Loading...
HomeMy WebLinkAbout04-2136 GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA C IVIL ACTION - LAW 00 / n NO. n4/ IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of 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, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 or (800) 990-9108 gandra L. Meilton Attorney for Plaintiff GERALD T. OSBURN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 04 - 0113L, (21 Ul??'l PATRICIA OSBURN, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Gerald T. Osburn, an adult individual who is sui juris and resides at 307 Market Street, Apt. 3, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. Defendant is Patricia Osburn, an adult individual who is sui juris and resides at 5460 Eagle's Ridge Lane, Enola, Cumberland County, Pennsylvania, 17025. The present whereabouts of the Defendant, Patricia Osburn, to the knowledge of the Plaintiff, is the same. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 16, 1995 in Mt. Gretna, Lebanon County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG, P.C. By: Sandra L. Me lton P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Gerald burn Dated: 5-1)- d4 66826.1 N ? qj ?CAJ c a GERALD T. OSBURN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 04-2136 CIVIL TERM PATRICIA OSBURN, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, John R. Fenstermacher, do hereby accept service of the Divorce complaint filed by the Plaintiff in the above matter on May 13, 2004. Fenstermacher DATED: l ??? MF= -?M -{ ?Fl _ }\ l L' Sandra L. Meilton Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonL&dzglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GERALD T. OSBURN Plaintiff, V. PATRICIA OSBURN, Defendant. CIVIL ACTION LAW No. 04-2136 (Civil Term) IN DIVORCE PLAINTIFF'S MOTION FOR LL' L.Lt11?t? 1 Vl\ 1 J V LkYjVjL 1\ 1 Plaintiff, by and through his undersigned counsel, hereby moves this Honorable Court for Declaratory Judgment and avers as follows: 1. Plaintiff is Gerald Osburn (hereinafter "Husband"). 2. Defendant is Patricia Osburn (hereinafter ("Wife"). 3. The Parties were married on September 16, 1995 in Mt. Gretna, Lebanon County Pennsylvania and separated on or about July 24, 2003. 4. Husband initiated the above-captioned Divorce action by filing a Divorce Complaint on May 13, 2004. 5. Prior to their marriage, on an unknown date, Husband and Wife entered into an Agreement, which was signed by both Parties. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated by reference. 6. The Agreement sets forth certain rights of the parties with respect to Marital Property, Assets, and Obligations. 7. Prior to the execution of this Agreement, neither Party was provided a fair and reasonable disclosure of the property or financial obligations of the other Party; neither Party voluntarily or expressly waived, in writing, any right to the disclosure of said information; and neither Party had adequate knowledge of said information, all of which are required pursuant to Section 3106 of the Divorce Code (23 Pa.C.S. § 3106). 8. An issue has been raised on behalf of the Husband with respect to the validity of the Agreement, and it would be beneficial to both Parties and the Court to address the validity of the Agreement prior to the Parties proceeding with respect to Equitable Distribution. WHEREFORE, Plaintiff respectfully requests that this Honorable Court issue a Rule to Show Cause why a hearing should not be scheduled to determine the validity of the Agreement. Respectfully Submitted, DALEY, ZUCKER & GINGRICH, LLC Date: 1,r -; t _ 2' By: andra L. Menton, Esquire PA Attorney I.D. No. 32551 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 .Attorney for Plaintiff VERIFICATION I, Gerald T. Osburn, Plaintiff, verify that the statements contained in the foregoing Motion for Declaratory Judgment are true and correct to the best of my knowledge, information and belief'. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: By: a,;7,txz, Gerald T. OsburnPlaintiff CERTIFICATE OF SERVICE I, Jennifer L. Carl, Paralegal, herby certify that on this,: day of t ,?- , 200_0, a copy of the Plaintiff s Motion for Declaratory Judgment was placed in the United States Mail, Postage pre-paid, addressed as follows: Ann V. Levin, Esquire SMIGEL ANDERSON & SACKS River Chase Office Center 4431 N. Front Street Harrisburg, PA 17110-1709 Attorney for Defendant Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC 1 By: J r L. ar , Para gal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 EXHIBIT "A" PRENUPTIAL AGREEMENT -------------------- IT IS AGREED THAT PATRICIA W. LEMMONDS AND GERALD T. OSBURN ARE BEING MARRIED ON SEPTEMBER 16, 1995. SHOULD, FOR ANY REASON, THESE TWO PEOPLE SEPARATE OR DIVORCE AT ANYTIME, IT IS FURTHER AGREED THAT ANY PROPERTY OWNED BY EACH SAID PERSON BEFORE SEPTEMBER 16, 1995, WILL BE RETAINED BY THAT PERSON AND NOT BE A PART OF THE MARITAL ASSETS. THE MARITAL PROPERTY WOULD PERTAIN ONLY TO PROPERTY ACQUIRED BY THE COUPLE AFTER SEPTEMBER 16, 1995. THE TWO MAJOR ITEMS TO BE AFFECTED BY THIS AGREEMENT ARE THE HOME EQUITY OF PATRICIA LEMMONDS AND THE PENSION PLAN OF GERALD OSBURN. 41 -1 ?-- u!?y atrr1 ci?-a- -W_Lemm*-6-s ___ era-7 u T. usburn Sandra L. Meilton Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton dzglaw.com JAN 042007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GERALD T. OSBURN Plaintiff, V. PATRICIA OSBURN, Defendant. CIVIL ACTION LAW No. 04-2136 (Civil Term) IN DIVORCE ORDER AND NOW, this y?4day of R , 2007, upon consideration of the Plaintiff s Motion for Declaratory Judgment, it is hereby ORDERED and DECREED that a hearing be scheduled to determine the validity of the Agreement on , b , 2007, at -24 am)( in Courtroom , at the Cumberland County Courthouse. - ? Y THE COT: J. Ltd ffil 61 .01 ? - tlf LOOZ 3?ddli 4 v 0- vw??, 40 SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3 d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 ,!Levi 11 La s_amflp_coln Attorney for Plaintiff GERALD T. OSBURN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2136 (Civil Term) PATRICIA OSBURN, Defendant CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's Request for Production of Documents to Plaintiff by placing same in the U.S. Mail, first class, postage paid on the 26 day of January, 2007, addressed as follows: SANDRA L. MEILTON, ESQUIRE DALEY, ZUCKER & GINGRICH, LLC 1029 SCENERY DRIVE HARRISBURG, PA 17109 SMIGEL ANDERSON & SACKS, LLP By U Ann . Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff - 7 - C? --?-i ? - [...r.. .a 'L -c? :? i ti? -- _ r ?i ?i j c?? ? ? ??' _? ? ?? ? ?} ?.' ) i _ ? y. ?.? ?. - ? _ ? r .? 7866-14/Def's I' Set of Interrogs to Plf/AVUmej 1/26/2007 3:05:23 PM SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3`d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 aleyi.r isas.l_il?.com Attorney for Plaintiff GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2136 (Civil Term) CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Defendant's First Set of Interrogatories to Plaintiff by placing same in the U.S. Mail, first class, postage paid on them day of January, 2007, addressed as follows: SANDRA L. MEILTON, ESQUIRE DALEY, ZUCKER & GINGRICH, LLC 1029 SCENERY DRIVE HARRISBURG, PA 17109 SMIGEL, NDERSON & SACKS, LLP By:- Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff C' ? r? -n t._ ? -r; - .,._ €??3 ?' s J'=? t? _'r=; . ... ?.?, , },, ?- r? ` - ? :'a „C GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2136 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 26th day of February, 2007, after having heard argument on the meaning of the prenuptial agreement, we enter the following Order: 1. The agreement is applicable to exclude the value of the separately owned assets as of the date of marriage from the marital estate. 2. It does not exclude any increase in value of those assets or further contributions thereto after the date of marriage. 3. Likewise, it does not exclude any gifts to the marital estate made after the date of marriage. By the Court,- /andra L. Meilton, Esquire For the Plaintiff XF V. Levin, Esquire or the Defendant srs a1 Edward E. Guido, J. ; ,f 3 UIR 30 GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2136 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 26th day of February, 2007, after hearing, we cannot say by clear and convincing evidence that the Plaintiff did not have full and fair disclosure of the assets and liabilities of the Defendant. Therefore, we find that the prenuptial agreement is enforcible. Edward E. Guido, J. andra L. Meilton, Esquire ;?O/rthe the Plaintiff V. Levin, Esquire Defendant srs f i? f •t l i f ?`?\ a y { M 1"' ";^I ?? 4? i i ?, -? ? ? r ,. ?M Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant No. 2004-2136 (Civil Term) CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 13, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: T-0 7 T LaA??w Gerald T. Osburn, Plaintiff w m x9a - C 1 'y f ? A- rn .... Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltona,dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant No. 2004-2136 (Civil Term) CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301 (c) AND 43301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: _ "! - Gerald T. Osburn, Plaintiff C'3 ? n D M ITi " M- -r ° -, r-- c-) J - o ?s C) F 1 0 SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire 1D# 70259 4431 North Front Street, 3d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin cgsaslln.com Attorney for Defendant GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2136 (Civil Term) CIVIL ACTION- IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 13, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: la -/?- 07 Patricia Osburn, Defendant C-) ° C ?..? rT, SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire 1D# 70259 4431 North Front Street, P Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevin n,sas11p.com Attorney for Defendant GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2136 (Civil Term) CIVIL ACTION- IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) 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 statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Patricia Osburn, Defendant 0 o O C= 1 ^, -OM . t_.. C.D - Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton a,dzmmalaw.com IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA GERALD T. OSBURN, Plaintiff, CIVIL ACTION LAW V. : PATRICIA OSBURN, Defendant. No. 04-2136 (Civil Term) IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this W -day of December, 2007, by and between Gerald T. Osburn whose current address is 307 Market Street, Apartment #3, New Cumberland, Cumberland County, Pennsylvania, hereinafter referred to as Husband, and Patricia Osburn, whose current address is 5460 Eagle's Ridge Lane, Enola, Cumberland County, Pennsylvania hereinafter referred to as Wife. WITNESSETH WHEREAS, Husband and Wife were lawfully married on September 16, 1995 in Mount Gretna, Lebanon County, Pennsylvania; and WHEREAS, certain differences have arisen between the parties in consequence of which they have lived separate and apart since on or about July 24, 2003; and WHEREAS, Husband filed a Complaint for Divorce on May 13, 2004 in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket Number 2004-2136 Civil Term; and WHEREAS, Certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another, and are desirous of settling fully Page 1 of 19 a and finally their respective financial and property rights and obligations arising out of their marriage, including, without limitation by specification: the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and in general the settling of any and all claims and possible claims by one against the other or against their respective estates for equitable distribution of all marital property; and a resolution of all mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Sandra L. Meilton, Esquire of Daley Zucker Meilton Miner & Gingrich, LLC, and Wife by her attorney, Ann V. Levin, Esquire of Smigel, Anderson & Sacks, LLP. NOW THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound and to legally bind their heirs, successors and assigns thereby, covenant, promise and agree as follows: 1. ADVICE OF COUNSEL: The parties hereto acknowledge and declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of their selection; that Husband has been independently represented by Sandra L. Meilton, Esquire, of Daley Zucker Meilton Miner & Gingrich, LLC, and Wife has been independently represented by Ann V. Levin, Esquire of Smigel, Anderson & Sacks, LLP. Each party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each 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 Page 2 of 19 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. 2. 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 may choose or deem fit, free from any control, restraint or interference from the other. 3. PERSONAL RIGHTS: Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other in all respects as if he or she were single and unmarried except as may be necessary to carry out the terms of this Agreement. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the parties for all times. 5. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Page 3 of 19 6. PERSONAL PROPERTY: Except as otherwise herein provided, Wife and Husband do hereby agree that they have satisfactorily divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other personal property and hereafter Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other, with full power to him or her to dispose of the same as fully and effectually, as though he or she were unmarried. The parties further agree that Husband shall retain the large Thomas Kinkaid print that is currently in the martial residence. Wife agrees to provide to Husband the Thomas Kinkaid print within twenty (20) days of the execution of this Agreement. Wife shall retain all household goods and furnishings that are currently in the marital residence. 7. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the Parties, they hereby agree as follows: A. The parties acknowledge that Wife leases the vehicle currently in her possession. Husband hereby agrees to relinquish any right, title or interest he may have in and to the leased vehicle currently in Wife's possession. Wife has acquired and will maintain separate insurance on the vehicle and she agrees to assume full responsibility and pay in due course any encumbrance on the vehicle. Wife shall hold harmless and indemnify Husband from any loss thereon. Page 4 of 19 B. The parties acknowledge that since separation, Husband has purchased and has retained sole use and possession of a 2006 Acura MDX. The parties hereby agree that the Acura shall be the sole and exclusive property of Husband. Wife hereby agrees to relinquish any right, title or interest she may have in and to the 2006 Acura MDX. Husband has acquired and will maintain separate insurance on the vehicle and he agrees to assume full responsibility and pay in due course any encumbrance on the Acura. Husband shall hold harmless and indemnify Wife from any loss thereon. C. Titles to said motor vehicles shall be executed by the parties, if appropriate for effecting transfer as herein provided, on or before the date of execution of this Agreement and the said executed titles shall be delivered to the proper parties on the distribution date. 8. REAL PROPERTY: Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of his right, title and interest in and to their jointly-owned real estate located at 5460 Eagle's Ridge Lane, Enola, Cumberland County, Pennsylvania (hereinafter referred to as the "marital residence"), subject to the mortgage given to Husband and Wife. The deed to said property shall be held in escrow by Husband's attorney, Sandra L. Meilton, Esquire, until such time as Wife refinances the property so as to eliminate Husband from any obligation on the mortgage. If not before, the refinancing shall be accomplished within sixty (60) days of the signing of this Agreement. Husband's attorney shall release the deed from escrow in order to consummate said refinancing. Both prior to and after refinancing or removal of Husband's name from the existing mortgage, Wife agrees to be solely responsible for the payment of any and all mortgage payments, taxes, insurance, utility bills and maintenance costs relative to said real estate and agrees to indemnify and hold Husband harmless from any responsibility thereunder. Page 5 of 19 9. RETIREMENT & PENSION INTERESTS: Except as otherwise herein provided, Husband and Wife hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans or other similar benefits) of the other party. A. PENSION BENEFITS: The Parties acknowledge that Husband, has a defined benefit plan through the Pennsylvania State Employees Retirement System (hereinafter "SERS Pension"), which is currently in pay status. Husband has elected a Survivor Annuity for the plan and designated Wife as the Beneficiary. The parties hereby agree that Wife shall retain the Survivor Annuity Designation of Husband's SERS Pension and Husband shall hereby forever waive and relinquish any right, title interest or claim he may otherwise have in and to the Survivor Annuity. Husband will sign the attached stipulation, which will prohibit him from changing his benefit option unless wife predeceases him. The attached stipulation will be entered as an Order of Court and be served on the Pennsylvania State Employees' Retirement System. Other that Wife's interest as irrevocable survivor annuitant, the parties further agree that Husband will remain the sole and exclusive owner of his SERS Pension and Wife shall hereby forever waive and relinquish any right, title interest or claim she might otherwise have in and to Husband's SERS Pension. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Page 6 of 19 B. INDIVIDUAL RETIREMENT ACCOUNTS AND 401(K) ACCOUNTS: The parties agree that at the date of separation, the following IRA and 401(k) accounts existed and had the following approximate marital values: 1) PNC IRA (Wife) $1,697.00 2) Pershing IRA (Husband) $106,794.27 3) American Funds IRA (Wife) $7,173.00 4) AUL 401(k) Account (Wife) $17,777.00 The parties hereby agree that Wife shall remain the sole and exclusive owner of her PNC IRA, her American Funds IRA, and her AUL 401(k) accounts and Husband shall hereby forever waive and relinquish any right, title interest or claim he might otherwise have in said accounts. The parties agree that Husband shall transfer Five Thousand Dollars ($5,000.00) from his Pershing IRA to Wife's Wachovia Fixed IRA account ending in number 0185 through the use of a Qualified Domestic Relations Order. Wife shall hereby forever waive and relinquish any right, title interest or claim she might otherwise have in said account. The parties agree that the expense incident to the preparation of the Qualified Domestic Relations Order shall be paid by Wife and said Qualified Domestic Relations Order will be executed by the parties within thirty (30) days of execution of this Agreement. 10. BANK ACCOUNTS: Husband shall retain his PSECU savings account with an approximate marital value of Eleven Thousand Two Hundred and Thirty-Two Dollars ($11,232.00) and his PSECU checking account with an approximate marital value of Six Thousand Fifty-Two Dollars ($6,052.00). Wife shall hereby forever waive and relinquish any right, title interest or claim she might otherwise have in said account. Page 7 of 19 Wife shall retain her PNC checking account with an approximate marital value of One Thousand and Four Dollars ($1,004.00) and her PNC money market account with an approximate marital value of One Thousand Four Hundred Dollars ($1,400.00). Husband shall hereby forever waive and relinquish any right, title interest or claim she might otherwise have in said accounts. 11. CENTRAL PENNSYLVANIA STOCK: The parties hereby agree that Wife shall remain the sole and exclusive owner of her Central Pennsylvania Stock and Husband waives all right, title and interest thereto. 12. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 13. DEBTS: A. MARITAL DEBT: Other than the debts enumerated herein, Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations of which they are aware or for which the other might be liable incurred prior to the signing of this Agreement. B. POST SEPARATION DEBT: Except as otherwise herein provided, in the event that either party contracted or incurred any debt since the date of separation on or about July 24, 2003, the party owing said debt will shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred and shall indemnify and save harmless the other party from any and all claims or demands made against him or her by reason Page 8 of 19 of debts or obligations incurred by the other party. C. FUTURE DEBT: Except as otherwise herein provided, from the date of the 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 harmless the other party from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. 14. HEALTH INSURANCE: Each party shall bear responsibility for obtaining and maintaining his or her own health insurance coverage and for his or her own unreimbursed medical expenses. To the extent medical insurance coverage is affected by marital status, it shall be the individual responsibility of Husband and Wife to immediately notify his or her employer or retirement plan of the change in marital status. 15. LIFE INSURANCE: To the extent that either of the parties have life insurance policies, simultaneous with the execution of this Agreement, those policies shall become the sole and separate property of the individual owning the policy. Nothing in this Agreement will prevent either party from designating beneficiaries under or encumbering their respective life insurance policies. 16. WAIVER OF ALIMONY: Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further voluntarily and intelligently waive and relinquish any right to seek from the other any payment for support or alimony. Page 9 of 19 17. ALIMONY PENDENTE LITE, COUNSEL FEES, AND EXPENSES: Husband and Wife acknowledge and agree that the provisions of this Agreement providing for the equitable distribution of marital property of the parties are fair, adequate and satisfactory to them. Both parties agree to accept the provisions set forth in this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. 18. COUNSEL FEES, COSTS AND EXPENSES: Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 19. TAX LIABILITY: The parties believe and agree that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her Federal or State income tax returns. 20. INCOME TAX: The parties have heretofore filed certain joint income tax returns and the Parties represent and warrant that they have heretofore duly paid all income taxes due on such returns; that they do not owe any interest or penalties with respect thereto; that no tax deficiency is pending or threatened against the parties; and that no audit is pending with respect to any such returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will Page 10 of 19 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 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. 21. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither parry has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 22. SATISFACTORY DIVISION OF MARITAL AND NON-MARITAL PROPERTY: Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. Page 11 of 19 23. RELINQUISHMENT OF RIGHTS: Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 24. INDEMNIFICATION: Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. Page 12 of 19 25. EXECUTION OF DOCUMENTS: Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 26. WAIVERS 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, curtesy, 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. Each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. 27. 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. 28. DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been limited formal discovery Page 13 of 19 conducted in their pending divorce action and that neither party has filed an inventory and appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. 29. DIVORCE: Husband has commenced an action for divorce from Wife pursuant to Section 3301(c) or (d) of the Pennsylvania Divorce Code (irretrievable breakdown) by the filing of a Complaint on May 13, 2004. It is the intent of the parties that a Divorce Decree be entered on or before the last day of December 2007 to ensure Wife obtains health care coverage. Therefore, the parties hereby agree that on or before December 14, 2007, they shall furnish Husband's attorney with an Affidavit of Consent and Waiver of Notice evidencing that each of them consents to the divorce. The parties hereby agree that said documents will be filed with the Court, along with a Praecipe to Transmit the Record, on or before December 14, 2007. Each of the Parties agree that this Agreement represents a complete and final agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under Section 3501 (Equitable Distribution) of the Pennsylvania Code, Act No. 1990-206. Page 14 of 19 This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive on the Parties for all time. 30. RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understands 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. 31. RELEASE OF ALL CLAIMS: Subject to the provisions of this Agreement, each party waives his or her right to alimony and any further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code of 1980. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever arising out of their marriage, except any or all cause or causes of action for divorce and except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling pursuant to 23 Pa.C.S.A. Section 3302. 32. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall continue in full force, effect and operation. Page 15 of 19 33. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 34. GOVERNING LAW: All matters affecting the interpretation of this Agreement and the rights of the Parties hereto shall be governed by the laws of the Commonwealth of Pennsylvania. 35. 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. 36. ENTIRE UNDERSTANDING: 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. The parties acknowledge that prior to their marriage they executed a Prenuptial Agreement, which was deemed valid by the Court of Common Pleas of Cumberland County after a hearing on the matter. Notwithstanding the same, the parties agree that this Agreement will supersede the provisions of the Prenuptial Agreement. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by Page 16 of 19 any court of competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3501 et. seq. or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 37. AGREEMENT BINDING ON PARTIES AND HEIRS: It is understood and agreed that not only the Parties hereto, but also their heirs, administrators, executors and assigns, shall be bound by all the terms, conditions and clauses of this Agreement. 38. WAIVER OR MODIFICATION TO BE IN WRITING: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 39. NO WAIVER OF DEFAULT: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either Party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such Party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. Page 17 of 19 40. HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 41. CONSTRUCTION: No provision of this Agreement shall be interpreted for or against any Party because that Party or that Party's representative drafted this Agreement in whole or in part. IN WITNESS WHEREOF, the Parties have set their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year first above written. Witness: andra L. Meilton, Esquir Counsel for Plaintiff v Ann . Levin, Esquire Counsel for Defendant Gerald T. Osburn, Plaintiff Patricia Osburn, Defendant Page 18 of 19 COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF DAUPHIN ) On this, the 1 day of h-e-C?MlqA , 2007, before me, a notary public, the undersigned officer, personally appeared Gerald T. Osburn, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL PATRICIA A. PATTON. Notary Public V otary P li Lower Paxton Twp., Dauphin County M Commission Expires June 20, 2010 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ) SS. On this, the 1 ?day of 2007, before me, a notary public, the undersigned officer, personally appeared Patricia Osburn, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. In Witness Whereof, I hereunto set my hand and notarial seal. Notary COMMONWEALTH OF PENNSYLVANIA Notarial Seal Vicky L. Fitz, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Jan. 6, 2011 Member, Pennsylvania Association of Notaries SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire 1D# 70259 4431 North Front Street, Yd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevinCa>sasllo corn Attorney for Defendant GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2136 (Civil Term) CIVIL ACTION - IN DIVORCE ORDER AND NOW, this day of , 2007, upon review of the parties' attached Stipulation, it is hereby ORDERED and DECREED the following: 1. Wife shall remain the irrevocable survivor annuitant on Husband's Pennsylvania State Employees' Retirement System Defined Benefit Plan. 2. Husband is prohibited from changing his benefit option under 71 Pa.C.S. 59070) unless Wife, the survivor annuitant, pre-deceases Husband. BY THE COURT: J. Distribution: Sandra L. Meilton, Esquire, counsel for Plaintiff, 1029 Scenery Drive, Harrisburg, PA 17109 Ann V. Levin, Esquire, counsel for Defendant, 4431 N. Front St., Harrisburg, PA 17110 SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire 1D# 70259 4431 North Front Street, 3"d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevinosasllg.com Attorney for Defendant GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant AND NOW, this day of 2007, Gerald T. Osburn, Plaintiff (hereinafter referred to as "Husband") together with his attorney, Sandra L. Meilton, Esquire and Patricia Osburn, Defendant (hereinafter referred to as "Wife") together with her attorney, Ann V. Levin, Esquire hereby agree to the following: 1. Husband has a Defined Benefit Plan through the Pennsylvania State Employees' Retirement System (hereinafter "SERS Pension") of which Wife is designated as survivor annuitant. 2. Pursuant to the terms of the parties' Marital Settlement Agreement dated December 2007, Wife shall remain irrevocable survivor annuitant on Husband's SERS Pension unless Wife predeceases Husband. Husband is prohibited from changing his benefit option under 71 Pa.C.S. 59070) unless Wife, the survivor annuitant, pre-deceases Husband. 3. The parties agree to enter this Stipulation as an Order of Court and a copy will be : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2136 (Civil Term) CIVIL ACTION - IN DIVORCE STIPULATION served upon the Pennsylvania State Employees' Retirement System. IN WITNESS WHEREOF, the parties and their respective counsel have set their hands and seals the day and year first above written. Patricia Osburn SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant Gerald T. Osburn DALEY, ZUCKER, MEILTON MINER & GINGRICH Sandra L. Meilton, Esquire 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff R7, -n : [_ r ?Tfl Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeiltonAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GERALD T. OSBURN, Plaintiff No. 2004-2136 (Civil Term) V. CIVIL ACTION - LAW PATRICIA OSBURN, Defendant 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: A true and correct certified copy of the Divorce Complaint was served on Defendant's Counsel, via United States Mail, First Class, Postage Pre-paid on May 18, 2004. An Acceptance of Service was filed on May 21, 2004. 3. As required by Section 3301(c) of the Divorce code, Plaintiff executed his Affidavit of Consent on December 19, 2007 and Defendant executed her Affidavit of Consent on December 18, 2007. The Affidavits are being filed contemporaneously herewith. 4. Related claims pending: None. The parties executed a Property Settlement Agreement on December 19, 2007, a copy of which is being filed contemporaneously herewith. ?. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff executed his Waiver of Notice of Intention to Request Entry of Divorce Decree on December 19, 2007 and Defendant executed her Waiver of Notice of Intention to Request Entry of Divorce Decree on December 18, 2007. The Waivers of Notice are being filed contemporaneously herewith. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: taZ a-o u By: Sandra L. Meilton, Es ire Supreme Court ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff C"? ? p y rTI rte SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire 1D# 70259 4431 North Front Street, 3rd Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevinCa]saslip.com Attorney for Defendant GERALD T. OSBURN, Plaintiff V. PATRICIA OSBURN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2136 (Civil Term) CIVIL ACTION - IN DIVORCE STIPULATION AND NOW, this leday of Pe C2-t-J?4r , 2007, Gerald T. Osburn, Plaintiff (hereinafter referred to as "Husband") together with his attorney, Sandra L. Meilton, Esquire and Patricia Osburn, Defendant (hereinafter referred to as "Wife") together with her attorney, Ann V. Levin, Esquire hereby agree to the following: 1. Husband has a Defined Benefit Plan through the Pennsylvania State Employees' Retirement System (hereinafter "SERS Pension") of which Wife is designated as survivor annuitant. 2. Pursuant to the terms of the parties' Marital Settlement Agreement dated December 2007, Wife shall remain irrevocable survivor annuitant on Husband's SERS Pension unless Wife predeceases Husband. Husband is prohibited from changing his benefit option under 71 Pa.C.S. 59070) unless Wife, the survivor annuitant, pre-deceases Husband. 3. The parties agree to enter this Stipulation as an Order of Court and a copy will be served upon the Pennsylvania State Employees' Retirement System. IN WITNESS WHEREOF, the parties and their respective counsel have set their hands and seals the day and year first above written. Patricia Osburn ,/,Ili T" a Gerald T. Osburn SMIGEL, ANDERSON & SACKS, LLP v_ Ann . Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant DALEY, ZUCKER, MEILTON MINER & GINGRICH Sandra L. Meilton, Es wire 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff a rri 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. GERALD T. OSBURN NO. 2004 - 2136 Civil Term VERSUS PATRICIA OSBURN DECREE IN DIVORCE S',31P..4 a)-3. AND NOW, IT IS ORDERED AND DECREED THAT Gerald T. Osburn PLAINTIFF, Patricia Osburn AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; AND IT IS FURTHER ORDERED, that the terms, conditions and covenants set forth in the written Marital Settlement Agreement ma a an en ere into by the parties on ecem er 19, , are incorporated into this Decree by reference thereto, but not merged inter tlhi s nP rPP _ -? ATTEST: J. PROTHONOTARY vw ' f .? DEC 2 0 2007, jl SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire 1D# 70259 4431 North Front Street, 3d Fir. Harrisburg, PA 17110-1778 (717) 234-2401 alevinnsaslip.com Attorney for Defendant GERALD T. OSBURN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2136 (Civil Term) PATRICIA OSBURN, Defendant CIVIL ACTION - IN DIVORCE ORDER AND NOW, this j2(?Tday of? , 2007, upon review of the parties' attached Stipulation, it is hereby ORDERED and DECREED the following: 1. Wife shall remain the irrevocable survivor annuitant on Husband's Pennsylvania State Employees' Retirement System Defined Benefit Plan. 2. Husband is prohibited from changing his benefit option under 71 Pa.C.S. 59070) unless Wife, the survivor annuitant, pre-deceases Husband. THE COUR' J. Distribution: Sandra L. Meilton, Esquire, counsel for Plaintiff, 1029 Scenery Drive, Harrisburg, PA 17109 Ann V. Levin, Esquire, counsel for Defendant, 4431 N. Front St., Harrisburg, PA 17110 'If I L& fncf-?t L( t 4?,Nv, J3 C1? d :11 gl 1 Z 33a 1042 vvt i1_v , Sandra L. Wilton, Esquire Quintina M. Laudermilch, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717)6574795 smeiltonaldzmmglaw.com tlaudermilchAdzmmglaw.com GERALD T. OSBURN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-2136 (Civil Term) PATRICIA OSBURN, CIVIL ACTION - LAW Defendant IN DIVORCE PETITION AND NOW, comes the Plaintiff, Gerald T. Osburn, by and through his attorneys, Daley Zucker Meilton Miner & Gingrich, LLC, and files the following Petition: 1. The Qualified Domestic Relations Order entered in the above-captioned matter on May 30, 2008 contains Social Security numbers and dates of birth for both parties. 2. Inasmuch as this information is confidential, personal and private, the Plaintiff is concerned about having such information becoming accessible by any individual. 3. In order to protect the parties' identities, he respectfully requests that the Qualified Domestic Relations Order be "sealed". 4. Counsel for Defendant, Ann V. Levin, Esquire, does not object to the filing of this Petition. 5. The Honorable Kevin A. Hess has signed the Qualified Domestic Relations Order in this matter. The Honorable Edward E. Guido has signed the Divorce Decree in this matter, as well as prior Orders in this case. WHEREFORE, Plaintiff respectfully requests that the Qualified Domestic Relations Order be sealed. Respectfully Submitted: DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 6&g By: S dra L. Meilton, Esquire Attorney I.D. No. 32551 Quintina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public in and for said Commonwealth and County, Quintina M. Laudermilch, Esquire, who being duly sworn according to law, deposes and says that she is the attorney for Plaintiff in the within action; that she takes this affidavit on behalf of Plaintiff as the matters are procedural or refer to matters within the knowledge of counsel and that the facts set forth in the foregoing Petition are true and correct to the best of her knowledge, information and belief. Quintina M. Laudermilch Sworn to and subscjbed bef e e this ?- day of , 2008. F o Public COMM*pMfYZALn! Off' PEN?.? ANtA NOTARIAL SEAL PATR CIA A. PATTON, Notary Public Lower Pm *m Up., Dauphin County Commosion Expm June 20.2010 CERTIFICATE OF SERVICE AND AND NOW, this q day of U h e , 2008, I, Amanda M. Shull, hereby certify that I have, on this day, served the within document, by depositing a copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, PA, addressed to: Ann V. Levin, Esquire SMIGEL ANDERSON & SACKS 4431 North Front Street Harrisburg, PA 17110 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Amanda M. Shull, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ? C ?; , t, FC N ,> C.ra -I JUN 10 2008 PVq GERALD T. OSBURN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA No. 04-2136 (Civil Term) PATRICIA OSBURN, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER AND NOW, this //f day of 11 t , 2008, in consideration of the within Petition, IT IS HEREBY ORDERERD AND DECREED that the Qualified Domestic Relations Order is sealed. The Prothonotary's Office is directed to take the necessary steps to seal the Qualified Domestic Relations Order. BY THE COURT: f L tl VINVA }J1J' N]d r n , ?-o ,UN(1v.? ^'i,,.?qmo ? 1 .4 Wd 1 1 Nnr soon AWI0NWIC)8d 3HI 3O 301±40--031H