Loading...
HomeMy WebLinkAbout01-0244NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- oY¢'at/ Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. Ajudgment may also be entered against you for any other cla'tm or rebel requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your .children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : : NO. 2001- -~¥ CivilTerm : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, NATHAN K. SYBRANDT, by his attorney, MAX I. SMITH, JR, Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff', NATHAN K. SYBRANDT, is an adult individual and citizen of the United States of America, whose address is 35 Fort Street, Lemoyne, Cumberland County, Penn- sylvania 17043. 2. The Defendant, RACHELLE D. SYBRANDT, is an adult individual and citizen of the United States of America, whose address is 70 Station Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have been tx)na fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about May 21, 1999 in Cullowhee, North Carolina. 5. Plaintiff avers that there are no children of the parties under the age of 18. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. PlaCmtiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the pmies to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage t'fled by either party in this or any other jurisff~ction. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Dated: January [ { ,2001 James, Smith, Durkin & Cormelly LLV P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. NATHAN Cumberland ~T~AL RECORDS RECORD OF DIVORCE OR ANNULMENT [] (CHECK ONE) ~ HUSBAND Nathan K. Sybrandt ~mw 12 14 1972 35 Fort Street, Lemoyne, Cumberland, PA s~Rm Minnesota MARR,^~ 1 ~ ~ ~ administ rater/programmer WIFE Packer Rachelle D. Sybrandt E,~TH 04 09 1970 70 Station Road, Newville, Cumberland, PA 12, NUMSER 1 13' RACEwHtTE MARRIAGE Cul lowhee *~7A. NUMBEROF 117B, NUMBEROFDEPENDENT CHILDREN THIS ~ CHILDREN UNDER 18. ~n~ 0 0 cus~oo¥oF N/A [] [] OF ~,m~ Oh i o 14, USUAL OCCUP AT,ON OTHER{Speclfy)~__~ Scenic artist North Carolina MARR'ASE 05 21 1999 [] ~ Irretrievable breakdown NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMONrpLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divome Code was filed on January 11, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to · NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2001-244 Civil Term CIVIL ACTION - LAW : IN DIVORCE WAWER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE unsworn falsification to authorities. D ate: t 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to NATHAN K. SYBRANDT, PlaintS' VS. RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fled on January 11, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I t~ave been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are 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. RACHELLE D. S~NDT NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMON.PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001~244 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand tlmt 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 AfiSdavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: ,/_/~, /o9~90X / R~I]~LLE D. ~RAND NATHAN K, SYBRANDT, Plaintiff RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 12th day of January, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7000 1670 0011 1699 9218 at Hershey, Pem~sylvania, addressed to: Rachelle D. Sybrandt 70 Station Road Newville, PA 17241 Mailing and return receipt cards attached hereto. MAX J. SMITH, ~,~, Esquire I,D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033 (717) 533-3280 (E~ldorsement Required} [, ~ · Complete items I, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space perm{ts. 1. Article Addressed to; D. Isdeliveq, addressd 17 I-lyes If YES [] No 13etiver to addressee 0nly I 3. Se~ice Type ~ Certhqed Mail [] Express Maid t-1 Rag/sternal ri Return Receipt for Merchandise 2. Article Number (Copy from service label) Ps Fo~ 3811, July 1999 O~ta ~tum R~eiot NATHAN K. SYBRANDT Plaintiff VS. RACHELLE D. SYBRANDT Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 01 - 244 CIVIL 19 : : IN DIVORCE STATUS SHEET DATE: ACTIVITIES: NATHAN K. SYBRANDT, Plaintiff RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COM~40N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 244 CIVIL IN DIVORCE TO: Max J. Smith Marilyn K. Zilli , Attorney for Plaintiff , Attorney for Defendant DATE: Monday, May 7, 2001 CERTIFICATION I certify that discovery is complete as to for which the Master has been appointed. the claims (a) OR IF DISCOVERY IS NOT COMPLETE: Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. NATHAN K. SYBRANDT, Plaintiff vs. RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 244 CIVIL IN DIVORCE TO: Max J. Smith Marilyn K. Zilli Attorney for Plaintiff Attorney for Defendant DATE: Monday, May 7, 2001 CERTIFICATION I certify that discovery is complete as for which the Master has been appointed. to the claims OR IF DISCOVERY IS NOT COMPLETE: (a) 0uuz~ne what information is recf~ired that zs not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) to complete discovery. Provide approximate date when discovery will be complete and indicate what action is being taken DATE COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMI~EDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. SM[TH DURKJN & CONNELLY LLP M~x J. Smith, Jr. mjsjr~j sdlegal.¢om January 10, 2002 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 In re: Sybrandt v. Sybrandt No. 2001-244 In Divorce Dear Bob: Please be advised that I represent Nathan K. Sybrandt, Plaintiffin the above matter. The Defendant, Rachelle D. Sybrandt, is not represented by counsel, although she had been represented by Marilyn K. Zilli, Esquire. I have enclosed a copy of Ms. Zilli's letter to me dated May 23, 2001 which indicates that she no longer represents Ms. Sybrandt, and that all communication is to be forwarded to Ms. Sybrandt directly. You had been appointed Master by Order dated May 2, 2001. In the meantime, the parties have resolved the outstanding marital issues by agreement, and therefore I have enclosed two fully executed copies of their Marital Settlement Agreement dated December 5, 2001 to assist you in revoking your appointment as Master. Plaintiffs Consent and Waiver forms were filed on December 11, 2001 and Defendant's Consent and Waiver forms were filed on January 9, 2002, and a Praecipe signed by Ms. Sybrandt withdrawing Counts IV, V and VI of her Counterclaim was also filed on January 9. Accordingly, we respectfully request that the steps be taken to revoke your appointment as Master so that we may proceed with the completion of the divorce. Thank you for your kind attention, and please let me know if you need any additional information. Very truly yours, JAM~, SMITH, DURKIN & CONNELLY LLP M~!?S~ ~ith, Jr. MJS,Jr.:amk Enclosures cc: Nathan K. Sybrandt Rachelle D. Sybrandt GARY L JAMES MAX d SMITH. JR KAR£N DURmN JOHN ,~ CONNELLY, JR STEV£N A STINE SCOTT A DIETTERICK GREGORY ~ RICHARDS RICHARD b DAHLEN SUSAN M. KADEL JARAD W HANDELMAN DONNA M. MULLIN EDWARD P SE£BER NElL W YAHN BERNARD ARYAN, JR OF COUNSEL: ANDREW M BARBIN FETTERHOFF AND ZILLI ATTORNEYS AT LAW 200 N. THIRD STREET - SUITE 800 PO. BOX t 161 HARRISBURG, PENNSYLVANIA 17108-1161 May 23, 2001 Max J. Sm/th, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033 Re: Sybrandt v. Sybrandt Dear Max: Rachelle Sybrandt has informed me that she can no longer afford the services and has directed me to take no further steps on her behal£ Accordingly, please send all correspondence to Ms. Sybrandt directly. Thank you for your attention. CC: Very truly yours, Marilyn C. Zilli ~-' Rachelle Sybrandt (with enclosure) of an attorney NATHAN K. SYBRANDT, Plaintiff RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the ease 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 in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 F YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S ~EES 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 tAVE 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 LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 (717) 249-3166 NATHAN K. SYBRANDT, Plaintiff RACHELLE D. SYBRANDT, I~fendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE ANSWER TO DIVORCE COMPLAINT WITH NEW MATTER AND COUNTERCLAIM AND NOW, comes Defendant Rachelle D. Sybrandt who files this Answer with New Matter and Counterclaim to PlaintiffNathan K. Sybrandt's Complaint in Divorce. 1. Admitted. 2. Admitted 3. Admitted. 4. Admitted in part; denied in part. The parties were married by a rector on May 21, 1999. Their marriage certificate erroneously states the date as May 22, 1999. However, theparties have been living as common-law husband and wife since December l, 1995. 5. Admitted, 6. Admitted. 7~ Neither admitted nor denied. Defendant has filed her own Affidavit of Counseling. (See attached.) Admitted. NEW MATTER 9. Defendant avers that the marriage is not irretrievably broken. WHEREFORE, Defendant prays this Honorable Court to deny Plaintiff's request for a divorce. COUNTERCLAIM 10. COUNT I Request for a Fault Divorce under Section $301(a)(6) of the Divorce Code The prior paragraphs of this Complaint are incorporated herein by reference thereto. l 1. Plaintiff has offered such indignities to Defendant, who is the innocent and injured ~pouse, as to render Defendant's condition intolerable and life burdensome. 12. The indignities include both physical and mental abuse. 13. This action is not collusive, as defined by Section 3309 of the Divorce Code. WHEREFORE, ifa divorce is to be granted, Defendant respectfully requests that it be granted to her, pursuant to Section 3301(a)(6) of the Divorce Code. COUNT I1 Request for a No-Fault Divorce under Section 3301(c) of the Divorce Code 14~ The prior paragraphs of this Complaint are incorporated here by reference thereto. 15. After ninety (90) days have elapsed from the date of the filing of the Complaint, Defendant may file an affidavit consenting to a divorce. Plaintiffmay also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce al~er ninety (90) days have elapsed from the filing of this Complaint, Defendant respectfully requests the Court to enter a decree of divorce, pursuant to Section 3301 (c) of the Divorce Code. COUNT III Request for a No-Fault Divorce under Section 3301{d) of the Divorce Code 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. The parties have lived separate and apart since late December, 2000. 18 At the time of hearing, Defendant may submit an affidavit that the parties have lived separate and apart for at least two (2) years. WHEREFORE, if the parties continue to live separate and apart, Defendant respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(d) of the Divorce Code. COUNT 1V Request for Equitable Distribution under Section 3502 of the Divorce Code 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. Plaintiff and Defendant have acquired property both real and personal during their marriage from December 1, 1995 until the present time. 21. property. Plaintiffand Defendant have been unable to agree to an equitable distribution of said WHEREFORE, if the parties are ultimately divorced, Defendant prays for the entry of an Order equitably distributing all of the aforementioned property. 22. COUNT V Request for Alimony Pendente Lite and Alimony under Sections 3701 and 3702 of the Divorce Code The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself during the course of litigation. 24. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 25. Defendant requests the Court to enter an award of alimony pendente lite until final hearing and thereupon, ifa divorce is granted, to enter an Order of alimony in her favor, pursuant to Sections 3701 and 3702 of the Divorce Code. WHEREFORE, Defendant respectfi~lly requests that pursuant to Sections 3701 and 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay alimony pendente lite and, if a divorce is granted, alimony. COUNT VI Request for Counsel Fees, Costs and Expenses under Sections 3104, 3313, and 3702 of the Divorce Code 26. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 27. Defendant has retained Marilyn C. Zilli, Esq., to represent her in this matrimonial 28. Defendant is unable to pay the necessary counsel fees, costs and expenses and Defendant is more than able to pay them. 29. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Defendant to pay PlaintilTs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiffrespectfully requests that, pursuant to Sections 3104, 3323 and 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses, Respectfully submitted, Attorney for Defendant 200 North Third Street, Suite 800 Harrisburg, PA 17101 71%232-7722 ID #23179 VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, understanding, and belief. ] understand that false statements herein are made s~bject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. ~ ~ache e D. Sybrandt NATHAN K. SYBRANDT, Plaintiff RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF COUNSELING I, Rachelle D. Sybrandt, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I pafflcipate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: c~© ~ 0 / --' ~"/' Rachelle D. Sybrandt /J CERTIFICATE OF SERVICE A true and correct copy of the foregoing document was delivered to the person or office listed below by first class mail on the date indicated, as follows: Max J. Smith, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033 Date: Marilyn C. Zilli, Es~l~dre 200 North Third Street Suite 800 Harrisburg, PA 17101 (717) 232-7722 ,,~ 0 NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE AMENDED ANSWER AND NOW, this iD 1~-5 day of February, 2001, Defendant Rachelle D. Sybrandt respectfully requests that the following language be substituted in the Answer with New Matter and Courterclaim she filed February 2, 2001. 1. In the WHEREFORE clause of Coum V; substitute the following language: WHEREFORE, Defendant respectfully requests that pursuant to Sections 3701 and 3702 of the Divorce Code, the Court enter an Order directing Plaintiffto pay alimony pendente lite and, ifa divorce is granted, alimony. 2. In Count VI; substitute the following language: 28, Defendant is unable to pay the necessary counsel fees, costs and expenses and dntiffis more than able to pay them. 29. Reserving the fight to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3104, 3323 and 3702 of the Divorce Code, the Court enter an Order directing Plaintiff.to pay Defendant's reasonable counsel fees, costs and expenses. ~spect ful_ly submitted, Attorney for Defendant 200 North Third Street, Suite 800 Harrisburg PA 17101 717-232-7722 ID # 23179 CERTIFICATE OF SERVICE A tree and correct copy of the foregoing document was delivered to the person or office listed below by first class main on the date indicated, as follows: Max J. Smith, Esquire James, Smith, Durkin & Connelly, LLP P. O. Box 650 Hershey, PA 17033 Date: Marilyn C Zilli, 200 North Third Street Suite 800 Harrisburg, PA 17101 (717) 232-7722 NATHAN K. SYBRANDT, Plaintiff vs. RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 244 CIVIL IN DIVORCE TO: Max J. Smith Marilyn K. Zilli Attorney for Plaintiff , Attorney for Defendant DATE: Monday, May 7, 2001 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IFF DISCOVERY IS NOT (a) Outline what znformation is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. ~0~ ~0~ D~D~ ~') NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL RAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTRERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2} WEEKS OF THE DATE SHOWN ON THE DOCUMENT. IN THE COURT OF C0~/~-ON PLEAS OF CL~BERLAND COUNTY, P~NNSYLVANIA NATHAN K. SYBRANDT, Plaintiff vs. RACHELLE D. $¥BRANDT, NO. 2~01-244 19 MOTION FOR APPOLNTM~NT OF M_ASTER Nathan K. Sybrandt (PlainTiff) a master wi~h respect to the following ( X ) Divorce ( ) Anv,,]ment (X) ~limony ( X ) Alimony Pendents Lite moves ~he court to appoint ( X ) Distribution of Property ( ) Support ( X ) Counsel Fees (X) Costs m?.d L-cpensas and in support of the motion states: (1) Discover7 is complete as =o the claims(s) appointment of a master is requested. her (by ~ attorney, breakdown and following cia/ms: claims: or fact. Data: &prJ1 26, for which the (2) The defendant (has) (~x~R) appeared in the action (~m~-w~ Marilvn K. Zilli ,Esquire). (3) The sta~uror~ ground(s) for divorce (J~} (ara) irretrievable indignities (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to th~ (c) The aculon is con=es:ad with raspec= ~o the following (5) The action (:~t~:~) (does not involve) complex issues of law is appointed maste~with respect ~o the followimg claims: (6) The hearing is expected to take one-half (~ (days). (7) Additional information, if any. $~levant to the motion: at ey ~r (P][a/imtlff) ORDER APPOINTING HASTER Esquire, By the NATHAN K. SYBRANDT, Plaintiff/Respondent VS. RACHELLE D. SYBRANDT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 01-244 CIVIL TERM IN DIVORCE DR# 30426 Pacsas# 854103042 ORDER OF COURT AND NOW, this 7~ day of February, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadda¥ on March 6, 2001 at 9:00A.M for a conference, at 13 N. Hanover St., Carlisle, PA 170 l 3, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of yunr most recent Federal Income Tax Return, including W-Ts as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Heifer, President Judge Mail copies on Petitioner 2-8-01 to: < Respondent Marilyn Zilli, Esquire Max Smith, Esquire Date of Order: Febraury 7, 2001 R. J. S~adday, Conference Officer (/ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw Counts lTV, V mhd VI of the Counterclaim filed on behalf of the Defendant, Rachelle D. Sybrandt, in the above matter, by former counsel, Marilyn C. Zilli, Esquire. NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-244 Civil Term : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S REPLY TO AMENDED ANSWER AND NOW COMES the PlaintifI; NATHAN K. SYBRANDT, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully Reply's to Defendant's Amended Answer as follows: 1. Neither admitted nor denied, as no response is required. 2. 28. Denied. Defendant is gainfully employed and therefore able to pay her counsel fees, costs and expenses. It is further denied that Plaintiff is more than able to pay same. 29. Denied. Defendant is capable of paying her counsel fees, costs and expenses. Denied. Defendant is capable of paying her counsel fees, costs and expenses. Date: February 14, 2001 Respectfully submitted, I.D. No. 32114 James, Smith, Dm:kin & Connelly LLP P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Reply to Amended Answer 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. NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW : IN DIVORCE CERTII~ICATE OF SERVICE AND NOW, this [( day of February, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's Reply to Amended Answer by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Fetterhoff and Zilli Attn: Mar'flyn C. 7~illi: Esquire 200 N. Third Street - Suite 800 P.O. Box 1161 Harrisburg, PA 17108-1161 I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY ~' P.O. Box 650 Hershey, PA 17033 (717) 533-3280 NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .' : NO. 2001-244 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S REPLY TO COUNTERCLAIMS AND NOW COMES the Plaintift; NATHAN K. SYBRANDT, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully Replys to Defendant's Counterclaims as follows: COUNT I REOUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 10. Neither admitted nor denied, as no response is required. 11. Denied. It is denied that Plaintiff has offered such indignities to Defendant as to render her condition intolerable and life burdensome. To the contrary, it is Defendant who has committed indignities so as to render Plaintiff's condition intolerable and life burdensome. 12. Denied. Plaintiff has not physically or mentally abused Defendant. 13. Admitted. COUNT II REOUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 14. Neither admitted nor denied, as no response is required. 15. Admitted. COUNT III REOUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 16. Neither admitted nor denied, as no response is required, 17. 18. Denied. The parties have lived separate and apart since November 6, 2000. Denied. This is a conclusion of law to which no response is necessary. COUNT IV EOUITABLE DISTRIBUTION 19. 20. Neither admitted nor denied, as no response is required. Admitted. 21. Admitted. COUNT II ALIMONY PENDENTE LITE AND ALIMONY 22. Neither admitted nor denied, as no response is required. 23. Denied. Defendant has sufficient property to provide for her reasonable means and to sustain herself during the course of this htigation. 24. Denied. Defendant is employed and is able to adequately support herself in accordance with the standard of living established during the marriage. 25. Denied. Defendant is able to provide for herself through her employment, and therefore is not entitled to alimony pendente lite or alimony. COUNT VI COUNSEL FEES, COSTS AND EXPENSES 26. Neither admitted nor denied, as no response is required. 27. Admitted. 28. Admitted in part and denied in part. It is denied that Defendant is unable to pay her counsel fees, costs and expenses. It is admitted that Defendant is able to pay.them. 29. Denied. Defendant is capable of paying her counsel fees, costs and expenses. Code; WHEREFORE, Plaintiff prays this Honorable Court to: (a) deny a divorce pursuant to Section 3301(a)(6) of the Pennsylvania Divorce (b) (c) (d) (e) grant a divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code; equitably divide the marital property remaining between the parties; deny Defendant's request for alimony pendente lite and alimony; deny Defendant's request for counsel fees, costs and expenses; (f) (g) deny any and all other relief which has been requested by Defendant; and order such further relief as the Court may determine equitable and just. Date: February 14, 2001 Respectfully submitted, MAX J. S~, Esquire I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 I verity that the statements made in tiffs Reply to Counterclaims 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. ' NATHAN K. SYBRAND/,Ir NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this Jb'~ day of February, 2001, l, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's Reply to Counterclaims by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Fetterhoff and Zilli Arm: Marflyn C. 7.illi, Esquire 200 N. Third Street - Suite 800 P.O. Box 1161 Han'isburg, PA 17108d161 I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033 (717) 533-3280 0 0 t~ NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant IN ~IE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-244 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AMENDED REPLY TO COUNTERCLAIMS AND NOW COMES the Plaintiff; NATHAN K. SYBRANDT, by his attorney, MAX J. SMITH, JR., Esquire, and respectfully amends his Reply to Defendant's Counterclaims as follows: COUNT IV EOUITABLE DISTRIBUTION 20. Paragraph 20 of PlaintifFs Reply to Counterclaims filed on February 16, 2001 should be amended to read as follows: Admitted, to the extent the parties have acquired property during their marriage fi:om May 21, 1999 to present. It is denied that the parties have been married since December 1, 1995. COUNT V ALIMONY PENDENTE LITE AND ALIMONY (The Reply to Counterclaims filed on February 16, 2001, erroneously references Count V, Alimony Pendente Lite and Alimony as Count II, and therefore the correction is noted herein.) Date: February 27, 2001 Respectfully submitted, MAX J. SMITH, JR.,Esquire I.D. No. 32l 14 James, Smith, Durkin & Cormelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ........... ~,~, PENft NRT R~OE OOURSE FR× NO, PEB.-22'OltTHU) 15;~0 OASES, $~ITH, DURKIN R OON{ELL¥ p, F P. 00, NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : IN ~ COURT OF COMMONPLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-244 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~-~ day of February, 2001, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's Amended Reply to Counterclaims by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Fetterhoff and 7.illi Atto: Marilyn C. Zilli, Esquire 200 N. Third Street - Suite 800 P.O. Box 1161 Harrisburg, PA 17108-1161 I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. BOX 650 Hershey, PA 17033 (717) 533-3280 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Common eaah of Pen. vania Co./City/Dist. of Date of Order/Notice 03/0610~ CouWCase Number ($~ EmployerNVithholder's Federal EIN Number PENN NATIONAL GAMING INC [mplayerANithholder's Nnme 825 BERKSHIR]~ BLVD E mploye r~Vithholde/s Address WYOMISSING PA 19610-1247 (~ Original Order/Notice O Amended Order/Notice O Terminate Order/Notice ) RE: SYB]~A.NDT, NAT~A~ K. 5mployee/Obligor's Name (Last, Firs% Mi) 177-68~0083 Employee/Obligor's Social Security Number 3655100690 Employee/Obligor's Case identifier (See Adden~m ~et plaintiff names assodated with cases on atta~ment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 312. oo per month in current support $ 40 . 00 per month in past-due support Arrears12 weeks ot greater? Oyes {~) no $ 0.00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 352.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 81. P3 per weekly pay period. $ 162.46 per biweekly pay period (every two weeks). $ 176.00 per semimonthly pay period (twice a month). $ 352.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this OrdedNotice. Send payment within seven (7) workin§ days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings, For the purpose of the limitation on withholding, the following information is needed (See #9 on pg, 2), If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor'$ Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSI DO NOT SEND CASH BY MAIL. Date of Order:__~ch ~, ~1 Service Type M ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* -- R~po,'~ir~ the Paydate/Date uf Withholding. You must ~eport th~ p. yd.~t~/d~t~ of withh,.Iding when sending~¥p'ayniei~L~ pa¥-datek~te of withholding is the date on whirl, amount was ~,ithbeld from the ernpioy=e's 'wages, You must comply with the law of the state of the emplayee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is mom than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of empioyee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for Fou. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 23223~730 EMPLOYEE'S/OBLIGOR'S NAME: $¥i~R.~'~'D'~, ~2"H...~ K. EMPLOYEE'S CASE IDENTIFIER: 365~'t00690 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or ~verance pay. [f you have any questions about lump sum payments, contact the person or authority below. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should /e withheld from the employee/oblJgor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs ess the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from ~[oyment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. nsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is )Joyed governs. Withholding Limits: You may not withhold more than ~e lesser of: 1) the amounts allowed by the Federal Consumer Credit ~ction Act (15 U~S,C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obfi§or's principal place of employment. Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory lotions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. ~TE: If you or your agent are sewed with a copy of this order in the state that issued the order, you are to follow the the state that issued this order with respect to these items, ~questing Agency: DOMESTIC RELATIONS SECTION P.O. BQX 320 ZARLISLE PA 1701.3 If you or your employee/obligor have any questions, contact WAGE A'fiFACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717)240-6248 or by Internet Type Page 2 of 2 Form EN-028 Worker ID STATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: $¥BR~DT, ~T~L~ ~. PACSES Case Number B$4 Z030a~)/~ Plaintiff Name RAC~{EL/~E D. ~YB~J%~TDT Docket Attachment Amount 01~244 cIvIg $ 352.00 Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): Dog Jif checked, you are required to enroll the child[ten) ratified above in any health insurance coverage available ough the employee's/obligor% employment. [] ff checked, you are required to enroll the child(ten) identified above in any, health in, surance coverage available through the employee s/obligor s employment. :SES Case Number ~dff Name 'ocket Attachment Amount $ o.oo Id(ren)'s Name(s): DOg : lecked, you are required to enroll the chi}d(ren) :d above in any, health in, surance coverage available the employee s/obligor s employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(ren)'s Name(s): DOB : r-]~fchecked, you are required to enroff the child(ten) identified above in any health insurance coverage available through the empioyee's/obfigor's employment. Case Number lame Attachment Amount $ o.oo ~)'s Name(s): DOB : . : · : : d, you are required to enroll the child(ten) 3ve in any, health in, surance coverage available ~mployee s/obligor s employment. PACSES Case Number Pbintiff Name Docket Attachment Amount $ o.oo Chiid(mn)'s Name(s): DOB ... [] If checked, you are required to enroll the child(ten) identified above in any health insurance coverage available through the empfoyee's/obligor's employment. M Addendum Form EN-028 Worker )D $IATT NATHAN K. SYBRANDT, Plaintiff/Respondent IrS. RACHELLE D. SYBRANDT, Defendant/Petitioner DR 30426 PACSES ID 854103042 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION CIVIL ACTION ~ LAW NO. 01-244 CIVILTERM ORDER OF COURT AND NOW, this 6th day of March, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,049.27 per month and Respondent's monthly net income/earning capacity is $2,964.57 per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $352.00 per month payable monthly as follows; $312.00 per month for alimony pendente lite and $40.00 per month on arrears. First payment due within ten days upon receipt of this order in the amount of $312.00. Arrears set at $624.00 as of March 6, 2001. The effective date of the ordo- :-'" ruary 2, 2001. Failure to make each payment ~)~0~ {r~eLS// all arrears to become subject to immediate collection by all of the met 3703. Further, if the Court finds, after hearing, that the Responde~ the Respondent in civil contempt of Cc but not limited to, commitment of the iR y with this Order, it may declare appropriate Order, including, id not to exceed six months. Said money to be turned over by .~ ,o: Kachelle D. Sybrandt. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 'ayments must include the defendant's PACSES Member Number or Social Security Number in rder to be processed. Do not send cash by mail. Respondent to provide medical insurance coverage for Wife. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand before the Court. with the Prothonotary for a hearing de novo DRO: R. J. Shadday Mailed copies on PetitiOner Respondent Marilyn Zilli, Esquire Max Smith, Jr., Esquire BY THE COURT, J. NATHAN K. SYBRANDT, Plaintiff/Respondent VS. RACHELLE D. SYBRANDT, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 01-244 CIVIL TERM IN DIVORCE DRg 30426 Pacses# 854103042 DEMAND FOR HEARING DATE OF ORDER: March 6, 2001 AMOUNT: $312.00 per month plus $40.00 per month on arrears FOR: Alimony Pendente Lite REASONS): The hearinq officer assiqned an ~rming ~apao~y kn W~m of $7.50 per hour. Medical evidence now shows that Wife may be incapable of holding any employment. She should therefore be assigned a $0 earning capacity which would result in an adjustment of the Order. PARTYFIL~GDEMANDFORHEARING: Attorney for Petitioner Date NATHAN K. SYBRANDT, Plaintiff RACHELLE D. SYBRANDT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-244 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR BILL OF PARTICULARS TO THE PROTHONOTARY: Enter a rule on Plaintiff, Nathan K. Sybrandt, to file a Bill of Particulars within 20 days at, er Service of the Rule, or suffer a judgment of non pros, particularizing the grounds for divorce, specifically: 1. 2. prodding dates, times and places where/when the alleged indignities took place; describing in detail the specific acts alleged to have been committed by Defendant; specifying witnesses, if any, to this conduct. Attorney for Defendant AND NOW, this RULE day of May, 2001, a Rule is entered on the Plaintiff as above. Prothonotary NATHAN K. SYBRANDT, Plaintiff/Respondent VS. RACHELLE D. SYBRANDT, Defendant/Petitioner DR 30,426 PACSES ID 854103042 : IN THE COURT OF COMMON FLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION : CIVIL ACTION ~ LAW : : NO. 01~244 CIVIL TERM MODIFIED ORDER OF COURT AND NOW, this 7t~ day of May, 2001, based upon the Court's determination that Petitioner's monthly net income/earning capacity is SN/A per month and Respondent's monthly net income/earning capacity is SN/A per month, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $600.00 per month payable monthly as follows; $572.00 per month for alimony pendente lite and $28.00 per month on arrears. Arrears set at $658.22 as of May 7, 2001. The effective date of the order is May 1, 2001. This order is based upon an agreement of the parties through their counsel and Wife withdrawing her request for a heating de novo. Husband is to make payment of $28.00 per month on the retroactive arrears. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after heating, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Rachelle D. Sybrandt. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Respondent to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Respondent shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, of: I) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday Mailed copies on 5'~q~l to: < Petitioner Respondent Max Smith, Jr., Esquire Marilyn Zilli, Esquire BY THE COURT, ORO . NOT,C TO W,T..O'O ,NCO EOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of C~U~D Date of OrdeffNotice 05/07/0~ Cog~Case Number (~ Ad~en~um tot case summary) Employer/Withholder's Federal BIN Number PENN NATIONAL GA~ING INC Employer/~/ithho~der' s Name 825 BERKSHIRE BLeD EmployerAZVithholder' s Address W'YOMISSING PA 19610-1247 O Original Order/Notice (~ Amended Order/Notice C) Terminate Order/Notice ) RE: SYB~%TDT, NAT~L"~.~ K. Employee/Obligods Name (Last, First~ MI) 177-68-0083 Employee/Obligor's Social Security Number 3655100690 Employee/Obiigor's Case Identifier (See Addendum for plaintiff names as$odated with cases on attaobment) Custodial Parent's Name/Last~ First, MD See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. 0y law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 572.00 per month in current support $ 28.00 per month in past-due support Arrears 12 weeks or greater? C)yes ~) no $ o. 00 per month in medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 600. O0 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 138.46 per weekly pay period. $ 276.92 per biweekly pay period (every two weeks). $ 300.00 per semimonthly pay period (twice a month). $ 600.00 per monthly pay period. REMITTANCE INFORMA T/ON: YOU must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See ~ on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/ObfiBor's Case Identifier) OR SOCIAl SECURITY NUMBER IN ORDER TO I~E PROCESSED. DO NOT SEND CASH 8Y MAIL. .7.~ ~ BYTH[ COURT: xc: ~t S'~ ~ Date of Orfler: ~y 8, 2~1 Se~ice Type M omsno.:ogro-o~sa Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there am Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from mom than one empfoyee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately idenfi~ the portion of the single payment that is attributable to each empfoyee/obligoc Report;ny the Paydate/Date of Withholding. You n,u~t r~po,'~ the payda~/dat~ uf withholding ~vhen sending tile paymeut The p~Jate/date o/w;thhold;ng ;s the date oil whirl, anlount w'a~ w;thheld from the empfoyec's wa.~. You must comply with the law of the state of the empioyee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. Employee/Obligor with Multiple Support Holdings: If there is mom than one Order/Notice to Withhold Income for Support against this employee/obligor and you am unable to honor all support Order/Notices due to Federal or Sate withholding limits, you must follow the law of the state of empJoyee's/obligor's principal place of employment, You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WI/HHOLDER'S ID: 2322344730 EMPLOYEE'S/OgLJGOR'S NAME: SYBRANDT, NATHAN K. EMPLOYEE'S CASE IDENTIFIER: 3655100690 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact tile person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the empfoyee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania Sta~ law governs unless the obligor is employed in another State, in which case tile law of the State in which he or she is employed governs. 8. Anti-discriminatiom You are subject to a fine determined under State law for discharging an employee/obligor from employment, refosJng to employ, or taking disciplinary action against any employee/obligor because of a support withholding, Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she [s employed governs. 9.* Withholding Limits: You may not withhold mom than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (1 S U.5.C. ~1673 lb)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, focal taxes; Social Security taxesi and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency: POMESTIC RELATIONS SECTION P.O, BOX 320 CARLISLE PA 1 7013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at .(_717) 240-6225 or by FAX at (71 ?) 240-6248 or by Intemet Page 2 of 2 Form EN-028 Service Type M Worker IO $IATT ADDENDUM Summary of Ca~es on Attachment Defendant/Obligor: SYBRANDT, NAT?L~N K. PACS£$ Case Number Plaintiff Name RACHELL~ D. ~YB~T Docke~ A~chment Amount 01-244 CIVIL $ 600.00 ~ ff checked, you are required to eoroll the child(mn) identified above in any hea~th insurance coverage available through the empJoyee'~ob;~gor's PACSE$ Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(reel's Name(s): DOg J~]lf checked, you are required to enroll the child(mn) identified above in any health insurance coverage available through the emp]oyee's/obfigor's employment. PACSE$ Case Number Plaintiff Name Docket Attachment Amount $ 0.00 ChiJd(ren)'s Name(s): DO8 J'-Jlf checked, you are required to enroll the child(ten) identified above in any, health insurance coverage available through the employee s/obligor's employment. PACSE$ Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child{reel's Name(s): DOI~ [] If checked, you are required to enroll the child(mn) identified above in any health in, surance coverage available through the employee's/obligor s employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ o.oo Child(reel's Name(s): DOB [] If checked, you are required to enroll the ch/Id(mn) identified above in any, health in, surance coverage available through the employee s/obligor s employment. PACSES Case Number Plaintiff Name Docket Atlachment Amount $ o.oo CbiJd(ren)'s Name(s): DOB [] If checked, you are required to enroll the child(mn) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT NATHAN K, SYBRANDT, Plaintiff VS, RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 2001~244 Civil Term CWIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAWER OF COUNSELING 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. i verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to NATHAN K. SYBRANDT, Plaintiff VS. RACHELLE D. SYBRANDT, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-244 Civil Term : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE unsworn falsification to authorities. Date: 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose fights 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 NATHAN K. SYBRANDT~ : Plaintiff : VS. : R_ACHELLE D. SYBR_A_NDT, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY~ PENNSYLVANIA NO. 01 - 244 CIVIL IN DIVORCE ORDER OF COURT 2002, the economic claims raised in the proce~ings ha~zing been resolved in accordance with a marital settlement agreement dated December 5, 2001~ the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. CC: Max J. Smith, Jr. Attorney for Plaintiff BY THE COURT~ Rachelle D. Sybrandt ~ ~ /~z~om Defendant ~ MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this %4 ;, day of ~-:,~c, ~,~ ~, - ,2001, by and between RACHELLE D. SYBRANDT (hereinafter called "Wife") and NATHAN K. SYBRANDT (hereinafter called "Husband"). W1TNESSETH: WHEREAS, Husband and Wife were married on May 21, 1999; and WHEREAS, There have been no children born of this marriage; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rip, ars and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marri~fge, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. IN;rERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by r?son of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts, and all medical bills, presently in Wife's naine alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and ail claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for pa.vment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustaLn, including attorney fees, as a result of any default in payment by Husband. 5. EOUITABLE DISTRIBUTION. 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 division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. 2 Husband and Wife boluntarily 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. 6. DIVISION OF PERSONAL PROPERTY, ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal.property which have heretofore been used by them in common. The parties expresslT~ agree that Wife shall be entitled to exclusive ownership of the 2001 Subaru currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Husband agrees to be solely responsible for payment of the balance of the loan thereon to PSECU in the approximate amount of $16,825.00, and shall indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. Wife agrees to be solely responsible for payment of all other expenses affecting such vehicle. Wife agrees to indemnify, reimburse and save harmless, and forever defend Husband from any loss he may sustain, including attorney fees, as a result of any defanlt in payment by Wife. Husband shall be entitled to exclusive ownership of the 1995 Buick currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify, reimburse and save harmless and forever defend Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, within fifteen (15) days upon request of either party. 7. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is 3 hereby specifically 'agreed that Husband and Wife each shall forever ,relinquish to the other his or her ri~ght, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which Husband is entitled through his employment with Penn National Gaming. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 8. ALIMONY. Husband shall pay directly to Wife the sum of $775.00 per month as alimony, commencing October 1, 2001, and continuing on or before the first day of each month thereafter for a period of twenty (20) months, at which time it shall terminate. Thus, the Order for alimony pendente lite dated March 6, 2001 in the Court of Common Pleas of Cumberland County shall terminate effective September 30, 2001. Husband's obligation for alimony shall terminate in the event of Wife's death or remarriage. Alimony shall otherwise not be subject to modification by either party. For income tax purposes, alimony specifically shall be a deductible expense for Husband and includable as income for Wife. The parties acknowledge that the alimony provision set forrlx herein may be payable and enforced through the Domestic Relations Office of Cumberland County or any other court having appropriate jurisdiction upon request of either party. 9, WIFE'S AUTOMOBILE ACCIDENT. Husband hereby waives any and all claims to an award secured by Wife as a result of the lawsuit she filed because of her automobile accident in August 2000. Husband agrees to sign any releases required by Wife's attorney in that lawsuit as well. 10. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 4 11. HEALTH INSURANCE. Husband agrees to maintain health insurance coverage on behalf of Wife until such time as a final decree in divorce has been issued. Post-divorce, Husband shall cooperate with Wife's efforts to obtain health insurance under the COBRA law. 12. FINANCIAL DISCLOSURE. The parties acknowledge that each has disclosed to the other the full extent of his or her income, assets, liabilities, holdings and estates and that, in reliance on the full disclosure, each forever waives any right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provisio~ for one or the other of them. 13. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 14. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. Husband shall be responsible for finalizing the divorce, and shall provide Wife with a certified copy of the final decree in divorce after it has been issued by the court. 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, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 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, including Deeds and other real estate-related documents, titles, pension documents, 5 or other documents that may be reasonably required to give full force, 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 Husband by Max J. Smith, Jr., Esquire, attorney for Husband. 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 duress or undue influence. 18. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may d{spose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or furore laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 19. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. When a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties a~ee to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the ]parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjust.ed to the extent necessary to conform to this Agreement. 20. ENT1P, E 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. 21. MODIFICATION AND WAIVER. A modification or waiver o,f any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agre&ment. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 22. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. iRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property distribution and alimony provisions set forth in the herein Agreement are IRREVOCABLE, except as provided herein, and that such distribution and alimony provisions shall not be affected by any future change in circmnstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. 7 IN WITNESS WHEREOF, the parties have hereunto set their hands and.seals the day a~e, ar first above written. ~ WITNESS b/ ,/ WN-ATHAN K. 5,jFBRANDT 8 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION RACHELLE D. SYBRANDT Plaintiff VS. NATHAlq K. SYBRANDT Defendant ) Docket Number ) ) PACSES Case Number ) ) Other State ID Number 01-244 CIVIL 854103042 /D30426 ORDER AND NOW, to wit, on this 20TH DAY OF MARCH, 2002 IT IS HEREBY ORDERED that the support order in this case be C) Vacated or C) Suspended or (~) Terminated without prejudice or C) Terminated and Vacated, effective OCTOBER 10, 2001 , due to: TH~ PARTIES' MARITAL BETTLEMENT AGREEMENT OF DECEMBER 5, 2001. DRO: RJ Shadday xc: plaintiff defendant Max Smith, Esquire Marilyn Zilli, Esquire BY THE COURT: JUDGE Form OE-504 Service Type M Worker ID 21005 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of ~R~ Date of Order/Notice 03120102 /~,,~,~) Court/Case Number (See Addendum for case summary) O Original Order/Notice O Amended Order/Notice (X~) Terminate Order/Notice £mployer/Withholder's Federal EIN Number PENN NATIONAL GAMING INC Em ployer/~Vithholde r's Name Em ployerA, Vith holder's Address 825 BERKSHIRE BLVD NYOMISSING PA 19610-1247-99 ) RE: 8YBRANDT, NATF~N K, Employee/Obligor's Name (Last, First, MI) 177-68-0083 Employee/Obligor's Social SecurJb/Number 3655100690 Fmployee/Obligor's Case Identifier (See Addendum for plaintiff names a~s~iated with cases on attao';ment) Custodial Parent's Name (Last, First, MJ) See Addendum for dependent names and birth dates associated with cases on attachment. )RD£R INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support 'om CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these mounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not ;sued by your State. 0. o0 per month in current support 0. o0 per month in past-due support Arrears 12 weeks or greater? C)yes (~ no o. o0 per month in medical support o. o0 per month for genetic test costs per month in other (specifl/) r a total of $ o. oo per month to be forwarded to payee below, )u do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match e ordered support payment cycle, use the following to determine how much to withhold: o. OO per weekly pay period. 0. oo per biweekly pay period (every two weeks). 0.0o per semimonthly pay period (twice a month). o. OO per monthly pay period. MITTANCE INFORMATION: u must begin withholding no later than the first pay period occurring ten (10) working days after the date of this der/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to Juct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the ~ allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's Iregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is ;ded (See #9 on pg. 2). ~mitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer itomer Service at 1-877-676-9580 for instructions. tke Remittance Payable to: PA SCDU ~d check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 ~DDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown ye as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. NOT SEND CASH BY MAIL. BY THE COURT: ~;~._ ~]~. ~=;=:~ ~ ~ / / ~ Form EN-028 ice Type M ~-~ 'D~ "~;ration Oate: 12a1~0 ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. ~.ral tax levies in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting ~cy listed below. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment ch agency mcluesting withholding. You must, however, separately identify the portion of the single payment that is attributable to empJoyee/obligor. ReportingthePas, dateJDateofWithholding: You must r~porttFre~paydate/dateofwithholdir~when ~endingthel~ayrnent TI're ~te/date of withhold;ng is the~ateon which amount was withheld f,t,m the~employee's wages. You must comply with the/aw of the the employee's/obi/gods principal place of employment with respect to the time periods within which you must implement the olding order and forward the support payments. Employee/Obligor with Multiple Support Holdings: if there is more than one Order/Notice to Withhold Income for Support t this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must the law of the state of employee'~/obligor's principal place of employment. You must honor al/Orders/Notices to the greatest possible. (See #9 below) Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for lease provide the information requested and retum a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 2322344730 EMPLOYEE'S/OBLIGOR'S NAME: SYBR3%NDT, NATI-IAN K. EMPLOYEE'S CASE IDENTIFIER: 3655:].00690 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or :e pay. If you have any questions about lump sum payments, contact the person or authority below. Liability: ]f you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should theld from the employee/obiigor's income and other penalties set by Pennsylvania State ]aw. Pennsylvania State law governs ~ obligor is employed in another State, in which case the law of the State in which he or she is employed governs. ~,nti-discrimination: You are subject to a fine determined understate law for discharging an employee/obligor from mt, refusing to employ, or taking disciplinary action against any employee/ob/igor because of a support withholding. nia State law govems unless the obligor is employed in another State, in which case the law of the State in which he or she is governs. /ithholding Limits: You may not withhold more than the lesser of.' 1 ) the amounts allowed by the Federal Consumer Credit Act (15 U.S.C. § 1673 (b) I; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. I limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory such as: State, Federal, local taxes; Social Secudty taxes; and Medicare taxes. : you or your agent are served with a copy of this order in the state that issued the order, you are to follow the state that issued this order with respect to these items. ng Agency: -~STIC RELATIONS SECTION HANOVER ST OX 320 ~LE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by Interne~ @ ~ M Page 2 of 2 OMB NO,: 0970~)154 Form EN~028 Worker ID 21005 NATHAN K. SYBRANDT, Plaintiff RACHELLE D. SYBRANDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2001-244 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and maturer of service of the complaint: By certified mail on January 19, 2001. 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 December 5, 2001 ; by Defendant January 2, 2002 (b)(1) Date of execution of the Plaintiff's affidavit reqtdred by Section 3301 (d) of the ; (2) date of service of the Plaintiffs affidavit upon the Divorce Code: Defendant: 4. Related claims pending: None ( ) Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~ day of ~t~ec ~ ,~ca2x ,2001, by and between RACHELLE D. SYBRANDT (hereinafter called "Wife") and NATHAN K. SYBRANDT (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on May 21, 1999; and WHEREAS, There have been no children born of this marriage; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1, SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his. estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts, and all medical bills, presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indenmify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. EOUITABLE DISTRIBUTION. Husband and Wife acknowledge 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 division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. 2 Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital 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. 6. DIVISION OF PERSONAL PROPERTY, ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accoums, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 2001 Subaru currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Husband agrees to be solely responsible for payment of the balance of the loan thereon to PSECU in the approximate amount of $16,825.00, and shall indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. Wife agrees to be solely responsible for payment of all other expenses affecting such vehicle. Wife agrees to indemnify, reimburse and save harmless, and forever defend Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the 1995 Buick currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indenmify, reimburse and save harmless and forever defend Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, within fifteen (15) days upon request of either party. 7. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other. Specifically included herein are all benefits to which Husband is entitled through his employment with Penn National Gaming. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 8. ALIMONY. Husband shall pay directly to Wife the sum of $775.00 per month as alimony, commencing October 1,2001, and continuing on or before the first day of each month thereafter for a period of twenty (20) months, at which time it shall terminate. Thus, the Order for alimony pendente lite dated March 6, 2001 in the Court of Common Pleas of Cumberland County shall terminate effective September 30, 2001. Husband's obligation for alimony shall terminate in the event of Wife' s death or remarriage. Alimony shall otherwise not be subject to modification by either party. For income tax purposes, alimony specifically shall be a deductible expense for Husband and includable as income for Wife. The parties acknowledge that the alimony provision set forth herein may be payable and enforced through the Domestic Relations Office of Cumberland County or any other court having appropriate jurisdiction upon request of either party. 9. WIFE'S AUTOMOBILE ACCIDENT. Husband hereby waives any and all claims to an award secured by Wife as a result of the lawsuit she filed because of her automobile accident in August 2000. Husband agrees to sign any releases required by Wife's attorney in that lawsuit as well. 10. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 4 11. HEALTH INSURANCE. Husband agrees to maintain health insurance coverage on behalf of Wife until such time as a final decree in divorce has been issued. Post-divorce, Husband shall cooperate with Wife's efforts to obtain health insurance under the COBRA law. 12. FINANCIAL DISCLOSURE. The parties acknowledge that each has disclosed to the other the full extent of his or her income, assets, liabilities, holdings and estates and that, in reliance on the full disclosure, each forever waives any right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 13. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 14. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. Husband shall be responsible for finalizing the divorce, and shall provide Wife with a certified copy of the final decree in divorce after it has been issued by the court. 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, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 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, including Deeds and other real estate-related documents, titles, pension documents, 5 or other documents that may be reasonably required to give full force 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 Husband by Max J. Smith, Jr., Esquire, attorney for Husband. 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 duress or undue influence. 18. WAIVER OF CLAIMS AGA1NST ESTATE. 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 or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other' s estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 19. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. When a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 20. 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. 2 I. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement, shall not be construed as a waiver or any subsequent default of the same or similar nature. 22. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property distribution and alimony provisions set forth in the herein Agreement are IRREVOCABLE, except as provided herein, and that such distribution and alimony provisions shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and.seals the day F"~ffrkvear first above written. WITNES77 YAN~/T ~A N K.~B~RAN~/DTf~' 8 STATE OF ,~ PENNA. ..NAT~AN_K...SYBRAN~T~ Vel'sus _.RA~.~EL~ D, SYBRAND~* .... Defendan.~ No...g.99~g.4~ ................. 19 DECREE IN DIVORCE AND NOW .... ~.n.~.~.~.¥ ..... ~...~. ........ *g .20.0.2, it is ordered and decreed that .......... N~T~N..K.. SZ~R~NnT .................. plaintiff, and ..............~,.~¢~.~Ik .~... $~.~.~ .................... 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: .~r~.~. ~.~l~enL Agr~e~L .dat~ .5. D.ecemb.e~. 20.~1,. i.s .her. eb¥, .inc~xEporated. into. ~he. Final. Divorce. Degree ........................