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HomeMy WebLinkAbout10-3347 ZOlO ~~ ~ ! 9 fit,' 9~ a' r~~tii`~`r'i 1,,'~~i ERIKA L. SLATER, :1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ~Q. 3 3 ~/ ~ c~v ~ ~ ~tfrt KEVIN P. SLATER, :CIVIL ACTION - AT LAW - IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce, or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 ~ 3 s~-- Q U ~.Ca.~r ck ~ la i~ ~. ~' ~.ya- 3.~~ ERIKA L. SLATER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. /0 - ~ 3 y 7 c ~v ~ / -j-c ~~ KEVIN P. SLATER, :CIVIL ACTION - AT LAW -1N DIVORCE Defendant DIVORCE COMPLAINT The Plaintiff, Erika L. Slater, through her attorney, Marlin L. Markley, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Erika L. Slater, is an adult individual who currently resides at 103 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Kevin P. Slater, is an adult individual who currently resides at 103 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on Apri14, 1998, in Lancaster, Lancaster County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. WHEREFORE, the Plaintiff, Erika L. Slater, respectfully requests this Honorable Court to enter a decree of divorce in this matter. Date: ~- ~ ~ ~ Z `~~ ~ Respectfully -~~ Marlin L. M ey, Jr., Esquire 3920 Marke Street, Suite 303 Camp Hill, ennsylvania 17011 ID# 84745 Tel. (717) 635-9538 ERIKA L. SLATER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. KEVIN P. SLATER, :CIVIL ACTION - AT LAW -1N DIVORCE Defendant : VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. ,-- Date: ~ I ~ I ~ Signature: Erika L. ate, ERIKA L. SLATER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 10 - 3347 KEVIN P. SLATER, :CIVIL ACTION - AT LAW - IN DIVn E "3 n Defendants Z POSTNUPTIAL AGREEMENT" THIS AGREEMENT by and between ERIKA L. SLATER, of Enola, Cumberland County, Pennsylvania, hereinafter referred to as Wife; and KEVIN P. SLATER of Enola, Cumberland County, Pennsylvania, hereinafter referred to as Husband, WITNESSETH THAT: WHEREAS, Husband and Wife were married on April 4, 1998, in Lancaster, Pennsylvania; and WHEREAS, both Husband and Wife are bona fide residents of the Commonwealth of Pennsylvania and have been for at least the past six months; and WHEREAS, certain differences have arisen between the parties hereto and, as a consequence, they have ceased living as Husband and Wife; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, make an equitable distribution of their marital property, and determine their rights to alimony, support, and all other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, and the parties now wish to have that agreement reduced to writing; and 1 WHEREAS, in preparing this Agreement and negotiations contemporaneously therewith, Wife was represented by Marlin L. Markley, Esquire, and Husband, cognizant of his right to legal representation, declares that it is his express, voluntary and knowing intention not to avail himself of his right to counsel and chooses instead to represent himself with respect to the preparation and execution of this Agreement; and NOW THEREFORE, the parties, in consideration of the mutual promises set forth hereinafter, and for other good and valuable consideration, intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: ARTICLE I - SEPARATION 1.1 SEPARATION. It shell be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either party of the lawfulness of the causes leading to them living separate and apart. 1.2 EFFECT OF RECONCILIATION. This Agreement shall not be deemed to have been waived or otherwise affected by a reconciliation, cohabitation, or resumption of marital relations between the parties. The parties shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed, and acknowledged in the same manner as this Agreement. ARTICLE II - DIVORCE 2.1 DIVORCE ACTION. This Agreement is not predicated on divorce. Notwithstanding the foregoing, it is, in fact, agreed and acknowledged between the parties that Wife has filed a divorce action against Husband, and that both parties agree, as a condition to this agreement, to execute the necessary divorce consents required by Section 3301(c) of the Divorce Code, including the Waiver of Notice of Intent to Transmit Divorce Decree, so as to promptly finalize said action. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever 2 be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 FINAL RESOLUTION. It is further specifically understood and agreed that the provisions of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2.3 INCORPORATION OF AGREEMENT INTO DECREE. It is specifically agreed that a copy of this Agreement shall be incorporated by reference into any divorce, judgment or decree if or whenever sought by either of the parties hereto. Such incorporation, however, shall not be regarded as a merger, it being the intent of the parties to permit this Agreement to survive any such judgment or decree. ARTICLE III - EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 CRITERIA OF DISTRIBUTION. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; and the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective. 3.2 SATISFACTION OF RIGHTS OF EQUITABLE DISTRIBUTION. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of parties. 3 3.3 RELINQUISHMENT OF CLAIMS. Husband agrees to relinquish all claims to any assets that may be acquired by Wife prior to the finalized divorce decree, and Wife agrees to relinquish all claims to any assets that may be acquired by Husband prior to the finalized divorce decree, except as may be otherwise set forth herein. 3.4 MARITAL RESIDENCE LOCATED AT 103 SGRIGNOLI LANE, ENOLA, PENNSYLVANIA. The marital residence located at 103 Sgrignoli Lane, Enola, Pennsylvania, is to be listed for sale immediately and sold at fair market value. All costs and expenses associated with the sale are to be divided equally between the parties. The proceeds remaining for the seller (the parties) from the sale of the residence shall be used to pay the full balance of the following debts: a) Visa account with Capitol One in the name of Kevin and Erika Slater, with an approximate balance of $18,500.00;and b) American Express account number xxxx-xxxx-xxxx-0104 in the name of Kevin and Erika Slater, with an approximate balance of $12,500.00; The remaining seller proceeds shall be divided equally between the parties. 3.5 PERSONAL PROPERTY. The parties have already divided the personal property to their mutual satisfaction. Each party hereby waives their rights to any property in the possession of the other. 3.6 RETIREMENT. Each party has certain pension and retirement accounts which shall become the sole and separate assets of the party in whose name they were titled. This includes, but is not limited to, pension, individual retirement accounts, 401(k) and otherwise. Each party hereby relinquishes any right, title, interest or claim they may have in and to the retirement assets of the other, with the only exception being in the following paragraph. Wife and Husband shall each become the owners of 50% of the value of Wife's Highmark 401(k) plan at the time of distribution of said plan pursuant to a Qualified Domestic Relations Order (QDRO). It is anticipated that a QDRO will be entered by the Court in the next few months. It is understood that Wife has represented that she has not made any withdraws from her 401(k) plan since May 19, 2010, and that she will not make any withdraws in the future up until the time of distribution of the 401(k) assets pursuant to a QDRO. After said distribution, Husband and Wife are free to do what they want with their share of the 401(k) assets. 3.7 VEHICLES. With respect to the vehicles owned by one or both of the parties, or the trade in value thereof if the vehicles have been sold or traded in prior to the date of this Agreement, the parties agree as follows: a. Wife's Vehicles: 2005 Nissan Titan shall be the sole and separate property of Wife. b. Husband's Vehicles: 2001 Ford Harley Davidson Super Crew (F-150) shall be the sole and separate property of Husband. c. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade in value thereof if it had been sold or traded in prior to the date of this Agreement. d. Transfer of Titles: 'The title to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered. to the proper party on the distribution date. e. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. f. Liens: In the event any Vehicle is subject to a lien or encumbrance the party receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefore and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. g. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. ARTICLE IV - DEBTS OF THE PARTIES 4.1 MARITAL DEBT. All marital debt is listed in paragraph 3.4 and shall be satisfied as stated in paragraph 3.4. 4.2 SPECIFIC OUTSTANDING DEBTS OF HUSBAND. Husband agrees to accept sole responsibility for, and to hold Wife free and harmless from any and all liability which may arise from any account or debt that is solely in Husband's name. 5 4.3 SPECIFIC OUTSTANDING DEBTS OF WIFE. Wife agrees to accept sole responsibility for, and to hold Husband free and harmless from any and all liability that may arise from any account or debt that is solely in Wife's name. ARTICLE V - ALIMONY AND SUPPORT 5.1 WAIVER OF ALIMONY. Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, and spousal support. ARTICLE VI - MISCELLANEOUS PROVISIONS 6.1 ATTORNEYS FEES UPON BREACH. Each of the parties agrees that should either of them be in breach of contract and fail to comply with the terms of the Agreement herein the breaching party shall be responsible for all court costs and attorney fees reasonably necessary to enforce the Agreement. 6.2 ADVICE OF COUNSEL. The parties acknowledge that they have been given full and fair opportunity to consult legal counsel regarding the legal effect of this agreement. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that is not the result of any collusion or improper or illegal agreement or agreements. 6.3 LEGAL FEES. Husband and Wife agree to be responsible for their respective legal fees. 6.4 CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by the respective parties. 6.5 MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right:, title, interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other, or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower, curtesy, or claims in the nature of dower, curtesy, widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right: to treat a lifetime conveyance by the other as testamentary, or any other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United States, or (c) any country. The parties further release any claim to all rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give each other by execution of this Agreement a full, complete and general release with respect to any and all property of any kind of nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise raider this Agreement or for the breach of any thereof. Both parties acknowledge that they have been advised that each may have the right to assert a claim for spousal support, alimony, alimony pendente lite, attorneys fees, costs and/or expenses. Except as otherwise provided herein, each party hereby waives any right to such economic claims ancillary to the divorce and accepts the provisions of this Agreement relating to these claims as a final settlement for all purposes, as contemplated by the Pennsylvania Divorce Code. 6.6 WARRANTIES. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligations for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenants, represent and agree that each will, now at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.7 MODIFICATION. No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties, and no waiver of any enforcement claims for breach or default shall be deemed a waiver of any subsequent default of the same or similar nature. 7 6.8 DOCUMENT EXECUTION. The parties agree that they will promptly execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 6.9 GOVERNING LAW. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the execution date of this Agreement. 6.10 BINDING. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 6.11 ENTIRE AGREEMENT. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.12 SEVERABILITY. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections shall in no way void or alter the remaining obligations of the parties. The parties expressly represent that the headings of each paragraph are solely for purposes of convenience and are not to be construed as controlling. 6.13 EQUITABLE DIVISION. It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.14 DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. a. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. b. Each party hereby acknowledges that this Agreement is fair and equitable, that It adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. c. Husband and Wife hereby waives the following procedural rights: i. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. ii. Income and expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of Court. iii. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the Court. iv. Determination of Marital and Non-Marital Property: The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital. v. Other Rights and Remedies: The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs 6.15 ENFORCEABILITY AND CONSIDERATION. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties, and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to 9 the other. The adequacy of the consideration for all agreements herein contained and stipulated, confessed and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year written. 16 1 Kevin P. later Date Erika L. Slater ? Date 10 COMMONWEALTH OF PENNSYLVANIA Commonwealth of Pennsylvania: NOTARIAL SEAL : SS MICHAEL McCORKLE, Notary Public County of Camp Hill Boro, Cumberland County M Ct?rtlmiSSiOn FXDires Dec. 9, 2011 PERSONALLY APPEARED BEFORE ME, this `_> day of 1` 2010, a notary public, in and for the Commonwealth of Pennsylvania, Kevin P. Slater, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public Commonwealth of Pennsylvania: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SS MICHAEL McCORKLE, Notary Public County of ?'.,, ?, ?• ..1 : Camp Hill Boro, Cumberland County My COMMj%gj?tr? €xpires Dec. 9, 2011 PERSONALLY APPEARED BEFORE ME, this day of 7 , 2010, a notary public, in and for the Commonwealth of Pennsylvania, Erika L. Slater, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF,1 have hereunto set my hand and official seal. Notary Public 11 ERIKA L. SLATER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 3347 G KEVIN P. SLATER, CIVIL ACTION - AT LAW - IN DICE Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 19, 2010. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Date: Q// 10 Signature: Erika L. Slater ERIKA L. SLATER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNS?;LVA 41A;=? vs. : No. 10 - 3347 min - +T` KEVIN P. SLATER, CIVIL ACTION - AT LAW - IN Dl?C?1RCF, Defendant = C Y .c PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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. 4. 1 verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: q ? Signature: la I Erika L. Slater ERIKA L. SLATER, : IN THE COURT OF COMMON PLE 01?--;F Plaintiff :CUMBERLAND COUNTY PENNS`YtVA .. ! -auO vs. : No. 10 - 3347 3 KEVIN P. SLATER, : CIVIL ACTION - AT LAW - IN DI CC: ,• Defendant Z DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 19, 2010. 2. 'The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. l consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. r Date: ?r ! ??? Signature: ERIKA L. SLATER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 3347 KEVIN P. SLATER, CIVIL ACTION - AT LAW - IN DIV Ctn; Defendant rn `C 6 DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 5 - ° UNDER SECTION 3301(c) OF THE DIVORCE CODE mac.,, 1. I consent to the entry of a final decree of divorce without notice. 2. 1 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. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. i Date: Signature: Kevin P. Slater ERIKA L. SLATER, Plaintiff VS. KEVIN P. SLATER, : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - 3347 : CIVIL ACTION - AT 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: Ground for Divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: First class U.S. mail. Defendant Kevin P. Slater, accepted service of the Complaint on May 27, 2010. The signed Acceptance of Service was filed with the prothonotary's office on June 2, 2010. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff September 1, 2010 by the Defendant September 1, 2010 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; Date of filing of the Plaintiffs affidavit: ; Date of service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: None 5. ;'. (a) Date and manner of service of the Notice of Intention to File u, `"- ° n D <, Praecipe to Transmit Record, a copy of which is attached, ; (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was Z filed with the Prothonotary: filed simultaneously w/Praecipe. Date Defendant's Waiver of Notice in § 3301(c) Divorce was v filed with the Prothonotary: filed simultaneously w/Praeci_pe . Date: September 7, 2010 Marlin.L arkley, Jr.;-Esquire 3920 M et Street, Suite 303 Camp H 1, Pennsylvania 17011 ID# 847 5 Tel. (717) 635-9538 Erika L. Slater V. Kevin P. Slater IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 3347 CIVIL DIVORCE DECREE Q' ~~: Ss ~.~ . AND NOW, ~ V ~~ ~ , it is ordered and decreed that Erika L. Slater plaintiff, and Kevin P. Slater ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. R • to -to C~-~-. pop ~. ma:~ (~ -~ A-H-~. Mo~,~k,~~ q • (0 • (O /Uofi c~ rv~ I~ec~ ~ ~-f-~- OF TFIL OFFICE 2010 DEC - ? AM 9: 4 4 ERIKA L. SLATER, CUMBERLAND CO COURT OF COMMON PLEAS OF Plaintiff PENNSYLVANIAMERLAND COUNTY, PENNSYLVANIA vs. No. 10 - 3347 Civil KEVIN P. SLATER, CIVIL ACTION - AT LAW - IN DIVORCE Defendant MOTION FOR ENTRY OF ODRO AND NOW comes the above-named Plaintiff, Erika L. Slater, by her attorney, Marlin L. Markley, Jr., Esquire, and moves the court for entry of a Qualified Domestic Relations Order in the form as attached hereto, and in support thereof avers: 1. The Plaintiff, Erika L. Slater, is an adult individual currently residing at 103 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Kevin P. Slater, is an adult individual currently residing at 103 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff filed a divorce complaint in Cumberland County, Pennsylvania, on May 19, 2010. 4. The economic issues in this case were resolved with a Martial Settlement Agreement signed by the parties on August 25, 2010, and filed with the Court on September 7, 2010. 5. The attached Stipulated Qualified Domestic Relations Order ("QDRO") was determined by the Plan Administrator to constitute a qualified domestic relations order in accordance with Section 206(d)(3) of the Employee Retirement Security Act of 1974. 6. Defendant concurs with this motion as indicated by the attached and signed stipulated qualified domestic relations order. 7. The Honorable Edward E. Guido signed the Decree in Divorce on September 8, 2010. WHEREFORE, Plaintiff, requests the Court to approve and sign the Stipulated Qualified Domestic Relations Order that has been signed by the parties counsel. /Marlin.. arkley, Jr., Esquire 3920 M *et Street, Suite 303 Camp 1, Pennsylvania 17011 Date: November 29, 2010 ID# 84145 Tel. (717) 635-9538 ERIKA L. SLATER, Plaintiff vs. KEVIN P. SLATER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - 3347 Civil CIVIL ACTION - AT LAW - IN DIVORCE ATTORNEY VERIFICATION The undersigned attorney hereby verifies and states that: 1. He is the attorney for Plaintiff Erika L. Slater; 2. He is authorized to make this verification on her behalf; 3. The facts set forth in the foregoing Motion for QDRO are known to him and not necessarily to his client; 4. This verification is intended to expedite the litigation; 5. A verification of the client will be supplied if demanded; 6. The facts set forth in the foregoing Motion for QDRO are true and correct to the best of his knowledge, information, and belief; and 7. He is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. kley, Jr., Esquire / Mazlif 3920 treet, Suite 3 03 Camp nnsylvania 17011 Date: November 29, 2010 ID# 8el. (717) 635-9538 DEC n ? 2010 3 ERIKA L. SLATER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA > C:) " WHEREFORE, it is intended that this Order shall qualify as a Qualified Domestt6 Relations Order under the Employee Retirement Income Security Act of 1974 and Section 414(p) of the Internal Revenue Code, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or to maintain its status as a Qualified Domestic Relations Order. VS. : No. 10 - 3347 Civil c-) „, c:) c C= -n CIVIL ACTION - AT LAW - IN DI CFA KEVIN P. SLATER -1 i --n , _ Defendant' r C __J o QUALIFIED DOMESTIC RELATIONS ORDER L=C:) = C. - WHEREAS, the above-referenced divorce action is pending in this Courtpursuant to the Pennsylvania Divorce Code, 23 Pa. Cons. Stat. §§ 3101 et seq., between Erika L. Slater, hereinafter referred to as the "Participant," and Kevin P. Slater, hereinafter referred to as the "Alternate Payee"; WHEREAS, the Participant's current and last known mailing address is 103 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania 17025, Social Security number is xxx-xx-0685 and date of birth is July 25, 1972; WHEREAS, the Alternate Payee, Kevin P. Slater, is the former spouse of the Participant, Erika L. Slater, the Alternate Payee's current and last known mailing address is 103 Sgrignoli Lane, Enola, Cumberland County, Pennsylvania 17025, Social Security number is xxx-xx-7136 and date of birth is April 17, 1970; WHEREAS, the Participant is employed by HighmarkBlue Shield and is a participant in the Highmark Investment Plan, hereinafter referred to as the "Plan"; WHEREAS, the plan sponsor is Highmark, Inc.; WHEREAS, the Plan Administrator is Mr. Rich Little, Highmark, Inc., 1800 Center Street, P.O. Box 890089, Camp Hill, Pennsylvania 17089; WHEREAS, the Participant and the Alternate Payee have agreed to the division of marital property, which agreement provides for the entry of a Qualified Domestic Relations Order pursuant to Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("BRISA"), and Section 414(p) of the Internal Revenue Code, as amended (the "Code"), to provide for the division and disposition of a portion of the Participant's benefits under the Plan and to grant to the Alternate Payee rights to such benefits in such amount and on the terms and conditions prescribed in this Order and in the Plan; and WHEREAS, this assignment of benefits does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan as determined under Section 414(p) of the Internal Revenue Code; this assignment does not require the Plan to provide increased benefits (determined on the basis of actuarial value); and this assignment does not require the Plan to provide benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. It is therefore, ORDERED, ADJUDGED, and DECREED as follows: 1. Alternate Payee will obtain 50% of the value of the Participant's vested account balance under the Plan determined as of September 8, 2010. 2. The determined amount will either be increased or decreased to reflect its share of any investment earnings or losses credited to the Participant's account between the date of determination and the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. 3. Any outstanding loan balances will not be considered as part of the Participant's vested account balance for purposes of determining the amount to be assigned to the Alternate Payee. Participant shall retain the responsibility for payment of any such outstanding loan balances. 4. The calculated award determined above shall be transferred to a separate account under the Plan in the name of the Alternate Payee as soon as administratively feasible. The income, accruals, gains, and losses experienced by such account maintained for the Alternate Payee are to accrue to such account. The Alternate Payee shall have investment management rights pursuant to the provisions of the Plan for his account under the Plan. The Alternate Payee may elect to receive distribution from his separate account in accordance with the terms of the Plan without reference to the Participant's attainment of "earliest retirement age," as defined in Section 414(p)(4)(B) of the Internal Revenue Code of 1986, as amended. If the assigned amount is $1,000.00 or less, Wells Fargo Bank, N.A. will forward a distribution form to the Alternate Payee as soon as administratively feasible after the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. If the assigned amount exceeds $1,000.00, it shall remain in the separate account in the Alternate Payee's name under the Plan until such time as the Alternate elects a distribution in accordance with the terms of the Plan. In addition, the Alternate Payee may name a beneficiary or beneficiaries to receive any amount payable from his account under the Plan as a result of his death. 5. After assignment of the calculated award to Alternate Payee's account under the Plan, the Participant shall be awarded all right, title and interest in and to the Participant's account balance, as reduced above, under the Plan free and clear of any interest of the Alternate Payee. 6. In the event of the Participant's death, there will be no effect on the payment of the benefit assigned to the Alternate Payee hereunder. With respect to the Participant's account balance under the Plan not assigned to the Alternate Payee under this order, the Alternate Payee will not be entitled to any survivor benefits. 7. In the event of the Alternate Payee's death before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is no designated beneficiary, to the Alternate Payee's (a) spouse or, if none, (b) living children or, if none, (c) living parents or, if none, (d) living brothers and sisters or, if none, (e) estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected shall determine if any additional amounts shall be paid upon the Alternate Payee's death. 8. It is this Court's intention that the provisions of the Order operate as an effective assignment of said interest under both state and federal law, for all purposes, and constitute a "Qualified Domestic Relations Order," in compliance with Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended. This QDRO is granted in accordance with Pennsylvania Divorce Code, 23 Pa.C.S.A. §§3101 et seq., which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. In the event that it is subsequently determined by the Plan Administrator for the Plan, by a court of competent jurisdiction, or otherwise, that the provisions of this Order fail to meet the requirements of a "Qualified Domestic Relations Order," both parties shall cooperate fully and shall execute any and all documents necessary to obtain an Amended Judgment and Decree containing an Order of this Court, meeting all requirements of a "Qualified Domestic Relations Order," and this Court expressly reserves jurisdiction over the Participant's benefits in the above named Plan as of the date of entry of the Judgment and Decree, in order to effectuate the assignment of benefits ordered above. This Order supersedes all previously filed Orders in this matter relating this subject. 9. This order is not intended, and shall not be construed in such manner as, to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to increased benefits, other than through the accumulation of earnings; or (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order which was previously deemed to be a QDRO. 10. The Alternate Payee is ordered to report any retirement payments received on any applicable income tax return. The Plan Trustee is authorized to issue a form 1099-R on any direct payments made to the Alternate Payee. 11. The Alternate Payee shall keep Highmark, Inc. informed of his current address. Notice of change of address shall be made in writing, witnessed by a Notary, and mailed to: Wells Fargo Bank, N.A. Attn: QDRO Administrator 901 Marquette Avenue, Suite 500 Minneapolis, MN 55402 12. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such benefit payment and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 13. The Participant and the Alternate Payee shall hold the Plan, Highmark, Ins., and any fiduciary harmless from any liabilities, which arise from this domestic relations order, including all reasonable attorney's fees which may be incurred in connection with any claims which are asserted because the Plan honors this order. WHEREFORE, it is intended that this Order shall qualify as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974 and Section 414(p) of the Internal Revenue Code, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or to maintain its status as a Qualified Domestic Relations Order. 11 !€? 10 ///, Va') Erika L. ater articipant Date Kevin P. Slater, Alternate Payee Date AND NOW, this G4 day of 1040 1 , 2010 , this QDRO is hereby approved as an ORDER of this COURT. The parties XA4imconlply with all the terms and conditions of the QDRO. BY THE Cop Ces, enk c (rz ? 4.? "'( M. &LJe?q7, J.