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HomeMy WebLinkAbout04-3461 SAIDIS SHUFF, FLOWER & LINDSAY AITORNEYS-AT-LAW 26 w. High Streef CarlisJe, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BARBARA L. BANKERT, Plaintiff No. 2004 -?/-IM (Civil Term) CIVIL ACTION - LAW v, RUSSEL P. BANKERT, Defendant (In Divorce) NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, 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, Pennsylvania 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY Date: 1-11'2-104 / By: ~GiJi~y, squire Supreme Court IV # 87954 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATIURNEYS-ATeLAW 26 W, High Slreet Carlisle. PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA L. BANKERT, Plaintiff No. 2004 - j ~I (Civil Term) v. CNIL ACTION - LAW RUSSEL P. BANKERT, Defendant (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE I. Plaintiff is Barbara 1. Bankert, who currently resides at 20 Brian Drive, Carlisle, Cumberland County, Pennsylvania, 2, Defendant is Russell p, Bankert, who currently resides at 12 East Eppley Drive, Carlisle, Cumberland County, Pennsylvania, 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 7, 1985 in Onondaga County, New York. SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYSeAT-LAW 26 w. High Street Carlisle. P A 5, 2001. 6, parties. 7, Plaintiff and Defendant have been living separate and apart since July 24, There have been no prior actions of divorce or for annulment between the Plaintiff, Barbara L. Bankert, has been advised of the availability of maniage counseling and Plaintiff understands that she may have the right to request that the Court require the parties to participate in counseling, Having been so advised Plaintiff does not desire the Court to order counseling, See Plaintiff s Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The maniage is irretrievably broken, The foregoing facts are averred under Sections 330l(c) or 330l(d) ofthe Divorce Code of 1980, as amended, WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony, COUNT II - EQUITABLE DISTRIBUTION 9, The allegations in Paragraphs One through Eight, inclusive, are made a part hereof and incorporated herein by reference, SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS.AT-LAW 26 W. High Street Ca:rUsle. PA 10. Plaintiff and Defendant have acquired property, both real and personal, during their marriage, WHEREFORE, Plaintiff requests this Honorable Court determine the extent of the marital assets and liabilities and order an equitable distribution thereof Respectfully submitted, SAllIS, SHUFF, FLOWER & LINDSAY Date: :r{ 112-1 O~ By: ~.~;;-~ Uf~~~?fJc-h Mac1ay,'~~ Supreme Court ill # 87954 26 West High Street Carlisle, P A 17013 (717) 243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY AtTORNEYS-AT-LAW 26 W. Hjgh Street Carlisle. P A AFFIDAVIT I, Barbara L. Bankert, 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 Prothonotary's 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 participate in counseling prior to a divorce decree being handed down by the court, I understand that false statements herein are made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to authorities. Dated: '7/Ie;). )04 BJ c1, BenJJ Barbara L. Bankert, Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A VERIFICATION I verifY that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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. Dated: )h~ by f6cJ-. cd, Ecm1:J Barabara L. Bankert, Plaintiff e SAIDIS SHUFF, FLOWER & LINDSAY A1TORNEYS'AT'UW 26 W. High Street Carlisle. P A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, F'ENNSYLVANIA BARBARA L. BANKERT, Plaintiff No. 2004 - 3461 (Civil Term) v. CNIL ACTION - LAW RUSSEL P. BANKERT, Defendant (In Divorce) ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of my client, Russel p, Bankert, and I further certify that I am authorized to do so. Dated: 7/21/04 141/~ By: Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, PC 44 West Main Street P,O, Box 318 Mechanicsburg, Pennsylvania 17055 Attorneys for Defendant '" c;::;. = .r- o -n --1 -r ni::O r-- "0 in ::"-,)0 '~~ ::jIT1 ~- I." i::::':: ". N -v G.5 -.::~ o .-r' "~_. -, ~... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA L. BANKERT, Plaintiff No. 2004-3461 (Civil Tenn v, CIVIL ACTION - LAW RUSSELL P. BANKERT, Defendant (In Divorce) PROPERTY SETTLEMENT AND SEPARATION AGREEME THIS AGREEMENT is made this .20 ~day of IIp;(/C_ 2005, BY and BETWEEN Barbara L. Bankert of 20 Brian Drive, Carlisle, Cumberl Pennsylvania, hereinafter referred to as Wife, A N D Russell P. Bankert of 12 East Eppley Drive, Carlisle, Cumberland County, Pe sylvania, hereinafter referred to as Husband, RECITALS R.I: The parties hereto are Husband and Wife, having been joined in m . age on September 7, 1985 in Onondaga County, New York; and R.2: Two (2) children were born of the marriage: William Arthur Bank rt, whose date of birth is May 15, 1990 and Nicholas Russell, whose date of birth is Sept mber 25, 1992; and R.3: Differences have arisen between the parties, in consequence of 'ch they have lived separate and apart since on or about July 24, 2001; and BLB 8LB Page 1 of22 RPB (l, ,- R.4: The parties have resolved that it is not possible to continue the marital relationship between them for reasons known to them, in consequence of wh h they are living separate and apart; and R.5: Wife filed a Complaint for Divorce in the Court of Comm n Pleas of Cumberland County in the Commonwealth of Pennsylvania, to Docket Number 004-3461, Civil Term; and R.6: It is the desire and intention of the parties, after long d careful consideration, to amicably adjust, compromise and settle all property rights, an all rights in, to or against the property or estate of the other, including property he etofore or subsequently acquired by either party, and to settle all disputes existing be een them, including any claims or rights that they may have under the provisions of the Pe sylvania Divorce Code, as amended; and R.7: The parties also desire to settle their issues of counsel fees and co , and the settling of any and all claims and possible claims against the other or ag . nst their respective estates; and R.8: The parties desire to resolve all claims pending between them, inc uding the settlement of all of their respective property rights and other rights growing 0 t of their marriage relationship including, but not limited to, all matters between them rela 'ng to the ownership of real and personal property, claims for spousal support, alimony alimony pendente lite, counsel fees and costs, and further including the education of their children; and BLB &..& Page 20f22 RPB tJ , - R.9: Husband and Wife declare that each has had a full and fair op ortunity to obtain independent legal advice of counsel of their selection; that Win has been independently represented by Lindsay Gingrich Maclay, Esquire of Daley, Zucker & Gingrich, LLC, and that Husband has been independently represented b Keith 0, Brenneman, Esquire ofSnelbaker & Brenneman, P,C.; and R.IO: Both Husband and Wife have each covenant that they have m e full and complete disclosure to the other of his and her respective property holdings d income; and R.ll: Each party has had an opportunity to verifY the financial disclo ure of the other. Discovery, if any, has been conducted to the satisfaction of each party, has had the opportunity to investigate further the financial disclosure of the oth r, and has had access to any desired books and/or records to investigate further. Each p had an opportunity to do an independent valuation of the assets, liabilities and income party. To the extent either party decided not to pursue further discovery and in stigation, he or she did so voluntarily and specifically waives the right to challenge this greement based on the absence of full and fair disclosure, NOW THEREFORE, with the aforegoing recitals being hereinafter inco reference and deemed an essential part hereof and in consideration of the cove ants and promises hereinafter to be mutually kept and performed by each party, as well a for other good and valuable consideration, receipt of which is hereby acknowledged, and intending to be legally bound, hereby agree as follows: BLB &J3 Page3 of22 RPB . - (I) SEPARATION: It shall be lawful for each party at all ti s hereafter to live separate and apart from the other party at such place or places as he or s to time may choose or deem fit, free from any control, restraint or interferen e from the other. Neither party will molest the other or endeavor to compel the other t dwell with him or her by any legal or other proceeding, Neither party shall discredit the other in any way, nor in any way injure his or her reputation; nor s them act or permit anyone else to act in any way which might tend to create any or disloyalty or disrespect between the members of the family of either party. ch party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreeme t. (2) DIVORCE: The parties acknowledge that the marriage is i broken and that they will secure a mutual consent no-fault divorce decree in captioned divorce action, Upon the execution of this agreement, the parties sh I execute and the Affidavits of Consent and Waiver of Notice Forms necessary to fi alize said divorce, Said Affidavits and Waivers will be filed contemporaneously with this greement in the Cumberland County Prothonotary's Office. If either party fails or refuses to execute and file the foregoing doc ents, said failure or refusal shall be considered a material breach of this Agreement and s all entitle the other party at his or her option to terminate this Agreement. BLB 3LB Page 4 of22 RPB ~ . - (3) REAL PROPERTY: It is understood and agreed that the p joint owners of certain real property located at 12 East Eppley Drive, Carlisle, County, Pennsylvania 17013 (hereinafter "Former Marital Contemporaneously with the execution of this Agreement, Wife agrees that as part of this property settlement, she will convey all of his right, title and interest in and to Marital Residence to Husband, free of all encumbrances except the outs mortgage with Astoria Federal Savings, which the Husband agrees to assume due course, Wife shall, simultaneously with the execution of this Agreement, ecute and deliver to Husband a special warranty deed conveying Wife's interest in and to Marital Residence to Husband. As consideration for the aforesaid conveyance, Husband shall pay to ife Fifty (50%) Percent of the equity in the marital home at the time of the parties' separ tion. The parties had the Former Marital Residence appraised by a mutually-chosen ap raiser and have agreed to use the date of separation value assigned to the Former Marital R sidence in that appraisal. The Former Marital Residence was appraised at One Hundred Se enty-Five Thousand ($175,000.00) Dollars as of July 24, 2001. A copy of the Appraisal Summary from Appraiser Larry E, Foote of Diversified Appraisal Services is attached hereto as Exhibit "A" and is incorporated herein by reference as if set forth fully herein, e balance on the parties' joint mortgage obligation as of July 24, 2001 was One Hundred T nty-Five Thousand Forty-One and 37/100 ($125,041.37). A copy of the October 1,20041 tter from Astoria Federal Savings is attached hereto as Exhibit "B" and is incorporated erein by reference as if set forth fully herein. Accordingly, as of the date of the parties's paration, BLB 8L.B- Page 5 of 22 RPB the parties had Forty-Nine Thousand Nine Hundred Fifty-Eight and 63/100 ( 49,958,63) Dollars in equity in the Former Martial Residence, Fifty (50%) Percent ofwhic is Twenty- Four Thousand Nine Hundred Seventy-Nine and 32/100 ($24,979.32) Do lars. Said $24,979.32 shall be paid to Wife pursuant to the terms of Paragraph 13 of this A Husband specifically agrees to hold Wife hannless with regard to associated with the Former Marital Residence from the date of separatio , forward, including, but not limited to the mortgage payments, taxes, homeowner's in repairs. Husband further agrees to refinance the first mortgage on the F 0 Residence into his name within 180 days of execution of this agreement. (4) DEBT: A. MARITAL DEBT: Other than those debts enumera d within, Husband and Wife acknowledge and agree that there no other outstanding debts and obligations which are marital or fo which the other might be liable incurred prior to the signing of this A ement. I. Each of the parties will pay all current bills and utstanding bills incurred on or before the date of separat on of the parties, July 24, 2001, to the same extent that he r she has been paying then in the past and neither party shal incur any unusual bill which will bind the other party, fe hereby agrees to return to Husband any and all joint cred t cards or charge plates that she may have in her posses 'on. The parties further agree that any debts incurred on said joint credit cards or charge plates subsequent to th date of separation, shall be the sole and exclusive respo ibility of the party who incurred said debts and the debt-inc 'g party shall save harmless the other party from any obI gation or institutions of suit thereunder. B: POST SEPARATION DEBT: Except as otherwi e herein provided, in the event that either party contracted or inc ed any debt since the date of separation on July 24, 2001, the arty who incurred said debt shall be responsible for the payme t thereof regardless of the name in which the debt may have been inc ed, BLB Bb8. Page 6 of 22 RPB c: FUTURE DEBT: Except as otherwise herei provided, from the date of this agreement neither party shall cont ct or incur any debt or liability for which the other party or his or he property or estate might be responsible and shall indemnifY and sa e the other party harmless from any and all claims or demands made gainst him or her by reason of debts or obligations incurred by the 0 er party, (5) MOTOR VEHICLES: The parties acknowledge that they ointly hold title to a 2000 Lincoln LS, which vehicle is currently in Wife's possession, Hus and hereby relinquishes any right, title or interest he may have in and to the 2000 Linco LS. Wife shall continue to maintain separate insurance on the 2000 Lincoln LS and shall hold harmless and indemnifY Husband from any loss thereon. Husband hereby agree to assume full responsibility for and pay in due course the outstanding joint loan on the 2 LS, which, the parties believe is scheduled to be paid in full in April of 200. Within twenty (20) days of receipt of the title on the 2000 Lincoln, the parties shall exec te any and all documents necessary to have the 2000 Lincoln LS properly registered soleI in Wife's The parties further acknowledge that they jointly hold title to a 1997 rd F -150 name with the Pennsylvania Department of Transportation. Pick-Up, which vehicle is currently in Husband's possession. Wife hereby relinq ishes any right, title or interest she may have in and to the 1997 Ford F-150 Pick-Up Truck. Husband shall continue to maintain separate insurance on and assume full responsibilit for any encumbrance on the 1997 Ford F-150 Pick-Up Truck, and shall hold h BLB Bbl1 Page 70f22 b indemnifY Wife from any loss thereon, Within twenty (20) days of the executi n of this Agreement, the parties hereby agrees to execute any and all documents needed t 1997 Ford F-150 properly registered solely in Husband's name with the Pe RPB Department of Transportation. To the extent that there is any existing obligatio associated with the 1997 Ford F-150, Husband shall, within 180 days of the execu 'on of this Agreement, take any and all steps necessary to remove Wife from any e cumbrance associated with the Ford F-150 Pick-Up Truck. Wife hereby agrees, within ten 10) days of a request by Husband to do so, that she shall sign any and all documents n cessary to remove her name from any encumbrance associated with the 1997 Ford F-150. The parties further acknowledge that at the time of preparation of this greement, Husband, individually, held title to a 2000 Harley Davidson Fat-Boy, which ehic1e has now been sold, Wife hereby relinquishes any right, title or interest she may have had in and to the 2000 Harley Davidson Fat-Boy. If there was any encumbrance on the 2 00 Harley Davidson Fat-Boy which was not paid in full as a result of the sale of this asse , Husband shall and assume full responsibility for any remaining encumbrance on the 2 Davidson Fat-Boy, and shall hold hannless and indemnifY Wife from any loss reon, To the extent that there is any existing joint obligation associated with the 20 0 Harley Davidson Fat-Boy, Husband shall, within 180 days of the execution of this Agree ent, take any and all steps necessary to remove Wife from any encumbrance associated wi Harley Davidson Fat-Boy, Wife hereby agrees, within ten (10) days of a r quest by Husband to do so, that she shall sign any and all documents necessary to remove her name from any encumbrance associated with the 2000 Harley Davidson Fat-Boy, BLB 31-B Page 8 of22 RPB (6) CELLULAR TELEPHONE: Husband has provided to use and at no charge to her, a cellular telephone under Husband's family plan. is plan is slated to terminate in October of 2006. So long as Wife's usage of the cellul telephone remains at or around the same level as it is currently, Husband agrees to continu Wife with the cellular telephone at no charge to her \Ultil the expiration of the t October of 2006, In the event that Wife's usage of the cellular telephon becomes excessive, Husband agrees to advise Wife of same, thereby giving her the optio difference between the bill based upon her old usage and the bill after excessiv the event that Wife elects not to pay the difference in the bills, Husband sh I have the option to terminate Wife's cellular plan and Wife shall, within ten (10) days ofa equest by Husband to do so, return the cellular telephone to Husband. (7) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household 'shings, appliances, tools and other household personal property between them, and the agree that each party shall from and after the date hereof be the sole and separat all such property presently in his or her possession whether said property was eretofore owned jointly or individually by the parties hereto. This Agreement shall have th effect of an assignment or bill of sale from each party to the other for such property as ma be in the individual possession of the parties hereto. BLB -BbB Page 9 of 22 RPB (8) INTANGIBLE PERSONAL PROPERTY: Except as otherwise provided herein, each party hereto hereby relinquishes any right, title or inte t he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, ins ce, bank accomrts, individual retirement accounts, employment benefits, including retirement accounts, savings plans, pension plans, stock plans, 40 I K plans, and the like, The parties acknowledge that Husband is a participant in a 40lK stemmi g from his employment with Corning Oak Industries presently held by American Express, hich 40lK was formerly held by Fidelity Investments (hereinafter "Corning Retirement"), he parties further acknowledge that Husband's retirement account had a value of On Hundred Nineteen Thousand Three Hundred Sixteen and 68/100 ($119,316,68) Dollars of March 31,2002. A copy of the redacted March 31,2002 Retirement Savings Stateme tJAccount Summary (hereinafter "Account Summary") from Fidelity Investments is attache hereto as Exhibit "C" and is incorporated herein by reference as if set forth fully her in. Also reflected on this Account Summary is a loan against Husband's Corning Retire amount of Thirty Thousand ($30,000.00) Dollars, which money the parties had to pay joint marital debts, See Exhibit "C". For purposes of this Agreement, Wife has agreed to use a Corning Retirement account balance of One Hundred Seven Thousand F 0 25/100 ($107,045,75) Dollars (hereinafter referred to as the "Agreed Upo Retirement Account Balance"), thereby taking into consideration Husband's p yment of half of the Thirty Thousand ($30,000.00) Dollar loan. BLB~ Page 10 of 22 Wife acknowledges that she has been informed of his right to obtain an ndependent appraisal and/or valuation of Husband's 40lK and any marital interest sh may have therein, and, notwithstanding same and except as otherwise as herein provided, forever waives and relinquishes any right, title interest or claim she might oth 'se have in and to Husband's aforesaid Corning Retirement. The parties agree that Relations Order shall be entered by the Court of Common Pleas of Cumberl Pennsylvania, and provided to the Plan Administrator to provide for a total dis ribution to Wife of Sixty (60%) Percent of the Agreed Upon Corning Retirement Account alance or Sixty-Four Thousand Two Hundred Twenty-Seven and 15/100 ($64,227.15) D lIars, The total distribution to Wife under this Paragraph must total $64,227.15; howeve , Husband may elect to provide Wife with some portion of this amount in a cash pa ent. The distribution to Wife of this payment shall be pursuant to the terms of Paragrap 13 of this Agreement. The parties acknowledge that Husband, through his employment with C ming, has received stock options (hereinafter "Corning Stock"), The parties have agree that the value of the vested, marital portion of those stocks as of the date of the parties' eparation was Nine Thousand Nine Hundred Thirty-Eight and 24/100 ($9,938,24) Dollars, Except as otherwise as herein provided, Wife hereby forever waives and relinquishes any 'ght, title interest or claim she might otherwise have in and to Husband's aforesaid Comi g Stock, Wife shall receive Fifty (50%) Percent of the value of the marital portion of usband's Coming Stock or Four Thousand Nine Hundred Sixty-Nine and 12/100 ($4,969.12 Dollars, The total distribution to Wife under this Paragraph must total $4,969,12; however, Husband BLB~ Page II of 22 RPB may elect to provide Wife with some portion of this amount in a cash payment, and the rest of the payment can come from Husband's Corning Retirement in the form 0 a Domestic Relations Order. The distribution to Wife of this payment shall be pursuant to e terms of Paragraph 13 of this Agreement, (9) AFTER-ACQUIRED PROPERTY: shall hereafter own and eIlioy, independently of any claim or right of the other, I items of property, be they real, personal or mixed, tangible or intangible, which are acq or her after execution of this Agreement, with full power in him or her to di se of the same as fully and effectively, in all respects and for all purposes, as though he r she were unmarried. Specifically, Husband acknowledges that Wife, through her employmen with Holy Spirit Hospital, began contributing to a retirement plan after the parties separation. Husband hereby forever waives and relinquishes any right, title interest or clai he might otherwise have in and to Wife's aforesaid retirement account with Holy Spirit H spital, (I 0) WAIVER of ALIMONY: The parties acknowledge that each as income and assets satisfactory to meet his and her own reasonable needs. Each party claim he or she may have, one against the other, for alimony, spousal support r alimony pendente lite. (II) DIVISION OF BANK ACCOUNTS: The parties ackno all joint bank accounts have been closed or divided to their mutual satisfaction . or to the execution of this Agreement, BLB i3.ba Page 12 of22 RP (12) TAX MA TIERS: The parties have negotiated this Agreem nt with the understanding and intention to divide their mutual property, The parties have determined that such division conforms to a right and just standard with regard to the ri ts of each party. The division of existing marital property is not, except as may b otherwise expressly provided herein, intended by the parties to constitute in any wa a sale or exchange of assets. It is understood that the property transfers described in this greement fall within the provisions of Section 1041 of the Internal Revenue Code, and such will not result in the recognition of any gain or loss upon the transfer by the transfero (13) DISTRIBUTION TO WIFE: Under the terms of this greement, Wife is to receive Twenty-Four Thousand Nine Hundred Seventy-Nine ($24,979.32) Dollars for her interest in and to the Former Marital Residence, A ditionally, Wife is to receive Sixty-Four Thousand Two Hundred Twenty-Seven ($64,227.15) Dollars for her interest in and to Husband's Corning Retirement and Four Thousand Nine Hundred Sixty-Nine and 12/100 ($4,969.12) Dollars for her inte est in and to Husband's Corning Stock. Therefore, the total distribution to be made direct y to Wife under the terms of this Agreement is Ninety-Four Thousand One Hundred Seven 59/100 ($94,175,59) Dollars. The parties agree that at the execution of this Wife shall receive Ten Thousand ($10,000,00) Dollars in cash or certified ch ck. The parties further agree that within sixty (60) days of Husband refinancing the Form r Marital Residence, Wife shall receive an additional Ten Thousand ($10,000,00) Dollars cash or certified check from the refinance of the Former Marital Residence, Finally, the alance of BLB OLE Page 13 of 22 RPB Seventy-Four Thousand One Hundred Seventy-Five and 59/100 ($74,175,59) ollars shall be rolled over to Wife from Husband's Corning Retirement via a Domestic Rela 'ons Order, Said Domestic Relations Order shall be prepared and executed as soon as adm nistratively feasible after the signing of this Agreement; however, said amount shall be s egated to the AET Money Market Fund II account within Husband's American Ex ress 40lK account for Wife as of the date of execution of this Agreement and Wife shall entitled to all gains and losses therefrom from the time of the execution of this Agreemen until such time as the account is segregated into Wife's name. (14) DEPENDENCY EXEMPTIONS: At the time of executi of this Agreement, the parties hereto operate under a shared physical custody sched long as the parties operate under this shared physical custody schedule, the p agree that Husband shall claim William and Wife shall claim Nicholas as a de endent for income tax purposes, In the event that the parties would alter, by court order or therwise, this shared physical custody schedule, the parties agree that whoever has prim physical custody of the child/ren shall claim that/those child/ren as dependents for i come tax purposes, (15) ATTORNEY'S FEES: Except as otherwise provided herei each of the parties waives the right to receive a payment for counsel fees form the other and each shall be responsible for his or her own counsel fees, costs and expenses, if su h fees or expenses are incurred. BLB -E&S Page 14 of22 RPB (16) ADVICE of COUNSEL: The parties hereto acknowledge that each has had a full and fair opportunity to obtain independent legal advice 0 counsel of their selection; that Wife has been independently represented by Lindsay Gin Esquire, of Daley, Zucker & Gingrich, LLC, and that Husband has been in ependently represented by Keith O. Brenneman, Esquire, ofSnelbaker & Brenneman, P,C, e parties acknowledge that each provision of this Agreement and its legal effect have been fully explained to each party by their respective counsel. Each party acknowledges that they fully understand the facts and have been fully informed of their legal rights and obligations and each accepts that this agreeme t is, under the circumstances, fair and equitable, and that it is being entered into freely and oluntarily after having received such advice and with such knowledge as each has so ght from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agre ments, (17) ADDITIONAL INSTRUMENTS: Except as otherwise herein provided, each of the parties shall from time to time, at the request of the other, execute, ac owledge and deliver to the other party, within ten (10) days of any request to do so, further instruments that may be reasonably required to give full force and efii ct to the provisions of this Agreement. BLB BkEL Page 15 of22 RPB (18) INCOME TAX: The parties hereby acknowledge that pi to file a joint federal, state, and local income tax return for the tax year of 2004. The pies hereto agree to equally divide any refund that they receive as a result of this joint fili g for 2004. In the event that the parties have a tax deficiency as a result of this 2004 oint filing, Husband agrees that he shall be responsible for said deficiency. The parties he to agree to file separate returns for all ongoing years, specifically including 2005 and 2006. (19) BANKRUPTCY: The parties hereby agree that the provisi ns of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to r affirm any and all obligations contained herein, In the event a party files such bankruptcy thereto obtains a discharge of any obligations assumed hereunder, the other p shall have the right to declare this Agreement to be null and void and to terminate this A eement in which event the division of the parties' marital assets and all other rights determi ed by this Agreement, including alimony, shall be subject to court determination the sam as if this Agreement had never been entered into. (20) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed familiar with, the wealth, real and personal property, estate and assets, earnings of the other and has made any inquiry he or she desires into the income or estate 0 the other and received any such information requested, Each has made a full and complete isclosure to the other of his and her entire assets, liabilities, income and expenses and y further enumeration or statement thereof in this Agreement is specifically waived. BLB B LB Page 16 of22 RPB (21 ) WAIVER of APPRAISALS: The parties acknowledge t at they are aware of their respective rights pursuant to the Pennsylvania Divorce Code to 0 tain formal valuations or appraisals of the real estate, the personal property, the vehicles, d 401K's and IRA's, some or all of which were acquired during the marriage and therefo constitute marital property, However, the parties have determined that they will not ertake the expense to have these items appraised and/or valuated, and that the division of roperty as set forth in this agreement, represents a fair and equitable distribution, (22) RIGHTS and RESPONSffiILITIES: Husband and Wife ackno ledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to 0 so but as a voluntary act. (23) FULL SETTLEMENT: Except as herein otherwise prov ded, each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations w . ch either may have, or at any time hereafter have for past, present or future support or m 'ntenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expe s and any other right or obligation, economic or otherwise, whether arising out of t e marital relationship or otherwise, including all rights and benefits under the Pennsylvani Divorce Code of 1980, its supplements and amendments, as well as under any other law 0 jurisdiction, except and only except all rights, agreements and obligations of nature arising or which may arise under this Agreement or for the breach of any rovision thereof. Neither party shall have any obligation to the other not expressly set forth herein. BLB i3l.,..R Page 17 of22 RPB p~ Except for any cause of action for divorce which either party may have 0 claim to have, and except for the obligations of the parties contained in this Agreement rights as are expressly reserved herein, each party gives to the other by the exec ion of this Agreement an absolute and unconditional release and discharge from all causes claims, rights or demands whatsoever, in law or in equity, which either party eve had or now has against the other. (24) RELEASE of ALL CLAIMS: Except as otherwise provi ed herein, Each party hereby absolutely and unconditionally releases and forever discharg s the other and his or her heirs, executors, administrations, assigns, property and estate from rights, claims, demands or obligations arising out of or by virtue of the marital r lationship of the parties or otherwise, whether now existing or hereafter arising. The ab ve release shall be effective regardless of whether such claims arise out of any former or contracts, engagements or liabilities or the other or by way of dower, courtes , widow's rights, family exemption or similar allowance, or under the intestate laws, or e right to take against the spouse's will, or the right to treat a lifetime conveyance by th testamentary, or all other rights of a surviving spouse to participate in a decease spouse's estate, whether arising under the laws of Pennsylvania, any state, common territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce ecree are intended to defeat the right of either party to receive any insurance proceeds at th death of the other of which she or he is the named beneficiary (whether the beneficiary desi ation BLB 8LJ3 Page 18 of22 RPB 0(1, was made prior or subsequent to execution hereof), nor to defeat the right of ei er party to receive any legacy, bequest or residuary portion of the other's estate under his 0 to act as personal representative or executor if so named by the will of the 0 r, whether such will was executed prior or subsequent to this Agreement. (25) SEPARABILITY of PROVISIONS: The that the separate obligations contained in this agreement shall be deemed to be interde ndent. If any term, condition, clause or provision of this agreement shall be determined b a court of competent jurisdiction to be invalid or unenforceable, then the parties agr e that the agreement may be reviewed and renegotiated in order to fulfill as closely as ssible the purpose of the invalid provision. Notwithstanding any releases contained herein, the parties intend that they may reinstate previously pleaded economic claims to the exten permitted by the Divorce Code. (26) GOVERNING LAW: All matters affecting the interpretat on of this Agreement and the rights of the parties hereto shall be governed by the la s of the Commonwealth of Pennsylvania, (27) INCORPORATION into DIVORCE DECREE: The Parties that this Agreement shall continue in full force and effect after such time as a final Divorce may be entered with respect to the parties. Upon entry of the D cree, the provisions of this Agreement may be incorporated by reference or in substance but they shall not be deemed merged into such Decree. The Agreement shall survive any such Decree in Divorce, shall be independent thereof, and the parties intend that all 0 ligations BLB~ Page 190f22 RPB () contained in this Agreement shall retain their contractual nature in any nforcement proceedings, whether enforcement is sought in an action on the contact itself t law or in equity, or in any enforcement action filed to the Divorce Caption, (28) BREACH: In the event that either party breaches any provi ion of this Agreement, he or she shall be responsible for any and all costs incurred to nforce the Agreement, including, but not limited to, court cost and counsel fees of the oth r party. In the event of breach, the other party shall have the right, at his or her election to sue for damages for such breach or to seek such other and additional remedies as may available to him or her. (29) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, repr entations, or agreements, oral or written, of any nature whatsoever, other than those herein (30) AGREEMENT BINDING on PARTIES and HEIRS: It is derstood and agreed that not only the parties hereto, but also their heirs, administrators, ex assigns, shall be bound by all the terms, conditions and clauses of this Agreement. (31) DATE OF EXECUTION: The "date of execution" or "executi date" of this Agreement shall be defmed as the date upon which it is executed by the part es if they have executed the Agreement on the same date. Otherwise, the "date of exe uti on" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement, BLBBJ-..a Page 20 of22 RPB Or> (32) PRESERVATION OF RECORDS: Each party will keep and preserve for a period of four (4) years from the date of their Divorce Decree I financial records relating to the marital estate, and each party will allow the other p access to those records in the event of tax audits. (33) WAIVER OR MODIFICATION TO BE IN WRITING: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall b deemed a waiver of any subsequent default of the same or similar nature. (34) NO WAIVER OF DEFAULT: This Agreement shall rem m in full force and effect unless and until terminated under and pursuant to the te Agreement. The failure of either party to insist upon strict performance of provisions of this Agreement shall in no way affect the right of such party enforce the same, nor shall the waiver of any breach of any provision hereof be c nstrued as a waiver of any subsequent default of the same or similar nature, nor shall the w ver of any breach of any provision hereof be construed as a waiver of strict performance 0 any other obligations herein. (35) MANNER OF GIVING NOTICE: Any notice required by this greement to be sent to Wife shall be sent by certified mail, return receipt requested, to Bankert, 20 Brian Drive, Carlisle, Pennsylvania 17013, or counsel for Wife, or ch other address as Wife from time to time may designate in writing. BLB .M LB Page 21 of22 RP Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Russell p, Bankert, 12 East Ep ley Drive, Carlisle, Pennsylvania 17013, or counsel for Husband, or such other address Husband from time to time may designate in writing, (36) HEADINGS NOT A PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserte solely for convenience of reference and shall not constitute a part of this Agreement no shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto, intending to be leg Iy bound hereby, have hereunto set their hands and seals to this Agreement the day an year first above written, WITNESS: ~~;~ Attorney for Plaintiff 'A~ Keith O. Brenneman, Esquire Attorney for Defendant f,f. Russell P. Bankert, Defendan BLB BLS Page 22 of 22 RPB tJ , , Exhibit "A" I I I I I I I I I I I I I I I I I I I . SUMMARY OF IMPORTANT FACTS AND CONCLUSIONS LOCATION: 12 East Eppley Drive Carlisle, Pennsylvania TAX PARCEL NUMBER: 40-10-0636-165 IMPROVEMENTS: Two-story detached single-family dwelling. PROPERTY RIGHTS: Fee simple interest. OWNERSHIP HISTORY: The subject property is owned by Russell P. and B hara L. Bankert, The property was purchased on Octob r 18, 1993 for a reported consideration of $148,30 and ownership transferred on deed reference 36-P-558. SCOPE OF THE ASSIGNMENT: The scope of the assignment included an analysis subject's area, an inspection of the subject prope , an estimation of the property's highest and best use, consideration of all three approaches. to value, an the application of those relevant to the valuation 0 the subject. OBJECTIVE: To estimate the market value of the subject property a unencumbered, EFFECTIVE DATE: July 24,2001. HIGHEST AND BEST USE: Continued use as a single-family residence, COST APPROACH: N.A. SALES APPROACH: $175,000 INCOME APPROACH: N,A. FINAL VALUE CONCLUSION: $175,000 2 _'~"A'",","_~.""".,...~",>....>,.,;t<;.'-''',""h't.,.u,'a...,,,,,,,<,,,,,,,,,'d_~_,'_","-",""'"';'::!r;.~~~.1iillw'~~"'=~-"""""-<'"---" . . Exhibit "B" . 'u~1!!~!!! lOA" A IflJSTflATlOH October L 20()4 RUSSELL P BANKERT BARBARA L BANKERT 12 E EPPLEY DR CARLISLE. PA 17013 Rc: ~for1gagc Loan#: 4774550 Property:Sanleasabove To Mr. & Mrs. Banken: Thc above mortgage with Astoria Federal Savings and Loan balance as of July 24, 200 I was 5125,041.37, The balance as OfOclober l, 2004 is SI 15.986.58. If we can be of further assistance. please feel free to contact any of our Customer Servicc Representatives aI1-800- 421-9756 or 1-516-535-8700. Sincerely, t, /1~i t rl~' (;1 ~.1 0.. -' ,'Ii . .....-"t" -t :,-.~ _ _ _ .- _ ,.: ) ~ ..-lL;.{, Z ( ~(:'.n.~)- tb ,.1<: . 'J / Vemeeda McKcnlk-~'heeler . Senior Correspondence Specialist "~fOf'IA Fi:ttERilol. SAVINCS ANO LOAN A5SOClArlOt~ ~ f()UNOEO HI$6 . , Exhibit "c" , ~elity Investments RtIdIt,ft- ~ rr ",.. The Corning Oak Holding Inc, Section 401k Savings Plan Retirement l'iavings Stalement RUSSELL BANKERT 12 EAST EPPLEY DRIVE CARLISLE, PA 17013-0000 'lit Customer SelVice: (800) 421-3844 Fidelity Investments Institutional services Co. 82 Devonshire Street Boston, MA 02109 Your Account Summary Statement Pertod: 11112002 to 3131/2002 Beginning Balance Your Contributions Employer Contributions Loan Change In Market Value $119,316,68 $1,250.46 $1,271.30 - $30,000.00 $206,81 Ending Balance $92,045,25 Addilionallnformation Vested Balance $92,045.25 Outstanding Loan Balance $30,000,00 Dividend & Interest $191.79 Loans are an asset of your account but are not included in your ending balance or reflected in your ~sset allocation. V.......P...........1 ",. Rate'of'R.turn This Period -0.4% Your Personal Rate of Return is calculated with a time-weighted formula, widely used by financial analysts to calculate investment earnings. It reflects the results of your investment selections as well as any activity in the plan account(s) shown. There are other Personal Rate of Return formulas used that may yield different results. Remember that past performance is no guarantee of future results. Your Asset Allocation Statement Period: 1/1/2002 to 3/3112002 httnq .11""(wkn''.:I('_p_l;:p.-n.ri....p.c~fr~ -hrl~l1t-V I"'nTYI/ft...th~-n""f;+,...I.A -~-- Page 1 of 5 -- - - -- - - - - - .- -- - - -- ,-"- ="'-' - - - - -- -- ...- --- -- - -- - - -- - - - "I "',- -- -- - .- -- - - ---. - - -- -- -- --- .- -- - ........ -- - - - - " -- - - -- - - ------ " 0 ~ 0 f~ c:.:..") -n <.1" -' "'" :J-!t) -\) n" :;::0 -o\=n (/! N -bO C$J 'OJ.. -" -1;0 ~~ -0 ,":H }~~; . ::;>: ~~B ,~~ ~~~ _;:-('0_ - S ~-;,1' " :10 :3 tJ'\ - :..:; - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA BARBARA L. BANKERT, Plaintiff No, 2004-3461 (Civil Term) v, CIVIL ACTION - LAW RUSSELL P. BANKERT, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYL VANIA ) SS, COUNTY OF CUMBERLAND ) I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed n July 16,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety ( 0) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final Decree in Divorce after service of the Notice f Intention to Request Entry of a Divorce Decree, I verifY that the statements made in this Affidavit are true and correct to the best of y knowledge, information, and belief. I understand that false statements herein are m e subject to the penalties of 18 Pa, C,S., Section 4904 relating to unsworn falsification 0 authorities. PS',/II, /J Date: 1'~ ZI; J.fI~~ !fU yt.( / c..--- RusseIP,B~ert,Defunmmt Sworn to and subscriJ;led before me this ~ndayof h~ 2005, /~ -;(~? 1IIa-~ COMMONWEALlH UF PENNSYLVA,"A ) Notarial Seal Susan L Matrazi, Notary Public Mechanicsburg 80m, Cumberland County My Commission Expires Nov. 24, 2007 Member, Pennsvlv,'Jnia Association Of Notaries Q s.~ ~-, ~ ~ ~ ;?;) l"-' co q, .A :r.;.." rf\-r: ~Cl~ "\:''1: ~~s;r. ~.1.. ~'it ~ s~:~ 'tj ::...: .' U\ v) ------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA L. BANKERT, Plaintiff No, 2004-3461 (Civil Term) v. CIVIL ACTION - LAW RUSSELL P. BANKERT, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed n July 16,2004, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9 ) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final Decree in Divorce after service of the Notice f Intention to Request Entry of a Divorce Decree. I veritY that the statements made in this Affidavit are true and correct to the best of y knowledge, information, and belief, I understand that false statements herein are m e subject to the penalties of 18 Pa, C.S" Section 4904 relating to unsworn falsification authorities, Date: ~J~;/05 r5rJ. <:I, 1k.t:J Barbara 1. Bankert, Plaintiff Sworn to and subscribed before me this LV!: day of {'\~ \ \ 2005, ~l:-\--I.,"\' ~ \.; S- \y\f>l\ \-"-;.-:~ '----' NWE J OF PENNS VANIA Notarial Seal Michelle M. Bross, Not21}' Public ~~Commr PaxtonlWp" Dauphin County Oftl '...on Expil<lS Sept. 23, 2006 Member, Pennsylvania Association of Notaries n ~~ ,..., g <.r> "'" -,J ;:>:J N 00 -"\) :.to;: o -n -\ :J:::;p n1t; 'Oh "'f) -r ("") ..... ':~.1 <;? .'j.. ~r~ (''j-;~ ;?-~{l St ~n .~. (..f1 N ----- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA L. BANKERT, Plaintiff No. 2004-3461 (Civil Tenn) v, CIVIL ACTION - LAW RUSSELL P. BANKERT, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !i3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2, I understand that I may lose rights concerning alimony, division of prope , lawyer's fees or expenses if! 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 Court and I further understand that a copy of the Decree will be sent to immediately after it is filed with the Prothonotary, I verify that the statements made in this Waiver are true and correct to the best of y knowledge, infonnation, and belief, I understand that false statements herein are ma e subject to the penalties of 18 Pa, C.S, 94904, relating to unsworn falsification 0 authorities. Date: 4/.-.J 2.'. 1.,,'S' sa---. /L--- Q S" ,-> ~ '5'0 'P' "" ?? ~ q. ~~ ~}q <';c.,; -C.-;,) -0 C':?~ ~ (2\ ~}; ;;4 ()'\ v:> - .' ------ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA L. BANKERT, Plaintiff No, 2004.3461 (Civil Term) v, CIVIL ACTION - LAW RUSSELL P. BANKERT, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER li3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of prope lawyer's fees or expenses ifI 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 Court and I further understand that a copy of the Decree will be sent to immediately after it is filed with the Prothonotary, I verify that the statements made in this Waiver are true and correct to the best of knowledge, information, and belief, I understand that false statements herein are m e subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: l./.)dIIOf:l - B~ d. Bo...~ Barbara L. Bankert, Plaintiff o ("- __e:::- ~ c;:)" .oJ' ~ ~;;) l'} co _..~, ~~ -a ~. Q. :?-n rn-p: -0. '<3 ~nL ~?\~^?i . c--] ;,;:;i~ r"')ff'l ~::l ?.o, -<. - <.J1 <'.<" LAW OFFICES SNELBAKER & BRENNEMAN, P.C. BARBARA L. BANKERT, Plaintiff IN THE COURT OF COMMON PEAS OF CUMBERLAND COUNTY, PE SYL VANIA v. : NO. 2004-3461 CIVIL TERM RUSSELL P. BANKERT, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the ourt for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under Section 3301 ( c) of e Divorce Code. 2, Date and manner of service of Complaint: Acceptance of Service by De endant's counsel filed on July 22, 2005, 3, Date of execution ofthe Affidavit of Consent required by Section 3301( ) of the Divorce Code: by the Plaintiff: April 21,2005; by the Defendant: April 28, 2005, 4, Date of execution of Waiver of Notice in Section 3301(c) Divorce: by t e Plaintiff: April 21, 2005; by the Defendant: April 28, 2005. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. Date: April 28, 2005 0/J~ By: Attorneys for Defendant "> 0 = e::) ." en """ =t." -0 ;''0 nl~ ,,~ ~rn -/':10 CO i5-l -0 ~-t!!s1 c ~":: elf) :::jfTl ~-;; i~ ..c:::_ -< {,r] :;0 Cf'o ''< .... +'40;'+. +.+ +. +.+.++ ++ +. ++ ++: +. ++ +.+ ++ + +. +: +. ++ +. +. + + +. +. +. ++ +. +: +. +. +. +. + +. +. +. + +. +. + +. _+ +. '+' ++ + +. + -t +" + + + + + + + + + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + STATE OF + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +++++++++++++++++++++++++++~+++++++++++++++++~+++t+++++++? BARBARA L. BANKERT, NO, 2004-3461 CIVIL Plaintiff VERSUS RUSSELL P. BANKERT, Defendant DECREE IN DIVORCE ~ f 2005 --, IT IS ORDERED AND AND NOW, + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ;t'+ '+ +. +. + +. 'f + +. + + +. + + + +. + +. :l' BARBARA L. BANKERT , PLAINTIFF. DECREED THAT RUSSELL P. BANKERT , DEFENDANT, AND 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 HilS NOT YET BEEN ENTERED; None. The parties' Property Settlement and Separation Agreement dated 28,~ :005 is incorporated but not merge~/~n}j>.thi.~rr:cre.~. ;.So, ';'''" // /..~...<.// /".7 /:.{/ / BY TH /~~. ' " / ,..- /' ,'/ April An C'jJ~~p;:, ~o"o;^"", + + + + + + + + + + + + + + + ~.., "'74??Pf7 .?7}." 5- /,(r0V.,A. ,p/ h4>) . - ";r" ~" .' )--or? (? . /" ..' r v / ,/. '> , 7". =W7;Jf7)!: ~~n-P ~J .y'TJ" - .' - / / t/ _ ;: / { .'> 1/ ~'o '7 . ~ 4 . . .' BARBARA L. BANKERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2004-3461 CIVIL TERM RUSSELL P. BANKERT, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION TO APPROVE QUALIFIED DOMESTIC RELA nONS ORDER Defendant Russell p, Bankert, by his attorneys, Snelbaker & Brenneman, p, C" submits this Motion to Approve Qualified Domestic Relations Order and in support thereof states the following: 1. The parties to this divorce action were divorced by Decree In Divorce dated May 3, 2005. 2, On April 28, 2005 the parties entered into a Property Settlement and Separation Agreement, a true and correct of which was filed in this action on April 28, 2005. 3. Pursuant to the Property Settlement and Separation Agreement, Plaintiff is to receive a portion of Defendant's retirement benefit pursuant to a Qualified Domestic Relations Order. 4. A Qualified Domestic Relations Order has been approved by the administration center responsible lor the administration of Defendant's retirement savings plan, 5, The parties desire that a Qualified Domestic Relations Order consistent with the parties' Property Settlement and Separation Agreement be issued by this Court, 6, Plaintiffs counsel, Lindsay Gingrich McClay, Esquire consents to this Motion being filed with this Court. LAW OFFICES SNELBAKER & BRENNEMAN, P .C. LAW OFFICES SNELBAKER & BRENNEMAN, P.C, WHEREFORE, Defendant requests this Court to enter the Qualified Domestic Relations Order attached to this Motion. Date: July 27,2005 SNELBAKER & BRENNEMAN, P. C. r1 ffJr\- BY: Keith 0, Brenneman, Esquire 44 W, Main Street Mechanicsburg, PA 17055 (717) 697-8528 Defendant Russell P. Bankert -2- LAW OFFICES 5NELBAKER & BRENNEMAN, P .C. VERIFICATION I verify that the statements made in the foregoing Motion 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, I~ Keith 0, Brenneman, Esquire Date: July 27, 2005 CERTIFICATE OF SERVICE I, KEITH 0, BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused a true and correct copy of the foregoing Motion to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, P A 171 09 SNELBAKER & BRENNEMAN. P.e. By: Keith 0, Brenneman, Esquire 44 W. Main Street p, 0, Box 318 Mechanicsburg, P A 17055 (717) 697-8528 Attorneys for Defendant Russell p, Bankert ate: July 27, 2005 LAW OFFICES SNELBAKER & ~RENNEMAN, P.C. ...., <:'--;:. ':::':.:" t;;.r! (.- ( r ~, ,.. _.1 o ." --< ~-n rnJ"~:' -""'J~I -:'1',,,] ,::..; (!) -r-1 r,:~ ;',,; Col - ~ BARBARA L. BANKERT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 2004.-3461 CIVIL TERM RUSSELL p, BANKERT, Defendant CIVIL ACTION - LAW IN DIVORCE RECEIVED JUL 282005 tM' OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this I sf- day of ~gJ--, 2005, based upon the Property Settlement and Separation Agreement between the parties dated the 28th day of April, 2005, we hereby find as follows: A. The parties hereto were formerly husband and wife and were divorced by a final decree in divorce entered by this Court in the above-captioned action on the 3rd day of May, 2005, B. Among the marital assets owned by the parties was the Defendant's interest in a 40 I (K) plan known as the Dover Corp, Retirement Savings Plan held by American Express through his employer, Corning Oak Industries (hereinafter the "Plan"), C, The Defendant, Russell P. Bankert, was, during the parties' marriage, a participant in said Plan and accrued certain rights and benefits in the Plan, Defendant Russell p, Bankert is hereinafter referred to as "Participant". D, The parties' Property Settlement and Separation Agreement (the "Agreement") dated he 28th day of April, 2005, provided, inter alia, for a division of Defendant's retirement account 'n the Plan and a transfer of an interest therein to a qualifif:d account established by Plaintiff, E. Pursuant to the Agreement, Plaintiff Barbara L. Bankert is to be an Alternate Payee of LAW OFFICES SNELBAKER & BRENNEMAN, P.C. portion of Participant's account in the Section 401(k) Plan, F, The parties require a Qualified Domestic Relations Order to implement properly the terms of the Agreement with respect to the division of Defendant's interest in the Plan, G, The Plan administrator is the Pension Committee of Dover Corporation (the "Plan Administrator"), H, The pertinent information relevant to the Participant is; Name: Current Address: Social Security No,: Date of Birth: Russell p, Bankert 12 East Eppley Drive, Carlisle, Pennsylvania 17013 220-90-0678 August 8, 1962 1. The pertinent information relevant to the Alternate Payee is: Name: Barbara 1. Bankert Current Mailing Address: 20 Brian Drive, Carlisle, Pennsylvania 17013 Social Security No,: 064-64-7953 Date of Birth: November 2, 1962 NOW THEREFORE, based upon the above findings, the parties' Agreement and the Domestic Relations Law of the Commonwealth of Pennsylvania and to implement the terms and provisions of the Agreement, it is hereby ORDERED, DECREED and DIRECTED as follows: 1, As soon as administratively possible after the date of this Order, the Plan Administrator shall transfer from within Participant's 401(K) retirement plan account 100% of he Income Fund by way of one (l) transfer to Alternate Payee, said sum to be subject to arnings and losses subsequent to the date of transfer, and with said sum to be free of any utstanding loans, with any such loan or loans to be or remain attached to Participant's Plan enefits, The sum identified above, when transferred into th,e account in Alternate Payee's name -2- LAW OFFICES SNELBAKER & BRENNEMAN, P .C. shall be the sole and separate property of Alternate Payee, free of any claim by Participant and the sums remaining in Participant's 401(k) retirement pl!m account upon the transfer shall be and remain the sole and separate property of Participant, free' of any claim by Alternate Payee. 2, Upon the death of the Alternate Payee prior to the receipt of distribution to the Alternate Payee, such benefits shall be distributed to the Alternate Payee's beneficiary on record or. if none, to the estate of the Alternate Payee, In the event of the death ofthe Participant after qualification, but prior to the receipt of a distribution to the Alternate Payee, the Alternate Payee shall be entitled to the benefits assigned hereunder. 3, The Participant shall cause a copy ofthis Ord'er to be served on the Plan Administrator(s). This Order shall remain in effect until a further order of this Court, Nothing contained in this Order shall be construed to require the Plan or Plan Administrator: (a) To provide to the Alternate Payee any type or form of benefit not otherwise available to the Participant under the Plan; (b) To provide to the Alternate Payee increased benefits not available to the Participant; or (c) To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order determined by the Plan Administrator to be a QDRO before this Order is determined by the Plan Administrator to be a QDRO, -3- LAW OFFICES SNELBAKER & BRENNEMAN, P,C. LAW OFFICES SNELBAKER & ~RENNEMAN, P.C. 4, This Order is intended to be a Qualified Domestic Relations Order under the Internal Revenue Code and the regulations promulgated pursuant thereto and shall be treated as such, 5, This Court shall retain jurisdiction of this matter for purposes of amending, modifying or enforcing this Order or any subsequent amendment tht~reto, BY THE COURT;/' \~ ------- -4- .~ ~' / J. ~Vl x G' \ ~~, \\ \ ~~~ , '~-~'D ," , \.\>\, 1\...)' (,(:'d ~\J11 I';~ <1'1 \ - ,.' '.(.', "'S, '.\ _ C,\.1 1\ :."\\-'u..-....l... , ",' U.l ~\ ""\'.;nl::~ rr:t\b " "":', 'vi, '~e\ .1;/ .....- ~,~. 1<0 \1..... ~j'...)\.,.._.-V