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HomeMy WebLinkAbout02-0206 SAIDIS SHUFF, FLOWER & LINDSAY ATTORI~YS~AT*LAW 26 W. High Street Carlisle, PA LORRI L. SCHVVEITZER, Plaintiff VS. DAVID B. SCHWEITZER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. ~ ClVlLTERM : 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, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: -;~E~ndsay, Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHIJFF, FLOWER & LINDSAY ATI'0P, N~/S*AT*LAW 26 W. High Street Carlisle, PA LORRI L. SCHWEITZER, Plaintiff VS. DAVID B. SCHWEITZER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. ~ CIVIL TERM 03. - : IN DIVORCE COMPLAINT LORRI L. SCHWEITZER, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Lorri L. Schweitzer, who currently resides at 7381 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is David B. Schweitzer, Sr., who currently resides at 2127 State Road, Duncannon, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 14, 1990 in Hershey, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that she s entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Caro JTLin say, ID # 4~ 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY AT~OP,~Y~AT*LAW 26 W. High Street Carlisle, PA SAIDIS SHUFF, FLOWER & LINDSAY ATrORh~YS*AT*LAW 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. Lor~i I'. Schweitze~ 0 SAIDIS SHUFF, FLOWER & LINDSAY ATTOR~Y~sATsLAW 26 W. High Street Carlisle, PA LORRI L. SCHWEITZER, Plaintiff VS. DAVID B. SCHWEITZER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 206 CIVIL TERM : : IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this /~/~ day of~,//~'c f'/~//'be,r' , 2002, BETWEEN DAVID B. SCHWEITZER, SR., of 2127 State Road, Duncannon, Pennsylvania, hereinafter referred to as Husband, AND LORRI L. SCHWEITZER, of 7381 Wertzville Road, Carlisle, Cumberland County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.I: The parties hereto are husband and ~vife, having been joined in marriage on September 14, 1990 in Hershey, Dauphin County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 2002-206, Civil Term on January 10, 2002; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of custody of their minor children: Alexander David Schweitzer, born Febnaary 25, 1990; and Avery Bryan SAIDIS SHUFF, FLOWER & LINDSAY ATIDRI~YS*AT*LAW 26 W. High Street Carlisle, PA Schweitzer, born August 28, 1993; counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: ('1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each 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 agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties were the owners of certain real estate with improvements thereon erected and known and numbered as 7381 Wertzville Road, Carlisle, Cumberland County, Pennsylvania. The parties have sold the marital home and used the proceeds to pay off certain marital debt, after which they equally divided the proceeds between them. The parties are also owners of a two-unit rental property at 644 North Railroad Street, Palmyra, Lebanon County, Pennsylvania, which is currently 2 SAIDIS SI-lUFF, FLOWER & LINDSAY ATIDRNIIi'S.AT.LAW 26 W. High Street Carlisle, PA encumbered by a mortgage. The parties will list the property for sale in the Spring of 2003 at a price recommended by a realtor which the two of them shall select. They shall also agree to reduce the price as recommended by the realtor from time to time to accomplish the sale, unless they agree to the contrary. Upon sale of the property, the mortgage thereon shall be paid along with the costs of sale, and the parties will equally divide the proceeds of sale. Pending the sale, Wife will pay the mortgage, taxes, and insurance on the marital property from the rents collected. Wife will consult with Husband regarding the repairs which exceed $100, the estimated cost and ultimately, after the repairs are completed, the actual cost of repairs. The balance of the rents collected shall be Wife's separate property in lieu of child support which does not commence until the sale of the Palmyra property. Wife will pay any repairs to the property from the proceeds so long as the cost of those repairs do not exceed $100. If the cost of repairs exceed $100, the parties will equally share the cost and shall make payment on account of the repairs within 30 days of their being incurred. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement.. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. 3 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AT*LAW 26 W. High Street Carlisle, PA C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Within ten (10) days of the date of this Agreement, each party shall execute any documents relinquishing any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party, and each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Husband shall retain the 1985 BMW and the 1993 Ford-F-250 as well as any motor-cross bikes which are titled in his name even though they are used by the children and Wife has retained and disposed of the 1997 Honda Civic as well as the home trailer and she shall retain the four-wheeler. The parties agree that the motor- cross bikes and four-wheeler are used by the parties' children, and although Husband will retain those bikes titled in his name, and Wife will retain those vehicles titled in hem, they agree to permit the children to use the vehicles at the homes of both parties. (6) TANGIBLE PERSONAL PROPERTY': The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they 4 SAIDIS SHUFF, FLOWER & LINDSAY AI~i'OP, J~'YS*AT*LAW 26 W. High S~eet Carlisle, PA mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. Husband shall retain those firearms which have been gifts to the parties' children. He will preserve and safeguard those firearms for the benefit of the children, and he will provide them to the children when they attain the age of 18 years. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest 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, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans and the like. Nevertheless, the parties will equally divide the balance in Wife's HERCO 401(k) plan as of the date of the parties' separation, December 15, 2001. Counsel for Husband shall prepare a Qualified Domestic Relations Order transferring one-half of the marital share together with any earnings or loss thereon from the date of distribution. Each party has a pension plan, Husband through his employment at AMP, and Wife through her employment at the Hershey Hotel. The parties waive any interest they may have in the pension plan of the other. The parties acknowledge and waive their right to have their pension plans actuarially valued. 5 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS*AT*LAW 26 W. High Street Carlisle, PA (8) CUSTODY OF CHILDREN: The parties agree that they shall share legal custody of their minor children, Alexander David Schweitzer, born February 25, 1990, and Avery Bryan Schweitzer, bom August 28, 1993, and that Wife shall be primary custodian and that Husband shall have periods o1" partial custody as the parties can agree. Both parties shall have the right to make major parenting decisions affecting the children's health, education and welfare. (9) CHILD SUPPORT: Husband will pay to Wife for the support of the parties' two children $400 per month commencing on the 15th day of the month after the closing on the sale of the Palmyra property, and on the 15th of every month thereafter. Wife will not seek to have Husband's child support obligation entered as a Court Order and administered through the Office of Domestic: Relations of Cumberland County unless Husband is delinquent in his obligation herein. The parties understand that child support may be modified at the request of either party. Husband shall be permitted to claim the parties' child, Alex, as a dependent and claim the exemption for Alex on his Federal Income Tax Returns commencing the year 2002 and continuing. Wife shall continue to claim Avery as a dependant and his exemption on her Federal Income Tax Return for 2002 and continuing. (10) WAIVER OFALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (11) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have 6 SAIDIS SHUFF, FLOWER & LINDSAY AI'rORNEYS,AT,LAW 26 W. High Street Carlisle, PA been provided a copy of this agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire and Husband is represented by Paul J. Esposito, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (12) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (13) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7 SAIDIS SHUFF, FLOWER & LINDSAY ATFORb~YS*AT*LAW 26 W. High Street Carlisle, PA (14) BANKRUPTCY: The parties hereby' agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the eve~nt a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including ;~limony shall be subject to court determination the same as if this Agreement had never been entered into. (15) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (16) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge 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 do so but as a voluntary act. (17) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the 8 SAIDIS SHUFF, FLOWER & LINDSAY ATroRI~YS*AT*LAW 26 W. High Street Carlisle, PA parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (18) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of curtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (2) (3) to take against the other's will; under the laws of intestacy; to a family exemption or' similar allowance; 9 SAIDIS SHUFF, FLOWER & LINDSAY ATrOP, I~YS*AT*IAW 26 W. High Street Carlisle, PA and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the .joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) 6OVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute, divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. 10 SAIDIS SHUFF, FLOWER & LINDSAY ATfORNEYS,ATolAW 26 W. High Street Carlisle, PA (21) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (22) ENTIRE UNDERSTANDING: understanding between the parties and This Agreement constitutes the entire there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year' first written above. WITNESS: David B. Schweit~er, Sr. Lorri L. Schweitzer ~ 11 SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYSeAToLAW 26 W. High Street Carlisle, PA LORRI L. SCHWEITZER, Plaintiff VS. DAVID B. SCHWEITZER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 206 CIVIL TERM : : IN DIVORCE CERTIFICATE OF SERVICE AND now, this /, .s~ day of _X~¢~~ , 2002, I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, David B. Schweitzer, Sr., on January 25, 2002, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: David B. Schweitzer, Sr.. 2127 State Road Duncannon, PA 17020 and proof thereof, the signed Return Receipt Card, is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By - /"Caro~ J. Lindsay, b--~uire ~' I_D #~4693 ~/est High Street Cadisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS.AT*LAW 26 W. High Street Carlisle, PA LORRI L. $CHWEITZER, Plaintiff vs. DAVID B. SCHWEITZER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002 - 206 CIVIL TERM : : IN DIVORCE PROOF OF SERVICE · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse · o that we can return the card to you. · .Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Copy from service label) A. Received by {/3leese Pn'nt Clearly) C. Signature .,a6~ -'_---- - - D. Is delivery address different from item 17 Yes - If YES, enter delivery address be/ow: ~ No 3. Service Type [] Registered [] Return Receipt for Merchan~me [] Insured Mail [] C.O.D. LORRI L. SCHWEITZER, Plaintiff VS. DAVID B. SCHWEITZER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2002- 206 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on January 10, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct 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. 4904 relating to unsworn falsification to authorities. i'.orri L. Schweitzer, Pl~tiff LORRI L. SCHWEITZER, Plaintiff VS. DAVID B. SCHWEITZER, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : NO. 2002 - 206 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODF 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights; concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct 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. 4904 relating to unsworn falsification to authorities. Lorri L. Schw~it~e-r, Pl~ntiff I t, 2 GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Defendant 320 Market Street, Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 2344161 LORRI L. SCHWEITZER, Plaintiff DAVID B. SCHWEITZER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERL4aND COUNTY, PENNSYLVANIA NO. 02-206- Civil Term CIVIL ACTION- LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSEl,lNG 15,2002. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce aRer service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court.. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about January 25, 2002, by certified mail, return receipt, deliver to addressee only. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: December I(~, 2002 DAVID B. SCHWEITZER, SR. 88864.1 GOLDBERG, KATZMAN & SHIPMAN, P.C. Paul J. Esposito - I.D. #25454 Attorneys for Defendant 320 Market Street, Post Office Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 LORRI L. SCHWEITZER, Plaintiff DAVID B. SCHWEITZER, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-206 - Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(¢) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning .alimony, division of property, lawyer's fees or expenses if I do not claim them before a diw~rce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: December i(., 2002 DAVID B. SCHWEITEER, SR. 88865.1 SAIDIS SHUFF, FLOWER & LINDSAY A'rfORI~YS,,AT~,LAW 26 W. High Street Carlisle, PA LORRI L. SCHWEITZER, Plaintiff VS. DAVID B. SCHWEITZER, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 - 206 CIVIL TERM IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c),,,.,.'~'~n~, ~,~J~/'~/~, ~j of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified Mail, Return Receipt, signed by Defendant, David B. Schweitzer, Sr., on January 25, 2002 and filed February 1, 2002. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff December 4, 2002; by the Defendant December 16, 2002 b) ,,, r~...+,., ,.,,~ .-,..,-,,-.. .+;,-.r, ,-,4 +1-,,-, tDI.-,;,-,+;R~,. .-,C-R,,-I.-,,,;+ ,-.-,,-.,,;,-,-,,.,I /ox r~.~+,, ,~ .... :"'" Cf thc D~.'?'c-+',,..,m,~.~,,.'+ '..'pC~ ?'~ r~,-,~,~,-,~,-,,~t. 4. Related claims pending: None §. Complete either (a) or (b). (b) Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: December ,2002 Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: December ,2002 \ ~ Carol J. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY LORRI L. SCHWEITZER, Plaintiff VERSUS DAVID B. SCHWEITZER, SR. De fe ndant NO. 2002 - 206 civil Term IN DIVORCE DECREE in DIVORCE AND NOW~ '~Jf LORRI L. SCHWEITZER DECREED THAT DAVID B. SCHWEITZER, SR. AND , ~ , IT IS ORDERED AND , PLAINTIFF, , DEfendant, ARE DIVORCED FROM The BONDS OF MATRIMONY. THE COURT RETAinS JURiSDiCTiON Of The fOLLOWING CLAIMS WhiCh haVE BEEN raised of record IN This action For WhiCh A FINAL Order has NOT YET been ENTEred; NONE. The terms of the Property Settlement Agreement dated December 16, 2002 are incorporated but not merged into.this Decree in Divorce. ATTEST~ J. ~ROTHONOTARY GOLDBERG, KATZMAN & SI-IIPMAN, P,C. Paul J. Esposit~ - I.D. #25454 Attorneys for Defendant 320 Market Street, Post Office Box 1268 Ha~isburg, PA 17108-1268 (717) 234-4161 LORRI L. SCHWEITZER, Plaintiff DAVID B. SCHWEITZER, SR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-206 - Civil Term CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ANDNOW, thJs ~'~dayof ,~Ob~l~_~ ,2003, itappearingtotheCourtthat: 1. A divorce was granted to the parties in this matter on December 31, 2002, in this Court at the above-captioned number. 2. The parties to this action entered into a Property Settlement Agreement dated December 16, 2002. The Divorce Decree, under the above caption and number by Order of Court, incorporates the Property Settlement Agreement therein. 3. Lorri L. Schweitzer, hereinafter referred to as the "Plaintiff' or "Primary Participant", Social Security Number 177-58-5089, is a participant in the Hershey Entertainment & Resorts Company Savings Plan for Hourly Employees, hereinafter referred to as the "Plan". 4. David B. Schweitzer, Sr., Social Security Number 194-44-8493 is the Defendant in this matter and is hereinafter referred to as the "Alternate Payee." 5. Lorri L. Schweitzer's current and last known mailing address is 6875 Wed~ville Road, Enola, Pennsylvania 17025. 6. David B. Schweitzer's current and last known mailing address is 30 East High Street, New Bloomfield, Pennsylvania 17068. IT IS HEREBY ORDERED, ADJUDGED AND DECREED AS FOLLOWS: 1. The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Section 414(p) of the Internal Revenue Code of 1986 ("Code"). 2. This Order creates and recognizes the existence of the Alternate Payee's right to receive one-half (½) of the balance in the Plan as of December 15,2001, together with any earnings or losses thereon as of the date of distribution. 3. One-half (½) of the balance in the Plan as of December 15, 2001, together with any earnings or losses thereon as of the date of distribution, is hereby awarded to the Alternate Payee. This sum shall be distributed to the Alternate Payee by direct transfer to AmeriChoice Federal Credit Union, 20 Sporing Green Drive, Mechanic sburg, Pennsylvania 17055, for deposit in the IRA Account, Number 328050-20, in the name of Alternate Payee, as an IRA Rollover, as soon as administratively possible, following the receipt by the Plan Administrator of a certified copy of this Order and the determination by the Plan Administrator that this Order constitutes a Qualified Domestic Relations Order. 2 4. In no event shall the Alternate Payee have greater fights than those which are available to the Primary Participant in the Plan. The Alternate Payee and Primary Participant are not entitled to any benefits not otherwise provided under the Plan. 5. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives his distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants in the Plan, including, but not limited to, the rules regarding withdrawals and distributions and the fight to direct his Plan investments to the extent permitted under the Plan. 6. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and Primary Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties in connection with said payments. 7. It is the intention ofthe parties that this QDRO continue to qualify as a QDRO under Code Section 414(p), as it may be amended from time to time, and that the Plan Administrator shallreserve the right to reconfunn the qualified status of the Order at the time benefits become payable hereunder. 8. In the event that the Primary Participant's benefits, or any portion thereof become payable to the Primary Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his benefits immediately in 11. 414(p)(7). 12. accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. After payment of the amounts required by this QDRO, the Alternate Payee shall have no further claim against the Primary Participant's interest in the Plan. 9. The Alternate Payee assumes sole responsibility for the tax consequences, if any, of all distributions made from the Plan under this QDRO. 10. Until the transfer of funds due the Alternate Payee hereunder is completed, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code Section 401(a)(ll) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in Paragraph 2 of this QDRO. The sole purpose of this paragraph is to ensure payment to the Alternate Payee in case of Primary Participant's death prior to segregation by the Plan of the amount described in Paragraph 2 of this QDRO. The Plan Administrator shall treat this QDRO in accordance with Code Section The Plan Administrator shall promptly notify the Primary Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Primary Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of the QDRO and shall notify the Primary Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 13. Any successor plan to the Plan shall be subject to the terms of this Order. 4 14. The parties shall promptly notify the Plan Administrator of any change in address from those set forth hereinabove and in all ways shall respond in a timely fashion to any Plan or administrative policy requirements necessary to administer this Qualified Domestic Relations Order. 15. The parties shall promptly submit this Order to the Plan Administrator for determination and acceptance of its status as a Qualified Domestic Relations Order. IT IS 1NTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 or any amendments thereto. The court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order pursuant to Section 414(p) of the Code, Section 206(d) of the Employee Retirement Income Security Act of 1974 and the Retirement Equity Act of 1984, or any amendments thereto. Byy E'cou WITNESS: CONSENT TO: / LB~KI L. SCHWEI~R Plaintiff ~d Pm~cip~t DAVID B. SCHWEITZER, Defendant and Alternate Payee 92775.1 5