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HomeMy WebLinkAbout04-5839n 'l Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, Plaintiff V. ROBERT W. HOWERTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 641 - ,!' ;?'3g (2l U CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, Plaintiff V. ROBERT W. HOWERTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 64- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1, Plaintiff is PAMELA A. HOWERTER, an adult individual residing at 33 William Penn Drive, Apt. 10, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is ROBERT W. HOWERTER, an adult individual residing at 123 Pleasantview Terrace, New Cumberland, York County, Pennsylvania 17070. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on November 18, 1978 in New Cumberland, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on May 15, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. COUNT H EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiffs Complaint are incorporated herein by reference thereto. 2 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14. The averments in paragraphs 1 through 13, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 15. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. WHEREFORE, Plaintiff, PAMELA A. HOWERTER, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Equitably distributing the marital property; and 3 D. Awarding other relief as the Court deems Dated: November 15, 2004 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 4 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, Plaintiff V. ROBERT W. HOWERTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require 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.A Section 4904 relating to unsworn falsification to authorities. Dated: /0t? AMELA A. HOWERTER Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, Plaintiff V. ROBERT W. HOWERTER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, PAMELA A. HOWERTER, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: lllxrldl?l a ? i`b C? c c? PAMELA A. HOWERTER rz? i ?.,? O Q 1 6N c ry?T1 `' lfJ IR Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT W. HOWERTER, Defendant : NO. 04-5839 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7003 0500 0001 6558 5887, Return Receipt Requested, on the above-named Defendant, Robert W. Howerter, on November 24, 2004 at Defendant's last known address: 124 Pleasantview Terrace, New Cumberland, PA 17070. A copy of the receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 34904 relating to unsworn falsification to authorities. Dated: July 30, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Postal CERTIFIED M AIL., RECEIPT Cc)' co (Domestic Mail Only; No Insurance Coverage, Provided) • Itt.] r SUM " - L[7 .17 Postage $ _ ?Uo?, r? C3 Certified Fee $230 00 Gr t ?? Q Return Reaept Fee (Endorsement R;Zred) V ) $1.75 Restrict ed Delivery Fee M (Endom mentRequired O' $37.50 ?--?8 0. ? Lrt .9 9 8 ° -total Postage & Fees $ . 48.15 IIIZV2004 M C3 sera o C3 t?_ _ r'' or PO ea+r JUo,? ;??'5-cil?f?? r '----_ v s :a - - -C-t--rnirx-k j A.. ? r ct SENDER: COMPLETE THIS SECTION ¦ Complete items 1., 2, and 3. Also :complete A S' item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse- Ad .so that we can return the card to you. ¦ Attach this card to the back'of the mailpiece; . or on the front it space permits. s C] Y i ' 1. Article Addressed to: . e ht from tem 1? D.. Is delivery address.d If YES, eater delivery address below ? No ' nip C?t1wLir4rd A 71? 3. Service Type is Certified mail ? Express Mail RICTED RES ? Registered ®. Return Receipt for MerctiarW. se T 0 Insur+ed'Mail ? C.O.D. 4. Restncted` Delivery'2.(E t -Fee) W_1)jjes 2, Article Number jTr3nsferararn ervirae 4a6eq 7003 0'50 0 0 001 6 5 5 8 5887 PS`Form 3811; February 2004 Domestic Retum Receipt 102595-024A-1540 E) I IT "A„ -n - u tom` 1; 7 F- S" $"# 32 n ir , w . 3 Q IN THE COURT OF C0M ON PLEAS OF CUIMERLAND COUNTY, PEYi NSYL-VANT ai ?• PAMELA A. HOWERTER, Plaintiff Plaintiff vS. ROBERT W. HOWERTER, . Defendant N0. 04 - 5839 19 ?MOTION FOR APPO LVI M T OF ?&STER Pamela A. Howerter (Plaintiff) QD000005M, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( X) Support - ( X) Alimony ( X) Counsel Fees (X) 41imony Pendente Li.te ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. (2) The defendant (has) ( OOM appeared in the action ( ) (by his attorney, Jordan D. Cunningham; ,Esquire). (3) The staturory ground-(s) for divorce (Q) (are) 3301:(0 and 33011d) (4) Delete the inapplicable-paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: (3) The action Nfi%010 (does not involve) complex issues of law or fact. (6) The hearing is expected to take One 'f fW (days). (7) Additional information, . if any. th motion: Date: , 2006 _ nor (Plain-j. ORDER. AP?CI_ , G A"aSTER- a Sumpl , Esquire AND NOW ,19 , Esquire, is appointed master with respect to the following clams : By the Court: J C:? ? ?? ?,", ?. ? ?? ?? ?a r ;?-s r , ..--. ,,,? ;C,.1 -r:.`) . ? ?i r ? + ? ..?.?- ""? n v1 , :? ^- - '? .?=° _ ` ??? f???- ? ': ? E? PAMELA A. HOWERTER, Plaintiff VS. ROBERT W. HOWERTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5839 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this day of , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated June 25, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY TH RT, Y1 A 111? cc: /arbara Sumple-Sullivan Attorney for Plaintiff rdan D. Cunningham Attorney for Defendant Edgar B. Bayley, P.J. } Ci MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ROBERT W. HOWERTER AND PAMELA A. HOWERTER Jordan D. Cunningham, Esquire Cunningham & Chemicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Attorney for Robert W. Howerter Barbara Sumple Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Pamela A. Howerter TABLE OF CONTENTS HEADINGS PAGE 1. ADVICE OF COUNSEL ............................................... .. 2 2. DISCLOSURE OF ASSETS ............................................ .. 4 3. EQUI TABLE DISTRIBUTION .......................................... .. 5 a. Furnishing and Personal Property ..................................... 5 b. Motor Vehicles .................................................... 6 C. Pension/Retirement Funds .......................................... 7 d. Cash Accounts and Investments ...................................... 8 e. Life Insurance ................................................... .9 f. Transfer of Marital Interest ......................................... . 9 g. Miscellaneous Property ............................................ 10 h. Property to Wife .................................................. 10 i. Property to Husband .............................................. 11 j. Assumption of Liabilities .......................................... 1 l k. Liability Not Listed ............................................... 12 1. Indemnification of Wife ........................................... 13 m. Indemnification of Husband ........................................ 13 n. Warranty as to Future Obligations ................................... 14 o. The Estate of Mary Jane Howerter ................................... 15 P. The Estate of Warren Eugene Bonner ................................. 15 i 4. COUNSEL FEES ...................................................... 15 5. WAIVER OF BENEFICIARY DESIGNATIONS ............................. 16 6. RELEASE OF CLAIMS ................................................. 17 7. PRESERVATION OF RECORDS ......................................... 19 8. MODIFICATION ...................................................... 19 9. SEVERABILITY ...................................................... 19 10. BREACH ............................................................ 20 11. WAIVER OF BREACH ................................................. 20 12. NOTICE ............................................................. 20 13. APPLICABLE LAW .................................................... 21 14. AGREEMENT BINDING ON PARTIES AND HEIRS ........................ 21 15. ENTIRE AGREEMENT ................................................. 21 16. PRIOR AGREEMENTS ................................................. 22 17. INCORPORATION OF DOCUMENTS .................................... 22 18. MUTUAL COOPERATION ............................................. 22 19. DATE OF EXECUTION ................................................ 23 20. EFFECTIVE DATE .................................................... 23 21. AGREEMENT NOT TO BE MERGED .................................... 24 22. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT ........... 24 23. HEADINGS NOT PART OF AGREEMENT ................................ 24 24. COUNTERPARTS ..................................................... 25 ii MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made by and between Robert W. Howerter of York County, Pennsylvania (hereinafter referred to as "Husband"), and Pamela A. Howerter of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, Wife was born on February 3, 1948 and currently resides at 33 William Penn Drive, Apartment 10, Camp Hill, Cumberland County, Pennsylvania; WHEREAS, Husband was born on May 26, 1949 and currently resides at 123 Pleasantview Terrace, New Cumberland, York County, Pennsylvania; WHEREAS, the parties hereto are husband and wife, having been married on November 18, 1978 in New Cumberland, Cumberland County, Pennsylvania; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Jordan D. Cunningham, Esquire, and to Wife by her counsel, Barbara Sumple Sullivan, Esquire. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered 2 into freely and voluntarily, and that 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. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. §3101, et sew., whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimonypendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimonypendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 3 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, 4 executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3. EQUITABLE DISTRIBUTION: a. Furnishings and Personal Property: Husband and Wife do hereby acknowledge that they have divided their tangible property, including, but without limitation, jewelry, clothes, pets, furniture, furnishing, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possible. All such property currently in the possession of Husband shall become the sole and exclusive property of Husband. All such property currently in the possession of Wife shall become the sole and exclusive property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 5 b. Motor Vehicles: i. Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1999 Pontiac Grand Am automobile along with all rights under any insurance policy thereon, free of any right, title, claim or interest of Husband. ii. Wife agrees that Husband shall retain possession of and receive as he sole and separate property the 2000 Chevrolet Monte Carlo automobile, along with all rights under any insurance policy thereon, free of any right, title, claim or interest of Wife. iii. Husband and Wife agree to execute, acknowledge and deliver, within thirty (30) days of each other's request, any and all instruments or documents necessary to effectuate the transfer of the vehicle pursuant to the terms of this subparagraph. iv. Husband and Wife agree to indemnify and hold each other and their property harmless from any liability, cost or expense, including attorney's fees, incurred in connection with the vehicle awarded to him or her by the terms of this subparagraph. 6 C. Pension/Retirement Funds: i. The parties agree that Husband shall be and remain the sole owner of the following: (1) Federal Civil Service Retirement Pension/Annuity from which Husband is currently receiving monthly benefits and Husband shall not change or seek to change the joint survivor annuitant status election without Wife's written consent and agreement. The parties further agree to execute a stipulation simultaneously with the execution of this Agreement providing for the entry of a court order confirming the rights of Wife as recipient of the survivor annuity. That stipulation shall be in the form attached as Exhibit "A" of this Agreement. Upon execution by the court, the order shall be forwarded to OPM for administration of these future benefits. ii. The parties agree that Wife shall be and remain the sole owner of the following: (1) Dechert Price & Rhoades Deferred Pension/ Annuity; (2) New England Life Agency Deferred Pension Annuity; and 7 (3) Principal Mutual Funds IRA Account. Husband does hereby waive and release any and all of the right, title, claim or interest he may have to the retirement benefits referenced for Wife in this paragraph. d. Cash Accounts and Investments: i. The parties agree that Husband shall receive, as his sole and separate property, free from any right, title, claim or interest of Wife in the following accounts: (1) M&T Checking Account No 44446438; and (2) Wachovia Certificate of Deposit, No. 247402052018969. ii. The parties agree that Wife shall receive as her sole and separate property, free from any right, title, claim or interest of Husband in the Wife's investment in the following accounts: (1) Principal Mutual Funds Management Fund; and (2) PNC Checking Account, No. 51-4010-5683 8 e. Life Insurance: i. The parties agree that Wife will retain as her sole and separate property, free from any and all right, title, claim or interest of Husband in the following life insurance policies: Principal Life Insurance Policy Nos. 3092881; 3862032; 2317151 and 2781530. f. Transfer of Marital Interest: The parties each recognize that they have negotiated a settlement regarding the distribution of marital property which incorporates a scheme of equitable distribution under which Wife shall receive both in-kind distributions together with cash in the sum of $96,000.00. In consideration of Wife's waiver of all rights arising from the marriage relationship except as provided herein, Husband shall pay to Wife the sum of $96,000.00 upon the parties' execution of this Agreement in the form of a cashier's check or a check issued from Husband's counsel's client trust account. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided 9 herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal distribution of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. g. Miscellaneous Property: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. h. Property to Wife: The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, together with any insurance policies covering that 10 property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. i. Property to Husband: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to her by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. j. Assumption of Liabilities: i. Husband shall be solely responsible for all debt he has incurred in his name alone, including, but not limited to, obligations to issuers of credit cards in his name, and Husband further agrees that he will indemnify and hold Wife and her property harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. 11 ii. Wife agrees that she shall be solely responsible for all debt she has incurred in her name alone, including, but not limited to, obligations to issuers of credit cards in her name and Wife further agrees that she will indemnify and hold Husband and his property harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. iii. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes (past and future) and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability, cost or expense, including actual attorney's fees, that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. k. Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility 12 of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 1. Indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the marital and business debts or obligations assumed by Husband under this Agreement as a result of his default in the payment of the said marital or business debts, Husband shall, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife shall, at her sole expense, defend Husband against 13 any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. n. Warranty as to Future Obligations: Husband and Wife shall take all steps necessary to assure that no credit cards or similar accounts or obligations exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any and all accounts on which joint liability may be incurred. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorney's fees, incurred in the event of breach hereof. 14 o. The Estate of Mary Jane Howerter: Wife hereby acknowledges that any assets Husband inherits from the Estate of Marv Jane Howerter is non-marital property and Wife waives and releases any and all right, title, claim or interest she may have in and to Husband's interest in his late mother's estate. P. The Estate of Warren Eugene Bonner Husband acknowledges that any assets Wife inherited from the Estate of Warren Eugene Bonner is non-marital property and Husband waives and releases any and all right, title, claim or interest he may have in and to Wife's interest in her late father's estate. 4. COUNSEL FEES: Husband and Wife shall each be solely responsible for their respective counsel fees, costs and expenses which each of the parties may incur in connection with the negotiation and execution of this Agreement and the dissolution of their marriage. 15 5. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as a beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other party as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 16 6. RELEASE OF CLAIMS: a. Husband and Wife acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code and Husband and Wife hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future . However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purpose. 17 b. Each parry 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 which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. C. Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws 18 or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. 7. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of two (2) years from the date of divorce all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit. 8. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 9. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force effect without being impaired or invalidated in any way. 19 10. BREACH: If either party hereto breaches any provision hereof, the other parry shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non- breaching party shall be entitled to recover from the breaching parry all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 11. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other parry will not be deemed a waiver of any other breach or any provision of this Agreement. 12. NOTICE: Any notice to be given under this Agreement by either parry to the other shall be in writing and may be effective by registered or certified mail, return receipt requested. Notice to Wife, will be sufficient if made or addressed to the following: Pamela A. Howerter 33 William Penn Drive Apartment 10 Camp Hill, PA 20 and to Husband, if made or addressed to the following: Robert W. Howerter 123 Pleasantview Terrace New Cumberland, PA Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 13. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 14. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 15. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and 21 has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 16. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties. 17. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 18. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other actor thing that may be necessary or desirable to effectuate 22 the provisions and purposes of this Agreement. If either parry unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 19. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parry last executing this Agreement. 20. EFFECTIVE DATE: This Agreement is effective and binding upon both parties as of May 15, 2007. 23 21. AGREEMENT NOT TO BE MERGED: This Agreement shall not be merged into the parties' divorce decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity specifically are not waived or released. 22. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification-or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24 24. COUNTERPARTS: This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgments. F:\Home\AHEWITT\DOCS\G-I\HOWERTER\MARITAL SETTLEMENT AGREEMENT\DRAFT AGREEMENT 061507.wpd 25 'Pamela A. Howerter E)WIBIrl (04 A7 0) Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT W. HOWERTER, Defendant NO. 04-5839 CIVIL ACTION -LAW IN DIVORCE ORDER 1 2 3. 4 This Order applies to benefits of Robert W. Howerter (hereinafter referred to as "Employee") under the Civil Service Identification of Employee: Name: Address: DOB: S SN: Retirement System. Robert W. Howerter 123 Pleasantview Terrace New Cumberland, PA 17070 May 26, 1949 200-40-5600 Employee is eligible for and receiving retirement benefits under the Civil Service Retirement System based upon employment with the United States Government. Identification of Former Spouse: Name: Pamela A. Howerter Address: 33 William Penn Drive, Apt. 10 Camp Hill, PA 17011 DOB: February 3, 1948 SSN: 186-38-2405 5. Pamela A. Howerw (hereinafter referred to as "Former Spouse") is awarded the former spouse survivor annuity under the Civil Service Retirement System to provide Former Spouse with the full Survivor Annuity. T1us Survivor Annuity shall provide the former spouse with fifty percent (5(r) of Employee's monthly annuity. This election shall be irrevocable and shall not be modified by the Employee without express consent of the Former Spouse. 6. The test associated with providing the Former Spouse the survivor annuity shall continue to be taken from the Employee's monthly annuity. 7. The Court has considered the requirements and standard terminology provided in part 838 of title 5, Code of Regulations. The terminology used in the provisions of this order that concern benefits under the Civil Services Retirement System are governed by the standard conventions established m that part. 8. The Court retains jurisdiction over this mar to amend this Order to establish or maintain its status with the original intent of the parties as stipulated herein. The court shall also retain juris coon to enter such far ba orders as are 2 necessary to enforce the assignment of benefits to the Former Spouse as set forth herein. BY THE COURT: L CONSENTED TO: C Sample-Sullivan, Esquire 3 (, am,ela A. Howerter, Plaintiff COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF C t?-m ?ac r-(C, r-4 On this, the; t) day of? n2 , 2007, before me, a Notary Public, the undersigned officer, personally appeared Pamela A. Howerter known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hart *d off rial seal. NOTARY PUBLIC 1. NOTARIAL SEAL BARBARA SUMPLE-SULLNAN Notary Public COMMONWEALTH OF PENNSYLVANIA NEWCU BOROUGH CUMBBERLANERLAN D D COUNTY n : ss my Commission Expires Nov 15, 2007 COUNTY OF On this, the °) I day ofiUlj , 2007, before me, a Notary Public, the undersigned officer, personally appeared Robert W. Howerter known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'ARY PUBLIC Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT W. HOWERTER, Defendant : NO. 04-5839 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 19, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. DATE: `7 -1 a`d PAMELA A. HOWERTER C? ? c ._ 3 C) 1 ?5Zlr 3 C-A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, IN THE COURT OF COMMON PLEAS Plaintiff V. ROBERT W. HOWERTER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5839 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(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 property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: 7-/.2-0-7 ( ')J" ? - ?" "."&_ PAMELA A. HOWERTER ? r-3 Q A Cj rt 1 61 ?: ? t t JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL: JCUNNINGHAMACCLAWPC.COM ATTORNEYS FOR DEFENDANT PAMELA A. HOWERTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5839 ROBERT W. HOWERTER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 19, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. At + f I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: I,- /I 96 ca .c: ' JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL: JCUNNINGHAMACCLAWPC.COM ATTORNEYS FOR DEFENDANT PAMELA A. HOWERTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5839 ROBERT W. HOWERTER, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without 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 finalized. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ?'' 40 G ?+ °T-'_ ?s is v ?^ r' W t' ?t ?M Z V"C? -4 „< MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ROBERT W. HOWERTER AND PAMELA A. HOWERTER Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 North Second Street Harrisburg, PA 17110 Attorney for Robert W. Howerter Barbara Sumple Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Pamela A. Howerter i 1 TABLE OF CONTENTS HEADINGS PAGE 1. ADVICE OF COUNSEL ................................................. 2 2. DISCLOSURE OF ASSETS .............................................. 4 3. EQUITABLE DISTRIBUTION ............................................ 5 a. Furnishing and Personal Property .................................... . 5 b. Motor Vehicles .................................................. . 6 C. Pension/Retirement Funds ......................................... . 7 d. Cash Accounts and Investments ..................................... . 8 e. Life Insurance ................................................... .9 f. Transfer of Marital Interest ......................................... . 9 g. Miscellaneous Property ............................................ 10 h. Property to Wife ................................................. 10 i. Property to Husband .............................................. 11 j. Assumption of Liabilities .......................................... 11 k. Liability Not Listed ............................................... 12 1. Indemnification of Wife ........................................... 13 m. Indemnification of Husband ........................................ 13 n. Warranty as to Future Obligations ................................... 14 o. The Estate of Mary Jane Howerter ................................... 15 p. The Estate of Warren Eugene Bonner ................................. 15 i K ? 4. COUNSEL FEES ...................................................... 15 5. WAIVER OF BENEFICIARY DESIGNATIONS ............................. 16 6. RELEASE OF CLAIMS ................................................. 17 7. PRESERVATION OF RECORDS ......................................... 19 8. MODIFICATION ...................................................... 19 9. SEVERABILITY ...................................................... 19 10. BREACH ............................................................ 20 11. WAIVER OF BREACH ................................................. 20 12. NOTICE ............................................................. 20 13. APPLICABLE LAW .................................................... 21 14. AGREEMENT BINDING ON PARTIES AND HEIRS ........................ 21 15. ENTIRE AGREEMENT ................................................. 21 16. PRIOR AGREEMENTS ................................................. 22 17. INCORPORATION OF DOCUMENTS .................................... 22 18. MUTUAL COOPERATION ............................................. 22 19. DATE OF EXECUTION ................................................ 23 20. EFFECTIVE DATE .................................................... 23 21. AGREEMENT NOT TO BE MERGED .................................... 24 22. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT ........... 24 23. HEADINGS NOT PART OF AGREEMENT ................................ 24 24. COUNTERPARTS ..................................................... 25 ii MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made by and between Robert W. Howerter of York County, Pennsylvania (hereinafter referred to as "Husband"), and Pamela A. Howerter of Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, Wife was born on February 3, 1948 and currently resides at 33 William Penn Drive, Apartment 10, Camp Hill, Cumberland County, Pennsylvania; WHEREAS, Husband was born on May 26, 1949 and currently resides at 123 Pleasantview Terrace, New Cumberland, York County, Pennsylvania; WHEREAS, the parties hereto are husband and wife, having been married on November 18, 1978 in New Cumberland, Cumberland County, Pennsylvania; 1 WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: ADVICE OF COUNSEL: The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Jordan D. Cunningham, Esquire, and to Wife by her counsel, Barbara Sumple Sullivan, Esquire. Each party acknowledges that he or she has had the opportunity to receive independent legal counsel of his or her selection, and that each fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered 2 into freely and voluntarily, and that 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. In addition, each party hereby acknowledges that he or she is aware of the impact of the Pennsylvania Divorce Code, 23 Pa. C.S.A. §3101, et seq., whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimonypendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente l ite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other right arising from the parties' marriage. 3 2. DISCLOSURE OF ASSETS: Each of the parties hereto acknowledges that he or she is aware of his or her right to engage in discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure and each of the parties specifically waives his or her right to engage in any further discovery. Each of the parties further acknowledges that he or she is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the Courts of this Commonwealth or any other Court or competent jurisdiction. The respective parties do hereby warrant that there has been full and fair disclosure to the other of his or her income, assets and liabilities, and each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waives, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that, based upon the warrants of disclosure, the division of the marital assets as set forth in this Agreement is considered fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenant and agree for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, 4 executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was any duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 3. EQUITABLE DISTRIBUTION: a. Furnishings and Personal Property: Husband and Wife do hereby acknowledge that they have divided their tangible property, including, but without limitation, jewelry, clothes, pets, furniture, furnishing, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property in as equitable a manner as possible. All such property currently in the possession of Husband shall become the sole and exclusive property of Husband. All such property currently in the possession of Wife shall become the sole and exclusive property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon whatever claim, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 5 b. Motor Vehicles: i. Husband agrees that Wife shall retain possession of and receive as her sole and separate property the 1999 Pontiac Grand Am automobile along with all rights under any insurance policy thereon, free of any right, title, claim or interest of Husband. ii. Wife agrees that Husband shall retain possession of and receive as he sole and separate property the 2000 Chevrolet Monte Carlo automobile, along with all rights under any insurance policy thereon, free of any right, title, claim or interest of Wife. iii. Husband and Wife agree to execute, acknowledge and deliver, within thirty (30) days of each other's request, any and all instruments or documents necessary to effectuate the transfer of the vehicle pursuant to the terms of this subparagraph. iv. Husband and Wife agree to indemnify and hold each other and their property harmless from any liability, cost or expense, including attorney's fees, incurred in connection with the vehicle awarded to him or her by the terms of this subparagraph. 6 C. Pension/Retirement Funds: i. The parties agree that Husband shall be and remain the sole owner of the following: (1) Federal Civil Service Retirement Pension/Annuity from which Husband is currently receiving monthly benefits and Husband shall not change or seek to change the joint survivor annuitant status election without Wife's written consent and agreement. The parties further agree to execute a stipulation simultaneously with the execution of this Agreement providing for the entry of a court order confirming the rights of Wife as recipient of the survivor annuity. That stipulation shall be in the form attached as Exhibit "A" of this Agreement. Upon execution by the court, the order shall be forwarded to OPM for administration of these future benefits. ii. The parties agree that Wife shall be and remain the sole owner of the following: (1) Dechert Price & Rhoades Deferred Pension/ Annuity; (2) New England Life Agency Deferred Pension Annuity; and 7 (3) Principal Mutual Funds IRA Account. Husband does hereby waive and release any and all of the right, title, claim or interest he may have to the retirement benefits referenced for Wife in this paragraph. d. Cash Accounts and Investments: i. The parties agree that Husband shall receive, as his sole and separate property, free from any right, title, claim or interest of Wife in the following accounts: (1) M&T Checking Account No 44446438; and (2) Wachovia Certificate of Deposit, No. 247402052018969. ii. The parties agree that Wife shall receive as her sole and separate property, free from any right, title, claim or interest of Husband in the Wife's investment in the following accounts: (1) Principal Mutual Funds Management Fund; and (2) PNC Checking Account, No. 51-4010-5683 8 e. Life Insurance: i. The parties agree that Wife will retain as her sole and separate property, free from any and all right, title, claim or interest of Husband in the following life insurance policies: Principal Life Insurance Policy Nos. 3092881; 3862032; 2317151 and 2781530. f. Transfer of Marital Interest: The parties each recognize that they have negotiated a settlement regarding the distribution of marital property which incorporates a scheme of equitable distribution under which Wife shall receive both in-kind distributions together with cash in the sum of $96,000.00. In consideration of Wife's waiver of all rights arising from the marriage relationship except as provided herein, Husband shall pay to Wife the sum of $96,000.00 upon the parties' execution of this Agreement in the form of a cashier's check or a check issued from Husband's counsel's client trust account. By this Agreement, the parties have intended to effectuate and by this Agreement have equally divided their marital property. The parties have determined that such equal division conforms to a right and just standard with regard to the rights of each party. The division of existing marital property is not, except as may be otherwise expressly provided 9 herein, intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the equal distribution of the marital properties and the marital settlement herein contained, the parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. g. Miscellaneous Property: All property not specifically addressed herein shall be hereafter owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. h. Property to Wife: The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, together with any insurance policies covering that 10 property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. i. Property to Husband: The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to her by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. j. Assumption of Liabilities: i. Husband shall be solely responsible for all debt he has incurred in his name alone, including, but not limited to, obligations to issuers of credit cards in his name, and Husband further agrees that he will indemnify and hold Wife and her property harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. 11 ii. Wife agrees that she shall be solely responsible for all debt she has incurred in her name alone, including, but not limited to, obligations to issuers of credit cards in her name and Wife further agrees that she will indemnify and hold Husband and his property harmless from any liability, cost or expense, including attorney's fees, associated with these obligations. iii. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes (past and future) and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability, cost or expense, including actual attorney's fees, that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. k. Liability Not Listed: Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility 12 of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 1. Indemnification of Wife: If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the marital and business debts or obligations assumed by Husband under this Agreement as a result of his default in the payment of the said marital or business debts, Husband shall, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife shall, at her sole expense, defend Husband against 13 any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. n. Warranty as to Future Obligations: Husband and Wife shall take all steps necessary to assure that no credit cards or similar accounts or obligations exist which provide for joint liability. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that parry is individually liable and the parties agree to cooperate in closing any and all accounts on which joint liability may be incurred. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including attorney's fees, incurred in the event of breach hereof. 14 o. The Estate of Marv Jane Howerter: Wife hereby acknowledges that any assets Husband inherits from the Estate of Mary Jane Howerter is non-marital property and Wife waives and releases any and all right, title, claim or interest she may have in and to Husband's interest in his late mother's estate. P. The Estate of Warren Eugene Bonner Husband acknowledges that any assets Wife inherited from the Estate of Warren Eugene Bonner is non-marital property and Husband waives and releases any and all right, title, claim or interest he may have in and to Wife's interest in her late father's estate. 4. COUNSEL FEES: Husband and Wife shall each be solely responsible for their respective counsel fees, costs and expenses which each of the parties may incur in connection with the negotiation and execution of this Agreement and the dissolution of their marriage. 15 5. WAIVER OF BENEFICIARY DESIGNATIONS. Unless otherwise specifically set forth in this Agreement, each parry hereto specifically waives any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other post-death distribution scheme, and each parry expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other parry continues to be named as a beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. Notwithstanding the foregoing, however, in the event that either party hereto specifically designates the other parry as a beneficiary of any asset after the date of execution of this Agreement, then this waiver provision shall not bar that parry from qualifying as such beneficiary. 16 6. RELEASE OF CLAIMS: a. Husband and Wife acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code and Husband and Wife hereby waive any right to division of their property except as otherwise provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in or to property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future . However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same fully and effectively for all purpose. 17 b. 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 which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980 its supplements and amendments, as well as any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Except as otherwise provided herein, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws 18 or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. 7. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of two (2) years from the date of divorce all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audit. 8. MODIFICATION: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 9. SEVERABILITY: If any provisions of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force effect without being impaired or invalidated in any way. 19 10. BREACH: If either party hereto breaches any provision hereof, the other parry shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non- breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 11. WAIVER OF BREACH: The waiver by one parry of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 12. NOTICE: Any notice to be given under this Agreement by either party to the other shall be in writing and may be effective by registered or certified mail, return receipt requested. Notice to Wife, will be sufficient if made or addressed to the following: Pamela A. Howerter 33 William Penn Drive Apartment 10 Camp Hill, PA 20 and to Husband, if made or addressed to the following: Robert W. Howerter 123 Pleasantview Terrace New Cumberland, PA Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 13. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 14. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 15. ENTIRE AGREEMENT: Each party acknowledges that he or she has carefully read this Agreement, including all other documents to which it refers; that he or she has had the opportunity to discuss its provisions with an attorney of his or her own choice, and 21 has executed it voluntarily; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 16. PRIOR AGREEMENTS: The parties specifically agree that this Agreement shall supersede and any and all prior agreements between the parties. 17. INCORPORATION OF DOCUMENTS: All documents and other instruments referred to in this Agreement are incorporated into this Agreement as completely as if they were copied verbatim in the body of it. 18. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies or other benefits or assets, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate 22 the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 19. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they each have executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 20. EFFECTIVE DATE: This Agreement is effective and binding upon both parties as of May 15, 2007. 23 21. AGREEMENT NOT TO BE MERGED: This Agreement shall not be merged into the parties' divorce decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity specifically are not waived or released. 22. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24 24. COUNTERPARTS: This Agreement may be executed in counterparts, each of which will be an original and which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties hereto have set their hands and seals on the dates of their acknowledgments. F:\Home\AHEWITT\DOCS\G-I\HOWERTER\MARITAL SETTLEMENT AGREEMENPDRAFT AGREEMENT 061507.wpd 25 rameia A. nowerter EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT W. HOWERTER, Defendant NO. 04-5839 CIVIL ACTION -LAW IN DIVORCE ORDER 1. This Order applies to benefits of Robert W. Howerter (hereinafter referred to as "Employee") under the Civil Service Retirement System. 2. Identification of Employee: Name: Robert W. Howerter Address: 123 Pleasantview Terrace New Cumberland, PA 17070 DOB: May 26, 1949 SSN: 200-40-5600 3. Employee is eligible for and receiving retirement benefits under the Civil Service Retirement System based upon employment with the United States Government. 4. Identification of Former Spouse: Name: Pamela A. Howerter Address: 33 William Penn Drive, Apt. 10 Camp Hill, PA 17011 DOB: February 3, 1948 SSN: 186-38-2405 5. Pamela A. Howerter (hereinafter referred to as "Former Spouse") is awarded the former spouse survivor annuity under the Civil Service Retirement System to provide Former Spouse with the full Survivor Annuity. This Survivor Annuity shall provide the former spouse with fifty percent (50%) of Employee's monthly annuity. This election shall be irrevocable and shall not be modified by the Employee without express consent of the Former Spouse. b. The cost associated with providing the Former Spouse the survivor annuity shall continue to be taken from the Employee's monthly annuity. 7. The Court has considered the requirements and standard ter 3dnology provided in part 838 of title 5, Code of Regulations. The terminology used in the provisions of this order that concern benefits under the Civil Services Retirement System are governed by the standard conventions established in that part. 8. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status with the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such flutheir orders as are 2 Form Sp°o-'4 as set - ? offitq to tb+c oaf orce the ?SSi?e ?lWY to fc,?Wcill. CQNSETB'D TO. la A? HQ? , plate 1 ??e.Srxlu BY 1I-V- COURT. 3 COMMONWEALTH OF PENNSYLVANIA `- ss COUNTY OF On this, that day of? 2007, before me, a Notary Public, the undersigned officer, personally appeared Pamela A. Howerter known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my h=6,d id offr,ial seal. NOTARY PUBLIC NOTARIAL SEAL BARBARA SUMPLE-SULLIVAN Notary Public COMMONWEALTH OF PENNSYLVANIA NEWCUMBERMD BOROUGH CUMBERLAND COUNTY ss MY Commission Expires Nov 15, 2007 COUNTY OF On this, the day o? , 2007, before me, a Notary Public, the undersigned officer, personally appeared Robert W. Howerter known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. / - NOTARY PUBLIC RE CE '1-vYWA FMIAL JUUEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 "l C::3 "i Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner PAMELA A. HOWERTER, Plaintiff V. ROBERT W. HOWERTER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5839 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail Restricted Delivery on November 24, 2004. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: July 12, 2007; by Defendant: July 11, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 25, 2007 and incorporated, but not merged, into the Decree. See paragraph 21, page 24 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: July 12, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: July 12, 2007. Dated: JulY 007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff • Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner PAMELA A. HOWERTER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5839 ROBERT W. HOWERTER, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire Cunningham & Chernicoff, P.C. 2320 N Second Street Harrisburg, PA 17110 DATED: Jul 007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff r-a Qj _7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PAMELA A. HOWERTER, Plaintiff VERSUS ROBERT W. HOWERTER, No. 04 - 5839 Defendant DECREE IN DIVORCE CI AND NOW, 2007 , IT IS ORDERED AND Pamela A. Howerter DECREED THAT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated June 25, 2007 and incorporated, but not merged, into the Decree. BY THE CO Robert W. Howerter PROTHONOTARY x ? -?v w: % Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA A. HOWERTER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT W. HOWERTER, Defendant : NO. 04-5839 : CIVIL ACTION -LAW : IN DIVORCE ORDER 1. This Order applies to benefits of Robert W. Howerter (hereinafter referred to as "Employee") under the Civil Service Retirement System. 2. Identification of Employee: Name: Robert W. Howerter Address: 123 Pleasantview Terrace New Cumberland, PA 17070 DOB: May 26, 1949 SSN: 200-40-5600 3. Employee is eligible for and receiving retirement benefits under the Civil Service Retirement System based upon employment with the United States Government. 4. Identification of Former Spouse: Name: Pamela A. Howerter Address: 33 William Penn Drive, Apt. 10 Camp Hill, PA 17011 DOB: February 3, 1948 SSN: 186-38-2405 W - 5. Pamela A. Howerter (hereinafter referred to as "Former Spouse") is awarded the former spouse survivor annuity under the Civil Service Retirement System to provide Former Spouse with the full Survivor Annuity. This Survivor Annuity shall provide the former spouse with fifty percent (50%) of Employee's monthly annuity. This election shall be irrevocable and shall not be modified by the Employee without express consent of the Former Spouse. 6. The cost associated with providing the Former Spouse the survivor annuity shall continue to be taken from the Employee's monthly annuity. 7. The Court has considered the requirements and standard terminology provided in part 838 of title 5, Code of Regulations. The terminology used in the provisions of this order that concern benefits under the Civil Services Retirement System are governed by the standard conventions established in that part. 8. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status with the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are 2 r necessary to enforce the assignment of benefits to the Former Spouse as set forth herein. CONSENTED TO: 3 BY THE COURT: 1 0 ?&Zf Pamela A. Howerter, Plaintiff ? S :Z d 91 S fl 'I 1001 .+ , VA COMMONWEALTH OF PENNSYLVANIA t,? : ss COUNTY OF C v..?c-c?tJ eAQf)C( On this, then day of , 2007, before me, a Notary Public, the undersigned officer, personally appeared Pamela A. Howerter known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my an&official seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lulol2? NOTARIAL SEAL BARBARA SUMPLE-SULLNAN Notary Public Fmy EWCUMBERLAND BOROUGH CUMBERLAND COUNTY ss o mmission Expires Nov 15, 2007 On this, then) day of ? , 2007, before me, a Notary Public, the undersigned officer, personally appeared Robert W. Howerter known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARY PUBLIC COMMONW A TM OF P 1? V u? NOTARIAL SE AWEANNE AMETRANO, Notary Public City of Harrisburg, Dauphin County My Commission Expires Feb. 22, 2011 JORDAN D. CUNNINGHAM, ESQUIRE CUNNINGHAM & CHERNICOFF, P.C. 2320 NORTH SECOND STREET HARRISBURG, PA 17110 TELEPHONE: (717) 238-6570 FACSIMILE (717) 238-4809 EMAIL: JCUNNINGHAMACCLAWPC.COM ATTORNEYS FOR DEFENDANT PAMELA A. HOWERTER, Plaintiff V. ROBERT W. HOWERTER, Defendant JAN 0 8 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5839 CIVIL ACTION - LAW IN DIVORCE AMENDED ORDER AND NOW, this t-0 day of January, 2008, this Court enters the following Amended Order: 1. This Amended Order applies to benefits of Robert W. Howerter (hereinafter referred to as "Employee") under the C 2. Identification of Employee: Name: Address: DOB: SSN: ivil Service Retirement System. Robert W. Howerter 123 Pleasantview Terrace New Cumberland, PA 17 070 May 26, 1949 200-40-5600 3. Employee is eligible for and receiving retirement benefits under the Civil Service Retirement System based upon employment with the United States Government. 1 4. Identification of Former Spouse: Name: Pamela A. Howerter Address: 33 William Penn Drive Apartment 10 Camp Hill, PA 17011 DOB: February 3, 1948 SSN: 186-38-2405 5. This Amended Order is being entered to clarify the original intent of the parties as the United States Office of Personnel Management has effected a partial apportionment of Employee's monthly annuity payment not intended by the parties as a result of the Order previously entered by this Court. Pamela A. Howerter (hereinafter referred to as "Former Spouse") and Employee jointly seek and agree to the entry of this Amended Order to clarify their original intent with the specific purpose of directing the United States Office of Personnel Management Court Ordered Benefits Branch to eliminate its partial apportionment of Employee's monthly annuity payments. 6. Former Spouse shall not receive any monthly annuity payments during Employee's life time, under the Civil Service Retirement System and all benefits thereunder shall be paid to the Employee. 7. Former Spouse is reaffirmed as the beneficiary of the former spouse survivor annuity election under the Civil Service Retirement System to provide the Former Spouse with the Maximum Survivor Annuity. This Maximum Survivor Annuity 2 v shall provide the Former Spouse with the Maximum Survivor Annuity applicable at the time of Employee's death. 8. The Court has considered the requirements and standard terminology provided in Part 838 of Title 5, Code of Regulations. The terminology used in the provisions of this Order concern benefits under the Civil Services Retirement System are golVerned by the standard conventions established in that part. 9. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status with the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment CONSENTED TO: Pamela A. Howerter, Plaintiff Sumple-Sullivan, Esquire F:\Home\AHEWITT\DOCS\G-I\HOWERTER\AMENDED ORDER.wpd 3 Lu LU Li ti Ll- CD C_:> C V LN THE COURT OF COLON PLEAS OF CUnERLAND COUNTY, PM NSYLV&'TL4 PAMELA A. HOWERTER, Plaintiff Plaintiff VS. ROBERT W. HOWERTER, Defendant OCT 312006 Od N0. 04 - 5839 19 MOTION FOR APPO LN7M= OF ?KLS7.;"0, ,n V• Pamela A. Howerter (Plaintiff) ?H moves the court to appoint a master with respect to the following claims: (X) Divorce ( X) Distribution of Property ( ) Annulment ( X ) Suppo rt (X) Alimony ( X) Counsel Fees (X) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims{s) for which the appointment of a master is requested. (2) The defendant (has) ( 6OW appeared in the action (?) (by his attorney , Jordan D. Cunningham; ,Esquire). (3) The staturory ground.(s) for divorce OM) (are) 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: (3) The action (aaRQQadW (does not involve) complex issues of law or fact. (6) The hearing is expected to take One (1) Additional information, if any. r4ee Date: 2006 AND NOW k, is appointed master with respect to e following Lor (Plaia-t-n5s-). 3ra Sumpl?IM=,I Esquire e? Esquire, N (days). motion: J