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HomeMy WebLinkAbout04-59804?w 0/?/Q/t-?0144 CARL ANTHONY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. :No. HELEN ANTHONY, : CIVIL ACTION - AT LAW IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you, and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 CARL ANTHONY, Plaintiff vs. HELEN ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - AT LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Carl Anthony, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., LLC makes the following Complaint in Divorce and in support thereof, avers as follows: 1. The Plaintiff, Carl Anthony, is an adult individual who currently resides at P.O. Box 458 Summerdale, PA 17093. 2. The Defendant, Helen Anthony, is an adult individual who currently resides at 138 East Cumberland Road, Enola, Pennsylvania 17025. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on March 23, 1968, in Steelton, Pennsylvania. 5. The Plaintiff and Defendant have been living separate and apart since April 16, 2002. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. WHEREFORE, the Plaintiff, Carl Anthony respectfully requests this Honorable Court to enter a decree of divorce in this matter. COUNT H - EQUITABLE DISTRIBUTION 10. The prior paragraphs, one (1) through nine (9) of this Complaint are incorporated herein by reference thereto. 11. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 12. Defendant requests the Court to equitably divide, distribute, or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Defendant respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code, and the Defendant further requests this Honorable Court to enjoin such property from being removed, disposed of, alienated, sold, or otherwise encumbered pending final hearing and settlement of all claims. V raciolo, Esquire of Patrick F. Lauer, Jr., LLC 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 Date: LI ID# 90919 Tel. (717) 763-1800 l CARL ANTHONY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. HELEN ANTHONY, : CIVIL ACTION - AT LAW IN DIVORCE Defendant VERIFICATION I verify that the statements made in this Complaint for Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ?' 7 Signature: ?-e-'l Aarl Zth4 6. CARL ANTHONY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. HELEN ANTHONY, : CIVIL ACTION - AT LAW IN DIVORCE Defendant CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Divorce Complaint upon the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by delivering the same to the person named as follows, delivery certified and regular mail, addressed as follows: Richard C. Rupp Rupp and Meikle P.O. Box 395 Camp Hill, PA 17001-0395 Date: / l 21 01 Respful submi?e,' s h D. Caraciolo, Esquire 108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 90919 Tel. (717) 763-1800 Gz? r C` 4f U C NO "iii 1 t CZ) ] .r " IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL ANTHONY, Plaintiff VS. HELEN ANTHONY, Defendant * NO. 04.5980 * * * CIVIL ACTION - LAW * IN DIVORCE * * WITHDRAWAL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Joseph D. Caraciolo, Esquire, and the Law Offices of Patrick F. Lauer, Jr., LLC, on behalf of Plaintiff, Carl Anthony in the above-captioned matter. By: 7 J eph D. Caraciolo, Esquire torney I.D. No. 90919 108 Market Street Camp Hill, PA 17011 (717) 763-1800 ENTRY OF APPEARANCE Please enter the appearance of Joseph D. Caraciolo, Esquire, and the law offices of Foreman & Foreman, P.C., on behalf of Plaintiff, Carl Anthony in the above-captioned matter. Respectfully subfhitted, / FOREMAN &??OREM# P. By: r r eph D. Cancciefo, Esquire ttorney I.D. No. 90919 61h Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 (717) 236-9391 Z:\DOMESTIC\Anthuny Entry Withdrawal of Appearance.doc ??? i ) t s. f± ..? Ll ? S _. r.: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL ANTHONY, Plaintiff V8. HELEN ANTHONY, Defendant * NO. 04-6980 * * * CIVIL ACTION - LAW * IN DIVORCE * * NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about April 16, 2002, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statements 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. Date Carl Anthony, Plaintiff--_ / t IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL ANTHONY, * NO. 04-5980 Plaintiff * VS. * CIVIL ACTION - LAW * IN DIVORCE HELEN ANTHONY, Defendant AFFIDAVIT OF SERVICE I, Joseph D. Caraciolo, hereby certify that I am this day serving a copy of the foregoing Affidavit upon the person and in the manner indicated below, which satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing the same in the U.S. postal service, postage prepaid, first class mail, addressed as follows: Richard C. Rupp, Esquire Rupp and Meikle P.O. Box 395 Camp Hill, PA 17011-0395 Respectfully su"itted, FOREMAN &?FOREMAN, P.C. Date: vi 3 G By: Joseph, . Caraciolo, squire Attorrfey I.D. No. 90919 e Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 (717) 236-9391 . t .. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL ANTHONY, * NO. 04-5980 Plaintiff * VS. HELEN ANTHONY, Defendant * CIVIL ACTION - LAW * IN DIVORCE * NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: HELEN ANTHONY C/o Rupp and Meikle P.O. Box 395 Camp Hill, PA 17011-0395 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 3301(d) affidavit. Therefore, on or after March 7, 2006, the Plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (800) 990-9108 I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL ANTHONY, * NO. 04-5980 Plaintiff * V5. * CIVIL ACTION - LAW * IN DIVORCE HELEN ANTHONY, Defendant AFFIDAVIT OF SERVICE I, Joseph D. Caraciolo, hereby certify that I am this day serving a copy of the foregoing Notice upon the person and in the manner indicated below, which satisfies the requirement of the Pennsylvania Rules of Civil Procedure, by depositing the same in the U.S. postal service, postage prepaid, first class mail, addressed as follows: Richard C. Rupp, Esquire Rupp and Meikle P.O. Box 395 Camp Hill, PA 17011-0395 Date: February 16, 2006 Respectfully submitted, FOREMAN & FOREMAN, P.C. By: 7,b ep S D. Cat iolo, Esquire ttorney I.D. No. k( 90919 l6' Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 (717) 236-9391 J". L_ j.. ?? ti IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL ANTHONY, Plaintiff VS. HELEN ANTHONY Defendant * NO. 04-5980 * * * CIVIL ACTION-LAW * IN DIVORCE * COUNTER-AFFIDAVIT UNDER § 3301( d ) OF THE DIVORCE CODE 1. 1 do not oppose entry of a divorce decree. 2. 1 wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. understand that I must file my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. Attached hereto are my claims for economic relief. verify that the statements made in this counter-affidavit are true and correct. As the Defendant I am signing this Affidavit as the Defendant cannot be found in time in the Court Jurisdiction to sign the verification hereto. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: -31 (o / C (f Richard C. Rupp, Esquir Legal Counsel for Defendant, Helen Anthony IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CARL ANTHONY, Plaintiff VS. HELEN ANTHONY Defendant * NO. 04-5980 * * * CIVIL ACTION-LAW * IN DIVORCE * * COUNT I - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE PENNSYLVANIA DIVORCE CODE 1. The Defendant, Helen Anthony respectfully requests this Honorable 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, in accordance with the provisions of the Pennsylvania Divorce Code, 23 Pa. C.S.A. 3502. WHEREFORE, Defendant, Helen Anthony respectfully requests this Honorable Court to enter an Order of equitable distribution of marital property pursuant to Section 3502 of the Pennsylvania Divorce Code. COUNT 11 - REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY UNDER SECTION 3701(a) AND 3702 OF THE PENNSYLVANIA DIVORCE CODE 1. Defendant has been a stay-at-home homemaker. 2. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 3. Defendant requests this Honorable Court to enter an award of spousal support or alimony pendente life until final hearing, and there upon enter an Order of alimony or alimony pendente lite in her favor pursuant to Sections 3701(a) and 3702 of the Pennsylvania Divorce Code. WHEREFORE, Defendant, Helen Anthony, respectfully requests this Honorable Court to enter an award of spousal support or temporary alimony until final hearing and thereupon to enter an Order of alimony in her favor pursuant to Section 3701(a) and 3702 of the Pennsylvania Divorce Code. COUNT 111 - COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3702 OF THE PENNSYLVANIA DIVORCE CODE 1. Defendant has employed Rupp and Meikle and Richard C. Rupp as counsel, but expects to be unable to pay all the necessary and reasonable attorneys' fees for her legal counsel to prosecute this marital action. 2. Defendant requests this Honorable Court to enter an award of reasonable counsel fees, costs and expenses and Order such additional sums thereafter as may be deemed necessary and appropriate in order to allow Plaintiff to conduct this marital action. WHEREFORE, Plaintiff prays this Honorable Court to grant the relief requested and grant reasonable legal counsel fees, costs, expenses and reasonable fees for experts. Respectfully submitted, l Richard C. Rupp 7V Attorney I.D. No.: 34832 355 North 21 st Street, Suite 201 Camp Hill, PA 17011 (717) 761-3459 Attorney for Defendant CERTIFICATE OF SERVICE I, Richard C. Rupp, Esquire, do hereby certify that I am serving a true and correct copy of the foregoing document upon the persons names below, on the date stated below: FOREMAN & FOREMAN, P.C. Joseph D. Caraciolo, ESQ. 6th Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 By:_ r_ Richard . Rupp, ire Attorney I.D. # 34832 355 North 21" Street, Suite 201 Camp Hill, Pennsylvania 17011 (717) 761-3459 Date: f ?_? 1t1 _..,. ?`?. (? ?`\ V ' CARL ANTHONY, Plaintiff vs. HELEN ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 04-5980 Civil Term CIVIL ACTION - LAW IN DIVORCE AND NOW COMES, the Plaintiff, Carl Anthony, by and through his attorneys, Foreman & Foreman, P.C., and Joseph D. Caraciolo, Esquire, and moves the Court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite and in support of the Motion states: (X) Distribution of Property ( ) Support (X) Counsel Fees ( ) Costs and Expenses Discovery is complete as to the claims for which the appointment of a master is requested. 2. The Defendant has appeared in the action by her attorney, Richard C. Rupp. 3. The statutory grounds for divorce are 3301(d)(1) of the Divorce Code. 4. The action is contested and no agreement has been reached with respect to the disputed claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one (1)/da . / Date: 3 -, c k ??seph4). Caraciolo, Esquire 112 Market Street, 61h Floor Harrisburg, Pennsylvania 17101 ID# 90919 Tel. (717) 236-9391 Attorney for Plaintiff CARL ANTHONY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-5980 Civil Term HELEN ANTHONY, CIVIL ACTION -LAW Defendant : IN DIVORCE I, Joseph D. Caraciolo, Esquire, hereby certify that on the below-noted date, served a true and correct copy of the foregoing Motion for Appointment of Master upon the following named Defendant by depositing same, postage prepaid, in the United States Mail, addressed as follows: Richard C. Rupp, Esquire 355 North 21s` Street, Suite 201 Camp Hill, PA 17011 se D. Car'abiolo, Esquire 11 Market Street, 6 s Floor G Harrisburg, Pennsylvania 17101 ID# 90919 Tel. (717) 236-9391 Date: Attorney for Plaintiff r ~'J <7 »r ? G i cp y a 7 .. co 4 0 CARL ANTHONY, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-5980 Civil Term HELEN ANTHONY, CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this day of ?j'0-k1XJ-- 2006, E. ROBERT ELICKER, II, is hereby appointed Master in Divorce. Disution: Joseph D. Caraciolo, Esq., 112 Market Street, 6`h Floor, Harrisburg, PA 17101 hard C. Rupp, 355 North 21 s` Street, Suite 201, Camp Hill, PA 17011 J Q?? b / a 0 03 cxy v? r- t};t?' ? r.: C t {^ U! u- .n .j N CARL ANTHONY, fN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-5980 Civil Term HELEN ANTHONY, CIVIL ACTION - LAW Defendant : IN DIVORCE Plaintiff files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S § 4904 relating to unsworn falsification to authorities. e ?E Carl Anthony/ , Plaintiff L ( ) I. Real property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit ( X) 5. Checking accounts, cash ( ) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit box ( ) S. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a parry with company) ( ) 16. Employment termination benefits-severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) ( X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Numher Prope All Owners 2. 1978 Ford Pickup Carl Anthony 5. Checking Account Carl Anthony (list anything that you own and name all the owners, do not include non-marital property here, include any accounts, retirement, pension, stocks, bonds, etc.) 19. Retirements $2,297.00 Helen gets $1,300.00 and Health Insurance $332.23 Plaintiff lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Reason for Number ofPPr pee Exclusion N/A (give me a list of all the property you acquired after you moved out of your home.) Person Item Description Date of Consid- to Whom Nnmher ofProne?h Transfe eration Transferred (in the last three years, have you sold any property? If so, please list it here) October 2005 Gave away a 1984 Spartan Camper (in bad shape) Item Description Names of Names of Numb x ofProperty Al Creditors All Debtors (list all your debts, including credit card, mortgage, installment accounts, etc.) N/A ? ?, ?_. <:? ?, :r;' ? x -h N I tl n c Q? ,C. _y ?- - _ _ .. c-! I.. "` C MARITAL SETTLEMENT AGREEMENT 04 _ S-c}dPo THIS AGREEMENT, made this 12 day of January, 2007, by and between HELEN D. ANTHONY OF, ENOLA, CUMBERLAND COUNTY, PENNSYLVANIA (hereinafter referred to as "WIFE") and CARL F. ANTHONY OF, HARRISBURG, DAUPHIN COUNTY, PENNSYLVANIA (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on March 23,1968; and WHEREAS, the children that were born of this marriage, are now adults and, WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective states. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in CUMBERLAND COUNTY claiming that the marriage is irretrievably broken under Section 33010) (No Fault - Consent) 3301(d) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 33010) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. 3 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which is it executed by the parties if they have each executed this Agreement at 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. 4 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall take place on the "distribution date", unless specified otherwise. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the interstate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or ( c ) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente life, counsel fees, division of property, costs or expenses, whether arising as a result of the marital 5 relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other party now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente life or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL AND FULL DISCLOSURE: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel: RICHARD C. RUPP, ESQUIRE, for WIFE, and JOSEPH D. CARACIOLO, ESQUIRE, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 6 10. WARRANTY AS TO EXISTING OBLIGATIONS: HUSBAND and WIFE affirm and represent that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement, as follows: 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself. 7 WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of tangible personal property which have heretofore been used by them in common, and neither party will make any claim to any such items said division of such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Husband further waives any and all interest in wife's receipt of personal injury claim dollars in sum of $17,500.00. 8 By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any tangible personal property which is listed as belonging to the respective parties, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: TRANSFER FORMER MARITAL RESIDENCE -REAL PROPERTY: There is no real property to divide. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they have amicably distributed any joint bank accounts or certificates of deposit and that they now each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she we unmarried. 17. COUNSEL FEES: Each party shall pay his or her own counsel fees in this overall divorce matter. 9 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 19. SPOUSAL SUPPORT/APL/ALIMONY /PENSION/QDRO A. Spousal Support: Beginning January 1, 2007, Husband will pay one thousand three hundred dollars ($1,300.00) monthly, as spousal support through the date on which The Court enters the parties' Divorce Decree. Said Spousal Support shall terminate automatically upon said date of entry of the parties divorce decree. B. Alimony: The parties further agree HUSBAND shall pay to WIFE alimony in the sum of One Thousand Three Hundred Dollars ($1,300.00) per month as alimony beginning upon the entry of the parties divorce decree by this Court and shall continue thereon for a period of not more than sixty two month, with Husband's last alimony payment to wife due on January 30, 2012. 10 C. Not withstanding anything to the contrary, said alimony shall be reduced dollar for dollar with each dollar Wife receives from other income such as social security, disability, or governmental assistance. Wife further agrees to notify husband of receipt of any such regular income with respect to this agreement. If wife should fail to notify Husband of such additional said income she receives then husband shall be entitled to any offsets for dollars paid monthly he may pay while wife is receiving such additional said income plus any attorney fees husband may incur to enforce this Agreement. EXAMPLE: If wife receives social security of $500.00 / month Husband's alimony obligation shall be reduced by same amount, $500.00 / month. D. Pension: Upon the HUSBAND'S death, HUSBAND's pension shall continue to pay to WIFE the sum $1,300.00 as payment to wife of a marital distribution, not alimony, less and any reduction for above referenced income received by Wife. Said monthly payment from Husband's pension to WIFE shall constitute payment to WIFE of her marital interest in HUSBAND'S pension as a marital distribution and shall continue regardless of the death of the husband, until death of wife or until pension payments terminate in accordance with Husband's pension's terms as more fully referenced above. 11 E. QDRO AND DOCUMENTS: The terms of this agreement pertaining to HUSBAND'S pension shall be secured by a QDRO (Qualified Domestic Relations Order) which WIFE'S counsel shall prepare and upon execution shall be filed with HUSBAND'S pension plan administrator to bind said pension. The parties shall cooperate in signing any and all documents to obtain this retirement as security for these payments to WIFE. 20. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, the Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties.. 21. BREACH: If either party fails to abide by this Agreement within thirty days of notice of breach or failure to abide, the other party shall have the right, at his or her election to sue for damages for such breach or failure to abide or seek such other remedies or relief as may be available to him or her, and the party breaching or failing to abide this contract shall be responsible legal fees and cost incurred by the other in enforcing their rights under this Agreement. WIFE may also enforce her payments through the DRO office if she chooses. 22. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory 12 allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County, Pennsylvania, to make equitable distribution of said asset. 13 The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 29. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of 14 this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 31. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any Amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the date and year first above written. WITNESS "gas AL) HELEN D. ANTHONY, WIFE SEAL) CARL F. ANTHONY, HUSB D 15 CARL ANTHONY : V. : HELEN ANTHONY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 5980 IN DIVORCE COUNSELING AFFIDAVIT 1. 1 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. 1 understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: CARL F. ANTHONY i CARL ANTHONY, * IN THE COURT OF COMMON PLEAS Plaintiff *CUMBERLAND COUNTY, PENNSYLVANIA * VS. * No. 04-5980 * HELEN ANTHONY, * CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 30, 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 in 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, attorney's fees or expenses if I do not claim them before a divorce is granted. 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. Date: 2- O 7 &4'? 4?z?? Carl Anthony, Plai CARL ANTHONY, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. HELEN ANTHONY, Defendant * No. 04-5980 * * CIVIL ACTION - LAW IN DIVORCE * WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 Decree in Divorce 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. Date: Z &,Ce Carl Anthony, Plaintiff CARL ANTHONY V. HELEN ANTHONY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 5980 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 ( c ) of the Divorce Code was filed on 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: © 7 ELLEN ANTHONY, Defenda CARL ANTHONY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HELEN ANTHONY NO. 04 - 5980 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 ( c ) AND 3301 (d) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if i do not claim them before a divorce is granted. 3. 1 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. Date: - q D HELEN ANTHONY, Defendant CARL ANTHONY HELEN ANTHONY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 5980 IN DIVORCE COUNSELING AFFIDAVIT 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 1 participate in counseling. 2. 1 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, l do not request that the Court require that my spouse and 1 participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: A q -'-I-t El EN ANTHO , Defend7 ?? T^-] a.9 ?? _. ,,,a .. -r ..? ;"; ? ? . ? - ?3 4:. ' "`.. 1 r I . ` ?• ? j ._ ,s? `? C? . ? CARL ANTHONY, Plaintiff VS. . HELEN ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5980 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this p? day of atl? 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated January 12, 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 THE COURT, CX1 119? - Edgar B. Bayley, P.J. cc: /'?'tstorney ph D. Caraciolo for Plaintiff ,//Richard C. Rupp Attorney for Defendant Ujo p b, j . + ? LLJ iE i? Y3 LW Ll- Q c= C 3 cv . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 12 day of January, 2007, by and between HELEN D. ANTHONY OF, ENOLA, CUMBERLAND COUNTY, PENNSYLVANIA (hereinafter referred to as "WIFE") and CARL F. ANTHONY OF, HARRISBURG, DAUPHIN COUNTY, PENNSYLVANIA (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on March 23,1968; and WHEREAS, the children that were born of this marriage, are now adults and, WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective states. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in CUMBERLAND COUNTY claiming that the marriage is irretrievably broken under Section 3301©) (No Fault - Consent) 3301(d) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301©) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. 3 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which is it executed by the parties if they have each executed this Agreement at 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. 4 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall take place on the "distribution date", unless specified otherwise. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the interstate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other-rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or ( c ) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital 5 relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other party now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising, or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL AND FULL DISCLOSURE: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel: RICHARD C. RUPP, ESQUIRE, for WIFE, and JOSEPH D. CARACIOLO, ESQUIRE, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 6 10. WARRANTY AS TO EXISTING OBLIGATIONS: HUSBAND and WIFE affirm and represent that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement, as follows: 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself. 7 WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of tangible personal property which have heretofore been used by them in common, and neither party will make any claim to any such items said division of such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Husband further waives any and all interest in wife's receipt of personal injury claim dollars in sum of $17,500.00. 8 By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any tangible personal property which is listed as belonging to the respective parties, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: TRANSFER FORMER MARITAL RESIDENCE -REAL PROPERTY: There is no real property to divide. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they have amicably distributed any joint bank accounts or certificates of deposit and that they now each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she we unmarried. 17. COUNSEL FEES: Each party shall pay his or her own counsel fees in this overall divorce matter. 9 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 19. SPOUSAL SUPPORT/APL/ALIMONY /PENSION/QDRO A. Spousal Support: Beginning January 1, 2007, Husband will pay one thousand three hundred dollars ($1,300.00) monthly, as spousal support through the date on which The Court enters the parties' Divorce Decree. Said Spousal Support shall terminate automatically upon said date of entry of the parties divorce decree. B. Alimony: The parties further agree HUSBAND shall pay to WIFE alimony in the sum of One Thousand Three Hundred Dollars ($1,300.00) per month as alimony beginning upon the entry of the parties divorce decree by this Court and shall continue thereon for a period of not more than sixty two month, with Husband's last alimony payment to wife due on January 30, 2012. 10 C. Not withstanding anything to the contrary, said alimony shall be reduced dollar for dollar with each dollar Wife receives from other income such as social security, disability, or governmental assistance. Wife further agrees to notify husband of receipt of any such regular income with respect to this agreement. If wife should fail to notify Husband of such additional said income she receives then husband shall be entitled to any offsets for dollars paid monthly he may pay while wife is receiving such additional said income plus any attorney fees husband may incur to enforce this Agreement. EXAMPLE: If wife receives social security of $500.00 / month Husband's alimony obligation shall be reduced by same amount, $500.00 / month. D. Pension: Upon the HUSBAND'S death, HUSBAND's pension shall continue to pay to WIFE the sum $1,300.00 as payment to wife of a marital distribution, not alimony, less and any reduction for above referenced income received by Wife. Said monthly payment from Husband's pension to WIFE shall constitute payment to WIFE of her marital interest in HUSBAND'S pension as a marital distribution and shall continue regardless of the death of the husband, until death of wife or until pension payments terminate in accordance with Husband's pension's terms as more fully referenced above. E. QDRO AND DOCUMENTS: The terms of this agreement pertaining to HUSBAND'S pension shall be secured by a QDRO (Qualified Domestic Relations Order) which WIFE'S counsel shall prepare and upon execution shall be filed with HUSBAND'S pension plan administrator to bind said pension. The parties shall cooperate in signing any and all documents to obtain this retirement as security for these payments to WIFE. 20. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, the Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties.. 21. BREACH: If either party fails to abide by this Agreement within thirty days of notice of breach or failure to abide, the other party shall have the right, at his or her election to sue for damages for such breach or failure to abide or seek such other remedies or relief as may be available to him or her, and the party breaching or failing to abide this contract shall be responsible legal fees and cost incurred by the other in enforcing their rights under this Agreement. WIFE may also enforce her payments through the DRO office if she chooses. 22. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to ,carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County, Pennsylvania, to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 29. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 31. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any Amendments thereto. IN. WITNESS WHEREOF,.the parties hereto have set their hands and seals, the date and year first above written. Oj -Lx- j q a ??Y' AL) WITNESS HELEN D. ANTHONY, WIFE S CARL F. ANTHONY, EAL) H CARL ANTHONY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HELEN ANTHONY NO. 04 - 5980 IN DIVORCE COUNSELING AFFIDAVIT 1. 1 have been advised of the availability of marriage counseling and understand that 1 may request that the Court require that my spouse and I participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ! /0- /U 7 CARL F. ANTHONY Aoi.nfiff CARL ANTHONY, vs. * IN THE COURT OF COMMON PLEAS Plaintiff *CUMBERLAND COUNTY, PENNSYLVANIA * HELEN ANTHONY, Defendant * No. 04-5980 * * CIVIL ACTION - LAW IN DIVORCE * AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on November 30, 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 in 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, attorney's fees or expenses if I do not claim them before a divorce is granted. 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. Date: ?- G Carl Anthony, Plai CARL ANTHONY, Plaintiff VS. HELEN ANTHONY, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * * No. 04-5980 * * CIVIL ACTION - LAW IN DIVORCE * WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 granted. 3. I understand that I will not be divorced until a Decree in Divorce 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. Date: U Carl Anthony, Plaintiff CARL ANTHONY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HELEN ANTHONY NO. 04 - 5980 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 ( c ) of the Divorce Code was filed on 6V-amb&C `Itl : Q00k 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: o-7 4ELLEN ANTHONY, Defenda CARL ANTHONY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HELEN ANTHONY NO. 04 - 5980 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 ( c ) AND 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that 1 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. Date: ZL/? F HELEN ANTHONY, Defendant 6? -v CARL ANTHONY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HELEN ANTHONY NO. 04 - 5980 IN DIVORCE COUNSELING AFFIDAVIT 1. 1 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. 1 understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, i do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: I-Aq-07 A ELEN ANTHO , Defend t CARL ANTHONY, VS. HELEN ANTHONY, * IN THE COURT OF COMMON PL Plaintiff * CUMBERLAND COUNTY, PENNS * *No. 04-5980 * * CIVIL ACTION - LAW IN DIVORi Defendant AFFIDAVIT OF SERVICE I, Joseph D. Caraciolo, Esquire, Attorney for Plaintiff, certify that I served a copy of the Divorce Complaint in the above matter to the Defendant, as follows: Helen Cumberland Road, Enola, Pennsylvania, 17025 on December 8, 2004, as evidenced by E i Respectful ly,subm' f bd, FOREMAN `& F6iEMAN C. i L, `" 'i By: , I Joseph D/Caraciolo, Esquire Atty. ID-#90919 112 Ntarket Street, 6"' Floor Harrisburg, PA 17101-2015 (717) 236-9391 Sworn to and subscribed the 28'" day of February, 2007 ??c?eCp Notary Public My Commission Expires: kS LVANIA and correct ony, 138 E. NOTARIAL SEAL MICHELE A RENEKER Notary Public CGty of Caunly ?4 Cc? ,d", 17, 2007 c°t ? Registered Certified 12 139 f ' k ? Express Mail ? Insured eC n 0 Return Receipt for Merchandise ? COD 0 r`- Postage $ r? {( ru Certified Fee ? ? ? ?? {{!!????//11 Posi Ln Return Receipt Fee O (Endorsement Required) 0 Restricted Delivery Fee p (Endorsement Required) C3 Total Postage S Fees Sent Tii-^ - rl - 0 Street, Apt. Na. or PO Box No. C3 C3 - -------- --- City Siate. ZIP-4 - ----- -------------------------------------------------- r,- 1. I also wish to receive the follow- 0 ? Complete items 1 and/or 2 for additional services. ing services (for an extra fee): at Complete items 3, 4a, and 4b. ? Print your name and address on the reverse of this form so that we can return this card to you. 1. ? Addressee's Address m ? Attach this form to the front of the mailpiece, or on the back it space does not permit 2• Restricted Delivery I M ? Write 'Return Receipt Requested'on Ittv"I Milpiece below the article number. ? The Return Receipt will show to whom the article was delivered and the date p delivered. 3. Article Addressed to: 4a. Article Number I M 05 a16 V1 J 7 r E ? 4b. Service Type 7. Date of Delivery CAff 5, Rec iv B . (Print 8. Addressee's Address (Only if requested and f- fee is paid) 0 6. Signature (Addressee or Agent) LL?AJ 44 /v N PS Form 3811, December 1994 102595-99-B-0223 Domestic Return Receipt ,.., ,_ °; ?. 1 ,? " 1.' 1 '.. ?-- N - - ?. _. ?? _s 0, x CARL ANTHONY, Plaintiff * IN THE COURT OF COMMON PL * CUMBERLAND COUNTY, PENN * * No. 04-5980 * * CIVIL ACTION - LAW IN DIVOR * YLVANIA vs. HELEN ANTHONY, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OI A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE 1 I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division f property, lawyer's fees or expenses if I do not claim them before a divorce is gjr nted. 3. I understand that I will not be divorced until a Decree in Divorce is $ ered by the Court and that a copy of the Decree will be sent to me immediately a er it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I under tand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating o unsworn falsification to authorities. Date: ?- v Carl Anthony, Plaintiff o- ?? ?? N? ?; ? v a "_ o L 3 CARL ANTHONY, Plaintiff vs. HELEN ANTHONY, Defendant .71'' * IN THE COURT OF COMMON PL *CUMBERLAND COUNTY, PENN! * * No. 04-5980 * * CIVIL ACTION - LAW IN DIVO> * AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code November 30, 2004 filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken an ninety (90) days have elapsed from the date of filing and service of the Complain . 3. I consent to the entry of a final Decree in Divorce after service f notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division' f property, attorney's fees or expenses if I do not claim them before a divorce is anted. I verify that the statements made in this Affidavit are true and correct. I and rstand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating o unsworn falsification to authorities. Date: a- 0 Carl Anthony, Plai VANIA 0 ?? R' c O e N ti e CARL ANTHONY V. HELEN ANTHONY IN THE COURT OF COMMON EAS OF CUMBERLAND COUNTY, PENNY YLVANIA CIVIL ACTION - LAW NO. 04 - 5980 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 ( c ) of the Divorce Cod was filed on . 2. The marriage of plaintiff and defendant is irretrievably brok n and ninety days have elapsed from the date of filing and service' f the Complaint. 3. 1 consent to the entry of a final decree of divorce after servic of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true ark correct. 1 understand that false statements herein are made subject to the! enalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: / " A q - 0-7 ELEN ANTHONY, n v -cJ d ..# I .• . CARL ANTHONY IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HELEN ANTHONY NO. 04 - 5980 IN DIVORCE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, dive ion of property, lawyer's fees or expenses if 1 do not claim them be ore a divorce is granted. 3. 1 understand that 1 will not be divorced until a divorce decry is entered by the Court and that a copy of the decree will be so t to me immediately after it is filed with the prothonotary. 1 verify that the statements made in this affidavit are true an correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: - 9 D 4?2 / ze:r=& "e'? HELEN ANTHONY, Defem ant c? ?J c fi a CARL ANTHONY, VS. Plaintiff HELEN ANTHONY, Defendant * IN THE COURT OF COMMON PLf * CUMBERLAND COUNTY, PENNS8 * *No. 04-5980 *LL * CIVIL ACTION - LAW IN DIVORC * I PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: decree: Transmit the record, together with the following information, to the Court for e I . Ground for Divorce: irretrievable breakdown under Section 3301(c) or x 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail, return receipt re by and Affidavit of Service being filed contemporaneously herewith. 3. Complete either Paragraph A. or B. A.1 Date of execution of the Affidavit of Consent required by Section 3301 (d of the Divorce Code by Plaintiff: January 29, 2007 By Defendant: January 12, 2007 A.2 Date of filing of Plaintiff's and Defendant's Waiver of Notice of Intent: by Plaintiff: February 9, 2007 by Defendant February 9, 2007 B.1 Date of execution of the Plaintiff's Affidavit required under Section 3301(Id the Divorce Code: January 19, 2006 B.2 Date of service of Plaintiff's Affidavit upon Defendant: Date of service of Notice to Intention to Enter: n Respectfl y s mitt FOREMAN FOR'MAl?I; P.C. ,, By: Joseph I). Caraciolo, Esquire Atty. I} #90919 112 Irket Street, 6" Floor Harri urg, PA 17101-2015 (717) 236-9391 VANIA of a divorce evidenced of ?? ?a ?"? v ?? ?= ? -= ? ?- ?:??, : ?. ,;: ?R- . _ ? _ c, : `.;per ?.:> r .__. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. r - CARL ANTHONY Plai stiff VERSUS HELEN ANTHONY Defe ida it DIVORCE No. 04-5980 DECREE IN AND NOW, JAAfAR2 V -O, IT IS ORDERED AND DECREED THAT CARL ANTHONY PLAT NTI FF, AND HELEN ANTHONY ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; k0-_n A MARRIAGE SETTLEMENT AGREEMENT SIGNED BY THE PARTIES AND FILED WITH THE COURT ON FEBRUARY 9, 2007 IS INCORPORATEp? BUT NOT MERGED HEREWITH. BY THE COU ATTEST: J. Erm"d -f r- 3 PROTHONOTARY A&?2 YtV CARL ANTHONY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW HELEN ANTHONY NO. 04 - 5980 Defendant IN DIVORCE STIPULATION And now this , day of May the parties hereto Carl Anthony and Helen Anthony both represented by legal counsel herein have agreed and stipulated as follows: 1. The Plaintiff is Carl Anthony who resides at 2. The Defendant is Helen Anthony who resides at 138 East Cumberland Rd. Enola, PA 17013. 3. The parties were married until recently when they obtained a divorce from their marriage to each other. 4. As part of the Marital Settlement Agreement which is filed of record with the Prothonotary of the Court of Common Pleas of Cumberland County Pennsylvania. 5. The husband agreed to an alimony payment of $1,300.00 per month. 6. The parties have agreed that said payments for said alimony shall begin in January 2007 and shall be payable directly to the Domestic Relations Office for the months of January, February and March through the Domestic Relations Office and beginning in April said payments shall be automatically drawn from the Plaintiffs pension as had previously occurred in 2006 for the support. 7. The purpose of this Stipulation is to initiate and proceed with the terms of the parties Marital Settlement Agreement and is being made simply to clarify the procedures for said Agreement and not making any changes thereto. IN WITNESS WHEREOF the parties legal counsel have set there hands and seals below on the above referenced date. L Rkhard C. Rupp, Esq!' Attorney for Defendant Helen Anthony C r? 0 r CA) c ' ? ?f71 U CARL F. ANTHONY, Plaintiff V. HELEN D. ANTHONY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5980 CIVIL TERM IN DIVORCE MOTION TO CONFIRM QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes the Defendant, Helen D. Anthony, by and through her attorney, Scott A. Stein, Esquire, and files the within Motion to Confirm Qualified Domestic Relations Order in support thereof avers as follows: 1. The parties entered into a Marital Settlement Agreement on or about December 8, 2006. 2. Pursuant to the terms of the Marital Settlement Agreement, the Defendant was to prepare and file a qualified domestic relations order with the plan administrator. 3. Defendant has had the attached domestic relations order prepared for execution and presents the same to the court to have it entered as an Order of Court. WHEREFORE, Defendant respectfully requests this court to enter it as an Order of Court to be filed with the plan administrator. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP By: Scott A. Stein, Esquire Attorney I.D. No. 81738 840 East Chocolate Ave Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) Date: J/z S f d'r Attorney for Defendant 04 C?3 c. CARL F. ANTHONY, Plaintiff V. HELEN D. ANTHONY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5980 CIVIL TERM : IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Kindly enter the appearance of undersigned counsel on behalf of Defendant, Helen D. Anthony. NESTICO, DRUBY & HILDABRAND, LLP By: Scott A. Stein, squire Attorney I.D. No. 81738 Nestico Druby & Hildebrand, L.L.P. 840 East Chocolate Ave Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) Date: Attorney for Defendant t .? rn 10, 'JAN ai zoom In The Court Of Common Pleas Of Cumberland County, Pennsylvania Carl F. Anthony Docket No. 04-5980 Plaintiff In Divorce V. Helen D. Anthony Defendant DOMESTIC RELATIONS RD AND NOW, this &?`day of C44, 2 , based on the findings set forth below in items one through five; IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty-one: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on March 23, 1968 and divorced on March 6, 2007. 2. Participant Information: The name, current address, social security number, and date of birth of the plan "Participant" are: Name: Carl F. Anthony ("Participant") Address: P. O. Box 458, Summerdale, Pennsylvania 17093 Social Security Number: 204-30-8720 Birth Date: April 16, 1939 3. Alternate Payee Information: The name, current address, social security number, and date of birth of the "Alternate Payee" are: Name: Helen D. Anthony ("Alternate Payee") Address: 138 E. Cumberland Avenue, Enola, Pennsylvania 17025 Social Security Number: 210-40-4101 Birth Date: March 1. 1948 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the East Pennsboro Township Non-Uniformed Pension Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this Order. DRAFTED: 12/11/07 11-28-07-197-29200 Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 6. For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 7. Amount of Alternate Payee's Benefit: The Alternate Payee is awarded One Thousand Three Hundred Dollars ($1,300.00) per month of the Participant's accrued benefit under the Plan. 8. Cost of Living Adjustments: The Alternate Payee shall receive a pro- rata share of any cost-of-living adjustments or other economic improvements made to the Participant's benefits on or after the date of his retirement. Such pro-rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to Section 7. 9. Commencement Date of Payment to Alternate Payee: The Alternate Payee shall commence payments as soon as practicable after this Order is determined to be qualified by the Plan Administrator. 10. Form of Payment to Alternate Payee: The Alternate Payee's benefit shall be distributed to her in monthly payments based on the life expectancy of the Participant. 11. Early Retirement Subsidy: The Alternate Payee shall be entitled to a pro-rata share of any employer-provided early retirement subsidy provided to the Participant on the date of his retirement calculated in same manner as described in paragraph 7 above. 13. Survivorship Option: It is unknown whether the Participant elected a survivorship option at the time of retirement for the Alternate Payee. In the event that the Participant elected a survivorship option for the Alternate Payee at the time of retirement, upon the Participant's death the Alternate Payee shall receive any survivorship option payable to her. In the event that the Participant did not elect a survivorship option for the Alternate Payee at the time of retirement, upon the Participant's death all payments to the Alternate Payee shall cease. 14. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; DRAFTED: 12/11/07 11 -28-07-197-29200 (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order that was previously deemed to be a DRO; or (d) to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 15. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 16. Continued Qualified Status of Order: It is the intention of the parties that this DRO continue to qualify as a DRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 17. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 18. Constructive Receipt: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan Trustee inadvertently pays to the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments, and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 19. Overpayment: In the event that the Plan Administrator determines that an overpayment has been made to the Participant and/or Alternate Payee for any reason, including but not limited to, a Plan Administrator's error in the Participant's pension calculation, or the Participant's retroactive eligibility for Social Security disability payments, and the parties cannot come to an agreement regarding their respective liability towards the Plan's recoupment of such overpayments, the Court shall reserve jurisdiction regarding the allocation of such repayments to the Plan between the Participant and the Alternate Payee. 20. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such DRAFTED: 12/11/07 11 -28-07-197-29200 further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein, including, but not limited to, the recharacterization thereof as a division of benefits under another plan, as applicable, or to make an award of disability benefits that may become payable under the Plan, if applicable, or to make an award of spousal support, if applicable, in the event that the Participant or the Plan Administrator fails to comply with the provisions contained in this Order requiring said payments to the Alternate Payee. 21. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that circumvent the terms and provisions of this Domestic Relations Order, or that diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, the Participant (or his estate) shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of the Participant's actions or inactions, and to the extent of the Alternate Payee's full entitlements hereunder. DRAFTED: 12/11/07 11 -28-07-197-29200 Q Q -' coo W t" j ' -T3 ?l U _ -J NESTICO, DRUBY & HILDABRAND, LLP Scott A. Stein, Esquire PA Supreme Court I.D. 81738 840 East Chocolate Avenue Hershey, PA 17033 (717) 533-5406 sstein@hersheypalaw.com CARL F. ANTHONY, Plaintiff/Respondent V. HELEN D. ANTHONY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5980 CIVIL TERM : IN DIVORCE DEFENDANT'S PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT AND NOW comes the above named Defendant, by and through her attorney, Scott A. Stein, Esquire, and petitions the court to enforce various terms of the Divorce Settlement Agreement between the parties dated December 8, 2006, based upon the following: 1. The Petitioner herein is the Defendant, Helen D. Anthony, who resides at 138 E. Cumberland Road, Enola, Cumberland County, Pennsylvania. 2. The Respondent herein is the Plaintiff, Carl F. Anthony, who has a mailing address of P.O. Box 458, Summerdale, Cumberland County, Pennsylvania. 3. The parties hereto are formerly husband and wife and were divorced by a final decree entered by the court on March 6, 2007. 4. On December 8, 2006 the parties entered into a "Divorce Settlement Agreement." A copy of the agreement is attached hereto and marked as Exhibit A (hereinafter the "Agreement"). 5. The Respondent has failed to perform his obligations under the Agreement as set forth in Paragraph 19(B), Spousal Support/APL/Alimony/Pension/QDRO, on page 10 of the Agreement which requires Respondent to pay alimony to Petitioner in the amount of One Thousand Three Hundred Dollars ($1,300.00) per month beginning upon entry of the divorce decree and continuing permanently for each consecutive month thereafter. 6. Respondent has failed to pay any portion of the alimony payments since they became due in March 2007. 7. Respondent's failure to pay the alimony payments has caused Petitioner financial hardship because she is without sufficient income or assets to meet her reasonable needs. As a result, Respondent's breach of the Agreement has caused Petitioner significant financial and legal prejudice. WHEREFORE, Petitioner prays this Court to take whatever actions are reasonably required, including the entry of judgment against Respondent, the use of the court's contempt powers, or any other remedy that is equitable and just to enforce Petitioner's rights under the Agreement. Respectfully submitted, NESTICO, DRUBY & HILDABRAND, LLP By: Scott A. Stein, Esquire Attorney I.D. No. 81738 840 East Chocolate Ave Hershey, PA 17033 (717) 533-5406 (717) 533-5717 (facsimile) Date:/? ????' Attorney for Defendant/Petitioner VERIFICATION I, Helen D. Anthony, Petitioner, verify that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: ' o g. ? Helen D. Anthony Q,?'L ? t ? 1-4- )q h- +r MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this B ?t- day of December, 2006, by and between HELEN D. ANTHONY OF, ENOLA, CUMBERLAND COUNTY, PENNSYLVANIA (hereinafter referred to as "WIFE") and CARL F. ANTHONY OF, HARRISBURG, DAUPHIN COUNTY, PENNSYLVANIA (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on March 23,1968; and WHEREAS, the children that were born of this marriage, are now adults and, WHEREAS, diverse, unhappy differences, disputes and difficult:e5- have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective states. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from tierA to time at such place or places as they shall- respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the wart of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in CUMBERLAND COUNTY claiming that the marriage is irretrievably broken under Section 3301©) (No Fault - Consent) 3301(d) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301©) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. 3 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any, court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which is it executed by the parties if they have each executed this Agreement at 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. 4 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall take place on the "distribution date", unless specified otherwise. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of each other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the interstate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or ©) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital 5 relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other party now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL AND FULL DISCLOSURE: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel: RICHARD C. RUPP, ESQUIRE, for WIFE, and JOSEPH D. CARACIOLO, ESQUIRE, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 6 10. WARRANTY AS TO EXISTING OBLIGATIONS: HUSBAND and WIFE affirm and represent that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement, as follows: 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself. 7 WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of tangible personal property which have heretofore been used by them in common, and neither party will make any claim to any such items said division of such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Husband further waives any and all interest in wife's receipt of personal injury claim dollars in sum of $17,500.00. 8 By these presents; each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any tangible personal property which is listed as belonging to the respective parties, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: TRANSFER FORMER MARITAL RESIDENCE -REAL PROPERTY: There is no real property to divide. 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they have amicably distributed any joint bank accounts or certificates of deposit and that they now each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she we unmarried. 17. COUNSEL FEES: Each party shall pay his or her own counsel fees in this overall divorce matter. 9 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 19. SPOUSAL SUPPORT/APL/ALIMONY /PENSION/QDRO A. 5 Pousal Suonort: The parties agree that the HUSBAND is and shall pay to WIFE Spousal Support in the sum of one thousand six hundred thirty two dollars until the last calendar day of 2006. Beginning January 1, 2007, Husband will pay one thousand three hundred dollars monthly, as spousal support through the date on which The Court enters the parties' Divorce Decree. Said Spousal Support shall terminate automatically upon said date of entry of the parties divorce decree. B. Alimony: The parties further agree HUSBAND shall pay to WIFE alimony in the sum of One Thousand Three Hundred Dollars ($1,300.00) per month as alimony beginning upon the entry of the parties divorce decree by this Court and shall continue thereon permanently for each consecutive month thereafter. 10 C. Said alimony shall be reduced dollar for dollar with each dollar Wife receives from other regular income such as social security upon her receipt of social security dollars, EXCLUDING, however, receipt of any government assistance such as welfare or similar support or disability payments of any kind. Wife further agrees to notify husband of receipt of any such regular income such as social security with respect to this agreement EXCLUDING, however, receipt of any governmental assistance such as welfare or similar support or disability payments of any kind. If wife should fail to notify Husband of such additional said income she receives then husband shall be entitled to any offsets for dollars paid monthly he may pay while wife is receiving such additional said income plus any attorney fees husband may incur to enforce this Agreement. EXAMPLE: If wife receives social security ( non - disability) of $500.00 / month Husband's alimony obligation shall be reduced by same amount, $500.00 / month. NOTE: As Husband's pension shall terminate 63 months from November 2006, if Husband is still living Husband's alimony payments shall terminate. D. Pension: Upon the HUSBAND'S death, HUSBAND's pension shall continue to pay to WIFE the sum $1,300.00 as payment to wife of a marital distribution, not alimony less and any reduction for regular income received by Wife such as social security. Said payment to WIFE shall constitute payment to WIFE of her marital interest in HUSBAND'S pension as a marital distribution and shall continue regardless of the death of the husband, until death of wife or until pension payments terminate in accordance with Husband's pension's terms. 11 E. ODRO AND nOCUMENTS: to HUSBAND'S pension shall be secured by a QDRO (Qualified Domestic Relations Order) which WIFE'S counsel shall prepare and upon execution shall be filed with HUSBAND'S pension plan administrator to bind said pension. The parties shall cooperate in signing any and all documents to obtain this retirement as security for these payments to WIFE. 20. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, the Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties.. 21. BREACH: If either party fails to abide by VN is Agreement within thirty days of notice of breach or failure to abide, the other party shall have the right, at his or her election to sue for damages for such breach or failure to abide or seek such other remedies or relief as may be available to him or her, and the party breaching or failing to abide this contract shall be responsible legal fees and cost incurred by the other in enforcing their rights under this Agreement. WIFE may also enforce her payments through the DRO office if she chooses. 22. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital The terms of this agreement pertaining 12 relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County, 13 Pennsylvania, to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 29. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure 14 t of either party to insist upon str? -. this q ct performance of any of the greement shall not be construed as Provisions of defaults of the s a waiver Of any subse same °r similar nature. quent 30. DESCRIPTIVE HEADING • The The descriptive headings used u herein are for convenience on deter only. They shall have mining the rights or obligation no affect whatsoever in s of the parties, 31. APPLICABLE I,gWs the This Agreement s laws of the Corn hall be construed under monwealth of Pennsylvania and mo the Divorce Code of 1980 and a re specifically under ny Amendments thereto, IN WITNESS WHEREOF, the parts seals es hereto have set their hands an the date and year first above d written. WITNESS 9ELEN ?D-AN'rHoNy (SEAL) WIFE WITNESS CARL F. ANTHONY, ?SEALj HUSBAND - 15 nom., t?.; 3 57 0 i ?t , MAR 0 6 2008 D"4 CARL F. ANTHONY, Plaintiff/Respondent V. HELEN D. ANTHONY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5980 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this I 011 day of foam)r` , 2008, upon consideration of the attached Petition, a hearing is hereby scheduled for the /1 a day of `tkA4z-A., 2008 at I /, 00 o'clock.QL.m. in Court Room #_-;? of the Cumberland County Courthouse. J. Distribution: ?Joseph C. Caraciolo, Esq., 112 Market Street, Harrisburg, PA 17101 ?tcott A. Stein, Esq., 840 East Chocolate Avenue, Hershey, PA 17033 ;as rn? I LL c?? LU t?CJ Q -Lp CL co Q C-4 \.I Foreman, Foreman & Caraciolo, P.C. Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Fax (717) 236-6602 joseph@ffclaw.net Attorney for Plaintiff CARL ANTHONY, Plaintiff/Respondent V. HELEN ANTHONY, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5980 CIVIL ACTION - LAW IN DIVORCE OBJECTION TO DEFENDANT'S PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT AND ANSWER AND NOW, comes the Carl Anthony, Plaintiff above, by and through his attorneys, Foreman, Foreman & Caraciolo, P.C., and answers the Petition of Defendant to enforce Marriage Settlement Agreement averring as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. It is denied that the parties entered into a divorce agreement on December 8, 2006 and that the Exhibit "A" attached to Defendant's Petition is a copy of said agreement. By way of further answer, Plaintiff and Defendant entered into a Marital Settlement Agreement on January 12, 2007, a true and correct copy of the same is attached hereto as Exhibit "B". 5. Denied. It is denied that Respondent has failed to perform any obligation under the Marital Settlement Agreement. By way of further answer, it is Wife's obligation under the Agreement to draft and file a QDRO for the payment of said alimony. Wife, by Petition filed by Scott A. Stein, has recently requested the payment of said alimony. 6. Denied. It is denied that Respondent has failed to perform any obligation under said Marital Settlement Agreement as it was Petitioner's responsibility to draft and file a QDRO for the payment of said alimony. 7. Denied. It is denied that Respondent has failed to perform any duties under the Marital Settlement Agreement, any hardship caused to Petitioner is of her own doing and not the responsibility of Respondent. WHEREFORE, Respondent respectfully requests that this Honorable Court withdraw its Order of March 10, 2008, cancel the hearing scheduled for March 17, 2008 and enter no other Order on this matter. NEW MATTER - OBJECTIONS TO DEFENDANT'S PETITION TO ENFORCE MARRIAGE SETTLEMENT AGREEMENT 8. Paragraphs 1 through 7 of the proceeding documents are incorporated herein for reference. 9. Objection. According to Cumberland County Local Rule 208.2(b) "All motions of petition shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel." Counsel for Respondent received no notice of the filing of this Petition nor any communication regarding this Petition. No averment contained in the Petition indicates compliance with Rule 208.2(b). 10. Objection. According to Pennsylvania Rule of Civil Procedure 208.2 a motion shall "(4) Include a Certificate of Service which sets forth the manner of service including the name of an attorney of record for each party that is represented by counsel." Petitioner's Petition for Contempt does not include a Certificate of Service indicating that counsel for Respondent, or Respondent himself have been served with a copy of said Petition. 11. Objection. According to Paragraph 21 of the Marital Settlement Agreement, attached hereto as Exhibit "B", "If either party fails to abide by this agreement within thirty days of notice of breach or failure to abide, the other party shall have the right, at his or her election to sue for damages of such breach." The Petition in this case does not include an averment that notification was made of such breach or thirty days had been provided to the breaching party. Respondent certifies that he received a copy of said motion on March 11, 2008 along with an Order of Court dated March 10 , 2008 indicating that this documentation has been filed March 5, 2008, and thirty days notice had never been given. WHEREFORE, due to the failings in said Petition to follow the applicable Local Rules of Court, Pennsylvania Rules of Court, and provisions as set forth in the Marital Settlement Agreement, the Petition should be dismissed and the hearing now scheduled for March 17, 2008, should be cancelled. i Date: e'7-5 Jo e?i Dl D Esquire ttorney ID No. 90919 12 Market Street, 6t' Floor Harrisburg, PA 17101 (717) 236-9391 Attorney for Plaintiff OLO, P.C. EXHIBIT "B" MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 12 day of January, 2007, by and between HELEN D. ANTHONY OF, ENOLA, CUMBERLAND COUNTY, PENNSYLVANIA (hereinafter referred to as "WIFE") and CARL F. ANTHONY OF, HARRISBURG, DAUPHIN COUNTY, PENNSYLVANIA (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on March 23, 1968; and WHEREAS, the children that were born of this marriage, are now adults and, WHEREAS, diverse, unhappy differences, disputes and difficulties halve arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specificatiorn the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective states. ,I NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt 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. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2 I 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that HUSBAND has filed a Complaint in Divorce in CUMBERLAND COUNTY claiming that the marriage is irretrievably broken under Section 33010) (No Fault - Consent) 3301(d) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits, Waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 33010) of the Divorce Code at the some time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever as contemplated by the Pennsylvania Divorce Code. 3 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in -any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this. Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction -in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which is it executed by the parties if they have each executed this Agreement at 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. 4 7.- DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall take place on the "distribution date", unless specified otherwise. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of. each other, for all time to come, and for all purposes whatsoever, of and from any and all rightsititle and interest, or daims In or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of suds other or any part thereof, whether arising out of any former acts, *ontracht, en@rgemerris or nobilities of such other or by way of dower or cam, or clal in the nature of dower or courtesy or widow's orvAd er's rights, family eKemption or similar allowance, or under the interstate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or ( c ) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente life, counsel fees, division of property, costs or expenses, whether arising as a result of the marital 5 relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of ..any kind or nature, real, personal or mixed, which the other party now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement sholl be and constitute a full and final resolution of any and all daims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendeMe life- or any other claims pursuant to; the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL AND FULL DISCLOSURE: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel: RICHARD C. RUPP, ESQUIRE, for WIFE, and JOSEPH D. CARACIOLO, ESQUIRE, for HUSBAND. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence, and that it is not the result of any collusion or improper or illegal agreement or agreements. 6 10. WARRANTY AS TO EXISTING OBLIGATIONS: HUSBAND and WIFE affirm and represent that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement, as follows: 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself. 7 WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities for any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household future and furnishings, and all other articles of tangible personal property which have heretofore been used by them in common, and neither party will make any claim to any such items said division of such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. Husband further waives any and all interest in wife's receipt of personal injury claim dollars in sum of $17,500.00. 8 By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any tangible personal property which is listed as belonging to the respective parties, and which shall become the sole and separate property.of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: TRANSFER FORMER MARITAL RESIDENCE -REAL PROPERTY: There is no real property to divide. 1 S. BANK A OMIMS: HUSBAND and WIFE acknowledge that they have amicably distributed any joint bank accounts or certificates of deposit and that they now each possess certain bank accounts and the like in their respective 1 h owner of their respective atcounts and they each hereby waive any interest ?r- in, or claim to, any funds held by the other in such accounts. .." 16. AFTER-ACQUIRED. PROPERTY: Each of Ow parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or Intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she we unmarried. 17. COUNSEL FEES: Each party shall pay his or her own counsel fees in this overall divorce matter. 9 18. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 19. SPOUSAL SUPPORT/APL/ALIMOW /PENSION/QDRO thousand three hundred dollars ($1,300.00) monthly, as spousal support through the date on which The Court enters the parties' Divorce Decree. Said Spousal Support shall terminate automatically upon said dote of entry of the parties divorce decree. B. Alimony: The parties further agree HUSBAND shall pay to WIFE alimony in the sum of One Thousand Three Hundred Dollars ($1,300.00) per month as alimony beginning upon the entry of the parties divorce decree by this Court and shall continue thereon for a period of not more than sixty two month, with Husband's last alimony payment to wife due on January 30, 2012. 10 C. Not withstanding anything to the contrary, said alimony shall be reduced dollar for dollar with each dollar Wife receives from other income such as social security, disability, or governmental assistance. Wife further agrees to notify husband of receipt of any such regular income with respect to this agreement. If wife should fail to notify Husband of such additional said income she receives then husband shall be entitled to any offsets for dollars paid monthly he may pay while wife is receiving such additional said income plus any attorney fees. husband may incur to enforce this Agreement. EXAMPLE: If wffe receives social security of $500.00 / month Husband's alimony obligation shall be reduced by same amount, $500.00 / month. D. Pension: Upon the HUSBAND'S death , HUSBAND's pension shall distribution, not alimony, less and any reduction for above referenced income received by Wife. Said monthly payment from Husband's pension to WIFE shall constitute payment to WIFE of her marital interest in HUSBAND'S pension as a marital distribution and shall continue regardless of the death of the husband, until death of wife or until pension payments terminate in accordance with Husband's pension's terms as more fully referenced above. 11 E. QDRO AND DOCUMENTS: The terms of this agreement pertaining to HUSBANDS pension shall be secured by a QDRO (Qualified Domestic Relations Order) which WIFE'S counsel shall prepare and upon execution shall be filed with HUSBAND'S pension plan administrator to bind said pension. The parties shall cooperate in signing any and all documents to obtain this retirement as security for these payments to WIFE. 20. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, the Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties.. 21. BREACH: If either party fails to abide by this Agreement within t ii c- a s office-of br auck -a -holvv -- _ _---- - _----- the right, at his or her election to sue for damages for such breach or failure to abide or seek such other remedies or relief as may be available to him or her, and the party breaching or failing to abide this contract shall be responsible legal fees and cost incurred by the other in enforcing their rights under this Agreement. WIFE may also enforce her payments through the DRO office if she chooses. 22. WAIVER OF CLAIMS: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she shall now have or hereafter acquire, under the present and future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory 12 allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the VAll of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Approisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any Interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County, Pennsylvania, to make equitable distribution of said asset. 13 The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 25. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. ADDITIONAL INSTRUMENTS: Each of the parties shah,,, from time to time, at the request of the other, execute, acknowledge and cover to the other any and all further instruments that may be reasonably regMired to give full force and effect to the provisions of this Agreement. 27. VOID CLAUSES: If any term, condition, douse or provision of this Agreement shall be determined or declared to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 28. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 29. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of 14 this Agreement shall not be construed as a waiver of any subsequent defaults of the some or similar nature. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 31. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any Amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals, the date and year first above written. a WITNESS HELEN D. ANTt"ION1f, WIFE 15 Foreman, Foreman & Caraciolo, P.C. Joseph D. Caraciolo, Esquire Attorney ID No. 90919 112 Market Street, 6th Floor Harrisburg, PA 17101 (717) 236-9391 Fax (717) 236-6602 joseph@ffclaw.net Attotnev for Plaintiff CARL ANTHONY, IN THE COURT OF COMMON PLEAS Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-5980 HELEN ANTHONY, CIVIL ACTION - LAW Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing Objection to Defendant's Petition to Enforce Marriage Settlement Agreement and Answer and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure by First Class Mail addressed to the following person: Scott A. Stein, Esquire 840 East Chocolate Avenue Hershey, PA 17033 FO Date: O o- a? i, Jos PD. Caraciolo, Esquire A rney ID No. 90919 1 Market Street, 6`" Floor Harrisburg, PA 17101 (717) 236-9391 Attorney for Plaintiff , P.C. ,? rn D I" :gam IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL F. ANTHONY PLAINTIFF V. HELEN D. ANTHONY DEFENDANT DOCKET NO. 04-5980 IN DIVORCE AMENDED DOMESTIC RELATIONS ORDER AND NOW, this W day of , 2008, based on the findings set forth below in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty one: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number, and this Court has personal jurisdiction over the parties. The parties were married on March 23, 1968 and divorced on March 6, 2007. 2. Participant Information: The name, current address, social security number, and date of birth of the plan "Participant" are: Name: Carl F. Anthony ("Participant") Address: P.O. Box 458, Summerdale, Pennsylvania 17093 Security Number: 204-30-8720 Birth Date: April 16, 1939 3. Alternate Payee Information: The name, current address, social security number, and date of birth of the "Alternate Payee" are: Name: Helen D. Anthony ("Alternate Payee") Address: 138 E. Cumberland Avenue, Enola, Pennsylvania 17025 Social Security Numberr: 210-40-4101 Birth Date: March 1, 1948 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the East Pennsboro Township Non-Uniformed Pension Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s), to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 6. For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the participant and the Alternate Payee. 7. Amount of Alternate Payee's Benefit: The Alternate Payee is awarded One Thousand Six Hundred Dollars ($1,600.00) per month of the Participant's accrued benefit under the Plan beginning upon entry of this Order for a period of forty-three (43) months. In month forty-four (44), the amount payable shall be One Thousand Four Hundred Dollars ($1,400.00). Beginning in month forty-five (45) and continuing until payments shall cease in accordance with the terms of the plan, the amount payable to the Alternate Payee shall be reduced to One Thousand Three Hundred Dollars ($1,300.00). 8. Cost of Living Adjustments: The Alternate Payee shall not receive a prorata share of any cost-of-living adjustments or other economic improvements made to the Participant's benefits on or after the date of his retirement. Such pro-rata share shall not be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to Section 7. 9. Commencement Date of Payment to Alternate Payee: The Alternate Payee shall commence payments as soon as practicable after this Order is determined to be qualified by the Plan Administrator. 10. Form of Payment to Alternate Payee: The Alternate Payee's benefit shall be distributed to her in monthly payments based on the life expectancy of the Participant. 11. Early Retirement Subsidy: The Alternate Payee shall be entitled to a pro-rata share of any employer-provided early retirement subsidy provided to the Participant on the date of his retirement calculated in same manner as described in paragraph 7 above. 12. Survivorship Option: It is unknown whether the Participant elected a survivorship option at the time of retirement for the Alternate Payee. In the event that the Participant elected a survivorship option for the Alternate Payee at the time of retirement, upon the Participant's death the Alternate Payee shall receive any survivorship option payable to her. In the event that the Participant did not elect a survivorship option for the Alternate Payee at the time of retirement, upon the Participant's death all payments to the Alternate Payee shall continue as defined pursuant to this Order until the termination of the plan pursuant to its terms. 13. Savings Clause: This Order is not intended, and shall not be constructed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another order that was previously deemed to be a DRO; or (d) to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: All Payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 15. Continued Qualified Status of Order: It is the intention of the parties that this DRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment and Distributions Made Under This Order: For purposes of Sections 402(a) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 17. Constructive Receipt: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan Trustee inadvertently pays to the Alternate Payee any benefits that are to remain the sob property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments, and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 18. Overpayment: In the event that the Plan Administrator determines that an overpayment has been made to the Participant and/or Alternate Payee for any reason, including but not limited to, a Plan Administrator's error in the Participant's pension calculation, or the Participant's retroactive eligibility for Social Security disability payments, and the parties cannot come to an agreement regarding their respective liability towards the Plan's recoupment of such overpayments, the Court shall reserve jurisdiction regarding the allocation of such repayments to the Plan between the Participant and the Alternate Payee. 19. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and 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 of benefits to the Alternate Payee as set forth herein, including, but not limited to, the rechacterization thereof as a division of benefits under another plan, as applicable, or to make an award of disability benefits that may become payable under the Plan, if applicable, or to make an award of spousal support, if applicable, in the even that the Participant or the Plan Administrator fails to comply with the provisions contained in the Order requiring said payments to the Alternate Payee. 03117I2FIA8 15:33 7175335717 PAGE OGMG 20. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that circumvent the terms and provisions of this Domestic Relations Order, or that diminish or extinguish the rights and entitlements of the Alternate payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, the Participant (or his estate) shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of the Participant's actions or inactions, and to the extent of the Alternate Payee's full, entitlements hereunder. Wr ess Witness r-(14, /;, ?. Carl F_ Anthony e. en D. Anthony .?.. _ 1 y_ i, ^+ -d ? ? ? ? ? y?y V _ ? ? ? K. ? 7 r 1 nn '1 V W ??y JO _ (Vl )'