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HomeMy WebLinkAbout05-24363 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARIA E. WHITE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (f)5 - ??Y3L e i U LL BARRY L. WHITE, CIVIL ACTION - LAW t Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARIA E. WHITE, Plaintiff V. BARRY L. WHITE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CS- (21,,,,L CIVIL ACTION - LAW COMPLAINT IN DIVORCE Plaintiff is Maria E. White, an adult individual residing at 544 Warren Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Barry L. White, an adult individual residing at 110 Pine Street, Dillsburg, York County, Pennsylvania 17019. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. Pennsylvania. The Plaintiff and Defendant were married on July 17, 1971 in Dauphin County, 5. There are no minor children born of this marriage. 6. The parties separated on September 10, 2000. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. 12. The averments in paragraphs 1 through 11, inclusive of Plaintiffs Complaint are 2 incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Maria E. White, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; 4 D. Equitably distributing the marital property; and E. Awarding other relief as the Court deems just Dated: 12005 c/ Barbara Sumple Sulli Attorney for Plaintiff 549 Bridge Street Esquire New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARIA E. WHITE, Plaintiff V. BARRY L. WHITE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. n5-a`3(- CIVIL ACTION - LAW AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2, I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: ?d 12005 /? ?- f ?L-? MARIA E. WHITE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARIA E. WHITE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. BARRY L. WHITE, : CIVIL ACTION -LAW VERIFICATION I, MARIA E. WHITE, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated, 2005 VQ? C r / MARIA E. WHITE w ? w Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARIA E. WHITE, Plaintiff V, BARRY L. WHITE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2436 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7003 0500 0001 6561 1943, Return Receipt Requested, on the above-named Defendant, Barry L. White, on or about May 17, 2005 at Defendant's last known address: 110 Pine Street, Dillsburg, PA 17019. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to Dated: May 2005 Barbara Sumple-Sullivan, Esq?ulre 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff m ° DILLBBIG RA'1lp14 D Postage $ -J p Certified Fee 12.30 p p Return Reciept Fee (Fsdoesemenf Required) t1.75 / re , g Lr Restriofed Delivery Fee (Ennarsement geguired) f8.0U' ) =, t L 1 i Total Postage 8 Fees ?j MSO? ? I.h m p p r` Sam TO M ---- . _-? , 1`rr rv? C,,r ''y??-- Sheet, Apt No.j ' 1 or PO Box N 7p a Q4, State, t "-- AN \ l-1bt - - --------------- --------- :rr .. • Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A. Agent 1. Article Addressed to: Ya 1 r' err / -f4 /"7AIq B. Received,Ky (Pdgted Al"). I O.' Date of Delivery Is delivery address tli(ferent from item 17 U Yes If YES, enter delivery address below: 0 No 3. Service Type I *Certified Mail O Erpress Mail 0 Registered S Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 2. Article Number 7003 0500 0001 6562 1943 (fmrrsler /turn service label) PS Form 3811, February 2004 Domestic Return Receipt 10258502-M-1540 EXHIBIT "A" ?' I l r v -o .n ,? s- , _ .. ? , (f5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE?1i NSYLVANTA MARIA E. WHITE Plaintiff VS. BARRY L. WHITE INTO. .19 MOTION FOR APPO L'?T IT OF MASTER Maria E. White (Plaintiff) moves the court to appoint a master with respect to the following claims: (X) Divorce ( X) Distribution of Property ( ) Annulment ( X) Support ( X ) simony ( X) Counsel Fees ( X) Alimouy Pendente Lite ( X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. ?99 (2) The defendant (has) ( appeared in the action (by his attorney, Donald T Kissinger ,Esquire). (3) The staturory ground.(s) for divorce (49) (are) 3301 (c) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: ((c)) The action is contested with respect to the following claims. Divorce, Equitable Distribution, Support,, APL, Alimony,. 'Counsel Fees and Costs end Expenses (5) The action )6tWatbM@@6c (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 ( (days). (7) Additional information, if any. r _ an the mot_on:None Date: 05-2436 Attorney for (Plaint..;.--;) ORDER APPOINTING 3ASTER Barbara Sumple-Sullivan, Esquire AND NOW Esquire, is appointed master with respect to the following claims: By the Court: J t 3 ^- ¢'','? , ? T _ ;Lha ...? ?l P?"'i tv,? ', ? ? i Ti _ "Tj ?. _ r, ? -?"' ..? rT7 -? N ..,C IN THE COURT OF COMMON PLEAS OF CLMBERLAND COUNTY, PENNSYLVANIA MARIA E. WHITE Plaintiff VS. BARRY L. WHITE NO MOTION FOR A?" 0TMEIT OF MASTER Maria E. White (Plaintiff) a master with respect to the following claims: ( X ) Divorce ( X) Di: ( ) Annulment ( X) Sul C X ) Alimony ( X) Col C X) Alimony Pendente Lite ( X) Co! and in support of the motion states: (1) Discovery is complete as to the appointment of a master is requested. (2) The defendant (has) ( al (by his attorney, Donald T. Kissinger s following claims: clatm?: Divorce, Expenses or fact. Dater AND NOW Q& is appointed for divorce Delete the inapplicable paragraph( (a) The action is not contested. (b) An agreement has been reached The action is The action not (6) The hearing is expected to take (7) Additional information, if nay. er with respect to (o By the RE'EIVED JUN 0 1 2006 moves the court to appoint of Property el Fees and Expenses (s) for which the in the action 29@999HR2M Esquire). ) (are) 3301 (c) th respect to the pect to the following my,,Counsel Fees and Costs 4nd ve) complex issues of law 1 (km (days). he motion:NOne for (Plaintiff) ?) i Sumrp"le-Sullivan, Esquire "41 ( & ._s Esquire, J = ;l- 3 O N C3 ? o O i 05. MARIA A. WHITE, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 05 - 2436 CIVIL BARRY L. WHITE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this 3rd day of 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 15, 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, v 1 G?? Edgar B. Bayley, P.J. % cc: "P<rbara Sumple-Sullivan Attorney for Plaintiff .,4nald T. Kissinger Attorney for Defendant 1 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN BARRY L. WHITE AND MARIA E. WHITE Donald T. Kissinger, Esquire Barbara Sumple-Sullivan, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 549 Bridge Street 130 Walnut Street New Cumberland, PA 17070-1931 P.O. Box 810 Telephone: (717) 774-1445 Harrisburg, PA 17108 Counsel for Maria E. White Telephone: (717) 234-2616 Counsel for Barry L. White MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this 15 day of , 2007, by and between BARRY L. WHITE, of York County, Pennsylvania, and MARIA E. WHITE, of Cumberland County, Pennsylvania; WITNESSETH: WHEREAS, Barry L. White (hereinafter referred to as "Husband") was born on April 25, 1948 and currently resides at 110 Pine Street, Dillsburg, York County, Pennsylvania 17019; WHEREAS, Maria E. White (hereinafter referred to as "Wife") was born on May 28, 1949 and currently resides at 544 Warren Street, Lemoyne, Cumberland County, Pennsylvania 17043; WHEREAS, the parties hereto are husband and wife, having been lawfully married on July 17, 1971 in Oberlin, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about September 10, 2000; WHEREAS, two children were born of the marriage between the parties, both of whom are now emancipated; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Husband and Barbara Sumple-Sullivan, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable; it is being entered into freely and voluntarily; the execution of this Agreement is not the result of any duress or undue influence; that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that, on May 11, 2005, Wife initiated a divorce action under, inter alia, the no-fault provisions of the Divorce Code by filing a Complaint docketed at action number 05-2436 in the Court of Common Pleas of Cumberland County. The parties further acknowledge the ninety (90) day waiting period provided for under section 3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution of this Agreement, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife who shall promptly submit said affidavits and waivers to the Court along with all other documents necessary to precipitate the prompt entry of a divorce decree. Wife's receipt of the alimony payments called for under this Agreement is expressly conditioned upon her execution of her Affidavit and Waiver contemporaneously with the execution of this Agreement. 4 5. EQUITABLE DISTRIBUTION. (a) Marital Residence. The parties acknowledge they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 544 Warren Street, Lemoyne, Cumberland County, Pennsylvania 17043 (hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to the Marital Residence: (1) Wife shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the Marital Residence. Husband shall, at Wife's request, execute a deed transferring all of his right, title and interest in the Marital Residence to Wife. (2) Husband agrees that, as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such 5 liabilities and expenses or resulting from Husband's ownership interest in the Marital Residence. Husband warrants that he has not incurred any mortgages, lines of credit or other encumbrances against the Marital Residence. Husband further affirms that he, himself, has taken no action to create any lien against the Marital Residence. If alien or encumbrance exists on the Marital Residence attributable to Husband, Husband agrees to indemnify and hold Wife harmless from said obligation and shall pay all costs and expenses associated with the lien or encumbrance. Wife agrees she will take the steps to transfer all utilities on the Marital Residence into her sole name. (b) Pine Street Residence. The parties acknowledge they each have a colorable possessory interest in that certain house and lot and all improvements thereupon situated at 110 Pine Street, Dillsburg, York County, Pennsylvania 17019 (hereinafter referred to as the "Pine Street Residence"), which interests were created by Husband's father. The parties agree as follows with respect to their possessory interests in the Pine Street Residence: (1) Wife hereby releases for all time any and all possessory interest she may have in and to the Pine Street Residence. Wife acknowledges that any possessory interest she may have had in the Pine Street Residence is hereby conveyed unto Husband who shall continue to enjoy the possessory interest he maintains on the residence. Wife shall, at Husband's request, execute a deed transferring all of her right, title, claim and interest in the Pine Street Residence to Husband. 6 (2) Wife agrees that, as of the execution date of this Agreement, to the extent Husband's possessory interest in the Pine Street Residence affords him the ability to collect under any title policies or any other policies of insurance with respect to the residence, Wife acknowledges that any right she may have had to collect any under any such policies as a result of her previous possessory interest is hereby waived and released, and Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Wife shall have no responsibility for any cost, expenses or liabilities associated with or attributable to the Pine Street Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs. Husband shall be solely responsible for said costs and expenses, and he shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may incurred in connection with such liabilities and expenses. Wife agrees to execute any documents necessary to transfer the phone to the Pine Street Property into Husband's sole name. (c) Dillsburg Lot. The parties acknowledge they are the titled owners, as tenants by the entireties, of a 1.84 acre vacant lot situated adjacent to 110 Pine Street, Dillsburg, York County, Pennsylvania 17019 (hereinafter referred to as the "Vacant Lot"). The parties agree as follows with respect to the Vacant Lot: 7 (1) Husband shall become the sole and exclusive owner of the Vacant Lot and shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future, right, title, claim and interest she may have in and to the Vacant Lot. Wife shall, at Husband's request, execute a deed transferring all of her right, title, claim and interest in the Vacant Lot to Husband. (2) Wife agrees that, as of the date of execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Vacant Lot shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Vacant Lot, including, but not limited to, any mortgages, any and all loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including actual attorneys' fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's ownership interest in the Vacant Lot. 8 (d) Proceeds from Sale of Anna Boward Property. The parties acknowledge that, during marriage, they each received proceeds from the sale of property owned by Anna Boward pursuant to an equal division from the Boward estate. Husband and Wife agree that the monies received by each other shall remain that party's sole and separate property, and each party hereby waives, relinquishes and releases any and all past, present or future, right, title, claim or interest in and to the monies received by the other from the sale of said property, including any earnings thereon or any property acquired therewith or in exchange therefor. Furthermore, each party hereby specifically waives and releases any and all claims each party may have as against the other relating to the Anna Boward estate and their position as joint beneficiaries thereunder. To the extent any claim is brought against the Anna Boward estate or against Husband as executor of said estate, Husband agrees he shall be solely responsible for any and all liability, cost or expense, associated with the claims made against the estate or Husband as executor thereof, and he agrees to indemnify and hold Wife harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred as a result of such liability. (e) Motor Vehicles. (1) Husband agrees Wife shall retain possession of and receive as her sole and separate property the 1992 Oldsmobile Cutlass Sierra automobile currently titled Husband's sole name, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Husband shall execute and convey the title to said vehicle to Wife as soon as practicable after execution hereof. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or 9 expense, including actual attorneys' fees, incurred in connection with any vehicle belonging to Wife by virtue of this subparagraph. (2) Wife agrees Husband shall retain possession of and receive as his sole and separate property any and all automobiles currently titled in his sole name or in his possession, including, but not limited to, the 1997 Chevrolet Blazer automobile, the 1991 GMC S-10 pick up truck and the 1990 Flat bottom boat and trailer, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. (3) The parties acknowledge Husband sold a 1993 Ford Dully truck and a 1971 Sea Ray Boat and trailer, both of which were titled in Husband's sole name, and that Husband retained the sale proceeds thereof. Wife agrees the sale proceeds received by Husband constitute his sole and separate property, and Wife hereby waives, relinquishes and releases any and all past, present for future, right, title, claim or interest she may have in and to the sale proceeds received by Husband. (4) The parties agree they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. Life Insurance. The parties acknowledge and agree each shall retain as his or her sole and separate property, any and all life insurance policies in his or her sole name, free of any right, title and interest of the other party. 10 (g) Pension and Retirement Benefits. Except as specifically set forth below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. Wife shall retain her Medical Service Association of Pennsylvania pension. Notwithstanding the above, the parties acknowledge Husband became entitled to benefits under his Teamster's Retirement Income Plan, which Husband subsequently rolled over into an individual Retirement account with ING, account number C024786-OY. The parties -- acknowledge that each received the sum of Twenty Thousand Dollars ($20,000.00) out of -: Husband's Teamster's Retirement Income Plan prior to said rollover. Husband agrees that Wife shall receive, as and for her sole and separate property, free of any and all right, title, claim or interest of Husband, the sum of One Hundred Seventeen Thousand Five Hundred Dollars ($117,500.00) plus interest, earnings or losses thereon from December 7, 2006 until the date said funds are transferred, which proceeds shall be transferred out of Husband's ING IRA into an account identified by Wife by way of tax free rollover. To the extent an order is required to effectuate the tax free rollover, said order shall be prepared by or at the direction of counsel for Wife, the cost of which shall be Wife's sole responsibility. 11 Furthermore, the parties acknowledge Husband earned retirement benefits under a Teamster's Pension Plan, which benefit is currently in pay status. Husband agrees Wife shall receive, as her sole and separate property, free of any and all right, title, claim or interest of Husband, his entire interest in his Teamster's Pension Plan. In order to effectuate the transfer of said benefits, Wife shall be responsible for preparing a Qualified Domestic Relations Order. Pending the implementation of said Qualified Domestic Relations Order, Husband shall pay to Wife monthly sums out of his pension benefit as and for alimony, which obligation is set forth hereafter. (h) Cash Accounts, Stocks and Investments. (1) The parties acknowledge that, during marriage, they maintained a John Hancock Mutual Fund account, account number 21-3654271, which is presently in the joint names of the parties. Husband agrees Wife shall receive said mutual fund account as her sole and separate property, and Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest he may have in and to the John Hancock Mutual Fund account and the monies contained therein. Wife shall take the steps necessary to remove Husband's name from the mutual fund account, and Wife shall be solely responsible for any and all costs and expenses associated with the removal of Husband's name from the account. (2) The parties agree Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, any and all cash accounts, stocks and investments titled in her sole name. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest he may have in and to said cash accounts, stocks and investments and the monies contained therein. 12 (3) Wife agrees Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, any and all cash accounts, stocks and investments titled in his sole name. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest she may have in and to said cash accounts, stocks and investments and the monies contained therein. (4) During marriage the parties maintained a jointly titled checking and savings account with PNC Bank. Wife agrees Husband shall retain said PNC checking and savings account as his sole and separate property, and Wife hereby waives, relinquishes and releases any and all past, present or future, right, title, claim or interest she may have in and to the PNC checking or savings account and the monies contained therein. (i) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (j) Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 13 (k) Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (1) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other parry and his or her property harmless from any and all debts, obligations and liabilities. (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Wife in connection therewith. 14 (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and actual attorney's fees incurred by Husband in connection therewith. (o) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY ALIMONY PENDENTE LITE SPOUSAL SUPPORT. Except as otherwise set forth below, Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood that the foregoing constitutes a 15 final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Accordingly, Wife shall take the steps to withdraw with prejudice her pending claim for spousal support, and she shall direct the court to enter an order terminating said obligation as of March 31, 2007. Notwithstanding the above, the parties do agree to the payment of limited alimony as set forth herein. Wife shall receive, as and for alimony, a lump sum in the amount of Two Thousand Two Hundred Thirty Dollars ($2,230.00) payable within thirty (30) days from execution of this Agreement which sum is equivalent to one-half of the gross retroactive lump sum Husband received from the Teamster's when his pension plan was activated to "pay status." In addition, commencing April 1, 2007, until such time as the Qualified Domestic Relations Order called for supra is implemented to afford Wife Husband's interest in his Teamster's Pension Plan, Husband shall pay to Wife, as and for alimony, the monthly sum of Two Hundred Thirty Four Dollar s ($234.00), which payment shall be due on or before the fifteenth (15`'') of each month. Husband's obligation to provide the alimony called for herein shall be non-modifiable in duration or amount. Notwithstanding the foregoing, the parties agree Husband's alimony shall terminate absolutely upon either Wife's death or Husband's death. But for the limited alimony called for herein, neither party shall have any obligation to pay or to receive alimony, spousal support, alimony pendente lite or other financial support payments. 7. MEDICAL INSURANCE COVERAGE. The parties acknowledge that, following the entry of a divorce decree, neither party shall be obligated to provide medical insurance coverage on the other party, and to the extent either party is providing said insurance coverage for the other party, said coverage shall terminate upon the entry of a divorce decree. 16 8. COUNSEL FEES COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 17 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other 18 law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 19 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 20 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: Barry L. White 110 Pine Street Dillsburg, PA 17019 and to Wife, if made or addressed to the following: Maria E. White 544 Warren Street Lemoyne, PA 17043 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 1g. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21 21. EFFECT OF RECONCILIATION COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 22 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses actually incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. BARRY E 1110 MARIA E. WHITE 23 WITNESS COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared BARRY L. WHITE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this f day of 1V\ a I-Cli- , 2007. Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DONNA 1. KNISELY, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY NIY COMMISSION EXPIRES APRIL 2B, 2008 24 COMMONWEALTH OF PENNSYLVANIA j COUNTY OF u rn4- ) BEFORE ME, the undersigned authority, on this day personally appeared MARIA E. WHITE, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this /5-t-'?day of P)G,,-Gk,,,-- , 2007. Notary Public in and for Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: L ULUVAN ic CUMBERLAND COUNTY Nov 15, 2007 EN, 25 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARIA E. WHITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. BARRY L. WHITE, Defendant : NO. 05 - 2436 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 11, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: '5" 3 r Ol MARIA E. WHITE r? ? ?:-,.? ti? c?:a -.-u, ; •? ---? 3 .,: r?`?.. --?R-_ __ ?? ,? :.,,? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARIA E. WHITE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05 - 243 6 BARRY L. WHITE, : CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. 5. DATE: MARIA E. WHITE - t"7 "17 - L- -r+ a 0 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARIA E. WHITE, Plaintiff ) NO. 05-2436 V. ) BARRY L. WHITE, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 11, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY'OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4404 relating to unsworn falsification to authorities. Date: -? - C2 ite, Defendant f^'? t`.) ... r'.) '?i. -Y ? - :--Y i? r.._ ? ,?„? ; .. . ;w..} ?? _? ``??} ???1 4.:•.J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner MARIA E. WHITE, Plaintiff V. BARRY L. WHITE, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05 - 2436 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified Mail Restricted Delivery on May 17, 2005. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: May 3, 2007; by Defendant: May 3, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated March 15, 2007 and incorporated, but not merged, into the Decree. See paragraph 26, page 23 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: May 4, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with Prothonotary: May 4, 2007. /'1 Dated: May._, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Aft Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner MARIA E. WHITE, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05 - 2436 BARRY L. WHITE, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 DATED: May sJ, 2007 _ Barbara g[ty e-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff f f) i'?J _ w i ., ?'c, 3--- - I ._. a __ ... _• -. ii-? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARIA E. WHITE, Plaintiff N Q, 05 - 2436 BARRY L. WHITE, VERSUS Defendant DECREE IN DIVORCE AND NOW, _?I(?z ! 2007 IT IS ORDERED AND DECREED THAT MARIA E. WHITE PLAINTIFF, BARRY L. WHITE AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated March 15, 2007 and incorporated, but not merged, into the Decree. E A evr? ,tea ?''J ?o- i? ?s I c Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 MARIA E. WHITE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05 - 2436 BARRY L. WHITE, CIVIL ACTION -LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER In accordance with the Agreement of the parties, this Order disposes of all or a portion of the Participant's pension benefit in the Central Pennsylvania Teamsters Defined Benefit Plan (the "Plan"). 1. Participant Information: Name: Barry L. White Address: 110 Pine Street Dillsburg, PA 17019 Date of Birth: April 25, 1948 Social Security No.: 161-34-0034 The Participant is currently receiving a monthly pension from the Plan. 2. Alternate Payee Information: Name: Maria E. White Address: 544 Warren Street Lemoyne, PA 17043 Date of Birth: May 28, 1949 Social Security No.: 177-42-1822 3. Date of Marriage and Separation/Divorce: The Participant and the Alternate Payee were married on July 17, 1971, and were divorced on Ar , 2007. 4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned the monthly pension benefit that the Participant is currently receiving under the Plan. The Fund is to make payment of the Alternate Payee's benefit directly to the Alternate Payee. L S= I I HIV 9- g tV LODZ Atit'li0NU"'rU(,l ci ?HI JO . 5. Formula for Determining Alternate Payee's Benefit: Check one of the following options and complete the applicable blank, or select an alternative method that the Plan Administrator can calculate based on information that it possesses. All benefits under the Plan must be paid as a monthly benefit. The Alternate Payee shall be entitled to $ J _ va per month. or The Alternate Payee shall be entitled to one hundred (100%) percent of the Participant's monthly benefit and elected survivor annuity benefit. or ? The Alternate Payee shall be entitled to percent of the Participant's monthly benefit that accrued from the date of the marriage to the date of the divorce/separation. If the Participant has elected the "Combined Minimum Monthly Benefit" or the "Rule of 82 to 85" Benefit, it is assumed that the Alternate Payee is entitled to the subsidized portion of the benefit (if any), but not entitled to the portion of the benefit, if any, that is attributable to amounts the Participant transferred from the Central Pennsylvania Teamsters Retirement income Plan 1987 or the Retirement income Plan 2000. If this is not the intention of the Parties, the Order must specifically provide otherwise. 6. Commencement of Payments to the Alternate Payee: The Alternate Payee shall begin to receive a portion of the Participant's benefit effective with the first payment after the Fund has qualified the Order. 2 7. Death of the Alternate Payee: If the Alternate Payee predeceases the Participant, the portion of the benefit assigned to the Alternate Payee by this order will revert to the Participant. 8. Death of the Participant: If the Participant predeceases the Alternate Payee, the Alternate Payee's benefits shall cease. If the Participant is receiving his benefits in the form of a qualified joint and survivor annuity and the Alternate Payee was the spouse on the date the Participant retired, the Alternate Payee is automatically entitled to receive a survivor annuity on the Participant's death. 9. Construction: This order is not intended, and shall not be construed in such a manner as, to require the Plan Administrator: (a) to provide any 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; or (c) to require the payment of any benefits to the Alternate Payee under another order which previously was deemed to be a Qualified Domestic Relations Order. 10. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee of all benefits made by the Plan to the Alternate Payee pursuant to this order. The Fund will issue a Form 1099-R to the Alternate Payee with respect to each calendar year in which the Alternate Payee receives benefits and will report such income to the IRS under the Alternate Payee's name and Social Security Number. 11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to amend the order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under applicable law. 12. Qualification: The Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended, and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. So ORDERED, this day of Pj , 2007. BY THE COURT, Barry L. Y(hite Plan Participant Z" Aai?g= C?-- Maria E. White Alternate Payee P.O. Box 810 Harrisburg, PA 17108 (717) 23 X---) Sumple-Sullivan, Esquire for Alternate Payee 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street ?-? `' c`? ... ? ? wp t.,F?i _ ? `?Z ?L.. "+.i t •1 ?? ? .r ®..., - .. j -i --K,: