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Home My WebLink About05-3995 MARY ANN OTT, Plaintiff VS. JOSEPH P. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OS- 39gS ?? i : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, Cumberland County Courthouse, One Courthouse Square, 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 MARY ANN OTT, Plaintiff VS. JOSEPH P. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con pronfitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base pars el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 MARY ANN OTT, Plaintiff VS. JOSEPH P. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0,Jr-3995 : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DOMESTIC RELATIONS CODE AND NOW, comes Plaintiff, Mary Ann Ott, by and through her counsel, Linda A. Clotfelter, Esquire, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiff is Mary Ann Ott, (hereinafter "Plaintiff'), an adult individual who resides at 103 Susan Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Joseph P. Ott, (hereinafter "Defendant"), an adult individual who resides at 103 Susan Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. 4. Plaintiff and Defendant were married on May 24, 1986 in Altoona, Blair County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since July 21, 2005. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Defendant is not a member of the armed forces of the United States or any of its allies. 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and grant such other relief as this court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dated: -7 /A 7 /05 Clotfelter, Esquire ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 Telephone (717) 796-1933 Facsimile Attorney for Plaintiff MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I, MARY ANN OTT, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 1- Q? - b-5 MARY OTT, Plaintiff ? ?, ; - ,, -?. ,?- ? J ? ?- ?i ? ? ? _ ?.: ?° -r- --- ` r MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Joseph P. Ott, Defendant in the above-captioned matter hereby accept service of the Complaint in Divorce filed by Plaintiff. Service is accepted on the -/ - S day of E_ `?/ C7? 2005. JO H . OTT, Defendant MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this GTM' day of SCPTEM66)2, , 2005, the undersigned hereby certifies that a true and correct copy of the foregoing ACCEPTANCE OF SERVICE was served upon the opposing party by way of United States first class mail, postage prepaid, addressed as follows: Joseph P. Ott 103 Susan Lane Carlisle, PA 17013 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER By. 7 k ce L. o ie Legal Assistant ( e t-) ?11 -? _f° ?'a !__ a -. i'1", _? 1 v'?. _? '"") `'J lar7 ? I & vs? ; r9' 0.T, MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this -?" day of M-\- "+F , 2006, between MARY ANN OTT, (hereinafter referred to as WIFE) and JOSEPH P. OTT (hereinafter referred to as HUSBAND). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on May 24, 1986, and they have been separated within the meaning of Pennsylvania Divorce Code since July 21, 2005; and WHEREAS, there are two (2) children born of this marriage; namely, Krysti M. Ott, age 18 years, having been born November 2, 1987; and Casey M. Ott, age 14 years, having been born July 3, 1991; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of the Husband and Wife to live separate and apart, and the parties hereto are desirous of settling 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 past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and , in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented in this proceeding by Linda A. Clotfelter, Esquire and Husband has been unrepresented, but understands that he has the right to have independent legal representation in this matter. - 1 - Husband has knowingly and willingly decided not to seek independent legal counsel in this matter, despite Wife's encouragement to do so. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. WHEREAS, the parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 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. PERSONAL RIGHT'S. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference, or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of the Agreement. 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 in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. -2- 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, of claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception 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 testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania., any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital reflation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the 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 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 hereof. -3- It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present, and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any other counsel fees, costs and expenses incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 21. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will -4- and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes, and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their 5- respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decision on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon their party. Given said understanding and acknowledgement, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all material and separate property as defined by Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. C. Discoverv: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of the Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court. -6- d. Determination of Marital and Non-Marital Property: The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs, and expenses. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. MOTOR VEHICLES. The parties specifically acknowledge herein that the parties' vehicles shall be distributed as follows: 1. Dodge Truck - Husband shall have exclusive use and ownership of the 2001 Dodge Truck and he shall be solely responsible for the financial obligations associated with the vehicle and he shall hold Wife harmless from same. 2. Ford Escape - Wife shall have exclusive use and ownership of the 2001 Ford Escape and she shall be solely responsible for the financial obligations associated with the vehicle and she shall hold Husband harmless from same. 7- 3. Chevrolet Cavalier - Wife shall have exclusive use and ownership of the Chevrolet Cavalier which is intended to be used by the parties' daughter, Krysti M. Ott. Wife shall be solely responsible for the financial obligations associated with the vehicle and she shall hold Husband harmless from same 4. Jeep Wrangler - Wife shall have exclusive use and ownership of the Jeep Wrangler and she shall be solely responsible for the financial obligations associated with the vehicle and she shall hold Husband harmless from same. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfers as herein provided. Furthermore, each party shall become solely responsible for the insurance and financial obligations associated with the vehicles he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefor. If a party does not have access to a title document to carry out the terms of this provision, then both parties agree that he or she will execute a vehicular power of attorney immediately upon a request for same in the interest of accomplishing the terms of this provision. B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto are in the process of dividing between themselves, to their mutual satisfaction, all items of tangible and intangible marital property and they intend to resolve, upon mutual agreement the distribution of the specific items of household and personal property acquired during the marriage. If the parties are unable to resolve the personal property issues upon mutual agreement, then the household and personal property within each party's custody and control shall be deemed to be the property of the person who has possession and the property shall become that party's sole and exclusive property, unless otherwise agreed by the parties. 8- Neither party shall make any claim to any such items of marital property designated to the other party, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this Paragraph. Property shall be deemed to be in the possession or under control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as a passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. C. PENSION PROFIT-SHARING, RETIREMENT, OR OTHER PLANS RELATED TO EMPLOYMENT. Except as hereafter provided, each of the parties hereto expressly waives and relinquishes any right, claim, title or interest in any pension, profit-sharing, retirement, other employment-related or retirement plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. It is the parties' specific intent to divide equally the following retirement accounts titled to Husband's name alone as per each subparagraph: 1. Husband's SynTec Company Pension Plan Cash Balance Account to be divided equally as of the date of distribution (with an approximate value of $9,364.69 as of 12131/2003) and a current value to be provided prior to distribution; 2. Husband's profitsharing compensation paid by his employer, Carlisle SynTec, shall be divided equally between the parties each year until the parties' youngest child reaches eighteen (18) years of age. It is anticipated that for 2005 Husband will receive the profitsharing compensation from his employer March 9- 2006 and accordingly, the parties agree that Husband shall disburse to Wife Fifty (50%) Percent of the total sum paid to Husband within ten (10) days of Husband's receipt of the sum from his employer, Carlisle SynTec, and this process shall continue on an annual basis until the expiration of the time described in this subparagraph; 3. Husband's U.S. Air Force retirements, the nature and value of same to be provided prior to distribution with same to be divided equally as of the date of distribution; 4. Any and all retirements through Carolina Freight including but not limited to the Central Pennsylvania Teamsters Retirement Income Plan with an approximate value of $69,521.57 as of June 30, 2005, to be divided equally as of the date of distribution; and 5. Husband's Carlisle Corporation Employee Incentive 401(k) Savings Plan through Carlisle SynTec and administered by Wachovia (with an approximate value of $5,254.88 as of June 30, 2005) shall be divided equally between the parties as of the date of distribution. It is the parties' specific intent that Wife shall retain her Money Purchase Pension through her employer that is administered by Lincoln Financial Group with an approximate value of $1,773.28 as of March 31, 2005. The parties also agree to cooperate fully in effectuating the distribution of the retirement accounts addressed in this provision. If one or more qualified domestic relations orders (QDRO) are necessary to effectuate this provision, the parties further agree to share equally the professional fee required to prepare the QDRO and/or any administrative fees charged by any plan administrator to administer the QDRO. If either party withdraws any sums from any retirement plans distributed to him or her to the terms of this paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. -to- D. DISTRIBUTION OF CASH ASSETS STOCKS AND BONDS, AND INVESTMENT ACCOUNTS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts, investment accounts, and other similar accounts. The parties further agree that they shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names. E. REAL ESTATE. The parties acknowledge that during the marriage they jointly owned residential real estate that was utilized as the marital residence and more commonly known as 103 Susan Lane, Carlisle, Pennsylvania (hereinafter the "Marital Real Estate"). The parties acknowledge that Wife has refinanced the mortgage on the Marital Real Estate; Husband has been released from any and all liability related to the Marital Real Estate; and the parties have executed and recorded a deed in which Husband waives any and all rights that he may have had, he may now have, or he may have in the future in the real estate, including by not limited to those rights pursuant to the equitable distribution provisions of the Pennsylvania Divorce Code. 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future, will not contract or incur any debts or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future, she will not, contract or incur any debts or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or - 11 - demands made against him by reason of such debts or obligations incurred by her since the date of separation, except otherwise set forth herein. a. Marital Debt: During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: b. Wife's Debts: Wife shall be solely responsible for the following bills and debts: 1. Mortaaae: The mortgage as referenced in Paragraph 7 (E), herein; 2. Real Estate Expenses: Any and all expenses associated with the Real Estate as referenced in Paragraph 7 (E), herein including but not limited to the trash, water, sewer, cable, electric, internet service, telephone and cellular telephone bills for Wife and daughter; 3. Vehicle Expenses: The secured loan(s), if any for the Ford Escape, Chevrolet Cavalier and Jeep Wrangler that are to be retained by Wife, as well as the automobile insurance and any other liabilities related to the vehicles; 4. Retirement Funds: Any and all taxes resulting from any withdrawals of funds from her retirement accounts; 5. Other Debts: Any and all other debts; liabilities, obligations, loans, credit card accounts, and the like incurred but not limited to the PSECU Visa and the TJ Maxx credit card. d. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Dodge Truck Expenses: Any secured loan payment for the Dodge Truck is to be retained by Husband, as well as automobile insurance and any other liabilities related to the vehicle. 2. Other Debts: Any and all debts, liabilities, obligations, loans, credit card accounts, and the like incurred in the Husband's sole name, and not otherwise provided for herein, including but not limited to the Visa account, MBNA account and the Sears account, and any and all other accounts in Husband's sole name, regardless of the time during which they were incurred. 12- e. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not responsible of the other party. This includes, but is not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. I. No Further Charges on Joint Debts: Neither party shall make any further charges on any joint debt for which the other party may be responsible, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. g. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to share equally the attorney's fees and costs incurred with respect to the negotiation and drafting of this property settlement agreement and the divorce proceedings related hereto. 10. ALIMONY. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Both parties accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, counsel fees or expenses, or for any other 13- provisions for support and maintenance before, during and after the commencement of any proceedings for the divorce or annulment between the parties, with the exception of Husband's agreement to pay for Wife's medical insurance until the parties' divorce is finalized. It. CHILD SUPPORT. The parties agree that Wife shall have primary custody of the children and Husband shall have partial custody periods as mutually agreed by the parties. Furthermore, the parties hereby stipulate and agree that Husband shall pay to Wife the sum of $400.00 per child per month for a total of $800.00 per month as child support, payable at a rate of $200.00 on Friday of each week for the first four (4) Fridays of each month, payable until Kristi M. Ott graduates from high school, at which time the child support for Casey M. Ott shall be $550.00 per month, payable at a rate of $137.50 on Friday of each week for the first four (4) Fridays of each month. The parties acknowledge that they have agreed upon these specific terms for child support in consideration of Wife's waiver of her claim for spousal support and alimony; waiver of the inclusion of Husband's overtime income from SynTec as well as Wife's waiver of the inclusion of Husband's income from his second job at the trucking company. The parties agree that while these specific terms are in effect, Wife shall pay for the cost of medical insurance for the children and that Husband shall obtain his own medical insurance for himself as soon as the divorce decree is entered. It is also agreed that the parties shall share equally any out of pocket, unreimbursed medical expenses for the children with Wife making the initial payment and Husband reimbursing Wife for his Fifty (50%) Percent of the expense within ten (10) days of a request for same. The parties further agree to share equally the children's expenses such as clothing, shoes, school supplies, and medical bills including optometric and dental costs, college fees, and other similar expenses that do not exceed reasonable sums until each child graduates from high school -14- or attain age eighteen (18), whichever is later. It is also agreed that Wife shall retain any and all rights that she may have to child support under the Pennsylvania Domestic Relations Code and its amendments, and accordingly, she may seek modification of child support and/or seek a wage attachment at any time as provided by Pennsylvania law. 12. COLLEGE EXPENSES. The parties each acknowledge herein that it is their intent to contribute to the expenses associated with the college or other post-high school education for their children, to the extent that they are financially able at that time. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summers and other school breaks, clothing and miscellaneous spending money, however, the provisions herein acknowledging the parties intent, shall not in any manner, confer third party beneficiary rights unto their children for the payment of said expenses. If applicable, both parents shall be involved in and have input into the choice of academic institutions selected by the children. Further, the children will be required to apply for and to use all possible grants, scholarships and work-study programs and any of their own income or assets before the parties are responsible to contribute to their college expenses. 13. DIVORCE. A Complaint in Divorce was filed in the Court of Common Pleas of Cumberland County, Pennsylvania to Civil Docket Number 05-3995. Either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to section 3301 (c) of the Divorce Code within five (5) days of a request for same when the ninety (90) day waiting period has expired. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any 15- action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 14. BANKRUPTCY. The parties acknowledge that Husband has filed for protection under Chapter 13 of the United States Bankruptcy Code and his case is presently pending while Wife has not heretofore instituted any bankruptcy proceedings. The parties agree that Husband shall continue with his pending bankruptcy until it is discharged, or otherwise resolved in a manner that does not negatively affect Wife or her credit. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, and it is further agreed that any payments made by either party for or on behalf of the other party shall be considered to be in the nature of maintenance or support, and therefore, same are not dischargeable in bankruptcy. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well as that of the parties' children. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further if a party's right to have payments made by the other becomes a 16- matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 15. RECONCILIATION, Notwithstanding reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 16. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be independently of any support order, divorce decree of judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17- 17. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of the Agreement shall be defined as the date of execution by the party last executing the Agreement. 18. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of then, and of all sources and amounts of income received or receivable by each party. 19. 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. 20. BREACH. If either party breaches any provision of the Agreement, the other party shall have the following rights and remedies, at his or her election, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. is- b. Damaees: the right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Divorce Code Remedies: The right to all remedies set forth in Section 3502 (e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 789 3502 (e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorney's Fees: Any award of "reasonable attorney's fee" as used in this paragraph, shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 21. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 22. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 23. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further 19- instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. SEVERABILITY. 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 shall continue in full force, effect and operation. 25. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 26. DISCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 27. BINDING EFFECT. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. 20- IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties have hereunto se their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: MARY ANN OTT 7O PH .OTT -21- COMMONWEALTH OR PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this ? 'k day of MR2C i i - 2006, before me, the undersigned officer, personally appeared MARY ANN OTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOVAK SM STACEY t HOWIE NofarV Public Im MAPDEN TWP CUMBERLAND COUNTY y y CommiWOn Expires Jun 22, 2009 COMMONWEALTH OR PENNSYLVANIA COUNTY OF CUMBERLAND N6tary Publi SS. On this )Q day of ??Ctnr h 2006, before me, the undersigned officer, personally appeared JOSEPH P. OTT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. LMNIONWEALTH OF PENNSYLVANIi NOTARIAL SEAL !NDA McCLELLAN, Notary Public 0 of Carlisle, Cumberland County nmmiasion Expires oct 26, 2009 (5((J-941 /) Notary Public 22- 4;$ AWA'0.11 7Fi9 r ;l ~' n 7 ti e Cr ;? MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 5, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, and 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. Section 4904, relating to unsworn falsification to authorities. Date: ?Mark li?m--.,J Mary )?* Ott, Plaintiff _. ? (7 -i C7 Z "r MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 5, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, and expenses if I do not claim them before a divorce is granted. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3 C) 7 D?j Jo ,#h P. Ott, Defendant ?., ?,.. i-.9'7.: ?_? MARY ANN OTT, Plaintiff VS. JOSEPH P. OTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. NO. 05-3995 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 2 7-0(e 1?/l ?fillu? L Mary? n Ott, Plaintiff _,,? '; {' t?. Li r MARY ANN OTT, Plaintiff VS. JOSEPH P. OTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3995 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OFNOTICE 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 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:3-c-3 7-,OL J eph . Ott, Defendant ':'? :?.J ?? i'1 ?. ... ' l?.i l ) i \ MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on August 5, 2005. 3. Date and manner of Service of the Complaint: August 14, 2005 by Acceptance of Service of Defendant, as evidenced by the same filed on September 12, 2005. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on March 27, 2006, and filed on March 31, 2006. The Defendant's Affidavit of Consent was executed on March 27, 2006, and filed on March 31, 2006. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on March 27, 2006, and said waiver was filed on March 31, 2006. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on March 27, 2006, and said waiver was filed on March 31, 2006. 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated March 27, 2006, which will be incorporated into the Divorce Decree as per Paragraph 16 on page 17 of the Agreement. Respectfully submitted, Date: LAW FIRM OF LINDA A. CLOTFELTER Li a A. Clotfelter, Esquire A mey I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile ?') rq -f . , ?; __ i : r. ?? 'K IN THE COURT OF COMMON PLEAS MARY ANN OTT OF CUMBERLAND COUNTY STATE OF PENNA. PLAINTIFF VERSUS JOSEPH P. OTT DEFENDANT N O . 05-3995 DECREE IN DIVORCE AND NOW,___ y n% ?j 2006 , IT 1S ORDERED AND DECREED THAT Mary Ann Ott AND Joseph P. Ott ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; 'y IT IS FURTHER ORDERED that the terms of the Marital Settlement Agreement of the parties dated March 27, 2006, shall be incorporated herein, but not merged, for the purposes of enforcement only, as per Paragraph 16 on Daee 17 of same. BY THE COURT: ATTE$?f: J. • PROTHONOTARY "i`?" "/`, ? `/ ? r MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION AND NOW, this day of 2006, the parties in the above- referenced matter hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto may be adopted as a Court Order. MARY OTT, Plaintiff J EP P. OTT, Defendant MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION AND NOW, this day of , 2006, the parties in the above- referenced matter hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto may be adopted as a Court Order. ?. j22? MARY A OTT, Plaintiff J P P. OTT, Defendant R . MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION AND NOW, this day of , 2006, the parties in the above- referenced matter hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto may be adopted as a Court Order. MARY OTT, Plaintiff J EP14 P. OTT, Defendant i NOV 16 2006 Mi MARY ANN OTT, : IN THE COURT OF COMMON PLEAS. OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals The parties to this action have entered into a Martial Settlement Agreement dated March 27, 2006, that was incorporated into the Divorce decree dated April 6, 2006, pursuant to paragraph 16 on page 17 of the Marital Settlement Agreement. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under a retirement plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") § 401 (a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code § 414 (p). The Court enters this QDRO pursuant to its authority under 23 Pa. C.S.A. § 3502. This court shall and does reserve jurisdiction to make such modifications as may be necessary to ensure that these provisions comply with the requirements of said law. The assignment made hereby is made pursuant to this Court's jurisdiction and duty under the laws of the Commonwealth of Pennsylvania to make property settlements in divorce actions in satisfaction of marital rights. Statements of Fact Pursuant to Code § 414 (p) 3. This QDRO applies to the Central Pennsylvania Teamsters Retirement Income Plan 1987 (hereinafter the "Plan"). Further, this Order shall apply to any successor plan. Any changes in the Plan, sponsor, or name of the plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Joseph P. Ott ("Participant") is a participant in Central Pennsylvania Teamsters Retirement Income Plan 1987. Mary Ann Ott ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Home Address: Joseph P. Ott RR 5 Box 2358 Altoona, PA 16601 SS No.: 202-62-7287 Date of Birth: July 6, 1967 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Mary Ann Ott Home Address: 103 Susan Lane Carlisle, PA 17013 SS No.: 195-56-8010 Date of Birth: August 24, 1964 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's Central Pennsylvania Teamsters Retirement Income Plan 1987 benefits payable to the Alternate Payee under this QDRO is fifty percent (50%) of the balance of the account on the date the QDRO is ordered by the Court. 8. The Administrator of the Plan shall pay over and deliver to Payee the lump sum payment of the amount described in the preceding sentence. The distribution may be completed as an eligible rollover distribution to an Alternate Payee spouse or former spouse. Such distribution shall be made as soon as administratively possible. The Alternate Payee's portion of the benefits described above shall be credited with any investment earnings or losses attributable thereto from the date the QDRO is ordered by the Court until the date of total distribution to the Alternate Payee. III. Recitals Pursuant to Code § 414 (p) (3) 9. The QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 10. This QDRO does not require the Plan to provide increased benefits. 11. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order that requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 12. The amount herein allocated to the Alternate Payee shall be payable to the Alternate Payee at the earliest date allowable under the terms of the Plan. The Alternate Payee's interest in said Plan shall be payable in any form permitted under the Plan. If the Alternate Payee's benefits do not permit immediate distribution, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code § 414(p)(4)(B). The Alternate Payee's account shall be segregated from the Participant's account for it accounting purposes and shall share in earnings and losses of the trust subsequent to the date of this order, to the same extent as if the Alternate Payee were a vested terminated Participant. 13. If the Alternate Payee's account balance is not to be distributed immediately, the Alternate Payee shall be treated as a vested terminated Participant under the Plan, to receive all statements, reports and/or summary plan descriptions and to elect distributions at the time and in any form permitted for vested terminated Participants under the Plan, except a qualified joint and survivor annuity for the Alternate Payee and her subsequent spouse under the Plan, and except as may otherwise be provided in this Order. The Alternate Payee shall also designate beneficiaries for any benefits payable after the death of the Alternate Payee. If the Plan Allows Participants to direct investment of account balances, the direction shall be available to the Alternate Payee. The Alternate Payee shall execute any forms required by the Plan Administrator. 14. 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. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code § 414 (p), 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. In the event that the Plan 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 he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 17. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 18. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 19. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 20. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO to the Alternate Payee, if any. V. Procedure for Processing this QDRO 21. 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. BY THE COURT: Kevin . Hess, Judge i v DEC? ? ee.- K z CL ac_. bus x It? . ? ? ,,? , ? ? C`..; ; ? ? -;ri?.'. ??" ^?:1`?t - i `„ i MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION AND NOW, this day of , 2006, the parties in the above- referenced matter hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto may be adopted as a Court Order. MARY OTT, Plaintiff J EP P. OTT, Defendant NOV 16 200 0 MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals 1. The parties to this action have entered into a Martial Settlement Agreement dated March 27, 2006, that was incorporated into the Divorce decree dated April 6, 2006, pursuant to paragraph 16 on page 17 of the Marital Settlement Agreement. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under a retirement plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") § 401 (a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code § 414 (p). The Court enters this QDRO pursuant to its authority under 23 Pa. C.S.A. § 3502. This court shall and does reserve jurisdiction to make such modifications as may be necessary to ensure that these provisions comply with the requirements of said law. The assignment made hereby is made pursuant to this Court's jurisdiction and duty under the laws of the Commonwealth of Pennsylvania to make property settlements in divorce actions in satisfaction of marital rights. Statements of Fact Pursuant to Code § 414 (p) 3. This QDRO applies to The Retirement Plan for Employees of Carlisle Corporation (hereinafter the "Plan"). Further, this Order shall apply to any successor plan. Any changes in the Plan, sponsor, or name of the plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Joseph P. Ott ("Participant") is a participant in the Plan. Mary Ann Ott ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Home Address: SS No.: Date of Birth: Joseph P. Ott RR 5 Box 2358 Altoona, PA 16601 202-62-7287 July 6, 1967 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Mary Ann Ott Home Address: 103 Susan Lane Carlisle, PA 17013 SS No.: 195-56-8010 Date of Birth: August 24, 1964 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's Plan benefits payable to the Alternate Payee under this QDRO is fifty percent (50%) of the balance of the account as of July 27, 2006. 8. The Administrator of the Plan shall pay over and deliver to Payee the lump sum payment of the amount described in the preceding sentence. The distribution may be completed as an eligible rollover distribution to an Alternate Payee spouse or former spouse. Such distribution shall be made as soon as administratively possible. The Alternate Payee's portion of the benefits described above shall be credited with any investment earnings or losses attributable thereto from the date the QDRO is ordered by the Court until the date of total distribution to the Alternate Payee. M. Recitals Pursuant to Code § 414 (p) (3) 9. The QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 10. This QDRO does not require the Plan to provide increased benefits. 11. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order that requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 12. The amount herein allocated to the Alternate Payee shall be payable to the Alternate Payee at the earliest date allowable under the terms of the Plan. The Alternate Payee's interest in said Plan shall be payable in any form permitted under the Plan. If the Alternate Payee's benefits do not permit immediate distribution, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code § 414(p)(4)(B). The Alternate Payee's account shall be segregated from the Participant's account for accounting purposes and shall share in earnings and losses of the trust subsequent to the date of this order, to the same extent as if the Alternate Payee were a vested terminated Participant. 13. If the Alternate Payee's account balance is not to be distributed immediately, the Alternate Payee shall be treated as a vested terminated Participant under the Plan, to receive all statements, reports and/or summary plan descriptions and to elect distributions at the time and in any form permitted for vested terminated Participants under the Plan, except a qualified joint and survivor annuity for the Alternate Payee and her subsequent spouse under the Plan, and except as may otherwise be provided in this Order. The Alternate Payee shall also designate beneficiaries for any benefits payable after the death of the Altemate Payee. If the Plan Allows Participants to direct investment of account balances, the direction shall be available to the Alternate Payee. The Altemate Payee shall execute any forms required by the Plan Administrator. 14. 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. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code § 414 (p), 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. In the event that the Plan 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 Altemate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 17. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 18. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination, then the Altemate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 19. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 20. The Altemate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO to the Alternate payee, if any. V. Procedure for Processing this QDRO 21. 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. BY THE COURT: a ?_ ??n?? ,. ?,?ai ?? ? .? MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION AND NOW, this day of , 2006, the parties in the above- referenced matter hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto may be adopted as a Court Order. MARY A$N OTT, Plaintiff 1 P P. OTT, Defendant ?. _, ?.a r':" ? T' -?: Cif .___ ??? ` ?..? `':3 ?1 1 _?i i ll `=.' +_ 7 -ill .-? .. NOV 16 =,ri ?' MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals 1. The parties to this action have entered into a Martial Settlement Agreement dated March 27, 2006, that was incorporated into the Divorce decree dated April 6, 2006, pursuant to paragraph 16 on page 17 of the Marital Settlement Agreement. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). 3. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania, pursuant to its authority under 23 Pa. C.S.A. §3502. II. Statements of Fact Pursuant to Code §414(p) 4. This QDRO applies to the Carlisle Corporation Employee Incentive Savings 401(k) Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan. Any changes in the Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Joseph P. Ott ("Participant") is a participant in the Plan. Mary Ann Ott ("Alternate Payee") is the alternate payee for purposes of this QDRO. 6. The Participant's name, mailing address, social security number, and date of birth are: Name: Joseph P. Ott Home Address: RR 5 Box 2358 Altoona, PA 16601 SS No.: 202-62-7287 Date of Birth: July 6, 1967 • 7. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Mary Ann Ott Home Address: 103 Susan Lane Carlisle, PA 17013 SS No.: 195-56-8010 Date of Birth: August 24, 1964 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 8. This Order signs to Alternate Payee an amount equal to Fifty Percent (50%) of the Participant's Total Vested Account Balance accumulated under the Plan as of April 6, 2006, the date of the Divorce Decree, plus any interestlinvestment earnings or losses attributable thereon for periods subsequent to that date, until the date of total distribution. 9. The Administrator of the Plan shall pay over and deliver to Payee the lump sum payment of the amount described in the preceding sentence. The distribution may be completed as an eligible rollover distribution to an Alternate Payee spouse or former spouse. Such distribution shall be made as soon as administratively possible. The Alternate Payee's portion of the benefits described above shall be credited with any investment earnings or losses attributable thereto from the date the QDRO is ordered by the Court until the date of total distribution to the Alternate Payee. III. Recitals Pursuant to Code § 414 (p) (3) 10. The QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 11. This QDRO does not require the Plan to provide increased benefits. 12. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order that requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 13. The amount herein allocated to the Alternate Payee shall be payable to the Alternate Payee at the earliest date allowable under the terms of the Plan. The Alternate Payee's interest in said Plan shall be payable in any form permitted under the Plan. If the Alternate Payee's benefits do not permit immediate distribution, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code § 414(p)(4)(B). The Alternate Payee's account shall be segregated from the Participant's account for accounting purposes and shall share in earnings and losses of the trust subsequent to the date of this order, to the same extent as if the Alternate Payee were a vested terminated Participant. 14. If the Alternate Payee's account balance is not to be distributed immediately, the Alternate Payee shall be treated as a vested terminated Participant under the Plan, to receive all statements, reports and/or summary plan descriptions and to elect distributions at the time and in any form permitted for vested terminated Participants under the Plan, except a qualified joint and survivor annuity for the Alternate Payee and her subsequent spouse under the Plan, and except as may otherwise be provided in this Order. The Alternate Payee shall also designate beneficiaries for any benefits payable after the death of the Alternate Payee. If the Plan Allows Participants to direct investment of account balances, the direction shall be available to the Alternate Payee. The Alternate Payee shall execute any forms required by the Plan Administrator. 15. 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. 16. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code § 414 (p), 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. In the event that the Plan 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 he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 18. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 19. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 20. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 21. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO to the Alternate Payee, if any. a V. Procedure for Processing this QDRO 22. BY THE COURT: Kevin 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. 1-4 ?L Judge Cn! ?, .? .r d s ? c J l.? ; 1 MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-3995 JOSEPH P. OTT, : CIVIL ACTION - LAW Defendant : IN DIVORCE STIPULATION AND NOW, this day of 2006, the parties in the above- referenced matter hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto may be adopted as a Court Order. MARY OTT, Plaintiff J EP P. OTT, Defendant .&Q. NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 37 SOUTH HANOVER STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT MARY ANN OTT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. JOSEPH P. OTT, Defendant CIVIL ACTION - LAW 3qq ? NO. 05 -.MWCIVIL TERM IN DIVORCE/CUSTODY COMPLAIN FOR CUSTODY NOW comes the Defendant, Joseph P. Ott, by his attorney, Nathan G Wolf, Esquire, and respectfully represents as follows: 1) Plaintiff/Respondent is Mary Ann Ott, (hereinafter "Mother"), an adult individual, who resides at 103 Susan Lane, Carlisle, Cumberland County, Pennsylvania, 17013. 2.) Defendant/Petitioner is Joseph P. Ott, (hereinafter, "Father"), an adult individual, who resides at 508 Greendown Acres, Duncansville, Blair County, Pennsylvania, 16635. 3.) Father seeks an order granting shared legal custody and primary physical custody of the parties minor child, namely. Present Residence Age Casey M. Ott 103 Susan Lane 16 years Carlisle, PA 17013 DOB 7/03/1991 4) Mother and Father are the natural parents of the child. 5.) The child was born of the marriage of the parties. The child is presently in the custody of Mother. The child has lived in the primary custody of both parents until the parties' separation in 2005, or when the child was 14 years old. Since that time, Father has had frequent contact with the child, primarily by telephone but enjoys periods of partial physical custody. 6.) The parties were married May 24, 1986, but separated on July 21, 2005, and were divorced by decree dated April 6, 2006. 7.) There has been no prior order for custody entered in this case. 8.) Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 9.) Father has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 10.) Father does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 11.) The best interest and permanent welfare of the child will be served by granting the relief requested herein because the child has indicated a strong preference to reside with Father for several months due to the circumstances in Mother's household. 12.) Father maintains a stable household and has suitable employment so that he can provide an appropriate environment for the child. 13.) Father's extended family resides in the area around Father's home and the child will have a strong family support system in place if the Court grants the relief requested. 14.) The child attends cyberschool and Father has contacted the school administration to ensure the child would be able to move without a significant disruption in the child's educational progress. 15.) Father suggests that any proposed change in custody should, however, be delayed until the end of this academic year. 16.) Because of the child's age, it is respectfully submitted that her preference should be granted great weight and therefore the relief requested should, be granted. 17.) Father submits that if granted the relief request, he would continue to encourage and reinforce the relationship between the child and Mother. WHEREFORE, for the reasons set forth herein, Defendant, Joseph P. Ott, respectfully requests that the Court enter an order confirming shared legal custody and establishing a schedule for primary physical custody of the child to the Father, and a schedule for partial physical custody to the Mother along with granting any other relief the Court deems appropriate. Respectfully submitted, WOLF & W-01ZI _ April I, 2008 BY. NATHAN . WOLF, ESQUIRE Attorney or Defendant 10 West High Street Carlisle, Pennsylvania 17013-2922 (717) 241-4436 Supreme Court I.D. No. 87380 VERIFICATION I do hereby verify that I am the defendant in the foregoing action and that the facts set forth in this complaint are true and correct to the best of my information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification to authorities. March 7?-, 2008 61617 Jos h P. Ott NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT MARY ANN OTT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH P. OTT, : NO. 05 - 3559 CIVIL TERM Defendant : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on the date indicated below, I caused the foregoing Petition to Modify Custody to be served upon the Plaintiff, Mary Ann Ott, by mailing the same via First Class Mail, addressed as follows: Mary Ann Ott 103 Susan Lane Carlisle, PA 17013 WOLF & WOLF Dated: April 1 2008 S, Wolf, Esquire for Defendant ?? N 1 ``?.. p?p ? h3 ?? C'? r'"` ?,; :- ?-.? ?"? ?.? -r? ?: r? .? j? ?;?,?? t r u ?? ??" ???; r":. ''G. .. , ?;,, MARY ANN OTT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH P. OTT DEFENDANT 2005-3995 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, April 04, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, May 08, 2008 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Hubert X. Gilroy, Es q. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?rv?' 'mod 3a??i ?„,,? fI?P l/'°?' ? ? ?? ? ?` ? ? c? ? ?? APR t 82608 MARY ANN OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW JOSEPH P. OTT, NO. 20053995 Defendant IN CUSTODY COURT ORDER AND NOW, this day of April, 2008, the Conciliator being advised the parties have reached an agreement, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Custody Conciliar C`? "'? ?? - ?;? `T7 y l ? _.. " - .`. r ( ?: , -? _ i V c,,, ?. ,?"` 47