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HomeMy WebLinkAbout05-5370 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT.LAW 26 W. High Street Carlisle, PA LORRIE A. SHANER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05- S3 '70 G;;d 'Tt- v. CHRIS A. SHANER Defendant : Civil Action - Law : In Divorce NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford street Carlisle, Pennsylvania 17013 (717) 249-3166 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle. P A I' LORRIE A. SHANER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. ().; - 5310 CL..;.p -r.t-- v. CHRIS A. SHANER Defendant : Civil Action - Law : In Divorce COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Lorrie A. Shaner, an adult individual residing at 212 South Norway Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Chris A. Shaner, an adult individual residing at, 212 South Norway Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 28, 1989 in Cumberland County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on September 30, 2005. 7. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 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. I i i i I II II SAlOIS SHUFF, FWWER & LINDSAY AITORNEVS.AT.LAW 26 W. High Street Carlisle, P A II 9. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 10. 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 93301 of the Pennsylvania Divorce Code. COUNT I INDIGNITIES 11. The averments in paragraphs 1 through 10 are incorporated hereto as if fully set forth herein. 12. 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 13. The averments in paragraphs 1 through 12 are incorporated hereto as if fully set forth herein. 14 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. ,I I: , SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA II WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401 (d) of the Pennsylvania Divorce Code. COUNT \II SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 15 The averments in paragraphs 1 through 14 are incorporated hereto as if fully set forth herein. 16. 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 17. The averments in paragraphs 1 through 16 are incorporated hereto as if fully set forth herein. 18. Plaintiff is unable to sustain herself during the course of this litigation and has employed Marylou Matas, 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, Lorrie A. Shaner, prays this Honorable Court to enter judgment: a. Awarding Plaintiff a decree in divorce SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA II b. Awarding Plaintiff support, alimony and alimony pendente lite; c. Awarding Plaintiff counsel fees, costs and expenses; d. Equitably distributing the marital property; and e. Awarding such other relief as the Court deems just and reasonable. Respectfully submitted, Dated: /0/13/05 SAIDIS, SHUFF, FLOWER & LINDSAY /-\', vl/i. Irf> IV Ce., \{ U'- I V ~"~SJ Marylou tas. Esquire 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT.LAW 26 W. High Street Carlisle, P A VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. e.s. 94904, relating to unsworn falsifications to authorities. '~iIU~ Lorr Shaner Date: /{)/7joS-- ~ ~ ~ F \ ~ '\1 ~ .. <;- \",) \.; ~ -..j .) '^ <r" S' ..!) <:J C <> -\ ...j) \/" B d c w l ? ~ r; ,-, .-;:.:':l - , <_~M C') C1 o -"fl .-1 -1: ..-: :,'i1 i~"~ ~ (~' -n , ' ;-_")1"0'\ ~;::,~ . , :-<. SAlOIS SHUFF, FLOWER & LINDSAY ATI'QRNEYS-AT-LAW 26 W. High Street Carlisle, PA LORRIE A. SHANER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. :J)- - :;-3 70 v. CHRIS A. SHANER Defendant : Civil Action - Law : In Divorce AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. e.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: /{~'//C{5- ~(i, jvJrnilu Lorri A. Shaner , C"J ,..., Ci ,~ S~ ~::::~ -n <:...... CO C .' ~ (,..) -v - i ..!,:;- <-0 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS.ATeLAW 26 W. High Street Carlisle, P A LORRIE A. SHANER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-5370 CHRIS A. SHANER Defendant : Civil Action - Law : In Divorce AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on October 17, 2005 she served a true and correct copy of the Complaint in Divorce upon the Defendant, Chris A. Shaner, by mailing those documents to the his address at 212 South Norway Street, Mechanicsburg, Pennsylvania by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt. Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY Dated: j 0/ ! 1 / b 5 ,1 I / !' (~_./LL''- ~' D_--,tc"V:) Ma ov" tas, Esquire Attorney I . 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA I( SENDER: COMPLETE THIS SECTION . 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 mail piece, or on the front if space permits. 1. Article Addressed to: CHRIS A. SHANER 212 S NORWAY STREET MECHANICSBURG, PA 17055 3. Se IC lfled Mall 0 Express Mail Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yo 2. Article Number (Transfer from service Is PS Form 3811 , February 2004 7004 1350 0003 7285 8548 Domestic Return Receipt 102595-<l2-M-1540 ( ( ~ -'j --' ~,.. ' , ( ( SAIDIS, FLOWER & LINDSAY AII\JIlNEYS.AT.lAW 26 West High Street Carlisle, PA II I ..... LORRIE A. SHANER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-5370 CHRIS A. SHANER Defendant : Civil Action - Law : In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was fiied October 13, 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. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904 relatIng to unsworn falsification to authorities, Date: (//12/D~ ~~~tC Chris A Shaner DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER!i 3301 Ie) 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 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. 4// // Y /-r~~ Date. if/f2/p(., Chris A Shaner .~ ....'J c . , SEPARATION AND PROPERTY SETTLEMENT AGREEMENT .y1 /7. / __ j THIS AGREEMENT made this / - day of ~ 2005, by and between CHRTS A. SHANER, of Mechanicsburg, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Hll,~b{lntl," AND LORRIE A. SHANER, of Mechanicsburg, Cumberland County, Pennsylvania, party of the second part, hereinafter reterred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on July 28, 1989, in Cumberland County, Pennsylvania; and WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling their respective financial rights and obligations as between each other, and to tinally and for all time to settle and determine their respective property and other rights growing out of their marital relations; and wish to enter into this Separation and Property Settlement Agreement; and WHEREAS, both and each of the parties hereto have had the opportunity to be advised of their legal rights and the implications of this Agreement and the legal consequences which may and will ensue trom the execution hereot; and WHEREAS, Wite acknowledges that she has had the opportunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Husband and Husband acknowledges that he has had the oppOliunity to be thoroughly conversant with and know accurately the size, degree, and extent of the estate and income of Wife; NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth which are hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenants and agree as follows: \, Advice of Counsel: The parties acknowledge that they have received independent legal advice from counsel of their own selection or that they have elected not to seek independent legal advice and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements and the parties hereto state that he/she, in the procurement and execution of this Agreement, has not been subject to any traud, concealment, overreaching, imposition, coercion, or other unfair dealing on the part of the other, or on the part of the other's counsel. The provisions of this Agreement and their legal eftect have been fully explained to Wife by her counsel, Marylou Matas, Esquire. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Jane Alexander, Esquire. 2, WmTantv of D{sc!osure: The parties warrant and represent that they have made a full disclosure of all assets and their valuation prior to the execution of this Agreement. This disclosure was in the form of an informal exchange of information by the pal1ies but also reflects the fact that the parties had personal knowledge before their separation of their various assets and debts all of which form the basis of this Agreement between the parties, --Page 2 or 16-- 3. Personal Rights and Separation: Wife and Husband may and shall, at all times hereafter, live separate and part They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as if they were unmarried, They may reside at such place or places as they may select. Each may, tor his or her separate use or benefit, conduct, canyon and engage in any business, occupation, protession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, nor malign each other or the respective tamilies of each other nor compel or attempt to compel the other to cohabit nor dwell by any means or in any manner whatsoever with him or her. 4, Agreement not a Bar to Divorce Proceedings: This Agreement shall not be considered to affect or bar the right ofWite or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the party of the other party which may have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof The parties intend to secure a mutual consent, no-fault divorce pursuant to the terms of S330 J (c) of the Divorce Code of 1980. 5. Af[reement to be lncorvorated in Divorce Decree: The parties agree that the terms of this Agreement shall be incorporated into any divorce decree which may be entered with respect to them. Notwithstanding such incorporation, this Agreement shall not be merged into the decree, but shall survive the same and shall be binding and conclusive on the parties for all time, 6. Date o/Execution: The "date of execution" or "execution date" of this Agreement shall be detined as the date upon which it is executed by the parties if they have each executed the --Page 3 of J G-- Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 7. Personal Property: The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction, The parties agree that Wife shall receive all items of personal property listed on Exhibit A attached hereto and incorporated herein by reference. Husband shall retain all items of personal property listed on Exhibit B attached hereto and incorporated herein by reference. Neither party shall make any claim whatsoever against the personal property in the other party's possession or assets in that other party's possession from the time of execution of this Agreement forward. 8. Mw.ita! Debt: Each party hereby confirms they have not incurred any additional debt since their separation that has in any way obligated the other party. Neither party will take any action to incur additional debt of any nature whatsoever in the other party's name from the date of execution of this Agreement forward. All debts shall be the sole responsibility of the party on whose name the debt was incurred, The parties purchased a vehicle for Wife's daughter with the agreement between the parties and Wife's daughter that Wife's daughter would pay the parties one thousand dollars ($1,000.00) in satisfaction of this debt. Wife's daughter has agreed to make that payment to the parties, The parties agree that Wife shall receive any remaining funds from the debt owed to the parties by Wife's daughter and shall retain them solely without division or providing any portion of any payment received to Husband. 9, Bank Accounts: Wife owns or has an interest in a checking and savings account held in her name individually at Belco Credit Union. From the date of execution of this --Page 4 Dr 16-- Agreement fOIWard Wife shall retain all funds held in both checking and savmgs accounts. Husband will waive any right, title or interest that he may have in the funds held in that account. Husband owns or has an interest in a savings account held in his name individually at Be1co Credit Union. From the date of execution of this Agreement tOIWard, Husband shall retain all funds held in that account. Wife hereby waives all right, title, claim or interest she may have in the funds in this account. At the time of separation, the parties were the joint owners of a checking account at Soverign Bank, That account has since been closed. Husband retained the funds held in that account. Wife hereby waives all right, title, claim or interest she may have had in the funds in this account. At the time of separation, the parties were the joint owners of a savings account at Belco Credit Union, That account has since been closed, Husband retained the total funds held in that account, in the amount of approximately SIX THOUSAND AND 00/100 ($6,000.00) DOLLARS. Wite hereby waives all right, title, claim or interest she may have had in the funds in this account. In the event the parties discover any other jointly owned accounts, the parties agree to divide those funds equally and sign any documents necessary to close the joint accounts within tit1een ( 15) days of the execution of this Agreement. 10. After-Acquired Personal Provertv: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereatler acquired by him or her, with filII power, in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried, --Page 5 of j (,-- 11. Motor Vehicles: With respect to the motor vehicles owned by one or both parties, the parties agree as follows: a,) Wife shall retain sole and exclusive possession of the parties' 1998 Ford Contour which is title in Wife's name individually, Husband hereby conveys any and all right, title and interest he has or may have in the aforesaid vehicle. b,) Husband shall retain sole and exclusive possession of the parties' 2003 Chevrolet Silverado which is titled in Husband's name individually and which has a loan encumbering said vehicle. Husband shall maintain sole responsibility for the repayment of the aforesaid loan and shall make all payments in a timely fashion, Husband shall indemnity Wife and hold her hannless from any and all collection activity on account of said loan, Wife hereby conveys any and all right, title and interest she has or may have in the aforesaid vehicle. c) Husband shall retain sole and exclusive possession of the parties' 200 I Harley Davidson motorcycle and the party's two (2) utility trailers which are believed to be titled in Husband's name individually. Wife hereby conveys any and all right, title or interest she has or may have in the aforesaid vehicles, 12, Real Estate: The parties are joint owners of real estate located at 212 South Norway Street, Mechanicsburg, Cumberland County, Pennsylvania, which property is currently held in joint names as tenants by the entireties. This property is encumbered by a mortgage due and owing to Belco Credit Union requiring a monthly payment of approximately $791.00. From the date of the execution of this Agreement forward, Husband shall maintain sole and exclusive possession of the aforesaid real estate. Husband shall maintain sole responsibility for the repayment of the aforesaid mortgage and shall be responsible for any and all payments associated --Page G of I G-- with the aforesaid real estate including, but not limited to, taxes, insurance, utilities and the like. Husband shall refinance the aforesaid mortgage to his name individually by applying for a retinance within fifteen (15) days of the execution of this Agreement. In the event Husband's application for refinancing is denied, Husband shall be obligated to file a new application for refinancing on the six (6) month anniversary of the execution of this Agreement and every six (6) months thereafter until said retinancing is approved, Wife shall cooperate with Husband's efIorts to refinance this mortgage and shall sign any documents necessary that may be requested by the creditor for proper processing of Husband's application and refinancing. Wife shall execute a deed transferring her interest in this property to Husband's name individually. Said deed shall be held in escrow by Wife's counsel to be recorded at the same time as Husband's refinanced mortgage, Husband shall indemnifY Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature on account of the aforesaid mortgage from the date of signing and delivery of the aforesaid deed forward. For consideration of Wife's interest in the aforesaid property, Husband shall make payment to Wite in the amount of FIFTY THOUSAND AND 00/100 ($50,000,00). Said payment shall be received by Wife at the time of Husband's refinancing of the atoresaid mortgage or within sixty (60) days ofthe execution of this Agreement. This payment will accrue interest at the rate of ten percent per annum until it is received by Wife, if not paid within sixty days of execution of this Agreement. The receipt of benetits provided for herein by Wife take into consideration Wite's transter of her legal and equitable interest in the aforesaid real estate, }3, Pension Retireme/ll Interests: Husband owns or has an interest in a 401(k) account with Quaker/Pepsico from his prior employment with that company, Husband shall transfer TWENTY-FIVE THOUSAND AND 001100 ($25,000,00) from that account to an _CPago 7 of 16-- account In Wife's name individually, Counsel for Wife shall prepare a Qualified Domestic Relations Order (QDRO) to effectuate that transfer. Within fifteen (I5) days of execution of this Agreement, Husband shall provide any documents necessary to Wife's counsel for the preparation of said QDRO and shall cooperate with the signing of any necessary documents to implement that QDRO. In the event Husband discovers from his employer that a QDRO is not necessary to transfer these funds, Husband shall provide proof of same to Wife and shall cooperate with signing any necessary documents to transfer these funds, In no event shall Wife receive less than $25,000, If Husband does not sign a QDRO for whatever reason, Husband still is obligated to transfer these funds to an account in Wife's name, said account to be designated by Wife. In that event, Husband shall be responsible for the tax consequences for withdrawing these funds from his 401(k) account. Wife's receipt offunds shall be in the amount of $25,000 and Wife shall not bear any responsibility for tax consequences in the event the funds are transferred by means other than a QDRO. Husband owns or has an interest in other 40 I (k) or retirement account through his employment with ABF. Wife hereby waives any and all right, title or interest she may have in Husband's retirement, pension, profit sharing, 401(k) plan or the like from his ABF employment. Wife shall not make any claim to such account from the date of execution of this Agreement forward. Husband hereby waives any and all right, title or interest he may have in Wife's retirement, pension, profit sharing, 401(k) plan or the like from her present or prior employment. Husband shall not make any claim to such account from the date of execution of this Agreement forward, 14, Taxes: The parties agree to file their 2005 tax return as married persons tiling jointly. Wife shall receive any and all tax refund that may be received by the parties for their 2005 --Page 8 of 16-- tax return. Wife shall retain all funds received trom that return Husband hereby waives any and all right, title or interest he may have in those funds. 15. Health Insurance: Husband maintains health insurance coverage for Wite through his employment with ABF. Husband shall continue to maintain such insurance coverage for medical care and dental care through the time any divorce proceeding is pending, Upon entry of a final Decree in Divorce, Husband shall terminate Wife's health insurance coverage. Wite shall sign any and all documents that may be necessary to cooperate with the termination of her health insurance benefits after the time the Decree is entered. In the event Wite incurs medical bills from the date of execution of this Agreement to the entry of a final Decree in Divorce, Wife shall be responsible tor all unreimbursed medical bills incurred in her name individually. 16. Warranty as to Post Sep{uation and Future Obligations: Husband and Wite each covenant, warrant, represent and agree that each will now and at all times hereafter hold harmless and keep the other party indemnified from all debts, charges and liabilities incurred by the Husband or Wife, respectively. 17. Spousal Support. Alimonv. Alimonv Pendente Lite. and Spousal Maintenance: a.) Husband hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Wife, b.) Wite hereby waives any right or claim of any nature whatsoever relative to alimony, alimony pendente lite, spousal support, spousal maintenance, counsel fees and expenses against Husband. 18, Mutual Releases: Husband and Wife each do hereby mutually remise, release, --Page 9 of 16-- quitclaim, and forever discharge the other and the estate of such other, tor all times to come and tor all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever 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 acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or 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 (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have tor past, present, or future support or maintenance, alimony, alimony pendente lite, counsel tees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof It is the intention of Husband and Wite to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or 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 thereof 19. Divorce: Wife shall commence an action tor divorce against Husband pursuant to 3301(c) of the Divorce Code of Pennsylvania by filing a Complaint in Divorce in the Court of --Page 10 of 16-- Common Pleas of Cumberland County, Both parties shall sign Affidavits of Consent and Waivers of Notice ofIntention to Request the Entry ofa Decree in Divorce, The parties agree that these documents will not be signed before Febmary 28, 2006, It is understood and agreed that the Decree in Divorce issuing from this matter shall incorporate this Agreement further: a,) This Agreement represents a complete and tinal agreement as to their respective property rights which arose from the marital relation and therefore mutually waive any and all rights they may have under ~3502, et of the Pennsylvania Code, Act No 1980-26. b.) This Agreement may be offered in evidence in the action for divorce and may be incorporated by reference in the decree to be granted therein. Notwithstanding such incorporation, this Agreement shall not be merged in the decree, but shall survive the same and shall be binding and conclusive to the rights of all parties. 20. Legal Fees: In the review and preparation of this Agreement each party shall bear his or her own legal tees. 21. Remedv for Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to sue for damages tor such breach, in which event the breaching party shall be responsible for payment of legal tees and costs incurred by the other in enforcing their rights hereunder, whether through formal court action or negotiations, or to seek such other remedies or relief as may be available to him or her. 22, Equitable Distribution: It is specitically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wite or either of them during the marriage as contemplated by The Act of April 2, 1980 (P,L No, 63, No. 26) known as "The Divorce Code," --Page 11 of 1(,-- 23 P.S, 101 et seq, of the Commonwealth of Pennsylvania, and as amended. 23, Summwll of Effect otAr!reement: It is specifically understood and agreed by and between the parties hereto, and each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of the said parties' rights against the other tor any past, present and future clams on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. 24, Tax Consequences: By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property, The parties have determined that such equitable division conforms to a right and just standard with regard to the rights of each pal1y. The division of existing marital property is not, except as may be otherwise expressly provided herein, intended by the parties to institute or constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting a party of the marital estate. 25. Mutual Cooveration Duty to Effectuate Agreemeut: Each party shall at any time and trom time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement 26, Reconciliation: The pal1ies shall only effectuate a legal reconciliation which supersedes this Agreement by their signed agreement containing a specitic statement that they have reconciled and that this Agreement shall be null and void; otherwise, this Agreement shall remain in full force and effect Further, the parties may attempt a reconciliation, which action, if --Page 12 of 16-- not consummated by the aforesaid agreement, shall not affect in any way the legal atlect of this agreement or cause any new marital rights or obligations to accrue, 27. 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 continue in full force, effect, and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 28. No Waiver of Default: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the tem1S of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29, Integration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. More specifically, this Agreement supercedes and rescinds the Post-Nuptial Agreement signed by the parties on September 29, 2005. There are no representations or warranties other than those expressly set forth herein. This Agreement shall survive integration by any court into any judgment for divorce and shall continue to have independent legal significance as a written contract separate from such judgment for divorce and may be enforced as an independent contract 30. Effect ot Divorce Decree: The parties agree that unless otherwise specifically --Page 13 of 16-- provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 31. Notices: Any and all notices given hereunder shall be in writing and shall be sent registered mail, return receipt requested: a.) To Wife in care of Marylou Matas, Esquire, Saidis, Shuff, Flower & Lindsay, 26 West High Street, Carlisle, Pennsylvania 17013 b) To Husband in care of Jane M. Alexander, Esquire, 148 South Baltimore Street, P,O. Box 421, Dillsburg, Pennsylvania 17019. 32. Waiver or Modification to be in Writinl?: No modification or waiver of any of the ternlS hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 33. CatJtions: The captions of this Agreement are inserted only as a matter of convenience and for reference and in no way define, limit or describe the scope and intent of this Agreement, nor in any way effect this Agreement. 34, Agreement SindinS! on Heirs: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executor, administrators, successors and assigns, 35, Goveminl? Law: This Agreements shall be construed in accordance with the laws of the Commonwealth of Pennsylvania, IN WITNESS WHEREOF, the parties have set forth their hands and seals to two counterparts of this Agreement, each of which shall constitute an original, the day and year tlrst --Page 14 of 16-- Wicker Furniture Brass Bed Dresser Night Stand Green Rocker & Ottoman Small Table & 2 Chairs Green Ivy Leaf Cabinet & Shelf Green Shelf in Bedroom Grandfather Clock Pie Safe Small TV VCR/DVD Shelves in Dining Room Microwave Coffee Pot Toaster Big Crock pot Pots & Pans Oak Coat Rack Mixer Longenberger Basket Collection PfaltzgraffDish Collection Computer Computer Desk, File Cabinet, Bookcase & Chair Blue Crock Lamps Wallpaper and Pain Supplies Basket Collection One-half of Framed Art and Decorations One-half of Christmas Decorations EXHIBIT A '. Washer/dryer Refrigerator Bed, night stand, dresser Entertainment center 27" color television Luxman stereo Dining room table with four chairs Living room couch Living room recliner Rugs in living room, bedroom, bathroom Kitchen decorations Bathroom decorations Coffee table/end tables Curio cabinet Television dinner tables Miscellaneous outside decorations 'Iz Christmas decorations Family dog Gas grill Snow blower Shed Treadmill Lawn tractor/walk behind mower EXHIBIT B , above written, WITNESSES: 2-1 rD) Date /J,-/o-og Date --Page 15 of J 6-- # C S A SHANER . . COMMONWEALTH OF PENNSYLVANIA "1f~ COUNTY OF On this J ~f day of ~'-u__, , 2005, before me, the undersigned onicer, personally appeared CHRIS A. SHANER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seaL ~:t! t(edJ Notarial Seal Leslie K. Neidig, Notary Public Wi=Hrington Twp. York County My COi'"",r-';::.sior1 Expires Feb. 4, 2007 It.::.: ,'",;.,i, F~,7~':"i: .~. ."j ;:-.J,::-..AL..,;:; :::.: >;',:..L",<..':.> COMMONWEALTH OF PENNSYL VANIA COUNTY OF '-;1J~ ,~ 0 Onthis /J day of ~ , 2005, before me, the undersigned officer, personally appeared LORRIE A. SHANER, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained, IN WITNESS WHEREOF, I hereunto set my hand and official seaL --Page 16 of 16-- ..--,,"! \") ,..,-- ':) " :.-j ,,' -'1 :..:...<;:. c~', SAIDIS, FLOWER & LINDSAY ATlORNEYS.ANAW 26 West High Street Carlisle, PA LORRIE A SHANER Plaintiff : IN THE COURT m: COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-5370 CHRIS A SHANER Defendant : Civil Action - Law : In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under ~ 3301 (c) of the Divorce Code was filed October 13. 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 ComlJlainL 3, I consent to the entry of a final Decree In Divorce after service of notice of rntention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, 4904 relating to unsworn falsification to authorities. Date: '-I- -/0 -()b PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDERli 3301 leI OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice 2. I understand that I may lose rights concerning alimony. division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3 I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, 4904 relating to unsworn falsification to authontles, Date' 4- -I () ~(p APR 1 J 2(0) --- ~:::1 -.", f'0 co) r.' . SAIDIS, FlOWER & LINDSAY ATIORNE\'S.AT.L\W 26 West High Street Carli.~Je, PA LORRIE A. SHANER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v, : No. 05-5370 CHRIS A. SHANER Defendant : Civil Action - Law : 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 Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on October 17, 2005, via Certified Restricted Delivery Mail. Proof of service was filed with the Court on October 21 , 2005. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 4/10/06 and filed contemporaneously with Prothonotary herewith. By Defendant: 4/12/06 and filed with Prothonotary 4/19/06. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated December 1,2005 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: 4/10/06 and filed contemporaneously with Prothonotary herewith. By Defendant: 4/12/06 and filed with Prothonotary 4/19/06. ,r -' :.'1' Ii,. /':, I~ ,.' . \ ,'. :,~{/ I ~ ;:'C (? MarylOu, ~atas, Es~ire SAlOIS, St'lUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: . SAIDIS, FLOWER & LlNDSAY ATIORNE'I"S-Ar.lAW 26 West High Str~~t Carlisle.PA --I CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of SAlOIS, FLOWER & LINDSAY, hereby certify that on this date a copy of the attached document was served on the following individual. via certified mail, return receipt requested. postage prepaid, addressed as follows: Jane M. Alexander, Esquire 148 South Baltimore Street, P.O. Box 421 Dillsburg, PA 17019-0421 SAlOIS, FLOWER & LINDSAY ~~~~bul*Ls,'~~~i~ j Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 r -', ._."~ -' --.\ .-'t: ,',.\ ,-) c.) c,-.. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . PENNA. STATE OF LORRIE A. SHANER . No. 05-5370 . . . VERSUS CHRIS A. SHANER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DECREE IN DIVORCE AND NOW, M.l[--l! CHRIS A. SHANER , 21lOb, IT IS ORDERED AND DECREED THAT , PLAINTIFF, LORRIE A. SHANER 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; The terms of the Separation and Property Settlement Agreement dated December 1, 2005 are incorporated, but not merged, into this Decree in Divorce. I J. ROTHONOTARY . . . ~. . . . . . . . . . . . . . . . . . . . . . . . . . ~p fl ~ ~ <l1-LJ;> ~ r ~ ~ t.rn;:"'J ~(J- LIS' 'f . ".' ...~~,-...-. ..- ,,: ~. . SAIDIS, FLOWER &. LINDSAY A.Il......,,,.,..,IAW 26 West High Street Carlisle,PA LORRIE A. SHANER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-5370 CHRIS A. SHANER : Civil Action - Law Defendant : In Divorce PRAECIPE To the Prothonotary: Kindly amend the Decree in Divorce issued May 11, 2006 to reflect the correct names for the Plaintiff and Defendant, and correct date of the Separation and Property Settlement Agreement. Attached for certification is a true and corrected amended Decree in Divorce. Respectfully Submitted: Dated: 5/23/6 Ie, CUu Mary 0 SAlOIS, OWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 (') ~ , "'" = = 0"0 :r: ~ ~ -< ::t" nl~ -O(!.." -~~ ;~:1i'n ~ :;0 -< -< N (j) :Do =x: w w '\ . JUl 2 6 200~ LORRIE A. SHANER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-5370 CHRIS A. SHANER : Civil Action - Law Defendant : In Divorce QUALIFIED DOMESTIC RELATIONS OI~.DER WHEREAS, the Court has by separate Order dated May 26, 2006, granted Plaintiff and Defendant a Decree of Divorce which provides for a division of the marital estate and provides specifically for the assignment to the Plaintiff of a portion of Defendant's benefit in the Plan (as defined herein); and WHEREAS, the parties hereby submit to the Plan Administrator an Order that satisfies the requirements of a Qualified Domestic Relations Order. NOW, THEREFORE, in consideration of the foregoing premises hereunder specified, Plaintiff and Defendant do agree, and the Court does order as follows: (1) The parties and the Court intend this Order to constitute a "qualified domestic relations order" as defined in Section 414 (p) on the Internal Revenue Code of 1986, as amended (the "Code"), and Section 206 (d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). (2) This Order applies to the following qualified plan (hereinafter the "Plan"): Pepsico 401 (k) Plan for Hourly Employees. Unless otherwise defined in this Order, capitalized words shall have the meaning assigned under the Plan. . . C...l C;J {",j __I L'_ C) .' , (3) Plaintiff is hereby deemed an "Alternate Payee" within the meaning of Section 414 (p)(8) of the Code and Section 206 (d)(3)(k) of ERISA. Defendant is a "Participant" in the Plan. (4) The name, mailing address, social security number and date of birth of Defendant, hereinafter referred to as "Participant," are: Chris A Shaner, 212 South Norway Street, Mechanicsburg, PA 17055, SS #202-54- 1537, DOB: 10/28/1960. The name, mailing address, social security number and date of birth of Plaintiff, hereinafter referred to as "Alternate Payee", are: Lorrie Ann Shaner, 77 Elijah Avenue, New Bloomfield, PA 17068, SS # 196-48-1746, DOB: 12/17/1961. (5) From the Participant's account balance in the Plan, the Plan shall distribute to the Alternate Payee an amount equal to $25,000.00 as soon as practicable following the determination that this Order is a Qualified Domestic Relations Order and in accordance with the terms of the Plan. (6) The death of the Participant either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefits shall neither effect the Alternate Payee's right to payment of the assigned SAIDIS, FLOWER & LINDSAY AI."""""".......IAW benefit nor entitle the Alternate Payee to additional benefits. 26 West High Street Carlisle,PA (7) If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits are payable under this Order. 2 . .' , (8) In the event of Alternate Payee's death prior to commencement of payment hereunder, no benefit shall be payable under the terms of this Order and this assignment shall be canceled nunc pro tunc. (9) Upon the last payment of any distribution to Alternate Payee pursuant to this Order, the Alternate Payee shall have no further right, claim or interest in or upon the Plan or the Participant's account in the Plan, (10) Notwithstanding anything in this Order to the contrary, in no event shall the Plan be required to (a) provide any type or form of benefit, or any option, not otherwise provided under the Plan, nor (b) provide increased benefits (determined on the basis of actuarial value by the Plan's actuary); nor (c) pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order. (11) Because it is intended that this Order will qualify as a Qualified Domestic Relations Order, the provisions hereof shall be administered and interpreted in conformity with ERISA and the Code. The Court shall retain limited jurisdiction to amend this Order only for the purpose of meeting any requirements to create, conform, and maintain this Order SAIDIS, FIflNo~& as a Qualified Domestic Relations Order under ERISA and the Code, JUIVN'lIlI<'t'lU.1AI'I' 26 W,,, High SuO<< and either party may apply to the Court for such amendment. Carlisle, PA (12) The Plan, its sponsor, contributing employer, fiduciaries and administrators shall not be responsible for any costs and expenses, including attorney's fees, incurred by the Participant or Alternate Payee 3 . II , .' . SAIDIS. ROWER & UNDSAY A:IU_IlWU.L\W 26 West High Street Carlisle,PA in connection with obtaining or enforcing a determination that this Order is a Qualified Domestic Relations Order. AND NOW, this day ~_ Of~\.... \ hereby ORDERED AND DECREED. SO STIPULATED l / ,.-/ c " ~. Date: (p .-20 ~o(P I~\c ~\ ' 0\J o , 2006 the foregoing is So Ordered By the Court, ~ ~.1/~ 1/tJjJ ~ Date: ~ Jiloko Attest 4 ) ,- LORRIE A. SHANER : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-5370 CHRIS A. SHANER : Civil Action - Law Defendant : In Divorce AFFIDAVIT OF SERVICE I, MARYLOU MATAS, Esquire, being duly sworn according to law, hereby deposes and says that on August 9, 2006 she served a true and correct copy of the Qualified Domestic Relations Order upon Geri A. Pendergast, Plan Administrator of PEPSICO, by mailing those documents to her address at 700 Anderson Hill road, Purchase, NY 10577 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, August 9, 2006. Respectfully submitted, SAIDIS, FLOWER & LINDSAY ates, E Attome .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff Fi't~.& Dated: 8fJf5/(j~ UNDSAY ..... .................lAW 26 West High Street Carlisle,PA '. ). I - 1.__10: ~i h Perdujt0f/ ~," , fHS\ Lo lDo AndJ40n J+tt( f-J, , r~ \ n~ 105'77 2. _ Number ~.......... N...... 3111, ~_ 3.S Moll C ecp..o Moll . 'Jll.RIlum RocoIpt "" -- [J __ C C.O.D. 4. _lloII\wy'I i&InI FeoJ [J Yes 700~ 1350 0003 72&5 9316 ---. .M1_1 , .-. , f g .-> ~ "'" ~ m .". ~-n ~rn C ~\:;j Z':r' '" fir; - ;pi:( .7 -1 22' -".)c 1 '-C CJ <t-r-\ ..." ;;-") -:n ~8 :x r~ -,,'- C.) :;>c <2 _--l ~ 'J;- Co,J :Jt cO