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HomeMy WebLinkAbout05-5531 Barbara Swnp1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774.1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. O~ - SS'3/ ciu.L t- 8<-"'\, KELLI S. WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY A VENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sump Ie. Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 0(; - S'S'31 C.lu\..C-T8L~ KELLI S. WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE I. Plaintiff is Scott T. Wyland, an adult individual residing at 57 South Terrace, Wormleysburg, Cumberland County, Pennsylvania 17043. 2. Defendant is Kelli S. Wyland, an adult individual residing at 57 South Terrace, Wormleysburg, Cumberland County, Pennsylvania 17043. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on June 12, 1999, in Dauphin County, Pennsylvania. 5. There are (2) minor children born of this marriage: Olivia Marie Wyland, born October 5, 2000; and Luke Andrew Wyland, born December 11, 2002. 6. The parties separated on August 14, 2005. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service ofthe United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code. 2 WHEREFORE, Plaintiff, SCOTT T. WYLAND, prays this Honorable Court to enter judgment awarding Plaintiff a decree in divorce. Dated: October!1-, 2005 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 3 > Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, P A 17070 (717) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OS-- C,'uL(&L"Y\ KELLI S. WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: /0 - )~().t - ~~~ - Barbara Sump Ie. Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 SCOTT 1. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. OS;- C;u,L '-r82-",,\ KELLI S WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, SCOTT T. WYLAND, hereby certifY that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. Dated: /0 -:> ,2005 SCJtT. W~ N r.J ~ #. 'k , ...{) D ....... }j . , , i"--) --.( ~ / (/) -n C). <.1) D- C) .--{ (;) , ()- l, ~ .~~ it! " . '.~ c:; , - 1:: -- ; ..._-., " ~H_ --t-- - Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05.5531 KELLI S WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Susan M. Kadel, Esquire, hereby accepts service and acknowledges receipt of the above- captioned Complaint in Divorce on behalf of my client, Kelli S. Wyland, having received said Complaint on the :;{ '6 ~ay of ~ ,2005. I hereby indicate I am authorized by my client to accept service on her behalf ~m11t~ 136 Sipe Avenue Hummelstown, P A 17036 Telephone No. (717) 533-3280 Supreme Court LD. No. Attorney for Defendant ~ '5' ~ o ....:; \ f.,,) ~ -' ~ .-\ ~~ -og) ~".(: T;-0::K\ (}'C) ;::n'\ ~~ ?~ ~ <-;.? N rv . MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this5)~ day of {tdJ 6ft L, 2005, by and between Scott T. Wyland, hereinafter referred to as "HUSBAND," and KeIIi S. Wyland, hereinafter referred to as "WIFE." WITNESSETH, That: WHEREAS, the parties hereto are HUSBAND and WIFE, having been lawfully joined in marriage on June 12, 1999, in Dauphin County, Pennsylvania; WHEREAS, two (2) children were born of this marriage being Olivia Marie Wyland, (Date of birth, October 5, 2000) and Luke Andrew Wyland (Date of birth, December 11, 2002); WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of matters related to the custody and support of their minor children; and (4) all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate ofthe other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable Final 10/05/2005 I . 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: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. HUSBAND has been independently represented by Barbara Sumple-Sullivan, Esquire. WIFE has been independently represented by Susan M. Kadel, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness Final lO/05/2005 2 of the causes, which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully complied with the other's requests for disclosure of income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. HUSBAND shall file a Complaint in Divorce within fifteen (15) days of the date of this Final 10/05/2005 3 Agreement and shall seek dissolution of the marriage on a no-fault basis. WIFE, either individually or through her counsel, shall accept service of the complaint. The parties agree that the Affidavits of Consent and the Waivers of Notice necessary to conclude the divorce shall be signed promptly and the Praecipe to conclude the divorce filed on or after January 2, 2006. 5. SUBSEOUENT DIVORCE A decree in divorce, entered by the Court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the Final 10/0512005 4 proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other FinallOiOSi200S 5 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all ofthe representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENTIW AIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Final 10/05/2005 6 Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary information leading to the tax assessment or whose intentional or Final 10/05/2005 7 grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment In that situation, the party responsible for the assessment ofliability shall indemnifY and save harmless the other from all additional tax, penalty, and interest. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share, in proportion to their present income which is stipulated as 70% by Scott and 30% by Kelli, of all future tax liability or tax assessment, penalties and interest. The parties agree that they shall file their tax returns for 2005 jointly. Each party agrees to cooperate to provide all documents necessary to complete the filing to the parties' accountant, Boles, Metzger, Brosius & Ritter, P.e. The cost of preparation shall be shared equally between the parties. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation to j~welry, Final 10105/2005 8 clothes, furniture, and other assets. The parties agree that all assets as set forth on Exhibit "A" and incorporated herein shall be the sole and separate property of WIFE. The parties agree that all other items of personal and household property shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE 1) MARITAL HOME: 57 SOUTH TERRACE STREET. WORMLEYSBURG, PA The parties jointly own property at 57 South Terrace Street, Worrnleysburg. The parties agree that the home has an approximate value of Three Hundred Fifty-nine Thousand Dollars ($359,000.00). Said house is encumbered by a mortgage held by Washington Mutual with an approximate outstanding balance of One Hundred Ninety-three Thousand Six Hundred Fifty-eight Dollars ($193,658.00) Said home is also subject to a home equity loan due and owing to PNC Bank in the approximate amount of Thirteen Thousand Dollars ($13,000.00). HUSBAND desires to maintain sole ownership of the house and reside therein. WIFE agrees to convey her interest in this real estate to HUSBAND upon the condition that HUSBAND refinances the existing mortgage debt and home equity loan. HUSBAND shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as Final J 0/OS/200S 9 any taxes, insurance and/or any debts associated with the real estate. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by WIFE's counsel and released incident to the event of HUSBAND's refinancing of the mortgage and home equity loan obligations. HUSBAND shall have one hundred twenty (120) days to effectuate the refinance. WIFE agrees to vacate the home no later than October 14, 2005. HUSBAND shall thereafter have exclusive possession ofthe home. 2) LAKE HOME: 439 DELAWARE PATH. CENTRAL CITY. PA The parties also own a second home at 439 Delaware Path, Central City, Pennsylvania. Said home is also encumbered with a mortgage debt due and owing to Sovereign Bank in the amount of Two Hundred Ninety Thousand Dollars ($290,000.00). The home is currently under contract for sale in the amount of Five Hundred Twenty Thousand Dollars ($520,000.00) and the estimated net proceeds are Two Hundred Four Thousand Dollars ($204,000.00). The settlement is scheduled for October 7, 2005. The parties agree as follows for the distribution of these assets: a) The sum of Twenty-eight Thousand Dollars ($28,000.00) shall be placed in escrow in an interest bearing account by counsel for HUSBAND. At the time of preparation of the 2005 tax returns, said sums shall be forwarded to the accountant of the parties to be used toward the capital gain tax liability realized upon sale of the property Final 10/05/2005 10 b) The sum of Sixty Thousand Dollars ($60,000.00) shall be repaid to Scott's mother to repay sums she and Scott's father, now deceased, provided to the parties to allow for acquisition, furnishings and other expenses related to the lake home. This sum shall be paid directly to Scott's mother as a sellers' expense at the closing of the property on October 7,2005. All remaining proceeds, which sum is expected to be One Hundred Sixteen Thousand Dollars ($116,000.00), shall be paid directly to WIFE. Any sum realized in excess of the One Hundred Sixteen Thousand Dollars ($116,000.00) from settlement shall be shared equally between the parties. In the event unlikely event that the pending sale is not consummated, the parties agree that they shall continue to market the property for sale and, upon sale, to make the payments set forth in (a) and (b) above If the property is sold for a higher price and additional monies are realized, the parties shall share and equally divide any such sum which exceeds One Hundred Sixteen Thousand Dollars ($116,000.00). If the sum of One Hundred Sixteen Thousand Dollars ($116,000.00) is not realized for payment to WIFE, HUSBAND shall pay to WIFE one-half(l/2) of deficit realized between the actual amount realized and the sum One Hundred Sixteen Thousand Dollars ($116,000.00). Final 1 0/05/2005 11 C. MOTOR VEIDCLES The parties own a 1997 Mercedes and a 2003 Toyota Highlander, although both vehicles are titled in HUSBAND's name. Due to an accident, the value of the Mercedes is far below the expected value. HUSBAND drives the Mercedes and said vehicle shall become the sole and separate property of HUSBAND. WIFE waives any claims to said vehicle. There is no encumbrance on said vehicle. The 2003 Toyota Highlander shall become the sole and separate property of WIFE and HUSBAND waives any claims to the vehicle. This car is encumbered with a debt due and owing to PSECU in the approximate amount of Eleven Thousand Five Hundred Twenty-nine Dollars ($11,529.00). Both parties are obligated on this car loan. WIFE shall be solely responsible to make all payments due on the car loan and to do so in a timely fashion. WIFE shall indemnify and hold HUSBAND harmless from said debt. WIFE shall satisfy in full this indebtedness with the proceeds of the lake house sale within five (5) days of her receipt thereof Upon satisfaction of the loan, HUSBAND shall execute all documents to transfer all his rights, title and interest in said vehicle to WIFE. WIFE shall secure her own insurance policy for the vehicle effective the date of transfer of title. D. BUSINESS INTEREST The parties acknowledge that HUSBAND is a partner in the law firm of Hawke, McKeon, Sniscak & Kennard, LLP. WIFE hereby waives any right, title and/or interest that she may have in the aforementioned business entity. From the date of execution of this Agreement, HUSBAND Final! 0/05/2005 12 shall retain all right, title and/or interest in and to the aforementioned business entity as his sole and exclusive property. Further, HUSBAND agrees to indemnifY WIFE and hold her harmless on any debts, liabilities or obligations whatsoever associated with said business interests. WIFE hereby acknowledges that she waived her right to have a business valuation performed to value HUSBAND's interest in the aforementioned business entity. E. FINANCIAL ASSETS The parties agree that they have mutually divided their financial accounts to their satisfaction and each shall maintain any checking, savings, or other financial account as titled in their individual names. Each party shall sign off any joint account, including WIFE's obligation to sign a waiver to allow HUSBAND to retain his sole PSECU account. F. PENSIONS AND EMPLOYMENT BENEFITS Through his employment, HUSBAND has vested interest in a certain retirement plan, which benefit is currently being held by Charles Schwab & Co., Inc. The current balance is approximately Two Hundred Twenty-eight Thousand Dollars ($228,000.00). HUSBAND had a pre-marital interest in the plan of approximately Fifty-four Thousand Five Hundred Dollars ($54,500.00). Therefore, the stipulated marital value of HUSBAND's plan is One Hundred Seventy-three Thousand Five Hundred Dollars ($173,500.00). Further, WIFE has acquired a retirement benefit from Clark Transfer. The current value of said account is approximately Twenty Thousand Dollars ($20,000.00). A pre-marital portion of that account also exists and is Final 1010512005 I3 valued at Ten Thousand ($10,000.00). Therefore, the marital portion of WIFE's plan is Ten Thousand Dollars ($10,000.00). The parties agree that the marital portions of both parties' retirement benefits shall be divided between them pursuant to a Qualified Domestic Relations Order (QDRO) with WIFE receiving fifty-five percent (55%) of the said total marital portion of One Hundred Eighty-three Thousand Five Hundred Dollars ($183,500.00) or One Hundred Thousand Nine Hundred Twenty-five Dollars ($100,925.00). The parties agree that Five Thousand Dollars ($5,000.00) shall be deducted from this sum as credit for WIFE retaining her own account. Thus, Ninety-five Thousand Nine Hundred Twenty-five Dollars ($95,925.00) of HUSBAND's account shall be transferred to WIFE via a Qualified Domestic Relations Order. The cost of preparation of the QDRO to transfer to WIFE shall be shared equally between the parties. The QDRO shall transfer from HUSBAND's retirement account held at Charles Schwab & Co., Inc. WIFE shall receive interest and losses of said Ninety-five Thousand Nine Hundred Twenty-five Dollars ($95,925.00) from October I, 2005 to the actual date of transfer. The parties affirm no other benefits exist. G. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. Final 10/05/2005 14 H. CASH PAYMENT TO WIFE In order to effectuate full division of the marital assets, WIFE is entitled to an additional cash payment of Eleven Thousand Eight Hundred Dollars ($11,800.00). Said sum shall be credited and paid as follows: (1) HUSBAND shall pay on the parties' joint Visa, on WIFE's behalf and as credit from this total cash due, the sum of Five Thousand Five Hundred Dollars ($5,500.00), which represents her prior cash advance and one-half (1/2) of the balance of the card. (2) HUSBAND shall pay directly to WIFE on or before December 31, 2006, the sum of Six Thousand Three Hundred Dollars ($6,300.00). I. COUNTRY CLUB MEMBERSHIP HUSBAND shall retain the sole membership at the Country Club of Harrisburg, which membership he had established prior to marriage. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future Final 10/05/2005 15 obligations of every kind incurred by them, including those for necessities. At the time of separation, in addition to the mortgage, home equity line and car loan previously set forth above, certain other marital debt existed. A debt due and owing to Home Depot for kitchen improvements in the amount of Five Thousand Dollars ($5,000.00). HUSBAND shall be responsible for payment of this debt and shall indemnifY and hold WIFE harmless from the same. A debt is due and owing to Circuit City for a digital camera in the amount of approximately One Thousand One Hundred Dollars ($1,100.00). WIFE shall be responsible for payment of this debt and shall indemnifY and hold HUSBAND harmless from the same. The parties have a joint Visa Card with PSECU. The balance due is presently Seven Thousand Dollars ($7,000.00). Since separation, WIFE had taken a cash advance for purposes of securing monies for a down payment on her new residence The previous balance on the card was approximately Three Thousand Dollars ($3,000.00). The separation balance shall be shared equally between the parties. In total, WIFE shall owe HUSBAND the sum of Five Thousand Five Hundred Dollars ($5,500.00) in satisfaction of this indebtedness. HUSBAND shall apply the monies owed by him to WIFE pursuant to paragraph 1.G. of this Agreement to satisfY this debt. HUSBAND shall indemnifY and hold WIFE harmless for said remaining debt. Each party warrants that they have not made any further advances from said card. WIFE's use of the PSECU Visa will be discontinued and terminated. FinallO/OS/200S 16 To the best ofthe parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards and other obligations are terminated. SECTION ill SUPPORT, ALIMONY PENDENTE LITE, ALIMONY The parties agree that effective October 14,2005 and continuing for twenty (20) months thereafter, HUSBAND shall pay to WIFE the sum of One Thousand Two Hundred Dollars ($1,200.00) as contractual alimony pendente lite and/or alimony. This sum is not modifiable in amount for any reason. This payment shall be includable by WIFE as income for tax purposes and is deductible by HUSBAND. The parties agree that this payment shall absolutely terminate on June 15, 2007 and WIFE does further, voluntarily and intelligently, hereby waive and relinquish any other or further right to seek any other payment for spousal support, alimony, alimony pendente lite and maintenance. Except as set forth herein, the term of this obligation shall not be extended beyond June 15,2007. However, the term may and will terminate earlier in the event of WIFE's cohabitation, remarriage or death prior to June 15,2007. SECTION IV PROVISIONS RELATED TO THE PARTIES' MINOR CHILDREN: 1. CUSTODY: The parties agree that they shall execute a Stipulation for Custody in the form attached hereto as Exhibit "B". Said Stipulation shall be entered as an Order of Court. Final 10/05/2005 17 . I' . 2. SUPPORT: a) HUSBAND shall pay to WIFE the sum of Two Thousand Three Hundred Twenty Dollars ($2,320.00) as monthly child support for the two (2) minor children. Said payment shall be made to WIFE on the fourteenth (14th) day of each month. This sum shall be paid directly to WIFE. WIFE shall maintain medical and dental insurance for the children. HUSBAND shall be responsible to pay seventy percent (70%) of all nonreimbursed medical or dental expenses each year after WIFE has paid the initial Two Hundred Fifty Dollars ($250.00) per child each year. Each party reserves the right to have this matter reviewed by Domestic Relations upon changed circumstances. b) HUSBAND shall be entitled to take the parties' son, Luke, as an exemption, for tax purposes. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. j- \... /.<: sCOTT T. ~AND -- ITNESS ~,~. {Jl~j?J1~ w SS ~~-4A Jilfb~ KELLI . WYLAN Final 10/0512005 18 COUNTY OF CUMBERLAND ) ) SS. ) COMMONWEALTH OF PENNSYLVANIA Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Scott T. Wyland, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief ) , fcribed to before me this ,% day of ~jp')mJs (SEAL NOTARIAl. SEAl. BARBARA SUMPU-$UUNAN NoloIy PublIc NEWCUMBERlAND BOROUGH CUM8ERIANO COUNtY Commllllon Nov 15. 2007 OT My commission expires: COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Kelli S. Wyland, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief Affirmed and subscribed to before me this ! -\l t~ day of O'-~~ r; 2005. ~otR~Q\~<:J~ NOTARY PUBLIC My commission expires: (SEAL) ommon~e~lth pl.P.:::.rn~y!yg!Jli: NOf'\'.":;;/\!. '-::,:-:,,'-:,," '-~ PATRIe);:', ,::c, ': . . ., - ,~ ,J ;-',>, My CC:;it;i,,-', ~. Final 10/05/2005 19 . ,\ , KELLI FAMILY RM: COMPUTER ARMOIRE & CONTENTS OAK HUTCH GREEN CHAIR AND OTTOMAN KITCHEN/DINING RM: PEGGY KARR PLATES SOME SERVING DISHES KITCHEN AID MIXER BIG CUISINART MISCELL SERVING DISHES COUPLE KNIVES FROM BLOCK SOME WINElMARTINIIMARGARITA GLASSES MIXING BOWLS/BAKING UTENSILS DINING RM SILVERWARE SOME COOKBOOKS PC STONES ! / MUD RM: PHOTOS ON WALL HUTCH STUDY: LEATHER CHAIR & OTTOMAN BOOKCASE LIVING RM: ROUND TABLE TAN CHAIR SPIDER BACK CHAIR LUKE'S RM: TWIN BED TRAIN TABLE BOOKCASE OLIVIA'S RM: BOOKCASE TABLE AND CHAIRS DOLLHOUSE GUEST RM: BED LAKE: QUEEN BED(NOT HEADIFOOT BOARD) NIGHTSTANDS LAMPS TV, STEREO & SPEAKERS TOASTER OVEN/COFFEE MAKER COOKING UTENSILSIPOTS/PANS PORCH SWING EXHIBIT "A" . ,I . ~ " , MISCELL ITEMS: MOM'S CHINA DIGITAL CAMERA IPOD JEWELRY BOOKS COOKBOOKS PHOTOS PLANTS DVDSNHS TAPES WAGON TOYS SOME SHEETSfTOWELS SOME TOOLS SOME TERRACOTTA POTS 2 PATIO CHAIRS AND GARDEN CART , , . " . ~ " , EXHIBIT "B" . " . . " . Barbara Sumple.Sullivan, Esquire Supreme Court #323 17 549 Bridge Street New Cumberland, PAl 7070 (717) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY KELLI S. WYLAND, Defendant : NO. ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this _ day of , 2005, upon consideration of the attached Stipulation for Custody and on motion of the parties, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation for Custody are adopted as an Order of Court. BY THE COURT, J. r \' . . .' Barbara Sumple.Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - CUSTODY KELL! S. WYLAND, Defendant NO. STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this_ day of , 2005, by and between Scott T. Wyland, (hereinafter referred to as "Father") an adult individual residing at 57 South Terrace, Wormleysburg, Cumberland County, Pennsylvania, and Kelli S. Wyland, (hereinafter referred to as "Mother") an adult individual residing at 57 South Terrace, Worrnleysburg, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, Mother and Father are the natural parents of two (2) minor children, Olivia Marie Wyland, born October 5, 2000 and Luke Andrew Wyland, born December 11, 2002. WHEREAS, the parties are separating and will be living in two (2) separate residences; WHEREAS, the parties have reached an agreement concerning their parenting plan for their children; 1 . 'I.' , l I' . WHEREAS, the parties desire the agreement to be incorporated as an order of court. NOW THEREFORE, the parties intending to be legally bound, do agree as follows: A. Lel!al Custody: It is in the best interest of the minor children for the continuation of shared legal custody of the minor children. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly, after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e-mail at all reasonable times. B. Physical Custody: The parties shall enjoy shared equal physical custody ofthe minor children on the following schedule: 1. Week 1: Father shall have custody of the minor children from 5:00 p.m. on Friday ovemight through 5 :00 p.m. on Monday. Mother shall have the children from 5:00 p.m. on Monday overnight through Wednesday at 5:00 p.m. Father shall have the children from 5:00 p.m. on Wednesday through Friday at 5:00 p.m. Week 2: Mother shall then have custody of the minor children from 5:00 p.m. Friday overnight through 5:00 p.m. on Monday. Father shall then have custody of the minor children from 5:00 p.m. on Monday through Wednesday at 5:00 p.m. Mother shall then have the children from 5:00 p.m. on Wednesday through Friday at 5:00 p.m. The rotation established by Weeks 1 and 2 shall then continue throughout the year. 2 I \ I . . -'l' . ~ C. Holidavs and Vacations: Holidays will be mutually shared by the parties according to the following schedule: The holiday schedule shall prevail over and supercede the regular custody schedule. 1. The parties shall alternate the holidays of Memorial Day, July 4th and Labor Day with Father having Labor Day in 2005, Mother having Memorial Day in 2006 and continuing thereafter. Holidays shall be defined as 9:00 a.rn. on the day of the holiday to 8:00 p.m. on the day of the holiday. 2. The parties shall share the major holidays in accordance with the following plan: a. Thanksgiving. In even numbered years, Mother shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Father shall have the children from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.m. This will reverse in odd numbered years and Father shall have custody of the children from Wednesday prior to Thanksgiving at 5:00 p.m. until 2:00 p.m. on Thanksgiving Day. Mother shall have the children from 2:00 p.m. on Thanksgiving Day until Friday at 5:00 p.rn. b. Christmas and Christmas Eve: In odd numbered years, Mother shall have custody of the minor children from 9:00 a.m. December 24th until 11 :00 a.m. December 25th and Father shall have custody of the minor children from 11:00 a.m. December 25th until 5:00 p.m. December 26th. In even numbered years, Father shall have custody of the minor children from 9:00 a.m. December 24th until 11: 00 a.m. December 25th and Mother shall have custody of the minor children from 11 :00 a.m. December 25th until 5 :00 p.m. December 26th. c. Easter: In odd numbered years, Mother shall have custody of the minor children from 5:00 p.m. the day before Easter through 3:00 p.m. Easter Day and Father shall have custody of the minor children from 3:00 p.m. Easter Day until his next regularly scheduled full period of custody ends. In even numbered years, Father shall have the minor child from 5:00 p.m. the day before Easter Day through 3 :00 p.m. Easter Day and Mother shall have custody of the minor children from 3:00 p.m. Easter Day until her next regularly scheduled full period of custody ends. d. Mother's Day and Father's Day: Mother shall always have Mother's Day and Father shall always have Father's Day. These 3 . I.) . ,\ <t. , holidays shall be from 9:00 a.m. until 8:00 p.m. the day of that holiday. 3. Vacation: Mother and Father shall each have the right to have two (2) nonconsecutive weeks of vacation. Notice of this period of custody must be given to the other parent at least thirty (30) days before the requested period. D. Transportation: The transportation shall be shared equally by the parties, with the parent commencing his or her period of custody picking up the child from the other's residence or daycare. At all times, the child shall be secured in appropriate passenger restraints. No person transporting the child shall consume alcoholic beverages prior to transporting the child or be under the influence of any alcoholic beverages while transporting the child. Transportation may be provided by a representative of each parent and shall not be limited to the parent themselves. E. Olllwinl! Relationship: Neither party shall attempt to undermine the mutual love and affection that the child may have for the other parent and neither parent shall, in the presence of the child make any disparaging or negative remarks concerning the other parent. Each party shall confer with the other on all matters of importance relating to the child's health, maintenance, and education with a view toward obtaining and following a harmonious policy in the child's education and social adjustment. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the child and visitation period. Each party agrees to supply the name, address and telephone numbers of any person in whose care the child will be in for a period in excess of forty-eight (48) hours, and for each person or entity which may provide daycare for the child. 4 t I' . '" 4" , F. llIness of the Children: Emergency decisions regarding the child shall be made by the parent then having custody. However, in the event of an emergency or serious illness of the child at any time, any party then having custody of the child shall communicate with the other party by telephone or any other means practicable, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as possible. The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. During such illness, each party shall have the right to visit the child as often as he or she desires, consistent with the medical care of the chil d. G. Welfare ofthe Children to be Considered: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. H. Bindinl! Effect and Modification of Order: This Agreement and all of its terms and conditions shall extend to and be binding upon the parties hereto and their respective heirs, personal representatives and assigns. The parties are free to modify the terms of this Agreement but in order to do so both parties must be in complete agreement to any new terms. That means both parties must consent on what the new terms of the custody arrangement or visitation schedule shall be. 5 t I' .. . . , .. I. Governinl!: Law: This Agreement shall be governed and controlled by the laws of Pennsylvania. J. Enforcement: The parties agree that this Agreement may be adopted as an Order of Court without the necessity of a Court hearing. K Entire Al!:reement: This Agreement contains the entire understanding between the parties concerning the subject matter hereof, and no representations, inducements, promises or agreements, oral or otherwise, not embodied herein shall be of any force or effect. This Agreement supercedes any and all prior agreements, written or oral, between the parties hereto relating to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: WITNESS SCOTT T. WYLAND ~W1~ d. /1117 fYVL-1-rnL- WIT SS iff/ J!/j i!1Ita4. KE LIS. WY 6 II l' .. . 01. .. , COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared SCOTT T. WYLAND, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of his knowledge, information and belief Affirmed and subscribed to before me this day of ,2005. NOTARY PUBLIC My commission expires: (SEAL) COUNTY OF ) ) SS. ) COMMONWEALTH OF PENNSYLVANIA Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared KELLI S. WYLAND, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Stipulation for Custody are true and correct to the best of her knowledge, information and belief Affirmed and subscribed to before me this day of ,2005. NOTARY PUBLIC My commission expires: (SEAL) 7 C) f"-'" 0 , , c- , ~." . -,.-, r L-) I _.J c ~-n c.) -4 ------- Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-553 I KELLI S. WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) ofthe Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on October 28, 2005. 3. Date of execution of the Affidavit of Consent required by ~ 3301(c) ofthe Divorce Code: by Plaintiff: January 31, 2006; by Defendant: January 28, 2006. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated October 5, 2005 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: February 3, 2006. Date Defendant's Waiver of Notice in 01(c) Divorce was filed with Prothonotary: February 3, 2006. Barbara Sumple-SuIIivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff Dated: February ~006 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VAN/A v. NO. 05-5531 KELLI S. WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-SuIIivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiff's Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Susan M. Kadel, Esquire James Smith Dietterick & Connelly, LLP 136 Sipe Avenue Hummelstown, P A 17036 ar ara p e-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court r.D No. 32317 Attorney for Plaintiff DATED: February 2-2006 (") .-> ('J C::l (".:;:1 -n " ~1 \-i'; CJ \ -' C'':) .( CO ..------ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-5531 KELLI S WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on October 25, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities. DATE: Dn... 3{ 2-60& ~Q set . LAND - C) c- --1 {"-j tJ) c:! -n .., -,'"' i":l __J ::-~'-~ CD Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (7] 7) 774-]445 SCOTT T WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-5531 KELLI S WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER f/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 in do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 1}4904 relating to unsworn falsification to authorities. DATE&- 31. }OO(, ,.,".. r-=> .-. \~j ~f1 ,~.'-' "'" ,"'\ cJ \ __I --;:-'-=" rr;. -' 0-0 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T. WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 05-5531 KELLI S WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VlT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 25, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.SA. Section 4904 relating to unsworn falsification to authorities. DATE: I/,),BloiP ~~0j( y(~~{~'( KE LI S. WYLA D () ~~~ ~-:::::) c~. -., P-i C::J I _I C:-1 c<> Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 SCOTT T WYLAND, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-5531 KELLI S. WYLAND, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER f/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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. s4904 relating to unsworn falsification to authorities. DATE: !l)F;J to!';' __I'!f!.J?.2-1 . -Ji(iC_~l KELLI S. WYLAN 1---; ~..:. "-> ,---:) , :.:~l \.::r' ...,., Pl CD ! -_I o ~n =:1 :'<:ib '--~' I : ~:.'! :;--> -;;..c, c~:) 1"11 CJ ?~~~~~~~~~ ~~~~~~~~~~~~~~~ ~~~~~~~~~~~ ~+~+~+~+~~++~~~++++.+~+~+~+~+.~+~++~~~~+~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STATE OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +. ~ +. +. ~ ~ Of +. + ~ Of ~ Of Of +. + Of Of 'f Of + +. + + Of ~ + + + ~ + + + + + +~ IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY <,~ srorr T. WYLAND, PENNA. Plaintiff 05 - 5531 No. VERSUS !<ELLI S. WYLAND, Defendant DECREE IN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DIVORCE (d 2006 AND NOW, IT IS ORDERED AND --, srorr T. WYLAND , PLAINTIFF, DE'CREED THAT KELLI S. WYLAND , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECO WHICH A FINAL ORDER HAS NOT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +~ ~ ~ + YET BEEN ENTERED; All matters have been resolv pursuant to the Marital Settlement Agreement reached by the parties dated October 5, 2005 and incorporated, but not merged, // into the Decree. / ATTEST: PROTHO~~OTARY ... +++ ~~+ +~ ~ +~+Of+'I'++++++++++'I'++ J. /''7'/T }il" :7 /17.?7'../~:,a./, "?/? 51' c' .....,E>7~-~ fip ?-'/1tr~'J-' ~./ /9 'J(l' ,/. C - ' .~!.\ .'."-"~~' , ~ 1~F---;:C,.,..~ n: TED ~iA,\ v. BY; : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : DOCKET NO. 0700S. 5' 5'3\ D ~ {UUO r/ SCOTT T. WYLAND, Plaintiff KELLI S. WYLAND, Defendant : CIVIL ACTION - LAW : IN DIVORCE Stipulation for the Entry of Oualified Domestic Relations Order The parties, Scott T. Wyland, Plaintiff, and Kelli S. Wyland, Defendant, do hereby stipulate as follows: 1. Scott T. Wyland, date of birth March 12, 1963 (Social Security Number 175-60- 1986), hereinafter referred to as "Participant" is a participant in the Hawke, McKeon, Sniscak & Kennard, LLP Retirement Plan described below (hereinafter referred to as the "Plan"). 2. The current and last known mailing address of Participant is 57 South Terrace, Wormleysburg, Pennsylvania, 17043. 3. KeIJi S. Wyland, Defendant, date of birth June 14, 1974 (Social Security Number 184-68-5950), hereinafter referred to as "Alternate Payee," is the spouse of the Participant and has raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. Section 3101, et seQ. 4, The current and last known mailing address of Alternate Payee is 212 Loring Court, New Cumberland, Pennsylvania 17070. 5. This order applies to the following plan: Hawke, McKeon, Sniscak & Kennard, LLP Retirement Plan, PO Box 1778, Hanisburg, PA 17105. 6. A portion of the Participant's account in the Plan is marital property subject to distribution by this Court. -" 7. Alternate Payee shaH receive the lump sum of Ninety-Five Thousand Nine Hundred Twenty Five ($95,925.00) DoHars from the Participant's account. The form of benefit shaH be a lump sum payment. This sum shaH be aHocated to Wife as of October 1,2005, and shaH include all interest and earnings on that amount from October I, 2005 until the date of distribution. 8. The distribution to Alternate Payee from the Plan shall be made as soon as administratively practicable foHowing the Participant's attainment of the age oftifty (50) and the Plan's determination that this order is a Qualified Domestic Relations Order. 9. Participant's death shall have no effect on payment of Alternate Payee's benefit under the Plan, The Alternate Payee is at all times to be deemed the surviving spouse for purposes of the Pre-retirement Survivor Annuity until this Order effectively assigns the funds to Alternate Payee as identified in paragraph 7 above. 10. In the event the Alternate Payee dies before the Alternate Payee's benefit is paid, the benefit shall be paid in accordance with applicable Plan provisions regarding payments to beneficiaries, including payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of Alternate Payee before the Plan determines that this order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan. 11. The parties shall promptly notify the Plan of any change in their addresses from those set forth in this Order. 12. Participant and Alternate Payee shall each be responsible for his or her own federal, state, and local income and other taxes attributable to any and all payments from the Plan which are received by Participant and Alternate Payee respectively, The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxability of distributions from the Plan. 13. Nothing contained in this Order shall be construed to require any plan or plan administrator: (a) to provide to the Alternate Payee any type of form of benefit or any option not otherwise available to the Participant under the Plan, or (b) to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order determined by the Plan Administrator to be a Qualified Domestic Relations Order before this Order is determined by the Plan Administrator to be a Qualified Domestic Relations Order. 14. It is the intent ofthe parties and the court that the provisions of this Order operate as an effective assignment of the Participant's interest in the Plan under both federal and state laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance with Section 414 (p) of the Internal Revenue Code and Section 206 (d) (3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 15, The parties intend and agree that the terms ofthis Stipulation shall be approved, adopted and entered as an Order of Court. 16. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Qualified Domestic Relations Order; provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provided that no such amendment or right of the Court to so amend will invalidate this Order. 17. A certified copy of this Order shall be served upon the Plan. Said Order shall take effect immediately upon approval of the Order by the Plan and shall remain in effect until further Order of Court. Dated: L1~ r j/~ CONSENTED TO: ~AND - ..// /~ i~2i7f~vYL~~ .' tlL,-t4 : \ ~ __n I=:: LL C) .., <"',j .-:,:.: L:) , L~':": '-:;) , , ;~.J ~...;;;> ,~ i,"U .~J () . , . CONTINUING JURISDICTION OF THE COURT The Court retains jurisdiction over the Domestic Relations Order to amend, as necessary, to establish or maintain its qualification as Qualified Domestic Relations Order under ERISA. So ORDERED by this Court, this day of ,2006. BY THE COURT: Srolk-Je //' PARTICIPANT / / L Barbara Sumple-Sullivan, Esquire AL TERNA TE PAYEE ATTORNEY FOR ALTERNATE PAYEE df;~ "'Susan M. Kadel, Esquire ,~~~~y",~~( Kelli . Wyland .