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HomeMy WebLinkAbout05-5830MICHAEL LEE McELFRESH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL DIVISION LAW LAURA MAY McELFRESH, : DIVORCE COMPLAINT Defendant : NO. ,?? - 550 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 or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 MICHAEL LEE McELFRESH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, :PENNSYLVANIA V. : CIVIL DIVISION LAW LAURA MAY McELFRESH, : DIVORCE COMPLAINT Defendant : NO. off'- SF36 Ctu? COMPLAINT IN DIVORCE AND NOW, this 7th day of November, 2005, comes the Plaintiff, Michael Lee McElfresh, by and through his attorney, John J. Mangan, Esquire, and files the following Complaint in Divorce, and in support thereof avers as follows: Plaintiff is Michael Lee McElfresh who resides at 185 Pine School Road, Gardners, Cumberland County Pennsylvanial7324. 2. Defendant is Laura May McElfresh, who resides at 185 Pine School Road, Gardners, Cumberland County Pennsylvania17324. Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint in Divorce. 4. The plaintiff and the defendant were married on March 7, 1992 in Clark County, Nevada. There have been no prior actions of divorce or for annulment between the parties. 6. Neither party is a member of any branch of the military. 7. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301 (d) of the Divorce Code of 1980, as amended. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to Participate in counseling and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Y Date: ///7?(?s' Attorney I.D. #87000 35 East High Street, Suite 204 Carlisle, PA 17013 717-241-2446 Respectfully s bmitted, Jo . angan A e for Plain if ff VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. ,z Michael L. McElfresh Plaintiff Date: )0-J-05? Olt? n c? o I ." -.1.3 D _1 G Iap Lee V 451a^e vs. La"-C4 C5-< P, in the Court of Common Pleas of Cumberland County, Pennsylvania No. y Civil, t$ -2 c/ZiS"- C O ?' :(:? IZZ2Z2 Y To Prothonouiry 19 Attorney for P mtiff 1J -recm,19 ? No. VS. r-.. pgAECIPE 19 Filets Atty. MICHAEL LEE McELFRESH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-5830 CIVIL LAURA MAY McELFRESH DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 24th day of May, 2007, given the concurrence of the Husband/Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff/Husband shall immediately reinstate and/or provide medical insurance for the Defendant/Wife. IT IS FURTHER ORDERED AND DIRECTED that Plaintiff/Husband shall maintain medical insurance coverage on Defendant/Wife until the Divorce becomes final. By the Court, N* M. L. Ebert--?' ?-4 , Jr., J. hn Mangan, Esquire Attorney for Plaintiff t/ara W. Haggerty, Esquire Attorney for Defendant y bas iNJ_ quo 'A 6d '7;?,' LG,Z 74 1 MICHAEL LEE McELFRESH. Plaintiff V. LAURA MAY McELFRESH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5830 CIVIL : IN DIVORCE WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff MICHAEL LEE McELFRESH in the above matter. Respectfully submitted, Date: Johri an n, Esquire 17 W o h Street Carlisle, PA 17013 (717) 241-2446 (717) 241-2456 ENTRY OF APPEARANCE Please enter my appearance on behalf of Plaintiff MICHAEL LEE McELFRESH in the above matter. Respectfully submitted, k14' Mark A. Mateya, uire Attorney ID No. 78931 P.O. Box 127 Date: I Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the WITHDRAWAL OF APPEARANCE/ENTRY OF APPEARANCE on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Kara W Haggerty Esquire Abom & Kutulakis 36 South Hanover Street Carlisle, PA 17013 Mark A. Mateya, Esq P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax DATED: [1 (-J 6D r? ?' ? ;-,` °' -? :. . .. ? , '. ?? ,_ + ; - , , { `? t?? :., MICHAEL LEE McELFRESH Plaintiff V. LAURA MAY McELFRESH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5830 CIVIL ACTION - LAW DIVORCE and CUSTODY ACCEPTANCE OF SERVICE AND NOW, this 26TH day of January, 2006, I, Kara W. Haggerty, Esq., hereby certify that I did receive and accept service of the Complaint in Divorce in the above captioned matter on behalf of the Defendant, Laura May McElfresh, and I further certify that I am authorized to do so. Respectfully submitted, ABOM& KUTULA"S, L,L.P DATE Z DU/ Kara W. Haggerty, Esc} 36 South Hanover S et Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant ID #86914 -- enz) enz) r r+?v:a 6 OM & K TuLAKIs Kara W. Haggerty, Esquire Attorney I.D. #: 56914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 MICHAEL LEE McELFRESH Plaintiff V1. LAURA MAY McELFRESH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-5830 CIVIL DIVISION LAW DIVORCE and CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on November 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unworn falsification to authorities. Date: 7 LA RA MAY McE SH ?= ,-? ...u? _- 1 t .?^ ?,1 ? ,. ?? ?.r TA?om & Nu ULAKIS Kara W. Haggerty, Esquire Attorney I.D. 4: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 MICHAEL LEE McELFRESH Plaintiff vi. LAURA MAY McELFRESH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5830 CIVIL DIVISION LAW DIVORCE and CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. C Date: J/? RA MAY Mc RESH r-,, ._ ??.? ?? ? ? .?? _: ?,?? _.? _ fi' I 'r-- ?"a7 ?.. {-? c? Aom CSC" uLAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 MICHAEL LEE McELFRESH Plaintiff V. LAURA MAY McELFRESH IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5830 : CIVIL DIVISION LAW Defendant : DIVORCE and CUSTODY AFFIDAVIT OF CONSENT 1. A Complaint in divorce under §3301(c) of the Divorce Code was filed on November 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Date: 12 - ? -0 w bCQ2 " MICHAEL LEE MCELFRES t"? +T. .4.; Vii:, e?e7"'!? C,_ ?.? Kc`?'.. `7 --' r ?.?. # ?.^_^ ?? `- -„ ?+ At? OM & TLILAKIS Kara W. Haggerty, Esquire Attorney I.D. #: 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 MICHAEL LEE McELFRESH Plaintiff V. LAURA MAY McELFRESH Defendant IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2005-5830 CIVIL DIVISION LAW DIVORCE and CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. X4904 relating to unsworn falsification to authorities. Date: la - l - O g MICHAEL LEE McELFRESH _,? ? j ?..... ?,.. .: ,?. ,. ? , t -- ??.? .. ?3 ,;:s. MICHAEL LEE McELFRESH IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2005-5830 LAURA MAY McELFRESH CIVIL DIVISION LAW Defendant DIVORCE and CUSTODY MARITAL SETTLEMENT AG EEMENT THIS AGREEMENT, made this - Ii day of 1kCLr)qbLA) 2008, between MICHAEL LEE McELFR.ESH, (hereinafter referred to as "Husband', and LAURA MAY McELFRESH, (hereinafter referred to as "Wife'. WITNESSETH: WHEREAS, Husband and Wife were lawfully married on March 7, 1992, in Clark County, Nevada; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband has been represented by Mark Mateya, Esquire, of Mateya Law Firm, and that Wife has been represented by Kara Haggerty, Esquire, of Abom & Kutulakis, L.L.P. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 1 NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter 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 act, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 18. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 3 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION PROFIT-SHARING RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto acknowledge that Husband has a retirement and/or pension plan with the Central Pennsylvania Teamsters Pension Fund. Husband's retirement plan shall be divided and distributed as follows: a. Division of Benefits: The marital portion of the retirement benefits shall be divided between the parties on a 50/50 basis. The marital portion shall be determined by multiplying the benefits payable (including contributions and monthly benefits and cost of living increases) by the marital coverture fraction, the numerator of which is the length of the marriage from the date of marriage to date of separation and the denominator of which is the total years of credit service to date of retirement. The marital portion of taxable and nontaxable share of the contribution account shall be divided between the parties equally. Wife shall be entitled to designate a beneficiary of her share of the pension in the event she shall predecease Husband. The non-marital portion of the retirement benefits shall be Husband's sole and separate property. b. QDRO: The distribution to be made to Wife shall be made to her on a deferred basis as permitted by the Fund and shall be made pursuant to a Qualified Domestic Relations Order ("QDRO'?. Said QDRO shall be prepared by Harry Leister with the costs of the preparation of said order to be shared equally by the parties. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in 53502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement,. insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the martial property, including the contribution of each spouse as a 4 homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting martial property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1996 Ford Explorer. Wife shall have full and sole position of the 2003 Pontiac Aztec. Each party has agreed to refinance the vehicles, if necessary, and to be solely responsible for their respective vehicle and to transfer title to the other at the time of the refinance. b. DISTRIBUTION OF PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other from such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of each party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, and titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such 5 property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. c. SALE OF REAL ESTATE. i. MARITAL HOME LOCATED IN CUMBERLAND COUNTY 1. The parties acknowledge that they were the joint owners of the marital residence situate at 185 Pine School Road, Gardners, Cumberland County, Pennsylvania. Said home was sold, and the proceeds in the amount of $14,973.26 are presently held in escrow with Wife's attorney. Husband and Wife agree that as part of the property settlement, the parties shall equally divide the monies held in escrow from the sale of the marital home. 8. DEBTS. Both Husband and Wife hereto covenant and agree that he or she has not in the past and will not at any time in the future incur or contract any debt, charge or liability for which the other of them, their legal representatives, or their property or estate may become liable; and each of them further covenants at all times to keep the other free, harmless and indemnified of and from all debts, charges and liabilities hereafter or heretofore contracted by them, except as hereinafter provided. Each of the parties will pay all current bills and outstanding bills incurred on or before the date of separation of the parties to the same extent that he or she has been paying them in the past and neither party shall incur any unusual bill which will bind the other party. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY, ALIMONY PENDENTE LITE, AND EXPENSES Husband and Wife accept the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now or hereafter have against the other for alimony, alimony pendente lite, or expenses, or for any other provisions for support and maintenance before, during and -after the commencement of any proceedings for the divorce or annulment between the parties. G 11. DIVORCE. A Complaint in divorce has been filed to No. 2005-5830 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them that have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 13. RECONCILIATION. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 14ANCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this 7 Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 16. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and whosesoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 19. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 20. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 21. ADDITIONAL INSTRUMENTS Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 8 22. SEVERABILITY. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 23. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 24. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: MICHAEL LEE MAd(IL F RE 4RA E 9 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF eUtnBER-kAA)b On this day oQ 2008, before me, the undersigned officer, &t?? personally appeared MICHAEL LEE McELFRESH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Q. ??? NOTARY PUBLIC "FiNNSYLVANIA Nn?ary Public ?_t. ?Ktr, v r "irtw!and Cocnty iG 2!.A.) COMMONWEALTH OF PENNSYLVANIA SS. COUNTY On this L day of ? 2008, before me, the undersigned officer , personally appeared LAURA MAY McELFRESH, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. NOTARY PUBLIC NWEALTH OF PENNSYLVANIA NoMft sea Shmm re ulftaw court, MYOO m EXPh* Apol 72009 IMsniba, ?dsnon w r+o?. 10 t 71 a DEC Q 6 2000` !d ----------------- .:.?' MICHAEL LEE McELFRESH, Plaintiff V. LAURA MAY McELFRESH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5830 CIVIL 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: l . Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service signed by Kara W. Haggerty, Esq. on 1/26/06. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff December 18, 2008 ; by Defendant_ December 17, 2008 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: Concurrently herewith. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: Concurrently herewith. Each party has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. k1k. " - A Mark A. Mateya, squire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff ?,? : : - ;- ---s ?-? - = -,-, ? : ??._. r ;'•? ?, 1 -. .: -°? :?,? - ?:? t:r , =,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Michael T.Pe McElfre h V. Laura May McElfresh NO. 2005-51330 DIVORCE DECREE AND NOW, ?ow?ery IGOR it is ordered and decreed that Michael Lee McElfre nh , plaintiff, and Laura May McElfre: h , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree. By the Court, Attest: J. Prothonotary 7e JUN 2 5 2009 Michael L. McElfresh Plaintiff vs. Laura M. McElfresh Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - IN DIVORCE NO. 2005-5830 QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order ("QDRO") as defined in Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"). SECTION 1. REQUIRED BACKGROUND INFORMATION A. Identification of the Plan This Order applies to benefits under the Western Conference of Teamsters Pension Plan (the "Plan"). B. Identification of Participant 1. Participant's Name: Michael L. McElfresh 2. Mailing Address: 55 Brian Drive, Carlisle, PA 17015 3. Date of Birth: March 2, 1954 4. Participant shall keep the Plan advised at all times of his current mailing address. C. Identification of Alternate Payee 1. Alternate Payee's Name: Laura M. McElfresh 2. Mailing Address: 5 Larken Lane, Mt. Holly Springs, PA 17065 3. Date of Birth: February 20, 1963 4. Alternate Payee shall keep the Plan advised at all times of her current mailing address. D. Identification of Alternate Payee's Beneficiary 1. Name of Alternate Payee's Beneficiary Betty Jean Carter 2. Mailing Address: 5 Larken Lane, Mt. Holly Springs, PA 17065 3. Date of Birth: May 2, 1930 4. Alternate Payee may change the identity of her beneficiary at any time by following the Plan's beneficiary designation procedures. If Alternate Payee's designated beneficiary is not living when any payment is to be made on Alternate Payee's behalf, then payment shall be made in equal shares to Alternate payee's survivor(s) in the first surviving class among the following: (1) spouse; (2) children, (3) parents, (4) siblings and (5) estate. QDRO Page 2 E. Statement of Confidential Information Participant's, Alternate Payee's and Alternate Payee's Beneficiary's Social Security number must be entered on a separate form supplied by the Plan entitled "Statement of Confidential Information." The form must be completed and returned to the Plan with a copy of this Order, or as soon as possible thereafter. The Plan requires this information for tax purposes. The form is not a public record and must not be filed as part of these proceedings. F. Dates Required for Calculating Community/Marital Property Interest 1. Date of Marriage: March 7, 1992 2. Date of Separation: November 4, 2005 SECTION 2. ENFORCEABILITY OF THIS ORDER This Order shall be enforceable against the Plan ONLY if and when the conditions in Section 2.A. and 2.B. are both met. A. Timing 1. This Order is submitted to the Plan Administrator before the date payment of Participant's plan benefits begin; or 2. If Plan benefits to Participant have begun, in connection with these proceedings: a. The Plan has been withholding (or has been required to withhold) all or a portion of any payments made to Participant, and b. This Order is submitted to the Plan Administrator within 18 months of the date the Plan began (or was required to begin) the withholding described in Section 2A.2.a. B. Determination of Order as a QDRO The Plan makes a final determination that this Order is a QDRO; or 2. A court of competent jurisdiction makes a final determination that this Order is a QDRO after the Plan makes a final determination that this Order is not a QDRO (or fails to make a determination within a reasonable period of time whether this Order is or is not a QDRO). SECTION 3. DESIGNATION OF ALTERNATE PAYEE'S SEPARATE PERCENTAGE INTEREST IN PARTICIPANT'S BENEFITS A. The Court finds that Participant has earned Plan benefits that are marital property of the Participant and Alternate Payee. B. The Court awards Alternate Payee a separate interest in Participant's plan benefits equal to 50% of the marital property portion of the Participant's normal retirement benefit accrued to the effective date of Alternate Payee's plan benefits ("Alternate Payee's Separate QDRO Page 3 Percentage Interest"). The effective date of Alternate Payee's plan benefits is hereinafter referred to as "Alternate Payee's Benefit Commencement Date" (see also Sections 4.C. and 9.E. for more information regarding Alternate Payee's Benefit Commencement Date). C. Alternate Payee's Separate Percentage Interest in Participant's plan benefits shall be determined using the following formula: Participant's Total Hours of Benefit Service Under the Plan Earned From the Date of Marriage to the 50% X Date of Separation Participant's Total Hours of Benefit Service Earned up to Alternate Payee's Benefit Commencement Date D. The Plan shall determine Participant's "Hours of Benefit Service" to be included in the numerator and the denominator of the above fraction in accordance with the Plan's terms and procedures. E. Except as provided in Section 6, if Alternate Payee dies before Alternate Payee's Benefit Commencement Date, Participant shall be entitled to Participant's entire interest in the Plan and neither Alternate Payee nor Alternate Payee's Beneficiary shall have any interest in any of Participant's plan benefits. SECTION 4. PAYMENT OF ALTERNATE PAYEE'S BENEFITS: This Section applies ONLY if Participant has reached his or her Earliest Retirement Date under the Plan and is not then receiving Disability Retirement Benefits (see Section 8 and 9.E.2) and ONLY if Alternate payee does not die before Alternate Payee's Benefit Commencement Date. A. Determination of Alternate Payee's Benefit In accordance with the Plan's QDRO procedures, the Plan shall convert Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit, accrued to Alternate Payee's Benefit Commencement Date, to an actuarially equivalent benefit based on Alternate Payee's life. B. Form of Benefit The Plan shall make payments to Alternate Payee in the normal form of benefit under the Plan (that is, the Life Only Pension) or in any other form of benefit permitted by the Plan and elected by Alternate Payee (for example, a Benefit Adjustment Option or an Optional Lump Sum Death Benefit), other than: A disability retirement pension, or 2. A joint and survivor pension. QDRO Page 4 C. Commencement of Alternate Payee's Benefits The Plan shall make payments to Alternate Payee in satisfaction of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit in accordance with the following provisions: 1. Alternate Payee must file with the Plan an application for benefits on a form prescribed by the Plan. 2. Payment to Alternate Payee shall begin on the date elected by Alternate Payee, provided that date: a. Is the first day of a calendar month; b. Is not more than three months before Alternate Payee's application for benefits is received by the Plan; and C. Notwithstanding Section 4.C.2.b above, is no later than the earlier of Participant's Benefit Commencement Date or Participant's date of death. D. Subsidies for Early Retirement Payments to Alternate Payee shall not take into account the value of any subsidy for early retirement except as follows: Timing a. The Plan shall take into account the value of any subsidy for early retirement ONLY if and when the following conditions are met: The Plan commences payment of Plan benefits to Participant, and ii. Such benefits include a subsidy for early retirement. b. Alternate Payee shall be entitled to receive Alternate Payee's interest in any early retirement subsidy payable with respect to Participant beginning with Participant's Benefit Commencement Date. 2. Amount a. The amount of Alternate Payee's interest in any early retirement subsidy payable to Participant, and any adjustment to Alternate Payee's benefits to reflect that interest, shall be determined in accordance with the Plan's QDRO procedures. b. In no event shall the amount of Alternate Payee's interest in any early retirement subsidy payable to Participant include any amount Participant could have received as an early retirement subsidy had Participant begun receiving Plan benefits on a date earlier than Participant's actual Benefit Commencement Date. QDRO Page 5 SECTION 5. DEATH AND SURVIVOR BENEFITS PAYABLE TO ALTERNATE PAYEE. This Section 5 applies ONLY if Participant dies before Participant's Earliest Retirement Date under the Plan and before Alternate Payee, and Participant is not then receiving Disability Retirement Benefits (see Section 8 and 9.E.2). A. The Plan shall treat Alternate Payee as Participant's "surviving spouse" for purposes of the immediate or deferred Before Retirement Spouse Lifetime Pension, as appropriate, but only to the extent of Alternate Payee's Separate Percentage Interest in Participant's normal retirement benefit. The Before Retirement Spouse Lifetime Pension satisfies the qualified preretirement survivor annuity requirements mandated by Federal pension law (ERISA Section 205(e)). B. The Plan shall pay Alternate Payee an amount equal to Alternate Payee's Separate Percentage Interest in any Basic Lump Sum Death Benefit that becomes payable upon Participant's death. SECTION 6. DEATH AND SURVIVOR BENEFIS PAYABLE TO ALTERNATE PAYEE'S BENEFICIARY. This Section 6 applies ONLY if Participant and Alternate payee each die before their respective Benefit Commencement Dates and Alternate Payee predeceases Participant. The Plan shall pay Alternate Payee's Beneficiary an amount equal to Alternate Payee's Separate Percentage Interest in any lump sum death benefits that become payable upon Participant's death (that is, the Basic Lump Sum Death Benefit and, if applicable, the Before Retirement 48-Month Death Benefit). SECTION 7. DETERMINATION OF PARTICIPANT'S BENEFITS A. This Section 7.A. applies only if Section 4, 5 or 6 applies. The Plan shall reduce Participant's normal retirement benefit, and the amount of any benefits that are calculated by reference to Participant's normal retirement benefit, by Alternate Payee's Separate Percentage Interest therein. B. This Section 7.B. applies only if Section 5 or 6 applies. The Plan shall reduce the Basic Lump Sum Death Benefit payable to Participant's Beneficiary by an amount equal to Alternate Payee's Separate Percentage Interest. C. Any benefits payable under the Plan with respect to Participant that have not been awarded to Alternate Payee (or Alternate Payee's Beneficiary) by this Order are awarded to Participant. SECTION S. DISABILITY RETIREMENT BENEFITS (See Section 9.E2 for definition). This Section applies ONLY if (i) Participant's Disability Retirement Benefits Commencement Date is before Participant's Earliest Retirement Date under the Plan and Alternate Payee is then alive, and (ii) Alternate Payee has not received payments under Section 4 before the Plan approves Participant's application for Disability Retirement Benefits. QDRO Page 6 A. As soon as practicable following the Plan's receipt of Participant's application for benefits, the Plan shall send Alternate Payee written notice to Alternate Payee's last reported address to the Plan that Participant has applied for disability benefits. B. Sections 4 through 7 of this Order shall not apply except in the event Participant recovers from disability as provided in Section 8.D. C. In accordance with Section 10, the parties shall obtain a new QDRO that implements the payment of Alternate Payee's marital property interest under Section 3 in light of Participant's entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date. The new order shall take into account the parties' circumstances at the time of Participant's Disability Benefit Commencement Date such as whether Participant is married or whether state law impacts the division of disability benefits. D. The Plan shall withhold Alternate Payee's fractional interest in Participant's Plan benefits (as determined under Section 3.C) from each of Participant's monthly lifetime Disability Retirement Benefit payments until the Plan receives a QDRO pursuant to Section 8.B. The Plan shall dispose of the withheld benefits in accordance with the terms of the new QDRO. E. If Participant loses entitlement to Disability Retirement Benefits before Participant's Earliest Retirement Date, the Plan shall pay Alternate Payee and Participant in accordance with Sections 4 through 8 of this Order. Any QDRO that has been entered pursuant to Section 8.13 shall no longer apply unless Section 8 applies again. F. Nothing in this Order shall prevent the Plan from processing and paying Participant's interest in the Disability Retirement Benefits. SECTION 9. GENERAL PROVISIONS A. Compliance with ERISA and the Code Pursuant to Federal law, this Order shall not be construed to: 1. Provide Alternate Payee any type or form of benefit, or any option, not otherwise provided under the Plan; 2. Provide a benefit to Alternate Payee which could have the effect of increasing Participant's total accrued benefit; and 3. Provide Plan benefits to Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. B. Participant's Cooperation Required Participant must cooperate fully with Alternate Payee and the Plan to carry out the conditions of this Order. QDRO Page 7 C. Alternate Payee's Cooperation Required Alternate payee must provide the Plan with whatever information the Plan reasonably needs to determine Alternate Payee's entitlement to benefits. D. The Plan's Right to Recover Overpayments Payments by the Plan pursuant to this Order shall be without prejudice to any right the Plan has under applicable law to seek recoupment or offset for overpayment. E. Definitions 1. Benefit Commencement Date shall mean the "annuity starting date" as that term is defined in the Code and corresponding Treasury Regulations. 2. Disability Retirement Benefits shall mean those Plan benefits provided to retirees pursuant to Article 9 of the Plan. F. Participant's Beneficiary Participant may designate or change Participant's Beneficiary under the Plan without the consent of Alternate Payee or Alternate Payee's Beneficiary. G. Effect of Plan Changes If changes in the terms of the Plan prevent the Plan from making any payment expressly provided for in this Order, for the purpose of maintaining the Order's status as a QDRO, the Plan is authorized to interpret the Order in a manner that is consistent with this Order and the Plan as changed. Any such interpretation by the Plan is subject to review by the Court in accordance with Section 10 by petition of either party. QDRO Page 8 SECTION 10. RESERVATION OF JURISDICTION The Court retains jurisdiction to make such further orders as are appropriate to (i) implement Section 8.B., (ii) enforce or clarify the provisions of Sections 1 through 9, or (iii) amend this order for the purpose of establishing or maintaining this Order's qualification as a Qualified Domestic Relations Order. 1h EXECUTED this I L day of -Soh CONSENT TO ORDER: 0 9 Date 6-q-")g Date Date Db D'-do Date «j??; t Mme. Ik &t?w- . 4 - 6_aG-69 BY THE COURT ?* -V, Judge ?? Plaintiff/Participant ?Utk Attorney for Plainti articipant 4 9fedant/Alternate Pa ee Attorney for Defe ci Alte e Payee OF THE Pp=0'r';OtlibTAPY 249 JUN 25 Pm 2: 10 i 1 V"4SYW StV ! ? ^ JAI ? 4 --------------- "IN