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HomeMy WebLinkAbout06-0679 JANE O. BECKER, :IN TIIF COURT OF COMMON PLEAS OF Plaintiff :CUM13FRLAND COUNTY. PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE: WILLIAM R. BECKER, JR., Defendant :NO. rrJto- (o (q ?tvr-"'1 NOTICE TO DEFEND AND CLAIM RIGHTS YOU 1IAVI? BEEN SURD IN COUR"T. Ifyou 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 ot'divorce or annulment may be entered against you by the court. A judgment may also be entered against for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court Ilouse 1 Courthouse Square Carlisle, Pennsylvania 17013 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 THF,M. 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 33 S. Bedford Street Carlisle. PA 17013 (717) 149-3166 (800) 990-9108 w JANE O. BECKER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - IN DIVORCE WILLIAM R. BECKER, JR, NO. ? ?«- Defendant COMPLAINT AND NOW comes the Plaintiff, Jane O. Becker, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Coun- sel, files this Complaint, in which she avers that: I. Plaintiff, Jane O. Becker, is an adult individual residing at 4A Southview Road, Randolph, New Jersey 07869. 2. Defendant, William R. Becker, Jr., is an adult individual residing at 112 Allendale Way, Camp Hill, Cumberland County, Pennsylvania 17011. 3. At least one of the parties was a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on September 29, 1956. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorpo- rated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Jane O. Becker, respectfully requests the Court to enter a Decree of Divorce. COUNT H EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE IL The averments contained in Paragraphs I through 10 of this Complaint are incorporated herein by reference as though set forth in full. -2- 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage, which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Jane O. Becker, respectfully requests the Court to divide all marital property equitably between the parties. COUNT III REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. - 3 - f 16, Plaintiff lacks sufficient property to provide for her reasonable means and is un- able to support herself in the lifestyle established during the marriage. 17, Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, pursuant to 23 Pa.C.S.A. §3701, Plaintiff, Jane O. Becker, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 18. The averments contained in Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19, Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, pursuant to 23 Pa.C.S.A. §3702, Plaintiff, Jane O. Becker, respectfully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and -4- expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. DATED: 'VA O? Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Respectfu submitted, omas A. Beckley Attorneys for Plaintiff - 5 - VERIFICATION I, Jane O. Becker, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: QzL tk., 6, Ja e O. Becker vY. L? ? -at f o ?a r? JANE O. BECKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM R. BECKER, JR, Defendant CIVIL ACTION - IN DIVORCE NO. 06-679 CIVIL TERM AFFIDAVIT OF SERVICE I, Elizabeth S. Beckley, being duly sworn according to law, do depose and say: I am an adult individual over eighteen years of age. 2. I served the Divorce Complaint of Jane O. Becker upon William R. Becker, Jr., at 112 Allendale Way, Camp Hill, Cumberland County, Pennsylvania 17011, on or about February 8, 2006, by certified mail, parcel number 7001 2510 0002 2637 2626, return receipt requested. Attached hereto is the return receipt (green card) signed by the Defendant. S. Sworn and subscribed to before me this %+ day of 2006. Notary Public (SEAL) NOTARIAL SEAL GERALDINE J. SCREAM, Notary Public City of Harrisburg, Dauphin County My Commission Expires Nov. 20, 2006 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to Ian R=zl ?_ C?l? 77CIj f ?7,? d C A. Signet re X t ? Agent S. Received by (Printed Name) C. Date of livery lirew. 14--1 1?f 6& D. s deliv ryad differ f m 12 Yes If YES, erAgr delivery address below: 0 No 3. Se") Type '64 7 edmed Mail ? Express Mail 0 Registered ? Return Receipt for Merchandise 0 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2. from from service recall (Transfer 7001 2510 0002 2637 2626 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-2509 JANE O. BECKER, Plaintiff vs. WILLIAM R. BECKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-679 CIVIL TERM IN DIVORCE 2'?'??, f 2a? ,,5E- I hereby request marriage counseling in accordance with the laws of Pennsylvania and the Rules of Court. If my wife and I are not able to agree upon the selection of a marriage counselor, I request that the court appoint one for that purpose and that nothing further proceed in the divorce action until both parties have complied with the counseling requirement. g 1 Date: Q WILLI BECKER, JR. CERTIFICATE OF SERVICE I hereby certify that I served a copy of the foregoing document upon counsel for the Plaintiff by regular mail, postage prepaid, addressed as follows: Elizabeth S. Beckley, Esquire 212 North Third Street Harrisburg, PA 17101 Date: 27 March 2006 ?F k VIX.. ? `' +' Cj A- Q;?" Amy rkins Secretary for Samuel L. Andes ?[ r_' '..i { Commonwealth of Pennsylvania County of Cumberland, ss: JANE O. BECKER, Plaintiff ) VS. ) WILLIAM R. BECKER, JR., ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2006-679 Civil Term Motion for Appointment of Master WILLIAM &BECKER, JR., Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by Elizabeth S. Beckley, Esquire. 3. The statutory ground(s) for divorce is: 3301 (c) of the Divorce Code (or, if the Plaintiff will not file a Consent, Section 3301 (d) of the Divorce Code). 4. Check the applicable paragraph(s). (xxx) The action is not contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: g' Date AND NOW, Master with respect to the following claims: Samuel L. An e Attorney for Defendant 2009, , Esquire, is appointed BY THE COURT, J. OF THE F`'?,_'_ Jay, 2009 JUL -S Ari ! I : C 9 , ;,r ,, CUM, Commonwealth of Pennsylvania County of Cumberland, ss: JANE O. BECKER, Plaintiff ) VS. ) WILLIAM R. BECKER, JR., ) Defendant ) JUL 0 9 2009 In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2006-679 Civil Term Motion for Appointment of Master WILLIAM R.BECKER, JR., Plaintiff moves the court to appoint a Master with respect to the following claims: ( ) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by Elizabeth S. Beckley, Esquire. 3. The statutory ground(s) for divorce is: 3301 (c) of the Divorce Code (or, if the Plaintiff will not file a Consent, Section 3301 (d) of the Divorce Code). 4. Check the applicable paragraph(s). (xxx) The action is not contested. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: g j ? ?P Date T, - Q. Samuel L. An e Attorney for Defendant AND NOW, 2009, e &,,,& 11?, Esquire, is appointed Master with respect to a fo wing claims: Q,4-, lQkt_,(? 0_.-0Ve BY TH URT, J. FILE & =i=I,F OF THE PR,0 HC'N,C)TAFY 2009 JUL -9 Pill 3: 21, CVIY:! 1a IN, 04 FILED-OFF-11011: OF THE' Poi,7"'Pr)NOTARY 2009 JUL -8 QM 11: 39 CUM" try .e -611? JANE O. BECKER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE WILLIAM R. BECKER, JR., Defendant :NO. 06-679 STATEMENT OF INTENTION TO PROCEED To the Prothonotary: Please be informed that the Plaintiff, Jane O. Becker, intends to proceed with the divorce action and respectfully asks that this matter not be terminated. DATED: 111 iiaoth ire Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043-0168 DATED: iza h e e FILED-OFFICE OF THE PROTHONOTARY 2009 OCT 27 PM 2: 54 CUNT v.F , ,i : U)UNTY PENNSYLVANIA JANE O. BECKER, Plaintiff V. WILLIAM R. BECKER, JR., Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 06-679 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 2, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree 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. § 4904 relating to unsworn falsification to authorities. Dated: 11111q 111 t?xe J O. Becker ILE --Ot Fl"" o THE PRYHiOiNC ARY 2009 DEC 3D P 1Z. 4 s r r1',:'' ., i LVANt A JANE O. BECKER, V. Plaintiff WILLIAM R. BECKER, JR., Defendant :lN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :lN DIVORCE :NO. 060679 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. Dated: M1??/ e O. Becker ri LF- ,I r ka F THE €'??^?'t-??)N ARI 2009 DEC 0 PM 12: 4 JANE O. BECKER, Plaintiff VS. WILLIAM R. BECKER, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-679 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2 February 2006 and served upon the Defendant within thirty days thereof. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 1. I consent to the entry of a final decree in 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. Section 4904 relating to unworn falsification to authorities. r Dated: ILL BEC R, JR. 41 li ?0E 2009 DEC 30 PH 12: 4 3 '>? ., , FILED-OF iCE , >P TFt cc?,ru?t,`37'ARy JANE 0. BECKER, Plaintiff VS. WILLIAM R. BECKER, JR., Defendant 2010 JAN 12 AM 10: 0 9 CU;r, 'L:, ;y?. k _, "UN"THE COURT OF COMMON PLEAS OF Piz Ji??Yi.Y`-"vNV% CUMBERLAND COUNTY, PENNSYLVANIA } NO. 06-679 CIVIL TERM CIVIL ACTION - LAW MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes, and moves the court to enter the attached Domestic Relations Order to implement a portion of the Property Settlement Agreement between the parties. Both parties and their counsel have signed the proposed order to evidence their consent to its entry. WHEREFORE, Defendant moves this court to enter the attached Domestic Relations Order so that his benefits within the United States Civil Service Retirement System can be divided and distributed in accordance with the agreement of the parties. Samue L. Andes Attorney for Defendant Supreme Court ID # 17225 525 North 12`" Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-53631 ,J 1H- PRCT'If, OTARY JANE O. BECKER, Plaintiff vs. WILLIAM R. BECKER, JR., Defendant TO THE PROTHONOTARY: 2010 JAN 12 AM 10: 13 CUM COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-0679 IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Affidavit of Service indicating service on 8 February 2006 uR2n the Defendant. 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: 11 December 2009 by Defendant: 21 December 2009 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (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 Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 11 December 2009 and field contemporaneously herewith Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 11 December 2009 and filed contemporaneously herewith. Date: 21 December 2009 By `?? - =0 in Samuel . An es Attorney for Plaintiff JANE 0. BECKER, Plaintiff VS. WILLIAM R. BECKER, JR., Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 679 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this ?M day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated November 30, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: Elizabeth S. Beckley Attorney for Plaintiff ? Samuel L. Andes Attorney for Defendant I Il g?« Cam. Q3 '-IL t ? f 'R S co PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 50 day of NQQ Q, 6QA/1 2009, is by and between: WILLIAM R. BECKER, JR. of 112 Allendale Way in Camp Hill, Pennsylvania, hereinafter referred to as "Husband"; and JANE O. BECKER of 4 A Southview Road in Randolph, New Jersey, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 29 September 1956 and separated in October of 2005; and WHEREAS, the parties are the parents of three children, all of whom are fully emancipated adults and who are not the subject of this Agreement; and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 06-679 before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Elizabeth Beckley, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: REVOCATION OF PRIOR AGREEMENTS AND DOCUMENTS. The parties executed trust agreements and related documents in 1992 to create an intervivos trust known -1- as "The Becker Jr. Family Trust" and subsequently amended those documents and executed additional documents, including, without limitation, powers of attorneys and health care powers of attorney. The parties hereby revoke, cancel, and terminate all of those agreements and documents and all authority arising out of them. Each of the parties shall execute documents evidencing the revocation of the powers of attorneys and health care powers of attorney previously appointing the other party and neither party will use or attempt to use, or claim any right arising out of, any of those documents from and after the date of this Agreement. 2. RESIDENCE. During the marriage the parties acquired, as tenants by the entireties, a single family residence situate at and known and numbered as 112 Allendale Way in Lower Allen Township, Cumberland County, Pennsylvania, which they have valued, for purposes of this Agreement at $245,000.00 and which is not currently encumbered by any mortgage or other lien known to the parties. In consideration of the other provisions of this Agreement, the parties, as trustees, and individually, shall transfer all of their right, title, and interest in the property, as well as any right, title, and interest of the trust in the property, by Special Warranty Deed contemporaneously with the execution of this Agreement. Wife represents that she has executed a Deed, both as trustee and individually, conveying the property to Husband contemporaneously with the execution of this Agreement and authorized her attorney to deliver that Deed to Husband's attorney for recording. From and after the date of this Agreement, Wife shall have no further interest in or claim to the property and Husband shall be solely responsible to pay and satisfy all obligations arising out of his ownership, use, or occupancy of the property and shall indemnify and save Wife harmless from any loss, cost, or expense caused to her by his failure to pay and satisfy such obligations as they may arise in the future. 3. MOTOR VEHICLES. The parties agree that they will divide, distribute, and otherwise dispose of the motor vehicles owned by them, and any debt associated with those vehicles, as follows: A. The 2002 Mercury automobile currently in Husband's possession shall be transferred to Husband. B. The 1999 Mercury automobile currently in Wife's possession shall be transferred to Wife. C. The 1994 Ford Pickup Truck, or any proceeds of its disposition, will be transferred and retained by Husband. -2- D. The 1994 Shadow Cruiser Camper will be transferred to and retained by Husband. E. The 1984 Arndt Horse-trailer will be transferred to and retained by Husband. The parties will make, execute, acknowledge, and deliver any and all documents necessary to accomplish the transfer or waiver of ownership in the motor vehicles as set forth herein. Each of the parties shall be responsible to pay any and all debts, expenses, or other obligations arising out of their ownership or operation of said motor vehicles and shall indemnify and save the other harmless from any loss, cost, or expense caused to them by their failure to do so. 4. HUSBAND'S RETIREMENT BENEFITS. The parties acknowledge that, during the marriage, Husband accrued certain benefits within the United States Civil Service Retirement System as a result of his employment by the federal government. The parties have agreed that they will divide and distribute those benefits by awarding to Wife $2,300.00 of the monthly benefit now payable to Husband, plus a proportionate share of any cost of living adjustments awarded in the future, and maintain Wife as the survivor annuitant under the retirement plan in the same status as she now enjoys (55% of Participant's monthly annuity). The parties further agree that the benefits payable to Wife during Husband's lifetime shall revert to Husband in the event that Wife predeceases him. The division and distribution of those benefits will be in accordance with a Domestic Relations Order to be entered in the divorce action between the parties, which order shall be in the form attached hereto and marked as EXHIBIT A. The parties have engaged Conrad Seigel Actuaries to prepare this order and Husband shall pay the fees of that company for the preparation of that order. 5. ALIMONY AND ALIMONY PENDENTE LITE. Husband shall pay Wife, as alimony pendente lite until the entry of the final decree in divorce between the parties and as alimony thereafter, the sum of $2,300.00 per month, commencing on the first day of the first month following the execution of this Agreement and continuing until Wife receives her first monthly payment from his civil service retirement benefits pursuant to the Domestic Relations Order addressed in the above paragraph. In the event that Wife receives a retroactive payment of those benefits, she will refund to Husband alimony or alimony pendente lite in the exact amount of the retroactive payment she receives. Under any circumstance, the alimony will terminate absolutely upon the first of the following to occur: (a) death of Wife; (b) death of Husband; (c) remarriage or cohabitation by Wife; (d) Wife's receipt of her portion of Husband's civil service -3- retirement system benefits. Otherwise, each of the parties does hereby waive, release, and relinquish any claim to alimony, alimony pendente lite, spousal support, or other financial support from the other and acknowledges their ability to support and maintain themselves financially without any further contribution from the other party except as expressly set forth in this Agreement. 6. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE. The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Wife's checking Account No. 620247-154-2 with Citizens Bank which the parties agree, for purposes of this Agreement, has a value of $11,418.00. B. Wife's investment Account No. 957-09850-1-1 with Edward Jones which the parties agree, for purposes of this Agreement, has a value of $39,149.50. C. Wife's Account No. 075806 with the New Cumberland Federal Credit Union, which the parties agree, for purposes of this Agreement, has a value of $62,522.00. D. A distribution she received previously from her individual retirement account which the parties agree has a value, for purposes of this Agreement, of $8,967.00. E. All assets which Wife has acquired since the date of the parties' separation, and the proceeds of any of the above assets which she has liquidated or transferred since separation. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 7. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: -4- A. Husband's IRA account (No. 61422276) with Vanguard Group, which the parties agree, for purposes of this agreement, has a value of $92,750.00 in 2005 and which now has a value of $77,055.60. B. A joint account, held in the name of Husband and Wife as trustees of the Becker Jr. Family Trust (being Account No. 438-19731-1-6) with TD Waterhouse Investors Services, Inc. which the parties agree has a value, for purposes of this Agreement of $61,213.00 as of 2005 and which is now worth $8,599.47. C. Husband's account with TD Ameritrade, Inc. (Account No. 43809267-1- 9) which the parties agree has a value, for purposes of this Agreement of $45,626.87 at the present time. D. A joint account held in the name of Husband and Wife as trustees of the Becker Jr. Family Trust, with Vanguard Funds (being Account No. 72925449) which the parties agree has a value, for purposes of this Agreement of $28,345.84 as of the present time. E. The proceeds of the sale of horses previously owned by the parties. F. Husband's Certificate of Deposit and checking account with Integrity Bank which was opened after the parties' final separation. G. All assets which Husband has acquired since the date of the parties' separation, and the proceeds of any of the above assets which he has liquidated or transferred since separation. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. In the event that any actions are required by either or both of the parties to effect these transfers, including the termination of the Becker Jr. Family Trust or authorization to transfer trust accounts to Husband, the parties shall make, execute, acknowledge and deliver all such documents required to make the transfer, and take all such actions required to make the transfers, promptly upon the request of the other party. 8. HUSBAND'S TD AMERITRADE INDIVIDUAL RETIREMENT ACCOUNT. The parties acknowledge that Husband holds an individual retirement account with TD Ameritrade -5- which is identified as Account No. 43897366 and which has a value at this time, for purposes of this Agreement, of $70,459.00. Husband shall transfer the entire balance of and all of the assets within that account to Wife. The parties contemplate that the transfer can be made without a Qualified Domestic Relations Order. If such an order is required, however, they agree that Husband shall engage Conrad Siegel Actuaries to prepare the order and he will pay the cost of the preparation and implementation of that order. Further, Wife agrees that she shall, within twenty (20) days of the date of this Agreement, open an individual retirement account with TD Ameritrade and provide to Husband instructions for the transfer of funds directly from his TD Ameritrade IRA into her new IRA. Husband will make the transfer from his IRA within 7 days of Husband executing this agreement.. In the event Husband's IRA has less than $70,459.00 in it at the time of transfer to Wife, Husband will pay Wife the difference between that actual balance transferred and $70,459.00 in cash within 7 days of the date of transfer of the funds. 9. CASH PAYMENT. Husband shall pay to Wife, upon delivery of the Deed to the residence contemplated by this Agreement, the sum of Ninety-One Thousand Seven Hundred Forty-One ($91,741.00) Dollars in cash. Husband will wire these funds into Wife's account on the day Husband executes this agreement. Both parties agree that the payment shall be treated by both of them as the equitable distribution of marital property and not as alimony. 10. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and 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, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 11. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have -6- the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 12. WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so. Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties with the exception of the enforcement of the terms of this agreement. 13. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and -7- imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 14. WAIVER OF OTHER PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 15. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 16. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets -8- owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 17. CONCLUSION OF DIVORCE. The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been filed or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301(c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like. 18. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 19. RELEASE. The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and all claims one party may have against the other. The parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full -9- satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 20. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 21. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 22. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. '<? a. P. Q50au I?411-1! C E , JR. Witness J E O. BECKER -10- COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the I day of 2009 , before me, the undersigned officer, personally appeared WILLIAM R. BECKER, JR. known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. L 7N.^ C:'?ylliv? My Co mission Expires: STATE OF NEW JERSEY COUNTY OF COMMONWEALTH OF PENNSY(V gN1A LYNN ENRENFELp,SEAL Lemoyne Soro., mberland Public Expires February ry 1, 2013 (SS.: On this, the a0j' day of ?JoNie? , 2009, before me, the undersigned officer, personally appeared JANE O. BECKER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. U? k o', S OLA My Commission Expires: PATRICE LOUISE DiSARNO NOTARY PUBLIC OF NEW ,JERSEY My Commission Expires Jan. 17, 2012 -11- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANE O. BECKER V. WILLIAM R. BECKER, JR. NO. 06-0679 DIVORCE DECREE AND NOW, , it is ordered and decreed that JANE O. BECKER , plaintiff, and WILLIAM R. BECKER, JR. , 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.") NONE By the Court, Attest: J. Pr thonotary ,/? ? . /- as -ire `?t?:- ?? ?? Jane O. Becker Plaintiff VS. William R. Becker. Jr. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-679 DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable for Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. William R. Becker, Jr. ("Participant") is a Participant in the Plan. Jane O. Becker ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: t DRO Page 2 William R. Becker, Jr. 112 Allendale Way Camp Hill, PA 17011 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Jane O. Becker 4A Southview Road Randolph, NJ 07869 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Participant is currently receiving a monthly pension under the Plan. 8. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 9. This DRO assigns to Alternate Payee an amount equal to $2,300.00 per month of the Participant's Gross Monthly Annuity. In addition to the above, when cost-of-living adjustments (COLA's) are applied to Participant's retirement benefits, a proportionate share (based on the ration of the Alternate Payee's share of the Participant's benefit to the total Participant's benefit) of the COLA shall apply to the Alternate Payee's benefit. DRO Page 3 10. Payments to Alternate Payee shall commence as soon as administratively feasible following the date this DRO is approved by OPM. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall revert to the Participant. 12. Upon the death of the Participant, the Alternate Payee shall receive a survivor annuity in accordance with the survivor annuity (55% of Participant's monthly annuity) election made by the Participant upon his retirement. 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. DRO Page 4 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. 17. 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 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. DRO Page 5 EXECUTED this ;?O IA day of Q,? 20/0 BY THE COURT: udge CONSENT TO ORDER: PLAINTIFF/ALTERNATE PAYEE d)• ,e)' 9 •pature Date DEFENDANT/PARTICIPANT c 0,4 /1 &,ffVt,' ATTORNEY FOR PLAINTIFF/ ALTERNATE PAYEE ATTORNEY FOR DEFENDANT/ PARTICIPANT l? lg? Date c !i r ^f , -ti -? w\ c