Loading...
HomeMy WebLinkAbout02-1208CHERYL L. WARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. o--j - i zo P ?c?.?P `Tli - ROBIN L. WARNER, : CIVIL ACTION - DIVORCE Defendant NOTICE TO DEFEND 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 in divorce or annulment may be entered against you by the Court. Ajudgment 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 grounds for the divorce are indignities or irretrievably breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013, (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERYT, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLIAM 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 Lawyer Referral Service 4 Liberty Avenue Carlisle, PA 17013 717-249-3166 CHERYL L. WARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. oa - is o; e ti ROBIN L. WARNER, : CIVIL ACTION - DIVORCE Defendant COMPLAINT IN DIVORCE AND NOW HERECOMES, the Plaintiff, by and through his attorney, Lisa M. Greason, Esquire and respectfully represents: 1. Plaintiff is Cheryl L. Warner, an adult individual who currently resides at 112 Yates Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Robin L. Warner, an adult individual who currently resides at 112 Yates Street, Mount Holly Springs, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 12th day of March, 1983 in Cumberland County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or navel service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of 1940 and its amendments. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 14. The parties may enter into a written agreement with regard to real and personal property and debt division. In the event that the parties execute such an agreement, Plaintiff desires that such written agreement be approved by the Court and incorporated, but not merged, in any divorce decree dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code, the Court approve and incorporate, but not merge, such agreement in the final divorce decree. Respectfully Submitted, GREASON LAW OFFICE 3fd?)z - Date Lisa M. Gr ason squire Attorney for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 241-3030 ID #78269 c? rti c'; z>17 [ G7 ? ?tA?l f ` B ? ?. ? ? o C [7? ,, J cri VERIFICATION I verify that the statements made in the foregoing 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 unsworn falsification to authorities. Date CHERYL L. ARNER CHERYL L. WARNER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1208 Civil Term ROBIN L. WARNER, : CIVIL ACTION - DIVORCE Defendant AFFIDAVIT OF SERVICE BY MAIL 1, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and says that I mailed a copy of the Complaint in Divorce filed in this matter b y certified registered mail, return receipt requested, addressee only, to the Defendant at 112 Yates Street, Mt. Holly Springs, PA 17065, on the 14th day of March, 2002. The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as Exhibit "K. ?qzf1 / 8-, -100 2 Date Lisa M. G, ea#, Esquire Attorne for Plaintiff 50 East High Street Carlisle, PA 17013 (717) 241-3030 ID #78269 C= L ?1 zr. cn - . r c: z ?? ?cz C? ; l Iti i l kD ¦ Complete llama 1. 2, and 3. Also oomplats item 4 0 Rasbioted Delvay Is deg' W. • Print your ranee and address on the roans so that we can mtxn the card to you. • Attach this cord to the back of the mel0m, or on the front K apace Perms. 1. Ardde Addrssmd to: Il d yATeS SimT tkT. kLy SPQiw, FA 11665 :. Araae r}r?er 7 0471 Rr.nareinddi awWc's x Pe Form 3811. rAeran 2001 A. Reoalxo by lPMpe Pins awlyl S. 13 D. M daYwy Wdraa dlaararrt nom rem 1? 0 Yee r YES, ama del wy address below: 0 No Y 3 owe,yP. MW 0Evms Mar 0 RaphMnd )A Rohn RBOW for MwdwWb* 0 nwxW MW 0 C.O.D. 4. Readcnd DWWW l fa Fes) Ayes ti n n,e EXHIBIT A X 00092826 ; DarrMk Ragan Raoapt M ? v << til t v r ? ?C" -27 C* JUL 0 8 x002 CHERYL L. WARNER, Plaintiff V. ROBIN L. WARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1208 CIVIL TERM CIVIL ACTION - DIVORCE UALIFIED DOMESTIC RELATIONS ORDER The parties having reached an agreement as to the division of a private 401(k) benefit plan in which Robin L. Warner is a Participant; IT IS HEREBY ORDERED, ADJUDGED AND DECREED that a division and disposition of the 401(k) benefit plan identified below shall be and is made according to the provisions of the domestic relations law of the Commonwealth of Pennsylvania and of Sections 401(a)(13) and 414(p) of the Internal Revenue Code of 1986, as amended (hereinafter the "Code"), relating to Qualified Domestic Relations Order as follows: 1. Robin L. Warner (hereinafter the "Participant") is a Participant and has an interest in an account with Ametek 401(k) Plan for Acquired Businesses known as a 401(k) retirement plan (hereinafter the "Plan"). 2. Cheryl L. Warner (hereinafter the "Alternate Payee") is the spouse of the Participant in a pending divorce action to the above-docketed action and is hereby designated as the Alternate Payee of Participant's interest in an account under the Plan pursuant to Sections 401(a)(13) and 414(p) of the Code, to the extent provided in this Qualified Domestic Relations Order. 3. It is hereby ordered that Alternate Payee shall have and receive, and the Plan Administrator and/or trustee of the Plan are directed to pay to the Alternate Payee from c.QW INITIALS the Participant's account under the Plan, promptly after receipt and acceptance of this Qualified Domestic Relations Order, the sum of NINE THOUSAND FOUR HUNDRED SIXTY-THREE AND 00/100 ($9,463.00) DOLLARS (hereinafter the "Single Sum Payment"). If directed by Alternate Payee, the Plan Administrator and/or trustee of the Plan are hereby authorized and directed to pay the Single Sum Payment to Alternate Payee's Individual Retirement Account, an account under Alternate Payee's employer's qualified plan, or designate the payment as a separate account under the Plan, as applicable and permitted under current law and the terms of the Plan. This Single Sum Payment paid from the Participant's account and deposited to the account of Alternate Payee, or segregated within the Plan in Alternate Payee's name, is non-taxable as an authorized rollover from one qualified retirement plan to another qualified retirement plan. This amount designated in this paragraph as a Single Sum Payment shall accrue pro rata interest or gain from the time of acceptance of this Order by the Court pursuant to any gain tat the account of Participant had experienced as a whole. 4. In the event of Participant's death prior to the Alternate Payee's receipt of the Single Sum Payment pursuant to paragraph 3 above, Alternate Payee shall continue to be treated, in accordance with Section 414(p)(5) of the Code, as the Alternate Payee of Participant for the purposes of and under the Plan with regard only to the unpaid amount, if any, of the Single Sum Payment. In the event of the Alternate Payee's death prior to the receipt of the Single Sum Payment pursuant to paragraph 3 above, the Single Sum Payment shall be paid to Alternate Payee's estate or her designated beneficiary as permitted by the Plan and pursuant to documentation in effect at that time. CIAAJ INITIALS 5. The name, last known mailing address, and date of birth of the Participant is as follows: Robin L. Warner 112 Yates Street Mount Holly Springs, PA 17065 Participant's social security number is 196-52-1028 and date of birth is August 6, 1960. 6. The name, last known mailing address, and date of birth of the Alternate Payee is as follows: Cheryl L. Warner 112 Yates Street Mount Holly Springs, PA 17065 Alternate Payee's social security number is 192-56-7263 and date of birth is January 1, 1962. 7. The Plan to which this Qualified Domestic Relations Order relates is the Ametek 401(k) Plan for Acquired Businesses, Account Number 192-52-1028. 8. Nothing in this Order shall be construed to require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan or to provide benefits to Alternate Payee in an amount that exceeds the amount of benefits that the Plan would be required to pay with respect to Participant if the Order did not apply. Except for the interest awarded herein to Alternate Payee as an Alternate Payee, this Qualified Domestic Relations Order shall have no effect on Participant's remaining interest in the account under the Plan or on his/her future interests in an account under the Plan. Alternate Payee shall not be entitled to Participant's interests in the Plan that are already required to be paid to another Alternate Payee under another domestic relations order previously determined to be a Qualified Domestic Relations Order; however, Participant has C ?A; C?4N INITIALS r represented that no such previous Domestic Relations order exists. Any provisions of this Order that are construed to be in conflict with the provisions of this paragraph should be null and void and have no effect. 9. Alternate Payee shall notify in writing the Plan Administrator and/or trustee of the Plan of any changes in her mailing address. 10. It is the intention of Alternate Payee and Participant that this Order shall qualify as a Qualified Domestic Relations order within the meaning of Section 414(p) of the Code and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended (hereinafter "BRISA"), and that whenever the provisions hereof are inconsistent with the definition of a Qualified Domestic Relations Order as may be contained from time to time in the Code or ERISA, this Order shall be amended, from time to time as may be necessary, to comply with the requirements for Qualified Domestic Relations Order under the Code and ERISA or regulations promulgated thereunder and to cause this Order to be accepted as a Qualified Domestic Relations Order by the Plan Administrator of the Plan. The Court retains jurisdiction to amend this Order to so comply. 11. In no event shall Alternate Payee have greater rights than those that are available to Participant. 12. Any reasonable cost incurred by the Plan Administrator to effectuate the terms of provisions of this Order may be assessed against the party requiring the services of the Plan Administrator. In the event both parties require the services of the Plan Administrator, such expenses shall be divided equally between them. INITIALS 13. It is hereby ordered that a true copy of this Qualified Domestic Relations Order be served upon the Plan Administrator and the trustee of the plan Relations order shall be binding the Plan and that the Qualified Domestic g on Administrator and the the laws of the Commonwealth of Pennsylvania, trustee according to a, the Code and ERISA. Alternate Payee are ordered participant d an to comp1y with the terns of and spirit of this Qualified Domestic Relations order. 14. The Court further retains jurisdiction to supervise the implementation of th is Quali ed fi Domestic Relations Order and those provisions of the parties' Decree regarding division and disposition of P ee of Divorce and articipant s interest in and account under the Plan, to enter such other orders hereafter as may be required to implement ful and any subsequent orders of the Co lY this Order urt regarding the Plan. SO ORDERED this Q -?_day of 2002. APPROVED: ROBIN L. W ARNER, DefendantJParticipant CHER ' WA?ER, Plaintiff/Alternate Payee ?cf- 2a. `7//o/o-k -t ,.a ,), INITIALS J. A( ?? ? ; t ;. ??I -„ ICI 1? 1 ??t?%.. :.?V CHERYL L. WARNER, Plaintiff V. ROBIN L. WARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1208 Civil Term Civil Action - Law AFFIDAVIT OF CONSENT TO THE PROTHONOTARY: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 very 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. Date: z4- el- ? ?Zr Cheryl L. W er, Plaintiff c- 6v -7?t C_ = n j - • J -C CHERYL L. WARNER Plaintiff V. ROBIN L. WARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1208 Civil Term Civil Action - Law WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I . 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 unworn falsification to authorities. Date: (!"^ ze l/,a-4? CHERYL L ARNER Plaintiff ti C-) C_- ;...; Up, L CHERYL L. WARNER, Plaintiff v. ROBIN L. WARNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1208 Civil Term Civil Action - Law AFFIDAVIT OF CONSENT TO THE PROTHONOTARY: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 very 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. Date: O 703 16 Z-- GC/ Robin L. Warner, Defendant ?? 9 .. v ? m rr ?? E= ; -r Z [ i _^' ?Lj ._ ,C J ?Ci ?.. :,?i-i ' .?}j V i FA -4 .,,1 -G CHERYL L. WARNER, Plaintiff V. ROBIN L. WARNER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1208 Civil Term Civil Action - Law WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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. 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 unworn falsification to authorities. Date: D 7?n3? Z- K4- D", A/? , ?7 ROBIN L. WARNER, Defendant 'V fl ?p IT.. r _._I (?ji- lb ?J ryi D-° m PROPERTY SETTLEMENT AGREEMENT THISAGREEMENT, made this 2rd day of? 2002, by and between CHERYL L. WARNER, residing at 112 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065, hereinafter referred to as (WIFE) and ROBIN L. WARNER, residing at 112 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065, hereinafter referred to as (HUSBAND). WITNESSETH: WHEREAS, the parties were lawfully married on March 12, 1983; and WHEREAS, in consequence of disputes and unhappy difficulties, the parties have agreed to live separate and apart during their natural lives; and WHEREAS, the parties are desirous of settling their existing property rights including an amicable equitable distribution, assignment and division of their property, which property is considered to be marital property as defined in the Divorce Code known as Act 26 of 1980, and amendments thereto enacted into law on February 12, 1988; and WHEREAS, the parties are desirous of settling the issues of spousal support, alimony, alimony pendente lite; and NOW THEREFORE, in consideration of the promises and the mutual undertaking herein contained and for other good and valuable consideration, the parties, intending to be legally bound, agree as follows: 1. Separation. Husband agrees to move out of the marital residence permanently On or before the execution of this Agreement. The parties shall thereafter live separate and apart. Each shall be free from interference, authority, and control, direct and indirect, by the other as if he or she were single and unmarried. 2. Control ofAQreeinent. The provisions of this Property Settlement Agreement shall govern all past, present, and/or future claims for alimony, support, counsel fees and costs, alimony pendente lite, equitable distribution, or other property rights, and all other claims which the Wife or Husband has or might have against the other except as set forth hereinafter. 3. Divorce. It is agreed that the signing of this Property Settlement Agreement, shall take place simultaneously with the execution of all documents necessary to obtain a Divorce Decree under Section 3301(c) of the Divorce Code, including but not limited to, Affidavits of Consent, Affidavits Waiving Marriage Counseling, and Waivers of Notice of Intent to Seek Divorce under Section 3301 (c) of the Divorce Code. If either of the parties does not sign the necessary documents, this Agreement shall become null and void. The parties intend that this Agreement shall be incorporated into any forthcoming Decree in Divorce. 4. Real Property. The parties acknowledge that they are the owners as tenants by the entirety of real property located at 112 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania 17065 with an approximate value of $101,000.00. Husband agrees to transfer his ownership interest in the above referenced property to Wife, and agrees to execute all documents necessary to transfer his ownership interests to Wife. Wife will assume mortgage payments, an approximate debt of $69,000.00, when Husband moves out. Wife shall refinance the property within 90 days of the execution of this Agreement. Furthermore, as of March 11, 2002, Husband agrees to 2 pay fifty-seven (57%) percent of the household bills, and Wife agrees to pay forty-three (43%) percent of the household bills, while Husband is still residing there. Husband will be responsible for fifty-seven (57%) of the household bills that become due after the date of separation, but were accrued while he was still living there. Husband also agrees to contribute for the real estate taxes for the marital residence for the year 2002, in relation to the number of months he resided there. In regards to the timeshare, located in Orlando, Florida, with a value of $12,000.00, that the parties own together, Husband agrees to transfer all rights in ownership, to include all rights in the ownership of the RCI Vacation Club membership that is used in conjunction with the timeshare, to Wife. 5. Employee Pension and Retirement. Both parties agree that the Wife shall receive Husband's small 401(K) valued at $9,463.00, Wife's small 401 (K) valued at $6,308.00 and Wife's CAI 401(K) valued at $12,750.00. Both parties further agree that Husband shall receive Husband's Vanguard 401(K) valued at $77,144.00 and Husband's Pension valued at $47,000.00. The above shall specifically include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties represent that they are aware of the values in each other's retirement accounts and/or specifically waive the right to request any further documentation thereon. Furthermore, each party shall be and remain sole owner of any other asset in his or her control not specifically covered by other provisions of this Agreement. Should it become necessary, each party agrees to sign any other title or documents necessary to give effect to this section upon request of the other party. 6. Personal Proaerti The parties have acquired certain personal property during the course of their marriage and hereby acknowledge and represent that such personal property, including household furnishings and other similar property, will be divided to their mutual 3 satisfaction as listed in Exhibit "A" and Exhibit "B" of this Agreement. All personal effects are to remain as their own, including any items that were given to either one individually, as gifts or otherwise. All the children's possessions are to remain with the children including but not limited to: A. Each child's bedroom furniture; B. Ping-pong table; C. Fuse ball table; D. Video games and accessories; E. Lauren's shelf unit in living room; and F. Lauren's car. Wife agrees to allow Husband to store his boat and trailer at 112 Yates Street indefinitely, or until such time Wife requests in writing that the boat and trailer be removed from the property. Once this request has been made, the boat and trailer must be removed within 30 days of written notice, or Husband waives all rights, title or interest to the boat and trailer, and they will become the sole property of the Wife. According to this Agreement, any property belonging to Husband, except the boat and trailer, must be removed on or before 60 days from the execution of this Agreement or Husband waives all rights, title or interest to this property, and said property shall become the sole property of the Wife. Except as noted above, each party agrees to waive any right, title or interest they may have to the property in the possession of the other. Should it become necessary, the parties each agree to sign upon request, any titles or documents necessary to give effect to this paragraph. 7. Automobiles. All vehicles will be disposed of as follows; A. Wife agrees to sign the title for the Explorer over to Husband. B. Wife will retain possession of her vehicle. 4 C. Husband and Wife agree to sign the title for the Toyota Corolla over to their daughter, Lauren. Each party agrees to waive any right, title or interest he or she may have in the vehicle of the other, and promptly sign any and all documents necessary to effectuate the above referenced transfer. 8. Bank Accounts. The bank accounts will be disposed of as follows: A. Wife agrees to allow Husband to keep the personal bank accounts in his name only, and the value they hold. B. Husband agrees to allow Wife to keep the personal bank accounts in her name only, and the value they hold. C. At the time of the signing of this Agreement, Wife and Husband both agree to split the value of any joint bank accounts 50150. D. The children's bank accounts and Certificates of Deposits (CDs) and their value shall remain their own property. Both Husband and Wife are custodians of the children's accounts and CDs. Due to the very real possibility that Husband may be relocating out of state, Husband agrees to have his name removed as custodian on these accounts on or before 60 days from execution of this Agreement. 9. Credit Card Debt. As to the credit card debts, the parties mutually agree as follows: A. Wife agrees to be solely responsible for the Member's 1 sc credit card debt in her name only; B. Husband agrees to be solely responsible for the Member's 1" credit card debt in his name only; 5 C. Both the Member's I" credit card joint account and the First USA credit card account are paid in full. Any charges incurred after March 30, 2002 will be the responsibility of the person initiating the charge; D. Any new charge accounts or charges incurred after March 30, 2002 will be the sole responsibility of the person initiating the new account and/or charges. 10. Miscellaneous Debt. The parties mutually agree as follows: A. Husband agrees to pay for fifty (50%) percent of Lauren's beach trip in June and fifty (50%) of Lauren's trip to Florida in August as they were graduation presents the parties mutually agreed upon.] 1) Husband agrees to pay for fifty (50%) percent of un-reimbursed medical bills for the children until the occurance of any of the following: 2) they reach the age of 22; 3) they marry; 4) they are no longer full-time students; or 5) they acquire a full-time job with medical benefits. B. Husband agrees to pay one-third (1/3) of the cost of the children's higher education, and any expenses related to this including but not limited to books, room & board, and meal plan. Wife agrees to pay one-third (1/3) of the cost of the children's higher education, and any expenses related to this including but not limited to books, room & board, and meal plan. At the request of Husband, each child will pay one-third (1/3) of the cost of their higher education, and any 6 expenses related to this including but not limited to books, room & board, and food. If for any reason, the children cannot meet their one-third (1/3) share of the responsibility, Wife agrees to make up their share to ensure their education, since Husband refuses to do so. C. Husband agrees that in the event he moves out of state, he will be responsible for any travel expenses for the children to visit him. 11. Custody and Support The parties mutually agree as follows: A. Both parties will share joint physical and legal custody; B. The children's primary residence will be with Wife at 112 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania, 17065 during the school year while they remain in high school; C. The children are free to see Wife and Husband anytime they wish; D. Wife and Husband are free to see the children anytime they wish; E. Holidays, summer vacation, and days while not in school, the children will decide which parent they want to spend time with and how long; and F. Husband agrees to pay $700.00 a month child support for Cole until he graduates from high school. 12. Areement Executed Voluntarily and Clearly Understoor[ Each party to this Agreement acknowledges and declares that he or she respectively: A. Is fully and completely informed as to the facts relating to the subject matter of this Agreement, and as to the rights and liabilities of both parties; 7 B. Enters into this Agreement voluntarily, free from fraud, undue influence, coercion or duress of any kind; C. Has given careful and mature thoughts to the making of this Agreement; D. Has carefully read each provision of this Agreement; E. Acknowledges that there has been a full and fair financial disclosure by both parties, and fully and completely understands each provision of this Agreement. 13. Release of all Claims. Each party releases the other from all claims, liabilities, debts, obligations, actions, and causes of action of every kind that have been or will be incurred. Moreover, neither party is relieved or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. 14. Holding Other Party Free and Harmless Husband hereby warrants to Wife that he has not incurred and he hereby agrees that he will not hereinafter incur any liability or obligation on which she is or may be liable. If any claim or action is brought attempting to hold Wife liable for any such liability or obligation, Husband shall, at his sole expense, defend Wife against any such claim or action whether or not founded, and he shall hold her free and harmless therefrom. Wife hereby warrants to Husband that she has incurred and she hereby agrees that she will not hereafter incur any liability or obligation on which he is or may be liable. If any claim or action is brought attempting to hold Husband liable for any such liability or obligation, Wife shall, at her sole expense, defend Husband against any such claim or action whether or not founded, and she shall hold him free and harmless therefrom. 15. Additional Instruments. The parties shall, on demand, execute and deliver to the other, any document, and do or cause to be done, any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails, on demand, to comply with this provision, that party shall pay to the other, all attorney's fees, costs and other expenses reasonably incurred as a result of such failure. 16. Full Disclosure. The respective parties do hereby warrant, represent, and declare, and do acknowledge and agree that each has been fully and completely informed of, and is familiar with and cognizant of the wealth, income, real and/or personal property, whether jointly or individually titled, estate and assets of the other, and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities, and any further enumeration or statement thereof in this Agreement is hereby specifically waived. The parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself that his or her heirs, personal representatives or assigns, that he or she will never at any time hereafter sue the other or his or her heirs, personal representatives or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full and proper disclosure. Further, both parties waive their right to have the inventory or financial disclosure statement of the other attached hereto. 17. Representation of the Parties. Wife is represented by Greason Law Offices in connection with the negotiation and preparation of this Agreement. Husband is represented by Griffie & Associates in connection with the negotiation and preparation of this Agreement. Each party has carefully read this Agreement and is completely aware not only of its contents but also of its legal effect. Each party acknowledges and accepts that this Agreement, in the circumstances, is fair and equitable, and that is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any 9 improper or illegal Agreement and/or Agreements. 18. Waiver of Rights to Other Estate Except as provided for herein, Husband and Wife each waive any and all right: A. To inherit any part of the estate of the other at his or her death, except as provided herein; B. To receive property from the estate of the other on intestacy unless nominated by another party legally entitled to so act; C. To act as personal representative of the estate of the other on intestacy unless nominated by another party legally entitled to so act; D. To act as the personal representative under the Will of the other unless so nominated by a Will or Codicil dated subsequently to the effective date of this Agreement; E. To claim a family allowance in the estate of the other. 19. Containment of Entire Agreement Herein This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement contains the entire agreement of the parties with the exception of a Qualified Domestic Relations Trust (QDRO) prepared under separate cover. The QDRO is included in this Agreement be reference as if set forth herein in its entirety. 20. Partial Invalidity. If any portion of this Agreement is held by a Court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall, nevertheless, continue in full force and effect without being impaired or invalidated in any way. 21. Modification. This Agreement shall not be subject to modification except as in accordance with Pennsylvania law and with a writing between both parties evidencing their intent to 10 modify the Agreement. 22. No Waiver of Default This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 23. Attorney's Fees and Expenses Each party shall be responsible for their own Attorney's fees and expenses, except as specifically provided herein. 24. Mutual Cooperation. Each of the parties shall, on demand, execute and deliver to the other any deeds, bills of sale, quit claims, assignments, consents, tax returns, and other documents, and do or cause to be done any other acts or things as may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, cost, and other expenses reasonably incurred as a result of such failure. 25. Bankruptcy. Each of the parties acknowledges and agrees that with respect to the liabilities each is required to assume and pay under the provisions of this Agreement, each has the ability to fulfill his or her respective obligations from income or property not reasonably necessary to be expended for such party's maintenance and support or for the maintenance and support of such party's dependants. Should either party file a Petition under Title XI of the United States Code, or should a petition be filed against either involuntarily, each party acknowledges and agrees that the discharge of the debtor party's obligations under this Agreement will not result in a benefit to the debtor party that outweighs the detrimental consequence to the non-debtor party or the non-debtor party's child or children. 11 26. Law ofPennsvlvania Applicable This Agreement shall be constructed in accordance with the laws of the Commonwealth of Pennsylvania. 27. Date ofAQreement. The effective date of this Agreement shall be the date on which the last parry executes the Agreement if the parties do not execute the agreement on the same date. Otherwise, the effective date will be the date that both parties execute the Agreement if they execute on the same date. 28. Successors and Assigns. This Agreement, except as otherwise expressly provided herein, shall be binding on and shall accrue to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns and successors and interest of the parties. IN WITNESS WHEREOF, the parties hereby have hereunto set their hands and seals the date and year first above written. WITNESS: C? U l LAW Date CHER ' L. WARNER, WIFE A Z' Da--fie ROBIN L. WARNER HUSBAND 12 1. These items belong to Cheryl, and are not negotiable. These items were either given to her by her family, as gifts, or belonged to her before the marriage: • Kitchen hutch from Aunt Veryl. • Singer sewing machine from Aunt Veryl. • Dresser from Non-Non. • Sewing machine from Non-Non. • Planter's peanut jar from Aunt Veryl. • Planter's peanut jar from Nana. • Small fridge in basement from Non-Non. • Small wicker rocker from Aunt Veryl. • Small wooden nursing rocker from Mother. • Miniature collection. • Dresser in dining room from Tina. • Microwave oven. Received original for free from Aunt Joan and Uncle Paul. When the lightening zapped it, the insurance replaced it free of charge. • Lifetime cookware/bakeware purchased before marriage. • Any additional items purchased before marriage. • Under the counter clock/radio/cd player, given as gift. • Hope chest, given as gift. • Breadmaker, given as gift. • Yard swing, given as gift. • Digital camera, given as gift. • Jewelry armoire, given as gift. • Her CD's. • Lopping shears, given as gift. • Edging shears, given as gift. • Filing cabinet, given as gift. • Any additional items received as individual gifts that are not mentioned here. These items belong to Rob, and are not negotiable. They were either given to him by his family, as gifts, or belonged to him before the marriage: • Stuffed bear head. • Stuffed deer head. • Any items purchased before marriage. • Drexel tool and accessories. • Miscellaneous tools that were given as gifts. • His CD's. • Kerosene heater. • Stereo downstairs. 9 Any additional items received as individual gifts that are not mentioned here EXHWIt Remaining household items will be split as follows: ROB Fishing/Hunting gear TV, VCR in basement Sears sweeper Dark rocker Small Tiffany lamp Remaining lamps in TV room End tables in TV room Dining room table/chairs Wafflemaker George Foreman grill Fryer Rice Steamer V2 remaining tools (garage) CHERYL Snow blower Jewelry/Longaberger baskets Computer & accessories Rainbow sweeper Sofa, loveseat, chair-fireplace room Sleeper Sofa, loveseat, chair-TV room Oak rocker Basket lamp Remaining lamps in fireplace room End tables in fireplace room Patio furniture-wrought iron Cutco knives and block, Cuisinart Stove Refrigerator Home Decor Pots/pans/bakeware %2 remaining tools (garage) All dishes/glasses Table saw Free weights/bench Total Gym Bench Grinder 35mm camera CD player underneath TV Filing cabinet Luggage, split 50150 Bookcase in computer room Lauren's graduation picture Computer downstairs Lawn mower Dumbells, steps Exercise videos Washer/Dryer Dehumidifier Freezer Big screen TV/VCR/stand Luggage, split 50150 Large storage cupboard in DR 3 small green cupboards in DR Card table and chairs Wood TV trays Can Opener Video Camera Bath/Bed linens Potato Bin Toaster Butcher Block Bedroom Furniture Blender Small TV in bedroom Bed/mattress set Large 12" skillet Rolling pin Gas grill Popcorn popper (old) Miscellaneous remaining items ?-, ,-, , c ?,? n, z C ?'" G . J _.? C_ .. ?' ;v ?, -? <» -< CHERYL L. WARNER, Plaintiff IN THE COURT OF COMMON PLEAS VS. CUMBERLAND COUNTY, PENNSYLVANIA ROBIN L. WARNER, 02-1208 CIVIL DIVISION Defendant NO. 02-1208 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) ?? (Strike out*iinappl 1licable section). 2. Date and manner of service of the complaint: March 14 2QQ2- via Certified, registered U. S. Mail_ 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 by plaintiff July 8 2002 (c) of the Divorce Code: by defendant July 3 2002 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Jf,ll R 1) nn0 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: R 1)nnn Attorney for lainti / Defendant .. 0 S ? 'l ??_.T, _ f? { 1 aT ? ? , r. c? -r =: ' c ., _. L o w :-?, y- c= ,,. ? ?? . c -? v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHERYL L. WARNER Plaintiff II No. 02-1208 Civil Term VERSUS ROBIN L. WARNER Defendant DECREE IN DIVORCE AND NOW, g" 'f 0 ZOO ZIT IS ORDERED AND DECREED THAT Cher 1 L PLAINTIFF, AND DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY THE C RT: ATTES J. PROTHONOTARY 7-773?- KERI A. HARVEY, Plaintiff V JOHN E. DELLINGER, II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA 03-1208 CIVIL ACTION - LAW IN CUSTODY IN RE: CONTEMPT/REQUEST FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 8th day of April, 2008, upon consideration of the Petition for Special Relief seeking emergency custody and/or alternative civil contempt, IT IS HEREBY ORDERED AND DIRECTED that the previous alternating weekly schedule will resume on April 13, 2008, at 5:00 p.m. The father shall remain in custody of the child until that time on condition that he, the mother, and Kevin Evanoff submit to a drug test at Cumberland County Children and Youth on or before the close of business on Friday, April 11, 2008. The child will remain in the Steelton Highspire Elementary School until the end of the school year. Father shall obtain counsel, and said counsel shall file an appearance in this matter on or before the close of business on April 11, 2008. The matter will be set down then for custody conciliation as soon as possible. By the Court, '-t ?AA 'V` M. L. Ebert, Jr., o obert Rains, Esquire Dianne Yacovone, Certified Legal Intern Family Law Clinic , For the Plaintiff CCCYS ro ?hn E. Dellinger, II ? 506 Eshelman St. ,O dPenn L gal Services Highspire, Pa. 17034 Defendant :mtf nVlNVAWNN:?d AiNcur) 9C •01 NV 6- 844 9001 JlMWOmOod la JO 30UL 0-Ci31W