Loading...
HomeMy WebLinkAbout06-1076CLEVT S. EARLEY, 1N THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2006- ~d <(o CIVIL TERM REBECCA L. EARLEY, :CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE 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 THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 ~~,~ ~~ MAX J. SMITH, J ., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (7l7) 533-3280 CLINT S. EARLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2006- /p'7(r, CIVIL TERM REBECCA L. EARLEY, :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, CLINT S. EARLEY, by his attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, CLINT S. EARLEY, is an adult individual and cifizen of the United States of America, whose address is 155 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant, REBECCA L. EARLEY, is an adult individual and citizen of the United States of America, whose address is 83 Citrus Park Lane, Boynton Beach, Florida 33436. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about August 23, 1997 in Camp Hill, Pennsylvania. 5. Plaintiff avers that there is one (1) child of the parties under the age of 18, namely: JILLIAN O. EARLEY, born Apri19, 2003. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. ;~ Dated: February 23, 2006 ~'~ MAX J. SMITH, J ., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire LD. No. 82629 James, Smith, Dietteriek & Connelly ~~e P.O. Box 650 Hershey, PA 17033 (717)533-3280 I verify that the statements made in this Complaint 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 unswom falsification to authorities. ~ V/~ ~. ;- Cf C T S. EARLEY C~ ~ ~; ~ ~ ~~ ~--- -~-- ~_.. ~. , CLINT S. EARLEY, Plaintiff v. REBECCA L. EARLEY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :IN DIVORCE :NO.2006--1076 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, Rebecca L. Eazley, in the above-captioned matter. DATED: 3 ' 3/-~ , omas A. Bec c ey, Esquire 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: Max J. Smith,Jr., Esquire James Smith Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 Jeffrey N. Yoffe, Esquire Yoffe &Yoffe 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 DATED:3 ~~~~ +~" ~ -'i r ,~ ~ .` _ -,i c.; ..JT7 CLINT S. EARLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO.2006-1076 CNIL TERM REBECCA L. EARLEY, :CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 24th day of February, 2006, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7004 2890 0001 4068 9770 at Hummelstown, Pennsylvania, addressed to: Rebecca L. Earley 83 Citrus Park Lane Boynton Beach, FL 33436-1855 Mailing and return receipt cards attached hereto. 4~ . i V ' MAX J. SMITH, JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly ~~e P.O. Box 650 Hershey, PA 17033 (717)533-3280 O ^ I ~ N s. O' - 3. e. ~ O Posfe9e ~ - ~ ~ ~ ~ ~~ ~ rl ~ CeNOetl Fee ,. I r~ J '1 lJ , ,.,. ~ ~ Retum Receipt Fee (Entlorsemem Requiretl) _r ~ Sj' S _ Postrnerk Mere O p^ ResMctetl Oelhrery Fee (ErWOrsement Requiretl) ~ ~ r, V !1J Tofal Postage a Fees $ ~ ' ~~ S ~ f o ,ryp~~ 7~ ___ _____________________________ t` 55reet Apr. Ab.: / y,,, ~ OIPoB0.C N0. ~~ 1 A "lh~~C~ Y ~ ~~ ay,smm,nara- 'cT~ ~7c.~.h,~t- . 33V?~ I~~ ^ 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 N space permits. 1. Artkle Addressed to: 111~_UAa 1`~ be c erg 1 "- O 3~y3~ -i~SS A Signs r6/~ /~y/-~7 ,//(~~ X 2 fp: / < ~( CG~I."y ^ Addressee B. eceived by (Pnn d Neme) C.. Dafe of I i~eh,-c:~ f~rYlc2.~ 7 / D. Is delivery etldress ditrereM fior(i key / ~ Yes Ii YES, enter delivery address below: ^ No 3. ice Type Certifletl Mail ^ Express Mail ^ Registered ^ Re[urn Receip[for Merchandise ^ Insured Mail ^ C.O.D. 4. Restdcted (leliverl? (Exha Fee) ~ Yee 2. ArticleNUmber 7ppy 2890 0001 4068 9770 (liarrsrer Ironr servke kbeg PS Form 3811, February 2004 Domestic Return Receipt toa®e4tz-rn-tsw ~'"~ ~, G. CUNT S. EARLEY, Plaintiff vs. REBECCA L. EARLEY, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1076 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 23, 2006. 2. The parties to this action separated on August 13, 2004 and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. i uridcrsiand iiiat I may Iuse rights cu:iceining ali~nor~y, ui v sioti :,f Property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 unsworn falsification to authorities. DATE: ~ _ ~ , 2006 CLINT S. ~ ~~ - r- ~_ .. ~a ' --'} t i ~,i~. ~.% ~~,- > r ..•.- CUNT S. EARLEY, v. :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA REBECCA L. EARLEY, Defendant :CIVIL ACTION -LAW :IN DIVORCE :NO.2006 -- 1076 COUNTER AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either or (a) or (b): a) I do not oppose the entry of a divorce decree. 2. Check either (a) or (b): I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: ~~-~.--~Ip ~~~~ ~ Rebecca L. Earley, Def dant o~~~~ri w ~s 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: Max J. Smith,Jr., Esquire James Smith Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 DATED: I~ ~~-~ iza th a le , r ,'- ~ ~ T + _ -- 4 ;.~^ ~, C'~ i f -~ L' ^, 4 t ~ ` . ~ c", ,_ ,. h _ ~ " - ~ rr ~ ' ~ m ,. ~r~~~~I CUNT S. EARLEY, Plaintiff v. REBECCA L. EARLEY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :IN DIVORCE :NO.2006 -- 1076 PETITION FOR EQUITABLE DISTRIBUTION, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND ALIMONY AND NOW comes the Defendant, Rebecca L. Earley, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Petition for Equitable Distribution, Alimony Pendente Lite, Counsel Fees, Costs and Expenses and Alimony, in which she avers that: 1. Defendant, Rebecca L. Earley, is an adult individual temporarily residing at 83 Citrus Park Lane, Boynton Beach, Florida 33436. 2. Plaintiff, Clint S. Earley, is an adult individual residing at 1555 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff filed a Divorce Complaint in this matter on or about February 23, 2006, at the above-captioned docket number. 4. 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. r 4 5. 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. 6. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 7. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself in the standard of living established during the marriage through appropriate employment. 8. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 9. Defendant is unable to sustain herself during the course of this litigation and will require alimony pendent elite in order to do so. 10. Defendant requires reasonable alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 11. Plaintiff has adequate earnings to provide for the Defendant's support and to pay her counsel fees, costs and expenses. 2 Y WHEREFORE, Defendant, Rebecca L. Earley, respectfully requests the Court to: (1) divide all marital property equitably between the parties; (2) enter an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; and (3) enter an award of alimony in her favor. DATED: 1V ~~~~(1 of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 3 r VERIFICATION I, Rebecca L. Earley, 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 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. // r_ DATED: l~~~~d~ '~ ebecca .Earley 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: Max J. Smith,Jr., Esquire James Smith Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 DATED: l ~~~~~Q iza S. Be n {'- ~ c~a {;`3 ..r..j v~+ ~ ~• ~ C~ S~ ~ a ...,~ ~,,,~, g r~ ~~ t ;c a W © ~ -~ _; i f ~._ C3 ==t {_f3 %~ .~ . ~ --C, A~ ~.t, ~~ 3 T CLINT S. EARLEY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 2006-1076 CIVIL TERM REBECCA L. EARLEY, :CIVIL ACTION -LAW Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ® Plaintiff ^ Defendant, moves the court to appoint a master with respect to the following claims: ® Divorce ®Distribution of Property ^ Annulment ^ Support ® Alimony ®Counsel Fees ® Alimony Pendente Lite ®Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of master is requested. 2. The non-moving party ®has ^ has not appeared in the action ^ personally ®by counsel, Elizabeth S. Beckley, Esquire. 3. The statutory ground(s) for divorce ®is ^ are irretrievable breakdown 4. Delete the inapplicable paragraph(s): (c} The action is contested with respect to the following claims: all of the above except divorce. 5. The action ^ involves ®does not involve complex issues of law or fact. 6. The hearing is expected to take (hours} one-half (days}. :'-* /, 7. Additional information, if any, relevant to the o f~~~ I ~~~ Date: January 3, 2007 Name: Max J. Smith, ., Esquire Attorney for ®Plaintiff ^ Defendant AND NOW 20 Esquire, is appointed master with respect to the following claims: BY THE COURT: J. rv -, <.::~ -rt -- - C .,.. am _ ~ ~ <~ ~~; ~ -; ~ ~~ . ~ ~l -,: _~"'i i~ -., =- i__; s ;,_,`' _ ~~ ~j{ ~!} ~ _~ . ~- CLINT S. EARLEY, Plaintiff v. REBECCA L. EARLEY, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :1N DIVORCE :NO. 06 -- 1076 NOTICE OF INTENTION TO RETAKE PRIOR NAME Notice is hereby given that the Defendant in the above-captioned matter, a Final Decree in Divorce having not yet been granted, hereby elects to retake and use her previous name of Rebecca L. Herendeen and gives written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. §704. ebecca L. Earl To be Known as: becca erendeen C ) )SS: COUNTY OF PQI~ ~e0.~h, Flo~~ ba On the 12t~day of N~~r~h , 2007, before me, a Notary Public, personally appeared REBECCA L. EARLEY, now known as REBECCA L. HERENDEEN, known to me or satisfactorily proven to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and seal. PA D L ~' Z z 5 32 ti (09 q,,, . Notary Pub it c ~ (SEAL) ,.t'p~a"r`v`a, N N NEIL GLAZIER .?° B`~: ofa Pub1~ - State of florkta N-YConxnis~onE~iresOnt26.2006 ~-~~~~ F`~ ~~ Commisslon # DD 366157 „~",,,, BO~BYNadonalNofa ~YAgsn. "~. -~.. :... ~, 4 ..~ c~ -: -- ~ ~ ~~ ~ ~'' ~ ~. ~~ ~~- -~ ~~ ~ ~ ~ ~ ~ ,._,_,, ~ CLINT S. EARLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2006-1076 CIVIL TERM REBECCA L. EARLEY, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 23, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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 unsworn falsification to authorities. Date: S ~ ~ , 2007 C.i CLINT S. E RLEY =~. "Fi t'i? ~ ~ ~ CIs ' ' ~ W ~' 'v ~ `~ ` -rr ~ ~ ~ ~' (. % -- 3 i 't l ~ - ~ ~ CLINT S. EARLEY, Plaintiff vs. REBECCA L. EARLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2006-1076 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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 unsworn falsification to authorities. Date: ' 1 , 2007 S r w ~, `~ c< ~ F"T r=: - -"l ~:a .:~ .. "~~ _ ~ ~ -~~ ~^ c.'' _ a' ua ~ ~~ ~ '- ~..i -< CLINT S. EARLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2006-1076 CIVIL TERM REBECCA L. EARLEY, CIVII. ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 23, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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 unsworn falsification to authorities. Date: ~~ - f to , 2007 BECCA L. EA "'Gt i~ r~ir_s,; ~, ~ -r, ~1 { ~' : cn ~ teJ c~ ~ > ~ ~: ~ ~ , ~-r, ~~= ~ ~ ~ . - . .,f CL1NT S. EARLEY, Plaintiff vs. REBECCA L. EARLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2006-1076 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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 unsworn falsification to authorities. Date: 3 -1(0 , 2007 X IRE ECCA .EARL ~ ra ~ ° ~. ~ J ~..~ . ~. " T _-~- r ~j ~- ~: ' C7 ~- 't1 • t:~! t i° : ~ . y~~3 -~G ., ., .f CLINT S. EARLEY, Plaintiff vs. REBECCA L. EARLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 06 - 1076 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this Q~~ da of y `~ ~~~ , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated March 19, 2007, 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, ~~ a~ Edgar B. Bayley, P.J. cc: ~x J. Smith, Jr. Attorney for Plaintiff lizabeth S. Beckley Attorney for Defendant J' 1 ~~~ o~/ ~- ~ _M am -: ; _ < ,y _, cz.. ~ ~_~ c") ., ~ f _ ~~ CV y J r__.. ~ r ] ~ ~ ~l t ! t" ~ ~' ~ u MARITAL SETTLEMENT AGREEMENT THI5 AGREEMENT, made this ~~ day of _.110AtA,-~C h , 2007, by and between REBECCA L. EARLEY (hereinafter called "Wife") and CLINT S. EARLEY (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on August 23, 1997; and WHEREAS, There has been one (1) child born of this marriage, to wit: JILLIAN O. EARLEY, born Apri19, 2003; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and sepazate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred~by him. Any and all loans, and/or debts and chazge accounts, presently in Husband's name alone shall be Husband's sole and sepazate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. JOINT DEBTS. A. The sum of $10,000.00 which had been held in escrow by The Homestead Group on behalf of the parties has been applied to payment of the jointly incurred Discover Card account. To the extent such amount was insufficient to pay-off the Discover Card account, Wife shall bear sole responsibility for payment of any balance which is due, as such balance consists solely of charges incurred by Wife along post-separation. B. The parties acknowledge liability for payment of a loan to Wife's aunt, Peggy A. Spier, in the approximate sum of $40,000, for which each spouse shall bear equal responsibility. 2 Husband shall pay his one-half share of said debt, $20,000, by tendering payments of not less than $100.00 per month directly to Ms. Spier until Husband's alimony obligation to Wife has terminated, pursuant to paragraph 11 herein. Thereafter, Husband shall increase payments to Ms. Spier to the sum of $200.00 per month which shall continue until Husband's share of the obligation is paid in full. Wife shall arrange directly with Ms. Spier the specific terms of repayment of her $20,000 share of said debt, at such time as she obtains full-time employment. The parties agree to indemnify and hold harmless each other from any loss each may sustain, including attorney fees, as a result of any default in payment of his/her one-half share of said loan obligation to Ms. Spier. 6. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 7. DIVISION OF PERSONAL PROPERTY. ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 2003 Honda Element currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all 3 encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the vehicle currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 8. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other, except as set forth below. Specifically included herein are all benefits to which Husband is entitled through his employment with Remco, Inc. and all benefits to which Wife is entitled through her former employment with Computer Learning Network, which 401(k) account Wife has received in the approximate sum of $4,000. In order to effectuate the equitable distribution of marital assets, Husband shall transfer to Wife $15,500.00 from his 401(k) account, said amount to include gains or losses due to investment experience from the date of this Agreement to the date of distribution. Said amount shall be transferred pursuant to a Qualified Domestic Relations Order (QDRO), to be prepared by counsel for Husband, subject to approval by the retirement plan administrator for Husband's employer as soon as practicable after the issuance of the decree in divorce. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 4 9. CUSTODY. The parties rights and obligations respecting custody of their minor child shall be governed by the Orders dated December 27, 2004 and April 18, 2006, respectively. The April 18, 2006 Order incorporates a Custody Stipulation dated March 31, 2006, entered to No. 2004-4441, Court of Common Pleas of Cumberland County, Pennsylvania. 10. CHILD SUPPORT. Husband shall pay child support directly to Wife in the sum of $500.00 per month, effective the date of the parties' final decree in divorce. The parties shall take whatever steps are required to have such amount entered through the Domestic Relations Office of Cumberland County, PACSES No. 547106882. The parties herein acknowledge that support is modifiable pursuant to the Pennsylvania Family Support Guidelines. 11. ALIMONY. Husband shall pay to Wife the sum of $300.00 per month as alimony, commencing the first month following the date of a final decree in divorce and continuing each month thereafter through June 30, 2007, or until Wife obtains employment earning $28,000 per year gross, whichever occurs first, at which time alimony shall end. Husband's obligation for alimony shall terminate in the event of Wife's death, remarriage, or cohabitation. Alimony shall otherwise not be subject to modification by either P~Y• For income tax purposes, alimony specifically shall be a deductible expense for Husband and includable as income for Wife. The parties acknowledge that the alimony provision set forth herein may be payable and enforced through the Domestic Relations Office of Cumberland County or any other court having appropriate jurisdiction upon request of either party. 12. CHILD AS INCOME TAX EXEMPTION. Husband shall be permitted to claim Jillian as a dependent for income tax purposes in 2006 and 2007. Commencing 2008, and continuing each year thereafter for as long as Wife has primary custody of Jillian, Wife shall be permitted to claim Jillian as a dependant for income tax purposes. Should primary custody of Jillian be with Husband, he shall be permitted to claim Jillian as a dependent in any such years. 5 13. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and any subsequent divorce action between the parties. 14. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 15. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the divorce Complaint in any subsequent divorce proceeding. 16. BREACH. If either party breaches any provisions of this Agreement, the other parry shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 17. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max J. Smith, Jr., Esquire, attorney for Husband, and Elizabeth S. Beckley, Esquire, attorney for Husband, and each party acknowledges 6 that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 19. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each parry hereby waives and relinquishes any and all rights he or she may now 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, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the 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 interest, rights and claims. 20. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 7 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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 or any subsequent default of the same or similar nature. 23. DESCRII'TIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which maybe available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. 8 IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day REBE C .EA EY ~--- CUNT S. EARLEY and year first above written. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this tR~ day of ~~"~ , 2007, by and between REBECCA L. EARLEY (hereinafter called "Wife") and CLINT S. EARLEY (hereinafter called "Husband") WITNE5SETH: WHEREAS, Husband and Wife were married on August 23, 1997; and WHEREAS, There has been one (1) child born of this marriage, to wit: JILLIAN O. EARLEY, born Apri19, 2003; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. JOINT DEBTS. A. The sum of $10,000.00 which had been held in escrow by The Homestead Group on behalf of the parties has been applied to payment of the jointly incurred Discover Card account. To the extent such amount was insufficient to pay-off the Discover Card account, Wife shall bear sole responsibility for payment of any balance which is due, as such balance consists solely of charges incurred by Wife along post-separation. B. The parties acknowledge liability for payment of a loan to Wife's aunt, Peggy A. Spier, in the approximate sum of $40,000, for which each spouse shall bear equal responsibility. 2 Husband shall pay his one-half share of said debt, $20,000, by tendering payments of not less than $100.00 per month directly to Ms. Spier until Husband's alimony obligation to Wife has terminated, pursuant to paragraph 11 herein. Thereafter, Husband shall increase payments to Ms. Spier to the sum of $200.00 per month which shall continue until Husband's share of the obligation is paid in full. Wife shall arrange directly with Ms. Spier the specific terms of repayment of her $20,000 share of said debt, at such time as she obtains full-time employment. The parties agree to indemnify and hold harmless each other from any loss each may sustain, including attorney fees, as a result of any default in payment of his/her one-half share of said loan obligation to Ms. Spier. 6. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. Husband and Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 7. DIVISION OF PERSONAL PROPERTY, ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. The parties expressly agree that Wife shall be entitled to exclusive ownership of the 2003 Honda Element currently in her possession, and that Husband shall relinquish any and all interest he may have in same. Wife agrees to be solely responsible for payment of any and all 3 encumbrances, and all other expenses affecting such vehicle. Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. Husband shall be entitled to exclusive ownership of the vehicle currently in his possession, and that Wife shall relinquish any and all interest she may have in same. Husband agrees to be solely responsible for payment of any and all encumbrances, and all other expenses affecting such vehicle. Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. The parties further agree to execute any vehicle titles, Powers of Attorney or other documents necessary to give this Paragraph full force and effect, upon request. 8. PENSIONS AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment. It is hereby specifically agreed that Husband and Wife each shall forever relinquish to the other his or her right, title and interest in said pension plans and/or retirement plans and/or employee stock or savings plans, as well as all other employment benefits, of the other, except as set forth below. Specifically included herein are all benefits to which Husband is entitled through his employment with Remco, Inc. and all benefits to which Wife is entitled through her former employment with Computer Learning Network, which 401(k) account Wife has received in the approximate sum of $4,000. In order to effectuate the equitable distribution of marital assets, Husband shall transfer to Wife $15,500.00 from his 401(k) account, said amount to include gains or losses due to investment experience from the date of this Agreement to the date of distribution. Said amount shall be transferred pursuant to a Qualified Domestic Relations Order (QDRO), to be prepared by counsel for Husband, subject to approval by the retirement plan administrator for Husband's employer as soon as practicable after the issuance of the decree in divorce. The parties agree to execute any and all documentation necessary to effectuate the terms herein contained. 4 9. CUSTODY. The parties rights and obligations respecting custody of their minor child shall be governed by the Orders dated December 27, 2004 and April 18, 2006, respectively. The April 18, 2006 Order incorporates a Custody Stipulation dated March 31, 2006, entered to No. 2004-4441, Court of Common Pleas of Cumberland County, Pennsylvania. 10. CHILD SUPPORT. Husband shall pay child support directly to Wife in the sum of $500.00 per month, effective the date of the parties' final decree in divorce. The parties shall take whatever steps are required to have such amount entered through the Domestic Relations Office of Cumberland County, PACSES No. 547106882. The parties herein acknowledge that support is modifiable pursuant to the Pennsylvania Family Support Guidelines. 11. ALIMONY. Husband shall pay to Wife the sum of $300.00 per month as alimony, commencing the first month following the date of a final decree in divorce and continuing each month thereafter through June 30, 2007, or until Wife obtains employment earning $28,000 per year gross, whichever occurs first, at which time alimony shall end. Husband's obligation for alimony shall terminate in the event of Wife's death, remarriage, or cohabitation. Alimony shall otherwise not be subject to modification by either p~Y• For income tax purposes, alimony specifically shall be a deductible expense for Husband and includable as income for Wife. The parties acknowledge that the alimony provision set forth herein may be payable and enforced through the Domestic Relations Office of Cumberland County or any other court having appropriate jurisdiction upon request of either party. 12. CHILD AS INCOME TAX EXEMPTION. Husband shall be permitted to claim Jillian as a dependent for income tax purposes in 2006 and 2007. Commencing 2008, and continuing each year thereafter for as long as Wife has primary custody of Jillian, Wife shall be permitted to claim Jillian as a dependant for income tax purposes. Should primary custody of Jillian be with Husband, he shall be permitted to claim Jillian as a dependent in any such years. 5 13. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and any subsequent divorce action between the parties. 14. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them. 15. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code at the expiration of ninety (90) days from the date of service of the divorce Complaint in any subsequent divorce proceeding. 16. BREACH. If either parry breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 17. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. The provisions of this Agreement and their legal effect have been fully explained to the parties by Max J. Smith, Jr., Esquire, attorney for Husband, and Elizabeth 5. Beckley, Esquire, attorney for Husband, and each party acknowledges 6 that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 19. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now 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, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the 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 interest, rights and claims. 20. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 7 ~. .L 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as 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 or any subsequent default of the same or similar nature. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. .- _ ,~ . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day BEC A L. EA EY .' CLINT S. EARLEY and near first above written. C:~ c-`~s1 ~~ ~` ~ ~~~ ~~ ti~~ _~ ;i": ' ~~ =~ -r1 ~~~ l~i~t _ ~~ CUNT S. EARLEY, Plaintiff vs. REBECCA L. EARLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2006-1076 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on February 28, 2006. 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 March 19, 2007 ; by Defendant March 16, 2007 (b)(1) Date of execution of the Plaintiff s affidavit required by Section 3301 (d) of the Divorce Code: Defendant: (2) date of service of the Plaintiff s affidavit upon the 4. Related claims pending: None r h``, , Attorney for (X) Plaint ( )Defendant r-~ ~ ' ~ --c-t t .-.., ~ ; a ~~~ , te Q t. [,'t i. ~,_ ..~~ _~ ` S~ 1 C +^~ ~ ~ .,,_ I N THE COURT OF GOM MON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. =~~ -~;~ GLINT S. EARLEY. Plaintiff N O. 2006-1076 VERSUS REBECCA L. EARLEY Defendant DECREE IN DIVORCE AND NOW, Mn~~` ~O 2007 IT IS ORDERED AND DECREED THAT GLINT S. EARLEY ,PLAINTIFF, AND REBECCA L. EARLEY ,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; Marital Settlement Agreement dated 19 March 2007, is hereby incorporated into the Final Divorce Decree. A BY THE COURT: Y~ t_r''r 1t .~ ~'~° ~Q. ~ i -~ ~ ~~ ~ ~~ ~~~~' ~ d ~~~ ~ ;.;. ~. .. ~ , CLINT S. EARLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2006-1076 CIVIL TERM REBECCA L. EARLEY, :CIVIL ACTION -LAW Defendant IN DIVORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW COMES the Plaintiff, CLINT S. EARLEY, by his attorney, MAX J. SMITH, JR., ESQUIRE, and the Defendant, REBECCA L. EARLEY, by her attorney, ELIZABETH S. BECKLEY, ESQUIRE, and respectfully state as follows: 1. The parties hereto were divorced via decree issued by this Honorable Court on April 10, 2007. 2. A Marital Settlement Agreement of the parties was executed on March 19, 2007. 3. Numbered paragraph eight (8) of said Marital Settlement Agreement requires Plaintiff to transfer to Defendant the sum of $15,500.00 from his 401(k) account through his employment with Remco, Inc., which transfer shall be effected through a Qualified Domestic Relations Order (QDRO). Said amount shall include gains or losses due to investment experience from March 19, 2007 to the date of distribution. 4. The attached QDRO has been prepared in order to accomplish the transfer of monies required by paragraph eight (8) of the Marital Settlement Agreement and the QDRO has been approved by the authorized representative of Remco, Inc. 5. The parties desire that the QDRO be entered so that it may be forwarded to Remco, Inc. for the purpose of accomplishing the required transfer of monies from Plaintiff's retirement account to Defendant. WHEREFORE, the parties hereto, intending to be legally bound hereby, jointly request that the attached Qualified Domestic Relations Order (QDRO) be issued by the Court. ~~ ( ~ ~: MAX J. SMITH, J ., ESQUIRE Attorney for Clint S. Earley S~- (/ Y v_~ ' CLINT S. EARLEY, Plaintiff ~.. G REBECCA L. EARLE efendant APR 16 2007p~ CUNT S. EARLEY, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. N0.2006-1076 CIVIL TERM REBECCA L. EARLEY, :CIVIL ACTION -LAW Defendant IN DIVORCE 4UALIFIED DOMESTIC RELATIONS ORDER This matter having come before the court, as a Decree in Divorce was granted on April 10, 2007, which included a Marital Settlement Agreement containing certain provisions dealing with the Remco, Inc. Employees' 401(k) Plan of Clint S. Earley (the "Plan"). The court now orders the following as required to carry forth such provisions; the following retirement plan dispositions are made in accordance with 29 U.S.C. Section 105 ERISA Section 206(d) and IRS Code Section 414(p) governing the division of retirement benefit marital property, and the following facts. PARTIES TO THIS ORDER 1. Plan Participant and current address: Clint S. Earley, 155 Willow Mill Park Road, Mechanicsburg, PA 17050-1760 2. Participant's Date of Birth: May 24, 1973. 3. Participant's Social Security Number: 200-50-5202. 4. Alternate Payee's Name and Address: Rebecca L. Earley, 83 Citrus Park Lane, Boynton Beach, Florida 33436-1855. 5 5. Alternate Payee's Date of Birth: October 20, 1971. ,.. ' :. 6. Alternate Payee's Social. Security Number: 163-87-8661. 7. This Order applies to benefits under the Remco, Inc. Employees' 401(k) Plan, 195 Hempt Road, Mechanicsburg, PA 17050. RETIREMENT BENEFITS Remco, Inc. is directed to transfer from the-Plan Participant's Remco, Inc. Employees' 401(k) Plan the sum of $15,500.00, to the Alternate Payee, as soon as practical after the execution of this document. Said amount shall include gains or losses due to investment experience to the date of distribution. This Order does not require the Plan to provide any payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. Nothing contained in this Order shall in any way require the plan to provide any form, type, or amount of benefit not otherwise available by law. It will be the responsibility of each party to keep the Plan Administrator apprised of their current address. Each party to this Order will be responsible for the tax liabilities incurred incident to their receipt of the pension plan awarded to them. It is further ordered that a true copy of this Order be served upon the agent for legal service for Remco, Inc. and shall take effect immediately and shall remain in effect until further . ~ ~ • Order of the court. Until this Order is accepted by the plan administrators this court shall retain ~th jurisdiction to modify the same. Dated at Carlisle, Pennsylvania, this ~ ~ day of Q o r`.~ , 2007. BY THE COURT: ~,~. _. . ... J1 ~, r tt 44 66 {~ -77 T` ~ i ~~ p'wf ~ i ~?~~~~1 LJ~L {- _. .3:~`I:~3