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HomeMy WebLinkAbout06-1779 MARIA A. STRICKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE STEVEN K. STRICKLER, ?y Defendant NO. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 A MARIA A. STRICKLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE STEVEN K. STRICKLER, 779 ??? T Defendant NO. COMPLAINT AND NOW comes the Plaintiff, Maria A. Strickler, who, by and through her attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Coun- sel, files this Complaint, in which she avers that: 1. Plaintiff, Maria A. Strickler, is an adult individual residing at 833 Flintlock Ridge Road, Mechanicsburg, PA 17055. 2. Defendant, Steven K. Strickler, is an adult individual residing at 833 Flintlock Ridge Road, Mechanicsburg, PA 17055. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on June 8, 1974. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorpo- rated herein by reference as though set forth in full. 4. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Maria A. Strickler, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 2- 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage, which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff, Maria A. Strickler, respectfully requests the Court to divide all marital property equitable between the parties. COUNT III REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. - 3 - 16. Plaintiff lacks sufficient property to provide for her reasonable means and is un- able to support herself in the lifestyle established during the marriage. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, pursuant to 23 Pa.C.S.A. §3701, Plaintiff, Maria A. Strickler, respect- fully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 18. The averments contained in Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorneys fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, pursuant to 23 Pa.C.S.A. §3702, Plaintiff, Maria A. Strickler, respect- fully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs -4- and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. DATED: --? Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108-1998 (717) 233-7691 Respectful ty-44mitted, Thomas A. Beckley -5- Attorneys for Plaintiff VERIFICATION I, Maria A. Strickler, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: 3 -,t?91--(?, ' /'?, Mari A. Strickler ?y'> ?. 7?. _, ?? ? - < ?-; ?; w' _-' -, ? `' a,, c `t,, _' ? ? ? ? - ;?, ?? ?.; :< c MARIA A. STRICKLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW IN DIVORCE STEVEN K. STRICKLER, Defendant : NO. 06-1779 CIVIL AFFIDAVIT OF SERVICE I, Elizabeth S. Beckley, being duly sworn according to law, do depose and say: 1. I am an adult individual over eighteen years of age. 2. I served the Divorce Complaint of Maria A. Strickler upon Steven K. Strickler, at 833 Flintlock Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania 17055, on or about April 3, 2006, by certified mail, parcel number 7001 2510 0002 2637 2411, return receipt requested. Attached hereto is the return receipt (green card) signed Sworn and subscribed to before me this 5`11` dayof ??2006. Notary Public (SEAL) F NOTARIAL SEAL GERALDINE J. SCRBACIC, Notary Public City of Harrisburg, Dauphin County My Commission Expires Nov. 20, 2006 r ? ¦ 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 mallpiece, or on the front if space permits. 1. Article Addressed to: r A ce ved by ( ip N 1 C. Date of Delivery ?c AM-3? D. Is delivery address different from IVm 17 ? Yes If YES, enter d©eQdress 6e6 ? No Ae. t'aj M?Certlfled Mail ? Express Mail ? Registered ? Return Receipt for Merchandise 2. Article Number ffimnsferhomservicekbel) Ps Form 3811, February 2004 Domestic Retain Receipt 102595.WM-1540 ' .?, . ' ::-, ;{ :? , 1 ?l ?.? ?1 ? r .?. U ? "' MARIA A. STRICKLER, Plaintiff V. STEVEN K. STRICKLER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE :NO. 06 1779 4FIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 27, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of th decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: ?IqlCq-- M&ia A. Strickler 1 MARIA A. STRICKLER, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW IN DIVORCE STEVEN K. STRICKLER, Defendant :NO. 06 1779 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the, entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: algf o?- Mari A. Strickler ° d C ?Et D MARIA A. STRICKLER, Plaintiff V. STEVEN K. STRICKLER, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW : IN DIVORCE :NO. 06 1779 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 27, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the dale of filing and service of the Complaint. i 3. I consent to thel entry of a final decree of divorce after service of notice of intention to request entry of thO decree. ?I I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. r ! _ Dated: 02lqGGG" ?7- ( teven K. c ler I MARIA A. STRICKLER, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW : IN DIVORCE STEVEN K. STRICKLER, Defendant :NO.061779 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 unsworn falsification to authorities. Dated: teven K. St r LL PROPERTY SETTLEMENT AGREEMENT This is a Property Settlement Agreement entered into this leday of , 2006, by and between STEVEN K. STRICKLER, of Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and MARIA A. STRICKLER, of Dauphin County, Pennsylvania (hereinafter referred to as "Wife") WITNESSETH: WHEREAS, Husband and Wife were lawfully married on June 8, 1974, and; WHEREAS, two children have been conceived of this marriage: Scott A. Strickler whose date of birth is April 11, 1981 and Mark A. Strickler whose date of birth is December 17, 1982; and WHEREAS, unhappy differences have arisen between Husband and Wife in consequence of which they are now living separate and apart from each other; and WHEREAS, Husband and Wife are now in the process of obtaining a divorce, and, consequently, they desire to settle and determine finally and for all time both their respective financial and property rights, including any and all claims which either of them may have against the other. NOW THEREFORE, in consideration of this Property Settlement Agreement, and of the mutual promises, covenants and undertakings set forth herein, and incorporating the above "WHEREAS" clauses herein by reference, the parties hereto, each intending to be legally bound, hereby 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 1 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. Neither party shall molest the other or attempt or endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the other's peaceful existence, separate and apart from the other. 3. WIFE'S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible, and that she shall indemnify and save harmless Husband from any and all claims or demands incurred by her. 4. HUSBAND'S DEBTS: Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and that he 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. 5. OUTSTANDING JOINT DEBTS: All debts, obligations or liabilities incurred at any time in the past by either of the parties will be paid promptly by the party which incurred such debt, obligation or liability, unless except as otherwise specifically set forth in this Agreement. Each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or 2 his or her estate indemnified and saved harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever appertaining to such actions, claims and demands. Neither party shall, after the date of this Agreement, contract or incur any debt or liability for which the other or his or her property might be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against her or him by reason of debts or obligations incurred by her or him, and from all costs, legal costs and counsel fees incurred in connection therewith unless provided to the contrary herein. The parties' son, Mark A. Strickler, took a student loan with SallieMae in December, 2004, in the amount of $23,712.00. The parties agreed that Wife would co- sign for this loan when the loan was taken. The parties hereby agree to be jointly and severally liable for payment of this student loan should their son default on the same. 6. BANK AND INVESTMENT ACCOUNTS: Husband and Wife are owners of individual savings and checking and investment accounts at various financial institutions. Husband hereby releases all claims in and to all accounts in the name of Wife, and Wife hereby releases all claims in and to all accounts in the name of Husband, and each party shall retain as his or her separate property each account currently titled to that p arty. H usband and W ife a gree t o s ign, u pon r equest a nd after a xecution o f t his Agreement, any titles or any other documents reasonably necessary to give effect to this Section. 7. RETIREMENT ACCOUNTS: Husband has several retirement accounts to include the following: a retirement account with his employer, Excel, an annuity with 3 AXA, and an IRA. Husband and Wife agree that Husband will maintain the annuity with AXA and his IRA as his sole and separate property. The parties further agree that Wife will receive the sum of $ 57,011.65 from Husband's Excel retirement. This transfer to Wife will be done by a Qualified Domestic Relations Order prepared and submitted to the Court for approval by Husband's counsel. The remainder of the Excel retirement account shall be Husband's sole and separate property. 8. HUSBAND'S RELEASE: Husband does hereby release, remise, quitclaim, and forever discharge Wife and the Estate of Wife from any and all claims that he now has or may hereafter have against Wife, or in, to, or against her Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Wife, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Wife's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Husband under this Postnuptial Agreement. 9. WIFE'S RELEASE: Wife does hereby release, remise, quitclaim, and forever discharge Husband and the Estate of Husband from any and all claims that she now has or may hereafter have against Husband, or in, to, or against his Estate or any part thereof, whether arising out of any former contracts, agreements, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, spouse's right or under any intestate laws or the right to take against Husband's Will, or for equitable distribution, support, alimony, alimony pendente lite, or maintenance of any other nature whatsoever, excepting only those rights accruing to Wife under this Postnuptial Agreement. 4 10. MUTUAL INDEMNIFICATION: Each party represents that no debts, liabilities, or obligations have been incurred for which the other party or the Estate of the other party may be responsible or liable, except those specifically identified in this Agreement. Each party hereto shall hereafter keep the other and his or her heirs and personal representatives indemnified and saved harmless against and from all debts and liabilities contracted for or incurred by or on behalf of the indemnifying party, and against and from all actions, proceedings, claims, demands, costs, attorneys' fees and expenses incurred in respect to any such debts or liabilities, excepting, however, obligations of the parties hereto to each other under this Agreement. 11. DIVISION OF REAL PROPERTY: Husband and Wife own jointly the marital residence, situated at 833 Flintlock Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania. Husband and Wife agree that the marital residence is currently under contract and will be sold. At the time of sale the mortgage and the home equity loan will be satisfied. The net proceeds will be divided between the parties as follows: Wife will receive the first $144,000.00 and Husband will receive $20,000.00. Anything above $164,000.00 in proceeds will be divided 57% to Wife and 43% to Husband. In addition, Husband and Wife agree that Husband owes Wife the sum of $1025.00 for back bills when the parties were living together and dividing their bills evenly. Husband also agrees to have this additional amount paid to Wife out of his share of the proceeds at the time of settlement on the marital residence. Husband also owns real property in York County with his father and his brother. Wife hereby releases any claim she may have to Husband's interest in this real property. 12. BURIAL PLOTS: Husband and Wife are currently the owners of two burial plots located at Memorial Gardens in Lewisberry, Pennsylvania. Husband and 5 Wife agree t hat t hese p lots w ill b e s old a nd t he p roceeds o f t he s ame will b e d ivided evenly between them. 13. DIVISION OF PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, their personal property and the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any items of personal property which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. 14. AUTOMOBILESIVEHICLES: Husband and Wife agree that Wife shall be the sole and separate owner of the 1997 Pontiac and Husband shall become the sole and separate owner of the parties' trailer and the 2001 Ford Explorer. Husband and Wife agree to assume all responsibility for any outstanding debt balance on his or her respective vehicle, indemnifying and holding the other harmless from any financial responsibility arising from nonpayment thereon. Husband and Wife agree to execute any and all instruments and documents necessary in order to effectuate the transfer of title to said automobiles/vehicles. 15. COUNSEL FEES: Husband and Wife agree to be solely responsible for their own counsel's fees. 16. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to sue for specific performance, and to seek such other remedies or relief as may be 6 available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 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 that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION: Wife has employed and had the benefit of counsel from Elizabeth S. Beckley, Esquire, as her attorney. Husband has employed and had the benefit of counsel from Dawn S. Sunday, Esquire as his attorney. Each party acknowledges that he or she fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and/or with such knowledge as each party desires, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Also, each party hereto acknowledges that under the Pennsylvania Divorce Reform Act, the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being advised of his or her rights thereunder, each party hereto still desires to execute this A greement, a cknowledging t hat t he t erms a nd c onditions s et forth h erein a re f air, just, and equitable to each of the parties, and each party waives their respective right to have the Court of Common Pleas or any Court of competent jurisdiction make any 7 determination or order affecting the respective parties' right to a alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 19. DIVORCE: The parties agree that this divorce will not be finalized prior to January 1, 2007, so that Wife is able to maintain her health insurance through Husband's employer. Husband agrees to continue to carry Wife at his expense until December 31, 2006 and thereafter Husband may remove Wife from his health insurance coverage and Wife shall be responsible to obtain health insurance coverage at her own cost. The parties further agree that they will file joint tax returns for 2006 and shall share equally in any refund. For 2006, the parties shall equally be responsible for any tax payments due, except to the extent of any payment required due to the sale of Husband's nonmarital interest in the Dillsburg property, which shall be the sole obligation of Husband. 20. 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. This Agreement shall be binding upon the parties hereto, and there respective heirs, executors, administrators and assigns. 21. 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 by both parties 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 of any subsequent default of the same or similar nature. 22. SEVERABILITY: If any provision of this Agreement is held by a court 8 of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 23. DATE OF EXECUTION/EFFECTIVE DATE: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they did so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 24. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals Dawn S. Sunday, Esquire 9 e Mari. A. Strickler the day and year first above-written. ?? na 4? c? ?; `_; ?_ ? . } _r_ ; = :. ,J 3"`.3 = f ?_} ? .? / .a MARIA A. STRICKLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE STEVEN K. STRICKLER, Defendant : NO. 06--1779 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for the entry of a Decree of Divorce. 1. Ground for divorce: irretrievable breakdown of the marriage under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: the complaint was served on Steven K. Strickler, on April 3, 2006, by certified mail. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff on February 9, 2007; by defendant on February 9, 2007. 4. Related claims pending: None. 5. (a) Date plaintiff's Waiver of Notice February 9, 2007, and it was filed February 12, 2007. (b) Date defendant's Waiver of Notice February 9, 2007, and it was filed on February 12, 2007. DATED:3-'?' T of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, 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: Dawn S. Sunday, Esquire 39 West Main Street Suite 1 Mechanicsburg, PA 17055-6230 DATED: ?7 v ?. t'? cm ? ; -?, _ ? ? ?.: s? z ? --- , ?,. ' c..? ..e?? ? t J `? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MARIA A. STRICTER, Plaintiff No. 1779 2006 VERSUS STEVEN K. STRICKLER, Defendant DECREE IN DIVORCE AND NOW, -,L-- A .26 , Zea 7 IT IS ORDERED AND DECREED THAT MARIA A. STRIC KLER , PLAINTIFF, AND STEVEN K. STRICKLER 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. The Property Settlement Agrement between the parties shall be incorporated into the final decree for purposes of enforcement, but shall not merge with the final_Decree in Divorce. BY THE COURT: ATTES PROTHONOTARY 411- MARIA A. STRICKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN DIVORCE STEVEN K. STRICKLER, Defendant NO. 2006-1779 MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Steven K. Strickler, by and through his attorney, Dawn S. Sunday, Esquire, and moves, your Honorable Court to enter an Order upon Stipulation for the entry of a Qualified Domestic Relations Order entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A". A Divorce Decree was entered in this matter by the Honorable Kevin A. Hess on March 26, 2007, incorporating the Marital Settlement Agreement signed by the parties on November 13, 2006. The undersigned represents that Plaintiff's counsel concurs with this Motion. Respectfully submitted, Date: QC e&e"r cu goo? By: Dawn S. Sunday Attorney I.D. No. 41954 39 W. Main Street Mechanicsburg, PA 17055 (717) 766-9622 Attorney for Defendant MARIA A. STRICKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN DIVORCE STEVEN K. STRICKLER, Defendant NO. 2006-1779 CERTIFICATE OF SERVICE AND NOW, this aq day of WoLtr 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Elizabeth S. Beckley, Esquire 212 North 3rd Street P.O. Box 11998 Harrisburg, PA 17108-1998 By: Dawn S. Sunday Attorney I.D. No. 41954 39 W. Main Street Mechanicsburg, PA 17055 (717) 766-9622 Attorney for Defendant ?' ?' ? i C" ,.? , ic {y ?,.??? ,.._. . ? = ? Tk t a.f ! 'C.31 7 '-? ? C.1? r ? ?? ?? ?.? ?? i . ?, ?_ r l .r 12 92W MARIA A. STRICKLER : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : IN DIVORCE STEVEN K. STRICKLER Defendant NO. 06-1779 QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("BRISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations Order; and WHEREAS, the parties have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean Steven K. Strickler, whose current address is 4485 Panza Drive, Mechanicsburg, PA 17050. (b) "Alternate Payee" shall mean Maria A. Strickler, whose current address is 35 Audubon Park, Dillsburg, PA 17019. (c) "Plan" shall mean Exel Retirement Savings Plan. 2. The Order relates to marital property rights. A 3. The date of marriage was 06/08/1974. 4. The date of divorce is 03/26/2007. 5. The Alternate Payee is the former spouse of the Participant. 6. With respect to marital property, alimony and spousal awards, the Participant and the Alternate Payee were married for federal income tax purposes. 7. The "Valuation Date" shall be 11/13/2006. 8. The Alternate Payee's interest in the Plan shall be $57,011.65 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Participant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 10. In the event there is an outstanding loan balance as of the Valuation Date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 11. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 12. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum distribution, as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures ,?-- ,p. t.rrr, C' i { 104 i!1 Fr1Jla:?. z 1 :+t 1-4d 0%cj' 130 LODI A811" C?' ; i1j:: 9'sU that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the lump sum amount specified in paragraph 8 of this Order. 13. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 14. The parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company, LLC, forthwith. This Order shall remain in effect until further Order of this Court. 15. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator to provide to the Alternate Payee any type or form of benefit or option not otherwise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO before this Order is determined to be a QDRO. 16. Neither party shall accept any benefits from the Plan which are the property of the other party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 17. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining, modifying and enforcing this Domestic Relations Order. 18. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant will be treated as the distributee of any distributions or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal and/or state income taxes on such distribution. If the Alternate Payee is a child or other dependent of the Participant, the Participant will be responsible for any federal and/or state income taxes on any such distribution. Al 19. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. I hereby acknowledge that I have reviewed the terms and provisions of the within Order, that I consent to the terms and provisions thereof, and agree that the terms and provisions herein shall be entered as an Order of Court. CONSENTED TO: Vf'r G? Alt mate Payee e or ee Participant ' Attorney for Participant BY THE COURT: / MARIA A. STRICKLER, Plaintiff VS. STEVEN K. STRICKLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2006-1779 MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Steven K. Strickler, by and through his attorney, Dawn S. Sunday, Esquire, and moves, your Honorable Court to enter an Order upon Stipulation for the entry of a Qualified Domestic Relations Order entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A". A Divorce Decree was entered in this matter by the Honorable Kevin A. Hess on March 26, 2007, incorporating the Marital Settlement Agreement signed by the parties on November 13, 2006. A Qualified Domestic Relations Order was previously entered by Judge Hess on October 30, 2007. The attached Qualified Domestic Relations Order contains minor revisions required by the Fidelity Plan Administrator, including a change to the plan name after initial submission. Fidelity does not permit pre-review or pre-approval of proposed Orders. The undersigned represents that Plaintiff s counsel concurs with this Motion. Respectfully submitted, Date: ?LAI ate,, y By: Dawn S. Sunday Attorney I.D. No. 41954 39 W. Main Street Mechanicsburg, PA 17055 (717) 766-9622 Attorney for Defendant MARIA A. STRICKLER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE STEVEN K. STRICKLER, Defendant NO. 2006-1779 CERTIFICATE OF SERVICE AND NOW, this aq day of 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoin for Entry of Order upon Stipulation upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Elizabeth S. Beckley, Esquire 212 North 3`d Street P.O. Box 11998 Harrisburg, PA 17108-1998 By: Dawn S. Sunday Attorney I.D. No. 41954 39 W. Main Street Mechanicsburg, PA 17055 (717) 766-9622 Attorney for Defendant G"^ 1..-31 i C-r, JAN 2 9 2008 MARIA A. STRICKLER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN DIVORCE STEVEN K. STRICKLER Defendant NO. 06-1779 QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("BRISA") and Section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified Domestic Relations Order; and WHEREAS, the parties have stipulated that the Court enter this Order; NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: As used in this Order, the following terms shall apply: (a) "Participant" shall mean Steven K. Strickler, whose current address is 4485 Panza Drive, Mechanicsburg, PA 17050. (b) "Alternate Payee" shall mean Maria A. Strickler, whose current address is 35 Audubon Park, Dillsburg, PA 17019. (c) "Plan" shall mean The Supply Chain Retirement Savings Plan. 2. The Order relates to marital property rights. ?exg „A YN"dMASMOd 93:C wd aC Nvr mi AWIUNO 33 n L + . 3. The date of marriage was 06/08/1974. 4. The date of divorce is 03/26/2007. 5. The Alternate Payee is the former spouse of the Participant. 6. With respect to marital property, alimony and spousal awards, the Participant and the Alternate Payee were married for federal income tax purposes. 7. The "Valuation Date" shall be 11/13/2006. 8. The Alternate Payee's interest in the Plan shall be $57,011.65 of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and losses) from the Valuation Date to the date that the award is segregated from the Participant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be entitled to all earnings attributable to the investments therein. 10. In the event there is an outstanding loan balance as of the Valuation Date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 11. The Alternate Payee's award will be paid proportionately from all investment options as of the date of account segregation. 12. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum distribution, as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed. 13. All beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 14. The parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company, LLC, forthwith. This Order shall remain in effect until further Order of this Court. 15. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator to provide to the Alternate Payee any type or form of benefit or option not otherwise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QDRO before this Order is determined to be a QDRO. 16. Neither party shall accept any benefits from the Plan which are the property of the other party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 17. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining, modifying and enforcing this Domestic Relations Order. 18. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant will be treated as the distributee of any distributions or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal and/or state income taxes on such distribution. If the Alternate Payee is a child or other dependent of the Participant, the Participant will be responsible for any federal and/or state income taxes on any such distribution. 19. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. I hereby acknowledge that I have reviewed the terms and provisions of the within Order, that I consent to the terms and provisions thereof, and agree that the terms and provisions herein shall be entered as an Order of Court. CONSENTED TO: It mate Payee r' Participant DATE: CII a • , 2008 go y for ay e Attorney for Participant BY THE COURT: