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HomeMy WebLinkAbout02-1449Bradley C. Ware, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02- 111q9 CIVIL TERM Tanya L. Ware, : CIVIL ACTION - LAW Defendant : IN DIVORCE 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 will proceed without you and a decree in divorce or annulment may 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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, PA 17013 (717) 249-3166 COMPLAINT IN DIVORCE 1. Plaintiff is Bradley C. Ware, Major, United States Army, an adult individual, whose current residence is HHC, 21D ADADO, Unit 15041, APO, AP 96258-5014. 2. Defendant is Tanya L. Ware, an adult individual, currently residing at 208B Marshall Road, Carlisle Barracks, Cumberland County, Pennsylvania. 3. Defendant is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on October 24, 1987 in Belmont County, Martins Ferry, Ohio. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since January 13, 2002 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE Plaintiff requests this Honorable Court to enter a Decree in Divorce. Date Respectfully Submitted TURO LAW OFFICES obert J. u derig, Esq ire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff VERIFICATION 11 I uerify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ii D a Bradie . Ware, Major, U.S. Army 6 v c; v, f V C _g, ZL: C., ? W re r rj ;:. r., Bradley C. Ware, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1449 CIVIL TERM Tanya L. Ware, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Divorce Compalint filed in the above captioned case upon Tanya L. Ware, by certified mail, return receipt requested on March 27, 2002 addressed to: Tanya L. Ware 208B Marshall Road Carlisle Barracks, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated March 28, 2002. 1 VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. TURO LAW OFFICES d 2- Date /l 0 1157 /eti Robert J. Mulderig, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff O F R C r ) U ap?y, T 00 :. ru rU Postage $ , 3q 3) a f d ?10 ni Certified Fee 0 97 /1 ! Postmark O Return Receipt Fee IEndomemert Required) 'l ^0 J Here n Pia ined E d i ee d a o 3 1?t Y -t/YYI,?? C3 ( n s m ) e or . C3 Total Postepe 8 Fees $ 4 r-q ti 3.nta ( n LU Y . Stmet. A pt. No.; ^ PO Box NO .. ..- S.C- .-1.w?....1.-/-.(.[A.? t-s:fx=!'-t! ^!..... .. C3 Ill City, Z ,f / A I salon: I Woo wish b receive 1M fdlo e- w a complete items 1 and/or 2 for additional sar4lces. ing services (for an extra W): Complete Rer1a 3, 4a, and 4b. D Pdm your name end address on the nmmme of this form so that we can return this card to you. 1. ? Addressee's Address m O Attach this forth to the from of the mailpiece, or on the beck N space does not ermit 2. Restricted Delivery M P ? Wme ' - m Receipt Requeefed-on the mailpisce below the article number. C O Tiro R Receipt will show to whom the article was delivered and the date p deliv °m 3. AN ressed to: v L 7001 War 2510 0009 2827 8660 E e, 4b Servi ce Type 8 a (k Q lylo r5 / 1 Q N d. ? Registered 0(certidled Ctrl i s (, Ib G r?'C? Ups [3 Express Mail ? Insured %Retum Receipt for Merchandise ?COD 7. Date of Delivery 28- o 5. Received By: (Print Name) 8. Addressee's Address (Only if requested and lee is paid) '? a l Daosntber 1984 fozsasfraeoard DorrhsWc Reiurn PS Forth 31111 , AGOW iM 6 I c 8 i.. C a F Cl- N O K 93 A ? ?IT \ L P n O N -c BRADLEY C. WARE, Plaintiff v TANYA WARE, Defendant IN THE COURT OF Ca CUMBERLAND COUN NO. 02 -1449 CIVI CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please enter the appearance of Hubert X. Gilroy, Esquire and Gilroy, P.C. on behalf of the Defendant, Tanya Ware. Respectfully submitted, Hu`6ert X. Gilroy if Attorney for De end ant Broujos & Gil y, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 2 MON PLEAS OF ', PENNSYLVANIA TERM firm of Broujos & C7 o 0 c ev -, ; z C_; } 7;.r ? <7 ??TS JESSE RAY COBLE, SUNFLOWER CARRIERS, a/k/a SUNFLOWER CARRIERS, INC., Plaintiffs VS. DEPARTMENT OF TRANS. OF THE COMMONWEALTH OF PENNSYLVANIA, VALLEY QUARRIES, INC., AND PROTECTION SERVICES, INC., Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-1429 CIVIL IN RE: MOTION TO COMPEL OF DEFENDANT PROTECTION SERVICES INC. ORDER AND NOW, this 2 G - day of July, 2002, argument on the within motion to compel set for July 25, 2002, is continued to Thursday, August 29, 2002, at 1:30 p.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. BY THE COURT, 4,• 41.1 A. Hess, J. Todd B. Narvol.., Esquire For the Plaintiffs Gary Schwaibold, Esquire Harry D. McMunigal, Esquire Thomas Bracaglia, Esquire Am F'iJ`:'r'i':',? di'J?? Bradley C. Ware, Plaintiff V. Tanya L. Ware, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1449 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER 53301(D) OF THE DIVORCE CODE 1. The parties to this action separated on January 13, 2002 and have continued to separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of marital property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDA' ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HE MADE ARE SUBJECT TO THE PENALTIES OF PA. C.S. §4904 RELATING UNSWORN FALSIFICATION TO AUTHORITIES. Date ? Bradley C re Bradley C. Ware, Plaintiff V. Tanya L. Ware, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1449 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER 63301(D) OF THE DIVORCE CODE 1 Check either (a) or (b) (a) I do not oppose entry of a Divorce Decree. 2. (b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. Check either (a) or (b) (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. VERIFICATION I verify that the statements made in this Counteraffidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date Tanya L. Ware CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Notice to Defendant upon Hubert X. Gilroy, Esquire, by depositing same in the United S Mail, first class, postage pre-paid on the day of 2004, Carlisle, Pennsylvania, addressed as follows: Hubert X. Gilroy, Esquire Broujos & Gilroy 4 North Hanover Street Carlisle, PA 17013 TURD LAW OFFICES 1-: Robert J. ulderig, EsqdTni 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff N ? C? z-' ° -n r.. y - j -„ n r . (..? :1? -r ' _ . . - ?i -:1 != (? ?. ;:,:.,fin na ;'o '+i ?-' ?, BRADLEY C. WARE, Plaintiff TANYA L. WARE, Defendant AN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA No. 02-1449 CIVIL TERM :CIVIL ACTION - LAW :IN DIVORCE PETITION RAISING CLAIMS OF PROPERTY DISTRIBUTION, ALIMONY, COUNCIL FEES AND EXPENSES Defendant, Tanya L. Ware, by her attorney's Broujos and Gilroy, P.C., sets forth the following: 1. The parties to the above captioned action possess various items of personal or real property which is subject to equitable division by the court. 2. Upon the entry of a divorce decree, defendant will be without sufficient assets to sustain herself and requires alimony. 3. Defendant is without sufficient assets to pay her own attorney's fees and other professional fees and costs associated with this divorce litigation. Wherefore, in conjunction with the above divorce case, defendant makes the following requests: a. That this court equitably divide marital property of the parties. b. That this court award the defendant alimony. C. That this court award the defendant her council fees and reimbursement for any professional fees advanced and costs of this litigation. d. That this court award the defendant such other items as are fair and equitable under the circumstances. Respectfully submitted, Hubert X. Gilro squire Attorney for endant Tanya L. Ware Broujos & roy, P.C. 4 North nover Street Carlisle, PA 17013 (717) 243-4574 O 72 a A- Fn-' cd Fla X33 x m Qm1 < CO Bradley C. Ware, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1449 CIVIL TERM Tanya L. Ware, : CIVIL ACTION - LAW Defendant : IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER 53301(D) OF THE DIVORCE CODE Check either (a) or (b) (a) I do not oppose entry of a Divorce Decree. ?(b) I oppose the entry of a Divorce Decree because: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) (a) I do not wish to make any claims for economic relief. 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. ?(b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. L VERIFICATION I verify that the statements made in this Counteraffidavit 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. OL? Date Tan are \, 9:33 ro ? m w co N BRADLEY C. WARE, Plaintiff, v TANYA L. WARE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 -1449 CIVIL TERM : CIVIL ACTION - ]LAW : IN DIVORCE PETITION FOR SPECIAL RELIEF Petitioner, Tanya L. Ware, by her attorneys, Broujos and Gilroy, PC, sets forth the following: 1. The Plaintiff in the above captioned divorce action is on Active Duty in the U.S. Army and has been in the military since 1987. He holds the rank of Major. 2. The parties have been separated for approximately 2 years, and this divorce case is proceeding through the system with an initial Master's hearing scheduled in July. 3. The parties have already conducted a Pre-Hearing Conference with the Master at which time the Master made it clear to both counsel that this is an alimony case and that the Master anticipates awarding alimony to the Petitioner Wife. 4. The primary asset of the parties from their marriage is the military pension the Husband will receive upon his retirement from the military which Petitioner believes will be in approximately 3 years. The only other real asset of the parties is an investment fund worth approximately $24,000.00. 5. Husband has an SGLI policy through the military in the amount of $250,000.00. Wife was always the named beneficiary on the SGLI policy during the course of the marriage. The cost for that insurance is $16.25 per month. 6. Husband's counsel advised Petitioner's Attorney on May 26, 2004 that Husband has changed the beneficiary on the $250,000.00 SGLI policy to Husband's parents. 7. Husband has been paying support to Wife since separation, and the parties recently negotiated a support obligation whereby Husband will be paying monthly support of $1,641.90. 8. In the event Husband dies prior to retirement, Wife will receive no benefits from the military and Wife will also not be receiving any support or alimony from the Husband for the remainder of her life. 9. The status quo of this case is the Husband maintaining Wife as the named beneficiary on the SGLI policy. 10. Wife will be irreparably harmed and essentially lose any retirement benefits or alimony benefits if Husband suffers an untimely death and Wife is not the named beneficiary of the SGLI policy. It. Petitioner has been advised that it would cost her approximately $525.00 per year to obtain a $250,000.00 Term Life Insurance Policy on her Husband as compared to the approximate $190.00 annual cost of the $250,000.00 SGLI policy. 12. Defendant Husband enjoys annual earnings of approximately $84,000.00 for service as Major at the Aberdeen Proving Grounds in Maryland, while Petitioner is employed as a legal secretary at annual salary of approximately $25,000.00. Petitioner is without sufficient assets to obtain an insurance policy on her Husband to replace the SGLI policy. 13. The status quo with respect to these insurance benefits that was in existence at time of separation should be maintained pending final resolution of all issues in the divorce. 14. The parties have no children from this marriage, nor does the Plaintiff Husband have any children. WHEREFORE, Petitioner requests your Honorable Court to enter an order directing that Husband name Wife as the beneficiary on the $250,000.00 SGLI military policy. Respectfully submitted, SQlz ? Hubert X. Gilr , Esquire Attorney fors] efendant Broujos and Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 Supreme Court ID No. 29943 ?..? ro _ C.J c> _ _ 'ti f__ ? C?- ail __l v,. -f p!i 1 ?? '.. ?? t .. i ;'l !l _:r a•J ? _ -i ??? V. BRADLEY C. WARE, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 02 -1449 CIVIL TERM ,UN 10 2004 TANYA L. WARE, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER And now this I "? day of ? , 2004, upon consideration of the attached Petition for Special Relief, a hearing is scheduled in Courtroom No. .? of the Cumberland County Courthouse on the day of 2004 at I/ 06 A m. at which time testimony will be taken in the Love matter. d cc: Hubert X. Gilroy, Esquire 18- 0 y Robert J. Mulderig, Esquire 'cAf`° ?, ? nr aooz "'j??=?-?ru ?'?io ?3?(??Iv""?7hj 11 a'? BRADLEY C. WARE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW TANYA L. WARE, NO. 02-1449 CIVIL TERM Defendant IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 1st day of July, 2004, after consultation with the parties and having heard argument with regard to their various positions, the Petition for Special Relief is resolved with the entry of the following order, which is intended to be temporary only until such time as the Master hears all of the evidence. In other words, the Master is not bound by any terms set forth in this order since this order is not based upon a hearing on the merits. It is therefore ordered and directed as follows: 1. Husband shall maintain $250,000.00 worth of life insurance in effect naming wife as beneficiary. 2. The parties shall share the cost of said life insurance. 3. Wife may obtain, at her sole expense, an additional amount of insurance on husband. 4. Husband is directed to cooperate in the filling out of any applications necessary to implement the terms of this order. Robert J. Mulderig, Esquire For the Plaintiff Hubert X. Gilroy, Esquire For the Defendant lfh 0 - ?l 7 7- ny YINVA V c3'Nr rid ^ U, I 91:c !4d 9- inr ucz k ?'jqai ?} F? J© BRADLEY C. WARE, Plaintiff, v TANYA L. WARE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 -1449 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ORDER And now this 3 at day of August, 2004, upon consideration of the attached Petition for Contempt, a hearing is scheduled in Courtroom No. 5 of the Cumberland County Courthouse on the /7* day of , 2004 at H.66 f?-.m. at which time testimony will be taken on this Petition. cc: LHubert X. Gilroy, Esquire ' l?bert J. Mulderig, Esquire ?I OS-OV -a Judge Edward E. Guido niS?i??i ?'-: r?,? }??+d'r ,n? pot BRADLEY C. WARE, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 02-1449 CIVIL TERM TANYA L. WARE, :CIVIL ACTION - LAW Defendant AN DIVORCE PETITION FOR CONTEMPT Defendant, Tanya L. Ware, by her attorneys, Broujos and Gilroy, P.C., sets forth the following: 1. Pursuant to this Courts order of July 1, 2004, this Court directed the Plaintiff to provide insurance coverage to the Defendant in the amount of $250,000.00. A copy of said order is attached hereto. 2. Despite numerous requests, Plaintiff has not put said insurance policy in place. 3. The only affirmative response Defendant has received with respect to this matter is a faxed letter from Plaintiffs attorney suggesting that Plaintiff has filed an application for insurance with USAA. A copy of said letter is attached hereto. 4. Plaintiff has unduly delayed in obtaining insurance and Defendant is at risk during the time that she is not a named beneficiary on a policy of the Plaintiff. 5. There is no legal or factual basis for the Plaintiff to delay in obtaining insurance for the Defendant. WHEREFORE, Defendant requests your honorable Court to hold Plaintiff in contempt, and impose such restrictions on Plaintiff that would require him to promptly obtain an insurance policy naming the Defendant as the name insured with said policy being in the amount of $250,000.00, award attorneys fees to the Plaintiff, and award such other relief as is appropriate. Respectfully submitted, ALV Hubert X. Gilroy, squire (Attorney for De ndant Tanya L. Ware) Broujos & Gilro , P.C. 4 North Hanover Street Carlisle, PA 17013 (717) 243-4574 BRADLEY C. WARE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TANYA L. WARE, CIVIL ACTION - LAW Defendant NO. 02-1449 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 1st day of July, 2004, after consultation with the parties and having heard argument with regard to their various positions, the Petition for Special Relief is resolved with the entry of the following order, which is intended to be temporary only until such time as the Master hears all of the evidence. In. other words, the Master is not bound by any terms set forth in this order since this order is not based upon a hearing on the merits. It is therefore ordered and directed as follows: 1. Husband shall maintain $250,000.00 worth of life insurance in effect naming wife as beneficiary. 2. The parties shall share the cost of said life insurance. 3. Wife may obtain, at her sole expense, an additional amount of insurance on husband. 4. Husband is directed to cooperate in the filling out of any applications necessary to implement the terms of this order. uWiojj '41 'd IMOO pies jo DUN Aw w (nun away ! "JwjsYw Am, grs1 u, (18003M WO,"J 4,100 3nul u3T: lu2pua;aa auq 03 azTnbsZ ',,OZTTS •X gzaq 3;TIUTPTa au4 30,a azrnbsg 'bTZapjnH •r gzag0g 07/29/2004 12:21 FAX 7172452165 Turo Law Offices RON TURD, Esquire GALEN R. WALTZ, Esquire JAMES M. ROBINSON, Esquire JAMES G. GAULT, Esquire NANCY A. PRESCOTT, Esquira OF COUNSEL. ROBERT J. MULDERIG, Esquire FAX COVER SHEET Z001 www.TuroL&w.com 28 South Pitt Street Carlisle, Pennsylvania 17013 (717) 2454688 (800) 562-5778 Fax (717) 245.2165 THE FOLLOWING PAGES TO: hIiArrt FAX# Sac?7 FROM: ?obPA ?•?flLtlrhha RE: U5 LAC fl?tt^n ni p ?L.?? TOTAL PAGES: DATE: Julu so, am q COMMENTS: _?(??cprl l t )?,t 1t???l?trcc nc 401 PLEASE CALL OUR OFFICE AT (717) 245-8688 IF YOU DID NOT RECEIVE THE COMPLETE FAX TRANSMISSION. THANK YOU. d#fik*#t*;k***k#1*k*ki**;;;#**##kk%;;k;#*;i#;#i*i;;#**#%;;;*f;**##%*4*;*k*#;;#i;#*;####**;#*;##*##*;i CONFIDENTIALITY NOTICE: This facsimile contains confidential information, which may be legally privileged and which is intended only for the use of the Addressee(s) named above. If you are not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that any dissemination or copying of this facsimile, or the taking of any action in reliance on the contents of this telecopied information may be strictly prohibited. If you have received this facsimile in error, please notify us immediately by phone and return the entire facsimile to us via the U.S. Postal Service. Thank you. TORO LAN' OFFICES 07%29!2004 !2:22 FAl 7172452155 TURO LAW OFFICES USAA 7/29/2004 11:02 AM PAGE 2,/002 USAA LIFE INSURANCE COMPANY 9800 FREDBRICKSBURO ROAD SAN ANTONIO, TEXAS 78288 V • LIFE INSURANCE APPLICATION 1-800-331-0947 PROPOSED CONTRACT NUMBER: D857702385 VIEW LAP4137W 0602 Fax Server 0002 8009 Proposed Prlmarv Insured-owner-Paver N, . w *QMPIGW w, ne,,,,eN'd t_nk¦meuen below.) 011102 Proposed Primary Insuroc: BRADLOY C WARE Coo: 2U.2-0 20 ! 1 B2 Gander: M Residence Address: IN2 CLARY CT . SELCAMP MD 21017.- --- US" a: O"-Q-S 224 _ State of Birds ON SSN: 299 72-0af2 Driver's License BINS of Issue: MD Residence Phone: I Business Phone: (410 )2w-0;144 am,; Occup"don: MIUTARY MEN Annual K=. a: S _ Branch of Sande: USA Rank: MAI MHAwY Status: ACTIVE -- E-ma0: r?ley leeremu army m8 LAP3%&BT 07-02 07102 PTOduet Nama: 10 YEAR LEVEL TERM SERIES V AddNbnal CereraW.. ..... Coverage Amount: S 200 000 ? _Yr. L4vei TWm Sarka V Llfe Insufanos Rider ($100AOD minimum; must be age 18-rl) ........................................ Cevifrage Amount; $ ? Disability Waiver of Premium Rider ? AeoidaNal Death Benefit (ADO) R(dsr............................... ....._.................. Coverage Amount: $ i Underage" I will not receive an illustratian unlasa and until my saftal policy Is Isawd. LAP•439S11, 12.03 n Lot JUL 25 2004 Pepe 1 of 6 440"-0204 ] R ? raCa N ?) 1 -sue -?? 1 i ? Il 1 BRADLEY C. WARE, Plaintiff V. TANYA L. WARE, Defendant :IN THE COURT OF COMMON PLEAS OF ;CUMBERLAND COUNTY, PENNSYLVANIA :No. 02-1449 CIVIL TERM :CIVIL ACTION - LAW :IN DIVORCE COURT ORDER AND NOW THIS 1?#4DAY OF AUGUST, 2004, counsel for the Defendant having advised the court that the Petition for Contempt is withdrawn, the hearing scheduled on Tuesday, August 17, 2004 is cancelled. Judge Edward Guido GE ui• Edward 'E cr. Le 60 ubert X. Gilroy, Esquire bert J. Mulderig, Esquire Q 09-/P-04/ i I _..:.. .. "'fib:.. BROUJOS & GILROY, P. c. ATTORNEYS AT LAw Jorw H. BRoulos HUBHAT X. GILROY 4 NORTH HANOVER STREET CARLISLE, PENNSYLVANIA 17013 August 16, 200.4 The Honorable Edward E. Guido Cumberland County Courthouse Carlisle, PA 17013 RE: Ware v Ware Dear Judge Guido: TELEPHONE: (717) 243-4574 FACSIMILE: (717) 243-8227 jbroujos®broujosgilroy'com 119ilroy0broujosgilroy.com NON-TOLL FOR HARRISBURG AREA 717-766-1690 The issue concerning insurance in the above case has been resolved at this point. Accordingly, the hearing scheduled for Tuesday afternoon may be cancelled. I am enclosing an order to that effect. be cc: Roberti. Mulderig, Esquire Tanya L. Ware F TILES`.ClientO 2789 WareU 2789. LMaritalSettlement Created: 7!30.'04 9.12AM Revised: 7108 122PM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRADLEY C. WARE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1449 TANYA L. WARE, CIVIL ACTION - LAW Defendant IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this i -1? day of , 2008, by and between BRADLEY C. WARE (hereinafter referred to as "Husband") and TANYA L. WARE (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on October 24,1987; WHEREAS, no children have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though 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 to 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 peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEOUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(C) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (C) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or © any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Wife and Galen R. Waltz, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is 4 familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. The parties agree, however, to divide all photographs evenly, and 5 each party shall be entitled to access to negatives. The parties will make duplicates of all camcorder tapes which currently exist so that each party has a full set. Any cost involved in the duplication of the videos will be shared equally. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF MISCELLANEOUS PROPERTY: The parties agree as follows: A. The parties jointly own an MML Investors Services account with a current value as of June 30, 2008, of $27,136.18. A copy of the statement relating to the account is attached hereto and marked Exhibit A. All of the assets in this account shall be transferred to Wife's name and shall be the sole and exclusive property of Wife. B. Wife will keep her MML-IRA as her sole property. C. Husband will keep his MML-IRA as his sole property. D. Husband shall pay Wife the sum of $8,000.00 in the form of a check, said payment to be made within ten days of both parties signing this agreement. 13. BANK ACCOUNTS. CERTIFICATES OF DEPOSIT AND LIFE INSURANCE Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. There is an insurance policy owned by Wife on Husband's life that was obtained by the parties pursuant to prior Order of Court issued by Judge Guido in the divorce case. In conjunction with this agreement, all rights to said policy, which is in the face value of $250,000.00, shall be transferred to Wife and Husband will execute any and all documentation to effectuate said transfer 6 as required. Wife may maintain the said policy insuring Husband's life with Wife as the named beneficiary at her option and at her sole expense. Husband shall not have any further obligation with respect to payment of premiums on this policy. Husband will cooperate with respect to executing any documentation to keep said policy in place and also cooperating with respect to any type of physical or examination or provision of information that would be required in connection with the policy. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. Specifically, Husband shall receive the 1999 Chevrolet Silverado and the 1984 Harley Davidson motorcycle. Wife would be entitled to retain all ownership interest in her 2000 Pontiac Grand Prix. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2008. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER: The Husband is currently paying directly to Wife spousal support in the amount of $1,642.00 per month. Husband's obligation with respect to this spousal support shall terminate effective upon the date of the entry of a divorce decree that is contemplated by this Agreement. In conjunction with the entry of the divorce decree, the parties agree that Husband shall have an alimony obligation to Wife in the amount of $1,200.00 per month. Upon the provision of a copy of this Agreement and the divorce decree to the Cumberland County Domestic Relations Office (DRO), the DRO shall set up an alimony account such that Husband shall pay alimony to Wife through DRO consistent with the terms of this Agreement. The alimony shall terminate upon Wife's death, Husband's death, Wife's remarriage or Wife's cohabitation. The alimony may be modified or terminated taking into consideration factors set forth in Section 3701 of the Pennsylvania Divorce Code. The alimony shall be deemed to be an Order of Court consistent with Section 3701 (f) of the Divorce Code. 19. MILITARY PENSION: Husband has a military pension which the parties agree to handle as follows: A. Upon Husband's retirement, Husband will elect full SBP benefits in connection with the military pension with Wife as the named beneficiary of the SBP benefits. The cost of the SBP benefits shall be deducted from the gross disposal retirement pay prior to the allocation of the marital portion of the pension as set forth in subparagraph B. below. 8 B. Wife shall receive 60% of the "marital portion" of the Husband's military pension. The "marital portion" shall be calculated using a formula with a numerator of 14.33 years and a denominator equal to the total number of years Husband is in the military service. The denominator shall be subject to final calculation by the military, but the parties enter into this Agreement assuming that the denominator shall be 21.33. The Wife is awarded 40.30% of Husband's disposable military retirement pay. C. Each party shall assume their respective obligations for any income tax consequences relating to their portion of the pension which they are receiving. D. The parties shall share the annual increases in the pension in accordance with the percentages as calculated in subparagraph B. above. E. In the event Wife is delayed in receipt of her portion of the pension as the result of some administrative delay or other delay through the Military Accounting Office and Husband receives himself the full amount of the pension, Husband shall make payments directly to Wife for her percentage amount as applicable with the understanding that Wife shall incur all income tax obligations with respect to the payments received by her. Any delay in the initiation of the pension payments to wife as a result of the Wife's failure to follow the proper procedures or applications process or any other delay caused by her shall not result in the Husband being penalized as a result of Wife's delays, failure to follow procedures or her improper pursuit of the application process. Application of this paragraph is limited to payments after the distribution process has been initiated. F. Wife's attorney shall prepare documents in the nature of a QDRO or other applicable documents as the military may require in order to implement the allocation of the pension benefits as set forth herein. 9 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take 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 such interests, rights and claims. 25. 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. 10 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. 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 of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS (Seal) 0 V (Seal) vt?? s WI Tanya L. e n}k C'k COMMONWEALTH OF 4 : (?acaIN :SS COUNTY OF etMBF!ftAt+& On this, the h day of u , 2008, before me a Notary Public, personally appeared BRADLEY C. WARE, known to m to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND (Seal) NioryyPublic V Nolary public, Stele ad Large, KY My c mrt ion ernes Feb. 7,2M SS On this, the day of , 2008, before me, a Notary Public, personally appeared TANYA L. WARE, known to met the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. COMMONWEALTH OF PENNSyLVAM %NoWyPine Ca"B=.Cw*wjsWCou* Nota u is * Cotnmis M EVkw Jtne 28, 2D11 Member, Pennsylvania Association of Notaries 12 °-U m fP5k ?.and v' m S. a= ? ? 9 r E x bQ z? ?s p a ?Y• S, uii ?? p''i a Q CIS ar ' < d . G;i 3U,:,III ' 'jo i iii; n ry CL :Nil y. 71i1i}i??RI p . , it SCI ! 1imM; r', IK;iI ? ? ???w 4fiitfnsli a iS?IlfEiil' ? g??l?ila ? 14 ?: m? ii +iSi51 • M^ N *I1' ? r ML 0.4 L, A' C„ X„? J N IM . fi1i111'I' ILIiti3 "? u .4 ix: 1"IGliii Il?oa gl iia ;;?; aa.1?i rv?i ;p%I W O1 O [T„ ''J"'?I 1-4 f WO "" YI ""'' ;r wui c :F?FIFA w'7 ?? Nb all ! 1 G ? ¦ ?g a "^e a t o ? ? ?;asiil 8 O ?7W0?0 II'1 W"? S EXHIBIT E A YlA???mp .'Q ZA cAb ? CFO I , A .0 r r-rm o rn C7 r awpN j ??yy Oi'n0 ? ?S ° a N v %D 0 O n r O ?A V A r zr0 ?G,Ib °x y AJp La ?l o x a ..? -? e,,.. .. '?. ,.- ft t?• ,.. C.JT) ,d.?. 1;?? ?.1 ? r _ l ?? E ?, ?. r BRADLEY C. WARE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1449 CIVIL TERM TANYA L. WARE : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on March 25, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. Date radl Ware I ?:. t:.1 "i't r..z3 „--1 ,N? -?r- .a;? ??A Y? ?1 yN? ? S? yf t i i? ?',,,. L... ' -? . ( "°`_ - ?M.7 i l" it , aft (??_? BRADLEY C. WARE Plaintiff V. TANYA L. WARE Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1449 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 THE FOREGOING 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. t t yr?, ? Zod d? Date r--s _ ? ?-?- ; ? ??. ?? ,, '? trY - s cs: _ ?' - .?` w?: , ? ? ?°? '? P:\PILES\Ctiaus\12789 Wam\Coca a it to Affidavit (divone).wpd Created: 9/20/04 0:06PM Revised: 8/ 1 /08 1:5 3 PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRADLEY C. WARE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-1449 TANYA L. WARE, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on March 25, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about March 27, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. 12 r ,n t ? BRADLEY C. WARE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 02 - 1449 CIVIL TANYA L. WARE, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of dmlk , 2008, the economic claims raised in the proceeding having been resolved in accordance with a marital settlement agreement dated July 18, 2008, 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, W1 " cc: .6a"len R. Waltz Attorney for Plaintiff bert X. Gilroy Attorney for Defendant` V Ei ? 3 wax -x CL C9D CO N C.) F:\FiLES\Clients\12789 Ware\12789.1. MaritalSettlement Created: 7130104 9: 12AM Revised: 7/2;08 1,22PM Hubert X. Gilroy, Esquire I.D. 29943 c. C - MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street r= Carlisle, PA 17013 F= (717) 243-3341 Attorneys for Plaintiff BRADLEY C. WARE, IN THE COURT OF COMMON P S Plaintiff CUMBERLAND COUNTY, PENN YLNAANIA' V. NO. 02-1449 TANYA L. WARE, Defendant CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this /P T k day of 2008, by and between BRADLEY C. WARE (hereinafter referred to as C:t "Husband") and TANYA L. WARE (hereinafter referred to as "Wife"): WITNESSETH: WHEREAS, the parties were married on October 24, 1987; WHEREAS, no children have been born of the marriage of the parties; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though 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 to 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 peaceful existence, separate and apart from the other. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania, claiming that the marriage is irretrievably broken under Section 3301(C) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (C) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. 2 Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the 3 property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or © any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: The provisions of this Agreement and their legal effect has been fully explained to the parties by their respective counsel, Hubert X. Gilroy, Esquire, counsel for Wife and Galen R. Waltz, Esquire, counsel for Husband. The parties acknowledge that each has received independent legal advice from counsel of his or her own selection, that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is 4 familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. The parties agree, however, to divide all photographs evenly, and 5 each party shall be entitled to access to negatives. The parties will make duplicates of all camcorder tapes which currently exist so that each party has a full set. Any cost involved in the duplication of the videos will be shared equally. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. DIVISION OF MISCELLANEOUS PROPERTY: The parties agree as follows: A. The parties jointly own an MML Investors Services account with a current value as of June 30, 2008, of $27,136.18. A copy of the statement relating to the account is attached hereto and marked Exhibit A. All of the assets in this account shall be transferred to Wife's name and shall be the sole and exclusive property of Wife. B. Wife will keep her MML-IRA as her sole property. C. Husband will keep his MML-IRA as his sole property. D. Husband shall pay Wife the sum of $8,000.00 in the form of a check, said payment to be made within ten days of both parties signing this agreement. 13. BANK ACCOUNTS CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. There is an insurance policy owned by Wife on Husband's life that was obtained by the parties pursuant to prior Order of Court issued by Judge Guido in the divorce case. In conjunction with this agreement, all rights to said policy, which is in the face value of $250,000.00, shall be transferred to Wife and Husband will execute any and all documentation to effectuate said transfer 6 as required. Wife may maintain the said policy insuring Husband's life with Wife as the named beneficiary at her option and at her sole expense. Husband shall not have any further obligation with respect to payment of premiums on this policy. Husband will cooperate with respect to executing any documentation to keep said policy in place and also cooperating with respect to any type of physical or examination or provision of information that would be required in connection with the policy. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. Specifically, Husband shall receive the 1999 Chevrolet Silverado and the 1984 Harley Davidson motorcycle. Wife would be entitled to retain all ownership interest in her 2000 Pontiac Grand Prix. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. INCOME TAX: Husband and Wife agree to file separate tax returns for the tax year 2008. For any tax returns filed jointly in the past, both parties agree that in the event any deficiency in Federal, State or Local Income Tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7 17. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 18. WAIVER: The Husband is currently paying directly to Wife spousal support in the amount of $1,642.00 per month. Husband's obligation with respect to this spousal support shall terminate effective upon the date of the entry of a divorce decree that is contemplated by this Agreement. In conjunction with the entry of the divorce decree, the parties agree that Husband shall have an alimony obligation to Wife in the amount of $1,200.06per month. Upon the provision of a copy of this Agreement and the divorce decree to the Cumberland County Domestic Relations Office (DRO), the DRO shall set up an alimony account such that Husband shall pay alimony to Wife through DRO consistent with the terms of this Agreement. The alimony shall terminate upon Wife's death, Husband's death, Wife's remarriage or Wife's cohabitation. The alimony may be modified or terminated taking into consideration factors set forth in Section 3701 of the Pennsylvania Divorce Code. The alimony shall be deemed to be an Order of Court consistent with Section 3701 (f) of the Divorce Code. 19. MILITARY PENSION: Husband has a military pension which the parties agree to handle as follows: A. Upon Husband's retirement, Husband will elect full SBP benefits in connection with the military pension with Wife as the named beneficiary of the SBP benefits. The cost of the SBP benefits shall be deducted from the gross disposal retirement pay prior to the allocation of the marital portion of the pension as set forth in subparagraph B. below. 8 B. Wife shall receive 60% of the "marital portion" of the Husband's military pension. The "marital portion" shall be calculated using a formula with a numerator of 14.33 years and a denominator equal to the total number of years Husband is in the military service. The denominator shall be subject to final calculation by the military, but the parties enter into this Agreement assuming that the denominator shall be 21.33. The Wife is awarded 40.30% of Husband's disposable military retirement pay. C. Each party shall assume their respective obligations for any income tax consequences relating to their portion of the pension which they are receiving. D. The parties shall share the annual increases in the pension in accordance with the percentages as calculated in subparagraph B. above. E. In the event Wife is delayed in receipt of her portion of the pension as the result of some administrative delay or other delay through the Military Accounting Office and Husband receives himself the full amount of the pension, Husband shall make payments directly to Wife for her percentage amount as applicable with the understanding that Wife shall incur all income tax obligations with respect to the payments received by her. Any delay in the initiation of the pension payments to wife as a result of the Wife's failure to follow the proper procedures or applications process or any other delay caused by her shall not result in the Husband being penalized as a result of Wife's delays, failure to follow procedures or her improper pursuit of the application process. Application of this paragraph is limited to payments after the distribution process has been initiated. F. Wife's attorney shall prepare documents in the nature of a QDRO or other applicable documents as the military may require in order to implement the allocation of the pension benefits as set forth herein. 9 20. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 21. HEALTH INSURANCE: Each party is responsible for their own health insurance and uninsured medical expenses. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take 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 such interests, rights and claims. 25. 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. 10 26. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding on and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 27. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 29. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 30. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 31. 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 of any subsequent defaults of the same or similar nature. 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. WITNESS Bradley G WI S Tanya L. COMMONWEALTH OF "? : SS COUNTY OF S (Seal) are (Seal) On this, the (eh day of , 2008, before me a Notary Public, personally appeared BRADLEY C. WARE, known to to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND (Seal) N t ublic Not" Pty My commission a ?'' KY des Feb. 7, 2012 : SS . On this, the ? day of , 2008, before me, a Notary Public, personal ly appeared TANYA L. WARE, known to me to e the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. COMMONWEALTH OF PENNSYLVANIA eal) Notarial Seal Margaret wmNash, NOWYPublic Nota P tic Carlisle Boro, Cumberland County My Commission Expires Am 29, 2011 12 Member, Pennsylvania Association of Notaries e • o? t a1axl9 ? o 888 P etl ? 4 00 I i I oq E 9 bQ d? ?s 3 g?. R O h S'1 -lip a? [s7 ovw' w? *9140 4" ?ovNi ?4b, to ;?m14 ca.RI eoepCJ v ? o OyD t?O a?d a?? F tOM NQ a V a ??d OWE V CA) of S. f" F ?IiGy?G" cc a O Q 0 I'M w 0 N' "i-11 %44 !l??iil y b s Q 8 O pO V ¦ ? y F p c II_ O? Zo °o V Q C m F XAE anpW l n,, o I'"$[p ?tn m t? c r A2Aa w y.?1 O N 0 ? NS . N Lo N n N v C s A xrQ G? Q x y 4h- y --4 u ?}J J o • ' F:T1LES\C6ents\12789 Ware\Praecipe.divmpd Created: 9/20/04 0:06PM Revised: 8/5/08 3:45PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff BRADLEY C. WARE, :IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 02-1449 TANYA L. WARE, :CIVIL ACTION - LAW Defendant :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: Ground for Divorce: Irretrievable breakdown under Section (X)3301(c) ()3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: March 27, 2002, by Certified Mail, return Receipt Requested. 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. July 21, 2008; by Defendant: August 4, 2008. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301() of the Divorce Code: _2) Date of service of the Plaintiffs affidavit upon the Defendant: - 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: August 4, 2008. (b) Date Defendant's Waiver of Notice was filed with the Prothonotary: August 4, 2008. Hdberf X. Xardorff Esquire Attorney fntiff Martson D Willimas Otto Gilroy & Faller Carlisle, PA 17013 717-243-3341 -Tl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BRADLEY C. WARE Plaintiff VERSUS TANYA L. WARE Defendant N 0. 2002-1449_ DECREE IN DIVORCE ? f '3.x`4 .•? lode AND NOW, ?? IT IS ORDERED AND DECREED THAT RRAT)T'FY (' TARF PLAINTIFF, AND TANYA L. WARE ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, 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; Property Settlement Agreement dated July 18, 2008 is incorporated into PROTHONOTARY this Order. '00,46 5 j In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION TANYA L. WARE ) Docket Number 02-1449 CIVIL Plaintiff ) vs. ) PACSES Case Number 237104664 BRADLEY C. WARE ) Defendant ) Other State ID Number ORDER TO CREDIT ARREARS AND NOW, on this 11TH DAY OF DECEMBER, 2008 IT IS HEREBY ORDERED that credit be given on the above captioned case in the amount of $ 5, 4 7 0.6 8 There ® is O is not an agreement of the parties to the credit. This credit is for: ® Direct Payments. ? Purchases made or services performed by the Defendant on behalf of the Plaintiff or children. ? Time children resided with the Defendant as agreed upon by parties, or addressed in a partial custody order for the following time periods: From to From to From to ? Other: Plaintiff Defendant 11TH DAY OF DECEMBER, 2008 Date DRO: R. J. SHADDAY Service Type M BY THE COURT: Date ;0?'- *. X4 KEVIN A. SS, JUDGE Form FI-002 Rev.I Worker ID 21005 Date r p r> ? ..? t__ =;? ??'t ?--? ` _ ?a a ± ? ?,? ??: .w5', _ ? , j ?_? }? e ??'? ?? yy t}? "^? . _?...y ? ??•ww ?AS'? BRADLEY C. WARE IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 02-1449 CIVIL TERM TANYA L. WARE, IN DIVORCE Defendant/Petitioner PACSES CASE: 237104664 ORDER OF COURT AND NOW to wit, this 31 st day of December 2008, it is hereby Ordered that the Cumberland County Domestic Relations Section dismiss their interest in the above captioned Alimony matter, effective December 31, 2008, pursuant to the request of the parties. The Alimony account is closed with no balance due. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: X4 1 ;154-- 1* Ke ' A. Hess, J. DRO: R.J. Shadday xc: Petitioner Respondent Hubert X. Gilroy, Esq. Galen R. Waltz, Esq. Form OE-001 Service Type: M Worker: 21005 f" ~ ";T , .. r . ?.?? Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Tanya L. Ware BRADLEY C. WARE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 02-1449 TANYA L. WARE, CIVIL ACTION - LAW, Defendant IN DIVORCE STIPULATION Pursuant to the Marital Settlement Agreement signed by the parties dated July 18, 2008, Bradley C. Ware and Tanya L. Ware and their counsel hereby agree and stipulate that the Court may sign the attached Domestic Relations Or Sf61419 Date ?OD -kv Date )/ J?k 0 Date Date 0 Hubert X. Gilroy, Attorney for Defe Tanya L. Ware C C=3 ? _ ,f r C' FAF1LES\Cfi=ts\12789 Ware\12789.1.DRO.revised.finA.wpd Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Tanya L. Ware FEB ' 3 20009 BRADLEY C. WARE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-1449 TANYA L. WARE, CIVIL ACTION - LAW Defendant IN DIVORCE DOMESTIC RELATIONS ORDER (UNIFORMED Services Former Spouses' Protection Act) AND NOW, upon consideration of the Stipulation executed by the parties and their counsel, it is hereby ORDERED, ADJUDGED AND DECREED as follows: 1. The parties acknowledge that Bradley C. Ware is currently receiving a military retirement benefit based on his service in the United States Army. The parties further agree that his former spouse, Tanya L. Ware, has an interest in the military retirement benefits and shall receive from Bradley C. Ware's disposable military retired pay an amount as set forth below. 2. The Participant's name, mailing address, Social Securitynumber and date ofbirth are: Bradley C. Ware 5930-B Highdale Circle Alexandria, Fairfax County, Virginia 22310 Social Security No. 300-72-0992 Date of Birth: March 20, 1962 3. The Non-Member Former Spouse's name, mailing address, Social Security number and date of birth are: Tanya L. Ware 4C Mel-Ron Court Carlisle, Cumberland County, Pennsylvania 17015 Social Security No. 289-60-5517 Date of Birth: December 19, 1961 4. Bradley C. Ware was a Member of the United States Military and participates in a pension plan administered by the United States Military. The Member retired from the United States Military on or about August 31, 2008, as a Major in the United States Army. 5. The Member assigns to the Non-Member Former Spouse an interest in the Member's disposable military retired pay. The Non-Member Former Spouse is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Member. 6. The rights of the Member under the Soldiers' and Sailors' Civil Relief Act of 1940 (50 U.S.C. App. 501 et seq.) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 7. Upon the Member's retirement, the Member will elect full Survivor Benefit Plan benefits in connection with the military pension with the Non-Member Former Spouse as the named beneficiary of the Survivor Benefit Plan benefits. The cost of the Survivor Benefit Plan benefits shall be deducted from the gross disposal retirement pay prior to the allocation of the marital portion of the pension as set forth herein. 8. This Order assigns to the Non-Member Former Spouse an amount equal to sixty percent (60%) of the marital portion of the Member's military pension. The marital portion shall be calculated using a formula with a numerator of 14.33 years and a denominator equal to the total number of years Member was in the military service. The denominator shall be subject to final calculation by the military, but the parties entered into a Marital Settlement Agreement on July 18, 2008, assuming that the denominator shall be 21.33. The Non-Member Former Spouse is awarded 40.30% of the Member's disposable military retirement pay. The Member and Non-Member Former Spouse shall assume their respective obligations for any income tax consequences relating to their portion of the pension which they are receiving. In addition, the Member and Non-Member Former Spouse shall share the annual increases in the pension in accordance with the percentages as calculated herein. 9. The monthly payments under this Order shall commence to the Non-Member Former Spouse as soon as administratively feasible following the date that this Order is approved by the appropriate Military Pay Center and shall continue during the joint lives of the parties, and, to the extent permitted under law, irrespective of future marital status of either of them; the benefits shall terminate only upon the death of either the Member or Non-Member Former Spouse. 10. The Member and Non-Member Former Spouse acknowledge that they were married for ten (10) years or more while the Member performed ten (10) years or more of military service creditable for retirement purposes. The parties were married on October 24, 1987 and divorced on August 15, 2008. 11. The Non-Member Former Spouse agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 12. The Non-Member Former Spouse agrees to notify DFAS about any changes in the Domestic Relations Order or any order affecting these provisions, or in the eligibility of any recipient receiving benefits pursuant to thereto. 13. The Member agrees to cooperate with the Non-Member Former Spouse to prepare any applications necessary for direct payment to the Non-Member Former Spouse from the Member's retired or retainer pay pursuant to 10 U. S. C. Section 1408. The Member agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Non-Member Former Spouse. 14. If the amount paid by the Military Pay Center to the Non-Member Former Spouse is less than the amount specified herein, the Member shall initiate an allotment to the Non-Member Former Spouse in the amount of the difference, to be paid from any federal entitlements due the Member, with said allotment to be initiated by the Member immediately upon notice of such difference. 15. In the event the Non-Member Former Spouse is delayed in receipt of her portion of the pension as the result of some administrative delay or other delay through the Military Accounting Office and Member receives himself the full amount of the pension, Member shall make payments directly to Non-Member Former Spouse for her percentage amount as applicable with the understanding that Non-Member Former Spouse shall incur all income tax obligations with respect to the payments received by her. Any delay in the initiation of the pension payments to Non-Member Former Spouse as a result of Non-Member Former Spouse's failure to follow proper procedures or applications process or any other delay caused by her shall not result in the Member being penalized as a result of Non-Member Former Spouse's delays, failure to follow procedures or her improper pursuit of the application process. Application of this paragraph is limited to payments after the distribution process has been initiated. 16. This Court has personal jurisdiction over the parties for purposes of the above- referenced matter. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with. 17. This Order has not been amended, superseded, or set aside by any subsequent Order. Executed this Irday of 2009. BY COU The Honorable Edward E. Guido cc: Hubert X. Gilroy, Esquire Galen R. Waltz, Esquire rJEi?,1j11.ir-„?,_ rr?? CS -Z 114d C i 8Id HE