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HomeMy WebLinkAbout06-2317 .. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Ot." - ;(.217 (flU ~ L ~ ULVri JOYCE MARIE LANPHIER, Plaintiff THOMAS MICHAEL LANPHIER, : 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 may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 A VISO USTED HA smo DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y A viso radicando personalmente 0 par medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamaci6n 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 V A Y A A LA SIGUIENTE OFICINA. EST A OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES PO SIBLE QUE EST A OFICINA LE PUEDA PRO VEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 JOYCE MARIE LANPHIER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Dl, - d,M7 {7./uiL ~Efl....~ THOMAS MICHAEL LANPHIER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE I. The Plaintiff is Joyce Marie Lanphier, an adult individual currently residing at 106 Harrison Drive, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant is Thomas Michael Lanphier, an adult individual residing at 106 Harrison Drive, New Cumberland, Cumberland County, Pennsylvania, ]7070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 12, 1979, in Dauphin County, 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. . 7. Plaintiff and Defendant separated on or about November 1,2005. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about November 1,2005. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court, WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. Date: ~ /2.0 loro I I Respectfully submitted, THE LAW OFFICES OF SILLIKER & REINHOLD ~ ---- --- Mark . illiker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 J.D. No. 33671 Attorney for Plaintiff AFFIDAVIT I, , hereby certify that the afore going is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: 1~ (f-()~ x D -C;}. ::d - (\, ~ 4:J \l-- \) , .J en \ , ~ "0 -./ - ..\;J D ..::r w --:t lr' ~ C> ...t:" D t ' " +- ~ JOYCE MARIE LANPHIER, Plaintiff v. THOMAS MICHAEL LANPHIER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2317 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Monika Daley, hereby certifies that a copy of a Divorce Complaint was served upon Thomas Lanphier, on May 3, 2006, by certified mail, restricted delivery, return receipt requested, addressed as follows: Thomas Lanphier 106 Harrison Drive New Cumberland, P A 17070 I hereby certifY that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 5/1/0(p / I . Complete items 1, 2, W1d 3. coo"pIwl1. I1IlIl1 4 if Restricted DefIvety Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the msilpiece, or on the front if space permits. ~;;;~ker lOG -f{a.rrtSOf\ JJr/ve- NW WvvLW{~ A 1707 () o Agent o_ f r:'':ff_ D. Is delWery _..... _t _1.1 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ~ifIed Mail [J Express Mall o Registered 0 Return Receipt for Merchanche o Insurod Mall 0 C,O 4. 00IIw0r(/ I!ldnr "-I 2. Article Number rr,.".fer""",__) ~}_l![)L2510 OOOb 2/153 b~/lO PS Form 3811, August 2001 DomMtk: Return Roceipt 102595-01-M-2509 ~ , ." " . (") g ~ c: s, CT' ~:o -ol~,' ::It rnH" ::< -/"" z~~ I 8~ 0) "' ::$"" \D r...-c ~ ::C' ~c, o~ ~-:'c_) :z:~ 'PC:':;: '!J 9 '7 ~ ::.t N - JOYCE MARIE LANPHIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06-2317 THOMAS MICHAEL LANPHIER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 25, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification& to authorities. Date: t5 -6 ~ 0 c, \ i ~ ~~\ ~ ~ zr, ;- ~~ fit, ~. %~ zG c..) ~ ':;;c: .. ::t. Z _ 2 ..c \ .~ JOYCE MARIE LANPHIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06-2317 THOMAS MICHAEL LANPHIER, : CIVIL ACTION - LAW Defendant : IN DIVORCE W AlYER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: g--~ 0 (" ~M.~~ ] Marie Lanphier c,', v,; , ~ ~ 0 = ~ = ..... ii > ;:R G' li5 r-' " 2r;""- .r:- (n..: -<., ~.~ ,<c -0 )?,:c. ::lI: Z 60 ~ ~ PC: ~ ~ \D JOYCE MARIE LANPHIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06-2317 THOMAS MICHAEL LANPHIER, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF q)NSENI: 1. A Complaint in pivorce 'tmder Section 330l( c) of i:heDivorce Code was filed on April 25, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsifications to authorities. Date: S - ~ - a. 0 0--6 .1, r:.." ~. ~ ,'I ~ ,np CP\:i:1 z~_r,; :j::;-, ..... ~ ,<:C ~y. (,> ;;<.:;) -;>c: ~ ~ ~ 1.; c:> ~ , ~i ~::rl ~ ~~ Q ~ ~ 100 JOYCE MARIE LANPHIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 06-2317 THOMAS MICHAEL LANPHIER, : CIVIL ACTION - LAW Defendant : IN DIVORCE W AIVE~ OF NOTICE OFINTENfIQN TO .REQUEST ENTRY OF A DIVORCE DRCREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 8 -"/~()C z:Z~~ , , '\ 2 ~ """Oli:"l '1"1'1, 'i ~ ...., %~:-~: -:7 r tr:"y -'-"':: - r:;:.\.. ~C; hQ "PC ~, ,..,;, ~ ~ ~ '" ~ >' \\ ~~ sa .- ~ -c -0 ::s: c.a t- ... JOYCE MARIE LANPHIER Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2317 : CIVIL ACTION - LAW THOMAS MICHAEL LANPHIER : IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) () 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: May 3, 2006, by Certified Mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: August 6, 2006, by Plaintiff, August 6, 2006, by Defendant. (b) (I) Date of execution of the Plaintiff s Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff s Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. c" 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: August 14,2006 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: August 14, 2006 6. Social Security Numbers: (a) Plaintiff: 175-48-2527 (b) Defendant: 199-40-0 I 07 Attorney for Plaintiff '. 2 :;: -of::; rnfC' ;2',,-. "7 oJ 2 - ~C~ Z (i >c~ :z: -~ .< ~ "'" = .... :l>O ~ ~ :C, :!l ~.-~ -rJ o 'X!- , O:!l :~,,.~ (5 ~ ~ 0"\ --0 3: N .. .&:'" N . MARRIAGE SETTLEMENT AGREEMENT By and between JOYCE M. LANPHIER -AND- THOMAS M. LANPHIER Dated: YJ}if ..3 ,2006 INDEX PAGE 1. Divorce and Separation................................................................ 4 2. Division of Property..................................................................... 4 3. Child Custody .............................................................................. 7 4. College Education........................................................................ 7 5. Income Tax Prior Returns ............................................................ 7 6. Execution of Additional Documents ........................................... 8 7. Transfers Subject to Liens ........................................................... 8 8. Complete Listing of Property...................................................... 8 9. Equitable Distribution of Property.............................................. 8 10. Relinquishment of Ownership ..................................................... 9 11. After-Acquired Property.............................................................. 9 12. Debts............................................................................................. 9 13. Bankruptcy ................................................................................... 11 14. Health Insurance........................................................................... 11 15. Alimony ........................................................................................ 11 16. Full Disclosure ............................................................................. 11 17. Releases ........................................................................................ 12 18. Indemnification............................................................................ 12 19. General Provisions ....................................................................... 13 20. Fair and Equitable Contents......................................................... 13 21. Breach........................................................................................... 14 22. Independent Separate Covenants ................................................. 14 23. Void Clauses ................................................................................ 14 24. Execution of Documents .............................................................. 14 25. Applicable Law ............................................................................ 15 26. Non-Merger .......... .... .,. ................................................. ............ .... 15 27. Disclosure and Waiver of Procedural Rights .............................. 15 28. Tax Advice ................................................................................... 16 29. Representation of Parties ............................................................. 17 Signature Page.............................................................................. 17 Acknowledgement Page ...................................... ......................... 18 2 MARRIAGE SETTLEMENT AGREEMENT day of -:r;; L [I I and between Joyce M. Lanphier -AND-Thomas M. Lanphier, at Harrisburg, AGREEMENT MADE this \1d , 2006, by Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on October 12,1979, at Dauphin County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating 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 Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on November 1,2005. NOW, THEREFORE, in consideration of the aforegoing 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 3 parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and Seuaration. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Prouertv. Husband and Wife acknowledge the following assets: A. It is agreed between the parties that Wife has $380,000 in marital savings as a result of her employment at Verlzon. B. It is agreed between the parties that Husband's 401(k) from his employment at AT&T has an agreed upon value of $100,000. Husband originally had $125,000 in this account, but he has drawn it down to $70,000. Therefore, the parties have reached an agreed upon value of $100,000. 4 C. It is agreed between the parties that the marital residence located at 106 Harrison Drive, New Cumberland, Pennsylvania, is worth $210,000 and that the present mortgage payoff is $70,000, which results in equity of $140,000. D. It is agreed between the parties that Husband has accumulated potential pension benefits through his employment with the Mechanicsburg Naval Depot. However, it is further agreed between the parties that at this point they are unable to reach an agreement on the exact value of Husband's potential pension benefits. Therefore, in light of all the other considerations herein, the parties have agreed not to appraise the value of Husband's potential pension benefits, but instead each of the parties will knowingly and otherwise voluntarily accept that Husband's potential pension benefits through his employment with the Mechanicsburg Naval Depot at this point have no present value whatsoever, and it will not be counted against Husband's share of the distribution of marital property. It is further understood that Wife hereby waives any right, title, or interest which she may have unto any potential or real pension benefits that Husband may have or gain in the future through his position of employment with the Mechanicsburg Naval Depot. Rather, Husband shall be entitled to 100 percent of any said benefits. E. It is agreed between the parties that Wife shall retain the marital home and Husband shall deed his interest in said marital home unto her. Husband shall make no further claim for the marital home. The 5 deed transfer shall occur upon payment from Wife to Husband regarding retirement benefits, as set forth hereinafter. F. It is agreed between the parties that the agreed upon values of the IRA, 401(k), and pension accounts shall be divided between the parties. However, it is noted that Wife shall receive the first $35,000 from these accounts, as compensation for her inheritance, which she placed as a down payment on the marital residence. Therefore, the parties shall divide the swn of $480,000, less $35,000, which means the parties shall divide the swn of $445,000 between them. It is agreed that the division shall be such that Husband shall receive the swn of $227,500 and Wife shall receive the swn of $217,500. Additionally, Wife shall pay unto Husband an amount equal to $4,600 in order for him to payoff a line of credit and a truck loan, which would result in Husband's share totaling $232,100 and Wife's share totaling $212,900. As a result, Wife's attorney shall, at Wife's expense, prepare a Qualified Domestic Relations Order transferring an amount equal to $132,100 to Husband. G. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. H. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 6 "'".'<~;;.",,''-',''''''' 3. Child Custodv. The parties hereby acknowledge that they are the natural parents of John J. Lanphier, age 17. It is agreed between the parties that the child shall reside primarily with Wife. It further agreed that neither party shall seek child support from the other. 4. Colle2e Education. Husband and Wife acknowledge their mutual desire and intent that their minor child attend college on a full-time basis following graduation from high school. The parties hereto further covenant and agree that each shall equally contribute to the college tuition and expenses of the child in the event he becomes a full-time student following graduation from high school. Specifically, each party shall pay one-half of college tuition and expenses after grants, scholarships, loans and monies eamed by the child for his college education are deducted. However, it is specifically understood that neither party shall be required to contribute more than a maximum $5,000 per year, towards the undergraduate expenses of their child. 5. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. 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 fmally 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. In the event that any additional taxes, penalties or 7 interest are assessed as a result of a mathematical error or some other reason not related to a party's under-reporting of income or claiming any improper deduction, such additional liability shall be divided equally between the parties. 6. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 7. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save hannless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 8. Comolete Listinl! of Prooertv. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 9. Equitable Distribution of Prooertv. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have detennined that an equitable division of such property confonns to a just 8 and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 10. Relinquishment of Ownershio. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 11. After-Acquired Prooertv. 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. 12. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: Husband covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Wife for any of the debt set forth herein above, Husband will at his sole expense, defend Wife against any such claim or demand, whether or not well-founded, and that he will indemnify and hold harmless Wife in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand,loss, cost, expense, penalty, and other damage, including 9 " r without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Wife. Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband for any of the debt set forth herein above, Wife will at her sole expense, defend Husband against any such claim or demand, whether or not well-founded, and that she will indemnify and hold hannless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save hannless and keep the other or his or her estate indemnified and save hannless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save hannless the other from any and all claims or demands made against him or her by reason 10 of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. ; 13. Bankruptcv or Reorl!anization Proceedinl!s. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 14. Health Insurance. The parties mutually agree that each shall be responsible for maintaining his or her own health insurance until a Divorce Decree is issued by a Court of Law. 15. Alimonv. It is noted between the parties that Husband's annual income is approximately twice as much as Wife's annual income. However, in return for the terms and conditions herein, Wife hereby knowingly and otherwise voluntarily waives any right, claim, title, or interest which she may have unto alimony, alimony pendente lite, or spousal support payments from Husband. 16. Fun Disclosure. Each party hereto confIrms that he or she has relied on the completeness and substantial accuracy of fmancial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has 11 been no formal discovery conducted in their pending divorce action and that neither has filed an Inventory and Appraisement as required by ~3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any fOlmer contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 18. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as 12 used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in perfonnance by Husband or Wife of any of the obligations to be perfonned by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the tenns of this Agreement. 19. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully infonned as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circwnstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such 13 knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific perfonnance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 22. Indeoendent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 23 . Void Clauses. If any tenn, condition, clause or provision of this Agreement shall be detennined or declared to be void or invalid in law or otherwise, then only that tenn, 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. 24. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 14 25. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. Non-Mere:er. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 27. Disclosure and Waiver of Procedural Ri2hts. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defmed by the Pennsylvania Divorce Code. 15 b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the Court detennine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court detennines to be marital, and to set aside to a party that property which the Court detennines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 28. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax 16 implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 29. ReDresentation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T. Silliker, Esquire. Husband has been advised of his right to retain an independent counsel to represent him in this matter, however, being so advised that he is entitled to independent legal counsel, he hereby waives his right to the same. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year fIrst above written. ~^--~f- ~M~ 17 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF B.'_UFII~ &m/3Ee 1- /1)./]) SS: On this 3~ay of :::kLII ,2006, before me Subscriber, a Notary Public, for the Commonwealth o(Pennsylvania, came Joyce M. Lanphier, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. Witness my hand and Notarial se , e day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GAIL P. STRICKLER, Notlry Public Camp Hili Boro, Cumberland COlllty My Commission E.~!~.Feb. 3, 200.~ COMMONWEALTH OF PENNSYLVANIA COUNTY OF DA TlJl"UN (1M/3,!!,€!- /IN); Aod, ~ 4i//jhJ) Notary Public My Commission Expires: ~'f!t71- SS: On this Jhddayof -;JU./-.I/ ,200(i, before me Subscriber, a Notary Public, for the Commonwealth otPennsylvania, came Thomas M. Lanphier, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. ~.u~ Witness my hand and Notarial seal, the day and year aforesaid. COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GAIL P. STRICKLER, Notary Public Camp Hla Boro, Cumberland County My Commission Expires Feb. 3, 2007 18 Ad Y! ~lI'jjq) Notary Public My Commission Expires: .;1/.:y0 7- '\IYl,\VJY~rWI;r. 'H) .t:,:~~lYY~~~~~.~~. __M_"" ..__.-+-.',~,.~ '. r 1- jA];~ ..I:~ifi;"lnftf ...... ,:, < .,d.:l1'1 I(H;.1o~1 .~]j)t)!nTc.r:1 ";L~\~ 1 '(1WJo::': b"sh:'Hjfnt~:) .'::,10(1 .!iih qm~~,.!: \ '\OOS .t ..;:;1 ~:n;:}13 t10IUltlHi::.J '(~ '; ..r<._........_H..."..." '.,_._.~.-._..._..,_. __ ,'"J !; ,; /.i!!!~VJfZ/al:i:;;; -.; :.I.,;.jW.j':}i/;'.F,~~ JA32 'JAT~iAfoV'-' "'. : 0iku9 Y1B1oYJ ~5L1.J>t::Jin D '. .HA[') f '(1lluoO onsh9dlTw:J ,:::md !lid ql~'i"i~j ; toos .t .d,d z,"i~x3 no'"zJ!nn;~;) yM '---- ^- .... .... ..,....- .... .~,-_.."'-----.~^' (') '" C::~O ;;:.;~ -.., " ~.::;I .>---!' ._~. c-) .". '-"'.-} , ~~: =< ". c. (;) ~::n 01.- -om 256 =;j,..". <:; :n -0.0 (3m :i;! :r, ""< 0' "1:J J: ~ ., .l:"- I'\.) ++ if.:+: '+':+::+: "" . . + + + + + . + + + + + + + + . + + + + . + . + + + + + + . + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ct+:+::+: :+: .+ :+: 'f:+':+ + :+: if.:+. Of: +:+::+:+ :+::+::+::+:Of:if.:+::+:+:+'Of::+: ""+:+::+: .. :+. :+: :+. :+: '+' + + :+: :+ :+. ct ct :+: + :+ "'", + + + . + + . + + + . . + + + . + . + + + + + . . + + + + + + . + + + . + + . + . + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + . + + :+ct:t;:+++.:+.:+:+++++ .. .. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JOYCE MARIE LANPHIER Plaintiff No. 06-2317 VERSUS THOMAS MICHAEL LANPHIER Defendant DECREE IN DIVORCE AND NOW, z. y' , zeoc. . IT IS ORDERED AND (:j.L~ Iv.> l- I MARIE LANPHIER DECREED THAT JOYCE , PLAINTIFF, THOMAS MICHAEL LANPHIER AND . DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in Divorce. . URAi PROTHONOTARY + + ++'I''I''I''+''f+++++ + + + + . + + + + + . . + . . + + + + + + J. .,IT % ;y:r-: ~#, "JiJ. >P "J"ll'f' fr' Z /f/~~~?J"9 "JiJ 5b .. " .. ... "" ------- JOYCE MARIE LANPHIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2317 CIVIL TERM THOMAS MICHAEL LANPHIER, : CIVIL ACTION - LA W Defendant : IN DIVORCE MOTION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, comes the PlaintifflMovant, Joyce Marie Lanphier, by and through her attorneys, the Law Offices of Silliker and Reinhold, by Mark T. Silliker, Esquire, and respectfully moves this Honorable Court to enter the attached Stipulation for the Entry of Qualified Domestic Relations Order as an Order of this Honorable Court, and in support thereof, avers the following: 1. Plaintiff and Defendant are formerly wife and husband respectively, having been married on October 12, 1979, and divorced on August 24, 2006. 2. The parties executed a Marriage Settlement Agreement dated July 3, 2006, the terms of which entitled Defendant to One Hundred Thirty Two Thousand One Hundred Dollars ($132,100.00) of Plaintiff's IRA with Smith Barney Incorporated. 3. The parties have executed a Stipulation for the Entry of Qualified Domestic Relations Order on or about July 3, 2006, which incorporates the terms set forth in the parties' Marriage Settlement Agreement as they relate to Plaintiff's IRA. WHEREFORE, Plaintiff, Joyce Marie Lanphier, respectfully requests this Honorable Court enter the terms of the attached Stipulation for the Entry of Qualified Domestic Relations Order as an Order of this Honorable Court. Date: 1 / i J /) '" Respectfully submitted, THE LA W OFFICES OF SILLIKER & REINHOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 J.D. No. 33671 Attorney for Joyce Marie Lanphier JOYCE MARIE LANPHIER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06-2317 CNIL TERM THOMAS MICHAEL LANPHIER, : CNIL ACTION - LAW Defendant : IN DNORCE STIPULATION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the Plaintiff, Joyce Marie Lanphier, by her attorney, Mark T. Silliker, Esquire, and the Defendant, Thomas Michael Lanphier, pro se, and respectfully state the following: 1. The parties were divorced via Divorce Decree by this Honorable Court on August 24, 2006. 2. On July 3, 2006, the parties entered into a Marriage Settlement Agreement. The Marriage Settlement Agreement was incorporated into the parties' Decree in Divorce dated August 24, 2006, and is attached hereto and made part hereof as Exhibit "A". 3. Pursuant to said Marital Settlement Agreement, Defendant is to receive the sum of One Hundred Thirty Two Thousand One Hundred Dollars ($132,100.00) from Plaintiff's IRA with Smith Barney Incorporated. WHEREFORE, the parties hereto, intending to be legally bound, hereby jointly request that the attached Qualified Domestic Relations Order (QDRO) be issued by the Court. Date: f?tftl- , ;' M T. ILLIKER, Esquire Attorney for Joyce Marie Lanphier 7/k :+;T ~:+: +. !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O !+O ;f. !+O ;f. !+O !+O !+O 'f ;f. ;t ;f. ;f. !+O ;f. !+O ;f. ;f. !+O ;f. ;f. ;f. ;f. !+O !+O ;f. !+O ;f. ;f. ;f. ;t :+:;+: ~ ~ ~ :+: :+ :to: :f. ~:of.:+i +. +. +. +. +. +. +. +.:to: +.:+: +. +.:to: +.:of +. ~ +. +.:+i +. +'1 +. +. +.:of. +. +. +. +. :of +. +.:of. +. +. +. +. +. +. :+ :+: :+ +. :+ +. :+: +.:+ +,+ +. +. +. +. :+ ++ . + + + + + + + + + + + + + + + + + + + + + + + + + !+O + + + + !+O + + + + !+O + !+O !+O !+O + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JOYCE MARIE LANPHIER Plaintiff No. 06-2317 VERSUS THOMAS MICHAEL LANPHIER Defendant DECREE IN DIVORCE AND NOW, August 24 2006 , IT IS ORDERED AND DECREED THAT JOYCE MARIE LANPHIER , PLAI NTI FF, AND THOMAS MICHAEL LANPHIER , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; + The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in By TH E Cou RT: Kevin A. Hess ATTEST: J. Ce ootfOTHONOTARY EXHIBIT I {(A IJ (") ~; <' '-1 t""'" !'"T1.,.t- _...~;>- ~ ' ' :< l"oo.) = = CT' (/) m -0 N ~ :r m:D -urn :nd OJ., -~O -r~ 0"" -:,..( om -'-I ~ -0 :x ':? , , . . JOYCE MARIE LANPHIER, Plaintiff i Jef 2 2 2006 l'g< "'$ : IN THE COURT OF COMMON PL A$:::--cc"=,_. : CUMBERLAND COUNTY, PENNSYLVANIA 1 v. : NO. 06-2317 CIVIL TERM THOMAS MICHAEL LANPHIER, : CIVIL ACTION - LAW Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This matter having come before the Court, as a Decree in Divorce was granted on August 24, 2006, which included a Marriage Settlement Agreement containing certain provisions dealing with the IRA with Smith Barney Incorporated; The Court now Orders the following as required to carry forth such provisions: PARTIES TO THIS ORDER 1. Plan Participant and current address: Joyce Marie Lanphier, 106 Harrison Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Participant's Date of Birth: May 25, 1955 3. Participant's Social Security Number: 175-48-2527 4. Alternate Payee's Name and Address: Thomas Michael Lanphier, 106 Harrison Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 5. Alternate Payee's Date of Birth: June 29, 1949 6. Alternate Payee's Social Security Number: 199-40-0107 7. This Order applies to benefits under Plaintiff s IRA plan with -'--l^'n" " '~:1V ~f\.} f 2 :8 Hd 2- 1JO 900Z AtiV1C,\Ci.UDUd 3Hl .:10 38;3~O"{J31I:l " ... Smith Barney Incorporated, P.O. Box 12057, 11 North Third Street, Second Floor, Harrisburg, Pennsylvania 17101. RETIREMENT BENEFITS Smith Barney Incorporated is directed to transfer from the Plan Participant's Smith Barney IRA account the sum of One Hundred Thirty Two Thousand One Hundred Dollars ($132,100.00), to the Alternate Payee, Thomas Michael Lanphier, as soon as practical after the execution of this document. It is understood that Mr. Lanphier will set up his own retirement account into which these funds will be transferred. However, he may also receive these monies directly to him, in which case he would be responsible for any tax consequences. This Order does not require the Plan to provide any payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. Nothing contained in this Order shall in any way require the plan to provide any form, type, or amount of benefit not otherwise available by law. It will be the responsibility of each party to keep the Plan Administrator apprised of their current address. Each party to this Order will be responsible for the tax liabilities incurred incident to their receipt of their share of the pension plan awarded to them. I . . It is further Ordered that a true copy of this Order be served upon the agent for legal service for Smith Barney Incorporated, and shall take effect immediately and shall remain in effect until further Order of the Court. CUb~ "Z :: 2-t?O-f, Date BY THE COURT: ~/ld / / / I 1.