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HomeMy WebLinkAbout06-2396JOANNE HARRISON CLOUGH, ESQUIRE Attorney LD. No. 3(AU-i 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for CHRISTIANE STRICKHOUSER, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0C -p23g? oiuUlC - l DALE R. STRICKHOUSER, 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 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, Room 101, 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 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 1-800-990-9108 JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for CHRISTIANE STRICKHOUSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DALE R. STRICKHOUSER, Defendant NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien set emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 CHRISTIANE STRICKHOUSER, Plaintiff V. DALE R. STRICKHOUSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OLP -o)2R(v etuLC--a CIVIL ACTION- LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Plaintiff is Christiane Strickhouser, an adult individual who currently resides at 6 Marshall Drive, Camp Hill, Cumberland County, Pennsylvania, 17011 2. Defendant is Dale R. Strickhouser, an adult individual who currently resides at 7 Autumn Drive, Dillsburg, York County, Pennsylvania. 17019 Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married onNovember 14, 1969 in Germany. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there are no minor children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. r 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate Notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Respectfully submitted, Date: 3- z9 0(0 JOANNE HARRISON CLOUGH, PC Joa'firfC Harrison Clough, Attorney ID No.: 36461 24 N. 32"d Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff ffl? VERIFICATION I, Christiane Strickhouser, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Christiane Strickhouser r? 1 i ? c p_ CHRISTIANE STRICKHOUSER, Plaintiff V. DALE R. STRICKHOUSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2396 CIVIL TERM : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Valerie Faden, Esquire, acknowledge that I am legal counsel for Defendant Dale R. Strickhouser. I further acknowledge that I received a true and correct copy of a time stamped Complaint in Divorce filed on April 27, 2006 in the above captioned action by first class mail on the 1W , day of May, 2006 and I accept service of said Complaint on behalf of the defendant. Date: 5 3 ? Valerie I04den Attorney For Defendant 2807 Market Street Camp Hill, PA 17011 N P c A M _n t-n CHRISTIANE STRICKHOUSER, Plaintiff, V. DALE STRICKHOUSER, Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2396 CIVIL "TERM CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on April 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. G Date Dale Strickhouser Defendant 0 ?1 T^+ CHRISTIANE STRICKHOUSER, Plaintiff, V. DALE STRICKHOUSER, Defendant, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2396 CIVIL TERM : CIVIL ACTION -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. S-,- 3 Q 4 ,4 _aj?? A- =24? Date D ale Strickhouser Defendant 1 ,J ?? ??ry? r ? t v J ?"? r..,. ` `+?J ? ?? N T ): 1"0? ': MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN DALE R. STRICKHOUSER AND CHRISTIANE STRICKHOUSER Joanne H. Clough, Esquire 24 North 32"d Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Counsel for: Christiane Strickhouser n ? a 7) -v M C) rn Timothy J. Colgan, Esquire 130 West Church Street Suite 100 Dillsburg, PA 17019 Telephone: (717) 432-9666 Counsel for: Dale R. Strickhouser MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ? day of &Pi l , 2008, by and between CHRISTIANE STRICKHOUSER, of Harrisburg, Pennsylvania (hereinafter referred to as "WIFE"), and DALE R. STRICKHOUSER, of Dillsburg, Pennsylvania (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, the parties are HUSBAND and WIFE, having been married on November 14, 1969 in Germany; and WHEREAS, the parties have resolved it is not possible to continue the martial relationship between them for reasons known to them, in consequence of which they have lived separate and apart since July 8, 2005; and WHEREAS, the parties entered into an agreement to resolve the divorce related issues through the collaborative law process; and WHEREAS, Christiane initiated divorce proceedings in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed at CV-06-2396; and WHEREAS, service of said Complaint was accepted by HUSBAND's counsel on May 3, 2006; and WHEREAS, the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, the parties, intending to be legally bound, agree as follows: 1. ADVICE OF COUNSEL: Both parties agree and acknowledge that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE has obtained legal advice and representation from Joanne H. Cough, Esquire. HUSBAND has obtained legal advice and representation from Valerie J. Faden, Esquire, and on May 17, 2008 retained Timothy J. Colgan, Esquire to assume his representation. Both parties agree and acknowledge that they fully understand the facts upon which this Agreement is based, that they believe this Agreement to be fair and equitable under the circumstances, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of this Agreement is not the result of any duress, undue influence, collusion or improper or illegal Agreement or Agreements. 2. DISCLOSURE OF ASSETS: The parties warrant that they have given a full, complete and accurate disclosure of all assets, of any nature, whether or not the assets were held jointly or in one name alone. The remedies available to either party for violation of this provision shall be those remedies available pursuant to law and equity including the right to punitive and compensatory damages. 3. PERSONAL RIGHTS: WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to her or him may seem advisable. WIFE and HUSBAND shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by an means or in any manner whatsoever with her or him. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. EQUITABLE DISTRIBUTION: a. Real Estate HUSBAND and WIFE hereby agree and acknowledge that they own certain real property located at 7 Autumn Drive, Dillsburg, Pennsylvania and 61 May Drive, Dillsburg, Pennsylvania, as tenants by the entireties. WIFE hereby agrees to convey all her right, title and interest in 7 Autumn Drive to HUSBAND. WIFE agrees to execute a deed to effectuate this transfer at the time of the execution of this document. The parties acknowledge that there is an existing Home Equity Loan against this property held by Commerce Bank that had an approximate separation date balance of $42,466.00. HUSBAND has made all post separation payments and agrees to assume total liability for the Home Equity Loan. HUSBAND shall hold WIFE harmless and indemnify her from liability for this obligation and other obligations arising from this property. Since the parties separated, HUSBAND has received payments toward this mortgage obligation from their daughter, Jenny, in the amount of $14,400.00. HUSBAND shall pay to WIFE one half of this amount or $7,200.00 not later than December 31, 2008. This payment shall be part and parcel of the Equitable Distribution of the parties' marital estate hereunder. In consideration of HUSBAND's assumption of the Home Equity Loan on this property, the servicing the debt since the parties' separation and the payment to WIFE outlined herein, WIFE agrees to the deferred distribution of payments to her from HUSBAND's pension pursuant to sub-paragraph (d) herein. HUSBAND hereby agrees to convey all his right, title and interest in 61 May Drive to WIFE. HUSBAND agrees to execute a deed to effectuate this transfer at the time of the execution of this document. WIFE shall hold HUSBAND harmless and indemnify him from any liabilities or obligations arising from this property. b. Household and Personal Property The parties stipulate and agree that the value of their respective marital personal property was approximately $10,330.00 as of the date of separation. WIFE has received $2,800.00 of that personal property and HUSBAND has received $7,130.00 of that personal property. The parties agree that their household and personal property has been divided to their mutual satisfaction. Each party specifically waives, releases, renounces and forever abandons whatever claim he or she may have with respect to all household and personal property in the possession of the other which shall become the sole and separate property of the other from the day of the execution of this Agreement. HUSBAND shall retain as his sole and separate property the 2 cemetery plots located at Barrens Church, Dillsburg, Pennsylvania. WIFE agrees to execute any documents necessary to effectuate this transfer within thirty (30) days of the execution of this document. c. Motor Vehicles: The parties agree that WIFE shall retain possession of and receive as her sole and separate property the 2005 Honda CRV, which she drives, along with all rights under any insurance policy thereon. WIFE shall assume total responsibility for payment of any loans, insurance premiums or fees associated with this vehicle. HUSBAND agrees to execute any documents necessary to effectuate this transfer within thirty (30) days of the execution of this document. The parties agree that HUSBAND shall retain possession of and receive as his sole and separate property the 2004 Honda Hybrid, which he drives along with all rights under any insurance policies thereon. HUSBAND shall assume total responsibility for payment of any loans, insurance premiums or fees associated with this vehicle. WIFE agrees to execute any documents necessary to effectuate this transfer within thirty (30) days of the execution of this document. d. Pensions and Retirement Benefits: HUSBAND is the owner of an IRA through State Farm (approximate value $17,456.00). HUSBAND shall retain as his sole and separate property, free from any right, title, claim or interest of WIFE an amount from his State Farm IRA so as to make the overall distribution of assets between the parties 50% to each per the attached worksheet attached hereto as Exhibit A. The balance of said account in the amount of $15,674.50 shall be transferred to WIFE via a Qualified Domestic Relations Order (QDRO) to be prepared by WIFE at her sole cost and expense. WIFE shall retain as her sole and separate property, free from any right, title, claim or interest of HUSBAND, WIFE's Fidelity 401K (approximate value $7,132.00), and WIFE's State Farm IRA (approximate value $30,540.00) and WIFE's monthly pension payments (approximate anticipated benefit $480.00 per month through February 1, 2010 and $278.37 thereafter). HUSBAND's monthly pension payments as a result of his employment with the Federal Government (gross monthly benefit of $2,109.00 per month) include non-marital Social Security payments ($829.00 per month). The parties stipulate and agree that HUSBAND shall transfer to WIFE the sum of $501.00 per month via Qualified Domestic Relations Order (QDRO) effective February 1, 2010. HUSBAND shall be responsible for the preparation and cost of the QDRO. HUSBAND shall maintain the Survivor Benefit on his retirement plan. The parties previously selected a survivor benefit for WIFE at the time of HUSBAND's retirement and said survivor benefit shall be preserved in WIFE's favor and WIFE shall receive said survivor benefit if HUSBAND predeceases WIFE. e. Joint Bank Accounts: HUSBAND and WIFE have owned various accounts during their marriage in both their joint and individual names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in any accounts. The marital value of the joint accounts was approximately $4,420.00 as of the date of separation. HUSBAND received said sums as his sole and separate property. f. Debts Owed to the Parties: As of the date of separation, the parties' children owed them certain debts. Their son, Michael, owed them approximately $3,600.00 and their daughter, Jenny, owed them approximately $4,915.00. WIFE shall retain the debt owed by the parties' son and any payments thereon as her sole and separate property. HUSBAND shall retain the debt owed by the parties' daughter and any payments thereon as his sole and separate property. g. Miscellaneous Property. Any and all additional property not specifically addressed in this Agreement shall be hereafter owned by the party to whom the property is titled, and if untitled, the parry in possession. This Agreement shall constitute a sufficient bill of sale to transfer any and all rights of such property from one party to the other. WIFE shall receive the cuckoo clock and the hope chest currently at the 7 Autumn Drive residence. HUSBAND shall receive the beer stein currently in WIFE's possession given to him by WIFE's brother. 5. DISTRIBUTION OF LIABILITIES: a. Ongoiniz Liabilities: Each party shall assume the debts, encumbrances, taxes, and liens on all the property he or she will hold subsequent to the execution date of this Agreement. b. Past/Future Liabilities: Each party represents and warrants to the other that she or he has not incurred and will not at anytime in the future incur any debt, obligation, or other liability on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or incurs it, and that party agrees to pay it, and to indemnify and hold the other party and her or his property harmless from any and all such debts, obligations and liabilities. c. Indemnification of Wife: If any claim, action or proceeding is hereinafter initiated seeking to hold WIFE liable for the debts or obligations assumed by HUSBAND under this Agreement, HUSBAND will, at his sole expenses, defend WIFE against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by WIFE in connection therewith. d. Indemnification of Husband: If any claim, action or proceeding is hereafter initiated seeking to hold HUSBAND liable for the debts or obligations assumed by WIFE under this Agreement, WIFE will, at her sole expense, defend HUSBAND against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by HUSBAND in connection therewith. 6. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs. 7. INCOME TAX: The parties have heretofore filed joint income 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 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. 8. MUTUAL COOPERATION: Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with this provision, that party shall pay o the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 9. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specifically provided in this Agreement, effective upon the execution date, WIFE and HUSBAND waiver all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest. Each party waives any additional rights which that party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. WAIVER OF BENEFICIARY DESIGNATION: Unless otherwise specifically set forth in this Agreement, each party specifically waives all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, and each party expressly states that it is her and his intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. However, in the event that either party specifically designates the other party as a beneficiary after the date of execution of this Agreement, then this waiver provision shall not bar that party from qualifying as such beneficiary. 11. RELEASE OF CLAIMS: WIFE and HUSBAND agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to the Pennsylvania Divorce Code, and WIFE and HUSBAND waiver any right to division of their property except as provided for in this Agreement. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and her or his heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, 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 testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. Except for the obligations of the parties contained in this Agreement and such rights are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. WAIVER OF PROCEDURAL RIGHTS: This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with 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 the martial estate. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code 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 the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital d. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement, or any possible claims not addressed in this Agreement 13. PRESERVATION OF RECORDS: Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. SEVERABILITY: If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 15. MODIFICATION/BREACH: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties. If either party breaches any provision of this Agreement, the other party shall have the right, to sue for damages for such breach, or seek such other remedies or relief as may be available t o her or him. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH: The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach of any provision of this Agreement. 17. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This agreement shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as HUSBAND and WIFE or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms unless made in writing by the parties. 20. HEADINGS NOT PART OF AGREEMENT: Any headings preceding the text of the several paragraphs and subparagraphs are inserted solely for convenience of reference and shall not constitute a apart of this Agreement nor shall they affect its meaning, construction or effect. 21. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 22. ENTIRE AGREEMENT: Each party acknowledges that she or he has carefully read this Agreement, that she or he has discussed its provisions with an attorney of her or his own choice and has executed it voluntarily. This instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and imply, and not strictly for or against either of the parties. 23. AGREEMENT TO BE INCORPORATED BUT NOT MERGED: This Agreement shall be incorporated in a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Pennsylvania Divorce Code, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 24. COLLABORATIVE LAW PROCESS: The parties acknowledge that the provisions of this Agreement were established through the collaborative law process and that this process best serves the parties' long term goals, which required continued cooperation, communication and civility. Therefore, the parties agree that any issues which may arise concerning subjects covered by this Agreement, including modification and/or breach, shall be addressed through the collaborative process (pursuant to the parties' November 4, 2005 Collaborative Law Participation Agreement) if the parties are unable to resolve the issues independently. 25. CONSENTS TO DIVORCE AND WAIVER OF NOTICE OF INTENT TO FINALIZE DIVORCE: Both parties specifically agree to execute Consents to Divorce and Waivers of Notice of Intention to seek entry of final decree contemporaneously with the execution of this Agreement. WIFE's counsel shall promptly petition the Court for entry of Final Decree in Divorce. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the Counsel for Wife &:: , yarfi.:; ? DALE R. STRICKHOUSER 4UA??? Timothy J. an, sq. Counsel for Husband dates of their acknowledgments. COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF On this, the --?3 day of 2008, before me, a notary public, personally appeared CHRISTIANE TRICKHOUSER known to me or satisfactorily proven to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. My Commission Expires: NOTARY P LIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHARRY D. SEMANS, Notary Public Ci of Harrisburg, Dauphin County 'on Expires July 25, 2010 COMMONWEALTH OF PENNSYLVANIA COUNTY OF : SS On this, the day of ADQ? 2008, before me, a notary public, personally appeared DALE R. STRICWHOUSER known to me or satisfactorily proven to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. OTARY PUBLIC I- ??? My Commission Expires: MONWEALTH OF PENNSYLVANIA Notariel Seal rz=*Sion r WAS Roberts, Nolary Public Dlllloburg Bm, York County E*m Aug. 22, 2010 Me 'W, PerKavl 18 A> , of Notaries k G' A O N M CD 0 0 0 0 (1) c r- d n9ovPco- :3. 3 Q me p a( d 0 g =r w cn -o, O ? d 0 W- 0 CD CD$ o v? c ?0"CD m (D -0 K O Vl S c 3 o O 3 CD N 0 3 c (D y CL N L &9 .. ?JI 69 -? fA EA 69 b9 O .a V t0 V V fg NINA -+ <O A V V 01 O O O O PPP.-- 0 A O t? 000 000 Cn O e 0 000a 000c, O to lea lw X71 EA -& EA 69 FA " W EA O • / V t0 Na W (A O V N S N IV O W 0 M -? O ?. +NO O O O O O ? 0 C O O O O O O O O O O -1 OTWOKO=**>M V 6- (o @ S :1 C M. 3 y In C- m O O y S N 0 3 m m w 3 ? ?y c -- ao ?pM. 0 m o . v? ??" m N O Q O N CD ^ c O ?. O ? CD D A O O 3 y fA E!9 (!? EA 6j ? Ul 4h. 0 O W 4-A ? W<AU1O ? ? V O V O N ? m O W O" N O 0P . . 0 0 fOA W OOO V1000-+? 00 W O 0 0 0 0 0 0 0 0 0 0 0 N N O O O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 M EA 69 co 69 EA to EA -? W S O W??? V O ?V ? N O A W 0W A -4?Cfl-OO W OOO V1000 4 X00 .? C 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 co O c w CHRISTIANE STRICKHOUSER, Plaintiff V. DALE R. STRICKHOUSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2396 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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: CHRISTIANE STRICKHOUSER { C ° q ,._ _ to rj` f ?s c n C.!"C CHRISTIANE STRICKHOUSER, V. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA DALE R. STRICKHOUSER, Defendant NO. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE: i _zlleoaxQa.b fpfr, aaw4w CHRISTIANE STRICKHOUSER i q Tr ... n rrn CA C-n CHRISTIANE STRICKHOUSER, Plaintiff V. DALE R. STRICKHOUSER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2396 Civil Term CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: May 3, 2006 (b) Manner of service: United States Mail. Affidavit of Service filed: May 17, 2006 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff. signed on q -15-- .71 , 2008 and filed simultaneously with this document. (b) By the Defendant: signed on August 8, 2008 and filed September 8, 2008. (c) Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (d) By the Plaintiff. signed on C1 - (1; - 01 , 2008 and filed simultaneously with this document. (e) By the Defendant: signed on August 8, 2008 and filed September 8, 2008. DATED: Related claims pending: NONE t? ?tz?"6 Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff ? to T -{ ` -v rn"" r - rn ? _ C71 ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRISTIANE STRICKHOUSER Plaintiff VERSUS DALE R. STRICKHOUSER No. 06-2396 Defendant DECREE IN DIVORCE Sp p t11 2001, AND NOW, IT IS ORDERED AND CHRISTIANE STRICKHOUSER DECREED THAT DALE R. STRICKHOUSER AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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; The terms of the attached Marital Settlement Agreement executed by the parties on April 23, 2008, are incorporated but not merged with this Decree BY THE COURT: Aw ST. n J. P ROT4 OMI OTA RY ,O?v ?, ?? 'Ar? 44V -14T hr ?i Lo 0EC d 5 20'96 Christiane Strickhouser IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Dale R. Strickhouser NO. 06-2396 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Dale R. Strickhouser ("Participant") is a Participant in the Plan. Christiane Strickhouser ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Dale R. Strickhouser 7 Autumn Drive Dillsburg, PA 17019 Social Security No.: 203-36-8290 Date of Birth: February 23, 1947 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: DIRO Page 2 of 3 Christiane Strickhouser 6 Marshall Drive, Apt. J5 Camp Hill, PA 17011 Social Security No.: 167-52-1603 Date of Birth: January 6, 1948 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The Participant is currently retired and receiving a monthly benefit under the Plan. Upon retirement he elected to provide a survivor annuity to Christiane Strickhouser. 8. This DRO assigns to Alternate Payee an amount equal to $501.00 of the Participant's gross monthly annuity effective February 1, 2010. The Alternate Payee's benefit shall not be increased for any cost-of-living adjustments. 9. Payments to Alternate Payee shall commence on February 1, 2010. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 10. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall be paid to her estate. 11. Upon the death of the Participant, the Alternate Payee shall receive a survivor annuity in accordance with the survivor annuity election made by the Participant upon his retirement. 12. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. DRO Page 3 of 3 13. The Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 15. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment or right of the Court to so amend will invalidate this Order. Accepted and Ordered this 15 day of &,4? Dbl. BY THE COURT CONSENT TO ORDER: Judge Plaintiff/Alternate Payee Date DefendantlParticipant Date Atto or laintiff/ Date Alternate Payee Attorney f nt/ Date Participant --X7 &WR - r ? f ! 6 ? !? ! 330 900Z ?v