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HomeMy WebLinkAbout06-4679O Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. Ol. - AII0 f (21U t L"- STEVEN F. WEBER, 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, Plaintiff V. STEVEN F. WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OL -'q' M 1.. 6(JV??--" l CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Christine M. Weber, an adult individual residing at 1039 Chelmstead Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Steven F. Weber, an adult individual residing at 3439 Green Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on May 14,1977, in Montgomery County, Maryland. 5. There are two children born of this marriage: Robert M. Weber, born December 15, 1987; and the minor child Julie C. Weber, bom May 1, 1990. 6. The parties separated on March 31, 2005. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I-DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, Christine M. Weber, prays this Honorable Court to enter judgment: A. Awarding Plaintiffa decree in divorce; and B. Awarding other relief as the Court deems just and reasonable. Dated: 2006 Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, : IN THE COURT OF COMMON PLEAS Plaintiff V. STEVEN F. WEBER, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unworn falsification to authorities. Dated: 'In CHRISTINE M. WEBER Barbara Suniple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, Plaintiff V. STEVEN F. WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Christine M. Weber, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: F //O ODD /1W . "-/'(w Christine M. Weber ?v WAD e ?o P ( ri OT (1 ? J Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, Plaintiff V. STEVEN F. WEBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4679 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7005 1820 0002 7613 2525, Return Receipt Requested, on the above-named Defendant, Steven F. Weber, on or about August 19, 2006 at Defendant's last known address: 3439 Green Street, Camp Hill, PA 17011. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unworn Dated: August 21, 2006 13ar`5ara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID 432317 Attorney for Plaintiff of Ln iDomestic Mail Only; No in surance C .. overage IrI IAL U . .. n I` 10.63 0070 pwtnpe d No cemflwFee $2.40 04 MBtRtq v y p Rsarm Rsosipt Fee 11.85 S' H ? n 0 (EMOfstMid Required) W 0 O Reabted Delvoy Fee 13.70 z i t A N Tasagesmem Required) BD r9 ToWPostage &Fees $ ?• S 9 6n . ------------------------ • }*t your nerre end address on the reverse W MW we can rebxn the card to you. It PMMCh thla card to the back d the ms0piiece, or on the trord M apiece permits. 1. Adkle Acidretaed to: y3q ?gCs,¢,n `J?? ?-yp 41 ? AO6rt >r ? Ad6iiiiiiiiiIiiiiiii S. Received by (PMbd Mp* 11 C, Data of OBMy Iw-4q -0 (v D. Is ddwry address ditwd aom Mae l7 u rea M YES, ardor deMtiry addna bdow: ? No e. Swvbe ype ? cwwad Mal ? Ep•• Mel ? A.ptared ? F1ebmRebelptrorMw dwWW 17 kwaad Mal ? moix t !jjLVj!fi/r" 7005 1820 0002 7613 2525 ` 06 tasnn 9611, tTaMiamY 0tl04 taoaraa asses Rawp ,gr.auM,e, Exhibit A r? N a O 'S'1 [F- r"a rnm X 7 7 5 ca rn 0 u. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this Ir day of NOIL-, 2007, by and between Christine M. Weber, hereinafter referred to as "WIFE", and Steven F. Weber, hereinafter referred to as "HUSBAND". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on May 14, 1977, in Potomac, Maryland; WHEREAS, two (2) children were born of this marriage being Robert M. Weber, born December 15, 1987 and Julie C. Weber, born May 1, 1990. Robert is emancipated and Julie is a minor residing with WIFE. WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor child, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by Final-4/4/07 reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Valerie J. Faden, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. Final-4/4/07 2 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional Final-4/4/07 3 information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference Final-4/4/07 4 but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each parry hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her 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 or otherwise, 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 or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as 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 or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either parry to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether Final-4/4/07 the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as 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 parry ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABUATY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. Final-4/4/07 6 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. SECTION H EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the Final-4/4/07 disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE, with the exception of those items listed on Exhibit "A." WIFE agrees to store the items listed on Exhibit "A" for HUSBAND at 1039 Chelmsford Drive, Mechanicsburg, until HUSBAND requests them or until WIFE requests those items to be removed from the home but in no event later than March 31, 2009. WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND, with the exception of the item listed on Exhibit "B". WIFE shall retrieve the item listed on Exhibit "B" which is currently located at 3439 Green Street, Camp Hill when HUSBAND moves from the townhouse, or upon the request of WIFE but in no event later than March 31, 2009. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. B. REAL ESTATE 1. 1039 Chelmsford Drive: The parties jointly own property at 1039 Chelmsford Drive, Mechanicsburg, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage held by Community Banks in the approximate amount of ONE HUNDRED SIXTY Final-4/4/07 8 EIGHT THOUSAND DOLLARS ($168,000.00). WIFE desires to maintain said home and reside therein. HUSBAND agrees to convey his interest in the real estate to WIFE upon the condition that WIFE refinances the existing mortgage debt and pays to HUSBAND the sum of TEN THOUSAND DOLLARS ($10,000.00). WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND agrees to execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys and transfers to WIFE all of his interest, rights and title in the marital residence. This deed shall be held in escrow by the attorney for WIFE and recorded upon the event of WIFE'S successful completion of the refinancing of the mortgage debt and the cash payment to HUSBAND of TEN THOUSAND DOLLARS ($10,000.00). WIFE shall refinance the property and make the payment of TEN THOUSAND DOLLARS ($10,000.00) to HUSBAND within NINETY (90) days of the date of this Agreement. 2. Marlboro Building: HUSBAND has an interest in property located in New York City, New York. This was gifted to HUSBAND by his father during the marriage. WIFE waives any and all claims to this property, including any increase in value during the marriage. C. MOTOR VEHICLES The parties acquired two (2) vehicles during the marriage being a 2004 BMW 325xi driven by HUSBAND and a 2004 Buick Rendezvous driven by WIFE. The 2004 BMW 325 xi is encumbered by a loan from Chase Bank with an approximate value of TWENTY-EIGHT THOUSAND SIX HUNDRED DOLLARS ($28,600.00). The parties acknowledge that they Final-4/4/47 9 Il have sold the Buick Rendezvous and have divided the proceeds equally. The parties agree that HUSBAND shall have the 2004 BMW 325 xi as his sole and separate property and he shall be solely liable for all sums remaining due and payable on the debt to Chase Bank. HUSBAND further agrees to indemnify and hold WIFE harmless for any and all costs or expenses related to the Chase Bank encumbrance or any other encumbrance on said vehicle. D. INVESTMENTS The parties agree to the following division of investment and financial accounts: (1) WIFE is the owner of an Employee Stock Purchase Plan through Community Banks with an estimated date of separation value of SIX THOUSAND FIVE HUNDRED FIFTY-ONE DOLLARS and 33/100 ($6,551.33) and additional Stock Options also through Community Banks with an estimated date of separation value of TWENTY-FIVE THOUSAND THREE HUNDRED FIFTY-EIGHT DOLLARS and 80/100 ($25,358.80). WIFE shall retain these investments as her sole and separate property. HUSBAND waives any and all claims to said investments. (2) HUSBAND is the owner of Stock Options through EDS with an estimated date of separation value of THREE THOUSAND FOUR HUNDRED EIGHTY-NINE DOLLARS and 85/100 ($3,489.85). HUSBAND shall retain these investments as his sole and separate property. WIFE waives any and all claims to said investment. Final-4/4/07 10 e E. FINANCIAL ASSETS: The parties acknowledge that the marital financial accounts which existed at the time of separation have been divided to the satisfaction of the parties. All jointly titled accounts have been closed. F. PENSION AND RETIRMENT ACCOUNTS: During the marriage, WIFE accumulated certain retirement benefits. These benefits consisted of an American Century Investment IRA (Acct. No. 022-001011613) with an estimated date of separation value of FIFTEEN THOUSAND FIFTY-FOUR DOLLARS and 91/100 ($15,054.91) and a John Hancock Community Banks 401(k) Plan (Contract No. 83498) with an estimated date of separation value of FIFTY-NINE THOUSAND SEVEN HUNDRED NINETY-NINE DOLLARS and 94/100 ($59,799.94). WIFE shall retain these retirement accounts as her sole and separate property. HUSBAND waives any and all claims to these accounts. During the marriage, HUSBAND also accumulated certain retirement benefits through his employment. These benefits consisted of an EDS 401(k) Plan with an estimated date of separation value of ONE HUNDRED FIFTY-FIVE THOUSAND FOUR HUNDRED FIFTY- SEVEN DOLLARS and 56/100 ($155,457.56) and an EDS Pension Plan with an estimated date of separation value of EIGHTY-FIVE THOUSAND NINE HUNDRED FIVE DOLLARS and 38/100 ($85,905.38). It is agreed that HUSBAND shall transfer to WIFE the sum of TEN THOUSAND DOLLARS ($10,000.00) from HUSBAND'S EDS 401(k). This sum shall be Final-4/4/07 11 a transferred to WIFE pursuant to a Qualified Domestic Relations Order or similar authorized method to effectuate a tax free rollover so that said transfer shall not result in the imposition of any tax liability to either parry. HUSBAND shall be responsible for preparing the documents necessary for the transfer of the sum of TEN THOUSAND DOLLARS ($10,000.00) from the plan to WIFE. These documents shall be completed and the transfer of TEN THOUSAND DOLLARS ($10,000.00) made to WIFE within NINETY (90) days of the date of this Agreement. Subsequent to this transfer, all remaining monies in HUSBAND'S EDS 401(k) Plan shall be the sole and separate property of HUSBAND. WIFE hereby waives any and all claims to said sums as well as HUSBAND'S EDS Pension Plan. G. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other parry may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other parry or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. The parties represent that there are no debts due and owing of the marriage. Final-4/4/07 12 J, , SECTION III 1. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE, SUPPORT MAINTENANCE AND COUNSEL FEES. Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony pendente lite or counsel fees. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite, maintenance or counsel fees. SECTION IV CHILD SUPPORT AND CUSTODY 1. CHILD SUPPORT As a material term of this agreement, the parties agree that HUSBAND shall pay to WIFE, at minimum, child support for the parties' minor daughter, Julie, in the amount of ONE THOUSAND ONE HUNDRED FIFTY DOLLARS ($1,150.00) per month. This payment shall be due to WIFE on the Vt day of each month beginning May 1, 2007. This monthly payment shall cease on May 2, 2008, after the child's eighteenth (18) birthday. In addition to the child support obligation, each party will pay one half (1/2) of Julie's car insurance and other extraordinary expenses incurred for their minor daughter. HUSBAND will also pay ONE HUNDRED PERCENT (100%) of the cost of health and dental insurance for the parties' minor daughter as Final-4/4/07 13 long as she remains a full time student and he is able to obtain same through his employment. WIFE agrees that HUSBAND will be entitled to claim the child as a dependent for tax purposes for tax year 2007. 2. CHILDREN'S TAP ACCOUNTS The parties have established individual TAP college savings accounts for their children. It is agreed that HUSBAND shall be the owner and administrator of the accounts and WIFE shall be the alternate administrator. All monies shall be held in the children's individual TAP accounts until the child reaches the age of TWENTY-FIVE (25). If the child has not completed college or extinguished the account in full through educational disbursements prior to that time, the remaining balance shall be divided equally between and distributed to HUSBAND and WIFE. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed M. WEBER G Alt WITNESS STEVEN F. Final-4/4/07 14 COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Christine M. Weber, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. ands scribed to before me this day of 401j, 2007. NOTARY PUBLIC NOTARIAL SEAL BARBARA SUMPLE-SULLIVAN Public My commission expires: N Y NEwCUMBERtERLAND BOROUGH (SEAL) CUMBERLAND COUNTY My Commission Expires Nov 15, 2007 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF 66p-e- 'v, ) SS. (? v m ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Steven F. Weber, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. T# Affirmed and subscribed to before me this 1 day of / L 2007. NOTARY PUBLIC My commission expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA L Notarial Seal Gail F. Hess, Notary Public Hampden Twp., Cumberland County My Commission Expires Apr. 15, 2010 Member, Pennsvivania Association of Notaries Final-4/4/07 15 ,. r. ,. 1. Dining Room set (table, chair, buffet); 2. Oil Painting and Glass Shelves in Dining Room; 3. White Dish set and Crystal Wineglass set in Dining Room; 4. "Primitive" Sailboat picture in Family Room; 5. Duck picture in Family Room (** maybe); 6. Outdoor furniture on front porch and Outdoor Furniture on rear patio (old stuff); 7. Baker's Rack and Oak Cabinet in Kitchen; 8. "Windsurfer" Sailboat picture in Kitchen; 9. 2 Folding Chairs and (1) Ladder in Garage; 10. Tools in Garage and Basement; 11. Pool Table in Basement; 12. Pictures (all) and Ship's Clock in Basement; 13. Furniture in Basement (couch, tables, lamps, shelves, work bench, desk, chest); 14. Electronics in Basement (TV, stereo); 15. Treadmill and Exercise equipment in Basement; and 16. Refrigerator in Basement. EXHIBIT "A" f'? ? r.j .?, ? " . ?-.- =? -t:? ?? ;iii ? ,? _t ?? d ,.. , T.y _.?. _?_ F y ?? ,e ? ? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN F. WEBER, Defendant : NO. 06-4679 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 15, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: CHRISTINE M. WEBER a -TI t }C1 rn M CID Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, : IN THE COURT OF COMMON PLEAS Plaintiff V. STEVEN F. WEBER, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4679 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: / CHRISTINE M. WEBER CD .u=• _ `?J 1 ^\ Barbara Sample-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. STEVEN F. WEBER, Defendant : NO. 06-4679 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 15, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authoritie DATE: 0 ,t/-/ r-41 77 0. X ? Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, IN THE COURT OF COMMON PLEAS Plaintiff v. STEVEN F. WEBER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4679 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 statement herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: Y/,Y/o 7 ..,4 ?,_ ?X STEVEN F. WEBER N `? / CF" •% Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner CHRISTINE M. WEBER, : IN THE COURT OF COMMON PLEAS Plaintiff V. STEVEN F. WEBER, Defendant To the Prothonotary: CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-4679 : CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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: Certified Mail - Restricted Delivery on August 19, 2006. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: April 4, 2007; by Defendant: April 4, 2007. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated April 4, 2007 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce w fil d with Prothonotary: April 9, 2007. Date Defendant's Waiver of Notice in §3 (c) vorce was filed with Prothonotary: April 9, 2007. Dated: April 5, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Counsel for Petitioner CHRISTINE M. WEBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4679 STEVEN F. WEBER, CIVIL ACTION -LAW Defendant IN DIVORCE correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Valerie J. Faden, Esquire 676 Villa Vista. Avenue Lewisburg, PA 17837 DATED: April 5, 2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff I- C? {J ; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRISTINE M. WEBER, Plaintiff VERSUS STEVEN F. WEBER, N 0. 06 - 4679 Defendant DECREE IN DIVORCE AND NOW, 17 2007 , IT IS ORDERED AND DECREED THAT CHRISTINE M. WEBER , PLAINTIFF, AND STEVEN F. WEBER ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the marital Settlement Agreement reached by the parties dated April 4, 2007 and incorporated, but not merged, into the Decree. PROTHONOTARY l'.,??'r _, . ?a. i ?'. & P ,?? ?:, '? ?. ? " t., ;,<'• Barbara Suxnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, : IN THE COURT OF COMMON PLEAS Plaintiff V. STEVEN F. WEBER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4679 CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE is hereby given that Plaintiff in the above-captioned matter, having been granted a final decree in divorce on the 1761 day of April, 2007, hereby intends to resume and hereafter use the previous name of Christine E. Martin and gives this written notice avowing her intention in accordance with the provisions of the Act of 54 Pa. C.S. §704. at??v'-W- kk'e?ev CHRISTINE M. WEBER TO BE KNOWN AS: COMMONWEALTH OF PENNSYLVANIA CHRISTINE E. MARTIN . SS. COUNTY OF CUMBERLAND On this, the 1 day of , 2007 before me, a Notary Public the undersigned officer, personall paced Christine M. Weber, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the foregoing Notice of Intention to Resume Prior Name for the purposes contained therein. IN WITNESS WHEREOF, I hereunto set my hand and official seal. BARBARA SUMPLE-SUIINAN NOTARY PUBLIC Notary Pubic NEWCUMBERLAND BOROUGH MY Commission Expires: CUMBERLAND COUNTY My Commission Expires Nov 15, e (SEAL) f'I ? i ; ? f77 v -43 N ro C? v_ 1 c' F lC MAY 312007 yV Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE M. WEBER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4679 STEVEN F. WEBER, CIVIL ACTION -LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER EDS Defined Contribution Plans This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined benefit plan, which is qualified under Section 401 of the Internal Revenue Code (the "Code"). This Order is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This order is entered pursuant to the authority granted under the applicable domestic relations laws of the Commonwealth of Pennsylvania. 1. PLAN This Order applies to the EDS Defined Contribution Plan indicated below (the "Plan") Any successor to this Plan shall also be subject to the terms of this Order. 9 EDS 401(k) Plan ? EDS Puerto Rico Savings Plan ? Other: 2. PARTICIPANT The name, address, Social Security number, and date of birth of the participant are as follows: Name: Steven Floyd Weber Address: 3439 Green Street, Camp Hill, PA 17011 Social Security number: 096-38-7166 Date of Birth: October 5, 1956 • 3. 4. ALTERNATE PAYEE The person named as Alternate Payee meets the requirements of the definition of Alternate Payee as set forth in Section 5 below. The Alternate Payee's name, address, Social Security number, date of birth, and relationship to the participant are as follows: Name: Christine Martin Weber Address: 1039 Chelmsford Drive, Mechanicsburg, PA 17050 Social Security number: 217-74-0074 Date of Birth: February 21, 1957 Relationship to Participant: Spouse DEFINITIONS Alternate Payee The alternate payee is any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable under the Plan with respect to the participant. Assignment Date The assignment date is the date on which the participant's vested account balance will be valued in order to determine the alternate payee's designated portion. Liquidation Date The liquidation date is the date a portion of the participant's account is liquidated to allow the payment to the alternate payee's account under this order. An assignment as of the liquidation date assigns a portion of the participant's current account. Vested Account Balance The participant's vested account balance is the participant's benefit as if he/she terminated employment and received a distribution on the assignment date. QDRO Administration Cost An $850.00 QDRO administration fee will be charged to the participant and alternate payee on a pro rata basis. If the fee is to be split in a different 4 ? proportion, it must be stated in the order how the fees are to be divided. 5. BENEFIT PAYABLE TO THE ALTERNATE PAYEE The Order assigns to the Alternate Payee an amount equal to TEN THOUSANDDOLLA.RS ($10,000.00) of the Participant's vested account balance under the Plan as of the liquidation date. [The assigned amount cannot be greater on the liquidation date than the net vested account balance after any outstanding loan balances have been deducted.] Please note that the $850.00 QDRO administration fee will be paid solely by Participant. 6. FORM OF PAYMENT The Alternate Payee shall receive the portion of the Plan benefits assigned to the Alternate Payee in a single lump-sum payment. Such amount shall be adjusted for earnings/losses from the liquidation date to the date the benefit is paid. The Alternate Payee will have the opportunity to roll over this distribution into an IRA or another qualified plan. 7. COMMENCEMENT The Alternate Payee shall receive payment as soon as administratively reasonable following the determination that this Order is a Qualified Domestic Relations Order. 8. DEATH PROCEDURES If the Participant predeceases the Alternate Payee prior to payment of the Alternate Payee's assigned benefits under the Plan, the Alternate Payee's benefits will not be affected. In the event of the Participant's death, the account balance which remains the property of the Participant, will be payable to the Participant's designated beneficiary or in accordance with Plan provisions. This Order does not require the Participant to name the Alternate Payee as the beneficiary for the benefits not assigned to the Alternate Payee. In case of the death of the Alternate Payee prior to distribution of the Alternate Payee's benefits from the Plan, the assigned benefits will be paid to the Alternate Payee's designated beneficiary or, if none, in accordance with Plan provisions. 9. RETENTION OF JURISDICTION This matter arises from an action for divorce or legal separation in the court under the case number set forth at the beginning of this Order. Accordingly, this court has jurisdiction to issue this Order. r + l In the event the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, both parties shall cooperate with the Plan Administrator in making any changes needed for it to become qualified. This includes signing all necessary documents. For this purpose, this court expressly reserves jurisdiction over the dissolution proceeding involving the Participant, the Alternate Payee and the Participant's interest in the Plan. 10. LIMITATIONS Pursuant to Section 414(p)(3) of the Code and except as provided by Section 414(p)(4), this Order: (i) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) Does not require the Plan to provide increased benefits; and (iii) Does not require the payment of benefits to an Alternate Payee that are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order. 11. TAXATION For purposes of Sections 402 and 72 of the Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of the Order and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distributions. 12. SUSPENSION OF BENEFITS If the participant's benefits cease due to his/her reemployment, the alternate payee's benefits will not be suspended. 13. CONSTRUCTIVE RECEIPT If the Plan inadvertently pays to the Participant any benefit that is assigned to the Alternate Payee pursuant to the terms of this Order, the Participant will immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments and shall forthwith pay such amounts so received to the Alternate Payee within ten (10) days of receipt. If the Plan inadvertently pays to the Alternate Payee any benefit that is actually payable to the Participant, the Alternate Payee must make immediate reimbursement. If the Participant's benefits have not begun, the Alternate Payee shall immediately reimburse the Plan. If the Participant's benefits have begun, the Alternate Payee shall immediately reimburse the Participant. In either case, the Alternate Payee must reimburse to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received to either the Plan or the Participant within ten (10) days of receipt. 14. EFFECT OF PLAN TERMINATION If the Plan is terminated, whether on a voluntary or involuntary basis, and the Participant's benefits become guaranteed by the Pension Benefit Guaranty Corporation ("PBGC"), the Alternate Payee's benefits, as stipulated herein, will also be guaranteed to the same extent in accordance with the Plan's termination rules and in the same ratio as the Participant's benefits are guaranteed by the PBGC. 15. CERTIFICATION OF NECESSARY INFORMATION All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. Dated this the f a day of A-tt- 52007. i?l??11- 4S even F. Weber Plan Participant Christine M. W4 Alternate Payee Wi Valerie J. Faden, Esquire Attorney for Participant rumple-Nuuivan, r squire (for Alternate Payee BY THE COURT,