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HomeMy WebLinkAbout06-5286 r JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW BRENDA L. O'LEARY, NO. 6(, • 5':1 Y CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013 YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 JOHN E. O'LEARY, Plaintiff V. BRENDA L. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 0 G - s' 2 ? (, CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE XT d'% T A ITT T 1. Plaintiff is John E. O'Leary, an adult individual currently residing at 2 John Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Brenda L. O'Leary, an adult individual currently residing at 314 Pine Grove Road, Gardeners, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 14, 1981, in Carroll County, Maryland. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: ?, DUB OHN E. O'LEARY, P f ? r,.^? -? _ ?' ?J i `i _ \ ? U? _. Y ? ;? _ ? - _.. _. c..;' . -< ?? i f JOHN O' LEARY, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA BRENDA O'LEARY, Defendant CIVIL ACTION - LAW NO 06-5286 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, on the , a^day of 2006 comes Hannah Herman-Snyder, Esquire, and states that she mailed a certified and true copy of a Complaint in Divorce and Notice to Defend and Claim Rights to the Defendant, Brenda O'Leary, at her address of 314 Pine Grove Road, Gardners, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on September 16, 2006. t U?A,,1.A411 Hannah Herman-Snyder, Esquirg Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this cZ7& day of , 2006 NOTARY RUBLIC NOTAIAL SE ROBIN J. COSNORN, NO ARYPUBLIC CARLISLE BORO., CUMBERLAND MY COMMISSION EXP RES APRIL tlll2 07 J ¦ Complete Mf w 1, 2, and 3. Also CanlpidA item 4 9 AeebioWd DeRvery is dasked. ¦ PdW your Wean and address on the twnm eo that we can retrn ttrs ormd to you. ¦ Attach this card to the t eAk of the ri dp1eE;9, or on the *art If spans permits. 1. Adds Addmosed to: r 3/Y the, Grove. o ?7 2ers, Ai9 nuiv 2. ArWe NUMIX (nmaAerfr, Ps Form. 381.1 it's,Et ie A. B. Received by (ftdod MWW IV D is ddway addreds &Yq mR from 16errr 14 0 VW IF YM aterddYvaryaddrwe Wow 0 W ?. sewirse'Iy;re --. ?, CettllMd Mel 0. ? .:.? O Rgal ',a ad q n Rm p0pt for MiiWandlee O kwood rte; t7 C.o.d. 4. Reetriabd Delivery? oft Feo Yes 7005 2570 0000 3803 0606 Augpd 1: . I C. , 'C2 E3 , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006 - 5286 BRENDA L. O'LEARY, CIVIL ACTION - LAW Defendant DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of John E. O'Leary in the above-captioned matter. Respectfully submitted, Dated: yn , 2007 Hannah Herman Snyder, Esqu e GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Supreme Court I.D. 9k 15 31 PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of JOHN Dated: January 11 , 2007 Y in the above-captioned matter. (717) 774-1445 Supreme Court I.D. 32317 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 ? ? ? C. ?.. ? ...-? c S ' L' ... t ,,, .J f.-. ';"S tJ ?,? ,,,, ! Y'^'' C .+ .?- :? JOHN E. O'LEARY, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO: 06-5286 BRENDA L. O'LEARY, CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter- affidavit within TWENTY (20) DAYS after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on December 3, 2004, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning spousal support, alimony, division of marital property, attorneys' fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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.A. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATED: January 11 , 2007 JOHN E. O'LEARY, Plaintiff V. BRENDA L. O'LEARY, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 06-5286 CIVIL ACTION -LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): _ (a) I do not oppose the entry of a divorce decree. _ (b) I oppose the entry of a divorce decree because (Check (I) (ii) or both): _ (1) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): _ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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. Dated: Brenda L. O'Leary, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. c n (? i T?? F r r L ? r t u L.. - i 2 CC) < JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE COUNTER AFFIDAVIT UNDER 4 3301(d) OF 1HE DIVORCE CODE I. Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: VOO `7 / 4L4:?I? Brenda L. O'Leary, Defendant 67 JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION - LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, James R. Demmel, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Counter-Affidavit Under §3301(d) of the Divorce Code by placing same in the U.S. Mail, first class, postage paid on the F. day of February, 2007, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 546 BRIDGE STREET NEW CUMBERLAND, PA 17070 SMIGEL, ANDERSON & SACKS, LLP By: `-- ; I Ann Lein, Esquire I.D.#: 70259 Jams emmel, Esquire I.D.#: 90918 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorneys for Defendant r..? ? ___. _ ?? -y a r i7 ?; ?;? ? ^.11J ?._ ?7 I : - t . ?j if l ? _'1 ._ Iti ICI THE COURT 07' COMMON PLEAS OF CL'sERLAND COUNTY, PE-INSY%,vANLA JOHN E. O'LEARY, Plaintiff Plaintiff Vs. BRENDA L. O'LEARY V0. 06-5286 19 John E. O ' Leary MOTION FOR APPOIN=,, T OF ,LkSTER (Plaintiff) moves the court to appoint a master with respect to the following claims: ( X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support ( X) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for wh--:.ch tie appointment of a master is requested. her (2) The defendant (has) appeared in the action (personally) (by attorney, Ann V. Levin, Esquire ,Esquire). (3) The staturory ground(s) for divorce kW (are) 3301(c) and (d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) ka agreement has been reached with respect '::o they following claims: (c) The action is contested with respect _o the following claims: (5) The action M060DOW) (does not involve) complex issues of law or fact. Date: 'Attornev for (P iailzt:= ) f B ORDER APPOINTING '_L4STEZarbara Sumpl an, Esquire AND NOW ,19 , Esquire, is appointed master with respect to the following claims: By the Court: (6) The hearing is expected to take one ("1) ?- (k=xmi (days). (7) Additional information, it any. rel-eva t?* motion: i _ 2007 i 2/13/200712:13:03 PM/AVL/smt . JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O' LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE PETITION RAISING MARITAL CLAIMS AND NOW, comes Plaintiff, Brenda L. O'Leary, by and through her counsel, Smigel, Anderson & Sacks, LLP, and files this Petition Raising Marital Claims and in support thereof states as follows: 1. Plaintiff is John E. O'Leary, an adult individual who currently resides at 2 John Drive, Mechanicsburg, Pennsylvania. 2. Defendant is Brenda L. O'Leary, an adult individual who currently resides at 314 Pine Grove Road, Gardeners, Pennsylvania. 3. Plaintiff and Defendant were married on February 14, 1981, in Carroll County, Maryland. 4. A Complaint for Divorce was filed by Plaintiff on September 11, 2006, in Cumberland County, Pennsylvania. 5. Plaintiff filed an Affidavit under 3301(d) of the Divorce Code on January 17, 2007. 6. Defendant filed a Counter-Affidavit under §3301(d) of the Divorce Code on February 8, 2007. 7. Plaintiff hereby raises the following marital claims: COUNTI EQUITABLE DISTRIBUTION 8. Defendant repeats and realleges the averments of paragraphs 1 through 7 which are incorporated by reference herein. 9. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Defendant respectfully requests that this Honorable Court equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT II ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 10. Defendant repeats and realleges the averments of paragraphs 1 through 9 which are incorporated by reference herein. 11. Defendant requires support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant respectfully requests that this Honorable Court award her reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT III COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 12. Defendant repeats and realleges the averments of paragraphs 1 through 11 which are incorporated by reference herein. 13. Defendant does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. WHEREFORE, Defendant respectfully requests that this Honorable Court award her counsel fees, costs and expenses. Date: .2 -do 7 Respectfully submitted, SMIGEL, ANDERSON & SACKS, LLP By: V Ann V. Levin, Esquire ID #70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant VERIFICATION I, Brenda L. O'Leary, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 8 O %&W' le6-- Z, Brenda L. O'Leary JOHN E. O'LEARY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION -LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned action, do hereby certify that I served a true and correct copy of the foregoing Petition Raising Marital Claims on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage paid on the _L&day of February, 2007, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 SMIGEL ANDERSON & SACKS, LLP By: V /0? Ann'V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant ? a Pn O? ? 7 ?'"3 IriF3 ca y24 1-4 THE COURT OF COW-ON PLEAS OF CLi`BERLAND COUNTY, PM NSYLVANIA FEB S 6 2DO7 JOHN E. O'LEARY, Plaintiff Plaintiff VS. BRENDA L. O'LEARY N0. 06-5286 19 John E,, , O' Leary MOTION FOR APPOINT. TT OF MASTER (Plaintiff) Qom, moves the court to appoint a master with respect to the following claims: ( X) Divorce (X ) Distribution of Property ( ) Annulment ( ) Support ( X) Alimony (X ) Counsel Fees ( ) Alimony Pendente Lite (X ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. her (2) The defendant (has) RX0000W appeared in the action (personally) (by attorney, Ann V. Levin, Esctuire ,Esquire). (3) The staturory ground(s) for divorce jb3& (are) 3301(c) and (d) (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following claims: (S) The action MOOMM (does not involve) complex issues of law or fact. /) (6) The hearing is expected to take (7) Additional information, if any. Date: 2007 ?tw?is arrvi. AND NOW. a?- appointed master wi respect to the is -(kznzzj (days). motion: Attorney for (Plaintiff) ,??parbara Sumpl u Ivan, Esquire following Esquire, By ee Cour v J I ?-) C 4 ' C 3 t LL, i M C=7) t ? Q N G }} li = ?r l 4 JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT t *? C IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE 4 I, Ann V. Levin, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Answers to Interrogatories Propounded by Plaintiff on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the _2 day of May, 2007, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 SMIGEL, ANDERSON & SACKS, LLP B L ?e Z -?, Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant r.a f? XL. \ p? ... JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT 1c, "a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Answers to Request for Production of Documents on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the _Z1 day of May, 2007, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 SMIGEL, ANDERSON & SACKS, LLP By: 42??L ? Z-=, - Ann V. Levin, Esquire I.D.#: 0259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant r-a ? f3 ? -n C?. --' - .?? ?_: ?w t? ,r, ? -.?. ..? rf~ ?? p ? 1 ?? ? ?"? s ? _ ?,. y_?rn ? s ' `?? .-? r ' JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION - LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of Defendant's Request for Production of Documents on counsel for Plaintiff by depositing same in the U.S. Mail, first class, postage prepaid, on the Vltll day of May , 2007, addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 SMIGEL, ANDERSON & SACKS, LLP P? min By: Ann V. Levin, Esquire I.D.#: 702 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff - 8 - C-5 T t JOHN E. O'LEARY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION - LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, Attorney for Defendant, do hereby certify that on the I-ltr' day of I??IQU , 2007 1 served the original and one copy of Defendant's First Set of Interrogatories to Plaintiff in the above captioned matter, by depositing same in the Unites States Mail, first class, postage paid, addressed as follows: Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, PA 17070-1931 SMIGEL, ANDERSON & SACKS, LLP By: c?rts?n• ?.AnK f rw?y Ann V. Levin, Esquire I.D.#: 709 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Plaintiff ra ? r7 t''? "s' t; _' - ?. ? ?-)L ,. s..,y :.? ."% ?`: JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA v. DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION -LAW DEFENDANT : IN DIVORCE INVENTORY AND APPRAISEMENT OF BRENDA L. O'LEARY ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (X) 9. Life Insurance policies (indicate face value and current beneficiaries () 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) O 22. MilitaryN.A. benefits O 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute (X) 26. Other N N N N N N N ? P.- Q\ c?, w N N N N N N '-. '?' °? ? N a ? v ? ? ? ? ? w ? c? a n a• s? ? O c V O' `-+ Z ('? ?d 'T1 b b C/1 (? N ? ~ N W b d d G `C n G C ° C C °E a o CD 0 ro A N N r CD F O 7G' X Lv d N O CD r (D QQ En O a q P? d cu 17 ?- C? o y 00 CD 0 o o ? a b 0 , N n N C p CD CA 0 0 0 0 0 0 0 0 O O O O O 0 0 0 0 * 0 0 O 0 ON, R 0 p A Q xi p ?+ x x x x ?+ x x ? ? x x x ? !? VI 1-M? Cn CA °.. W °.. V] Q. "CD CD V] a' % ?}' h•1? CD ?•1? CD Cn C3' Vl ? V1 CT f'f) CD A8 ? O y a a a a a a a a. c. CL a qd O A d /r d ?i =y A 00 N O ? Cy O 4 1 ? '? a I I r 2% 0 0 0 C `° tU Q ?. ?.. F ... O N N CD (CD ((p .. a a g o- ., .? CD a' a M.. Q. p p a 0 D (9 (D N 00 N A p d A Z y 6A 6A bA 4En A 6A 106 b9 G ' ' ' 6A 6A a °? ,- v, A W ?. c,, CD (D a a 0 a v, - CD C a 0 °o rn tA ?10 o ~ NNE "' ?, , ?p O O O W N O c1i AO O C O i O 0 0 V i O CD ? I to N N O 0 0 PROPERTY TRANSFERRED BY THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the transferred property on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of deposit () 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes O 8. Trusts () 9. Life Insurance policies (indicate face value and current beneficiaries () 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute () 26. Other LIABILITIES OF PARTIES liabilities (X) 1. () 2. () 3. () 4. Defendant marks on the list below those items applicable to the case at bar and itemizes the on the following pages. SECURED Mortgages Judgments Liens Other secured liabilities UNSECURED () 5. Credit card balances () 6. Purchases () 7. Loan payments O 8. Notes payable () 9. Other unsecured liabilities CONTINGENT OR DEFERRED () 10. Contracts or Agreements () 11. Promissory notes () 12. Lawsuits () 13. Options () 14. Taxes () 15. Other contingent or deferred liabilities VERIFICATION I, Brenda O'Leary, verify that the statements contained in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 5?9 L07 Llr?) -I Brenda O'Leary JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION -LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Inventory & Appraisement of Brenda L. O'Leary on E. Robert Elicker, II, Esquire, Divorce Master and on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the day of May, 2007, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 E. ROBERT ELICKER, II, ESQUIRE CUMBERLAND COUNTY DIVORCE MASTERS 9 NORTH HANOVER STREET CARLISLE, PA 17013 SMIGEL, DERSON & SACKS, LLP By: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant C- '_. rn 4 co JOHN E. O'LEARY, PLAINTIFF v. BRENDA L. O'LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE INCOME & EXPENSE STATEMENT OF BRENDA L. O'LEARY INCOME STATEMENT OF BRENDA L. O'LEARY Employer: Carlisle Area School District Address: 623 West Penn Street, Carlisle, PA 17013 Type of Work: Instructional Assistant Pay Period: Defendant is an hourly employee paid bi-weekly. Her hourly wage is $10.52 and she works an average of 32.5 hours per week for 9 months of the year. Plaintiff's total wages for 2006 were $12,640.38. Gross Pay per Pay Period Federal Withholding Social Security Medicare Dickinson Township State Income Tax State Unemployment 7.5% Retirement $40.58 $42.58 $9.96 $10.99 $21.09 $0.62 $46.16 $686.85 Net Pay per Pay Period $514.87 Defendant has no other income. EXPENSES - -- T-- I ----- -- - _ -.-------------------- -- Item Mon - thly (or) - Yearly -- ----- ---------- HOME ---- - --- - --- - Mortgage --- -__807.58 $ 9,690.96 Electricity - $ 119.00 $ . - 1,428.00 Coal $ i 63.83 $ 765.96 Telephone $ 35 00 $ 420.00 EMPLOYMENT Lunches $ 80.00 $ , 960.00 TAXES Real Estate Taxes $ 143.58 $ 1,722.96 Personal Property Taxes $ 27.42 $ 329.04 - -- INSURANCE i -- Homeowners Insurance $ 32.25 $ 387.00 Automobile Insurance { $ 134.83 $ 1,617.96 Health Insurance (Projected) I$ 200.00 $ 2,400.00 AUTOMOBILE Automobile Fuel $ 108.33 + $ - 1,299.96 Automobile Repairs j $ 17.58 $ 210.96 MEDICAL Doctor $ 8.33 $ 100.00 Medicine 160.00 PERSONAL { Clothing $ 100.00 $ 1,200.00 Food - - --------- ---- $ ---- --300.00 $ 3,600.00 Barber/Hairdresser ?I $ 30.00 $ 360.00 t Credit Card $ 76.00 $ 912.00 MISCELLANEOUS Pay TV $ 45.00 $ 540.00 Vacations $ 41.66 $ 500.00 Gifts $ 25.00 $ 300.00 Legal Fees ___ __ on-going _ on-going Total Expenses $ 2,408.72 $ 28,904.80 VERIFICATION I, Brenda O'Leary, verify that the statements contained in the foregoing documents are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: 51al D _ ? 6 ? a 6 Brenda O'Leary JOHN E. O'LEARY, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION -LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Income & Expense Statement of Brenda L. O'Leary on E. Robert Elicker, II, Esquire, Divorce Master and on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the3 D day of May, 2007, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 E. ROBERT ELICKER, II, ESQUIRE CUMBERLAND COUNTY DIVORCE MASTERS 9 NORTH HANOVER STREET CARLISLE, PA 17013 SMIGEL, A ERSON & S CKS, LLP By: Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant C ? ? n i }A JOHN E. O'LEARY, PLAINTIFF v. BRENDA L. O'LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE AMENDED INVENTORY AND APPRAISEMENT OF BRENDA L. O'LEARY ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real property (X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options () 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts (X) 9. Life Insurance policies (indicate face value and current beneficiaries () 10. Annuities () 11. Gifts O 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) (X) 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) O 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute (X) 26. Other O a O U a 01 0 M 0 C) N 1-0 110 oo, °o ? I rq - b co rj Q? Ni i N N N .D ? I ~ I Oj 0I OI O' I O as ?I I I xifa z ? I I a o C II II Id' I 00 ^C H' ?' C" N I ? I ?I II II CYi Q Q'QI. I I I ' a ? ? I C? :.o II I 'b ?? ? H F -o O;! I I 31? I i of ' ?I I G ! ?? o0 r N O > / OI U w Q ? IolAl 6° I y 72 N ?. N Nil O O :°. r,l ?o rn rnl ,loop li Z? I N' N N N N N i cd x I I ti Iti Iti li i I I? ? ? l 00 - ro O,o. -- o }? b M 0 00 N M O O -b v 69 - 5Ft 64 64 &a fro E - Z • C OO OO -O -b -? N N N N '? ?+ N N! ?I ?? I L I - -fi - -T -7 I I I I gill x3 xxxx3?°x I ! I ! I I ti C) C) ti ti ti ti 0 cd ? U 0I, , l ?, i U ? ? I of ?.O ^C3 a ~ ? on ? •? ? ? o a? U Cl1 p V] 0 0 Q U O b[ ?, u' Z a Z a ?" ?d wa 'o o Cd C7UZ 3 ti I M cd kr) !` (7-' cd -0 U b u w kf) i kn Vl v) ? l Le) N',NNIN N'N'N I'' ,? ?? '. ? u 'i I?I c o GG W I Ili ? O ? a a ? _'?? d' ?, ?', ,o ??. ?_ z 0 z y Q a, rn ??? ?I M II o ° N z PROPERTY TRANSFERRED BY THE PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the transferred property on the following pages. (X) 1. Real property (X) 2. Motor vehicles () 3. Stocks, bonds, securities and options O 4. Certificates of deposit () 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates () 7. Contents of safe deposit boxes () 8. Trusts () 9. Life Insurance policies (indicate face value and current beneficiaries () 10. Annuities () 11. Gifts O 12. Inheritances O 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company.) () 16. Employment termination benefits - severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts O 20. Disability payments O 21. Litigation claims (matured and unmatured) () 22. MilitaryN.A. benefits () 23. Education benefits () 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute () 26. Other OI I C`Goq r y Ffj? IA? - _ 0 0 o a kr) 0 N 1 ?'I 4oo i ? rl I A I r .O ?yl? d I I L? 11'? y I ? ? I w 7 y 41 ci+ I 7 I LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED (X) 1. Mortgages () 2. Judgments () 3. Liens () 4. Other secured liabilities UNSECURED () 5. Credit card balances () 6. Purchases () 7. Loan payments () 8. Notes payable () 9. Other unsecured liabilities CONTINGENT OR DEFERRED () 10. Contracts or Agreements O 11. Promissory notes () 12. Lawsuits O 13. Options () 14. Taxes () 15. Other contingent or deferred liabilities a? u ? ? , ? i ? _. , ?'. ? W ?' ? ? , a ? ? ; o ? ? : ? ?. Q` ! U o ,_ M r' i o ? l N Z ?O VERIFICATION I, Brenda L. O'Leary, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: (p 1 AS?I? Brenda L. O'Leary JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION - LAW DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, counsel for Defendant in the above-captioned matter, do hereby certify that I served a true and correct copy of the foregoing Amended Inventory & Appraisement of Brenda L. O'Leary on E. Robert Elicker, II, Esquire, Divorce Master and on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the A day of June, 2007, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 549 BRIDGE STREET NEW CUMBERLAND, PA 17070 E. ROBERT ELICKER, II, ESQUIRE CUMBERLAND COUNTY DIVORCE MASTERS 9 NORTH HANOVER STREET CARLISLE, PA 17013 SMIGEL, ANDERSON & SACKS, LLP By: `) Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant n c? C- -TI y =j I'Tt ' hJ SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3'd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevitQ)sasilp.com Attorney for Plaintiff JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL ACTION - LAW DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE I, Ann V. Levin, Esquire, do hereby certify that I served a true and correct copy of the foregoing Defendant's Answers to Plaintiff's Production of Documents Request (Second Set) on counsel for Plaintiff by placing same in the U.S. Mail, first class, postage paid on the o7, I day of June, 2007, addressed as follows: BARBARA SUMPLE-SULLIVAN, ESQUIRE 546 BRIDGE STREET NEW CUMBERLAND, PA 17070 SMIGEL, ANDERSON & SACKS, LLP By: V Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant C C G JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE MOTION TO REVOKE APPOINTMENT OF MASTER 1. E. Robert Elicker, II, Esquire was appointed Master in the above-captioned matter by Order of Court dated February 28, 2007, to consider the issues of Divorce, Alimony, Distribution of Property, Counsel Fees, Costs and Expenses raised in the above captioned proceedings. 2. The Master has been advised that a settlement has been reached between the parties. 3. The undersigned therefore request that the appointment of E. Robert Elicker, II, Esquire, be revoked. Date: / j / Date: A Z V(3 SMIGEL, ANDERSON & SACKS, LLP By: '?411 ?// Z_-) Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant By ar ara Sumple-Sullivan, ire Supreme Court I.D.#: 32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 Attorney for Plaintiff 23 .. rrl JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 06-5286 BRENDA L. O'LEARY, CIVIL, ACTION -LAW DEFENDANT : IN DIVORCE ORDER AND NOW, this day of Aaftii? 2008, the appointment of E. Robert Elicker, II, Esquire, as Master in the above-captioned proceeding is hereby revoked. D''stribution: ?Ann V. Levin, Esquire, counsel for Defendant, 4431 N. Front St., Harrisburg, PA 17110 ,-'?garbara Sumple-Sullivan, Esquire, counsel for Plaintiff, 549 Bridge St., New Cumberland, PA 17070 12T I ?z r-y? t .2 to 1a g .? ...f 1 ? ? . -? ? ? 'y ??. ,,Yy SS ?:??,a ? t? . y ( / '^ ' J e ? ?.-^? -^1' j .. Ay f?'?-- ? . : ?i? f m y? ? V ?'?"'? ? * <r'(O MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this y day of t , 200' by and between Brenda L. O'Leary ("Wife") - A N D - John E. O'Leary ("Husband"), at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife having been married on February 14, 19$1, at Westminster, Maryland; WHEREAS, three (3) children were born of this marriage; said children being: Emily, 26 old; Kelly, 22 years old; and Katey Joann, 18 years old. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matter between them relating to the ownership and equitable distribution of real and personal property; settli: of all matters between them relating to the past, present and future support, alimony and/or maintenan of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual covenants and undertakings hereinafter set forth and for other good and valuable consideration, of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be bound hereby, covenant and agree as follows: 1. Divorce and Separation. The parties agree to the entry of a decree in divorce to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have right to live separate and apart from each other and to reside from time to time at such place or placed as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on part of either Husband or Wife of the lawfulness or unlawfulness of the causes leading to their livi apart. her the The parties acknowledge that a divorce action has been filed in the Court of Common Pleas Of Cumberland County, Pennsylvania at docket number 06-5286. The parties agree that they will execute and file Affidavits of Consent and Waivers of Noticelof Intention to Request Entry of a Divorce Decree simultaneously with the signing of this Agreement. Thereafter, counsel for Husband shall file a Praecipe to Transmit Record and obtain a divorce 2. Division of Property. Husband and Wife agree that the following constitutesi an equitable distribution of the marital property. A. Husband's Property. The following property shall become the sole and exclusive property of Husband: 1. 1997 Mercury Mountaineer, subject to all existing liens and obligations; 2. All household goods and personalty in Husband's possession or control; 2 3. Husband will also remove the items that he has in the garage of the marital home and his vehicles at the time of settlement for the house or July 31, 2008, whichever is earlier. 4. The retirement plan accumulated through Husband's employment with Fry Communications subject to the rollover to Wife as set forth below; 5. The Allianz Life Insurance policy and any cash value associated with said policy. Husband shall also be responsible for any loans associated with the policy. B. Wife's Property. The following property shall become the sole and exclusive property of Wife: 1. The 2003 Pontiac Sunfire subject to all existing liens and obligations. 2. The SERS retirement plan accumulated through Wife's employment with the Carlisle Area School District. 3. The sum of $13,500 shall be rolled over from Husband's Fry Communication Retirement Plan to an IRA in Wife's name. A Qualified Domestic Relations Order transferring these funds shall be prepared by counsel for Husband. The QDRO transferring these funds shall be prepared following the settlement on the sale of the parties' residence. Wife shall be entitled to the sum of $13,500 effective November 1, 2007 subject to increases and decreases between that date and the date of distribution to Wife due to market conditions. Husband shall not take any loans or otherwise take any action to negatively impact Wife's receipt of these funds. A sum may be added to the 3 principal amount of $13,500 rolled over to Wife pursuant to this paragraph as required by Paragraph C below. C. Marital Residence. The parties acknowledge that they are the owners of the property and lot situate at 314 Pine Grove Road, Gardiners, Pennsylvania (hereinafter "Marital Home"). The Marital Home has been listed for sale with a mutually agreeable listing agent, Linda Shover. The parties shall accept all bona fide offers, from qualified buyers, which are at least 95% of the listing price. In the event the parties cannot come to an agreement on the reduction of the listing price or the timing of such reductions this issue of listing price shall be submitted to the Court for the adjudication of a reasonable listing price to effectuate a sale. Commencing on the execution date of this Agreement, both Husband and Wife shall be equally responsible for the payment of extraordinary repairs to the structure and fixtures of the Marital Home. Husband shall be solely responsible for the payment of the mortgage or other loans he incurred against the home after the parties' separation. Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, costs or expense, including actual attorneys fees, which may be incurred in connection with the debt against the home that he incurred after the parties' separation. If Husband refuses to indemnify Wife for any such expenses, Wife is entitled to recover from Husband all costs, expenses and legal fees incurred in enforcing Husband's duty to pay the expenses. 4 Commencing on the execution date of this Agreement, Wife shall be responsible for the day to day maintenance of the marital home. For purposes of this Agreement, upon sale of the marital home, the net proceeds shall be defined as the gross sales price minus realtor's commission, transfer tax and fees associated with the sale and the cost of replacing the on-lot sewage system. The net proceeds shall not take into account the payment of the outstanding mortgage balance in that this was incurred by Husband following the parties' separation. The net proceeds as defined herein shall be divided as follows. 1. Husband shall receive the first $9,424 as recognition of payoff of the marital mortgage by Husband. 2. Wife shall receive 55% of the balance after distribution to Husband of $9,424 above. In the event there is insufficient cash available from the sale of the home due to the obligation to pay off the mortgage, the difference between the amount available and the amount actually due to Wife, shall be paid as follows. 1. Any amount up to $7,500 shall be paid by Husband to Wife at the time of settlement. 2. Any amount above $7,500 shall be added to the sum due to Wife from Husband's Fry Communication Plan in Paragraph 2.13.3. above. At the time payment is made to Wife, Husband shall be credited as having paid Wife $2,000. For example, if the house is sold and the parties realize net proceeds from the sale of $150,000 Wife would be entitled to $82,500. (150,000 x 55%) If the mortgage balance is $70,000, there will be insufficient funds available to provide Wife 5 with the full amount due of $82,500. Accordingly, Wife would be entitled to an additional sum of $12,500. Husband would therefore pay Wife $5,500 in cash at the time of settlement and then roll over an additional sum of $5,000 from Husband's 401(k). This provides Husband with the $2,000 credit by reducing the cash payment from $7,500 to $5,000. If Husband has insufficient funds in his 401(k) to provide Wife with the amount that may be due per this paragraph, Husband shall obtain a loan to provide Wife with the amount due to her, within Forty-Five (45) Days of the settlement on the sale of the home. In the event the house sells for an amount generating net proceeds as defined herein of more than $157,500, Wife will receive 55% and Husband will receive 45%, following payment to Husband of $9,424. D. Satisfactory Division of Marital and Non-Marital Property. Husband and Wife hereby acknowledge that they have divided, to their mutual satisfaction, all of their marital and non-marital assets, including but without limitation, business interests, partnerships, inheritances, jewelry, clothing, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, individual retirement accounts, 401(k), employment benefits, checking and savings accounts, mutual funds and other assets, whether real, personal or mixed, tangible or intangible. 3. Taxes. The parties have previously filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and 6 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. 4. Additional Documentation. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 5. Transfers Subiect to Existiny- Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 6. Representations and Warranties. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. 7. Equitable Division. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers herein as non-taxable. 7 8. Relinquishment of Rights. Except as expressly provided herein, Husband forever relinquishes any right, title or interest he may now or hereafter have in any tangible or intangible assets now belonging to Wife, and Wife forever relinquishes any right, title or interest she may now or hereafter have in any tangible or intangible assets now belonging to Husband. 9. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 10. Debts. Husband and Wife shall each be solely responsible for all debts in their respective names, including but not limited to personal loans, charge accounts and credit cards. Both parties represent and warrant to the other that as of the date of this Agreement they have not incurred, and in the future will not contract or incur, any debt or liability for which the other or the estate of the other might be responsible. 11. Liabilities. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property 8 may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 12. Counsel Fees, Costs and Expenses. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 13. Alimony. Husband shall pay to Wife the sum of Two Hundred Twenty-Five ($225) Dollars per month for a period of Twenty-Four (24) Months commencing upon the first day of the month following the settlement on the sale of the Marital Home. Said payments shall be non-modifiable in amount and duration. Said payments shall terminate upon either parties' death, or Wife's remarriage or cohabitation with an adult male non-relative. Counsel for Wife shall prepare an appropriate alimony order providing for a wage attachment through the Domestic Relations Office. The sum of Six Hundred Seventeen Dollars and Sixty-Seven Cents ($617.67) shall be credited to Husband towards payments and shall cause the term of alimony to be shortened if necessary to allow for this credit. 14. Tax Ramifications of Alimony. The parties agree that the entire amount being paid to Wife pursuant to this paragraph is a separate maintenance periodic payment, included and intended to be included with the income of Wife within the meaning and intent of Section 71 of the United States Internal Revenue Code of 1954 and deductible from the Husband's gross income pursuant to the provisions of Section 215 of the United States Internal Revenue Code of 1954. Wife agrees that all said payments shall be included as income to the Wife in her applicable tax returns and that she shall pay such taxes as may be required by reason of such inclusion. 9 15. Non-Modification of Alimony. The parties agree that the alimony provision takes into account the parties' overall economic circumstances including the equitable distribution of property herein and so shall not be subject to modification by any court. 16. Effect of Subsequent Bankruptcy. The parties agree that none of Husband's obligations under the terms of this Agreement are intended to be a debt which is affected by a discharge in bankruptcy. They further specifically intend that Husband's obligations under the terms of this Agreement shall be non-dischargeable and not subject to discharge in bankruptcy because they acknowledge that, based upon the respective incomes, assets and needs of the parties and their households, such are necessary for Wife to meet her financial obligations and to support and maintain her standard of living and that of the parties' child(ren). Husband represents that there are no bankruptcy proceedings presently pending in which he is involved. Husband expressly agrees not to file a bankruptcy action prior to the completion of his obligations pursuant to this paragraph. These obligations shall not be discharged in a bankruptcy action filed by or against Husband. If Husband files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations of this paragraph are in the nature of maintenance and support, and are not dischargeable under current bankruptcy law or under any amendment thereto. Further, if Husband institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which Wife's right to payments or property hereunder becomes a matter for judicial review, Husband agrees to consent to any motion filed by Wife with the bankruptcy courts, wherein she may request that the bankruptcy courts abstain from deciding the dischargeability of any and all obligations to her hereunder in order to allow the appropriate court of common pleas to rule upon this issue. 10 Further, in the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorney's fees and costs. 17. Health Insurance. Husband agrees to maintain health insurance for the parties' minor child, Katey, provided the minor child is an eligible dependent on the policy provided through Husband's employment. 18. Full Disclosure. The respective parties do hereby warrant, represent and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. 19. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any 11 rights accruing under this Agreement. 20. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 21. General Provisions. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 12 survive and continue in full force and effect without being impaired or invalidated in any way. 27. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 28. Agreement Not to be Merged. This Agreement may be filed with the Court for incorporation into the 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 Divorce Code of 1980, as amended, 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 5 Brenda L. O'Leary ?? e-10'-z z E. O'Leary 14 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN . SS. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Brenda L. O'Leary, who being duly sworn according to law deposes and says that she is a party of the foregoing Agreement and she executed same for the purposes therein contained. Witness my hand and seal this t' h day of , 2008. Notary Plublic My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tonya S. Stoneroad, Notary Public Susquehanna Twp., Dauphin County My Commission Expires Nov. 28, 2008 Member, Pennsylvaniz Association Of Nutaries 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, John E. O'Leary, who being duly sworn according to law deposes and says that he is a party of the foregoing Agreement and he executed same for the purposes therein contained. Witness my hand and seal this day of My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara SunpleSullivan, Notary Public Now Cumberland Boro, Cuberland County My Commission E*M.Nov.15, 2011 Member, Pennsylvania Association of Notaries 16 Notary Public n N ?' '`J ,? ' c,;s - '1'p ,• T1 --1 ? C?J `?. t i ; ?7Y ?_... `C7 ?' tr7 -? P ? ? ?'. .. ? • -} "?1 `2? i JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, BRENDA L. O'LEARY, do hereby certify that a true and correct copy of Plaintiff's Complaint Under Section 3301(c) or 3301(d) of the Divorce Code was served upon me on September p?0, 2006 via certified mail. Date: By: ZsMa renda L. O'Leary C 1 "1 i JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on September 11, 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ? a /Zo r D Brenda L. O'Leary, Defendant C3 c ^' n r Ciro-_ J. 41 JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE I . I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: / / . ? ? Brenda L. O'Leary, Defendant fl`+"7F `^.+t .1? ? _. _? `77 T 'i y t , ? r,,a ?'* y ', j ?" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. BRENDA L. O'LEARY, Defendant : NO. 2006-5286 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 11, 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: / 31,0 J `% l7 c4j _s Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 JOHN E. O'LEARY, IN THE COURT OF COMMON PLEAS Plaintiff V. BRENDA L. O'LEARY, Defendant CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-5286 CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 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: 0// g 66 OHN E. O'LEARY rr i rl t liJ t _I ? r K ts7 7 JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O' LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served via certified mail on the Defendant on September 20, 2006. 3. (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on January 18, 2008 and by Defendant on January 31, 2008. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: Not applicable. (2) Date of filing and service of the Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: Not applicable. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the r • Prothonotary: Simultaneously with the filing of this Praecipe. (c) Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Simultaneously with the filing of this Praecipe. Date: '' )f V SMIGEL, ANDERSON & SACKS, LLP By: v Ann V. Levin, Esquire I.D.#: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant C ?:, ?? ? '= ? -ry --Vr ?;:? n3 -s -_. ;,.? r: ? , r-- . :.?;, ?`- ?°?.a ?; r ?? :?r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF j PENNA. JOHN F. O' LEARY No. 06-5286 CIVIL PLAINTIFF VERSUS BRENDA L. O'LEARY DEFENDANT DECREE IN DIVORCE AND NOW, e,Nryc,,r-4 IT IS ORDERED AND DECREED THAT John E. O'Leary , PLAINTIFF, AND Brenda L. O'Leary DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None. It is further ORDERED and DECREED that the Marriage Settlement Agreement executed by and between the parties, date February-74, 2008, is incor orated by reference into this Decree for the purposes of enforcement, but shall NOT be deemed to have been merged with this Decree. BY THE COURT: ATTEST: -1 PROTHONOTARY ?? Yr ?? ! ?, . ,?. ?= £ ? ?? NOV 17 2009 SMIGEL, ANDERSON & SACKS, UP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3'd Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevin(':sasllp.com Attorney for Plaintiff JOHN E. O'LEARY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRENDA L. O' LEARY, DEFENDANT : DOCKET NO.06-5286. CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This order relates to the provision of marital property rights to a former spouse of the Participant and is made pursuant to the domestic relations law of the State of Pennsylvania. The cause is before the court upon the motion of both parties, the court having entered a Judgment for Divorce and this order having been agreed to by each of the parties, and said agreement being incorporated into the Judgment for Divorce. IT IS HEREBY ORDERED THAT: 1. This order shall constitute a "qualified domestic relations order" as defined in §414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and §206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") 2. This order applies to the Fry Communications, Inc. Retirement Plan (the "Plan"), which is administered by Fry Communications, Inc., c/o Mary Roberts, 800 West Church Road, Mechanicsburg, PA 17055. 3. The Plan participant to whom this order relates is John E. O'Leary (the "Participant"). The last known mailing address and social security number of the Participant are: 1606 Gable Hammer Road Westminster, MD 21157 Social Security No.: 213-66-5255 4. The individual to whom this order assigns certain Plan benefits otherwise payable to the Participant is Brenda O'Leary (the "Alternate Payee"). The last known mailing address and social security number of the Alternate Payee are: 402 North Walnut Street Mt. Holly Springs, PA 17065 Social Security No.: 192-50-7236 5. As part of the division of the estate of the parties, the sum of Thirteen Thousand Five Hundred ($13,500.00) Dollars shall be rolled over from Participant's Plan, subject to gains and losses due to market conditions from November 1, 2007 to the date of distribution, to Alternate Payee's Individual Retirement Account with Pershing. The check should be made payable to Pershing FBP Brenda L. O'Leary and mailed to Orrstown Financial Advisors, 427 Village Drive, Carlisle, PA 17015, Attn: Lisa Riggleman. 6. The Participant and the Alternate Payee shall notify the Plan Administrator in writing of any changes in their respective mailing addresses subsequent to the date of this order. 7. The terms of this Order shall be carried out as soon as administratively feasible following the date that this Order has been approved. 8. This order shall not be construed to: a. require the Plan to provide any type or form of benefit or any option not otherwise provided under the Plan; b. require the Plan to provide increased benefits; or c. require the payment of benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. 9. This order shall be incorporated into the Judgment for Divorce for purposes of enforcement. 10. It is the intention of the Alternate Payee and the Participant that the foregoing provisions shall qualify as a qualified domestic relations order, and whenever the provisions hereunder are inconsistent with the definition of a qualified domestic relations order as may be contained, from time to time, in the Code or ERISA, this order shall be amended, from time to time, as may be necessary to comply with the requirements for a qualified domestic relations order under said statutes or regulations promulgated pursuant thereto and to cause this order to be accepted as a qualified domestic relations order by the Plan Administrator. Both parties shall enter into an agreed order of court as may be reasonably required to amend this order to comply with such requirements. Dated: ?00t'4 This day of 32009. 14 Pvu? Copies to: ?Mary Roberts Fry Communications, Inc. 800 W. Church Rd. Mechanicsburg, PA 17055 Ann V. Levin, Esquire Smigel, Anderson & Sacks LLC 4431 North Front Street Harrisburg, PA 17110 Attorney for Defendant/Altemate Payee ,,-?arbara Sumple-Sullivan, Esquire 549 Bridge St. New Cumberland, PA 17070 Attorney for Plaintiff/Participant C 6 t S' /?aGl£ZL RLE4-4',),trrr,E OF THE FR i HMOTAE3Y 2004 NOV 18 PM 4: 16 CUMEDILE L. `;: €) UDLI nr- r E 1fNS t, ?+ /LVAN!1 i+ 4. SMIGEL, ANDERSON & SACKS, UP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3rd Mr. Harrisburg, PA 17110-1778 (717) 234-2401 a]evinrsasllp.com Attorney for Plaintiff JOHN E. O'LEARY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. BRENDA L. O'LEARY, DEFENDANT : DOCKET NO. 06-5286 CIVIL ACTION -LAW IN DIVORCE STIPULATION AND NOW, this /,Z of AV av -eenk v - , 2009, counsel for the parties in the above- referenced action hereby stipulate and agree that the Qualified Domestic Relations Order attached hereto encompasses the intent of their respective clients and that it may be adopted as a Court ILMIL L NZ17AvL Brenda L. O'Leary "1 4.1 John E? O'Leary l SMIGEL, ANDERSON & SACKS, LLP V Ann . Levin, Esquire I.D. #: 70259 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Attorney for Defendant Barbara Sumple-Sullivan, Esquire 549 Bridge St. New Cumberland, PA 17070 (717) 232-8000 Attorney for Plaintiff OF TH5 PROPNONOTARY 2D09 Nov 18 PM 4: 16 n NOV 17 2009 y SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3`d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 alevinr'sasllp.com Attorney for Plaintiff JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 06-5286 CIVIL ACTION -LAW IN DIVORCE ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this IN day of y , 2009, upon consideration of the attached Stipulation and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, John E. O'Leary and Ann V. Levin, Esquire, counsel for Defendant, Brenda L. O'Leary, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the attached Stipulation are adopted as an Order of Court. DistrZRn n: V. Levin, Esquire, 4431 North Front Street, Harrisburg, PA 17110 rbara Sumple-Sullivan, Esquire, 549 Bridge Street, New Cumberland, PA 17070 I'Y1c71 1 Jl/l8`? RLED-O DICE OF THE PROTHONOTARY 2009 NOV 18 AM 11: 14 CUM? „" ?u ?-' LINTY PENNSYLVAmA 4 SMIGEL, ANDERSON & SACKS, LLP Ann V. Levin, Esquire ID# 70259 4431 North Front Street, 3d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 aleviwr&.sasllp.com Attorney for Plaintiff JOHN E. O'LEARY, PLAINTIFF V. BRENDA L. O'LEARY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 06-5286 CIVIL ACTION - LAW IN DIVORCE ALIMONY STIPULATION This Agreement is made this day of , 2009, by and between John E. O'Leary and Brenda L. O'Leary as follows: Subject to the credit of Six Hundred Seventeen Dollars and 67/100 ($617.67) as set forth in Paragraph 7 below, Plaintiff shall pay to Defendant alimony in the amount of Two Hundred Twenty-Five Dollars ($225.00) per month, for a period of Twenty-Four (24) Months commencing on July 1, 2009. 2. Plaintiff's alimony payments are due on the first day of each month. 3. Plaintiff had tendered a total of four (4) monthly alimony checks directly to Defendant beginning on July 1, 2009, August 1, 2009, September 1, 2009 and October 1, 2009. Defendant has chosen not to cash these checks. Upon return of these actual checks to Plaintiff from Defendant, Plaintiff shall pay, within five (5) days of receipt of the checks, directly to the Cumberland County Domestic Relations Office, the sum of Nine Hundred Dollars ($900.00) for payment of alimony for the months of July, August, September and October, 2009. 4. Effective November 1, 2009, and continuing for seventeen (17) months or unless terminated earlier pursuant to Paragraph 5 below, Plaintiff shall pay Two Hundred Twenty-Five Dollars ($225.00) per month to the Cumberland County Domestic Relations Office. Defendant shall make an eighteenth (18) payment of Fifty-Seven dollars and 33/100 ($57.33) in full satisfaction of this alimony obligation. 5. The alimony payments will be non-modifiable and will terminate upon Defendant's remarriage or cohabitation with an adult male non-relative, upon Defendant's death or upon Plaintiff s death, which ever first occurs. 6. Plaintiff shall make all payments through the Cumberland County Domestic Relations Office. 7. A sum of Six Hundred Seventeen Dollars and 67/100 ($617.67) shall be credited towards Plaintiff s last two payments as set forth above. However, this sum of Six Hundred Seventeen Dollars and 67/100 ($617.67) shall be deemed paid to Defendant by Plaintiff in tax year 2009. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: Date: 4b z- _ . 2009 Basra Sumple-Sullivan, Esquire Attorney for Plaintiff Date: /l - 2009 V Ann V. Levin, Esquire Attorney for Defendant ?&A& 1,6404 Brenda L. O'Leary