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HomeMy WebLinkAbout02-2782Jeffrey A. Keiter, J.D. Supreme Court I.D. 15966 ATTORNEY FOR PLAINTIFF 226 West Chocolate Avenue Hershey, PA 17033 (717)533-8889 MICHAEL J. KLAIBER Plaintiff, LINDA A. KLAIBER Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - 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 abe warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR B-NNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAIfE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CB-NNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGkL HELP. Cumberland County Bar Association Lawyer Referral Service 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 Jeffrey A. Keiter, J.D. Supreme Court I.D. 15966 ATTORNEY FOR PLAINTIFF 226 West Chocolate Avenue Hershey, PA 17033 (717)533-8889 MICHAEL J. KLAIBER Plaintiff, V. LINDA A. KLAIBER Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE The Plaintiff, MICHAEL J. KLAIBER, by his attorney, Jeffrey A. Keiter, J.D., respectfully represents: 1. Plaintiff is MICHAEL J. KLAIBER(Social Security Number 185-52-6816), who currently resides at 61 Greenmont Drive, Enola, County of Cumberland, Commonwealth of Pennsylvania 17025. 2. Defendant is LINDA A. KLAIBER(Social Security Number 190- 40-1035), who currently resides at 639 Mallard Drive, York, County of York, Commonwealth of Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 26, 1991. 5. 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. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT I 8. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 9. The marriage is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II 10. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 13. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. RESPECTFULLY SUBMITTED, J e ~el r, J.D. Cou . #15966 226 West Chocolate Avenue Hershey, PA 17033 (717) 533-8889 Attorney for Plaintiff Jeffrey A. Keiter, J.D- Attorney I.D. 15966 ATTORNEY FOR PLAINTIFF 1332 East Chocolate Avenue Hershey, PA 17033 (717)533-8889 MICHAEL J. KLAIBER Plaintiff, Vo LINDA A. KLAIBER Defendant, IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY,PENNSYLVANIA NO. CIVIL ACTION - IN DIVORCE I verify that the DIVORCE are true and correct. herein are made subject to the penalties of 18 Pa.C.S. relating to unsworn falslflcatlo to authorities VERIFICATION statements made in this COMPLAINT IN I understand that false statements §4904 MICHAEL J. KLAIBER : Plaintiff, : : V. : : LINDA A. KLAIBER, : Defendant, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE No. 02-2782-civil WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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 falsifications to authorities. ~da~A. Klaiber ~ ' - MICHAEL J. KLAIBER Plaintiff V. LINDA A. KLAIBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2782-CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) Divorce Code was filed on JUNE 7, 2002. of the 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety {90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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. 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.A. § 4904 relating to unsworn falsification to authorities. ~fHda A. Klaiber MICHAEL J. KLAIBER : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE LINDA A. KLAIBER, : Defendant, : No. 02-2782-civil WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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 falsifications to authorities. Dat ed: Michael J: Kla~e'r ' ~ MICHAEL j. KLAIBER Plaintiff V. LINDA A. KLAIBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2782-CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Divorce Code was filed on JUNE 7, 2002. Section 3301(c) of the 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 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. 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.A. § 4904 relating to unsworn falsification to authorities. DATE: MICHAEL J. KLAIBER Plaintiff LINDA A. KLAIBER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.02-2782 CIVIL 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: by mailing a copy to the Defendant's last known address, by both regular mail and certified mail, restricted delivery, to addressee only, pursuant to Pa. R.C.P. 1930.4(c), on June 19, 2002, as evidenced by a return receipt attached hereto. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, November 6, 2002 and Defendant, October 23, 2002. Said Affidavits of Consent are enclosed for filing. 4. Related claims pending: None. 5. Defendant's Waiver of Notice in Section 3301(c) Divorce dated October 23, 2002 is attached for filing. Jef e~ ~e~r Supreme Court I.D. 15966 226 West Chocolate Avenue Hershey, PA 17033 (717) 533-8889 D" IT" rU I'U Certified Fee Return Receipt Fee g (Endorsement Required) (Endomerne~t ReqUired) Total · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: LINDA A. KLAIBER 639 MALLARD DRIVE ETTERS, PA 17319 2. Article Number (Copy from service label) 7001 1940 0004 2592 9409 ._ Ps Form 3811, July 1999 Dome~tc Return Receipt C. Signature ! address different from item 17 enter delivery address below: [] Agent [] A~,d, ~&see Il]Yes -- I-1 No  3. Service Type I~1 Certified Mail [] Express Mail []Registered [] Return Receipt for Merchandise [] C.O.D. [ 4. Restricted Del,very?~,tra---~) '~ ~ u.S. POSTAL SERVICE MAY BE USED FOR DOMESTIC AND INTERNATLONAL MAIL, DOES NOT PROVIDE FOR INSURANCE--POSTMASTER Received From: JEFFREY A. KEITER, J.D. 226 WEST CHOCOLATE AVENUE HERSHEY, PA 17033 One piece of ordinary mail addressed to: LINDA A. KLAIBER 639 MALLARD DRIVE ETTERS, PA 17319 102595.00.M.0952 c PS Form 3817, Mar. 1989 AGREEMENT Between Michael A. Klaiber and Linda A. Klaiber Jeffrey A. Keiter, J.D. Counsel for Michael A. Klaiber Page 1 of 28 NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Wife or Husband to a divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a c~ondonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 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. As soon as practicable after the expiration of the statutory waiting period following the filing service of the Divorce Complaint, Husband and Wife shall each execute the appropriate Affidavits of Consent and Waivers of Notice of Intention to Request Final Decree of Divorce, which documents shall be filed as soon as practicable in the Office of the Page 3 of 28 Prothonotary of Cumberland County, Pennsylvania. As soon as practicable after the expiration of the aforementioned statutory waiting period, Husband shall and, by execution hereof, hereby instructs his attorney to file a praecipe requesting an absolute and final decree of divorce pursuant to § 3301(c) of the Divorce Code, as amended. 2. EFFECT OF DIVORCE DECREE The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties, and shall not be modified in any respect by said final decree. ~ 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement shall be incorporated by reference or in substance but shall not be deemed merged into such judgment or decree. This Agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings brought in any court of competent jurisdiction, whether enforcement is sought in an action Page 4 of 28 on the contract itself or in any enforcement action filed to the divorce caption or otherwise. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. The date of execution of a copy of this Agreement which has been transmitted by facsimile device to a party, provided the party within a reasonable time thereafter executes a hard copy of the Agreement, sha~l be deemed to be the date of execution by such party. 5. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall take place on the "distribution date" which shall be defined as the date of execution, unless otherwise specified herein. 6. ADVICE OF COUNSEL Husband has been represented by Jeffrey A. Keiter, Esquire. Wife has chosen not to retain an attorney notwithstanding the fact that the attorney for Husband has told her that she has an absolute right to be represented by an attorney. Wife has chosen instead to Page 5 of 28 negotiate directly with counsel and/or with her Husband. Wife hereby acknowledges that she has done so willingly and that she fully understands the facts and has been fully informed and understands that had a Court decided this matter, she may have received more or less than is provided for in this Agreement. Wife knowingly waives her right, if any, to utilize the lack of her legal representation as a basis to attack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including heir assets, liabilities and income. Each of the parties acknowledges and agrees that, after having received such information and with such knowledge, thi~s 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. 7. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, continue to live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment Page 6 of 28 which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 8. PERSONAL PROPERTY Except as otherwise provided and specifically set forth herein, Wife hereby assigns, conveys and transfers to Husband all of her right, title and interest in and to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other items of tangible personal property of whatever nature which are presently located or situated in the residence at 61 Greenmont Drive, Enola, Cumberland County, Pennsylvania. The aforesaid items shall constitute the sole and exclusive property of Husband. Except as otherwise provided and specifically set forth herein, Husband hereby assigns, conveys and transfers all of his right, title and interest in and to any and all furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and any other items of tangible personal property of whatever nature which are presently located or situated in the current residence of Wife at 639 Mallard Drive, Etters, Pennsylvania. The aforesaid items shall constitute the sole and exclusive property of Wife. Page 7 of 28 By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons any claims which he or she may have with respect to those items hereby assigned to the other, which items shall hereafter be the sole and exclusive property of the other. 9. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: ao trucks, motorcycles, etc.) exclusive property of Wife, Vehicle The following described motor vehicles (i.e., automobiles, shall hereafter be the sole and subject to any liens and encumbrances: 1. 2000 VW Bug Estimated Market Value Unknown B. The following described motor vehicles (i.e., automobiles, trucks, motorcycles, exclusive property encumbrances: Vehicle 1. 1994 Jeep etc.) shall hereafter be the sole and of Husband, subject to any liens and YIN 1J4FT852RL250307 Estimated Market Valu~ Unknown Page 8 of 28 C. The parties agree to execute any documents necessary to effectuate the provisions of this Paragraph on the execution date hereof, including Certificates of Title and Vehicle Sales and Use Tax Returns as necessary to make any conveyances on a tax-free basis if possible. The said documents shall be delivered to the party entitled to receive same pursuant hereto on distribution date. D. In the event that any documents of title to the said vehicles shall be in the hands of a bank or other holder of a lien or encumbrance upon any of the said vehicles, and it is intended that such vehicle be conveyed subject to the said lien or encumbrance, the parties agree that the~_ will advise the bank and/or lienholder as to the transfer of title and they further agree to execute whatever documents may be required to transfer title where the vehicle's document(s) of title are in the hands of such bank and/or lienholder. 10. INTER~ST IN RESID~NC~ Husband and Wife are the joint owners of real estate known as 61 Greenmont Drive in Enola, Cumberland County, Pennsylvania (hereinafter called the "Enola Property"). On the execution date, Wife shall make, execute and deliver to Husband all documents in the usual form conveying, transferring and granting to husband all of her right, title and interest in and to Page 9 of 28 the Enola Property. The said conveyance shall be free of all liens and encumbrances except the lien of the existing first mortgage given to Baltimore American Mortgage Corporation on March 12, 1999, to secure a purchase money loan in the original amount of $124,000.00 and a certain second mortgage given to Guaranty Bank, SSB on February 12, 2002, to secure a personal line of credit in the amount of $50,000.00, and shall be under and subject to any covenants and restrictions of record. Wife hereby assigns to Husband any and all interest which she may have in any insurance policies (including title insurance) covering the real estate, or in proceeds from such policies, or in any prepaid real estate taxes. Husband hereby guarantees to indemnify Wife and to hold her harmless for any and all payments due in accordance with the terms of the mortgages existing against the property. 11. REAL ESTATE EXPENSES From the date of separation of the parties, Husband will assume as his sole obligation any and all past, present or future mortgage payments, taxes, utility charges, insurance, maintenance, repairs, claims, damages and all other expenses incurred in connection with the Enola Progert¥. Husband further agrees and covenants to hold Wife harmless from any liability or obligation arising from any expense incurred in connection with the Enola Property. Page 10 of 28 12. EXCLUSIVE RIGHT OF OCCUPANCY OF REAL ESTATE From the date of execution hereof, Husband shall have the exclusive fight to occupy the Enola Property, without interference or harassment by Wife. 13. RELEASE OF MORTGAGE LIABILITY As soon as practicable after the date of execution hereof, Husband shall make a good faith and diligent effort to secure the release and discharge of Wife from any liability in connection with the aforementioned first and second mortgage obligations. In the event Husband is unable to secure Wife's release and discharge within from said obligations within six months from the date of execution hereof, Husband shall continue t_p make a diligent and good faith effort to secure such releases at least one time during every 12 month period thereafter until the obligations have been satisfied or Wife's release and discharge has been secured. 14. WAIVER OF PENSION OR RETIREMENT BENEFITS Husband and Wife each acknowledge and confirm that Husband has acquired certain pension, retirement and/or retirement savings benefits during the period the parties have been married to each other, all of which benefits may - and probably would be - deemed "marital property", in whole or in part, and, therefore, subject to equitable distribution or division in a divorce action. Despite the fact that a portion of such benefits accrued since or during Page 11 of 28 marked Exhibit ~B", had a market value, as of November 30, 2001, of $25,944 . 35. Wife is aware of her right to be independently advised of (and has freely waived such right) and is fully cognizant of her right to a full and fair disclosure by Husband and/or calculation, by an independent expert, of the estimated "present value" , or other value, of the "marital" portion of Husband's Retirement Savings Plan. Wife confirms that she is knowingly and intelligently waiving her right to such disclosures and calculations. Wife further confirms that in executing this Agreement - and by signing below, where indicated - in the absence of such a disclosure and/or calculation, she forever waives any future right to set aside this Agreement, or specifically this paragraph 14, based upon the absence of such a disclosure or calculation. Wife Will represents and warrants that she is not the owner of or participant in any form of qualified or unqualified defined benefit, defined contribution, deferred compensation, IRA or any other form of retirement savings plans, contracts or policies available through any present or past places of employment or otherwise. Page 13 of 28 15. SEPARATE ASSETS A. Release: The parties hereby agree that as to each of their separate assets, as that term is defined herein, the party not having title to or possession of any particular separate asset hereby waives, releases, relinquishes and forever abandons any and all claim therein, and acknowledges that hereafter the party having title to or possession of a separate asset is the sole and exclusive owner thereof. B. Limitation to Assets Disclosed: The above release is subject to the proviso that it shall be effective only as to those assets disclosed by the parties on their respective financial disclosures set forth in this Agreement and in any exhibits or schedules hereof. Neither party intends by the execution hereof to release any claim which he or she may have in assets which have not been disclosed in a writing made part of this Agreement. C. Definition: The term "separate asset" is defined for purposes of this Agreement as designating any asset of any kind (whether real, personal or mixed, tangible or intangible) which is presently titled either in the sole name of a party hereto or jointly with one of the parties hereto and a third party or parties. The term also includes any untitled asset which is presently in the sole possession of one of the parties hereto. The term shall further include any business interests owned by Page 14 of 28 either party, whether individually or together with a third party or parties. D. Indemnification as to Expenses: Each of the parties hereby guarantees to indemnify and hold the other harmless from any liability, cost or expense, including attorneys' fees and interest, which either may be in the future or has been previously incurred with respect to the parties' separate assets as defined herein. 16. 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 acquired by him or her after execution of this Agreement, 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. 17. TAX CONSEQUENCES It is the understanding of the parties that the property transfers described in the preceding Paragraphs of this Agreement are within the provisions of Section 1041 of the Internal Revenue Code and will not result in the recognition of any gain or loss upon the transfer. It is understood by the parties that the transfer of property subject to Section 1041 of the Internal Page 15 of 28 Revenue Code will require that the transferee take the property with the tax basis equal to the tax basis that the property had in the hands of the transferor. 19. RELEASE OF SUPPORT AND ALIMONY--ACKNOWLEDGMENT OF ADEQUACY The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be_ghanges in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It Page 16 of 28 shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 20. CUSTODY Husband and Wife shall share the legal custody of the parties minor son, Ryan Michael Klaiber, born May 4, 1993. Wife and Husband shall also share the physical custody of the said minor child during such times and at such places as the parties may, from time to time agree, is in the best interests of Ryan. 21. SUPPORT The parties have intentionally made no provision for the support or maintenance of the parties' min~ child, Ryan, under the terms of this Agreement. The support of Ryan shall be determined by agreement between the parties or by any court of competent jurisdiction. 22. HEALTH INSURANCE Each party hereby assumes liability of any past, present or future medical expenses of any kind incurred by them or on their behalf and each party shall hereafter be responsible to provide medical insurance benefits for themselves. 23. COUNSEL FEES AND EXPENSES Each party hereby agrees to be solely responsible for her or his own counsel fees, costs and expenses and that neither shall Page 17 of 28 seek any contribution thereto from the other party except as otherwise expressly provided herein. 24. EXISTING AND FUTURE PERSONAL OBLIGATIONS The parties hereby agree that all existing personal liabilities, debts and obligations of every description which have been incurred by either of them shall be paid in a timely fashion by the party who is assigned responsibility for the said liability by the provisions of this Agreement. Husband and Wife each hereby indemnify the other and guarantee to hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of Husband or Wife by the provisions of this ~greement. Further, Wife and Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable except as specifically disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for Page 18 of 28 necessities, except for obligations arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, and that no charges shall be incurred by either party against any joint account from the date of execution hereof. 25. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: (a) Each party 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 Page 19 of 28 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 acts, contracts, engagements or liabilities of 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 again~ 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 of 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 party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right Page 20 of 28 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, w~ch either party ever had or now has against the other. 26. FINANCIAL DISCLOSURE The parties acknowledge and agree that they have voluntarily and through formal discovery requests made by their attorneys provided to each other and their respective legal counsel, copies of all relevant documents and other information sufficient to identify and value all marital assets and income. In addition, incorporated into this Agreement are financial disclosures of the parties with respect to certain assets. Except as otherwise set forth herein, each party confirms that he or she is relying upon the substantial accuracy of the financial disclosures as an Page 21 of 28 inducement to the execution of this Agreement. Each party warrants and represents to the other that the disclosure of financial information and documentation is substantially accurate as of the dates set forth on the documents disclosed or as set forth in this Agreement. 27. WAIVER OR MODIFICATION TO BE IN WRITING NO modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 28. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in ~pcordance with the laws of the Commonwealth of Pennsylvania. 29. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 30. INTEGRATION 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. Page 22 of 28 31. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefor) execute 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. 32. NO WAIVER OF DEFAULT 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 any of the provisions of th~ Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 33. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement sha~l be determined or declared to be void or invalid in law or otherwise, then only that term, Page 23 of 28 condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 34. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to 61 Greenmont Drive, Enola, Cumberland County, Pennsylvania, 17025, and Jeffrey A. Keiter, J.D., Esquire, at 226 West Chocolate Ave., Hershey, PA 17033 or such other address as Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, return receipt requested, to 639 Mallard Drive, Etters, Pennsylvania, or to such address hereinafter provided, in writing, to Husband by Wife. 35. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 36. CONTRACT INTERPRETATION Page 24 of 28 For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 37. BANKRUPTCY OR REORGANIZATION PROCEEDINGS 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 attorneys, fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or is dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. 38. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT Page 25 of 28 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 be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. 39. INCORPORATION Ail the statements and paragraphs set forth in the preceding WHEREAS clauses to this Agreement are incorporated herein by reference, and are made a part hereof with the same force and effect as if restated in full. However, t~ the extent inconsistent, the provisions of this Agreement shall prevail over any inconsistent provisions contained in the WHEREAS clauses to this Agreement. 40. ACKNOWLEDG~4ENT OF SOCIAL SECURITY NUMBERS Husband hereby warrants that his Social Security Number is 185-52-6816. Wife hereby warrants that her Social Security Number is 190-40-1035. 41. 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 Page 26 of 28 this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 42. READING OF AGREEMENT Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. WITNESS WITNESS Linda A. Klaiber Michael J. ~aiber (SEAL) (SEAL) Page 27 of 28 ACKNOWLEDG%~ENTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN .' SS: , 2002, before me, a Notary Public, the undersigned officer, personally appeared Michael J. Klaiber known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and he acknowledged that he executed the instrument for the purposes stated in the instrument. In witness whereof, I set my hand and official seal. STATE OF P~ COUNTY OF ~~ ~-~c[signa_t~u~re ] Notars~Pubi'i6 N°tari~! "~ J -J ~ E. Collins, Nota~ ~ / De~ Twp., Dauphin ~ _ ~ ~ ~ Commission Expires De~ 29, ~ On ~ ~ , 2002, before me, Nota~ Public, the undersigned officer, personally appeared Linda A. Klaiber kno~ to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and she acknowledged that she executed the instrument for the purposes stated in the instrument. In witness whereof, I set my hand and official seal. Page 28 of 28 Moore's Lumber & Building Supplies, Inc. 3517 Brandon Ave Roanoke VA 24022-2908 Your Retirement Plan Financial Statement MOORI?S HICHAEL J KLAIBER 61 GREENHONT DRIVE ENOLA PA 17025 For the Period i/1/2001 - 3/31/2001 Page ! RETIREMENT SAVINGS PLAN Soc. Sec. Number:.185-52-6816 Birth Date: 11/4/'1964 Date of Hire: 2/6,/1995 · n Entry Date: !/1/1997 Location: OOl Stms: ACTIVE Plan luform&tlon That You Should Know This statement reflects all txansacttons processed by the last day of the quarter and may not include the most recent payroll contributions. You can access a 90-day history of your account by accessing CIGNA's AnswerNet at https://answernet.~etixe.cigna.com, or you can speak to a representative regarding your account through CIGNA's AnswerLine at 1.800.253.2287. Your Account Summary O%ange this Period - $5,000.88 Current Vested Balance $34,332.51 Outstanding Loan Balance $2,226.99 Balances do not include outstanding loan balance Your Portfdio Composition By Investment Category [] Guwantoed 3% [] Bdmced 28% [] bzge Company S~ock 48% [] tdidsizo Compmy Sin& 13% Your Plan Contribution Summary Cottrbtiom Cmrlutfeas Teds P~J0d ~s Year Your Contributions PRE-TAX $713.40 $713.40 Subtotal $713.40 $713.40 Company Contributions MATCH AFTER 93 $356.70 $356.70 Subtotal $356.70 $356.70 Your Account's Investment Performance For This Period: - 16.33~ Since January 1: - 16.33~ Your personaltzed rate of return is calculated using a dollar-weighted formula, a formula used by various financial analysts to calculate the investment earnings of a portfolio. Your Account's Investment Performance takes into consideration your Opening and Closing Balances, and cash activity sucb as contributions, loam, and withdrawals, on the date the transaction occurred. Otber personal rate of return calculations may yteld different results. CIGNA Retirement & Investment Services This statement moy not reflect your recent transactions and is based on prices provided by third oarty vendors as of the !ssuan..ce of,this statement. Any changes reported to us in unit/share values su/2sequent t(i the s~uan~e of lhis statement will I)e reflected in your next Financial Statement. Please verify this information and notify your Benefits Manager or call CIGNA': AnswerLine® if you have any questions. t CIGNA Website CIGNA 's AnswerLine® ~ www. cigna, corn 1-800-253-2287 eBWNFWRpE ment se~e~b'. ' awn ' · 61 ;REE J ' NYe,70 umY Num ..?~ber~ ~n . merit ENoL ~HONT ~.~LAZa=. v.. 28322 , our Cont . . e Loan Contdb~ Cha~ep~y~ents ~s S~3,~.~ ~n~mg ~ ._3. g ~~fo~ r~,o~~ ' , ~. e.4o · D/v/~Z':_ ¥~ance .... ~ $25,944 ~oans are ~.'~"~ ~Oan Balan- $2~ ~- e~inn b_,~" ~set ~ u~ ~e ~'~ 35 ~ ~. ~uUr~countbu. _ , ere not includ~?.a01.6S ~ ~ Your Stocks 87% BOnds 11% Short-term 2% FOur. Personal "S~nent e---. Widely )s~.. ~'mgsof._ ~ oY fln -., results, n[~ce Of Re~,. ~,y acuity in Th · Addition YOur hie ~.~.,a.I Fund ~.,_ n-~u rUncls. " "urn~ation YOLtr accotj ~Pecified aUbn~t, Is CUrren,,. . .. ,u roundinr, ,~ve. Perc;~al_located ;~e'we~ht~ y not b~ - "~ °r Y~r Sect~n lists the allocation of :~unL ~ere may y~ ~ gu~t~ Your Ac / ~ · eo~.48 ' ========================'" ~ o ~ ~ s ~ ~ . ~ s w ~ ese qUa~e t ~te ~' ~c Y ~ ~ Ur Wet ~ve Moore's,L~n3b~ 8, Building Supplies Retirement Savings Plan Statement Period: 09/(~1/2001 t'o 11/30/2001 Social Security Number: 185-52-6816 Your Statement Glossary Average Annual Total Return This is the hypothetical rate of return, that if the investment optic, n achieved it over a year's time, would produce the same cumulative total return if the investment option performed consistently over the e~:~tire period. A total return is expressed in a pementaga and tells you how much the investment has earned or lost over time, assuming that' all dividends and capital gains are reinvested. Change in Market Value The change in value reflects the fluctuations in the price per sharE! of the investment option because of changes in their underlying investments (stocks, bonds or short term investments). In the Account Summery section of your statement, this number is the total of ail changes in all of your investments due to these types of fluctuatio~s. Cumulative Total Return This number tells you an investment's actual performance for a certain period of time. A to~ai return is expressed in a percentage and tells you how much money you have earned or lost on an investment over tirne, assuming that all dividends and capital gains are reinvested. Dividends In the investment options of your plan, including mutual funds and company stock (if applicable), div!dand, s a, re ,money paid to sh.are, holder,s that comes from the investment income that the fund has earned. ['jepending on the roles of your plan, (=vi~enos on company STOCK may oe reinvested into your retirement account or paid to you in cash. Market Vahle Market Value is the dollar value of the investments in your account. Yc , can calculate the market value by using the following formula: Market Value = Number of shares in your account x Pdce per share of t ,e fund. Shares Shares are your units of ownership of each investment in your account Share Price The value of one share of each investment in your account is called si;~are price. It is determined by taking the total value of the whole investment option on a given day and dividing it by the number of sh.ares outstanding. Vesting Vesting refers to your level of ownership in company contributions ;~nd any associated earnings. When the company contributes money to your account, it resides in your account, under your name. This mc~ney becomes fully yours once you have satisfied the vesting requirements of your plan. You are always entitled to 100% of your contributions and any associated eamings. Some special information about other sections in your account statement Asset Allocation Investments can be divided into three major asset classes: Stocks, Bonds, and Short Term investments. These asset classes represent the different types of underlying securities that may be held in the investment option(s) you own. Please note that you may be invested in a blended fund where the fund holdings are invested in more than one asset class. e Stocks Stocks can add a growth component to your portfolio. They represent ownership or equity in a company. Stocks have the potential to outperform other types of investments over the long term. However, stocks tend to have wider price fluctuations oval' short periods of time than other securities. · Bonds Bonds can add an income portion to your portfolio. They represent a loan to a corporation or Government Agency, and provide the opportunity for higher current income than short-term investments. Unlike short-term investments and stable value investments, bond prices fluctuate with changes in interest rates. · Short Term Short term investments can add stability to your portfolio. They provide current income and seek to preserve the value of your investment. They also tend to provide the lowest retums over the long term. Examples of these investments include certificates of deposit (CDs), Treasury Bills and Money Market Instruments. Market Indices A Market index can measure the general trends in the performance of particular market segments. You can use the appropriate market index to compare the performance (Average Annual Return) of the options in which you're invested. · Standard and Poor's 500 The S&P 500 incorporates a broad base ol 500 stocks, including industrial, utility, and financial companies. Some of its stocks have a greater influence on the direction of the market. The S&P 500 calculation takes this into account by giving greater weight to these stocks. The companies that make up the S&P 500 are traded on the American and New York Stock Exchanges, as well as the Over-The-Counter Exchange. ~ Lehman Bros. Aggregate Bond Index This measures the total return of over 6,000 high-quality bond issues, including government, corporate, and mortgage sectors.. Bonds in this price-weighted index have an average maturity ot 10 years. e Morclan Stanley EAFE Index -The MSCl EAFE Index (Morgan Stanley Capital International Europe, Australasia, and Far East, Index) is an unmanaged index and includes the reinvestment of dividends. It is designed to represent the performance of developed stock markets outside the United States and Canada. The MSCl EAFE Index is a registered service mark of Morgan Stanley and has been licensed for use by FMR Corp. 28311 K7028311 0001 20011213 K7CF i lllll IIIII Ill iilllll IIIII Illll IIIII lilll IIl IIII IIII Illll Illlll Illli III Iill 18552681u Page 6 of 6 I IN The COURT Of COMMON PLEAS MICHAEL J. KLAIBER PLAINTIFF OF CUMBERLAND COUNTY STATE OF .,~l~~_ PENNA. NO. 02-2782 CIVIL VERSUS "I'.TNhA A. 'KT.ATBER DEFENDANT DECree IN DIVORCE AND NOW, ~ ~ , 2002 DECREED THAT MICHAEL J. KLAIBER , it iS ORDERED AND , PLAINTIFF, AND LINDA A. KLAIBER , 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; ~ROTH 0 N OTA Ri'