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Home My WebLink About94-06890 f .oJ tt . " 7 e"' Q1 ~ .cV u.. ( '- ~ J . z , I I , i ! i ) i -:~ .:C" .:+:. .:c. .:.:- .:.:. .:<<. .:c. .:co .:c. -:<<0 .:.:. .:.:. .:.:. .:+:. .:.:. .:.:. .:.;. .:+:. .:.:. >':+:':~':+):~':':-:':+;'..':':- .:.:. .:+:-<e-:':..-::-., ~ ~. ,-~- . ~ ~ 8 e IN THE COURT OF COMMON PLEAS ~ ~ e ~ ~ ~ $ ~ ~ ~ ~ ~ ~ DEe R EEl N ..,. 1,. ~'b fJ~ ~ D I V 0 R cg-, ~ V' "'1 : . .. . . .th. " 19....... it Is ordered and 8 ~.; ~ ~ ~ w ~;. ~ ...' OF CUMBERLAND COUNTY STATE OF _Ilt ?; - ", . "r PENNA. ~ 8 ~ ~ ~ e 8 ,;, ~ ~ e 8 ~ r, ,;, ~ ,;, " .~ ~ ., ~ *- '.' ~ .,. * ~ ~ ~ ~ . ~ ~ II I/}--:- '1.h"'t . ~a(.I.?~,,~~' I ~ ~ ~241,(a ~ tkj&, ~ l:<i ~ (/;/ Prnlhnnolnry ! ~ ~...;-:Z:--:i:: ::.,::-::;::1i -.:;;'- :?;:.-~:;::-::.:. '.:i -::;;.' :i.;' ::.::' ...':.... '. - '~." ..... ...~. ...... '..... ...:.' ...... >." ..... ..... ..... ..... ..... ...:. ~ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. SUSAN B. FEINBERG, !I l.,'il90 , N ( ) .!I4~6-96QCiviLTcIW Plaintiff, \"'1':-;11:1 s ...DAVID S. FEINBERG, e ~ Defendant ,I /. ~ ,;, " ,;, " ~ !!I $ ~ ~ 8 g ~ e ~ .... ~ w " 8 ~ AND NOW. .... dACrAAd thot .... SUSAN. B. .FE:LNBERG .. . . , .. . . ..,..... . ....... plaintiff. and . , . , . . . . . . . . . .oAVlll .S., .F.El~Pl':RG. . . . . . . . . . . . . . . , . , . . . . ., defendant. ore cllvorcAd from the honds of matrimony. The court retolns jurisdiction of the following claims which have been roisAd of record in this action for which a final order has not yet been Antered; None .... ........ ........... ................ ......... ............ ....... ..... "j ................... ...... ...... ........ ................. f.:: t-) G ,.; .:1 ,.. .. So<{ LJ,C,:' - 1';'" :-:: CJ.., ,. I:) ~.( ,. , -.:: c), .:. , . "J El:'" ." LI'''. f', ,.... ft" W ~J. ~::.. .r ." ' 'I J ,.. CJ i.l o:t: > ~ ,... :3 C1'l (J ~~ I ~ ~ " N .... .jJ ;1 i~e .... c: ~ 5 'M tU ~ ~ ~~ !::. .jJ 'tl "' . "'" z c: . ~ ll.~ ~:: 0 . 'M :t: t!ltU t!l.... ~~ ~f .. ~~s Cl~ Cl8 on fi! fi! ~~ ~. ~ ~8~ I-l I-l Ii;" 11i ... ~ ~ en ;1 8 g:el z 5 . ~ 0 !::. "'Ill: . > . ~ ~ ':'!5! III en U '"" lnl-l ~ Q ~ Q ~ 1Il fg . . . . . . to. . .. " .. CONSTANCE P. BRUNT A1TORNF.Y AT LAW ." .' . to '. ,.. /', are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; the settling of all matters between them relating to the past, present, or future support and/or maintenance 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 estate, particularly those responsibilities and rights growing out of the marriage relationship; and WHEREAS, both Husband and Wife have been fully, sepa- rately and independently advised of their legal rights and obligations, and each covenants that he and she has each made a full and complete disclosure to the other of his or her respec- tive property, holdings and income; and The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. The Wife has employed and had the benefit of counsel of CONSTANCE P. BRUNT, ESQUIRE, as her attorney. The Husband has employed and had the benefit of counsel of JOHN J. CONNELLY, JR., ESQUIRE, as his attorney. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been 2 . " .. ! fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknow- ledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the Court has the right and duty to determine all marital rights of the parties, including divorce, alimony, alimony pendente lite, equitable distribution of all marital property owned or possessed jointly or individually by either party, counsel fees and costs of litigation, and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County or any other court of competent jurisdiction make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 3 .. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: l. SEPARATION. It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside, from time to time, at such place or places as they shall respectively deem fit, free from any control, restraint or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Wife has filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, docketed to No. 94 - 6890 civil Term, claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably 4 .~ broken, and they shall execute on or about December l, 1997, any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 330l(c) of the Divorce Code on or before December 3l, 1997. Counsel for Wife shall file all necessary documents including a praecipe to transmit the record so that the divorce decree is entered on or before December 3l, 1997. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry/ it being understood by and between the parties hereto that this Agreement shall survive and shall not be 5 '. merged into any decreet judgment, or order of divorce or separation. Notwithstanding the provisions of the Pennsylvania Divorce Code or of any law to the contrary, none of the terms and provisions of this Agreement shall be subject to modification by the Court or in any fashion other than as set forth hereinafter. It is specifically agreed, however, that this Agreement shall be subject to enforcement under the provisions of the Pennsylvania Divorce Code or/ at the option at the aggrieved party, by a suit against the alleged breaching party either in law or in equity. 3. ~PPECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", 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. 4. DEBTS AND OBLIGATIONS. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, 6 except as otherwise set forth herein. Husband represents and warrants to Wife that, since the separation, he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. 5. MUTUAL RELEASES. Husband and Wife do hereby mutually remise, release, quit-claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy; or claims in the nature of dower or curtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other 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, 7 commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony oendente ~, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon 8 ~ request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to the contrary contained herein notwithstanding, Husband and Wife shall be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provisions of the Divorce Code, at the time of the signing of th~s Agreement. 7. ALXMONY. Husband shall pay to Wife alimony in the amount of $2,lOO.OO per month for forty-eight (46) montha, commencing on April l, 1996. The said payments shall be made to Wife in bi-weekly payments of $969.23, within three (3) days of Husband's receipt of a bi-weekly paycheck. The said alimony payments shall be non-modifiable in any respect, except that they shall terminate upon Wife's death, remarriage or cohabitation with an unrelated male. The said alimony payments shall be deductible by Husband and includable in Wife's income for federal 9 income tax purposes, commencing with the payment due on January 1, 1997. All payments due from April l, 1996 through December 3l, 1996, shall not be deductible by Husband, nor shall they constitute taxable income to Wife, regardless of when paid. 6. COLLEGE SUPPORT. Husband shall be solely responsible for the costs of the post-secondary education of the two children of the parties, and he shall consult with them regarding the payment of these expenses. Husband waives any right to claim contribution from Wife toward the post-secondary education expenses or other support of the children of the parties, and he shall indemnify her and save her harmless from any liability thereon. 9. MEDICAL INSURANCE. Husband shall provide medical insurance for the benefit of the two children of the parties until each graduates from college and shall pay all medical expenses which are not reimbursed by insurance. Husband's said obligations are conditioned upon the continuing eligibility of the children for coverage as Husband's dependents under any coverage available to hin\ through his employment. Husband shall also provide medical insurance for the benefit of Wife, as available through his employment, until the entry of a final Decree in Divorce, which shall occur on or about December 3l, 1997. lO , , lO. DEPENDENCY EXEMPTIONS. Husband shall be entitled to claim the dependency exemptions for both of the children of the parties on his federal income tax returns for each year in which they are available, commencing in 1997. ll. ESCROW ACCOUNTS. The parties acknowledge that there presently exist two escrow accounts with Dauphin Deposit Bank, account numbers 77-39l40-3 and 77-38309-5, having balances of $53,496.04 and $20,430.02, respectively, as of March 20, 1997. The parties agree that the said accounts shall be promptly closed following the date of execution of this Agreement. The entire balance of account #77-39l40-3 shall be distributed to Wife as her sole and separate property, and the entire balance of account #77-36309-5 shall be distributed to Husband as his sole and separate property. l2. VEHICLES. Husband shall retain possession and ownership of the 1992 Toyota Camry, presently in his possession, free and clear of any claim, right, title or interest in said vehicle on the part of Wife. Wife shall retain ownership and possession of the 1989 Toyota Camry, which is presently in her possession free and clear of any claim, right, title or interest in said vehicle on the part of Husband. The parties agree to execute any necessary documents and to cooperate in any necessary fashion to effectuate such title transfers as may be required. II ~ . l3. DISTRIBUTION OF CASH ASSETS. STOCKS AND BONDS. Wife and Husband hereby acknowledge and agree that Wife shall retain as her separate property, free and clear from any claim, right, title or interest on the part of Husband, the following assets: 1. l04 U.S. Series EE Savings Bonds each having a face value of $lOO.OO, of issued between June, 196B and May 1992. 2. State of Israel Bonds. 3. Nicholas Fund Account Number 02l-023- 230266990l. 4. Janus Individual Retirement Account. Husband and Wife hereby acknowledge and agree that Husband shall retain as his separate property, free and clear from any claim, right, title or interest on the part of Wife the following assets: l. Gabelli Individual Retirement Account. 2. Northwestern Mutual Life Policy No. 6227566. 3. Northwestern Mutual Life Policy No. 596ll64. 4. Northwestern Mutual Life Policy No. 9066649. 5. Northwestern Mutual Life Policy No. l06461l1. 6. Northwestern Mutual Life Policy No. lOl0792l. 7. S.R. WOJDAK Associates, Inc. 401(k) account. The parties shall each retain as their sole and separate property any other bank, brokerage, credit union, or other depository accounts of any nature which they now hold in their individual names. l2 '. '. '. ," l4. STATE EMPLOYES' RETIREMENT SYSTEM PENSION. The parties acknowledge that Husband is a member of the State Employes' Retirement System (hereinafter "SERS") as a result of his former employment with the Commonwealth of Pennsylvania. They further acknowledge that the entire retirement benefit to which Husband is now or hereafter entitled is marital property. The parties agree that 55% of Husband's retirement benefit shall be distributed to Wife as her equitable distribution portion of this asset. Husband shall be required to elect a Special Option Four benefit providing for a lump sum payment of his total accumulated deductions and for a joint and equitable distribution portion percent annuity payable during Husband's lifetime with an equitable distribution portion of such annuity payable thereafter to Wife as his survivor annuitant. The intent of this Special Option Four selection is to maintain levelized payments to Wife for her lifetime in the event of Husband's death after retirement. She shall receive her 55% equitable distribution portion of Husband's retirement benefit by direct payment from SERS during Husband's lifetime and the same amount as a survivor annuitant in the event that Husband predeceases Wife after his retirement. In the event that Wife predeceases Husband, her estate shall be entitled to receive payment from SERS of her equitable distribution portion of Husband's monthly retirement benefits for the balance of Husband's life. Further, Husband shall be required to nominate Wife as a beneficiary to the extent 13 : ,. '. . .' of her 55% equitable distribution portion for receipt of any death benefits payable by SERS, and he shall maintain such death benefit designation in full force and effect thereafter. The parties shall cooperate in all reasonable and necessary respects to obtain the entry of an Approved Domestic Relations Order directing the distribution of Husband's SERS Retirement as set forth herein as soon as possible after the execution of this Agreement. l5. LIFE INSURANCE. Husband shall obtain within thirty (30) days from the date of execution of this Agreement a life insurance policy insuring his life in the minimum amount of $150,000.00, naming Wife as the sole irrevocable beneficiary thereof. Husband shall maintain the said policy in full force and effect with such beneficiary designation until such time as Husband's alimony obligations as set forth hereinabove shall terminate and be paid in full. In the event that the parties' daughter, Rebecca A. Feinberg, has not yet completed her undergraduate degree when Husband's alimony obligation terminates, Husband shall continue to maintain life insurance insuring his life in the minimum amount of $50,000.00, naming his said daughter as the beneficiary thereof, until such time as she completes her degree or until she reaches the age of 24, whichever first occurs. Husband shall pay all premiums due on such policies in a timely fashion, and he shall be prohibited 14 #. -, " from borrowing against, assigning, pledging or otherwise encumbering the said insurance policy or surrendering it to obtain its cash value. Within thirty (30) days after the date of execution of this Agreement, Husband shall deliver to Wife or her attorney satisfactory proof that such insurance coverage has been obtained and that the irrevocable beneficiary designation required by this paragraph has been properly endorsed on the said policy. Thereafter, Husband shall provide proof annually to Wife of the continued maintenance of the said policy in accordance with the terms of this paragraph, the current beneficiary designation, and payment of all premiums up to date. 16. CAPITAL GAINS. The parties acknowledge that they sold their former marital residence during 1995 and that they filed a joint Federal Income Tax Return for that year. The parties agree that they shall each claim one-half of the capital gain realized upon the sale of said marital residence and shall pay any taxes, penalties or interest thereon, indemnifying the other party from any obligation thereon. 17. TAXES. By this Agreement, the parties have intended to effectuate and by this Agreement have equitably divided their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. The division of existing marital 15 ~ ,r property is not, except as may be otherwise expressly provided herein, 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. As a part of the division of the marital property and the marital settlement herein contained, the parties agree to save and hold each other harmless from one-half of all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties or interest. The parties agree that they will file joint federal income tax returns for 1996 and they shall cooperate in the preparation of said return by Valerie J. Hunsicker, CPA, as soon as practicable. Husband shall be solely responsible for the entire cost of preparation of the said joint return. Upon execution by Wife of the said joint return, Husband shall pay to her the sum of $550.00, representing the federal income tax refund to which she would be entitled by virtue of a separate 16 " " .. '. . ., ," filing. In addition, the parties will equally divide any refund to which they are entitled on the said joint return, and Husband shall be solely responsible for payment of any additional taxes, penalties and interest which may be determined to be due with regard to the said joint return upon its initial filing, indemnifying and saving wife harmless from any liability thereon. In the event that any additional taxes, penalties or interest are thereafter assessed as a result of any audit of the 1996 return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties or interest. 18. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 19. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17 " " .... . ., J . , " 20. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. DF.li!CRIPTI'VE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 22. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 23. 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 to seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 18 j:.. r: I , \'. I " , ~ " I J. - I k " C}I (I,; I~-: ' , Cl , .' " , '" ~ , (J' .' ~l ~ ~ ~ ~ p.~ ,:, ::i i~~ Eo< ;:: ffi =:l ~ E~ t:. ... .lj.( ..j.J . "'... z l,!llj.( t!l ~ ~ ~!;; ~< 0 ~is gj:o !:l'tl B~ij iE ~.~ i@ ~ E-t8tJ Hlj.( ~ ~~ = ~ ~I!!~ ~;;:: ~2! I;;"C ~ N ::i 8 \Q~ ra:I Z 5 . , p. 0 t:. 10 III . III H ~ ~ ~~ > ~ U ~ Q ~~i~ ~ ~ P. III Q CONSTANCE P. BRUNT A1TORNf.Y ,\T lAW SUSAN B. FEINBERG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERlAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW (} A-,~t_..J ~ . . 14- hSC/() . DAVID S. FEINBERG, . . No. . . Defendant . IN DIVORCE . NOTICE TO DEFEND AND CLAIM RIGHTS YOU tmVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, CarliSle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Office of the Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 SUSAN B. FEINBERG, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . . DAVID S. FEINBERG, . No. . . . Defendant . IN DIVORCE . COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, SUSAN B. FEINBERG, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, DAVID S. FEINBERG, upon the grounds hereinafter set forth: COUNT I DIVORCE 1. Plaintiff is SUSAN B. FEINBERG, an adult individual residing at 432 Candlewyck Road, camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is DAVID S. FEINBERG, an adult individual residing at 1465 Hillcrest Court, Apt. 604, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide resi- dents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. ~ e\ d .f) ,,\, \0l.) \~ \') , G l' C, ~ "'K--s. .............. 'l\ ~ '" -........ X(( - "" ~ '(') ~ ' , ......., ~ '>J. ~ "\' ~ -..5 '\I '-.Sl \:t- ~ -.;;;;:, .......... - " '........ l . ~ , i'- - -\.. \....:, ~~~ ~\ ~ 'r") , ;i 4-l ~ ~ 4-l +J ~ ,:, ..-j ~ ~ ::i +J ,~ ~ ;:: =:l~ g~ E ..... 8 '" ~ . p.. . ~... z Cl c... ~ g ~ 0 ~ ~' ..c. J: ~ ~ .. .. ~~ . :> . u io! 'f! ~ I I ~ ~ ~ ~ ~1 ~ !I ~ 1;; '< * J: ::i Z ;:: 0 t:. . . ~ P:l Ul U ~ ~ ~ .... . . CONSTANCE P. BRUNT A1TORN~'Y AT lAW . . . . . . . . . . Hl(MIHNY'eo COt.ll,eONW(AUHOI'I"INNSYL\lA.H!A DlPIl.ATYfNT Of tEALTH VITAL R!CORDI COUNTY ctlMIlERLI\ND DIVORCE !Xl RECORD OF OR ANNULMENT (CHECK ONE) 0 STATE FILE NUMBER STATE FilE DATE HUSBAND t NAoME IFi"" (M~) (IMI) 2. DATE OF BIRTH S",. 4. PLACE OF 17011 BIRTH 7. USUAL OCCUPATION lMonlh) (o.yJ 3/4/47 (51'" or FtnlQrr Country) I." lkwid S. Fcinbe :I R(610C!NCE eif)\. Boro. 01 ~ Count)' S'",'orRO. 1465 Hillcrest I NUMBER Of THIS MARRIAGE Court, Camp Hill, Cumberland, PA BRACE WHITE PA OTHER tSpeafy) o WIFE BlACK o Lobbyist IRl . MAIDEN NAME (Flrt') (MIdd") {L.../} i DATE OF Susan Brodkin B'RTH 10 RESIDENCE SfTHt 01 RD. elf)\. Boro. orl'wp. County 51,,. 11. PlACE OF 432 Car.ul"wy<.:;.. Road, Camp Hill, Cllll1berland, PA 17011 B'RTH 11 NUMOER BRACE 14. USUAL OCCUPATION OF THIS WHITE BLACK OTHER ISJ*:ir.,1 ....RRIAGE IKJ 0 0 Teacher (Month} (thy) .... 2 6/50 IS"'. or Foreign Country) PA IS, PLACE Of (Cooll1)') THIS MARRIAGE t1A_ NUMBER OF CHILDREN THIS 2 ""'ARRIAGE lO, DATE Of THIS MARRIAGE DECREE GRANTED TO HUSBAND WIFE o l[] OTHER ISI*ll'yol o (Mooth) fa-f} 9/12/70 (,...r) (Sr.,. 01 F~tQn Country} Philadel~1ia County, PA t7B. NUMBER OF DEPENDENT 18 PLAINTIFF CHILDREN UNDER IB HUSBAND WIFE o Kl ,. 20 NUMBER OF HUSBAND WIFE SPUT CUSTODY OTHER (SptlClty) CHILDREN m 0 [j] 0 CUSTOOY OF .. DATE OF DECREE IMonlhJ /D.1J (\1l.rJ .. SIGNATURE OF TRANSCRIBING CLERK 21. LEGAL GROUNDS FOR DIVORCE OR ANNULMENT 3301 (c) Mutual Consent No-fault (D..., 1\1l." DATE REPORT SENT (Month, m VITAL RECORDS . '.. u IJ: ; ". €'I , , -.' r:" "p ! -: - ..... . 0\ ,.. ~ .J (l) <> \..., J..';'l .... .... 'n .;1 III .-< ll. 1 .... ~ t; ~ ~ ~ ~~ tis :0, ...1 ~;::: IIJ ~!;; ~:;; \ ~ ILl ~ ol: ~ iE U ~ i!.s ~~~j ~ Vl'" ::i Z ~ o t:. U ~ ~ tJ ~ . I :> . I f:) E-< ~ ~ f:)~~ ~I~ ~ ;2 ~ (11 . Ul ~ ~ CONSTANCE P. BRUNT ATIORNf.Y AT LAW SUSAN B. FEINBERG, . IN THE COURT OF COMMON PLEAS OF . P1aintiff . CUMBEP.LAND COUNTY, PENNSYLVANIA . . . v. . CIVIL ACTION - LAW . . No. 94-6890 CIVIL TERM . DAVID S. FEINBERG, . . Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that: 1. On December 6, 1994, a Complaint In Divorce, properly endorsed with a Notice To Defend And claim Rights, was filed on behalf of Plaintiff and against Defendant in the above matter. 2. On December 7, 1994, I forwarded, by certified mail, return receipt requested, restricted delivery, a certified copy of the complaint In Divorce, properly endorsed with a Notice To Defend And Claim Rights, to Defendant, DAVID S. FEINBERG, addressed to 1465 Hillcrest court, Apartment 604, Camp Hill, Cumberland County, Pennsylvania 17011, as evidenced by the sender's receipt attached hereto. 3. The aforesaid certified copy of the complaint In Divorce, properly endorsed with a Notice To Defend And Claim Rights, sent to the Defendant, DAVID S. FEINBERG, was delivered on December 10, 1994, as evidenced by the return receipt card In IrJ ') :.J .--, J r ~ ~ g:' i l:l I \!l :-00 :::: -jl C"l[ !:i m,~~ Q, ~ a ~ .. il3 . , . . '" I.Nlllli...."t .I.'\.,ri., I~ ('u~l1dti P. () lIu\ hlN Ilalmhulll. 1~'nl'\yl\.tIlIJI 17l0H-OflIN . SUSAN B. FEINBERG, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYL VANIA VS. : NO. 6890 1994 DAVID S. FEINBERG, Defendant : CIVIL ACTION. LAW : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, David S. Feinberg, by his attomey, Maria P. Cognetti, Esquire, and makes the following Answer to Plaintiff's Complaint in Divorce and in support thereof, respectfully represents as follows: COUNT I - DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. S. Admitted. 6. Admitted. 7. Admitted. 8. The truth of this averment is strictly within the knowledge of the Plaintiffnnd, therefore, no answer is required. v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA NO. 94 - 6890 CIVIL TERM SUSAN B. FEINBERG, PLAINTIFF DAVID S. FEINBERG. DEFENDANT CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please wlthr1raw the appearance of Marla P. Cognettl, Esquire as attorney for the Defendant In the above-captioned action. Date: ,) /'11 /9 7 By: PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of John J, Connelly, Jr., Esquire on behalf of the Defendant, David S. Feinberg, in tho above-captioned action. CONNELLY, REID & SPADE, Date: 2/ / L( I 9 7 I I ~ By:~ John ~ connel~ Jr., Esquire 108-1 2 walnuljStreet \ p'-.o.e k..~,~~/"- Harrisburg, PA 17108 (717) 238-4776 ,- CO r iT: (Y~ .. ; ~-. m , ,. '''l' C_i"' .'- p- ' ...:. J :1 I ~~- ',- t.j , U~ :\1. c..,: ; u1: u:~, c-' ':U l'-' '.:I.. I-- I.<- ~j lL t- O '" U ... -... '.. i.,; u: (-; .". " , - " , " , " ",-, " c, .,... , I" C;) , 0' j ,} c\ I u: ),';j , r, " '" , ::' "l. I ....~ ~i II, ,- 0 {J\ 0 H UJZ rag ..:1>< ""UJ Z~~ Orillll ~""E-o:3: O~"",IO; Ue-.......:l ~Z > O::l.... 1 OUZ E-oUOO ~OCOH ::lZO'>E-o O~",U U 110; ril ..." :r: 0'>.... E-o~ .~ ZOOH HUZU !:l ~ >jl 0 ~ ~ ~ ~ S~ Eo< ~ P. H ZEo< o III tJ H Ik< H ~ 0 Eo< :E Ul ~ ~ 1'; " [5 M t:t: ~ =:l ~ E~ ;; ~~ i~ I ~ B~ if ~ ~~ ~~ ~ ~ t:. U ~ .... .... -.... Cl.j.J 0:: c: ril.... III rtl Z..... HI>< ril ~ . > .j.J c: rtl fCl'O 0:: c: ril 1lI Ill.... ZllI HO ril ~ . III ~ Ul o Ul Ul o H :'.: o ...- NSTANCE ~ CO A1TlIRNE'l" 10 l","~ . @AUG 0 4 1997 . ' Member. The Alternate Payee's date of birth is February 6, 1950, and her social security number is 211-36-7532. 5. The current mailing address of the Member is 535 Fairway Drive, Camp Hill, Pennsylvania 17011. 6. The current mailing address of the Alternate Payee, SUSAN B. FEINBERG, is 123 N. 27th Street, Camp Hill, Pennsylvania 17011. It is the responsibility of the Alternate Payee to keep a current mailing address on file at all times with SERS. 7. (a) The Member's retirement benefit attributable to all service prior to the date of this Order is entirely marital property. Any benefit attributable to any subsequent service with the Commonwealth of Pennsylvania shall not be considered marital property and shall not be subject to distribution to Alternate Payee or included in the calculation set forth in paragraph 7(b) below. (b) Fifty-five percent (55%) of the Member's retirement benefit is to be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 8. The Member's retirement benefit is defined as all monies paid to or on behalf of the Member by SERS, including any scheduled or ad hoc increases, but excluding the disability 2 . . portion of any disability annuities paid to the Member by SERS or any deferred compensation benefits paid to the Member by SERS. The equitable distribution portion of the retirement benefit shall be payable to the Alternate Payee and shall commence as soon as is administratively feasible on or about the date the Member actually enters pay status. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternat~ Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern 3 , ' Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Membe~'s death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate. (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The normal term of the regular monthly retirement benefit payments to the Alternate Payee is dependent upon which option(s) is(are) selected by the Member at retirement. The Member is directed to take all required steps to commence receipt of his retirement benefits on or before November 28, 2006. He is further ordered to select the following Option as set forth at 71 Pa.C.S. !i5705(a) (4): Special Option 4, providing the following: A. A lump sum payment of the Member's total accumulated deductions, from which the Alternate Payee shall receive her equitable distribution 4 . . portion calculated in accordance with Paragraph 7 above, and the Member shall receive the balance; and B. A joint and equitable distribution portion percent annuity which is certified by the actuary to be actuarially equivalent to the maximum single life annuity and which is payable during the lifetime of the Member with an equitable distribution portion (as defined in paragraph 7) of such annuity payable thereafter to his survivor annuitant, if living at his death, as set forth in 71 Pa.e.s. ~5705(a) (4), or any succeeding statute. The Member shall designate the Alternate Payee as his survivor annuitant. The intent of this Special Option 4 selection is to maintain levelized payments to the Alternate Payee for her lifetime in the event of Member's death after retirement. The Alternate Payee shall receive the equitable distribution portion of the annuity which is payable to the Member during Member's lifetime, calculated as set forth in paragraphs 7 and B above, so that Alternate Payee shall receive a portion of the Member's check during his lifetime and the same amount as a survivor annuitant if the Member predeceases Alternate Payee after retirement. If the Alternate Payee predeceases the Member, the Alternate Payee's estate shall receive the Alternate Payee's equitable distribution portion of the Member's monthly retirement benefits for the Member's life. The Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to the Member and Alternate Payee for amounts paid to each such person. 5 . . 11. In the event of the death of the Alternate Payee before she receives any payments from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to her estate to the extent of her equitable distribution portion as set forth in Paragraphs 7, 8 and 9. It shall be the responsibility of the Alternate Payee's estate to keep a current mailing address on file with SERS at all times. 12. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Member. The Alternate Payee is not entitled to any benefit not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee are preserved for the Member. 13. It is specifically intended that this Order: (Q) Does not require SERS to provide any type or form of benefit or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless 6 .. , .:' .. ] " ll~ C': ( ) 11- , , " , , ,.Jj LI L:I t I ( " ,-. (j {~.-. , ,,- , ~~ p.~ ~ ~ ~ i~~ .. ::i Ij.j +J !:: lj.( c:l ~~ E~ 'O'l III ra:I t:. 0+J 0'0 '" p. . "'... z ~~S Clc:l ~~ H ~!;; i< 0 gj '~ ~ eJ~ if iE filii: ~2! aU ~~ = ~ ~Ih ~ ~ p. ~ Ii;" ~ a 8 \Q~ . . Z !:: 10 III III 0 t::. ~ ~~ ~ . Q U ~ ~~i~ > ~ en c en Q ". , ,... ".... ~ ~ SUSAN B. FEINBERG, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID S. FEINBERG, No. 94-6980 Civil Term Defendant IN DIVORCE PRAECIPE Please mark as settled and discontinued the Plaintiff's claims for equitable distribution, alimony pendente lite, counsel fees, costs and expenses, and alimony, as set forth in Count~ TI through IV of her Complaint in Divorce filed December 6, 199~, Respectfully submitted, ~~$ CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 2941 North Front Street Harrisburg, PA 17110 (717) 232-7200 Attorney for Plaintiff DATED: 11/1<('11 v. , , , . , , c, . :1 1-.: , , , - I , " I " t.: e~ ~ ~ ~ p.~ ~ I~~ .... .jJ a .... ~ III ...t 8 ;:: .jJ =:li! Ee E o.~ o @ .:S V1 r:: ... ~!;; ~< z I~ Cl.... ra. 0 ~is !:l2! 0 B~ ij iE i Eo< ," "8U H ~E = ~ H H ~ ~I~~ ~ ~ t; < ~ N Q ::i 8 \Q~ H Z 5 . . ~ 8 t:. 10 III . CJl ~ ~ .,.:> ~ l> Cl'IH Q ~ z~o: CJl ~ C H ZH CJl Q r.. ^ 1"\ ~ SUSAN B. FEINBERG, I IN THE COURT OF COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I v. I CIVIL ACTION - LAW I DAVID S. FEINBERG, I No. 94-6980 Civil Term I Defendant I IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 6, 1994. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree in 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. 54904 relating to unsworn falsification to authorities. DATED: 1,1S/'/7 ('. 1'1 ( , (,:1 ... , ' , l ': , [J' , ' . 1 , ! ~ I , I,l- I <0. r :_-i t.~ G' lJ .....- (.:; j ~ I,' , I .. I , I , I \ " I , , " I l,. , I , I. I.! ,. ( , , l." ~- .. :Z:ra:I~ ~~ Slil lj.( .j.J ~~~ ~ ~ I~~ lj.( ~ CO ,:, .~ ::i .j.J 'tl H.cUra:I 5 J:l @ ~~-c ~~ l~ t:. .~ ~ o III olj.( 00;;8 ~;;:: ~2! ~!( ~< 0 ~is tl~~tl Bi;; ..... iE i i H 1Il~ z sf '" E<8U H H ~ !:l0 ~ ~ = ~ g; ~tl ~ ~ :Z:Eo<~~ !;; '< ~ N ::i 8 :~ . . ~~ c Z 5 ~ :~ III . III 0 t:. ~ > C ~~~ U ~ ~ ~ . ~ ill!; c Ul : t ';'" CONSTANCE P. BRUNT ATTORNEY AT LAW - , SUSAN B. FEINBERG, I IN THE COURT OF COMMON PLEAS OF plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I V. : CIVIL ACTION - LAW I DAVID S. FEINBERG, I No. I Defendant I IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. ! 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. 54904 relating to unsworn falsification to authori ies. DATE: nl~/f7 SUS ff .... .c: 1>; lr: I "J i .~ J, f"" III ~. ~ ('J '~ ( ) ~. \n \"'- I" .... ,. '..1 . ~ (<,.' I:') ~ .-..Sj L,; (" {"', ' c:' '"'I l. 'I.; ~ ~ ~ J' (L_ U. r.n J ~N u I,' I,> n~ '8~ - Ul S ~~ ~ p.~ ~ ~ IIi ,:, H ::i lj.( .j.J i I ~ 5 lj.( o~ ~~ j~ t:. 0'.-4 ~ o~ Cl.j.J Cl'tl ~!;; ~< Ill< i'.-4 Cl ,~ !:l~ iE o > Ill< B~ if '.-4 ~~ ~~ 0 I ~8U ~~ = ~ ~ ~ ri~ ~ ~ 1;; '< ~ N H ::i 8 \Q~ . . , ~ Z 5 ~ ~~ III > III Z~ 0 t:. ~ C U ~ ~~i~ Ul ~ C III C r". r> ...... "" SUSAN B. FEINBERG, Plaintiff I IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DAVID S. FEINBERG, I No. 94-6890 Civil Te~ Defendant I IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is he~eby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 26th day of December, 1997, hereby elects to retake and hereafter resume her previous maiden name of Susan A. Brodkin. To Be Known As: ,J"vU1V!d>. ~7r SUSAN G. FEINBERG ~IU-->U a. ~~ . SUSAN A, BRODKIN COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN On the .,;~,l- day of . t/to",,, , 1998, before me, a Notary Public, personally appeared S AN B. FEINBERG, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. I Notarial Soal j (:O',r.liillce P. BrunI. Notary Public I rl..urlSburg, DauphIn County _:.'h CIJiTImlSSIOn Expires Oct. 20, 2001 ,~?Rd Notary Public