Loading...
HomeMy WebLinkAbout02-3915LOUISE JAYE WEST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2002 - 3 9 J~" ~ '-7---~- STEPHEN ROBERT WEST, Defendant CIVIL ACTION - LAW 1N DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED 1N 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 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 LOUISE JAYE WEST, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA STEPHEN ROBERT WEST, Defendant CIVIL ACTION - LAW 1N DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Louise Jaye West, an adult individual whose mailing address is 5 Highland Drive, Camp Hill, Cumberland County, Pennsylvania 17011, and whose social security number is 200-36-7663. The Defendant, Stephen Robert West, is an adult individual, whose current address is 2807 Aspen Circle, Blue Bell, Pennsylvania 19422, and whose social security number is 521-98-3177. 3. Plaintiff and Defendant were married on September 4, 1988, in Camp Hill, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, Arthur K. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 07056 Date: August 14, 2002 ~VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. LOUISE JAYE WEST, Plaintiff VS. STEPHEN ROBERT WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-03915 CIVIL ACTION - LAW IN DIVORCE ORDER OF COURT AND NOW, this 3~ ~ __day of ~6my 2,603, upon presentation and consideration of the within Agreement, it is hereby ORDERED that the Agreement attached hereto, is incorporated herein and made an Order of this Court, said Agreement is dated April 16, 2003. BY THE COURT: Distribution: Cindy S. Conley, Esquire, P.O. Box 810, Harrisburg, PA 17108 Arthur K. Dils, Esquire, 1017 North Front Street, Han~sburg, PA PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, is made this /d~ aay of 2003, by and between: LOUISE J. WEST, hereinafter referred to as Wife; --AND-- STEPHEN R. WEST, hereinafter referred to as Husband; WITNESSETH: WHEREAS, Husband and Wife were lawfull[y married on September 4, 1988, in Camp Hill, Pennsylvania; and WHEREAS, there are two minor children born of the marriage; namely, Megan West and Jillian West. WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they have separated and now live separate and apart from one another, the parties being estranged due to such marital difficulties with no reasonable expectation of reconciliation; and the parties hereto 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; 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. NOW THEREFORE, in consideration of the mutual 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: 1. SEPARATION It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest Initial~, ~ 2 Initial.~. _~,~ the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 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 Agreen~tent 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 merged into any Decree, Judgment, or Order of divorce or separation. It is specifically agreed however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any Order of divorce, Judgment, or Decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any Judgment and be forever binding and conclusive upon the parties. 2. EFFECTIVE 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 Initial~) Initials~// execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. MUTUAL RELEASES Husband and wife do hereby mutually remise, :release, quit-claim or forever discharge the other and 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, or 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, of 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 or a surviving spouse to participate in a deceased spouse's estate, whether arising under the United States, or any other country; or any rights which either party may now have or at any time hereafter have for the past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 thereof. Initials 4 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 thereof. 4. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of the Divorce Decree, unless otherwise specified herein. 5. MUTUAL CONSENT/ADVICE OF COUNSEL Husband and wife acknowledge and understand the terms and conditions of this Agreement, and wife is represented by Arthur K. Dils, Esquire, and husband is represented by Cindy S. Conley, Esquire. Each party acknowledges that he or she has received or has been given an opportunity to receive independent advice from counsel of his or her selection and was fully informed as to his or her legal rights and obligations. Husband and wife acknowledge that they fully understand the facts as to their legal rights and obligations under this Agreement. Husband and wife acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely mid voluntarily, and that the Initials ~ 5 Initials~~/''- execution of this Agreement is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pep~n~sylyania Divorce Code, of any interest owed by the other party in ag~ asset Ol any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, the parties shall have the right to petition the Court of Common Pleas of Dauphin County to make equitable distribution of said marital asset. The non-disclosing party shall be responsible tbr payment of counsel fees, costs, or expenses incurred by the other party in seeking equitable distribution of said marital asset in the event that the Court determines that said marital asset was purposely not disclosed to the other party or his or her counsel. 7. DEBTS AND OBLIGATIONS Husband represents and warrants to wife that since June 2002, he has not, and in the future he will not contract or incur any debt or liability for which wife or Initials~)~t ) 6 her estate might be responsible and 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. Wife represents and warrants to husband that since June 2002, 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 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, except as otherwise set forth herein. 8. REAL ESTATE Husband and wife hereby acknowledge that they have previously sold the real estate, which they owned during the marriage, and have satisfactorily divided the proceeds therefrom. 9. PERSONAL PROPERTY Except as set forth hereto, husband and wife have agreed that their personal property has been divided to the parties' mutual satisfaction and neither party will make any claims to the property possessed by the other, except as set forth hereto: None. Initials~tJ.~ Initials 10. PENSION/RETIREMENT Husband and wife hereby acknowledge that husband has liquidated a SEP/IRA retirement account and husband hereby agrees to pay to wife the sum of $7,943.25 representing her equitable share of said SEP/IRA retirement account· Husband hereby acknowledges that he shall remit staid payment directly to wife within five (5) days after receipt of the Decree in Divorce being entered. Husband and wife hereby acknowledge that husband may be entitled to a defined benefit pension entitlement as a result of his employment, during the marriage, with Lower Providence Township· Accordingly, husband and wife hereby agree that wife shall receive fifty percent (50%) of any said entitlement and that said fifty percent (50%) shall be transferred to wife via a Qualified Domestic Relations Order prepared in a form acceptable to husband and wife. Wife's attorney shall, at wife's expense, be responsible for taking the steps necessary for preparation and qualification of the Qualified Domestic Relations Order however, husband shall cooperate to the extent necessary in providing wife's counsel with information, authorizations, and etc. Wife's share of said retirement account shall include all cost of living adjustments, proportionate to her share as they relate to the increase in the consumer price index, as determined by and provided for by the Plan Administrator. Wife understands and acknowledges that by execution of the Property Settlement Agreement, she will not receive her share of said retirement account until husband retires. If husband is entitled to any early retirement subsidy, wife shall receive her proportionate share of said early retirement subsidy. To the extent that a survivor annuity is available pursuant to the terms of the plan Initials _~t71~) 8 Initials~ ~efftt/~// at no cost to husband, husband acknowledges that he shall name wife beneficiary of fifty percent (50%) of any survivor annuity. Wifi.~ shall be entitled to name a beneficiary for any death benefits to which she is entitled under the plan. Except as provided above, the parties hereby waive and any and all other right to claim any interest or share in each other's pension, profit sharing plans and other employee benefits, if any, from their present or past employers. 11. SUPPORT Husband and wife hereby acknowledge that, at this time, husband shall continue to pay the sum of $300.00 per month for the support of the parties' minor children, Megan and Jillian. Husband and wife hereby acknowledge that husband shall also continue to pay the sum. gf,$75.00 per month towards the cost of Jillian's orthodontist bills for a period of ~¢~0 months. However, the parties hereto understand and acknowledge that the cost of the orthodontist bill may increase as treatment continues. The parties hereto acknowledge the initial cost of treatment is ., / 4 Url~nsocecl_ ¢ft~,/ -r ~t ~01~ , ~, . It is the intention of the parties that any additional~costs shall also be shared between them. Said sum of $375.00 shall be paid through the Domestic Relations Office of Cumberland County. Husband and wife hereby acknowledge that wife has filed, through the Cumberland County Domestic Relations Office, and that a Conference is scheduled for April 30, 2003. Husband and wife, hereby agree that an Order shall be entered in the amount of $375.00 to be paid by husband to wife at this Initials~ 9 Initials..~~ time. Husband and wife further acknowledge that husband shall maintain health insurance coverage on the parties' minor children. Notwithstanding the above, the parties hereby agree and acknowledge that the te,ms and conditions of this child support provision shall be modifiable pursuant to Pennsylvania law and as provided for by 23 Pa. C.S.A. §4352. 12. WAIVER OF RIGHTS The parties hereto fully understand their rights under and pursuant to the Divorce Code, Act of 1980, No. 1980-26, as amended February 12, 1998, particularly the provisions for alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and the parties hereby waive, release and forever relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, and expenses. 13. MUTUAL RELEASE OF CLAIMS Except as otherwise stated in this Agreement, husband and wife each do hereby mutually remise, release, quitclaim and forew:r discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from the property hereafter accruing) of the other or against the estate of each other, of Initials.~2/x) 10 Initials whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have; specifically including any rights which either party may have or at any time hereafter have for past, present, or future spousal support, or maintenance, alimony, alimony pendente lite, spousal support, equitable distribution of marital property, attorneys fees, costs or expenses, whether arising as a result of the marital relation or otherwise. It is the intention of the 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, persortal, 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 thereof. 14. WAIVER OR MODIFICATION TO BE IN 'WRITING Except as provided for herein, a modification or waiver of any of the terms of this Agreement shall be effective only if in writing, signed by both parties, and executed with the same formality as this Agreemen'I. No waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 15. MUTUAL COOPERATION Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all future Initials ~,/~? ) 11 instruments and/or documents that the other party may reasonably require for that purpose of giving full force and effect to the provisions of the Agreement. 16. AGREEMENT BINDING ON HEIRS This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective legatees, devises, heirs, executors, administrators, successors, and assigns in the interest of the parties. 17. BREACH If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, to sue in law or in equity to enforce any rights and remedies which the party may have, and the party breaching this Agreement shall be responsible for payment of attorneys fees and all costs incurred by the other in enforcing his or her rights under this Agreement. 18. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 19. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs/provisions and sub-paragraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shah they affect its meaning, construction or effect. 20. DIVORCE The parties hereto acknowledge that their manSage is irretrievably broken. The parties further agree to execute the necessary Affidavits of Consent and Waiver of Counseling, and Waiver of Notice of Intent to Request Entry of Divorce Decree upon request so that the divorce may become finalized. The parties further agree and acknowledge that this Property Settlement Agreement shall be incorporated into said Decree in Divome; however, shall not merge therewith. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Witness LOUISE J. wEsT Initials ~2'"A'~x) 13 Initials~~ COMMONWEALTH OF PENNSYLVANIA On this, the~.,v~'~- day of ~ , 2003, before me, a Nota~ Public, the undersigned officer, personally appeared LOUISE J. WEST, ~own to me or satisfactorily proven to be the person whose name is subscribed to the within ins~ment, ~d ac~owledged that she executed the same for the pu¢oses therein contained. ~ WI~ESS WHE~OF, I have hereunto set my hand and official seal. My Commlstion~~ COMMONWEALTH OF PE~SYLVANIA CO~TY OF ~ On this, the [~4= day of ~v~ { , 2003, before me, a Notaw Public, the ~dersigned officer, personally appeared STEPHEN R. WEST, ~own to me or satisfactorily proven to be the person whose nme is subscribed to the within instrument, and ac~owledged that he executed the same for the pu~oses therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. My commissi ~xpit~l~l 3C~*-c /~, ~ tx:['o¢,~ _ HARRISBURG, DAUPHIN ~UN~ ~ COMMBS~N ~IRB ~B. 16, ~ LOUISE JAYE WEST, Plaintiff VS. STEPHEN ROBERT WEST, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-03915 CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Arthur K. Dils, Esquire, who being duly swom deposes and says that a true and correct copy of the Complaint in Divorce under Section 3301(c) of the Divorce Code has been served upon the Defendant, Stephen Robert West, 2807 Aspen Circle, Blue Bell, Pennsylvania 19422, by First Class, United States Mail, Certified No. 7001 1140 0000 9826 9930. Attached hereto is the remm receipt card executed by Stephen R. West, dated August 26, 2002, evidencing receipt of the sa. gmq. Arthur K. Dils, Esquire W a S om ava subscribed to be~bre me this ..,ff'~)~ day of t?'~a_,z ,2003. Notary Public · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and addmes on the reveme so that we can return tha card to you. · Attach this card to the back of the mailpiece, or on the front if space pan"nits. Article Addresse~ to: Se~ic ype [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Reetrfcted Delivery? (Extra Fae) ~ 2. Article Number PS Form 381 1, August 2001 Domestic Return Receipt 1025eS-01-M-25~ LOUISE JAYE WEST, Plaintiff VS. STEPHEN ROBERT WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-03915 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ,o'?/~,/a 3 ~//?½~ ( ].(-~:" ~/i~.x~]~'/ Louise Jaye~We~, Pl~tiff LOUISE JAYE WEST, Plaintiff VS. STEPHEN ROBERT WEST, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-0391:5 CIVIL ACTION - [,AW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TI-IE DIVORCE CODE 1. I consent to the entry of a final Decree in 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. 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. L~uise JaydW~t, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LOUISE JAYE WEST, Plaintiff STEPHEN ROBERT WEST, Defendant ) ) ) ) ) ) ) NO. 2002-~:5 CIVIL TERM CIVIL ACTION- LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on August 16, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION 370 REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to thc 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 ifI 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: S'[ep~-efi~ob er t ~ 525~ fen~'~t LOUISE JAYE WEST, Plaintiff VS. STEPHEN ROBERT WEST, Defendant 1N THE COURT (IF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-03915 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: Irretrievably broken under Section (X) 3301(c) or ( ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By Acceptance of Service on August 26, 2002. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, May 20, 2003; by Defendant, May 1, 2003. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A; Date of service of Plaintiff's affidavit upon Defendant: N/A. 4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: N/A; 5. Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: Simultaneously herewith; by Defendant: Simultaneously herewith. 6. Related Claims Pending: None 1017 North Front Street Harrisburg, PA 17102 (717) 23:2-9724 Attorney for (x) Plaintiff ( ) Defendant Dated: May 20, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~~,,, PENNA. LOUISE JAYE WEST, Plaintiff VERSUS Defendant NO. 2002 - 03915 Civil Term AND NOW, DECREED THAT DECREE IN DIVORCE ~lt~, IT IS ORDERED AND , PLAINTIFF, AND STEPHEN ROBERT WEST ,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; BY THE CoI. T IN THE COURT OF COMMON' PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOUISE JAYE WEST, Plaintiff VS. STEPHEN ROBERT WEST, Defendant NO. 2002-03915 CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW~ this 4th day of November 2003, tlhe parties Louise Jaye West, Plaintiff, and Stepl~en Robert West, Defendant, do hereby Agree and Stipulate as follows: The Defendant, Stephen Robert West, hereinafter referred to as ("Member") is a member of the Lower Providence Township Employees Pension Plan (hereinafter referred to as "PLAN"). 2. Member's date of birth is October 30, 1960, and his Social Security number is 521-98-3 g77. I 3. The Plaintiff, Louise Jaye West, (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is January 8, 1960, and her Social Security number is 200-36-7663. 4. Member's last known address is: o Alternate Payee's current mailing address is: 5 Highland Drive Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with the PLAN at all times. The fund shall separately account for the benefits awarded for the following benefits as soon as administratable after this Order is determined to be a QDRO. The Altemate Payee's share of the Member's retirement benefits is equal to fifty percent (50%) of IV[ember's entitlement. o Member's retirement benefit is determined as all monies paid to or on behalf of Member by PLAN, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PLAN, or any deferred compensation benefits paid to Member by PLAN. The equitable 2 distribution portion of the marital property component of Member's retirement benefit, as set forth if Paragraph (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PLAN approves a Domestic P4elations Order incorporating this Stipulation and Agreement, whichever is later. Wife's share of said retirement account shall include all cost of living adjustments~ proportionate to her share as they relate to the increase in the consumer price index, as determined by and provided for by the Plan AdministratOr. Wife will not receive her share of said retirement account until husband retires. If husband is entitled to any early retirement subsidy, wife shall receive her proportionate share of said early retirement subsidy. To the extent that ~he survivor annuity is available pursuant to the terms of the PLAN at no cost to husband, husband acknowledges that he shall name wife beneficiary of fifty percent (50%) of any survivor annuity. Wife shall be entitled to name a beneficiary for any death benefits to which she is entitled under the PLAN. (a) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a foim acceptable to PLAN, which will authorize PLAN tO release to Alternate Payee all relevant information concerning Memberis retirement account. Alternate Payee shall deliver the authorization to PLAN, which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term a~d amounts of Member's retirement benefits payable to the Alternate payee after PLAN approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option is selected by Member upon retirement. Member and Alternate Payee expressly agree that: (a) Member may select any retirement option offered by PLAN under the Retirement Code at the time Member files an Application for Retirement Allowance with PLAN. 11. Alternate Payee may not exercise any right, privilege or option offered by PLAN. PLAN shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In no event ishall Alternate Payee have greater benefits or rights other than those whichare available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PLAN. The Alternate Payee is only entitled to the specific benefits offered by PLAN as provided in this Order. All other rights, privileges and options offered by PLAN not granted to Alternate Payee by this Order are preserved for Member. 4 13. It is specifically intended and agreed by the parties hereto that this Order: Does not require PLAN to provide any type of benefit, or any option, not otherwise provided under the Retirement Code. 14. The parties intend and agree that the terms of this Stipulation and Agreement Shall be approved, adopted, and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order;. provided, however, that no such amendment shall require PLAN to provide any type or form of benefit, or any option not otherwise provided by PLAN, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PLAN immediately. The Domestic Relations Order shall take effect immediately upon PLAN approval and PLAN apprOval of any attendant documents and then shall remain in effect until further iOrder of Court. 5 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereto place their hands and seals. 3trthur K. Dils, Esqmre Attorney for Plaintiff/Alternate Payee Louis~ J~ye V~est (J -v- Plaintiff/Alternate Payee (Seal) Cindy S. Con)e~, Esquire Attendant for Defendant/M~llffer S~-~cFn'Robert Defendant/Member 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOUISE JAYE WEST, Plaintiff VS. STEPHEN ROBERT WEST, Defendant NO. 2002-03915 CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this 4th day of November 2003, tlhe parties Louise Jaye West, Plaintiff, and Stephen Robert West, Defendant, do hereby Agree and Stipulate as follows: The Defendant, Stephen Robert West, hereinafter referred to as ("Member") is a member of the Lower Providence Township Employees Pension Plan (hereinafter referred to as "PLAN"). 2. Member's date of birth is October 30, 1960, and his Social Security number is 521-98-3177. 3. The Plaintiff, Louise Jaye West, (hereinafter referred to as "Altemate Payee") is the former spouse of Member. Alternate Payee's date of birth is January 8, 1960, and her Social Security number is 200-36-7663. 4. Member's last known address is: 2897 A~--perrGi~e ;z ~ 5. Alternate Payee's current mailing address is: 5 Highland Drive Camp Hill, PA 17011 It is the responsibility of Alternate Payee to keep a current mailing address on file with the PLAN at all times. The fund shall separately account for the benefits awarded for the following benefits as soon as administratable after this Order is determined to be a QDRO. The Alternate Payee's share of the Member's retirement benefits is equal to fifty percent (50%) of Member's entitlement. Member's retirement benefit is determined as all monies paid to or on behalf of Member by PLAN, including any lump stun withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PLAN, or any deferred compensation benefits paid to Member by PLAN. The equitable 2 distribution portion of the marital prope~/ component of Member's retirement benefit, as set forth if Paragraph (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PLAN approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. Wife's share of said retirement account shall include all cost of living adjustments, proportionate to her share as they relate to the increase in the consumer price index, as determined by and provided for by the Plan Administrator. Wife will not receive her share of said retirement account until husband retires. If husband is entitled to any early retirement subsidy, wife shall receive her proportionate share of said early retirement subsidy. To the extent that the survivor annuity is available pursuant to the terms of the PLAN at no cost to husband, husband acknowledges that he shall name wife beneficiary of fifty percent (50%) of any survivor annuity. Wife shall be entitled to name a beneficiary for any death benefits to which she is entitled under the PLAN. (a) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PLAN, which will authorize PLAN to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the 3 authorization to PLAN, which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and amounts of Member's retirement benefits payable to the Alternate payee after PLAN approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option is selected by Member upon retirement. Member and Alternate Payee expressly agree that: (a) Member may select any retirement option offered by PLAN under the Retirement Code at the time Member files an Application for Retirement Allowance with PLAN. 11. Alternate Payee may not exercise any right, privilege or option offered by PLAN. PLAN shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by PLAN. The Alternate Payee is only entitled to the specific benefits offered by PLAN as provided in this Order. All other rights, privileges and options offered by PLAN not granted to Alternate Payee by this Order are preserved for Member. 4 13. It is specifically intended and agreed by the parties hereto that this Order: Does not require PLAN to provide any type of benefit, or any option, not otherwise provided under the Retirement Code. 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted, and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order;; provided, however, that no such amendment shall require PLAN to provide any type or form of benefit, or any option not otherwise provided by PLAN, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon PLAN immediately. The Domestic Relations Order shall take effect immediately upon PLAN approval and PLAN approval of any attendant documents and then shall remain in effect until further Order of Court. 5 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereto place their hands and seals. Attorney for Plaintiff/Alternate Payee Louis'~ Jhye V~est d -~'- Plaintiff/Altemate Payee (Seal) Cindy S. Conj., Esquire Attendant for Defendant/M~l~er S elS 'p, bert Defendant/Member 6 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA LOUISE JAYE WEST, Plaintiff VS. STEPHEN ROBERT WEST, Defendant NO. 2002-03915 CIVIL ACTION - LAW IN DIVORCE ORDER this /e~day of~_~. AND NOW, , 2003, the attached Stipulation and Agreement dated November 4, 2003, of the parties in this case is incorporated, but not merged, into this Order of Court,, ATTEST: