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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTEN 11, ABNER,
Plaintiff
v,
SHA WN W, ABNER,
Defendant
NO, 95-7317 CIVIL TERM
CIVIL ACTION. LA W
IN DIVORCE
QUAUFIED DOM.:STIC REI,Al'IONS ORDE~
"I. ~
AND NOW, this ItJ day of
is hereby entered os an Order of this Court.
, 1998, the within Stipulation
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTEN It ABNER,
Plalnllff
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CIVIL ACTION. LA W
IN DIVORCE
v.
NO. 95.7317 CIVIL TERM
SHAWN W, ABNER,
Defendant
5IIPULATION OI1TII': PARTIES
1. Parties. The parties 10 this divorce uction ure Kristen H. Abner (hereinafter
"Allemale Payee") and Shawn W. Abner (hercinuftcr "Participunl") and thcy enlered Inlo a
Property Selllemenl Agreement on Augusl 12, 19lJ6 which was incorporatcd into Ihe Court's
Decree of Divorce of August 14. 1996 and subscqucnlly umcnded pursuanllo Ihe Addendum 10
Property Selllemenl Agrccmenl of AuguSl12, 1996 duted S~. 1998,
2. ,o\lIcrnale "ayee. Allemule Puyee's nume. uddress. sociul security number are as
follow:
Name:
Addrcss:
Kristen I!. Abner
\066 Tunbcrry Court, Mcchunlcsburg,
Cumbcrlund County, Pcnnsylvunlu 17055
208.42.3867
Muy 19. \%6
Social Security Numbcr:
Dale ofBlrth:
3, flU:lWnnnt. Purticipunl's nllme, uddress, soclul sccurily number IIrc US follows:
Name:
Address:
Shuwn W. Abncr
1500 Smokchousc Lune, lIarrisburg,
Duullhin Counly, Pcnnsylvanlu 17110
165-64.0311
J unc 17. 1966
Social SecurllY Number:
Dale of Birth:
1
4. flan. This Stipulation applics to thc Invcstmcnt Plan of thc Major Lcaguc
Baseballl'laycr's Bencfit I'lan,l'lan Numbcr 091338, invcstcd with thc Vanguard Group undcr
Participant's social sccurity numbcr (thc "Plan"),
5. QnIu. Thc Pllrtlcs intcnd this StlpulationtlJ bc cntcrcd liS an Ordcr of Court (thc
"Ordcr") which will conslitulc a "Qulllil1cd Domcstlc Rclations Ordcr" within thc mcaning of
Section414(p) ofthc Intcmal Rcvcnuc Codc of 1986, as amcndcd (thc "Codc") and Scction206
(d)(3)(B) ofthc Employcc Rctircmcnt incomc Sccurity Act of 1974, as amcndcd ("ERISA"),
Thc provisions ofthc Ordcr shall bc administcrcd and inlcrprctcd in confonnity with Scction
414(1") ofthc Code and Scctioll206 (d)(3)(B) ofEIUSA.
6. Interpretation and ConstructlQO. Nothillg in this Stipulation or thc Order shall
be construed to require thc I'lun to Ilrovidc:
a, Any typc or fonn ofbcncflt, or any option, not othcrwise provided under
thc Plan.
b. BCllcl1tto Altematc I'ayce (as dcl1ncd ill paragraph 7 bclow) In an amount
that exceeds thc amoullt ofbcncfits that thc I'lall would bc rcquircd to pay with rcspcct to the
Participant ifthc Ordcr did 1101 apply (as dctcnnillcd 011 thc basis of actuarial valuc).
c. BCllclits 10 Altcmatc I'aycc which arc rcquircd to bc paid to anothcr Ordcr
previously dctcnnlncd to bc a QUlllll1cd Domcstic Rclations Ordcr,
7. Alternate I'avee. Thc Stipullltlollulld thc Ordcr crcutc or rccoglllzc thc cxistcllce
of the right oCthe Altemulc I'uycc (us hcrelnullcr dclillcd) 10 reccivc onc.hulf(V,) of the beneflts
payublc with rcspcct to thc I'urticlpalll undcr Ihc 1'11111. Thc Altcmulc I'uycc shall provide the
I'lall administrator with tlmcly wrlttcnnolice of lIamc and addrcss changcs.
2
8. Amount of l>Istrlbutlon to Alternate I'avee, The umountto be distributed to
Altemute Puyee fromPurticipunt's uccounl in the Plun shull be f1l1y percent (SlI%) of the
Purticipunt's uccount in the Plun us of the dute of distribution. und shull be puid In the fonn
described In purullruph 9. conllnencing on the dute described in purugruph 1 lI, provided that the
amount to be distributed sholl not exceed one-holf(Y,) of the value ofPurticlpunt's uccount in the
Plun detennined us of the date of distribution.
9. Form or J)Jstrlbutlon. The distribution to Altemute Payee shull be made in the
rOrnl of 0 lump sum.
10. Distribution Date. The distribution to Altemote Puyee contcmploted by this
Stipulation and the Order shull be Illade us soon us udministrutively pructicuble following the
Plun admlnlstrulor's detenninutionlhulthe Order is u Quulif1cd Domestic Relutions Order, No
distribution shull be mude before the expirutionof the period. filllowing the administrator's
detenninutlon, during which uny person hus u right to nppeulthe detenllinution,
I J. Death or Alternate I'ayee. The death of the Altemute Puyee before distribution
hereunder shall not efTectthc right of the Alternatc Payce's bencllciury to benellts from the Plan.
For purposes hercof, thc tcnn "bcncf1ciury" shallmcan Altemate Payce's cstate. All distributions
pursuanl hcreto shull bc consistent with the requlrcmenls ofScction40\ (u) (9) of the Code,
12. lJeath or I'nrtlclllant. The death of the Pnrticipunt before nil hcnellts to which
Altemute Puyce or Alternute Puyce's heneflciury ure entitled under this Order huve been paid
shall not ulTect the right of Alterllute Pnyee or Altemute Puyee's henef1ciury to benellls fromlhe
Plun as described herein.
13. Notlncatlon. The Plun Adl1llnlslrulor shull pl'llmptly notify the Purtlclpunt und
the Altemutc Payce of the recclpt of this Q[)IW uml shallnolify the Purtlcipunt und the Altcmate
3
KRISTEN H, ABNER,
PlalntltT
v.
SHA WN W. ABNER,
Defendant
IN TIlE COURT OF COMMON I'LEAS OF
CUMBERLAND COUNTY. PENNSYL VANIA
CIVIL ACTION. LAW
NO, 95.7317 CIVIL TERM
IN RE: PETITIO~ TO I~EFORM I'ROPERTY SETrLEMENT AGI~EEMEW:
ORDER OF COURT
J
AND NOW. this2/ day of September, 1998. upon consideration ofthe attached letter
from Samuel L. Andes, Esq., the hearing previously scheduled in this matter for September
30, 1998, is CANCELLED.
Donald T. Kissinger, Esq,
130 Walnut Street
P,O.Box 810
Harrisburg, PA 17108
Attorney for Defendant
Samuel L. Andes, Esq,
525 North Twelt\h Street
Lemoyne, PA 17043
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BY TIlE COURT.
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SAMlIgJ. I.. ANUI,H
ATTOHNIlY AT I.AW
rUin HUIIT" ,'wtU.trTlI RTUKKT
II,U. nux 1011
LIlMOYNII, I'RNN8YLVANIA 1700111
18 September 1998
The Honorable J. Wesley Oler
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
RE: Kristen H. Abner vs. Shawn W. Abner
No. 95-7317 Civil Term
TaL.PIIOH.
(tl') '81'110111
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Dear Judge Oler:
You have a hearing scheduled In the above matter on the Defendant's
Petition to Modify a Property Settlement Agreement. I write to report that
the parties have resolved this matter and to request that you cancel the
hearing.
Sincerely I
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Samuel L. Andes
amr
cc:
Donald T. Kissinger
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@FEB 1 9 1998
v.
I IN TBI COURT or CODON PLIAS
I ctOOIlRLAND COUNTY, PINNSYLVANIA
I
I NO. 95-7317 CIVIL TIRM
I
I CIVIL ACTION - LAW
I
KRISTIN B. ABNBR,
PLAINTIFF
SHAWN W. ABNBR,
DIFINDANT
ORDBR
AND NOW, this A
day of
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199B, in view
of the within Stipulation, IT Ia HEREBY ORDERED AND DECREED as
follows, to wit I
1, In consideration for Plaintiff's withdrawal of an action
for Protection of Abuse, docketed to No. 2611-a-1997,
Dauphin County, Defendant hereby agrees that he shall not
make contact with Plaintiff. her parents or other members
of her family, in any manner or any place, except to the
extent that such contact is reasonably necessary in
connection with exercise of his partial custody rights or
otherwise in connection with the two minor children of
the parties, Jordan Abner and Seth Abner, To the extent
that contact is reasonably necessary in connection with
the children, Defendant agrees that he will conduct
himself in a reasonable manner and avoid use of profane
or abusive language,
2. That Plaintiff agrees that ahe will not engage in any
conduct designed to instigate or encourage Defendant to
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violate Paragraph 1 hereof, or which could reasonably
lead to said result,
3. Both parties shall attend the seminar for separating
parents sponsored by Dauphin County, and conducted by
Inner Works. This requirement shall be completed as soon
as reasonably possible,
4. Both parties shall participate in a minimum of three (3)
individual counseling sessions by a qualified counselor
at Inner Works, the costs of which shall be divided
equally by the parties. Both parties shall participate
in and cooperate fully in the counseling and shall
participate and cooperate in any further counseling which
may be recommended by Inner Works.
BY THE COURT I
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ItRISTBN B. ABNER,
PLAINTIFF
IN THB COURT OF CODON PLIAS
CUMBBRLAND COUNTY, PENNSYLVANIA
NO. 95-7317 CIVIL TBRM
v.
SHAWN W. ABNER,
DIFBNDANT
CIVIL ACTION - LAW
STIPULATION
The Plaintiff, Kristen H. Abner, and the Defendant, ahawn W,
Abner, hereby stipulate as follows I
1. In consideration for Plaintiff's withdrawal of an action
for Protection of Abuse, docketed to No. 2611-S-1997,
Dauphin Counly, Defendant hereby agrees that he shall not
make contact with Plaintiff, her parents or other members
of her family, in any manner or any place, except to the
extent that such contact is reasonably necessary in
connection with exercise of his partial custody rights or
otherwise in connection with the two minor children of the
parties, Jordan Abner and Seth Abner. To the extent that
contact is reasonably necessary in connection with
the children, Defendant agrees that he will conduct
himself in a reasonable manner and avoid use of profane 01-
abusive language,
2. That Plaintiff agrees that she will not engage in any
conduct designed to instigate or encourage Defendant to
violate Paragraph 1 hereof, or which could reasonably lead
to said result.
3, Both parties shall attend the seminar for separating
parents sponsored by Dauphin County, and conducted by
Inner Works. This requirement shall be completed as soon
as reasonably possible.
4. Both parties shall participate in a minimum of three
individual counseling sessions by a qualified counselor at
Inner Works, the costs of which shall be divided equally
by the parties, Both parties shall participate in and
cooperate fully in the counseling and shall participate
and cooperate in any further counseling which may be
recommended by Inner Works.
The parties hereby request that Your Honorable Court enter the
terms of this Stipulation as an Order of Court,
Datedl
2-hll1r
,
D.n~
Attorney for Kristen H, Abner
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Donat T, Kissin ~
Attorney for Shawn W. Abner
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF t~f15i.; ~'f PENNA.
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KIUSTEN ~I. lIENER
Plaintiff
I' II, 95-73PGiv~.Lrt;!.p))
\' 1'1';-:11.'\
SHAWN W. ABNER
Defendant
AND NOW, . , . .
DECREE IN
DIVORCE
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19 U~., It 15 ordered and
KlllH1'EN II. AI3NER
. . . . , , , ... plaintiff,
.. . . ", defendant,
decreed that
and,. .
. . (iHAWN. W.. N1N1'R .
are divorced from tho bonds of matrimony,
The court retains jurisdiction of tho following claims which hove
been raised of record in this action for which 0 Iinol order has not yet
been entered;
i~
. A. copy. of Ihe. I'rnJ)(!,-t y Het llonellt A(lreement dated. ^,ugust. 1.2." 19,9,6,. ,i,s, a.tI,ached i ~
. heret 0 {lI~ln~1<le jl Jlilrl hereof
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PROPBRTY SBTTLEMENT AGRBEMENT
THIa AGREEMENT, made this } 1- .j1, day of ~
1996, by and between KRIaTEN H. ABNER of 1066 TUn~rry Court,
Mechanicsburg, Cumberland County. pennsyl vania (hereinafter
referred to as WIFE or MOTHER). and SHAWN W. ABNER of 4B6 Brighton
Place, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter
referred to as HUSBAND or FATHER),
WIT N E SSE T HI
WHEREAa, HUSBAND and WIFE were lawfully married on October 5,
19B7, in Las Vegas, Nevada; and
WHEREAS, two children were born of the marriage, namely JORDAN
C. ABNER, born on July 11, 19BB, and aETH M. ABNER, born on June
30, 1995; and
WHEREAS, differences have arisen between HUSBAND and WIFE in
consequence of which they now reside separate and apart from each
other/ and
WHEREAS, WIFE and HUSBAND declare that they have each had a
full and fair opportunity to obtain independent legal advice of
counsel of their selection; that WIFE has been independently
represented by Dennis J, Shatto, and that HUSBAND has been
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independently represented by Herbert C, Goldstein, Both parties
further declare that they are executing this Agreement freely and
voluntarily, and acknowledge that this Agreement is fair and
equitable and is not the result of any fraud, coercion, duress,
undue influence or collusion,
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:
SBCTION A.
GENERAL PROVISIONS
A.1 SBPARATION AND INTERPBRENCB. It shall be lawful for each
party at all times hereafter to live separate and apart from the
other party at such place as he or she may from time to time choose
or deem fit, The foregoing provision shall not be taken as all
admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart. Each
party shall be free from interference, authority, alld 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 the other or attempt to
molest the other, nor compel the other to cohabit with the other,
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or in any way harass or malign the other, nor in any way interfere
with the peaceful existence, separate and apart from the other and
each of the parties hereto completely understands and agrees that
neither shall do or say anything to the children of the parties at
any time which might in any way influence the children adversely
against the other party,
A.2 MUTUAL CONSENT DIVORCE, The parties acknowledge that
WIFE has commenced an action for divorce in the Court of Common
Pleas of Cumberland County at Docket No, 95-7317, The parties
further acknowledge that the ninety (90) day period provided under
Section 3301 (c) of the Code has expired and agree that
contemporaneous with the execution of this Agreement, each shall
sign and have acknowledged an Affidavit of Consent to a divorce
with the intent that said Affidavits shall be immediately
transmitted to WIFE' a counsel to be filed with a Praecipe to
Transmit Record and Vital Statistics form to precipitate the prompt
entry of a decree of divorce,
A.3 EFPECT OF DIVORCE DECREE, The parties agree that unless
otherwise specifically provided herein, Lhis 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,
A.4 DISTRIBUTION DATIl The transfer of property, funds
end/OJ: documents pl:ovided for herein, shall take place on the
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"distribution date" which shall be defined as the date of execution
of this Agreement unless otherwise specified herein. However, the
support and/or alimony payments, if any, provided for in this
Agreement shall take effect as set forth in this Agreement.
A.S EXECUTION DAT,jj1 The phrase "date of execution" or
"execution date" of this Agreement shall be defined as the date
upon which the last party signed this Agreement,
A.6 MUTUAL RELEASEI HUSBAND and WIFE each do hereby mutually
remise, release, quitclaim and forever discharge the other and the
estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all right, title and interest, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other and against the estate of
such other, of whatever nature and wheresoever 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 (a) Pennsylvania, (b) any State,
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commonwealth, or Lerritory of the United States, or (c) any other
country, or any rights which either party may have or at any time
hereinafter have for past, present, or future support or
maintenance, alimony, alimony pendente liLe, 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 thereof., 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, agreements and obligations of whatsoever nature
arising or which may arise under this Agreement or for the breach
thereof,
A.7 WARRANTY AS TO EXISTING OBLIGATIONS I During the course
of the marriage, WIPE and HUSBAND have incurred certain liabilities
and it is hereby agreed, without the necessity of ascertaining for
what purpose and to whose use each of the bills was incurred, that
of the liabilities which were incurred prior to the date of the
execution of thi.s Agreement, WIFE and HuaBAND each covenant,
represent, warrant and agree that, except as may be otherwise
specifically provided for by the terms of this Agreement, as of the
date of execution of this Agreement, no unpaid liabilities remain
which were incurred by him or her or on his or her behalf for which
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the other party may be deemed liable, and, if any such debts or
obligations should be determined to have existed as of the date of
execution of this Agreement, except as set forth below, the party
who incurred the debt or obligation shall defend, indemnify and
hold the other party harmless from and against any loss or
liability and costs or expense, including attorney's fees, incurred
as a result of said debt or obligation,
In the event that WIFE or HUSBAND does not pay whell due
any such obligations or debts, the other party shall have the
right, but not the obligation to pay such obligations or debts. If
one party pays such obligations or debts which the other party is
obligated to pay pursuant to this paragraph, after giving the
defaulting party five days written notice, the party making the
payment shall be entitled to receive reimbursement from the other
party not only for payments made, but also for any related costs,
including attorneys' fees.
A. B WARRANTY AS TO FUTURE OBLIGATIONS I WIFE and HUaBAND each
covenant, represent, warrant and agree that, except as may be
otherwise specif ica lly provided for by the terms of this Agreement.
neither of them shall hereafter incur any liabil ity whatsoever for
which the other or the estate of the other may be liable and each
now and at all times hereafter shall defend, indemnify and hold the
other party harmless from and against any such liabilities, costs
or expenses, inCluding attorneys' fees, relating thereto.
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,
A.9 DISCLOSURB, HUSBAND and WIFE each represent and warrant
to the other that he or she has made a full and complete disclosure
to the other of all assets of any nature whatsoever in which such
party has an interest, the sources and amount of the income of such
party of every type whatsoever and of all other facts relating to
the subject matter of this Agreement,
SECTION B.
CUSTODY
This Agreement represento FATHER'S and MOTHER'S best efforts
and thinking about how their relationship with their children will
work in the future. FATHER and MOTHER believe their children need
to have two parents who love and are involved with them, It is
their intention to support each other's relationship to their
children and share parental duties and responsibilities as outlined
below.
B.1 CUSTODY ARRANGEMENTI MOTHER shall have primary physical
custody of the children. FATHER shall have temporary physical
custody pursuant to the provisions in this Section B, FATHER and
MOTHER shall have shared legal custody of the children, Neither
parent has the right to make a unilateral decision on education or
medical treatment (other than emergency care), auch matters will
be discussed jointly before decisions are made,
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~ach parent agrees to keep the other apprised of any and
all matters related to the children's health, education, and
activities. Both further agree that each shall have equal access
to all information concerning the children,
B.2 WEEItBNDS. FATHER shall have temporary physical custody
on alternating weekends, beginning on Friday afternoon at 4 o'clock
p,m. until Sunday at 4 o'clock p,m,
B.3 WEBKDAY BVENINGS. FATHER shall have temporary physical
custody on Tuesday and Thursday evenings of the first week
following his weekend of temporary physical custody, and on
Wednesday evening of the next week, beginning at 4 o'clock p,m. and
ending at 9 o'clock p,m,
8.4 SUMMER VACATIONS. FATHER shall have temporary physical
custody of the children for two weeks (non-consecutive) each July
and two weeks (non-consecutive) each August. The parties will meet
by May 31 each year and develop a schedule for summer vacation,
MOTHER shall not unreasonably deny approval for the children to
attend a day camp during the summer months, provided that FATHER
shall pay the entire cost thereof and that MOTHER shall not be
required to transport the children a distance significantly greater
than the distance to her current day care provider. The parties
may, of course, mutually agree upon modif ications to the provisions
of this Section B,4,
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B.5 HOLIDAY ARRANGEMENTS. Both Easter Day and Thanksgiving
Day shall be shared in such a way that eac:h parent shall have the
children for approximately one half of the time, In every even
numbered year, MOTHER shall have the children all day on December
24 and approximately the first half of Christmas Day, and
approximately the second half of the immediately following January
1 and all day on January 2, and FATHER shall have them
approximately the second half of Christmas Day and all day on
December 26, and December 31 and approximately the first half of
the immediately following January 1. In every odd numbered year,
MOTHER shall have the children during the time periods FATHER had
them the previous year, and vise versa, The above hol iday schedule
shall take precedence over the provisions of B.2 and B.3 hereof.
Both parents agree that they will be flexible in scheduling all
other holidays, with a decision of where the children will be, mado
at least two weeks prior to the holiday.
B.6 OTHER SPECIAL DAYS I MOTHER shall have the children on
Mother's Day and on MOTHER'S birthday. FATHER shall have the
children on Father's Day and on FATHER'S birthday, The children's
birthdays shall be shared or alternating as the parties may agree.
B.7 OTHER PROVISIONS. When both parents attend an athletic
event in which one child is participating, and the other child is
also present, each of the parents shall have the right to visit
with the non-participating child approximately one-half of the time,
- 9 -
.
B.B USE OF MEDIATION. MOTHER and 1,'A'l'HEll further agree lhill
in the event they are unable to privately resol ve any future
disputes concerning their children, they shall seek the services of
a mediator or mental health professional before they seek recourse
from the courts, except in an emergency situation, 'rhis
requirement shall consist of one session, with each party paying
one half of the cost of the meeting, Any future meet ings
concerning the specific issues shall be mutually agreed upon,
SECTION C.
CHILD SUPPORT
C.1 CHILD SUPPORT. FATHER is subject to an Order of Court
entered in Cumberland County, Pennsylvania, on May 2B, 1996, to No,
500-a-96,
C.2 VERIFICATION OF INCOME. By February 2B of each year,
each party shall eubmit to the other a copy of all forms W- 2, 1099
and K-l and evidence of any other income (both earned and unearned)
received by that party for the tax year ended December 31 of the
preceding year, The amount of child support paid by the obligated
party shall be adjusted for the prior year based on the support
guidelines then in effect under the Pennsylvania Rules of Civil
Procedure, The adjusting payment shall be made by March 31, and
the parties shall stipulate to a new Order, effective January 1,
based on the prior year income.
- 10 -
.
C.3 UHBIIMBURSID HlDICAL .Ilf.INSIS FOR CHILD I HUSBAND and
WIFE shall maintain health insurance for their children with any
healthcare coverage available to either of them through their
employer. Both parties furthel' agree that they will share equall y
in any out-of-pocket healthcare premiums or medical expenses that
are not reimbursed by health insurance.
c.. COLLIGI IDUCATION. The parties shall contribute to the
college education of their children based on their respective
incomes using an analysis and method of calculation substantially
similar to the support guidelines then in ef fect under the
Pennsylvania Rules of Civil Procedure.
SICTION D.
ALIMONY. ALIMONY PINDENTI , COUNSEL FilS
D.l ALIMONY AND ALIMONY PENDENTI LITB. HUSBAND and WIFE
agree to waive any rights they may have, or at any time hereafter
have against the other, for past, present, or future support,
maintenance, alimony, or alimony pendente lite,
D.2 COUNSIL FIlS.
counsel fees.
Each party shall pay his or her own
- 11 -
.
SBCTION Il.
BOUITABLE DISTRIBUTION OF PROPERTY
B.1 CONSIDERATIONS FOR EOUITABLE DISTRIBUTION: The parties
have attempted to distribute their marital property in a manner
which conforms to the criteria set forth in Chapter 35 of the
Pennsylvania Divorce Code, and taking into account the relevant
considerations Bet forth therein,
E.2 MOTOR VEHICLES I With respect to the motor vehicles owned
by one or both of the parties, they agree as follows:
1) The Ford Explorer (titled jointly) shall become the
sole and exclusive property of HUSBAND,
2) The 1994 Lincoln Continental (leased jointly) shall
(subject to lease) become the sole and exclusive property of WIFE,
The title (or lease assignment) to the said motor
vehicles shall be executed by the parties, if appropriate for
effecting transfer as herein provided, on the date of execution of
this Agreement, and said executed title (or lease assignment) shall
be delivered to the proper parties on the distribution date. Each
party agrees to be solely responsible for the amounts presently due
and owing against his or her respective automobile and shall
indemnify the other against any liability either may incur on the
outstanding loan or lease in the other automobile,
E.3 ACCOUNTS AND OTHER INTANGIBLE PERSONAL PROPERTY I The
balance as of the execution date in all accoUnts and other
- 12 -
.
intangible personal property, including but not limited to, (a)
licensing revenues held for HUSBAND's account in the Major League
Baseball Players Association group licensing program, and (b)
Vanguard account in HUSBAND's name, account fll65-64-0311 (but
excluding Ford Money Market Account U907003B649 and any checking
accounts in WIFE's name, which are WIFE's property, and any
checking accounts in HuaBAND' s name, which are HUSBAND's property),
shall be divided equally between the parties, A copy of a letter
dated May 29, 1996 from the Association to Dennis J. Shatto,
explaining the group licensing program and reflect ing the dues
retained for HUSBAND, is attached hereto and made a part hereof.
E.4 DIVISION OF PERSONAL PROPERTY. All items of personal
property have been divided satisfactorily by the parties and
neither shall make any claim to any such property presently in
possession of the other.
ahould at any time it become necessary for either party
to execute any titles, deeds or similar documents to give effect to
this paragraph, it shall be done immediately upon request of the
other party.
The division of existing marital property is not intended
by the parties to constitute in any way a sale or exchange of
assets I and the division is being effected without the introduct ion
of outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all marital rights of. the parties,
- 13 -
.
ahould it become necessary, the parties each agree to
sign any titles or documents necessary to give effect to this
paragraph upon request, The above division of property shall
include any insurance policies covering that property and escrow
accounts relating to that property.
8.5 filiBlQHSl WIFE represents that she had no individual
pension rights as of the date of separation. HUaBAND shall be
entitled to retain his pension rights in and through the Major
League Baseball Players Benefit Plan ("HUSBAND's Pension), The
present value of said rights is $171,190.00, HUSBAND shall pay to
WIFE, in cash, the sum of $B5,595,OO, representing one-half of said
value, aaid sum shall be paid as follows:
a) $3,000,00 on the date the decree in divorce is issued;
b) $2,000,00 on October 1, 1996;
c) HUSBAND's one-half of the value of the Vanguard
account referred to in paragraph E, 3 hereof, by assignment or
transfer by HUSBAND to WIFE of all of HUSBAND's right, title and
interest in and to said account, as soon as possible after this
Agreement is executed;
d) the sum of $2,500,00 on December 1, 1996, June 1, 1997
and on the fi rst day of each succeeding December and June, unt il
the balance is paid in full, Any payment not made by the due date
shall bear interest at the rate of 1B\ per annum until paid;
e) HUSBAND's one-half of the licensing revenues referred
to in paragraph E.3 hereof shall be paid over to WIFE immediately
upon receipt by HUaBAND, and applied against the balance due;
- 14 -
.
.
f) HUSBAND's promise to make the payments set forth ill
this paragraph E. 5 shall be secured by HUSBAND's Pension, HUSBAND
shall execute any and all documents (including, but not limited to,
a Qualified Domestic I~elations Order) neceBsary to secure the
payments, If the full amount has not been paid by the time HUSBAND
reaches age 45, HUSBAND shall take all action and execute all
documents necessary to "retire" for purposes of payment of the
retirement benefits under HUSBAND's Pension, and the entire amount
of all monthly pension benefits shall be paid to WIFE until such
time as the balance due hereunder, together with interest, has been
paid in full;
g) HUSBAND agrees that his timely payments under this
Section E, 5 are of paramount importance to the support and well
being of WIFE and the children of the parties, In the event
HUaBAND defaults in any payment, (1) WIFE shall have available to
her all remedies, both legal and equitable, including but not
limited to, the right to accelerate the balance due as of the date
of default; (2) HUaBAND hereby authorizes the Prothonotary or any
attorney licensed in Pennsylvania to appear for and confess
judgment against him for the whole amount then due, waiving stay of
execution, inquisition and all exemption laws, with 15\ added as
attorney's commission for collection; and (3) HUSBAND agrees to an
attachment of his wages or income, in favor of WIFE, until the
balance due is paid in full,
h) HUSBAND agrees to execute and acknowledge any and all
documents reasonably requested or required to protect and secure
- 15
WIFE's rights to all payments referred to in this Section E,5.
1.6 J.IFI INSURANCE, HUSBAND shall irrevocably designate the
children, or at WIFE's option, the trustee (other than WIFE) of a
life insurance trust for the benefit of the children, as
beneficiary on the existing life insurance benefit under the Major
J,eague Baseball Players Benefit Plan, and on HUSBAND's existing
policy with atate Farm (policy #LF 132044B2), and shall do all acts
and things necessary to keep said benefits and insurance in force
at the current level of coverage.
If an irrevocable beneficiary designation cannot be made,
then HUaBAND agrees to designate the children or trustee as
beneficiary as aforesaid, and not to change the beneficiary
designation, HUaBAND shall, promptly upon request, periodically
produce proof that the said benefits and insurance continues in
effect with the children or trustee as beneficiary.
E.7 LIFE INSURANCE - RIGHT TO INSURE, HUaBAND and WI FE agree
that each may obtain and hold a policy or policies of life
insurance on the other party having the face amount of not more
than $250,000, until their children are 21 years of age, the funds
of which shall be to provide for the children of this union should
an untimely death of either party occur, The beneficiary will be
the owner of the policy. IlUaBAND and WIFE shall each be solely and
exclusively responsible for all of the payments, premiums and
obligations on the policy, or policies, they hold on the life of
the other, HUSBAND and WIFE desire that the proceeds be utilized
- 16 -
at the discretion of the owner of the policy primarily for the
shelter, educational and personal needs of their children,
E.8 REAL BSTATEI The real property formerly owned by the
parties as tenants by the entireties and situate at 1021 Tiverton
Road, Mechanicsburg, Cumberland County, Pennsylvania, has been sold
and the net proceeds have been distributed equally to the parties.
SECTION P.
MISCELLANEOUS PROVISIONS
F.l INCOME TAX PRIOR RETURNS. The parties have heretofore
filed joint federal and state tax returns, In the event any
deficiency in federal, state or local income tax is proposed, or
any assessment of any such tax is made against either of them, each
will defend, indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and
any interest, penalty and expense incurred in connection therewith,
Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the
cause of the misrepresentations or failures to disclose the nature
and extent of his or her separate income on the aforesaid joint
returns,
F.2 DEPENDENCY EXEMPTIONS POR INCOME TAXI WIFE shall be
entitled to claim all dependency exemptions for the children for
income tax purposes commencing with the tax year ended December 31,
1996,
- 17 -
SECTION G.
ENFORCEMENT AND STANDARD PROVISIONS
0.1 BREACH I It is expressly stipulated that if either party
fails in the due performance of any of his or her material
obligations under this Agreement, the other party shall have the
right, at his or her election, to sue for damages for breach
thereof, to sue for specific performance, or to seek any other
legal remedies as may be available, and the defaulting party shall
pay the reasonable legal fees for any services rendered by the
nondefaulting party' a attorney in any action or proceeding to
compel performance hereunder,
G.2 ADDITIONAL DOCUMENTS I 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 further
instruments and/or documents that the other party may reasonably
require for the purpose of giving full force and effect to the
provisions of this Agreement.
G.3 ENTIRE AGREEMENT. This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiationll between them, There are no other
representations, terms, covenants, conditions, agreements or
warranties, express or implied, oral or written or any nature
whatsoever, other than those expressly set forth herein,
- lB -
.
G.4 AGREEMENT BINDING ON HEIRS. The terms, provisions and
conditions of this Agreement shall be binding upon any and all of
the heirs, executors, administrators I successors or assigns of
either of the parties hereto, except as otherwise herein provided,
G.5 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 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,
G.6 APPLICABLE LAW, This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania and more specifically
under the Divorce Code of 19BO and the amendments thereto,
WHEREFORE, the parties have signed this Agreement with the
intention of being mutually legally bound.
IL~I-ja~~
- 19 -
.
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May 29. 1996
Dennis J. Shatto, Esq.
Cleckncr and Fearen
31 North Second Street
P.O. Box 11847
Harrisburg. PA 17108.1847
VIA FAX(717.m.BW)
ORIGINAL BY MAll.
Re: Shawn W. Abner
Dear Mr. Shatto:
Mark Belanger hOl OIked me to respond to your requcst for infonnation about Sha\\1l Abner's plll'licipation in the
MLBPA's group licensing progran1.
Pursuontto conmlCl'Cial authoril11lion agrecmcnts signed b)' Major League plaYI.'Il.including Mr. Abner, the Players
Association receil'cs royalties from tlle licensing of products which use thc nDllles,likencsses, signatures, etc. of three or
more plal'crs. The Association retains those royalties as spccial union dues and reports each pla)'cr's proportional share
os incomc to him on IRS Fonn 1099. The Association uses these rCI'cnucs 10 fund the operation oftlle licensing program
(direct cxpenses) and for ccr1lIin cxtraordinOl)' expenscs of thc Association, such as collectil'c bargaining and strike-related
cxpenscs, the collusion cascs. ctc. (spccial ducs cxpcnscs).
From timc to limc thc Associalion's Exccutivc Boord aUlhorizes nnd c1islributcs rerunds tn (llayers or licensing
rel'CI1Ues it deems to be excess union ducs. Thc amounts and timing of such distributions arc cnlircly witllin tllC discretion
of thc Exccutivc Board, and no playcr has any right to thc ducs rClained by the AssocialionlUllcss and until tllC Board
authorizcs a dislribution.
TIle Wl101Ult of Mr. Abner's dues retained by thc Association for each licensing ycar in which he participated is as
follows: 1991.. $17,773.34; 1992.. $S2,m.64; 1993.. $4,33940
If you hal'e any qucstions or nced any addilional Infonllalion. plcasc letmc know.
Sinccrcly.
WR~
Doyle R Pryor
I! I ,'~I .1'1111 ,111I I I "'I II '"H~ "" IIlIP
III 1~1~III~fdl"OI\ 1-\\ I!I!I "i!.II~N
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COMMONWEALTH OF PENNaYLVANIA
COUNTY OF DAUPHIN
On this, the ~~day of t11~ ' 1996, before
me, a Notary Public, the undersigned officer, personally appeared
KRISTEN H, ABNER, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the foregoing Property
Settlement Agreement and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto Bet my hand and official seal.
fA fA' -. IlC,n 12 /U-0
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My commission Expires I
I'/QtarlaISfNII
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~~ P8t4t01 C<<I1IY
t.+t 00mtri&IJ0ii EJqJiea ~ 11, 19!18
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, th~ay of (j~'rf'-{.dr- ~ , 1996, before
me, a Notary Public, the undersigned officer, personally appeared
SHAWN W, ABNER, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the foregoing Property
Settlement Agreement and acknowledged that he executed the same for
the purposes therein contained.
IN WITNEas WHEREOF, I hereunto set my hand and official seal.
'~
My Commission Expires I
NoIa~alllaal
T f1f L lockhart, Notary Public
Tlarrlibura, Dauphin County
My commllllon e_p1laa May 3, 1999
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KRISTEN H, ABNER, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNA
vs, CIVIL ACTION. LAW
SHAWN W, ABNER, NO, 96.7317
Dafendant 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 Codel
2, Date and manner of service of the complslnt: Jsnuary 2, 1996 by
scceptance of service {Pa, R,C,P, 1930.4{dll,
3, Date of execution of the affidavit of consent required by Section 3301 (c) of
the Divorce Code: by Plaintiff on August 12, 1996; by Defendant on August 12,
1996,
4, Related claims pending: None,
CLECKNER AND FEAREN
By:
Dennis J, Shallo, Esquire
Allorney 1.0, No, 26676
31 North Second Street
p, 0, Box 11847
Harrisburg PA 17108-1847
(717) 238.1731
Attorney for Plaintiff
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KRISTEN H, ABNBR,
Plaintiff
IN THB COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9c-?J/7 C'-v,'l UfJ-Irl
v,
SHAWN W. ABNER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court, If you wish to defend against
the claims set forth in the following pages, you must take prompt
action, You are warned that if you fail to do so, the case may
proceed without you and a Decree of Divorce or annulment may be
entered against you by the Court. A judgment may also be entered
against you for any other claim or relief requested in these papers
by the Plaintiff. You may lose money or property or other rights
important to you,
When the ground for divorce is indignities or irretrievable
breakdown of the marriage, you may request marriage counseling. A
list of marriage counselors is available in the office of the
Prothonotary at the Cumberland County Courthouse, Carlisle,
Pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVIaION OF PROPERTY,
LAWYER'a FEES OR EXPENSEa BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
YOU aHOULD 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.
Court Administrator, Fourth Floor
Cumberland County Court House
Carlisle, Pennsylvania 17013
Telephone I (717) 240-6200
KRIaTEN H. ABNER,
Plaintiff
IN THE COURT OF COMMON PLEAa
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 9t~ nl? (?'~I ( ICIUf'\
v.
SHAWN W. ABNER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE or AVAILABILITY or COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a
divorce proceeding filed in the Court of Common Pleas of Cumberland
County. This notice is to advise you that in accordance with
Section 3302(d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to
a divorce being handed down by the court. A list of professional
marriage counselors is available at the Domestic Relations Office,
13 North Hanover Street, Carlisle, Pennsylvania, You are advised
that this list is kept as a convenience to you and you are not
bound to choose a counselor from this list,
All necessary
arrangements and the cost of counsel ing sessions are to be borne by
you and your spouse,
If you desire to pursue counseling, you must make your request
for counseling within twenty days of the date on which you receive
this notice. Failure to do so will constitute a waiver of your
right to request counseling,
. ,
KRISTEN H, ABNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
v,
aHAWN W. ABNER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
UNDBR SBCTION 33011c) OR 3301ldl OF THE DIVORCE CODI
AND NOW, comes the above-named Plaintiff, KRISTEN H, ABNER, by
her attorneys, Cleckner and Fearen, and makes the following
Complaint in Divorce I
1, The Plaintiff is KRISTEN H. ABNER, an adult individual who
currently resides at 1021 Tiverton Road, Mechanicsburg, Cumberland
County, Pennsylvania.
2. The Defendant is SHAWN W. ABNER, an adult individual who
currently resides at 4B6 Brighton Place, Mechanicsburg, Cumberland
County, Pennsylvania,
3, Plaintiff and Defendant have besll bona fide residents in
the Commonwealth for at least six (6) months immediately previous
to the filing of this complaint,
4. The Plaintiff and Defendant were married on October 5,
19B7, in Las Vegas, Nevada,
5. There have been no prior actions of divorce or for
annulment between the parties.
6. This marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage
counseling and that the Plaintiff may have the right to request
that the Court require the parties to participate in counseling,
WHEREFORE, Plaintiff requests this Court to enter a decree in
divorce pursuant to the Divorce Code of Pennsylvania.
Respectfully submitted,
BYI
FKARIN
@
Dennis J, Shatto, Esquire
Attorney I,D, "25675
p, 0, Box 11B47
31 North aecond atreet
Harrisburg, PA 1710B-1B47
(717) 23B-1731
CLBCItNBR
Datel
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2
VERIFICATION
I verify that the statements made in the foregoing Complaint
are true and correct to the best of my knowledge, information and
belief. I understand that false statements herein are made subject
to the penalties of 1B Pa, C.S. 54904 relating to unsworn
falsification to authorities.
Datel
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KRISTEN H, ABNER,
Plainti f f
IN 'I'/m COUII'I' 011 COMMON Pl,ElIB
CUMllltlll,ANU COUNT V , PENNSVLVANIA
NO. 95.1]11 CIVIL TERM
CIVil, AC'I'ION . I,AW
IN PI VOllell
v.
SHAWN W, ABNER,
Defendant
ACCBPTANCB or BIUICl
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KRISTEll H. ABNER
IN THE COURT OF COMMON PLEAS
DAUPHIN COUNTY, PENNSYLVANIA
Plaintiff
v.
No,q5~131~
SHAWN W. ABNER
CIVIL ACTION - LAW
IN DIVORCE
Defendant
~rrIDAVII-Qr CONSENT
1, A complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on
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 conoent to the ontry of a final Decree of Divorce.
4, I understand that if a claim for Alimony, Alimony
pendente Lite, Marital Property, or Counsel Fees or Expenses has
not been filed with the Court before the final Decree in Divorce,
the right to claim any of them will be lost.
5. I undorstand that I have the right to request that my
spouoe and I participate in marriage counseling. Being so advised
I do not requeat marriage counseling.
1 vurify that the statements made in this Affidavit are
true and correct. I understand that false
oubject to the penalties of 18 Pa, C. Se
unsworn faloification to authoritie ,
Date
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KRISTEN H, ABNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
vs.
CIVIL ACTION. LAW
SHAWN W. ABNER,
Defendanl
NO. 95.7317
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint In Divorce under Section 3301 (c) of the Divorce Coda wss flied
on Decembsr 27, 1995 and was served (by acceptance) upon the Defendant on or
sbout January 2, 1996.
2. The marriage of Plaintiff and Defendant Is Irretrievably broken snd ninety
(901 days have elapsed from the date of filing of the complaint and the date of service
of the complaint on the Defendant.
3. I consent to the entry of a final decree In divorce either after service of a
Notlca of Intention to Request Entry of the Decree or upon filing of my Waiver of the
Notice of Intention to Request Entry of the Decree.
4. I hsve been advised of the availability of marriage counseling and understand
that the Court maintains a list of marriage counselors and that I may request the Court
. to require my spouse and I to participate In counseling and, being so advised, do not
request that the Court require that my spouse and I participate In counseling prior tot
the divorce becoming final.
I verify that the statements made In this Affidavit sre true and correct and I
understand thot folse stotements herein ore made subject to the penoltles of 18 Pa,
C,S. ~4904 relating to unsworn felslflcatlon to euthorltles.
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KRISTEN H. ABNER
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KRISTEN H. ABNER,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
CIVIL ACTION - LAW
vs,
SHAWN W. ABNER,
Defendant
NO, 96 - 7317
IN DIVORCE
WAtYER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301lcl OF THE DIVORCE CODE
1. I consent to tile entry of a final decree In divorce wltllout notice.
2. I understand tllat Imay lose rlgllts concerning alimony, division of property,
lawyer's fees, or expenses If I do not claim tllem before a divorce Is grantsd,
3. I understand tllst I will not be divorced until a divorce decree Is entered by
Ills court and that a copy of tile decree will be sent to me Immediately efter It Is flied
wltll tile Prolllonotery,
I verify tllat tile ststements msde In tills Affldevlt are true and correct snd I
understsnd tllat fslse statements herein are made subject to the penalties of 1 B Pa.
C.S. '4904 relating to unsworn falsification to authorities.
Date: B - /). -(( t.,
/Ltu.- of! 0 (!n 11
KRISTEN H. ABNER
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KRIS'l'El'l II. ABNER
plaintiff
I IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I NO. 95 - 7317
:
I CIVIL ACTION - IN DIVORCE
VS.
SHAWN W. MINER
Respondent
WAIVER OP NOTICE OF INTENT TO PILE
I, SHAWN ABNER, waive the 20 day Notice of Intent To Pile
for the above captioned divorce, With~U~)~F~~th r
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CoMMONWEALTH OF PENNSYLVANIA)
COUNTY OF DAUPHIN
: 88:
)
On this, the ----14- day of
August
1996 before me, a Notary Public, the undersigned officer,
personally appeared Shawn Abner, known to me, (or satiofactorily
proven) to be the person whose name is subscribed to the within
Affidavi t and acknowledged that he executed the same for the
purposes therein contained.
In Witness Whereof, I have hereunto set my hand and notarial
seal.
Ti Nola/hi Gual
'Acy ~, ~ockha", Nolnry /'ubilo
M U,riSbll'O, Oallohlll ('ollnl
y COll1l11lijSi~n !:.plres kiay 3,"000
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KRISTEN H, ABNER, I IN THE COURT OF COMMON
Plaintiff I PLEAS OF CUMBERLAND
I COUNTY, PENNSYLVANIA
)
va. I CIVIL ACTION. LAW
I
SHAWN W, ABNER, ) NO. 96.7317 CIVIL TERM
Defandant ) IN DIVORCE
NOTICE
TO DEFENDANT NAMED HEREIN:
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW
MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT
JUDGMENT MAY BE ENTERED AGAINST YOU.
BY~
Samuel L. Andes
Attorney for Plslntlff
Suprems Court 10 17226
626 North 12th Street
Lemoyne, PA 17043
(717) 761.6361
KRISTEN H. ABNER, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs, ) CIVIL ACTION. LAW
)
SHAWN W. ABNER, ) NO. 95.7317 CIVIL TERM
Defendant ) IN DIVORCE
AND NOW comes the above.named Plaintiff, by her attorney, Samuel L. Andes, and
makes the following answer to Defendant's Petition in this matter:
1. Admitted.
2. Admitted. By way of further answer, Plaintiff states that the Property Settlement
Agreement was attached to and made a part of the final Decree In divorce entered in this
matter on 14 August 1996.
3. Admitted. By way of further answer, Plaintiff states that Defendant had every
opportunity to have the pension appraised by an appraiser of his selection and either did
so without disclosing the results to Plaintiff or voluntarily elected not to have such an
appraisal performed.
4. Denied as stated. The Property Settlement Agreement between the parties
speaks for itself and any characterization of the basis for that Agreement or the parties
intent regarding that Agreement is barred by the appropriate rules of evidence and law
iI and no answer to such averments are required.
5, Denied. The report speaks for itself and no characterization of it is necessary. As
a result, no response to the statements In Paragraph 5 of the Defendant's Petition are
required. To the extent such response is required, Plaintiff denies that said report was
based upon "inaccurate assumptions" or that the report was, in any way "inaccurate."
6. Denied. Plaintiff denies that the report of Harry M. Leister states any more than
Mr. Leister's opinion as to value and Plaintiff denies that the value of the pension is as
claimed at this time by Defendant.
7. Denied. The parties did not operate under a mutual mistake as to the value of
I the pension at the time of the entry of the Property Settlement Agreement. Moreover, the
value of Defendant's pension was not the reason why either of the parties entered Into
I such Agreement and any alleged mistake is not the cause of their Agreement.
III,
8. Denied for the reasons set forth in the answer to Paragraph 4 above.
II
Ii 9. Denied. Plaintiff is entitled to receive the sums which Defendant agreed to pay
,<
'I her and which this Court then ordered the Defendant to pay to her. The averments set out
i
I
I in Plaintiff's New Matter are incorporated herein by reference.
I 10. Denied, The parties did not make a mutual mistake, no mistake has caused
significant prejudice to Defendant, and no mistake has deprived Defendant of the benefit of
his intended bargain. The averments set out in Plaintiff's New Matter are incorporated
herein by reference.
11. Denied. Plaintiff denies that Defendant has made all other payments to which
II she 15 entitled under the terms of the Property Settlement Agreement and this Court's
1
Decree of 14 August 1996, The other statements set out In Paragraph 11 are denied for
the same reasons as set forth In the answer to Paragraph 4 herein and above.
12. Denied, Plaintiff has not received the payments to which she Is entitled under
~he Agreement between the parties and the Decree of this Court dated 14 August 1996
bnd has not received all of the funds for which she bargained in the negotiations between
he parties.
13. Denied. Plaintiff denies the averments set out In this Paragraph for the same
reasons as she has set out in her answer to Paragraphs 3 and 4 above, In addition,
!Plaintlff Incorporates herein by reference the averments set out in Plaintiff's New Matter.
I
I WHEREFORE, Plaintiff prays this Court to dismiss Defendant's Petition and to order
Ipefendantto perform and comply with the obligations of the Property Settlement
I
rgmement between the parties and this Court's Decree dated 14 August 1996
I NEW MATTER
,
,
I 14. There was no mistake of fact in this matter because the report of Maureen
iLindsay was not a statement of fact but was merely an expression of opinion.
l 15. If there was a mistake of fact In this matter, it was made by the Defendant and
as not a mutual mistake.
16. To the extent there was any mistake in this matter, mutual or otherwise, it was
I
raused by the Defendant and by the faulty, Inaccurate, or incomplete Information provided
IbY the Defendant or his representatives.
J
17, Defendants' claim of mistake has been waived by his unilateral decision to rely
upon the opinion of Maureen Lindsay either without Defendant obtaining an opinion of his
own 01 without relying upon any opinion he may have obtained at that time.
lB. There is no mutual mistake in this matter sufficient to justify reformation of the
Property Settlement Agreement between the parties, which was reached as a result of
good.faith, arms. length negotiations.
19. There is no basis to reform a part of the Agreement between the parties without
rescinding all of that Agreement and the Divorce Decree which was entered upon that
Agreement.
20. The Divorce Code of Pennsylvania expressly prohibits this Court from altering
or changing or modifying any of the property distribution provisions of the Property
Settlement Agreement between Plaintiff and Defendant.
21. Neither party took any appeal from this Court's Decree of 14 August 1996 or
the Property Settlement Agreement entered as part of that Decree.
22, The Defendant In this action sought and obtained a final decree in divorce and
agreed to Its procurement.
23. The Defendant accepted a property settlement, and the benefits of that
property settlement, in accordance with the terms of the final decree In divorce entered In
this matter.
24. The Defendant remarried after the entry of the final decree in divorce in this
matter.
25. The Defendant is guilty of laches.
"
26, The Divorce Code of Pennsylvania expressly prohibits this Court from
modifying, reforming, vacating, or otherwise changing or disturbing its Decree of 14
August 1996 and the Property Settlement Agreement made part of that Decree.
27. This Court is without jurisdiction to grant the relief requested by Defendant.
28, Defendant has not alleged or claimed any fraud or misrepresentation leading to
the formation of the Property Settlement Agreement.
29. Defendant's claim in this petition Is barred by the doctrine of res ludlcata,
30. Defendant's claim in this petition is barred by the doctrine of estoppel.
31. Defendant's in this petition are barred by the express provisions of the
Pennsylvania Divorce Code.
WHEREFORE, Plaintiff prays this Courlto deny and dismiss Defendant's Petition in
this matter and to enforce the terms and provisions of its Decree of 14 August 1996.
~
Samuel L. Andes
Attorney for Plaintiff
Supreme CourtlD # 17225
525 N. 121h Street
Lemoyne, PA 17043
(717) 761.5361
5
COMMONWEALTH OF PENNSYLVANIA )
( 55.:
COUNTY OF CUMBERLAND )
Kristen H. Abner, being duly sworn according to law, deposes and says that the
facts set forth in the foregoing Answer are true and correct to the best of her knowledge,
information, and belief.
ILA_~.b_;- t.J {}.{r-t-L-1
Kristen H. Abner
Sworn to and subscribed
before me this 1(, ~t., day
of Ti-ll..Y , 1998,
__-''e~ BIN. #
Nota(y Public.
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KRISTEN H. ABNER,
Plaintiff
IN THE COURT OF COMMON I)LEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
SHAWN W. ABNER,
Defendanl
NO, 95-7317 CIVIL TERM
IN RE: PETITION TO REFORM PROPERTY SE1TLEMI~NT AGREEMENT
ORDEI~ OF COURT
AND NOW, this7-{Lday of July, 1998, upon request of Donnld T. Kissinger, Esq.,
attorney for Defendnnt, the hearing previously scheduled in this matter for August 6, 1998,
is RESCHEDULED to Wednesday, September 30, 1998. ul I :30 p.m., in Courtroom No. I,
Cumberland County Courthouse, Carlisle, Pennsylvania.
BY THE COURT,
Donald T. Kissinger, Esq.
130 Walnut Street
P.O. Box 810
Harrisburg, I' A 17108 .C ~4 ')lLf"J.d
Attorney for Defendunt
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Sllmuel L. Andes, Esq.
525 North Twelllh Slreet
Lemoyne, PA 17043
(Courtesy Copy)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTEN H. ABNER,
PlaintilT
)
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)
)
)
)
)
CIVIL ACTION - LA W
IN DIVORCE
v.
NO, 95-7317 CIVIL TERM
SIM WN W. ABNER,
Dcfcndant
RUU: TO snow CAUSE
AND NOW this -1l1h day of Junc, 1998, upon considcration ofthc Pctition to
Rcfonn Propcrty Scltlcmcnt Agrccmcnt. Rcspondcnt Kristcn II. Abncr is hcrcby dircctcd to
show causc.lfany shc has. why thc rellefrequcstcd in said pClition should not be grantcd. This
Rule shall be retumable in writing within ~~ dllYs from scrvice upr'ln Respondcnt's counscl.
f (II
Hcaring with regard to said pelition, ifnccessllry. shall bc conducted the .. I day of
~ ; I ill,", commencing at /, f,m. in Courtroom Iii,' · ,--L ofthc
Cumberland County Courthouse.
BY THE COURT:
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c1lenlllabner,plr
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
KRISTEN H. ABNER.
Plaintiff
)
)
)
)
)
)
)
NO. 95-7317 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
v.
SHAWN W. ABNER,
Defendant
PETITION TO REFORM PROPERTY SETTLEMENT AGREEMENT
AND NOW comcs Shawn W. Abncr, by and through his counsel, Howcll. Kissingcr &
Miles, P.C., who respcctfully scts forth thc following in support ofthc within pctition:
I, Petitloncr is Shawn W. Abncr. Defcndant in thc abovc.captioncd action in
divorce, whcrein Rcspondcnt is Plaintiff.
2, Thc parties cntcrcd into a Propcrty Settlcmcnt Agrccmcnt on August 12,
1996, a truc and corrcct copy of which is attachcd hcrcto as Exhibit "A" and incorporatcd hcrcin
by rcfcrencc. Thc partics wcrc divorccd by dccrcc cntcrcd August 14, 1996 by this Honorablc
Court.
3. During thc ncgoliutions Icuding up to execution of the Property Settlemcnt
Agrccmcnt, Dcnnis J, Shatto, Esquirc, counscl for Rcspondcnt, cngagcd thc scrviccs of Maurecn
A. Lindsuy of Pcnsion Rcsourccs, Inc, to pcrfonllu prcscnt vuluution of Pctitioncr's rctircmcnt
plan for cquitablc distribution purposcs, A truc und corrcct copy of Muurccn Lindsay's rcport is
attachcd hcrcto as Exhibit "B" und incorporutcd hcrcin by rcfcrcncc.
4. Bused uponthc Lindsuy report, u11l1 conslstcnt with the partics' intcnt to
providc Rcspondcnt with cush or liquid SUI11S rcprcscnting onc.halfofthc prcscnt vuluc of
J'
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Petitioncr's dcfincd bcncfit pcnsion through thc Major Lcaguc Bascball Playcrs Bcnclil Plan, thc
partics provldcd in subscction E.5 of said Propcrty Scttlcmcnt Agrccmcnt as follows:
...HUSBAND shall bc cntltlcd to rctain his pcnsion rights in and
through thc Major Lcaguc Bascbull Playcrs Bcncfit Plun
("HUSBAND'S Pcnsion). Thc prcscnt valuc of said rights is
$171,190,00. HUSBAND shall pay to WIFE, in cash,thc sum of
$85,595.00, rcprcscnting onc-half of said valuc...(Propcrty
Scttlcmcnt Agrccmcnt, pagc 14)
5. Thc Maurccn Lindsay valuation rcport was bascd upon various inaccuratc
assumptions rcsulting in calculation of a prcscnt valuc significantly grcatcr thanthc actual
present value of Petitioner's pcnsion as of thc datc of thc rcport.
6, Thc actual maximum prcscnt valuc of Pctitioncr's pcnslon payable al age
62 was $6 I ,709. Attachcd hcrcto as Exhibit "c" and incorporatcd hcrcin by rcfcrcncc is a report
datcd Junc 4, 1998 by HulT)' M. Lcistcr, Jr., F.S.A. sctting forth appropriatc culculatlons ofthc
prcscnt vuluc of Pctitioncr's pcnsion in Junc 1996,
7. Thc partics opcrutcd undcr a mUlUulmistakc as to thc prcscnt valuc of
Petitioncr's pension atthc timc of cntry into thc August 12, 1996 Propcrty Scttlcmcnt
Agrecmcnt.
8, In subscction E.5 of said Propcrty Scttlcmcnt Agrccmcnt. thc partics
clcarly cxprcsscd thcir intcntto providc Rcspondcnt with a cash sum rcprcscnting onc-halfofthc
prcscnt vulue ofPctitioner's pcnsion as part of an cquitublc distribution ofthc marital propcrty.
In accordancc with suid provision, Pctitloncr has paid thc sum of$46,805.49 to Rcspondcnt.
9. In ordcr to accomplish thc purtics' intcntthat Rcspondcnt rcccivc onc-half
of the prcscnt valuc ofPctitloncr's pcnsion, Rcspondcnt should havc bccn cntitlcd to rcccivc thc
2
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sum of $30,854.50. Pctitioncr has alrcady paid to Rcspondcnt sums $15,950.99 grcatcr than Ihc
intcndcd cntitlcmcnt.
10. Thc partics' mutual mistakc in assigl1lncnt of an crroncous valuc to
Pctitioncr's pcnsion for purposcs ofthc agrccmcnt has rcsullcd in signilicant prcjudice to
Pctitioncr and has dcprivcd him ofthc bcnclit of his intcndcd bargain.
II. All othcr transfcrs rcquircd to be madc by Pctitioncr to Rcspondcnt
pursuant to said Propcrty Scttlcmcnt Agrccmcnt havc bccn complctcd with thc cxccption ofthc
transfcr to Rcspondcnt pursuant to QDRO of funds from Pctitioncr's Major Lcaguc Bascball
Playcrs Invcstmcnt Plan, which plan had a balancc of$28.130.62 as ofScptcmbcr 30,1997.
Pursuant to subscction EJ ofthc Propcrty Scttlcmcnt Agrccmcnt, said account is rcquircd to bc
cqually dividcd. Subscction E,5c rcquircs Pctitioncr's onc-halfofthc valuc of said Invcstmcnt
Plan to bc applicd to thc outstanding balancc duc and payablc to Rcspondcnt as a rcsull ofhcr
sharc of thc prcscnt valuc ofthc dclincd bcnclit pcnsion plan.
12. Rcspondcnt has alrcady rcccivcd slltisfactory funds to providc hcr with in
cxccss of lifty pcrccnt (50%) ufthc marital property without any transfcr of funds to Rcspondent
from the Invcstmcnt Plan.
] 3. Thc intcnt of the partics in cntry into the Propcrty Scttlcmcnt Agrccmcnt
may bc bcst cffcctuatcd by a rcfonnation of said ugrccmcnt to climinatc Pctitioncr's
rcsponsibility to convcy any funds to Rcspondcnt fromthc Invcstmcnt Plan und by climinllting
any furthcr obligation onthc part of Pctitioncr to pay cash sums to Rcspondcnt pursuant to
subscction E.5 of said agrccmcnt.
WIIEREFORE, Pctitioncr rcspcctfully rcqucsts that this Honorllblc Court cntcr UIl ordcr
rcfomllng thc Propcrty Scttlcmcnt Agrccmcnt dutcd August 12, 1996 to cllminatc thc
3
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requircmentthal Petitioncr tronsfcr ony funds from the Investmcnt Plan to Rcspondent ond by
climinating ony fu1hcr rcsponsibility to makc cash paymcnts pursuant to subscction E.S oflhc
agrecmcnt.
Rcspcctfully submittcd,
D.lo: C. / l' ?>
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Donald T. Kissingcr, Esquir
HOWETT, KISSINGER &
130 Walnut Strcet
P.O. Box 810
Harrisburg, PA 17108
Tclcphonc: 717-234-2616
Counsel for PetitionerlDefcndant
4
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VERIFICATION
I, Shawn W. Abner, hereby swear and affinn that the facts contained in the foregoing
Petition to Reform Property Settlement Agreement
are true and comet to the
best of my knowledge, infomlatlon and beliefand arc made subject 10 Ihe penallles of 18 Pa.C.S.
~4904 relating to unsworn falsification to authorities.
June a, 199B
DATE
SHA'
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this
1996, by and between KRISTEN H.
/Z1.d,y of ~"1MT
ABNER of 1066 Tun erry Court,
Mechanicsburg,
Pennsylvania
(hereinafter
Cumberland County,
referred to as WIFE or MOTHER), and SHAWN W. ABNER of 486 Brighton
Place, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter
referred to as HUSBAND or FATHER),
W I TON E SSE T HI
WHEREAS, HUSBAND and WIFE were lawfully married on October 5,
1987, in Las Vegas, Nevada; and
WHEREAS, two children were born of the marriage, namely JORDAN
C. ABNER, born on July 11, 1988, and SETH M. ABNER, born on June
30, 1995; and
WHEREAS, differences have arisen between HUSBAND and WIFE in
consequence of which they now reside separate and apart from each
other; and
WHEREAS, WIFE and HUSBAND declare that they have each had a
full and fair opportuni ty to
ri:ouri~el' of their selection;
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~~!FePF~sent~d by Dennis J. Shatto,
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obtain independent legal advice of
that WIFE has been independently
and that
HUSBAND has been
- 1 '
EXHIBIT
I
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,
independently represented by Herbert C. Goldstein. Both parties
further declare that they are executing this Agreement freely and
voluntarily, and acknowledge that this Agreement is fair and
equitable and is not the result of any fraud, coercion, duress,
undu~ influence or collusion.
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:
SECTION A.
GENERAL PROVISIONS
A,l SEPARATION AND INTERFERENCE I It shall be lawful for each
party at all times hereafter to live separate and apart from the
other party at such place as he or she may from time to time choose
or deem fit. The foregoing provision shall not be taken as an
admission on the part of either party of the lawfulness or
unlawfulness of the causes leading to their living apart. Each
party shall be free from interference, authority, and 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 the other or attempt to
molest the other, nor compel the other to cohabit with the other,
- 2 -
. '
, .
or in any way harass or malign the other, nor in any way interfere
with the peaceful existence, separate and apart from the other and
each of the parties hereto completely understands and agrees that
neither shall do or say anything to the children of the parties at
any time which might in any way influence the children adversely
against the other party.
A,2 MUTUAL CONSENT DIVORCE, The parties acknowledge that
WIFE has commenced an action for divorce in the Court of Common
Pleas of Cumberland County at Docket No. 95-7317. The parties
further acknowledge that the ninety (90) day period provided under
Section 3301(c) of the Code has expired and agree that
contemporaneous wi th the execut ion of thi s Agreement, each shall
sign and have acknowledged an Affidavit of Consent to a divorce
with the intent that said Affidavits shall be immediately
transmitted to WIFE'S counsel to be filed with a praecipe to
Transmit Record and Vital Statistics form to precipitate the prompt
entry of a decree of divorce.
A.3 EFFECT OF DIVORCE DECREE I 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.
A.4
DISTRIBUTION DATE'
The transfer of property, funds
and/or documents provided fOl" herein, shall take place on the
] .
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"distribution date" which shall be defined as the date of execution
of this Agreement unless otherwise specified herein, However, the
support and/or alimony payments, if any, provided for in this
Agreement shall take effect as set forth in this Agreement.
A,S EXECUTION DAAEI The phrase "date of execution" or
"execution date" of this Agreement shall be defined as the date
upon which the last party signed this Agreement.
A,6 MUTUAL RELEASEI HUSBAND and WIFE each do hereby mutually
remise, release, quitclaim and forever discharge the other and the
estate of such other, for all time to come, and for all purposes
whatsoever, of and from any and all right, title and interest, or
claims in or against the property (including income and gain from
property hereafter accruing) of the other and against the estate of
such other, of whatever nature and wheresoever 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 (a) Pennsylvania, (bl any State,
- 4
, I I'
. '
commonwealth, or territory of the United States, or (c) any other
country, or any rights which either party may have or at any time
hereinafter have for past, present, or future support or
maintenance, alimony, alimony pendente lite, counsel fee~, 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 thereof. 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, agreements and obligations of whatsoever nature
arising or which may arise under thia Agreement or for the breach
thereof.
A,7 WARRANTY AS TO EXISTING OBLIGATIONS I
During the course
of the marriage, WIFE and HUSBAND have incurred certain liabilities
and it is hereby agreed, without the necessity of ascertaining for
what purpose and to whose use each of the bills was incurred, that
of the liabilities which were incurred prior to the date of the
execution of this Agreement, 111 FE and HUSBAND each covenant,
represent, warrant and agree that, except as may be otherwise
specifically provided for by the terms of this Agreement, as of the
date of execution of this Agreement, no unpaid liabilities remain
which were incurred by him or her or on his or her behalf for which
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, .
. .
the other party may be deemed liable, and, if any such debts or
obligations should be determined to have existed as of the date of
execution of this Agreement, except as set forth below, the party
who incurred the debt or obligation shall defend, indenmify and
hold the other party harmless from and against any loss or
liability and costs or expense, including attorney's fees, incurred
as a result of said debt or obligation.
In the event that WIFE or HUSBAND does not pay when due
any such obligations or debts, the other party shall have the
right, but not the obligation to pay such obligations or debts. If
one party pays such obligations or debts which the other party is
obligated to pay pursuant to this paragraph, after giving the
defaulting party five days written notice, the party making the
pa}~ent shall be entitled to receive reimbursement from the other
party not only for payments made, but also for any related costs,
including attorneys' fees,
A.8 WARRANTY AS TO FUTURE OBLIGATIONS I WI FE and HUSBAND each
covenant, represent, warran'~ and agree that, except as may be
otherwise specifically provided for by the terms of this Agreement,
neither of them shall hereafter incur any liability whatsoever for
which the other or the estate of the other may be liable and each
now and at all times hereafter shall defend, indenUlify and hold the
other party harmless from and against any such liabilities, costs
or expenses, including attorneys' fees, relating thereto.
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"
A,9 DISCLOSURE I HUSBAND and WIFE each represent and warrant
to the other that he or she has made a full and complete disclosure
to the other of all assets of any nature whatsoever in which auch
party has an interest, the sources and amount of the income of such
party of every type whatsoever and of all other facts relating to
the subject matter of this Agreement,
SECTION B.
CUSTODY
This Agreement represents FATHER'S and MOTHER'S best efforts
and thinking about how their relationship with their children will
work in the future. FATHER and MOTHER believe their children need
to have two parents who love and are involved with them. It is
their intention to support each other's relationship to their
children and share parental duties and responsibilities as outlined
below.
B.l CUSTODY ARRANGEMENT I MOTHER shall have primary physical
custody of the children. FATHER shall have temporary physical
custody pursuant to the provisions in this Section B. FATHER and
MOTHER shall have shared legal custody of the children. Neither
parent has the right to make a unilater.al decision on education or
medical treatment (other than emergency care), Such matters will
be discussed jointly before decisions are made.
- 7 -
Each parent agrees to keep the other apprised of any and
all matters related to the children/s health, education, and
activities. Both further agree that each shall have equal access
to all information concerning the children.
B.2 WEEKENDS, FATHER shall have temporary physical custody
on alternating weekends, beginning on Friday afternoon at 4 o'clock
p,m, until Sunday at 4 o'clock p,m.
B.3 WEEKDAY EVENINGS, FATHER shall have temporary physical
custody on Tuesday and Thursday evenings of the first week
following his weekend of temporary physical custody, and on
Wednesday evening of the next week, beginning at 4 o'clock p.m. and
ending at 9 o'clock p,m,
B,4 SUMMER VACATIONS, FATHER shall have temporary physical
custody of the children for tWo weeks (non-consecutive) each July
and two weeks (non-consecutive) each August, The parties will meet
by May 31 each year and develop a schedule for summer vacation.
MOTHER shall not unreasonably deny approval for the children to
attend a day camp during the summer months, provided that FATHER
shall pay the entire cost thereof and that MOTHER shall not be
required to transport the children a distance significantly greater
than the distance to her current day care provider, The parties
may, of course, mutually agree upon modifications to the provisions
of this Section B,4,
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, '
B.5 HOLIDAY ARRANGEMEltrnI Both Easter Day and Thanksgiving
Day shall be shared in such a way that each parent shall have the
children for approximately one half of the time. In every even
numbered year, MOTHER shall have the children all day on December
24 and approximately the first half of Christmas Day, and
approximately the second half of the immediately following January
1 and all day on January 2, and FATHER shall have them
approximately the second half of Christmas Day and all day on
December 26, and December 31 and approximately the first half of
the immediately following January 1. In every odd numbered year,
MOTHER shall have the children during the time periods FATHER had
them the previous year, and \'ise versa. The above holiday schedule
shall take precedence over the provisions of B.2 and B.3 hereof.
Both parents agree that they will be flexible in scheduling all
other holidays, with a decision of where the children will be, made
at least two weeks prior to the holiday.
B.6 OTHER SPECIAL DAYS I I~OTHER shall have the children on
Mother's Day and on MOTHER'S birthday, FATHER shall have the
children on Father's Day and on FATHER'S birthday. The children's
birthdays shall be shared or alternating as the parties may agree.
B.7 OTHER PROVISIONS I Nhen both parents attend an athletic
event in which one child is participating, and the other child is
also present, each of the parents shall have the right to visit
with the non-participating child approximately one-half of the time.
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. .
B.8 USE OF MEDIATION. MOTHER and FATHER further agree that
in the event they are unable to privately resolve any future
disputes concerning their children, they shall seek the services of
a mediator or mental health professional before they seek recourse
from the courts, except in an emergency situation. This
requirement shall consist of one session, with each party paying
one half of the cost of the meeting. Any future meetings
concerning the specific issues shall be mutually agreed upon.
SECTION C.
CHILD SUPPORT
C.l CHILD SUPPORT I FATHER is subject to an Order of COUrt
entered in Cumberland County, Pennsylvania, on May 28, 1996, to No.
500-S-96.
C.2 VERIFICATION OF INCOME. By February 28 of each year,
each party shall submit to the other a copy of all forms W-2, 1099
and K-1 and evidence of any other income (both earned and unearned)
received by that party for the tax year ended December 31 of the
preceding year. The amount of child support paid by the obligated
party shall be adjusted for the prior year based on the support
guidelines then in effect under the Pennsylvania Rules of Civil
Procedure. The adjusting payment shall be made by March 31, and
the parties shall stipulate to a new Order, effective January 1,
based on the prior year income,
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, '
C.3 UNREIMBURSED IIEDICAL EXPENSES FOR CHILD I HUSBAND and
WIFE shall maintain health insurance for their children with any
heal thcare coverage available to ei ther of them through their
employer. Both parties further agree that they will share equally
in any out-of-pocket healthcare premiums or medical expenses that
are not reimbursed by health insurance.
C,4 COLLEGE EDUCATION. The parties shall contribute to the
college education of their children based on their respective
incomes using an analysis and method of calculation substantially
similar to the support guidelines then in effect under the
Pennsylvania Rules of Civil Procedure.
SECTION D.
ALIMONY. ALIMONY PENDENTE & COUNSEL FEES
D,l ALIMONY AND ALIMONY PENDENTE LITEI HUSBAND and WIFE
agree to waive any rights they may have, or at any time hereafter
have againsr the other. for past, present I or future support I
maintenance, alimony, or alimony pendente lite.
D,2 COUNSEL FEES I
counsel fees.
Each party shall pay his or her own
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SECTION E.
EOUITABLE DISTRIBUTION OF PROPERTY
1,1 CONSIDERATIONS FOR EOUITABLE DISTRIBUTION: The parties
have attempted to distribute their marital property in a manner
which conforms to the criteria set forth in Chapter 35 of the
Pennsylvania Divorce Code, and taking into account the relevant
considerations set forth therein.
E,2 MOTOR VEHICLES. With respect to the motor vehicles owned
by one or both of the parties, they agree as follows:
1) The Ford Explorer (titled jointly) shall become the
sole and exclusive property of HUSBAND.
2) The 1994 Lincoln Continental (leased jointly) shall
(subject to lease) become the sole and exclusive property of WIFE,
The title (or lease assignment) to the said motor
vehicles shall be executed by the parties, if appropriate for
effecting transfer as herein provided, on the date of execution of
this Agreement, and said executed title (or lease assignment) shall
be delivered to the proper parties on the distribution date. Each
party agrees to be solely responsible for the amounts presently due
and owing against his or her respect i ve automobile and shall
indemnify the other against any liability either may incur on the
outstanding loan or lease in the other automobile,
E.3 ACCOUNTS AND OTHER INTANGIBLE PERSONAL PROPERTY. The
balance as of the execution date in all accounts and other
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, .
, .
intangible personal property, including but not limited to, (a)
licensing revenues held for HUSBAND's account in the Major League
Baseball Players Association group licensing program, and (b)
Vanguard account in HUSBAND's name, account #165-64-0311 (but
excluding Ford Money Market Account #9070038649 and any checking
accounts in WIFE's name, which are WIFE's property, and any
checking accounts in HUSBAND's name, which are HUSBAND's property),
shall be divided equally between the parties. A copy of a letter
dated May 29, 1996 from the Association to Dennis J, Shatto,
explaining the group licensing program and reflecting the dues
retained for HUSBAND, is attached hereto and made a part hereof.
E,4 DIVISION OF PERSONAL PROPERTY. All items of personal
property have been divided satisfactorily by the parties and
neither shall make any claim to any such property presently in
possession of the other.
Should at any time it become necessary for either party
to execute any titles, deeds or similar documents to give effect to
this paragraph, it shall be done immediately upon request of the
other party.
The division of existing marital property is not intended
by the parties to constitute in any way a sale 01- exchange of
assets; and the division is being effected without the intrOduction
of outside funds or other property not constituting marital
property. The division of property under this Agreement shall he
in full satisfaction of all marital rights of the parties.
- 13 -
Should it become necessary, the parties each agree to
sign any titles or documents necessary to give effect to this
paragraph upon request. The above division of property shall
include any insurance policies covering that property and escrow
accounts relating to that property.
E.5 PENSIONS. WIFE represents that she had no individual
pension rights as of the date of separation. HUSBAND shall be
entitled to retain his pension rights in and through the Major
League Baseball Players Benefit Plan ("HUSBAND's Pension). The
present value of said rights is $171,190.00. HUSBAND shall pay to
WIFE, in cash, the sum of $85,595.00, representing one-half of said
value. Said sum shall be paid as follows:
a) $3,000.00 on the date the decree in divorce is issued;
b) $2,000,00 on October I, 1996;
c) HUSBAND's one-half of the valup. of the Vanguard
account referred to in paragraph E. 3 hereof, by assignment or
transfer by HUSBAND to WIFE of all of HUSBAND's right, title and
interest in and to said account, as soon as possible after this
Agreement is executed;
d) the sum of $2,500.00 on December 1, 1996, June 1, 1997
and on the first day of each succeeding December and June, until
the balance is paid in full. Any payment not made by the due date
shall bear interest at the rate of 18\ per annum until paid;
e) HUSBAND's one-half of the licensing revenues referred
to in paragraph E.3 hereof shall be paid over to WIFE immediately
upon receipt by HUSBAND, and applied against the balance duel
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f) HUSBAND's promise to make the payments set forth in
this paragraph E.S shall be secured by HUSBAND's Pension. HUSBAND
shall execute any and all documents (including, but not limited to,
a Qualified Domestic Relations Order) necessary to secure the
payments. If the full amount has not been paid by the time HUSBAND
reaches age 45, HUSBAND shall take all action and execute all
documents necessary to "retire" for purposes of payment of the
retirement benefits under HUSBAND's Pension, and the entire amount
of all monthly pension benefits shall be paid to WIFE until such
time as the balance due hereunder, together with interest, has been
paid in full;
g) HUSBAND agrees that his timely payments under this
Section E.5 are of paramount importance to the support and well
being of WIFE and the children of the parties. In the event
HUSBAND defaults in any payment, (1) WIFE shall have available to
her all remedies, both legal and equitable, including but not
limited to, the right to accelerate the balance due as of the date
of defaul t I (2) HUSBAND hereby authorizes the Prothonotary or any
attorney licensed in Pennsylvania to appear for and confess
judgment against him for the whole amount then due, waiving stay of
execution, inquisition and all exemption laws, \~ith 15\ added as
attorney' s ~ommission for collection; and (3) HUSBAND agl'ees to an
attachment of his wages or income, in favor of WIFE, until the
balance due is paid in full.
h) HUSBAND agrees to execute and acknowledge any and all
documents reasonably requested or required to protect and secure
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WIFE's rights to all payments referred to in this Section E. 5 .'
E,6 LIFE INSURANCE I HUSBAND shall irrevocably designate the
children, or at WIFE's option, the trustee (other than WIFE) of a
life insurance trust for the benefit of the children, as
beneficiary on the existing life insurance benefit under the Major
League Baseball Players Benefit Plan, and on HUSBAND's existing
policy with State Farm (policy #LF 13204482), and shall do all acts
and things necessary to keep said benefits and insurance in force
at the current level of coverage.
If an irrevocable beneficiary designation cannot be made,
then HUSBAND agrees to designate the children or trustee as
beneficiary as aforesaid, and not to change the beneficiary
designation. HUSBAND shall, promptly upon request, periodically
produce proof that the said benefits and insurance continues in
effect with the children or trustee as beneficiary,
E,7 LIFE INSURANCE - RIGHT TO INSURE, HUSBAND and WIFE agree
that each may obtain and hold a policy or policies of life
insurance on the other party having the face amount of not more
than $250,000, until their children are 21 years of age, the funds
of which shall be to provide for the children of this union should
an untimely death of either party occur. The beneficiary will be
the owner of the policy. HUSBAND and WIFE shall each be solely and
exclusively responsible for all of the payments, premiums and
obligations on the policy, or policies, they hold on the life of
the other. HUSBAlID and WIFE desire that the proceeds be utilized
- 16 -
at the discretion of the owner of the policy primarily for the
shelter, educational and personal needs of their children.
E,S REAL ESTATE I The real property formerly owned by the
parties as tenants by the entireties and situate at 1021 Tiverton
Road, Mechanicsburg, Cumberland County, Pennsylvania, has been sold
and the net proceeds have been distributed equally to the parties.
SECTION p,
MISCELLANEOOS PROVISIONS
P.l INCOME TAX PRIOR RETURNS I The parties have heretofore
filed joint federal and state tax returns, In the event any
deficiency in federal, state or local income tax is proposed, or
any assessment of any such tax is made against either of them, each
will defend, indemnify and hold harmless the other from and against
any loss or liability for any such tax deficiency or assessment and
any interest, penalty and expense incurred in connection therewith.
Such tax, interest, penalty or expense shall be paid solely and
entirely by the individual who is finally determined to be the
cause of the misrepresentations or failures to disclose the nature
and extent of his or her separate income on the aforesaid joint
returns.
P.2 DEPENDENCY EXEMPTIONS FOR INCOME TAXI WIFE shall be
entitled to claim all dependency exemptions for the children for
income tax purposes commencing with the tax year ended December 31,
1996 .
- 17 -
. . I .
SECTION G.
ENFORCEMENT AND STANDARD PROVISIONS
G,l BREACHr It is expressly stipulated that if either party
fails in the due performance of any of his or her material
obligations under this Agreement, the other party shall have the
right, at his or her election, to sue for damages for breach
thereof, to sue for specific performance, or to seek any other
legal remedies as may be available, and the defaulting party shall
pay the reasonable legal fees for any services rendered by the
nondefaulting party's attorney in any action or proceeding to
compel performance hereunder,
G.2 ADDITIONAL DOCUMENTSr 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 further
instruments and/or documents that the other party may reasonably
require for the purpose of giVing full force and effect to the
provisions of this Agreement.
G,3 ENTIRE AGREEMENTr This Agreement constitutes the entire
understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no other
representations, terms, covenants, conditions, agreements or
warranties, express or implied, oral or \~ritten or any nature
whatsoever, other than those expressly set forth herein.
- 18 -
. I ' .
.
, ,
G,4 AGREEMENT BINDING ON HEIRS. The terms, provisions and
conditions of this Agreement shall be binding upon any and all of
the heirs, executors, administrators, successors or assigns of
either of the parties hereto, except as otherwise herein provided.
t,,,....
G,S 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 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.
G,6 APPLICABLE LAWl This Agreement shall be construed under
the laws of the Commonwealth of Pennsylvania and more specifically
under the Divorce Code of 1980 and the amendments thereto.
WHEREFORE, the parties have signed this Agreement with the
intention of being mutually legally bound.
/(1
/L-to, c:W a~
KRISTEN H. ABNER
~
. ABNER
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. . "
, ,
1\IAJOII LEAGl'E
BASEBALl. PLAYEIIS ASSOCIATlO:"
DONAlO 1'01, FIIIR
["n'l\( Olllrlll.
G'''''AlCl1I'",m
El<ltNl D. ORl'
~\W.JlHII GI"Il"~ fill "'It
L'I'RlN R'l'Il
""1\1",,01"'.'1 fnl "II
M'R~ H. OlL'MllR
5'HUl AUIUfolol1
ARlItl'R M SlIl,n
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TllNI DUNAl'RIl
St'IlHt ""1"""'1
DOlL[ R PRIOR
A~U'I"'\1 G."ll"l fnl "II
klllllHTlR
DllllrlUllI1 Lhl'~j'I'
Ma)' 29, 1996
Dennis J, Shallo, Esq,
Cleckner and Fearen
31 North Second Street
P.O. Box 11847
Hnnisburg, PA 17108.1847
~7A FAX (717.238.8481)
OR/GINAL BY MAlL
Re: Shawn W, Abner
Dear Mr. Shallo:
MllTk Belanger hIlS IISkcd me 10 respond to ~'our request for infomlalion about Shal\l1 Abner's participntion in the
MLBPA's group licensing progrnm.
Pursuant to commercial nuthorization ngreements signed b~' Mnjor League players, including Mr. Abner, the Plnyers
Associntion receil'es roynlties from the licensing of products which use the nnmes,likenesses, signntures, elc, of three or
more players, The Associntion retnins those roynhies ns special union dues nnd reports each plnyer's proportionnl shllTe
lIS income to him on IRS Fonn 1099, The Associalion uses these revenues to fund the operntion of the licensing progrnm
(direct expenses) and for certain extrnordinary expenses of the Associalion, such as collectil'e bllTgaining nnd strike.relnted
expenses. the collusion cases, etc. (special dues expenses).
From time to time the Association's Executive Board authorize~ Dnd ciistributes refunds to players of licensing
revenues it deems to be excess IUlion dues. The amounts and timing of such distributions arc entircly within the discretion
of the Executil'e Board, and no player has any right to the dues retnined by the Associntion unless Dnd until the BOllTd
authorizes a dislribution,
The nmolUlt of Mr. Abner's dues relained by the Association for each licensing year in which he participated is ns
follows: 1991 n $17,773.34; 1992 .. $52,585.64; 1993.- $4,339.40.
If you have nn)' queslions or need an)' ndditional infonnation, please Icll11e knoll'.
Sincerely,
~R~
Doyle R. Pf)'or
I~ I AS! ~'llh SIIlIII SI II' \llIlK S\ 1"'11
In. 1:1~1~='I.nMI" 1..\\ 1=1:17(>"'~N
..[~ il
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,
. "
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the ~day of
~
, 1996, before
me, a Notary Public, the undersigned officer, personally appeared
KRISTEN H. ABNER, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the foregoing Property
Settlement Agreement and acknowledged that she executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(JIMIJU K. (/) 12 /4PL-
I Notary PUbl!~-
My Commission Expires:
1/::\:~lISeal
5'1.'''''' K S1,~l.., Nota'Y PIb'4
HL"'!~, DAuphin COunty
MyComn\liionEYp.Itl':Aug 11,1996
"'00<, e''lt)tatW IlI>'lOI
,
. . 'I I
" .
, "
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
On this, the~ay of /h<jh ,'~ ~ , 1996, before
me, a Notary Public, the undersigned officer, personally appeared
SHAWN W. ABNER, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the foregoing Property
Settlement Agreement and acknowledged that he executed the same for
the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
\
, I
,I j/
'--/
My commission
I
,
Expiresl
Notarial Seal
Tracy L, lockhart, Notary Public
Harrisburg, Dauphin Counly
My Commission E'Pllel May 3.1999
.' ,/ PENSION
',':, :'.;,'~ RESOURCES inc.
"
.' I
, "
u(t{/~'nct In Rttrrfmcnt PtJ/1 lA'J~'f1 & Admlnult:lllOll
June 19,1996
Dennis J, Shallo, Esquire
Cleckner and Fear~n
3 I North Second Street
P. 0, Dox 11847
Harnsburg, PA 17108.1847
RE: Sha\.\l1 Abner
Pension Evaluation
Dear Attorney Shatto:
I have reviewed the infonnation provided for the captioned individual. You provided the following
data:
Dale of Birth:
Date ofManiage:
Dale of Separation:
Credited Ser..ice:
Class:
June 1 i, 1966
October 5, 1987
November 1, 1995
4 years, 3 da>'s
VIII
You olso indicated that the entire benefit was earned dunng the marriage. therefore, I have not applied ~.
coverture fraction,
From the matenal, Mr, Abner is eligible to receive the benefit for his class and service under Table 6
(Fixed Benelit) and Table 7 (Van able Benefit), In addition, the vnnable benefit is increased by the
inve~tment growth on the vanable fund, Although NOlmal Retirement i~ age 62, Mr, Abner is eligible
to receive benefits at age 45, therefore, I have valued Mr, Abner's litiltime benefit payable at age 45,55
nnd 6:1.
The plan also provides a survivor's benefit to an inacti\'~ vested participant's spouse (or fornler spouse),
Since it does not appear from the material thattlus survivor benefit reduces Mr, Abner's retirement
benefit, I have included a column showing the value includin!! this additional benefit,
Since I did not have details about the increased benefit due to the variable fund investment growth, I
have provided three sets of values, The first is the benefit from the .1ppropnate tables, assumln!! no
increase in benefits. The second assumes thatlhe variabl~ benefit will increase 3% each year after
retirement. The third set of values assumes that the vanable bene/it on Table 7 is increased 3% lor each
year plior to retirement and for each year after retirement.
EXHIBIT
I II
2040 Ungle.slown ROold, Suite 10J .lIolms urs, ) 541.8510' (717) 541.809J fAX
. . I I. I
. ,
. . ,
Presel/t Vallles. No ;I/crease ;/1 ""r;able /le/lefit
Retirement Fixed Benefit Variable Benefit Total Value With
Age Mo. Ben Present Value Mo, Ben Present Value Value Survivor Ben
45 757 S 55,960 329 S24,320 S80.280 S 86,702
55 1,479 S 55,958 670 S25.349 S81,307 S 91,552
62 2,540 S 55.870 1,200 S26,395 S82,265 S 96,250
Presel/t ""Illes. Post Ret;re",el/t [/I crease ;11 V"r;able Bel/efit (1% Iler I'e"r)
Retirement Fixed Benefit Variable Benefit Total Value With
Age Mo, Ben Present Value Mo, Ben Present Value Value Survivor Ben
45 757 S 55,960 329 S37,250 S93,210 SI00,660
55 1,479 $ 55,958 670 S35.820 S91,778 $102,790
62 2,540 $ 55.870 1,200 S35,135 S91,005 SI06,475
Presel/t Vallles. Pre ,,1/11 Post Ret;reme/lt Il/crea.fl!;1I V"r;"ble /ll!l/dit (J% /ler I'ear)
Retirement Fixed Benefit Variable Benefit Total Value With
Age Mo. Ben Present Value Mo, Ben Present Value Value Survivor Ben
45 757 $ 55,960 512 $57.970 S 113,930 S123,040
55 1.479 $ 55,958 1,400 S75,014 S130,972 S146,680
62 2.540 S 55,870 3,090 S90,450 SI46.320 S171,190
I realize that this is a lot ofinfonnation. however, I felt I needed to present all of the possibilities, If
you have any questions. please do not hesitate to call me,
Sincerely,
OM Gt .
Maureeri8.indsay, CPC.
Presideny' -
'Cbnrad NI. Siegel, Inc.
Actuaries/Benefits
Ctll\rad M. Sltitl. FSA
'/I''1l''II'<lIlc', Jr.1' S.A
1I",n S Sanll, F.S.A
CI)dell OIn,rieh. F..SA,
Il:ul L Mun,men.1l A.
Rllhen J.Il\JI.n. A.S,A.
Il,ud F, S,,,lInl. A,S,A.
Rohen J, Mnuik. F,S.A.
(l",id II. KUlick. FSA.
Jerrre~ S. M)cn. FSA,
Thom;u L.llnll1l(nn~. F,S.A.
Olenn A, /lofer, F.S.A.
K..ln A. IlIb. F.SA
F"'nk S. Rhlld.., F,SA" A CAS.
th..I..II. FriedlAnder. F.S A
lIoU~ A, RII", F,S,A,
John w. J,rrr<~, A,S.A,
llenl.. M. Polin, A.SA
Rlch..d C, Smith. AS.A,
Thorn.. W. R..... A.S,A.
JllI\e1 M, Le)ntelller, CIlOS
5UO ;\atiollwitlr Dri\l'
I~ 0. IIn. :,!lOO
Barri-hurg, 1'.\ 171111.5!1l1O
(717) fi52,5fi3:1
Fax (717) 510.!llllfi
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C.I:.~.::...:,I.0...t;;ln
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June 4, 1998
Donald T. Kissinger, Esquire
Howett, Kissinger & Miles, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Re: Shawn W. Abner
Dear Mr, Kissinger:
Enclosed is a copy of Shawn W. Abner's Statement of Retirement Benefits us of
March 31, 1993. This was provided to me by Angeline Rowan, ofWllliam M, Mercer,
in Cleveland, Ohio.
The total monthly benefit, as shown on Page 2, is the grandfathered
Class VIII benefit. Angeline Rowan has indicated to me that Shawn W. Abner's benefits
are frozen,
The following table shows the present value of the total monthly benefit as indicated on the
Statement of Retirement Benefits as of March 31, 1993.
Retirement Total Monthly Present Value of
Agg Benefit Total Monthly Benefit
45 $ 835,97 $61,799
55 $1,641. 72 $62,114
62 $2,805,5:J $61,709
The present values in the ubovl' table were determined us of June, 1996, bused upon the
assumptions used by Maureen A. Lindsuy in the prepurntion of her June 19, 1996, report.
Specifically, the assumptions are those prolllulguted by the Pension Benefit Guaranty
Corporation for annuity \'uluutions. The interest rale is 0,2';1 per yeur for 20 years,
followed by 4,75% per year, The Illortality is in occonlunce with the 1983 Group Annuity
Mortality Tuble.
EXHIBIT
I G
~ C.OI;;~d ~l. Siegel, Ine.
" ..
, ,
Donald T. Kissinger, Esquire
June 4, 1998
Page 2
Maureen A. Lindsay, in her June 19, 1996, report, made three different sets of calculations.
The first set indicating a totul value of$80,280 for retirement ut uge 45, $81,307 for
retirement at age 55. and $82,265 for retirement ut age 62 is based upon total benefits in
excess of that contained in Shown W, Abner's March 31,1993, Statement of Retirement
Benefits. Thut is the reason why her present values arc higher than the present values
indicated in this letter.
The second set of present ,'alues calculated by Ms. Lindsay, is based upon a
post- retirement increase in the variable benefit of 3% per year. In this case, the total
value indicated in her report. is $93,210 for retirement at age 45, $91,778 for retirement at
age 55. and $91,005 for retirement ut age 62, These figures are higher thun those that I
calculated, primarily because of the following two fuctors:
1. The total monthly benefit is higher than that indicated in Shuwn Abner's
March 31, 1993, Statement of Retirement Benefits.
2. Ms. Lindsay assumed that the ,'nriuble benefit would increase by 3% per year
post-retirement. Clearly, this would prO\'ide a benefit higher than the
grand fathered amount.
Ms. Lindsay did a third set of calculutions based upon u pre, retirement and post-
retirement increase in the variable benefit of 3% per year. In this case, the total value
indicated in her report amounted to $113.930 for retirement at uge 45, $130,972 for
retirement at age 55, and $146,320 for retirement at age 62. These figures are
considerably higher than those which I calculated, primarily because of the following:
1. The total monthly benefit is higher than that indicuted in Mr. Abner's
March 31,1993, Statement of Retirement Benefits.
2. Ms. Lindsay assumed that the variuble benefit would increase by 3% per year,
both pre-retirement and Jlost.retirement. which, by the way, would provide a
total pension for retirement at age 62 of $5,630 ($2,540 + $3,090) per month.
This significantly exceeds the grandfathered umount ut age 62 of $2,805.53.
If you have any questions, plense cnll.
Best regards,
Yours sincerely,
: /';.
. t ;! I ')
Harry M, Leister, Jr., F.S,A.
COIl'ultinll Actuary
HML:jlb
Encl.