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HomeMy WebLinkAbout07-1258 SHARON B. CAMASI, Plaintiff VS. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07- 12 4? CIVIL TERM 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 foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 SHARON B. CAMASI, Plaintiff VS. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07- QbrP CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF 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 counseling 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. 2 SHARON B. CAMASI, Plaintiff VS. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07- /25? CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, SHARON B. CAMASI, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is SHARON B. CAMASI, an adult individual who currently resides at 17 Hillcrest Road, Enola, Cumberland County, Pennsylvania. 2. The Defendant is PETER J. CAMASI, an adult individual who currently resides at 17 Hillcrest Road, Enola, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 3 June 1972 in Conneaut Lake, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I 8. The Plaintiff requests this Court to enter a Decree of Divorce. 3 WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - COUNSEL FEES AND EXPENSES 10. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 11. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 12. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in the litigation of this action. Samuel L. And Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 4 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). DATE: 3 -1- 2 0 0`7 SHARON B. CAMASI 1-1 w -Z ? o a a . 70 s I -? DD Y ? ? - - 'T1 .4 r t ? ? SHARON B. CAMASI, Plaintiff VS. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07- /-Z5P CIVIL TERM IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW, comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and asks the Court for special relief in this matter, based upon the following: 1. The Petitioner herein is the Plaintiff, Sharon B. Camasi (hereinafter "Wife"). The Respondent is the Defendant, Peter J. Camasi (hereinafter "Husband"). 2. The parties were married on 3 June 1972. 3. Several months after the parties' marriage, Husband commenced employment by the Commonwealth of Pennsylvania. He has been employed by the Commonwealth ever since and, as a result, has accrued and earned significant benefits within the Pennsylvania State Employees Retirement System. 4. Husband recently notified Wife that he intends to retire from his employment and commence receiving benefits from SERS. Husband told Wife that he would retire in April. 5. Since Husband communicated the above information to Wife, she has learned that he actually will terminate his employment effective 23 March 2007 and will retire the following day, 24 March 2007. 6. Husband has refused to provide Wife any information about the retirement options he will elect through SERS. Wife believes, however, from some of his statements and actions, that Husband will elect a single life annuity which will deprive her of any benefits following his death. 7. Husband's benefits within SERS are all marital property because they were earned entirely during the marriage. Those benefits constitute, in Wife's opinion, by far the most valuable asset in this case. 8. Although Wife has earned retirement benefits herself through her employment during the marriage, she needs a portion of Husband's retirement benefits to meet her reasonable needs in her old age. 9. If Husband elects a retirement option that does not include a survivor benefit for Wife, she will be deprived of a substantial marital asset and any benefit from that substantial marital asset. As a result, she will suffer irreparable harm because she will not be able to replicate or replace the benefits thus lost. 10. Wife has been advised by representatives of SERS that whatever election Husband makes for his SERS benefits will become effective, final, and irrevocable on 24 March 2007, which is the date his retirement, and the payment of his benefits, will commence. 11. Wife has also been advised by representatives of SERS that Husband may make an election after the date of his retirement in such a fashion that that election will become effective, and date back to, the date of his retirement, even if the election is made after the retirement date. Thus Wife believes that Husband's election of his retirement benefits can be postponed without prejudice or injury to Husband. 12. There has not been any Judge in this Court which has previously signed an order in this or any related case. 13. Because of the urgency of this matter, Plaintiff has not been able to seek or obtain Husband's concurrence in this petition. She has provided a copy of the petition to Husband as promptly as possible and believes that he will oppose the relief she requests. WHEREFORE, Plaintiff prays this Court to take the following actions: A. Enter a preliminary injunction, prior to hearing, prohibiting Husband from selecting any retirement option or from changing the beneficiary designated to receive his death benefits under his SERS account without further order of Court and prohibiting Husband from taking any other action which would result in Wife being deprived of the survivor benefits available under the SERS system; and B. Schedule a hearing on this petition to address the merits of the case and, after such hearing, make the injunction requested above permanent; and C. Take such other action as the Court deems appropriate or necessary to protect the rights of the parties. I S L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 COMMONWEALTH OF PENNSYLVANIA ) ) SS.. COUNTY OF CUMBERLAND ) SHARON B. CAMASI, being duly sworn according to law, deposes and says that the facts set forth in the foregoing Petition for Special Relief are true and correct to the best of her knowledge, information, and belief. SHARON B. CAMASI Sworn to and subscribed before me this -7 day of M an ,,1+ , 2007. Lx.= gn?2 NoNo ry Public film ? «a No?rNn? IPAMY COMMISSIOONa q pXpq FEB. 1. 200 CO. M 1 _ MAR o a 2007,,Pg/ SHARON B. CAMASI, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW PETER J. CAMASI, ) NO. 07- 1.2!; t CIVIL TERM Defendant ) IN DIVORCE ORDER OF COURT AND NOW this day of 14&x' , 2007, upon consideration of the attached Petition for Special Relief, we enter the following order: 1. The Defendant, Peter J. Camasi, is hereby enjoined and prohibited from selecting any retirement option for his retirement benefits within the Pennsylvania State Employees Retirement System or changing the person or persons designated to receive the death benefits under his account within that system pending filrther order of this Court. 2. A is hereby scheduled, before the undersigned, to be held in Court Room No. Of the Cumberland County Court House in Carlisle, Pennsylvania, commencing at o'clock t .m., on (0) , the day of /M , 2007. thin IJ WTI 3. Plaintiff shall post a bond in the amount 4. Plaintiffs counsel shall serve a copy of this order upon the legal office of the Pennsylvania State Employees Retirement System, at 30 North 3`d Street in Harrisburg, Pennsylvania, promptly upon the entry of the order. J. DISTRIBUTION: Samuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 G v" ?4 ?tiL y Peter J. Camasi, pro se, 17 Hillcrest Road, Enola, PA 17025- y, ® .3 og• a7 4 1°? 1, i I t _:??t 1'J 7, S : I i H,"1 - di`J '1 tool S -% SHARON B. CAMASI, Plaintiff VS. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07- 1258 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW this' , day of March, 2007, Jordan D. Cunningham, Esquire, having been retained by the Defendant, Peter J. Camasi, and the parties desiring to have additional time to negotiate a resolution of this matter without litigation, we hereby order and decree as follows: 1. Our previous order in this matter, entered on March 8, 2007, which prohibits the Defendant from making any selection of his retirement options with the Commonwealth of Pennsylvania's State Employee Retirement System, shall remain in full force and effect. 2. The conference scheduled with the undersigned for 1:30 p.m. on Wednesday, March 14, 2007, is hereby continued generally. 3. Counsel for both parties are to report back to the Court no later than May 15, 2007, on their progress in resolving this matter by agreement. In the event that the matter has not been resolved by that time, we will schedule further proceedings so that the matter can be resolved within ninety days of the Defendant's anticipated retirement date of March J. DISTRIBUTION: amuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 ?dordan D. Cunningham, Attorney for Defendant, 2320 N. 2°" Street, Harrisburg, PA 17110 J; lx S :6 [ VJ $i ! F, 1A l u? ;i -' ',.1_: X14 MAILING ADDRESS: P. O. BOX 168 LEMOYNE, PA 17043.0168 E-MAIL: LawAndcspaol.com SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET P. O. BOX 168 LEMOYNE, PENNSYLVANIA 17043 12 March 2007 The Honorable Edward E. Guido Judge of the Court of Common Pleas Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 RE: Sharon B. Camasi vs. Peter J. Camasi No. 07-1258 Civil Tenn Dear Judge Guido: TELEPHONE (717) 761-5361 FAX (717) 761-1435 I filed a Petition for Special Relief in the above case last week requesting that the Court prevent Mr. Camasi from making any election under his pension with the Commonwealth of Pennsylvania. You entered an order granting that relief on a temporary basis and scheduled a conference for Wednesday, 14 March 2007. Peter Camasi has retained Jordan Cunningham, Esquire, to represent him in this matter. Mr. Cunningham and I have agreed to request that the conference in the matter be postponed to give us an opportunity to exchange information and attempt to resolve this by agreement. Accordingly, I write to request that you enter the attached order in this case. I have asked Jordan to send you a letter directly to express his satisfaction with this arrangement. Hopefully you will receive that letter, perhaps by fax, by Wednesday morning at the latest. If, after receiving that, you have any questions or any hesitancy in entering the attached order, please contact my office directly. Sincerely, Z, A&Ce le Enclosure Samuel L. Andes cc: Jordan D. Cunningham, Esquire SHERIFF'S RETURN - REGULAR CASE NO: 2007-01258 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CAMASI SHARON B VS CAMASI PETER J RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon CAMASI PETER J the DEFENDANT , at 2046:00 HOURS, on the 13th day of March 2007 at 17 HILLCREST ROAD ENOLA, PA 17025 by handing to PETER J CAMASI a true and attested copy of COMPLAINT - DIVORCE together with PETITION FOR SPECIAL RELIEF, ORDER OF COURT and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 13.44 Postage .39 ?-? Surcharge 10.00 R. Thomas Kline 00 . 41.83 03/14/2007 00 SAMUEL ANDES Sworn and Subscibed to A;Aol By: before me this day Deputy Sheriff of A.D. SHARON B. CAMASI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 07-1258 CIVIL TERM PETER J. CAMASI, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, thQ0 day of June, 2007, upon consideration of the attached Stipulation, the following Order is entered: 1. The Order entered March 8, 2007 is hereby terminated. 2. Defendant, Peter J. Camasi, is hereby directed that he select the retirement option for his retirement system benefit with the Pennsylvania State Employees Retirement System as Option No. 3, that is the option which provides a fifty percent (50%) survivor annuitant benefit with fifty percent (50%) of the monthly benefit being paid to Plaintiff, Sharon B. Camasi, upon Defendant's death. 1 Moreover, Defendant, Peter J. Camasi, is to direct the Pennsylvania State Employees Retirement System to: a. One hundred percent (100%) of the non-taxable contributions equaling $6,717.50, payable to Peter J. Camasi; b. Forty-six point five percent (46.5%) of the contributions equaling $44,997.05, payable to Peter J. Camasi; and C. Fifty-three point five percent (53.5%) of the contributions equaling $51,714.56 payable to Sharon B. Camasi. 4. The parties shall present to this Court a proposed Qualified Domestic Relations Order with regard to the lump sum distribution set forth above for its execution and consideration within a seasonable period of time. 5. Further, Defendant, Peter J. Camasi, is directed to appoint himself as the recipient of one hundred percent (100%) of the Pennsylvania State Employees Retirement System monthly annuity payments, such distribution of annuity payments is potentially subject to a subsequent Qualified Domestic Relations Order. 6. The parties' counsel shall serve a copy of this Order upon the Legal Office of the Pennsylvania State Employees Retirement System, 30 North Third Street, Harrisburg, Pennsylvania. 7. The entire monthly annuity benefit from the Pennsylvania State Employees Retirement System shall be paid to Defendant, Peter J. Camasi, however, said distribution of the payments to be subject to a subsequent Qualified Domestic Relations Order. 2 8. The parties shall promptly list the former marital residence known and numbered as 17 Hillcrest Road, Enola, Cumberland County, Pennsylvania with a realtor to be designated upon the mutual agreement of the parties. The parties agree they shall either divide the net proceeds by agreement or, in the absence of an agreement, place the proceeds in an interest bearing escrow account to be held until the parties agree or the Court Orders the distribution of those proceeds. 9. The parties stipulate that the distributions directed by this Stipulation are made without prejudice to either party and is not intended to represent either parties' position with regard to the final equitable distribution of martial assets. 10. Both parties shall execute Affidavits of Consent and docket the Affidavits with the Prothonotary. The parties agree they shall not later attempt to withdraw their consent. 11. It is hereby Ordered by this Court that, upon request of either party, this matter can be referred to the Master for hearing and disposition within thirty (30) days after the request is made. J. DISTRIBJ,JTION: amuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 rdan D. Cunningham, Attorney for Defendant, P.O. Box 60457, Harrisburg, PA 17106-0457 ?Derego, Esquire, Legal Office, State Employees Retirement System, 30 North Third Street, Suite 150, Harrisburg, PA 17101-1716 4 k'aP`..1'GFrI s, IN?-1 S C .C Hd 92 HN LOOZ MVIONi (14?f-101cld "INI ?1?'aC--0:nUr SHARON B. CAMASI, Plaintiff VS. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1258 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 8 March 2007 and it was served on 13 March 2007 upon Defendant. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. jp? .? Date SHARON B. CAMASI ? ?7 -? 1 n ?; -? ', ?f ?? t?t ...!, SHARON B. CAMASI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 07-1258 CIVIL TERM PETER J. CAMASI, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on or about March 8, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Dated: 6b 7 10 7 Peter J. Camasi CERTIFICATE OF SERVICE I do hereby state that on the day of August, 2007, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 1211` Street P.O. Box 168 Lemoyne, PA 17043 I(() Ur., ?-- -- e a L. Hewitt Legal Secretary G ., cft.; C C-- TI c-n -?K SHARON B. CAMASI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. . DOCKET NO. 07-1258 CIVIL TERM PETER J. CAMASI, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §330t(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is finalized. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: ts 131 lol r- .-y", Peter J. Camasi CERTIFICATE OF SERVICE I do hereby state that on the?pday of August, 2007, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12" Street P.O. Box 168 Lemoyne, PA 17043 Ange a L. Hewitt Legal Secretary C c, _. rso cn CO SHARON B. CAMASI, Plaintiff V. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 07-1258 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, PETER J. CAMASI, being duly sworn according to law, depose and say: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. - C. DETER JzMASI SWORN to and,Subscribed to be re me thi day of JAM J , 2007. COMMO„I;AlTM HoTV s ? Nab bP(ablic em Pubic 16 tomeiAHEWI11)Dm\A-ocAMAsAAFFTDAVTTs & wAIVERs.wpd C??fl Enkes ilamn . Zt1. L{/j j CERTIFICATE OF SERVICE I do hereby state that on the day of August, 2007, I served a true and correct copy of the foregoing in the captioned matter, by placing the same in the United States mail, first-class, postage prepaid, in Harrisburg, Pennsylvania, addressed to: Samuel L. Andes, Esquire 525 North 12'' Street P.O. Box 168 Lemoyne, PA 17043 Ap4eV L. m; Legal Secretary C> rxr rt? ? .-? rr1 . N Co } -rs Commonwealth of Pennsylvania County of Cumberland, so; AMM [ b `} ) i +1 PlairkifP ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2007-1258 CIVIL TERM Motion for Appointment of Master SHARON B. CAMASI, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (xxx ) Distribution of Property ( ) support (xxx) Counsel Fees (xxx) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, 7ordan D. Cunninosm. 3. The statutory ground(s) for divorce Is/are: 3301 <<?> Cc-ows..,.," - 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the following claims: (xxx) The action is contested with respect to the following claims: equitable distribution and counsel fees and expenses. 5. The action does involve complex issues of law or fact. 6. The hearing Is expected to take 1 day. 7. Additional information, if any, relevant to the motion: 22 2CZ-i ft_ ?bML_' SQ0=Vn= L. A s Date Attorney for Plaintiff AND NOW, 2007, , Esquire, is appointed Master with respect to the following claims: divorce, distribution of property, counsel fees, costs and expenses. BY THE COURT, ). } ._ ? S. fie;: ,, ? ,. ,, + H C,.. k V INA ? , ; Plalnb f . CA114m, Defendant Commonwealth of Pennsylvania SEP 17 201 County of Cumberland, sse In the Court of Common Pleas of Cumberland County, Pennsylvania ) No. 2007-1258 CIVIL TERM J Motion for Appointment of Master SHAItON S. CAMASI, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite and in support of the motion states: (xxx ) Distribution of Property ( ) Support (xxx) Counsel Fees (xxx) Costs and Expenses 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, 3ordan D. Cunningham. 3. The statutory ground(s) for divorce Is/are: 225501 65? CCU. 4 .1 _ 4. Check the applicable paragraph(s). ( ) The action is not contested. ( ) An agreement has been reached with respect to the foNowing claims: (xxx) The action is contested with respect to the following claims: equitable distribution and counsel fees and expenses. 5. The action does involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: I a ??gLa 22 Date 9bfULN L. A RAs Attorney for PlaMtiff AND NOW, 17 2007, ? O' 5e uire, is appointed Master th rpect to the following claims: divorce, distribution of property, counsel fees, costs and expenses. BY E CO R v? J. ., ?. ?,q..p. FEB 0 7 200PA' V COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sharon B. Camasi CIVIL ACTION - LAW Plaintiff VS. IN DIVORCE Peter J. Camasi NO. 07-1258 Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" - odd AND NOW, this ! ?_ day of , the parties, Sharon B. Camasi, Plaintiff, and Peter J. Camasi, Defendant, do hereby Agree and Stipulate as follows: 1. The Defendant, Peter J. Camasi (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth is February 22, 1947, and his Social Security number is 193-38-3692. 4. The Plaintiff, Sharon B. Camasi (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is November 25, 1952, and her Social Security number is 169-44-4889. 5. Member's last known mailing address is: 17 Hillcrest Road Enola, PA 17025 6. Alternate Payee's current mailing address is: 410 Pebble Beach Drive Mt. Wolfe, PA 17347 DRO Page 2 It is the responsibility of Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The portion of the Member's benefit allocation to the Alternate Payee is 50% of the Member's total accumulated deductions on the effective date of his retirement. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by SERS as a result of a disability which occurs before Member's marriage to Alternate Payee or after death of Member's and Alternate Payee's final separation. Member's retirement benefit does not include any deferred compensation benefits paid to, Member by SERS or any enhancements to the Member's retirement benefit arising from post separation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible on or about the date Member actually enters pay status and SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. The term and accounts of Member's retirement benefits payable to the Alternate Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which options Member selects upon retirement. Member and Alternate Payee expressly agree that at the time Member files an Application for Retirement allowance with SERS: Member shall elect to take a lump sum withdrawal of all of his accumulated deductions. The Alternate Payee shall be paid 50% of the Member's total accumulated deductions and her shares of such deductions shall not include any non-taxable contributions. The Member's 50% share of the total accumulated deductions shall include any non-taxable contributions. The total accumulated deductions is defined as the sum of the Member's taxable and non-taxable contributions plus credited statutory interest. DRO Page 3 This Order relates to the distribution of the Member's accumulated deductions. Member and Alternate Payee acknowledge that Member's benefit option elections are final, binding, and irrevocable and that Sharon B. Camasi cannot be removed as Member's survivor annuitant unless she predeceases Member or Member is awarded a divorce or becomes married subsequent to the election of this option. The parties also acknowledge that the Alternate Payee may be awarded a portion of the Option 3 annuity payable to the Member during his lifetime via an amendment to this Domestic Relations Order. 10. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 11. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from SERS under this Order, any death benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to Alternate Payee's estate. 12. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P. S. §1311, et seq. 13. It is specifically intended and agreed by the parties hereto that this Order: (a). Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b). Does not require SERS to provide increased benefits (determined on the basis of actuarial values) unless increased benefits are paid to Member based upon cost of living adjustments or increases based on other than actuarial values. DRO Page 4 14. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon PSERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. f" ?2 rc,?v /Z / 1 ? Dd CONSENTED TO: Plaintiff/Alternate Payee '?Eey for ' ntiff/Alternate Payee BY TH OURT Defendant/Participant S3 ?/ •? ?fff T3 kit 8 9 :11 A 1 1 83.E BOOZ ?tlvi'?ir aci ;1-51. ?0 30114CHOTH SHARON B. CAMASI, Plaintiff VS. PETER J. CAMASI, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 1258 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this O)O n day of 2008, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated October 14, 2008, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Samuel L. Andes Attorney for Plaintiff -' Jordan D. Cunningham Attorney for Defendant 0-co t Q.S rnV t CSCL I %zl o 0 BY THE COURT, Q"' v? Edgar B. Bayley, P.J. VINVAIASNN]d lo) 90.1 WJ ZZ IOO BOOZ Auvi JNv.-lic6d 3HI J0 301:1?0--0911J PROPERTY SETT EMENT AGREEMENT THIS AGREEMENT, made this day of , 2008, is by and between: PETER J. CAMASI of Enola, Pennsylvania, hereinafter referred to as "Husband"; and SHARON B. CAMASI of Mt. Wolf, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on 3 June 1972 and are the parents of two adult children who are not the subject of or otherwise involved in this agreement; WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action in divorce filed to No. 2007-1258 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Samuel L. Andes, Esquire, and Husband by Jordan D. Cunningham, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. HUSBAND'S BENEFITS IN THE PENNSYLVANIA STATE EMPLOYEES RETIREMENT SYSTEM. The parties acknowledge that, by virtue of his service during the marriage as an employee of the Commonwealth of Pennsylvania, Husband has accrued certain benefits within the State Employees Retirement System ("SERS") and that the parties made a partial distribution or division of those benefits by a Domestic Relations Order entered in the divorce action and dated 11 February 2008. That order divided Husband's contributions and interests in SERS between the parties but did not divide the balance of his benefits. The parties agree that they shall amend that Domestic Relations Order and replace it with one that provides as follows: A. The prior division and distribution of Husband's contributions, and the accumulated interest on those contributions shall be ratified. -1- B. Husband shall elect, and Wife shall be awarded by the order, a fifty (50%) percent survivor's annuity so that, following Husband's death, she receives a monthly annuity equal to fifty (50%) percent of the annuity to which Husband was entitled during his lifetime, before any reduction to that annuity for the survivor's annuity, income taxes, or the like. C. Award to Wife Six and 32/100 (6.32%) percent of Husband's gross monthly annuity from SERS, before any reduction in that annuity for survivor's benefits, taxes, or other charges (which is currently Two Thousand Eight Hundred Forty ($2,840.00) Dollars per month), and apply to any future cost of living or other increases or modifications of the pension amount. The parties shall engage the firm of Conrad M. Siegel, Actuaries, to prepare an appropriate Domestic Relations Order, shall cooperate with representatives of that company and with their counsel to obtain the prompt entry and implementation of that order, and shall share equally the costs of Siegel's fees. Provided, however, that the payment to Wife of her portion of Husband's monthly annuity payment, in accordance with sub-paragraph C hereof, shall take effect on 1 November 2008. In the event that the Domestic Relations Order has not been entered or implemented by that date, Husband shall make payment to Wife, by check, an amount equal to 6.32 percent of his gross monthly annuity. That payment shall be made on or before the tenth day of each month and shall continue until the implementation of the Domestic Relations Order and the payments being made directly to Wife under that order. 2. PROCEEDS OF SALE OF RESIDENCE. The parties acknowledge that, after their separation and by their mutual agreement, they sold the former marital residence at 17 Hillcrest Road in Enola, Pennsylvania and distributed a portion of the proceeds to the parties. They further acknowledge that the balance of the proceeds of the sale of the residence were placed in an interest-bearing escrow account held by Wife's attorney, that prior distributions from that account have been made, with the consent of both parties, and applied to pay various marital debts, and that the funds remaining in the escrow account at this time are approximately Twenty-One Thousand Eight Hundred Eighty-Six ($21,886.00) Dollars. The parties agree that the remaining funds in that escrow account shall be distributed and paid to Wife as part of the equitable distribution of the marital assets. They further acknowledge that they have agreed to distribute the funds to Wife after considering and agreeing upon the distribution and payment of certain marital debts as listed later in this Agreement. 3. ROLLOVER FROM HUSBAND'S AMERICAN FUNDS IRA. The parties acknowledge that Husband has an Individual Retirement Account with American Funds (identified as account #82296986) which contains his portion of the distribution of his contributions to the SERS pension. As -2- part of the equitable distribution of the parties' marital property, Husband shall transfer from that IRA, by a tax-free rollover transfer, and into a tax-deferred account held by Wife, of the sum of Five Thousand ($5,000.00) Dollars. If a Qualified Domestic Relations Order or any other order of court or any other documentation, is required to make that transfer, Husband shall be responsible to prepare and obtain such order or documentation at his sole expense. The rollover transfer will be made within thirty days of the date of this Agreement and, after such transfer, Husband shall remain the sole and exclusive owner of the balance of that account, free of any further claim by Wife. 4. ASSETS TO BE TRANSFERRED TO OR RETAINED BY HUSBAND. The parties agree that Husband shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Husband's account within the Commonwealth of Pennsylvania deferred compensation program, which the parties agree has a value of approximately Six Hundred Sixty ($660.00) Dollars. B. Accrued sick, annual and other leave paid to Husband at the time of his retirement from the Commonwealth of Pennsylvania which the parties agree has a value, net of income taxes, of approximately Twenty-Four Thousand Eight Hundred ($24,800.00) Dollars. C. The portion of his voluntary contributions, with interest, previously distributed to him from SERS as a result of the prior Qualified Domestic Relations Order, which had a value of approximately Fifty Thousand Six Hundred Sixty ($50,660.00) Dollars. D. The balance of his annuity from SERS after the implementation of the Domestic Relations Order required by Paragraph 1 hereof. E. Husband's shares of stock in Metropolitian Life Insurance Company which the parties agree have a value of approximately Five Thousand One Hundred ($5,100.00) Dollars. F. Husband's two policies of insurance issued by Metropolitan Life Insurance Company which the parties agree have a value of approximately Eleven Thousand One Hundred Fifty ($11,150.00) Dollars. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Husband's name alone and for Wife to waive any further claim to or interest in such assets and Wife does hereby acknowledge those assets to be the sole and separate property of Husband from and after the date of this agreement. -3- 5. ASSETS TO BE TRANSFERRED TO OR RETAINED BY WIFE. The parties agree that Wife shall be the sole and separate owner of the following assets, whether those assets are now held in joint names or the name of either of the parties individually: A. Wife's portion of Husband's voluntary contributions and accrued interest within SERS previously distributed to her pursuant to the Domestic Relations Order previously entered in this matter. B. The portion of Husband's SERS annuity and the survivor's annuity to be awarded to her pursuant to the Domestic Relations Order required by Paragraph 1 hereof. C. Her pension benefits with Pinnacle Health, both her voluntary contributions and the defined benefit portion of the pension, which the parties agree have a value at this time of approximately One Hundred Seventeen Thousand Three Hundred ($117,300.00) Dollars. D. Her annuity with Metropolitan Life Insurance which the parties agree has a value of approximately Thirty-Seven Thousand Four Hundred Fifty ($37,450.00) Dollars. E. Her account within the Pinnacle Health 403 (b) Plan which the parties agree has a value of approximately One Hundred Thirty-Four Thousand Eight Hundred Sixty ($134,860.00) Dollars. F. Her individual retirement account with Smith Barney which has a value of approximately Five Thousand ($5,000.00). Dollars. The parties agree that they will make, execute, acknowledge and deliver, within thirty (30) days after the date of this agreement, all documents necessary to transfer such items to Wife's name alone and for Husband to waive any further claim to or interest in such assets and Husband does hereby acknowledge those assets to be the sole and separate property of Wife from and after the date of this agreement. 6. CASH PAYMENT. As part of the equitable distribution of the marital property, Husband shall pay to Wife the sum of Sixteen Thousand Two Hundred Forty-Nine ($16,249.00) Dollars, the first half of which will be paid within forty-five (45) days of the date of this agreement with the balance paid no later than 15 January 2009. 7. PERSONAL PROPERTY. The parties own jointly two mausoleum vaults at Rolling Green Cemetery. They will both cooperate to return those vaults to Rolling Green and will share equally the credit they receive as a result of such return. Otherwise, the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her -4- r possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 8. DEBTS. The parties shall pay and satisfy, in accordance with their terms, the following marital debts: A. Debts to be paid by Husband: (1) Husband's Home Depot credit account; (2) Husband's PSECU VISA account; (3) Husband's Boscov's charge account; (4) Husband's debt to Keystone Hearing Institute. B. Debts to be paid by Wife: (1) AES educational loan for parties' son; (2) M & T Bank VISA account; (3) Carnival Cruise lines / Barclays credit card balance; (4) Belco Credit Union debt. Each of the parties represents to the other that the above debts are either held solely in the name of the party responsible to pay the debt under this Paragraph or that such debt, if joint, will be paid and satisfied within thirty (30) days of the date of this Agreement. Otherwise, the parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 9. WAIVER OF FURTHER EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release -5- and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 10. WAIVER OF ALIMONY SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 11. WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so. Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties. 12. WAIVER OF PROPERTY CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a -6- result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 13. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 14. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decide not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owned by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. -7- I S. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 16. RELEASE. Each party does hereby waive, relinquish, and release any claim they have against the other for bank accounts, stocks, bonds, and other and similar investment assets which are now owned by or in possession of the other, regardless of whether such assets were owned by the parties jointly or separately prior to the date of this agreement. Each party hereto does hereby waive and release any claim they may have under the laws of the Commonwealth of Pennsylvania for the equitable distribution or the other division of such assets or any claim to them as marital property. 17. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. 18. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 19. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. W' ess PETER J. AMASI SHARON B. CAMASI -8- COMMONWEALTH OF PENNSYLVANIA ?aUU h ss.. COUNTY OF ) On this, the day of 2008, before me, the undersigned officer, personally appeared PETER J. CAMASI known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My ommission Expir : F ovi"NO roft 11 mok" Jun n. Sol 1 COMMONWEALTH OF PENNSYLVANIA ) ( SS.: COUNTY OF CUMBERLAND ) On this, the 14 4,t, day of O L'Tb 9 eR , 2008, before me, the undersigned officer, personally appeared SHARON B. CAMASI known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1 My Commigsion Expires: -9- JAM' JAWAVW MV M AMU *Nd#A rwikNl iOt ett Mit 02 ym 406 ' w,??:, J, W3 SHARON B. CAMASI, Plaintiff VS. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-1258 CIVIL TERM 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). 2. Date and manner of service of the Complaint: Acceptance of Service indicating service on the Defendant on 13 March 2007. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 17 August 2007 by Defendant: 28 August 2007 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 17 August 2007 and filed on 17 August 2007. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated 28 August 2007 and filed on 28 August 2007.4 1? --- - Date: 2R ljvme ue L. AQ?sJ Attorney for Plaintiff OF THE PR0TPfY%K?T`ARY 2009 JUN 29 AM 10: 1 a CUM6?r,i, ti' ; ; l li fl` PENNSYLVANIA r SHARON B. CAMASI, Plaintiff vs. PETER J. CAMASI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1258 IN DIVORCE MOTION FOR ENTRY OF AMENDED DOMESTIC RELATIONS ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court for the entry of an amended Domestic Relations Order in the above case. The said order, which is attached to this Motion, is necessary to implement the final settlement between the parties. Both parties concur in the request for the entry of the order. Prior orders in this matter were entered by the Honorable Edward E. Guido. 18 June 2009 Sa 'iiiIL. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing document upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: Jordan D. Cunningham, Esquire 2320 North 2°d Street Harrisburg, PA 17110 Date: 18 June 2009 Amy . Harkins Secretary for Samuel L. Andes OF THE PFOT'K? I IOTARY ZH9 JUN 29 AM 10: 17 CUMB K° ? ;t??UNT4' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON B. CAMASI, V. PETER J. CAMASI, : NO. 2007-1258 CIVIL TERM DIVORCE DECREE AND NOW, wvw.. , it is ordered and decreed that SHARON B. CAMASI, plaintiff, and PETER J. CAMASI, , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None • Attest: J. A--, *rottrothonotary 0 A, JUN 3 p 2009, SHARON B. CAMASI, Plaintiff vs. PETER J. CAMASI, Defendant 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1258 IN DIVORCE MOTION FOR ENTRY OF AMENDED DOMESTIC RELATIONS ORDER AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court for the entry of an amended Domestic Relations Order in the above case. The said order, which is attached to this Motion, is necessary to implement the final settlement between the parties. Both parties concur in the request for the entry of the order. Prior orders in this matter were entered by the Honorable Edward E. Guido. 18 June 2009 Samuel L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 4. 07 2D93 J UL - i Ali 11. 1'3 CUttz'4;?' r ItJ?i I 1 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Sharon B. Camasi CIVIL ACTION - LAW Plaintiff IN DIVORCE VS. Peter J. Camasi NO. 07-1258 Defendant AMENDMENT TO STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" The Stipulation for Entry of "Domestic Relations Order" signed on February 11, 2008, is hereby amended as follows: Paragraph 7 is hereby amended by the addition of the following: The Alternate Payee's share of the Member's retirement benefit; is 6.32% of the gross monthly annuity payments made to or on behalf of the Member, together with the survivor benefit payable by SERS upon the death of the Member pursuant to Option 3. Paragraph 9 is hereby amended by the addition of the following: The Member and Alternate Payee acknowledge that the Member is retired and elected to receive an annuity pursuant to the terms of Option 3. The Member agrees to retain the Alternate Payee as his survivor annuitant and hereby waives the right to select a new survivor annuitant by reason of his divorce. The Member and Alternate Payee further acknowledge that if the Member predeceases the Alternate Payee, the Alternate Payee will receive the survivor annuity payable under Option 3, which may result in the Alternate Payee: receiving a monthly payment larger than the amount of the Member's annuity she received during the Member's lifetime. 1 Page2 WHEREFORE, the parties, intending to be legally bound by the terms of this Amended Stipulation and Agreement, do hereunto place their hands and seals. Ordered this A CONSENTED TO: day o 200 ` Plaintiff/Alternate Payee ey for Plai tiff/Alternate Payee Judge Defendant/Par ipant' THE 24G9 JbI" - I Ai'i I I: 1 i ri y