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HomeMy WebLinkAbout07-1466SHERRI M. YESCONIS, Plaintiff vs. STEVEN M. YESCONIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2007- 144A- CIVIL TERM 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, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE 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, PENNSYLVAN 17013 AX J. SMITH, ., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 SHERRI M. YESCONIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007- 14L6 CIVIL TERM STEVEN M. YESCONIS, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, SHERRI M. YESCONIS, by her attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, SHERRI M. YESCONIS, is an adult individual and citizen of the United States of America, who resides at 101 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant, STEVEN M. YESCONIS, is an adult individual and citizen of the United States of America, who resides at 704 W. Main Street, Palmyra, Lebanon County, Pennsylvania 17078. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about September 3, 1988, in New Cumberland, Pennsylvania. 5. Plaintiff avers that there are two (2) children of the parties under the age of 18, namely: CAMERON J. YESCONIS, born August 28, 1992 and CAULIN M. YESCONIS, born October 3, 1994. 6. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 7. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 9. Plaintiff avers that the marriage is irretrievably broken, pursuant to Section 3301(c) of The Pennsylvania Divorce Code Act 206 of 1990. 10. Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, pursuant to Section 3301(a)(6) of The Pennsylvania Divorce Code Act 206 of 1990. 11. This action is not collusive. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 12. Paragraphs one (1) through eleven (11) are incorporated herein by reference as though set forth in full. 13. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property". 14. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property". 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY 16. Paragraphs one (1) through fifteen (15) are incorporated herein by reference as though set forth in full. 17. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 18. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV - ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 19. Paragraphs one (1) through eighteen (18) are incorporated herein by reference as though set forth in full. 20. Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without funds to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff requests the Court to enter an Order requiring Defendant to pay Plaintiff alimony pendente lite, counsel fees and expenses of the litigation. Respectfully submitted, Date: March 14, 2007 )AX MAX J. SMIT JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Complaint are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Q V k V O C C,i 1 (ki r? *ZD ?_ r SHERRI M. YESCONIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2007-1466 CIVIL TERM STEVEN M. YESCONIS, CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 16th day of March, 2007, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Complaint in Divorce by depositing a certified copy of the same in the United States mail, postage prepaid, certified mail #7006 2150 0004 2693 0296 at Hershey, Pennsylvania, addressed to: Steven M. Yesconis 704 W. Main Street New Cumberland, PA 17070-1512 Mailing and return receipt cards attached hereto. /I) A-m"X) MAX J. SMITH, JR., EWuire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 C O ,. © m ra 4 C -4 C3i ' i -M ir ru' OFFICIAL USE m .a Postage s ru Certified Fee v arI e O Retum Reoel? Fee W doraemenl Required) S C] C Rntft d DOWNY Fee (Endorsement Required) tJ1 A Totes Postage & Fees s ru o o t To -'?-- ?- -- - '?A - .. .. orPO: ? :``? ox No. B - n-- z tz Cu n?lc?c.-1 1, `to nolo - ? A V .: SHERRI M. YESCONIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-1466 CIVIL TERM STEVEN M. YESCONIS, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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 unworn falsification to authorities. Date: November, 2007 ly? SHERRI M. YESCO l? 4 SHERRI M. YESCONIS, Plaintiff VS. STEVEN M. YESCONIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1466 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: November V:? , 2007 SHERRI M. YESCO c-,:o i -rs Y cn .4ft SHERRI M. YESCONIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 2007-1466 CIVIL TERM STEVEN M. YESCONIS, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 14, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since 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. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. 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 unworn falsification to authorities. Date: November 2.3 , 2007 ?S!l )\, =g- STEVEN M. YESC S C1 ? C? CD "of? ti u l .. SHERRI M. YESCONIS, Plaintiff VS. STEVEN M. YESCONIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1466 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 0301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: November 2.3 , 2007 STEVEN M. YESCO ?? ? p ;-- ?? _ ?, -n .?, - ?' r _ ?7''? i,.... irYJ •• 1 ? 1..: r..,\ ?.?i 1' ? _^. .. ?? _? '--?< Yn MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made this 2 3 rjday of ,1 , 2007, by and between STEVEN M. YESCONIS, now of 704 West Main Street, Palmyra, Lebanon County, Pennsylvania 17078, hereinafter referred to as "Husband", -AND- SHERRI M. YESCONIS, 101 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17010, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 3,1988; and WHEREAS, two (2) children were born of the parties, being Cameron J. Yesconis, born August 28, 1992, now 15 years of age, and Caulin M. Yesconis, born October 3, 1994, now 13 years of age; and WHEREAS, diverse unhappy marital difficulties have arisen between the parties causing them to believe that their marriage is irretrievably broken, as a result of which they now live separate and apart from one another, the parties being estranged due to such marital difficulties; and WHEREAS, on or about March 14, 2007, Wife initiated a divorce action before the Cumberland County Court of Common Pleas, now pending to number 2007-1466, and a Petition for Support which resulted in a Final Order dated April 30, 2007 to Cumberland County Docket Number 0025-5-2007, PACSES Number 187109034; and WHEREAS, the parties hereto are desirous of compromising and settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership of real and personal property; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estate, particularly those responsibilities and rights growing out of the marriage relationship, inter alia past, present or future spousal support or maintenance, alimony pendente lite, alimony, counsel fees and expenses, and equitable distribution, whether or not the parties reside together; and WHEREAS, the parties have made full disclosure to each other of their assets and liabilities and have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties intend this Agreement to be a full and complete Marriage Settlement Agreement, providing for the absolute a nd final settlement of all their respective marital and property and all other claims. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. SEPARATION. It shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or control 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 endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. The foregoing provision shall not be an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their separation. A reconciliation will not void the provisions of this agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 2. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. Transfer of property, funds and/or documents shall occur on the effective date unless otherwise specified herein. 3. AGREEMENT NOT A BAR TO DIVORCE. This Agreement shall not be considered to affect or bar the right of either party to a divorce on lawful grounds as may be now or hereafter available to either party. This Agreement is not intended to be and shall not be a condemnation on the part of either party of any act or acts of either party hereto. Both parties hereto agree that the marriage is irretrievably broken and agree at the time of execution hereof to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. Each parry waives the right to request Court ordered counseling. 4. DEBTS AND OBLIGATIONS. Each party hereto represents and warrants that he or she has not, and in the future will not, contract or incur any debt, obligation or liability for which the other party or his or her estate may be responsible or liable, except as provided for in this Agreement. Each party hereto agrees to be solely responsible for the prompt and timely payment of the debts identified to be paid by him or her. The parties acknowledge that there is currently a mortgage on the marital property 101 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania 17010 (Marital Residence), in which Wife currently resides. Husband and Wife agree that, pending completion of refinance of the said mortgage more fully set forth herein, Wife will be solely responsible for the payment of the said mortgage and the debt, evidenced thereby, and Wife will promptly refinance the same in order to remove Husband's name from the mortgage on the Marital Residence and to further comply with the provisions of this agreement. Not withstanding any provisions to the contrary, the parties acknowledge that there is an outstanding orthodontist bill related to the braces for their minor child, Caulin, and Wife agrees that she shall be solely responsible for the payment of the said orthodontist bill, which bill she agrees to timely pay and she further agrees to indemnify and hold harmless Husband from any claims against him on the same, including reasonable cost of defense. 5. EQUITABLE DISTRIBUTION. It is specifically understood and agreed that this Agreement constitutes an Equitable Distribution of property that was legally or beneficially acquired by Husband and Wife or either of them, during marriage, as contemplated by the Act of April 2, 1980 known as the Divorce Code, 23 Pa.C.S. § 3101 et. seq., as amended, of the Commonwealth of Pennsylvania. The parties hereto agree that the division of marital property provided herein is fair, adequate and satisfactory to them. Each agrees to accept the provisions of this Agreement in lieu of and full and final settlement in satisfaction of all claims and demands that either may now or herein after have against the other for equitable distribution of marital property. 6. MUTUAL RELEASES. Husband and Wife hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, of claims in the nature of dower or courtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country; or any rights which either party may now have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision 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 and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed by each party that this Agreement constitutes a full and final resolution and settlement of all claims of any kind, and especially and claims arising under the Pennsylvania Divorce Code, which either party may have against the other. 7. DIVISION OF REAL ESTATE, HOUSEHOLD AND PERSONAL PROPERTY. Husband and Wife acknowledge that, except as herein provided, their intention is to equally divide all marital property. Husband agrees that all the property in the possession of Wife shall be the sole and separate property of Wife and hereafter Wife agrees that all the property in the possession of Husband shall be the sole and separate property of Husband, except as expressly provided herein. Exhibit "A", attached hereto and made a part hereof, is a list of personal property belonging to Husband stored at the Marital Residence which Husband may remove on reasonable notice to Wife and Husband agrees he will remove the same within ninety (90) days of the execution of this Marital Settlement Agreement. The property listed on Exhibit "A" shall is and shall remain the sole property of Husband. Each of the parties hereto does hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, she or he may have with respect to any of the above items that are the sole and exclusive property of the other. The parties acknowledge that Husband and Wife are titled owners of that certain house, lot, and all improvements thereupon situate at 101 Poplar Avenue, New Cumberland, Cumberland County, Pennsylvania (Marital Residence). The parties hereby agree that Wife shall immediately refinance the Marital Residence, paying the existing debt and mortgage obligation thereon in full, discharging, and indemnifying Husband from any claim thereon, which refinance shall be completed within twenty (20) days from the date of execution hereof. Contemporaneously with the said refinancing, Husband will execute documents, as reasonably necessary, to transfer all' rights, title, and interest in the Marital Residence to Wife. Contemporaneously with the refinancing, the transfer of title to the Marital Residence, Wife shall pay Husband Twelve Thousand Five Hundred ($12,500.00) Dollars. Wife shall pay all costs of deed preparation, refinance, title transfer, recording, and associated costs. Transfer shall be considered an equitable distribution of the parties and therefore not subject to property transfer tax. Commencing on the date of execution of this Agreement, Wife shall be responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgage currently encumbering the property, any and all taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost, or expense, including actual attorney's fees, which may be incurred in connection with such liabilities and expenses or resulting from Wife's possession, occupancy, or ownership interest in the Marital Residence. In addition, Wife shall be entitled heretofore to claim all mortgage interest payments on her Federal, State, and Local income tax returns. The parties agree that any motor vehicles in the possession of either parry shall be solely the property of the other and, in the event any documents are necessary to transfer title into the sole name of either Husband or Wife, consistent herewith, the other shall reasonably cooperate to achieve the said purpose at the expense of the party to whom title is being transferred. The parties currently jointly own three (3) cemetery lots. Two (2) of the lots shall be transferred to the sole right, title, and interest of Wife and the other lot shall be transferred to the sole right, title, and interest of Husband. The cemetery lot closest to the burial location of Husband's parents shall be the lot transferred to Husband. 8. ALIMONY, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE. Pursuant to this Agreement of the parties, each party waives any right they may have to seek alimony, alimony pendente lite, spousal support, maintenance, or the like and any order or obligation to pay the same shall cease as of the date of the execution of this Agreement. Wife agrees and acknowledges that, until both of the minor children reach the age of 18, Husband shall be entitled to mcrol\ tax deduction or exe p ion for ) Qu ga&Lchilld as a dependent on his tax return and Wife shall execute all documents reasonably requested by Husband for him to obtain document or use the said deduction or exemption. W\?'? C CiU?J h CMG` tgeA ?,,TOat-J 9. PENSIONS, RETIREMENT ACCOUNTS, AND CERTIFICATE OF DEPOSITS. Each party specifically waives any claim they may have against the retirement of the other, except expressly herein provided. Each party acknowledges that the other spouse may have a retirement plan or account to which the parties may have contributed martial property over the course of the marriage. Each of the parties acknowledges, without the necessity of an expert valuation, that retirement assets may prove to comprise a substantial percentage of the entire martial estate. Nonetheless, each party desires to waive and specifically releases any claim they may have as to the retirement assets currently in the possession of the other spouse, except expressly herein provided. Each party further agrees to execute immediately upon demand any documents as may be required by the retirement plan administrator of the other spouse so as to confirm they have waived any claim right or interest thereto. Husband acknowledges that he has a 401(k) account at Ameraprise and that after Wife completes the refinance of the Marital Residence, he will promptly cooperate with Wife in Wife obtaining a Qualified Domestic Relations Order transferring to her fifteen thousand and 00/100 ($15,000.00) dollars of the said account. Wife shall be solely responsible, at her sole expense, to obtain the said QDRO. 10. COLLEGE ACCOUNTS FOR CHILDREN. The parties agree to transfer funds currently held at John Hancock to a trust on behalf of their minor children with Husband and Wife jointly named as trustees, to be used for the post high school education of the children as the parties agree. Any amounts remaining after the youngest child reaches the age of twenty- five (25), shall be distributed equally to the children. 11. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to Husband by his counsel, Bruce D. Foreman, Esquire, or Foreman & Foreman, P.C., and to Wife by her counsel, Max J. Smith, Jr., Esquire, of James Smith Dietterick & Connelly, LLP. Husband and Wife each covenants that he or she has made a full financial disclosure to the other of his or her respective property, holdings and income. Husband and Wife each acknowledge that each fully understands the facts of this agreement and has been fully informed as to her or his legal rights and obligations and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 12. DIVORCE. The parties agree and acknowledge that their marriage is irretrievably broken, that they do not desire marital counseling, and that they both consent to the entry of a decree in divorce pursuant to 23 Pa. C.S.A. § 3301(c). Accordingly, both parties agree to forthwith execute such consents, affidavits, or other documents and to direct their respective attorneys to forthwith file such consents, affidavits, or other documents as may be necessary to promptly proceed to obtain a divorce pursuant to said 23 Pa. C.S.A. § 3301(c). Upon request, to the extent permitted by law, and the applicable rules of civil procedures, the named defendant in such divorce action shall execute any waivers of notice or other waivers necessary to expedite such divorce. It is the intention of the parties that the Agreement shall survive any action for divorce which may be instituted or prosecuted by either party and no other judgment or decree of divorce, temporary, final, or permanent, shall affect or modify the financial terms of this Agreement. This Agreement shall be incorporated in but shall not merge into any such judgment or decree of final divorce, but shall be incorporated for the purposes of enforcement only. 13. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments, deeds, titles or documents that may be reasonably required to give full force and effect to the provisions of this Agreement, including all papers necessary to transfer title. 14. AFTER-ACQUIRED PROPERTY. Each party shall hereafter independently own all property, real, personal or mixed; tangible or intangible, of any kind, acquired by him or her, with full power to dispose of the same in all respects and for all purposes; as though he or she were unmarried. 15. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFER. The parties hereby agree and express their interest that any transfer of property under this Agreement shall be within the scope and application of the Deficit Reduction Act of 1984, hereinafter referred to as "the Act," and specifically the provisions of the Act pertaining to property transfers between spouses and former spouses. The parties agree to sign and file any elections or other documents required by the Internal Revenue Service to apply the Act to transfers under this Agreement without recognition of gain and subject to the carry-over basis provisions of the Act. 16. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 18. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 19. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, to terminate any further payments required to the other hereunder or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 21. DISCLOSURE OF FINANCES. Each party hereto confirms that he or she has . relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed and Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 22. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: WITNESS: HUSBAND: Steven M. Yesconis WIFE: 6 Sherri M. Yesconis ACKNOWLEDGMENT Notary Public COMMONWEALTH OF PENNSYLVANIA : SS COUNTY OF On this the of , 2007, before me, the undersigned officer, personally appeared Steven M. Yesconis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purposes therein contained. My commission expires: ********************************************************************** ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS On this the 04 ' of ?y"lp ??ia? ? , 2007, before me, the undersigned officer, personally appeared Sherri M. Yesconis, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purposes therein contained. My commission expires: 0-12A r'n' 0. Ylt Notary Public Not" Seel Ma M alm Notary PI,?Ya Deny Twp., Da #tn C=* NQr c:orwxnieetof? Eames Nov. 19, 2011 COMMONWE TM OF PENN A MemMr, Psnnsylvanle Assodedon of NoWNs EXHIBIT "A" Personal Property of Husband at Marital Residence All contents of Steve's Office Any items in the kitchen that were obtained from Steve's mother, his knives, and cooking accessories, and china in the dining room hutch Personal contents in the attic All possessions in the basement (excluding furniture, TV, and computer) including all wall decorations, DVDs, CDs Albums, turntable, one of the DVD players - Tools and other personal items from garage Leaf blower, chainsaw, deep fryer, coolers, etc. from shed z 1 i` 4 . .10L SHERRI M. YESCONIS, Plaintiff vs. STEVEN M. YESCONIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1466 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: By certified mail on March 24, 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 November 19, 2007 ; by Defendant November 23, 2007 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: C'7 rv CD 171 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHERRI M YESCONIS Plaintiff VERSUS STEVEN M. YESCONIS, AND NOW, 1,3 G' 'r'te -? ?? 2007, IT IS ORDERED AND No. 2007-1466 CIVIL TERM DECREE IN DIVORCE DECREED THAT AND Defendant SHERRI M. YESCONIS STEVEN M. YESCONIS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Marital Settlement Agreement dated 23 November, 2007, is hereby incorporated into The Final Divorce Decree. E A Ilp -07 + i SHERRI M. YESCONIS, Plaintiff VS. STEVEN M. YESCONIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2007-1466 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE HI ARK INVESTMENT PLAN QUALIFIED DOMESTIC RELATIONS ORDER § 1. Identifying Information. For the purposes of this domestic relations order, the following terms, when used with initial capital letters, shall have the following meanings. §1.1. Alternate Payee - The following person: Name: Sherri M. Yesconis Last Known Mailing Address: 101 Poplar Avenue, New Cumberland, PA 17070 Social Security Number: 197-60-3384 Birth Date: May 5, 1965 §1.2. Company - The following: Highmark, Inc. 1800 Center St., P.O. Box 890089 Camp Hill, PA 17089 §1.3. Participant - The following person: Name: Steven M. Yesconis Last Known Mailing Address: 233 East Maple Street, Palmyra, PA 17078 Social Security Number: 177-60-8448 Birth Date: October 17, 1964 §1.4. Qualified Plan - The tax qualified defined contribution profit sharing plan known by the name: Highmark Investment Plan. § 2. Award to Alternate Payee. § 2.1. Definitions. For the purposes of this domestic Relations order, the following terms, when used with initial capital letters, shall have the following meanings. (i) Account - The Participant's entire interest in the Qualified Plan determined as of the close of business on the Division Date or the Payment Date, as herein specified, after all transactions have been completed for the day. (ii) Accounting Date - Each day upon which the Qualified Plan in fact performs a valuation of the funds and an adjustment of the accounts of all participants (including the Account of the Participant). (iii) Division Date - The Accounting Date coincident with or immediately following November 23, 2007. (iv) Payment Date - The Accounting Date established by the Company to occur as soon as administratively feasible following the date on which the Company formally and finally determines that this domestic relations order constitutes a qualified domestic relations order and all appropriate time for appeals under the procedure of the Qualified Plan applicable to domestic relations orders has expired and the Alternate Payee has completed such application procedures as the Company may reasonably require. §2.2. Award. Effective as of the date the Alternate Payee delivers to the Company a certified copy of this domestic relations order, there is hereby awarded to the Alternate Payee from the Participant's Account under the Qualified Plan, a separate interest belonging to the Alternate Payee equal in value to $15,000.00, adjusted for earnings, gains and losses attributable to such award from November 23, 2007 to the Payment Date as determined by applying the earnings, gains and losses experienced by the Participant's investments in the Qualified Plan, on a pro rata basis. In no event shall the Qualified Plan award more than one hundred percent (100%) of the value of the vested portion of the Participant's Account in the Qualified Plan as of the Payment Date. § 3. Payment of the Award. §3.1. Required Documentation. The Alternate Payee shall file all elections, applications or other forms required by the Company in connection with the payment contemplated by this domestic relations order. The Participant and the Alternate Payee shall cooperate fully with the Company and each other in executing such documents and taking all other actions which may be necessary or required by the Company for the purpose of causing the payment to the Alternate Payee which is contemplated by this domestic relations order. §3.2. Form of Payment. As soon as administratively feasible on or after the Payment Date, the Company shall cause the trustee of the Qualified Plan to pay to the Alternate Payee the separate interest hereby awarded to the Alternate Payee in a single lump sum cash payment. This payment is eligible for either a direct or indirect rollover to a qualified plan that the Alternate Payee is a participant in or an Individual Retirement Account (IRA). The Alternate Payee shall not be permitted to elect any other form or time of payment even if it would be otherwise available under the Qualified Plan. Upon the completion of this payment to the ., Alternate Payee, the Qualified Plan shall have no further obligation to make any further payments to the Alternate Payee. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order from the Qualified Plan. §3.3. Effect of Death. If the Alternate Payee dies after this order is entered but before the date actual payment is made to the Alternate Payee, payment of the benefit awarded to the Alternate Payee under this order shall be made only to the personal representative of the Alternate Payee's estate. §3.4. Limitation Rules. The value of the Participant's Account as of the Division Date or Payment Date shall be determined excluding: (i) any portion which has been, before such Division Date or Payment Date, distributed from the Qualified Plan to (or with respect to) the Participant, (ii) any portion which has been required to be paid to any other alternate payee under any other domestic relations order which was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be a qualified domestic relations order, and any portion which on such Division Date or Payment Date is in the form of unpaid principal and interest on a loan to the Participant. The value of the Participant's Account shall be determined as of the Division Date or Payment Date as determined by the Plan records as of that date. §4. Miscellaneous Substantive Provisions. §4.1. Participant's Retained Benefits. For all purposes under the Qualified Plan, the Participant's Account (and all benefits payable under the Qualified Plan which are derived in whole or in part by reference to the Participant's Account) shall be permanently diminished by the portion of the Participant's Account which is awarded to the Alternate Payee. The Alternate Payee shall not be deemed or considered to be a spouse, former spouse or surviving spouse of the Participant for any purpose of the Qualified Plan. §4.2. Accounting for Award. The Company may, but shall not be required to, cause the trustee of the Qualified Plan to segregate in a separate account under the Qualified Plan the separate interest awarded to the Alternate Payee under this domestic relations order pending its actual payment to the Alternate Payee. To the extent that the Account of the Participant consists of monies coming from different sources, the Company shall cause the trustee to withdraw the monies for payment to the Alternate Payee in reasonable proportion to such sources as they exist on the Payment Date. To the extent that the Account of the Participant consists of monies that have been divided for investment purposes into difference classes or categories of investments, the Company shall cause the trustee to withdraw the monies for payment to the Alternate Payee as the Company shall determine. §4.3. Facility of Payment. Except as hereinafter provided, all payments made pursuant to this domestic relations order shall be made only to the Alternate Payee. If the Company has actual knowledge of the appointment by a court of competent jurisdiction of a guardian, conservator or similar court appointed fiduciary having responsibility for the Alternate Payee's financial affairs, the payment shall be made only to such court appointed fiduciary. §4.4. Precedence. This domestic relations order supersedes and completely voids and vacates any and every prior order of this court to the extent that such order purports to create or recognize the existence of the Alternate Payee's right to, or assign to the Alternate Payee the right to receive all or a portion of the benefits payable with respect to the Participant under the Qualified Plan. §5. Miscellaneous Procedural Provisions. §5.1. Legal Foundation. This domestic relations order: (i) creates or recognizes the existence of the Alternate Payee's right to, or assigns to the Alternate Payee the right to receive all or a portion of the benefits payable with respect to the Participant under the Qualified Plan, and (ii) relates to marital property rights of a spouse or former spouse, and (iii) is made in accordance with the Commonwealth of Pennsylvania domestic relations law. §5.2. Commencement of QDRO Process. Upon entry of this domestic relations order, the Alternate Payee shall deliver to the Company a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. §5.3. Representatives. The Participant and the Alternate Payee may notify the Company in writing that copies of notices to the Participant or the Alternate Payee, as the case may be, should be sent to a designate representative. Upon receipt of such notice, the Company shall give copies of notices sent by the Company to the Participant or Alternate Payee, as the case may be, to that representative. §5.4. Discharge. To the extent the Company makes a reasonable and good faith effort to observe the terms of this domestic relations order in making payment to the Alternate Payee as contemplated by this domestic relations order, the Qualified Plan, the Company and every fiduciary of the Qualified Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) and shall be fully discharged from any further liability to the Participant and the Alternate Payee (and their successors and assigns) with respect to such payments. . • 1 §5.5. Continuing Jurisdiction. This Court shall retain jurisdiction to amend this domestic relations order to establish or maintain it as a qualified domestic relations order under section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and section 414(p) of the Internal Revenue Code of 1986, as amended. BY THE COURT: Dated: 2008 J. Approved as to form and content: V? ?. < STEVEN M. YESC SHERRI ?MVZ?IS FOREMAN & Bruce D. ForemaNEsquire Attorneys for Plaintiff 6th Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-201 717-236-6602 I.D. No. P.D. JAMES, SMITH, DIETTERICK & CONNEL Y, LLP Max J. Smith, Jr., Es e Attorneys for Defendant P.O. Box 650 Hershey, PA 17033-0650 5 717-533-3280 I.D. No. 32114 r. CT NAY Z B 200V? SHERRI M. YESCONIS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2007-1466 CIVIL TERM STEVEN M. YESCONIS, CIVIL ACTION -LAW Defendant IN DIVORCE HIGHMARK INVESTMENT PLAN QUALIFIED DOMESTIC RELATIONS ORDER § 1. Identifying Information. For the purposes of this domestic relations order, the following terms, when used with initial capital letters, shall have the following meanings. §1.1. Alternate Payee - The following person: Name: Sherri M. Yesconis Last Known Mailing Address: 101 Poplar Avenue, New Cumberland, PA 17070 Social Security Number: 197-60-3384 Birth Date: May 5, 1965 §1.2. Company - The following: Highmark, Inc. 1800 Center St., P.O. Box 890089 Camp Hill, PA 17089 §1.3. Participant - The following person: Name: Steven M. Yesconis Last Known Mailing Address: 233 East Maple Street, Palmyra, PA 17078 Social Security Number: 177-60-8448 Birth Date: October 17, 1964 §1.4. Qualified Plan - The tax qualified defined contribution profit sharing plan known by the name: Highmark Investment Plan. § 2. Award to Alternate Payee. - § 2.1. Definitions. For the purposes of this domestic Relations order, the following terms, when used with initial capital letters, shall have the following meanings. VC - ?V- W-4,5 iv ?? p??a3/i;w s3?do•? -$0/Q£/S ? t? ?'?C:' C7 f -rah L +. ?ulz xx Eri Ji,i (i) Account - The Participant's entire interest in the Qualified Plan determined as of the close of business on the Division Date or the Payment Date, as herein specified, after all transactions have been completed for the day. (ii) Accounting Date - Each day upon which the Qualified Plan in fact performs a valuation of the funds and an adjustment of the accounts of all participants (including the Account of the Participant). (iii) Division Date - The Accounting Date coincident with or immediately following November 23, 2007. (iv) Payment Date - The Accounting Date established by the Company to occur as soon as administratively feasible following the date on which the Company formally and finally determines that this domestic relations order constitutes a qualified domestic relations order and all appropriate time for appeals under the procedure of the Qualified Plan applicable to domestic relations orders has expired and the Alternate Payee has completed such application procedures as the Company may reasonably require. §2.2. Award. Effective as of the date the Alternate Payee delivers to the Company a certified copy of this domestic relations order, there is hereby awarded to the Alternate Payee from the Participant's Account under the Qualified Plan, a separate interest belonging to the Alternate Payee equal in value to $15,000.00, adjusted for earnings, gains and losses attributable to such award from November 23, 2007 to the Payment Date as determined by applying the earnings, gains and losses experienced by the Participant's investments in the Qualified Plan, on a pro rata basis. In no event shall the Qualified Plan award more than one hundred percent (100%) of the value of the vested portion of the Participant's Account in the Qualified Plan as of the Payment Date. § 3. Payment of the Award. §3.1. Required Documentation. The Alternate Payee shall file all elections, applications or other forms required by the Company in connection with the payment contemplated by this domestic relations order. The Participant and the Alternate Payee shall cooperate fully with the Company and each other in executing such documents and taking all other actions which may be necessary or required by the Company for the purpose of causing the payment to the Alternate Payee which is contemplated by this domestic relations order. §3.2. Form of Payment. As soon as administratively feasible on or after the Payment Date, the Company shall cause the trustee of the Qualified Plan to pay to the Alternate Payee the separate interest hereby awarded to the Alternate Payee in a single lump sum cash payment. This payment is eligible for either a direct or indirect rollover to a qualified plan that the Alternate Payee is a participant in or an Individual Retirement Account (IRA). The Alternate Payee shall not be permitted to elect any other form or time of payment even if it would be otherwise available under the Qualified Plan. Upon the completion of this payment to the Alternate Payee, the Qualified Plan shall have no further obligation to make any further payments to the Alternate Payee. The Alternate Payee shall be responsible for the payment of all state and federal income taxes on amounts awarded to and paid to the Alternate Payee under this domestic relations order from the Qualified Plan. §3.3. Effect of Death. If the Alternate Payee dies after this order is entered but before the date actual payment is made to the Alternate Payee, payment of the benefit awarded to the Alternate Payee under this order shall be made only to the personal representative of the Alternate Payee's estate. §3.4. Limitation Rules. The value of the Participant's Account as of the Division Date or Payment Date shall be determined excluding: (i) any portion which has been, before such Division Date or Payment Date, distributed from the Qualified Plan to (or with respect to) the Participant, (ii) any portion which has been required to be paid to any other alternate payee under any other domestic relations order which was determined to be a qualified domestic relations order before the date this domestic relations order is determined to be a qualified domestic relations order, and (iii) any portion which on such Division Date or Payment Date is in the form of unpaid principal and interest on a loan to the Participant. The value of the Participant's Account shall be determined as of the Division Date or Payment Date as determined by the Plan records as of that date. P. Miscellaneous Substantive Provisions. §4.1. Participant's Retained Benefits. For all purposes under the Qualified Plan, the Participant's Account (and all benefits payable under the Qualified Plan which are derived in whole or in part by reference to the Participant's Account) shall be permanently diminished by the portion of the Participant's Account which is awarded to the Alternate Payee. The Alternate Payee shall not be deemed or considered to be a spouse, former spouse or surviving spouse of the Participant for any purpose of the Qualified Plan. §4.2. Accounting for Award. The Company may, but shall not be required to, cause the trustee of the Qualified Plan to segregate in a separate account under the Qualified Plan the separate interest awarded to the Alternate Payee under this domestic relations order pending its actual payment to the Alternate Payee. To the extent that the Account of the Participant consists of monies coming from different sources, the Company shall cause the trustee to withdraw the monies for payment to the Alternate Payee in reasonable proportion to such sources as they exist on the Payment Date. To the extent that the Account of the Participant consists of monies that have been divided for investment purposes into difference classes or categories of investments, the Company shall cause the trustee to withdraw the monies for payment to the Alternate Payee as the Company shall determine. §4.3. Facility of Payment. Except as hereinafter provided, all payments made pursuant to this domestic relations order shall be made only to the Alternate Payee. If the Company has actual knowledge of the appointment by a court of competent jurisdiction of a guardian, conservator or similar court appointed fiduciary having responsibility for the Alternate Payee's financial affairs, the payment shall be made only to such court appointed fiduciary. §4.4. Precedence. This domestic relations order supersedes and completely voids and vacates any and every prior order of this court to the extent that such order purports to create or recognize the existence of the Alternate Payee's right to, or assign to the Alternate Payee the right to receive all or a portion of the benefits payable with respect to the Participant under the Qualified Plan. §5. Miscellaneous Procedural Provisions. §5.1. Legal Foundation. This domestic relations order: (i) creates or recognizes the existence of the Alternate Payee's right to, or assigns to the Alternate Payee the right to receive all or a portion of the benefits payable with respect to the Participant under the Qualified Plan, and (ii) relates to marital property rights of a spouse or former spouse, and (iii) is made in accordance with the Commonwealth of Pennsylvania domestic relations law. §5.2. Commencement of QDRO Process. Upon entry of this domestic relations order, the Alternate Payee shall deliver to the Company a certified copy of this domestic relations order and shall simultaneously furnish the Participant with evidence of such delivery. §5.3. Representatives. The Participant and the Alternate Payee may notify the Company in writing that copies of notices to the Participant or the Alternate Payee, as the case may be, should be sent to a designate representative. Upon receipt of such notice, the Company shall give copies of notices sent by the Company to the Participant or Alternate Payee, as the case may be, to that representative. §5.4. Discharge. To the extent the Company makes a reasonable and good faith effort to observe the terms of this domestic relations order in making payment to the Alternate Payee as contemplated by this domestic relations order, the Qualified Plan, the Company and every fiduciary of the Qualified Plan shall be deemed to have fully satisfied their obligations to the Participant and the Alternate Payee (and their successors and assigns) and shall be fully discharged from any further liability to the Participant and the Alternate Payee (and their successors and assigns) with respect to such payments. §5.5. Continuing Jurisdiction. This Court shall retain jurisdiction to amend this domestic relations order to establish or maintain it as a qualified domestic relations order under section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and section 414(p) of the Internal Revenue Code of 1986, as amended. Dated: _ inRy Za - , 2008 Approved as to form and content: BY THE COURT: (z"' 14X-1 STEVEN M. YESC SHERRI M. YESCONIS FOREMAN & FORP4AN, P.D. Bruce D. ForemaNEsquire Attorneys for Plaintiff 6th Floor, Veterans Building 112 Market Street Harrisburg, PA 17101-2015 717-236-6602 I.D. No. JAMES, SMITH, DIETTERICK & CONNEL Y, LLr v Max J. Smith, Jr., Esq re Attorneys for Defendant P.O. Box 650 Hershey, PA 17033-0650 717-533-3280 I.D. No. 32114 y+? N ; J CO ? -T{ .-J -r _w - G C