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Home My WebLink About01-5988DENNIS F. iEZZI, Plaintiff VS. JOAN EMILIE I]EZZI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001- 3-~'(;q' 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. DO YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 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 JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant IN THE COURT OF COMMONPLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001- ~-t~Sg Civil Term CIVIL ACTION - LAW IN DIVORCE ~OMPLAINT IN DIVORCE AND NOW comes the Plaintiff, DENNIS F. IEZZI, by his 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, DENNIS F. IEZZI, is an adult individual and citizen of the United States of America, whose address is 412 Gear3, Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. ' 2. The Defendant, JOAN EMILIE IEZZI, is an adult individual and citizen of the United States of America, whose address is 295 S. Second Street, Bainbridge, Lancaster County, Pennsylvania 17502. 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 June 22, 1973 in Birdsboro, Pennsylvania. 5. Plaintiff and Defendant separated on or about August 8, 1998, a period in excess of two (2) years. 6. Plaintiff avers that there are no children of the parties under the age of 18. 7. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 8. 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. 9. 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. 10. Plaintiff avers that the marriage is irretrievably broken. Dated: October 17, 2001 WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly tJ~ 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 unsworn falsification to authorities. DENNIS F. IEZZI ~ ~ 0 cou.~ I J DIVORCE Cumberland , [] RECORD OF.~ OR ANNU[~MENT (CHECK ONE) 3TATE FILE NUMBER ~TATE FILE DATE 1. NAME (F~t) (Middle) HUSBAND (L~t) I~. DATE (Monb~) (O&y) ~eaO Iezzi OF 08 I s,m'H 12 1950 Cumberland, PA I S~Rm Pennsylvania [] High School Principal WIFE Iezzi I OBiT 05 12 1951 . New Jersey Dennis F. 412 Geary Ave., New Cumberland, NUMBER 6. RACE OF THiS WHITE BLACK MARRIAGE 1 [] [] Farrell Joan Emilie 295 S. 12. NUMBER OF THIS IS. RAC%E aLACK MARRIAGE i [] MARRIAGE Berks Second St., Bainbridge, Lancaster, 17A. NUMBEROF ITS. NUMBEROFDEPENDENT CHILDREN"~':IE CHILDRENUNDSR18. MARR~GE 2 0 20. NUMBER OF PA OTHER (Specify) 14. USUAL OCCUPATION ~-~ Teacher (State c~ Foreign Countq,) tl 8. DATE OF (Month) (Day) (Year) THIS Pennsylvania MARRIAGE 06 22 1973 18. PLAIN13FF 19. DECREEGRANTEDTO HUSBAND WIFE OTHER (Specify) HUSBAND WIFE OTHER (Specify) SPL~TCUSTODY OTHER (Spec~y) I 21. LEGAL GROUNDS FOR DIVORCE (~R ANNU[.M~NT [] Irretrievable breakdown/2-yr, sep. 23. DATE REPORT SENT (Mo~th) (Day) (Year) TO VITAL RECORDS HUSBAND WIFE CHILDREN TO CUSTODYOF N/A [] [] [] , DATE OF DECREE (Month) (Day) (Year) SIGNATURE OF TRANSCRIBING CLERK DENNis F. IEZZi, Plaintiff VS. Defendant --~,~o tzUUNTy : ' emNS YLVANiA : NO. 2001- S-PF~ C/VIL TERM : : C/V/L, ACTION ~ LAW : 1N D/VORCE ~/VORCE CODE /fyou wish to deny any of the allegations set forth in Counteraffidavit within twenty (20) days this Affidavit, you must file a allegations will be adm/tted, after this Affidavit has been served on you or the 1. A Complaint in Divorce Under Sections 330~ (c) ' Code was filed on October 3!2_, 200~. and 3301(d) of the Divorce 2. The parties to this action separated on August separate and 8, 1998 and have continued to live apart for a period of at least two (2) Years. The marriage is irrethevably broken. 4. I Understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divome is granted. I verify that the statements made in this Affidavit are true and Correct. I Understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sectiort 4904 relating to Unsworn falsification to author/ties. DATE: October ~..1~__~, 2001 ~~ DENNIS DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5988 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 18th day of October, 2001, 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 ~7001 1140 0002 8633 0077 at Hershey, Pennsylvania, addressed to: Joan Emih'e Iezzi 295 S. Second Street Bainbridge, PA 17502 Mailing and return receipt cards attached hereto. MAX J. SN~, ~~~. ~quire I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY L~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I--I Restricted Delivery F~ c~4 '~ ......................................... · Complete items 1~, 2, and 3: Nco ( item 4 If Restricted De#v~y I~ daalred. ·Prtnt your name and addm~ on the reveme · Attach this card to the back of the metiptece, or on the frc~t if space i~. PS Form 3811. Ma~n ~nnl DENNIS F. IEZZI, Plaintiff VS. JOAN ENULIE/E7.ZI~ Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5988 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Petition within twenty (20) days from service hereof or a judgment may be entered against you. J. SMITH, ~squire JARAD W. HANDELMAN, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DENNIS F. IE7YT, Plaintiff VS. JOAN EMllJ1E IEZ7J, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5988 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR EQUITABLE DISTRIBUTION OF PROPERTY AND NOW comes the Plaintiff, DENNIS F. IEZ7~, by his attorney MAX J. SMITH, JR., Esquire, and respectfully states as follows: 1. Plaintiff fled a divorce Complaint pursuant to the no-fault provisions of the Pennsylvania Divorce Code on October 17, 2001, entered to the within term and number. Defendant. There has been no responsive pleading filed to date in this matter by the 3. During the course of the marriage, Plaintiff and Defendant have aqquired various items of marital property, both real and personal, which are subject to equitable distribution by the court. 4. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff respectfully requests that at such time as a divorce Decree may be entered, equitably divide the marital property remaining between the part]es. Date: April 4, 2002 Respectfully submitted, ~JR., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Durkin & Connelly L~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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 unswom falsification to authorities. ~J. ~~~,., Esquire, attorney for DENNIS F. IET. ZI DENNIS F. IEZZI; Plaintiff VS. JOAN EMILIE IEZT], Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5988 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this /4 day of April, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's Petition for Equitable Distribution of Property by depositing a copy of the same in the United States marl, postage prepaid, at Hershey, Pennsylvarfia, addressed to: Pyfer & Reese Attn: John F. Pyfer, Jr., Esquire 128 North Lime Street P.O. Box 1597 Lancaster, PA 17608-1597 MAX j. SMiTH, ~ .Y~squire I.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY, t~ P.O. Box 650 Hershey, PA 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI : VS. : JOAN EMILIE IEZZI : No. 2001-5988 Civil Term In Divorce PETITION FOR TRANSFER OF VENUE The instant Petition is submitted by the Defendant in the above matter, Joan Emilie Iezzi, by and through her counsel, John F. Pyfer, Jr., Esquire, and Pyfer & Reese, and avers the following: 1. Petitioner is Joan Emilie Iezzi, the Defendant in the above divorce action. 2. Respondent is Dennis F. Iezzi, the Plainfiffin the above divorce proceedings. 3. The parties hereto are husband and wife, having been married on June 23, 1973, and ultimately separating in August of 1998, at which time Mr. Iezzi moved from the parties' jointly- owned marital residence located in Bainbridge, Lancaster County, Pennsylvania. 4. The patties have resided as husband and wife in Lancaster County throughout the marriage since approximately 1975 until the date of marital separation in August of 1998. Mrs. Iezzi continues to reside in the jointly-owned Lancaster County marital residence. 5. Mrs. Iezzi is employed as a teacher in the Donegal, Lancaster County School District, and Mr. Iezzi is employed in the Middletown, Dauphin County School District. 6. The instant divorce complaint was filed by Mr. Iezzi in Cumberland County in October of 2001 did not include any claims for equitable distribution or any other economic relief. 7. The only proceedings seeking economic relief have been initiated pursuant to the support complaint filed by Mrs. Iezzi in September of 2001 in the Lancaster County Domestic Relations Office and docketed to No. 2001-03119. A Heating is currently scheduled to be held on June 13, 2002 in the support matter. 8. The parties' witnesses, evidence and marital property is primarily located in Lancaster County, Pennsylvania, in addition to Lancaster County being the location of the parties' jointly- owned marital real estate and the venue for the pending support proceedings. 9. The Petitioner, Mrs. Iezzi, is therefore requesting, pursuant to Pennsylvania Rule of Civil Procedure 1061, that venue in the instant proceedings be transferred from the Cumberland County Court of Common Pleas to the Lancaster County Court of Common Pleas as the more appropriate and convenient venue for the parties, particularly in light of the pending litigation in Lancaster County and the location of the marital real estate. WHEREFORE, your Petitioner respectfully requests that this Court direct that the Plaintiff, Dennis F. Iezzi, take the necessary steps to transfer the instant divorce action, as well as Plaintiff's recently-filed Petition For Equitable Distribution to the Lancaster County Court of Common Pleas for further proceedings with regard to the pending economic issues, as well as 2 any additional economic claims as may be filed by the Petitioner, Mrs. Iezzi. Respectfully submitted, PYFER & REESE Lancaster PA 17608-1597 (717) 299-7342 VERIFICATION I verify that the statements made in this Petition 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. ~/~milie Iezzi 7 / 4 PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.CP. 440. Service by first class mail addressed as follows: Max J. Smith, Esquire Jarad W. Handelman, Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey PA 17033 PYFER & REESE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI VS, JOAN EMILIE IEZZI No. 2001-5988 Civil Term In Divorce DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EQUITABLE DISTRIBUTION OF PROPERTY AND NOW COMES the Defendant, Joan Emilie Iezzi, by and through her attorneys, John F. Pyfer, Jr., Esquire, and Pyfer & Reese, and respectfully states the following in response to the Petition For Equitable Distribution filed in this matter. 1. Admitted that a no-fault divorce complaint was filed with the Cumberland County Court of Common Pleas on or about October 17, 2001. In addition to the above divorce complaint, a support proceeding is pending in the Lancaster County Domestic Relations Office docketed to No. 2001-03119, which Complaint was initiated by Mrs. Iezzi on or about September 27, 2001. 2. Admitted that no responsive pleading has been filed to date in this matter as the Defendant, Mrs. Iezzi, does not dispute the no-fault grounds for divorce as asserted by Mr. Iezzi. 3. Admitted that the parties have acquired various items of marital property, both real and personal, which are subject to equitable distribution by the Court. By way of further answer, the parties own real estate and last resided together at 295 South Second Street in Bainbridge, Lancaster County, Pennsylvania, in which residence Mrs. Iezzi continues to reside. In addition, the pmties have numerous items of personal property located at the marital residence in Lancaster County. 4. Admitted that the parties have engaged in negotiations with the intent of resolving the matters related to equitable distribution since the filing of the instant divorce complaint on October 17, 2001, but have been, to date, unable to do so. WHEREFORE, Defendant respectfully requests that the instant Petition For Equitable Distribution, as well as the pending no-fault divorce action be transferred to the more appropriate venue of the Lancaster County Court of Common Pleas, being the last joint residence of the parties and the location of their marital real estate, as well as the above-referenced support proceedings. Respectfully submitted, PYFER & REESE By: Lancaster PA 17608-1597 (717) 299-7342 VERIFICATION I verify that the statements made in this Reply 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. jo~j~ Emilie icg '~~ Dated: PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 440. Service by first class mail addressed as follows: Max J. Smith, Esquire Jarad W. Handelman, Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey PA 17033 PYFER & KEESE Dated: By: DENNIS F. IEZZI V. JOAN EMILIE IEZZI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5988 CIVIL TERM ORDER OF COURT AND NOW, this 30TM day of APRIL, 2002, a Rule is issued upon Plaintiff to Show Cause why Defendant's Petition to Transfer Venue should not be granted. If Plaintiff responds to the role, and there are no issues of fact in dispute, either party may list the matter for Argument in accordance with our local roles of court. If there are issues of fact, depositions shall be completed within sixty (60) days after the Plaintiff's response is filed. The matter may thereafter be listed for Argument in accordance with our local roles of court. Max J. Smith, Esquire For the Plaintiff John F. Pyfer, Jr., Esquire For the Defendant d E. Guido, J. :sld DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant : IN THE COURT OF COMMON pl ~EAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 - 5988 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S RESPONSE TO DEFENDANT'S PETITION FOR TRANSFER OF VENUE AND NOW, comes the Plaintiff, Dennis F. Iezzi, by and through his attorney, Max J. Smith, Jr., Esquire, and responds to Defendant's Petition For Transfer of Venue ~nd this Honorable Court's Rule to Show Cause. In support thereof, Plaintiff submits as follows: o Admitted. Admitted. By way of further answer, Plaintiff, Dennis F. Iezzi, currently regides at 412 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070 and has resided at such address since August 1998, more than three years prior to the date of the filing of the complaint in this matter. Admitted. By way of further answer, since August 1998, Mr. Iezzi has resided at 412 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. Admitted in part; denied in part. Although it is admitted that the patties resided in Lancaster County until mid-1998, the parties place of residence during the marriage is irrelevant to a determination of the proper venue in their divorce proceeding. Pursuant to Pennsylvania Rule of Civil Procedure 1920.2, a divorce proceeding is properly brought in the county in which the plaintiff or the o defendant resides. See Pa.R.C.P. 1920.2 2002). At the time of the filing of the divome complaint in this matter, Mr. Iezzi had resided in Cumberland County, Pennsylvania for more than three (3) years. It is specifically denied that Mrs. Iezzi continues to reside in the Lancaster County marital residence, as that property has been sold. Admitted. By way of further answer, to the extent the mere fact of the parties' places of employment are alleged to constitute sufficient inconvenience so as to justify transfer of venue from this Honorable Court to Lancaster County, same is specifically denied. To the contrary, Mr. Iezzi's establishment of. residence in Cumberland County for more than four (4) years is sufficient to establish venue in said county. Admitted. By way of further answer, the initial omission of economic claims from the complaint filed by Mr. Iezzi is irrelevant to a determination of proper venue. In addition, on April 5, 2002, a Petition raising economic claims was filed by Mr. Iezzi, as well as a Motion for Appointment of Master. Further, Mrs. Iezzi has propounded discovery upon Mr. Iezzi under the above-captioned docket number. Denied. It is specifically denied that the only economic relief sought has been that initiated by support complaint filed by Mrs. Iezzi. To the cofitrary, a Petition raising economic claims was fried by Mr. Iezzi on April 5, 2002, along with a Motion for Appointment of Master to resolve such claims. By way of further answer, the venue for the support proceedings initiated by Mrs. Iezzi is irrelevant to the determination of proper venue for the resolution of the parties' divorce. The support proceedings initiated by Mrs. Iezzi were begun at a time when Mr. Iezzi did not reside in Lancaster County, just as Mrs. Iezzi does not presently reside in the county in which Mr. Iezzi has initiated divorce proceedings. Denied. It is specifically denied that the parties' witnesses, evidence, and marital property is primarily located in Lancaster County, Pennsylvania. To the contrary, more than four (4) years ago Mr. Iezzi relocated to Cumberland County, Pennsylvania and a substantial part of the evidence, witnesses, and property relevant to the patties' divorce is now located in Cumberland County where Mr. Iezzi resides. In addition, the marital residence has been sold, and Mrs. Iezzi is now residing elsewhere. By way of further answer, venue in Cumberland County is appropriate pursuant to Pennsylvania Rule of Civil Procedure 1920.2. Denied. It is specifically denied that a transfer of venue is appropriate and that Lancaster County is a more convenient forum the resolution of the parties' divorce. Pursuant to Pennsylvania Rule of Civil Procedure 1920.2, a divorce proceeding is properly brought in the county in which the plaintiff or the defendant resides. See Pa.R.C.P. 1920.2 (2002). At the time of the filing of the divorce complaint in this matter, Mr. Iezzi had resided in Cumberland County, Pennsylvania for more than three (3) years. By way of further answer, Pennsylvania Rule of Civil Procedure 1006(d)(1) does not justify transfer of venue to Lancaster County as requested by Mrs. Iezzi. To the contrary, a substantial part of the evidence, witnesses, and property relevant to the patties' divorce is now located in Cumberland County where Mr. Iezzi resides. Mr. Iezzi's uninterrupted residence in Cumberland County for more than three (3) years prior to the filing of the divorce complaint establishes venue in Cumberland County under both Pa.R.C.P. 1920.2 and 1006(d)(1). WHEREFORE, Plaintiff, Dennis F. Iezzi, respectfully requests that this Honorable Court deny Defendant's Petition For Transfer of Venue. Respectfully submitted, JAMES, SMITlt, DURKIN & CONNELLY I~I~ Date: May 17, 2002 &~9 MAX J. SMITH, JR., Egquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Plaintiff, Dennis F. Iezzi DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 - 5988 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this i'l day of May, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Plaintiff's Response to Defendant's Petition for Transfer of Venue by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Pyfer & Reese Attn: John F. Pyfer, Jr., Esquire 128 North Lime Street P.O. Box 1597 Lancaster, PA 17608-1597 MAX J. S~M~~e I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (ENTIRE CAPTION MUST BE STATED IN FULL) IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IE7,ZI, : Plaintiff : : Vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMII.IE IETZI, : Defendant : IN DIVORCE :L. state matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendant' s Petition to Transfer Venue. 2, Identify counsel who will argue case: (a) for Plaintiff: Max J. Smith, Jr., Esquire, 134 SiDe Avenue, Hummelstown, PA 17036 (b) for Defendant: John F. Pyfer, Jr., :L28 North Lime Street, P.O. Box 1597, Lancaster, PA 17608-:t597 3. I will notify ail parties in writing within two days that this case has been listed for argument. 4, Argument Court Date: Dated: (p~' , 2002 Max J. Smith, Jr. #23 DENNIS F. IEZZI V. JOAN EMILIE IEZZI iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5988 CiVIL TERM IN RE: DEFENDANT'S PETITION TO TRANSFER VENUE BEFORE BAYLEY~ GUIDO~ JJ. ORDER OF COURT AND NOW, this 26TM day of JULY, 2002, the Defendant's Petition to Transfer Venue is DENIED. Max J. Smith, Jr., Esquire Jarad W. Handelman, Esquire For the Plaintiff John F. Pyfer, Jr., Esquire For the Defendant :sld 080802/CCS/drl/Iezzi/Petition IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI VS. JOAN EMII~IE IEZZI No. 2001-5988 Civil Term In Divorce PETITION FOR ALIMONY AND COUNSEL FEES. COSTS AND EXPENSES action. 1. The Petitioner is Joan Emilie Iezzi, the Defendant in the above-captioned divorce 2. The Respondent is Dennis F. Iezzi, the Plaintiff in the above-captioned divorce proceedings. COUNT I - ALIMONY 3. Paragraphs 1 and 2 are incorporated herein by reference. 4. Petitioner lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 5. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established in the marriage. No. 2001-5988 CMl Term WHEREFORE, Petitioner requests Your Honorable Court to enter an award of reasonable alimony upon entry of a final Decree in Divorce. COUNT II - ATTORNEY'S FEES, COSTS AND EXPENSES 6. Paragraphs I through 5 are incorporated herein by reference. 7. Petitioner has employed Pyfer & Reese, as counsel, but is unable to pay the necessary and reasonable attorney% fees for said counsel. WHEREFORE, Petitioner respectfully requests Your Honorable Court to enter an award of temporary counsel fees, costs and expenses until final hearing and thereupon award such additional counsel tees, costs and expenses as are deemed appropriate. PYFER & REESE By: °stlr~eTt43 P.O. Box 1597 Lancaster PA 17608-1597 (717) 299-7342 No. 2001-5988 Civil Term 2 VERIFICATION I verify that the statements made in this Petition 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: No. 2001-5988 Civil Term 3 PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. 440. Service by first class mail addressed as follows: Max J. Smith, Jr., Esquire Jarad W. Handelman, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey PA 17033 PYFER & REESE By: J~ 15743 Dated: 8/12/02 No. 2001-5988 Civil Term 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Dennis F. Iezzi : VS. : : Joan Emilie Iezzi : No. 2001-5988 Civil Term In Divorce De[el~d~nt's Pre-Trial Statement The parties hereto were married on August 23, 1973, and ultimately separated on or about August 22, 1998, when Mr. Ie?~i left the marital residence in Bainbridge, Lancaster County, Pennsylvania. Husband is currently 52 years of age having been bom on August 12, 1950. Wife is 51 years of age having been bom on May 12, 1951. The parties' marriage produced two children both of whom are emancipated. Both parties are employed in the teaching/education field with wife being employed in the Donegal School District as a teacher. Husband was employed as a school principal at Middletown High School through June 2002. Husband is now en-~ployed at Exeter High School in Berks County as a teacher and coach purs~_~_a~t to a voluntary change of employmem. II. Income Wife's salary at Donegal High School is approximately $50,000.00 per year. Husband's salary as principal at Middletown High School was approximately $80,000.00 per year. Husband's salary at Exeter High School including coaching will he approximately $73,000.00 per year. Wife believes that Husband earns additional income through coaching clinics and camps. There is currently an award of spousal support payable to Wife in the amount of $330.00 bi-weekly through the Lancaster County Domestic Relations Office. IlL Assets 1. Escrow Account - Bank of Lancaster County Real estate proceeds approximately $37,000.00 2. PSERS Retirement - Husband - $268,003.00 present value calculation attached 3. PSERS Retirement - Wife - $82,862.00 present value calculation attached 4. Personality- divided by agreement 5. Vehicles 1998 Acura CL - Husband 1995 Mercury Villager - Wife 6. TSA Accounts - both parties Wife's contributions post separation Liabilities 1. Capital One - Credit Card - $9881.00 as of 6/9/02 2. First USA - Credit Card - $20,291.00 as of 8/8/02 3. Capital One - VISA - $2802.00 as of 6/12/02 4. Sallie Mae Education Loans (2) $9888.00 as of 6/14/02 5. U.S. Department of Education Loans (3) $19,341.00 as of 6/22/02 6. Knight Tuition Plan Loan - ? 7. Vehicle loan- Acura automobile No. 2001-5988 2 Civil Term IV. Witnesses - Exhib'.gs Mrs. Iezzi does not believe that any witnesses other than the parties will be required. Counsel will stipulate to the admission of Harry Leister's pension valuations, as well as, all account statements and income infmmatior~ V. Proposed Resolution Mrs. Iezzi is proposing that the marital estate be distributed such that she receives at least 55% of the net marital assets. Alimony would be payable to Mrs. Ie?~.i for 6 years in the amount of $250.00 bb weekly. If resolved prior to hearing each party would be responsible for their own attorney's fees. Respectfully Submitted, PYFER & REESE BY~743 P.O. Box 1597 Lancaster, PA 17608-1597 (717) 299-7342 No. 2001-5988 Civil Term PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement of Pa. R.C.P. ~40. Service by first class mail adckessed as follows: Max J. Smith, Jr., Esquire Jarad W. Handelman, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 PYFER & REESE No. 2001-5988 Civil Term Conrad M. Siegel, .Inc.. Actuaries/Benefit Consultants 501 Corporate Circle * P.O. Box 5900 · Harrisburg, PA 17110-0900 PIqONE (717) 652-5633 · F^X (717) 540-9106 · www.cmsbenefits.com Conrad M. Siegel, F.S.A. Harry M. Leister, Jr., F.S.A. Brian S. Sann, Clyde E. Gthgfich, F.S.A. Earl L. Munmaert, M.A.A.A. Robert J. Dolan. A.S.A. David F. Stifling, A.S.A. Robert J. Mrazik, F.S.A. David H. Killick, F.S.A. Jeffrey S. Myers, F.S.A. Thomas L. Z~ilmrca man, F.S.A. Glenn A. Hafer, F.S.A. Kevin A. Erb, F.S.A. Frank S. Rhodes, F.S.A., A.C.A.S. Holly A. Ross, F.S.A. Charles B. Ffiedlander, F.S.A. John W. Jeffrey, F.S.A. Denise M. Polth. F.S.A. Thomas W. Reese. A.S.A. Jallel M. LeymEister. CEBS Mark A. Bonsall. F.S.A. Jonathan D. Cramer A.S.A. John D. Vargo, A.S.A. February 19, 2002 Max J. Smith, Jr., Esq. James Smith Durkin & Connelly LLP 134 Sipe Avenue Hummelstown, PA 17036 Re: Dennis F. Iezzi v. Joan E. Iezzi Dear Mr. Smith: DENNIS F. IEZZI You provided me with the following information concerning Dennis F. Iezzi: 1. Date of birth - August 12, 1950. 2. Date married - June 22, 1973. 3. Date separated - August 8, 1998. 4. Information provided by the Public School Employees' Retirement System as follows: a. Years of service - 26.00 as of June 30, 1998. b. Accumulated contributions plus interest - $65,183 as of June 30, 1998. c. Final average salary - $68,412 as of June 30, 1998. Currently, Dennis F. Iezzi is 52 years of age (age nearest birthday). The Public School Employees' Retirement System is a defined benefit pension plan. The pension benefit provided upon retirement is based upon the final three- year average salary and the years of service. Normal retirement for Dennis F. Iezzi is age 57 (age nearest birthday). The figure that is marital property for divorce purposes for a defined benefit pension' pi~n is the present value of the pension earned during the marriage. Th~ following table shows the pension benefit earned as of June 30, 1998, adjusted for retirement at ages 57 and 62, the present value of such benefit, the "coverture fraction" and the present value of the pension earned during the marriage: Conrad M. Siegel, Inc. Max J. Smith, Jr., Esq. February 19, 2002 Page 2 Pension Retirement Benefit Present Value Pension Benefit Coverture Fraction Present Value Pension Earned During Marriage Age 57 Maximum single life annuity of $3,706 $400,602 .96 $384,578 Refund of contributions plus interest & maximum single life annuity of $3,157 $409,566 .96 $393,183 Age 62 Maximum single life annuity of $3,706 $272,052 .96 $261,170 Refund of contributions plus interest & maximum single life annuity of $2,949 $279,170 .96 $268,003 The pension benefit earned as of June 30, 1998, takes into account .98 of a year of service before the date of marriage. Therefore, it is necessary to multiply the present value of the pension benefit by a "coverture fraction" in order t obtain the present value of the pension earned during the marriage. The numerator of the "coverture fraction" is 25.02 (the years of service from the date of marriage until June 30, 1998) and the denominator is 26.00 (the years of service with PSERS as of June 30, 1998). Thus, the "coverture fraction" is .96 (25.02 divided by 26.00). JOAN E. IEZZ! You provided me with the following information concerning Joan E. Iezzi: 1. Date of birth - May 12, 1951. 2. Date married - June 22, 1973. 3. Date separated ~ August 8, 1998. 4. Information provided by the Public School Employees' Retirement System as follows: a. Years of service - 12.52 as of June 30, 1998. Conrad M. Siegel, Inc. Max J. Smith, Jr., Esq. February 19, 2002 Page 3 b. Accumulated contributions plus interest - $24,615 as of June 30, 1998. c. Final average salary - $38,641 as of June 30, 1998. Currently, Joan E. Iezzi is 51 years of age (age nearest birthday). The Public School Employees' Retirement System is a defined benefit pension plan. The pension benefit provided upon retirement is based upon the final three-year average salary and the years of service. Normal retirement for Joan E. Iezzi is age 62. The figure that is marital property for divorce purposes for a defined benefit pension plan is the present value of the pension earned during the marriage. The following table shows the pension benefit earned as of June 30, 1998, adjusted for retirement at age 62 and the present value of the pension earned during the marriage: Pension Retirement Benefit Age 62 Present Value Pension Earned During Marriage Maximum single life annuity of $1,008 Refund of contributions plus interest & maximum single life annuity of $730 $81,994 $82,863 The pension benefit earned as of June 30, 1998, was earned during the marriage since the date of marriage preceded the date of hire. The present value calculations are based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations except that mortality was not taken into account prior to the commencement of the pension. The interest rate is 5.8% per year for 25 years followed by 4.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table for males with this table rated six years for females. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present values. ~ Conrad M. Siegel, Inc. Max J. Smith, Jr., Esq. February 19, 2002 Page 4 The figures in this report take into account the legislation signed by Gov. Tom Ridge on May 17, 2001, increasing the pension multiplier from 2.0% to 2.5%. With best regards, HML:kad Yours sincerely, · is Consu,~ing Actuary DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 - 5988 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT ASSETS A. MARITAL ASSETS ASSET VALUE DATE OF NON-MARITAL LIEN VALUATION PORTION Proceeds of Sale $34,751.94 Present No No of Marital Residence (Escrow) PSERS See Leistcr's Present No No Retirement (H) Report - Exhibit PSERS See Leister's Present No No Retirement (W) Report - Exhibit 1998 Acura CL Blue Book Value Present No Yes (H) to be presented 1995 Mercury Blue Book Value Present No Yes Villager to be presented B. NON-MARITAL ASSETS None. II. EXPERT WITNESSES 1. The parties will stipulate as to the admission of Harry Leister's pension valuations, attached hereto as Exhibit "A". III. NON-EXPERT WITNESSES Plaintiff, Dennis F. Iezzi Defendant, as on cross IV. EXHIBITS 2. 3. 4. Harry Leister's Report by stipulation. Blue Book Values of automobiles. Wage Statement of Plaintiff, Dennis F. Iezzi. Escrow Account Statement re: proceeds of sale of marital residence. Ve INCOME See attached wage statement of Plaintiff, Dennis F. Iezzi. VI. EXPENSES Plaintiff's itemized average monthly living expenses are as follows: Rent: $625 Food: $200 Clothing: $50 Water: $20 Electric: $25 Heat (oil): $125 Telephone: $40 Gas: $20 Transportation: $80 Car Loan: $310 Casey and Michael's college loans: $450 VII. COUNSEL FEES Plaintiff respectfully submits that each party should be responsible for their own attorney fees in this matter. VIII. MARITAL DEBTS Capital One - $9,881 First USA - $20,291 Capital One - $2,802 Sallie Mae student loan - $9,888 U.S. Dept. of Education loan - $19,341 Knight Tuition Plan - unknown Acura vehicle loan IX. PROPOSED RESOLUTION · Plaintiffproposes that the marital assets of the parties be divided such that Defendant shall receive the net proceeds of sale of the marital residence, and shall retain her pension intact. Plaintiff shall retain his pension, and shall assume responsibility for payment of the marital debts, consisting of credit card debts of±$33,000. This proposal is consistent with an agreement executed by Plaintiff dated February 28, 2002. To the extent the court would require any additional sum payable from Plaintiff to Defendant to effectuate the equitable division of assets, same would be accomplished by a transfer of a portion of Defendant's retirement benefit to Plaintiff via a QDRO to be prepared by counsel for Defendant. · There shall be no alimony payable by Plaintiff to Defendant. Each party shall pay his/her respective attorney fees, except that Plaintiff should be reimbursed attorney fees incurred by him to defend Defendant's frivolous objection to venue, which was a dilatory maneuver designed to extend Plaintiff's APL obligation to Defendant. Date: August 23, 2002 Re~~ed, MAX j. sMITH, J~) .~squi I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Exhibit A Conrad M. Siegel, .Inc. Actuaries/Benefit -Consultants 501 Corporate Circle · P.O. Box 5900 · Harrisburg, PA 17110-0900 Puolq£ (717) 652-5633 · F^x (717) 540-9106 · www.cmsbenefits.com Conrad M. $ieg¢~. F.S.A. Harry M. Leiater, Jr., F.S.A. Brian S. Sann, F.$,A. Clyde E. Gingrich, F.S.A. Earl L. Mummert, M.A.A.A. Rober~ J. Dolan, A,$.A. David F. Stifling, A.S.A. Robert J. Mrazik, F.S.A. David H. F311ick. F.S.A. Jeffrey S. Myers, F.S.A. Thomas L. Zinm~ctman, F.S.~.. Glenn A. Haler, F.S.A. K~vin A. Erb. F.S.A. Frank S. Rhodes, F.S.A., A,C.A.S. Holly A. Ross, F.S.A. Charles B, Fdedlander. F.S,A. John W. Jeffrey, F.S.A. Denise M. Polin, F.S,A. Thomas W. Reese, A.S.A. Janel M. L~ymeister, CEBS Mark A. Bonsall, F,S.A. Jonathan D. Cramer, A.S.A. John D. Vargo, A.S.A. February 19, 2002 Max J. Smith, Jr., Esq. James Smith Durkin & Connelly LLP 134 Sipe Avenue Hummelstown, PA 17036 Re: Dennis F. Iezzi v. Joan E. Iezzi DENNIS F. IEZZI You provided me with the following information concerning Dennis F. Iezzi: 1. Date of birth-August 12, 1950. 2. Date married - June 22, 1973. 3. Date separated - August 8, 1998. 4. Information provided by the Public School Employees' 1Yetirement System as follows: a. Years of service - 26.00 as of June 30, 1998. b. Accumulated contributions plus interest - $65,183 as of June 30, 1998. c. Final average salary - $68,412 as of June 30, 1998. Currently, Dennis F. Iezzi is 52 years of age (age nearest birthday). The Public School Employees' Retirement System is a defined benefit pension plan. The pension benefit provided upon retirement is based upon the final three- year average salary and the years of service. Normal retirement for Dennis F. Iezzi is age 57 (age nearest birthday). The figure that. is marital property for divorce purposes for a defined benefit pension plan is the present value of the pension earned during the marriage. The following table shows the pension benefit earned as of June 30, 1998, adjusted for retirement at ages 57 and 62, the present value of such benefit, the "coverture fraction" and the present value of the pension earned during the marriage: Dear Mr. Smith: Conrad M. Siegel, Inc. Max J. Smith, Jr., Esq. February 19, 2002 Page 2 Retirement Pension Benefit Present Value Pension Benefit Coverture Fraction Present Value Pension Earned During Marriage Age 57 Maximum single life annuity of $3,706 $400,602 .96 $384,578 Refund of contributions plus interest & maximum single life annuity of $3,157 $409,566 .96 $393,183 Age 62 Maximum single life annuity of $3,706 $272,052 .96 $261,170 Refund of contributions plus interest & maximum single life annuity of $2,949 $279,170 .96 $268,003 The pension benefit earned as of June 30, 1998, takes into account .98 of a year of service before the date of marriage. Therefore, it is necessary to multiply the present value of the pension benefit by a "coverture fraction" in order t obtain the present value of the pension earned during the marriage. The numerator of the "coverture fraction" is 25.02 (the years of service from the date of marriage until June 30, 1998) and the denominator is 26.00 (the years of service with PSERS as of June 30, 1998). Thus, the "coverture fraction" is .96 (25.02 divided by 26.00). JOAN E. IEZZ! You provided me with the following information concerning Joan E. Iezzi: 1. Date of birth - May 12, 1951. 2. Date married - June 22, 1973. 3. Date separated - August 8, 1998. 4. Information provided by the Public School Employees' Retirement System as follows: a. Years of service - 12.52 as of June 30, 1998. Conrad M. Siegel, Inc. Max J. Smith, Jr., Esq. February 19, 2002 Page 3 b. Accumulated contributions plus interest - $24,615 as of June 30, 1998. c. Final average salary - $38,641 as of June 30, 1998. Currently, Joan E. Iezzi is 51 years of age (age nearest birthday). The Public School Employees' Retirement System is a defined benefit pension plan. The pension benefit provided upon retirement is based upon the final three-year average salary and the years of service. Normal retirement for Joan E. Iezzi is age 62. The figure that is marital property for divorce purposes for a defined benefit pension plan is the present value of the pension earned during the marriage. The following table shows the pension benefit earned as of June 30, 1998, adjusted for retirement at age 62 and the present value of the pension earned during the marriage: Pension Present Value Pension Retirement Benefit Earned During Marriage Age 62 Maximum single life $81,994 annuity of $1,008 Refund of contributions $82,863 plus interest & maximum single life annuity of $730 The pension benefit earned as of June 30, 1998, was earned during the marriage since ti~e date of marriage preceded the date of hire. The present value calculations are based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations except that mortality was not taken into account prior to the commencement of the pension. The interest rate is 5.8% per year for 25 years followed by 4.25% per year. The mortality is in accordance with the 1983 Group Annuity Mortality Table for males with this table rated six years for females. In my opinion, the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations are appropriate for the purpose of determining the present values. ~ Conrad M. Siegel, Inc. Max J. Smith, Jr., Esq. February 19, 2002 Page 4 The figures in this report take into account the legislation signed by Gov. Tom Ridge on May 17, 2001, increasing the pension multiplier from 2.0% to 2.5%. With best regards, Yours sincerely, ~.~ .t~ ~..~ ~ . Harry I~. Leister, Jr., F.S.A. Consu/l~ing Actuary HML:kad DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001 - 5988 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 23rd day of August, 2002, I, MAX J. SMITH, JR., Esquire, Attorney for Defendant, hereby certify that I have this day sent a copy of Plaintiff's Pre-Trial Statement by depositing a certified copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Pyfer & Reese Attn: John F. Pyfer, Jr., Esquire 128 North Lime Street P.O. Box 1597 Lancaster, PA 17608-1597 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 ' . , JR., Es~re I.D. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5988: Civil Term CIVIL ACTION - LAW 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 October 17, 2001. 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 ora 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 unsworn falsification to authorities. DENNIS F. IEZZI DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5988: Civil Term CIVIL ACTION, LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENfRY OF A DIVORCE DECREE UNDER §3301(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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made 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. DENNIS F. IEZZI ~' DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2001-5988 Civil Term · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSENT AND .WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Cc;de was filed on October 17, 2001. 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 statemems 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 4'904, relating to unsworn falsification to authorities. DENNIS F. IEZZI, Plaintiff VS. JOAN EM/LIE IEZZI, Defendant · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-5988 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made 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: O12303/CCS/drl/Postnuptial/Iezzi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI : : vs. : No. 2001-5988 Civil Term : In Divorce JOAN EMILIE IEZZI : PC)STNI IPTIAI. AGREEMEN.~ This Agreement is made and concluded this ] 7'/~day of _~,~~, 2003, byand between DENNIS F. IEZZI, of Berks County, Pennsylvania, (hereinafter referred to as "HUSBAND"); and JOAN EMILIE IEZZI, of Bainbridge, Lancaster County, Pennsylvania, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, and the father and mother respectively of two (2) emancipated children; and WHEREAS, unfortunate and irreconcilable differences have arisen between the parties hereto by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and WHEREAS, the said parties have agreed on a settlement of all property rights and differences existing between them; and WHEREAS, the parties hereto intend this Agreement to be a full, complete, and valid Postnuptial Agreement, providing for the absolute and final settlement of all their respective property rights and all claims for spousal support, alimony pendente lite, alimony, and counsel fees, costs and expenses; NOW, THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential part hereof, and intending: to be legally bound hereby, and for other good and sufficient consideration, the receipt whereof is hereby acknowledged, the parties being separately advised and represented by counsel, mutually agree as follows: 1. NO-VAI ~I,T DIVORCE 1JNDRR ,qECTION q~01 (c]~ OF THE DOME,qTIC RRI,ATIONS CODE OF PRNNSYI,VANIA. HUSBAND and WIFE agree that HUSBAND shall secure a no-fault divorce based upon the irretrievable breakdown of their marriage. HUSBAND and WIFE further agree to execute their respective Affidavits of Consent and Waivers under Section 3301 (c) of The Domestic Relations Code of Pennsylvania and to execute any and all other documents necessary under existing Rules of Pennsylvania Civil Procedure and local Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, in order to allow HUSBAND to file all such documents in the Court of Common Pleas of Cumberland County, Pennsylvania, to obtain a final Decree in Divorce from the Court of Common Pleas of Cumberland County, Pennsylvania. Neither HUSBAND nor WIFE shall either directly or indirectly permit the withdrawal of their respective Affidavits of Consent or of any and all other documents executed by HUSBAND and WIFE subsequent to the execution of the documents. 2. DATE OF EXECI ITION. The "date of execution" or "execution date" of this Agreement shall be 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. 3. REAl. ESTATE/E~qCROW ACCOI/NT. The parties' former marital residence has been sold, and the net proceeds from the sale of the marital real estate have been deposited into a joint Escrow Account maintained through the Bank of Lancaster County in the amount of approximately Thirty-Six Thousand Seven Hundred Fifty ($36,750.00) Dollars, including a separate down payment check in the amount of Two Thousand ($2,000.00) Dollars. The parties have agreed that the entire Escrow Account and down payment check shall be transferred in full to WIFE upon execution of this Agreement and delivery to HUSBAND'S counsel of the agreement to terminate the existing alimony pendente lite order which was entered through the Lancaster County Domestic Relations Office upon the entry of a final decree in divorce. HUSBAND'S counsel shall execute any withdrawal slips or other documents necessary to liquidate the existing escrow funds. 4. PER~qONAI. PROPERTy. The parties have heretofore divided between themselves all of their marital and non-marital personal property. Each is to retain what personal property he or she has in his or her present possession. Each does hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, he or she may have with respect to any items which are in the possession of the other. 5. MOTOR VEt-IICI,ES. The 1998 Acura CL automobile shall henceforth belong solely and exclusively to HUSBAND alone, and WIFE hereby relinquishes, remises, quitclaims, and discharges any and all interest in and to the said vehicle. HUSBAND shall be solely and exclusively responsible for the outstanding obligation with respect to the Acura vehicle and shall indemnify and save harmless WIFE with regard to any and all payments, attorney's fees, or expenses of any kind, with regard to this obligation. WIFE shall execute any title documents as requested by HUSBAND upon proof of HUSBAND'S removal of WIFE from the existing auto liability. WIFE shall retain the 1993 Mercury Villager van titled ~[n WIFE'S name and shall save and hold harmless HUSBAND with regard to any debts, liabilities, or obligations of any kind relating to the van. 6. RETIREMENT ACCO!JNTS. Both parties are participants in the PSERS Retirement System pursuant to their employment in the teaching field. Both parties have submitted their Retirement Account information to consulting actuary Harry M. Leister, Jr., for purposes of preparing a present value calculation. Pursuant to the resolution of the parties' equitable distribution claim and based upon the valuation prepared by Mr. Leister, the parties have agreed that WIFE shall retain her PSERS Retirement Plan in full and, iii addition, shall receive a specific distribution from the portion of HUSBAND'S Retirement Plan funded by HUSBAND'S contribution and interest. Specifically, the parties have agreed that WIFE shall receive the sum of Fifty-Two Thousand ($52,000.00) Dollars as of January 17, 2003, and shall receive all interest accumulated to this amount from January 17, 2003 to the date of' distribution from HUSBAND'S Account to WIFE which is anticipated to occur on or about the date of HUSBAND'S retirement. The current interest rate accruing under the contributions and interest portion of the Retirement Plan is four (4%) percent and there is no current indication that said interest rate shall be modified or amended. In the event the interest rate shall be revised by the Retirement Plan, WIFE'S accumulation shall be based upon the revised interest rate upon until the date of distribution. WIFE'S distribution shall be received in a single lump sum and shall include the principal amount of Fifty-Two Thousand ($52,000.00) Dollars,. plus accumulated interest to be withdrawn in a lump sum from HUSBAND'S contribution and interest account. WIFE'S counsel shall prepare the necessary Domestic Relations Order subject to approval by the PSERS Retirement Administrator. In the event of a dispute with regard to the language or preparation of the Domestic Relations Order, the parties shall refer the dispute, to Harry M. Leister, Jr., and shall share equally Mr. Leister's expense. With the exception of the distribution as set forth above from the contribution interest portion of HUSBAND'S Retirement Plan, HUSBAND shall retain the remainder of his Retirement Plan, including the remaining portion of the contributions and interest and the balance of the benefit funded by the Commonwealth of Pennsylvania. In addition, both parties shall retain any TSA account balances which they have accumulated. It is the understanding of both parties that both accounts have been initiated and accumulated by the respective parties subsequent to the parties' marital separation. Both parties shall execute any documents necessary to evidence a waiver of any claim to the other's respective Retirement Accounts and benefits, except as set forth under this Agreement. 7. SEPARATE ASSETS. The parties hereby agree that, as to all assets not specifically mentioned herein, including term and whole life insurance policies, which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, including any claim to death benefits, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 8. AFTER-ACQI IIRED PROPERTy. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. DIVISION OF SAVINGS AND CHECKING ACCOIFNTS. All savings and checking accounts in the joint names of HUSBAND and WIFE have been closed, and the funds deposited therein withdrawn and divided between the parties heretofore. All savings and checking accounts in the individual names of HUSBAND and WIFE shall remain the separate property of each, independent of any claims or rights of the other. 10. SPOI ISA[, SI IPPORT/AI,IMONY PENDENTE I,[TE/AI,IMONY. There is currently an Order entered through the Lancaster County Domestic Relations Section in favor of WIFE for alimony pendente lite in the amount of Three Hundred Thirty Dollars and 72/100 ($330.72) bi-weekly, which Order was effective as of June 1, 2002. The parties have agreed that pursuant to the overall terms of their economic settlement, and specifically, based upon WIFE'S receipt of the entire cash Escrow Account and HUSBAND'S assumption, payment, and release of WIFE from all marital liabilities, including joint and individual credit card obligations, as well as all educational loans, that the existing Order for alimony pendente lite shall terminate upon the entry of a final decree in divorce, which is anticipated to occur during the month of February, 2003. The termination of the Domestic Relations Order shall be subject to HUSBAND'S 6 payment of any outstanding arrearage, as well as any unreimbursed medical expenses which may be due and owing, as well as costs due to the County of Lancaster. Further, pursuant to the specific terms of the parties' Postnuptial Agreement, WIFE hereby waives any further claim to spousal support, alimony pendente lite, and/or alimony, so long as HUSBAND has fulfilled his obligation to transfer the entire cash Escrow Account to WIFE and to assume and satisfy and hold WIFE harmless with regard to all marital debts and obligations. WIFE'S waiver of the claim to further support and/or maintenance is specifically premised and in consideration of HUSBAND'S assumption of 'the marital debt. In the event that HUSBAND shall default under his obligation, WIFE is hereby specifically granted leave to petition a court of competent jurisdiction to open the alimony provisions of this settlement. HUSBAND, likewise, waives any claim which he may have with regard to spousal support, alimony pendente lite and/or alimony based upon HUSBAND'S higher income and superior earning capability. The parties further agree and understand that, upon the entry ora final decree in divorce, each shall be responsible for their own major medical and health insurance coverages and that each shall be responsible for the payment of their own unreimbursed medical bills and expenses. 11. O! ITSTANDING DV. IqTS. HUSBAND shall assume the following obligations and shall save and hold harmless WIFE from any claim or demand therefore, whatsoever. Creditor Account Number Flalance Owing First USA (WIFE'S name) 4417 1241 3810 8326 $18,458.00 (Paid by WIFE through January, 2003, a copy of which statement is attached hereto as part of Exhibit "A') Capital One (WIFE'S name) 4305-7218-2742-9346 $ 2,667.00 (Paid by WIFE through January, 2003, a copy of which statement is attached hereto as part of Exhibit "A") 7 Capital One Capital One " Sallie Mae Education Loans (2) U.S. Department of Education Loans (3) Knight Tuition Plan Loan Vehicle loan for Acura $ 9,881.00 $ $ 9,888.00 $19,341.00 $ $ The parties hereto specifically agree that HUSBAND'S assumption of the instant obligations is in lieu of on-going spousal support, maintenance, or alimony obligations, and accordingly, HUSBAND'S obligation to save and hold harmless WIFE with regard to these liabilities shall not be subject to discharge in the event of bankruptcy filing on behalf of HUSBAND. Said payments by HUSBAND are specifically in the nature of spousal support and/or maintenance and are in lieu of an on-going alimony obligation. HUSBAND further agrees and understands that the payments required under this paragraph must be made and satisfied in a timely fashion so that WIFE'S credit rating shall not be adversely impacted. In the event that WIFE shall, nonetheless, be required to make payment upon any of the above obligations despite HUSBAND'S assumption of these liabilities, WIFE shall be entitled to recover all said payments pursuant to the initiation and re-opening of her alimony claim under the above paragraph 10. 12. BREACH. If either party hereto breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue :for damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other party in enforcing his or her rights under this Agreement. 13. WAIVER OF PENNSYI,VANIA DIVORCE CODE RIGHTS, All property set apart herein either now or in the future as the separate property of either HUSBAND or WIFE and all property now owned by or titled to HUSBAND or WIFE individually and all property acquired by HUSBAND or WIFE individually at anytime after the execution of this Agreement shall remain the separate property of HUSBAND or WIFE and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania "Divorce Code" and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property' be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a valid Agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Pennsylvania Divorce Code. 14. DISCI,OSI IRE. Each of the parties hereto agrees that he or she has made a full and complete disclosure to the other of all assets and liabilities whether joint or individual of each party and each party further acknowledges that he or she is satisfied that such complete disclosure has been made. 15. INCOR POS A TION 1N .II IDGMENT FORDIVOR(2E." In the event either HUSBAND or WIFE at any time hereafter obtains a divorce in the cause presently or hereafter pending between them, this Agreement and all of its provisions may be incorporated for the purposes of enforcement only, but not merged, into any such judgment for divorce, either directly or by reference. The Court on entry of the judgment for divorce shall retain the right to enforce the provisions and the terms of the Agreement. 9 16. COl 1NSEI, FEES. Each party hereto agrees to be responsible for his or her own legal fees and expenses. 17. PERSONAI~ RIGI-tTS, Each party shall be free from all interference, authority, and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither party shall disturb, malign, or molest the other, or compel or endeavor to compel the other to cohabit or dwell with him or her, or to interfere with the occupation, friendships, society, or acquaintances which either of the parties hereto may choose to have from this day forward. 18. EXECI ITION OF DOCI IMFNTS. Each party shall, upon the reasonable request of the other party or his or her designees, promptly make, execute and deliver any papers, documents and instruments and perform such acts as may be reasonably necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement and to carry out the intent of the parties as expressed herein. 19. PARTIAl, INVAI,IDITY, If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 20. WAIVER OF FSTATF, CI,AIMR. Each party hereby waives, releases, and relinquishes any and all rights that he or she may now have, or hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction, including, but not limited to, the following: (A) To elect or take against any will or codicils of the other party, now or hereafter in force. (B) To share in the other party's estate in the case of intestacy. (C) To act as executor or administrator of the other party's estate. l0 21. SITI_. L~. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 22. CONSTR[ ICTION. This Agreement shall not be construed against either party as the party preparing it, it being agreed that both parties have participated fully in the preparation thereof. 23. 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. 24. REPRESENTATION. Each party acknowledges that this Agreement has been entered into freely and voluntarily with full knowledge of the facts and full information as to the legal rights and liabilities of each (having been advised by his or her individual attorney, Pyfer & Reese in the case of WIFE, and Max J. Smith, Jr., Esquire, in the case of HUSBAND), and that each hereby certifies that he or she has fully read this Agreement, understands the same and believes the same to be reasonable under the circumstances. 25. BIND1NG EFFECT. The terms, provisions and conditions of this Agreement shall be binding upon any and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. 26. MC)DIFICATION AND WAIVER, A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to :insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. ENFORCEMENT. The parties hereto agree that the provisions of this Agreement may be entered and enforced by an appropriate court order at the action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arises. 28. P! IR POUF,. This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations or agreements, oral or written of any nature whatsoever, other than those herein contained. The provisions of this Agreement are intended to consider, determine, and distribute all of the assets of the parties hereto as a part of the terms of this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property and rights, except with regard to matters which may be specifically subject to further review and consideration under the terms of this Agreement. This Agreement is not intended to be a mere Separation Agreement. 29. INTENTION. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon the heirs, personal representati'~ves and assigns of the respective parties hereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 12 This Agreement is executed in duplicate, and in counterparts, and HUSBAND and WIFE, as parties hereto, acknowledge the receipt of a duly executed copy hereof, and acknowledge that each copy shall constitute an original. Witnesses: Dennis F. Iezzi .-. ~9t~n Emilie,~zi 3.3 · : On this, thc~ day of ~/~b'O~ ,2003, before me, a Notary Public, the undersigned officer, personally appeared DENNIS F. IEZZI, lan.own to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. ~ SEAL I~IuC~LL.~ E..L._LI~I~ ~IOTARY PUflLIC ~~i~'~'~[~ .... u,~ I ......... ~a~e~ JUNE g, ~0~ COMMONWEALTH OF PE~SYLVAN[A COUNTY OF LANCASTER /1 On this, the /~'4ay of Notary Public SS: ,2003, before me, a Notary Public, the undersigned officer, personally appeared JOAN EMILIE IEZZI, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I haveJ~ell'ffrcrset my hand and notarial seal. NbTARIAL ,SEAL i Troup~er Fi. Wilkinson, Notary Publlo Lancaster City, Lancaster County, PA My Commission Expires April 24, 2004, 14 · CapitalOne' Account Summa~ Previous Balance Payments, Credits and Adjustments Transactions Finance Charges New Balance Minimum Amount Due Payment Due Date Total Credit Line Total Available Credit Credit Line for Cash Available Credit for Cash $2,667.98 $47.00 $25.00 $21.77 $2,667.75 $59.OO January 11, 20(}3 $7,300 $4,632.25 $1,460 $1,460.00 At your sen, icc To cnll Customer Rel~fiom or to report a lost or stolen card: 1-800-955-7070 For free online account se,vice and spodal customer often, log on to: www. capitalone, corn Send payment~ to: Send inqu~ to: Attn: Remittance Proccsfin8 Capital Onc Serviced Capital One Se. triced P.O. Box $5147 P.O. Box 85015 Richmond, VA 23276 Richmond, VA 23285-501S PLATINUM VISA ACCOUNT 4305-7215-2742-9346 NOV 13 - DEC 12, 2002 Page 1 of 1 Pa~yments, Credits and Adjustments 1 II DEC PAYMENT RECEIVED - THANK YOU $47.00 Your ~cheduled payment has not been received. Please remit the amount due appearing on this ~tatement. If you have already made your payment, please accept our thanks. Transactions 2 12 DEC PASTDUEFEE You were assessed a past due fee of $25.00 on 12/12/2002 because your minimum payment was not received by the due date of 12/12/2002. $25.00 Important Account Information It's Capital One Bowl Week time again! Tune in to ESPN, ESPN2, and ABC starting December 17 for the best in post-sea,on college football action, to see your favorite teams fight for bowl championships, and for college football's ultimate prize: the BCS National Championship. And on New Year's Day, be ~ure to tune in to ABC to watch the Capital One Bowl live from Orlando, Florida: Finance Charges Ple, ue see reverse ,ide for imIwrt,,nt information PURCHASES $2,675.36 .02712% 9.90% $2t.77 CASH $.00 .05425% 19.$~ $.00 ANNUAL PERCENTAGE RATE applied this period 9.90% CapitalOne' · PLEASE RETURN PORTION BELOW WITH PAY'MENT. · 0000000 0 4305721827429346 12 2667750047000059005 New Balance $2.667.75 Minimum Amount Due $59.00 Payment Due Date January 11, 2003 Total enclosed $ [ [ Acco u nt Number: 4305 -7218- 2742 - 9346 P/ease pr;nt malting ad, bess an,t/or e-mall changes b,'lo~o using blue or blac~ ink. e"L' . . City State ZiP ,,~ g ,// Home Phor,e .~ternat~ Phone Em~ Ad&e:: Capltal One Bank Richmond, VA 2.5276 ~ -,, #90.56714784258088# MAIL ID NUMBER EMILIE IEZZI PO BOX 21 BAINBRIDGE PA 17502-0021 V Please wrlte your acco,tnt number o,, your check or money order ,na.le;ayable to Capital O,,e Bank and mail i,, the enclosed ,',t.z, eloi~,: New Balance. Payment Due Date <~.~$18,~..58.31 ..5 - 01/03/03 I Amount Enclosed I$ I Past Due Amount Minimum Payment $0.00 $369.00 IMake your check payable to First USA Bank, N~.. New address or e-mall? Print on back PII 'I FIRST USA BANK, NA P.O. BOX 15153 WILMINGTON DE 19886-5153 h,,llhM,,hh,Mh,,hh,,,Ihhh,,Ih,hh,,IMM 441712413810832600036900018458315 EMILIE F IEZZI ~ ~ ~~L~ PO BOX 21 BAINBRIDGE PA 17502-0021 h,,llh,,hhhlh,,,,hllh,,Ih.,,hh,,IM,h,,llhh,I ': SOO0 ~,r,O 2P,~: 22 ;].h ~.38 ~0832~ ~,1,' Statement Date: 11/09/02.12/09/02 ~ d Payment Due Date: 01/03/03 ·c ar Minimum Payment Due: $369.00 .......... ;~;.,.;,;: ! VISA ACCOUNT SUMMARY Account Number: 4417 1241 3810 8326 CUSTOMER SERVICE In U.8. 1-800-677-7101 Espahol 1-888-446.3308 TDD 1-800-955-8060 Outside U.S. call collect 1-302-594-8200 Previous Balance $18,683.04 Total Credit Une $27,000 ACCOUNTINQUIRIES Payments, Credits - $373.00 Available Credit $8,541 P.O. ~x ass0 Purchases, Cash, Debits + $0.00 Cash Access Une $5,400 Wilmington, DE 19a99-8650 Finance Charges + $148.27 Available for Cash $5,400 PAYMENTADDRES$ New Balance $18,458.31 P.O. Box 15153 Wilmington. DE 19886-5153 VISIT US AT: www.li~mtu-a.eom ECARD REWARDS SUMMARY ECARD REBATE: $ . O0 TRANSACTIONS Trans Amount Date Reference Number Merchant Name or Transa~on Description Credit Debit 11/25 7441712NT016JSFFP PAYMENT - THANK YOU $373.00 12/09 *FINANCE CHARGE* 107.29 2135446 FINANCE CHARGES Daily Periodic Rate Corresponding APR Category 31 days In cycle PERIODIC RATE(S) AND APR(S) MAY VARY Average Daily Balance Previous Cycle Current Cycle FINANCE CHARGES JanuaD' 23, 2003 Mr. Dennis Iezzi A-6 700 Union Street Birdsboro, PA 19508 RE: Achiever Loan Account # E 1894-1771'7-01 Student: Casey Iezzi Dear Mr. Iczzi: This will acknowledge your recent request regarding the above-referenced account. Below is the account statement you requested which summarizes the total payments received and how they have been applied to this account fmrn its inception to the present date. Cllh P&~ntm r.ctived durin~ the Deriod~ (07/20/94 Tot=l of P&~nts received ........... $ Principal aep&id ................ $ In=eres= D&id for period ............ $ L,tl ind Ot~.r ~rges ............. Fees Paid ................... $ Lilt P~nt D.~e ............... LO~S A~v~ce~ (~or the period) ......... $ Princip&l Bil~nce (no= & ~ayo~ ~i~ur~) ..... ~¢~e~ Inheres= (prior month end) ....... ~o 01/23/03) g,75~.67 4,021.12 5,678.55 0.00 0.00 5~.00 12/31/0~ 9,180.00 5,158.88 0.89 I.[ you have any other questions regarding your account, please contact our office at $00'- KEY-LEND (539-5363), ext. 6408 or the address indicated above. Sincerely, Key Education Resources KERJms DENNIS F. IEZZI, Plaintiff vs. JOAN EMILIE IEZZI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01 - 5988 CIVIL IN DIVORCE ORDER OF COURT 2003, the economic claims raised in the proceedings having been resolved in accordance with a postnuptial agreement dated March 17, 2003, 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. BY THE COURT, cc: Max J. Smith, Jr. Attorney for Plaintiff John F. Pyfer, Jr. Attorney for Defendant DENNIS F. IEZZI, Plaintiff VS. JOAN EMILIE IEZZI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-5988 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 raider 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 October 26, 2001. 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 March 2, 2003 ; by Defendant March 17, 2003 (b)(1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the .; (2) date of service of the Plaintiff's affidavit upon the Divorce Code: Defendant: 4. Related claims pending: None Attorney for (X) Plaintitl ( ) iDefendant 012303/CC S/drl/Postnuptial/Iezzi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI : : vs. : No. 2001-5988 Civil Term : In Divorce JOAN EMILIE IEZZI : PO~qTNI ~PTIAI, AGREEMENT This Agreement is made and concluded this ]7']~dayof .'-,~'//~-~, 2003, byand between DENNIS F. IEZZI, of Berks County, Pennsylvania, (hereinafter referred to as "HUSBAND"); and JOAN EMILIE IEZZI, of Bainbridge, Lancaster County, Pennsylvania, (hereinafter referred to as "WIFE"). WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, and the father and mother respectively of two (2) emancipated children; and WHEREAS, unfortunate and irreconcilable differences lnave arisen between the parties hereto by reason of which continued cohabitation as HUSBAND and WIFE has been rendered impossible; and WHEREAS, the said parties have agreed on a settlement of all property, rights and differences existing between them; and WHEREAS, the parties hereto intend this Agreement to be a full, complete, and valid Postnuptial Agreement, providing for the absolute and final settlement of all their respective property rights and all claims for spousal support, alimony pend, ente lite, alimony, and counsel fees, costs and expenses; NOWi THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed as an essential Part hereo£ and intending to be legally bound hereby, and for other good and sufficient consideration, the receipt whereof is hereby ac'knowledge& the parties being separately advised and represented by counsel, mutually agree as follows: 1. NO-FAI II,T DIVORCE 1 }'NDER SECTION 3301 (c) OF THE DOME~qTIC REI,ATIONS CODF OF PENNSYI.VANIA. HUSBAND and WIFE agree that HUSBAND shall secure a no-fault divorce based upon the irretrievable breakdown of their marriage. HUSBAND and WIFE further agree to execute their respective Affidavits of Consent and Waivers under Section 3301(c) of The Domestic Relations Code of Pennsylvania and to execute an3' and all other documents necessary under existing Rules of Pennsylvania Civil Procedure and local Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, in order to allow HUSBAND to file all such documents in the Court of Common Pleas of Cumberland County, Pennsylvania, to obtain a final Decree in Divorce from the Court of Common Pleas of Cumberland County, Pennsylvania. Neither HUSBAND nor WIFE shall either directly or indirectly permit the withdrawal of their respective Affidavits of Consent or of an3' and all other documents executed by HUSBAND and WIFE subsequent to the execution of the documents. 2. DATF OF FXF, CI }TION. The "date of execution" or "execution date" of this Agreement shall be 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 2 date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. REAl. ESTATE/ESCROW ACCOI/NT. The parties' former marital residence has been sold, and the net proceeds from the sale of the marital real estate have been deposited into a joint Escrow Account maintained through the Bank of Lancaster County in the amount of approximately Thirty-Six Thousand Seven Hundred Fifty ($36,750.00) Dollars, including a separate down payment check in the amount of Two Thousand ($2,000.00) Dollars. The parties have agreed that the entire Escrow Account and down payment check shall be transferred in full to WIFE upon execution of this Agreement and delivery to HUSBAND'S counsel of the agreement to terminate the existing alimony pendente lite order which was entered through the Lancaster County Domestic Relations Office upon the entry of a final decree in divorce. HUSBAND'S counsel shall execute anv withdrawal slips or other documents necessary to liquidate the existing escrow funds. 4. PER.qONAI. PROPERTY. The parties have heretofore divided between themselves all of their marital and non-marital personal property. Each is to retain what personal property he or she has in his or her present possession. Each does hereby specifically waive, release, renounce, and forever abandon whatever claims, if any, he or she may have with respect to any items which are in the possession of the other. 5. MOTOR VEl-IICI,ES. The 1998 Acura CL automobile shall henceforth belong solely and exclusively to HUSBAND alone, and WIFE hereby relinquiishes, remises, quitclaims, and discharges any and all interest in and to the said vehicle. HUSBAND shall be solely and exclusively responsible for the outstanding obligation with respect to the Acura vehicle and shall indemnify and save harmless WIFE with regard to any and all payments, attorney's fees, or expenses of any kind, with regard to this obligation. WIFE shall execute any title documents as requested by HUSBAND upon proof of HUSBAND'S removal of WIFE from the existing auto liability. WIFE shall retain the 1993 Mercury Villager van titled in WIFE'S name and shall save and hold harmless HUSBAND with regard to any debts, liabilities, or obligations of any kind relating to the van. 6. RETIREMENT ACCOI INTR. Both parties are participants in the PSERS Retirement System pursuant to their employment in the teaching field. Both parties have submitted their Retirement Account information to consulting actuary Harry M. Leister, Jr., for purposes of preparing a present value calculation. Pursuant to the resolution, of the parties' equitable distribution claim and based upon the valuation prepared by Mr. Leister, the parties have agreed that WIFE shall retain her PSERS Retirement Plan in full and, in addition, shall receive a specific distribution from the portion of HUSBAND'S Retirement Plan funded by HUSBAND'S contribution and interest. Specifically, the parties have agreed that WIFE shall receive the sum of Fifty-Two Thousand ($52,000.00) Dollars as of January 17, 2003, and shall receive all interest accumulated to this amount from Januao' 17, 2003 to the date of distribution from HUSBAND'S Account to WIFE which is anticipated to occur on or about the date of HUSBAND'S retirement. The current interest rate accruing under the contributions and interest portion of the Retirement Plan is four (4%) percent and there is no current indication that :',aid interest rate shall be modified or amended. In the event the interest rate shall be revised by the Retirement Plan, WIFE'S accumulation shall be based upon the revised interest rate upon until the date of distribution. WIFE'S distribution shall be received in a single lump sum and shall include the principal amount of Fifty-Two Thousand ($52,000.00) Dollars, plus accumulated interest to be withdrawn in a lump sum from HUSBAND'S contribution and interest account. WIFE'S counsel shall prepare the necessary Domestic Relations Order subject to approval by the PSERS Retirement Administrator. In the event of a dispute with regard to the language or preparation of the Domestic Relations Order, the parties shall refer the dispute: to Harry M. Leister, Jr., and shall share equally Mr. Leister's expense. With the exception of the distribution as set forth above from the contribution interest portion of HUSBAND'S Retirement Plan, HUSBAND shall retain the remainder of his Retirement Plan. including the remaining portion of the contributions and interest and the balance of the benefit funded by the Commonwealth of Pennsylvania. In addition, both parties shall retain any TSA account balances which they have accumulated. It is the understanding of both parties that both accounts have been initiated and accumulated by the respective parties subsequent to the parties' marital separation. Both parties shall execute any documents necessary to evidence a waiver of any claim to the other's respective Retirement Accounts and benefits, except as set forth under this Agreement. 7. SEPARATE AS.qETS. The parties hereby agree that. as to all assets not specifically mentioned herein, including term and whole life insurance policies, which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the part)' not having title thereto or possession thereof hereby waives. releases, relinquishes and forever abandons any and all claims therein, including any claim to death benefits, and acknowledges that the part)' having title or possession of such items shall be the sole and exclusive owner thereof. 8. AFTFR-ACQI HRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 9. DIVISION OF SAVINGS AND CHECKING ACC¢~I INTS. All savings and checking accounts in the joint names of HUSBAND and WIFE have been closed, and the funds deposited therein withdrawn and divided between the parties heretofore. All savings and checking accounts in the individual names of HUSBAND and WIFE shall remain the separate property of each, independent of any claims or rights of the other. 10. SPOI lSAT, .ql ~PPORT/AI,IMONY PENDENTE f,ITE/AI,TMON¥. There is currently an Order entered through the Lancaster County Domestic Relations Section in favor of WIFE for alimony pendente lite in the amount of Three Hundred Thirty Dollars and 72/100 ($330.72) bi-weekly, which Order was effective as of June 1,2002. The parties have agreed that pursuant to the overall terms of their economic settlement, and specifically, based upon WIFE'S receipt of the entire cash Escrow Account and HUSBAND'S assumption, payment, and release of WIFE from all marital liabilities, including joint and individual credit card obligations, as well as all educational loans, that the existing Order for alimony pendente lite shall terminate upon the entry of a final decree in divorce, which is anticipated to occur during the month of February, 2003. The termination of the Domestic Relations Order shall be subject to HUSBAND'S payment of any outstanding arrearage, as well as any unreimbursed medical expenses which may be due and owing, as well as costs due to the County of Lancaster. Further, pursuant to the specific terms of the parties' Postnuptial Agreement, WIFE hereby waives any further claim to spousal support, alimony pendente lite, and/or alimony, so long as HUSBAND has fulfilled his obligation to transfer the entire cash Escrow Account to WIFE and to assume and satisfy and hold WIFE harmless with regard to all marital debts and obligations. WIFE'S waiver of the claim to further support and/or maintenance is specifically premised and in consideration of HUSBAND'S assumption of the marital debt. In the event that HUSBAND shall default under his obligation, WIFE is hereby specifically granted leave to petition a court of competent jurisdiction to open the alimony provisions of this settlement. HUSBAND, likewise, waives any claim which he may have with regard to spousal support, alimony pendente lite and/or alimony based upon HUSBAND'S higher income and superior earning capability. The parties further agree and understand that, upon the entry of a final decree in divorce, each shall be responsible for their own major medical and health insurance coverages and that each shall be responsible for the payment of their own unreimbursed medical bills and expenses. 11. Ol }'TSTANDING DEBTS. HUSBAND shall assume the following obligations and shall save and hold harmless WIFE from any claim or demand therefore, whatsoever. Creditor Account Number Balance Owin.o First USA (WIFE'S name) 4417 1241 3810 8326 $18,458.00 (Paid by WIFE through January. 2003. a copy of which stateme~t is attached hereto as part of Exhibit "A") Capital One (WIFE'S name) 4305-7218-2742-9346 $ 2,667.00 (Paid by WIFE through January. 2003, a copy of ~vhich statement is attached hereto as part of Exhibit "A") ? Capital One Capital One ' Sallie Mae Education Loans (2) U.S. Department of Education Loans (3) Knight Tuition Plan Loan Vehicle loan for Acura $ 9,881.00 $ $ 9,888.00 $19,341.00 $ $ The parties hereto specifically agree that HUSBAND'S assumption of the instant obligations is in lieu of on-going spousal support, maintenance, or alimony obligations, and accordingly, HUSBAND'S obligation to save and hold harmless WIFE with regard to these liabilities shall not be subject to discharge in the event of bankruptcy filing on behalf of HUSBAND. Said payments by HUSBAND are specifically in the nature of spousal support and/or maintenance and are in lieu of an on-going alimony obligation. HUSBAND further agrees and understands that the payments required under this paragraph must be made and satisfied in a timely fashion so that WIFE'S credit rating shall not be adversel:~ impacted. In the event that WIFE shall, nonetheless, be required to make payment upon any of the above obligations despite HUSBAND'S assumption of these liabilities, WIFE shall be entitled to recover all said payments pursuant to the initiation and re-opening of her alimony claim under the above paragraph 10. 12. lql~EACH. If either party hereto breaches any provision hereof, then the non- breaching party shall have the right, at his or her election, to sue l?or damages for said breach, or seek such other remedies or relief as may be available to him or her, and the defaulting party shall be responsible for payment of all legal fees and costs incurred by the other part3' in enforcing his or her rights under this Agreement. 13. WAIVER OF PFNNSYI.VANIA DIVORCF CODF RIGHTS. All property set apart herein either now or in the future as the separate property of either HUSBAND or WIFE and all properD' now owned by or titled to HUSBAND or WIFE individually and all property acquired by HUSBAND or WIFE individually at anytime after the execution of this Agreement shall remain the separate property of HUSBAND or WIFE and shall under no circumstances be considered as or deemed to be or construed to be "marital property" as that term is used in the Pennsylvania "Divorce Code" and such property shall expressly not be subject to equitable distribution nor shall any appreciation in value of such property be subject to equitable distribution. This Agreement shall be deemed to be and construed to be a valid Agreement for the purpose of waiving the provisions concerning equitable distribution as that term is used in the Pennsylvania Divorce Code. 14. D[qCI.O~qIIRE. Each of the parties hereto agrees that he or she has made a full and complete disclosure to the other of all assets and liabilities whether joint or individual of each party and each party further acknowledges that he or she is satisfied that such complete disclosure has been made. 15. 1NCORPOR ATION IN Jl }DGMENT FOR DIVOR(-~E. In the event either HUSBAND or WIFE at any time hereafter obtains a divorce in the cause presently or hereafter pending between them, this Agreement and all of its provisions may be incorporated for the purposes of enforcement only, but not merged, into any such judgment for divorce, either directly or by reference. The Court on entry of the judgment for divorce :;hall retain the right to enforce the provisions and the terms of the Agreement. 16. COl INSEI, FEES. Each party hereto agrees to be responsible for his or her own legal fees and expenses. 17. PERSONAl, RIGI-ITS. Each party shall be free from all interference, authority, and control, direct or indirect, by the other, as fully as if he or she were single and unmarried. Neither party shall disturb, malign, or molest the other, or compel or endeavor to compel the other to cohabit or dwell with him or her, or to interfere with the occupation, friendships, society, or acquaintances which either of the parties hereto may choose 'to have from this day forward. 18. EXECI ITION OF DOCI ~MENTS. Each party shall, upon the reasonable request of the other party or his or her designees, promptly make, execute and deliver any papers, documents and instruments and perform such acts as may be reasonably necessary or desirable for the purpose of giving full force and effect to the provisions of this Agreement and to carry out the intent of the parties as expressed herein. 19. PARTIAl, INVAI,IDITY. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 20. WAIVER OF ESTATE CLAIMS. Each party hereby waives, releases, and relinquishes any and all rights that he or she may now have, or hereafter acquire as the other party's spouse under the present or future laws of any jurisdiction, including, but not limited to, the following: (A) To elect or take against any will or codicils of the other party, now or hereafter in force. (B) To share in the other party's estate in the case of intestacy. (C) To act as executor or administrator of the other party's estate. 21. SITI)'S. This Agreement shall be construed and governed in accordance with the laws of the COmmonwealth of Pennsylvania. 22. CON~qTRI ICTION. This Agreement shall not be construed against either party as the party preparing it, it being agreed that both parties have participated fully in the preparation thereof. 23. 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. 24. REPRE.qENTATION. Each part3,' ac'knowledges that this Agreement has been entered into freely and voluntarily with full 'knowledge of the facts and full information as to the legal rights and liabilities of each (having been advised by his or her individual attorney, Pyt'er & Reese in the case of WIFE, and Max J. Smith, Jr., Esquire, in th,,= case of HUSBAND), and that each hereby certifies that he or she has fully read this Agreement, understands the same and believes the same to be reasonable under the circumstances. 25. BINDING EFFECT. The terms, provisions and conditions of this Agreement shall be binding upon an)' and all of the heirs, executors, administrators, successors or assigns of either of the respective parties hereto, except as otherwise herein provided. 26. MODIFICATION AND WAIVER. A modification ,ar 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 i!nsist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 27. FNFOI~CFMI~NT~ The parties hereto agree that the, provisions of this Agreement may be entered and enforced by an appropriate court order at the: action of the entitled party and against the obligated party, as the case may be, in the instance in question, when any problem arises. 28. Pl ~'RPOSV.. This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations or agreements, oral or written of any nature whatsoever, other than those herein contained. The provi:sions of this Agreement are intended to consider, determine, and distribute all of the assets of the parties hereto as a part of the temps of this Postnuptial Agreement. This Agreement is intended by the parties hereto to be a valid Postnuptial Agreement, providing for the absolute and final settlement of their respective property and rights, except with regard to matters which may be specifically subject to further review and consideration under the terms of this Agreement. This Agreement is not intended to be a mere Separation Agreement. 29. INTENTION. Each of the parties hereto intends to be legally bound hereby, and this Agreement shall be binding upon the heirs, personal representatives and assigns of the respective parties hereto. IN WITNESS WHEREOF. the parties hereto have set thei.r hands and seals the day and year first above written. 12 This Agreement is executed in duplicate, and in counterparts, and HUSBAND and WIFE, as parties hereto, acknowledge the receipt of a duly executed copy hereof, and acknowledge that each copy shall constitute an original. Witnesses: Dennis F. Iezzi ~) _ ~q~n Emilie~zi F-2'd~) ' COMMONWEALTH OF PENNSYLVANIA · COUNTY OF ,~t-cf)klv,' i SS: On this, the~/'', day of ti'~Jb'~ ,2003, before me, a Notary Public, the undersigned officer, personally appeared DENNIS F. IEZZI, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within Postnuptial Agreement, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal. .IilCHELLE ELLIOT NOTARy PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF LANCASTER On this, the / ~4ay of Notary Public SS: ,2003, before me, a Notary Public, the undersigned officer, personally appeared JOAN EMILIE IEZZI, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within F'ostnuptial Agreement, and acknowledged that she executed the same for the purposes therein contained. iN WITNESI WHEREOF, I have~.t my hand and no.tarial seal. .... '"' NOTARIAL SEAl. Troupler R. Wilkinson, Notary Publlo Lancaster City, Lancaster County, PA My Commission Expires April 24, 2004 3.4 EXHIBIT A AccOunt Sun~ma~ Previous Balance $2,667.98 Payments, Credits and Adjustments $47.00 Transactions $25.00 Finance C barges $21.77 New Balance $2,667.75 Minimum Amount Due $59.00 Payment Due Date January 11, 2003 Total Credit Line $7,300 Total Available Credit $4,632.25 Credit Line for Cash $1,460 Available Credit for Cash $l,460.00 At your service To call Customer Rehtiom or to report z lost or stolen card: 1-800-955-7070 [:'or free online account service and spedal outomer often, log on to: www. capitalone, com Send payrnent~ to: S~d inq~ to: Ann: Remimnc~ Proc~s~ Capitfl One S~ic~ Ca~t~ One S~ic~ P.O. Box 85147 P.O. B~ 85015 ~mond, VA 23276 ~mond, VA ~285-5015 PLATINUM VISA ACCOUNT 4305-7218-2742-9346 Pa~rments, Credits ahd Ad, justments 1 11 DEC PAYMENT RECEIVED - THANK YOU NOV 13 - DEC 12, 2002 Page I of I ~7.00 Your scheduled payment has not been received. Please remit the amount due appearing on this statement. If you have already made your payment, please accept our thanks. Transactions 2 12 DEC PAST DUE FEE You were assessed a past due fee of $25.00 on 12/12/2002 because your minimum payment was not received by the due date of 12/12/2002. ' $25.00 ]ml~ortant Account lnfonnation IFs Capital One Bowl Week time again! Tune in to ESPN, ESPN2, and ABC starting December 17 for the best in post-season college football action, to see your favorite teams fight for bowl championships, and for college football's ultimate prize: the BCS National Championship. And on New Year's Day, be sure to tune in to ABC to watch the Capital One Bowl live from Orlando, Florida! Finance Charges Please see reverse sid,. for imaOortant information a/plied to rate ."~P~ g IX 1~ k.~ E, PURCHASES $2,675.36 .02712,o 9.90% $21.77 CASH $.00 .05425% 19.80% $.00 ANNUAL PERCENTAGE RATE ap, plied this period 9.90% CapitalO ¢' · 0000000 0 PLEASE RETURN PORTION BELOW WITH PA3.~IENT. · New Balance $2,667.7~ Minimum Amount Due $59.00 4305721827429346 12 2667750047000059005 P/,'aseprint ma,'li,,g address an,l,~r e-mai/d, anges &.lo~ using b/u,. ~r bla,-4 ink Payment Due Date January 11, 2003 Total enclosed $ [ j Account Number: 4305-7218-2742-9346 ~'L, . . City State ZiP ~ .g ../ AIterr, ate Phone Email Addre:~ Capital One Bank ~ RJ. chmond~ VA 25276 ,~ ', I II II III III !1 II II II II II II I ~" #905ei71~78~4258088~t MAIL ID NUMBER EMILIE IEZZI PO BOX 21 BAINBRIDGE PA 17502-0021 I,,,lll,,,I,l,l,lh,,,,I,IIl,,,ll,,,,,hh,,Ih,l,h,,lll,l,,I P/ease write your acco,hr number on your chec~ or money ord~'r ma,'l,'.Pavable to Ca],ital One Bank and mail in the enclos,'d ,'n :,,'lop,'. V Ne.w_B~_.~_la. nc_~ Payment Due Dale (.'."$18fi58.~1. :' *' 01/03/03 i Amount Enclosed I$ I Past Duo Amount Minimum Payment $0.00 $369.00 JMako your check payable t~ First USA Bank, N~.. New address or e-mail? Print on back FIRBT UBA BANK, NA P.O. BOX 15153 WILMINGTON DE 19886-5153 h.llhh,h,hh,h,lh,,hh,,,Ihhh,,Ih,hh,,Ih.lh,I 441712413810832600036900018458315 EMILIE F IEZZI ( PO BOX 21 BAINBRIDGE PA 17502-0021 h,,llh,,hhhlh,,.hllh,,Ih,,,,hh,,Ih,hh.llhh,I m.' SO00 &FaO 2~'-' 22 .card ........ . VISA ACCOUNT SUMMARY Statement Dale: 11/09/02.12/09/02 Payment Due Date: 01/03/03 Minimum Payment Due: $369.00 Account Number: 4417 1241 3810 8326 CUSTOMER SERVICE Itl U.S. 1-800-677-7101 Espahol 1-888-446-3308 TDD 1-800-955-8060 G, ulside U.S. call collect 1-302-594-8200 Previous Balance $18,683.04 Total Credit Uno $27,000 ACCOUNT INQUIRIES pnymenta, Credits - $373.00 Available Ore<lit $8,541 P.O. Box ass0 Purchases, Cash, Debile + $0.00 Gash Access Line $5,400 wilmington, DE 19899-8650 Finance Charges + $148.27 Available for Gash $5,400 PAYMENTADDRE$S New Balance $18,458.31 P..o. Box 15153 W~lminglon. DE 1gB86-5153 VISIT US AT: www.litelul,,.eom ECARD REWARDS SUMMARY ECARD REBATE: $ . O0 TRANSACTIONS Trane Amount Dale Reference Number Memhant Name or Transaction Description Credit Debit 11/25 7441712NTO16JSFFP PAYMENT- THANK YOU $373.00 12/09 'FINANCE CHARGE* 107.29 Z135666 FINANCE CHARGES Daily Periodic Rate Category 31 day. in oycle Corresponding APR PERIODIC RATE(S) AND APR(S) MAY VARY Average Daily Bale, nco Previous Cycle Current Cycle FINANCE CHARGES I II I I I _ I .l'anua~' 23, 2003 Mr. Dennis Iezzi A-6 700 Union Street Birdsboro, PA 19508 RE: Achiever Loan Account # E 1894-1771'7-01 Student: Casey Iezzi Dear N'h-. Iczzi: This will acknowledge your recent request regarding the above-referenced account. Below is the account statement you requested which summarizes the total payments received and how they have been applied to this account from its inception to the present date. Ca.h Pa~mente reo,ived ~uring =ha pe=io~t (07/20/94 Total of Paym~n~m receive~ ........... $ Principal aepaid ................ $ Inheres= paid for period ............ Late and O~er Charges ............. $ Insur&nce prem&ums paid ............ Fees Paid ................... $ Last Payment Da~e ............... Loans Advanced (~or the peri~) ......... Principal Balmnce (no= a payoff fi~r~) ..... ~c~e~ In~er~ (~rior ~nth =o 01/23/03) 9,75A.67 4,021.12 5,678.55 0.00 0.00 5~.00 12/31/02 9,180.00 5,158.88 O.B9 II- you have any other questions regarding your account, please contact our office at 800- KEY-LEND (539-5363), ext. 6408 or the address indicated above. S~ncerely, Key Education Resources KERJms I ;t IN The court OF COIVlIVION PLEAS OF CUMBERLAND COUNTY STATE OF ,~ PE:'NNA. DENNIS F. IEZZI, Plaintiff Versus f~ ;:~ .... q0~,_._~_!_~_!_~_._!~_Z_Z~, ................................... I~ ............................... De fenOa._nt .............. I~ DECREE IN ~ ~.D I V O R C 1: ~j:q~ ~.~. ~ AND NOW .......... [ ............~. 2Ja03, it is ordered and ~ decreed that ..........p.~..:[.s..~;..~.s.z.z..~ ...................... plaintiff, and ...........q.o?.~...~.~.z.~..z.~..z.~..~.~.z. ......................... , defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; Postnuptial Agreement dated 17 March 2003, is hereby incorporated into the Final Divorce Decree.. Ar~ '1 ~ zulJ3 012303/CCS/drl/Support/Iezzi IN THE couRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI ' VS. JOAN EMILIE IEZZI · No. 2001-5988 Civil Term in Divorce STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" Iezzi, Plaintiff, and Joan Emilie Iezzi, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Dennis F. Iezzi (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, Public School Employes' Retirement System (hereinafter referred to as "PSERS"). 2. PSERS, as a creature of statute, is controlled by the Public School Employes' Retirement Code, 24 Pa. C.S. §8101 et. seq. ("Retirement Code"). 3. Member's date of birth is August 12, 1950, and his Social Security Number is 182-40- 3139. 4. The Defendant, Joan Emilie Iezzi (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is May 12, 1951, and her Social Security Number is 136-44-9104. 5. Member's last known mailing address is: A-6 700 Union Street Birdsboro, PA 19508 6. Alternate Payee's current mailing address is: P.O. Box 21 Bainbridge PA 17502 It is the responsibility of Alternate Payee to keep a current mailing address on file with PSERS at all times. 7. The Member and the Alternate Payee agree that the Alternate Payee's equitable distribution portion of the Member's retirement benefit is $52,000 as of January 17, 2003, plus all interest accumulated on this sum from January 17, 2003 to the date of actual distribution. 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by PSERS, including any lump sum withdrawals or scheduled or ad hoc increases, but excluding the disability portion of any disability annuities paid to Member by PSERS or any deferred compensation benefits paid to Member by PSERS. The equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, shall be payable to Alternate Payee and shall be paid as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 9. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit, as set forth in Paragraph 7, for any death benefits payable by PSERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of Alternate Payee's equitable distribution portion ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Member's death (a) predates any approved Domestic Relations Order incorporating this Stipulation and Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Domestic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate Payee predeceased Member. Payee's estate. No portion of the Balance shall be payable to Alternate (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to PSERS which will allow the Alternate Payee to check that she has been and continues to be properly nominated under this paragraph. 10. The term and accounts of Member's retirement benefits payable to the Alternate Payee after PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement is dependent upon which option(s) is (are) selected by Member upon retirement. Member and Alterna'te Payee expressly agree that, at the time that the Member files a retirement application with PSERS, the Member: (a) Shall elect to receive a portion of the accumulated deductions and interest in an amount at least equal to the Alternate Payee's equitable distribution portion of the Member's retirement benefit, as set forth in Paragraph 7, to include all accumulated interest attributable to Alternate Payee, and 3 (b) May elect any option offered by the PSERS based upon the balance of his retirement benefits (the Member's retirement benefit less the refund of all his accumulated deductions and interest under Paragraph 10(a)). The Alternate Payee shall be paid her equitable distribution portion, as set forth in Paragraph 7, out of the accumulated deductions and interest, under Paragraph 10(a). 11. Alternate Payee may not exercise any right, privilege or option offered by PSERS. PSERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. The Member and Alternate Payee agree that if the Member becomes disabled and receives a disability retirement benefit from PSERS, the Alternate Payee's share of the Member's disability retirement benefits shall be paid to the Alternate Payee during the Member's lifetime, at such time as the Member's contributions and interest may be withdrawn by Member in a lump sum. In the event that Member's contributions and interest may not be subject to a lump sum withdrawal, Alternate Payee shall be paid during the Member's lifetime by deducting 25% from the Member's monthly disability retirement benefit and paying this amount to the Alternate Payee until and only until the Alternate Payee's 'share, as defined in Paragraph 7, has been fully paid. ' 13. In the event of the death of Alternate Payee prior to receipt of all of her payments payable to her from PSERS under this Order, any benefit payable to Alternate Payee by PSIERS shall be paid to Alternate Payee's estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in Paragraph 7. 14. 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 PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as provided in this Order. All other rights, privileges and options offered by PSERS not granted to Alternate Payee by this Order are preserved for Member. 15. It is specifically intended and agreed by the parties hereto that this Order does not require PSERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code. 16. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 17. 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 PSERS to provide any type or form of benefit, or any option not otherwise provided by PSERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 18. 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 PSERS immedihtely. The Domestic Relations Order shall take effect immediately upon PSERS approval and PSERS 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. Jo CONSENTED TO: Dennis F. Iezzi Plaintiff/Memyr.~ ~ //~n Emilie~z~zi " ~'~) ~efendant//Alternate Payee