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HomeMy WebLinkAbout01-04782r IN THE COURT OF COMMON PLEAS CAROLE E. Y0~ N O. O1-4782 CIVIL TERM VERSUS Defendant DECREE 1N DIVORCE AND NOW, ~/y`~"" "~ ~~ IT IS ORDERED AND DECREEDTHgT CAROTF F. YON _, PLAINTIFF, AND ALAN R. SHERRITT ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF R-EGORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; No issues are outstanding. All issues have been resolved and settled by the parties' Marriage Settlement Agreement dated September 27, 2001, BY ATTEST: J. PROTHONOTARY Y Yon, Carole/ 8.23,Oir Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24. tl1 . ~d ,r ~ W M r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff ALAN R. SHERRITT, Defendant NO. 01-4782 CIVIL CIVIL ACTION - LAW IN DIVORCE MARITAL AGREEMENT BET~TEEN ALAN R. SHERRITT T Yon, Carole/ 8.23.Oir Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.41 ,' CAROLS E. YON TABLE OF CONTENTS INTRODOCTION ............................................. 1 SECTION 2 General Provisions ....................................... 3 SECTION II Distribution of Property ................................. 21 SECTION III Distribution of Debts ................................... 34 SECTION IV Counsel Fees, Alimony, Spousal Support, Child Support health Insurance, and Income Tax Provisions ........................................... 39 SECTION V Closing Provisions and Execution ......................... 47 Yon, Carole/ 8.23.01. + ~ Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 < r ~ ~+ 'F ~1 INTRODUCTION THIS AGREEMENT made this day of 200 by and between CAROLS E. YON ("Wife") of 1002 Kent Drive, Mechanicsburg, PA 17050 and ALAN R. SHERRITT ("Husband") of 251 fiast Crestwood Drive, Apt. 1, Camp Hill, PA 17011. W I T N E S E T H WHEREAS, the parties hereto are husband and wife, having been married on November 26, 1988 in State College, Centre County, Pennsylvania and separated on May 7., 2001. WHEREAS, There was one (1) child born of this marriage: Kylie Yon Sherritt (the "Child"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the - 1 - Yon, Carole/ 8.23.01f. r ~ , Marztal Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 , r ~ ,F S ~t rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: THI3 SPAC$ INT$NTIONALLY LEFT BLANK - 2 - Yon, Carole/ 8.23.0. Mar}tal Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.41 '~ ~ '~. ~~ SECTION I ~''ENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. AC3REEH~NT NOT A BAR TO DIVORCE PROCEEDINGS This Agreement shall not be considered to affect or bar the right of Husband and Wife to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 1.03. DIVORCE DECREE The parties acknowledge that their marriage is irretrievably - 3 - s Yon, Carole/ 8.23.OY. , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.81 i c ~~ 'F broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as of this Agreement has never been executed by the parties. 1.04. EFFECT OF DIVORCE DECREE Unless otherwise specifically provided herein, this Agreement shall, continue in full force and effect after such time as a final - 4 - } Yon, Carole/ 8.23.01. .e Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 , ~ ~ ' 'r 't Decree in Divorce may be entered with respect to the parties. 1.05. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 1.06. NON-MERGER This Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 1.07. DATE OF EXECUTION The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.08. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the °distribution date" which shall be defined as the date of execution of this Agreement unless - 5 - ,: Yon, Carole/ 8.23.01. , ~ , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 r , r ~ '~ ~{ otherwise specified herein. 1.09. Anv-rrE of COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Samuel L, Andes, Esquire for Husband, and Diane G. Radcliff, Esquire, for Wife. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations. They acknowledge and accept that this Agreement is, under the circumstances, fair and equitable and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 1.10. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that - 6 - ~, Yon, Carole/ 8.23.01'. , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 r ~i ~ there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.11. -JISCLOSURE AND pTAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise;'(3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a court hold hearings and make decisions on the matters covered by this Agreement, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the - 7 - Yon, Carols/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.41 f ~ '~ ~t result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party, Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. Inventory: The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. b. Income and Expense Statement: The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. c. Discovery: The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other - 8 - Yon, Carole/ 8.23.OIF. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.61 r i '~~ '~ proceedings in which discovery is specifically ordered by the court. d. Determination of Marital and Non-Marital Property: The right to have the court. determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. e. Other Rights and Remedies: The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses. 1,12. The parties hereby agree that t~1e provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. in the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party - 9 - Yon, Carole/ 8.23.01. , Mar::tal Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.b1 i `f shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 1.13. ~n~'IAL SECURITY BENEFITS The parties agree that, subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 1.14. PERSONAL RIGHTS Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in - 10 - Yon, Carole/ 8.23.0'1. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. 1.15. MUTUAL RELEASES Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: a. Claims Against Property or fistate: Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any - 11 - Yon, Carole/ 8.23.Oi. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24 .01 t' part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. b. Dower Curtesv Widows Rights: Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; c. wife Time Convgyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (I) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; d. Marital Rights: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or - 12 - Yon, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 ~`{ otherwise. e. Breach Excgption: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.16. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.17. MUTUAL COOPERATION - 13 - Yon, Carole/ 8.23.01. Marit8l Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.41 1t 1, ~ VJ Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.18. AGREEMENT BINDING ON HEIRS This Agreement shall be binding, and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.19. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.20. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other - 14 - Yon, Carole 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 r' writings as may be necessary or desirable for the proper effectuation of this Agreement, and/or as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 1.21. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. 1.22. BREACH If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of - 15 - Yon, Carole/ 8.23.01. . Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 , '~ ~i t which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: a. Specific Performance: The right to specific performance of the terms of this Agreement, in which event the non- breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. b. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. Divorce Code Remedies: The right to all remedies set forth in Section 3502 (e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by - 16 - Yon, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 ~i r r any other similar laws. d. Other Remedies: Any other remedies provided for in law or in equity. e. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. 1.23. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 1.24. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or - 17 - Yon, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 ~ ~ , .' otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 1.25. HEADINGS NOT PART OF AGREED~NT Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 1.26. INCOME TAX MATTERS with respect to income tax matters regarding the parties the following shall apply: a. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local - 18 - w„ Yon, Carole/~8.23.b1. , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint returns. b. Cur ent Returns: The parties shall file individual tax returns for the current tax year and for every tax year hereafter. 1.27. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. - 19 - Yon, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 ,, 1.28. MANNER OF GIVING NOTICE Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. 1.29. EFFECT OF RECONCILIATION This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. THIS SPACE INTENTIONALLY LEFT BLANK - 20 - Yon, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish ,the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. AFTER-ACOVIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since May 7, 2001, the date of the parties' marital - 21 - Yon, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 separation, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Paragraph. 2.03. DPAI'VER OF INHERITANCE Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. 2.04. AS IS CONDITION Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is - 22 - Yon, Carole/ 8.23.01. , , ' Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. 2.05. PERSONAL PROPERTY With respect to the tangible personal property of the parties including, but without limitation- with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the parties agree as follows: a. Division: Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. b. Exceptions to Division: The foregoing notwithstanding the parties agree that the items of personal property set forth on Exhibit "A" attached hereto and to be made a - 23 - Yon, Carole/ 8.23.01. ' Marital Agreement/revised 9.7.01./revised 9.21.'01./revised 9.24,01 part hereof, shall become the sole and separate property of Husband. Husband shall promptly make arrangements with Wife so as to enable him to remove said items from Wife's residence within fourteen (14) days of the date of this Agreement. c. fiver: The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have ,with respect to the Personal Property which shall become the sole and separate property of the other. 2.06. VEHICLES, BOATS AND THE LIKE With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof,("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Agreement, the parties agree ae follows: a. Wife's Vehicle(s): The 2000 Mercedes SW having a value of approximately $30,000.00 shall be the sole and separate property of Wife. - 24 - Yon, Carole/ 8.23.01. , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 b. Husband's Vehicle(s): The 1992 BMW 318 having a value of approximately $9,000.00 and the 2001 Dodge Grand Caravan having a value of approximately $20,000.00 shall be the sole and separate property of Husband. c. Identification: Identification of a Vehicle herein shall include not only the Vehicle, but also the sale or trade- in value thereof if it had been sold or traded in prior to the date of this Agreement. d. Transfer of Titles: The titles to the Vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. Title and Power of Attorney: For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the Vehicle is unavailable due to financing arrangements or otherwise. e. Liens: Except as hereafter provided, in the event any Vehicle is subject to a Yien or encumbrance the party - 25 - Yon, Carole /~8.23.b1. , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24,01 receiving the Vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien or encumbrance. f. Van Lien: Wife agrees that she shall be solely responsible for and shall make timely payments on the Fulton Bank purchase price loan incurred for the acquisition of the 2001 Dodge Grand Caravan having a balance owing of approximately $9,000.00, and Wife shall indemnify and hold Husband harmless therefrom. g. Waiver: Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the Vehicles that shall become the sole and separate property of the other party pursuant to the terms of this Paragraph. 2.07. REAL ESTATE The parties are the owners of a~certain tract of improved real estate known and numbered as 1002 Kent Drive, Mechanicsburg, PA - 26 - Yon, Carole/ 6.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 '. ("the Real Estate") having an approximate value of $259,000.00 and which is encumbered with a mortgage owed to Washington Mutual having an approximate balance of $165,000.000 and a second mortgage (home equity loan) owed to PNC having an approximately balance of $20,000.00 (collectively "the Mortgages"). With respect to the Real Estate and the Mortgages the parties agree as follows: a. Conveyance: Husband shall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate, and Husband specifically waives, releases, renounces and forever abandons all Husband's right, title and interest therein. The deed of conveyance therefor shall be executed by Husband at the signing of this Agreement, at which time the deed shall be delivered to [H/W Buy RE] for recordation. b. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances including, but not limited to, the lien of the Mortgages, real - 27 - Yon, Carole/ 8.23.01. ` Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 ~, , estate taxes and municipal liens. The conveyance shall further be under and subject to any covenants and restrictions of record. Wife shall hereinafter be solely responsible for the payment of the Mortgages, real estate taxes, municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. c. Refinance/Assumption: Within sixty (60) days of the date of this Agreement Wife shall refinance or otherwise assume sole liability for and under the Mortgages so as to release Husband from further liability thereunder. The coats of refinancing/assumption shall be paid by Wife. 2.08. RETIRE~NT AND PENSION PIeANS The parties agree that the following shall apply to any retirement plans of the parties: a. General Rule: Each of the parties does specifically waive, release, renounce and forever abandon all of their - 28 - Yon, Carole/ 8.23.01. , Marital Agreement/revised 9.7.01./revised 9.21.,01./revised 9.24.01 . . right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other party, whether acquired through said party's employment or otherwise, ("the Retirement Plans"). Except as hereafter provided, hereafter the Retirement Plans shall become the sole and separate property of the party in whose name or through whose employment said plan or account is held or carried. If either party withdraws any sums from the Retirement Plana distributed to him or her pursuant to the terms of this Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. b. Cl.a_r_i£ications and Exceptions: As clarification to the foregoing or as an exception thereto, it is understood and agreed that the retirement Plana of the parties shall be divided and distributed as follows: - 29 - Yon,, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 1. Husband's Retirement Plans: Husband shall receive as his sole and separate property the following Retirement Plans: A. Husband's RBA 401K Plan: Husband's RBA 401K Plan having an approximate value of $23,000.00; B. Wife's Hilliard Lyons IRA: $95,000.00 of Wife's Hilliard Lyons IRA or the total value of the IRA if the IRA is worth less $95,000.00, shall be transferred to him in a tax free roll over of retirement benefits between spouses pursuant to a QDRO to be entered in the above captioned divorce action; C. Wife's PNC 401K Plan: $78,000.00 of Wife's 401K Plan shall be transferred to him in a tax free roll over of retirement benefits between spouses from Wife's 401K Plan into Husband's IRA account, to be made pursuant to a QDRO to be entered in the above captioned divorce - 30 - Yon, Carole/ 9.23.OY. . Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24:01 „ ~ ~ ., action. It is anticipated that Husband will then withdraw that $78,000.00 amount from his roll over IRA and will be solely responsible for the taxes and penalties incurred as the result of that withdrawal. The foregoing notwithstanding, it is understood and agreed that this transfer and withdrawal is intended to net Husband the cash amount of $50,000.00 after payment of taxes estimated at $20,200.00 and a early withdrawal penalty estimated at $7,800.00. When Husband prepares his tax return a determination shall be made of the actual amount assessable as the result of the withdrawal. For purposes of this paragraph the amount assessable to the IRA withdrawal shall be the amount of tax due with the IRA withdrawal reported on his tax return minus the amount of tax that would be due had that IRA withdrawal not been reported. If that - 31 - F Yon. Carole/ 8.23.01. ~ Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 +. ~, actual tax liability is different than the amount estimated herein, an adjustment shall be made. If husband's tax liability from the withdrawal is greater than the tax estimated herein, Wife shall make the payment of the excess tax to husband within thirty (30) days after the determination. If the tax liability is less than the tax estimated herein, husband shall make the payment of the excess estimated tax payment to wife within thirty (30) days of the determination. 2. Wife's Retirement Plans: Wife shall receive as her sole and separate property the following Retirement Plans: A. Wife's Hilliard Lyons IRA: The balance, if any, in Wife's IRA after payment to Husband of the amount set forth in subparagraph 1. B. above; B. Wife's PNC 401K Plan: The balance in Wife's - 32 - , Yon, Carole/ 8.23.`01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 ~ ~ P r • 11 401K Plan after payment to Husband of the amount set forth in subparagraph 1. C. above; C. Wife's PNC Pension Plan: Wife's Pension Plan with PNC. 2.09. BANK ACCOUNTS/STOCK/LIFE INSURANCE The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value,("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. As clarification or addition to the foregoing, it is agreed that Husband shall receive as his sole and separate property the - 33 - Yon, Carole/ 8.23.01. , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 r l~ J jointly owned Hillard Lyons Money Market Account having an approximately balance of $20,000.00. 2.10. TAX PROVISIONS The parties believe and agree that the division of property made to be made pursuant to the terms of this Agreement is a non- taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax returns. THIS SPACE INTENTIONALLY LEFT BLANK - 34 - Yon, Carole/ 8.23.01. , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24,01 ,~ ~ , SECTION III DISTRIBUTION OF DEBTS 3.01. WIFB'S DEBTS Wife represents and warrants to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability for which Husband or his estate might be responsible. wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 3.02. HUSBAND'S DEBTS Husband represents and warrants to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the - 35 - Yon, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24:01 A~i execution of this Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 3.03. MARITAL DEBT During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, ("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose use each of the Marital Debts were incurred, the parties agree as follows: a. General Provision: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion of the Marital Debts that a party may have made prior to the execution of this Marital Agreement, whether or not that debt is specifically referenced in this Paragraph. b. Wife's Debts: Wife shall, be solely responsible for the following bills and debts: - 36 - Yon„ Carole/ +8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 ,~ ~, „ 1. Any vehicle loan for Wife's Vehicle(s) as required and set forth in Paragraph 2.06 herein. 2. The Caravan Loan as required by and set forth in Paragraph 2.06 herein 3. The Mortgages as required and set forth in Paragraph 2.07 herein; 4. Any and all expenses associated with the Real Estate and the refinancing of the Mortgages as required and set forth in Paragraph 2.07 herein. 5. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. c. Husband's Debts: Husband shall be solely responsible for the following bills and debts: 1. Any vehicle loan for Husband's Vehicle(s) as required and set forth in Paragraph 2.06 herein, except the Caravan Loan to be paid by Wife as required by and set forth in Paragraph 2.06 herein. - 37 - Yon „ Carole/ 8.23.01. . Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 i~ ~~ 2. Any and all taxes resulting from his withdrawal of funds transferred to him by way of tax free roll over from Wife's Retirement Plans set forth in Paragraph 2.08 herein; 3. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name and not otherwise provided for herein. d. Indemnification: Each party agrees to hold the other harmless from any and all liability which may arise from the aforesaid bills which pursuant to the terms herein are not the responsibility of the other party. e. Cancellation of Joint Delfts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Agreement, then the party incurring said charge shall immediately repay the same. f. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the - 38 - Yon, Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 i r party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. g, No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 3.04. I E~9.QIFICATION Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. TH25 SPACB INTENTIONALLY LEFT BLANK - 39 - Yon„ Carole/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 ' ~ ., SECTION IV COUNSEL FEES ALIMONY SPOUSAL SUPPORT, CHILD SUPPORT ~ HEALTH INSURANCE AND INCOME TAX PROVISIONS 4.01. WAIVER OF COUNSEL FEES The parties hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 4.02. ALIMONY AND SUPPORT Except as hereafter provided, the parties hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. The foregoing notwithstanding, the parties acknowledge that Wife's earnings and earning capacity are significantly greater than that of Husband, and that they will continue to be greater in the future. In consideration of the waiver of child support, as set forth in Paragraph 4.03 hereof, however, Husband does hereby - 40 - Yon „CarOle/ 8.23.01. Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24:01 conditionally waive any right to seek, obtain, or retain spousal support, alimony pendente lite, or alimony from Wife. The condition of such waiver, however; is that, in the event that Husband is obligated at any time to pay child support for the parties' minor daughter, his claim for alimony shall be immediately reinstated and Husband shall be entitled to receive alimony payments from Wife in an amount equal to no less than 125 percent of any child support he is required to make. The parties specifically acknowledge and agree that the waiver of spousal support, alimony pendente lite, and alimony is conditioned upon the continuing waiver by Wife to seek or obtain child support from Husband and that, in the event she receives any support from him, Husband's waiver of the right to seek alimony shall terminate absolutely and Wife shall be obligated to pay alimony to Husband pursuant to the terms of this paragraph. 4.03, CHILD SUPPORT The parties acknowledge that both of them have an obligation to contribute to the financial support of their child. The parties further acknowledge, however, that Husband has made significant - 41 - Yon,~Carole/ 8.23.01. ' Marital Agreement/revised 9.7.01./revised `x.21.01./revised 9.24.01 ~ ~ , financial concessions to Wife in this Agreement, both by accepting less marital property than he would likely be awarded by a court if this matter were fully litigated and by his conditional waiver of alimony, as set forth below, and that such concessions were made to permit Wife to have the financial ability to provide solely for the financial needs of the Child, in lieu of child support payments from Husband. Further, the parties expressly agree that the financial concessions made by Husband in this Agreement, and the financial benefit derived by Wife from such concessions, are full and adequate consideration for Wife's waiver of any child support payments or contributions from Husband from and after the date of this Agreement. Wife agrees that she shall not seek, through any court or otherwise, and shall not, receive or retain any child support payments from Husband from and after the date of this agreement and that, if she does, she shall indemnify and save Husband harmless, absolutely and without condition, from any such payments he is required to make, 'any and all costs, including reasonable attorney's fees, incurred by him to litigate such a claim for child support or to otherwise enforce the terms and - 42 - Yon „ Carole/ 8.23.01. , Marital Agreement/revised 9.7.01./revised 9.21.01./revised 9.24.01 i ~,' provisions of this and the following paragraph of this agreement. The parties further agree that, in the event, and contrary to the foregoing terms, Husband is obligated to pay child support at any time after the date of this Agreement, Wife shall pay alimony to him in accordance with the provisions of the preceding paragraph. 4.04. HEALTH INSURANCE The following shall apply regarding health insurance on the parties and the Child: a. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the divorce decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations provided that he or she shall be solely be responsible for the payment of the costs therefor. b. Health Insurance for Child: Any party currently carrying health insurance on the Child shall continue to provide - 43 - Yon, Carole/ 8.23:01. , Marital Agreement/revised 9.7.01./revised q.21.~01./revised 9.24.01 ,. ~ health insurance coverage on the Child as long as they remain eligible therefor and that coverage is available to him or her through employment at a reasonable cost. c. Health Insurance Documentation: Any party having the insurance coverage on the Child shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 4.05. DEPENDENCY EXEMPTIONS Wife shall be entitled to claim the dependency exemption for the parties' child, Kylie Yon Sherritt, on her applicable tax returns and Husband shall refrain from claiming that exemption on his applicable tax returns. THIS SPACE INTENTIONALLY LEFT BLANK - 44 - Yon, ~Carole/ 8.23.01. . Marital Agreement/revised 9.7.01./revyised °.21.01./revised 9.24.01 ~ ., SECTION V CLOSING PROVISIONS AND EXECUTION 5.01: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 5.02: FACSIMILE SIGNATURE Each party agrees to accept and be bound by facsimile signatures hereto. 5.03 BINDING EFFECT BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AND BACH PARTY ACKNOWLEDG83 THAT THE PROVISIONS OF THIS AGREENENT SHALL BE AS BINDING UPON THE PART28S AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this - 45 - Yon, Caro7.e/'8.23.'01. , Marital Agreement/revised 9.7.01./re~{ised ?.21.01./revised 9.24.01 i ~~ * , Agreement in various counterparts, each of which shall constitute an original. WITNES5: J,~ _~o J (SEAL) CCAROLE E. YON ('/~ Date: ~ ~/J" (SEAL) R. H TT Date: - 46 - Yon, 'Carole/ 8.23.01. ~ , Marital Agreemens /revised 9.7.01./re~;iaed ;.21.01./revised 9.24.01 .. ~ , .>~,= x COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the ~~ day of ~n~i~~~~ 2001, before me the undersigned officer, personally appeared, CAROLE E. YON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that CAROLE E. YON executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set yak ha3~d and notarial seal. C My DENISE C. SUNU~ENBERGER~Notary PubY~c Hampden Twp., Cumberland County My Commission Expires Nov. 22, 2004 m-.....,,...~.._._ COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this the G~-<-- day of ~p~~~y6G/ 2001, before me the undersigned officer, personally appeared, ALAN R. SHERRITT, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that ALAN R. SHERRITT executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereuntg/et\my h~--anti notarial seal. 1L Expire4:~ ~` a NOTARIAL SEAL DENISE C. SULLENBERGER, Notary Publio Hampden Twp., Cumberland County My Commission Expires Nov. 22, 2004 - 4 7 - ,... Yon,'Carole/ 8.23.01. : Marital Agreement/revised 9.7.01./revised W.21.01./revised 9.24.01 EXHIBIT "A" PERSONALTY TO BE TRANSFERRED TO HUSBAND PURSUANT TO PARAGRAPH 2.05 1. Sofa 2. Table with 4 chairs 3. Queen size bed with headboard 4. Desk and chair 5. Trundle bed 6. Cheery drop leaf table 7. Oriental curio 8. Tool box with tools 9. Television 10. Television with VCR for van 11. Small microwave 12. Beach gear 13. Such additional items as may be agreed by the parties once husband obtains his residence ,~ ~~ • F, w ~ e.'+, t-ti i_ ;-i t' -- ~ ) 1 _. -' . . _...J •^~.. \ O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff No. 01-4782 CIVIL TERM v. ALAN R. SHER.RITT, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE OF TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. (3rouad for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date of filing sad manger of service of the complaint: a. Date of filing of Complaint: August 14, 2001 b. Manner of service of Complaint:. Personal Acceptance of Service c. Date of Service of Complaint: August 16, 2001 3. Date of execution of the affidavit of coaseat required by Section 3301 (c) of the Divorce Code: a. Plaintiff: December 4, 2001 b. Defendant: November 26, 2001 Date of execution of the Plaiatiff~e affidavit required by Sectioa 3301(d) of the Divorce Code and date of service of the Plaiatiff~s 3301 (d) affidavit upon the Defeadaat: a. Date of execution: N/A b. Date of filing: N/A c. Date of service: N/A 4. Related claims peadiag: No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated September 27, 2001 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. Date and maaaer of service of the Notice of Iateatioa to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Sectioa 3301(d)(1)(i) of the Divorce Code: a. Date of Service: N/A b. Manner of Service: N/A OR Date Waiver of Notice is Section 3301(c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver: December 14, 2001 b. Defendant's Waiver: Decembe~0'03~ ~~~~"'~ BRAD I , ESQUIRE e Trindle oad Ca 'll, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 µ LF lT~i~'~'Ry--~~ IT ~ 1 z~~ ~7 __,, F , ~~ ~_ {f r ~ (~J~ Cft e.v ~ ~' .~~ :.~ _.. Y5~uR31~?w+W~b =,^, ~°`t-3gv*s t •::s-." ..:._xrF' .e~,..~fi*m.. 3 ~'~,sa ~.arsaa?rv{aN p~%.,&aH~V~~ ~. yon v., Sherritt 8.6.O1.Divorce Complaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff v. ALAN R. SHERRITT, Defendant NO. D~- L/~ga c~~ij CIVIL ACTION -LAW DIVORCE 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 - 1 - Yon v. Sherritt 8.6.O1.Divorce Complaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff v. NO. ©I-~~~a1 l (~( ALAN R. SHERRITT, Defendant CIVIL ACTION -LAW DIVORCE COMPLAINT AND NOW, thislday of c«..t , 2001, comes the Plaintiff, Carole E. Yon, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff is Carole E. Yon, an adult individual residing at 1002 Kent Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Alan R. Sherritt, an adult individual residing at 251 E. Crestwood Drive, Apt. 1, Camp Hill, Cumberland County, Pennsylvania. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 26, 1988 at State College, Centre County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request - z - Yon v., Sherritt 8.6.O1.Divorce Complaint that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Orin the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, - 3 - Supreme Court ID #32112 Phone: (717)737-0100 Fax: (717) 975-0697 Attorney for Plaintiff Yon v.,~Sherritt 8.6. O1.Divorce Complaint VERIFICATION I verify that the statements made in this Complaint are true and correct. I understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. (4~tX~ LE E. YON - 4 - ~;1 '-~.J s.J ~' ~ i 'G CT '-' .-T. _ ~~ 1 ' !J7 l1 t . , il li `. ~ ~~ _ ~ • , ~y ~ ?T~` ~.~ r ~~I f~ ~ -< lb -< 8.15.01 Yon v. Sherritt Acceptance of Service IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E YON, Plaintiff ALAN R. SHERRITT, Defendant NO. 01-4782 CIVIL CIVIL ACTION - LAW IN DIVORCE I, ALAN R. SHERRITT, the Defendant in the above captioned action, hereby accept service of the Divorce Complaint filed in the above captioned matter on August 14, 2001. Date : _-,-~> l l LO l ~ / ~_ ~ ALAN R. SHERRITT - 1 - Carole E. Yon 9.;7.01. affidavit and waiver IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YOAT, Plaintiff NO. 01-4782 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE ALAN R. SHERRITT, . Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I~ 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. Dated :~~~ 2aJ~ rJ C E E. YON ~~~sa,A ~,.. p' ~ n f~ ~ ~ ~ ~ Z~ ~i 1 ® ~ (r ~,_ ~ ti . .G ~ h vl =~, u' ,~i i f;". "~' ~/ I :~!4 .. +aECU •ni£d . , a;=. -. ,, ::.p.3µ ~fd~~~ , - . , .„ Carole E. Yon ~ ~ ~ 9.27.01. affidavit and waiver IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff NO. 01-4782 CIVIL TERM V. CIVIL ACTION - LAW IN DIVORCE ALAN R. SHERRITT, Defendant 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 Waiver 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 falsification to authorities. Dated : ~Qe, 2IX~1 CAROLE E. ON ~, ~.~_ „~.,,,m~ ~ ' - ~- -, r ,;, ' , _ _ `~ ``: -, ~, ~ ~;~ ,~ .;, a. ~r ~ . ~ ~_ ..._ i Carole E. Yon ''9.27.01. affidavit and waiver IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E E. YON, Plaintiff V. R. SHERRITT, Defendant NO. 01-4782 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 14, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to falsification to author~''~°° ed: l ~,t ~ l c~ cx ~, = ~~ ~ }__ --y+~~ 4~ A~.~ V ~. ~e f, ~~ ~e-Y <~~ ~~l ~C"t ~ ~ ; j'Ti ~ CA ~ :w ~ Cv :~ V ,. ~ Carole E. Yon 3.2 ~.01. affidavit and waiver IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff V. ALAN R. SHERRITT, Defendant NO. 01-4782 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 Waiver 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. Dated: ~ ~ ~ -~ R. SH TT „~,r ¢• ~ ee i ~~ ~~ ~ -.i f~"+~ C"S ~~' ~. , ~. ~~~~ - /"'~'i ~ ~ ..t ~ ~ ~ ~~ ~ IN THE COURT OF COMMON-PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E. YON, Plaintiff No. 01-4782 CIVIL TERM v. R. SHERRITT, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATION OF SOCIAL SECURITY NUMBERS In accordance with the Rules of Civil Procedure, I, Diane G. Radcliff, Esquire, Attorney for the Plaintiff, hereby certify that the social security numbers of the"parties are as follows: Plaintiff: 165-42-1458 Defendant: 186-46-3859 Respectfully submitted, _....x.. 8 Trind a Road Hil P A 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff DIANE G. RADCLIFF 3448 TRIIdDLE RbAD CAMP HILL„ PA 17011 (717) 737-0100 a..:_. _ . ~~~.. ~ ~ ~~ ~ - „ -- ~~ ~ [„ v '.;~, ~± `' s. ~ '' ~ d ~' _r , Yn r ti TA _ y. Cs ~ c~ `> ~ r~ 1.~ `~ ~~ v ~ '. vJ~~S~ F.9 r. ZJ•4t~ Yon, Carol/8.7.O1.Custody Stipulation & Order; revised 8.15.01.; 8.23.01. CAROLE E. YON, Plaintiff ALAN R. SHERRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No.Gf` 4~8a CIVIL ACTION - LAW CUSTODY ORDER AND NOW, this ~~ day of ~ ~ 2001, upon consideration of the within Stipulation executed by CAROLE E. YON ("Mother") and ALAN R. SHERRITT ( "Father")(collectively referred to as "Parents") pertaining to their minor child, Kylie Yon Sherritt, born December 7, 1992 ("Child"), IT IS HERfiBY ORDERED AND DfiCRfifiD as follows: 1. Legal Custody: The Parents shall have joint legal custody of the Child. Pursuant thereto each parent shall be entitled to participate in all major decisions affecting the well being and best interest of the Child. Further each parent shall have the right of access to all information, documents and persons pertaining to the general well being of the Child so that informed decisions can be made. 2. Physical Custody: The Parents shall share physical custody of the Child. In accordance with the foregoing the following shall - 1 - Yon, Carol/8.7.O1.Custody Stipulation & Order; revised 8.15.01.; 8.23.01. apply: a. Primary Phvsical Custodv: Mother shall have primary physical custody of the Child. b. Partial Physical Custodv: Father shall have partial physical custody of the Child. Father's rights of partial physical custody of the Child shall be at such times and places as the parties shall hereafter mutually agree. At a minimum Father's partial custody rights shall include, two (2) weekday periods and alternating weekends, the precise times for which shall be as hereafter be agreed to by the parties. Father's alternating weekends shall commence on the weekend of September 7, 2001. 3. - 2 - F 10 ^~ ~ 'r,~ih~4ji;~1~5'I'+~h,~ r ,,~~~ ,~ G I ~ ;, .~,~J ~' ^~ ~ ~ '""'.x'art+t::+s' Ell ,. ' Yon, Carol/8.7.O1.Custody Stipulation & Order; revised 8.15.01.; 8.23.01. J.CAROLE E. YON, Plaintiff ALAN R. SHERRITT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW STIPULATION FOR CUSTODY ORDER AND NOW This day of 2001, ALAN R. SHERRITT (hereafter referred to as "Father") and CAROLE E. YON (hereafter referred to as "Mother") (collectively hereafter referred to as "Parents") hereby stipulate and agree that the foregoing Custody Order sha1J~ be entered by the Court in the above captioned matter. IN WITNESS WHEREOF the Parents, intending to be legally bound hereby, have set their hands and seals the day and year below written. WITNESS: ~~ ~ ~O~t.~~c~c/ /LJv -`~C. ~ "/~ { SEAL } CAROLE E. YON// Date: is . ALAN'"R. SHERRITT Date: 2 - 3 - {SEAL} C ; ::.. ~_. _ .' 'v cy ~., - ... t_ ~=: C -r :_ c_ '" ;` <~ c~ CAROLE E. YON/9.24.O1.PNC 401K QDRO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff v ALAN R. SHERRITT, Defendant N0. 01-4782 CIVIL CIVIL ACTION - LAW IN DIVORCE WHEREAS, this action for divorce was brought by Carole E. Yon against Alan R. Sherritt, seeking termination of the marriage and a division of their marital property; and WHEREAS, on September 27, 2001, the parties entered into a Marital Agreement, filed of record in the above captioned divorce action providing for division of the marital property of the parties, including, but not limited to, a division of the marital estate and all other property, real and personal, tangible and intangible, including the interest of Plaintiff in the PNC Financial Services Group, Inc. Incentive Savings Plan, hereinafter known as "Plan", which Marital Agreement will be incorporated into the Divorce Decree to be entered by the Cumberland County Common Pleas Court by the end of November 2001; and - 1 - CAROLE E. YON/9.24.Ol.PNC 401K QDRO NOW THEREFORE, it is hereby ordered and decreed as follows: I. DEFINITION OF TERMS: A. Domestic Relations Order The term "Domestic Relations Order" means a Judgment, Decree or Order (including approval of a property settlement agreement) which: (1) relates to the provision of child support, alimony/maintenance payments, or marital property rights of a spouse, former spouse, child, or other dependent of a Participant, and (2) is made pursuant to a state domestic relations law. B. Oualified Domestic Relations Order. The term "Qualified Domestic Relations Order" means a Domestic Relations Order which: (1) creates or recognizes the existence of Alternate Payee's right to, or assigns to an Alternate Payee the right to, receive all or a portion of the benefits payable with respect to a Participant under a Plan; (2) clearly specifies certain facts, as set forth in Paragraph 11 herein; and (3) does not alter the amount or form of benefits under a Plan. C. Participant. The term "Participant" means Carole E. Yon, whose date of birth is Mav 13, 1957 and whose Social Security Number is 165-42-1458. - 2 - CAROLE E. YON/9.24.Ol.PNC 401K QDRO D. Alternate Payee. The term "Alternate Payee" means a spouse, former spouse, child or other dependent of the Participant who is recognized by a Domestic Relations Order as having a right to receive all, or a portion of, the benefits under a Plan with respect to such Participant, and for purposes of the Employee Retirement Income Security Act of 1974 (herein called "ERISA") and shall have the rights of a beneficiary under the Plan. Said Alternate Payee is Alan R. Sherritt, whose birth date is April 8. 1954 and whose Social Security Number is 186-46-3859. II. The followings facts are relevant to the creation and/or assignment of retirement benefits provided herein and are required by ERISA Section 206(d)(3); A. This Order applies to the following qualified retirement plan: PNC Financial Services Group Inc. Incentive Savings Plan (the "Plan"). B. The name and mailing address of the Participant is: Carole E. Yon 1002 Kent Drive Mechanicsburg, PA 17055 C. The name and mailing address of the Alternate Payee is: Alan R. Sherritt 251 East Crestwood Drive Apt. 1 Camp Hill, PA 17011 D. The Participant and the Alternate Payee were married on November 26, 1988. E. The Participant assigns to the Alternate Payee, and the - 3 - CAROLE E. YON/9.24.O1.PNC 401K QDRO Plan shall pay to the Alternate Payee, the benefit described below: (1) A benefit equal to the sum of 578,000.00, plus investment earnings attributed to that amount since September 24, 2001. Investment earnings shall be determined based upon the Participant's investment elections. (2) The Alternate Payee may elect any payment option which is available to the Participant under the Plan. The Alternate Payee's right to select from different payment options shall be no greater than the Participant's. (3) The Alternate Payee's benefit payments described above shall be payable at a time and by a payment option available under the Plan which is elected by the Alternate Payee. The Alternate Payee shall submit a written election to the Plan Administrator containing the Alternate Payee's directions for both the timing and form of the benefit payment. The written election may be submitted at any time after approval of this Order as a Qualified Domestic Relations Order; provided, however, that no benefits shall be distributed to an Alternate Payee until the written election, and all other information reasonably requested by the Plan Administrator is delivered to the Plan Administrator. (4) If the Alternate Payee dies (i) before benefit payments commence or (ii) after benefit payments commence but before all benefits have been distributed under the form of distribution elected by the Alternate Payee, then the Alternate Payee's benefit shall be paid to the estate of the Alternate Payee. (5) Solely for the purpose of the benefits paid under subparagraph E(1) above to the Alternate Payee, the - 4 - :: ,.~ CAROLE E. YON/9.24.O1.PNC 401K QDRO Alternate Payee shall be treated as the surviving spouse of the Participant. This subparagraph is only intended to clarify that the benefits are payable to the Alternate Payee under subparagraph E(1) above in the event the Participant predeceases the Alternate Payee. However, the Alternate Payee shall not be treated as the surviving spouse for purposes of any other retirement benefits or ancillary benefits payable with respect to the Participant under the Plan. F. The Participant's account balance under the Plan will be offset by the benefits payable to the Alternate Payee under E(1) above. The Participant shall no longer have any rights or privileges associated with the benefit payments assigned to the Alternate Payee. For example, the surviving spouse of the Participant shall not receive any benefits with respect to the benefit payments assigned to the Alternate Payee. In addition, such assigned benefit payments shall not be affected by the death of the Participant. G. The Participant and the Alternate Payee shall promptly notify the Administrator of the Plan of any change in their addresses from those set forth above in this Order. III. It is specifically provided that this Order will not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; will not require the Plan to provide increased benefits; and will not require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. Iv. The Participant, the Alternate Payee and the Court intent that this Order will qualify as a Qualified Domestic Relations Order under ERISA Section 206(d)(3) and the provisions hereof shall be administered and interpreted in conform it with such Section. The Court shall retain jurisdiction to amend this Order only for purposes of establishing or maintaining its - 5 - CAROLE E. YON/9.24.O1.PNC 401K QDRO qualification as a Qualified Domestic Relations Order under ERISA; provided that no amendment of this Order shall require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan. APPROVED: BY THE COU J. E. Yon, P~/a¢ntiff n A1~1~ er 'tt, Defendant 1 I (10~5'of s - 6 - t~n~~i~~AS~v~~' ;IJ ?~._~ ~1:J Carol E. Yon/9.11.01. Hilliard Lyons IRA.QDRO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff N0. 01-4782 CIVIL ALAN R. SHERRITT, Defendant CIVIL ACTION - LAW IN DIVORCE i QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of 200~,~, upon consideration of the following Consent of the parties, the following is HEREBY ORDERED AND DECREED: A. IDENTIFYING INFORMATION 1. RECOGNITION OF RIGHT. This order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") 401(a) The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code 404(p). The Court enters this QDRO pursuant to its authority under 23 PA.C.S.A. 3502. 2. APPLICABLE PLAN. This QDRO applies to the Hilliard Lyons IRA 1 ilji ~Cl/`1~i~,`.,ti~3~c ~ 1 a71 ~~.~~~~ z'~ 1 , ~~'i' .. ,, ~; . ,~ ~`~iAC i ! ~! Carol E. Yon/9.11.01. Hilliard Lyons IRA.QDRO Account #89909283, ("Plan"). Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 3. IDENTIFICATION OF THE PLAN ADMINISTRATOR. The name and address of the Plan Administrator or Account Trustee are: Hilliard Lyons Custodian for Carole E. Yon IRA P.O. Box 32760 Louisville, KY 40232 4. IDENTIFICATION OF PARTICIPANT. Carole E. Yon, ("Participant") is a participant in the Plan. 5. IDENTIFICATION OF ALTERNATE PAYEE. Alan R. Sherritt, ("Alternate Payee") is the Alternate Payee for purposes of this QDRO. 6. INFORMATION PERTAINING TO PARTICIPANT. The following is information pertaining to the Participant: a. The Participant name is Carole E. Yon. b. The Participant's mailing address is 1002 Kent Drive, Mechanicsburg, Pennsylvania 17055. c. The Participant's social security number is 165-42-1458. d. The Participant's date of birth is May 13, 1957. 6. INFORMATION PERTAINING TO ALTERNATE PAYEE. The following is information pertaining to the Alternate Payee: a. The Alternate Payee's name is Alan R. Sherritt. 2 x.~~m,«. Carol E. Yon/9.11.01. Hilliard Lyons IRA.QDRO b. The Alternate Payee's address is 251 E. Crestwood Drive, Apt. #1, Camp Hill, Pennsylvania 17011. c. The Alternate Payee's social security number is 186-46-3859. c. The Alternate Payee's date of birth is April 8, 1954. 7. NOTIFICATION OF ADDRESS CHANGE. The Alternate Payee shall have the duty to notify the Plan Administrator of any changes in this mailing address subsequent to the entry of this Order. 8. DATE OF MARRIAGE AND DIVORCE. The parties were married on November 26, 1988 and divorced on December 27, 2001. B. DIVISION OF PARTICIPANT'S BENEFITS 9. ASSIGNMENT OF BENEFITS. This Order assigns to Alternate Payee as his equitable distribution share of the Plan an absolute dollar amount of $95,000.00, or the total value of the IRA account if said total value is less than $95,000.00, together with all earnings thereon arising after the date of this Order. 10. COMMENCEMENT AND FORM OF BENEFITS. The following shall apply to the commencement and form of benefits: a. The Alternate Payee may elected to commence her benefits under the Plan at the earliest possible time permitted under the Plan or at any time thereafter permitted under the Plan. 3 ::~M~~~ . Carol E. Yon/9.11.01. Hilliard Lyons IRA.QDRO b. The Alternate Payee shall be entitled to receive his benefits in any form available under the terms and provisions of the Plan. The Alternate Payee shall execute any forms required by the Plan Administrator. c. If permitted under the Plan, the Alternate Payee may elect to receive his benefits in a lump sum payment and transfer from the Plan into the Alternate Payee's IRA Account. Upon request and at the appropriate time, the Alternate Payee shall provide the Plan Administrator the name of the financial institution, the IRA account name, the account number and wiring instructions so that a direct transfer into that IRA Account can be made. d. If the transfer to the Alternate Payee's IRA account is not permitted under the Plan, then the Alternate Payee's distributive share herein provided shall be held in a segregated account for him by the Plan Administrator and distributed to him, togther with all earnings thereon, when he becomes eligible for that distribution. e. The transfer of benefits from the Plan to the Alternate payee as aforesaid is intended and designed to effectuate a tax free roll over of retirement benefits between spouses or former spouses pursuant to an order for equitable distribution of marital property as permitted by the rules and regulations of the Internal Revenue Code. 11. RIGHTS AFFORDED TO ACTIVE PARTICIPANTS. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives his distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants. 12. CERTIFICATION. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the 4 Carol E. Yon/9.11.01. Hilliard Lyons 1RA.QDRO Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties, including the information the Plan Administrator requires to make the necessary calculation of the benefit amounts contained herein. 13. CONTINUATION OF ODRO QUALIFICATION. It is the intention of the parties that this Order continue to qualify as a QDRO under Code 414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 14. INADVERTENT PAYMENTS. The following shall apply to inadvertent payments made by the Plan Administrator: a. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. b. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. S Carol E. Yon/9.11.01. Hilliard Lyons IRA.QDRO 15. NON-CIRCUMVENTION. The Participant shall not take any action, affirmative or otherwise, that can circumvent the terms and provisions of this QDRO, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, she shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of her actions and inactions and to the extent of the Alternate Payee's full entitlements hereunder. 16. NO FURTHER CLAIMS. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 17. TAX CONSEQUENCES. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution to him under this QDRO. This assumption shall not be deemed to effect any contractual obligations between the parties as may be set forth in their Marital Agreement. C. MISCELLANEOUS PROVISIONS 18. LIMITATION AS TO FORM OF BENEFITS. This QDRO does not require the Plan to provide any type of form of benefit the Plan does not otherwise provide. 6 Carol E. Yon/9.11.01. Hilliard Lyons IRA.QDRO 19. BENEFITS PAYABLE TO ANOTHER ALTERNATE PAYEE: This QDRO does not require the Plan to pay any benefits which another Order previously determined to be a Qualified Domestic Relations Order requires the Plan to pay to another alternate payee. 20. NOTIFICATION BY PLAN ADMINISTRATOR: The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 21. RETENTION OF JURISDICTION. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 22. PROPERTY DISTRIBUTION: This is a property distribution order made in and under the Divorce and Equitable Distribution statutes of the Commonwealth of Pennsylvania, and in accordance with the provisions of such statute, the portion being distributed to the Alternate Payee has been determined to be his property. 23. HEADINGS NOT PART OF ORDER. Any headings preceding the text of 7 s Carol E. Yon/9.11.01. Hilliard Lyons IRA.QDRO the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Order nor shall they affect its meaning, construction or effect. J. Distribution to: Diane G. Radcliff, Esquire Samuel L. Andes, Esquire 3448 Trindle Road 525 North 12th Street Camp Hill, PA 17011 Lemoyne, PA 17043 Attorney for Plaintiff Attorney for Defendant Carole E. Yon Alan R. Sherritt 1002 Kent Drive 251 E. Crestwood Drive Mechanicsburg, PA 17055 Apt. #1 Camp Hill, PA 17011 /.~G.~,a ~ A9 /~ ~, ~ 8 Carol E. Yon/9.11.01. Hilliard Lyons IRA.QDRO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE E. YON, Plaintiff NO. 01-4782 CIVIL ALAN R. SHERRITT, CIVIL ACTION - LAW Defendant IN DIVORCE CONSENT TO ORDER The undersigned Plan Participant and Alternate Payee, together with their respective legal counsel, hereby stipulate and agree that they consent to the entry of the foregoing Order. PLAN PARTICIPANT'S ATTORNEY: PLAN PARTICIPANT: t '-'~ ~ ~ (SEAL) D CLIFF, ESQUI E ROLE E. YON Date: ` Z ~ G Date: ~ O`~ U I ALTERNATE PAYEE'S ATTORNEY: S L. ANDES, ESQUIRE Date: 2 t7C~~./ z~l ALTERNATE PAYEE: .~ (SEAL) Date: 9 C7 C_ f:? -•` ~ j --r: J ., - <. _~ Z r,- :,~ c~ ~_ -= <- ~u r - z C? x~ . ~ -- - _ ~ i e °'_ <