The URL can be used to link to this page

Home My WebLink About01-05988 ~j n_ ,,-:+;.: :::.:,+::~:" ':;~::.::.;: ';;:C';::)::C{::..:C~::){.~;:>::C~::::~~::C{:;,~>>::{ ',:<C;.~'~;.::.::;.;:. ;.::.;:'( ';.:+:} "':.::C": ;0';::+::.;. ..::.::~: ;.s ~ ~ ~.~ ~ ~.~ ~ >.;::C{ j~~;( ::~::.::~;~:::(,:~~>>x {i>>::!t~>>::!~:':::~::C~~ i,~>>::~~-:;~>>::~~, }::C~:.: :,:~:+;~~n!::.::~~::)l1 ~ ~.s -. i ~.~ ~.s ~ i -~.~ ~ ~.;; ~ ~ ~ ~ ~.~ ~.~ ~ ~.~ ~ ~ ~.~ ~ ~.~ ~ ~.~ ~ ~ ~.I ';,1; ~ ~.~ ~ ~.I ~.~ ~ ~.l ~l ~ ,", ~.~ ~ ~.~ ~.S ~ ~.~ * . ~.~ "." w ~.~ ~ ~ ~.~ ~., ~ ~.S ~ ~.~ ~ ~.~ ~ ,,':.~ ~ ~.~ ~ a ".~ i ~.~ <; ~ i ~ B ;:'>>:{)>>:-'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DENNIS F. IEZZI, Plaintiff N o. ..9.~.::-.?9..8.8... CI.Y..I.J:......... Versus JOAN EMILIE IEZZI, ....... p~ J:ElnClclIl!;.. AND NOW, DECREE IN D I V 0 R C E o:f):Lj:1 p./II. ....~..f..........., ~. :2.0.03, it is ordered and decreed that.. . . . .. . . . P~.~~~~. .F: ~ . ~.E.~~~. . . .. . . . . .. . . . . . . . . ", plaintiff, and. . . . . . . . . . . ~~~~. ~!YI.~~~~. .~E~~.I. . . . . . . . . . . . . . . . . . . . . . . . . " 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. . . . . . . . .. . -\ ,..~ ';,' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . By Attest: Prothonotary ~ i ~.~ ,'~ ~~~ ~ ~.~ ~ :,,; t."~ I i ~.~ ~ ~~s ~ i j !l.~ ",.", ~ ~.~ ~.~ * ~{ '".,0 ~ ~.~ ''0;< ~ ~ ~.; ~ i" \/ . t' '''.~ ~ ;",; I ;..~ . ~:i N ~:~ ~ ~ ~ a ~ ~.~ ~ ~.~ ~ ~.~ ~ ~.! ~ ~.~ ~ ~.~ J. ~ ,,' ~ '.' ~ ... :.:.:~: '">>;''' '~:+;'" ~ ~ ::.:.}:: "':.:~"'" :::O>>;~" ':':.:0" ':':.:~'" '.,:.:~, .:.:." -".::.:""_ "+::.;. '-'::.::'" ::.::.::< :::':+;":: '::+::", :::.::+::.,:: ;;'::.;" :::.::.;.'_ ..,.:..;., "-'::+;": ~::.;< ::.::.::.: ~ f>%li 'M_" 'I;, "r,~,~:v,/~y, '_'1' ";1 ,__' ,"c',- " '-I -~ J:~f"'.~'>'--' ,- -">-";-"'-,,,;-- -, --' - ". --, -', - --, . w~~~~~~~_iffi,~~~~. -1- 3 .CD 1/-:) -a? }",., , ~,.~^>W_ . _~..Vw -, ~' ,,' "' ".".. . "., "",,,,,,,,,,,,,,,,,y,,.,,~,,,,,,,,,,-,,.~ " 7/10' ..?;? '. &vf,~~&d!~ ~~~Z ~ ~ o I 2303/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 POSTNTTPTTAT AGREEMENT ~ This Agreement is made and concluded this J1J!. day of '-/j/p . , 2003, by and 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 ~~_-\j"l."." ", =. ., ~._<>,,",_ ,., ","',--o~:' ,- " Fe_" "'~. property rights and all claims for spousal support, alimo~y 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-PAlH T mVORf'p 1TNT)FR SPf'TTON ;;01 (c) OF THF T)OMFSTlC' RFT ATTONS f'OT)F OF PFNNSVT VANTA. 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 orderto 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. T)A TF OF FXFf'T TTTON. 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 '~9't1'I~hm',,_\, V',,__ '""'..>__" " ,.-_" " _,~ ~1',"r"-' ,_, ""c" "":[ ''Y', _--'''"'Ce' 1''''7'.. - date" of this Agreement shall be defined as the d~te of e~ecution by the party last executing this Agreement. 3. RF A! FST A TF/FS('ROW A(,(,OTTNT 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 ofthe 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. PFRSONAT PROPFRTY. 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 VFHW! FS. 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 3 -'W';W'VW,,"~,_,~, ~__~, _,~,n',-r;,'~""C"", ,_""'~",,',,_ '1"'" ." e.. I~ ' ,"- ,- ,-"..., ,~ .,- , , exclusively responsible for the outstanding obligation with respect to the Acura vehicle and shall indemnify and save harmless WIFE with regard toahy 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. R FTTR FMFNT A (TOT fNTS. 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 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, 4 ';"-f~"~ _" ,.~_~'",,,,_,,__,._,,,_,,(?,_._,_ '<" ,,___", ~ 'I" , '., ,-,,~ '" ~, . , ~ :."-~- - WIFE'S accumulation shall be based upon the r~vised i~terest 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 ofthe 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 ofthe 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. SFPARA TF ASSFTS. The parties hereby agree that, as to all assets not specifically mentioned herein, including tenn 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 5 '-"-TI _"; __"c,X,,", n~"' " '''''''''' , ,_"" ,< c_"--" ., n ,>", _ __ ~c " , "'"",",, , , death benefits, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 8. AFTFR-AI'QTTTRFD PROPFRTY. Each ofthe 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 ofthe same as fully and effectively, in all respects and for all purposes, as though he or she were urunarried. 9. mVTSTON OF SA VTNGS AND I'HH'KTNG AI'I'OTTNTS. 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. SPOTTS AT STTPPORT/AT TMONY PFNDFNTF T TTF/AT TMONY. 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 -f'W~;WJ\!'1, ~" _~_""""o__",__,~~__"',,,,r_"'e__," '-~r < I' "", o ~" '-' ~ "- . . 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. I I. OJ JTST ANDING DFRTS. HUSBAND shall assume the following obligations and shall save and hold harmless WIFE from any claim or demand therefore, whatsoever. lrerlitnr Ar.c-mmt Nllmhpr H::Il::1nc-f' Owin~ First USA (WIFE'S name) 4417124138108326 $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 <.~"~ -, 'C"', """,,, ","--<',Y".''o-' .-<"".~"'-'.~-?'__1,~ ,. '<<'1'~ -_, , , .~__, t . ~ . "- In ,-." '", ,'~~'" Capital One Capital One Sallie Mae Education Loans (2) U.S. Department of Education Loans (3) Knight Tuition Plan Loan Vehicle loan for Acura $ 9,88\.00 $ $ 9,888.00 $19,34 \.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 hannless 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. RRFM'H. 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. 8 "'-:-~,i!)r>" =, ~_~~O~._" __ ~,,_"', . 1 _ ^ ~ ,', ." _,,__ ~ ,~ _" [ -- , ,~, ., 13. W ATVFR OF PFNNSYT VANTA mVORrF rOOF RTGHTS. 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. msrr OSTTRF. 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. TNrORPORATTON TN lTTnGMFNT FOR mVORrF. 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 '~~~'-~" <", -"""~"',,'~__"~~'._"(',,"'",7~ ,w,~<I,,"~~_"',' 1'"'1--" "'--'''', "' ,~ ,," , . '" ~-" ;, ..~ ~ '~J"f"~"'" '," 16. r01lNSFI FFFS. Each party hereto agrees to be responsible for his or her own legal fees and expenses. 17. PFR SON A I RIGHTS, 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. FXFrlTTION OF nOrlTMFNTS. 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. PARTIA T !NV A I TOTTY. 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. W A TVFR OF FST A TF rT A TMS 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. 10 '1'~ "~'", ~. ._ ~, ,_~ ,~" "l~ ^,", ~,,-- ". '", 0" _," ,',_.."" h' 21. STTT lS. This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 22. C'ONSTRT JlTTON 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. FNTTRF AGRFFMFNT. 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. RFPRFSFNT A TTON. 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 1. 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. RTNnTNG FFFFC'T. 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. MOOTFTlATTON ANn WATVFR. 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 11 -'--~-'-~ _~ '"'~. ._ ,.~>, >_~ , ," " ',"'~ , I " , , I '<^~;:7'-, ,. , ~ ,^. 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. FNFORrFMFNT. 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 anses. 28. Pl TRPOSF. 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. TNTFNTTON 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 their hands and seals the day and year first above written. 12 '," -"" '., --<~,' - ".,~ ".'--~'-,~ ~-r' ..~ < . , i' & ' ~W,_" 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: &, ~. f!t'//~ f 4~ (SEAL) ~~/&~ 13 '''C'''''>~~, _ '':-,~>,,-'),\lf,::')h''{\'~r.!:~'~'' :~~_~ ~_, d,~", > __I "'- -"",'-"'--' ,-- " ,~~- c_'" . ,T" " ;- COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lhtcp14V\' '-lA. li''\/ '" ~ On this, th~ day of _ Y\VJ SS: ,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. l;1{~ ~/ NOTARIAL SEAL H~~HELLE ELUOTT, NOTARY PUBLIC MY c~ij~~~~~ ~:'~~~NJ~~~~~:~ COMMONWEALTH OF PENNSYLVANIA: Notary Public SS: COUNTY OF LANCASTER ~ On this, the / 1 ~ay of ~/ ~... ,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. NOTARIAL SEAL Troupler R. Wilkinson, Notary Public Lancaster City, Lancaster County, PA My Commission Expires April 24, 2004 IN WITNESS WHEREOF, I have n my hand and notarial seal. - -)M7~//~ f U/;jjAVl ~ otary Public 14 , "",71,f)"f 1,,-,, _,'" "'='0_"" ~"'''''',. 0 ,~"~c,",,, _, I" , "," ," ~," ^ - , , "T ' !~, ,. ' : ~~,,~; '. EXHIBIT A < ""'~;";P'~'"V""'1O,!, .,,_ ,n;,:'c." -'0 ~- CapitalOne- ~ ~c'ount Su~mary 1-"rev\OUS Balance Payments, Credits and Adjustments ;.r:tnsactions Finance Charges $2,667.98 $47.00 $25.00 121.77 12,667.75 159.00 January 11, 2003 17,300 $4,632.25 11,460 11,460.00 :.JeW Balance :\tlrrimum Amourrt Due Payment Due Date Toral Credit Line Total Available Credit Credit Line fa, Cash AV,l.i1able Credit for Cash At your service To all Customer Relations or to re~rt a lost or 5tolen cud: 1-800-955-7070 F,)r free online aCCiJunt sccvice and. special customer offers, log on to: ....ww.ClpiuJone.;:om S~nJpaymalt> to: Ann: Reminance Proccuing Cnritll OneServi.:a P.O. B,);(85147 RlchUlond., VA 23276 Scnd inquiria to: Capital One Service P,Q.Box85015 Richmond, VA 23285-5015 Important Account Information It'$ Capital One Bowl Week time again! Tune in to ESPN, ESPN2, and ABC starting Decembe, 17 for the best in p05t-se:1S0n college footb:lll 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 into ABC to watch the Capital One Bowl live from Orlando, Florida! '" ~ ~ ~ '" PLATINUM VISA ACCOUNT 4305-7218-2742-9346 NOV 13 - DEC 12, 2002 Page: 1 of 1 Payments, Credits and Adjustments 1 11 DEC PAYMENT RECEIVED - THANK YOU $47.0n 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 $25.00 You were assessed a past due fee of $25.00 on 12112/2002 because your minimum payment was not received by the due date of 12/12/2002. Finance Charges Plt!tut! see U"J'mt! Jidl!ftr im/"1rftmt in!mlUlfir;n PURCHASES CASH Bd/lll/Ur.ztl dP/"itdJ(J $2,675.36 $.00 FINANC!;: CHARGE S21.77 $,00 Pm',Ji( r,Itt ClATupmlJillC .1PR 9.90"!'~ 19.80'1-0 .02712% .05425% ANNUAL PERCENT AGE RATE applied this period 9.90% CapitalOne" " PLEASE RETURN PORTION BELOW WITH PAYMENT. " 0000000 0 4305721827429346 12 2667750047000059005 New Balance Mir.imum Amount Due Payment Due Date S2,667.i5 159.00 January 11, 2003 Total enclosed Account Number: 1 4305-7218-2742-9346 -, Capital One Bank P,O, Box 851~7 Richmond, VA 23276 1.,1,1.,11".1.11...1.11..11."11",11.,,11...11,,,11,..11".1 111,,,11,,,,,,11,,,111 PJ.''''u t,i1l1 m.,i/i,,! JJ.lr<'iS .m,Pitr (-"",if rl?mCls 1!'l1ClT,1J uJinc N/J( 1/" h/",-t illl:. A. ; '-j..., y' \1 J ; I " ~-( Str~~'_ ApI If City Sm~ lIP HQmePhoh~ .6JI~mllePhQIl~ Q Em:tilAddrm #903~71~78~238088# MAIL ID NUM8ER EMILIE IEZZI PO BOX 21 BAINBRIDGE PA 17502-0021 1."111.,.1,1.1.11"",1,111,.,11".,,1.1,.,11,.1,1.,,111,/,,1 r .... '" - .... "' c = ~ - = = ~ PI.:au writ.:.vour account numb.:r 011 YOllr dxck. or nIOlleY orda nIa.-kt{~Yilbl.: to Capital Olll! B(lII~ awl m"i/ ill /hl! e'llclou.-l e'lwdofe'. (~ <i'I,< ....",,-r;:o _ ' . -~, --- ~ ~ ,. " ,,, ,,~, New_.6alance Payment Due Date /$18,458.3t', 01103/03 'f .,-- A~':'~I~nclo'.d 1$ Paat Due Amount Minimum Payment $0.00 $369.00 I Make your check payable t~ Arst U8'A Bank, N..... , New address or e-mail? Prlnl on back .l'.U.~.l. UJ.Ll... FIRST USA BANK, Nil P.O. BOX 15163 WilMINGTON DE 1 M86.5153 1",111,1,.1.,1,1,.1.,11",1,1,."11,1,1,.,11,,1,1,,.11,,11.,1 441712413810832600036900018458315 / f Il}~' \~L9 \~\ EMIliE F IEZZI PO BOX 21 BAINBRIDGE PA 17502.0021 21354~6 1,.,111..,1,1,1.11,.".1.111,.,11",.,1,1.,.11,,1,1,.,111.1.,1 I: 5000 lr bO 281: 2 2 lr l, lr:l8 lrD8:1 2 b bll' ~O , , ON ~o N~ ~~~.~,t~ ';.'l.'"~). Statement Date: Payment Due Date: Minimum Payment Due: 11109102 . 12109102 01103103 $369.00 CUSTOMER SERVICE In U.S. 1.800.677.7101 E.paftol1.888.446.3308 TDD 1.800.955-8060 Outside U.S. call collect 1.302.594.8200 I VISA ACCOUNT SUMMARY Previous Balance $18,683.04 Payment., Credits . $373.00 Purchnses, CaBh, Debita + $0,00 Finance Oharges + $148,27 New Balanc. $18,458.31 Account Number: Total Oredit Une Available Credit CaBh Acceas Line Available for Cash 4417124138108326 $27,000 $8,541 $5,400 $5,400 ACCOUNT INQUIRIES P,o. Box 8650 Wilmington, DE 19899-8650 PAYMENT ADDRESS P.O. Box 15153 WIlmington, DE 19886-5153 VISIT US AT: www.fireIU8!l.lIom ECARD REWARDS SUMMARY ECARD REBATE: $ .00 TRANSACTIONS 11(25 7441712NT016JSFFP 12109 Merchant Name or Transaction Description PAYMENT. THANK YOU 'FINANCE CHARGE' Amount Credit Debit $373.00 Trans Date Reference Number 107.29 Oategory Purchase8 FINANCE CHARGES Dally Penodlc Rate 31 days In cycle .02737% .05477% .02737% .02190% .02737% Oorrespondlng APR Cash advances Promotional purchases Promolional purchases Promotional purchases Total finance charges Elfeollve Annua' Percentage Ral. (APR): 9.40% Grace Period Type: A (Please Bee back of sfatsmenf lor the Grace P"rlod explanation.) The Corresponding APR " the rate of Interest you pay when you carry a balance on purchases or cash advances. The Effective APR represents your total finance charges ~ Including transaction fees Buch ft8 CAsh advance and balance trnnsfer feel. expressed as a peraentag-e. 9.99% 19.99% 9.99% 7.99% 9.99% PERIODIC RATE(S) AND APR(S) MAY VARY Average Dally Balance Previous Cycl. Current Cycle FINANCE CHARGES $0.00 $12,643.83 $107.29 $0.00 $0.00 $0.00 !0.00 $412.09 $3.49 0.00 $5,503.61 $37.36 0.00 $15.07 $0.13 $148.27 IMPORTANT NEWS THE YEAR END SUMMARY, A RECAP OF All YOUR 2002 CREDIT CARD CHARGES, IS ONE OF THE GREAT BENEFITB WE OFFER OUR VALUED CAROM EMBERS. YOUR COpy CAN BE ORDERED UNTll3/15i2003. Cilll1.877.YES.3505 NOW. ORDERS Will BE PROCESSEO BEGINNING JANUARY 2003. PlEASE AllOW 6-8 WEEKS FOR DEliVERY. GET A FREE CREDIT REPORT WHEN YOU TRY PRIVACYGUARD FRAUD PROTECTION FOR 30 DAYS FOR ONlY $1. DISCOVER THE SECURITY OF KNOWING YOUR PERSONAl RECORDS STAY ACCURATE. CAll 1.888- 430.3980. OFFER NOT VAliD IN CA. EXPIRES 03-01.03. FIRST USA IS NOT ASSOCIATED WITH PRIVACYGUARD OR ITS AFFIliATES ORDER 4.6 OZ OMAHA STEAKS FilET MIGNONS ON SAlE FOR $39.99 AND GET 6.4 OZ BURGERS FREEl CAlL 1.800-228.9065 AND ASK FOR '4381AWN. ADD $9.99 STD. SIH PER ADDRESS. liMIT 2. EXPIRES 1/31103. FIRST USA BANK, N.A.IS NOT AFFiliATED WITH OMAHA STEAKS. q;'ln Ofl"'? l1r;n linn 7 f, f1?l?nfJ ro,,"n 1 n~ ~ ""rf 'linn' nnrnn n1...r~f"''' '*t'HOO,~J),,~~_ ~',_) " -,< ~, "I ,,- o '",n-\ 1.1'1'; f"1 Po' 5"" ) S-~ '; ~ " (.t"f J"1 r,.l' ..., o-w January 23, 2003 J{p,ylJank Wi/\ Kr';'i 1~(")\l::11tUHl !~!.1:,('!Jl":r;:-; 74-5 .'\~.hlntlc i\....(\r:l:!! \~... .F;~'i aO,...Wi"1 .'i11\ \)2 \ ~ 1.;:i':\S Mr. Dennis Iezzi A-6 700 union Street Birdsboro, PA 19508 lei f117 :~4is.(lOLCi :\00 Kl~Y-U,:~~r.J Fn:(' f, j 7 34l:l.IjOZO RE: Achiever Loan Account # E 1894-17717-01 Student: Casey Iezzi Dear Mr. Iezzi: 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. C..h Paymant. r.ceived during the periods Total of payment. roceived principal Repai~ . . . . Interest pai~ tor period Late and Other Charge. , Insurance pr.~~ paid Fee. Pai~ . . , . . . . Le.t Payment Date Loans Advance~ (tor the period) , Principal Balane. (not a payoff tigur.)4 Accrued Intere.t (prior month end) . . . (07/JO/9~ to 01/23/03) $ 9,75~.67 $ ~/OU.1J $ 5,678,55 $ 0.00 SO.OO $ 55.00 12/31/0J $ 9,180.00 $ 5,158.88 $ 0.89 If you have any other questions regarding your account, please contact our Office at 300- KEY.LE;-..1) (539-5363). ext. 6408 or the address indicated above. SIncerely, Key Educatlon Resources KER/ms :-':!'i'~'l;'\';~!l:lil\t.~~:~~,. __, ,h "'"'" :1'"'" "'--' "', ' <"""'>" 1','" _,,,.., '_0 ,"_' ,~ '" ~ , ~..,...,"""",~' "'J~ ,"" . --" ,"~- ' ,-" ' - DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 Civil Term JOAN EMILIE IEZZI, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Bv 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 Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: ; (2) date of service of the Plaintiff s affidavit upon the Defendant: 4. Related claims pending: None CIlw ~~ Attorney for (X) Plamtl ( ) Defendant -,[ "'~','_--""",<"t- -,>""~,,,:,~p" , -,_-; ,,'_'""\',,_ '''''c-w" ,~,'I" ", ,,-.,.,.... .",,,, - ~ --~-, ?,!'"-,'" ,-~, ."' -:" - , . <'-.=~ -'-",""""-~,,..,~'-' ..,,,-.,,-,"-",~,,",, '-"-' -,..- ,~., .< .. ...., L'. ._...... ...,.".....,' ,-~~,,',' . -.-. -,- &5 ",1/ ..~"i>..,' I;\;; ,y,'>,,~ .,,,,.,,,,-, """".-"""1111 JL 0 ,-, C _.J r:::J. ~:: (.,.) '-n "'lJ ("n -,,"'" mj~-. <r;,,,,," ~;T '::,?:.:1- (fJ ~c ,'4","1 _____"':0- c:o ~C~- .;;: -- r~" z.. --C" )>c r"-.5 "~) L '.-"'i =<! ,="-,,) ~5J O~ .,,< l1n'1~11rfilll''Ii'''' i i i .:'''--!''-'~"..,...,:~j __C", -'.'1C"'''''''"''''''''=_~~ ~'-"""'__ ,_ 4J!l.!~~Q!W~-}r-m'f~~~I1!\1~T1!'WJR~!i!'ll".1I'j DENNIS F.lEZZI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001- 5tj~ Civil Term CIVa ACTION - LAW IN DIVORCE JOAN EMalE IEZZI, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LlliERTY AVENUE CARLISLE, PENNSYLVANIA. 17013 ~ 0Jr!N\{l1;q MAX J. SMITH, JR., quire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey,PA 17033 (717) 533-3280 "J.,_::~ "~';',,"" _'?!'''' ~_~, _e"'(""~?,~~"""",-",,,,,,__<~_,~"'t:" _"__I_,~__ , =" , "'-,,,"",,~ .", '", . . ,-~ .. :f."'~~~ - .' vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-59Sg Civil Term DENNIS F. IEZZI, Plaintiff JOAN EMILIE IEZZI, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT 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 Geary 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. ;-:-;~'" "c~~ r ,,",,_",,,,-,,, "',, -=',",,"""'," ,b,<_"'>-"~,4"-'" ",~~y~;::;,'I"-_"" , ,',,,..,.'_' '~"'~_",,,~,,,~O"_',__ " "',,__" .''"', '.'0'-.' _" "' ~" ~= t-"".~""'" " . 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. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Dated: October 17,2001 {4~ MAX J. SMITH, JR. squIre LD. No. 32114 JARAD W. HANDELMAN, Esquire LD. No. 82629 James, Smith, Durkin & Connelly ill' P.O. Box 650 Hershey, PA 17033 (717) 533-3280 "~"""''''''<,'\P-,'l''''','''"-"I'<~~'''''''''''=<" '<:=~_,,~~.. _ ,,,,,__,,,,,,,__~,'''';;I':':'7''"'''- '",_, ____~h,' _~~,',~~, ,- ,--~--,.~ " ,,-' .~~,' . , 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. 4~f(~ DENNIS F. IEZZI "'l,'3",~J"', ',_ ,<,0, ,- I ~ ., ." , . ""1'-0 " '0\ ~ . ~~ '^' w ~ ~ '_. -- ...J ~ '" _J"_<_~' .f,__' i ~ ,,",,,,>, ~_ j"'~"1 ',~~ -_-::;""^_"",_,,~o=_,,,.,,"- ,,"_' ,_!rr:li!Wjlj'i'JliW.'ijif,~"~~liil!Ji~~ .-,.,,,,~II!I ^^' -""'(~'-< '.._A>,~''''' ""'"l-'",,,,,,,,_F-'''.'~' ~~~ . () C ? ""O.~. mill ~~D 65l..~, -<'C:' r-c'.' S" ZC) :;;;0 c :z =< ~ lI' ~ ~ .~ '0 \ \ c,.., ~~ \3~\1 \ ~\ ~~ !J'!~f~~_tf'<",,-"l'F;'}"-H"" ','i"";_'-' L [.v-....!'I. C) o (, -.... ~I o -q __,I -.J ."'l' ::J.: ---, ~~) S:) ,'-' '.,J ~f~ ''''' ":J:J .-< ';~""-foj.~~~~~~l!t~~~~i';':' ,#- ... DENNIS F.IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001- 5fft CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE JOAN EMILIE IEZZI, Defendant AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE NOTICE If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on October l:L, 2001. 2. The parties to this action separated on August 8, 1998 and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably 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 divorce 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. Section 4904 relating to unsworn falsification to authorities. DATE: October~, 2001 ~~~ DENNIS F. IEZZI , '~\:" - _c<"<'-' ~,,"_.,"" "_",,,,"_~,-f?< ,..."...", "" ';" ^'_'-_'; _,:>?,_'h'"~"..-:;c "~__","'''''''_" .~,;,1 <_ " "- ,,~,,~ """' - ",_ ",,_. ;, "",,- .',,--~ ~~ ~ ___"'C, ," ~,~ ,,0'_ ~ ~ --~<,-,(',-'<"" " "'<"~"" '" "L'P' ," ",' -~',,"" r '--'~'~'-7' ~ ,~~ ~~ .. " _"'P'~'_'~'~ d_." ,~~ """" ''''T''n'_I~I1iiCTill'r;w'';c1'lil o c- s: l}r;, nlFr{ 2:''''-; z( COJ:;" ~6 ::s zO $0 ~ ,'\.) CO o 1;' C) -q f,; o n -.j .", ,_F I [:' f, (', ''0 :J: /--, ?L;:kJ ~:jf~ --1 p; :0 -< ~:, ~ i;:: I",' f' \": (, f{' ~~~~~~if!~'ll~:rr~p _ ".';"",-,_:,_,,). _,~,'~~~~~ ~~,l/i!!I'l!'::~}I.~':~I_;r DENNIS F. IEZZl, Plaintiff : IN THE COURT OF COMJvION PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 Civil Term JOAN EMILIE IEZZl, Defendant : 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 Emilie Iezzi 295 S. Second Street Bainbridge, P A 17502 Mailing and return receipt cards attached hereto. M:p!PEfl~ l.D. No. 32114 JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 "!;t,~""",,"7_"'" ",' __ ~_ <,__,~ .".~.~__.,-<""".,"'"C~"',~" ,_ ,"""I, d' ,~" '~>"'Il"'"'" 0" . .."",,"',,., r, .r _,_.- -- ,~- '-- ,--~'"--,","..~---, ,~~,.~ ~ ~ '-1 -\,,, --- , "..I ~"",' " ~ '~ "'- > -,~, W_M",-, ^-'~ "-"' '" "c" ,",'-' , ..,,,,...~~,, ~~"uiitflll;fi'l''-'''~'~-''.HErrr':--~' r -: -"~<-1i1!~""~'_"t~Jt ,-" t ","U """"""!,""",,",,,---,~ "'~' () ~ Ut~l~: n'll'-:'-' Z:r. ZC ~i': r:::C: 2(~, ~~~ ~'l -<. c f-.v :c:'" \.Ci s'.? ~:: ~, -< ,"" '''''~~:J"!_",I1Jr~,~~r''''?'':,~':, {,~~/~'jI!!l.'[~,!.~:",__ __,":- ,,~-! ,-",z.;i} ~~ I'- I'- Cl Cl fT1 fT1 ...lI '" Postage Certified Fee Return Receipt Fee ru (Endorsement Required) Cl C Restricted Del1vel)' Fee [j (Ehdorsement l3equlred) o Total Postage & Fees ;j" r-9' entTo .-'l Si;.ei,.~..~.~....JLQ.[~.........m.....................m.. ~ ~:'~.~.f.q?...~.,..~c~8~~~..............m... .e'iompl~iiiitem" 1\.2,i!rld3: i\!sbeoiT)plete ". . ' "em 4 if Restricted D~liv!ll'Y is desired. . - Print your name and address on ,the reverse so that we can return the oarq to you. . Attach this card to the back of the maiipiece, or on the front if space pennits. 1. Article Addressed to: ~V\ ~Lu. ~0!::J' . Jc.S S. 'S'-ccn.d- S+>-ed :Q.. .' 1_" -' _ C1cJ.. J...:t)J'''V~<f' \'l~\}' . 2. Article Number fT~'Q . ....',..,.. PI3""""_l~,~~l, r_",,,._e, D. I e1ivery address different ,from it If YES, enter delivery address below: .' 3. Service Type jl!.CertifiedMaJl o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.D.D. 4. Restricted Delivery? (Extra Fee) iI!1ves 7001 1140 OOD2 &b33 oon 'n. H"" '" -. ,~" . - 'H' '" " , ;". , "......... ,~ , "..o-"t 1lto"l""1ic Il~m Receipt t9aS95-01.M.1424 ,'.." ""_""<~_,,,,~,,", ,~_~~".-"'\__ '~"",,,'_' ~ '__0 r.,~"""'o_ " ,,'\.-.....1 <. "" _'f' " ,""n, ~,," 0' M'~' c..,. ,,_~ " ~ ," -, .." ,,' """.,,- ., ,~ ~"~""'-""~~ " "i:" "l ",__~ ""',,-,._,_,~-.~-,,,:.~,- ,"""-,-- ~I!~l'" " - ~M>'_ ,~ < ~~-,.~ . - ." j ._~" ~,~~,.~-," o ~: -nni fll!,,',' --;;-'-r: ~S~ \~ -?' =":-i -<. L_~ r--.J ~ )-:-i" -~'"..._., nil (~ "',,:- I ,.0 c - ~..; I]":"; ::.".....) ,";::,n-t , , - '1:) . , '1';' .- ~ ::r: -~___.',""." .~__ ~.~ "-"<'_,r,__""""l1!f.'f-I'"Wl~"f~~~";C;;r.lJlffiJ_WMq,~,~~~ _-_~~~!fl -'_~_~_fo'" ~,,)1~~ ... ~ DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 Civil Term JOAN EMILIE IEZZI, Defendant : 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 of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised ofthe 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 Pac C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3/.:L.fCJ3 . L1J.4' DENNIS F. IEZZI ':",':(:"-_~_'_.'-C' ,- ~---'/, "-"''"1':'(-'- Vi ,~,e,:,,~_'V'~'" ." "?-':''''', "--'-,.,, I": " - , -' :('.'.- , - <, ,-,_"r',;,"'e;'- ",,' n-',- DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 Civil Term JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 Pac C.S. Section 4904, relating to unsworn falsification to authorities. Date: 3 /~. /03 . ~F~ . DENNIS F. IEZZI 'Yr :1~'[J..}T).I;':""~'''_<VH''~7'<,'':'''._C "'-_~-~f;':f,,:,- _.~, -," ;'-"" -_-,_,~ .-',,", -~ ,.-, ~,'" _c' ,__ "" '0"'. -, 'I 'I i '; '-:i :1 n j ,1 ~ ii " [:-1 H " ~- ,-" -,~'-"""-_1 ~~ - '>-~ '""'~-' '"'~,~__. '." __" C'_, ~,~ C) -v~ rp;-'~ . --'", :ii- (7))- --'~ -:: c:: ~::= --';:;: 1~~~ 7; :::::; ':~' C.:' '7: -.l '"\J j'.) :.) Ul ._) ::---'1 ..":>. ~J -< ,~, "" -'_., _.,' k>,..."~_,v>,,,,'\~,~L _"~~~~;s:tq"W"]~,~~,,,,_,)~_~~J'=Of.)~!'~,,,-_ -:-" "'~'::J'~" :'"C, l! .. DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 Civil Term JOAN EMILIE IEZZI, Defendant 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 of a Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a decree being handed down by the Court. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pac C.S. Section 4904, relating to unsworn falsification to authorities. Date: , ~ /; ~/q 3 / J~~~ \:u,~ -:; ~ ," -r"":'.':, "__-i::;;'<f"'_,~F,';;~;~':~"-_-'>J!_'1_7~:'-:'c',n'" '_ ,,,:' ": """'10:: ,,-_'{', ,~.." ""_~"_,,,,,;,<_, , - I ~ \1 11 ;! ;.i " :'1 "I :,1 ;'1 :'! ~ 1 :1 ii '" ,""', " ,_, ~~-'"" ,- - ,-~_,_,,,,,,~ ',A_~~_,. ,~_~,," ~"' .M ... 9) r~:-~ 6~:':,o _/- c:~ i-.: -;"-:- -t-_. ~~ (0-) i": o (~,J ~~ " -1,'- ~;:;',. :;';:) f'.~) ~'7'J- " ". ::> r-",) ,.T?~'fiI~~~I-';I~~@t~~~~'~N~' ,- ,~'1_~;~-,~J~~~l"~-:'~~: I\! ~ .' ~ .. DENNIS F.IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 Civil Term JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 Pac C.S. Section 4904, relating to unsworn falsification to authorities. Date: (1 / ~/() 1 JO~~47 f1) . "y '" ',:"",-," " -,.',,,:;,'". ,",,;., .',,", ,~ ""? . , p,- "I ."-"-;~" ~< , f.4:. "" -,' >~,,- ,--I' , " ~ " .' ~--" ,_"c..,c -- < ~ r - .' - ~ 0 () '-.. r- C,) -n < J_,e" lJ \. 2~ "~,,) ",'-. (;~ , -- v ..:..;,- ( ""-.) -~ :::> I " _ ,."" ,,, _ . .,._.,_ "_' 'C- ,._.~,-,,~'1',%1:I)~M>~~~~!,,~, ?i~-'" -,~,~",1:r:;}':>. ':,i'~, ,~":"1l_~,~~.t+lJ~'",r~-'i.,.,,~,:,~~n~~lPfPl!1; ., ~ ".,"~ -- -"-<-., - DENNIS F. IEZZI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VB. NO. 01 - 5988 CIVIL 19 JOAN EMILIE IEZZI IN DIVORCE Defendant STATUS SHEET DATE: ACTIVITIES: '3 (7--1 {~j, ~t t'}IJ('6 ---..~ 1(/'7 o~ - ! ,", .J ^'---.." ~,,"_'J,',' . " . - ~- ,- , ". ,- ~- ~I^' , 'r ,~ - . DENNIS F. IEZZI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 5988 CIVIL JOAN EMILIE IEZZI, Defendant IN DIVORCE TO: Max J. Smith, Jr. Attorney for Plaintiff John F. Pyfer, Jr. Attorney for Defendant DATE: Tuesday, April 16, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. '-,\- .'- ,__c'_, "'.Y',',', "":"_~i'"v"""'; '_""':~',~_7 _I ' 9',. -1 ~"~ >, '-,~ '" ' , . " (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. '~:'~"\WJi_'j _', _, ' "~'~-""=",. _,~ __"" ' I I-'~,> - 1 ~ i€<~"= "" ~'. , DENNIS F. IEZZI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 5988 CIVIL JOAN EMILIE IEZZI, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Max J. Smith, Jr. , Attorney for Plaintiff John F. pyfer, Jr. Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 18th day of October 2002, at 9:30 a.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 9/3/02 E. Robert Elicker, II Divorce Master ~'"'\""<'i"-~ -'1""'-"_''-'''', _ ''''''C?,-'''''''',,-,,--~''''' ,,' "_' i' ,,-.-' ~ ~-=I - -, '.'" , "" DENNIS F. IEZZI, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 5988 CIVIL JOAN EMILIE IEZZI, Defendant IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Max J. Smith, Jr. , Attorney for Plaintiff John F. Pyfer, Jr. Attorney for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 23rd day of October, 2002, at 1:30 p.m., at which time we will review the pre-trial statements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly yours, Date of Notice: 10/14/02 E. Robert Elicker, II Divorce Master "i!f1i.._"" __-J..Jt,^,_+C'" '\'; !',"'_; -'_,i'..--" ,. ''''O\-'-'':-:_~;:~~t'-';':___,;''_:,':ICF '''-_-,'"'_.'''''' . -~,' ~"',,.. '''1 ,II!!': }AMEs SMITH DuRKIN & CONNELLY UP Max 1. Smith, Jr. mjs@jsdc.com March 20, 2003 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, P A 17013 In re: Iezzi v. Iezzi No. 2001-5988 In Divorce Dear Bob: You may recall the above matter, in which I represent Dennis F. Iezzi, and John Pyfer represents Joan Emilie Iezzi. The parties had reached an agreement at the pre-trial conference on January 17,2003 in your office. Accordingly, I am enclosing three fully executed copies of the Postnuptial Agreement, and am requesting that the divorce be processed for finalization at your earliest opportunity. Affidavits of Consent and Waivers of Notice have been filed on behalf of both parties. In the event you require anything further from my office to facilitate finalization of the divorce, kindly advise accordingly. Thank you for your kind attention and cooperation. Very truly yours, JAME~MITH, DIETTERICK & CONNELLY LLP U Jill Max J. Smith, Jr. MJS,Jr.:ams Enclosures cc: John F. Pyfer, Jr., Esquire Dennis F. Iezzi ;1:,:; z'~ ~" c'"'_^''^'\''<-''"'';~:<'<cV;''>;__:''^:--''-::'"~''' ,,"''"'"~'''~"''''' _h'",''' '"..p''_'''f:"':''' ,'<"C-""""",!,-. 'l"'c_ ~ ~V"_', __" V:'"p--,,~ ,-r__,_- -". , .,.......'... .' ,. ,.,..M .' -,~, I. t\ W U F I' Ie" S JS'}( 134 SIPE AVENUE HUMMELSTOWN, PA 17036 MAILING ADDRESS P.O. BOX 650 HERSHEY, PA 17033 TEL. 717.533.3280 FAX 717.533_2795 INFO@JSDLEGAL.COM WWW.JSDC.COM GARY L JAMES MAX J. SMITH, JR. KAREN DURKIN JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE GREGORY K. RICHARDS SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN BERNARD A RYAN, JR, COURTNEY L. KISHEL KIMBERLY A. DEWITT OF COUNSEL: MANLEY & DEAS, LLC COLUMBUS, OH , ,~, <c~,~-' ,_."_ , ~ 0- ~" , , r (', ,~?- August 13,2002 VIA FACSIMILE/FIRST CLASS MAIL Max J. Smith, Jr., Esquire JAMES, SMITH, DURKIN & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Re: Dennis F. Iezzi vs. Joan Emilie Iezzi Dear Mr. Smith: We have met at length with Mrs. Iezzi regarding an overall resolution of this matter. Mrs. Iezzi has authorized us to propose the following: 1. The existing cash escrow account including the additional funds from the real estate settlement would be released in full to Mrs. Iezzi. 2. Mr. Iezzi would assume the marital debt to include the school loans on which he is currently paying, as well as the credit cards obligations on which Mrs. Iezzi is currently paying, which debt now totals approximately $32,000. Mr. Iezzi would need to make arrangements to remove Mrs. Iezzi's name from the debt or transfer the obligations into his name. 3. Each party would retain their own PSERS pension benefits subject to a lump sum transfer from Mr. Iezzi's contributions and interest in the amount of $52,000 with said transfer to be completed by Domestic Relations Order and completed at the time Mr. Iezzi elects to receive his payments. The lump sum payment would include interest at the Plan rate offour (4%) percent from the date of the Postnuptial Agreement to the date of actual distribution. 4. The current Support Order in the present amount of $330 bi-weekly would continue for a total period offourteen (14) months from the date of the parties' Postnuptial Agreement and would continue to be paid through the Lancaster County Domestic Relations Office. "'"I/~ !", -"1-'0" ':-1' ' .. "1l'r'- ."<0' -.-, ~.~_ ", ~".~."" "-" ,_ _ ~ '. , ,:,1-,iJ? .' !", '^" .. . Max J. Smith, Ir., Esquire August 13,2002 Page - 2 - We would appreciate your rcviev.~ng the above proposal with Mr. Iezzi and if the terms are satisfactory, we will be happy to prepare the Postnuptial Agreement for the parties' signatures. We believe the proposal is extremely reasonable and appropriate and provides for slightly more than fifty (50%) percent of the marital assets to be retained or transferred by Mrs. Iezzi and with a limited award of alimony as set forth. Please advise at your earliest convenience given the upcoming requirement for filing of the parties' Pre-Trial Statements. Thank you. Very truly yours, JOHN F. PYFER, JR. JFPjr/trw cc Joan Emilie Iezzi ",k\'If~"'__9:""',-r;;.t~~-W!~~~_," ;1,;;,;.";;~,jf,'-~ ':'<., .', 1!ll!1~~ ~ ..llPl'lffl''!'''''''"'''' ," " "~_.'~C" ~ :i~ ,2 , "~".,.~~~ ):.~ DENNIS F. IEZZI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT , I. 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 Leister's Present No No Retirement (H) Report- Exhibit "A" PSERS See Leister's Present No No Retirement (If) Report ~ Exhibit "A" 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. -"'-fi^'-''''',~" . -. ,-. _~, ~:'~_1,~,,'''~'<7:-';,''';~:'''iP'T;'~, <"," _"'-'c":':;':~': _~'f'DI -,'" ,,[, '''',''~_",~,;h" ,:",!, ' "_,__, _,__<'~-- >~,,- - -' ,~ ,'",. 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 1. Plaintiff, Dennis F. Iezzi 2. Defendant, as on cross IV. EXHIBITS 1. Harry Leister's Report by stipulation. 2. Blue Book Values of automobiles. 3. Wage Statement of Plaintiff, Dennis F. Iezzi. 4. Escrow Account Statement re: proceeds of sale of marital residence. V. INCOME See attached wage statement of Plaintiff, Dennis F. Iezzi. VI. EXPENSES Plaintiffs 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 ':'~";"'->; ~;-'\':---- _1'" _":~''"'o''''_r _,^, ',;, "_","_~":!::',"'!?;_'.",.'''-_',"'':';_'''':,?,~ .!:,,,\:,c;'"-'~~/'I:.?''' ~o "-' " -"-~"-"';'~ ,-"'1'- "-t,,',,"<,.. , .,' ,"~ ,_ ''t- :',. ,- -f' ".,,'-'1""'-~-~"'_~~".)"" .___.~"". ~".",__,~"=~,O"~._. ,<" .r_ 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 . Plaintiff proposes 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. " '1" ) ~"1-, .c" '-;''''~~,-t-;:, <_" ,-,'-"',"'''''-~'''~?'>'~ ,-~,;." ,-,--,~;"" <;,1,: '"''':'____:_:_:!f''':':'-~:_!"''',-,_'',,'','',''',',,. '"_, "-"_ "I'_'~_ -_ ,-'. ",,- . ~ - -,. ~ "_"'-~ - "....f'I _'._ ~_'<_',=~ ,"- ::t . 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 Plaintiffs APL obligation to Defendant. Date: Augnst 23, 2002 MAX J. SMITH, JR. LD. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 l'jrtT:,-,F.;" ^-','" ""-''('-< ,-;--,'(f",t'-~,-'" -'''''_''-':-';.'''~ ,."_,,,~,:,,~~, !,,:_l" "~":,,:";r":' -,-- ,- '-" -~,?,_~:,-..~_~, .,e.' '<\ty' ." _ __" n~"'^ _". ,,~_ "' J . - - '--r-"---~ : ::=.::. 7": ...... ..., - --- - ...1 - -.'-- ~':"" Conrad M. Siegel. F.S.A. Harry M. Leister, Jr., F.S,A. Brian S. Sann, F,S.A. Clyde E. Gingrich, F.S.A. Earl L Mummerl, M.A.A.A. Robert J. Dolan. A.S,A. David F. Stirling, A.S.A. Robert J. Mrazik, F.SA David H.. Killick, F,S.A. Jeffrey S. Myers, F.SA rhurr.:Js L. Ziullll<::l'man, FS.A. Glenn A. Hafer, F.S.A. Kevin A. Erb, ES.A. Frank S. Rhodes. FS.A.. AC.A.S. Holly A. Ross. F.SA Charles B. Friedlander, F.S.A. John W. Jeffrey, FS.A. Denise M. Polin, F.S.A. Thomas W. Reese, A.5.A. Janel M. u=ymeister, CE13S Mark A. Bonsall, F.S.A. ' Jonathan D. Cramer. A.S.A. John D. Vargo, A.S.A. '~)~;, ,~,~- ro, ,~ilI!I_W!lIl!!', ~" ~ Conrad M. Siegel, Inc. Actuaries/Benefit Consultants 501 Corporate Circle. P.O. Box 5900. Harrisburg, PA 17110-0900 PHONE (717) 652-5633. FAX (717) 540-9106. www.cmsbenefits.com February 19, 2002 Max J. Smith, Jr., Esq. James Smith Durkin & ConnellyLLP 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 - $68,412 as of June 30, 1998. Currently, Dennis F. Iezzi is 52 years of age (age nearest birthday). The Public School Employees' Retirement System is a defined benefit pension plan. The pension benefit provided upon retirement is based upon the final three- year average salary and the years of service. Normal retirement for Dennis F. Iezzi is age 57 (age nearest birthday). The figure that is marital property for divorce purposes for a defined benefit pension plan is the present value of the pension earned during the marriage. The following table shows the pension benefit earned as of June 30, 1998, adjusted for retirement at ages 57 and 62, the present value of such benefit, the "coverture fraction" and the present value of the pension earned during the marriage: "'"'r~ ~~~, < ,- ~ , ~~""''''' {$f'~~~, Conrad M..Siegd, Inc. Max J. Smith, Jr., Esq. February 19, 2002 Page 2 Retirement Age 57 Age 62 Present Value Pension Present Value Coverture Pension Earned Benefit Pension Benefit Fraction During Marriage Maximum single life $400,602 .96 $384,578 annuity of $3,706 Refund of contributions $409,566 .96 $393,183 plus interest & maximum single life annuity of $3,157 Maximum single life $272,052 .96 $261,170 annuity of $3,706 Refund of contributions $279,170 .96 $268,003 plus interest & maximum single life annuity of $2,949 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. IEZZI 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. '-l?'~~ , . ,_,o,_,~_,_1':' ,,__" __ ..,.,_ "'~~<, 1-" "_ 0 -~I/I ....., ~- J {~,~(l 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 ofthe 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: Retirement Pension Benefit Present Value Pension Earned Durin" Marria"e Age 62 Maximum single life annuity of$1,008 $81,994 Refund of contributions plus interest & maximum single life annuity of $730 $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 fernales. 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. ;~.,.~~o '.~"'" _ ~,;_ _,,_, , ",',"""1 ~ ~ ' J _i~,~~i 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, ~/Vl, ~~)\cT' Harry"Nj.. Leister, Jr., F.S.A. Cons~ing Actuary ~-,,,,,1'~_~___. _^_~_~> ".~" __,,'~', .','0" _ ", "-"~ ~-';-~r ,> . '" DENNIS F.IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant : 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 ofPlaintifrs 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 rll/J ~ / ~ ,,\)1D3 MAX J. S ITH, JR., Es uire LD. No. 32114 James, Smith, Durkin & Counelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 ;:it !;" ,'''" , , "-,', -0," ''''">_''',_~>~,;' ,-,',-:>-," ". ,,~"~"-:"-''''''',,", - ""--'OC'--",,_,-;-;'^ ,~ , ,m < .-"~~< ~~,.."~,"",-,,,",,-,^ ',<<"< <"<~ ",.<<<,..,<<'<<n<', < -~ .-"'Y."".r'~_"_ _'.""~ _~ "~~",,11Ii1,'1~1 n 10 0 C N -0 ~- "'" --< ""On] ~ ~~ q;JO,l '- G") t5S N -,-"]!-rr W :._~)cr ':!.!.- CL ....._~ ;Co " ..'--:'.j(J :J::L >- :::.: r;.?C5 zQ :f,;u ~'" ::s rn C Z --< =< M ~ ,J:;" "'~.",~~,, ':' :>~. - ~ ~~" ~- "--'" '--~-,-~, -,>, !,~;l~~'J~TI'~'~"",,_,:-;", i<_~~,,? _' " i" ,~;,.'",,;'i;:; o I 2303/CCS/drllPostnuptiaVIezzi 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 POSTNlJPTTAT AGRFFMFNT d This Agreement is made and concluded this J1.!!. day of '-!Ifp i ,2003, by and 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 thei~ respective ~,!j>:<--r: l = 1, _ '-"_>._. .". ,._q",." _ ,_,_~,'" .._",' ,-".. . H " - ,-,. --- _ .., _~ ("--"" _ ._r" ~, - ~, 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-F AIH T mVORCF TINDFR SFCTION ;;Ol(c) OF THF DOMFSTlC RFT A TTONS CODF OF PFNNSYT V A NT A. 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) ofrhe 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. DA TF OF FXFCTJTTON, 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 "c,-,i'?(I}rj_~,__"""", ,~. - < , ,.,'~".^.' -- ., , "'"__'''0'''-''' ,-,,' . ,.~~=.-,- ,-, -" -, date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. RF A [ FST A TFfFSCROW ACCOl TNT. The parties' former marital residence has been sold, and the net proceeds from the sale ofthe 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. PFRSONAf PROPFRTY 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 VFHW[ FS, 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 3 -''',,",,-,_'''~,'' '. '"~~_,,,.n,",_~s'6""" "".F._"_.__ ~"r ,',"". - .N"~~ --\~""--,...,.-".,-,.,, '. 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. RFTTRFMFNT AC'C'OlTNTS. 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 ML 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 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, 4 '---. ~ ,t, ~ . ,~ " <~ ".' .'_"F _, ~ e 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. SFPARATF ASSFTS, 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 5 ',~"J!.'~_~_, "~_~ "',__'" ."_ ~"~"'f'_ ~. ~I - ~" , , '. '''-' death benefits, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 8. AFTFR-AC'QlJTRFO PROPFRTY. Each of the parties shall hereafter o\\.'ll 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. mVTSTON OF SA VTNGS A NO c:T-lFC'KTNG AC'C'nT JNTS. 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. SPnTrSAT STJPPORT/AT TMONY PFNOFNTF T TTF/AT TMONY. 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 ofa 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 ::1"lt~J!f_[_,-,!" '~', _ _ _ ,.~'.~ ~ ~'" "."", ,", ",,1, ,""_ I~-~--' '.~"" ",' _.--; 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. II. or TTST A NOTNG T1FRTS. HUSBAND shall assume the following obligations and shall save and hold harmless WIFE from any claim or demand therefore, whatsoever. C'rerlitor Acc.onnt Nllmhpr R~I:::Inr.p Owine First USA (WIFE'S name) 4417124138108326 $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 ~J9;2"^~-',=,",,,,,~,~-,, _~",~",,,,'""','~"'" "-,1_'"""-" '1' '--~--;~,-~; " -~ 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. RRFAC'H. 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. 8 ""C1'i!!'t~ ~"" c_ ,_", ~~r.'J"',,'~~,"" ..,^u..' "'~"-' I' , "~'" "-. 13. W ATVFR OF PFNNSYT VANTA mVORrF rOOF RTGHTS. 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. mSrT OSTTR F, Each ofthe 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. TNrORPORATTON TN TlTnGMFNT FOR mVORCF. 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 ;~ ',. ,ff,_ .,,*_,_;-' .~~,,(, ""4"'~'^" _I~_ ."!"~ _ < 0" ~- ] 6. rOT JNSFT FFFS, Each party hereto agrees to be responsible for his or her own legal fees and expenses. 17. PFRSON AT RTGHTS. 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. FXFrT TTTON OF nOrl TMFNTS. 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. PARTTA T mv AT lDTTY 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. W A TVFR OF FST A TF rr A TMS. 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. (8) 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. 10 :;~""1l,~;"".~~"" ,"_< _'~',~"'~_s_"" ','.':' ,_,,,,,,,__,_,,.. ""'.-"'1"1'\-: ..",~ __"_ ,..,. - "- 21. SlT1JS. This Agreement shal1 be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 22. C'ONSTRllC'T10N. 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. ')" -~. FNTlRF AGRFFMFNT 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. RFPRFSFNT A nON. 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. BINDING FFFFC'T. 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. MOnTFIC'A nON AND W AIVFR. 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 11 '~,,"~(~ ._",,,-~_.<-,,,,,,.,\,,,,,,,-~-,,<_.-,,'.~ ": "- "I,' ',>,' -"'.'-'.-", ----,,- any of the provisions of this Agreement shaH not be construed as a waiver of any subsequent default of the same or similar nature. 27. FNFORC'FMFNT, 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. PI TRPOSF. 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 ofthe 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 specificaHy subject to further review and consideration under the terms of this Agreement. This Agreement is not intended to be a mere Separation Agreement. 29. lNTFNTION. Each of the parties hereto intends to be legaHy bound hereby, and this Agreement shaH be binding upon the heirs, personal representatives and assigns of the respective parties hereto. TN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 12 "f,\1;'~!'1 ~fL -, ." ';',\_~_ :'''!1,'i\'',,~ ,i1':-_,_,~",,,,"-t'- ",'""'/"'1-'1 f' ,,,~, 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: eft- ~. ~ it-P~ f J2ff (SEAL) ~~~~ 13 ~~ '.' ',<~-'''r;,<f-''-~-':'ci':''~-'-1' _- <~::'-!"~, -~,,- ',-, ",." 'I . ,'- . - COMMONWEALTH OF PENNSYL VANIA COUNTY OF futi>lul/\1 On this, th~ day of v1\QrrJ\ SS: ,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. NOTAf!IAL SEAL H~~~~L~E ElL/OTT.NOTARY PUBLIC MY COMM'~~~~ f:M~~~ J~~~N9~i:~ COMMONWEALTH OF PENNSYLVANIA : L;1{~aeu ~/ Notary Public SS: COUNTY OF LANCASTER ~ On this, the /1 ~ay of ~ / ,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. NOTARIAL SEAL Troupler R. Wilkinson, Notary Public Lancaster City, Lancaster County, PA My CommissIon Expires April 24, 2004 IN WITNESS WHEREOF. I have n my hand and notarial seal. -)AA7~/J~ f iJJ~ ~ otary Public 14 ;J;:,_llJr, ",,_.tJ _"'''''::C%,__,,,",~,_'''_,C'';',__. ,.. "t- ~ '__ ~', ' 1" ,-- ~ -- :" " ", "^' EXHIBIT A ;;'!f!t!':'~1!Mr , .~. -,.,('1" ~=_ _"" _'"" .", 'I' ~, '. " ' >, ", " .l':apitaKOne" ,\ccount Sunrnary . )revious Balance 'Jayments, Cn,d:ts and Adjustments ::'rans..'lctions o\na\\ce Ch3Ige~ $2,667.98 $47.00 m.oo $21.77 'Jew Balance \hnimuffi AmolJm Due C)aymenr Due Date $2,667.75 $59.00 January 11, 2003 $7,300 $4,632.25 $1,460 $1,460.00 Total Credit Line Total A'I:lilable Credit Credit Line for Cash Avaohb\e Cred.it for Cash At yout' service T <) ~ll CustoH\er Relations or to report a lost or staten card: 1-800-955-7070 F'lC free online account 'd'Vice and specl:1l customer offen, tog on to: ....ww_ClpitaJone.com Sendpa)'mcnr. to: Ann: Remittance Proccdng Capital One Savic~ P.O. B,),l 55147 Richm<lnd, VA 23276 Send inquiries to: CapitalOrlcScrvices P,O. Box 85015 Richmond, VA 23211S~S015 Imponllnt Account lnfonnation It's Capital One Bowl Week time again! Tune in to ESPN, E.SPN2, and ABC st:lrting December 17 (oe th.e best i.n posHeason college football actiol1t to see your favorite teams fight for bowl championships, and for college football's ultimate prize~ the ReS National Championship. And on New Ye:l.r's Day. be sure to tune in to ABC to watch the Capital One Bowl live from Orlando, Florida! '^ ~ ~ ;::: ~ PLATINUM Y1SAACCOUNT 4305-7218.2742-9346 NOV 13 - DEC 12. 2002 Page 1 of 1 Payments, Credits and Adjustments 1 11 DEC PAYMENT RECEIVED - THANK YOU $47.00 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. T mnsactions 2 12 DEC $25.00 PAST DUE FEE You were assessed a.pa.'it due fee of$25.00 on 12/t2l2Q02 because your minimum pa).ment was not received by the due date of 12/12/2002. Finance Charges PURCHASES CASH Bd/ol"'tToltt Atp/itJta l2,m.u $.00 PIt!lU~ lee rrotTJo! lido!ftr imf<<'l(wt infmnation C ,. FIN.' ANCr. urr:$RollnC CHARGE PrruJi, r,llt .0271n .05.US%- 9.90% 19.80% t21.7i $.00 9.90% ANNUAL PERCENT AGE RATE nppliod this poriod CapitaJOne" ,. PLEASE RETURN PORTION BELOW\Y1TH PAYMENT. ,. 0000000 0 4305721827429346 12 2667750047000059005 NewB.uance Minimum Amount Due Parmcnt Due Date $2,667.75 $59.00 Janu",y 11. 2003 Total enclosed $ Account Number: 4305-7218-2742-9346 "l Capital One Bank P.O. Box 85147 Richmondl VA 23276 1"1,1"11",1,11",1,11"11",11",11,,,11,,,11,,,11,"11,,,1 111",11",,,,11,,,111 1 r' 'I--, {i <J --- .... '" ~ .... "' c = "='" - = = Pl,'olJ( tTint m'lif;,,!; "J.!T(11 JJ/!.V9T t-".",i! ,b'lI1!;a b,'!vw wing NUl 9T /01.,,'" ink. ( I -' Str~~( A~,' 11 City 5tu~ ZiP Hom~ Pholl~ .llJt~rllltePhoM C~ Em~il Addrm #90347147B423B088# MAIL ID NUMBER EMILIE IEZZI PO BOX 21 BAINBRIDGE PA 17502-0021 1",111",1,1,1,11"",1,111",11,,,,,1,1,..11,,1.1,,,111.\..1 r PI,.t1Jt! wrjtt!J'oIlT iJctOlll1t nmn/.':T Oil YOllr dxdl. or mOluy order maik/,ay<z/J/t! to Capital QIlt! BIl"k alld fIlJiI j" thl! olc!oud t!Ilwlo/,", -''';'*~''''''''>4'~J_ "^_'~C' ,_,~__ ~",~_"__r;~ _0 _,,_", ',S, 1 ", " " ,. "' Ne~BQILl,~ Payment Due Dote /$18,458.3t) 01103103 '-., ' . A-;;':U'~l ~;,closed 1$ Past Due Amount Minimum Payment $0.00 $369.00 I Make your check payable to Arst USA Bank, M.A. New address or ,e-mail? Print on back .l'.U.UJ.1. ~..hJL'1. FIRST USA BANK, NA P.O. BOX 15153 WILMINGTON DE 19886.5153 1",111.1"1"1,',.1,,1',.,1,1,,,,11,1,1,.,11.,1,1,,,1',,11,,1 441712413810832600036900018458315 / EMILIE F IEZZI - ft-; f' ~~~ PO BOX 21 ~v , BAINBRIDGE PA 17502-0021 \~ Z135446 1",111."1,1,1.1"""1.111",'1,,,,.1,1...1',.1,1,.,111.1,,1 I: 5000 H,D 2Bt: 2 2101, j,:IB j,OB:I 21;1;11' ~O , , ON ~~ N~ aJ~~.~,t2 .'.'1.' "~l' Statement Date: Payment Due Date: Mlnimum Payment Due: 11109102 . 12109102 01103103 $369.00 CUSTOMER SERVICE In U.S. 1.800-677.7101 Espaftoll.888-446.3308 TDD 1.800.955.8060 Outside U.S. call collect 1-302.594.8200 I VISA ACCOUNT SUMMARY $18,683.04 . $373.00 + $0.00 + $148.27 $18,458.31 Acoount Number: 44171241 38108326 Total Oredlt Line $27,000 Available Oredit $8,541 Cash Access line $5AOO Available for Cash $51400 ACCOUNTlNQUIRIES P,o. 80)[ 865Q Wilmington, DE 19899-8650 PAYMENT ADDRESS P.o. Box 15153 WilmIngton, DE 19886.5153 VISIT US AT: www.llrBlu88.com ECARD REWARDS SUMMARY ECARD RE8ATE: $ .00 TRANSACTIONS Trans Date Reference Number 11125 7441112NT016JSFFP 12/09 Merchant Name or Transaction Description PAYMENT. THANK YOU 'FINANCE OHARGE" Amount Oredit Debit $373.00 107.29 Oategory purchases oash advances promotional purohases promotional purchases promotional purchuea Total finance charges Elfeollvs Annual peroentage Rate (APR): 9.40% Grace Period Type: A (Please see back of statement for the Grace Period explanaffon.) The OorrBflpondlng APR is the rate oi interefl\ you pay when you carry D. balance on purcha.ss or cash advances. The Efleclive APR represents your total finance charges -Including transaction fees such as cash advance and balance Iransfer lees - expressed al a percentage. FINANCE CHARGES Dally Penodlc Rate 31 days In oycle .02737% .05477% .02737% .02190% .02737% Oorrespondlng APR 9.99% 19.99% 9.99% 7.99% 9.99"10 PERIODlO RATE(S) AND AP!,!(S) MAY VARY Average Dally Balance Previous Oycle Ourrent Cycle FINANCE CHARGES $0.00 $12,643.83 $107.29 $0.00 $0.00 $0.00 10.00 $412.09 $3.49 0.00 $5,503.51 $37.36 0.00 $15.07 $0.13 $148.27 IMPORTANT NEWS THE YEAR END SUMMARY, A REOAP OF ALL YOUR 2002 OREDIT OARD OHARGES,IS ONE OF THE GREAT BENEFITS WE OFFER OUR VALUED OARDMEMBERS. YOUR COPY OAN BE ORDERED UNTIL 3/1512003. CALL 1.877.YES-3505 NOW. ORDERS WILL BE PROOESSED BEGINNING JANUARY 2003. PLEASE ALLOW 6-8 WEEKS FOR DELIVERY. GET A FREE OREDlT REPORT WHEN YOU TRY PRIVAOYGUARD FRAUD PROTEOTION FOR 30 DAYS FOR ONLY $1. DISOOVER THE SEOURITY OF KNOWING YOUR PERSONAL RECORDS STAY AOOURATE. OALL 1-888. 430-3980. OFFER NOT VALID IN OA. EXPIRES 03-01-03. FIRST USA IS NOT ASSOOIATED WITH PRIVAOYGUARD OR ITS AFFILIATES ORDER 4.6 OZ OMAHA STEAKS FILET MIGNONS ON SALE FOR $39.99 AND GET 6.4 OZ BURGERS FREEl OALL 1-800-228-9055 AND ASK FOR '4381 AWN. ADD $9.99 STD. SIIi PER ADDRESS. LIMIT2. EXPIRES 1131103. FIRST USA BANK, N.A.IS Nor AFFILIATED WITH OMAHA STEAKS. ~(,"n nnr,'l \11::'1\ 1'H'10 7 f., 0(1701) fl"lnn 1 n( -.: "II"IIrr r,.,nn ""I/'I,nn n'...,..,..r"'~ ~~1!~~n::o/*~",...... [_,~l-_m_~ , ~'j\i"j'''''''''1 '~1-""'~' " ~ ,- -~ :'- , , o"'.A 11'\ 1.1 '1 .; 1"1 po'/- 5 S"~: ~ ... ('i11 ) r':".or , c>K January 23. 2003 KP.',yUu.nk u.s,\ Kl-:'t' IZI1U(:l1twn i~l.1,(".II'~:r.:-; 7.j.;J ..\~.l1tntlf. A\inr.:w ~~!l, ,1;':1,", aO')tDi' MA oz'\: 1.{7:\~ Mr. Dennis Iezzi A-6 700 union Street Blrdsboro, P A 19508 lei h1';' :qfs.~lOLC tWO t<;l~Y-l.i,:~~r) F~x' f,i.7 34H.iJ020 RE: Achiever Loan Account # E 1894-17717-01 Student: Casey Iezzi Dear r-.!r. 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 thl,S account from its inception to the present date. ), C..h ~.ymaDt. r.ceived during tbe periOd! Totml of Pmym4nts ~.c.ivsd p~incipal Repaid , . . . Incerest paid for p=riod Lat. .Dd Other Chargee . Insurance pr.mi~ paid Fees Paid . . . . . . . Last Psyment Oats LoaDG Adva.ncec:1 (for ~h. p.riod). Principal Bml~nc. (noc a payoff figure). Accrued Interelt (prior month snd) . . , (07/~0/94 to 01/23/03) $ 9,754.67 $ 4(0~1.1~ $ 5,678.55 $ 0.00 SO.OO $ 55.00 12131/02 $ 9.180.00 S 5,158.88 $ 0,89 If you have any other questions regarding your account, please contact our orfice at SOO- KEY.LE;o..-o (539-5363). ext. 6408 or the address indicated above, SIncerely. Key EducatlOn Resources KERfms ~'-~w"j\\'~,,~, " -" <. - -,,-,-- "._n""',^"'n'_ ' d< _", " ~I ~~,; 0 ~r 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 Defendant's Pre-Trial Statement I. Background The parties hereto were married on August 23, 1973, and uhimately separated on or about August 22, 1998, when Mr. Iezzi left the marital residence in Bainbridge, Lancaster County, Pennsylvania. Husband is currently 52 years of age having been born on August 12, 1950. Wife is 51 h years of age having been born 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 employed at Exeter High - School in Berks County as a teacher and coach pursuant to a voluntary change of employment. 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 be approximately $73,000.00 , ~~~1""",, _,,",,,L:C ,_~'"", "V'_'__ ,~ .__,_,,,C,,,",.", - I ," "1 ' ~_ " ,~ .~ , -''-,,- " "" '; ,"~," ,",- '-r ~ ~.- - ~"",". ' -, ~ -'''- 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. III. 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 of6/9/02 2. First USA - Credit Card - $20,291.00 as of 8/8/02 3. Capital One - VISA - $2802.00 as of6/12/02 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 Civil Term 2 "i";~,~~ ,_=~_ \~_.-' ,-", ~"',,,,,,,,,_,;,_,,_ ",_"",' _. 1_' 7-_f'_';'_ > , " , . -, ~- ~ t, _~ :mJ IV. Witnesses - Exhibits 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 information. V. Pro~sed 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. Iezzi for 6 years in the amount of$250.00 bi- weekly. If resolved prior to hearing each party would be responsible for their own attorney's fees. Respectfully Submitted, PYFER & REESE By: J tt 12 P.O. Box 1597 Lancaster, PA 17608-1597 (717) 299-7342 No. 2001-5988 Civil Term 3 <;{!,~(';:::,,,,l,_ ,0,,_ _, ~,-r',,, ._ _j_."_ ,"~"__ ' " I, ."._, ., I "I' ~-, -", - -' - - ," - .. -~ "~ 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 ofPa. R.C.P. 440. Service by first class mail addressed as follows: Max 1. Smith, Jr., Esquire Jarad W. Handelman, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 PYFER & REESE Date: ~~\D~ No. 2001-5988 Civil Term 4 .~' ~f;lj;lt,_ -.~,"", ,<' c" '''C'''-'-'''::'~':'''~ ,".-'"1 ,_" ," 'c\"'" , I ' I' -' -'" " .' ""C ~~", -" '1'-< >, " '--, ",,,.0_1'_"".' , "~ -, , < "-'''''"~~,'''..--,~,,,',," <,-".'"' ~~ ' .4 .. - .~ - --' - ..- : =.::.. 7': ...... .., - --- - ,-.1 - -"-!~-1 Conrad M. Siegel, F.s.A, Harry M. Leister, Jr" F.SA Brian S. Sann, F.S.A. Clyde E. Gingrich. F.S.A. Earl L. Mummert, M.A.A.A. Robert J. Dolan, A.S.A. David F. Stirling, A.SA Robert J. Mrazik, F.S.A. David H. Killick, F.S.A. Jeffrey $. Myers, F.SA Thomas L. ZiUffill;:lman, F.S.A, Glenn A Hafer, F.S.A Kevin A. Erb.F,S.A. Frank S. Rhodes, F.S.A.. AC.A.S. Holly A, Ross, F.SA Charles B. Friedlander, F.S.A. John W. Jeffrey, F.S,A, Denise M. Polin, F.S.A, Thomas W, Reese, A.S.A. Janel M. leymeister, CESS Mark A. Bonsall,FS.A. Jonathan D. Cramer, A.SA. John D. Vargo, A.S.A. - ,jik~ """:~.:':""'_, , !!, "_~~ '>, " __ ",;,~ ,. < "","_,,_?' _, p Conrad M. Siegel, Inc. Actuaries/Benefit Consultants 501 Corporate Circle. P.O. Box 5900. Harrisburg, PA 17110-0900 PHONE (717) 652-5633. FAX (717) 540-9106. www.cmsbenefits.com 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 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: """"1 . ,- '1,-"" ,-~. ~~~ r'''.-I!...",,-~~,' ';.L> ~ -' ", _~" . , "",w~~ .i~'~~ Conrad M, Siegel, Inc. Max J. Smith, Jr., Esq. February 19, 2002 Page 2 Present Value Pension Earned Durine: Marriae:e Retirement Pension Benefit Present Value Pension Benefit Coverture Fraction Age 57 Maximum single life annuity of $3,706 $400,602 .96 $384,578 i: :1 Refund of contributions plus interest & maximum single life annuity of $3,157 $409,566 .96 $393,183 ~'j , '-, " ",' Age 62 MllXimum single life annuity of $3,706 $272,052 .96 $261,170 , i': Refund of contributions plus interest & maximum single life annuity of $2,949 $279,170 .96 $268,003 ') ::~ '-I [' 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 ofthe 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). ~;: h :'i: ,(I :;-: '-'~ JOAN E. IEZZI ',\, You provided me with the following information concerning Joan E. Iezzi: ~,;: 1. Date of birth - May 12, 1951. if 2. Date married - June 22, 1973. 3. Date separated - August 8, 1998. Ii 4. Information provided by the Public School Employees' Retirement System as follows: a. Years of service - 12.52 as of June 30, 1998. i-j:~; ^"~,,, "~', """",___, <_"e,dp;--_"ck_,_,,,,,,_, ,__~_, " ." 1=. .+ ",-.,- " ",-",,-,';' ," "". ,~ ,~'- "':"- -. ,. % ~ ,0_-"; ",~~ ~ ",,,,",,,;~.,,,,, ~"" '.." ,- - =_:~~ Gonrad 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 salal"J and the years of service. Normal retirement for Joan E. Iezzi is age 62. i' t, f: l-' l, i 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. t l! f.' t i 1 f', t i'"i 1 I !: ~ I Ii " I , !:- I i i 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: Present Value Pension Earned Durine: Marriae:e Retirement Pension Benefit Age 62 Maximum single life annuity of $1,008 $81,994 Refund of contributions plus interest & maximum single life annuity of $730 $82,863 f' The pension benefit earned as of June 30,1998, was earned during the marriage since the date of marriage preceded the date of hire. (~ r:- i'-,: ***** i i:'i I i I Ii iJ l: 1" Ii r 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. Ii , I: II I' I"~; I I" !., I I I:' :t~_~":,,,;.~-_,'f::"" ",,~,"~,~./ "c -.~','- ";0"', 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. - '~--~I'''''' "'-L".""r ,,', ." , ,,""" '""~ "p'_,'O ' ~~ -,---,,-- . .~ 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, ,'I , Yours sincerely, ~/11. L~)\i:r' Harry 1j.. Leister, Jr., F.S.A. Cons';Jting Actuary HML:kad ;~,'\,.,'- ^ IE:'lJ", , ,or; -'," "'_';',,_,"'''''~ '_~,__. "_,,, ,,_ ' "I~'" , c",_. ' '"'~"" _,d.., "'"J,." <, "'~ "'" , I'. '.~~~, ~ 080802/ CC S/ drl/IezzilPetition IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI No. 2001-5988 Civil Term vs. In Divorce JOAN EMILIE IEZZI PETITION FOR ALIMONY AND COUNSEL FEES, COSTS AND EXPENSES I, The Petitioner is Joan Emilie Iezzi, the Defendant in the above-captioned divorce action, 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 ofliving established in the marriage. No. 2001-5988 Civil Term i;.~b'l; {C,"""" :~l- ""~'-'i":~,-~,,:, '~H)'" ";;'''' ..' ' . -~" , , J ' '~''--'' e,. ,'r-'=>',.- - ~"1'''-' ""'" r ,\_ ,1" r- /' . 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's 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 fees, costs and expenses as are deemed appropriate, PYFER & REESE By: e o PO Box 1597 Lancaster PA 17608-1597 (717) 299-7342 o. 15743 Street No, 2001-5988 Civil Term ~ L :",~, "'''-' <,'- ',- --'-'-"'-I'h"""""'f''-:l,,''l/'',~ -L~", '~'''',~,,_1:' ,-"(,'" - ,\",1' ," ,'On __'''' "'-, < ;\~,__" ", ""~'?_ ,__".. ' .- .-,~_ _ '=1''''"'', i ~~{:,y <,. > , ..' VERIFICATION 1 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. 94904, relating to unsworn falsification to authorities. Dated ~ /lrJ / oc)- / I No. 2001-5988 Civil Term . 'c~ ~~??'O,_j!'; <'!~'.(f~'''-"-i''''~'-'r, J,'_' - ~ ,-" I" '''.. " -, ,,4 "~1':""/J:1~-,"'~' ~~~ 3 'lO ',1. , ""r -~ ,-' - . -. r'''''''''''~' >"' ,~. ,. ~ --~- ~ . .' 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 ofPa RC.P. 440, Service by first class mail addressed as follows Max 1. Smith, Jr., Esquire Jarad W. Handelman, Esquire Attorneys for Plaintiff PO Box 650 Hershey P A 17033 PYFER & REESE By , 15743 Dated: 8/12/02 No, 2001-5988 Civil Term 4 ,q", " '. -~, '--'="';-". '1:--," - (- '-~!' 'co' , I ,-, '~">____., f_,~<LY'!,_' I'~ "-1,' '.-". -~ , < -,e-""__: ,,-, ,_n> ,n'_," ,,- ','" ,.""","""""",,.,',.?, ',,, ~- -)~ ~) ~ ~ v 7d tL (.) .fQ. - IN i~0 :b6 a~~ 0~t "-i.. ~~~~~i}ff_~~~:-: ""~""'~""~,,r_""','."'F-, _.1""ij<.:~"-;"F'!"t;~~' -, ' r'" ....-. ,. g -"0;1 [tlf'.; Z-T' Zr; ~~ ~;::J ~C) ~2 ~ , '.~, . . mTurr" " o N :t>o c:: ~ "" ''-J o -" :;:J'n rn.....;..! ."'/; :::;>9 ~C) '-,~ --r, '!e'''!) ~() om ~J;! ';0 '-< ;;: -~.. -~., ...J ~ l :"'~JlI'o/"~_'1a-':?T::~~"~~~: " UU1~l"",_,?""_,,::,,,,,_,,,,:_,___,_,,, " _ " ;- "~~~~'"~- .^ 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 Defendant's Pre- Trial Statement L Background The parties hereto were married on August 23,1973, and ultimately separated on or about August 22, 1998, when Mr. Iezzi left the marital residence in Bainbridge, Lancaster County, Pennsylvania. Husband is currently 52 years of age having been born on August 12, 1950. Wife is 51 years of age having been born 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 employed at Exeter High School in Berks County as a teacher and coach pursuant to a voluntary change of employment. II. Income Wife's salary at Donegal High School is approximately $SO,QOO.OO 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 be approximately $73,000.00 ;"~,~l ., ~f ~ ,~. I ,- ''< " ~"" -, "'~""'~!""'""""fi'I"9.2'.'":" 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. III. 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 of6/9/02 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 of6/22/02 6. Knight Tuition Plan Loan - ? 7. Vehicle loan - Acura automobile No. 2001-5988 Civil Term 2 OJ:'i:r''~iJl _ 0 ~"_ ~_ ~ , _- r~'I' n_ , ^ c = f"'"~-~ H~~ -,~~, 1~ IV. Witnesses - Exhibits 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 information. V. Proposed Resolution Mrs. Iezzi is proposing that the marital estate be distributed such that she receives at least 55% of the netmarital assets. Alimony would be payable to Mrs. Iezzi fur 6 years in the amount of$250.00 bi- weekly. Ifresolved prior to hearing each party would be responsible for their own attorney's fees. Respectfully Submitted, PYFER & REESE 12 P.O. Box 1597 Lancaster,PA 17608-1597 (717) 299-7342 No. 2001-5988 Civil Term 3 p~ -, ","","";,"1- _ "..! "~_" 1"-' . '" . 1'_ PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person and in the manner indicated below, which service satisfies the requirement ofPa. R.C.P. 440. Service by first class mail addressed as follows: Max J. Smith, Jr., Esquire Jarad W. Handelman, Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 PYFER & REESE ~D~ Date: No. 2001-5988 Civil Term 4 '~~~tl, - "",__f '----",1 . Conrad M. Siegel, F.SA Harry M, Leister, Jr., F.SA Brian S. Sann, F.S.A. Clyde E. Gingrich, F.SA Earl L. Mummert, MAA.A. Robert J. Dolan, A.sA David F. Stirling, ASA Robert J. Mrazik, F.SA David H. Killick, P$A Jeffrey S. Myers, F.SA Thom~s L. Zillln~lman, F.S.A. GlennA Hafer,F.SA Kevin A. Erb,F.SA Frank S. Rhodes, F.SA, AC.A.S. Holly A Ross, F.S.A. Charles B. Friedlander, F.S.A. JohnW. Jeffrey, F.SA Denise M. Polin, F.SA Thomas W. Reese, AS,A. Jme] M. Leymeister, CEBS Mark A Bonsall, F.SA Jonathan D. Cramer, A.S.A. John D. Vargo, A.S.A. :l"~"",!',,, ""'~; r,\.,-~,<;""'1,",~_~,t'" """ .\. Conrad M. Siegel, Ine.. Actuaries/Benefit Consultants 501 Corporate Circle. P.O. Box 5900. Harrisburg, PA 17110-0900 PHONE (717) 652-5633. PAX (717) 540-9106. www.cmsbenefits.com 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 rebrement for Dennis F. Iezzi is age 57 (age nearest birthday). The figurethatjs maritlllproperty for divorce purposes for a defined benefit pensiollphln 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: , """(t -, , --, -",~ . ' ~ - '.. "-'- ,"- j ["'~~~ Conrad M,Siegel, Inc. .--. Max J. Smith, Jr., Esq. February 19, 2002 Page 2 Retirement Age 57 Age 62 Present Value Pension Present Value Coverture Pension Earned Benefit Pension Benefit Fraction Durin!!' Marria!!'e Maximum single life $400,602 .96 $384,578 annuity of $3,706 Refund of contributions $409,566 .96 $393,183 plus interest & maximum single life annuity of$3,157 Maximum single life $272,052 .96 $261,170 annuity of $3,706 Refund of contributions $279,170 .96 $268,003 plus interest & maximum single life annuity of $2,949 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. IEZZI 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' Retirernent System as follows: a. Years of service - 12.52 as of June 30, 1998. "~-..J__'\'., , __" '-" , 1 "" "..." --~, -''",-1'''' I -,,'- J i~;%~ 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: Retirement Pension Benefit Present Value Pension Earned During Marriage Age 62 Maximum single life annuity of$1,008 $81,994 Refund of contributions plus interest & maximum single life annuity of $730 $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 !lccount 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 fernales. 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. i_;~._~," ,,_cD ,:1",,:"'_ '>':trn,; ''f",~,"_'1' '-' ]"1 ~--, "' 'or '" -~ W" .-~ - <<~- J &;o~~ ~onrad 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, ~/V], Lt~)\?t~. ,--,-) , Harry . Leister, Jr., F.S.A. Consu ing Actuary HML:kad :,,!,,~,r , "~_~",,,~;,__,,, -'~;C""1':-", ~,!" "~!<u"" _~"'?''''''^~~_'''''''' -,,-r~"0"'~~' ,_ 1<'" " 'i~ . ,< ~- "">',",',,,-,"'~'>/"-' ~_. ~."~..,-" ~-~"-<""'~m' TI T. m (") C) 0 ~ r", ""<1 ". .-1 ~\:O c:: '," Z~ <:;') "'1::0 'r N "",r:9 ~.,' f'o) :nC _-2:" r,,l- =<:CJ ",' .J '"<J =el,,- ~O ::I, ~::1~ "-0 )>~ ~ Om --! =< :::> 53 0:) ...- r5 g~1 . _,~ ~_ ~~ .__.,I!iJr:~~_",,,",,,,~J.!k_~_ J~'l'~~~~~~~';W~~'~-f"W"""f\;,1,,.7]"fi'-;~1J:lf.o;!ffR'iU.~'""!'~J~~~'~l!~1!;:1l1IlWlilt~!'i'-'t1l\!~~ DENNIS F. IEZZI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT I. ASSETS A. MARITAL ASSETS :1 ASSET VALUE DATE OF NON-MARITAL LIEN VALUATION PORTION Proceeds of Sale $34,751.94 Present No No of Marital Residence (Escrow) p PSERS See Leister's Present No ;:gffi Nqz:!J'Q '< Retirement (H) Report - Exhibit :;? 1::" r-. "A" :9,,:::-; (..,.) r-~ ~':;', );: ':' "0 ~l--; ... PSERS See Leister's ~.. . !? Present No NO~ Retirement (fJ? Report - Exhibit ,~ "A" :- 1998 Acura CL Blue Book V.lue Present No Yes (H) to be presented 1995 Mercury Blue Book V.lue Present No Yes Villager to be presented B. NON-MARITAL ASSETS None. ~'!t-i>l;:j .Ii, C~_. ,,__'I (. >~..~ ",'" _' '. _-:1",'" ^ ,.0 ., l ',. ,-, ~I ~ o N :t:>o c:: ;") .;) ~ --< -, F"fl f!J :;-',rTI .JJ'~ :::f6 "'i'''--r n-ri ~(") orn ~ -< - ,,- ""~.~ ,fl"--~<~-'.' . ,,~ 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 1. Plaintiff, Dennis F. Iezzi 2. Defendant, as on cross IV. EXHIBITS 1. Harry Leister's Report by stipulation. 2. Blue Book Values of automobiles. 3. Wage Statement of Plaintiff, Dennis F. Iezzi. 4. Escrow Account Statement re: proceeds of sale of marital residence. V. INCOME See attached wage statement of Plaintiff, Dennis F. Iezzi. VI. EXPENSES Plaintiffs 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 : '';';,;lI,,--)'1i;r, "rr ~ d-,.'~ _ ',,-~-,~-:-1"'7~.f ,~ "~ ~ - ~'~_'O', ','_' '" ,_ _.[ ,'-. ~ - 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 ',i IX. PROPOSED RESOLUTION . Plaintiff proposes 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 olo$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. ':Ai"~~,~", ',_ ~~ ,_ ~. ~I ~"~ ~~ jj' "" ,~~" -,~ - . Each party shall pay hislher 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 Plaintiffs APL obligation to Defendant. Date: August 23, 2002 MAX J. SMITH, " Esquire LD. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 '''~\i~___"~"_,,_ ,,'>'._: ~' , ,.., " ~"~ ~~:_--" <; _", '0'0 '~- ). . - - - -',' -, ':f! :' ==:::. 7': ..... ..., - --- - IW J -_.._-~~ Conrad M. Siegel. F.S.A. Harry M, Leister, Jr., F.S.A. Brian S. Sann. F.S.A. Clyde E. Gingrich, F.SA Earl L. Mummerl, M.A.A.A. Robert 1. Dolan. A.S.A. David F. Slirling, A.SA Rober! J. Mrazik. F.SA David H. Killick. F.S.A. JeffreyS. Myers.F.S.A. Thomas L. Ziumk:rman, F.S.A. Glenn A. Hafer. F.S.A. Ko;:vin A. Erb,F.5.A. Frank S. Rhodes, F.S.A.. A.C.A.S. Holly A, Ross. F.SA Charles B. Friedlander. FS.A. John W. Jeffrey. FSA Denise M. Polin. F.s.A. I Thomas W. Reese. A.S.A. Janel M. Leymeister. CESS Mark A. Bonsall, F.S.A. Jonathan D. Cramer. A.S.A. John D. Vargo, AS.A. :"'~1W"'l!IT'l~"",. " ~'_'J"~" " Conrad M. Siegel, ,I~c. Actuaries/Benefit C~nsultants 501 Corporate Circle. P.O. Box 5900. Harrisburg, PA 17110-0900 PHONE (717) 652-5633 . FAX (717) 540-9106 . www.cmsbenefits.com 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 retir,ement 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 rnarriage. The following bible 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 ofthe pension earned during the marriage: I.' " '1"1 ~ , ~~" >" '~I''''''''''''' ,"-""U""-~~~'^ "., ,," ,.- J ,&,~~~ Conrad M. Siegel, Inc. , " . . . Ma~ J. Smith, Jr., Esq. February 19, 2002 Page :2 Present Value Present Value Coverture Pension Earned Pension Benefit Fraction During Marriage $400,602 .96 $384,578 $409,566 .96 $393,183 Retirement Pension Benefit Age 57 Maximum single life annuity of $3,706 Refund of contributions plus interest & maximum single life annuity of $3,157 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 ofthe "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. IEZZI 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. , y,,;,qumllJ.__ '" ~,,"_'" ,'''''''',,"' ., __ ~ , r ~ e I , , .~,--,.~- ;i;',~A Conrad M. Siegel, Inc. " . ' Max'J. Smith, Jr., Esq. Febrllary 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: Retirement Pension Benefit Present Value Pension Earned During Marriage Age 62 Maximum single life annuity of $1,008 $81,994 Refund of contributions plus interest & maximum single life annuity of $730 $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. '"",Fmw4",?"", _ ." ,~, ,~_", . ~ "',~I' " ~,-- . ,"- ';:-h~'('" ,~,"<- ,~I!8<~.Jfl,lVil_,',,, ' _i~~ Conrad M. Siegel, Inc. - , .,' Max J. Smith, Jr., Esq. February 19, 2002 Page 4 The figures in this report take into account the legislation sigued 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, f!-~ /1/], LL~) \i);' Harry Nj.. Leister, Jr., F.S.A. Cons~ing Actuary . "'_ ,n", q -]-" . ~" " r-",'C" ~- "-- - " >" 'r - :':.+;;'j". ','-.< ,-- . '. . , DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 5988 CML TERM JOAN EMILIE IEZZI, Defendant : 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, P A 17013 MAX J. SMITH, JR., Es LD. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 .-_.'f"~11B;f . ,'~ ~.__" _r___,,;_: '" -1'.'. . ~" _ d ' . - r~'~ OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle. PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Traci do Colyer Office Manager/Reporter West Shore 697-0371 Ex!. 6535 August 1, 2002 Max J. Smith, Jr., Esquire JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033-0650 John F. Pyfer, Jr., Esquire PYFER & REESE 128 North Lime Street P.O. Box 1597 Lancaster, PAl 7608-1597 RE: Dennis F. Iezzi vs. Joan Emilie Iezzi No. 01 - 5988 Civil In Divorce Dear Mr. Smith and Mr. Pyfer: Mr. Smith has requested that we move forward on the basis that discovery is complete. Mr. Pyfer indicated in the certification document dated April 25, 2002, that there would be interrogatories served on the Plaintiff for answer. I believe that there should have been sufficient time since we are now in August 2002 for the interrogatories to have been forwarded and answered and, therefore, should be in a position to move forward with this case. A divorce complaint was filed on October 17, 2001, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. An affidavit under Section 3301(d) was filed by the Plaintiff averring a separation on August 8, 1998, a period in excess of two years. Therefore, there should be no issue with respect to grounds for divorce. On April 5, 2002, the Defendant filed a claim for equitable distribution. No claims have been raised in the action for alimony or counsel fees and costs. ~~,r." :;_ 0, ~, _","" _<: '~'1"~-', '" _",to-"" "'f;"'.-. -"~-, _~', '-, " ''':1 ~ '_,:-:,' ~" - , '",-' __, ~-c " ~ Mr. Smith and Mr. Pfyer, Attorneys at Law 1 August 2002 Page 2 In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Friday, August 23, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre- hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to me the pretrial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED BY THE MASTER MAY RESULT IN THE MASTER'S APPOINTMENT BEING VACATED. ':;f:~;~\J~_ ~ "",_.",",~,_"\_~",,, ",,_,. _"""""_' - - ?I'_. ",- . '"ry= '1" ., ~:~"':,l i"'-"'?>'""'~," ,~-, " ," ,,<,,^ , /C ~ /){IID~ t- DENNIS F. IEZZI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 5988 CIVIL JOAN EMILIE IEZZI, Defendant IN DIVORCE TO: Max J. Smith, Jr. Attorney for Plaintiff John F. Pyfer, Jr. Attorney for Defendant DATE: Tuesday, April 16, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. There is currently a Petition for change of venue pending before the Court. In addition, the claim for equitable distribution was only recently filed by Mr. Iezzi. Counsel for Mrs. Iezzi will be serving Interrogatories for answer by Mr. Iezzi. , , ~,-" ~, <=>\#i (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Counsel will be serving Interrogatories upon Plaintiff's counsel with all reasonable promptness. Lt {Z-s( 6?. DATE INTIFF ( ) CO NDANT (XX) Joh ., Esq. 1.D. #15743 NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. <s-",_~,~",um,_, '__~", -" I"" 'I l,~~~.i' , '>L__ !lPJlJ!i'Wi_~, _",_, ',"-'" >" . ~ ~.' ~,--_ -,,~ ''',",,=,,,.,,,. ,~..",' ',h ^,,'"~""".A,,~'" ,.~_ _'0'" .~"'jol''''',~''''-"w. ",'~~~ '""11JIi-,'fliY'l' RECEIVED APR 1 8 2OlI2 ," ",~r mr.r ,~ t'! ~j ", II _ _~ _ ~~~v' H_,~~~.\\,?~~~;lir.s.~",;n~?;jiC"'1~'t<Win,:,',11~itl,,!!I'~,*J:~;9:!ijj'~!i,.;!i-'!F01~;<~"j!i_H\Ii'~~~"" .~.!} ji.W.".- ]AMEs SMrrn DuRKiN & CONNELLY UP Max 1. Smith, Jr. mjsjr@jsdlegal.com July 31, 2002 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, P A 17013 In re: Iezzi v. Iezzi No. 2001-5988 In Divorce Dear Bob: Please be advised that I represent Dennis Iezzi in the above matter. Attorney John Pyfer represents Joan Emilie Iezzi. On April 18, 2002, I had sent you the Certification of Discovery form on behalf of my client. Soon thereafter, Mr. Pyfer filed a Petition to Transfer Venue. Enclosed please find a copy of the Order which was issued by Judge Guido on July 26, 2002 denying said Petition. Accordingly, we respectfully request the scheduling of a pre- trial conference at your earliest opportunity. Thank you for your kind attention, and we look forward to hearing from you. Very truly yours, J~fH' DURKIN & CONNELLY LLP Max J. Smith, Jr. MJS,Jr.:amk Enclosure cc: John F. Pyfer, Jr., Esquire Dennis F. Iezzi :h),3I::'JiIi! '-,e",n '_"'_'_,~_'.~_,' -!C'__ ",~_,=, ~"r."~T ,,.,'_0".',,_ ,>. q",_,'. _"~,_" ,,,,,,,,,,, ~. -" -," , ...., ~- -- --- . ,,_, ,,~ ?~""___ ",L,"" "'L"""""''"'-:"'"'' .,-.] '", I. 1\ W 0 F'" I C r: s JS'}( ',3'1 SiP;:: AVEr,j',JI IIlFl'liv1\C1STOVvr, i{\ ',7C:'d3 ;vIAII.Ir--IG A~JDff'::~~':) p,c. BOX 65() HFRSHEY F'!\ 'leT) TEL, 717 533,328C FAX 717 533,?19~ INf- O@JSDI,[G_L..i..,corVI WvW-i,JSOC.COlv' GARY L. JAMES MAX J. SMITH, JR. KAREN DURKIN JOHN J. CONNELLY, JR. SCOTT A. DIElTERICK JAMES F. SPADE GREGORY K. RICHARDS RICHARD L. DAHLEN SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEil W. YAHN BERNARD A. RYAN, JR. COURTNEY L. KISHEL OF COUNSEL: ANDREW W. BARBIN HERSHEY, PA MANLEY & DEAS, LLC COLUMBUS, OH +')"l-~~" "'~" John F. PyJe.; Ir. Rebert H. Reese, Jr. Christopher C. Straub Sandra Edwards Gray Gabriella Hashem Farhat Catharine 1. Roland Roxanne C. Garner Julieane E. Lozar RScottMorrow ~~~r~ ~~~~~ Lawyers for Life 128 NORTIlUMESTREET P.O. Box 1597 LANCASTER, PENNSYLVANIA 17608- I 597 717-299-7342 /""7'7-299-1376 OffiCES IN WIllOW STREET AND EPHRATA urww.pyferreese.com 1-888-793-3773 April 25, 2002 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, P A 17013 Re: Iezzi vs. Iezzi No. 2001-5988 Dear Mr. Elicker: ~ Enclosed herewith find the Certification of Discovery regarding the above-captioned action. As you can see, Discovery is not complete at this time. ;~ If you have any questions, please do not hesitate to contact us. i: With kind regards, U@ t a. CtmJd ValerieA.~ Paralegal for John F. Pyfer Jr. vac cc: J. Bmilie Iezzi I ',: l,' ,( , O~:;~'.J_"_> . ,',,," ','. "-'-">\ .-'- "'''7~i,~;:~;,_.:,,;::\;~''';:';:~>'~,,:_;;,~,;'.-':_:: />::,'::~'\!'(,;::"/::-2;:::"'>~"~~~,-""",'';- p '~:~:i~_:~ :_,;;. ;;,,;,;i',:'~~'-- 0, '-",..,.."".,,,~, ""' -'t'>"d:;'_:';, ,,';'1;::' -,>," "'.", ~:::.-:-~r ,~-, ' , , , i~ j ;-, -,oj ,J , ~ ~! ',; ]AMEs SMITH DuRKIN & CONNELLY UP \ Max J. Smith, Jr. mjsjr@jsdlegal.com April 18, 2002 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, P A 17013 In re: Iezzi v. Iezzi No. 2001-5988 In Divorce Dear Bob: Enclosed please find the Certification of Discovery form which I have signed in the above matter, certifying that discovery is complete insofar as the Plaintiff, Dennis F. Iezzi, is concerned. A copy of this form is being forwarded to opposing counsel, John F. Pyfer, Jr., along with a copy of this letter. We look forward to receiving your pre-trial directive in the near future. Thank you for your kind attention. Very truly yours, JAME;~H' DURKIN & CONNELLY LLP Max 1. Smith, Jr. MJS,Jr.:arnk Enclosure cc: John F. Pyfer, Jr., Esquire w/encs Dennis F. Iezzi ~:-- '''"'-', "T'::::"!',''';':'-',,;,'':,"'' "'X:r;-<, leL,-, _'7"J~I_0C"'}'''J-~'''',_"",;__",'': c_.'-_'':'_;.'', :'!>,~' !'" "["h, ,.'- ,,~;"''' .<~c,=,- I, }\ \V 0 I' Fie E 5 J5'}( ;34 SiI'e: !>,\iF~HJ[ I IIJr',Jlt,,1FL:)T U\,r'll'J , '.Of' 1i()35 MAILlI\k~ I\Q'.JRi::SS r~ C, GCX 650 HERSHEY, fOp, 1703:: TEL. 7175333280 FAX 717533,27RS I~JFO@JSDU: GAL, COM WWW"JSDC.COM GARY L JAMES MAX J, SMITH, JR. KAREN DURKIN JOHN J. CONNELLY, JR. STEVEN A. STINE SCOTT A. DIETTERICK JAMES F. SPADE GREGORY K. RICHARDS RICHARD L. DAHLEN SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD p, SEEBER NEIL W. YAHN BERNARD A. RYAN, JR. OF COUNSEL: ANDREW W. BARBIN HERSHEY PA MANLEY & 'DEAS, LLC COLUMBUS, OH f" j, -_~:,:-",_, .."L'_ .'~ _"'''''j _ "~ h',. ",_~. ~ 0'>lq/ol}~ DENNIS F. IEZZI, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 5988 CIVIL JOAN EMILIE IEZZI, Defendant IN DIVORCE TO: Max J. Smith, Jr. Attorney for Plaintiff John F. Pyfer, Jr. Attorney for Defendant DATE: Tuesday, April 16, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. ~S OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. '.;!''IJIf '."-- -,^ ,-^- --"".. , . -'T I"~ , :-,,,,~<"e "_~, (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 4h~J/)1- DATE 1l1~FIMlNTIFF COUNSEL FOR DEFENDANT 1/ ( , ) ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. '\''imt;~'t''.'''m" ,., .~,.- ,- ,~,rr, ~__ y "~'-1 ,- 'c r' ,I' . ",-, ~" l' ,.., ~) !'j ;'~; " , i' , ii! i [-j I '.,'.,.1 '. :,,] " 'i I '" "~-I I i-] i',; i;,1 v' Li1 1'--1 1'_1 "i 1'; '" "~I I..; H :.1 i.-I! :,j i ;'-1 Ii ,-'I f,~ r-(-~;._,,)1j_ ' ,. 071202/CCS/ drl/Briefs/Iezzi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI vs, No. 2001-5988 JOAN EMILIE IEZZI DEFENDANT'S BRIEF IN SUPPORT OF PETITION FOR TRANSFER OF VENUE L PROCEDURAL BACKGROUND. The instant divorce action was initiated by Mr. Iezzi on or about October 17, 2001. The divorce pleading included only a request for divorce under no-fault grounds and contained no requests for economic relief Thereafter, the matter was subject to discussion and negotiation among the parties and counsel, which failed to result in an overall settlement. At the time the Divorce Complaint was filed in October, 2001, Mr. Iezzi was a resident of Cumberland County, and Mrs, Iezzi was residing in the jointly-owned marital real estate located in Bainbridge, Lancaster County, Pennsylvania. At the time the Divorce Complaint was filed, there was also a Complaint for spousal support pending in the Lancaster County Domestic Relations Office which had been filed as of September 27, 2001. Thereafter, a claim for equitable distribution was filed by Mr. Iezzi on or about April 5, 2002, and a request for appointment of a Divorce Master was filed on or about the same date. Defendant. Mrs. Iezzi, through her counsel, then filed the instant Petition For Transfer Of Venue ", -__';,:'1"~~"'0-"',~,_~,"~"'YN1'l?,, ,-,.":_7''-' i' '_'_"',,' -1-,'-"-" -, ,~, , ~ ; . - ,~,,~ ?l'"" on April 25, 2002, seeking to have this matter transferred to the Lancaster County Court of Common Pleas, The parties hereto were married on August 23, 1973, and ultimately separated on or about August 22, ]998, when Mr. Iezzi left the Bainbridge, Lancaster County marital home. Both parties are employed in the education profession, with Mrs Iezzi employed with the Donegal School District in Lancaster County, and Mr. Iezzi having been employed as principal for the Middletown High School until his recent change of employment to the Exeter, Berks County School District. Mr. Iezzi resided in Cumberland County from shortly after the marital separation until his recent relocation to Berks County. The parties' jointly-owned marital residence in Bainbridge has been recently sold and settled as of May 6, 2002, and Mrs. Iezzi has moved to another residence in Bainbridge, Lancaster County. There is currently a spousal support order entered by agreement through the Lancaster County Domestic Relations Office. A Stipulation of Facts has been entered into by the parties and is submitted to the Court along with the instant Brief II, ISSUE PRESENTED. WHETHER THE COURT SHOULD REASONABLY EXERCISE ITS DISCRETION TO TRANSFER THIS DIVORCE MATTER AND THE RELATED ECONOMIC CLAIMS TO THE LANCASTER COUNTY COURT OF COMMON PLEAS? Suggested Answer: Yes, The transfer of the instant divorce matter and related economic claims would consolidate all proceedings in Lancaster County, and is also consistent with the location of the parties' long-time joint residence and ownership of real estate in Lancaster County. In addition, the transfer of this matter is consistent with Mrs, Iezzi's continued No. 200]-5988 2 ,"'r,_ ,~ _ ".:~ :'" "''';> ,~' _W',fl'~',1 ,:~"1':,:! '-,,"',"t'T-' h ,-- r -, e,:, '-<:,' ( :"','1<'_",.,,> f.--o/, ,~.,<, . ,-.-" 0,_._,0 "" f ' ,. .( "N~"""O , 0' , ,'1 ,,~ ;;', :~j --'I "'I :i :j -~~ ":,1 '~1 >;'1),'__1;_ residence and employment in Lancaster County. At this time, Mr. Iezzi has no connection, whatsoever, with Cumberland County. III ARGUMENT. The instant request for transfer of venue is clearly a matter which is left to the discretion of the trial court. There is no dispute but that venue was technically proper in Cumberland County at the time Mr. Iezzi filed the instant no-fault complaint and, at the time, the claim for equitable distribution was added to the pleadings. See Okkerse v. Howe, 521 Pa. 509,556 A.2d 827 (1989). It is further clear that the procedural rules impose no specific time limitation upon filing of a petition to transfer venue and that there is no prohibition from undertaking discovery prior to the filing of such a request. See Vogel v, National R Passenger Corp, 370 Pa. Super. 315,536 A.2d 422 (1988). The trial court has great discretion with regard to transfer of venue involves the weighing of equitable considerations, including the plaintiffs initial choice offorum, the interests of the other parties to the action and the court's consideration of the public interest and judicial economy. See Aerospace Finance Leasing. Inc. v. New Hampshire Insurance Companv, _ Pa. Super. , 696 A.2d 810 (1997), The parties resided together as husband and wife in Bainbridge, Lancaster County, and Mrs. Iezzi continued to live in the Bainbridge home until May of this year, at which time the property was sold, Mrs. Iezzi continues to reside and be employed in Lancaster County and is the recipient of spousal support payments through the Lancaster County Domestic Relations Office. Mr. Iezzi is presently employed and lives in Berks County. No. 2001-5988 3 " ',---"'" -,~-!","",,-'~--! "^- ^ I Of:' -=-- , -'~"--" "'I \f -. The Plaintiffs choice offorum must be given reasonable weight; however, the interest of judicial economy in consolidating the support and divorce proceedings in the Lancaster County Court of Common Pleas, which clearly would have been the more appropriate initial forum for the divorce action, must also be carefully weighed by the Court. Clearly, Lancaster County was the more appropriate forum at the time this divorce action was initiated Defendant, Mrs. Iezzi, submits that it may be necessary, if disputed, to provide testimony from friends and acquaintances in the Bainbridge, Lancaster County area, with regard to the parties' respective contributions to the marital partnership. Accordingly, Defendant respectfully requests that the Court exercise its broad discretion and direct that the instant divorce matter, as well as all ancillary economic claims, be transferred to the Lancaster County Court of Common Pleas with further proceedings in accordance with the Lancaster County Rules of Court, Respectfully submitted, PYFER & REESE D~c..~ ~r John . Pyfer, Jr. Attorney LD. No. 15743 128 North Lime Street P.O. Box 1597 Lancaster PA 17608-1597 (717) 299-7342 No. 2001-5988 4 -^,,{ i:,,,...,,,",, -, '-',-~,^ 7-: ":Vi,t',;,~,-- to'". "', " ,~' ~--,~ ,,,;;.-. -. .:<-~ '-~L~;"!'r'" ' "'-'\""___7;"'_[ 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 ofPa. R.C.P. 440. Service by first class mail addressed as follows: Max J. Smith, Jr., Esquire Jarad W. Handelman, Esquire James, Smith, Durkin & Connelly, LLP P.O. Box 650 Hershey P A 17033 PYFER & REESE B~6id, r John F. Pyfer, Jr. Attorney J.D. No. 15743 Dated: 7/12/02 No. 2001-5988 5 ;~r_" ' 0' ',0,< _"_-'':f "';'i',""""'i'~ __,",","_"f"':<o" '--~'-". , 'I"'" .-'- ),"-' 'I' " .~ r' . ,. John F. Fyf'" J' Robert H. Reese, Jr. Christopher C. Straub Sandra Edwards Gray Gabriella Hashem Farhat Catharine L Roland Roxanne C. Garner R. Scott Morrow Gretchen M. Schlagnhaufer ~~~r!!! ~~~~~ Lawyers for Life 128 NOR1H LIME STREET P.OJ3ox 1597 LANCASTER, PENNSYLVANIA 17608-1597 7'7-'99'734' !ax717-'99-1376 2801 WIllOW STREET PIKE P.O. Box 157 WILLOW STREET, PENNSYLVANIA 17584 7'7-464-5900 OFFICES AL<iO IN EPHRATA WUJW.PJJerreese.com 1-888-79],3773 July 12, 2002 "I ;! The Honorable Edward E. Guido Cumberland County Court of Common Pleas One Courthouse Square Carlisle, P A 17013 ,~ Re: Dennis F. Iezzi vs. Joan Emilie Iezzi No. 2001-5988 Dear Judge Guido: "j Enclosed please find an original and two (2) copies of the Brief in Support of Defendant's Petition to Transfer Venue in the above divorce matter. We understand that argument in this matter is scheduled for July 24, 2002. Please note that a copy of our Brief has been forwarded to counsel for Mr. Iezzi. "f; Thank you. Very truly yours, ~ for-JOHN F. PYFER, JR. JFPjr/trw Enclosure cc Max J. Smith, Jr., Esquire (W/enclosure) Joan Emilie Iezzi (W/enclosure) ., '!?~<-~ '>',-- ~" ',~"',~;;;'-<.:2_~<' X/:;;~f0,c'_""":~_' ' '-, -,,;~:;~ '_d, >":~:;-~~-1, ,,~ ~-', . C;<',,,:,' ,_,,co ~':'" ;_~c~~~2"i~~ J:.:;~i:,;i~.ii~;~;;~\;;&d1:l~i,;; ::"i,~:i;';~j,:'" " ~ ,'j;'~:;;;::'~~1_i:1:!l;}L,~ks ;j4::..~-:;S~1.-;~-;:" -,=" "~-- "_0 <~;!'\i,; :;' .,'k~,!ii':',-i: ,___',;-'_,-:,,, 'i, '-",i.':))>'~ '-7"-,,,~t:;~i",'- -';';:_'hc~"_ ,r. -,.,';,.-; ,'- ~ "1'.--': ' JU~.22'2002 10:00 1 717 299 1376 PYFER & REESE :t!='J::d:!:U P.ojU~/UU~ ~ " -jlllmF'JVI;r,,/1: Ullllt,'r~ 'f. HI'I'.\/'..Ir. (;/ll'j,I"'1,II,,)"(:, ."lrm~b Sumlm Hrlll11LTfLf (;rtl1 (;(lb1'it!Uf~ N(~J/.r.1" FtirJull Oll1w-rillHI.RfI/l.nul. H1>>:lIlInH C (;fJ,rnt.r R. S(nU Mmnmr (;n:/de7t M. Sr.hLlg'll/14ufr.r ~~~r . _ ~~~~ J~al(JY'~ s fiJr I~;f(? I ~H NClIlTIII.I~~.!-iT~I'~n I'J.)'JlllxtM17 JJ\I'l(.^~Il'.I(, l'I',NJ'-h\I\',\NI:\ 111;," Ifl'J7 717-:.!!I~r7:H\l .IiLq 17'~!J~t I ;\'Iti ~HOI WIlJHW STIUlcl' I'm.-. I'HHuK 1(,7- Wl1H1W STIlJo".KI', PF,NN~\'I.\'^NlA ~fl'l - . 71?--IILr-!lQoIJ On'ln-:i 1\1~1l1N h'IIIMT" Ilf/j1U1./ryll~Il',\'~,mm l-11HH.7'11.J771 July 2. 2002 VIA FACSIMlLE/FlRSTCLASS MAlL Tasyn Dixon, Court Administrator Office of Court Admini~trali()n Cumbo;rland County Court of Common Pleas One Courthouse Squ8rc Carlisle, PA 17013 Ro;: Dl:lnnis F. Iezzi vs. Joan .imilie Iezzi No. 200]-5988 Dear Ms. Dixon: We are writing with regard to our repr sentation of the Defendant, Joan Emilie Iezzi, i,n tho; above divorce matter. ^ matter relating I the divorce is currently scheduled for argument before Judge Guido on Wednesday, July 24, 002. Counsels for both palties have agreed to submit this mattcr to the Court witbout Ihe ne d f(lr oral argument. Tho; partie~ through <;ounsel have each submittcd their respective Briefs an havo; also submitted a Stipulathlll of Facts Ibr the Court's review in this malter. Plcase advi,se if anything f'Urtho;r is nee ed in order to accnmpli~h the cancellation of thc scheduled oral argument Thank you. CCS/trw cc Jarad W. Handelman, Esquire Joan J~milie le7.7.i John F. Pyler, Jr., Esquire '~:~l!-"-,"1 ,~," '. ~"" -,~ ^. " ,- ,~ T' CHRISTOPHER C. STRAUB :1 ~ I~ THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI. V ANIA DENNIS F. IEZZI Plaintiff vs. JOAN EMILIE IEZZI NO. 2001-5988 Civil TerW Dennis F. Iezzi a master with respect to the (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente MOTION FOR APPO INTl1ENT OF MASTER (Plaintiff) (~~X~, following claims: moves the court to appoint Lite (X) ( ) ( ) ( ) Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. her, (2) The defendant (has) bllxaDll:lVxappeared in (by to attorney, .lnhn Ii" 'Dy-Fc.1"'. T1'" (3) The staturory ground(s) for divorce (is) the action (personally) ,Esquire) . (!~~ irretrievable breakdown (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: (c) The action is contested with respect to the following distribution The action (~) (does not involve) complex issues of law claims : equitable (5) or fact. (6) The hearing is expected to (7) Additional information, if one-half (bt<1UlllS) (days). rel vant to the motion: Date: April 4. 2002 At orney for Plaintiff) (~~ AND NOW JiUil 8 is appointed master with ORDER APPOINTING MASTER ~ ,*-9:Jt1PfJ, C-~~ respect to the following claims: Esquire, 19//- t~ .0'4-o9-0d-.. /. J ~, -'"'~~""~' -~"',~ ,.__"J}' """" ~. "~" ~r ./1."- -,~ ~ J!lllln~~~'lW' ,~~;4~<i.i't.~}_"' ",' ,:c;;> =::t_;i:;""~'~!'L,_,""--'"",--'<ih~~1,tjl"")"';"-'f ;>- 0\ [:; ~ (Y) J-::"":: 0:! "'- Luh,? =:J ~(:~ 0<( :;::: o~ 70 Cl... o~ l[) ;7>- 1...,..1_- <c (j) L'.Ji. J --J2: -~ ;]::z w::: 0:: iLl: , CL i'bl:e << :2 U,~ 0 N =:J 0 (.) ';~:_';:';0,7,\M"<,ti!-'JJJJlJJJU-,,IUl1:,,,,..1~J'J--,,,;_---l,,., ., ~< w ,Eg;:;"lej;'~11(-R~t~M~b-f!jj~;ill;';1;;'iliJli,~t~~~~~;''''~'L~'' 'l~M !-::L.FL'r,OfF;CE OF 'n,'_-' 'C' "'\)'1';:1Y --;-':_:j,i-~<<,\l,)'l'\~ ( ". . .c'. ' 02 APR - 8\.nf'bli,3'~11.\ ~,\ - ''\, \, \;~ i \. \' \ ~"~"'" '. "., ~, ~ <J.. ",! '& ... CUMBEELi\\D C~N! ';:>4 ". PENNSYLVANIA ,",_,'",N-<!"" ;,'''','',H',..''..~C.'_' ,~" ,~_ -,,~ =. ~IJ~- :i " .1/ ,.;;( ~ DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 Civil Term JOAN EMILIE IEZZI, Defendant : 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. f&~"," JARAD W. HANDELMAN. Esquire Attorneys for Plaintiff P.O. Box 650 Hershey, P A 17033 (717) 533-3280 :{j:~:~l",_ - 1',_ "", '"'''''',->"'''''''=..~.,_~,".. ,~'9- '__'_>'''~~ , "" ""~, ,." ",~", -1';.'r\>"",~,"";,,~,,?~..,,-IC"f'"'_ .' >_<." __~,,=', ,.w ._" "-"'""', ,,_, .,'~__ ,~"_>'" ,",,~~_," ___'. - -- -- " ,- ."-- - ,,,, ~ DENNIS F.IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 Civil Term JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE PETITION FOR EOUITABLE DISTRIBUTION OF PROPERTY AND NOW comes the Plaintiff, DENNIS F. IEZZI, by his attorney MAX J. SMITH, JR., Esquire, and respectfully states as follows: :J 1. Plaintiff filed 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. 'i , "1 i ~ 2. There has been no responsive pleading filed to date in this matter by the Defendant. " ','1 3. During the course of the marriage, Plaintiff and Defendant have acquired 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. i:,)'-:JJ.L.. "",, ,~, ~, ,""""'"","',"='''',~".- ,-,~, ~ .._-'----,,~~-~-""",.,_.- """, ~~ ---~ ~_....' , ,'^-- ,~ WHEREFORE, Plaintiff respectfully requests 1lillt at such time as a divorce Decree may be entered, equitably divide the marital property remaining between the parties. Date: April 4, 2002 Respectfully submitted, ~lR" E"lw" LD. No. 32114 JARAD W. HANDElMAN, Esquire LD. No. 82629 James, Smith, Durkin & Counelly ILP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 " " ~~ , -, ~S'-'O!l,,!"-~!>r"" ,,_~,__, -,~,_,,,,,_, ",,,,,__,,,,_~,,",,,,,<_,,,~.'C!m\~f';_H',"_T' ;""'" "',, ~ "~~-,,, ""''''''__~f'~","",''~ _. ,<"", "'"nti" ",. .<,"_,~__ '_'i'''',~-,-l.''._'' " ,n,:= .",. ..~""_ ."". """"""""","_,.",,,,,_,, . __~ 'nn , 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 unsworn falsification to authorities. MAX J. SMITH, ., Esquire, attorney for DENNIS F. IEZZI 1, \~~,-"'," ."_~''''~'~-''''~' ......~ ".. ~,'~" "r."~"~',,, ' "'~ _,,_ '~,""l,,?~,''''~->! ,,:,, -co ",,_,_ ",__,-~."_~__ '",_',c, "__"_',_'_" '_",'''_'',"-,_,,,_~ . ,~,~ ., ,'~, '"'~,_ , , r: _ ;i ! j l :] q ','I il,!T,,~.o,_, . DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO, 2001-5988 Civil Term JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this If 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 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 ~~Wre LD. No. 32114 JAMES, SMITH, DURKIN & CONNELLY, lLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 ,- ~ ,-, ~ ".." . ~- 'on '" ",",-.'.).. 1~^"";'4'.~J-tTiJjMt>i4#'''~k~~'-'a'\i:i ,,".;f1'h~-'~.'~ \".,' .;i~ ~.. t'i'ITf'"'I"~I-'i"I'~';'-'lC , _ ,., D' _~f";'~~fi,')~f%i:F''';'''' _, _~ )1' ""1"--,c: ~ (~ '"'- 0 C) ('\:- C I" () :?' " -:"1 "!J ~~ n.. l"t.. ~'~:J "- /V -. ,j !<,j I:) ; :rn W Cl cr~ J'"' en :..~iS?1 -~ -"_L vJ ~ :;::0 ,-'IC) ~ ~~ -0 ;!i:B t ~ ~8 :;lr. :.:o:;,.() ~ Co C N ,3m Z :...> :;;: 1 ::;! \0 =rJ -< "'-... ~ ~'lr:,,_, .=\,f ~~,'~, . n,"',^,~~= .,.I(I!Ilj!IJ!jI!l!l~ . r.rriJ .,,-, ~L ~_~ . , ,. ~? ~, t DENNIS F. IEZZI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOAN EMILIE IEZZI : NO. 2001-5988 CIVIL TERM ORDER OF COURT AND NOW, this 30TH day of APRIL, 2002, a Rule is issued upon Plaintiff to Show Cause why Defendant's Petition to Transfer Venue should not be granted. IfPlaintiffresponds to the rule, and there are no issues offact in dispute, either party may list the matter for Argument in accordance with our local rules of court. If there are issues off act, 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 rules of court. Max J. Smith, Esquire For the Plaintiff _ ~ ~ 'f/3o/b;>', John F. Pyfer, Jr., Esquire ,..2,. ~. For the Defendant :sld - -"--~, .<" F"-> - " ~1- ,;:'Y,"~;'M;;'- ~"&l",,,,,;,,~",,,,,,,,,,j~~M,t 'J.j.~~~ ~6;_ , , ~,M:"~-_,~_~IU'"",~"\,~,,_J.,~~):_; tt[:~:mJL~J!m 11.i i _,~'''' -==:._,,,,,...,,,,,,,"~S',,,,, . ','~"'"' - - -~' "-,.,,,,",;.~_~.c,~~ -;, ':"~. "~lJii" - -, '''11:--- ,"', - "'.''', .. ,_." . ,".,..~,tt, '., .Q!. -'J'~ or~ t\~) '-' (') l):: /-'["''/7 30 F't;. '", .', //. 'f i. ::;'.. i. ,} CUA:;"d_~. /;',: ,. '", '_', '-_,.. PEIVf';~\1'/I".., (,.{){jNTV ...{ \0rJI;V\!/(~; ''''l I!; ~~ . APR 2 6 2002~ D. ... ~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION-LAW DENNIS F. IEZZI No. 2001-5988 Civil Term vs. In Divorce JOAN EMILIE IEZZI ORDER AND NOW, this _ day of , 2002, upon consideration of the within Petition for Transfer of Venue, it is hereby ordered and decreed that the Plaintiff, Dennis F. Iezzi, transfer the instant divorce action, as well as Plaintiffs Petition for Equitable Distribution, to the Lancaster County Court of Common Pleas, Lancaster County, Pennsylvania. BY THE COURT: J. ATTEST: /~i\1"<'-'~'i J!" .~; ~ ';-'_-~-,= );~:':f''E_! ~" '_"'n~" 'lP,:"~->1'b-;i ,. 'J- "-"'-"' ., -, ,.-. :'"'''. -. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI No. 2001-5988 Civil Term vs. In Divorce JOAN EMILIE IEZZI 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 Plaintiff in 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- ,'-, I,:' ,'-, owned marital residence located in Bainbridge, Lancaster County, Pennsylvania. "~,-I 4. The parties 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. ;"'!-il;[~__.,. '."" "''-;''_"'~~''''~''';~_ '~~"'r<'" ,.,.'''."", t;")i" - -.--'f' !., 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 ;il Relations Office and docketed to No. 2001-03119. A Hearing is currently scheduled to be held on June 13,2002 in the support matter. , "~l 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 1 (i ~i Plaintiff, Dennis F. Iezzi, take the necessary steps to transfer the instant divorce action, as well as Pi I:! I, ~,! " Plaintiffs 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 , I"~ 2 :-", k!;~,.'....,,,,,,,-,< -- , "~~._~;_"> ". ,'~' c "-' <-- ,.-- I' -"-' ">'."-, ;',"-,:_10' ",~>, '- ,~ -,-., ";' I - ""~ any additional economic claims as may be filed by the Petitioner, Mrs. Iezzi. Respectfully submitted, PYFER & REESE By: 3 ,,:; '."~-~, ". ;_,,,! c1t~,(,;,.t<:r,,,,,"~.< -' ' ,,"" ^ t.- ~ " - ,.~, -, "'.",. :---'. <1 i , ' ;'1 ;.< :' !',!~<< ,-~-lj'. 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. 94904, relating to unsworn falsification to authorities. Dated: ~ /23 (tSl.- >,'" ',~~ "'?<~>.,'?~, ~__",u ;,,- "--'''''-1- .,',--0'-,'---''''' -,-~, ct . ~l VJ1~ .... ~;}i,j=, . ~ 4 " ~ ,,< '",', I; ~ 'T~'- .. ~<.. '"' 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 ofPa. 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 P A 17033 'I: l " ; ~ ,1 'i , -~ ,; PYFER & REESE By: :\! -,j ;j Dated: .~ /1,'1{61- . 5 .;; ,11 :~ "1:;,k'"", ~ "'~"",:""j';',-";',"',"-~T;:'-' -","', - - ','r' ','-~ -?~ ,.. -;, ~,_~ _ ,', c" ","'.0' "-. "..""., )" ~ '''.'",' ,~, ,-"" ,;_,'__~:_:"'.,,1_;,, ".:,r." ~'__.', . ""_r, "~'"",""".M"""'] TllrUmru'l'f'jF'j"mC"'llif " c) C) f-::) ~-; ,',of .~n '\:':; :.30 rn ~7J - ::~) ""'- .' N c' ) en r.' l .. 3; "-0 '---, ~ 0 .' 5:.. C) ____,J ..~:- 1'-' 2:" -~ -< o--J ~J -< - "_;~~_"l'_ - ,,"_~.~l~~~-~~~iI}"!!Ji\.~~_~_,~~,",,,jt"~~,,,~,_,,,,__,~,~,._ ,_,_A'f",,~j '~""'9"""~'~"~";''';''' ","'- . ~,"^' ",~. ".~~~ ~." - "~~ I" S/;/o.>- '10'\J\... ~ I f~~~~ ~~~,. .--r ~Jo. ~' f~ "",1,.-! "'1- , ";,.1'''-- D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DENNIS F. IEZZI No. 2001-5988 Civil Term vs. In Divorce JOAN EMILIE IEZZI DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR EOUIT ABLE 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. I. Admitted that a no-fault divorce complaint was filed with the Cumberland County Court of Common Pleas on or about October 17, 200 I. 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, (',~.-,:-~-" .".,< .,,-' :-~"-<?"~-' -',-',>- ',of _ ?<::_'~"I:: - 0 , - /,__ ",~ :r,-"~ ., ,~_",_ - - "", , '-'1''''_~_'''''''''' -'A" -"'!'_ '.. ~ "l~::"", ,,- :",:'F,' the parties 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 oftheir marital real estate, as well as the above-referenced support proceedings. Respectfully submitted, PYFER & REESE By: P. Lancaster PA 17608-1597 (717) 299-7342 2 . "" .,",,- , -" , ,r-- ~. , ,- ,- -,-'- -, ,. _,.'t ,"- '~ ,t- - ., ;{$;r ~:'.~,~~ 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. S4904, relating to unsworn falsification to authorities. Dated: ':,' ~." , , -~-" ,,,- ~ ~.!J~ .. 'Jt1/Y1. . bWib.- J~milie Iez' 'tf' 4/21 JO'L , 3 . - .""', "\'-'1'- ". -'-'+ """,, .c. v_ "':'>~"-'--"-:.' . . ~- 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 ofPa. R.C.P. 440. Dated: ;c;"", ,'_ =,- , ~--"''! ="=" 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 HersheyPA 17033 PYFER & REESE By: D'\.../ . 4 - ,,- ."-~'" ~-"', ",-' r-" . .,'-, - .,..,~ "\', "".-." .,\<__ -,--, ." "'- ""'"~'''.'. ,- "~' ~, " -" , , ~~""-"''''' "'.' , _,....'_~'_n'. ..~ ---"~--"~"--"'''''"'--"'"'''--'''"'-'-;--t'''-rft''l'L ~~ ~Q~~ ~~.::C' ~~~,:; ..v' (:0::. ..Z :~ () c:::. c: ''''~i ?' ;:::" ,) :-0 ,"'0 (jl ::::2 '-'" (j) ~~ 5J -~ 6'5 ~?4 1fT~1IlJl ~,,,,!UIJII~~ _,_~'Il1~1~'~1fre'~m~~~!!!![~rk">~""m:~'~'r _I.n~, -;",<,,""". ,.,~ -",T,,~:" DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant : 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 attomey, Max J. Smith, Jr., Esquire, and responds to Defendant's Petition For Transfer of Venue and this Honorable Court's Rule to Show Cause. In support thereof, Plaintiff submits as follows: 1. Admitted. 2. Admitted. By way of further answer, Plaintiff, Dennis F. Iezzi, currently reSides 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. 3. Admitted. By way of further answer, since August 1998, Mr. Iezzi has resided at 412 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 4. Admitted in part; denied in part. Although it is admitted that the parties 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 connty in which the plaintiff or the ~~'r. ',iy.{1., .~, ~ ~~, ,~~ >,~. . ... . _ , _," ~_'~_~'" .r,"..~ _ "", i1; 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. It is specifically denied that Mrs. Iezzi continues to reside in the Lancaster County marital residence, as that property has been sold. 5. 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. 6. Admitted. By way of further answer, the initial omission of economic claims from the complaint ftled 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. 7. Denied. It is specifically denied that the ouly economic relief sought has been that initiated by support complaint filed by Mrs. Iezzi. To the COlltrary, a Petition raising economic claims was filed 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. 1',:"",. ''4,>,~_~<",. ~ = , ,,~,~~~~ ,~_=,~_.~ .". ~-,'d _ -" ,'_ ,,' . .,... ,.., ~;~~ .i ',"" 'C:~-/'';o''''"_.'.,,,,~B'; 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. 8. 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 parties' 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. 9. 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 parties' divorce is now located in Cumberland County where Mr. Iezzi resides. Mr. Iezzi's uninterrupted residence in Cumberland County for more than three (3) ^_''''''-_".~_''"'_''", _,_',' "'r_,",~..,_, -<'- .. ,"-,'''''''f...'" _'_.'_~~_<, _~__ ,,' ., __ ~, 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)( I). WHEREFORE, Plaintiff, Dennis F. Iezz~ respectfully requests that this Honorable Court deny Defendant's Petition For Transfer of Venue. Respectfully submitted, JAMES, SMITH, DURKlN & CONNELLY LLP Date: May 17, 2002 MAX~9~ I.D. No. 32114 JARAD W. HANDELMAN, Esquire LD. No. 82629 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Attorney for Plaintiff, Dennis F. Iezzi r'~,~,,,,-., :,~"'___".,.~~.==~_ _ .". ~ _ _~~"_.~,o__",",,,...~_ __ '"~., " ~ . DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ 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. SMITH, JR., E LD. No. 32114 James, Smith, Durkin & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 1:".~ .. '- ,'" ' "':i':{';-'-,,' }h~1\j!'~~~",,"i':~"'''0_'~~''~' ~:'f"~f"";U-,~~J; I'_~' 1:'" -",1 .,. ':;J '"'''. '_- ,.,. ~'_'.", '_J- i~,~,,,","-j~"'<',I,'- ..~ __, _ "-n--' n, ., -- .--" -~"~ -'~"~~' ,~~ - ,~, -~< 0'""0" -'>:---~--?,-",~.- ~ ~'<'~-"~" .-- ""C"\,' "flp,~,J; ~_- ""~..,,'"'. ,',~-""'--~ , ., '."-_'r_" -~J"'-'_<,l;_,";"''''_o<- i I I I i ! 1 I I I 1 I I I I ,i I I I 1 I i j I :1 (') a 0 H ~; ,'V -f"] il -:;.' 0:Jl: ""'OD~l J;~'lI -='.1 D;i[~,: -: ~_....." n II "7"1--- i:':J Ch;t .........i , -< C) 'I r::: '--j -'17 T1 ::,..... >1 .> <. J ~-) 7 C; iT! )> C s-? /' ::> :< i!Il!ll ,,-.,o'''''_''''',.<~''''_:~-'''(~~l!\!!; ~~![-\ :-~';/')":;-"-' i1 I l I I 'I !4 'I Ii " 'I :1 :1 il [I j ;1 :1 'I ~j ''j :1 ~-j "l!!lI'"'.,,,,,,,1 J,~_"",,<,?~ 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. IEZZI, Plai1J.tiff vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant : IN DIVORCE 1. State matter to oe argued (i.e., plaintiff's motion for new trial, def'endant'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) fof Defendant: John F. Pvfer. Jr.. 128 North Lime Stre,et. P.O. Box 1597. LanCaster. PA 17608-1597 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: D'ated: eol5 , .2002 Att~ Max J. Smith, Jr. I ,C;iI',J!!I!'."""','e"'''',"~,"'_R','"","".,.,~". .,'""r,'"","w"."",,,,,.,...,,.., "... .. ..""~',.,~"., .'.' .,.. ..~ , I ^- '" ., - ,~ , -,~. , ,u ~~ w ~_". ,~ , - " ,->:',">--"- -"" ,~ w_ " ""!".~," "_~,~"s,,, "-"lIuiili:f'" ,'-" ,d~ ""-,",-~",_"~"_,,,,i., "0"'7- '~-~'rl";-'~";ili..',",- .......... . ,__",;",~__,~~~~~"1), .,_.,".~..~,.L.". 8 0 0 rv -rt -oi!5 C- =:J C ::o'h~ ffif11 Z 2:::0 ~,!=;:, ~s;:: ..J' , 0 CPr ~C5 '~J,9 -0 :f: -H ~o :Ji: ~~o >'0 N ~5rn c h --, ~ -~ .- :0 -< ~ .,'::"':'" '_"""r'"'-ll.k~, ,J., ' =,~,~~ " ~~ -~-;;",-, -~"~"f':.'''' r !~; '.'f '" r' I}: k !: I;: it if, i,; i' ,', '~ }': ~~ f'o' I;' ii, Ir F I' i; I! ii !;: I: iJ !~ " '" ,. " ~'~:""S1'W~5 ~I I:~ ,"J ..' . DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S BRIEF IN OPPOSITION TO DEFENDANT'S PETITION TO TRANSFER VENUE I. STATEMENT OF FACTS According to the Stipulation filed by the parties, the salient facts are as follows: Defendant, Joan Emilie Iezzi, currently resides at 203 Race Street, Bainbridge, Lancaster County, Pennsylvania 17502. At the time of the filing of the Divorce Complaint and for more than three (3) years prior such filing, Plaintiff, Dennis F. Iezzi, resided at 412 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. Plaintiff currently resides in Berks County, Pennsylvania. During their marriage, the parties resided in Lancaster County. Following their separation, Plaintiff moved to Cumberland County where he lived for approximately three years prior to filing for divorce. The home in which Defendant currently resides is not the parties' former marital residence. The parties' former marital residence in Lancaster County has been sold as of May 6,2002. Prior to May 6,2002 the Defendant resided in the former marital residence. Defendant is employed as a school teacher in the DonegaL Lancaster County School District. Plaintiff is employed as a school teacher in the Exeter School District, Berks County, Pennsylvania. 1 "~~'" - ,,- .-",,,' " ~" " ~ ~_, _!if"!"'''''''''' ....' ~ ' , The Divorce Complaint in this matter was filed by Plaintiff on October 17,2001. On April 5 , 2002, a Petition raising economic claims, as well as a Motion for Appointment of Master, was filed by Plaintiff in the Cumberland County Court of Common Pleas. On or about April 25, 2002, Defendant propounded discovery in the form of Interrogatories upon Plaintiff under the above-captioned docket. A support action captioned as Joan E. Iezzi, Plaintiff v. Dennis F. Iezzi, Defendant was initiated by Plaintiff and currently exists in the Lancaster County Court of Common Pleas, Domestic Relations Section, Docket Number 2001-03119, P ACSES No. 501103908. n. QUESTION PRESENTED WHETHER VENUE SHOULD BE TRANSFERRED TO LANCASTER COUNTY WHEN PLAINTIFF INITIATED THE DIVORCE COMPLAINT IN CUMBERLAND COUNTY WHEN HE HAD RESIDED IN CUMBERLAND COUNTY FOR MORE THAN THREE (3) YEARS IN ACCORDANCE WITH Pa.R.C.P. 1920.2(a)(1)? (SUGGESTED ANSWER IN THE NEGATIVE) m. ARGUMENT VENUE IS PROPER IN CUMBERLAND COUNTY AND THE CASE SHOULD NOT BE TRANSFERRED TO LANCASTER COUNTY. Defendant's Petition to Transfer Venue should be denied. Pennsylvania Rule of Civil Procedure 1920.2(a)(1) provides that "[an action of divorce]...may be brought only in the county...in which the plaintiff or the defendant resides." Pa.R.C.P. 1920.2(a)(1) (2002). In the present case, the parties have stipulated that at the time of the filing of the Divorce Complaint and for more than three (3) years prior to such filing, Plaintiff, Dennis F. Iezzi, resided at 412 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. Thus, the 2 ';C''''(~'W;''IDO\.,,"~C~~ ,"""'_~, _ _L, . ~ u. ...... .. ' > requirements of Rule 1920.2(a) are clearly satisfied. Venue is proper in Cumberland County before this Honorable Court. Defendant concedes that venue in Cumberland County is "technically proper" due to Plaintiff's residence at the time the Divorce Complaint was filed. (See Defendant's Brief, p. 3). Thus, Defendant's request for a transfer of venue to Lancaster County is solely based on the alleged inconvenience of Plaintiff s selection offorum. Defendant's position is without merit and the request for transfer of venue should be denied. The decision to dismiss or transfer a pending action to an alternate forum is not one which is regarded lightly by" Pennsylvania law. Indeed, as the Superior Court in Polev v. Delmarva Power and Light Company, _ Pa. Super. _, 779 A.2d 544 (2001) opined, "a court will. . .not dismiss for forum non conveniens unless justice strongly militates in favor of relegating the plaintiff to another forum. This is especially true when the plaintiff has chosen to litigate in his or her home forum." Id. at 547 (citations omitted). Such analysis is applicable in the present case pertaining to Defendant's request to transfer venue. Here, Plaintiff elected to initiate his divorce action in his home forum, the county in which he resided. As a result, Plaintiff s election of forum is entitled to weighty consideration. As the Polv court explained, "a plaintiff s choice of the place of snit will not be disturbed except for weighty reasons." Id. (quoting Beatrice Foods Co. v. Proctor and Schwartz, 309 Pa. Super. 351, 359, 455 A.2d 646, 650 (1992)). Defendant's alleged inconvenience in traveling to Cumberland County for a Master's hearing from Lancaster County does not constitute the requisite "weighty" reason for the transfer of venue. In addition, there are no witnesses or evidence in Lancaster County as alleged by Defendant that justify transferring venue from Cumberland County. The parties are litigating a 3 "7.l$W,^ '""''''...'_' . . , - ._"~ ~~" ..,." r ~ . . " ' divorce in which the former marital residence has been sold. Thus, there is no appraisal or expert witness pertaining to the home who will be involved in the Master's hearing. Moreover, the parties are the witnesses who are needed to offer testimony in this matter. There is no other evidence necessary to conclude the case. To the extent there are other witnesses. whom Defendant wishes to call at the Master's hearing, the mere fact of the witnesses being in Lancaster County as opposed to Cumberland is insufficient reason to transfer a properly initiated divorce from Cumberland County. Equally insufficient to justify transfer of venue is Defendant's continued reference to the pendency of the support prq~eeding in Lancaster County, Had Defendant wished to resolve all claims, support and divorce alike, in Lancaster County then she should have taken the initiative to file in Lancaster County. By failing to do so, she cannot subsequently allege that having to travel to Plaintiff's properly selected forum for litigation of her divorce is inconvenient. In addition, the allegation of Cumberland County's inconvenience as a choice of forum for Defendant arose only after she propounded discovery upon Plaintiff under the above-captioned matter before this Honorable Court, and not coincidentally only after Plaintiff moved for the appointment of a Master to bring the divorce to a conclusion. Accordingly, Defendant's Petition for Transfer of Venue must be denied. IV. CONCLUSION Based on the foregoing, Plaintiff respectfully submits that Defendant's Petition for Transfer of Venue must be denied. 4 ~-'-"'_<!_'l!!F'1!f~'': ' , ~--, ~--""I ~~~"~ ~~~" '-', 1"'" '. Date: July 19, 2002 ,-t""'F""'''''.'~._ _ -.~ --~--" -. .~ .,. <,~ I ' .,. . . Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY LLP - " MAX J. SMITH, JR., ESQUIRE LD. No. 32114 JARAD W. HANDELMAN, ESQUIRE LD. No. 82629 P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Attorney for Plaintiff, Dennis F. Iezzi 5 . , ," ..=, . ' > . . CERTIFICATE OF SERVICE I, JARAD W. HANDELMAN, ESQUIRE, do hereby certify that I served a true and correct copy of the foregoing Brief upon the following below-named individual(s) by depositing same in the U. S. Mail, postage pre-paid at Hershey, Dauphin County, Pennsylvania this 19th day of July 2002. SERVED UPON: John F. Pyfer, Jr., Esquire 128 North Lime Street P.O. Box 1597 Lancaster, P A 17608 ~~~ ~ ......... JARA>> W. HANDELMAN, ESQUIRE JAMES, SMITH, DURKIN & CONNELLY, LLP "f_<t;""'~" _, '" .,;,__ .__._~,,~~_",~"r~..,. . -~ . w ^\\1~~h\v > (ij) ".- I' ...l/i JU L 222000 DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON -PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE STIPULATON AND NOW, comes the Plaintiff, Dennis F. Iezzi, by and through his attorney, Max J. Smith, Jr., Esquire, and Defendant, Joan E. Iezzi, by and through her attorneys, Pyfer & Reese, and stipulate to the following facts for resolution of the Petition to Transfer Venue pending before this Honorable Court: 1. Defendant, Joan Emilie Iezzi, currently resides at 203 Race Street, Bainbridge, Lancaster County, Pennsylvania 17502. 2. At the time of the filing of the Divorce Complaint and for more than three (3) years prior such filing, Plaintiff, Dennis F. Iezzi, resided at 412 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff currently resides in Berks County, Pennsylvania. 4. The home in which Defendant currently resides is not the parties' former marital residence. 5. The parties' former marital residence in Lancaster County has been sold as of May 6, 2002. Prior to May 6,2002 the Defendant resided in the former marital residence. ." , f! ~i "1' ~'. . "'--~~""",^_=~M=".,_" ,_"~~,_."""_,",,,^,,,,,.",.,~_.I~,,,,,. _~"'_'"Y<__~__~._'''~.>, _.".., _<. ~~. .. ,_, m., _ ,,,,, ~'"',," -~~, . .. ,~ i , , 'Ji13~~ , 6. Defendant is employed as a school teacher in the Donegal, Lancaster County School District. 7. Plaintiff is employed as a school teacher in the Exeter School District, Berks County, Pennsylvania. 8. The Divorce Complaint in this matter was filed by Plaintiff on October 17, 2001. 9. On April 5, 2002, a Petition raising economic claims, as well as a Motion for Appointment of Master, was fIled by Plaintiff in the Cumberland County Court of Common Pleas. 10. On or about April 25, 2002, Defendant propounded discovery in the form of Interrogatories upon Plaintiff under the above-captioned docket. 11. A support action captioned as Joan E. Iezzi, Plaintiff v. Dennis F. Iezzi, Defendant was initiated by Plaintiff and currently exists in the Lancaster County Court of Common Pleas, Domestic Relations Section, Docket Number 2001- 03119, PACSES No. 501103908. Respectfully submitted, Respectfully submitted, _ JAMF5~.'SMI... TR'DU.~Y'LLP ~ ~~, MAX J. SMITH, JR., ESQUIRE Attorney I.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE Attorney LD. No. 82629 PYFER & REESE ~il ~nOHN F. PYFER, JR., ESQUIRE Attorney LD. No. 15743 128 North Lime Street P.O. Box 1597 Lancaster,PA 17608-1597 (717) 299-7342 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 Attorneys for Plaintiff, Joan E. Iezzi Attorneys for Plaintiff, Dennis F. Iezzi ,.Vi '-,__,.o-,,~,~_,~ ~= _" _ _., . ,_." ",.b."._, ,,' "'.__-::-~'" _ -""'r""''-'''.''''''f.""",,, .."".?'>~,,'-"''''' =._'_~, ".._f,"C-__'._'~" " --- ,,'.-., ''',,' _ __ .""" ,_~" ~_~,,~ ,~,,_~,,__.~ ____ ~__,_ ".'"", ,. =~ _" , __" , Iohn F Pyfer, Ir. Robert H. ReeSe,Ir. Christapher C. Straub Sandra Edwards Gray Gabriella Hashem Farhat Catharine 1. Roland Rnxanne C. Garner RScottMorrow Gretchen M Schlagnha~fer . .~, J U L 21 2002\:::1 ~~~r~~~~~~ Lawyers for Life 128 NORTH LIME STREET P.O. Box 1597 1 "Nt -\~ TER, PENNSYLVANIA '7608-1597 717-299-7342 !a:q17-299-1376 2801 WILLOW STREET PIIm P.O. Box 157 WU.L(lWSTREET,PENNSYLVANIA 17584 7'1'464-5900 OFFICES ALSO IN EPHRATA www.pyferrtBSll.com 1-88s.793.3773 July 19,2002 The Honorable Edward E. Guido Cumberland County Court of Common Pleas One Courthouse Square Carlisle, P A 17013 Re: Deunis F. Iezzi vs. Joan Emilie Iezzi No. 2001-5988 I I~ i Dear Judge Guido: !~ L' I" if' ,) I;,! I;', If I{ I' Ii I;: i~~ Enclosed please find an original and two (2) copies of the Stipulation of Facts that has been prepared and executed by counsel with regard to the above matter currently pending before Your Honor. Please advise if anything further is required pursuant to this Stipulation. Thank you. i'O, I" I::! i)' :::, r~~ i:l' :~'i CHRISTOPHER C. STRAUB 1\ CCS/trw Enclosures I;, !~:': 1'.' j/ " " I;' I 1:'-' lr: I; !~ cc Jarad W. Handelman, Esquire (W lenclosure) Joan Emilie Iezzi (W/enclosures) John F. Pyfer, Jr., Esquire I~ , I ( I 1',- !} it, r;':~]:--_?" . "'-c--"':.'_<'_.f,~"~!7'yT,,:w0:',;':",:',;'_~~~W_:' p: '~':;.(-~~:l-:-;;.'_-'-/n\ ~-~ -y - ,'/~-~ ",- \:'o~;~ ::'f'" ',s'Cd .' ,;.~~\<,~'f ,.--/ :~_;,:' " .' ';'":iI',~ "-(__-_~<"'. ~,. ."e. 7;f:e.:;:'f.1Th. @ JUL 22 20~ DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON 'PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001-5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE STIPULATON AND NOW, comes the Plaintiff, Dennis F. Iezzi, by and through his attorney, Max J. Smith, Jr., Esquire, and Defendant, Joan E. Iezzi, by and through her attorneys, Pyfer & Reese, and stipulate to the following facts for resolution of the Petition to Transfer Venue pending before this Honorable Court: 1. Defendant, Joan Emilie Iezzi, currently resides at 203 Race Street, Bainbridge, Lancaster County, Pennsylvania 17502. 2. At the time of the filing of the Divorce Complaint and for more than three (3) years prior such filing, Plaintiff, Dennis F. Iezzi, resided at 412 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff currently resides in Berks County, Pennsylvania. 4. The home in which Defendant currently resides is not the parties' former marital residence. 5. The parties' former marital residence in Lancaster County has been sold as of May 6, 2002. Prior to May 6, 2002 the Defendant resided in the former marital residence. , ;"",,_:"~?"~J1~n"1'!' ". IJ"", ll..,~ . ", ., " , ~ " ,. ~ - ."!"""""' ,x:;jjif,~ d' 6. Defendant is employed as a school teacher in the Donegal, Lancaster County School District. 7. Plaintiff is employed as a school teacher in the Exeter School District, Berks County, Pennsylvania. 8. The Divorce Complaint in this matter was filed by Plaintiff on October 17, 2001. 9. On April 5, 2002, a Petition raising economic claims, as well as a Motion for Appointment of Master, was filed by Plaintiff in the Cumberland County Court of Common Pleas. 10. On or about April 25, 2002, Defendant propounded discovery in the form of Interrogatories upon Plaintiff under the above-captioned docket. 11. A support action captioned as Joan E. Iezzi, Plaintiff v. Dennis F. Iezzi, I Defendant was initiated by Plaintiff and currently exists in the Lancaster County Court of Common Pleas, Domestic Relations Section, Docket Number 2001- 03119, PACSES No. 501103908. Respectfully submitted, Respectfully submitted, JAMES,SMITH,I)~Y'LLP ~~~ MAX J. SMITH, JR., ESQUIRE Attorney I.D. No. 32114 JARAD W. HANDELMAN, ESQUIRE Attorney I.D. No. 82629 PYFER & REESE ~ti ~rJOHN F. PYFER, JR., ESQUIRE Attorney I.D. No. 15743 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 128 North Lime Street P.O. Box 1597 Lancaster,PA 17608-1597 (717) 299-7342 Attorneys for Plaintiff, Joan E. Iezzi Attorneys for Plaintiff, Dennis F. Iezzi ;,;":>i'-l"~'''''"'',,,'",'''''I_f'' _,__,~" _ ,-0 .- is,,,:~;C,;,,,,- @ f JUL 2 2 2002 ~ DENNIS F. IEZZI, Plaintiff : IN THE COURT OF COMMON.PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2001 - 5988 CIVIL TERM JOAN EMILIE IEZZI, Defendant : CIVIL ACTION - LAW : IN DIVORCE STIPULA TON AND NOW, comes the Plaintiff, Dennis F. Iezzi, by and through his attorney, Max J. Smith, Jr., Esquire, and Defendant, Joan E. Iezzi, by and through her attorneys, Pyfer & Reese, and stipulate to the following facts for resolution of the Petition to Transfer Venue pending before this Honorable Court: 1. Defendant, Joan Emilie Iezzi, CUlTently resides at 203 Race Street, Bainbridge, Lancaster County, Pennsylvania 17502. 2. At the time of the filing of the Divorce Complaint and for more than three (3) years prior such filing, Plaintiff, Dennis F. Iezzi, resided at 412 Geary Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff currently resides in Berks County, Pennsylvania. .'i 4. The home in which Defendant currently resides is not the parties' former marital residence. 5. The parties' former marital residence in Lancaster County has been sold as of May 6, 2002. Prior to May 6, 2002 the Defendant resided in the former marital residence. "i';.'J"Y'j''-';+~^~''lOI._ ~.= ~\~~~t~_ " -I ~..,.. , - ,-" ~" ~ ~lIt'if6-:r 6. Defendant is employed as a school teacher in the Donegal, Lancaster County Schoo I District. 7. Plaintiff is employed as a school teacher in the Exeter School District, Berks County, Pennsylvania. 8. The Divorce Complaint in this matter was filed by Plaintiff on October 17, 2001. 9. On April 5, 2002, a Petition raising economic claims, as well as a Motion for Appointment of Master, was filed by Plaintiff in the Cumberland County Court of Common Pleas. 10. On or about April 25, 2002, Defendant propounded discovery in the form of Interrogatories upon Plaintiff under the above-captioned docket. 11. A support action captioned as Joan E. Iezzi, Plaintiff v. Dennis F. Iezzi, I Defendant was initiated by Plaintiff and currently exists in the Lancaster County Court of Common Pleas, Domestic Relations Section, Docket Number 2001- 03119, PACSES No. 501103908. Respectfully submitted, Respectfully submitted, JAMllS~Y'LLP -~ ~~. MAX J. SMITH, JR., ESQUIRE Attorney LD. No. 32114 JARAD W. HANDELMAN, ESQUIRE Attorney LD. No. 82629 PYFER & REESE ~il ~nOHN F. PYFER, JR., ESQUIRE Attorney LD. No. 15743 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 128 North Lime Street P.O. Box 1597 Lancaster, PA 17608-1597 (717) 299-7342 Attorneys for Plaintiff, Joan E. Iezzi Attorneys for Plaintiff: Dennis F. Iezzi '-,''-.'-''''.',-,y;_r,1'l .. ~ - , 1"-, .,- '" . ," - 'I ;'''It.'';~(- ~ - #23 DENNIS F. IEZZI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. JOAN EMILIE IEZZI : NO. 2001-5988 CIVIL TERM IN RE: DEFENDANT'S PETITION TO TRANSFER VENUE BEFORE BAYLEY, GUIDO, JJ. ORDER OF COURT AND NOW, this 26TH day of JULY, 2002, the Defendant's Petition to Transfer Venue is DENIED. Edward E. Guido, J. Max J. Smith, Jr., Esquire Jarad W. Handelman, Esquire For the Plaintiff ~ . ~ 1_;2.<(.();J. .~. John F. Pyfer, Jr., Esquire For the Defendant Q~ :sld , Ii"<<_~_ '^'''!>__v _0" ",~.~-~~,- _, ,-" -. '-, -", " JiT ~.,,^..o/,'. '."" "'" Inl~L"~.,,..,c" . ""., .0 . ., " - o. """"">c'v'~'fr'tl"!l.r:~ "\llll1i"lllIrr~."'f~'JfI'W'lliii" UiJhl o c < -r; i:;~~ rnr.-r ~~. ~~~ L_ -j -, fj4 l",,:; Io."C,1 ""v co :.:::-\ ,"" :D -~ """~,TI:~~''',i'M'''''_'_'~'~' .!~_;~_'iW~ji~V""l)~-';f~$~~J-'~~'~?'~~~)~l _m,,_,,'_,,>n,~,_,. "~~",,,~'1: , 080802/ CC S/ d rl/Iezzi/P eti ti 0 n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYh V MilA 0 CIVIL ACTION - LAW .~ ~. :: ;:!(~ c:: ::r:: z g:j G") "';;G zr N -gm ct:>~. N : ~ -<.,;, 0 ~O 7"> :I! , ~O :x Q~ >~~ - iSm . :n > - ~,..,J ~ DENNIS F. IEZZI No. 2001-5988 Civil Term vs. In Divorce JOAN EMILIE IEUI PETITION FOR ALIMONY AND COUNSEL FEES. COSTS AND EXPENSES I. The Petitioner is Joan Emilie Iezzi, the Defendant in the above-captioned divorce action. 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 suHicient property to provide for her reasonable means and is unable to sUPP0l1 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 Civil Term !.;;jJ'-"""",,",-=, - '<'0", ' ., ~"l~, i~~" . I, ;!,-,. ''''''.' ", "' 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 1 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's fees for said counsel. WHEREFORE, Petitioner respectfully requests Your Honorable Court to enter an award of temporary counsel fees, costs and expenses until tinal hearing and thereupon award such additional counsel fees, costs and expenses as are deemed appropriate. PYFER & REESE By: e o P.O. Box 1597 Lancaster P A 17608-1597 (717) 299-7342 o. 15743 Street No 2001-5988 Civil Term ~ :'X"-''''~- .'~ -". ,~,_,_"-c ~~,,.,.-c ",,'. "!"""-_" ':: .-r'" " _ M , on , ,~ '., '"~, ,r VERIFICA nON 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. 94904, relating to unsworn falsification to authorities. ~~ Dated: ~/1~/ OC- / / No. 2001-5988 Civil Term 3 ','fj;r~lt).~""', T . 0.;'. ,.e,__,__';'. -'-~"-' ,~-~" 1- , '," ",' - " ", ~ ~. -, .""~.~~~ ",s~~<,~",,*, ,. . . 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 satistles the requirement ofPa. R.C.P. 440. Service by first class mail addressed as follows: Max J. Smith, Jr., Esquire Jarad W. Handelman, Esquire Attorneys for Plaintiff PO Box 650 Hershey PA 17033 PYFER & REESE By: . 15743 Dated 8/12/02 t'\u 200 1-59t)S Ci\:il I enn 4 "-;. ,'., - -"--"~'-,j;' ~.,""""- '" ',' """"1-;,~ . , , "~ il\ < John F Pyfer, l' Robert H. Reese, JT. Christopher C Straub Sandra Edwards Gray Galrriella Hashem Farhat Catharine 1. Roland Roxanne C. Garner Julieane E. Lozar RScottMorrow ~fi~r ~~~~~ Lawyers for Life 128 NORTH LIME STREET W Box '597 LANCASTER, PENNSYLVANIA 17608-1597 717-299-7342 !ax717-zgg-1376 OrnCES IN WIUDW STREET AND EPHRATA www.pyferreese.com J.88s.793.3773 August 6, 2002 E. Robert Elicker, II, Esquire Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, P A 17013 Re: Dennis F. Iezzi vs. Joan Emilie Iezzi No. CI-01-5988 - Divorce Dear Mr. Elicker: We are writing in response to your letter of August I, 2002. We do not dispute the procedural history or discovery matters as set forth in your correspondence. We do intend to file with the Court claims for alimony as well as reimbursement ofattomey's fees on behalf of Mrs. Iezzi. Please note that Judge Guido only recently denied our request to have this matter transferred to Lancaster County. We did not believe it to be appropriate to file the economic claims on behalf of Mrs. Iezzi until the venue issue was resolved. We do not believe that counsel would have any objection to these claims being included in the matters to be addressed by our respective Pre-Trial Statements and will take prompt steps to file these additional economic issues with the Court. Thank you. Very truly yours, JFPjr/trw cc Max J. Smith, Jr., Esquire Joan Emilie Iezzi i;,:""",!;::,," '., ".-, ',' ._~-,"--''1'<'" :,' ""~ ""n' _t-;,-~ ,.: r-'- < _ . """___"'__"~'" _', ~~ __~~__,?_C.n ,. , ., _ -, _ JohnF. PyJcr,Jr. Robert H. Rilese,Jr. Christopher C. Straub Sandra Edwards Gray Gabrielln Hashem Farhat Catharine I. Rnland Roxanne C. Garner R Scott Morrow Gretchen M. Schlq;nhaufer ~ft~r ~ ~~~~~ Lawyers for Life 128 NOR1H LrMESTREET P.O. Box 1597 LANCASTER, PENNSYLVANIA 17608-1597 7'7"9g.734' fax717"9frI376 OmcES IN WIllOW STREET AND EPHRATA =flYferreese._ J.88fJ.79>3773 August 21,2002 Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Dennis F.lezzi vs. Joan Emilie Iezzi No. 2001- 6988 Civil Term Action in Divorce Dear Sir or Madam: Please find enclosed herewith an original and four (4) copies of Defendant's Pre- trial Statement that we are submitting for filing in the above-captioned matter on behalf of Defendant, Jaon Emilie Iezzi. In addition, we are enclosing self-addressed stamped enveloped for your convenience in forwarding a time-stamped copy of the Pre-trial Statement to Attorney Max J. Smith, counsel for Plaintiff, E. Robert Elicker, II, Esquire, Divorce Master and our office. Thank you. Very truly yours, John F. Pyfer, Jr. pjb cc: l)IIax J. Smith, Esquire ...t. Robert Elicker, II, Esquire Joan Emilie Iezzi . "-'-",..-_.--,:_j"-:,~,-",~-<,,,,: ')-~- '_"<' :'c.- ~ ~ }AMEs SMlIH DuRKIN & CONNELLY lLP Max 1. Smith, Jr. mjsjr@jsdlegal.com August 26, 2002 Office of Divorce Master Attn: E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, P A 17013 In re: Iezzi v. Iezzi No. 2001-5988 In Divorce Dear Bob: :l ii ',1 " f1 ;.) n n i! I' ;; t: Enclosed please find a time-stamped copy of the Pre-Trial Statement that has been filed on behalf of Dennis Iezzi in the above matter. A copy is being furnished to opposing counsel, John Pyfer, along with a copy of this letter. We look forward to the scheduling of a pre-hearing conference at your earliest convenience. ], :~ "J ~ .i ~ j ii :i :1 q ~, Thank you for your kind attention. Very truly yours, JAMErJll!J:tH' DURKIN & CONNELLY LLP Max J. Smith, Jr. MJS,Jr.:amk Enclosure cc: John F. Pyfer, Jr., Esquire w/enc Dennis F. Iezzi w/enc ", :i IJ I] II fJ il " ! ,1 'I ii f~;;:~_",__ - -,,, --~';<'':'"'' '^c,h'~ ,~q'-":"""~'"T" ".-""e,"-' ,q~,;", ~,~'_'."~b~ ,"."'1[ '.:~''"':" ~'.,---,',c.,', _'-""", '~_'-",1>=I, ",,,, ,.., _._ r 1'1.., ,_,Co' - - '-'-',''<;:."- ,-~~~ L i\ \\' 0 F Fie I, S JS'}( 134 SII'E iWENUI HlJMIW:LSTOWN, i'A i703R MAIUNG ADDRESS: P.O. BOX 650 HERSHEY, PA 17033 TEL. 717.533.3280 FAX 71n'i33.2795 INFO@JSDLEGAL.COII,l WWW.JSDC.COlvi GARY L. JAMES MAX J. SMITH, JR. KAREN DURKIN JOHN J. CONNELLY, JR. SCOTT A. DIETTERICK JAMES F. SPADE GREGORY K. RICHARDS RICHARD L. DAHLEN SUSAN M. KADEL JARAD W. HANDELMAN DONNA M. MULLIN EDWARD P. SEEBER NEIL W. YAHN BERNARD A. RYAN, JR.. COURTNEY L. KISHEL OF COUNSEL: ANDREW W. BARBIN HERSHEY, PA MANLEY & DEAS, LLC COLUMBUS. OH ". '.,c,. ,"_. .. .. _, _~ ;'is ",- John F. FyIer; Jr. Robert H. Reese, Jr. Christrtpher C. Straub Sandra Edwards Gray Gabriella Hashem Farhat Catharine 1. Roland Roxanne C. Garner R Scott Morrow Gretchen M. Schlagnhaufer ~t~r~ ~~~~~ Lawyers for Life 128 NORTH LIME STREET P.O. Box 1597 LANCASTER, PENNSYLVANIA 17608-1597 7'7"9(}'734' lax7'7'29(}"376 2801 WIllOW STREET PIKE P.O. Box 157 WILLOW STREET, PENNSYLVANIA 17584 7'7'464'5900 OFFICES ALSO IN EPHRATA www.pyferreese.com J.88s.793.3773 August 27,2002 E. Robert Elicker, II, Esquire Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 i ~l , Re: Dennis F. Iezzi vs. Joan Emilie Iezzi No. CI-01-5988 - Divorce ':i: ~ i "~ Dear Mr. Elicker: ;i Ii il [j I Enclosed please find a time-stamped copy of the Petition for Alimony and Counsel Fees, Costs and Expenses that has now been filed by our office on behalf of Mrs. Iezzi. Please note that a copy of the Petition has been served upon Attorney Max J. Smith, Jr., counsel for Mr. Iezzi. ::, Thank you. :8 ;,j Very truly yours, JFPjr/trw Enclosure ~~ '( cc Max J. Smith, Jr., Esquire (W/enclosure) Joan Emile Iezzi (W/enclosure) ~,' ", ;', ',f. " ~l ~~i' ;", : ' 0- --;':-<'c:0'f~-,,:,'~>1j--:::;f:.';';FB-"::.\~?11:~:rpi':S:~r:~r!,: ,:'-:; 'r ~,-~; '. ~" , -", ,,-~'. ' "":':1"" ~~ - ,. ,," .." ,,-~';_'P_"__-,""f"(""_ - -'~ IohnF. PyIer,F /Wbert H. Reese, Ir. Christopher C. Straub Sandra Edwards Gray Gabriella Hashem Farhat Catharine 1. /Wland Roxanne C. Garner R Scott Morrow Gretchen M. Schlagnlwufer M~r~~~~~~ Lawyel's fol' Life 128 NORTIIUME STREET P.O. Box 1597 LANCASTER, PENNSYLVANIA 17608-1597 717"99"734' fax717'29lY1376 OmCES IN WIlLOW STREET AND EPHRATA www.jJyferreese.com ].888.793-3773 November 12, 2002 E. Robert Elicker, II, Esquire Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanowr Street Carlisle, PA 17013 Re: Dennis F. Iezzi v. Joan Emilie Iezzi No. 01-5988 Action in Divorce Dear Mr. Elicker: It is my understanding the Pre-Trial Conference in the above matter has been rescheduled for January 17, 2002 at 1:30 p.m. in your office located at 9 North Hanover Street, Carlisle, Pennsylvania. Thank you. Very truly yours, ~"'\. ~c~1'""\ ~ ~",. l\'V""-''''-'; / '. ~'~::~:~; ~~i~",....]-::~,-.._. ~ImE)Sf€ttii' '. ---~~~,.,. ~ IFPjr/are Cc: Christopher C. Straub, Esquire Max J. Smith, Jr., Esquire Joan Emilie Iezzi l:~f'~'~ ,- ie' , ,"::~[-f,~';~_~;'!"0':r''!-','\':i:;;_;.\~,1\S''~,13_',~Wl~?'" \ ~_c',=J:tf:',I~,j1"F~e'f'7;[~~';'f:" , ';:-,( :-:~.:-~;;\;>~ iJ~'I:';! "-"'; -<~ ;_--_" ",,,~-_,_::,,__,~,~,e_,_. ','-,,---" "., ,.',..,,,,,, ,.,. .., ;2>~ DENNIS F. IEZZI : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. JOAN EMILIE IEZZI : NO. 01 - 5988 : IN DNORCE ORDER AND NOTICE SETTING HEARING TO: Dennis F. Iezzi Max J. Smith, Jr. , Plaintiff , Counsel for Plaintiff Joan Emilie Iezzi , Defendant , Counsel for Defendant John F. Pyfer, Jr. You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 20th day of February 2003 at 9:00 a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, George E. Hoffer, President Judge Date of Order and Notice: 10/23/02 By: Divorce Master 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 TELEPHONE (717) 249-3166 "*'~#~ --" --_~_. _C' ^,'''..,_.-, ~", -, -,.",. r- ,--' I ---"'-, a,_C DENNIS F. IEZZI, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 01 - 5988 CIVIL JOAN EMILIE IEZZI, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Max J. Smith, Jr. Dennis F. Iezzi , Counsel for plaintiff , Plaintiff John F. pyfer, Jr. Joan Emilie Iezzi , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 6th day of December 2002, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Very truly yours, Date of Notice: October 23, 2002 E. Robert Elicker, II Divorce Master '!1;~. '_"""'~'-"" ___,,_",,',' ---"---q;>'-'r ,_,"" "," - ','" '." ,-. DENNIS F. IEZZI, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 5988 CIVIL JOAN EMILIE IEZZI, Defendant IN DIVORCE ORDER OF COURT AND NOW, this :!!,'-Izo... day of ~.~ 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 , i: I record to the Court requesting a final decree in divorce. BY THE COURT, 1;:1 II (i .J. 'I :'; !.: L: I' cc: Max J. Smith, Jr. Attorney for Plaintiff !: ,"', I..t I t, John F. Pyfer, Jr. Attorney for Defendant ~ ~ ..3-1:>',0.3 ~ I:', I' I::! I,' ! I !';' I I I I' I , I I I, I' jl ! i '-'C~,~~,_^ ,- ,r'-".>,-,-' " ,., ,'. " ,<, I "-.. ..", -," - , ~ " ;)~:, L . .G11LCLr~:Kit4!.;",i~'''''iiHl~J;t'"jf,.'-Ml0:ji\;:jj."MI;\,,"f1ti~Ii,-,~qftli'L'-'' V'_,-_,.;:i;.,j,l~k..-,w@j;,~~~WII.~;" .,~-., ~ ,'- .~ = ~~-".~ i-,"-",,:~,u=:....d.~ ~ "!,-lr:\1 ,\~ ~, I" /U C);""JJ' r:FN;";~3iD:~,<:.~;r~\;;"'1 r't ~ '>, "' ~v.~Lll. - _",,",""M__ 'j]( <;.;' :t&lIlC ~~ fi~"'1J . _,c,; ~ ,'" "I " '>.;<!~~~ 012303/CCSI drl/Postnuptial/Iezzi [N 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 POSTNlJPTTAT AGRFFMFNT J This Agreement is made and concluded this J1J!! day of ~ , 2003, by and between DENNIS F. IEZZI, of Berks County, Pennsylvania, (hereinafter referred to as "HUSBAND"); and JOAN EMILIE IEZZ1, 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 aU 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 , -'i.'\"\"'~:"-"'"!~""'-'~~' ,G',,- '-" 'r '_ ,,_ _ ,d ,. - - ." .~ .,- .._"~ Ij ., !1 " " {j: a'm.!fI'l1lK_ ~ 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-FATTT T OTVORrF TTNOFR SFrTTON 1,01(,,) OF THF OOMFSTTr RFT ATTONS rOOF OF PFNNSYT VANTA. 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 330l(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. OA TF OF FXFrTJTTON 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 , -_.,,~-;,-,~ -?,'-~ -,,," , ",,-' 1-- ~, ... ,-~-,~ ,-<-- 'M- -~ ,;.,","-~'" ~"'W' H date" ofthis Agreement shall be defined as the date of execution by the party last executing this Agreement. 3. RF AT FST A TFIFSrROW ArrOTTNT. 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. j>FRSONAl PROPFRTY. 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 ofthe other. 5. MOTOR VFHTrT FS. 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 3 ;',~,#~'\l"",,"? ~ "_ 0 ','_ ,,_,." , 0- "",,. "'"' -, -r . '" ..~ :r ~~"., < ~ exclusively responsible for the outstanding obligation with respect to the Acura vehicle and shall indemnify and save harmless WIFE with'tegatdtoahy and all payments,attomey'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. RFTTRFMFNT A('('OTTNTS. 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 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, 4 >:h~,,"'lT!'''I'Z< '-","f!'-'-'c'~--_.'1"'._"'~~"~~-' '_"l'~. \1''''' '0 ,~_~" ',I'~- '" --= "F ,-,"'-'~'~ - ~. WIFE'S accumulation shall be based upon the revised interest rate upon until the date of distributiol'\; WIFE'S distribution shall be received in a single lump sum and shall'includethe 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. "'i .1 q ..1 -~I "I i , ,'I .i "I , 7. SFPARATF ASSFTS. 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 -j'; ,-i ~;i ,:! one of the parties hereto, the party not having title thereto or possession thereof hereby waives, !J releases, relinquishes and forever abandons any and all claims therein, including any claim to u :i '-I "~I 5 .;, ~r",,",l~W"""".__, ?_'..c _ ~ _ . , ,,~_o,_o.o ,._ _'~",~" , , C" -f,'T' " _ _,~,oo ". 1,'>-_1' , -, ,~. ", death benefits, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 8. AFTFR-ACQTJTRFO PROPFRTY 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 urunarried. 9. mVISION OF SA VTNGS A NO CHFCKTNG ArCnT TNTS. 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. SPOTJSAI SITPPORT/AI IMONY PFNOFNTF I TTF/AI TMONY. 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 721100 ($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 >(~~~ '-.,.,"' -- ".-, ,~, "_\-~~-'- '._' , - --",-,'-, ~" ,0< Ii' 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. OJ TTST A NOfNG OFRTS. HUSBAND shall assume the following obligations and shall save and hold harmless WIFE from any claim or demand therefore, whatsoever. rrp.nitnr Accollnt NllmhPT R::Il::Jncp. Owine 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 .~\~~ --,,- .,,~ ~,-,'''?",J!!8:,.,-,-,_.~,,-f':'''"",''''''~' '':'" ~ -J:f"- ~'O"" "~,,',~_,, ' " . ~-, ;: "'I "'1 o.:i ":' f,; i-:~ ,;, I,: ::ii c!! , , " I;.: '3:' [~; [,; [I :'1' i~ H'; I'; i;" l1' , I': " '. i';' h :: i' t, ii: " ~j' r'~ I:' I::: f'" (i; ;:!' ff! '"i !~: --!',n'~~-""':-""" iilf-- Capital One $ 9,881.00 Capital One $ Sallie Mae Education Loans (2) $ 9,888.00 U.S. Department of Education Loans (3) $19,341.00 Knight Tuition Plan Loan $ Vehicle loan for Acura $ 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. RRFAC'H 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. 8 ,_".,,_..,,""",,"0,' " ~ '--1 ,~ 0;< , . -f" " 13. WATVFR OF PFNNSYT VANTA mVORrF rOT)F RTGHTS. All property set apart herein either noW or in the future as the separate property of either HUSBAND or WIFE"afid'a.ll 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. mSrT OST JRF, 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 ';1 disclosure has been made. 15. TNrORPORATTON TN TTfT)GMFNT FOR mVORrF, In the event either HUSBAND Of WIFE at any time hereafter obtains a divorce in the cause presently or hereafter f" " 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 "I 'i . ~ !i-. ;; :;-";V~""""!lt;lll~ ," '-,r-" ^' "__,_;~__o,,,_..,,~,,_.,,__<_, '-~'r --> -1 ' -~, " -F" .~ '_c.",'_ iji' ., ',f .., n ~-'! r: i::' ~,:: ~i: , ;:;! t::: , II , ."';;i'!_~cm,"",,_rJli _ 16. r()1 JNSFI FFFS. Each party hereto agrees to be responsible for his or her own legal fees and expenses. 17. pJ"RSONAI RIGHTS. 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. FXFrl TTlON OF nOrl TMFNTS. 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 gi ving full force and effect to the provisions of this Agreement and to carry out the intent of the parties as expressed herein. 19. PAR TI AT my AT IDlTY. 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. w A IYFR OF FST A TF ('T AIMS. 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. 10 ,S' ~^~__'<;"'7. ~,~,'" " q- r----"- ,-,,^, ~ - - ~-,," ,~, ,_, ~_~~. ~ -0' 21. STTES. This Agreement shall be construed and governed in accordilhcewith the laws of the Commonwealth of Pennsylvania. 22. f'ONSTRT Jf'TTON. 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. i ! 11 Ii I' \~ ~ i ~; I ! I;' Ii 1',1 Ii fj': I' ~:; I: ~'i ~: IJ I; 23. FNTTRF AGRFFMFNT. 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. RFPRFSFNT A TTON. 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. RTNnTNG FFFF(T The terms, provisions and conditions of this Agreement shall i Ii ~; ~. t" ~ ~i Ii ! I I I' I Ii: I I'!: " Ii ! 'll! 11: ,i fi, 1:Wl~'''''~''1_'''''fI'''~~"~ ,,',,_"__ ,,_. ~ ,"/,." _'___,~':"~_' 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. MOnTFTf'ATTON ANn WATVFR. 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 11 '. ~, 1 .". " ~;-&...~~ '''',. "~ .' i; , ! J 'j .'1' , , J 'j' ~:' ii' " " ':', ;.!, ~I ',' ')! :j"'JW>f:'i!.;ll'!"'-'I';j""'l'~'lI;~ any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default ofthesameor.similar nature. 27. FNFORC:FMFNT. 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 anses. 28. PTJRPOSF, 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. TNTFNTTON, 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. TN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. 12 .-, " .,-~ "c:''I, ..."_ ," -_' ,~ ,~,' " -'1' '--'-" ,,,0/ , , ~ "-~ -~~", 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'ilcknowledge that each copy shall constitute an original. Witnesses: 1 l) 6 fj 1 t1. ~. ~~ f ~ (SEAL) ~:~m~ $ :~ ~i , q' , .'1, j! ,j 'j' ',t-' :j 1 ~ I r ,-1 13 j , I , ~ tj'~X'l':fi~"~""~" -'"-^"~-'-"'!1"(-"0~"'-'-~-;'"' .'," to. .,'" ~, ,'~__"";-'C' "-~ q " e'_' _ ~~ .' COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~14V\' On this, th~ day of I~ SS: , 2003, before me, a Notary Public, the undersigned officer, personally appeared DENNIS F.lEZZI, 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. NOTARIAL SEAL H~k~lt~E ELLIOTT, NOTARY PUBLIC MY COMM/~~~~ ~~~~~ J~~~}t~ COMMONWEALTH OF PENNSYLVANIA : L;~.~/ Notary Public SS: COUNTY OF LANCASTER ~ On this, the / 1 ~ay of ~ ,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 have my hand and notarial seal. :; H NOTARIAL SEAL Troupler R. Wilkinson, Notary Publlo Lancaster City, Lancaster County, PA My Commission expires April 24, 2004. . ~,i 14 ~:' ; "~;;Jt""'W~~" ,~;.,.':^.--n'!'-;:"''''_';,.~.' .>>,; ".,"';__"'~, '_1 ' -,", --, "',' ., '~"M" '.',j;',.__ .' ~i :,i :1 ~, : ;::i i f:_1 ;',! :,' ;>1 ::'!:',0,"~W"'''-'--';'_ ~. EXHIBIT A " '<~'---" '" "." 7" . ~, " - "r. ."'""""'~'"'- .~<. " CapitalOne" . . Account Summary Previous Balance Payments., Credits and Adjustments Transactions Finance Charges $2,667.98 $47.00 $25.00 $21.77 New Balance r..linimum Amount Due Payment Due Date Total Credit Line T ota! Available Credit Credit Line for Cash Av:ailable Credit for Cash $2,667.75 $59.00 January 11, 2003 $7,300 $4,632.25 $1,460 $1,460.00 At your service To call Customer Relations or to report a lost or stolen card.: 1-800-955-7070 For free .,nline :!.ccount service and spcchl. customer offers, log OR to: www.opitai.mt.com Senapaymentl to: Ann: Remin:!.RCe Proccssing Cll}'it:tlORcS~f.:CS P.O. B,).'C SS147 Richmond. VA 23276 Send inquirics to: CapitalOneserviccs P.O. Bo;~8S01S Richmond, VA2J2SS-S01S 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-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 Trom Orlando, Florida! '" ~ <0 ~ ~ PLATINUM VISA ACCOUNT 4305-7218-2742,9346 NOV 13 - DEC 12. 2002 Page 1 of 1 Payments, Credits and Adjustments 1 11 DEC PAYMENT RECEIVED - THANK YOU $47.00 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 $25.00 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, Finance Charges P/eme see revers.: siJt!flr imptJrfllnf inftmlllfit;n PURCHASES CASH Balanct raft Ptr;fJ,{K attlid fa mlt $2,675.3'4 ,Q~7tn $.00 .05425% Cwrupw"'inc .iPR 9.9()o/~ 19.90% t'M~f Slt77 $.00 9.90% ANNUAL PERCENTAGE RATE applied this period l" !-' Capita'One" ,. PLEASE RETURN PORTION BELOW WITH PAYMENT. T 0000000 0 4305721827429346 12 2667750047000059005 Ii ire New Balance Minimum Amount Due Payment Due Date $2,667.75 S59.00 January II, 2003 Total enclosed $ Account Number: I 4305-7218-2742-9346 i' I,: I'.....' ,'I Ii H f;:: -, Capital One Bank P.O. Box 85147 Richmond, VA 23276 1"1.1.,11",1,11,.,1,11,,11.,,11.,,11,.,11,,,11.,,11,..11,..1 111."11."",11,,,111 , i; ""- r' Ij., V' \' j ;;;;;;;;;;;; ... '" ~ ... LU Q ;;;;;;;;;;;; ~ - = PhoJSf trinl m'li/ing aJ.lrfss <In,Vart-m,,i{ d!llll!:fS lodwl,) using loll.,' qr b/",-l: ink. City St1t~ ZIP { I " Str~~~ Apt II ;;;;;;;;;;;; !!!!!!!!!!!!!! Home Phone AlterMtePh.:me @ EmailA<:Idrm #9034714784238088. MAIL 10 NUMBER EMI LI E IEZZI PO BOX 21 BAINBRIDGE PA 17502-0021 1",111".1.1,1,11"",1,111,.,11".,.1,1.,,11.,1.1,.,111.1,,1 PI.'dSt! wTift! YOIIT accollnf numl't!T 011 YOllr ch.:ck. or mOIl<y orda madr taYilblt! fo Capif.,/ 011': Balik. al/d mail ill th r'llCloud C'm'..tof'<'. i I" Ii i'<Y~p., , - ',K_,,~"-"5~,"1'._:,"C: '_~~' ,"'"(,,"~[" . .'1 3. r ." Past Due Amount Minimum Payment $0.00 $369.00 , , I Make your check payable to Arst USA Bank. NA. , New address or e-mail? Print on back tlKSl U~A. " '. '.H....."VUIVIH IVI ,,,,It..a':VUillIIUlIIUt:I. .....11 I"'''. .,)0 IV '.h'~o Ne~_Bnli1_[I~ ($1814.s~}_\_.> . A:~~';t Enclosed 1$ Payment Due Dnte 01103103 '. FIRST USA BANK, NA P.O. BOX 15153 WILMINGTON DE 19886.5153 1..,111,1"1"1,1"1"11,,.1,1,,,,11,1,1,,,11,.1,1,,.11.,11,,1 441712413810832600036900018458315 / EMILIEFIEZZI f~' ~~lJ PO BOX 21 . BAINBRIDGE PA 17502.0021 ,'d Z!35446 1",111",1,1,1.11"",1,111",11".,,1,1.,.11"1,1,,.111.1,,1 .: 5000 ~ bO 28': 2 2 ~.. B8 ~08:1 2 b bll' ,"0 , , eN ,"0 ,.,~ aJ~~"~{~ ,_4~,",)' Slalemenl Dele: Payment Due Date: Minimum Payment Due: 11109102 . 12109102 01103103 $369.00 CUSTOMER SERVICE In U.S. 1.800.677.7101 E,panoll'888-446.3308 TOO 1.800.955-8060 Outside U.S. call collect 1.302.594.8200 \ VISA ACCOUNT SUMMARY Previoul Balan-ce $18,683.04 Payments, Credit. - $373.00 Purchases. Ca.sh, Debits + $Q.OO Finance Charges + $148.27 New Bslance $18,458.31 Account Number: Total Oredit Una Avanable Credit Cash Access Line Available for Cash 4417 1241 38108326 $27,000 $8,541 $5,400 $5,400 ACCOUNT INQUIRIES P.o. BoIC 86S0 WilmIngton, DE 19899.8650 PAYMENT ADDRESS P.O. Box 15153 WIlmington, DE 19886-5153 VISIT US AT: WWW.firBtuB8.com ECARD REWARDS SUMMARY ECARD REBATE. $ .00 TRANSACTIONS Trans Dale Reference Number Merchant Name or Transaction Description Amount Credit Debit $373.00 11/25 7441712NTOl6JSFFP 12109 PAYMENT. THANK YOU 'FINANCE CHARGE' 107.29 Calegory Purchases Cash advances Promotional purchases Promotional purchases Promotional purchases Tolal finance charges Elle.live Annual peroentage Rate (APR): 9.40% Grace Period Type: A (Please see back of stafement tor the Grace Period explanation.) The Corresponding APR Is the rate of interest you pay when you carry a balance on purchases or cash advances. The Effective APR represents your total finance charges - inclUding transaction fees such as cash advance and balance transter feea. expreaaed aa a percentage. FINANCE CHARGES Dally Penodlc Rate 31 days in cyole .02737% .05477% .02737% .02190% .02737% Oorresponding APR 9.99% 19.99% 9.99% 7.99% 9.99"/. PERIODlCRATE(S) AND APR(S) MAY VARY Average Dally Balance Previous Oycle Ourrent Oycle $0.00 $12,643.83 $0.00 $0.00 10.00 $412.09 0.00 $5,503.51 0.00 $15.07 FINANCE CHARGES $107.29 $0.00 $3.49 $37.36 $0.13 $148.27 IMPORTANT NEWS THE YEAR END SUMMARY, A RECAP OF ALL YOUR 2002 CREDIT CARD CHARGES, IS ONE OF THE GREAT BENEFITS WE OFFER OUR VALUED CARDMEMBERS. YOUR COpy CAN BE ORDERED UNTIL 311512003. CALL 1.877-YES-3505 NOW. ORDERS WILL BE PROCESSE.D BEGINNING JANUARY 2003. PLEASE ALLOW 6.8 WEEKS FOR DELIVERY. GET A FREE CREDIT REPORT WHEN YOU TRY PRIVACYGUARD FRAUD PROTECTION FOR 30 DAYS FOR ONLY $1. DISCOVER THE SECURITY OF KNOWING YOUR PERSONAL RECORDS STAY ACCURATE. CALL 1.888. 430-3980. OFFER NOT VALID IN CA. EXPIRES 03.01-03. FIRST USA IS NOT ASSOCIATED WITH PRIVACYGUARD OR ITS AFFILIATES ORDER 4.6 OZ OMAHA STEAKS FILET MIGNONS ON SALE FOR $39.99 AND GET 6.4 OZ BURGERS FREEl CALL 1-800.228.9055 AND ASK FOR '4381 AWN. ADD $9.99 STD. SJH PER ADDRESS. LiMit 2. EXPIRES 1/31103. FIRST USA BANK, N.A.IS NOT AFFILIATED WITH OMAHA STEAKS. 1;,(,'11 011(,7 Ul;,tl fl.l$\, 7 (, fl7171V~ P."nn , n~ " ......t.( (.Jlnn .nnn,n n'"''''''C''''' "if),.? r- - .J1WfJ" r. ~, .,~_ ~_._~ m_i_., . . """,nl 7.1"i~ (Y1p.;. 5 _)n;~ ... (,rr I ! f'" ..., o-w January 23. 2003 K~'ylltlnk, u~"- K(.:y l~d\J~;lltWl1 gU~(:\lru.s 745 A~J!lntH~ l\'Jnr;\H1 :..,t." j,'in Bll,..,wn Mi\ $2'11 1.27:\) Mr. Dennis Iezzi A-6 700 Union Street Birdsboro, PA 19508 lei h17 :~4~.(lOi.() Ann KI::Y-LJ':NLI Fil.:t, f,j 7 341:HJO<:O RE: Achiever Loan Account # E 1894-17717-01 Studem: Casey Iezzi Dear ~lr. Iezzi: 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~n~. rec.ived dur1pa the period: Tot~l of p~y=onts received principal Repaid . . . . Interest ~aid tor period L&~. and Oth.r Charg.a . Insurance pr.~~ paid rees paid . . . . . . . L..t P.~nt Oat. Ulan. Advanced Ifor the period}, Principal B.l~nc. (not a payoff figur.). Accrued Interest (prior month end) . . . (07/l0/94 to 01/23(03) $ 9,754.67 $ 4,021.1l $ 5,678,55 $ 0.00 $ 0.00 $ 55.00 1V31/02 $ 9,180.00 $ 5,158.88 $ 0.89 If 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. Smcerely, Key EducatlOn Resources KER/ms "!W~~\ ~~ . 0 C~",~'''<' "-:k;" ,.o!!,.",.,,,,,,,,,. ,,"c ~'v ' ,,'" ,". >., "",- I[ .' .--n_ <."'<, ':,_,,_-__,'__,_"'__~_;?\,.._.J'_'"~,;.,;--_-', -"',~-, '" ,.'- ,"; -'~';-' ~,"- . ~ ""r"-.-'-""~ "." ~~.. -~'^'",),-;__~,,,,-,,_",,_'_-"-"_<'A""""~_~"" ., T I~~lliill L 1~'li r~'1l\,~ o c ~-. ~T' "./ ().J r'~ < <,. }< ~;..... c .:"--- -~. ID .' . ., ~ ~ c! ;') .J ., c- -, \ >" '-,J ,-6 -< ~,,~~~J!J;',m!_~t;%'!f;AW~,,[;:!f--t;1:~_;;'iC!~\1'iP'?1~tPjtt4!W';'~~~SI"!'$'n';;]~~~~~.f1!~_lli!'"":~~"J!>..., ,_ -;;-, _~: (f .1.-> , , \ ~\-\ .' f.+~,"",""l'-~ ,. At"t\ 01:5 luu3 ~ , . 0123 03/CCS/ drl/S upport/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 STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this J"" day of ~ , 2003, the parties, Dennis F. 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. S8lOl 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 ~ '" .,_;'!h,^""'~~~~" '" __",.,! T:' 'I "" . " ." -~,'" .. ~ - " , . 6. Alternate Payee's current mailing address is: P.O. Box 21 Bainbridge P A 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 ofthe Member's retirement benefit is $52,000 as ofJanuary 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 h~reby 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. 2 :'Hl;"~"""*,,,"""~" ~ ~ 'c < . '. ,~ .,e "'~ - _', ~"l :",r, __I . " "' c_ ~ -, . ~ " "~ ~1'- . ~ ~-, ~- ,. ~!f:WEWf:""': , " , " (a) Ifthe 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: (I) 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. No portion of the Balance shall be payable to Alternate Payee's estate. (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 Alternate 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 ofthe Member's retirement benefit, as set forth in Paragraph 7, to include all accumulated interest attributable to Alternate Payee, and 3 "._n'. <' "",:_,,-,,_~'-"-" '-.<'''F~~':-'>'~ !',,",., - '. ?p~r~ ,~ (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 IO(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 ofthe 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 PSERS 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 4 "~^, >;.,. "C'_~'<O ,-~."'"~ f " ]"" " ,,,' 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 ofthe 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 immediately. 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 ofthe Court. 5 "",,,~~M'!n",~1 ~__ , , .'-'. ~"-"- --,'-'1' ' . ~ """"1- '1[' " ., ~~~. , Iii . . .,'... ' WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. 1. CONSENTED TO: ~rtJtt;9 ~~ Jil~F ~. Dennis F. Iezzi Plaintiff/Member ~~;b, ~.. ~,~ da~. ~ . ~5 1Sf-. C). Ep. '1_/7- 6-3 q. 6 :'-:'_;:;::r:1~-",",:=:'\'""~'~'<W!I~_. .,,"U,! fA'" ""'C;" -~"~' - "" 'I ,r "1' "~ Pc .--^ ;;A,L""^ _.~ ":""'-->~'--"'-j.(i~[;;"illit'<i1!~:lEt~;!i'.ti!mliti:mclHtJ..,:_';W';'i'1"'i;""",,_,,-",.,,,,,i"~,,iliil1.~~;- _i~~'iC ',-, "" .'" '," (" 't;lJ~ WI~ -.;. .'l_.k',;"r-',~,i' v,~" ',",' ,',"' ';~"'~_ ._,_ ~ '-1,,-;" -;'w " .",-';"'-"'0', '-"-'. 1 r, \)3 dP') 1 ,.. "'9 jN,I. 9: n4 C'r!^_:-", ,.IUIV~;:i"__:-,;L.>:,,,:\,J i,,"'_;;J1iVIY [-'6\:1":\.::V1 \iI.:I'I" , .1\vll..~'I'-\:"Jf'\ JI!I..,","".,. .~,.w /-f ~ ,~r-. =-\=4 ~.; -