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HomeMy WebLinkAbout99-041441 IN THE COURT OF COMMON PLEAS N O. 99-4144 Civil IN DIVORCE DECREE IN DIVORCE AND NOW, 0 cl C. F { , 20, 02, IT IS ORDERED AND RAY A. YOST, OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS DENISE L. YOST, Defendant DECREED THAT RAY A. YOST AND DENISE L. YOST ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. The terms of the Property Settlement and Separation Agreement dated June 5, 2002, are incorporated but not merged into this Decree in Divorce. BY THE COURT: L/ C' f r ATTE ROTHONOTARY RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 994144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this > day of?--- , 2002, BETWEEN RAYA. YOST, of 58 Ballpark Drive, Gar L, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND DENISE L. YOST, of 1094 Celeste Drive, Shippensburg, Franklin County, Pennsylvania, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on February 14, 1987 in Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of SAIDIS SNUFF, FLOWER & LINDSAY ArroaNevs•AT•uw 26 W. High Street Carlisle, PA Cumberland County, Commonwealth of Pennsylvania, on July 7, 1999 to Number 99- 4144, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon known and numbered as 1094 Celeste Drive, SHUFF IFLOWER Shippensburg, Franklin County, Pennsylvania. The property is encumbered by two & LINDSAY ArMRWMAT-LAW liens, a first mortgage in favor of Wells Fargo, and the second mortgage in favor of 26 W. High Simi Carlisle, PA American General. The parties will list the home with a real estate agent agreeable to the two of them at a price agreeable to the two of them. In the event that they cannot agree on a price, they will list the properties at the price recommended by the real 2 estate agent, and they will further take the recommendation of the real estate regarding reductions in the asking price until the property is sold. It is the parties' intention to sell the property in the year 2002 and make any concessions on the asking price in order to accomplish that goal and still pay off the first mortgage. The parties will payoff the second mortgage by the strategy of each liquidating a share of Husband's 401(k) plan with PPG Industries as set out in Paragraph 7 below. Within ten (10) days of a rollover providing Wife her share of the 401(k) plan, Husband will borrow or liquidate from his remaining share sufficient amounts to pay 60% of the second mortgage and Wife will liquidate the rollover IRA to pay 40% of the second mortgage. Each party will accept the tax consequences and penalty on his or her payment of a share on the second mortgage. Pending the sale of the house, Wife shall reside therein and shall pay SAIDIS SNUFF, FLOWER & LINDSAY ATTtNUiEy$•AT•UW 26 W. High Street Carlisle, PA the first mortgage on the property, the taxes, insurance and utilities, and shall indemnify and hold Husband harmless on account of any charge for the house except for Husband's share of the second mortgage as set out herein. Upon the sale of the house, after payoff of the first mortgage and the usual costs of sale, the parties will divided the proceeds of sale with Wife receiving 60% of the proceeds and Husband receiving 40% of the proceeds. In the event Wife removes from the marital home prior to its sale, the marital home, she forfeits any interest therein and will execute a special warranty deed parties shall, at Husband's option, provide to the first mortgage holder a deed in lieu of foreclosure. In the alternative, and at Husband's option, if Wife removes from the transferring to Husband all her right, title and interest in the marital home to Husband, 3 and Husband may occupy the house, at his discretion, pay the first mortgage, taxes, insurance and utilities, indemnifying and holding Wife harmless on account of those charges during his period of occupancy. Wife will give Husband 30 days notice before she vacates the home and if Husband elects to occupy the home himself, the parties will prorate the mortgage payment for the month of relocation. Upon relocation and execution of deed, Wife shall have no further obligation for the costs associated for the marital home. If Husband determines to sell the house after Wife removes therefrom, he shall receive 100% of the proceeds. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Husband's obligation for a loan from his brother ii. Wife's obligation for a loan against her insurance policy 1: Husband shall pay the obligations to his brother. 2: Wife will accept the obligation for any loan against her insurance policy. B: Post Separation Debt: In the event that either party contracted or SAIDIS FLOWER incurred any debt since the date of separation on April 7, 1999 the party who SNUFF, FLOWER & LINDSAY ATTONNM-A-LAW incurred said debt shall be responsible for the payment thereof regardless of the 26 W. High Street Carlisle, PA name in which the debt may have been incurred. - C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or 4 estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. In the event the transfer cannot be made immediately, the parties will cooperate to ensure the transfer as soon as it can be made. Husband will retain the 1998 Ford Ranger and be responsible for the encumbrance thereon to Ford Credit. Wife will retain the 1993 Cutlass Supreme, the title for which is held by American General but will be released upon the payment of the second mortgage. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household SAIDIS SH[JFF FLOWER furnishings, appliances, tools and other household personal property between them, & LINDSAY Arioarrers.Arvww and they mutually agree that each party shall from and after the date hereof be the 26 W. High Street Grllele. PA sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each 5 party to the other for such property as may be in the individual possession of each of the parties hereto. Attached hereto as Exhibit "A" is certain property which shall be Husband's sole and separate property. Within ten (10) days of the date of this Agreement, Wife will notify Husband that the property is assembled so that she can pick it up at her home. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Streel Carlisle, PA relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Notwithstanding the above, Wife will prepare a Qualified Domestic Relations Order transferring to Wife 60% of Husband's PPG 401(k) Plan as of April 7, 1999 together with any earnings or loss thereon. Further, by Qualified Domestic Relations Order prepared by Husband's counsel, Husband will transfer to Wife 60% of the marital portion of his PPG Pension, the marital portion being defined as that portion earned between the date of the parties' marriage or the date of Husband's employment, whichever is later, and the date of the parties' separation, April 7, 1999. (S) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. 6 -..-1 (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire and Wife is represented by Robert L. O'Brien, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and SAIDIS SHUFF, FLOWER & LINDSAY AnoxNevS•Ar•uw 26 W. High Simi Carlisle, PA State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause 7 of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. SAIDIS SNUFF, FLOWER (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge & LINDSAY ATRIphEys.Ar•uw 26 W. High Street that each of them has read and understand his and her rights and responsibilities Carlisle. PA under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 8 (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente /rte, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; SH[JFP FDLIIS C. All rights of courtesy and dower and all claims or rights in the & LINDSAY ATrUNMCYg•AT•IAW nature of courtesy and dower; 26 W. High Stred Carlisle, PA D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: 9 (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law SAIDIS SNUFF. FLOWER & LINDSAY ArMRNM-AT•LAW 26 W. High Street Carlisle, PA of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in 10 a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: 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. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. SAIDIS 3HUFF, FLOWER & LINDSAY WITNESS: nnortt?vs•ATuw IG W. Nigh Street J {/// ,/ ./? / / Carlisle, PA `:%/??5?/ C. j ??i ? / L//L7?Jj ' ' ?y h. i{ enise L. 11 r - ? C i '7 W N -r L,,. LI1??- PJ _ C . 1!. U Q U RAY A. YOST, Vs. DENISE L. YOST, To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99.4144 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) 3301(d)(4) of the Divorce Code. (Strike out Inapplicable section). 2. Date and manner of service of the complaint: Proof of service filed July 16, 1999. 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 the Plaintiff on June 5, 2002; by the Defendant on July 3, 2002 (b) it reqUired by (2) Date of s of the Pla RtifPs affidavit upon the Defendanti 4. Related claims pending: None 5. Complete either (a) or (b). SAIDIS SNUFF, FLOWER (a) Date and manner of service of the notice of intention to file & LINDSAY praecipe to transmit record, a copy of which is attached: A7TORNMoAT•LAW 26 W. High Street (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with Carlisle, PA the Prothonotary: June, 2002 Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: July 3, 2002 ? Z Carol J. Lin y, Attorn r Plaintiff y. er .n , y c. ?- . ?_ N ?,,- 4 ?'? Ua0.. ! ? "? ?};`• > L ?, ? li) ? ? ? ? J,'? . lV ' Z ? V7 .7 `? o v A RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW : NO. 99.4144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this `D day of 2002, BETWEEN RAYA. YOST, of 58 Ballpark Drive, Gardners, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND DENISE L. YOST, of 1094 Celeste Drive, Shippensburg, Franklin County, Pennsylvania, hereinafter referred to as Wife. RECITALS: RA: The parties hereto are husband and wife, having been joined in marriage on February 14, 1987 in Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of SAIDIS SNUFF, FLOWER & LINDSAY ATMRNErs.AT•uw 26 W. High Street Carlisle, PA Cumberland County, Commonwealth of Pennsylvania, on July 7, 1999 to Number 99- 4144, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, of all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate SAIDIS SHUFF, FLOWER & LINDSAY ATIURMPAT•UW 26 W. High Street Carlisle, PA with improvements thereon known and numbered as 1094 Celeste Drive, Shippensburg, Franklin County, Pennsylvania. The property is encumbered by two liens, a first mortgage in favor of Wells Fargo, and the second mortgage in favor of American General. The parties will list the home with a real estate agent agreeable to the two of them at a price agreeable to the two of them. In the event that they cannot agree on a price, they will list the properties at the price recommended by the real 2 estate agent, and they will further take the recommendation of the real estate regarding reductions in the asking price until the property is sold. It is the parties' intention to sell the property in the year 2002 and make any concessions on the asking price in order to accomplish that goal and still pay off the first mortgage. The parties will payoff the second mortgage by the strategy of each liquidating a share of Husband's 401(k) plan with PPG Industries as set out in Paragraph 7 below. Within ten (10) days of a rollover providing Wife her share of the 401(k) plan, Husband will borrow or liquidate from his remaining share sufficient amounts to pay 60% of the second mortgage and Wife will liquidate the rollover IRA to pay 40% of the second mortgage. Each party will accept the tax consequences and penalty on his or her payment of a share on the second mortgage. Pending the sale of the house, Wife shall reside therein and shall pay SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•IAW 26 W. High Street Carlisle. PA the first mortgage on the property, the taxes, insurance and utilities, and shall indemnify and hold Husband harmless on account of any charge for the house except for Husband's share of the second mortgage as set out herein. Upon the sale of the house, after payoff of the first mortgage and the usual costs of sale, the parties will divided the proceeds of sale with Wife receiving 60% of the proceeds and Husband receiving 40% of the proceeds. In the event Wife removes from the marital home prior to its sale, the parties shall, at Husband's option, provide to the first mortgage holder a deed in lieu of foreclosure. In the alternative, and at Husband's option, if Wife removes from the marital home, she forfeits any interest therein and will execute a special warranty deed transferring to Husband all her right, title and interest in the marital home to Husband, 3 and Husband may occupy the house, at his discretion, pay the first mortgage, taxes, insurance and utilities, indemnifying and holding Wife harmless on account of those charges during his period of occupancy. Wife will give Husband 30 days notice before she vacates the home and if Husband elects to occupy the home himself, the parties will prorate the mortgage payment for the month of relocation. Upon relocation and execution of deed, Wife shall have no further obligation for the costs associated for the marital home. If Husband determines to sell the house after Wife removes therefrom, he shall receive 100% of the proceeds. (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement, except as follows: i. Husband's obligation for a loan from his brother ii. Wife's obligation for a loan against her insurance policy 1: Husband shall pay the obligations to his brother. 2: Wife will accept the obligation for any loan against her insurance policy. B: Post Separation Debt: In the event that either party contracted or SHUFF IFLOWER incurred any debt since the date of separation on April 7, 1999 the party who & LINDSAY ATrOpf?YS•AT•L1W incurred said debt shall be responsible for the payment thereof regardless of the 26 W. High Street Carlisle, PA name in which the debt may have been incurred. C: Future Debt: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or 4 estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) days of the date of this agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. In the event the transfer cannot be made immediately, the parties will cooperate to ensure the transfer as soon as it can be made. Husband will retain the 1998 Ford Ranger and be responsible for the encumbrance thereon to Ford Credit. Wife will retain the 1993 Cutlass Supreme, the title for which is held by American General but will be released upon the payment of the second mortgage. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually SAIDIS SHUFF, FLOWER & LINDSAY Arr0MVS-AT-UW 16 W. High Slreel Carlisle, PA agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each 5 party to the other for such property as may be in the individual possession of each of the parties hereto. Attached hereto as Exhibit "A" is certain property which shall be Husband's sole and separate property. Within ten (10) days of the date of this Agreement, Wife will notify Husband that the property is assembled so that she can pick it up at her home. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby SAIDIS SHUFF, FLOWER & LINDSAY ATT'OENEYS-AT•LAW 26 W. High Sireel Carlisle, PA relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401K plans and the like. Notwithstanding the above, Wife will prepare a Qualified Domestic Relations Order transferring to Wife 60% of Husband's PPG 401(k) Plan as of April 7, 1999 together with any earnings or loss thereon. Further, by Qualified Domestic Relations Order prepared by Husband's counsel, Husband will transfer to Wife 60% of the marital portion of his PPG Pension, the marital portion being defined as that portion earned between the date of the parties' marriage or the date of Husband's employment, whichever is later, and the date of the parties' separation, April 7,1999. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. 6 (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel. Husband is represented by Carol J. Lindsay, Esquire and Wife is represented by Robert L. O'Brien, Esquire. Each party acknowledges and accepts that this agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either SAIDIS SH[JFF, FLOWER FLOWER of them, each will indemnify and hold harmless the other from and against any loss or & LINDSAY AT7'Ogr?:YS•AT•UW liability for any such tax deficiency or assessment and any interest, penalty and 26 W. High Simi Carlisle, PA expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause 7 of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, SAIDIS SHUFF, PLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. 8 (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; SAIDIS FLOWER SHUFF, FLOWER C. All rights of courtesy and dower and all claims or rights in the & LINDSAY ATIURNEYS.AT•IAW nature of courtesy and dower; 26 W. High Street Carlisle, PA D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: 9 (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law SAIDIS SHW FLOWER & LINDSAY Artoatavs•Ar•uw 26 W. High Street Carlisle. PA of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in 10 i a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: 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. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound SAIDIS SHUFF, FLOWER St LINDSAY ATrORNIM-AMAW 26 W. High Street Carlisle, PA have hereunto set their hands and seals the day and year first written above. WITNESS: 7 //?Z Ra A. Yost Denise L. Yost 11 RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL DIVISION - LAW DENISE L. YOST, : NO. 99-11YAl CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the }ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES, BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 RAY A. YOST, Plaintiff V. DENISE L. YOST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99 --SUyy CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE (DIVORCE CODE 1. Plaintiff, Ray A. Yost, is an adult individual currently residing at 5 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania, since May 1999 . 2. Defendant, Denise L. Yost, is an adult individual currently residing at 1094 Celeste Drive, Shippensburg, Franklin County, Pennsylvania, since 1995. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on February 14, 1987 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage between the parties is irretrievable broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree of divorce pursuant to § 3301(c) or § 3301(d) of the Divorce Code. Dated: (- (? - ( 07 nas bmil, quire Attorney for the Plaintiff 401 East Louther Street; Suite 103 Carlisle, PA 17013 (717) 240-0833 (717) 249-2407 - FAX VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 0 4904, relating to unswom falsification to authorities. RAY A. S'r 1 Q Jn L1-' VII IA r lL Li i la U N l- CL n 1 J 7 O1 01 J ill fi. L NJIL V 1C? ?J I\1 V CC RAY A. YOST, Plaintiff V. DENISE L. YOST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL. ACTION LAW NO. 99-4144 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 14th day of July 1999, comes Thomas S. Diehl, i Esquire, Attorney for Plaintiff, Ray A. Yost, and states that he personally mailed a certified copy of a Complaint In Divorce to the Defendant, Denise L. Yost, at 1094 Celeste Drive, i Shippensburg, Franklin County, Pennsylvania by certified mail, return receipt requested. A copy of said receipt is attached hereto indicating service was made on July 9, 1999. Attorney for Plaintiff 401 East Louther Street Suite 103 Carlisle, PA 17013 (717) 240-0833 (717) 249- 2407 - FAX .?. Z 3:19 067 24fJ US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do net use Inr Inlernelinnel Mall Ggea mumeel $ S 'n ? e 0 3, a =^ PS Form Z 8 as M li N a I enNOr 2 for additional servlcos. 19180 wish to receive the 3, 4a, and 4b. following services (for an and address on the reverse of his form 90 that we can return this extra fee): to the front of the mallplece, or on the back If apace doee not addressee's Address 9c91pf negoaalad'on the mallplece below the Wide number. B9trloted Delivery "I'l wlll allow to whom the ealcle was dolNered and the data C nsu postmaster for fee. Fs DENISE L YOST 1094 CELESTE DRIVE SHIPPENSBURG PA 17257 r December 1994 SenftNISE L YOST Soar ELESTE DRIVE Poe I• Cado9?f.?sf ? OEM Pourge $ Cenllled Fee /. YO Special Delivery Fee Restricted Delivery Fee a, i•S Return Recelpl Shoving to Whom & Dale DaRveled Reeve Raelq ShoeYgloWhon Dale. B Addressees Address TOTAL Postage A Fees $ S• 9?'? Postme k or Uale 4a. Article Number Ft Z 339 067 240 ¢& 4b. Service Type E ? Registered rtgled C7 Express Mall ? Insured ? Return Receipt for Merchandise ? COD 7. Date of Delivery o` 9. Addressee's Address (Only ff requested T and fee Is pit ae 5 ? fl6/7 102595 98-B 0229 9 S RAY A. YOST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION •- LAW NO. 99.4144 CIVIL TERM DENISE L. YOST, Defendant : IN DIVORCE PRAECIPE TO ENTER WITHDRAW TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Ray A. Yost, in the above captioned case. Thomas S. Diehl, Esquire PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Ray A. Yost„ in the above captioned case. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By:(?" le 1= C C rol in say, Esquire I # 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 c Iz cS r--:: O Q 1 ? 4 " '? c- ;l I ? U a == u U O [[rW Lill I I w ?' n n g d V1 Oa?$? Q T A " C C A u 0 RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATr6RKM-AT•twW 26 W. High Street Carlisle, PA DENISE L. YOST, VS. : CIVIL ACTION - LAW : NO. 99-4144 CIVIL TERM Defendant : IN DIVORCE NOTICE 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 the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. By:, Carol J. indsay, Es ID#44 93 26 West High Street Carlisle, PA 17013 (717) 243-6222 RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant : IN DIVORCE AMENDED COMPLAINT IN DIVORCE RAY A. YOST, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: COUNT I - DIVORCE 1. The Plaintiff is Ray A. Yost, who currently resides at 487 Highland Court, Carlisle, Cumberland County, Pennsylvania, where he has resided since 2000. 2. The Defendant is Denise L. Yost, who currently resides at 1094 Celeste Drive, Shippensburg, Franklin County, Pennsylvania, where she has resided since 1995. 3. The Plaintiff and Defendant both have been bona fide residents in the SAIDIS Commonwealth of Pennsylvania for at least six months immediately prior to the filing SNUFF, FLOWER & LINDSAY of this Complaint. ATrORNE SAT.uW 26 W. High Street 4. The Plaintiff and Defendant were married on February 14, 1987 in Carlisle, PA Cumberland County, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff avers that he is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT 11- EQUITABLE DISTRIBUTION 8. The averments in the paragraph preceding are incorporated herein by reference as if set out in full. 9. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Petitioner prays this Honorable Court to equitably divide the SAIDIS SHUFF, FLOWER & LINDSAY ArrORMY •AT-1AW 26 W. High Street Carlisle, PA parties' property. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By. ?4 Caro J. indsay, Esq ire ID#,44 3 26 West High Street Carlisle, PA 17013 (717) 243-6222 VERIFICATION I, the undersigned, hereby verity that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. 4Lwyost Date:_ Ocl 'Q001 SAIDIS SHUFF, FLOWER & LINDSAY Arroer?s•Ar•uw 26 W. High Street Carlisle, PA RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND now, this day of 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Amended Complaint in Divorce this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Denise L. Yost Robert L. O'Brien, Esquire 1094 Celeste Drive O'Brien, Baric & Scherer Shippensburg, PA 17257 17 West South Street Carlisle, PA 17013 SAIDIS SHUFF, FLOWER & LINDSAY ATMRNM-ATuW 26 W. High Street Carlisle, PA SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: 2 C. J. Lindsay, Esquire 693 26 West High Street Carlisle, PA 17013 (717) 243-6222 ?. ?' :. ' (`. M ;; ? ? ? ? ? ? ? ? , ?- ? .T :1 .'.? r n n O ?" ? r r ?=" a ? _?? < a $ ?? c?a ? U ? O ? 3 ?T" ? ? ? ? x a Cp ? a rv r ? = r y C C . 1 u6 F LL RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 7, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. FW A. Yost , Plaintiff LD-s OZ Date: SAIDIS SHUFF, FLOWER & LINDSAY ArtvRH6PS.Ar.IAW 26 W. High Street Carlisle. PA ? - t r• iq (0 CL :. CIO U RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER s3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. l- Re AJJ Yos , Plaintiff l0''eS_UZ Date: SAIDIS SHUFF, FLOWER & LINDSAY ArropMEYS•AT•UW 26 W. High Street Carlisle, PA L5 C :. ? fl o r tiJ . LT FLU ' ill lL? T: 7 _ 17.12 U L a RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 7, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. uvv-?,- D. Yost efendant ?, 6/0a Date SAIDIS SHUFF, FLOWER & LINDSAY ATr()RMVs•AT•1AW 26 W. High Street Carlisle. PA Ci" - `i _. -_i ,? ;?? :; _i : _. ? c. ... ? :'i J 1 RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 93301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Denise 4.st,e dant C/.? (,/t D SAIDIS SHUFF, FLOWER & LINDSAY ArroSraSVSUT•uw 26 W. High Street Carlisle, PA r, I.. 1-= ._?: /1 ?.i2 ?? ?i •.1? iJ RAY A. YOST VS. DENISE L. YOST IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL. ACTION - LAW NO•99-4144 CIVIL 19 IN DIVORCE Defendant STATUS SHEET DATE: fT- /?l ACTIVITIES: VI 2'L . AFL nl(_ /ti ?Z? • 0 Z @M[ 0. 1?kY) r11WV RAY A. YOST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99 - 4144 CIVIL DENISE L. YOST, Defendant IN DIVORCE TO: Carol J. Lindsay Robert L. O'Brien Attorney for Plaintiff , Attorney for Defendant DATE: Wednesday, October 10, 2001 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. (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. JAMES D. FLOWER JOHN E. SLIKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR. CAROL J. LINDSAY JOHNNA J. KOPECKY KARL M. LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER FORREST N. TROUTMAN, 11 LAW OFFICES SAIDIS, SHUFF, FLOWER Sc LINDSAY A PROFESSIONAL CORPORATION 26 WESTHIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243-6222 - FACSIMILE: (717) 243-6510 EMAIL: clindsay@ssfl-law.com www.ssfl-l,lw.com June 6, 2002 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Yost v. Yost No. 99-4144 Dear Mr. Elicker: WEST SHORE OFFICE: 2109 MARKET STREET CAMP HILL, PA 17011 TELEPHONE: (717)737-3405 FACSIMILE: (717)737-3407 REPLY TO CARLISLE I am please to report that the parties in this case have executed a Property Settlement and Separation Agreement and you may ask the court to vacate your appointment. I enclose two copies of the Agreement for your file. Thank you for your file. Very truly yours, SAIDIS, SHUFF, F WER & LINDSAY, P.C. C? Carol J Lind a CJL1tjb Enclosure cc: Ray A. Yost Robert L. O'Brien, Esquire RAY A. YOST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 4144 CIVIL DENISE L. YOST, Defendant IN DIVORCE NOTICE QE PRE-HEARING r.QUFZRENCF TO: Carol J. Lindsay Robert L. O'Brien Attorney for Plaintiff , 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 29th of January, 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: 11/28/01 E. Robert Elicker, II Divorce Master RAY A. YOST V. DENISE L. YOST TO: Ray A Yost Carol J. Lindsay Denise L. Yost Robert L. O'Brien IN THE COURT OF COMMON PLEAS OF . CUMBERLAND COUNTY, PENNSYLVANIA No. 99 - 4144 CIVIL, ACTION It" DIVORCE. ORDER AND NOTICE SETTING HEARING Plaintiff Counsel for Plaintiff Defendant Counsel for. Defendant 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 23rd da April 2002 c: j 9:00 place and time you will. be given the opportunity tcl.resent 0),5,) ,Is -F &' support of your case. By t e C rt, rge E- Hoffer, (resident Judge By: Divorce Master ? OR CANNOT AFFORD ONE, GO TO OR ,..-a rnvrvn itlt OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBEIMANI1 COUNTY HAR ASSOCIATIM1 7 1.11;1{R'I'`.' A.VIi tJU IC ?'f'•. 121.!'-.I.1- I -ill! i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RAY A. YOST V. No. 99 - 4144 DENISE L. YOST CIVIL AC'r I ON - LPk: ]N DIVORCE' ORDER AND NOTICE: SETTING HEARING TO: Ray AYost , plaintiff Carol J. Lindsay , counsel for. Plaintiff: Denise L. Yost , Defendant Robert L. O'Brien , counsel for Defendant 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 da% hanover Street, Carlisle, Pennsylvania on the _23rd April 2002 at 9:00 place and time you will be given the opportunity cc pi sent witnesses and exhibits in support of your case. Date of ?MM and Notice: ;By C rtE. Hoff r, President Judge By: -- Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT A17FORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE'E' LEGAL HELP. CUM14I{HEARD COUNTY BAR ASSOCIATION 7 I.iRh:ITI `' h.VENUF t'A It!.I'i.l I ills i RAY A. YOST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL DIVISION - LAW DENISE L. YOST, NO. 99-4144 CIVIL DIVISION Defendant IN DIVORCE PETITION FOR THE PAYMENT OF ALIMONY AND ATTORNEY'S FEES SUBSEQUENT TO THE DIVORCE ACTION 1. Petitioner is Denise L. Yost, the Defendant in the above-captioned divorce action. 2. Respondent is Ray A. Yost, the Plaintiff in the above-captioned divorce action. 3. Respondent filed the divorce action on or about July 7, 1999. 4. The Petitioner intends to have this divorce matter referred to the Cumberland County Divorce Master for disposition. 5. Petitioner requests that a claim for permanent alimony and attorney's fees be considered by the court in conjunction with the granting of the divorce action. WHEREFORE, Petitioner respectfully requests that claims in reference to alimony and attorney's fees be considered in conjunction with the granting of divorce in this action. a Respectfully submitted, O'BRIEN, BARIC & SCHERER By: Robert L. O'Brien, Esquire Attorney for Petitioner I. D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.d it/domestic/yost2.pet Y VERIFICATION I verify that the statements made in the foregoing Petition for the Payment of Alimony and Attorney's Fees Subsequent to the Divorce Action are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: 7 ?J iOJIw-;O, C V-v?? Denise L. Yost [T W E 4 CX) DO \l `J LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST I-I IGH STREE r JAMES D. FLOWER CARLISLE, PENNSYLVANIA 17013 JOHN E. SLIKE "TELEPHONE: (717) 2.13-6°22- FACSIMILE: (7'17) 243.6510 ROBERT C. SAIDIS EMAIL: clindsayEssfl-law.com GEOFFREY S. SHUFF www.ssfl-Iacv.CO°' WEST SHORE OFFICE: JAMES D. FLOWER, JR. CAROL J. LINDSAY 2109 MARKETSTREE]' JOHNNA J. KOPECKY CAMP HILL, PA 17011 KARL M. LEDEBOHM TELEPHONE: (717)737.3405 L. . HITCH HITCHING S JOSEPH FACSIMILE: (717)737-3407 THOMAS E. FLOWER REPLY TO CARLISLE October 15, 2001 E. Robert Elicker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 Re: Yost v. Yost No. 99-4144 Dear Mr. Elicker: Enclosed please find the Certification of discovery in the captioned case. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. ' i Carol J. Lin s C,IUtib Enclosure cc: Ray A. Yost Robert L. O'Brien, Esquire OCT 1 2 20 .. RAY A. YOST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 99 - 4144 CIVIL DENISE L. YOST, Defendant IN DIVORCE TO: Carol J. Lindsay Attorney for Plaintiff Robert L. O'Brien Attorney for Defendant DATE: Wednesday, October 10, 2001 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. 1V bli/ (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 1Q.i.:. J7 ATE COUNSEX F R PLAINTIF ( .? COUNS "OR DEFENDAN ( ) 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. "J THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. v RAY A. YOST, Plaintiff Vs. DENISE L. YOST, Defendant TO: Carol J. Lindsay Robert L. O'Brien IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99 - 4144 CIVIL IN DIVORCE Attorney for Plaintiff Attorney for Defendant DATE: Wednesday, October 10, 2001 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. y (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. RAY A. YOST, Plaintiff V. DENISE L. YOST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99-4144 CIVIL DIVISION IN DIVORCE ORDER OF COURT AND NOW, this day of b r_10j e t' , 2001, a Rule-To-Show- Cause is issued upon the Respondent to show cause why the relief requested should not be granted. Said Rule is returnable at a hearing scheduled for the 1A1 day of ?L2?enn?iu/, 2001, at r- a. ./p.m. in Courtroom No. Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. BY THE COURT, J. L/I Robert L. O'Brien, Esquire Attorney for Defendant/Petitioner Carol J. Lindsay, Esquire Attorney for Plaintiff/Respondent I ?d RAY A. YOST, Plaintiff V. DENISE L. YOST. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW NO. 99-4144 CIVIL DIVISION IN DIVORCE PETITION FOR THE PAYMENT OF INTERIM ATTORNEY'S FEES 1. Petitioner is Denise L. Yost, Defendant in the above-captioned divorce action. 2. Respondent is Ray A. Yost, Plaintiff in the above-captioned divorce action. 3. Petitioner wishes to pursue her rights and claims available through the Pennsylvania Divorce Law and wishes this matter to be referred to a Master. 4. Petitioner has a total income of approximately $2,000.00 per month, which consists of her earnings, child support and spousal support. Respondent is employed and earns in excess of $42,000.00 per year. Additionally, Respondent's paramour, whom he left the Petitioner to live with, has similar earnings in excess of $42,000.00 per year. 5. Petitioner lacks sufficient income and has no disposable assets with which to pursue her rights in the divorce action. 6. Respondent has sufficient income with which to pursue his claims in the divorce action. WHEREFORE, Petitioner respectfully requests that this Honorable Court order and direct that the Respondent pay $2,000.00 in past and future attorney's fees, incurred or to be incurred by the Petitioner in pursuing her claims under the divorce code Respectfully submitted, O'BRIEN, BARIC & SCHERER By: AA l,? Robert L. O'Brien, Esquire Attorney for Defendant/Petitioner I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dlr/domestiOyost.pet VERIFICATION I verify that the statements made in the foregoing Petition for the Payment of Interim Attorney's Fees are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: Denise . Yost J l_ 1 i l1 I r-• - i c_ . i ' ?l 5 L t1 n C1C o tLl n U W < Z ? W ? j U ? U ` r xx n Q x Z 5 m ? d Z 3 cal _ ? ? ? V \X 1 RAY A. YOST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW DENISE L. YOST, Defendant NO. 99-4144 CIVIL TERM ORDER OF COURT AND NOW, this I" day of November, 2001, upon consideration of Defendant's Petition for the Payment of Interim Attorney's Fees, and following a hearing held on November 1, 2001, the petition is granted to the extent that Plaintiff is directed to pay to Defendant the sum of $308.41 for interim attorney's fees, within 30 days of the date of this order. THIS ORDER is entered without prejudice to a recommended disposition of the ultimate issue of the proper apportionment of attorney's fees by the Divorce Master. BY THE COURT, Wesley O er, J ., / l Carol J. Lindsay, Esq. Attorney for Plaintiff Robert L. O'Brien, Esq. Attorney for Defendant :rc ?J r - co Law Offices O'BRIEN, BAR/C & SCHERER /7 West South Street Car/isle, Pennsylvania 17013 Robert L. O'Brien David A. Baric Michael A. Scherer November 21, 2001 E. Robert Elicker, II Divorce Master 9 North Hanover Street Carlisle, Pennsylvania 17013 Re: Yost vs. Yost No. 99-4144 Dear Mr. Elicker: (717) 219-6873 Fax (717) 49.5755 E-mail: obs(itWbslmr.coin Enclosed please find my client's inventory and appraisement in the above- referenced case. Very truly yours, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire RLO/af Enc. cc: Denise Yost Carol J. Lindsay, Esquire file do.di r/letters/yost2.ltr OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Carlisle, PA 17013 (717) 240-6535 E. Robert Elicker, 11 Divorce Master Traci Jo Colyer Office Manager/Reporter October 19, 2001 West Shore 697-0371 Ext. 6535 Carol J. Lindsay Robert L. O'Brien, Esquire Attorney at Law O'BRIEN, BARIC Et SCHERER SAIDIS, SNUFF, FLOWER & LINDSAY 17 West South Street 26 West High Street Carlisle, PA 17013 Carlisle, PA 17013 RE: Ray A. Yost vs. Denise L. Yost No. 99 - 4144 Civil In Divorce Dear Ms. Lindsay and Mr, O'Brien: Counsel have both certified that discovery is complete. Therefore, I am going to proceed with the understanding that we will not be dealing with any discovery issues at the pre-hearing conference. This action was commenced by the filing of a divorce complaint on July 7, 1999, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On October 4, 2001, an amended complaint was filed raising the economic claim of equitable distribution. No claim has been raised by either party for alimony or counsel fees and costs. Grounds for divorce are irretrievable breakdown of the marriage and I assume that both parties will sign affidavits of consent and waivers of notice of intention to request entry of divorce decree. Ms. Lindsay and Mr. O'Brien, Attorneys at Law 19 October 2001 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, November 16, 2001. 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 file 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. RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99.4144 CIVIL TERM DENISE L. YOST, Defendant : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Ray A. Yost, moves the court to appoint a master with respect to the following claims: ( x) Divorce ( x) Distribution of Property ( 1 Annulment ( ) Support ( I Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses SAIDIS SHUR, FLOWER & LINDSAY Armarrevs•AT•LAW 26 W. High Street Carlisle. PA and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by her attorney, Robert L. O'Brien, Esquire. (3) The statutory ground(s) for divorce is/are 3301(c) /(d). (4) Delete the inapplicable paragraph(s). (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: none. (c) The action is contested with respect to the following claims: divorce, equitable distribution. (5) The action complex issues of law or fact. (6) The hearing is expected to take 1. (7) Additional information, if any, relevant to the motion: none. Date: 0(4- i 7 {212 1 4 1 J4 (??, Carol J. Lind y, Attorney for Plaintiff ORDER APPOINTING MASTER AND NOW, this day of (XC&-,- 2001, E. Robert Elicker, Il, Esquire, is appointed master with respect to the following claims: Divorce; Equitable Distribution. By the Court, ..,. ,;. RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION -LAW : NO. 99.4144 CIVIL TERM DENISE L. YOST, Defendant : IN DIVORCE CERTIFI CATE O F S ERVICE AND now, this /t/' day of 9),_ &I, r? 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Motion for Appointment of a Master this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Denise L. Yost Robert L. O'Brien, Esquire 1094 Celeste Drive O'Brien, Banc & Scherer Shippensburg, PA 17257 17 West South Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By\, 9r?,'Z i:,-i/r 4 SAIDIS SHUFF, FIAWER & LINDSAY ATn.RKM*ATnuW 26 W. High Street Carlisle, PA Carol J. Lindsay?'Esquire I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 ,, ?_ ? , ,.? -I d n n C r r G ? F •i `a ?co U FF LL ? ? ? ?e r ym n 2 N N y k N7J-15-2001 04:21 =R]'1: 7175327531 T0: 7172435755 212 RAY A. YOST IN THE COURT OF COMMON PLEAS OF ISItln81f CUMBERLAND COUNTY. PENNSYLVANIA CIVIL DIVISION - LAW NOV 2 1 2001 V. DENISE L, Y STirWertt N0. wA144 CIVIL DIVISION IN DIVORCE INVENTORY AND APPRAISEMENT OF DENISE L. YOST Defendant files the following Inventory and Appralsement of all property owned or possessed by either party at the time this action was commenced and W praperty transhwrod within the Dracadln0 three years. Defendant verifies that the statements made in this Inventory and Appraioement am true and correct Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4804 relating to unworn falsification to authorities. orn a L. Yoh) Dated: 1 I 1 I ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. (X) 1. Real Property (X) 2. Motor Vehicles () 3. Stocks, bonds, securities and options () 4. Certificates of Deposit (X) 5. Checking Accounts, Cash () 6. Savings Accounts, Money Market and Savings Certificates () 7. Contents of safe deposit boxes () 8. Trusts (X) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) () 10. Annuities () 11. Gifts () 12. Inheritances () 13. Patents, copyrights, inventions, royalties () 14. Personal property outside the home () 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits-severance pay, workman's compensation claim/award () 17. Profit sharing plans () 18. Pension plans (indicate employee contribution and date plan vests) () 19. Retirement plans, Individual Retirement Accounts () 20. Disability payments () 21. Litigation claims (matured and unmatured) () 22. Military/V.A. benefits () 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) () 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Number of Prooerty Names of all Owners Date of Acquisition 1. 1094 Celeste Drive Husband & Wife (Home has no Shippensburg, PA 17257 equity due to second mortgage). 2. Life Insurance Husband & Wife (Wife had policy started at age 18; cash value is $3,000.00; she recently had to borrow $2,200.00 against the policy to insure the payment of the American General second Mortgage). 3. Furnishings Husband & Wife See attached list 4. 1993 Oldsmobile Husband & Wife NON-MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest which is claimed to be excluded from marital property: Item Description Names of Date of Number of Property all Owners Acquisition See attached list PROPERTY TRANSFERRED Defendant lists all property in which either or both spouses had a legal or equitable interest individually or with any other person and which has been transferred within the preceding three years: Item Description Names of Date of Date of Number of Property all Owners Acquisition Transfer None LIABILITIES OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED (X) 1. Mortgages () 2. Judgments () 3. Liens () 4. Other Secured Liabilities UNSECURED () 5. Credit card balance () 6. Purchases (X) 7. Loan payments () 8. Notes payable () 9. Other Unsecured Liabilities CONTINGENT OR DEFERRED 10 11 12 13 14 15 Contracts or Agreements Promissory Notes Lawsuits Options Taxes Other contingent or deferred liabilities -- __ . I" LIABILITIES Defendant lists all liabilities of either or both spouses alone or with any person as of the date this action was commenced: Item Description Names of All Names of all Number of Liability Creditors Debtors 1. First mortgage Wells Fargo Husband & Wife 2. Second mortgage American General Finance Husband & Wife Item Date Liability Amount of Liability on Date: Number was incurred Incurred Action was Commenced 1. 1998 $76,000.00 $75,000.00 2. 1998 $17,876.00 $10,251.00 Item Date Periodic Number Balance is Due Payment and Amount 1. $74,000.00 $655.00 2. $8,800.00 $214.00 rlo.dirldomesticlyost. inv '400-8-2031. 33:03- 7R3:9 71753?T 31 K1TC-- HEN DIMS Stove $ 10.00 Refrigerator S 10.00 (was leaving both in house what sold) Microwave $20.00 Microwave Stand $ 1.00 Table & 2 Chairs $10.00 All Table Settings S 5.00 (glasses, cups, bowls, plates, utensils) SMO Kitchen Appliances S 5.00 (hand-mixer, blender, toaster, crock-pot, tan opener) Pots, pans, bake-ware S 5.00 Bowls (mixing, storage) S 3.00 PINING ROOM China Hutch S75.00 Table & 6 Chairs $25.00 Dishes in China Hutch S 10.00 Computer/Printer 520.00 Computer Chair S 5.00 LIVING ROOM Sofa $75.00 Recline' $25.00 Coffee & End Table $15.00 Floor [amp S 5.00 DEN1S_ 'E'S BFDRGQM Bed/frame $50.00 2 Lamps $ 5.00 COREY'S BEDROOM Bed S 10.00 2lamps S 3.00 TV $25.00 Nintendo $ 20.00 Dresser S 5.00 Storage Shelf $ 3 00 KYLE'S BEDROOM Dresser $ 5.00 T Chest Round Table 3 1.00 Lamp $ 2.00 O• TO: 29?5755 P: 5'5 M=EAjMLUj ALL Wall Hangings S30 00 Computer Table, Phone Table . , Filing Cabinet, Storage Shelf $20.00 lron/Irooing Board S 3 00 CD Player . $25 00 Air Conditioner . $25,00 Washer/Dryar Bought Coffee Maker Bought Kyle's Bed/Changing Table Borrowed Television Borrowed Denise's DresserflXm era Mine from Childhood In the Court of Common Pleas of County, Pennsylvania Phone: Fax: Plaintiff Name: Defendant Name: Docket Number. PACSES Case Number: Other State ID Number: !fete now AN eorrapadun MW Yraa k the PACSES Gut Xmbw. THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a busircu of which you are owner in whole or part, you must also fill out the Supplemental Income Statement which appears on the last page of this irtcome and expertse satemeot.) INCOME STATEMENT OF I verify that the staM^v-^K made in this Income and Eapem Statement are true and correct. I understand that se stattsaenu herein are: subject to the criminal penalti fal es o 8 Pa C.S. 14904. relying to WWROM falsification m audwfces. I61°/ t Due miff or De INCOME: /? . I .. . 1 . A Address r\J UN?- I --Y- Jj P12S?l.f?"A '1'l1 t vs -/ Type of wort (?y'J1f-C , Payroll No. limas Pay per Pay Period $5Wr V Pay Period (wkly.. bi-wkly.. etc.) bf7Wk Itemized Payroll Deductions: a Federal Withholding S?7 ?J Social Security J7.49 Local Wage Tax State Income Tax S Retirernem S Savings Bonds S Credit Union $ Life Insurance $ - Health Insurance S Other Deductions (specify) 1' WIi 64--L S?'• Q S Net Pay per Pay Period $ bf Service Type Form IN-008 Worker ID PACSES Case Number OTHER INCOME (Fill in Appropriate Column) WEEK MONTH YEAR In:c S S Dividends Pension Annuity Social Security Rears Royalties Expense Account Gifts Unemployment Compensation Workmen's Coition IRS Refund j O 0 other (,,,?, co Other TOTAL $ S S TOTAL INCOME S Income and Expense Statement (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent S S S Maintenance Utilities Electric (avgLw Gas Oil Telephone Service Type Page 2 of 6 Form IN-008 Worker ID Itrcnme and ExPense Statement 4 PACSES Cax Number EXPENSES (continued) Water Sewer Employrnew PublicTrang*rtation Lunch WEEK S $ (Fill in Appropriate Colurrui) MONTH S . J b 00 S YEAR S $ Taxes Real Estate Personal Property Income S S S ?aP.?O S l ?! • ?v G Insurance Homeowners Automobile $ S O S ?•? ,U? Life ?•b Accident Health Other Automobile payments S S Fuel JD 'DC) Repairs Medical Doctor E S Dentist Orthodontist Service Type Page 3 of 6 Form IN-008 Worker ID ?/ Income and Expense Statement PACSES Case Mumher EXPENSES (Fill iu Apprupriaic Cultnnn) (continued) 11'EEI: \IOtii'H YEAR Hospital Medicine Special needs (glasses. braces' onhopedic I devices) va 3o Education . Private School S S S Parochial School College Religious Personal Clothing $ S Food 0o Barber/Hairdresser q 0 J, v0 7Y Credit Payments: Credit Card Charge Account Memberships Loans Credit Union S S c C?1 d l . ar, Miscellaneous -- Hnusehold Help S S Child Care 0 Papers/Books/Magazine Entenainmem Pay TV ?O Vacation ---- Service Typc Pap,- 4 ill 6 Fonu MOOS Wnrixr ID Incimk and Bxperae Statement PACSES Case Number EXPENSES (Fill in Apptupriate Column) (continued) WEEK MONTH YEAR Gifts Legal Fees Charitahle Co6budons Other Child Support Alimony Pays eam Other S S S TOTAL EXPENSES IS S e PROPERTY Ownership • OWNED DESCRIPTION VALUE H W J Checking Accouns S Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL $ INSURANCE COMPANY POLICY COTeage • H W C Hospital Blue Cross GGl- Other Mediew Blue Shield Lu- ` Oth 7 • 4 . ullltl.Jlllr w _ W:C ? /? !??_L!__? • / - v?mwuw I -/V4ll Page 5 of 6 Form IN-008 Service Type Worker ID s.+ M Income and E.xPowe Statement INSURANCE Health/Accident Disability income Dental MP H - Husband COMPANY Wife C - Combined J - Joint SunolementalIncome tatement PACSES Case Numher LC oreraxe POLICY I H W C a. This form is to be filled out by a person 1) who operates a business or practices a profession, or 2) ) who is a member of a partnershipp or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: 1) the most recent Federal Income Tax Return, and 2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (check one) - (1) partnership (2) joint venture .- (3) profession .- (4) closed corporation - (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) a (3) L' (4) Service Type Gross income per pay period: Net income per pay period: Specified deductions, if any: Page 6 of 6 Form IN-W8 Worker ID J Income and Expense Statement INSURANCE COMPANY POLICY / Coverage H w C Health/Accident Disability Income Dental uk? Other - " uc %- - k-omomcu t - joint Supplemental Income Statement a. This form is to be filled out by a person I) who operates a business or practices a profession, or ?2) who is a member of a partnership or point venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (1) the most recent Federal Income Tax Return, and 2) the most recent Profit and Loss Statement C. Name of business: Address and telephone number: d. Nature of business (check one) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) ther e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: z r i PACSES Cast Numher (3) Net income per pay period: (4) Specified deductions, if any: Service Type Page 6 of 6 Form IN-008 Worker ID Kelley Blue Book Used Car Values z4fty Dim S"k kbb.cOm - guiding the car buyer i New Car Pricing Build a Car Incentives My Car's value Used Car Retail Buy A New Car Buy a Used Car Sell Your Car Motorcycles Financing Insurance Lemon Check Warranties Atcesories Car Reviews Car Prevlervs Decision Guides Advice About kbb Home Engine: V6 3.1 Liter Trans: Automatic Drive: Front Wheel Drive Mileage: 137,000 Equipment Insurance ouot Warranty ouo PA!m_ent Calculator wysiwyg://7Antp://www.kbb.cam/kb/...e;1993%20Cutlass%2OSupremc&9;OL;H4 Air Conditioning Power Steering Power Windows Power Door Locks I oft Fair "Fair" condition means that the vehicle probably has some mechanical or cosmetic defects, but is still in safe running condition. The paint, body and/or interior need work to be performed by a professional in order to be sold. The tires need to be replaced. There may be some repairable rust damage. The value of cars in this category may vary widely. A clean title history Is assumed. Even after significant reconditioning this vehicle may not qualify for the Blue Book Suggested Retail value. Consumer Rated Condition: $1,226 Trade-in value represents what you might expect to receive from a dealer for this consumer owned vehicle. Keep in mind that the dealer must then absorb the cost of making the vehicle ready for sale, advertising, sales commissions, arranging financing and insurance and standing behind the vehicle for any mechanical or safety problems. Trade-In Value t._ '.GLUE BOOK VALUE FEEDBACK Tilt Wheel Cruise Control AM/FM Stereo Cassette 13 DVY aNew car Buy a Used Car List Your Car For al online Financi_ na ouote 10/30/2001 5:02 PM uicx on the Image above to visit this advertiser 1993 Oldsmobile Cutlass Supreme S Sedan 4D Kelley Blue Book Used Car Values wysi%vyg://7/littp://www.kbb.com/kb/...e;1993%20Cutiass%2OSupreme&9;OL;H4 Get a Private Party Val Get InvOi -__S- & M.S?RP on New -.? Copyright © 2001 by Kelley Blue Book Co., All Rights Reserved. Sep-Oct 2001 Edition. The Information in this report was printed from the Kelley Blue Book Web site (www.kbb.com) and Is intended for the personal use of the customer only and may not be sold or transmitted to another party. We assume no responsibility for errors or omissions.(v,01091) 2of2 10/30/20015:02 PM AMERICkN DATE FINANCE CHARGE BEGINS TO ACCRUE GENERAL FINANCE IF DIFFERENT FROM DATE OF NOTE 01/05/99 RAY A YOST AMERICAN GENERAL FINANCE INC DENISE L YOST 777 WAYNE AVE 1094 CELESTE DR CHAMBERSBURG, PA 17201-2435 SIIIPPENSBURG, PA 17 257 Dale of Note First Payment Other Payments Final Payment Amount of First Amount of Monthly Total Number Term of Due Dale Due on Same Due Data Payment Payment of Payments Loan in Date of Each Months 12/30/98 02/05/99 Month. 01/05/06 5 212.81 s 212.81 84 84 ITEMIZATION OF AMOUNT FINANCED 1.SNONE Piemiwnto Life Insurance Co. (Joint Covmsge) e. Appraiser for Appraisal Foo SNONE PAIDTO 2. s11. lE- Premium to Ude Insurance Co. (Single Coverage) 10. Attorney Fees $NONE _,_pAlD to 3. SNS2N.E_--- Remiarn to Disability Insurance Co. (Joint Coverage) 11. Title Ernm Foe S 390.00 PAID ToDATA SEARCII 43INDIE.Premmmlo, Disability lnsuianco Co.(Smgro Govmage) 12.7 aegis Paid to Uov 1. Agoh,y sNONE_ S. SNOb$ Premium to Property Insurance Co. NONE 13. Paid on Pi lot Account will. Lender $ 483.88 Premium to Involuntary Amour ofCwaraga 14. Amount Paid to you or on your $ _95142 6. SN4NE Unemployment Insurance Co. behalf itemized balaw --? 7.sNONE Paid to PubecOfficials lot Certificate of Title Fees 15.99 %n reed note of Charge s3.0.3.011-TOPE 63426.82 ASSOCIATES SOCIATES 8.$ 15 . SO Poll to Olee for Recording and d Releasing Foes As 312 . 00 Prepaid FIM14CC CMRGe s 2,91-,10 -$.FtA$,$ a Bs NONE Brokers Foe Prepaid FINANCE CHARGE $631.55_ AGF CARLISLE ts.f 10405_50A-unt Financed (Sum of linos 1 Ihru id) (paid to ) s173.00 -BON TON _ 16.5 7470.54 FINANCE CHARGE 311 Os 7158.541nteresl 5333.00 _FASN BUG 17. 17.03 % ANNUAL PERCENTAGE RATE s------ -- -- 16.5 17876. 0404 Totalol Payments 10s 10717.50 PrincipalAmountol Loan(15vIGA.IGB) S_ S NOTE 5----- --- SECONDARY MORTGAGE LOAN S 1630.64- YOU ---- This agreement Is subject to the provisions of the Secondary Mortgage Loan Act In this Note, the words, "you", "yours" and "your" mean each and all of those who signed it as Borrower. The words we, us and our mean Lender (Creditor). APPLICATION FEE: We may make an Application Fee as provided in the Pennsylvania Secondary Mortgage Loan Act which is an earned charge and will not be refunded. PROMISE TO PAY: You promise to pay us the Principal Amount of Loan shown above with interest thereon at the Agreed Rate of Charge. TIME OF The first payment shall be due on the date indicated above and the following payments shall be due on the same REPAYMENT: day of each succeeding month to and including the Final Payment Due Date. PAYMENT: When we receive a payment on the loan, we will apr ly it first to NSF Check Charges and Late Charges, then to the accrued but unpaid interest then to the Principal Balance. You may make payment in advance of a scheduled date in any amount at any time without penally. DEMAND FEATURE: ? If checked, on or after 60 months from from the dale of this loan we can demand the full balance and you will (Available only if have to pay the principal amount of the loan and all unpaid interest accrued to the day we make the demand. If term of loan is 60 we elect to exercise this option you will be given written notice of election at least 90 days before payment in full is months or more.) due. If you fail to pay, we will have the right to exercise any rights permitted under the Note, Mortgage or Deed of Trust that secures this loan. LATE CHARGE: If your payment is more than 15 days late, you will be charged a late charge of the greater of $ 21. 28 or 10% ofthe amount past due. COLLECTION COSTS: 11 you don't make any payment when it is due, you will pay us reasonable attomeys' fees which we spend in the collection of the delinquent loan, and any court costs and fees actually incurred in the collection of the loan. DELAY IN We may accept late payment or partial payments even though marked "payment in full", without losing any of our ENFORCEMENT: rights under this Note. We may delay enforcing any of our rights under this Note without losing them. We don't have to notify you that this Note hasn't been paid. We may change the terms of payment and release any security without notifying you and without releasing you from responsibility of this Note. ENTIRE BALANCE If you don't pay a monthly installment on the day it is due, or if you fail to fulfill your obligations under any Security DUE ON DEFAULT: Agreement or Mortgage you have given, you will be in default on your loan. If you are in default, we may if we wish require that you pay the entire principal balance plus accrued charges, provided, however, that any notice requirements or otherlegal precedents have been complied with. INTERESTAFTER FINAL It there is any unpaid balance remaining on the Final Payment Due Date you agree to pay interest on that balance PAYMENT DUE DATE: at the rates set forth. NSF CHECK CHARGE: In the event that you make a payment under this Note by check and your check is returned to us unpaid as a result of non-sufficient funds in your depository account, you agree to pay an NSF check charge which may not exceed $20,_QQ. SIGNATURE: You have signed this Note on the Date of Note in the presence of the person(s) identifying themselves below as INCOME AND EXPENSES OF RAYMOND A. YOST INCOME NET MONTHLY INCOME $ 2,572.20 LESS CHILD AND SPOUSAL SUPPORT 1,191.00 MONTHLY INCOME AVAILABLE TO RESPONDENT 1,381.00 EXPENSES TRUCK PAYMENT RENT 329.26 ELECTRIC 265.00 TELEPHONE 60.00 CABLE 18.00 CARINSURANCE 17.00 GROCERIES 50.00 VACATION 150.00 ENTERTAINMENT 40.00 CREDIT CARDS 100.00 GAS 25.00 TRUCK REGISTRATION 50.00 ATTORNEYS FEES 5.00 85.00 TOTAL 1,194.26 NOV 1 9 RAY A. YOST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL DIVISION - LAW DENISE L. YOST, NO. 99-4144 CIVIL DIVISION Defendant IN DIVORCE DEFENDANT'S PRE-HEARING MEMORANDUM The Defendant and Plaintiff separated and the Defendant remained in the marital home with the two children. 2. This is an uncomplicated case with the only assets consisting of some furnishings, motor vehicles and retirement plan through the Plaintiff's employment. The only complicating factor is a second mortgage with American General Finance against the marital home. The Defendant wants to list the home but anticipates that there is no money available to pay the second mortgage. She is requesting that the Plaintiff be ordered to pay any balance on that mortgage. Respectfully submitted, O'BRIEN, BARIC & SCHERER t By: Robert L. O'Brien, Esquire Attorney for Defendant I. D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.d i dd om esti dyost. stm NOV 2 0 RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW : NO. 99-4144 CIVILTERM DENISE L. YOST, Defendant : IN DIVORCE PLAINTIFF'S PRE-TRIAL MEMORANDUM I-BACKGROUND The parties hereto were married on February 14, 1987 and separated on April 7, 1999. Husband is Ray A. Yost, born May 3, 1967, and Wife is Denise L. Yost born September 27, 1968. The parties have two minor children who reside with Wife. Wife resides in the marital home. Subsequent to separation, the parties filed a Chapter 7 Bankruptcy to discharge a large portion of their debt. Husband is employed by PPG Industries, and Wife is employed by CV Networking Services. II - PRE-TRIAL STATEMENT SAIDIS 1. ASSETS: SHUFF, FLOWER & LINDSAY ATrORMRYS-AT-LAW A. Marital Home - The marital home was purchased in 1995 for 26 W. High Street Carlisle, PA $79,900.00. It apparently has a value of approximately $80,000.00 with liens of $74,852.00 and $7,000.00 approximately. Unfortunately, the parties reaffirmed the second mortgage on the house and therefore would be personally obligated in the event of a default. The parties would like to sell the house and a significant issue is how they can do so when it is so encumbered. B. Vehicles - Husband drives a 1998 Ford Ranger worth $12,602.00 with a payoff of $7,813.00 for equity of $4,789.00. Wife drives a 1993 Cutlass Supreme with a value of $3,990.00. The car is unencumbered, although the obligation for the Cutlass Supreme is included in the second mortgage on the house. A copy of the Kelly Blue Book value substantiating the value is attached hereto. C. Accounts in Banks - The joint checking account at M & T was closed and the contents satisfactorily divided. D. Life Insurance - During the period of separation, Husband cashed in his John Hancock Life Insurance Company policy retaining $4,418.35. Wife has a life insurance policy with Prudential, the value of which Husband does not know. SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AnuW 26 W. Illgh Street Carlisle. PA E. Retirement Benefits - Husband has a PPG Savings Plan with a value of $13,452.82. He has provided pension information to Wife's counsel, but no appraisal has yet been done of the pension and it is anticipated it will be divided by the deferred distribution method. Husband had a balance on a loan against the Savings Plan of $440.80 at the time of separation. Wife avers she has no retirement benefits. F. Household Goods - A list of household goods is attached hereto as Exhibit "A". If a satisfactory resolution cannot be reached, Husband reserves the right to have the marital property appraised. 2. WITNESSES: A. The only expert witnesses which might be necessary are pension appraisers or real estate appraisers, neither of which Husband has retained at this point, but he reserves the right to do so if necessary. B. Husband will call himself as a lay witness and reserves the right to call other lay witnesses as shall be determined after the pre- trial conference. 3. EXHIBITS: A. The exhibits attached to this statement will be introduced as evidence. Husband reserves the right to introduce other statements, so long as he provides them in advance to Wife. SAIDIS SHUFF, FLOWER & LINDSAY ATMRNCYS-AT•IAW 26 W. High Street Carlisle, PA 4. INCOME: Husband is employed at PPG Industries, and a copy of his pay stub through September, 2001, is attached hereto. Also attached is a calculation of his net monthly income, his child and spousal support obligation, and the income available to him at the present time after payment of those obligations. 5. EXPENSES: A partial list of Husband's expenses is attached hereto as well. Prior to the hearing, Husband will prepare and provide to counsel an income and expense statement which completes the list of expenses attached hereto. 6. PENSION OR RETIREMENT BENEFITS: Pension or retirement benefits have been addressed above in the asset list, 7. COUNSEL FEES: Wife is seeking counsel fees. Husband seeks counsel fees as well to the extent that the present litigation is occasioned by no response to an offer of settlement made in June, 2001. It is Wife's position that there is only one acceptable settlement, that contained in an offer of settlement of January, 2001. In short, there is no negotiation. If this matter proceeds to litigation, an itemized statement of counsel fees will be provided SAIDIS SHUFF, FLOWER & LINDSAY A770RNEYPANAW 26 W. Filgh Street Carlisle, PA in advance of the hearing. 8. TANGIBLE PERSONAL PROPERTY: Addressed above as an asset. 9. MARITAL DEBT: A. Husband paid approximately $850.00 for a bankruptcy which discharged the parties' marital debt. An exception was the second mortgage on the marital home which was a lien on the real estate. The parties reaffirmed the obligation in addition so that they remain personally reliable for the second mortgage to American General. B. A $1,000.00 obligation to Husband's brother. 10. PROPOSED RESOLUTION: A. Wife may keep the marital home and pay the liens on it. Husband will be responsible for any obligation to his brother and Wife will be responsible for any loan on her life insurance policy. Husband will equally divide the marital portion of the retirement benefits with Wife. B. Each party would retain his or her own motor vehicles and household goods. Respectfully submitted, SAIDIS, SHLkFF, FIAWftl2 & LINDSAY, P.C. 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SNUFF, FLOWER & LINDSAY ATrORNEYS•Ar•uW 26 W. High Street Carlisle, PA RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION - LAW : NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant : IN DIVORCE AND now, this 210 day of 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within PLAINTIFF'S PRE-TRIAL MEMORANDUM this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Robert L. O'Brien, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWE LINDSAY, P.C. Attorneys f r Plai i By: aro J. Lindsay, Esquire RW44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATMRNBYS•AT•IAW 26 W. High Street Carlisle, PA j ? N r V? r O ? 00 Q FFII 6 Srr p 6 f u N Q 3 ?/] S d N N S r w r {t 1 G W LL ILJ y r u 306-32980 306 1 J , PAYROLL STATEMENT PPG INDUSTRIES RAY A YOST 1 RIDGE AVENUE CARLISLE PA 17013 State I Earnings OVER-,!ME HALT' HOURLY OVERTIME HOURLY REC SALARY SHIFT DIFF 3 SHIFT DIF 2 MID MTH SAL ADVANCE OVRTM AT DOUBLE HRLY AWARD PLAN SUPPLEMENTAL CVRTIMEi ADJUSTMENT REG UNPA:D ADJUSTMENT REI SPECIAL PAYMENT SUPP VAC ALLOW Soc.Sec.N=ber 201-58-5,1120 Pay Period 01-SEP-2001 to 30-SEP-2001 [ours) Current Y-T-D ' 8.00 66. 39 921 .27 F 16.00 394. 53 2242 .89 M. 2838. 00 22621 .00 SS 16. 80 132 . CC SI 14. UU 110 .:10 CI 4000. 00 CC 263. 12 ADV q 1008. 00 MED .15. 53 13RE4 -275. 50 SAVINGS PLAN LOA.N1 -127. 16 SAVINGS PLAN LOAN2 951. 76 SPOUSAL SUPPORT 225. 00 SPOUSAL SUPPORT FE i I I MISC DEDUCT:CN A 56.00 85.00 61.92 1191.59 5.00 .88 83 18 1'64 .LC .00 .00 .00 441.00 680.00 495.36 9301.42 40. C0 30.05 Gross Cash 3329 .72 32017 .90 ?e ?e ral Taxable C?ossj 32:8.721 27136.901 Pre-Tax DeducticnsI 11_ .00 99' .70 Ta:: Deductions 853 .18 7294. 73 drat= 'taxable Cross 3274.72. 27577.90 her Deducc:ons 1 :d43. 6': 1546. 93 -:CA Taxahle Gross 3274.721 27577.90 NET PAY f 515. 93 9295. 34 Bond Balance Your net pay will be distributed into the following account(s): Amount PLAINTIFFS Account Type Account Number Bank Name EXHIBIT .551_5.93 Check_ng Account 374,,530'_32 M Baak This deposit becomes available for withdrawal from your account(s) on: 28-SEP-2001 306-32980 306 AM ft'qft PAYROLL STATEMENT ANT PPG INDUSTRIES RAY A YOST I RIDGE AVENUE CARLISLE PA 17013 Soc.See.Number 201-58-5420 Pay Period 01-SEP-2001 to 30-SEP-2001 Allowance Federal: 1 State (PA): 0 Withholding Status Single Single Earnings Hours Current Y-T-D Deductions Current Y-T-D OVERTIME HALF HOURLY 8.00 66.39 921.27 FIT 483.68 4122.64 OVERTIME HOURLY 16.00 394.53 2242.68 MEDICARE 47.48 399.88 REG SALARY 2838.00 22621.00 SS 203.03 1709.83 SHIFT DIFF 3 16.80 132.00 SIT(PA) 91.69 772.18 SHIFT RIFF 2 14.OU 110.UU CITY (SOUTH MIDDLE 33.30 280.20 MID MTH SAL ADVANCE 4000.00 OCCUPATION TAX 10.00 OVRTM AT DOUBLE HRLY 263.12 ADVANCE PAYBACK 500.00 4000.00 AWARD PLAN 1008.00 MEDICAL INS PRETAX 55.00 440.00 SUPPLEMENTAL OVRTIME 45.53 PRETAX 401K 56.00 441.00 ADJUSTMENT REG -275.50 SAVINGS PLAN LOAN1 85.00 680.00 UNPAID ADJUSTMENT RE -127.16 SAVINGS PLAN LOAN2 61.92 495.36 SPECIAL PAYMENT 851.76 SPOUSAL SUPPORT 1191.69 9301.42 SUPP VAC ALLOW 225.00 SPOUSAL SUPPORT FE 5.00 40.00 MISC DEDUCTION 30.05 Description Current PAY Y-T-D SUMMARY Description Current Y-T-D Gross Cash 3329. 72 32017. 90 Federal Taxable Gross I 3218.72 27136.90 ( Pre-Tax Deductions 111. 00 881. 00 Tax Deductions 859. 18 7294. 73 State Taxable Gross 3274.72 27577.90 Other Deductions 1843. 61 14546. 83 FICA Taxable Gross 3274.72 27577.90 NET PAY 515. 93 9295. 34 Bond Balance Your net pay will be distributed into the following account(s): PLAINTIFFS Amount Account Type Account Number Bank Name EXHIBIT $515.93 Checking Account 3740580182 M & T Bank This deposit becomes available for withdrawal from your account(s) on: 28-SEP-2001 M INCOME AND EXPENSES OF RAYMOND 4 POST INCOME NET MONTHLY INCOME $ 2,572.20 LESS CHILD AND SPOUSAL SUPPORT 1,191.00 MONTHLY INCOME AVAILABLE TO RESPONDENT 1,381.00 EXPENSES TRUCKPAYMENT RENT 329.26 ELECTRIC 265.00 TELEPHONE 60.00 CABLE 18.00 CAR INSURANCE 17.00 GROCERIES 50.00 VACATION 150.00 ENTERTAINMENT 40.00 CREDIT CARDS 100.00 GAS 25.00 TRUCK REGISTRATION 50.00 ATTORNEYS FEES 5.00 85.00 TOTAL 1,194.26 In the Court of Common Pleas of County, Pennsylvania Phone: Plaintiff Name: Defendant Name: Docket Number: PACSES Case Number: Other State ID Number: Fait: Please MCI An corresp0011ME mug ioctude the PACSFS Case xa mber. THIS FORM MUST BE FILLED OUT (If you are self-employed or if you are salaried by a business of which you are owner in whole or part. you must also fill out the Supplemental Income Statement which appears on the last page of this income and expense statement.) INCOME STATEMENT OF i I verify that the statements made in this Income and Expense Statement ate true and correct. I understand that false statements herein are subject to the crimini d penalties o f48 Pa. C.S. § 4904, rel. tdng to unworn falsifica 'nn to audtorities. Ib101ol Date aintifforDefe .. INCOME: Emtpioyt Address Type of Work M-fiLc n Payroll No. Gross Pay per Pay Period ss? lf3 r Pay Period (wkly., bi-wkly., etc.) IJ) -W ?L((J Itemized Payroll Deductions: UA1 Federal Withholding $?7.l6 Social Security J7`a9 Local Wage Tax Ss b State Income Tax S A& SP Retirement $ - Savings Boots $ Credit Union $ - Life Insurance $ - Health Insurance - $ Otter Deductions (specify) rYVA ca,-f- Sg" 17, S Net Pay per Pay Period S _ q-< Service Type Form IN-008 Worker ID Income and Expense Statement PACSES Case Numher OTHER INCOME (Fill in Appropriate Column) WEEK MONTH YEAR Interest $ E $ Dividends Pension Annuity Social Security Rents Royalties Expense Account Gifts Unemployment Compensation Workmen's Compensation IRS Refund 00 Othe . 40 Other TOTAL ; I s $ TOTAL INCOME, f r (Fill in Appropriate Column) EXPENSES WEEK MONTH YEAR Home Mortgage/Rent $ S j ' $ Maintenance Utilities Electric *,c,, Q (![v Gas Oil Telephone Service Type Page 2 of 6 Form IN-008 Worker ID Inw:nme and Expense Statement PACSES Case Number (Fill in Appropriate Column) EXPENSES (continued) WEEK MONTH YEAR Water $ S v $ Sewer . Jd lh?b E& 00 Employment Public Transportation S $ S Lurch Taxes Real Estate $ $ d S p ?P,?o S Personal Property Income Imurance Homeowners S S S Automobile S , (7 O Life .00 Accident Health Other Automobile Payments $ S Fuel .20 ,(Dp Repairs Medical Doctor S $ Dentist Orthodontist Service Type Page 3 of 6 Form IN-008 Worker ID a) Income and Expense Statement EXPENSES (continued) Hospital Medicine Special needs (glasses. I braces, onhopedie devices) Education Private School g Parochial School College PACSES Case Number (Fill in Appropriate Column) WEEK MONTH YEAR `??Oc7 . Jo g S Personal Clothing g S Food ^A ?U Barber/Hairdresser V ov, vo Credit Payments: Credit Card Charge Account Memberships Loans Credit Union LLSD? S '?66 c ?CGYI 7trV IF (-31 /r• 00 Aiisccllancout - Hnusehold Help c ? - 5 Child Care 0 PaPers/Books/Magazine Entenainment Pay TV C 3, ?o Vacation Pag": i of 6 Form IN-OOS Service Type Worker ID Imunie and Expense Statement PACSES Caw Number EXPENSES (Fill in AFP pn (continued) WEEK Gifts Legal Fees Charitable Coruributions ffi Other Child Support Alimony Payments Other s s TOTAL EXPENSES S ; s PROPERTY Ovrttershi • P VALUE OWNED H W J Choking Accounts $ Savings Accounts Credit Union Stocks/Bonds Real Estate Other TOTAL 3 INSURANCE COMPANY POLICY Coverage • H W C Hospital Blue Cross I C0.- Other Medical Blue Shield t l? Other / - n - nusoano w - wire u - uombmed J - Joint Service Type Page 5 of 6 Form IN-008 Worker ED ..* Income and Expcie a Statement PACSES Case Numher Coverage INSURANCE COMPANY POLICY / H W C Health/Accident Disability Income Dental U Other n- rtusbane W- Wife r- Comwneo 1- Joint Supplemental Income Statement N (1) who operates a business or practices a profession, or (2) who is a member of a partnership or joint venture, or (3) who is a shareholder in and is salaried by a closed corporation or similar entity. b. Attach to this statement a copy of the following documents relating to the partnership, joint venture, business, profession, corporation or similar entity: (2) ththe e most recent Profit and Income Tax Loss Statement n, and c. Name of business: a. This form is to be filled out by a person Address and telephone number: d. Nature of business (check one) (1) partnership (2) joint venture (3) profession (4) closed corporation (5) other e. Name of accountant, controller or other person in charge of financial records: f. Annual income from business: (1) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Service Type Specified deductions, if any: Page 6 of 6 Form IN-008 Worker ID r 0, mi, f r 0,.rlm•nl M N. Tnuury • Inbm.l R•venu. seMC. 1040 U.S. Individual Income Tax Return 2000 ;, ,, Your first name M.I. Lest name Suffix Your soclal security no. paa.lp.) DENISE' L YOST 171.54.8797 Use the If a joint return, spouse's first name M.I. Last name Suffix spouses social security no. IRS label. othar• Home address (number and street). If you have a P. O. box, see page 19. Apt, no. IM OR q wfr-w wise, 1094 CELESTE DRIVE You MUST enter please p dnl or City, town or post office Stale ZIP code Your SSN(s) above. type. SHIPPENSBURG PA 17257 Presidential ' NOTE. Checking "Yes" will not change your tax or reduce your refund. You Spouse Election Campaign Do you, or your spouse if filing a joint return, want $3 to go to this fund? ??Yes ?X No El Yen 0No 1 Single Filing 2 Married filing joint return (even if only one had income) First name: Last name: Status 3 Mauled filing separate return. Enter spouse's SSN above and full name here. ? 4 X Head of household (with qualifying person). (See page 19.) If the qualifying person is a child but not your Check only dependent, enter this child's name here. ? SSN: Exemptions If more than she dependents, see page 20. 6a UYourself. If your parent (or someone else) can claim you as a dependent on his or her tax return, DO NOT check box 6a. . . . . . . . It []Spouse. ............................... c (3) Dependent's tit on 6a and 6b 1 No. of your children Dependents: 1 First name Last name (2) Dependent's social security number relationship to you e qual. dying child for spud mcr.da COREY MICHA YOST 180-70-9364 Son KYLE MATTHE YOST 177-78-6054 Son No. of boxes checked on 6c who •IMd Wth you • did not lM with you due to dhorco or.eparaeon Dependents on Sc not entered above Add numbers entered on d Total number of exemptions claimed . . . . . . . . . . . . . . . . lines above ? Income 7 Wages, salaries, tips, etc. Attach Form(s) W-2 . . . . . . . . . . . . . . . 7 12 8a TAXABLE interest. Attach Schedule 8 if required . . . . . . . . 8a Attach W-2 b TAX-EXEMPT interest. DO NOT include on line 8a . . . 8b T andw•2G here. 9 Ordinary dividends. Attach Schedule B if required . . . . . . . . . . . . . . 9 Also attach Form(s) 10 Taxable refunds, credits, or offsets of state and local income taxes (see page 22) ' . 10 109" if tax was withheld. 11 Alimony received . . . . . . . . . . . . . . . . . . . . . . . . 11 3 12 Business income or (loss). Attach Schedule C or C-EZ . . . . . . . . 12 ayoudidretaeta 13 Capital gain or (loss). Attach Sch. D if required. If not required, check here ?[] 13 w-z s.. pass 21. 14 Other gains or (losses). Attach Form 4797 . . . . . . . . . . . . 14 _ 15a Total IRA distributions . . . 15a to Taxable amount . . . . t5b 16a Total pensions and annuities . . 16a to Taxable amount . . . . 16b 17 Rental real estate, royalties, partnerships, S corporations, trusts, etc. Attach Schedule E . . . . 17 18 Farm income or (loss). Attach Schedule F . . . . . . . . . . . . . . . . . 18 Enloe.. but do 19 Unemployment compensation . . . . . . . . . . . . . . 19 M.each, any 20a Social security benefits . . . I20al I I b Taxable amount . . . . 201p paym.nr. Also. 21 Other income. List type and amount (see page 25) a+s. u.. 5 21 2 3 23 IRA deduction (see page 27) . . . . . . . . . . . . . 23 Adjusted 24 Student loan interest deduction (see page 27) . . . . . . . 24 Gross 25 Medical savings account deduction. Attach Form 8853 . 25 Income 26 Moving expenses. Attach Form 3903 . . . . . . . . . . 26 27 One-half of self-employment tax. Attach Schedule SE . . . 27 28 Self-employed health insurance deduction (see page 29) . . 28 29 Self-employed SEP, SIMPLE, and qualified plans . . . . . 29 30 Penalty on early withdrawal of savings . . . . . . . . . 30 31a Alimony paid b Recipient's SSN ? 31a 32 Add lines 23 through 31a . . . . . . . . . . . . . . . . . . . . . . 32 33 Subtract line 32 from line 22. This Is our ADJUSTED GROSS I NCOME . 93 1e 299 For Disclosure. Privacv Act. and Paperwork Reduction Act Notice, see page Ss, MTA) Form 1040 (2000) A0.122000) DENISE L YOST 171. 0,;?cal)"? ex and 34 Amount from line 33 (adjusted gross income) - ;'l 4'''; ??"•? ;F?'?: "')l- " q ' Cledits 35a Check It: YOU were 65 or older, ? ?Blind; ?SPOUSE wa05aoker, ?81nd. . Add the number of boxes checked above and enter the total here ? 35a .. b If you are married riling separately and your spouse Itemizes deductions, - Standard or you were a dual-status alien, see page 31 and check here . . . . . . . . . .. ? 35b ? Deduction 36 Enter your ITEMIZED DEDUCTIONS from Schedule A. Una 28, OR STANDARD DEDUCTION for Most shown on the left. BUT see page 31 to rind your standard dedwtlon If you .o People checked any box on line 35a or 35b OR If someone can claim you as a dependent . . . .. . . 36 37 Subtract line 36 from line 34 . • • . • . • 37 $ingle: 38 If line 34 is $96,700 or less, multiply $2,800 by the total number of exemptions claimed on line 6d. If line 34 Is over $96,700, see the worksheet on page 32 for the amount to enter 38 Head of 39 TAXABLE INCOME. Subtract line 38 from line 37. If line 38 Is more than line 3r7? -e?nter-0 .. . . . . . 39 household: 40 TAX (see pg 32). Check if any tax Is from a ? Form(s) 8814 b u Form 4972 . . • 40 $6,450 41 Alternative minimum tax. Attach Form 6251 . . . . . . . . . . . . . . . . . . • 41 42 . . ? . Add lines 40 and 41 42 Married filing jointly or 43 . . . . . . . . Foreign tax credit. Attach Form 1116 If required . . . . . . . 43 y` -4 Qualif in 44 Credit for child and dependent care expenses. Attach Form 2441 . . . . 44 y g 45 }rte widow(er): 45 Credit for the elderly or the disabled. Attach Schedule R . . . ; $7,350 46 Education credits. Attach Form 8863 . . . . . . . . . . . . 46 -, k 47 . . . . . . . . . . . . . Child tax credit (see page 36) 47 216 Married filing . . . ' separately: 48 Adoption credit. Attach Form 8839 . . . . . . . 48 , N $3,675 49 Other. Check if from a ? Form 3800 b ? Form 8396 `„';; il c ? Form 8801 d ? Form (specify) 49 i. 50 Add lines 43 through 49. These are your TOTAL CREDITS 50' 52 Self-employment tax. AttaCh Schedule St Other 53 Social security and Medicare tax on tip Income not reported to employer. Attach Form 4137 . . . . . . Taxes 64 Tax on IRAs, other retirement plans, and MSAs. Attach Form 5329 If required 55 Advance earned income credit payments from Form(s) W-2 66 Household employment taxes. Attach Schedule H . 58 Federal income tax withheld from Forms W-2 and 1099 . . . 59 2000 estimated tax payments and amount applied from 1999 return . . Oa . . . . . . . rned Income credit (EIC) E 60 b . . . a Nontaxable earned income: amount and type ? ...............................-..................................._......-.... [ 61 Excess social security and RRTA tax withheld (see page 50) . . . 62 Additional child tax credit Attach Form 8812 63 Amount paid with request for extension to file (see pa a 50) . . . 64 Other payments. Check if tram a ? Forth 2439 b Form 4136 Refund 66 If line 65 is more than line 57, subtract line 57 from line 65. This Is the amount you OVERPAID. . . . H. a 67a Amount of line 66 you want REFUNDED TO YOU . . . . . . . . . . dxeeey b Routing number ? e Type:[:] Checking ?Savings d.poaradi s«_p_aw so of Account number , ' " •- ". 89 If aM 57 Is r110fe then line 65, subtract line 65 from Me 57, This is Ufa AMOUNT YOU OWE. Af110Yt1t For detak on how to pay, see page 51 - M YOU CWa , ?n e.x.....w •.,...?..dw. er... I.A. Aw an ins 69 . rd I -- .' owlMssaw see. eeresd.?errd oamplMw Declare } alc I Earned Income Credit or 1040) Qualifying Child Information rn•?w I Complete and attach to Form 1040A or 1040 I Ayu„,rsya ox on return Before you begin: See the Instructions for Form 1040A, lines 38a and 38b, or Form 1040, lines 60a and 80b, to make sure that (1) you can take the Etc and (2) you have a qualifying child. • If you take the EIC even though you are not eligible, you may not be allowed to take the CAUTION: credit for up to 10 years. See back of schedule for details. • It will take us longer to process your return and Issue your refund it you do not 811 In all lines that apply for each qualifying child. • Be sure the child's name on line 1 and social security number (SSN) on line 2 agree with the child's social security card. Otherwise, at the time we process your return, we may reduce or disallow your EIC. If the name or SSN on the child's social security card Is not correct, call the Social Security Administration at 1.800-772-1213. Quali in Child Information Child 1 Child 2 First name Last name First name Last ram 1 Child's name If you have more than two qualifying children, you only have to list two to get the maximum credit. COREY MICHAE YOST KYLE MATTHEW YOST 2 Child's SSN The child must have an SSN as dented, on page 43 of the Form 1040A or 1040 inatrudions`unless the child was bornend died in 2000. It your, child was •' born and died In 2000 and ck eat Ope an SSN, enter 1W on 11IM k44M iittaeh a copy of the 1e child's NO cedilflc81le.,kvv4-aV: 180-70.9384 177-78-6054 3 Child's year of birth Year 1989 Year 1998 lfbom arrer 1981, slopines If born error 1981, *pines 4a and 4b; go to ine 5. 4a and 4b; go to ine 5. 4 If the child was born BEFORE 1982- a Was the child under age 24 at the =Yes. =No. =Yes. =No. end of 2000 and a student? Go to line 5. Continue Go to ine 5. Continue b Was the child permanently and totally disabled during any part of 2000? QYes. =No. =Yes. =No. Continue The child is not a Continue The child is not a qualifying child. qualifying child. 5 Child's relationship to you (for example, son, daughter, grandchild, foster child, etc.) Son Son 6 Number of months child lived with you in the United States during 2000 • If the child lived with you for more than half of 2000 but less than 7 months, enter "7". • If the child was born or died in 2000 and your 12 months 12 months home was the child's home for the entire time Do not enter more than 12 months. Do not enter mom than 12 months. he or she was alive during 2000, enter "12". Do you want pan or the tic aoded to your take-home pay in 2001? To see if you qualify, get Form W-5 from vour employ (H1A) 1040A or Paperwork Reduction Act Notice, see s ?/ Law O,Tices O'BRIEN, BARK & SCHERER 17 {Vest South Street Carlisle, Pennsylvania /7013 Robert L. O'Brien David A. Boric Michael A. Scherer November 1, 2001 Denise Yost 1094 Celeste Drive Shippensburg, Pennsylvania 17257 RE: Yost v Yost Dear Denise: (717) 249-6873 Fax (717) 249-5755 E-mail: obs@obslaw.com This letter is to explain what I anticipate the future legal fees to be in preparing for and attending a Divorce Master's hearing. We are required to file certain paperwork outlining matters such as income, expenses and property that was acquired before, during and subsequent to the marriage. I will attend a conference with the Divorce Master to discuss the issues that will be raised and then you and I will attend a formal hearing before the Divorce Master where testimony and exhibits will be presented. I would anticipate that the time expended will approach 7 hours and would therefore, request that you set aside $875.00 in anticipated future costs. In addition I have prepared a bill as to what is currently due on your account in the amount of $308.41. Very truly yours, O'Brien, Banc & Scherer Robert L. O'Brien, Esquire RLO/ Enc Denise Yost 1094 Celeste Dr. Shippensburg, PA 17257 Attention: RE: November 1, 2001 File #: 1174 Inv #: Sample DATE DESCRIPTION HOURS AMOUNT LAWYER Sep-10-01 Telephone conference with Denise 0.20 25.00 RLO Sep-13-01 Office conference with Denise to review 0.30 37.50 RLO petitions. Oct-O1-01 File motions with court. 0.40 50.00 RLO Oct-02-01 Left message in reference to concerns about 0.15 18.75 RLO American General Mortgage. Oct-05-01 Review amended filings by Atty. Lindsay on 0.25 31.25 RLO behalf of Mr. Yost. Oct-08-01 Telephone conference with Denise about 0.15 18.75 RLO motion for appointment of a master. Oct-10-01 Review Motion regarding Master. 0.10 12.50 RLO Oct-12-01 Review and forward order setting hearing on 0.10 12.50 RLO request for interim counsel fees. Oct-17-01 Review information from divorce master and 0.20 25.00 RLO respond. Oct-18-01 Telephone conference with Denise to answer 0.10 12.50 RLO questions about property list and values as well as alimony hearing. Oct-31-01 Office conference with Denise to review for 0.70 87.50 RLO upcoming hearing. Invoice #: Sample Page 2 November 1, 2001 7174 Totals FEE SUMMARY: Lawyer Robert L. O'Brien 2.65 $331.25 Amount $331.25 Hours Effective Rate 2.65 $125.00 Disbursements DISBURSEMENTS Sep-18-01 retainer received Oct-18-01 retainer received Oct-01-01 filing fee Totals Total Fees & Disbursements Previous Balance Previous Payments Balance Due Now 30.00 $30.00 Receipts 30.00 25.00 $55.00 $306.25 $53.89 $51.73 $308.41 I . . . RAY A. YOST, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 - 4144 CIVIL DENISE L. YOST, Defendant IN DIVORCE ORDER OF COURT ' y* i AND NOW, this //? day of , 2002, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated June 5, 2002, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, CC: /Carol J. Lindsay Attorney for Plaintiff /Robert L. O'Brien Attorney for Defendant /M*00-) Geor a E. Hoffer, J. fI ED-0r-1CE.?TAgY CIS 0'L JUII 10 RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER PPG INDUSTRIES INC. RETIREMENT PENSION PLAN AND NOW this. 19* _ day of - t"? f t/., ?P, 2002, the following Qualified Domestic Relations Order is hereby entered as an Order of Court. This Order is entered pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. §3300 at. seq. 1. This Order constitute a "Qualified Domestic Relations OrderU as defined in §404(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The PPG Industries, Inc. Retirement Pension Plan, hereinafter referred to as "Plan". Further, any predecessor or successor to the Plan or any other plans, to which liability for a provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name SAIDIS of the Plan shall not effect Alternate Payee's rights as provided under this Order SHUFF, FLOWER . & LINDSAY Artawers•Aruw 3. Ray A. Yost, Social Security Number 201-58-5420, hereinafter referred 26 W. High Street Carlisle. PA to as "Participant" is a participant in the PPG Industries, Inc. Retirement Pension Plan. 4. Denise L. Yost, Social Security No. 171-54-6797, hereinafter referred to as "Alternate Payee" is the Participant's former spouse. ArQy PE? 11N.6 5. Participant's current and last known mailing address is 58 Ballpark Drive, Gardners, Cumberland County, Pennsylvania 17324. 6. Alternate Payee's date of birth is September 27, 1968. Altemate Payee's current and last known mailing address is 1094 Celeste Drive, Shippensburg, Pennsylvania 17257. 7. From the benefits which would otherwise be payable to the Participant under the Plan, the Alternate Payee shall be entitled to 60% of the Participant's accrued benefit as of such benefit as shall be assigned to and vested in the Alternate Payee upon the earliest of the following dates: (1) Commencement of Participant's benefit; (2) Alternate Payee's election to put her benefit into pay status after Participant's attainment of the earliest retirement date under the Plan; (3) Participant's death after the Participant's attainment of the earliest retirement date under the Plan but prior to the commencement of Participant's or Alternate Payee's benefit; or (4) the termination of the Plan. The Alternate Payee may elect when payment of her assigned benefit shall commence, provided such election does not require payment to be made (1) any earlier than the date on which the Participant attains the earliest retirement date under the Plan or (2) and later than the date on which the Participant attains the normal retirement date under the Plan. The provisions of this paragraph SHUFF [FLOWER shall be null and void and without effect should either of the following events occur & LINDSAY ATrOMYS@ATanW prior to the vesting of Alternate Payee's benefit: (1) the Alternate Payee's death; or (2) 26 W. High Street Carlisle, PA benefits become payable in accordance with Paragraph No. 8 of this Order. 2 8. In the event the Participant dies prior to the date the Participate retires and prior to the date the Alternate Payee's benefits is assigned and vested, the Alternate Payee shall be eligible to receive the Qualified Preretirement Survivor Annuity (QPSA). In such event, the benefit payable to the Alternate Payee shall be calculated based on 60% of the Participant's accrued benefit as of April 1, 1999. The Alternate Payee may elect when payment of the QPSA shall commence, provided such election does not require payment to be made (1) any earlier than the date on which the Participate would have attained the earliest retirement date under the Plan, or (2) any later than the date on which the Participant would have attained the normal retirement date under the Plan. 9. The Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another Order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits (determined on the basis of actuarial value). Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 10. In no event shall the Alternate Payee have any greater rights than those SHUFF AID which are available to the Participant. & LINDSAY ATMANEYS•AMAW 11. The parties shall promptly notify the Plan Administrator of any changes 26 W. High Street Carlisle, PA in their addresses from those set out in this Order. 3 12. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. THE COURT retains jurisdiction to amend this Order as might be necessary to y R}?s Q-6-0a SAIDIS SHUFF, FLOWER & LINDSAY Arronrn:rs•Anuw 26 W. High Street Carlisle, PA establish or maintain its status as a Qualified Domestic Relations Order. CONCURRENCE: By the Court, ? Robert L. O'Brien, Esquire Attorney for Alternate Payee UEG 0 3 2002 0 RAY A. YOST, DENISE L, YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NO. 994144 CIVIL TERM Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER PPG INDUSTRIES. INC. RETIREMENT PENSION PLAN AND NOW this 1 `L day of l? Ec e -7Lcf , 2002, the following Qualified Domestic Relations Order is hereby entered as an Order of Court. This Order is entered pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. §3300 et. seq. 1. This Order constitute a "Qualified Domestic Relations Order " as defined in §404(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The PPG SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, PA Industries, Inc. Retirement Pension Plan, hereinafter referred to as "Plan". Further, any predecessor or successor to the Plan or any other plans, to which liability for a provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not effect Alternate Payee's rights as provided under this Order. 3. Ray A. Yost, Social Security Number 201-58-5420, hereinafter referred to as "Participant' is a participant in the PPG Industries, Inc. Retirement Pension Plan. 4. Denise L. Yost, Social Security No. 171-54-6797, hereinafter referred to as "Alternate Payee" is the Participant's former spouse. i; f (`i Cam; 5. Participant's current and last known mailing address is 58 Ballpark Drive, Gardners, Cumberland County, Pennsylvania 17324. 6. Alternate Payee's date of birth is September 27, 1968. Alternate Payee's current and last known mailing address is 1094 Celeste Drive, Shippensburg, Pennsylvania 17257. 7. From the benefits which would otherwise be payable to the Participant SAIDIS SHUFF, FLOWER & LINDSAY Arrourevs.Ar•uW 26 W. High Street Carllale, PA under the Plan, the Alternate Payee shall be entitled to 60% of the Participant's accrued benefit as of such benefit as shall be assigned to and vested in the Alternate Payee upon the earliest of the following dates: (1) Commencement of Participant's benefit; (2) Alternate Payee's election to put her benefit into pay status after Participant's attainment of the earliest retirement date under the Plan; (3) Participant's death after the Participant's attainment of the earliest retirement date under the Plan but prior to the commencement of Participant's or Alternate Payee's benefit; or (4) the termination of the Plan. The Alternate Payee may elect when payment of her assigned benefit shall commence, provided such election does not require payment to be made (1) any earlier than the date on which the Participant attains the earliest retirement date under the Plan or (2\ and later than the date on which the Participant attains the normal retirement date under the Plan. The provisions of this paragraph shall be null and void and without effect should either of the following events occur prior to the vesting of Alternate Payee's benefit: (1) the Alternate Payee's death; or (2) benefits become payable in accordance with Paragraph No. 8 of this Order. 2 8. In the event the Participant dies prior to the date the Participate retires and prior to the date the Alternate Payee's benefits is assigned and vested, the Alternate Payee shall be eligible to receive the Qualified Preretirement Survivor Annuity (QPSA). In such event, the benefit payable to the Alternate Payee shall be calculated based on 60% of the Participant's accrued benefit as of April 1, 1999. The Alternate Payee may elect when payment of the QPSA shall commence, provided such election does not require payment to be made (1) any earlier than the date on which the Participate would have attained the earliest retirement date under the Plan, or (2) any later than the date on which the Participant would have attained the normal retirement date under the Plan. 9. The Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another Order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits (determined on the basis of actuarial value). Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 10. In no event shall the Alternate Payee have any greater rights than those SAIDIS which are available to the Participant. SHUFF, FLOWER & LINDSAY AnURNM-AT•rAW 11. The parties shall promptly notify the Plan Administrator of any changes 26 W. High Street Carlisle, PA in their addresses from those set out in this Order. 3 12. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. THE COURT retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. CONCURRENCE: ,/Robert L. O'Brien, Esquire Attorney for Participant Rxs -2a?Lk SAIDIS SNUFF, FLOWER & LINDSAY ArMRNEYS.Ai•IAW 26 W. Nigh Slr"t Carlisle, PA Carol J. Lindsay, quire Attorney for Iter ate Payee D411002 RAY A. YOST, Plaintiff V. DENISE L. YOST, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-4144 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER Zr c :? AND NOW, this day of v , the following Qualified Domestic Relations Order is hereby entered as an Order of Court. This Order is entered pursuant to the Pennsylvania Divorce Code, 23 Pa. C. S. Section 3300 et seq. The parties are as follows: Ray A. Yost Denise L. Yost 58 Ballpark Drive 221 Hollar Ave. Gardners, Pennsylvania 17324 Shippensburg, Pennsylvania 17257 S.S. # 201-58-5420 S.S. # 171-54-6797 1. The parties intend for this order to constitute a "Qualified Domestic Relations Order" as defined in Section 414 (p) of the Internal Revenue Code of 1986, as amended. 2. This order applies to the following qualified retirement plan, PPG Industries Employee Savings Plan, "Plan." 3. Ray A. Yost, S.S. # 201-58-5420, hereinafter referred to as "Participant," is a Participant in the PPG Industries Employee Savings Plan. 4. Denise L. Yost, S.S. 0 171-54-6797, hereinafter referred to as "Alternate ?;-.; ,:L: ?? "; _' _ ;.'i (;. Payee" is the Participant's spouse, presently the Defendant in the divorce action. 5. Participant's current and last known mailing address is 58 Ballpark Drive, Gardners, Pennsylvania 17324. 6. Alternate Payee's date of birth is September 25, 1968. Alternate Payee's current and last known mailing address is 221 Hollar Ave., Shippensburg, Pennsylvania 17257. 7. A portion of the Participant's account in the Plan is martial property and subject to distribution by this Court. The Alternate Payee shall receive the sum of 60% of the value of the Participant's account in the plan on the date of separation, April 7, 1999, together with any earnings or loss thereon to the date immediately preceeding the date the money is withdrawn from the Participant's account. The sum assigned to the Alternate Payee is to include the outstanding principal of any loans the Participant has on the date immediately preceeding the date the money is withdrawn from the Participant's account for the alternate payee. The sum is to be withdrawn from Participant's account in the Plan and distributed directly to Alternate Payee's Individual Retirement Account with Orrstown Bank, 22 South Hanover Street, Carlisle, PA 17013, for Denise Yost, 031315036 # 602000062, which shall receive this rolled over amount. However, in the event any portion of the sum to be distributed is non-taxable, such that it can not be rolled over to the aforesaid Individual Retirement Account, that amount shall be paid directly to the Alternate Payee. Alternate Payee shall be solely responsible for any required federal tax withholding or payment required as a result of this transfer. 8. This order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits (determined on the basis of actuarial value). Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 9. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. 10. The parties shall promptly notify the Plan Administrator of any changes in their addresses from those set forth above in this Order. 11. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order as such is defined under Section 414 (p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. ?9D BY THE COURT, ?"TT I i J. DOV 0 A CONCURRENCE: C B 49t) Denise L. Yost Defendant/Alternate Payee Ray A. st Plaintiff/Participant ?Robert L. O'Brien, Esquire Attorney for Defendant/Alternate Payee 6luv6- - /Carol J. Lind Esqui e Attorney f' r PI intiff/Pa icipant Carol Lindsay, Esquire, Attorney for the Plaintiff Robert L. O'Brien, Esquire, Attorney for Defendant rlo.d i r/domestic/yost4.gd ro i. ? ^? c\ _ L i i:.i ? '.! C.J JAN 4jd3 RAY A. YOST, IN THE COURT OF COMMON PLEAS OF xa r z U1 zootv Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-4144 CIVIL TERM DENISE L. YOST, CIVIL ACTION-LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 2 n, - day of_ a, ? -, 2004, the following Qualified Domestic Relations Order is hereby entered as an Order of Court. This Order is entered pursuant to the Pennsylvania Divorce Code, 23 Pa. C. S. Section 3300 et seq. The parties are as follows: Ray A. Yost Denise L. Yost 58 Ballpark Drive 221 Hollar Avenue Gardners, Pennsylvania 17324 Shippensburg, Pennsylvania 17257 S.S. # 201-58-5420 S.S. # 171-54-6797 1. The parties intend for this order to constitute a "Qualified Domestic Relations Order" as defined in Section 414 (p) of the Internal Revenue Code of 1986, as amended. 2. This order applies to the following qualified retirement plan, PPG Industries Employee Savings Plan, "Plan." 3. Ray A. Yost, S.S. # 201-58-5420, hereinafter referred to as "Participant," is a Participant in the PPG Industries Employee Savings Plan. 4. Denise L. Yost, S.S. # 171-54-6797, hereinafter referred to as "Alternate Payee" is the Participant's spouse, presently the Defendant in the divorce action. 5. Participant's current and last known mailing address is 58 Ballpark Drive, Gardners, Pennsylvania 17324. 6. Alternate Payee's date of birth is September 25, 1968. Alternate Payee's current and last known mailing address is 221 Hollar Avenue, Shippensburg, Pennsylvania 17257. 7. A portion of the Participant's account in the Plan is marital property and subject to distribution by this Court. The Alternate Payee shall receive the sum of $8,070.49 from the Plan. The taxable portion of this sum, if any, is to be withdrawn from Participant's account in the Plan and distributed directly to Alternate Payee's Individual Retirement Account with Orrstown Bank, 22 South Hanover Street, Carlisle, PA 17013, for Denise Yost, 031315036 # 602000062, which shall receive this rolled over amount. The non-taxable portion of the Alternate Payee's distribution, if any, will be paid directly to the alternate payee. Alternate Payee shall be solely responsible for any required federal tax withholding or payment required as a result of this transfer. 8. This order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits (determined on the basis of actuarial value). Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 9. In no event shall the Alternate Payee have any greater rights than those which are available to the Participant. 10. The parties shall promptly notify the Plan Administrator of any changes in their addresses from those set forth above in this Order. 11. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order as such is defined under Section 414 (p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might he necessary to establish or maintain its status as a Qualified Domestic Relations Order. BY THE C RT, CONCURRENCE: Robert L. O'Brien, Esquire Attorney for Defendant/Alternate Payee Carol J. Lin( Attorney for r " -1? A Carol Lindsay, Esquire, uire Attorney for the Plaintiff Robert L. O'Brien, Esquire, Attorney for Defendant p do1DOmestlc1Y05tly05t7.gtlro "1^G,?.,,71?-mac Ray . Yost Plaintiff/Participant ??? ;-_ ' ? ?= ?_,;.:: - ,.:?. ?d ; r.= 'r` _ ??? o ??„ ?.: -' „ lL :.'v _. l i_ r 4J Lj .J J . CV A MAY e 4 "21,04 RAY A. YOST, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 99-4144 CIVIL TERM DENISE L. YOST, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER PPG INDUSTRIES. INC. RETIREMENT INCOME PLAN (APPENDIX 1) 2 e? °`i AND NOW this (S day of J u 2603, the following Qualified Domestic Relations Order is hereby entered as an Order of Court. This Order is entered pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. §3300 et. seq. 1. This Order constitutes a "Qualified Domestic Relations Order " as defined in §414(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the following qualified retirement plan: The PPG Industries, Inc. Retirement Income Plan (Appendix 1), hereinafter referred to as "Plan". Further, any predecessor or successor to the Plan or any other plans, to which liability for a provision of the Participant's benefit described below is incurred, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, SAIDIS or name of the Plan shall not effect Alternate Payee's rights as provided under this SHUFF, FLOWER & LINDSAY Ar Order. MRMYS•AT•rAW 26 W. High Street Carlisle, PA 3, Ray A. Yost, Social Security Number 201-58-5420, hereinafter referred to as "Participant" is a participant in the Plan. 4. Denise L. Yost, Social Security No. 171-54-6797, hereinafter referred to as "Altemate Payee" is the Participant's former spouse. 5. ParticipanPs current and last known mailing address is 58 Ballpark Drive, Gardners, Cumberland County, Pennsylvania 17324. 6. Alternate Payee's dale of birth is September 27, 1968. Alternate Payee's current and last known mailing address is 221 Holler Avenue, Shippensburg, Pennsylvania 17257. 7. From the benefit which would otherwise be payable to the Participant under the Plan, the Alternate Payee shall be entitled to 60% of the Participant's accrued benefit as of April 1, 1999. Such benefit shall be assigned to and vested in the Alternate Payee upon the earliest of the following dates: (1) Commencement of Participant's benefit; (2) Alternate Payee's election to put her benefit into pay status on or after Participant's attainment of the earliest retirement date under the Plan; (3) Participant's death after the Participant's attainment of the earliest retirement date under the Plan but prior to the commencement of Participant's or Alternate Payee's benefit; or (4) the termination of the Plan. The Alternate Payee may elect when payment of her assigned benefit shall commence, provided such election does not require payment to be made (1) any earlier than the date on which the Participant attains the earliest retirement date under the Plan or (2) any later than the date on which the Participant attains the normal retirement date under the Plan. The SAIDIS SNUFF, FLOWER provisions of this paragraph shall be null and void and without effect should either of & LtNDSAV 26 W. Illgh Street the following events occur prior to the vesting of Alternate Payee's benefit: (1) the AMMig•AT•uw Carlisle, PA Alternate Payee's death; or (2) benefits become payable in accordance with Paragraph No. 8 of this Order. 2 8. In the event the Participant dies prior to the date the Participant retires and prior to the date the Alternate Payee's benefit is assigned and vested, the Alternate Payee shall be eligible to receive the Qualified Preretirement Survivor Annuity (QPSA). In such event, the benefit payable to the Alternate Payee shall be calculated based on 60% of the Participant's accrued benefit as of April 1, 1999. The Alternate Payee may elect when payment of the QPSA shall commence, provided such election does not require payment to be made (1) any earlier than the date on which the Participate would have attained the earliest retirement date under the Plan, or (2) any later than the date on which the Participant would have attained the normal retirement date under the Plan. 9. The Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefit to the Alternate Payee which is required to be paid to another alternate payee under another Order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increased benefits (determined on the basis of actuarial value). Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 10. In no event shall the Alternate Payee have any greater rights than those SAIDIS SHUFF, FLOWER which are available to the Participant. & LINDSAY High S- Z6 W. 11. The parties shall promptly notify the Plan Administrator of any changes ireel IAW 26 W. Nigh Carlisle, PA in their addresses from those set out in this Order. 3 12. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. THE COURT retains jurisdiction to amend this Order as might be necessary to SAIDIS SHUFF, FLOWER & LINDSAY ArfMM:re•AranW 26 W. 1111{11 Slr"I Carllde, PA establish or maintain its status as a Qualified Domestic Relations Order. CONCURRENCE: Robert L. O' rion, Esquire Allornoy for Alternate Payee o? OL,o By the Court, 4