Loading...
HomeMy WebLinkAbout03-3896CELESTA SABATINO, Plaintiff v. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 389(0 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office 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, Pennsylvania 17013 (717) 249-3166 CELESTA SABATINO, Plaintiff V. MARCUS S. SABAT[NO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- 3N CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Celesta Sabatino, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Celesta Sabatino, is an adult individual who currently resides at 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Marcus S. Sabatino, is an adult individual who currently resides at 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on January 24, 1975 in State College, Centre County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America,or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Celesta Sabatino, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Respectfully submitted, Date: L( -03 CThomshl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION I verify that the statements made in this Complaint 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. CELESTA SASATINO, Plaintiff \l 4' CELESTA SABATINO, Plaintiff V. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-3896 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Michael S. Travis, Esquire, counsel for Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce on behalf of Marcus S. Sabatino, in full satisfaction of the Pennsylvania Rules of Civil Procedure. DATE: Attorney for Defendant 4076 Market Street, Suite 209 Camp Hill, Pennsylvania 17011 (717) 7310502 n ?? ?? c- .., - , -.7 cr _', -_ ?? ? ' .::'.. c-. 'P, C.-' ___ '. i5 <__ ' ' :.?:..? -1 .,y =<; CELESTA SABATINO., Plaintiff VS. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-3896 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 11, 2003 and served on August 18, 2003 by Michael S. Travis, Esquire, through Acceptance of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 9?6 6 " CELESTA SABAT , Plaintiff n ° O -n F- c? o °c z; ?cam C o' Om 3 ? ? CELESTA SABATINO., Plaintiff VS. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-3896 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: J O CELESTA sABATiNb c? ? o n? Q CELESTA SABATINO., Plaintiff VS. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-3896 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on August 11, 2003 and served on August 18, 2003 by Michael S. Travis, Esquire, through Acceptance of Service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 5-23-t(a k W-? MAR US S. SABATINO, Defendant n o s . =4 n .? (-.. " IpJrn r C.. P CELESTA SABATINO., Plaintiff VS. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-3896 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER MOM) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES, DATE: MARCUS S. SABATINO, Defendant G ?ttn if R O '::7 r-;; Y` [y/ C f` SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this day of 2006, by and between MARCUS S. SABATINO, of 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania, 17011, party of the first part, hereinafter referred to as "Husband," AND CELESTA SABATINO, of 331 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055, party of the second part, hereinafter referred to as "Wife," WITNESSETH: WHEREAS, Husband and Wife were married on January 24, 1975, in State College, Centre, Pennsylvania; and WHEREAS, Husband and Wife were residents of the Commonwealth of Pennsylvania and has been so for at least six months prior to the filing of the divorce action referenced herein, and Wife continues to be a resident of the Commonwealth of Pemisylvania; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and l of 18 r' WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. 2 of18 ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce:. provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds: not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or imenferceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a 3of18 final settlement for all purposes whatsoever. Should either of the parties obtain a decree. judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTIOAT OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a marmer which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational stc ils, employability; estate, liabilities, and needs for each of the parties; the contribution of one parry, to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a parry as a homemaker; the value of the property set apart to each parry; the standard of living of the parties established during their marriage; the economic circumstances of 4of18 each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that Wife has certain items of personal property in her position which will be retained by her. Husband shall retain all the personal property items listed on Exhibit "A" which is attached hereto and incorporate as hereby reference as Exhibit "A" and which details each item of personal property he shall retain, including; fttmiture, household furnishings and appliances. All other items of personal property within the home shall remain in the home when husband vacates the premises as anticipated hereinafter. Accept this here and before set forth, the parties acknowledge that they have the furniture, appliances, tools, household furnishings, and other personal property, tangible and intangible, in their possession that they wish to have and retain from this time forward. Neither parry shall make any claim whatsoever against the personal property in the other party's possession from the time of execution of this Agreement forward. 5of18 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, an exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each parry agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. 3.5 SubseguentlpAcguired Propertp. Husband and Wife agree to waive and relinquish any and all right that lie or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other parry. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are joint owners of real estate located at 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania, as tenants by the entries. At the time of execution of this Agreement, Husband maintains his residence at that property. As long as Husband is maintaining his residence at the property, but under no circumstance beyond August 31, 2007, Wife shall pay 65% of the amount due for the mortgage payment, including escrows, each month and Husband shall pay 35% of the amount due for the mortgage payment, including escrow. When Husband vacates the premises and Wife establishes her residence at the property, if this occurs prior to August 31, 2007, each party shall pay one half of the mortgage payment, including escrows, each month until August 31, 2007, when Husbands obligation to participate in the payment of the mortgage shall cease in its entirety. It is acknowledged that if Husband 6of18 chooses to move from the property prior to August 31, 2007, Wife shall be entitled immediately thereupon to enter into the property and establish her residence at the property. In the event that Husband holds over and remains in the property after August 31, 2007, he shall be responsible for all mortgage payments, including escrow payments from September 1, 2007 forward, until he vacates the premises or until the property is sold. In the event that payments are not made timely or payments are not made up to the date of settlement and sale of the property, any amount for which Husband was obligated shall be deducted from any proceeds he would otherwise receive from the sale of the property. Not withstanding the foregoing, either party may, request that the property be sold. In such event, the property will be listed for sale with Sunil Patel or another Realtor of the parties' mutual selection. If the parties cannot agree upon a realtor to use for the purpose of listing and selling the property, Husband shall name three realtors with three different real estate firms that are acceptable to him to list and sell the property. Wife shall then select one of those three realtors named. The realtor who is selected by wife shall then list the property for sale. The property shall be listed at a sale price agreed upon by the parties, using the guidance of the selected realtor. Once the property is marketed, the parties must accept any offer for purchase of the property by a third party purchaser if the offer is at least 95% of the listing price. Normal and routine settlement costs shall be deducted from the gross proceeds of the sale at the time of the settlement. The net proceeds of sale should then be divided with 60% being distributed to Husband and 40% being distributed to Wife. Further, at the time that either party makes demand that the property be sold, both parties shall retain a right of first refusal, such that, if a bona fide offer from a third party purchaser for value is made, either party may match that offer and thereby, be entitled to purchase the property 7 0fIS from the other party to this Agreement at that price. In this regard, the realtor shall be specifically advised of this provision of the Agreement and Husband and Wife shall be excluded from the listing agreement, such that there will be no realtor's commission paid in the event one party buys the property from the other. Before disbursement of proceeds from sale to Husband, the settlement agentk at the time of settlement shall disburse the sum of $5,000.00 from I-Iusband's proceeds to Wife for reimbursement of prior loans provided by Wife to Husband and other expenses previously agreed upon between the parties. In addition, the parties acknowledge that at the time of this Agreement, there is an outstanding balance due and owing to Home Depot for the purchase of a new furnace that occurred in 2005. At the time that payment is due on that bill from Home Depot the parties will equally share in that costs. In the event, Husband does not have finances available to pay his one half share of the price of the furnace to Home Depot, Wife may make payment in full to Home Depot and then secure distribution of Husband's one half share of that expense from Husband's net proceeds from the sale of the former marital residence at the time of settlement. No specific time frame for sale is required or anticipated by this Agreement but rather the time for sale is flexible based upon the demand of kt either party. M 3.7 L,( I Retirement. Profit-Sharing. The parties' acknowledge that Wife has secured an investment through her employment with Lear Corporation in the Salary Retirement Savings Plan. From the date of Wife's initial employment with Lear Corporation to the date of separation, the funds accrued in the Salary Retirement Savings Plan are marital. Based upon growth on the marital portion of funds from the date of separation to present, the total sum of the marital portion of the retirement is $65,57633. 8of18 Husband has secured an individual retirement account (IRA) which is marital and which has a present value of $2,553.03. Husband shall retain sole and exclusive ownership of his IRA account and Wife shall make no claim of any nature whatsoever relative to that account from the time of execution of this agreement forward. Relative to Wife's Salary Retirement Savings Plan, counsel for Wife shall prepare a Qualified Domestic Relations Order to provide for the rollover of the sum of $31,511.65 from Wife's name to Husband's name for Husband's sole use. Following the entry of the Qualified Domestic Relations Order and the distribution of the $31,511.65 from Wife's account to Husband's account, Husband shall have no additional claim of any nature whatsoever, relative to Wife's Salary Retirement Savings Plan. With respect to the remaining portion of Wife's Salary Retirement Savings Plan and with respect to Husband's IRA, after the distributions described above, each party shall execute any and all necessary documents to waive, relinquish, or transfer any and all right entitled interest in the foresaid accounts beyond those proceeds otherwise described above. In addition, Wife secured a pension investment through her prior employment with Unisys Corporation, all of which pension accumulation is marital. Husband's legal counsel shall prepare a Qualified Domestic Relations Order (QDRO) to provide for a distribution of 50% of the entire Unisys Corporation Pension Fund to be distributed to Husband at the time of retirement or as the plan may allow. Following the entry of the Qualified Domestic Relations Order mud the distribution to Husband, in this manner, of his interest in Wife's Unisys Pension Plan, Husband shall have no additional right or interest in Wife's retirement. Husband shall execute any and all necessary documents required to waive, relinquish or transfer any additional interest in the Unisys Pension Plan at that time. 9ofIs Except as hereinbefore set forth, Husband waives, relinquishes, or transfers any and all right, title, and interest he has in any nature whatsoever relative to any retirement plans retained by lUife, including but not limited to any profit sharing plaits, retirement plans, pensions, IRA's, and 401K's. Similarily, except as hereinbefore set forth, Wife waives, relinquishes, or transfers any and all right, title, and interest that she has in any nature whatsoever relative to any retirement plans retained by Husband, including but not limited to any profit sharing plans, retirement plans, pensions, IRA's, and 401 K's. With respect to any pension, retirement plan, savings, 401K, IRA, or any other similar plan, if a beneficiary designation may be placed on the plan funds, or a survivor benefit provided, the parties children should be listed as a survivor or beneficiaries to share equally in any benefit available upon the death of either parry. 3.8 Vehicles. The parties acknowledge that they had in their ownership and possession at the time of separation a certain 1995 Chevrolet Cavalier vehicle which shall be retained, has been retained, or has been transferred by Wife since the parties' separation. Husband shall make no claim of any nature whatsoever relative to ownership interest in the 1995 Chevrolet Cavalier. In the event, there is any remaining encumbrance due to the purchase of that vehicle, Wife assumes sole exclusive responsibility for said debt and shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever on that debt. The parties acknowledge that they had in their ownership and possession at the time of separation a certain 1994 Pontiac Transport Van, vehicle which shall be retained, has been 10 of 18 retained, or has been transferred by Husband since the parties' separation. Wife shall make no claim of airy nature whatsoever relative to ownership interest in the 1994 Pontiac Transport Van. In the event, there is any remaining encumbrance due to the purchase of that vehicle, Husband assumes sole exclusive responsibility of said debt and shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activity of any nature whatsoever on that debt. 3.9 Intangible Personal Property. The parties acknowledge that they have previously distributed their financial accounts such that each party now retains their own accounts. Neither parry shall make any claim of any nature whatsoever relative to the funds in the other party's financial accounts. In the event it is necessary for either party to execute any documents to waive, relinquish or transfer their interest in accounts maintained by the other party, they will do so within fifteen (15) days of being requested to do so by the other parry or their legal representative. ARTICL I`7 DEBTS OF THE PARTIES 4.1 Each party represents to the other that except as is otherwise set forth in this Agreement, the parties do not have any additional joint debt, and each parry has not created any additional debt in the other party's name since Separation. 11 of 18 ARTICLE V ALIMONY SPOUSLA SUPPORT, ALIMONY PE7\TDEA7E LITE, AA'D CHILD SUPPORT 5.1 For the period of time that Husband remains in the former marital residence as described in paragraph 3.6 above, and wife is paying 65% of the mortgage payment, including escrows, the amount that Wife pays toward the mortgage during Husband's tenancy at the property shall be considered alimony and shall be deductible to Wife and must be claimed by Husband for income tax purposes. Upon Husband vacating the formal marital residence, Wife's obligation to make payment of 65% of the mortgage payment, including escrows shall cease and be replaced by Wife's obligation to make direct payment to Husband of this same dollar amount, whatever it is at the time, to Husband as Alimony, until August 31, 2007 at which time Wife's obligation to pay alimony, either through direct cash distributions to Husband or through the payment of a portion of the mortgage payments on the property shall cease in its entirety. The provisions of this alimony obligation shall be non-modifiable for all purposes. 5.2 The parties acknowledge, except as otherwise set forth herein they have each secured and maintained an adequate and substantial source of income to provide for their needs in a manner in which they were accustomed. As such, neither party shall male any claim of any nature whatsoever against the other relative to alimony, spousal support, alimony pendente lite, or separate maintenance of any nature. Neither parry shall make any claim against the other for additional financial support from the date of this execution of this Agreement forward. 5.3 12 of 18 Except as otherwise set forth herein, neither party shall make any claim against the other relative to the need, desire or obligation for spousal support, APL, alimony, child support or separate maintenance of any nature. MISCELLANEOUS PROVISIONS 6.1 Advice o Counsel. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, being Bradley L. Griffie, Esquire, for Wife and Michael S. Travis, Esquire, for Husband. The parties acknowledge that they have received independent legal advice from counsel of their own selection, that they fulh, understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, 13 of 18 whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtest' or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pemisylvania, (b) any state, commonwealth or territory, of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whetber arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a fall, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 R'arranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each parry agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this 14 of 18 a Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terns of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.5 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms of this Agreement. 6.6 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.7 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 15 of 18 y This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.9 Senerahility. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect; and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.10 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.11 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which parry has an interest, of the sources, and amount of the income of such parry of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.12 16 of 18 Enforceabilin, and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been full}, satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching parry shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching 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 including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY< MI`CH S. TRAVIS, Esquire Date ?o? $? L. GRIFFIE, Esquire Date COMMONWEALTH OF PENNSYLVANLA MAR US S. SABATINO CELESTA SABA-TfNO 17 of 18 COUNTY OF CUMBERLAND On this a')11' day of 2006, before me, the undersigned officer, personally appeared MARCUS S. SABATINO, Imown to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COtv1MON`A?EALTH OF PENNSYLVANIA Notarial Seai Hope A. Ntattos. Notary Public Hampden Twp., Cumberlantl County IJiv Commission Expires Oct. 11. 2008 "ne. enns;:w>..? 4csoria?ion of Notaries COMMONWEALTH OF PENNISYLVANIA COUNTY OF CUMBERLAND On this `?2?14 day of 'a:? 2006, before me, the undersigned officer, personally appeared CELES A SABATINO, ]mown to me (or satisfactory proven) to be the person whose name is subscribed to the urithin Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS VTTEREOF, I hereunto set my hand and official seal. NOTARIAL SEAL ECAF E BORON CUh16?R1 ND COUNTp ISSIO N EXPIRES APRIL 17 2007 Is offs 1 Y 9 \ ?14iL LS4i), fTim, h(?TDc?lrA?> irC autPMLOq-t f ?Iic??s 1 ? %?2?ntf l?o?s Ftl4?efljbv)s Cry r s??ar.? 1 ??ral l'?ec? t noru S?f ? !' 6J!'S LA1MV6Le- 3 l d-rp- Clok ,duet tie 4 s et-A cc IJODk 5 CAPS / IoolS f lle)6,fMTE ckwj oobj ? .2 di pSspe3 Be? y ?? ?? PYoF ? /?1? ??? r?l+?i? C/oTti iu ? L-Fc°?kS . l(ec?p??e _1-r?iU s Exhibit A ICJ !?? _J f ". i, ?` ??, J r...? ll T "? rn ?_ `, ,'; „J CELESTA SABATINO., Plaintiff vs. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-3896 IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) 330iav1) oftw Divorce Code (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on April 25, 2005. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: 8/28/06 by Defendant: 8/23/06 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August 30, 2006 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: August 30, 2006 rASS6 squire FI IATES At torney for Plaintiff ?? J c:- -i . ;. , ?.. ? ?. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Celesta Sabatino Plaintiff NO. 2003-3896 VERSUS Marcus S. Sabatino Defendant DECREE IN DIVORCE AND NOW, /??.. oyv-&r- 8} 2006 , IT IS ORDERED AND DECREED THAT Celesta Sabatino , PLAINTIFF, AND Marcus Sabatino DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Separation and Property Settlement Agreement of August 4 2006 is incorporated herein but not merged. BY THE URT: i. ONOTARY r CELESTA SABATINO., Plaintiff VS. MARCUS S. SABATINO, Defendant SEP 0 120f)6 j L'3Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-3896 IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, CELESTA SABATINO, (hereinafter referred to as "Participant") and MARCUS S. SABATINO, (hereinafter referred to as "Alternate Payee") have agreed to a division of marital property, which agreement includes provision for a distribution from the Participant's account with the The Lear Corporation Salaried Retirement Savings Plan (hereinafter referred to as the "Plan"); and WHEREAS, this Qualified Domestic Relations Order (hereinafter referred to as the "Order") provides for the division and disposition of the marital component of the Participant's account in the Plan, which is a benefit provided by Participant's employer; and WHEREAS, Participant intends to grant Alternate Payee rights to such benefits in such amounts on the terms and conditions prescribed hereinafter as provided for in the plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (hereinafter "QDRO"), as that term is defined by Section 414 (p) of the Internal Revenue Code and Section 206 (d) (3) of Employee Retirement Income Security Act of 1974 ("ERISA"). NOW, THEREFORE, it is Ordered and Decreed as follows: 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 in 1986 has amended. CC -0 Ill L- d3S 95OZ Atl?iGi` i ; ,t 3Hi JO 2. This Order applies to The Lear Corporation Salaried Retirement Savings Plan (hereinafter "Plan") 3. Participant's date of birth is April 30, 1952, her social security number is 190-44- 9662, and her last known and current address is 331 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 4. Alternate Payee's date of birth is April 30, 1943, his social security number is 162-38-9456, and his current and last known address is 8 Dogwood Lane, Camp Hill, Pennsylvania, 17011 5. The Plan Administrator for the plan is the Lear, P.O. Box 436, Little Falls, New Jersey, 07424. 6. This Order creates and recognizes the existence of Alternate Payee's right to receive a portion of the Participant's benefit payment under the Plan and is entered pursuant to authority granted under the Pennsylvania Divorce Code of 1980, as amended. 7. This Order relates to provisions of marital property rights. 8. The parties to this Order were married on January 24, 1975 and separated on May 30, 2002, with the final Divorce Decree in this matter still pending. 9. A portion of the Participant's interest in the Plan is marital property subject to distribution by the Court. As soon as administratively practicable after the Plan Administrator determines this Order to be a Qualified Domestic Relations Order and the applicable appeal periods have expired, Plan Administrator shall designate the sum of THIRTY-ONE THOUSAND FIVE HUNDRED ELEVEN DOLLARS AND SIXTY-FIVE/ONE HUNDRED (31,511.65) DOLLARS, as Alternate payee's portion of Participant's funds, effective upon the date of distribution. The amount designated as Alternate Payee's benefit shall not create a taxable event as this is an authorized rollover from one individual's name to another individual's name within the plan. The principal amount designated above shall be designated as Alternate Payee's benefit under the Plan such that it shall accrue gains and losses from the date of distribution forward to Alternate Payee's benefit. 10. Upon awarding or distributing the sum set forth in paragraph nine above, a separate account shall be established for Alternate Payee. Payment of these funds shall be made to Alternate Payee as soon as administratively feasible following receipt of the appropriate Plan distribution election. In the event the amount specified in paragraph 9 above is in excess of Participant's total account balance in the Plan as of the date of distribution to Alternate Payee, the Plan shall distribute to the Alternate Payee 100% of Participants vested account balance valued as of the date of distribution to the Alternate Payee. 11. Alternate Payee designates his estate as beneficiary in the event he dies prior to receiving payment. 12. The benefits hereby assigned to Alternate Payee shall be paid to Alternate Payee not withstanding Participant's continued employment with Lear, in accordance with the Alternate Payee's election and the terms of the Plan 13. All benefits payable under the Plan, other then those payable to Alternate Payee shall be payable to Participant in such manner and form as Participant may elect in her sole and undivided discretion, subject only to Plan requirements. 14. When payment is made from the Plan to Alternate Payee, unless arrangements are made for Alternate Payee's payment to be made through a recognizable rollover to an approved plan, payment shall be included in the Alternate Payee's gross taxable income. 15. While it is anticipated that the Plan Administrator will pay directly to the Alternate Payee the benefit awarded to him, Participant is designated as a constructive trustee to the extent she receives any benefits under the Plan that are due to Alternate Payee but paid to Participant. In the event of such payment, Participant is ordered and decreed to pay the benefit defined above directly to Alternate Payee. 16. The terms used in this Order shall have the same meaning as in the Plan. In the event of a conflict between the terms of this QDRO and the Plan, the terms of the Plan shall prevail. 17. Participant and Alternate Payee must advise the Plan Administrator of any changes in their mailing addresses or legal names at any point in the future. 18. This Order does not require the plan to provide any type or form of benefits, or option, not otherwise provided under the plan; nor require the payment of any benefits for Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order; nor require the plan to provide increased benefits which result from future contributions to the plan. Any provision of this Order, which appears to be otherwise, shall be null and void and have no effect. 19. By the submission of this QDRO, the interested parties in this Order certify that they are not aware of any prior Orders which attempt to dispose of the benefits described herein. Should a prior Order exist, it is the responsibility of the interested parties to advise the Plan Administrator prior to determination of the "Qualified Status" of this Order. 20. Changes in Plan Sponsor, Plan Administrator, or change of Plan Name shall not effect this Order. This QDRO continues to be effective with respect to any successor or subsequent Plan, including any plan to which the Plan is merged. In the event of a change of Plan Administrator or terms of the Plan, Alternate Payee shall receive the same written notification as other beneficiaries. 21. The parties shall promptly submit this Order to the Plan Administrator, Lear, P.O. Box 436, Little Falls, New Jersey, 07424 by certified mail, return receipt requested. If this QDRO has not been pre-approved, the Plan Administrator shall, within a reasonable time after the receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both Participant and Alternate Payee of such determination. Until such time as the determination has been made, the Plan Administrator shall comply with all requirements imposed upon it by Section 414 (p) (7) of the Internal Revenue Code and Section 206 (D) (3) (h) ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then it shall notify Participant and Alternate Payee of such and the reason therefore. 22. This Court shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidence by their affirmations in their Separation and Property Settlement Agreement or Marital Settlement Agreement. IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH AS DEFINED UNDER SECTION 414(p) OF THE INTERNAL REVENUE CODE OF 1986 AS AMMENDED. This Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status of a Qualified Domestic Relations Order. WITNE ETH: V, golix, IL,4"4L?? r f , Esquire Date Celesta Sabatino % 4444 f C a ravis, Esquire D t$ a Marc s S. Sabatino Dated and approved by this, the Court of Common Pleas of Cumberland County, Pennsylvania on this 7` day of S? 2006. Bradley L. Griffie, Esquire Attorney far Plaintiff 200 N. Hanover Street Carlisle, PA 17013 Michael S. Travis, Esquire Attorney for Defendant 3904 Trindle Road Camp Hill, PA 17011 ,uyeuA 9- d ?"G G BY THE COURT, CELESTA SABATINO., Plaintiff VS. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 2003-3896 IN DIVORCE ADDENDUM TO SEPARATION AGREEMENT ADDENDUM THIS Addendum entered into the day and year hereinafter as set forth by and between Marcus S. Sabatino of 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband") and Celesta Sabatino of 331 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania, (hereinafter referred to as "Wife") WHEREAS, the parties entered into a comprehensive Separation and Property Settlement Agreement dated August 4, 2006, a copy of which is attached hereto and incorporated herein by reference; WHEREAS, the parties provided for the distribution of the proceeds from the sale of real estate and the means to make payment on the mortgage due and owing on the residence located at 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania and; WHEREAS, the parties desire to modify paragraph 3.6 as hereinafter set forth. NOW, THEREFORE, the parties hereto, in consideration of their mutually made and to be kept promises set forth hereinafter, and for other good and valuable consideration and intended to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant and promise to agree as follows: 1. Paragraph 3.6 shall be modified to authorize the parties' refinancing of the mortgage due and owing on the property at 8 Dogwood Court, Camp Hill, Cumberland County, Pennsylvania. 2. At the time of refinancing, the parties shall secure an additional sum of approximately $25,000.00 on the mortgage for purposes of distributing to the parties. The additional funds so received shall be distributed with 60% being provided to Husband and 40% being provided to Wife. The principal purpose in securing these additional funds is to provide additional cash to Husband to pay various debts that he has incurred. 3. All other provisions of paragraph 3.6 shall remain relative to Husband's sole obligation to make payment on the mortgage payments, including escrow payments from September 1, 2007 forward, until he vacates the premises or until the property is sold pursuant to the terms of paragraph 3.6. In addition, the provisions set forth relative to the distribution of the net proceeds of sale at the time of the sale of this property shall remain as described in the Agreement. 4. All other provisions of the parties Separation and Property Settlement Agreement shall remain as previously provided. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year hereinafter written. WITN ichael . Travis, Esquire Date M cus S. Sabatino 7 /a 0? B p ie squire Date Celesta Sab COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this o+4\ day of 2007, before me, the undersigned officer, personally appeared MARCUS S. SABATINO, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r+W"M sm me" J. Mm'" 1 OWY FUNC My Cewmftom UPUM Apt 17. 2011 COMMONWEALTH OF PENNSYLVANIA COUNTY OF On this /t)f,4?-day of '4 1 2007, before me, the undersigned officer, personally appeared CELESTA SABATINO, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. now J. L*Awff NO" Pubft Camwdulon EX /fit M Apr 17. 2011 1 V ».' bi • ;? r1 C.° ? 1 ?f 'tom ? t AUG 14 20071y( CELESTA SABATINO., Plaintiff vs. MARCUS S. SABATINO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-3896 IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Celesta Sabatino (the "Participant"), and Marcus S. Sabatino (the "Alternate Payee") have agreed to the division of marital property, which agreement provides for the entry of a Qualified Domestic Relations Order (the "Order") to provide for the division and disposition of the accrued benefits of Participant under the Unisys Pension Plan (Plan Number 005) (the "Pension Plan"), a defined benefit pension plan, which is maintained and administered by Unisys Corporation (Employer Identification. Number 38-0387840) and to grant to Alternate Payee rights to such benefits in such. amounts and on the terms and conditions prescribed in this Order and in the Plan, and WHEREAS, Participant has an accrued benefit in the Pension Plan payable in the form of a single life annuity and she is 100% vested in such accrued benefit; and WHEREAS, Participant has separated from the service of Unisys Corporation„ and has attained her "earliest retirement age" under the Plan age 55, as such term is defined in Section 414(p)(4) of the Internal Revenue Code of 1986 (the "Code") and Section 206(d)(3)(E) of the Employee Retirement Income Security Act ("ERISA"); and WHEREAS, the Pension Plan does not provide for payment of benefits there under in the form of lump sum cash payments, lump sum in-kind distributions, or the payment of subsidized early retirement benefits to the Alternate Payee, so that the w Alternate Payee is only eligible to receive a portion of the Participant's benefits in the form of a single life annuity (or an actuarial equivalent annuity form of payment) commencing, upon request of the Alternate Payee, on or after the Participant's attainment. of the Earliest Retirement Age under the Pension Plan. and, WHEREAS, this Order is intended to be Qualified Domestic Relations Order ("QDRO") as that term is defined in Section 414(p) of the Code and Section 206(d)(3) of ERISA. NOW THEREFORE, it is hereby ORDERED AND DIRECTED as follows: 1. Amount of Benefits to be Distributed to Alternate Payee. Alternate Payee shall be entitled to receive a benefit under the Pension Plan, the amount of which can be provided by 50% of the actuarial present value of the Participant's benefit under the Pension Plan is reflected in the September 8, 2006 valuation. (date of divorce) It is understood that the sum of the Alternate Payee's benefit and the Participant's benefit as of September 9, 2006 will be less than the amount of the Participant's benefit accrued as of September 8, 2006 to reflect the increased cost to the Pension Plan of providing a benefit in addition to the normal form of benefit, which is a single life annuity payable for the life of Participant. and commencing at the Participant's Normal Retirement Age and to reflect. commencement of benefit prior to the Participant's Normal Retirement Age under the Plan. 2. Time and Manner of Payment. As soon as practicable after the Effective Date, the Plan Administrator shall establish a benefit under the Pension Plan for Alternate Payee, the amount of M which shall be determined pursuant to Section 1 hereof and the payment of which shall commence, upon request of Alternate Payee, on or after the first day of the month following Participant's attainment of the Earliest Retirement Age under the Pension Plan. Alternate Payee shall have the right to elect distribution of Alternate Payee's benefit determined under Section 1 in any such form as is allowed Participant under the Pension Plan, other than in the form of a joint and survivor annuity payable to Alternate Payee. 3. Addresses. The name and current mailing address of Participant is as follows: Celesta Sabatino SSN: 190-44-9662 331 Stonehedge Lane DOB: 4/30/1952 Mechanicsburg, PA 17055 The name and current mailing address of Alternate Payee is as follows: Marcus S. Sabatino SSN: 162-38-9456 8 Dogwood Lane DOB: 4/30/43 Camp Hill, PA 17011 Alternate Payee shall keep the Plan Administrator informed of his current address. Notice of any change of address shall be made in writing to the following address: Honigman Miller Schwartz and Cohn LLP 2290 First National Building 660 Woodward Avenue Detroit, Michigan 48226-3506 4. Death of Alternate Payee. If the Alternate Payee dies before beginning to receive benefits under the Plan, his share of the Participant's benefits as set forth in this Order shall be forfeited. If the Alternate Payee dies after beginning to receive benefits under the Plan, however, any benefits remaining payable after his death shall be paid to his beneficiary(ies), if any, in accordance with his elected form of benefit. r 5. Death of the Participant. The death of the Participant prior to the death of the Alternate Payee shall not alter Alternate Payee's rights hereunder to receive payment of amounts set forth in Section 1 hereof, which are payable for the Alternate Payee's lifetime. As the Pension Plan may allow, Participant shall designate a beneficiary to receive any other benefits that may be payable to such. beneficiary, as long as such benefits do not alter the rights of Alternate Payee. 6. Liability for Income Taxes. Alternate Payee shall be solely responsible for, and bear the burden of, all federal income taxes, penalties and interest payable with respect to actions undertaken pursuant to this Order. 7. Cash-Out of Alternate Payee's Benefit. Notwithstanding any other provision of' this Order, if the present value of Alternate Payee's benefit determined under Section 1 is less than or equal to $1,000 at the time that Alternate Payee commences to receive benefits under the Pension Plan, then Alternate Payee's benefit shall be paid in a single sum payment in accordance with the terms of the Pension Plan. 8. Plan Administrator. A copy of this Order shall be mailed promptly (return receipt requested) to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestic Relations Order, then the Plan Administrator shall promptly carry out its provisions. If this Order has not been predetermined by the Plan Administrator to be a Qualified Domestic Relations Order, then the Plan Administrator shall, within a reasonable time after receipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both Participant and Alternate Payee of such determination. During the period in which such determination is being made, the: Plan Administrator shall comply with all requirements imposed upon him by Section 414(p)(7) of the Code and Section 206(d)(3)(H) of ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then he shall immediately notify both Participant and Alternate Payee of' such determination and the reasons therefore. 9. Continuing Jurisdiction. This Court shall retain jurisdiction to make any changes or amendments to this Order as may be necessary to carry out the intent of the parties as provided in this Order and in their Separation and Property Settlement Agreement. Date Celesta Sabatino, Participant Date icus S. Sabatino, Alternate Payee BY THE COURT: e- 1y-°7 11?k J. radley L. Griffie, Esquire Attorney for Plaintiff 200 N. Hanover Street Carlisle, PA 17013 Xchael S. Travis, Esquire Attorney for Defendant 3904 Trindle Road Camp Hill, PA 17011 cli - ,. , tS)