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HomeMy WebLinkAbout07-5472,~ _, Thomas D. Gould, Esquire I.D. ~ 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 TH0~1AS L. zL1VICH, ,7R. , PLAINTIFF v. BENITA A. ZUVICH, DEFENDANT IN THE COURT OF COIrl~ON PLEAS Ct~ERLAND COUNTY, PENNSYLVANIA NO. 2007 - Jr~'la CIVIL TERM 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE Q~ AVAILABILITY Q~ COUNSELING TO THE WITHIN~NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. .1 THOMAS L. ZUVICH, JR., PLAINTIFF v. BENITA A. ZUVICH, DEFENDANT . IN THE COURT OF CO1~N PLEAS Ci~ERLAND COUNTY, PE1~II~iSYLVANIA NO. 2007 - ,~Sy72 CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Thomas L. Zuvich, Jr. who resides at 1113 Apple Drive, Apartment 11, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Benita A. Zuvich who resides at 2196 Spring Run Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 2, 1981 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. There were three children born of this marriage: Aaron 08/2Q~/81, Alicia 10/05/85 and Matthew 07/25/87. i 9. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. J%~~ ~. X'Jet~l.~ Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 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 unsworn falsification to authorities. Date : `7 ~ ~ `'~ ~ ~ ~ ~'<'",~'~ Thomas L. u 'ch, ~ ~ c -~. ° .Q ~ W ~ ~. ~ ~ .,~ P ~ ~L'r`~ ~C ~ ~t'~5 r ~ --a b N 77? o dt L. C? S? vs Case No. A d 0 7 - ?aZ. Statement of Intention to Proceed _73 C= 6 °E t'r"1 _ .:i ?-- , f a Iv To the Court: ?d CD ` i o /r1o? J L Z yt i intends to proceed with the above caption tte c:) `+. D ` j - (A o(Sign Name 771imi oel Print Name / din a L . ?. Date: 9/ 2 /0 Attorney for A) /hat L . 2 to y + C ?_7'•- Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. FILED-OFFICE , OF THE PROTHONOTARY 2011 MAR 23 AM 11: 16 THOMAS L. ZUVICH, JR., CUMBER A NWOURT OF COMMON PLEAS PLAINTIFF }>ENNI COUNTY, PENNSYLVANIA V. NO. 2007 - 5472 BENITA A. ZUVICH, CIVIL ACTION DEFENDANT IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to -his action separated on May 3, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses it I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: THOMAS L. Z ICH, JR. N 11 OF THEROTDHONOTARY 1011 MAR 23 AM 11: 18 CUMBERLAND COUNTY PENNSYLVANIA THOMAS L. ZUVICH, JR., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 5472 BENITA A. ZUVICH, CIVIL ACTION DEFENDANT IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this,2_day of March, 2011, I, Thomas D. Gould, Esquire, Attorney for Plaintiff, Thomas L. Zuvich, Jr., hereby certify that I have this day sent a copy of Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code by depositing a copy of it in the United States mail, postage prepaid, addressed to: BENITA A. ZUVICH 2196 SPRING RUN DRIVE MECHANICSBURG, PA 17055 DATED /,JR? 22, 10/1 4m ?. Thomas D. Gould, Esquire ID # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 THOMAS L. ZUVICH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY , PENNSY LVANIA VS. CIVIL ACTION - LAW BENITA A. ZUVICH, 2007 - 5472 Defendant IN DIVORCE x^ C rn? TO: DAVID D. BUELL, PROTHONOTARY r '4 Q CUMBERLAND COUNTY COURTHOUSE G p rn ° o CARISLE, PENNSYLVANIA 17013 to a a-M 7> c'? 3 Ar- ? r-n PRAECIPE TO ENTER APPEARANCE I, Andrew C. Sheely, Esquire enter my appearance as attorney of record on behalf of the Defendant, Benita A. Zuvich, in the above-captioned case. AArAll Dat 47z?W _ Andrew C. Sheely, Esqu' 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065(fax) andrewc. sheely@verizon.net s CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Praecipe to Enter Appearance upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 Date: May ,(-- , 2011 A drew C. Sh , Esquire r Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net THOMAS L. ZUVICH, JR., Plaintiff VS. BENITA A. ZUVICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2007 - 5472 IN DIVORCE ANSWER AND COUNTERCLAIMS Defendant, Benita A. Zuvich, by and through Andrew C. Sheely, Esquire, hereby files this Answer and Counterclaims to the Complaint in Divorce and respectfully states "? as foiintow CY 1. Admitted. mm M _ Mr- r M 2 . Admitted rn c) CD 1 . r C:) ?'• --I CD rl 3. Admitted. '- 4. Admitted. ` 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted with clarification. Defendant requests the entry of a decree of divorce upon resolution of the economic claims raised herein. Pd . 4974 o 0 ?'y ?O 3&7-7 WHEREFORE, Defendant respectfully requests the entry of a Divorce Decree upon resolution of the economic claims raised in this action in divorce, including all counts raised herein. COUNTERCLAIMS Count I - Equitable Distribution 11. The allegations in Paragraphs 1 - 10 are incorporated herein and made a part hereof. 12. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts, retirement accounts, retirement assets and insurance policies acquired during their marriage. 13. Plaintiff and Defendant are the owners of real property acquired during their marriage. 14. Plaintiff and Defendant have acquired various marital debts during the period of their marriage. WHEREFORE, Defendant requests your Honorable Court equitably distribute the parties marital property, including marital debt, and including any such further relief as the Court may determine equitable and just. COUNT II - Alimony/Alimony Pendente Lite 15. The allegations in Paragraphs 1 - 14 are incorporated herein and made a part hereof. 2 16. Defendant lacks sufficient property to provide for her reasonable means and is unable tc support herself through appropriate employment. 17. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 18. Plaintiff earns more income and has a higher earning capacity than Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. Respectfully submitted, May , 2011 By Andrew C. Sheely, Esquire PA ID No. 62469 f 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Defendant 3 VERIFICATION I verify that the statements made in this Defendant's Answer and Counterclaims are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: May 15 , 2011 Zf.uc Benita A. Zuv ic 4 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Defendant's Answer and Counterclaims upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: THOMAS D. GOULD, ESQUIRE 2 EAST MAIN STREET SHIREMANSTOWN, PA 17011 Date: May 7,V , 2011 rew C. Sheep, Esquire THOMAS L. ZUVICH, JR., Plaintiff VS. BENITA A. ZUVICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW 2007 - 5472 IN DIVORCE COUNTERAFFIDAVIT UNDER SECTION 3301(d ) s OF THE DIVORCE CODE > ° 1. Check either (a) or (b): ? A ( .X) (a) I do not oppose the entry of a divorce decree. -, C ) ( ) (b) I oppose the entry of a divorce decree because -? - (If you checked 1(b), then check (i), (ii), or both) ? co (i) The parties to this action have not lived separate and apart for a period of at least two years. ) (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. O (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this counteraffidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unsworn falsification to authorities. Date Benita A. Zuvich, De endant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counteraffidavit. THOMAS L. ZUVICH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY , PENNSYLVANIA VS. CIVIL ACTION - LAW C` C=zo n BENITA A. ZUVICH 2007 - 5472 Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER ZC: r 1 -5 Beni ta A. Zuvich, Defendant, moves the Court to appointl?=a Master wi th respect to the following claims: (X) Divorce (X) Distribution of Property (X) Alimony ( ) A.P.L, Attorney fees and costs and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) The defendant has appeared in the action by his attorney, Thomas D. Gould, Esquire. (3) The Statutory basis for divorce is 23 Pa C.S.A. S 3301(c). (4) Delete the inapplicable paragraph(s): a. The action is 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: Eauitable Distribution, Alimony, Attorney fees, Costs (5) The action does not involve complex issues of law/fact. (6) The hearing is expected to take 1 day (7) Additional information r evant to the motion: None Date: 5114,14011 'tet.1 <?tkt 7 Andrew C. Sheely, Es uire Attorney for Defendant r? ORDER APPOINTING MASTER C= ,ate -- /? c AND NOW, 2011, E. Robert Elick' Esquire, is appo' ted Master with respect to the following c3Ins-:.j Divorce and all claims raised in the action. r`? By the Court: -= c:) ,Andrew C . Sheely, f?q, /l `J, Tt? s b. Gould, ES1 j o M, LON "i m rn r r? tT i ;;0 CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of the Motion for Appointment of Master upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Thomas D. Gould, Esquire 2 East Main Street Shiremanstown, PA 17011 June j , 2011 Andrew C. Sheely, Attorney 2 THOMAS L FILED-OFFICE Or THE PROTHONOTARY 2012 f EB 16 AM 10= 12 ZUVICH, ANO COONTYIN THE COURT OF COMMON PLEAS PLAINTISYLYANI? CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 5472 CIVIL TERM BENITA A. ZUVICH, IN DIVORCE DEFENDANT AFFIDAVIT OF SERVICE I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United States mail, certified, restricted delivery, on September 14, 2007, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the postal return receipt attached hereto, the Complaint was received by the Defendant on September 19, 2007. •• ...v ?uu?e?JtlO IO: f?\f V ?e , 9 (,W J 42A I ?. 9-191 So "7 ?? roue. 1'Vl echa n , c it ct ej> PA, ?7os s- I'b`? ;C TED DELIVERY 1dressee . L a w Delivery i Street >wn, PA ,?-- L461 ?Certi%d Mail 0 Express Mail Registered ? Return Receipt for Merchandise P Insurecr Mail ? C.O.D. (Transferfmmservkefatreq 7006 3450 0003 4846 5276 i,s Form 3811, February 2004 Domestic Return Receipt THOMAS L. ZUVICH, JR., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANI A V. NO. 2007 - 5472 CIVIL C11> EF9 j BENITA A. ZUVICH, IN DIVORCE cc -gam" DEFENDANT b Q =-n =o = -- D? C? ?e z AFFIDAVIT OF CONSENT .,.? .?. --C N ? 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 1.4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and corr?_?ct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. I) DATED: THOMAS L. ZUV H, JR. THOMAS L. ZUVICH, JR., PLAINTIFF V. BENITA A. ZUVICH, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 5472 IN DIVORCE CIVIL TERM 2 ?A A v -4 n x a ?? -? N3 :-V WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: - a - / 6 , i O'? ft tTrh?,J e,"a 4 THOMAS L. ZUVIC JR. Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) THOMAS L. ZUVICH, JR., Plaintiff VS. BENITA A. ZUVICH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA E"5 r.s 47..' CIVIL ACTION - LAWS . rn +F 2007 - 5472 CAr?p ?° r*? IN DIVORCE -<> -6 WAIVER OF NOTICE OF INTENTION TO REQUEST 2_p & ENTRY OF A DIVORCE DECREE UNDERCD r §3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: I }0%? Zlri 6LGGL /-Be uvic C) na 4= e? MW rv -n --? r ? MARITAL SETTLEMENT AGREEMENT y,c THIS AGREEMENT, made this / f 4-h day of February, 2012, by and betwea C5 ; -t r BENITA A. ZUVICH (hereinafter called "Wife") and THOMAS L. ZUVICH, JR., (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on May 2, 1981, and separated on or about May 1, 2007; and WHEREAS, there are three (3) children adult children of this marriage; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree 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 as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation, she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and Wife shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation, he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. JOINT DEBT. Husband and Wife acknowledge that the only remaining joint debt is the mortgage and note due Everhome Mortgage with an estimated balance due of $47,689.74. Wife shall assume full responsibility and liability for payment of the monthly mortgage and escrowed tax payment in the amount of $936.30 due Everhome Mortgage, and Wife agrees to indemnify and save Husband harmless from any loss he may sustain as a result of any default in payment of the monthly mortgage obligation, subject to further Wife's refinance of the Everhore Mortgage as set forth further in paragraph 7. 2 6. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. Husband and. Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 7. REAL ESTATE. Husband and Wife acknowledge that they are joint owners of the real estate located at 2196 Spring Run Drive, Mechanicsburg, Upper Allen, Pennsylvania, 17055 and that the martial residence has a value of $148,000.00. The marital residence is encumbered by a first mortgage with Everhome Mortgage with an estimated payoff of $47,689.74. The parties agree that Husband shall grant, transfer, relinquish and convey to Wife all of his right, title and interest in the marital residence located at 2196 Spring Run Drive, Mechanicsburg, Upper Allen, Pennsylvania, 17055. Husband shall execute a deed so trans- ferring his equitable interest in the said premises to Wife contemporaneously with the execution of this Agreement. Upon transfer of the marital residence to Wife from Husband and Wife, it is specifically understood and agreed that Wife hereby assumes sole responsibility for payment of the current mortgage and tax escrow payment in the amount of $936.30 with Everhome Mortgage. Wife further agrees that she shall satisfy and payoff the Everhome Mortgage through refinance or otherwise within a period of sixty (60) days after execution of this Agreement. Wife shall further be solely responsible for and hold Husband harmless from payment of all other real estate-related expenses and household expenses, including but not limited to taxes, insurance and utilities. 8. DIVISION OF PERSONAL PROPERTY, ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. Husband and Wife agreed that each party shall maintain and control the motor vehicle(s) and trailer presently in his or her possession. Husband agrees that he shall assist with removing his name from the 2004 Mazda Tribute and trailer presently used by Wife within a period of thirty (30) days after execution of this Agreement. Wife shall assume the title transfer fees associated with said changing title names and registration as required. 9. PENSIONS, IRA, 401(k) AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment, namely the following retirement benefits: A. Husband's Tyco Electronics Pension Plan. The parties acknowledge that Husband is the owner of a Tyco Electronics Pension Plan which provides for an accrued monthly benefit at age 65 in the amount of $572.35 per month. Husband and Wife agree that the Tyco Electronics Pension Plan maintains a present value of $35,646.07, and Wife hereby waives and shall forever relinquish to Husband any and all of her right, title and interest in Tyco Electronics Pension Plan pension plan. Wife hereby agrees to execute any and all documentation necessary to effectuate the terms herein contained. B. Husband's TE Benefits 401(k) . The parties acknowledge that Husband is the owner of a TE Benefits 401(k) with separation value of $118,542.97 and an estimated present value of approximately $133,515.00, including post-separation contributions. Husband and Wife agree that Husband shall cause and transfer an amount of Twenty Thousand Dollars ($20,000.00) from his TE Benefits 401(k) to a separate ERISA approved account owned by Wife. Husband and Wife agree to cooperate with executing any and all documents to effectuate this transfer, including the execution of a qualified domestic relations order if required by the 401(k) Plan Provider. Upon the rollover and payment of the amount of $20,000.00 to Wife's separate account, Wife hereby waives and shall forever relinquish to Husband any and all of her right, 4 title and interest in TE Benefits 401(k). Wife hereby agrees to execute any and all documentation necessary to effectuate the terms herein contained. C. Wife's Delta Dental Pension Plan. The parties acknowledge that Wife is the owner of a Delta Dental Pension Plan with a separation value of approximately $4,853.54 and a present value of approximately $14,719.26, including post-separation contributions. Husband and Wife agree that Wife shall maintain her Delta Dental Pension Plan, without further claim of Husband, and Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in the Delta Dental Pension Plan. Husband hereby agrees to execute any and all documentation necessary to effectuate the terms herein contained. D. Wife's Charles Schwab 401(k) . The parties acknowledge that Wife is the owner of a Charles Schwab 401(k) with a separation value of approximately $5,541.90 and a present value of approximately $18,342.50, including post-separation contributions. Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in Wife's Charles Schwab 401(k), without further claim of Husband, and Husband agrees to execute any and all documentation necessary to effectuate the terms herein contained. E. Wife's Primemerica IRA. The parties acknowledge that Wife is the owner of a Primeamerica IRA with a separation value of approximately $11,652.74 and a present value of approximately $12,286.78, including post-separation contributions. Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in Wife's Primeamerica IRA, without further claim of Husband, and Husband agrees to execute any and all documentation necessary to effectuate the terms herein contained. F. Wife's Vanguard IRA. The parties acknowledge that Wife is the owner of a Vanguard IRA with a separation value of approximately $19,172.46 and a present value of approximately $16,862.62, including post-separation contributions. Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in Wife's Vanguard IRA, without further claim of Husband, and Husband agrees to execute any and all documentation necessary to effectuate the terms herein contained. G. Wife's T.RowePrice IRA. The parties acknowledge that Wife is the owner of a T.RowePrice IRA with a separation value of approximately $12,800.71 and a present value of approximately $15,473,58, including post-separation contributions. Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in Wife's Vanguard IRA, without further claim of Husband, and Husband agrees to execute any and all documentation necessary to effectuate the terms herein contained. 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife acknowledge that Husband's annual salary or compensation has exceeded $42,000.00 and that Wife's an annual salary has exceeded $35,000.00. The parties hereby acknowledge that they are familiar with the incomes on each other, and the parties agree to make no claim for alimony, alimony pendente lite or spousal support now or at any future time, or in connection with the pending divorce action between the parties. 1 l . COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 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' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 13. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them 6 14. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 15. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. 16. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 17. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. The parties hereto have had the opportunity to employ legal counsel to review the terms of this Agreement, and that each party is aware of his or her right to have the provisions of this Agreement and their legal effect fully explained to the. The parties hereto acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 19. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby 7 waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 20. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard. to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver or any subsequent default of the same or similar nature. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS , Og ITNESS THOMAS L. ZUVICH, JR. r Zit"G- _ l??Ilj ENITA A. Z VI 9 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the I ("- day of February, 2012, before me, the undersigned officer, personally appeared Benita A. Zuvich, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary P lic My Commission Expires: NOTARIAL. SEAT. BECKY M. K05MY, Ndtury Pubk Medwn Boca, Cumberland Co. My Commission bom Nw.19, 19,201 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the day of February, 2012, before me, the undersigned officer, personally appeared Thomas L. Zuvich, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: 10 THOMAS L. ZUVICH, JR., IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-5472 CIVIL TERM BENITA A. ZUVICH, IN DIVORCE DEFENDANT car PRAECI PE TO TRANSMIT RECORD c -{? N) ?, c, n . To the Prothonotary: ? , Transmit the record, together with the following info-l?ma?-14orr' to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. ?. Date and manner of service of the complaint: On September 19, 20C7, by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Flaintiff, February 16, 2012; Fy Defendant, February 15, 2012. ?. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) divorce was fi16,d with the Prothonotary on February 16, 2012. Date Defendant's rV4aiver of Notice in F 3301(c) divorce was filed with the Prothonotary on February 16, 2012. Thomas D. Gould, Esquire THOMAS L. ZUVICH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 5,172 CIVIL BENITA A. ZURICH, Defendant IN DIVORCE ORDER OF COURT AND NOW, this O?J-n, ( day of 2012, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated February 15, 2012, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree =_n divorce.. BY THE COURT, cc: /ge-? Kevi Hess, P. J. Thomas D. Gould Attorney for Plaintiff c ; i ?Andrew C. Sheely T)'3 rnw eV rn ?a m-' Attorney for Defendant cnt?- co -v= <> - ? c <? T- -n m n 3 Q •W MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this * day of February, 2012, by and between BENITA A. ZUVICH (hereinafter called "Wife") and THOMAS L. ZUVICH, JR., (hereinafter called "Husband"). WITNESSETH: WHEREAS, Husband and Wife were married on May 2, 1981, and separated on or about May 1, 2007; and WHEREAS, there are three (3) children adult children of this marriage; and WHEREAS, the parties hereto desire to fix and determine by this Marital Settlement Agreement the rights and claims that have accrued to each of them in the estate and real and personal property of the other by reason of the marriage, and all economic rights of every kind and description arising from the marital relationship, including but not limited to present and future rights of inheritance, support, maintenance, alimony, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims. NOW, THEREFORE, in consideration of the premises and of the marriage, and in further consideration of the mutual promises and undertakings hereinafter set forth, each intending to be legally bound hereby, the parties agree as follows: SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this Agreement. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that as of the date of separation, she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and Wife shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by Wife. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of the separation, he has not incurred, and in the future he will not contract or incur, any debt or liability for which Wife or her estate might be responsible and Husband shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Any and all loans, and/or debts and charge accounts, presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 5. JOINT DEBT. Husband and Wife acknowledge that the only remaining joint debt is the mortgage and note due Everhome Mortgage with an estimated balance due of $47,689.74. Wife shall assume full responsibility and liability for payment of the monthly mortgage and escrowed tax payment in the amount of $936.30 due Everhome Mortgage, and Wife agrees to indemnify and save Husband harmless from any loss he may sustain as a result of any default in payment of the monthly mortgage obligation, subject to further Wife's refinance of the Everhome Mortgage as set forth further in paragraph 7. 2 6. EQUITABLE DISTRIBUTION. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution. and division of marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for the equitable distribution of their property by any court of competent jurisdiction pursuant to Section 3502 of The Divorce Code or any other laws. Husband and. Wife voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 7. REAL ESTATE. Husband and Wife acknowledge that they are joint owners of the real estate located at 2196 Spring Run Drive, Mechanicsburg, Upper Allen, Pennsylvania, 17055 and that the martial residence has a value of $148,000.00. The marital residence is encumbered by a first mortgage with Everhome Mortgage with an estimated payoff of $47,689.74. The parties agree that Husband shall grant, transfer, relinquish and convey to Wife all of his right, title and interest in the marital residence located at 2196 Spring Run Drive, Mechanicsburg, Upper Allen, Pennsylvania, 17055. Husband shall execute a deed so trans- ferring his equitable interest in the said premises to Wife contemporaneously with the execution of this Agreement. Upon transfer of the marital residence to Wife from Husband and Wife, it is specifically understood and agreed that Wife hereby assumes sole responsibility for payment of the current mortgage and tax escrow payment in the amount of $936.30 with Everhome Mortgage. Wife further agrees that she shall satisfy and payoff the Everhome Mortgage through refinance or otherwise within a period of sixty (60) days after execution of this Agreement. Wife shall further be solely responsible for and hold Husband harmless from payment of all other real estate-related expenses and household expenses, including but not limited to taxes, insurance and utilities. 8. DIVISION OF PERSONAL PROPERTY, ACCOUNTS AND VEHICLES. The parties have divided between them, to their mutual satisfaction, the personal effects, bank accounts, household furniture and furnishings and all other articles of personal property which have heretofore been used by them in common. Husband and Wife agreed that each party shall maintain and control the motor vehicle(s) and trailer presently in his or her possession. Husband agrees that he shall assist with removing his name from the 2004 Mazda Tribute and trailer presently used by Wife within a period of thirty (30) days after execution of this Agreement. Wife shall assume the title transfer fees associated with said changing title names and registration as required. 9. PENSIONS, IRA, 401(k) AND EMPLOYMENT BENEFITS. Husband and Wife are the owners of certain pension plans and/or retirement plans and/or employee stock or savings plans, which they have accumulated during the course of their past and/or present employment, namely the following retirement benefits: A. Husband's Tyco Electronics Pension Plan. The parties acknowledge that Husband is the owner of a Tyco Electronics Pension Plan which provides for an accrued monthly benefit at age 65 in the amount of $572.35 per month. Husband and Wife agree that the Tyco Electronics Pension Plan maintains a present value of $35,646.07, and Wife hereby waives and shall forever relinquish to Husband any and all of her right, title and interest in Tyco Electronics Pension Plan pension plan. Wife hereby agrees to execute any and all documentation necessary to effectuate the terms herein contained. B. Husband's TE Benefits 401(k) . The parties acknowledge that Husband is the owner of a TE Benefits 401(k) with separation value of $118,542.97 and an estimated present value of approximately $133,515.00, including post-separation contributions. Husband and Wife agree that Husband shall cause and transfer an amount of Twenty Thousand Dollars ($20,000.00) from his TE Benefits 401(k) to a separate ERISA approved account owned by Wife. Husband and Wife agree to cooperate with executing any and all documents to effectuate this transfer, including the execution of a qualified domestic relations order if required by the 401(k) Plan Provider. Upon the rollover and payment of the amount of $20,000.00 to Wife's separate account, Wife hereby waives and shall forever relinquish to Husband any and all of her right, 4 title and interest in TE Benefits 401(k). Wife hereby agrees to execute any and all documentation necessary to effectuate the terms herein contained. C. Wife's Delta Dental Pension Plan. The parties acknowledge that Wife is the owner of a Delta Dental Pension Plan with a separation value of approximately $4,853.54 and a present value of approximately $14,719.26, including post-separation contributions. Husband and Wife agree that Wife shall maintain her Delta Dental Pension Plan, without further claim of Husband, and Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in the Delta Dental Pension Plan. Husband hereby agrees to execute any and all documentation necessary to effectuate the terms herein contained. D. Wife's Charles Schwab 401(k) . The parties acknowledge that Wife is the owner of a Charles Schwab 401(k) with a separation value of approximately $5,541.90 and a present value of approximately $18,342.50, including post-separation contributions. Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in Wife's Charles Schwab 401(k), without further claim of Husband, and Husband agrees to execute any and all documentation necessary to effectuate the terms herein contained. E. Wife's Primemerica IRA. The parties acknowledge that Wife is the owner of a Primeamerica IRA with a separation value of approximately $11.652.74 and a present value of approximately $12,286.78, including post-separation contributions. Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in Wife's Primeamerica IRA, without further claim of Husband, and Husband agrees to execute any and all documentation necessary to effectuate the terms herein contained. F. Wife's Vanguard IRA. The parties acknowledge that Wife is the owner of a Vanguard IRA with a separation value of approximately $19,172.46 and a present value of approximately $16,862.62, including post-separation contributions. Husband hereby waives and shall forever relinquish to Wife any and all of his right, title and interest in Wife's Vanguard IRA, without further claim of Husband, and Husband agrees to execute any and all documentation necessary to effectuate the terms herein contained. G. Wife's T.RowePrice IRA. The parties acknowledge that Wife is the owner of a T.RowePrice IRA with a separation value of approximately $12,800.71 and a present value of approximately $15,473,58, including post-separation contributions. Husband hereby waives and 5 shall forever relinquish to Wife any and all of his right, title and. interest in Wife's Vanguard IRA, without further claim of Husband, and Husband agrees to execute any and all documentation necessary to effectuate the terms herein contained. 10. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife acknowledge that Husband's annual salary or compensation has exceeded $42,000.00 and that Wife's an annual salary has exceeded $35,000.00. The parties hereby acknowledge that they are familiar with the incomes on each other, and the parties agree to make no claim for alimony, alimony pendente lite or spousal support now or at any future time, or in connection with the pending divorce action between the parties. 11. COUNSEL FEES. Husband and Wife agree to be solely responsible for payment of his or her attorney fees in connection with this Agreement and the pending divorce action between the parties. 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' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 13. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or does not make a reasonable provision for one or the other of them 6 14. SUBSEQUENT DIVORCE. Nothing herein contained shall be deemed to prevent either of the parties from maintaining a suit for absolute divorce against the other in any jurisdiction, nor to bar the other from demanding any such suit. 15. NO-FAULT DIVORCE. Both parties agree to execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree to facilitate entry of a divorce decree pursuant to Section 3301(c) of the Divorce Code contemporaneously with execution of this Agreement. 16. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at his or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 17. 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, including Deeds and other real estate-related documents, titles, pension documents, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. The parties hereto have had the opportunity to employ legal counsel to review the terms of this Agreement, and that each party is aware of his or her right to have the provisions of this Agreement and their legal effect fully explained to the. The parties hereto acknowledges that the Agreement is fair and equitable, that full disclosure has been made by each respective party to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by them respectively. 19. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby 7 waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 20. INCORPORATION OF AGREEMENT FOR ENFORCEMENT. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives and assigns. This Agreement shall survive a decree of divorce between the parties in any jurisdiction and any other order which may be entered in accordance with this Agreement. In the event that a Decree of Divorce is entered in the Court of Common Pleas of Cumberland County, Pennsylvania or in the event that a Decree in Divorce is entered in any other jurisdiction, the parties agree to incorporate this Agreement in the Divorce Decree for purposes of enforcement. It is the specific intent of the parties to be bound by the provisions hereof in lieu of any other claim or order of support, maintenance, alimony, equitable distribution, counsel fees, costs, maintenance of insurance, equitable relief or property settlement or with regard to any other provision hereof. In the event that any final order of court is entered in any jurisdiction with respect to the parties hereto which is contrary to the provisions hereof, then the rights and responsibilities of each of the parties hereto shall be relieved or adjusted to the extent necessary to conform to this Agreement. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of 8 any of the provisions of this Agreement shall not be construed as a waiver or any subsequent default of the same or similar nature. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 24. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division-distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ILI,cr" 6. -x";u _ WITNESS 1 I NESS F THOMAS L. ZUVIC JR. BENITA A. ZOVICII/ J 9 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On this, thiir+"Iday of February, 2012, before me, the undersigned officer, personally appeared Benita A. Zuvich, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 1 Notat blic M Commission Expires: NOTARIAL SEAL BEQ(Y M. KNISMY, Notuy KMc Medank6n Bozo, Cumberland Co. My Condon E Nov 19, 2014 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this, the day of February, 2012, before me, the undersigned officer, personally appeared Thomas L. Zuvich, Jr., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public My Commission Expires: l lw?C7J?'dZ OOMMQMWEALTH OF PB"YLVANI a Notarial seal Valerie S. Priest. Notary Public Ha rgdw Twp., Cwnberiatwi County My Conwr Wft Bon Nov. 30, 2012 MEMBER, PENrEyLvAN A ASS"TTON OF NOTARIEF 10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA THOMAS L. ZIIVICH, JR. V. BENITA A_ ZUVICH NO. 2007 - 5472 CIVIL TERM DIVORCE DECREE AND NOW, / G?•rL?•cl Z , it is ordered and decreed that THOMAS L. ZUVICH, JR. , plaintiff, and BENITA A. ZUVICH , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Marital Settlement Agreement dated February 15, 2012 is hereby incorporated into this Divorce Decree. By the Court, Attest: J. Prothonotary fG? ?' yh ?? ? • ?-g ' 12 t©? ,gat I THOMAS L. ZUVICH, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW 2007-5472 BENITA A. ZUVICH, Defendant : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER IN RE: PLAINTIFF'S TE BENEFITS 401(K) PLAN zfh 29 day of February, 2012, the following is approved AND NOW, this and entered as an Order of Court in the above-captioned Divorce action. This order creates and recognizes the existence of an alternate payee's right to receive a portion of the participant's benefits payable under an employer-sponsored defined contribution plan, which is qualified under Section 401 of the Internal Revenue Code (the "Code"). This Order is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This order is entered pursuant to the authority granted under the applicable domestic relations laws of the Commonwealth of Pennsylvania. 1. Plan. This order applies to the Tyco Electronics Corporation Retirement Savings and Investment Plan. Any successor to this plan shall also be subject to the terms of the order. 2. Participant The name, address, Social Security number, and date of birth of the Participant are as follows: Name: THOMAS L. ZUVICH, JR Address: 1113 Apple Drive, Apt 11, Mechanicsburg, PA 17055 Social Security Number: XXX-XX-2553 Date of Birth: June 14, 1957 3. Alternate Payee The person names as alternate payee meets the requirements of the definition of alternate payee as set forth in Section 4 of this order. The alternate payee's name, address, Social Security number, date of birth, and relationship to the participant are as follows: Name: BENITA A. ZUVICH Address: 2196 Spring Run Drive, Mechanicsburg, PA 17055 Social Security Number: XXX-XX-1473 Date of Birth: July 3, 1957 Relationship to Participant: Spouse (or former spouse) The alternate payee shall be responsible for notifying the Plan Administrator in writing of any changes in her mailing address subsequent to the submission of this Order. 4. Definitions Alternate Payee-- The alternate payee is any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order having a right to receive all or a portion of the benefits payable under the Plan with respect to the participant. Liquidation Date-- The liquidation date is the date the amount assigned to the alternate payee is transferred from the participant's Vested Account Balance to a separate account established for the alternate payee in accordance with the terms of the QDRO. An assignment as of the liquidation date assigns a portion of the participant's current Vested Account Balance. Plan Administrator-TE Connectivity ("Tyco") is the Plan Administrator for TE Connectivity's plans. TE Connectivity has contracted with Hewitt Associates LLC to process domestic relations orders in accordance with TE Connectivity QDRO requirements. Hewitt's Qualified Order Team will conduct the qualification process. 2 Valuation Date--The Valuation Date is the date on which the participant's Vested Account Balance will be valued in order to determine the alternate payee's designated portion in accordance with the terms of this order. Accounts are valued on a daily basis. Vested Account Balance-The participant's Vested Account Balance is the dollar amount the participant has a nonforfeitable right to receive from the Plan. 5. Benefit Payable to Alternate Payee This order assigns to the alternate payee an amount equal to Twenty Thousand Dollars ($20,000.00) of the participant's Vested Account Balance under the Plan (identified in Section 1) as of the liquidation date. If the assigned amount as of the Valuation Date is greater than the full vested amount of the participant's account as of that date (after any outstanding loan balances and /or withdrawals have been deducted), the net Vested Account Balance will be the assigned amount. 6. Form of Payment The alternate payee shall receive the portion of the plan benefits assigned to the alternate payee in a single lump-sum payment. Such amount shall be adjusted for earnings and losses from the liquidation date to the date of distribution to the alternate payee. 7. Commencement The alternate payee shall be eligible to receive payment as soon as administratively reasonable following the determination that this order is a Qualified Domestic Relations Order. In no event can the alternate payee begin his or her benefit later than April 1 following the year in which the participant attains age 70-1/2. 8. Death Procedures If the participant predeceases the alternate payee prior to payment of the alternate payee's assigned benefits under the QDRO, the alternate payee's benefits will not be affected. In the event of the participant's death, the account balance, which remains the property of the participant, will be payable to the participant's designated beneficiary or in accordance with Plan provisions. This order does not require the participant to name the alternate payee as the beneficiary for the benefits not assigned to the alternate payee. In case of the death of the alternate payee prior to distribution of the alternate payee's benefits under the QDRO, the assigned benefits will be paid to the alternate payee's designated beneficiary or, if none, in accordance with Plan provisions. 9. Retention of Jurisdiction This matter arises from an action for divorce or legal separation in this Court under the case number set forth at the beginning of this order. Accordingly, this court has jurisdiction to issue this order. In the event the Plan Administrator determines that this order is not a Qualified Domestic Relations Order, both parties shall cooperate with the Plan Administrator in making any changes needed for it to become qualified. This includes signing all necessary documents. For the purpose, this Court expressly reserves jurisdiction over the dissolution proceedings involving the participant, the alternate payee, and the participant's interests in the Plan. 10. Limitations Pursuant to Section 414(p)(3) of the Code and except as provided by Section 414(p)(4), this order: (i) Does not require the Plan to provide any type or form of benefits, or any option, not otherwise provided under the Plan; (ii) Does not require the Plan to provide increased benefits; and (iii) Does not requirement the payment benefits to an alternate payee that is required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order. 11. Taxation. For purposes of Sections 402 and 72 of the Code, any alternate payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distribution or payments made to the alternate payee under the terms of the order and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distribution. 12. Construction Receipt If the Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee pursuant to the terms of this order, the participant will immediately reimburse the Plan to the extent the participant has received such benefit payments and shall forthwith pay such amounts so received to the Plan within tent (10) days of receipt. If the Plan inadvertently pays to the alternate payee any benefit that is actually payable to the participant, the alternate payee must make immediate reimbursement. The alternate payee must reimburse the Plan to the extent he or she has received such benefit payments and shall forthwith pay such amount so received to the Plan within ten (10) days of receipt. 4 13. Effect of Plan Termination If the Plan is terminated, the alternate payee shall be entitled to receive her portion of the participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 14. Certification of Necessary Information All payments made pursuant to this order shall be conditioned on the certification by the alternate payee and the participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. BY THE COURT, Approved by: Partici ant ]ternate Payee e. SheeC D. 0aut ,21.2 1A.? /ft _ 1- /4- J;? Date Date C 171 rrjW OD C) 1 ON ...