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HomeMy WebLinkAbout03-5223SHERYL A. STECK, Plaintiff ALAN E. STECK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : 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 in 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 SHERYL A. STECK, Plaintiff ALAN E. STECK, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ff)~ -- ..~,~,~ : : CIVIL ACTION - LAW : 1N DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Sheryl A. Steck, an adult individual currently residing at 169 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant is Alan E. Steck, an adult individual residing at 1713 Sherwood Drive, New Cumberland, Cumberland County, Pennsylvania. 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 18, 1982, in York County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about September 5, 2003. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about September 5, 2003. 9. Plaintiff and Defendant have one child under the age of eighteen, namely Justin L. Steck, born September 14, 1987. 10. Plaimiffhas been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 11. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. Date: q/sq lob Respectf]~mitted, THE~W .~l~FI~;g OF uire~/ ~59'f~ Linglestown R~ad Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff AFFIDAVIT I, ~ ~'~'~ ~c~, hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statemems herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unswom falsifications to authorities. Dated: SHERYL A. STECK, Plaintiff ALAN E. STECK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 2003 05223 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 2, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. SHERYL A. STECK, ALAN E. STECK, Plaintiff De~ndant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2003 05223 : : CIVIL ACTION - LAW : IN DIVORCE 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: (name) SHERYL A. STECK, Plaintiff ALAN E. STECK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2003 05223 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 2, 2003. 2. The marriage of the Plaintiffand Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsifications to authorities. (nme) SHERYL A. STECK, Plaintiff ALAN E. STECK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 2003 05223 : : CIVIL ACTION - LAW : IN DIVORCE 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: (name) MARRIAGE SETTLEMENT AGREEMENT By and between SHERYL A. STECK - AND - ALAN E. STECK Dated: //o / / _~ ,2003 INDEX PAGE 1. Divorce and Separation ................................................................ 4 2. Division of Property ..................................................................... 4 3. Child Custody ............................................................................... 6 4. College Education ........................................................................ 7 5. Income Tax Prior Returns ............................................................ 7 6. Execution of Additional Documents ........................................... 7 7. Transfers Subject to Liens ........................................................... 8 8. Complete Listing of Property ...................................................... 8 9. Equitable Distribution of Property .............................................. 8 I0. Relinquishment of Ownership ..................................................... 9 11. After-Acquired Property .............................................................. 9 12. Debts ............................................................................................. 9 13. Bankruptcy · - · .................... 10 14. Health Insurance ........................................................................... 11 15. Alimony ........................................................................................ 11 16. Full Disclosure 17. Releases ........................................................................................ 12 18. Indemnification 19. General Provisions 20. Fair and Equitable Contents ......................................................... 13 21. Breach ........................................................................................... 13 22. Independent Separate Covenants ................................................. 14 23. Void Clauses ................................................................................ 14 24. Execution of Documents .............................................................. 14 25. Applicable Law ............................................................................ 14 26. Non-Merger .................................................................................. 14 27. Disclosure and Waiver of Procedural Rights ............................... 15 28. Tax Advice ................................................................................... 16 29. Representation of Parties Signature Page .............................................................................. 17 Acknowledgement Page ............................................................... 18 2 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this /,~dday 0~_.<~.~,/2003, by and between Sheryl A. Steck -AND- Alan E. Steck, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been married on September 18, 1982, at York County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on September 5, 2003. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right 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 whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. It is acknowledged that Husband has accumulated pension benefits and/or a 401K plan during the course of his employment with various companies. It is agreed between the parties that Husband shall retain any and all pension plans and/or retirement plans and/or employee stock option plans or thrift savings plans, and/or 401K plans as well as any other employment benefits, which he has accumulated during the course of his past and/or present employment. 4 B. The following shall become the sole and exclusive property of Wife: 1. It is acknowledged that Wife has accumulated pension benefits as well as 401K benefits through her employment with Nationwide Insurance Company. Wife shall retain said assets, except for the following two distributions from her 401K. Specifically, Wife shall convey unto Husband an amount equal to $32,000, to be accomplished by a Qualified Domestic Relations Order rolling the money over from her 401K plan over into Husband's 401K plan. 2. Wife shall become the sole and exclusive owner of the marital residence located at 169 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania. Husband shall execute a Deed transferring any and all right, title, or interest he has in said marital residence over unto Wife. In furtherance thereto, Wife shall transfer an additional $28,000 from her 401K plan into Husband's 401K plan. This shall be accomplished by way of a Qualified Domestic Relations Order. Furthermore, Wife shall refinance the mortgage on said marital residence within six months from the date of this Agreement in order to remove Husband's name from said obligation. Furthermore, Wife shall be responsible for all costs regarding the said marital residence, including mortgage payments, taxes, and insurm~ce. 5 3. Therefore, based on the aforegoing, Wife shall transfer/roll over the total sum of $60,000 from her 401K plan pursuant to paragraphs 2.B.1. and 2.B.2. over unto Husband's 401K plan or similar IRA plan, by way of a Qualified Domestic Relations Order. All other retirement funds in her name shall remain her property. Furthermore, any cost involved in preparing a Qualified Domestic Relations Order shall be shared equally by the parties. Husband shall be responsible for any taxes that may become due in the event he opts to use any funds from Wife's pension for any purpose other than a deposit into his own retirement account. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. However, it is further understood that Husband shall be allowed to store property at the marital residence for a reasonable amount of time. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Child Custody. The parties hereby acknowledge that they are the natural parents of Justin Steck, age 16, and Tyler Steck, age 18. The parties shall have shared legal custody of these children, and they shall reside with Wife. Husband shall be entitled to reasonable, liberal, and indeed frequent periods of partial custody, with the exact details to be agreed upon between the parties. Wife hereby specifically 6 acknowledges her responsibility to take whatever steps are necessary to ensure that Husband and children have frequent and indeed quality time with each other. 4. College Education. Husband and Wife acknowledge their mutual desire and intent that their children Tyler and Justin attend college on a full-time basis following graduation from high school. The parties hereto further covenant and agree that each shall equally contribute to the college tuition and expenses of the children in the event either child becomes a full-time student following graduation from high school. Specifically, each party shall pay one-half of college tuition and expenses after grants, scholarships, loans and monies earned by the child for his college education are deducted. 5. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 6. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 7. Transfers Subiect to Lien~. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 8. Complete Listing of Property.. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. Therefore, each of the parties hereby waives their right to request a formal accounting and/or appraisal regarding the values of any and all assets or debts as stated herein. 9. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute i~ any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 10. Relinquishment of Ownership. Except as provided herein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 11. After-Aequired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were married. 12. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: Husband shall be responsible for the credit card in his name which is currently in the approximate amount of $2,000. Husband shall also be responsible to pay unto Wife the sum of $630 as repayment of his personal taxes which she has already paid on his behalf. Likewise, Husband shall pay $570 unto Wife as his share of the cost of their son's computer. Wife shall be responsible for the mortgage, any and all home equity loans, and other costs associated with the marital home located at 169 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania. Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband for any of the debt set forth herein above, Wife will at her sole expense, defend Husband against any such claim or demand, whether or not well-founded, and that she will 9 .55¸ indemnify and hold harmless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made: against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Bankruptcy or Reor,,anization Proceedino. a. 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 iherein. 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 terminate this Agreement in 10 which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 14. Health Insurance. The parties mutually agree that Wife shall maintain Husband on her health insurance through her employment at Nationwide Insurance until on or about December 31, 2003. Thereafter, it shall be Husband's responsibility to obtain his own insurance through his position of employment, or any other source that he may choose. It is also understood that effective January 1, 2004, Wife shall continue to maintain the children on her health insurance policy through work. Husband shall equally share the cost per child per year. It is believed that this will cost approximately $390 per child per year. 15. Alimony. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 16. Full Disclosure. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed an Inventory and Appraisement as required by §3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim fur equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 11 17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws,, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 18. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in 12 this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Itusband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 19. General Provisions, 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. 20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to 13 sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 22. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 23. Void Clauses. If any term, condition, clause 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 rome, effect and operation. 24. Execution of Documents. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 25. Applicable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of 14 enforcement only into any Decree in Divome which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 27. Disclosure and Waiver of Procedural Rights. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her hest interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. 15 e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 28. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that the3, have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 16 29. Representation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T. Silliker, Esquire. Husband has been represented by Jane M. Alexander, Esquire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day~~ Alan E. Steck 17 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF : SS: · -v.~.~-. , , me buoscrmer, a Notary Pubhc, for the Commonwealth of Pennsylvania, came Sheryl A. Steck, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. Sheryl A. ~[~ck Witness my hand and Notarial seal, the day and year aforesaid. otary Public ~ My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On this~day of .7'~.~.~--~-/-~ , 2003, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Alan E. Steck, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. Alan E. Steck Witness my hand and Notarial seal, the day and year aforesaid. 18 -- My Commission Expires: E~lv~d E. Alexander, No~ ~blic Dillsburg Bom York County My Com~ssion Expires Apr 23{2~5 M~r, Penn~nia ~ia~ of NO~es SHERYL A. STECK, Plaintiff ALAN E. STECK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5223 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECOR[} To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section tX) 3301 (c) ( ) 3301 (d) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: October 11, 2003, by Certified Mail 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: January 22, 2004, by Plaintiff, January 30, 2004, by Defendant. (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 29, 2004. Date Defendant's Waiver of Notice in §3301(c) Divorce was flied with the Prothonotary: February 18, 2004. 6. Social Security Numbers: (a) Plaintiff: 170-48-0301 (b) Defendant: 184-48-7859 A~ey~or Plaintiff SHERYL A. STECK, Plaintiff ALAN E. STECK, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-5223 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Complaint in Divorce was served upon Alan E. Steck, on October 11, 2003, by Certified Mail, return receipt requested, addressed as follows: Alan E. Steck 1713 Sherwood Drive New Cumberland, PA 17070 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. {}4904 relating to unswom falsification to authorities. Renee Dreisbach · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you, · Attach this card to the back of the mailpiece, o~ on the front if space permits. 1. A~icle Addressed to: 3. Seevlce Type ~ertifled Mail [] Registered 2. Nticle Number PS Form 3811, August 2001 7001 1940 0006 2489 0432 MARRIAGE SETTLEMENT AGREEMENT By and between SHERYL A. STECK - AND - ALAN E. STECK Dated: INDEX PAGE 1. Divorce and Separation ................................................................ 4 2. Division of Property ..................................................................... 4 3. Child Custody .............................................................................. 6 4. College Education ........................................................................ 7 5. Income Tax Prior Returns ............................................................ 7 6. Execution of Additional Documents 7. Transfers Subject to Liens ........................................................... 8 8. Complete Listing of Property ...................................................... 8 9. Equitable Distribution of Property .............................................. 8 10. Relinquishment of Ownership ..................................................... 9 11. After-Acquired Property .............................................................. 9 12. Debts ............................................................................................. 9 13. Bankruptcy ..... 14. Health Insurance ........................................................................... I 1 15. Alimony ........................................................................................ 11 16. Full Disclosure ................. . .............. 11 17. Releases ........................... 18. Indemnification .................................................... 12 19. General Provisions ....................................................................... 13 20. Fair and Equitable Contents .... . .......... 13 21. Breach ........................................................................................... 13 22. Independent Separate Covenants ................................................. 14 23. Void Clauses ................................................................................ 14 24. Execution of Documents .............................................................. 14 25. Applicable Law ............................................................................ 14 26. Non-Merger .................................................................................. 14 27. Disclosure and Waiver of Procedural Rights .............................. 15 28. Tax Advice ................................................................................... 16 29. Representation of Parties ............................................................. 17 Signature Page .............................................................................. 17 Acknowledgement Page ............................................................... 18 MARRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this /~day ~w2003' and between Sheryl A. Steck -AND- Alan E. Steak, at Harrisburg, Pennsylvania. by WHEREAS, the parties hereto are husband and wife, having been married on September 18, 1982, at York Connty, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on September 5, 2003. NOW, THEREFORE, in consideration of the aforegoing premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 3 1. Divorce and Separation. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right 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 whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. It is acknowledged that Husband has accumulated pension benefits and/or a 401K plan during the course of his employment with various companies. It is agreed between the parties that Husband shall retain any and all pension plans and/or retirement plans and/or employee stock option plans or thrift savings plans, and/or 401K plans as well as any other employment benefits, which he has accumulated during the course of his past and/or present employment. 4 B. The following shall become the sole and exclusive property of Wife: 1. It is acknowledged that Wife has accumulated pension benefits as well as 401K benefits through her employment with Nationwide Insurance Company. Wife shall retain said assets, except for the following two distributions from her 401K. Specifically, Wife shall convey unto Husband an amount equal to $32,000, to be accomplished by a Qualified Domestic Relations Order rolling the money over from her 401K plan over into Husband's 401K plan. 2. Wife shall become the sole and exclusive owner of the marital residence located at 169 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania. Husband shall execute a Deed transferring any and all right, title, or interest he has in said marital residence over unto Wife. In furtherance thereto, Wife shall transfer an additional $28,000 from her 401K plan into Husband's 401K plan. This shall be accomplished by way of a Qualified Domestic Relations Order. Furthermore, Wife shall refinance the mortgage on said marital residence within six months from the date of this Agreement in order to remove Husband's name from said obligation. Furthermore, Wife shall be responsible for all costs regarding the said marital residence, including mortgage payments, taxes, and insurance. 3. Therefore, based on the aforegoing, Wife shall transfer/roll over the total sum of $60,000 from her 401K plan pursuant to paragraphs 2.B. 1. and 2.B.2. over unto Husband's 401K plan or similar IRA plan, by way of a Qualified Domestic Relations Order. All other retirement funds in her name shall remain her property. Furthermore, any cost involved in preparing a Qualified Domestic Relations Order shall be shared equally by the parties. Husband shall be responsible for any taxes that may become due in the event he opts to use any funds from Wife's pension for any purpose other than a deposit into his own retirement account. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each party respectively. However, it is further understood that Husband shall be allowed to store property at the marital residence for a reasonable amount of time. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Child Custody. The parties hereby acknowledge that they are the natural parents of Justin Steck, age 16, and Tyler Steck, age 18. The parties shall have shared legal custody of these children, and they shall reside with Wife. Husband shall be entitled to reasonable, liberal, and indeed frequent periods of partial custody, with the exact details to be agreed upon between the parties. Wife hereby specifically 6 acknowledges her responsibility to take whatever steps are necessary to ensure that Husband and children have frequent and indeed quality time with each other. 4. College Education. Husband and Wife acknowledge their mutual desire and intent that their children Tyler and Justin attend college on a full-time basis following graduation from high school. The parties hereto further covenant and agree that each shall equally contribute to the college tuition and expenses of the children in the event either child becomes a full-time student following graduation from high school. Specifically, each party shall pay one-half of college tuition and expenses after grants, scholarships, loans and monies earned by the child for his college education are deducted. 5. Income Tax Prior Returns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 6. Execution of Additional Documents. The parties agree to each sign Affidavits of Consent upon the expiration of ninety (90) days following the filing and service of the Divorce Complaint. The parties agree to execute any deeds, 7 assignments, titles or other instruments necessary and appropriate to accomplish the aforesaid division of property. 7. Transfers Subiect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 8. Complete Listing of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or charge except those which are disclosed herein. Therefore, each of the parties hereby waives their right to request a formal accounting and/or appraisal regarding the values of any and all assets or debts as stated herein. 9. Equitable Distribution of Property. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. 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 effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein as non-taxable. 10. Relinquishment of Ownership. Except as provided herein, Husband Forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she may now or hereafter have in any assets now belonging to Husband. 11. After-Acquired Property. Each of the parties shall hereafter own and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 12. Debts. A. Husband and Wife agree to be responsible for the joint debts of the parties as follows: Husband shall be responsible for the credit card in his name which is currently in the approximate amount of $2,000. Husband shall also be responsible to pay unto Wife the sum of $630 as repayment of his personal taxes which she has already paid on his behalf. Likewise, Husband shall pay $570 unto Wife as his share of the cost of their son's computer. Wife shall be responsible for the mortgage, any and all home equity loans, and other costs associated with the marital home located at 169 Brindle Road, Mechanicsburg, Cumberland County, Pennsylvania. Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband for any of'the debt set forth herein above, Wife will at her sole expense, defend Husband against any such claim or demand, whether or not well-founded, and that she will 9 .55¸ indemnify and hold harmless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reason of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 13. Bankruptcy or Reorganization Proceedings. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and ail 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 terminate this Agreement in 10 which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 14. Health.Insurance. The parties mutually agree that Wife shall maintain Husband on her health insurance through her employment at Nationwide Insurance until on or about December 31, 2003. Thereafter, it shall be Husband's responsibility to obtain his own insurance through his position of employment, or any other source that he may choose. It is also understood that effective January 1, 2004, Wife shall continue to maintain the children on her health insurance policy through work. Husband shall equally share the cost per child per year. It is believed that this will cost approximately $390 per child per year. 15. Alimony. The parties mutually agree to forego or waive any right to alimony, alimony pendente lite, and spousal support. 16. Full Disclosure. Each party hereto confirms that he or she has relied on the completeness and substantial accuracy of financial disclosures of the other as an inducement to enter into this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither has filed an Inventory and Appraisement as required by ~3505(b) of the Pennsylvania Divorce Code. The rights of either party to pursue a claim for equitable distribution of any interest owned by the other party in an asset prior to the date of execution hereof which interest was not disclosed or known by the other party or his or her counsel prior to the execution of this Agreement is expressly reserved. 11 17. Releases. Each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 18. Indemnification. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enfoming this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in 12 this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 19. General Provisions_ 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. 20. Fair and Equitable Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advise from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 21. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to 13 sue for specific performance, or to seek any other legal remedies as may be available, and the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. 22. Independent Separate Covenants. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 23. Void Clauses. If any term, condition, clause 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. 24. Execution of Documenta. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 25. A~_p_]lieable Law. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. Non-Merger. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the purposes of 14 5¸5 enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 27. Disclosure and Waiver of Procedural Rigbta, Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon thc other or by any other person or persons upon either party. Both parties hereby waive the fo/lowing procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provide by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. 15 e. The right to have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite, equitable distribution, custody, visitation, and counsel fees, costs and expenses. 28. Tax Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 16 _55 29. ~Rel~resentation of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Wife has been represented by Mark T. Silliker, Esquire. Husband has been represented by Jane M. Alexander, Esquire. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. Sheryl A. ~ec~-~ Al~n~ 17 COMMONWEALTH OF PENNSYLVANIA SS: On this ],~aday of~~ 2003, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Sheryl A. Steck, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. Sheryl A. ~sck Witness my hand and Notarial seal, the day and year aforesaid. aw Pubhc - My Commission Expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF SS: On this2~(-~day of~, 2003, before me Subscriber, a Notary Public, for the Commonwealth of Pennsylvania, came Alan E. Steck, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. Alan E. Steck -- -- Witness my hand and Notarial seal, the day and year aforesaid. 18 / Notar~Publi~- ~' My Commission Expires: ! inaivam E, Alexander, Notary Public ~ .. Dillsburg Boro, York Count LMY Commission Expzres Apr. 23,Y2005 Member, Pennsy~,ania ASSociation of Notaries IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. PLEAS Sheryl A. Steck, VERSUS Alan E. Steck, NO. 03-5223 Civil Term DECREE IN DIVORCE AND NOW,_. DECREED THAT AND ~ Shery~_A. Ste~ck Alan E. Steck - , _, IT IS ORDERED AND , PLAINTIFF, , 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; __ Thee Marriaqe settlement Aare~m~nL_bet ~'~ '-- - ~ ~ be incorporated but shall ATTEST: SHERYL A. STECK, Plaintiff ALAN E. STECK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003 0~223 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the Movant/Plaintiff, Sheryl A. Steck, by and through her attorney Mark T. Silliker, Esquire and respectfully requests this Honorable Court enter the attached Qualified Domestic Relations Order as an Order of Court, and in support thereof, avers the following: 1. The parties hereto are formerly husband arid wife, having been divorced on February 24, 2004, by Decree in the Court of Common Pleas, Cumberland County, Pennsylvania. 2. Pursuant to the terms of the parties' Marriage Settlement Agreement dated December 15, 2003, the parties agreed Defendant is entitled to $60,000 from Plaintiff's Nationwide Savings Plan. 3. The parties have executed and approved of the form and content of the Qualified Domestic Relations Order attached hereto. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter the attached Qualified Domestic Relations Order as an Order of this Court. Dated: Respectfully submitted, ~. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 33671 Attorney for Plaintiff STATE OF PENNSYLVANIA CASE # 2003 05223 COUNTY OF CUMBERLAND 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IN RE THE MARRIAGE OF: SHERYL A. STECK, Petitioner And ALAN E. STECK, Respondent QUALIFIED DOMESTIC RELATIONS ORDER 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 pursuant to 23 Pa.C.S. Section 3502 and under the applicable Domestic Relations laws of the State of Pennsylvania. 1. PLAN This Order applies to The Nationwide Savings Plan (the "Plan"). Any successor to the Plan shall also be subject to the terms of the Order. 2. PARTICIPANT The name, address, and Social Security Number of the participant are as follows: Nanle~ Address: Social Security Number: Date of Birth: Sheryl A. Steck 169 Brindle Road Mechanicsburg, Pennsylvania 17055 170-48-0301 November 5, 1957 3. ALTERNATE PAYEE The name, address, and Social Security Number of the alternate payee are as follows: Nanle~ Address: Social Security Number: Date of Birth: Alan E. Steck 1713 Sherwood Drive New Cumberland, Pennsylvania 17070 184-48-7859 April 23, 1957 4. MARITAL HISTORY Date of Marriage: Date of Separation: Date of Divorce: September 18, 1982 September 5, 2003 Divorce has not been finalized 5. BENEFIT PAYABLE TO THE ALTERNATE PAYEE The Order assigns to the alternate payee an amount equal to :$60,000 as of December 15, 2003, or the participant's vested account balance if less, without gains or losses since that date. 6. FORM OF PAYMENT Except as otherwise noted, the account balance assigned by the Order will be paid to the alternate payee in any form available to the participant in accordance with the provisions of the Plan at commencement. 7. COMMENCEMENT The alternate payee may begin receiving his or her benefit payments after the plan administrator has determined this Order to be a QDRO in a mariner pursuant to the terms of the QDRO, ERISA and the Code. 8. DEATH OF THE ALTERNATE PAYEE In the event of the alternate payee's death prior to receiving the full amount of benefits called for under this Order and under the benefit option chosen by the alternate payee, such alternate payee's beneficiary(ies), as designated on the appropriate form provided by the plan administrator, will receive the remainder of any unpaid benefits under the terms of the Plan. In the event that no beneficiary is designated, such alternate payee's benefit shall be paid pursuant to the terms of the Plan. 9. DEATH OF THE PARTICIPANT In the event that the participant dies prior to the establishment of separate account(s) in the name of the alternate payee, such alternate payee shall be treated as the surviving spouse of the participant for any death benefits payable under the Plan but only to the full extent of the benefits awarded in Paragraph 5 of this Order. Should the participant predecease the alternate payee after the new account(s) have been established on his or her behalf, such participant's death shall in no way affect the alternate payee's right to his or her portion of the benefits. 10. 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 the Order to become qualified. This includes signing all necessary documents. For this purpose, this Court expressly reserves jurisdiction over the dissolution or divorce proceeding involving the participant, the alternate payee, and the participant's interest in the Plan. 11. 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 benefit, or any option, not otherwise provided under the Plan; ii. Does not require the Plan to provide increased benefits: and iii. Does not require the payment of 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. 12. CONSTRUCTIVE 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 that the participant has received such benefit payments. If the Plan inadvertently pays to the alternate payee any benefit that is assigned to the participant pursuant to the terms of this Order, the alternate ]payee will immediately reimburse the Plan or the participant to the extent that the al~temate payee has received such benefit payments. .,2004. Approved to form and content: Sheryl A~. Steck, Participant Al~tn E. Steck, Alternate Payee Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 Attorney for Plaintiff/Participant .~.~e M. Alexafrqt~r,~gS~luire < ///148 South Bal~nore Street // / Dillsburg, PA 17019 / / (717) 432-4514~ ( / ~ttomey for Defendant, Alternate Payee