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HomeMy WebLinkAbout07-6785 MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07- jv'185 liiv<< 7ex" DENNIS A. BARNES Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY FLOWER & LIlVDS" NMAPLAW 26 West High Street Carlisle, PA Maryo atas, esquire Attorney d. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff v MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vi. CIVIL ACTION - LAW NO. O'7- G 7 3 C 7i; DENNIS A. BARNES Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Marsha J. Barnes, an adult individual with a mailing address of P.O. Box 402, Salamanca, New York 14779. 2. The Defendant is Dennis A. Barnes, an adult individual residing at, 11 Piney Court, Gardners, Cumberland County, Pennsylvania 17324. 3. The Plaintiff and Defendant both have been bona fide residents in 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 April 27, 1987 in Westminster County, Maryland. 5. There have been no prior actions of divorce or for annulment between the SAIDIS, FLOWER & LIlVDS Y ATtQW' 1S.AT uw 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. COUNTI INDIGNITIES 8. The averments in paragraphs 1 through 7 are incorporated hereto as if fully set forth herein. 9. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce in accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 10. The averments in paragraphs 1 through 9 are incorporated hereto as if fully set forth herein. 11. During their marriage, the parties have acquired certain property, both personal and real. WHEREFORE, Plaintiff requests this Court to equitably divide the marital property. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 12. The averments in paragraphs 1 through 11 are incorporated hereto as if fully SAMIS, FLOWER & LINDSAY ATIORIVEYSMT IAW 26 West High Street Carlisle, PA set forth herein. 13. Plaintiff is unable to provide for her reasonable needs in the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. ip COUNT IV ATTORNEY'S FEES AND COSTS 14. The averments in paragraphs 1 through 13 are incorporated hereto as if fully set forth herein. 15. Plaintiff is unable to sustain herself during the course of this litigation or to pay the necessary and reasonable attorney's fees and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. Respectfully submitted, SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Dated: (i f (P l 07- SAIDIS, FLOWER & LINDSAY V n C,-St- ou, atas, Esq ' e Attorne .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff a- VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: arsha I B nes SAIDIS FLOWER '& LINDSAY 26 West High Street Carlisle, PA 1 C-1 S i{ Q Lit ? 52 /?\ rl L,* f? rV• MARSHA J. BARNES, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. n 7- G 7,F6' Furl DENNIS A. BARNES, : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION TO SCHEDULE ALIMONY PENDENTE LITE CONFERENCE FLOWER & LENDS" ?rrow?tis .Mw 26 West High Street Carlisle, PA 1. Petitioner is Marsha J. Barnes, Plaintiff in the above captioned divorce matter. 2. Respondent is Dennis A. Barnes, Defendant in the above captioned divorce matter. 3. Petitioner filed a Complaint in divorce on November 7, 2007. 4. Petitioner's Complaint raised claims for Equitable Distribution, Support, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, and Indignities. 5. Petitioner does not have sufficient income or other means by which to support herself or the make payment for the marital expenses. 6. Respondent has the income and means by which to contribute to Petitioner's expenses. 7. Petitioner requests a conference be scheduled at the Domestic Relations Office to address her claim for alimony pendente lite. WHEREFORE, Petitioner requests your Honorable Court to forward this matter to Domestic Relations for the scheduling of a conference. Respectfully submitted , M i o tas, uire 26 W. Street Carlisle, PA 17013 717-243-6222 Attorney for Petitioner MARSHA J. BARNES, Plaintiff V. DENNIS A. BARNES, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA . NO. : CIVIL ACTION - LAW : IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS FLOWER & LINDSAY Aim 26 West High Street Carlisle, PA PETITIONER NAME Marsha J. Barnes ADDRESS P.O. Box 402 Salamanca, NY 14779 BIRTH DATE August 18, 1955 SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME N/A EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME Marylou Matas, Esquire ATTORNEY'S ADDRESS 26 West High Street Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER (717) 243-6222 AFL RESPONDENT NAME Dennis A. Barnes ADDRESS 11 Piney Court Gardners, PA 17324 BIRTH DATE Jul 12, 1959 SOCIAL SECURITY NUMBER HOME PHONE EMPLOYER NAME Highmark Blue Shield EMPLOYER ADDRESS JOB TITLE/POSITION Senior Application Architect DATE EMPLOYMENT COMMENCED 1983 GROSS PAY $95,000 approximately NET PAY OTHER INCOME ATTORNEY'S NAME ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER MARRIAGE INFORMATION DATE OF MARRIAGE April 27, 2987 PLACE OF MARRIAGE Westminster County, MD DATE OF SEPARATION October 5, 2007 ADDRESS OF LAST MARITAL HOME 11 Piney Court, Gardners, PA DESCRIPTION OF DOCUMENT RAISING APL CLAIM Divorce Complaint DATE APL FILED 11/ 7 /07 SAMIS, RRFLONVER LINDSAY A .TrOW 490 -LAW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Ma sha J. Barnes Date: V / SAIDIS, FLOWER & L NDS" 26 West High Street Carlisle, PA ? $ C-??? ` ? .? -,_ ? 7?7 ? ? l ? '"?:: T_ 7?? i _? f .^ V -j? `) f ? l ? .. '--"? j { . Y O - ('\> , ?) ?? - MARSHA J. BARNES, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6785 CIVIL TERM DENNIS A. BARNES, IN DIVORCE Defendant/Respondent PACSES CASE NO: 275109602 ORDER OF COURT AND NOW, this 9th day of November, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear beforeR. J. Shadday on December 4. 2007 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Marylou Matas, Esq. Date of Order: November 9, 2007 Shad y, C ference Officer f? YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ? j r• f W ta MARSHA J. BARNES, Plaintiff V. DENNIS A. BARNES Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-6785 IN DIVORCE ACCEPTANCE OF SERVICE 1, Michelle Sommer, Esquire, Attorney for Defendant, accept service of the Divorce SAWIS FWWER'& LIlVDS" 26 West High Street Carlisle, PA Complaint in the above-captioned matter by U. S. Mail and that I am authorized to do so. Ilumu Date Michelle Sommer, Esquire 3t r r-a S MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DENNIS A. BARNES, : Defendant/Respondent NO. 07-6785 CIVIL TERM IN DIVORCE PACSES Case No: 275109602 ORDER OF COURT AND NOW to wit, this 4th day of December 2007, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to an Order of Court for Spousal Support being entered under PACKS #7581095893 and docketed at 00939 S 2007. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: Ix M. L. Ebert, Jt u4A ? r., J. DRO: R.J. Shadday xc: Petitioner Respondent Marylou Matas, Esq. Michelle L. Sommer, Esq. Form OE-001 Service Type: M Worker: 21005 - --, 177 ` C:_ Cw7 C) •.C MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2007-6785 DENNIS A. BARNES, CIVIL ACTION - LAW Defendant IN DIVORCE DENNIS A. BARNES, Defendant, moves the Court to appoint a Master with respect to the following claims: [ X ] Divorce [ ] Annulment [ ] Alimony [ ] Alimony Pendent Lite [ X ] Distribution of Property [ ] Support [ ] Counsel Fees [ ] Costs and Expenses and in support of the Motion the Defendant states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Marylou Matas, Esquire. 3. The statutory ground(s) for the divorce are: %3301(c) & (d) 4. The action is contested with respect to the following claims: Plaintiff's request for Alimony and Attorneys Fees & Costs in the Divorce Complaint that was filed on November 7, 2007. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: Plaintiff now resides in upstate New York and Defendant respectfully requests the Plaintiff to attend any conferences/hearings in person rather than over the phone so that the matters can be resolved quickly and without any further delay. Without her presence it becomes very difficult to resolve any issues; therefore, we ask that she be required to attend all conferences /hearings so as to avoid any further delays. DATE Michelle L. Sommer, Epqwire Attorney for Defendant AND NOW, 2009, , Esquire, is appointed Master with respect to the following claims: BY THE COURT, J• C l rP`'a rn crr, -c MAR 2 6 200gy MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. : NO. 2007-6785 DENNIS A. BARNES, CIVIL ACTION - LAW Defendant IN DIVORCE DENNIS A. BARNES, Defendant, moves the Court to appoint a Master with respect to the following claims: [ X ] Divorce [ ] Annulment [ ] Alimony [ ] Alimony Pendent Lite [ X ] Distribution of Property [ ] Support [ ) Counsel Fees [ ] Costs and Expenses and in support of the Motion the Defendant states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Marylou Matas, Esquire. 3. The statutory ground(s) for the divorce are: %3301(c) & (d) 4. The action is contested with respect to the following claims: Plaintiff's request for Alimony and Attorneys Fees & Costs in the Divorce Complaint that was filed on November 7, 2007. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: Plaintiff now resides in upstate New York and Defendant respectfully requests the Plaintiff to attend any conferences/hearings in person rather than over the phone so that the matters can be resolved quickly and without any further delay. Without her presence it becomes very difficult to resolve any issues; therefore, we ask that she be required to attend all conferences/hearings so as to avoid any further delays. DATE L ?. -3 1,44 1 Michelle L. Sommer, uire Attorney for Defendant AND NOW, Nwk 7 2009, &aJ4- )OJT , Esquire, is appointed Master with respect to the following claims: ?? LU om . t '`-= ......a N LLJ CL J LEI LL ' N 0 ? 'v 1' J -=ti3 i 7Z ?-y t: 4A I ¦ MARSHA J. BARNES, Plaintiff V. DENNIS A. BARNES, Defendant w -C • r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2007-6785 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT c? r,?t co C.0 m7. r V 1d -i rs7 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed November 7, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authoritie Date: leo 10 A J. BARNS PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 W OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsificatio to authori 'es. Date: ? MARSHA I. BARNES MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 2007-6785 r., DENNIS A. BARNES,:' "--, :CIVIL ACTION -LAW Defendant IN DIVORCE =' ` us ?` "' '? r*7 »..a2. C..:S .. MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2.1 -+ day of -Q60eL.0er^ 2010 betwg-n MARSHA J. BARNES, (hereinafter referred to as "Wife"), and DENNIS A. BARNES, (hereinafter referred to as "Husband") WITNESSETH: WHEREAS, Husband and Wife were lawfully married on April 24, 1987, in Westminster, Carroll County, Maryland; WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Husband is represented by Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., and that Wife is represented by Marylou Matas, Esquire, of Saidis Sullivan Law. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by 1 each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, 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 improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the 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, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife 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 parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. Husband admits the averments contained in the Divorce Complaint filed by Wife as they relate to section 3301(a)(6). 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, 2 engagements or liabilities of such other or by way of dower or curtsey; or claims in the nature of dower or curtsey or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein and discharge any and all such claims by each other against the other, and are, iter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter. 3 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third- party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenant and agree that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement. Without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The 4 transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. a. HIGHMARK PENSION. The parties agree that Wife shall be awarded 60% of the marital portion of Husband's retirement interest under the vehicle of a Qualified Domestic Relations Order ("QDRO") to be prepared by Husband's attorney. "Marital Portion" is defined as that portion earned from the date of marriage through the date of separation, October 4, 2007. Wife shall be designated as the survivor beneficiary to the extent of her interest in this account, or up to 60% of the anticipated benefits. It is intended by the parties that this provision for retirement benefits shall be approved by the court as a separate order, which shall constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the I.R.C. It shall be the duty of Husband to deliver the QDRO to the Plan Administrator of the Plan and Trust ten (10) days of the execution and signature as a final Order of Court of said QDRO. Until the transfer of the agreed upon share of the retirement benefits is effected, Husband shall designate Wife as the beneficiary of 100% of the death benefits payable by reason of his death from any pension, profit sharing or other retirement plans in which Husband has an interest at his death. Upon completion of the transfer, Wife's survivor beneficiary designation shall be reduced to 60% of the death benefits payable by reason of Husband's death from the Highmark Pension named herein. b. HIGHMARK 401(k). The parties agree that Wife shall be awarded the sum of THIRTY-TWO THOUSAND DOLLARS EIGHT HUNDRED TWENTY-FIVE AND 00/100 ($32,825.00) from Husband's 401(k) with Highmark, via a QDRO to be prepared by Husband's attorney. It is intended by the parties that this provision for retirement benefits shall be approved by the court as a separate, which shall constitute a Qualified 5 Domestic Relations Order ("QDRO") under Section 414(p) of the I.R.C. It shall be the duty of Husband to deliver the QDRO to the Plan Administrator of the Plan and Trust within ten (10) days of the execution and signature as a final Order of Court of said QDRO. C. Except as specifically provided for in this Agreement in paragraphs 6a and 6b, Wife and Husband hereby specifically, release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The parties shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of these Paragraphs. Each party shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the Plan) allowing the other to designate any beneficiary as each may elect to receive amounts that may be payable under the Plan upon his/her death (such election to be evidenced by a beneficiary designation form executed by Husband/Wife) and both parties shall agree to any changes to such beneficiary designation made by the other prior to dissolution of marriage. 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker, the value of the property set apart to each 6 party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. a. MOTOR VEHICLES. Husband shall retain as sole and separate property the 2005 Mazda 3 that is presently in his name and the parties hereto agree that, upon the execution hereof the 2005 Mazda 3 shall become the sole and separate property of the Husband, fee and clear of all encumbrances. Wife shall retain as sole and separate property the 1999 Toyota Camry that is presently in her name and the parties hereto agree that, upon the execution hereof the 1999 Toyota Camry shall become the sole and separate property of the Wife, fee and clear of all encumbrances. b. DISTRIBUTION OF PERSONAL PROPERTY. With the exception of the attached Exhibit "I", the parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other from such property as may be in the individual possession of each of the parties hereto. Wife shall have sixty (60) days from date of execution of this Agreement to remove the items listed on Exhibit "I", from the former marital residence. If Wife does not remove all items of property by that date, Husband shall have the right to dispose of the items as he determines. Husband shall allow Wife or her agent to access the storage facility and former marital residence as necessary to remove all items listed herein. 7 From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. Upon Wife's removal of property from the storage unit or upon the sixty-first (61S) day after execution of this Agreement, Husband will cease making the monthly payments on the storage unit that currently stores Wife's personal belongings. Wife will either remove her personal property from the Storage Unit #117, located at Larry Storage (7 Mill Street, Mt. Holly Springs, PA, 17065, (717) 486-7780) that Husband is currently paying for each month at an expense of $80.00/month or Wife will take over the monthly payments if she desires to continue using the facility. If Wife removes her personal items from the storage facility prior to the 60th day, she shall promptly notify Husband so that he may discontinue payments to the storage unit earlier than the 61St day if he chooses. C. SALE OF REAL ESTATE. The parties acknowledge that they are joint owners of the marital residence located at 11 Piney Court, Gardners, Cumberland County, Pennsylvania, 17324. The parties agree that Husband shall become the sole owner of the marital residence. The parties acknowledge that the marital residence is currently encumbered with a 1St Mortgage held by PNC Bank, a Home Equity Loan held by PNC Bank, and a Home Equity Line of Credit held by PNC Bank. From the date of separation forward, Husband shall be solely responsible for all mortgage, home equity and line of credit payments due and owing for this real estate and hold Wife harmless for the obligation associated with the Mortgage Loan. Contemporaneously with the execution of this Agreement, Wife shall execute and deliver to Husband a Deed transferring sole and absolute ownership, right, title and interest in and to the said premises to Husband. Said Deed shall be held in 8 escrow by Husband's attorney until the refinance or sale of the marital home. Wife hereby releases and relinquishes any claim she may now or hereafter have to the said property. In addition, Wife shall execute a Power of Attorney limited solely to the sale of the marital home listing the POA as Wife's attorney. Husband agrees to begin the process to list the home for sale and Wife will not receive any profits from the sale of the home should there be any upon its sale. Wife will not be responsible for any outstanding obligations that may exist at the time of sale. Husband shall be responsible for all payments associated with the real estate, including all mortgages, liens of record, taxes, insurance, utilities, maintenance and repairs, until such time as the real estate is sold or until such time as Husband refinances the mortgages and liens of record to his name individually, thereby removing Wife's name as a responsible party thereon. Should Husband determine to refinance all obligations associated with the real estate, Husband shall do so within 120 days of execution of this Agreement. Otherwise, it is agreed and understood by the parties that the house shall remain listed for sale. Neither party shall further encumber the real estate from the date of execution of this Agreement forward. The parties acknowledge that Husband shall have the sole right to claim any available tax deductions associated with the said residence for any time subsequent to the date of execution of this Agreement. d. LUMP SUM PAYMENT FOR HUSBAND'S 2009 & 2010 BONUSES. Husband is obligated to make payments to Wife for spousal support through Cumberland County Domestic Relations. Husband failed to make payment for a portion of the support representing his 2009 and 2010 Highmark Bonus from wages. Husband agrees to pay Wife 40% from his 2009 and 2010 Highmark Bonuses as required by the Domestic Relations Order. Husband shall make a cash payment of FIVE THOUSAND FOUR HUNDRED FOURTEEN DOLLARS AND 10/100 ($5,414.10) to Wife within sixty (60) days of the execution of this Agreement. The bonuses received by Husband are as follows: i. 2009 Highmark Bonus: $6,121.80 or 40% - $2,448.72 ii. 2010 Highmark Bonus: $7,413.62 or 40% - $2,965.45 9 8. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. a. CREDIT CARD DEBT. At the time of separation there existed the following marital debt: i. PNC Bank Business Line of Credit, with an approximate date of separation balance of $3,725.04; ii. Wireless Terminal Lease, with an approximate date of separation balance of $1,850.00; iii. Capital One Credit Card, with an approximate date of separation balance of $18,336.00; and a post separation increase in balance of $9,350; iv. Capital One loan, with a distribution of $10,000 at or near the date of separation; v. Kohl's, with an approximate date of separation balance of $1,248.57; vi. Bon Ton, with an approximate date of separation balance of$4,111.08. b. From the date of separation forward, Husband shall make payments for the debts listed to the creditors in subparagraphs i through iv. Husband shall hold Wife harmless and indemnify her from all collection activities whatsoever related to these debts. Husband shall ensure that these debts are listed in his name individually or otherwise that Wife is not listed as a 10 responsible party for these debts. Proof thereof shall be provided to Wife within 60 days of execution of this Agreement. c. From the date of separation forward, Wife shall make payments for the debts listed to the creditors in subparagraphs v and vi. Wife shall hold Husband harmless and indemnify him from all collection activities whatsoever related to these debts. Wife shall ensure that these debts are listed in her name individually or otherwise that Husband is not listed as a responsible party for these debts. Proof thereof shall be provided to Husband within 60 days of execution of this Agreement. d. The parties have agreed to the distribution of debt herein in consideration of other agreements made with regard to property and financial distribution. Wife has accepted a reduced distribution from Husband's 401(k) for consideration of the payment of debt listed herein. 9. COUNSEL FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 10. ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Spousal support shall terminate effective the date of entry of a Divorce Decree and the parties shall submit a copy of this Agreement and a copy of the Divorce Decree to vacate the Support Order immediately to the Cumberland County Domestic Relations Section. Husband shall pay Wife the sum of $1,735.00 per month, plus $100 per month for arrears if necessary, as permanent alimony through the Cumberland County Domestic Relations Section. This payment of alimony shall be paid beginning with the month a final Divorce Decree is entered. Payments shall be wage attached in accordance with Husband's pay schedule. Alimony payments terminate upon death of either party or remarriage of Wife. It is agreed that Wife will provide Husband with her current address on the first of every year. 11 It is the parties' intention that the alimony payments are permanent in nature, but may be modifiable at a time when Husband receives a retirement or social security benefit, or if it necessary to adjust payments to allow for Wife to receive a social security disability payment. Otherwise, alimony payments are not modifiable for other circumstances. In the event that one party determines it necessary to request a modification, that party shall provide at least ten (10) days notice to the other party. With that notice, the requesting party shall provide all documents relevant to his [her] income and/or expenses, including bank and stock account records, credit card statements and financial reports, as well as statements related to wages, salary, interest income, dividends, net capital gains, distributions of cash from retirement plans, individual retirement accounts, estates, trusts or partnerships, disability payments, annuity payments, Social Security benefits and tax- exempt income actually received. Until those documents are produced the modification will not proceed. This Agreement has been negotiated on the assumption that the payments described in this Paragraph shall be deductible by Husband and includible in the income of Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph [to the extent permitted by law] shall constitute "alimony" as that term is defined in Section 71 of the Internal Revenue Code and that, accordingly, all such payments shall be includible in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. Wife must report payments received under this Paragraph in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for income taxes with respect to those payments. If Wife should fail to report these payments on her tax returns as required by this Paragraph, Wife shall exonerate and indemnify Husband against and hold Husband harmless from any expenses and/or liability, including reasonable counsel and accountants' fees, arising from that failure. 11. DIVORCE. A Complaint in divorce has been filed to No. 2007-6785 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an 12 affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 12. MEDICAL INSURANCE. It is acknowledged that Wife's medical insurance through her employer presently insures only herself at a reasonable cost. It is acknowledged that Husband's medical insurance through his employer presently insures only himself at a reasonable cost. 13. LIFE INSURANCE. It is acknowledged that Husband agrees to maintain a Life Insurance Policy on himself and designate Wife as the beneficiary in order to protect Wife's alimony payment by Husband. As a result, Husband will maintain his Life Insurance Policy through Highmark which is currently twice his annual salary. Husband shall provide proof to Wife one time annually upon request that he maintains this insurance coverage. It is agreed that Wife will provide Husband with her current address on the first of every year. 14. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therefrom shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. 13 15. RECONCILIATION. Notwithstanding reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 16. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 17. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 18. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and whosesoever located belonging in any way to each of them, of all debts and 14 encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 19. 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. 20. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 21. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of the Commonwealth of Pennsylvania. 22. WAIVER OF MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 23. 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, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 24. SEVERABILITY. 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 15 all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 25. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement, and each warrants and represents that it is fair and equitable to each of them. 26. 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. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. WITNESSES: d4//. A41v (SEAL) ,4MS H WAJBA ES /,-?7, a0/0 IZf?? Ilb (SEAL) DENNIS A. BARNES 1Z?21' 1(3 16 STATE OF NEW YORK SS. COUNTY OF Ca4060<<CY S On this 3rd day of be ce t n L)er , 2010, before me, the undersigned officer, personally appeared MARSHA J. BARNES, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Evelyn M. George-Shongo Notary Public, State of New York No# 01GE6178466 Qualified in Cattaraugus County Commission Expires December 3, 2f1 ?? &ek-A &9t-?eln NOTA PUBLIC COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On this 01sr day of M f- c2 (V16t (L , 2010, before me, the undersigned officer, personally appeared DENNIS A. BARNES, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Aw??4"Ggx? NOTARY PUBLIC CM---M- NWFALT1i OF MMM-1 D6orah L Rrn, Notary ? cub* Borough, l 2014 oomo>is? 17 Exhibit A: Items to be retained by Marsha Thomason-Barnes All clothing Free standing mirror Cedar chest and all contents within. Curio cabinet and all contents All cat statuettes and statues that were indoors (budda cat, cat gargoyle, etc.) All Native items (pottery, beaded items, blankets, beads, clocks, statues) Puss in Boots framed print Susan Herbert art books Robert Griffing "Niagara" glicee and art books and posters Collectibles that are stored in bins New stamp collection Coin collections (state quarters and Sacajawea dollars) Cat related indoor decor items Coffee mugs and wine glassed Material and fabric Bins of personal memorabilia (High school and sports) Native Mohawk woman portrait Native woman portrait from Will Sampson Cat care, catlD and bird books Cat artwork and books from Brault Braulds Any leftover kid toys that were intended for the grandkids All holiday decor Photo albums Kliban cat bank Russian cat figurines ?BOM & Nut UI AKIS Michelle L. Sommer, Esquire Attorney 1 D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MARSHA J. BARNES, Plaintiff V. DENNIS A. BARNES, Defendant I'll-ED-O FPCE PY THE- " ROEH,0NUd1 1P 2011 JAN -3 PM 1: 2 CUMBERLAND C ZUNI `" PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2007-6785 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT L A Complaint in divorce under §§ 3301(c) of the Divorce Code was filed on November 7, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. relating to unsworn falsification to authorities. Date: 1,9-13 D I 1 Q - - DENNIS A. BARNES DEFENDANT'S WAIVER OF NOTICE OF INT NTiON TO REQUEST ENT_ R? OF A DIVORCE DE RF.. ND R 222 01(c) OF THE DiVORrF cony I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I 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. relating to unsworn falsification to authorities. Date: /a 13o /10 ' DENNIS A. BARNES MARSHA J. BARNES IN THE COURT OF COMMON PLEAS OF, , Plaintiff CUMBERLAND COUNTY, PENNSYLVAN vs. CIVIL ACTION - LAW - NO. 2007-6785 - cn , DENNIS A. BARNES, ,,, -' Defendant IN DIVORCE -71 ORDER AND NOW, this 4`h day of January, 2011, the economic claims raised in the proceedings having been resolved in accordance with a Marital Settlement Agreement dated December 21, 2010, the appointment of the Master is vacated and counsel can file a Praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, `Marylou Matas, Esquire For the Plaintiff /Michelle Sommer, Esquire For the Defendant 0 ;e, M DK'' :rlm MARSHA J. BARNES, Plaintiff V. DENNIS A. BARNES, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-6785 IN DIVORCE = ^' 1,71 rn Co rn ?? PRAECIPE TO TRANSMIT RECORD Kindly transmit the record, together with the following entry of a Decree in Divorce: Divorce Code. Grounds for Divorce: Irretrievable breakdown :z - = -1, r- on information ethe--'Co^.:8r W , - -; under Section- 30f(c) ® the 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on November 19, 2007, by his attorney, Michelle L. Sommer, Esquire. Proof of service was filed with the Court on November 20, 2007. 3. Date Affidavit of Consent required under Section 3301(c) or (d) of the Divorce Code was signed: By Plaintiff: December 3, 2010 and filed with the Prothonotary on December 8, 2010. By Defendant: December 21, 2010 and filed with the Prothonotary on January 3, 2011. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated December 21, 2010. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: December 3, 2010 and filed with the Prothonotary on December 8, 2010. By Defendant: December 21, 2010 and filed with the Prothonotary on January 3, 2011. SAIDIS SULLIVAN LAW SAIDIS SULLIVAN LAW 26 West High Street Carlisle, PA Marylo , Esqui l Supreme Co ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARSHA J. BARNES V. DENNIS A. BARNES NO. 2007-6785 DIVORCE DECREE AND NOW, I fk1 O RM tt It k1 , it is ordered and decreed that MARSHA J. BARNES , plaintiff, and DENNIS A. BARNES , 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 terms of the Marital Settlement Agreement dated December 21, 2010 is incorporated, but not merged into this Decree of Divorce. By the Court, Attest: J. Prothonotary ,1al, - Oert. OCPY 17X,1 ilad 4o ty w ;hg lVo?fiee + COPY mailed ?Daltj oSommer Cx-, MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS T"_ Plaintiff CUMBERLAND COUNTY, PA V. NO. 2007-6785i? -- DENNIS A. BARNES, CIVIL ACTION - LAW Defendant IN DIVORCE DOMESTIC RELATIONS ORDER This Domestic Relations Order ("Order") is intended to meet the requirements of a qualified domestic relations order ("QDRO"), as that term is defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA") and Section 414(p) of the Internal Revenue Code of 1986 ("Code"), and shall be modified as necessary to continue to meet the requirements of ERISA and the Code. The result of such qualification is that this Order will then become a QDRO. This Order is granted in accordance with 23 Pa.C.S. § 3101 ("Divorce Code"), which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. THE COURT FINDS AND IT IS HEREBY ORDERED AS FOLLOWS: Section 1. Identification of Plan. This Order applies to benefits under the Highmark Retirement Plan (the "Plan"). It shall also apply to and bind any successor plan to the Plan. The name and address of the Plan Administrator is: Personnel and Compensation Committee, Highmark Inc., 1800 Center Street, Camp Hill, PA 17089-0089. Section 2. Identification of Participant and Alternate Payee. (a) Dennis A. Barnes is hereafter referred to as the "Participant." The Participant's current and last known address is 542 Clermont Drive, Harrisburg, Pennsylvania, 17112. This address may be changed, from time to time, by written notice to the Plan Administrator. It is the responsibility of the party whose address has changed to provide such notice. The Participant's Social Security Number is 166-48-7613. The Participant is not currently receiving benefits under this Plan. (b) Marsha J. Barnes is hereafter referred to as the "Alternate Payee." The Alternate Payee's current and last known mailing address is P.O. Box 402, Salamanca, New York, 14799. This address may be changed, from time to time, by written notice to the Plan Administrator. It is the responsibility of the party whose address has changed to provide such notice. The Alternate Payee's Social Security Number is 091-46-9738. The Alternate Payee is the former spouse of the Participant. (c) On VQ(1MI 0 20 , this Court entered a Judgment of Dissolution of Marriage ("Jud ment'), which Judgment relates to the provision of the Marital Settlement Agreement for Alternate Payee, as the former spouse of the Participant. (d) The Participant and the Alternate Payee were married on April 24, 1987, and said marriage is registered in Carroll County, Maryland. (e) Both the Participant and the Alternate Payee shall have the duty to notify the Personnel and Compensation Committee in writing of any changes in his or her respective mailing addresses subsequent to the entry of this Order. Section 3. Starting Date for Benefit Payments. Distribution of the benefit assigned to the Alternate Payee shall be made or commence upon the Alternate Payee's request as soon as permitted by the Plan on or after the Participant's attainment of his or her "earliest retirement age," as defined in Code Section 414(p)(4)(B). However, if the "Actuarial Equivalent" (as that term is defined in Section 1.02 of the Plan) present value of the Alternate Payee's benefit is $5,000 or less, and payment of such benefit has not commenced, the form of distribution of the benefit shall be in a single cash lump sum payment. Section 4. Form of Benefit. The Alternate Payee shall have the right to elect to receive a distribution of the assigned benefits in any form permitted under the Plan with respect to the Participant (other than in the form of either: (1) a joint and survivor annuity payable for the benefit of the Alternate Payee and the Alternate Payee's contingent beneficiary under Section 8.05(a)(1) of the Plan, or (2) an increased benefit paid prior to the commencement of the Participant's eligibility for primary Social Security benefits and a reduced benefit thereafter under Section 8.05(a)(4) of the Plan), unless the Actuarial Equivalent present value of the Alternative Payee's benefit is $5,000 or less and payment of such benefits has not commenced, in which event the form of distribution shall be a single cash lump sum payment. The payments expected to be made to the Alternate Payee over the life expectancy of the Alternate Payee shall be the Actuarial Equivalent of the benefit amount set forth in Section 5 below. Section 5. Amount of Benefit to be Paid to Alternate Payee. Starting at the time specified in Section 3, under the terms of the Judgment, the Alternate Payee is to receive retirement benefits from the Plan from and out of the benefits otherwise payable to the Participant: In the amount of 60% of the vested accrued benefit of the Participant determined (based upon the Participant's service) as of October 4, 2007, and compensation as of October 4, 2007 _multiplied by a fraction, the numerator of which is 233, the number of months of marriage during which benefits were accumulated prior to October 4, 2007, and the denominator of which is 290, the total number of months during which benefits were accumulated prior to such service end date, and the Participant's benefit is reduced accordingly. 2 If the Alternate Payee elects to commence receiving benefits prior to the Participant's normal retirement age, the Alternate Payee's separate benefit will be reduced for such early commencement using Plan factors in effect at such commencement. If, before vesting in a Plan benefit, the Participant terminates employment or dies, the Participant's benefit accrued under the Plan, including any part awarded to the Alternate Payee, will be forfeited to the extent not 100% vested. Once determined, the Alternate Payee's portion of the Plan benefit shall be actuarially adjusted using Plan factors in effect at the time benefit payments commence to the Alternate Payee. Such actuarial adjustment will take into account the age difference between the Participant and the Alternate Payee. The Alternate Payee's benefits are to be actuarially adjusted to the Alternate Payee's own life expectancy. Section 6. Vesting. No amount shall be payable hereunder before the Participant becomes vested under the terms of the Plan or in the event the Participant terminates service before becoming entitled to a vested benefit under the Plan. Section 7. Death Benefits. If the Alternate Payee dies before his or her "Annuity Starting Date" (as that term is defined in Section 1.04 of the Plan), the Alternate Payee's interest assigned hereunder shall be restored to the Participant's benefit, but no retroactive payment shall be made to or on behalf of the Participant as a result of the Alternate Payee's death after the Participant's Annuity Starting Date. Except as stated above, the benefit assigned hereunder to the Alternate Payee shall not be reduced, abated or terminated as a result of the death of the Participant. The Alternate Payee will not be entitled to any survivor benefits with respect to the portion of the Participant's accrued benefit under the Plan not otherwise assigned to the Alternate Payee under this Order. Section 8. Compliance with Applicable Laws. Nothing in this Order shall require the Plan to: (1) pay any benefits not permitted under ERISA or the Code; (2) provide any type or form of benefit, or option, not otherwise provided in the Plan; (3) provide increased benefits (determined on the basis of actuarial value); or (4) pay benefits of the Participant to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a QDRO. Section 9. Reservation of Jurisdiction. The Court retains jurisdiction to establish or maintain this Order as a QDRO; provided, however, no amendment of this Order shall contain a requirement with respect to the Plan of a type described in Section 8 above. ? tt DATED this 1 day of Mai c.1?? '2011. JUDGE proved s to and cont t: 1, tioner / Attey for the etitioner JEANNE PATTERSON State of New York Notary Public 6-141437 Qalified miss ®n Expires rFeb 21C20 - cor C2/18'-/Il Michelle -L,. Sonrner, &`i Marglou Maw, 8%q. Ou (ed DO 4 Res dent / Attornev for the Respondent MARSHA J. BARNES, Plaintiff jr. DENNIS A. BARNES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 2007-6785 CIVIL ACTION - LAW IN DIVORCE DOMESTIC RELATIONS ORDER THE COURT FINDS AND IT IS HEREBY ORDERED AS FOLLOWS: Section I . Identification of Participant and Alternate Pave e. rn -77 (a) Dennis A. Barnes, date of birth July 12, 1959, is hereafter referred to as the "Participant." The Participant's current and last known address is 542 Clermont Drive, Harrisburg, Pennsylvania, 17112. This address may be changed, from time to time, by written notice to the Plan Administrator. It is the responsibility of the party whose address has changed to provide such notice. The Participant's Social Security Number is 166-48-7613. The Participant is not currently receiving benefits under this Plan. (b) Marsha J. Barnes, date of birth August 18, 1955, is hereafter referred to as the "Alternate Payee." The Alternate Payee's current and last known mailing address is P.O. Box 402, Salamanca, New York, 14799. This address may be changed, from time to time, by written notice to the Plan Administrator. It is the responsibility of the party whose address has changed to provide such notice. The Alternate Payee's Social Security Number is 091-46-9738. The Alternate Payee is the former spouse of the Participant. Section 2. Identification of Plan. This Order applies to benefits under the Highmark Investment Plan (the "Plan") Section 3. Plan Sponsor. The Plan is sponsored by Highmark, Inc. Section 4. Plan Administrator. The Plan administrator is Mr. Rich Little, Highmark, Inc., 1800 Center Street, P.O. Box 890089, Camp Hill, PA, 17089. Section 5. Award to Alternate Payee. (a) Alternate Payee will obtain the sum of $32,825.00 from Participant's vested account balance under the Plan determined as of October 4, 2007. The determined amount will not be credited or debited with any gains or losses attributable to such amount for the period Y t from the date of determination to the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. (b) Any outstanding loan balances will not be considered as part of the Participant's vested account balance for purposes of determining the amount to be assigned to the Alternate Payee. Participant shall retain the responsibility for any such outstanding loan balances. (c) The calculated award determined above shall be transferred to a separate account under the Plan in the name of the Alternate Payee as soon as administratively feasible. The income, accruals, gains, and losses experienced by such account maintained for the Alternate Payee are to accrue to- such account. The Alternate Payee shall have investment management rights pursuant to the provisions of the Plan for her account under the Plan. The Alternate Payee may elect to receive distribution from her separate account in accordance with the terms of the Plan without reference to the Participant's attainment of "earliest retirement age," as defined in Section 414(p)(4)(B) of the Internal Revenue Code of 1986, as amended. If the assigned amount is $1,000 or less, Wells Fargo Bank, N.A. will forward a distribution form to the Alternate Payee as soon as administratively feasible after the date of assignment of the calculated award to a separate account in the Alternate Payee's name under the Plan. If the assigned amount exceeds $1,000, it shall remain in the separate account in the Alternate Payee's name under the Plan until such time as the Alternate Payee elects a distribution in accordance with the terms of the Plan. In addition, the Alternate Payee may name a beneficiary or beneficiaries to receive any amount payable from her account under the Plan as a result of her death. (d) After assignment of the calculated award to the Alternate Payee's account under the Plan, the Participant shall be awarded all right, title and interest in an to the Participant's account balance, as reduced above, under the Plan free and clear of any interest of the Alternate Payee. (e) In the event of the Participant's death, there will be no effect on the payment of the benefit assigned to the Alternate Payee hereunder. With respect to the Participant's account balance under the Plan not assigned to the Alternate Payee under this order, the Alternate Payee will not be entitled to any survivor benefits. (f) In the event of the Alternate Payee's death before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is no designated beneficiary, to the Alternate Payee's (a) spouse or, if none, (b) living children or, if none, (c) living parents or, if none, (d) living brothers and sisters or, if none, (e) estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of the benefit elected shall determine if any additional amounts shall be paid upon the Alternate Payee's death. Section 6. Compliance with the Provisions of the Law. 2 c It is this Court's intention that the provisions of the Order operate as an effective assignment of said interest under both state and federal law, for all purposes, and constitute a "Qualified Domestic Relations Order," in compliance with Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended. This QDRO is granted in accordance with 23 Pa.C.S. § 3101 ("Divorce Code"), which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. In the event that it is subsequently determined by the Plan Adminstrator for the Plan, by a court of competent jurisdiction, or otherwise, that the provisions of this Order fail to meet the requirements of a "Qualified Domestic Relations Order," both parties shall cooperate fully and shall execute any and all documents necessary to obtain an Amended Judgment and Decree containing and Order of this Court, meeting all requirements of a "Qualified Domestic Relations Order," and this Court expressly reserves jurisdiction over the Participant's benefits in the above named Plan as of the date of entry of the Judgment and Decree, in order to effectuate the assignment of benefits ordered above. This Order supersedes all previously filed Orders in this matter relating to this subject. Section 7. Savings Clause. This order is not intended, and shall not be construed in such a manner as, to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the plan; (b) to increase benefits, other than through the accumulation of earnings, (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order which was previously deemed to be a QDRO. Section 8. Plan Administration/Recovery of Excess Amounts. (a) The Alternate Payee is ordered to report any retirement payments received on any applicable income tax return. The Plan Trustee is authorized to issue a form 1099-R on any direct payments made to the Alternate Payee. (b) The Alternate Payee shall keep Highmark, Inc. informed of their current address. Notice of change of address shall be made in writing, witnessed by a Notary, and mailed to: Wells Fargo Bank, N.A. Attn: QDRO Administrator 901 Marquette Avenue, Suite 500 Minneapolis, MN 55402 (c) In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the 3 Participant shall immediately reimburse the Alternate Payee to the extent that lie or she has received such benefit and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. (d) The Participant and the Alternate Payee shall hold the Plan, Highmark, Inc., and any fiduciary harmless from any liabilities, which arise from this domestic relations order, including all reasonable attorney's fees which may be incurred in connection with any claims which are asserted because the Plan honors this order. I DATED this day of ar GW , 20 - ??7?4 JUDGE to form and oonteut: JEANNE PATTERSON Notary Public, State of New York No, 6141437 Qualified in Cattaraugus County, Commission Expires Feb. 21, 20 0418/1/ ?M (ou Maas Mailed M i Made L. gor„rne,-, &q_ A 00 4 l$". V v-. ?d ner / Att ey for the rVi h loner Respondent / Attorney for the Respondent T OF TH NO E P?aTF O OTAP, v 201 1 APR _7 pM 3: Si Law Offices of Saidis CU BERL Y0 CoU MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 07-6785 DENNIS A. BARNES Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on March 31, 2011 she served a true and correct copy of a Qualified Domestic Relations Order and certified Divorce Decree upon Personal and Compensation Committee, Plan Administrator, Highmark, Inc., by mailing those documents to the address at 1800 Center Street, P.O. Box 890089, Camp Hill, PA 17089 by Certified U.S. Mail, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is attached as well as the a confirmation sheet from United States Postal Service Web page. Sullivan & Rogers Dated: Z6 it 26 West High Street Carlisle, PA 17013 Respectfully submitted, SAIDIS, SULLIVAN & ROGERS / l ?'r?lA /Ll/?SC l)? ! 11 l??fi ` nrJ MarYtb-4' Was, E*ke ID No. 94-9-19 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for the Plaintiff i MARSHA J. BARNES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6785 CIVIL ACTION - LAW DENNIS A. BARNES Defendant IN DIVORCE ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Restricted DeUvery Is desired. 0 Print you name and address on the reverse so that we can return the card to you. Attach this card to the back of the mailpiece, or on the front If space permits. 1. Aftlole Addressed to: A. Signature X ? Agent ? Addnews B. Received by (PdnW Nerve) C. Date of Deew y D. Is delivery addTsdl?R item 1? ? Yes If YES, enter del ivory address below: [I No en er nee 3 Service 1W* P.O. Box 89 00 89 13 CertMed Maul ? 6press Mall pA'ip Hill, PA 17089 ? Registered 0 Return ReoeiptforMercharwMss ? Inured Mail ? C.O.D. Personal and Compensation Committee, Plan Administrator Highmark, Inc. 1$00 C t St t 4. Restricted baivery7 (Extra Fee) ? Yes Number 7008 1300 0000 7571 2858 i"Aans W from service /aw form 3811, February 2004 Domestic Return Receipt 102595-024A-1540 Wk. USPS - Track & Confirm Search Results Label/Receipt Number: 7008 1300 0000 7571 2858 Service(s): Certified Mail" Status: Delivered Your item was delivered at 11:47 am on March 31, 2011 in CAMP HILL, PA 17011. Page 1 of 1 Track tit Conf m Enter Label/Receipt Number. Go > Detailed Results: • Delivered, March 31, 2011, 11:47 am, CAMP HILL, PA 17011 • Arrival at Unit, March 31, 2011, 8:56 am, CAMP HILL, PA 17011 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. So> Site Mao Custorer Service Forms Gov't Services Careers Privacy Policv Terms of Use Copyright0 2010 USPS. All Rights Reserved. No FEAR Act EEO Data FOIA Business Customer Gateway http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabelInquiry.do 4/6/2011