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Home My WebLink About04-0403 PAMELA C. BUTZ, Plaintiff v. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. {)If- '-!O3 c.i'v i/ STEVEN D. BUTZ, Defendant CIVIL ACTION . LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody and visitation of your children When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pa 17013 (717) 249-3166 PAMELA C. BUTZ, Plaintiff IN THE COURT OF COMM:ON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01./_ 403 STEVEN D. BUTZ, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Pamela C. Butz, an adult individual residing at 1784 Winterhaven Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Steven D. Butz, an adult individual residing at 1784 Winterhaven Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on, May 4, 1991 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There are three (3) minor children born of this marriage: Madeline G. Butz, born October 12, 1992; Morgan A. Butz, born July 30, 1994 and Meredith O. Butz, born September 9, 1996. 6. The parties separated on January 10, 2004. 7. There have been no prior actions for divorce or annulment between the parties 8 Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiffhas been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. II. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with ~ 3301 ofthe Pennsylvania Divorce Code. 2 INDIGNITIES 12. The averments in paragraphs I through II, inclusive of Plaintiff's Complaint are incorporated herein by reference thereto. 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her 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 n EQUITABLE DISTRIBUTION 14. The averments in paragraphs I through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 40 I (d) of the Pennsylvania Divorce Code. 3 COUNT ill SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. The averments in paragraphs I through 15, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs I through 17, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Pamela C. Butz, prays this Honorable Court to enter judgment: A Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; 4 C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and Dated: January 2. ~ 2004 / / / / E. Awarding other relief as the Court deems just and re / // Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774.1445 Supreme Court J.D. No. 3231 5 PAMELA C. BUTZ, Plaintiff IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYL VANIA v. NO. STEVEN D. BUTZ, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING I. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A Section 4904 relating to unsworn falsification to authorities. Dated: } - ~q - 01 H/lJlClL~ PAMELA Y~TZ U PAMELA C BUTl, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. STEVEN D. BUTl, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICA nON I, PAMELA C. BUTl, hereby certifY that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Dated: I-:Z q - /)~ ~!C PAMELA c. BUTZ ~ ~ lit'. --... ..c, c- -n-c:: o <) 9J~ n L, <4.. -C' , x.j g\ '., ~ ~ ~ co >' :s .", r o ~ :::> "'.-{ .., ~ ..... = c~ J:'" <- )O~ z <-.) o ~ ..... ffl~ ~~ ::r!::<:l ~~C) om --.1 ~ "'D ::L ~-? PAMELA C. BUTZ, Plaintiff v. STEVEN D. BUTZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-403 : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, P. Richard Wagner, Esquire, hereby accept service and acknowledge receipt of the above-captioned Complai~t in Divorc~n behalf of my client, Steven D. Butz, having received said Complaint on the J.1:.. day offii??;f. WJ. 2004. I hereby indicate I am authorized by f my client to accept service on his behalf. // ;i/ P. Richard gner, Esquire . .' "Man , agner, Tully & Spreha ~33 North Front Street Harrisburg, PAl 7 II 0 Telephone No. (717) 234.7051 Supreme Court J.D. 23103 C) ~ 1-'-" ('--j , ;;~ -...1 -( ...., = = -"" ..,., f'T1 OJ o " ..... =c_ rn-..!.J , -orn :on OT --,0 :::'." -,; c.:; ='.1 ;?C) cjm :.:.:"\ :I3 ~: \.0 ~ -".. '-:? '" c:> . MARITAL SETI'LEMENT AGREEMENT THIS AGREEMENT, made this 15' day of between STEVEN D. BUTZ, hereinafter referred to as " BUTZ, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on May 4, 1991, in Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, three (3) children were born of this marriage being Madeline G. Butz, born October 12, 1992, Morgan A. Butz, born July 30, 1994 and Meredith O. Butz, born September 9, 1996; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and Draft - 71212004 interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for 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: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Swnple-SuIlivan, Esquire. HUSBAND has been independently represented by P. Richard Wagner, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, Draft - 71212004 2 duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such infonnation and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes Draft - 7 f2f2004 3 which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute Draft - 71212004 4 the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. s. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, Draft - 71212004 5 they will forthwith execute and deliver to the other party, any and all written instrwnents, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territOIY or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named Draft - 71212004 6 beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES lbis Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement Draft - 71212004 7 contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENTIWAlVER lbis Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other tenn, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract Draft-71212004 8 shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have failed to provide the necessary infonnation leading to the tax assessment or whose intentional or grossly negligent errors or omissions in reporting or failure to report or file income resulted in the assessment. In that situation, the party responsible for the assessment of liability shall indemnify and save hannless the other from all additional tax, penalty, and interest. If the liability is the result of a computation error or an error not attributable to the intentional or grossly Draft - 71212004 9 negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill ofsaIe for said sole property. Draft - 71212004 10 B. REAL ESTATE The parties jointly own property at 1784 Winterhaven Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Said house is encumbered by a mortgage held by Waypoint Bank (Account No. 50091472) in the approximate amount of ONE HUNDRED NINETY-FIVE THOUSAND DOLLARS ($195,000.00) and a home equity loan due and owing to Fleet Mortgage, Account No. 70220012046509 in the approximate amount of SEVENTY-FIVE THOUSAND DOLLARS ($75,000.00). HUSBAND desires to maintain said home and reside therein. WIFE agrees to convey her interest in this real estate to HUSBAND upon the condition that HUSBAND refmances the existing mortgage and home equity debts and complies with the remaining requirements of this Agreement. HUSBAND shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND hereby agrees to indemnifY and hold WIFE harmless from any and all liability as a result of non-payment of the mortgage or any other obligations as enumerated above associated with the real estate. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by WIFE's counsel and recorded only upon Draft - 7/212004 II the event of HUSBAND's successful completion of the refmancing of the mortgage debt and the motor vehicle loan set forth in Subsection C. below. HUSBAND shall have ninety (90) days to effectuate the refmance of the mortgage, equity loan and car loans. In the event HUSBAND does not secure refinance of these loans in that time period, the house shall be listed for sale. The proceeds from the sale shall be the sole property of HUSBAND and HUSBAND shall be responsible for all costs associated with the home during that period, as well as costs of sale. C. MOTOR VEHICLES The parties have two (2) vehicles. One vehicle driven by WIFE is a 2000 Odessy Van. It is encumbered with a loan due and payable to Susquehanna Valley Bank. Said encumbrance is in the approximate amount of FIVE THOUSAND DOLLARS ($5,000.00) at separation. The other vehicle is a 1991 Toyota Carmy. WIFE shall be the sole owner of the 2000 Odessy Van and HUSBAND shall be the sole owner of the 1991 Toyota Carmy. HUSBAND agrees that he shall be solely responsible for the repayment of the loan on the 2000 Odessy Van and agrees to pay same in full as party of the refmance or sale of the marital home as set forth in paragraph B. above. Pending refmance or sale, HUSBAND shall be solely responsible to make monthly payments timely to keep said obligation current. In the event that HUSBAND fails to satisfy the Draft - 71212004 ]2 loan and WIFE incurs a loss of the vehicle, HUSBAND shall be required to pay to WIFE within thirty (30) days of the date of the forfeiture the sum of FIFTEEN THOUSAND DOLLARS ($15,000.00). HUSBAND shall also be required to pay to and reimburse, indemnity and hold WIFE harmless for any and all out of pocket expenses related to payment of the loan obligation, including any costs, interest, losses, including counsel fees incurred to defend any such claim or to enforce this indemnification. D. FINANCIAL ASSETS 1. Stock ODtions: Throughout the marriage, HUSBAND has acquired certain stock options through his employment with Waypoint Bank. These options are as set forth below: ~ (Jt6 Wa oint Stock Options: #000 272 $16.30/sh #00000 4 $ 8.89/sh #000006 $ 9.73/sh #00000856 $14.33/sh #00000961 I 6. 66/sh 575.03 shares ( ption Date! 2/~99) 575.03 shares (0 ion Date! 2/1 00) 575.00 shares (Opt n Date! 2/2 1) I 00.00 shares (Optio Date! 12/20/ 1) 00 shares (Option ate! 3/21/02) Stock options e J op,..imS SE"T ~fi, L'/;\. t;"'lh, ~ ~ -{ A copy of the options and award sununary from Waypoint Financial, Inc. is attached hereto as Exhibit "A". The Stock Options are benefits scheduled to be received by HUSBAND under a delayed payment or vesting schedule which will be subject to Draft - 71212004 13 ~ pcfJ ~~ income tax as earned income to HUSBAND. It is anticipated that this schedule might be rlA-'-1 lr~~~ due to a pending merger of HUSBAND's employer which might trigger a full buyout of all outstanding options at a profitable margin at an earlier date. It is agreed to by the parties tha~SBAND shall execute any and all options which will effectuate a C,e> ~(J..~~s. profitable ~sac n at the time of the call of the option (whether upon the occurrence of the merger or any later date in accordance with the tenns of the option, if said merger does not materialize). It is then agreed by the parties that HUSBAND shall execute all necessary documents provided by his employer which will direct that the employer to deduct a percentage equivalent to his actual tax rate but not to exceed twenty-eight (28%) percent of the gross as income tax to be withheld. HUSBAND shall then declare the total value of these payments as income to him on all tax returns that shall be required to be filed related to receipt and distribution of these benefits. After the reduction for taxes, the net benefit received by HUSBAND shall be distributed sixty (60%) percent to WIFE and forty (40%) to HUSBAND. It is anticipated that these benefits shall be cash in lieu of shares of stock, unless otherwise agreed to by the parties. HUSBAND shall furnish WIFE with notice of any and all documents received from his employer related to the options within five (5) days of receipt of same and will also transfer, upon exercise of the option, said cash (or shares) to WIFE within forty-eight Draft - 71212004 14 (48) hours of his receipt of same. WIFE shall not recognize the distribution of these assets as income for federal tax purposes. Should HUSBAND voluntarily leave his employment before WIFE's receipt of the stock provided in these sections, HUSBAND agrees to guarantee payment to WIFE of the equivalent value of all of her shares of outstanding stock due to her pursuant to this Agreement, valued as of the date of his termination, less applicable taxes as determined above. Said transfer shall be made within fifteen (IS) days of the date of HUSBAND's termination. HUSBAND shall be prohibited from undertaking any voluntary action which might prevent WIFE's receipt of her equitable share of these stocks, including but not limited to assignment of said options, deferring said options, etc. 2. Bank Accounts: The parties acknowledge and confirm that they have mutually divided to their satisfaction the proceeds of the marital accounts of the Waypoint Money Market Fund, Account No. 285-27160-14 RR WWW and the PNC Savings Account, Account No. 50- 3000-0768. Each party waives any claim to the proceeds of these accounts. Draft - 71212004 IS 3. Wife's Premarital stockholdinl!s: At the time of marriage, WIFE had interest in certain stocks which had been gifted to her. It is estimated that these stocks increased TmRTY-ONE THOUSAND SEVEN HUNDRED EIGHTY-THREE DOLLARS and 52/100 ($31,783.52) in value over the term of the marriage. The parties agree that WIFE shall retain full ownership of these stocks, as well as the increase in value. HUSBAND does hereby waive any and all claim which he might have to said stocks or the increase in value. 4. Pension. EmDlovee and Retirement Accounts: At the time of separation, HUSBAND had an ESOP plan with a date of separation value of NINE THOUSAND SIX HUNDRED SEVENTY-FOUR DOLLARS and 21/100 ($9,674.21). HUSBAND also had an E-Trade IRA, Account No. 4862-6782 with a value of SEVENTY-FIVE THOUSAND THIRTY-SEVEN DOLLARS ($75,037.00) and a 401(K) account with Waypoint Bank with a value of THIRTY-SEVEN THOUSAND EIGHT HUNDRED FIFTY-THREE DOLLARS and 81/100 ($37,853.81). HUSBAND additionally had earned pension benefits through Harris Savings Bank with an approximate annuity value of ONE HUNDRED SIXTY-SEVEN DOLLARS and 85/100 ($167.85) per month and through PNC with an annuity value of FOUR HUNDRED NINETY-FOUR DOLLARS and 82/100 ($494.82) per month. WIFE had a PNC Draft - 71212004 16 Investment Account (which has now been rolled over to her Gunn Mowery Account) with an estimated value ofTHIRTEEN THOUSAND ONE HUNDRED THIRTY-FOUR DOLLARS ($13,134.00). It is agreed between the parties, inconsideration of the division of liabilities as referenced in paragraph 2 below, that these benefits shall be divided as follows: WIFE shall retain her PNC Investment Plan and any increase in interest since separation. WIFE shall receive in its entirety HUSBAND's PNC annuity. HUSBAND shall be responsible, at his costs and expense, for drafting a QDRO or any other documents or court order to effectuate complete transfer of this annuity to WIFE. If any decision exists in choice of annuity benefit under the PNC plan, such as single life or survivor annuity, said choice shall be made solely by WIFE and implemented in the QDRO or other documentation prepared by HUSBAND. Any QDRO shall be approved by counsel for WIFE. WIFE shall receive a rollover of TWENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($22,500.00) from HUSBAND'S E-Trade IRA. HUSBAND shall retain his ESOP plan and any increase in value since separation and his 401(K) accounts, as well as any increase in value. He shall also receive in its entirety the above referenced Harris Pension. HUSBAND shall additionally retain in full Draft - 71212004 17 all sums remaining in the E- Trade IRA after the payment of the sums referenced above. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. HUSBAND shall carry life insurance in an amount not less than TWO HUNDRED THOUSAND DOLLARS ($200,000.00) with WIFE as trustee for the benefit of the children until the youngest child reaches twenty one (21) years. G. CASH PAYMENT TO WIFE HUSBAND shall pay to WIFE the sum of TWENTY FIVE THOUSAND DOLLARS ($25,000.00) upon sale or refinance of the marital home. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnifY and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. Draft - 71212004 18 In addition to the liens upon the real estate and the loan due on WIFE's vehicle, HUSBAND shall be liable and responsible for the following debts and will indemnify and hold WIFE harmless from the same: 1. PNC Line of Credit, Account No. 4003041859003369 with an approximate balance $ 4,822.12 2. PNC Line of Credit, Account No. 4003041859021346 (Steve's Mothers) with an approximate balance $ 4,922.37 3. MembersFirst Visa Credit Card, Account No. 4287590005165853 with an approximate balance $ 8,221.49 4. Fleet Titanium Credit Card, Account No. 4305500911258963 with an approximate balance $ 9.40 5. Susquehanna Valley FCU Credit Card, Account No. 4519805000006039 with an approximate balance $ 240.00 6. Capital One Credit Card, Account No. 5466302334873490 with an approximate balance $26,376.38 HUSBAND shall refinance said debts or transfer any and all balances on these debts to individually titled credit cards or otherwise secure WIFE's release from the indebtedness within sixty (60) days of the date of this Agreement. Further, HUSBAND agrees to indemnify and hold WIFE hannIess from each of the aforementioned debts and agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from any debt incurred during the marriage. To the Draft - 7 n.n.OO4 19 best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are tenninated. SECTION m CHILD SUPPORT, ALIMONY 1. ALIMONY. SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and fmal satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. HUSBAND and WIFE further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, alimony and maintenance. 2. MEDICAL INSURANCE ASSISTANCE In lieu of alimony, HUSBAND agrees to pay to WIFE the swn THREE HUNDRED DOLLARS ($300.00) per month to assist her with her increased insurance costs. This swn shall continue for a period of thirty-six (36) months and shall be payable on the first day of each month by HUSBAND directly to WIFE. This payment shall not Draft - 7/212004 20 be increased or decreased with any change in insurance programs or marital status of WIFE and shall not be less or more than thirty-six (36) months. This provision is non- modifiable. 3. CHaD SUPPORT HUSBAND agrees to pay the sum of ONE THOUSAND DOLLARS (SI,OOO.OO) per month as support for the parties' three (3) children. This is based on a shared equal custodial agreement between the parties as set forth in paragraph 4 below. This payment shalI be retroactive to the date of WIFE'S filing for support at Domestic Relations, which date was May 21, 2004. This Agreement shall be entered as a stipulated order through Domestic Relations and the pending conference scheduled for Tuesday, August 10, 2004 at 9:00 a.m. shall be cancelled. HUSBAND shall pay to WIFE the sum of $3,000.00 in arrearage and support due to WIFE through August 21,2004. The order at Domestic Relations shall become effective August 21,2004. In addition to the base support, HUSBAND agrees to pay to WIFE thirty percent (30"10) of any gross bonus, less actual taxes paid by HUSBAND on said amount, received by HUSBAND during the calendar year. HUSBAND shall also cany health insurance for the children. This obligation shall continue while the children are eligible to receive coverage, including the years they are enrolled in post high school education. HUSBAND shall also pay 75% ofnon- Draft - 71212004 21 reimbursed medical expenses incurred by WIFE for each child after the annual $250.00 threshold sum is satisfied. HUSBAND and WIFE shall share equally the costs of any and all extracurricular activities they mutually enrolled their children in. For tax year 2004, the parties agree that HUSBAND shall claim two (2) children and WIFE shall claim one (I) child. This tax filing status shall continue for each year thereafter unless a new support order is entered. 4. CUSTODY The parties shall execute the Custody Agreement attached hereto as Exhibit "B" and said Agreement shall be entered as a separate order of court. TillS SPACE HAS BEEN INTENTIONALLY LEFT BLANK Draft - 71212004 22 SECTION IV 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ~~, ~ PAMELA C. BUTZ Draft - 71212004 COMMONWEALTH OF PENNSYLVANIA COUNTY OF .Af~ ) ) SS. ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared STEVEN D. BUTZ, who being duly affrrmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this ~ ,# day of ~ 2004. ~~h~ NOTARYPUBLI My commission expires: MMONWEAL TH OF PENNSYLVANIA _So.- lJebraK.SpiIner.NaBy~ ) Cily Of HanIsburg, Dauphn Ccu1Iy My Cu......... EJIphs Sept. 3. 'JJX11 Member, Pennsytvania AliIlOd.UDn Of Notaries COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF CUMBERLAND ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared PAMELA C. BUTZ, who being duly affrrmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knOWI~'.information and belief. e d subscribed to before me this ~ day oftiu ~/, 2004. . (SEAL) NOTARW. SEAl. IIAIIIAM. SUftIU-stII.JJVAN NaIaIy NIle ~1IClIICUGlH .~ CI& IE! NlDCOUNlY (:1 .;L' . . NcIv Ill. 2CIlI7 Draft - 71212004 EXHIBIT "A" E*TRADE FINANCIAL Option. ,ok Page 1 of2 E TRADE FIN A N C I A L' "111 MAP t1ELP II:I:3 ... My Account --- -- -- - -- ---- Modeling Trading PelsOJlCllltlfo Company Library . May 12, 2004 3:31 PM EDT OptionsLink D~ Mv Account Stock Options Stock Option Grants Records 'N" ./,~; ,,: .." ':",3<,,:<::: ",.."" I"'" 'i":: , onquCl 5 V'i Leam,aboutthesetwotypft of stock options, including nolding periods, tax consequences, and mo.... (Requires Flash 6) W'*h_.I....vle . 150s' Preferences Transaction H1st!!rY W*h ISO ....vie 4 fAg Below are details of the stock options you've been granted by your employer. Download Forms Ir..ans Granted Number Type Price Shares Exercisable 16-FEB-'999 00000272 ISO 515.530 603 603 17-FEB-2000 00000474 ISO $8,460 603 483 22-FEB-2001 00000663 ISO $9 490 603 363 2ll-DEC-200' 00000856 ISO 513.850 '.050 630 21-MAR-2002 00000961 ISO 5'5.870 68' 273 26-MAR-2003 00020113 ISO 516.760 '."7 224 22-JAN-2004 2004039 ISO 522.580 1.000 0 Ready \0 make a transaction? Go \0 Sell Shares now. Contact Us EOTRADE FINANCIAL EOTRADE Bank Executive Services ~ Stock Quote WAYPOIIIIT FINANCIAL CORP WYPT 26.23 Bid, 26.17 Ask, 26.23 05/1212004 03:10 PM EDT 20-minute delayed quotes Detailed I Update GET FREE RTO Real-Time Quoles is a FREE service for E-TRADE Optior'lsLink cuslomers. Normally 8 $120!year service. Real- Time Quotes. RTQ. brings you LIVE market quoles. Click the -GET FREe: RiO'- button to receive tnis valuable service at no charge. II ,,~ e'(. If 7Y in\r&s!menl PrOd.JCls: . No~ FDIC Insurect . No Ba!"!h. GUiirantee . Ma,. lese VCl!~le St,atemen! o.f Financ:ial Condition , About Bro.kerage ![lSuf.llnc.e I U~er Agreement I Priv~~y Statement JUL-25-211111l4 16: 13 E*TRADE FINANCIAL Optioru.~.IIlk P.B2 Page 1 ot:l ETRADE FIN A N C I A L" 'Jlh MAP '-"fLP ~ ......MYAttO"nt_ , May n. 2004 3:31 PM EDT . . OptionsLink MJ.Agl.'PJ,lM Stock Options [3~ Review Vesting Schedule eHeI, Records User Name: STEVEN BUTZ Grant Number: 00000272 Grant Date: 16.FEB-1999 Option Price: $15.530 Prefe[!lQl:;U Trans~n Hi!ltorv Download Forms Granted Vested Vested shares exercis!lble Vest date Vest type Expire date 120 1ao 120 aO-ApR-2004 On Vest Date 04..JAN-aOOSI 120 i20 120 aD-APR-2003 On Vost Date 04-JAN.2D09 121 121 121 ao-APR.;l002 On Vl!st OaUl 04..JAN.2009 121 121 121 2D-APR.2001 On Vest Dale 04..JAN-2009 121 121 121 2O-APR.;lOOO On VOSI OalO 04..JAN.;l009 ReIU.ID1~~1c Omian Grant Oetllil .EAQ k.QlWLl<t!.!.1l ~BAC.E FIN".fJlg&. E"TRAOE B.ank I!!w.e:utive S8nd.~ .. . Stock Quote WAYPOINT ~IIIlANCIAL CORP WVPT 26.22 + Bid: 2621 Ask, 26.22 05112/2004 03:1'i PM EOT 20-minure- delayea: Quotes Detailed I Updllte GET FREE RTC R..I- Time QUDLeS is II FREE s8rvic8 for E-rRACE OptiansLink custalT\&!ors. Normally 8 S1Z0Jyear sel"'llce. Real- Time Quoles. RTC. brings you LIVE marKet quote.. Click Ihe 'GET ~REE RTQ!" button to receive INs valuable service al no ch:trg~. InV'D'stml!lnt Produets.: . Not FOIC Il"!sursd . No Barl'" Guaranlife . May Los. V.,!us :s.;ale>m!lnL9.tF:jn~11!':,~LG9.n.!,ij\lQ.n. i t'>.ttOJ'.t Broj(~Jag~J.!J.~l!!:;i!)~ I Y.~.l![~g[~ero~.rrt J Er.JY.<!!;Y..s..tC!!e_rne>nl https://optionslink.etrade.com/eltlapplogiclOLReviewV estSche?planid~21414444 5/12/2004 JUL-26-2004 16:14 I:. - ! 1V\.l.1L r !J'IA.I'll...!.tU.. UpUUll. .lJ.\. P.03 "''''''8'"'.& Vol."'" E-TRADE FIN A N C I A L' \lH MA~ HLlP ~ I!IJm'....MyACC>Unt_ , May 12, 2DIU 3:32 PM EDT OptionsLink D.!!!!I.2lI'. My Account Stock Options Review Vesting Schedule . Help Reco~lts User Name: STEVEN BUTZ Grant Number: 00000474 Grant Dale: 17.FEB-2000 Option Price: 58.460 Preferenc@.s, ~tton Histo..!J! EAQ. Granted Vested Vested shal'lls exercisable Vest date Vest 1ype Expire date 120 0 0 '7-FEB-2005 On Vest Dale t7-l'EB-201D 120 120 120 17-l'EB.2004 On Vost Dale 17.FEB-2010 121 121 121 17-l'EB.2Q03 On Vest ea.. 17.FEIlo2D10 121 121 121 17-l'EB-2D02 On Vesl eale 17-FEB-2010 121 121 '21 17.FEB-200' On Vest Dale 17-FEB-2010 Retum la Slo..:;k Qprlcn Grant Oeti!lil Dnwnload Farms CantjlqlJJl; E"TRADE flIIVl.NCIAL E"TRADE Ban k EDcYl;ive ~oW;u. A Stock Quote WAYPOINT FINANCJAL CORP WYPT 2&.25 .. Bia': 26.23 Ask: 26.25 05/'2/2004 03:11 PM EDT 20....inute de'lyed quolss Detailed I Update GET FREE RTQ Real-Time aUO~5 is a FREE service fer E"TRAOE OpuonsUnk custclTlfi!rs. Normally ;a S120/yearservice. Real- Time Quenes, RTQ, bnng& you LIVE markel quotes. Click the -GET FREE RTOl" bUlla" 10 receive rhis yaluable service at no charge. Inve:;tment Prcducts: . Not FDIC Insured . No Bank GUIT8!'iLee . May Lose Value ~t~ternent .of ELn;;ncilll Conci!!!!1" : AbOl!tBrQk~ragel!1Sl,lranc~ I llse.r Ag~e~'!I~nt I pril(acJl.. S!.l!\~!Jl!!-'J.! .L.LL&,I-',:)." vtJUU,u.:Io.I.uU\.....u.G.UL...\"oV.L.I.Jllo"i Lf g.AJAJ.1UC;.1W '-'......l'.1,; wu::w ,,~&..:Uw.1.1'1;:;:AJl4L.U.U-.L. .I. "T.1-t-t..J .I. .)i.l.L'",-VV-t JUL-26-21211214 16: 14 E*TRADE FINANCIAL OptiOl1. ,nJe P.12I4 rage 1 Dr.to E TRADE FIN A N C J A L' ~J,L~."\I' '-lOP ~ ~... My AtcDunt . ., M8y 12, 2008 3:32 PM EDT OptionsLink G ~ Mv Account Stock Options Review Vesting Schedule ellelJ Becords User Name: STEVEN BUTZ Grant Number; 00000663 Grant Date: 22-FEB-200' Option Price: $9.490 frefani!!nces !rIMaon Historv Contact Us Granted VlISted Vested shares """rei sable Vest date Vest type Expire date 120 D D 22.FEEl-2D06 On VIISf Dale 22.FEll-iD1 I 120 D D 22-FEB-2llD5 On Vest Date 22-FEIl-2011 121 121 121 22-FEB-2D04 On Vest Dahl 22-1'EB-2Dl I 121 121 121 22-FE6-2003 On VeS! Dale 22.FE6-201 I 121 121 121 22-1'EB-2002 On Vest Dale 22-FEB-201 I RelUm to S~pfKJn Grant OelaH FAO Download Forms E"'R~E FINANCIAL E'1RADl; Bank mcutive Servi~. , Stock Quote WAYPOINT FINANCIAL CORP WYPT 2&.25 + Sid: 26.23 Ask: 26.25 D5112/2C~4 03:1' PM EDT 2O~minUIli1 l:Il:layed qUO[eS Detailed I Update GET FREI; BIQ Real.Tirne QUOIIS is 8 FREE service f:>r E"TRADE Opt'onsUnk customers. Normally a S120Jyear urviCII. Real- Time Quotes, RTQ. tlring9 I'OU liVe market DUOtes. Click ,he 'GET FREE RTQ!" button ta receive lIlis valUilble sel'Vice ;1 no charge. 1rn.'estmen1 PrcdLicll: . Not FDIC InfilL/l'8d . NO Bank Guaran11!e . M2!Y l.c&e Value Stiltel)'l.ent o.f FipilnciilJ Condi!icm I AbJ~LJtB.!:9!<~[!l.ll~JnSllr;'!.IJ~~ I u.S_!l.1.Aar.l!1I[!.m~n! I P.rivacY..l'!!~!!l-'!l!ml ........l--..:..,....t-' ~U.olU"'U,L.IA._~I.. a.y,~-I..U.lU; ~ u o:LiJIJJU~l(,:jUL.l<..e:::VU:;W V est~cne fPlanlQ;;;:L 14144~.L 5/12/2004 JUL-26-2004 16:14 C.l.Kf1.UC rll''1.''I..l'l....U\L VpLlUl. .m1\. P.05 .lCL5"'''' U.I...:. E TRADE FINANClAL l..r,lMA" I-j[..i~ ~ __YMyAl;count_ . .... .'. May 12. 21104 3:32 PM I!DT Options Link ~A...~ Stock Oplions [2j'NSOX Review Vesting Schedule . Help RI!!CDrdS User Name: STEVEN BU7Z Grant Number: 00000856 Grant Date: 20-0EC-2001 Option Price: $13.650 ~,.nCl!!s;; Transaction HistDllL FAa Granted Vested Vested shares exercisable Vest date Vest type Expire date 210 0 0 2O-DEC-2005 On Vest Dote 2O-DE(;..2011 210 0 0 20-DEC-20D4 On Vest Dale 2O-DEc.201l 210 210 210 2O.DEc-2003 On Vest Dote 2O-Dec-2011 210 210 210 2O.DEC-2002 On Ve.t Date 20-DEC-2011 210 210 210 2D-DEC-2001 On Ve.t Date 2O-DEC-2011 fkW.rn ED .!ltock Oction Gran! DAlail Download Forms CDntl!!SfJ,l..!! E"TRADE FINAN"'AL E"TRADE Bank !ilm!:U\Iv", SsrvI""" '. .. ! Stock Quote WAYPOINT FINAI>ICIAL CORP WYPT 26.25 + Bid: 26.23 Ask: 26.25 osn=04 03:11PM EDT 2O-",inule d8JByed q LlC'tes Detailed I Update GET FREE RTO Relll. TiTle Quates is a FREE ,.,...,ice for E"TRADE Option.Link cuslomers. N"~millly iI S1201ygat ssrvice. Reel- Time QUDtl., RlQ, bring! you LIVE mark", qUDI.S. Click lhe 'GET FREE RTQ!" bunon to receive this valuable sarvies ar nc ch:lilrgs. Ir.Vfi::nenl Products: . No! rOle InsUieO . No Ba!'\" Guaramee . Mr.y Lose Vllue S1atli1rn~n!.9.ff.irJ~n.l<li;lLQQ!1PitiQ1! i 81;l.QlIJ.BrPkElr~gi;lJn!!dr;!,O,gEl I .USi'r.A9r'-ElJ!lent I PriV;'-C;Y_.l'i!l;l~E!.!!!.El.nt .. r- .r.'--~~~U"''''-L__...""_",_",,,,OoJ> ..........i-"'...,O....../VL.o...''"'V.lli:fW" ~L.:Jo~!pJ.d.Illn=~l.,.l~~ ;)/I..U.lUU4 JUL-26-2004 16:14 E*TRADE FINANCIAL Option~~lnk P.12l6 Page J ot 2 E TRADE FINANCIAL .s! fF MA!' \~LlP .c:m:J . My Account ------ -----~- ~tkLing T~mg Pl'r~r.Dr tofo :urr.pan'll" LJbrary . .. .n. May '2. ZOO4 3:32 PII EDT OptionsLink .Mx..AkcP.1Im Sleek Options G'NBOX Review Vesting Schedule .Hel~ Records User Name: STEVEN BUTZ Grant Number: 00000961 Grant Date: 21-MAR-2002 Option Price: $15.870 Pl'l!ferences Transaction. .tIiStmx FAQ Granted Vested Vested shares 8xercisable Vest date Vest typs Expire date '36 0 0 2'-MAR-2Q07 On Ve.. Dale Z1-MAR-2C12 136 0 0 21-MAR.2Q06 On Vest Dlte 2'-MAR-201Z '36 0 0 21-MAR-2005 On Vest Date 21.MAR-201Z 136 '36 136 21-MAR-20D4 On Vest Ollie Z1-MAR'Z012 137 137 137 21-MAR-ZOO3 On Ve51 Da'e 21.MAR-2012 Retum to Stock Celion Gran[ Oel.lllil Download Forms !;.amm..!.!I E"TRADE E!~NCIAL MRADE Ballll Ex,er:utiVII Services . . ~ stock Quote WAYPOINT FINANCIAL CORP WYPT 26.24 + Bia: 21;'23 Ask: 28.2-4 05.1'1212004 03:12 PM EDT ZO-m;nu.. delayed Quoles Detailed I Update GET FREE RTQ ReaI~Tim. QuatBs is a FREE serviCII For E"TRADE OptionsLink custam.r'S. Ngrmall)' S $12Q/ye.r"nAce.Ae.~ rime Quctes. ATe, brings you LIVE markllt QUOte5. Clic~ 11I0 "GET <=FlEE RTO!. button 10 receIVe Ihls VIIJuBble S8Mc~ If no charge. In\:asimet'li. Pr~a:iJCIS~ .. No~ FDIC lnsured . No Bank Guarantee . May Lose Va!;.;e ~!1l.t~!11~l1t9f. Ein~l1C1ElI_~,.g.o!jl1!Q.(l J [;Q9UI ~rokeri.lg~J.nsYr.!!.nctl I U!!!lL~ee!1l.!tlJ.! I P..rOC...l;;y". ~t;jt!!lT1ent ""l'~." "!>1.l0"~HIlK.eU'aae.COl11lCl U apploglClULKeY1ewV estSch.e'!planid=214 J 4453 5il212004 JUL-26-2004 16:14 t:'" fKAUr. to INANL.:IAL upno. JIIlK P.07 rugc L Ul" 4. E:TRADE F J NAN C ) A L' 5..!h H...W -(UP c;m ~""MyACC:OUm._ OptionsLink Mlt..Al:.~ Stock Options May 12. 20M 3:32 PM EDT GINBOX' Review Vesting Schedule GHelp Records User Name: STEVEN BUTZ Grant Number: 00020113 Grant Date: 26-MAR-2003 Option Price: $16.760 Prmal"Ancss Ir;ms.Gtion Histmy fAg Granted Vested Vested shares exercisable Vest date Vest type Expire date 223 0 0 28-MAR-2ll0B On V01II Dale 2fl-MAR-2013 223 0 0 26-MAR..zo07 On Vost Dale 2fl-MAR-2013 223 0 0 2fl.MAFI-2006 On V... Dole 26-MAR.2013 22-4 0 0 26.MAR-2005 On Vest Dale 26-MAR.2013 224 224 224 26,MAR-2004 On Vest Date 26-MAR-2013 ~nGrilntOBlail ~nlaad Forms ~RI'tacl Us e"TRADE FINAltClAL E,"TRADE Bank Executive Services .J Stock Quote WAYPOINT FINANCIAL CORP WYPT 26.23 Bid: 26.19 Ask: 25.25 05112/2004 03:12 PM EDT 20-minule delated quctes Detailed I Update GET FREE RTO Real-rUT!. auc~s is a FReE "Me. for E'TRADE OplicnsLink cllCfOmers. Norma II)' e $1201year service. Real- lime QUOIeS. RoTC. bnl1gs you LIVE market Quoles. Cliok me "GET FREE RTQ!" butlon to receive Ihrs valuable servic. at no cl':.arge. In\i9s:lm.r.~ PrQ;:!~et9: . Net i='DIC Insured . No Bank Guaram.. . May I.ose VaiLle ~t;;lJ!trrt~!Jt.o.f Finlil~.~ii!l. CQ,(llll\jp.o i AtlQul BrokeraggJll.iy'ral'J~ I !.l!!!!r.8gr.~ment I P.riY$!~y_s..tg!.E!me!!t ......t".... , ....t-'u.....oI.....:a..u..u,"....u Cl4.I......wUl.u. GI LI 4IJlJ.l.U~LC,,;J VLl\C;;VICW V csC)c.ne"!planJa:::;:lJ 414450 5/12/2004 J~_-25-2004 15'14 c"TKAlJl:. .l'!NANC!AL upno. ~1IllC P.08 rage J OT L. E TRADE FINANCIAL "nr MA!' ~ElP ~ ~ .. My Accoun1 May 12, 2004 3:33 PM EDT Options Link DIN.ex Mv Ac~.~ro Stock Options Review Vesting Schedule ~He" ~r-nrd~ User Name: STEVEN BUTZ Grant Number: 2004039 Grant Date: 22-JAN-20D4 Option Price: $22.580 Preferences T....nsactiDn His~ FAa Granted Vested Vested shares exercisable Vest date Vest type Expire date 200 0 0 22-JAN-2009 On Vest Date 22-JAN-2014 200 0 0 22.JAN.200B On VeSI Dale 22.JAN.2014 200 D 0 22-JAr.l-2007 On V.st D... 22-JAN.21114 200 0 0 22.JAN.2006 On Vo.. Dare 22.JAN.2014 200 0 0 22.JANo2005 On Ves! Date 22.JAN-2lI14 B~!dI!'lI2.!!,lQ!;l[gp'!JgnPlil!!l.~I'!ll Downla.ad Forms ~.P.Jltll.lf1.U& E"mADE, FINANCIAL E"TRADE Bank Executive Services ,. -., p ~ stock QUDte WA YPOINT FINANCIAL CORP WYPT 26.23 + !lid, 25.19 A.~: 26.25 0-'11212004 03:12 PM EPT 2O-minule delayed quotes Detailed I U!,date GET FREE RTO Real-Time QU.:lleE: is a FREE seMOO f., E.TRADE OptiansLlnk custom".... Normally a S1201yeat service. Real- Tm'll Quotes. RTQ, brings you LIVE market qugtes. Cli=k rhe nGET FREE FUQ'- DUllOlllQ receive thiS wlu!lble service IT no ch_rge" Ir.Vislmenl Pro::l!Jctt" . Net FDIC Ir:surea . No Banll. Go.I3ran1ee . M2l:Y Lese Value SLa!erne[1t9f..F.llJ"JJgipJ.~9D.djlio.n !Ai;!p.~JJl.('Q.!s!lfji!gi!..J.nsJ.!r"QCJ~ I .!.I.~er A9.r~gJ.!1leDt I P,il;::~Cjt. ~~tte.m~nt ..."'.........::>>.1. VI-' u,UUO::U,liic...,'CL'-ClUC.4..:U.a:Ji c::.. uapplOgICI UL.K.eVleW V eS~c.he'!p121Jlld=2 i ::'7 1 067 5/12/2004 EXHIBIT "B" Barbara Sumple-SulIivan. Esquire Supreme Court #3231 7 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND, PENNSYLVANIA v. : NO: SlEVEN D. BUTZ, Defendant : CIVIL ACTION - LAW : IN CUSTODY ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this day of , 2004, upon consideration of the foregoing Stipulation for Custody and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Pamela C. Butz, and P. Richard Wagner, Esquire, counsel for Defendant, Steven D. Butz, it is hereby ordered, adjudged and decreed that the terms, conditions and provisions of the foregoing Stipulation for Custody dated , 2004 are adopted as an Order of Court. BY THE COURT, J. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO: STEVEN D. BUTZ, Defendant : CIVIL ACTION - LAW STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this_ day of , 2004, by and between Pamela C. Butz, (hereinafter referred to as "Mother") an adult individual residing at 1784 Winterhaven Drive, Mechanicsburg, Cwnberland County, Pennsylvania, and Steven D. Butt, (hereinafter referred to as "Father") an adult individual residing at 1784 Winterhaven Drive, Mechanicsburg, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, Mother and Father are the natural parents of three (3) children, Madeline G. Butz, (born October 12, 1992), MorganA. Butz, (born July 30,1994), and Meredith O. Butz, (born September 9, 1996); WHEREAS, Mother and Father have decided to divorce and Mother will be relocating from the marital home; .. .. . - - -- --. -..- - -. --.. ---- -- - ...-.--- WHEREAS, the parties now desire to amicably resolve an matters concerning custody by agreement related to creation of a custody plan; NOW THEREFORE, the parties intending to be legally bOlUld, do agree as fonows: 1. It is in the best interest of the minor children to allow the parties to share legal and physical custody. 2. The parties hereby agree that an Order of Court shan be entered setting forth the following terms: A. LEGAL CUSTODY DEFINED. The parties agree that major decisions concerning the children's health, welfare, education, religious training and upbringing shall be made by the parents jointly. after discussion and consultation with each other, with a view towards obtaining and following a hannonious policy to arrive at decisions that are in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shan notifY the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact their mother and father by telephone at all reasonable times. B. JOINT PHYSICAL CUSTODY. 1) WEEK DAY SCHEDULE: Physical custody of the minor children shall be shared by Mother and Father on the fonowing schedule: ___ n. ___.__ __ _____. ______ ____________________________.._ _ _. ..____ ._-. --- ---..-.-.-.. A) Beginning on May 30, 2004 and continuing for four weeks from said date, Mother shall have physical custody of the minor children commencing on Sunday evening at 6 p.m. and continuing through Thursday evening at 6 p.m. During each of those four weeks, Father shall begin custody on Thursday evening at 6 p.m. and continue to Sunday at 6 p.m. He shall then return the children to Mother. B) Beginning on June 27, 2004 and continuing for four weeks from said date, Father shall have physical custody of the minor children commencing on Sunday evening at 6 p.m. and continuing through Thursday evening at 6 p.m. During each of those four weeks, Mother shall begin custody on Thursday evening at 6 p.m. and continue to Sunday at 6 p.m. She shall then return the children to Father. C) Thereafter, the parties agree to continue to alternate the periods of custody every four weeks in accordance with the schedule referenced in A and B above. 2) HOLIDAYS: The parties agree that all holidays shall be shared equally between them as they agree. 3) VACATIONS: Each party shaH have at least two weeks of vacation time each year. A week of time shall consist of a seven day period. Thirty days advance notice of the chosen week must be given to the other parent. 4) OTHER RELATIONSHIPS: Each party shall not allow any unrelated members of the opposite sex overnight in their homes while the children are present. In the event either parent is involved in a significant relationship which will include the other having unrelated parties staying overnight, he or she must give a thirty (30) day advance notice to the other parent of this change in living arrangements. C. RELOCATION: In the event either parent decides to relocate outside of the Mechanicsburg School District, which may cause a material change in this schedule, the parent shaH give the other at least sixty (60) days notice prior to any change of address. 3 D. TELEPHONE CONTACT: Each parent shall be entitled to reasonable telephone contact with the children while they are in the custody and control of the other parent. IN WIlNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a court order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE PRESENCE OF: WITNESSED: Sullivan, Esquire Pamela C. Butz ~~ Steven D. Butz 4 Q c -~ ""t~i:~ " '!-:. ">.{.: ~.~~ ..;:- ~ ) ~c:: ?~--I ...... ....., = "'" Jo- e/) ,..., -0 , ...., ~ ~~ .r.- eo ~ ~-n ;r-~ b( --I t ::r: -r. S!~ ~ r.:: ~ PAMELA C. BUTZ. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-403 STEVEN D. BUTZ, Defendant clva ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 30, 2004. 2. The marriage ofthe Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: 81s/01 STEVEN D. BUTZ (") c: .,.... --- ..... ,01 ~ . Q:C'" :~i~1' (/~~~ ~{;~!.' >~:;.; -~ -.:: ......, = = .... en 1"1 " I o ..... :2..... m- r- -em 80 ,_,0 -'-I' ;5~P -.~l J cjm "'"' ~> ~ " ::3: ':':' .c- eo PAMELA C. BUTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-403 STEVEN D. BUTZ, Defendant CIVll.. ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 verity that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities. DATE: elslo4 STEVEN D. BUTZ ('") c:: ....~ "I;' ~~; ~~: ~:~ :~~~. ~l~;' >~~ 1~'; ....;. :~ ....., = => .- en rTI -0 I o ,., ~~ r"r= """rJrTl :u6' o :.;-J,. ;.,:0 '-.-"CJ (jl'Tl o:-i .?:. .1:1 -< -n ::!: r~ .z:- v:J PAMELA C. BUTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-403 STEVEN D. BUTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 30, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. S. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~ 13/(Ot! (") c:: c"" ~~p ~..::; ;::.," U)";': ~~~:' -"..1 . >f~: ~~ ::;... '. ..... CO = .... en r'l -0 I o 'TI :2 rr'~ -o1Tl 60 ~6 ,':--r ----rl ~)(") om ~ -< -0 :3: r:-:> &" (Xl PAMELA C. BUTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-403 STEVEN D. BUTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE W AIYER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER !i33011cl OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 statement herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities. DATE: gJ3J /0 tj -A PAMELA' C. BUTZ n c ;C':" .oi,i.:; n:' ;:.~.. ::.~'T; =~.~ ~. ~ r;:f~:: .," J:f-:: ~.t~ :~ ...., = = ..r::- en r-"I -0 I ~ :2..., m- .- "C.-n :i.:J- '?'6 :;~~ =H >~O dm ~ ~n -< -0 :I: ~ z:- OD Barbara Sump1e-SuIlivan, Esquire Supreme Coon #32317 549 Bridge Slreet New Cumberland, PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA NO. 04-403 STEVEN D. BUTZ, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce 2. Date and manner of service of the complaint: Acceptance of Service on February 12, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff August 5, 2004; by Defendant August 31, 2004. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated August 5, 2004 and incorporated, but not merged, into the Decree. See paragraph 5, page 5 ofthe Agreement. 5. Date Plaintiff's Waiver of Notice in 3301(c) Di c was filed with Prothonotary: September I, 2004. Date Defendant's Waiver of Notice in 01 ) . ce was filed with Prothonotary: September 1, 2004. Barb a Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff Dated: August 3/. 2004 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 PAMELA C. BUTZ, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 04-403 STEVEN D. BUTZ, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sump Ie-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: August _' 2004 P. Richard Wagner, Esquire Mancke, Wagner, Tully & Spreha 2233 North Front Street Hom,bong, PA ~ (/ Barbara Sumple-Sullivan 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court ill #32317 Attorney for Plaintiff ~ . (') c.-::-: ~..~ ~~ti 1,:./ u.:.. -~. . c.r' ~~~. r~~ ;-~~~ ~ ...., C'~ C;.::J ...- (/) ,.-., -U I o -n :;:! i-iif1 -0'''' ..lJX-' (.., ::1 ..l -.........., ".", .." '.~O tjl"t1 ,f-1 :'D '-< -n ::J:: ~! s:- \D IN THE COURT OF COMMON PLEAS OFCUM8ERLANDCOUNTY STATE OF PENNA. PJ\ME[A c. Bl1l'Z, Plaintiff No. 04-403 VERSUS STEVEN D. BllTZ, Defendant DECREE IN DIVORCE AND NOW, -4s"""'~ lof" 2004 , IT IS ORDERED AND . DECREED THAT PJ\ME[A c. BllTZ . PLAINTIFF. AND Sl'EVEN D. BllTZ . , 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; All natters have been resolved between the parties pursuant to the Marital Settlement Agreement dated August 5, 2004 and incorporated, but not merged, into the Decree. . . BY THE COURT: . J. PROTHONOTARY . . . l" ~ ~ ~ ~ :"..t ~ AC1. 'II' ~ -....~.1 ~~ - -~ ~ ?- ~ ~ . /'l;J /1r7 'II, b .. .....~.. ..... v NOV 2 9 2004 <t PAMELA C. BUTZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-403 STEVEN D. BUTZ, Defendant : CIVIL ACTION - LAW : IN DIVORCE STIPULATED QUALIFIED DOMESTIC Rl~LA TIONS ORDER \VHEREAS, this action for divorce WaS brought by Pamela C. Butz against Steven D. Butz, seeking termination of the marriage and a division of their marital property; and WHEREAS, a domestic relations order providing for division of the marital property of the parties was approved by the Cumberland County Common Pleas Court, Domestic Relations Division, which provides for a division of the marital estate and all other property, real and ... personal, tangible and intangible, including the interests <1>f Defendant in The PNC Financial Services Group, Inc. Pension Plan, hereafter known as "PI~:"; and WHEREAS, the Court has hereby ordered as follows: I. Definition of Terms: .A. Domestic Rel2.tions Order. The term "Domestic Relations Order" means a Judgment, Decree, or Order (including approval of a property settlemen~ agreement) which: (1) relates to the provision of child support, alimony/maintenance payments, or marital property rights of a spOUSt~, former spouse, child, or other dependent of a Participant, and (2) is made pursuant to a state domestic relations law. .... B. Qualified Domestic Relations Order. The term "Qualified Domestic Relations Order" means a Domestic Relations Order which: (1) creates or recognizes the existence <I>f an Alternate Payee's rights to, or assigns to an Alternate Payee the ri&ht to, receive all or a portion of the benefits payable with respect to a pattic:ipant under Plan; (2) clearly specifies certain facts, as set forth in paragraph II herein; and (3) does not alter the amount or form of benefits under a Plan. C. Participant. The term "Participanf' means Steven D. Bu1jz whose date of birth is October 30, 1964 and whose Social Security Number is to:5-52-6160. D. Alternate Payee. The term "Alternate Payee" means a spo*se:, former spouse, child or other dependent of the Participant who is recogni;' d by a Domestic Relations Order as having a right to receive all, or a portion of, e benefits payable under a Plan with respect to which such Participate, and for poses of the Employee Retirement Income Security Act of 1974 (herein called 'fERISA"), shall have the rights of a beneficiary under the Plan. Said Alternate P~yee is Pamela C. Butz, whose birth date is April 3, 1967 and whose Social Secunty Number is 207-44-6596. II. The following facts are relevant to the creation and/6r assignment of retirement benefits provided herein and are required by ERISA Sectioni206(d)(3): A. This Order applies to the following qualified~etirementplan: The PNC Financial Services Group, Inc. Pension Plan (the "Plann. B. The name and mailing address of the Particinant is: Steven D. Butz 1784 Winterhaven Drive Mechanicsburg, P A 17050 2 ... c. The name and mailing address of the Altern~t~: Payee is: Pamela C. Butz 80 Keefer Way Mechanicsburg, P A 17055 D. I ! The Participant and the Alternate Payee w~n~ manied on May 4, 1991. The maniage of the Participant and the Alternate rayee was terminated on September 14, 2004. ! I The Participant assigns to the Alternate pJye:e, and the Plan shall pay to the Alternate Payee, the benefit described beloJ: E. (1) A pension equal to one hundred Pfrc:ent (1000/0) of the Participant's accrued benefit; (2) The pension payable to the Alternate ayee shall be paid in the form of an annuity for the Alternate Payee's life' le. To account for the difference ages (and resulting difference in life xpectancies) of the Participant and Alternate Payee, the pension shall b actuarially adjusted in the manner prescribed by the plan. (3) As an alternative to the single life Luity described in (2) above, the Alternate Payee may elect any othe payment option which would be available to the Participant under the lan, except for an annuity payable for the lifetimes of both the Alterna e Payee and the Alternate Payee's spouse. If the Alternate Payee elect an alternative payment option, the Alternate Payee's benefit payments hall be actuarially adjusted in the manner prescribed by the Plan. (4) The Alternate Payee's benefit payme ts described above shall be payable at a time elected by the Alternate Pa ee, provided that such time is not before the Participant's "earliest re . ement age" as defined in ERISA Section 206( d)(3)(E)(ii), and further rovided that an election to receive benefits prior to the Participant's att . ment of age 62 shall result in a reduction in such pension in the mann r prescribed by the Plan. Under the terms of the Plan, this Participant's e lit~st retirement age will be attained on October 30,2019. I I (5) If the Alternate Payee dies after benefi~ payments commence but before all benefits have been distributed under ~e form of distribution elected by the I ! 3 ! . . Alternate Payee, then the Alternate Payee's benefits shall be paid in accordance with the Beneficiary designation on file or if no such election is on file, then in accordance with the default beneficiaries defined in the plan document. F. Solely for the purposes of the benilts paid under subparagraph E.(1) above to the Alternate Payee, the Alt mate Payee shall be treated as the surviving spouse of the Participant. . s subparagraph is only intended to clarify that the benefits are paya1)le to the Alternate Payee under I subparagraph E. (1) above even in the event the Participant predeceases the Alternate Payee. However, the Altenlat,e Payee shall not be treated as the surviving spouse for purposes of any other retirement benefits or ancillary benefits payable with respect to the Par1icipant under the Plan. I The Participant's accrued benefit under the I Plan will be offset by the benefits payable to the Alternate Payee under E. (1) abbve. The Participant shall no longer have any rights or privileges associated withtf: benefit payments assigned to the Alternate Payee. For example, the survivin spouse of the Participant shall not receive any benefits with respect to the bene t payments assigned to the Alternate Payee. In addition, such assigned benefit p~a.ents shall not be affected by the death of the Participant. ' (6) G. The benefits payable to the Alternate Payee shall not be affected by any actions of the Participant nor shall they be affected by the Participant's death, termination of employment, retirement, disability or any o~r contingency which may affect the Participant or the Participant's accrued benefit. H. The Participant and the Alternate Payee shalllpromptly notify the Administrator of the Plan of any change in their addresses fro$ those set forth above in this Order. III. It is specifically provided that this Order will not require the Plan to provide any type or form of benefit, or any option, not otherwise provid~' lmder the Plan; will not require the Plan to provide increased benefits (determined on e basis of actuarial value); and will not require the payment of any benefits to the Alte ,ate Payee which are required to be paid to another Alternate Payee under another Orider previously determined to be a Qualified Domestic Relations Order. IV. The Participant, the Alternate Payee, and the Court intend that this Order will qualify as a Qualified Domestic Relations Order under ERISA Section 206(d)(3) and the provisions hereof shall be administered and interpreted in conf~nnity with such Section. The Court shall retain jurisdiction to amend this Order 0* for purposes of establishing or 4 . - . .. maintaining its qualification as a Qualified Domestic Relations Order under ERISA; provided that no amendment of this Order shall require the Plan to provide any type of form of benefit, or any option, not otherwise provided under the Plan. IT IS SO ORDERED. /l;.L 7J,~ / Zoo 'I. Dated STIPULATED: Parb.e1a C. Butz, Plaintiff Stev~- 5 >-. c:, uJJ Qc) t\::::C (")1>--1 :L ~: td().. ",lu.l \.J...::.c. r-- U- o c::> ... -~ ::C 0.- ?:~ ~:~) .--f \ ." , -::j I U Ld o _-r = C'> c-l \ l,L~ \ ...L ,5 (.J r-' r' " . " 4 ,...,,"' C-'l c-) ," , j ~:~-1 at.....: :.~.::J _~I I ) I -'-1 J ")'l ...., \..D , I -~ ("\ - ' r, c' --<I.: PAMELA C. BUTZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA W STEVEN D. BUTZ, NO: 04-403 CIVIL TERM Defendant NOTICE OF INTENTION TO RESUME FORMER (MAIDEN) NAME I. PAMELA C. BUTZ, Plaintiff in the above captioned action, do hereby give notice pursuant to 54 Pa. C.S. S 704 (a) of resuming my former (maiden) name and to be known as PAMELA EILEEN COOVER from and after the date hereof. (' l',\ C "fl ,) . . ! II( . ~,/ ' 1(;dc[rll Pamela C. Butz, (' to be known here r as (), /. II It/1t1l,fir /CJ/h~LU!J}C~/~ Pamela Eileen Coover Dated: December;{ g , 2005 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND S5. LAW OFFICES SNELBAKER &. BRENNEMAN, P.C. ) On the 28th day of December 2005, before me, a Notary Public, personally appeard Pamela C. Butz, to be known as Pamela Eileen Coover, known to me to be the person whose name is subscribed to the within document and acknowledaed that she executed the sane for the purpose contained therein: IN WITNESS ~~EREOF, I hereunto set my hand and 0 kicial seal. COMMONWEALTH OF PENNSYLVANIA NotartalSeal Susan L. MaIrazi. NoIary Public Mea'lanicsbulg Boro, Cumllt!ofand County My Co"h.l8eb, El<piIes Nov. 24. 2007 Member, P6t'trYSVfvanra l\ssocfation Of Notaries 1- 0 ~ ,....> 0 C) r.:::~ ~'.(, ~ ~ \=-~ i;-\ \t- c'J 0 rn. C) C> ~......."'; -. --J ~o ~ ...... '-.) ~ F ., -G - -<:: t (;? C> ~ - CY A' .J ""-