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HomeMy WebLinkAbout08-3549Kristin R. Reinhold, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Plaintiff, Keith B. Yorks KEITH B. YORKS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 - 3549 C,1V1( Term ROSEMARY A. YORKS, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despues de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 40 KEITH B. YORKS, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA ROSEMARY A. YORKS, Defendant NO. O fi- 35 4 CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Keith B. Yorks, an adult individual currently residing at 330 9 h Street, New Cumberland, Cumberland County, Pennsylvania. 17070. 2. The Defendant is Rosemary A. Yorks, an adult individual currently residing at 234 South 15t` Street, Camp Hill, Cumberland County, Pennsylvania. 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 24, 1977, in Carbon County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about June 11, 2008. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) -The marriage of the parties is irretrievably broken. The parties -separated on or about June 11, 2008. C. Section 3301(a)(6) -The Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and his life burdensome. 9. Plaintiff has been advised of the availability of marriage counseling and understands that he may request that his spouse and he participate in counseling. 10. Plaintiff does not request that the Court require that his spouse and he participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. COUNTI EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are incorporated herein by reference. 12. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Sections 3501 et.sea. of the Divorce Code of 1980. WHEREFORE, Plaintiff respectfully requests this Honorable Court equitably distribute all marital property, both real and personal, owned by the parties. Date: b fit 0 Respectfully submitted, THE LAW OFFIC S OF SILLIKER & REI*HOLD r 1 istin R Reinhol , Esc 5922 Li glestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 57911 Attorney for Plaintiff, Keith B. Yorks 1 AFFIDAVIT I, i L \ ! , pW hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: b / l 1 ? (? '( p sv i t tv C', KEITH B. YORKS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-3549 CIVIL TERM ROSEMARY A. YORKS, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Complaint in Divorce was served upon Rosemary A. Yorks, Defendant, on June 17, 2008, by Certified Mail, return receipt requested, addressed as follows: Rosemary A. Yorks 234 South 15th Street Camp Hill, PA 17011 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ' ( /17 4Ree Dreisbach ? ¦ G1mA*k* 1110M 1. rnd & Alm 0,1 101111 lifter 4 It t!rlwtfk?ted DeMvery is desired. ApMtt ¦ Print your name and address on the reverse x O so that we can return the card to you. B. Received by ( Printed ) of D*my ¦ Attach this card to the back of the maiipiece, Y or on the front if space permits. D. Is delNery address different from item 1 ? 1. Article Addressed to: if YES, enter dehrery address below: ? No 1?0z"_ry. A. ; ? ,3y so w1k I ill-11. C?uy-Hill -& 170/1 3. Service Type PCCwtlfled Melt ? Express Mall U Registered ? Return Recelpt for Mertwni e ? Insured Mail ? C.O.D. 2. ArWa Number 7007 2680 0000 6463 4223 (DwofarH+anraar-k N Ps Form 3611, Fd ruwy 2004 DprN M, Rrrrurrr R.c+ipt 102swar-wisw ra . _ Y co ?? e ri cr r 20iQ.''ii 14 ibis .J KEITH B. YORKS, vs. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3549 CIVIL TERM ROSEMARY A. YORKS, Defendant IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief COUNT I - EQUITABLE DISTRIBUTION 1. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II - ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. -40 79.00 (Add 7e+? po ink cxl F -7-] 3 - T_vl? R4f_ ;z t4 *6 3 WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV - COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. Samuel L. des Attorney for Defendant Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: S ?-q 7 -/ C) t.Ai RO Y A. YORKS KEITH B. YORKS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3549 CIVIL TERM c;w~ E°'1 ~ O "t"= ROSEMARY A. YORKS, -erg :CIVIL ACTION -LAW ~ '`~ ~,. _.-, ~:.-~, ~ Defendant IN DIVORCE ~ ~ ~ v; :, ~~ r ~ ~ ~~ c3 G~ AFFIDAVIT OF CONSENT ~- n 'L7 ~ ~ r T'' ~ -' p 1. A Complaint in -i Divorce under Section 3301(c) of the Divorce Code ~ ;~ s was filed on June 12, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably bnoken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Date: ~ 7 ~ d/2.- '/ U ~~~~! Keith B. Yorks ~~~ KEITH B. YORKS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3549 CIVIL TERM ROSEMARY A. YORKS, :CIVIL ACTION -LAW Defendant IN DIVORCE r~x~' ~„r n ~~ <~ vs-, WAIVER OF NOTICE OF INTEh1TION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3~1(c) ~ OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is ,,,, f~;~ ~, ~° N ~• =~~~ rrZw~.: ~ ~~_ .~. .~~ i ~ ~~ ~~ -,° 3 -~s~, tty ;;,, ~: 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 aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 P~..C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~GJ+~~ 7 O/ Keith B. Yorks KEITH B. YORKS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3549 CIVIL TERM ~ p --~, ROSEMARY A. YORKS, :CIVIL ACTION -LAW ..,~~ ~,`"., ~ ""~: Defendant IN DIVORCE ~'"~~ ~ -~~; ~ ~ ~~ ~ ~ AFFIDAVIT OF CONSENT ~' ~. ~ ~~ ~ ~; y.,~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Codes r was filed on June 12, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsifications to authorities. Date: ~•~~'~ Ro A. Yorks KEITH B. YORKS, Plaintiff v. ROSEMARY A. YORKS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3549 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF I]NTENT'ION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33@1 (c) OF THE DIVORCE CODE ~" ~~`-' ~~ cCS -~ ~--~ ~~ r - ~ ~~ ~ mac; ~o G ~' ~ ~ ~';: ~, -~ 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. f~ Date: ~- ~ 3- ~ a ~~ Ros ary A. Yor ~"1.. ~-~FF1C ~.~ ~;~~' p^pTNt3t~0~'AFtY 2~~2 ~~~ 17 P°~ 1~ 29 C~;~iEftLAhO CO ~ TY MARRIAGE SETTLEMENT AGI~$~~Y'I'~ By and between KEITH B. YORKS -AND- ROSEMARY A. YORKS Dated: 2012 V } INDEX PAGE 1. Divorce and 5eparation ................................................................................... 4 2. Division of Property ........................................................................................ 4 3. Husband's PSERS Pension ............................................................................. 7 4. Real estate located at 330 Ninth Street ........................................................... 8 5. Real estate located at 234 South 15'~ Street .................................................... 9 6. Sovereign Bank Corp., Inc. Stock ................................................................... 11 7. College Plus-Loans ......................................................................................... 11 8. Income Tax Prior Returns ............................................................................... 12 9. Execution of Additional Documents ............................................................... 13 10. Transfers Subject to Liens .............................................................................. 13 11. Complete Listing of Property ......................................................................... 13 12. Equitable Distribution of Property .................................................................. 13 13. Relinquishment of Ownership ....................................................................... 14 14. After-Acquired Property ................................................................................ 14 15. Debts .............................................................................................................. 14 16. Bankruptcy ..................................................................................................... 16 17. Health Insurance ............................................................................................ 17 18. 2005 Ford Escape ........................................................................................... 17 19. Alimony ......................................................................................................... 18 20. Full Disclosure ............................................................................................... 18 21. Releases ......................................................................................................... 18 22. Waiver of Beneficiary Designation ............................................................... 19 23 . Indemnification ........................................................................................ ...... 19 24. General Provisions ......................................................................................... 20 25. Fair and Equitable Contents ........................................................................... 20 26. Breach ............................................................................................................ 21 27. Independent Separate Covenants ................................................................... 21 28. Void Clauses .................................................................................................. 21 29. Execution of Documents ................................................................................ 22 30. Applicable Law .............................................................................................. 22 31. Non-Merger ................................................................................................... 22 32. Date of Execution .......................................................................................... 22 33. Disclosure and Waiver of Procedural Rights ................................................. 22 34. Tax Advice ..................................................................................................... 24 35. Legal Fees ..................................................................................................... 24 36. Representation of Parties ............................................................................... 24 Signature Page ............................................................................................... 25 Acknowledgement Page ................................................................................ 25 Exhibit "A" -Qualified Domestic Relations Order ..................................... 26 2 A~L~RRIAGE SETTLEMENT AGREEMENT AGREEMENT MADE this ~ day of , 2012, by and between Keith B. Yorks -AND- Rosemary A. Yorks, at Harrisburg, Pennsylvania. WHEREAS, the parties hereto are husband and wife, having been on September 24, 1977 at Cazbon County, Pennsylvania. WHEREAS, diverse and unhappy differences, disputes and di~'iculties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. The parties separated on June 12, 2008. NOW, THEREFORE, in consideration of the aforegoing premises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. Divorce and 3eus~ttion. The parties agree to the entry of a decree in divorce pursuant to Section 3301(c) of the Divorce Code of 1980. Husband and Wife shall at all times hereafter have the right to live sepazate and apart from each other and. to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint, or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness or unlawfulness of the cause leading to their living apart. A reconciliation will not void the provisions of this Agreement. 2. Division of Property. Husband and Wife agree that the following constitutes an equitable distribution of the marital property: A. The following shall become the sole and exclusive property of Husband: 1. Husband shall retain seventy percent (70%) of the marital portion of his Public School Employees' Retirement System pension and one hundred percent (100%) of the non-maariital portion of his PSERS retirement, as more fully set forth in pazagraph three of this Agreement. 4 2. Husband shall be entitled to sole possession and ownership of real estate located at 330 Ninth Street, New Cumberland, Cumberland County, Pennsylvania, as more fully set forth in pazagraph four of this Agreement. 3. Husband shall be entitled to sole possession and ownership of his fifty percent (50%) interest in "Mazgazet's property". 4. Husband shall be entitled to sole possession and ownership of his twenty five percent (25%) interest in "Catherine's property". 5. Husband shall be entitled to ownership of the gas and oil leases associated with "Mazgazet's property" and "Catherine's property" which were jointly signed by both Husband and Wife and which expire on June 12, 2012. In consideration of Wife's waiver of her interest in the gas and oil leases, the parties agree that in the event any rents, royalties, or other incomes result, after deduction of expenses paid out associated with these leases, one- half of the net proceeds shall be divided equally between the parties' three daughters. Husband would retain the remaining one- half net proceeds. Husband's obligation to make any payments to the parties' children applies until the gas and oil leases expire on June 12, 2012. 6. Husband shall be entitled to retain all household furnishings and other items of tangible personal property currently in his possession. 5 7. Husband shall retain any and all bank accounts held in his name alone. B. The following shall become the sole and exclusive property of Wife: 1. Wife shall be entitled to thirty percent (30%) of the marital portion of Husband's Public School Employees' Retirement System pension as more fully set forth in paragraph three of this Agreement. 2. Wife shall be entitled to sole possession and ownership of real estate located at 234 South 15'~ Street, Camp Hill, Cumberlan~ County, Pennsylvania, as more fully set forth in paragraph five of this Agreement. 3. Wife shall be entitled to possession and ownership of the 2009 Honda Civic, subject to any and all encumbrances. 4. Wife shall be entitled to the following retirement plans, which she accumulated during the course of past and present employment: Her Pinnacle Health 403(b) TSAT having a value of approximately One Hundred Thirteen Thousand Six Hundred Eighty Seven Dollars ($113,687.00) as of June 30, 2010; her Pinnacle Health pension plan having an appraised value of Fifty Three Thousand One Hundred Sixty Five Dollars ($53,165.00) as of August 18, 2009; her Associated Cardiologists profit'sharing plan having a value of approximately Twenty Six Thousand Seven Hundred Thirty Four Dollars ($26,734.00) as of June 30, 2010; her 6 ~ . Associated Cazdiologists defined benefit plan having a value of Eight Thousand Six Hundred Eighty Two Dollars ($8,682.00) as December 31, 2006; and her CGM Roth IRA in the amount of Eighteen Thousand One Hundred Thirty Two Dollars ($18,132.00) as of June 30, 2010. 5. Wife shall be entitled to retain all household furnishings and other items of tangible personal property currently in her possession. 6. Wife shall retain any and all. bank accounts held in her name alone. C. All personal property in the possession of each party as of the date of execution of this Agreement shall remain the sole and separate property of each parry respectively. D. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and other sources of income and based thereon they mutually agree that the property listed above constitutes the entire marital property. 3. Husbsd's P3ERS Peasioo. The parties hereby acknowledge that Husband is the owner of a PSERS retirement plan, a portion of which was earned during the pendency of the parties' mamage. The parties further acknowledge that the marital portion of Husband's PSERS retirement plan was appraised by Conrad Siegel Actuaries on August 18, 2009, which had a present marital value of Six Hundred Thirty Thousand Two Hundred Thirteen Dollars ($613,213.00). The parties hereby agree that 7 Wife shall be entitled to thirty percent (30%) of the marital portion of Husband's PSERS retirement and that he will select special option four so that Wife may receive her portion for the pendency of her lifetime. The parties hereby agree that immediately following the entry of a Decree in Divorce, they will both sign the Qualified Domestic Relations Order which is attached to this Agreement and mazked Exhibit "A". Once signed by both parties, Wife's counsel shall take the necessary steps to enter the QDRO as an Order and serve it upon the plan administrator of the Public School Employees' Retirement System. 4. Resl eatAte loc~tal at 330 Ninth Stmt. The parties hereby acknowledge they aze owners by the entireties of real estate located at 330 Nimth Street, New Cumberland, Cumberland County, Pennsylvania. The parties further acknowledge that the real estate appraised for One Hundred Twenty Five Thousand Dollars ($125,000.00) on September 17, 2009 and had a line of credit as of June 19, 2008 with Sovereign Bank in the amount of Forty Three Thousand Three Hundred Sixty Seven Dollazs ($43,367.00). The parties hereby agree that Husband shall be entitled to sole possession and ownership of said real estate. The parties further agree that Husband shall refinance or obtain a release of Wife from the line of credit obligation which exists on this property within 90 days of the date of the execution of this Agreement. Upon successful refinancing or release, Wife shall execute a warranty Deed conveyiMg to Husband all of her right, title, and interest to said property. Commencing on the execution date of this Agreement, Husband shall be solely responsible for the timely payment of all principal, interest, and other fees due under the line of credit, any and all costs or liabilities attributable to maintaining the real estate, including but not limited to all real estate taxes, water and sewer rents, gas, 8 electric, homeowners insurance, and maintenance expenses and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost, or expenses, including attorney's fees, which aze incurred in connection with such maintenance, costs, expenses, or resulting from Husband's ownership interest in said real estate. Commencing on the execution date of this Agreement, Husband shall be entitled to all rents and/or insurance proceeds due, owing, or paid relative to said real estate. In the event Husband is unable to refinance the line of credit relative to said property, or he is unable to obtain Wife's release from the line of credit obligation within 90 days of the date of the execution of this Agreement, the parties agree that said property shall be sold in order to release Wife's name from said obligation. Upon sale of the real estate, the net proceeds, after deduction of all expenses, fees, and taxes in connection with the sale, and after satisfaction of the lien of the line of credit, shall be the sole property of Husband. In the event the real estate needs improvement, whether capital or not, during the pendency of the sale, the parties agree that Husband shall be solely responsible for the cost of those improvements. Until the real estate is sold, Husband agrees to pay all mortgage payments, insurance, utilities, heating and maintenance expenses, all taxes and assessments which shall be due or become due, and all expenses of any sort and kind associated with maintaining the real estate. The parties agree that Husband shall be responsible for the drafting and recording of the warranty deed to this property. 5. Rest estate located at Z34 St-uth 15~ Street. The parties hereby acknowledge they are owners by the entireties of real estate located at 234 South 15th 9 Street, Camp Hill, Cumberland County, Pennsylvania. The parties further acknowledge that the real estate appraised for One Hundred Sixty Two Thousand Dollars ($162,000.00) on October 5, 2009 and had a line of credit as of June 20, 2008 with Sovereign Bank in the amount of Forty Five Thousand Nine Hundred Seventeen Dollars ($45,917.00). The parties hereby agree that Wife shall be entitled to sole possession and ownership of said real estate. The parties further agree that Wife shall refinance or obtai: a release of Husband from the line of credit obligation which exists on this property within 90 days of the date of the execution of this Agreement. Upon successful refinancing or release, Husband shall execute a warranty Deed conveying to Wife all of his right, title, and interest to said property. Commencing on the execution date of this Agreement, Wife shall be solely responsible for the timely payment of all principal, interest, and other fees due under the line of credit, any and all costs or liabilities attributable to maintaining the real estate, including but not limited to all real estate taxes, water and sewer rents, gas, electric, homeowners insurance, and maintenance expenses and repairs, and V~ife shall keep Husband and his successors, assigns, heirs, executors, and administrators indemnified and held harmless from any liability, cost, or expenses, including'attorney's fees, which are incurred in connection with such maintenance, costs, expenses, or resulting from Wife's ownership interest in said real estate. Commencing on the execution date of this Agreement, Wife shall be entitled to all rents and/or insurance proceeds due, owing, or paid relative to said real estate. In the event Wife is unable to refinance the line of credit relative to said property, or she is unable to obtain Husband's release from the line of credit obligation 10 within 90 days of the date of the execution of this Agreement, the parties agree that said property shall be sold in order to release Husband's name from said obligation. Upon sale of the real estate, the net proceeds, after deduction of all expenses, fees, and taxes in connection with the sale, and after satisfaction of the lien of the line of credit, shall be the sole property of Wife. In the event the real estate needs improvement, whether capital or not, during the pendency of the sale, the parties agree that Wife shall be solely responsible for the cost of those unprovements. Until the real estate is sold, W ife agrees to pay all mortgage payments, insurance, utilities, heating and maintenance expenses, all taxes and assessments which shall be due or become due, and all expenses of any sort anc kind associated with maintaining the real estate. The parties agree that Wife shall be responsible for the drafting and recording of the warranty deed to this property. 6. Sovereign Bank Corn« Inc. Stock. The parties hereby acknowledge that they aze joint owners of Sovereign Bank Corp., Inc. stock, hiving a value of approximately One Thousand Seven Hundred Thirty Six Dollars ($1,736.00) as of August 16, 2006. The parties hereby agree that they shall cooperate in selling the stock and shall equally divide the net proceeds. 7. College Plus Loans. The parties acknowledge that both Husband and Wife have taken out college PLUS loans for the benefit of their three children. The parties additionally acknowledge their agreement to equally share a payment of Twenty Five Thousand Dollars ($25,000.00) towazds each child's college education. husband and Wife have satisfied their Twenty Five Thousand Dollaz ($25,000.00) contribution to 11 Stephanie and Allison Yorks' college education. Husband and Wife have not yet fully satisfied their Twenty Five Thousand Dollaz ($25,000.00) contribution to Brittany Yorks' college education. The parties hereby agree that Husband and Wife shall each contribute a full Twelve Thousand Five Hundred Dollars ($12,500.00) towards Brittany's college education. Further the current total of all plus loans is One Hundred Thirty Six Thousand One Hundred Ninety Dollars ($136,190.00). It is the intention of the parties that all three children shall be fully liable for making the payment on the plus loans over and above the Twenty Five Thousand Dolaaz ($25,000.00) contribution from their pazents. However, in the event of a default or death of a child in paying her plus loans, the parties hereby agree that they shall equally divide the remaining outstanding balances of said plus loans, regazdless of in whose name the plus loan is held. Husband and Wife agree that Husband shall apply on behalf of Wife for the last plus loan for Brittany Yorks' college education in 2012. The parties hereby agree that Wife shall be entitled to claim Brittany as a dependent on her Federal and State Income Tax Returns for the fall semester of 2012. 8. Income Tu Prior Retarns. The parties have heretofore filed joint federal and state tax returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, the responsible party will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his 12 or her sepazate income on the aforesaid joint returns. In the event that any additional taxes, penalties or interest are assessed as a result of a mathematical error or s©me other reason not related to a party's under-reporting of income or claiming any improper deduction, such additional liability shall be divided equally between the parties. 9. Ezecntion of AddPttiennl Docass~ts. The parties agree to each sign AiTidavits of Consent and Waivers of Notice contemporaneously with the execution of this Agreement. The parties agree to execute any deeds, assignments, titles. or other instruments necessary and appropriate to accomplish the aforesaid division of property. 10. Transi'ers 3nb3ect to Liens. Notwithstanding any other provisions in this document all property transferred hereunder is subject to the: existing lien or liens set forth above. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 11. Complete Listing of Property. The parties represent and warrant to each other that the property described in this Agreement represents all of the property in which they have any right, title and interest, and that such property is subject to no mortgage, pledge, lien, security interest, encumbrance or chazge except those which aze disclosed herein. 12. Eanitgble Distribution oi' Properly. By this Agreement, the parties have intended to effect an equitable distribution of their jointly owned property. The parties have determined that an equitable division of such property conforms to a j' 13 and right standazd, with due regazd to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting a part of the marital estate. It is the intention of the parties to treat all transfers of property herein asnon-taxable. 13. Retinauishment of Ownaershim. Except as provided hdrein, Husband forever relinquishes any right or interest he may now or hereafter have in any assets now belonging to Wife, and Wife forever relinquishes any right or interest she now or hereafter have in any assets now belonging to Husband. 14. At'ter-AcaQired Pr~rty. Each of the parties shall hereafter and enjoy independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which aze hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 15. Debts. A. Husband and Wife agree to be responsible for the faint debts the parties as follows: Husband shall be responsible for the line of credit relative to the real estate located at 330 Ninth Street, New Cumberland, Pennsylvania, as more fully set forth in paragraph four of this Agreement. Wife shall be responsible for the line of credi~ relative to the real estate located at 234 South 15~` Street, Camp Hill, Pennsylvania, as more fully set forth in paragraph five of this Agreement. The parties agree to be equally liable in the event of their children's default on their plus loans as more fully set forth in 14 pazagraph seven of this Agreement. Wife shall be fully liable for the loan relative to her 2009 Honda Civic. Additionally, the parties shall be solely responsible for any credit cazds or loans held in their name alone. Husband covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Wife for any of the debt set forth herein above, Husband will at his sole expense, defend Wife against any such claim or demand, whether or not well-founded, and that he will indemnify and hold harmless Wife in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Wife. Wife covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold Husband for any of the debt set forth herein above, Wife will at her sole expense, defend Husband against any such claim or demand, whether or not well-founded, and that she will indemnify and hold harmless Husband in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband. B. All debts, contracts, obligations or liabilities incurred at any time in the past or future by either party will be paid promptly by said party, unless and 15 except as otherwise specifically set forth in this Agreement; and each of the parties hereto further promises, covenants and agrees that each will now and at all times hereafter save harmless and keep the other or his or her estate indemnified and save harmless from all debts or liabilities incurred by him or her, as the case may be, and from all actions, claims and demands whatsoever with respect thereto, and from all costs, legal or otherwise, and counsel fees whatsoever pertaining to such actions, claims and demands. Neither party shall, as of the date of this Agreement, contract nor incur any debt or liability for which the other or his or her property may be responsible, and shall indemnify and save harmless the other from any and all claims or demands made against him or her by reas~ of debts or obligations incurred by him or her and from all expenses, legal costs, and counsel fees unless provided to the contrary herein. 16. Ba~kra~tcv or Rco Froceedi~. 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 pazties 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. The payments called for in this Agreement aze not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement aze not subject to dischazge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain 16 their standazd of living as well as that of the parties' children. The parties acknowledge that there are not bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be dischazged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support aze not dischazgeable under current bankruptcy law or under any amendment thereto. Further, if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischazgeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 17. Health Insoronec. The parties agree that Wife shall provide health insurance for the parties' youngest child, Brittany Yorks, at such time as Husband retires in June of 2012. The parties agree that they shall mutually choose a health insurance provider for the child and shall equally divide the cost until May 30,.2013. 18. 20Q5 Ford Escape. The parties hereby acknowledge they purchased an automobile for the benefit of Brittany Yorks. The parties hereby agree that the title to the 2005 Ford Escape shall be transferred into Brittany's name within ten days 17 of the date of the execution of this Agreement, and they shall equally shaze in the costs and expenses relative to the vehicle until Brittany graduates from college. 19. Alimony. In exchange for and in consideration of the promises and representations made hereunder, Husband and Wife hereby waive and release any and all right, title, interest, claims or demand of whatsoever nature which he or she now has or hereafter can, shall or may have against the other or the respective separate property of the other under the laws of the Commonwealth of Pennsylvania or any other governing state, country, territory or jurisdiction in the nature of spousal support, maintenance or support, alimony, either pendente lite, temporary, rehabilitative, permanent or lump sum and right to seek equitable or community distribution or division or assignment of property or similaz marital rights. 20. Fall Disclosure. The respective parties do hereby warrant, represent and declare that he and she have made a full and complete disclosure to the other of all assets of any nature whatsoever in which such party has an interest and any further enumeration or statement thereof in this Agreement is specifically waived. Each party agrees that he or she shall not at any future time raise such a defense or otherwise the lack of such disclosure in any legal proceeding involving this Agreement with the exception of disclosure that may have been fraudulently withheld. 21. Releases. Each parry does hereby remise, release, quitclaim and forever dischazge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former 18 contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement or as otherwise stated in this Agreement. 22. Waiver of Be®e8e~ry nation. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 23. Inc~mniSicatioa Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim 19 or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of the warranties made by Husband or Wife to the other in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 24. General l?roviaiona This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There aze no representations or warranties other than those expressly set forth herein. 25. Fair and Epaihbie Contents. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations. Each party acknowledges and 20 accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 26. Breach. It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, the defaulting party shall pay the reasonable legal fees for any services rendered by the non-defaulting party's attorney in any action or proceeding to compel performance hereunder. Reasonable attorney's fees shall be defined as any amounts which are expended in the remedying of any breach of this Marriage Settlement Agreement. 27. Independent Separate Covenaate. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. ZS. Void Clausen. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21 29. Eaecntion of Doca~eztta. Each party shall on demand execute any other documents that may be necessary or advisable to carry out the provisions of this Agreement. 30. Aoniicaek La~v. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 31. Non-Mercer. This Agreement shall not merge with any subsequent decree in divorce between the parties but shall survive such decree and be entirely independent thereof. This Agreement shall be incorporated for the putrposes of enforcement only into any Decree in Divorce which may be entered with respect to the parties, but shall not be deemed to have been merged with such Decree. 32. Date of Ezecntlon. The "date of execution" or "execution date" of this 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 this Agreement. 33. Diaclosnre and Waiver of Procedural Ri~¢6ts. Each party understands that he or she has the right to obtain from the other party a complete Inventory or list of all property that either or both parties own at this time or owned as of the date of sepazation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have court held hearings and make decisions on the matters covered by this Agreement. 22 Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and That the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to -have the Court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the Court determines to be marital, and to set aside to a party that property which the Court determines to be that party's non- marital property. f. The right to have the Court decide any other rights, remedies, privileges, or obligations covered by this Agreement andlor arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente life, 23 equitable distribution, custody, visitation, and counsel fees, costs and expenses. 34. Taz Advice. Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice by their respective attorneys. Further, both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor, with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures to this Agreement serve as their acknowledgement that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 35. I~al Fees. Husband and Wife hereby agree to be solely responsible for his or her respective legal fees, costs, and expenses. 36. Reonaenbtion of Parties. The parties have mutually worked out the terms of this Marriage Settlement Agreement. Husband has been represented by Kristin R. Reinhold, Esquire. Wife has been represented by Samuel L. Andes, Esquire 24 IN WIT1VE53 WSEREOF, the parties hereto have set their hands and G'~~/J Ro mary A. Yor COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF D~ ~/~/ . On this~~a of , 2012, before me Subscriber, a Notary Public, for the Commonwealth of nnsylvania, came Rosemary A. Yorks, known to me or satisfactorily proven to be the Wife in the aforegoing Marriage Settlement Agreement. ..- ~~ Ro A. Yor Witness my hand and Notarial seal, the day and yeaz afores ' . No Public My Commission Expires: ~r~snv N0~ fARIA~ S~ A6A1f M. HARK{NS, Na~Y l eoro., Cumber{end 25 seals the day and ye hove written. Witn COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: On this~L' day of ~ ~, 2012, before me Subscriber, a Notary Public, for the Commonwealth of ylvania, came Keith B. Yorks, known to me or satisfactorily proven to be the Husband in the aforegoing Marriage Settlement Agreement. Witness my hand and Notarial seal, tl My Commission Expires: cotiwo~k.~ aR ~e~ueniv~w NOTARUIL SEAL. RENEE DREISBACH, Notry lower Peron Twp., Dauphin Conxni~ion• 26 KEITH B. YORKS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3549 CIVIL TERM • C'3 ev ROSEMARY A. YORKS, :CIVIL ACTION -LAW ~ Defendant IN DIVORCE ~~ ~ cn ~' -~ x ...~ PRAECIPE TO TRANSMIT RECURD ~~ -o ~~ ~ To the Prothonotary: ~ ~ -:' --- w a Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 ~ O 3301 (d, of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: June 17, 2008 by certified mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff, August 7, 2012; by Defendant, August 13, 2012. (b) (1) Date of execution of the Plaintiff s Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the final Decree in ~~ a ~; r~~,~` ~f~ ~a `~' ca ~' ~° ~~ z C,; o,~., ~: Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously herewith. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporanec KEITH B. YORKS, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-3549 CIVIL TERM ROSEMARY A. YORKS, • c-a :CIVIL ACTION -LAW ~ ~ ° Defendant IN DIVORCE ~~ ~ ~ r ~ Z ..._ •-~ PRAECIPE TO TRANSIMIIT RECORD . c cc ~ .ro ~~ To the Prothonotary: v ~ -- --+ ca a Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section (X) 3301 (,c, O 3301 (dZ of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: June l 7, 2008 by certified mail. 3. Complete either (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff, August 7, 2012; by Defendant, August 13, 2012. (b) (1) Date of execution of the Plaintiff s Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: The Marriage Settlement Agreement between the parties shall be incorporated, but shall not merge with the fmal Decree in ~::: a -~~; ~~ ~~~ "~ r~ o° ~~ ©~`' ~ ~-9 :~, Divorce. 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporaneously herewith. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Contemporanec ~. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Keith B. Yorks CIVIL ACTION -LAW Plaintiff : VS. Rosemary A. Yorks NO Defendant STIPULATION FOR THE. E~NyTRY OF "DOMESTICnRELATIONS ORDER" AND NOW, this ~,~11" "aay of / / I Q~ , d~, the parties, Keith B. orks, Plaintiff, and Rosemary A. Yorks, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, Keith B. Yorks (hereinafter referred to as "Member"), is a member c Commonwealth of Pennsylvania, Public School Employees' Retirement System (hereinafter referred to as "PSERS") 2. PSERS, as a creature of statute, is controlled by the Public School Employees' Retirement Code, 24 Pa. C.S. §§8101 et. sea. ("Retirement Code") the 3. The Defendant, Rosemary A. Yorks (hereinafter referred to as "Alternate Payee"), ~s the former spouse of Member. 4. Member's last known mailing address, date of birth and Social Security number P.O. Box 928 Camp Hill, PA 17001-0928 Social Security No.: See Addendum Date of Birth: See Addendum 1 5. Alternate Payee's current mailing address is: 234 South 15th Street Camp Hill, PA 17011 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of Alternate Payee to keep a current mailing address on PSERS at all times. 6. (a) The marital property component of Member's retirement benefit equals (1) coverture fraction multiplied by (2) the Member's retirement benefit on the effective date of Member's retirement. (b) The coverture fraction is a fraction with a value less than or equal to one. with numerator is the amount of Member's service, as defined by PSERS, from September 24, 1977 (the date of marriage) to June 12, 2008 (the date of separation). The denominator is the total of Member's service, as defined by PSERS, on the effective date of Member's retirement. (c) 30.00% of the marital property component of Member's retirement benefit is ~o be allocated to the Alternate Payee as her equitable distribution portion of this marital asset. 7. Member's retirement benefit is the Maximum Single Life Annuity, as defined in 2~ Pa. C.S. §8342(a) before any reduction to reflect the election of any option in accordance with 24 C.S. §8345(a) and including any scheduled or ad hoc increases, but excluding the disability of any disability annuities paid to Member by PSERS as a result of a disability which occw before the Member's marriage to Alternate Payee or after the date of the Member and Alte Payee's final separation. Member's retirement benefit does not include any enhancements to the Member's retirement benefit arising from postseparation monetary contributions made by Member. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph 6, after the application of the appropriate early retirement actuarial reduction factor, if any, shall be payable to Alternate Payee. Payments Alternate Payee shall commence as soon as administratively feasible on or about the date the Member actually enters pay status and PSERS approves a Domestic Relations Order incorporating this Stipulation and Agreement, whichever is later. 8. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the e of Alternate Payee's equitable distribution portion of Member's retirement benefit for any pre-retirement death benefits payable by PSERS. This nomination shall become effective u approval by the Secretary of the Retirement Board, or his authorized representative, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of an death benefit remaining after the allocation of Alternate Payee's equitable distribution port ("Balance") shall be paid to the beneficiaries named by Member on the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death. (a) If the last Nomination of Beneficiaries Form filed by Member prior to Memb is death (a) predates any approved Domestic Relations Order incorporating this Stipulation an Agreement, and (b) names Alternate Payee as a beneficiary, then: (1) the terms of the Dome tic Relations Order shall alone govern Alternate Payee's share of any death benefit, and (2) for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the Retirement Board prior to Member's death, Alternate Payee shall be treated as if Alternate ayee predeceased Member. No portion of the Balance shall be payable to Alternate Payee's estate (b) In addition, Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to PSERS, which will authorize PSERS to release to Al Payee all relevant information concerning Member's retirement account. Alternate Payee deliver the authorization to PSERS which will allow the Alternate Payee to check that she been and continues to be properly nominated under this paragraph. 9. The term and amounts of Member's retirement benefits payable after PSERS a a Domestic Relations Order incorporating this Stipulation and Agreement and after Member files a retirement application with PSERS shall be in accordance with Paragraphs 9(a), 9(b) and ~(c) as follows: (a) Member may elect to receive, by lump sum, 0% to 100% of his accumulated deductions. The portion of the accumulated deductions to be paid to the Alternate Payee determined by multiplying (1) by (2) by (3) where (1), (2) and (3) are as follows: (1) The accumulated deductions as of June 12, 2008, together with interest (currently 4% per year) from June 12, 2008, through the Member's date of be (2) 29.78% (which is 30.00% times the coverture fraction as of June 12, 2008, or 30.00% multiplied by 30.72 years divided by 30.95 years). (3) Ratio obtained by dividing amount of accumulated deductions the elects to receive by the total amount of his accumulated deductions on the effective date of Member's retirement. If the Alternate Payee is not living at the time of Member's retirement, the Alternate Payee's share of any lump sum refund of accumulated deductions shall be paid or to the survivor of the Contingent Alternate Payees listed in Paragraph 11. (b) (i) If the Alternate Payee is living at the time of Member's retirement, shall elect a joint and survivor annuity as set forth in 24 Pa. C.S. 8345(a)(4), or any succeedi: statue. The Alternate Payee shall be the irrevocable survivor annuitant. The amount of the annuity shall be the equitable distribution portion (as defined in Paragraph 6) adjusted actuarially for any accumulated deductions paid to the Alternate Payee (pursuant to Pa 4 9(a)) and, since the cost of the survivor annuity is to be paid by the Alternate Payee, further adjusted actuarially so that the amount of the survivor annuity shall equal the amount of th annuity payable to the Alternate Payee during the Member's lifetime. The intent of this opti n selection is to maintain levelized payments to the Alternate Payee for her lifetime in the eve t of Member's death after retirement. The Alternate Payee shall receive a portion of the annuity which is payable to the Member during the Member's lifetime, and the same amount, as a survivor annuity, if the Member predeceases the Alternate Payee after retirement. If the Alternate Payee predeceases the Member after retirement, the portion of the Member's ann 'ty payable to the Alternate Payee shall be paid equally or to the survivor of the Contingent Alt nate Payees listed in Paragraph 11. (b) (ii) If the Alternate Payee is not living at the time of Member's retirement, he Member shall elect a maximum single life annuity based upon the equitable distribution po ion (as defined in Paragraph 6) adjusted actuarially for any accumulated deductions paid to the Contingent Alternate Payees (pursuant to Paragraph 9(a)). Such annuity shall be paid equ ly or to the survivor of the Contingent Alternate Payees listed in Paragraph 11 for the lifetime of e Member. (c} Member may choose any option with respect to the excess of his entire benefi over the portion awarded the Alternate Payee, or the Contingent Alternate Payees, and over any accumulated deductions paid to the Member under Paragraph 9(a). Any option selected shal not reduce the amount that is to be paid to the Alternate Payee, or the Contingent Alternate Pa es, under the provisions of this Order. 10. PSERS shall issue individual tax forms to Member and Alternate Payee for amo is paid to each. 11. In the event of the death of Alternate Payee, prior to the receipt of all of her payable to her from PSERS under this Order, then any death benefit or retirement benefit payable to the Alternate Payee by PSERS shall be paid equally or to the survivor of the Contingent Alternate Payees listed below to the extent of Alternate Payee's equitable distri portion of Member's retirement benefits. Contingent Alternate Payee Name: Stephanie A. Dallmann, Allison L. Yorks, Brittany D. Yorks (children of Member and Alternate Payee) Address: See Addendum Social Security No.: See Addendum Date of Birth: See Addendum 12. Alternate Payee may not exercise any right, privilege or option offered by PSERS. no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided PSERS. The Alternate Payee is only entitled to the specific benefits offered by PSERS as In in this Order. All other rights, privileges and options offered by PSERS not granted to Alter ate Payee by this Order are preserved for Member. Member and Alternate Payee acknowledge t at benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to th Public Employee Pension Forfeiture Act, 43 P.S. §1311, et seq. 13. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require PSERS to provide any type or form of benefit, or any option otherwise provided under the Retirement Code; (b) Does not require PSERS to provide increased benefits (determined on the ba~is of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 14. The parties intend and agree that the terms of this Stipulation and Agreement approved, adopted and entered as a Domestic Relations Order. 15. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relati~ Order; provided, however, that no such amendment shall require PSERS to provide any type form of benefit, or any option not otherwise provided by PSERS, and further provided that nc amendment or right of the Court to so amend will invalidate this existing Order. 16. Upon entry as a Domestic Relations Order, a certified copy of the Domestic Rela Order and this Stipulation and Agreement and any attendant documents shall be served u PSERS immediately. The Domestic Relations Order shall take effect immediately upon P; approval and PSERS approval of any attendant documents and then shall remain in effect further Order of the Court. be such 7 .. WHEREFORE, the parties, intending to be legally bound by the terms of this Stipula and Agreement, do hereunto place their hands and seals. BY THE s/~1,z Plaintiff/Me er/ Date ~/ 1 a A /~,,5~~ 8 ~~r~~ e L ~n °%5, F'sg . ~ ~oP,PS /n~~Zed ~~~~~Z ~k 'Alterna A`~tor~ey for Def Alternate Payee N ~~ -~ 3 rp t:~ W;. ~~.~ ~~~ ~~~ ~w~ ~`~ _~ 1 KEITH B. YORKS v. ROSEMARY A. YORKS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV, No. 08-3549 DNti~`tCE ~ .-t+E .~~'~ asr~ AND NOW, ~'`,_~~ , it is ordered and decroed 1 KEITH B. YORKS ,plaintiff, and ROSEMARY A. YORKS ,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 Marriage Settlement Agreement between the parties shall be incorporated but shall not merge with the final Decree in Divorce. IA By th ,