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HomeMy WebLinkAbout08-3754DAVID CALCAGNO, Plaintiff V. ELIZABETH M. CALCAGNO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. AP, - 3?5 &vi ( TerFA CIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, 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 CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 DAVID CALCAGNO, Plaintiff V. ELIZABETH M. CALCAGNO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0J- 3,75-Y CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary DAVID CALCAGNO, Plaintiff V. ELIZABETH M. CALCAGNO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 6S - 373y CtL ;[ ..el, CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is David Calcagno, who currently resides at 1101 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Elizabeth M. Calcagno, who currently resides at 1101 Country Club Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 21, 1991, in Carversville, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parties to this action have been separated since June 20, 2008. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. This action is not collusive. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 6-a "?? By: Attorneys for Plaintiff David Calcagno r.v. 13ox oDu Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION I, David Calcagno, verify that the statements made in this Pleading 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 unworn falsification to authorities. y Date: David Calcagno p -6? C= W CD V ,j ?, DAVID CALCAGNO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-3754 ELIZABETH M. CALCAGNO, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, attorney for the above-named Defendant, accept service of the Complaint in Divorce on behalf of my client, Elizabeth M. Calcagno. Date: July 25, 2008 Barbara Sumple- llivan, Esquire Attorney I.D. # 2-3 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 (717) 774-7059 (fax) ? m 94,E ?(7i m- w5' MARTIAL SETTLEMENT AGREEMENT BY AND BETWEEN DAVID CAALCAGNO AND ELIZABETH M. CALCAGNO John J. Connelly, Jr., Esquire JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, PA 17033 Telephone: (717) 533-3280 Counsel for David Calcagno Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070 Telephone: (717) 774-1445 Counsel for Elizabeth M. Calcagno MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this i?? day of 2009, by and between DAVID CALCAGNO and ELIZABETH M. CALCAGNO. ZA-?? WTTNESSETH: WHEREAS, David Calcagno (hereinafter called "Husband") currently resides at 1100 Oyster Mill Road, Camp Frill, Pennsylvania 17011; WHEREAS, Elizabeth M. Calcagno (hereinafter called "Wife") currently resides at 1101 Country Club Road, Camp Hill, Pennsylvania 17011; WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 21, 1991; WHEREAS, the parties have lived separate and apart since on or about June 20, 2008; WHEREAS, two (2) children were born of the marriage between the parties, namely, Paul M. Calcagno, born August 24, 1993, and Tess M. Calcagno, born June 6, 1995. WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, 1 disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 2. ADVICE OF COUNSEL. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel of his or her selection. Husband has secured legal advice from John J. Connelly, Jr., Esquire, his counsel, and Wife has secured legal advice from Barbara Sumple-Sullivan, Esquire, her counsel. Each parry fully understands the facts and his or her legal rights and obligations, and each parry acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 3. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent 2 jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone or in the name of one of the parties and another individual or individuals. Each parry agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each parry waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset that is not identified in this Agreement- The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other parry or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available Sill, proper and independent representation by legal counsel. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband acknowledges that he has filed a Divorce Complaint in the Court of Common Pleas Cumberland County, Pennsylvania; Docket No. 08-3754. The parties agree that, at the time of the execution of this Agreement, they will each execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order that counsel for Husband may finalize the divorce action in a timely fashion. Upon completion of the divorce action, counsel for Husband shall supply counsel for Wife with a copy of the Decree. In no event shall the Divorce Decree be entered prior to January 1, 2009. 3 5. E4UITABLE DISTRIBUTION. A. Distribution. The parties have reached an agreement and fashioned the distribution of their property consistent with a Prenuptial Agreement entered into by the parties on July 16, 1991. B. Real Estate. The parties are the owners as tenants by the entireties of real estate located at 1101 Country Club Road, Camp Hill, East Pennsboro Township, Cumberland County, Pennsylvania (marital residence). The parties have agreed to a value of $475,000.00 for this asset. Husband shall transfer all right, title and interest in the said property to Wife and shall take back a Mortgage and Note in the amount of $237,500.00 with interest at four (4%) percent compounded annually and accrued thereafter until paid in full. There shall be no payments due on the said Mortgage and Note, and interest shall accumulate until September 1, 2013. The principal and interest shall be due at that time, At any time, without penalty, Wife has the option of refinancing the property or selling it and paying the then balance due to Husband. The parties acknowledge that there is presently a Mortgage in favor of Wachovia Bank in the amount of $150,000.00 which lien takes priority over Husband's mortgage as referenced above. Wife agrees that she shall assume sole responsibility for the Wachovia Mortgage and shall indemnify and hold Husband harmless on same. Wife shall be solely responsible for all expenses related to the marital residence including, but not limited to, utilities, taxes and insurance. Husband shall have no financial responsibility whatsoever for this assets. C. Timeshare. The parties are the owners of a timeshare in Belize which the parties have agreed to split equally which each parry receiving an equal amount of time at the timeshare. Each of the parties shall be responsible for the costs attended to the timeshare period retained by them. Husband will be responsible for the costs of any transfer documents in order to place an equal amount of timeshare in each party's name. As finally distributed, each party shall have the right to sell, transfer, convey or include in their estate plan their timeshare interest as they deem appropriate free from any claim of the other. D. Furnishings and Personalty. The parties agree that they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence, 4 including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Wife shall retain all personal property remaining in the marital residence located at 1101 Country Club Road, Camp Bill, East Pennsboro Township, Cumberland County, Pennsylvania. Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife. E. Motor Vehicles. (1) Husband shall retain as his sole and separate property the 2001 Pontiac Aztec, the 2000 BMW Motorcycle and the 2005 BMW Motorcycle. The vehicles in Husband's possession are valued at $12,000.00 for the purpose of equitable distribution. (2) Wife shall retain as her sole and separate property the 2006 Pontiac Torrent. Wife's vehicle has been valued at zero for the purpose of equitable distribution. (3) In the event necessary, the parties agree that they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. F. Pension and Retirement Benefits. The parties agree that they will divide equally their marital pension and retirement benefits. The retirement benefits of the parties as of December 20, 2008, the date on which they have agreed to value these assets shall be used for the purpose of division of retirement assets, are more particularly set forth on Exhibit "A", attached hereto and made a part hereof by reference. The total marital retirement funds are $618,147.00. The parties agree that Doug Chamey, the parties' financial adviser with Wachovia Securities will effectuate an equal division of retirement funds between the parties. Mr. Charney shall do so, if possible, without the use of a Qualified Domestic Relations Order by using instruction letters to move monies between IRA's to accomplish the goal of this subparagraph. G. Bank Accounts/Investment Accounts (Post-Tag Assets). The parties agree that they will divide their marital non-retirement investments equally as set forth on Exhibit "B" attached hereto and made a part hereof. The accounts of the parties as of December 20, 2008, the date on which they have agreed to the value to be used for the purpose of division of these assets. The total amount of these accounts is $819,507.00. 5 H. Advances on Equitable Distribution. Included in the equitable distribution of marital property to Wife is $330,000.00 Wife has withdrawn from Fidelity Account 47851 and $20,000.00 from the Wachovia Account after the parties' separation. Said amounts are included in the distribution of property and are Wife's separate asset. L Business Interests. (1) Husband shall retain as his sole and separate property his interest in Calcagno & Rossi Vein Treatment Center, LLC with an established value of $320,000.00. (2) Wife shall retain as her sole and separate property her interest in Sassy Limited, LLC which was valued for the purposes of distribution at zero. (3) Each party shall retain the business interest referenced herein as their sole and separate property free from any claim of the other parry. To the extent Wife has any financial liabilities on her business, Sassy Limited, LLC, except as specifically provided in subparagraph 5(B) hereof (Wachovia Mortgage), she shall be solely responsible for said debts and shall indemnify and hold Husband harmless on same. J. Equitable Distribution Payments. After calcl-dating the distribution of post-tax investments and other assets that do not form a part of the retirement funds, those assets total $1,976,507.00. Wife is entitled to fifty (50%) percent of those asset or $988,253.50. After retaining her equity in the real estate after deducting Husband's mortgage ($237,500.00), the $330,000.00 withdrawn from Fidelity Account #7851 and the $20,000.00 withdrawn from the Wachovia Account, the balance due to Wife is $400,753.50. In order to pay the balance due to Wife, Wife shall retain Wachovia Account #6782 with a balance of $182,970.00, leaving a balance of $217,783.50 which shall be transferred from the Vanguard Account #0145 completing the distribution to Wife of the post-tax assets. K 2008 Tag Return. The parties agree that they shall file joint Federal and Commonwealth of Pennsylvania Income Tax Returns for the tax year 2008. The parties further agree that their accountant, Crystal St. Omer Roy, shall calculate the amount of Husband's tax savings by filing joint tax returns with Wife rather than individual returns. The said tax savings to Husband shall be paid to Wife by Husband at the time of the filing of the said returns. Husband 6 has set aside in a Vanguard account approximately $110,000.00 for the purpose of payment of Income Tax on income previously accrued. Husband shall retain the said account and use the money for the purpose of paying his tax liability due on the 2008 returns. L. Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. M. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. N. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 0. Marital Debt. The parties acknowledge with the exception of the Wachovia Mortgage in the amount of $150,000.00 as referenced in subparagraph 5(B) hereof, there is no other marital debt. P. Liability not Listed. Each parry represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, for which the other party is or may be liable. A liability not disclosed in this 7 Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any, and all debts, obligations and liabilities. Q. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. R. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. S. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in the event of breach hereof. 6. PRIOR INCOME TAX RETURNS. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, in the event any deficiency in federal, state or local income tax is proposed or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such 8 tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 7. CUSTODY. The parties agree that they will share legal custody and Wife shall have primary custody of the parties' minor children, Paul M. Calcagno and Tess M. Calcagno. Husband shall have partial custody rights of the said children as agreed upon by the parties from time to time. Neither party shall take any steps to interfere with the relationship each child has with the other parent. 8. CHILD SUPPORT. Husband agrees to pay to Wife in the form of child support the sum of $6,000.00 per month for the parties' minor children beginning January 1, 2009 and extending through December 31, 2009. Beginning on December 1, 2009, Husband and Wife shall discuss Husband's support responsibility for the year 2010. If the parties have not reached an agreement by the end of December 2009, Wife shall file a Petition with the Court of Common Pleas Cumberland County, Pennsylvania, Domestic Relations Division, in order for a determination to be made as to the amount Husband would owe in child support for the year 2010. Husband will continue to make the $6,000.00 payment until the Order is modified at which time he shall receive credit for any payments made from January 1, 2010 thereafter. In the event Husband's income as reported in his 2009 K-1 from the Calcagno & Rossi Vein Treatment Center, LLC is not reduced in excess of 7.5% of his income on his 2008 K-1, Husband will continue to make the $6,000.00 payment referenced herein. In the event the 2009 K-1 as referenced above is reduced in excess of 7.5% of 2008 K-1 from the same entity, the parties shall attempt to negotiate a resolution and in the event they are unable to do so, the Domestic Relations Office in the Court of Common Pleas Cumberland County shall establish the Child Support Order effective January 1, 2010 as referenced herein. The parties further agree that they will use the same methodology of reviewing the amount of child support at the end of 2010 and subsequent years in order to reach an agreement on an annual basis without the need to involve the Domestic Relations Office. 9 The amount Husband is paying pursuant to this Agreement shall be without prejudice and shall have no precedence in setting any further Orders in this matter. Husband's child support responsibility for each of the children shall terminate upon the child reaching age 18 or graduating from high school, whichever last occurs. Husband shall continue the children on medical insurance and shall pay one hundred (100%) percent of all medical bills not covered by insurance after the first $250.00 per child. Husband's reimbursement responsibility for psychiatric/psychological expenses for Paul shall be capped at $5,000.00 per year. In the event the psychiatric/psychological expenses for Paul exceed $5,000.00 per year, the parties shall share that specific expense 601/6 to Husband and 40% to Wife. 9. UTMA/529 Accounts. The parties acknowledge that there are several UTMA and 529 accounts held for the benefit of the children for educational purposes. Husband shall be solely responsible for the management of said funds and shall apply them to the education expenses of the children. In the event the funds for either child are not used for education, they may, if possible, be transferred to the other child for the purpose of funding that child's education. In the event any funds remain after they are applied to educational costs, the parties will equally divide the balance in any accounts. Wife shall be provided copies of the UTMA and 529 Account Statements on a monthly basis. 10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waive all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and 10 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 parry 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. 12. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds thereof in the future. The parties have divided between them to their mutual satisfaction, personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither parry will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement, with full power in him or her to dispose of the same fully and effectively for all purposes. 11 B. 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 party may have or at any time hereafter has 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 and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as otherwise set forth in this Agreement, each parry 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 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 of the other or by way of dower, curtesy, widow's or widower'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 territory of the United States, or any other country. D. 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. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their Divorce Decree all financial records relating to the 12 marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILTTY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, 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. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be accomplished by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: David Calcagno 1100 Oyster Mill Road Camp Hill, PA 17011 and to Wife, if made or addressed to the following: Elizabeth M. Calcagno 1101 Country Club Road Camp Dill, PA 17011 13 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute. this Agreement. 21. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 22. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or, attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND FOURS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties hereto. 25. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement; that he or she has discussed its provisions with an attorney of his or her own 14 choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable, to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that parry shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and, in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals as of the date hereinabove set forth. David Calcagno 'Momu X. &J" WITNESS L--- &M-Al M. Calcagno 15 . 01 EXHIBIT "A" (1) Georgetown 403(b) Account now Fidelity Account #0364 10% value for marital purposes (2) Fidelity IRA Account #5723 (3) Fidelity IRA Account #5740 (4) Vanguard Rollover IRA Account # 1223 (rollover from Vascular Associates and Shaffer) (5) Vanguard Pension Account #9785 (Vein Center Pension Plan) Total Marital Retirement Funds $45,792.00 Husband $48,074.00 Wife $51,455.00 Husband $427,095.00 Husband $45,731.00 Husband $618,147.00 r'> ?,? ?..? ?-? I' ? .. ':? __? ,_. _. f'y'_1 iA' _.....4 ??? 1. ?i ?. - ? .,. . i ? +. ? ?_ DAVID CALCAGNO, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-3754 ELIZABETH M. CALCAGNO, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unworn falsification to authorities. Date: ,/G 9 C? David Calcagno, Plaintiff t"Y ) /? } ? "?{ i 1. • 1.3> ?? "'Y^? ?? V ..+ .?, Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID CALCAGNO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH M. CALCAGNO, Defendant NO. 08-3754 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 25, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of the Complaint. 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. 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 unworn falsification to authorities. DATE: _ "-" a? 4 N ELIZABETH M. CALCAGNO S J - :zl Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 DAVID CALCAGNO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH M. CALCAGNO, Defendant : NO. 08-3754 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 34904 relating to unsworn falsification to authorities. DATE: ?? ??Oot \?k • 1-=- 1ABETH M. CALCAGNO C:? ^..? ?? _ -- ?'i i ,Y"" '%{ _., ._ -'?n' ??' DAVID CALCAGNO, Plaintiff V. ELIZABETH M. CALCAGNO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3754 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: 1. Ground for divorce: irretrievable breakdown under Section ( x ) 3301(c) ( ) 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Upon counsel for Defendant as evidenced by the Acceptance of Service on record. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent and Waiver of Counseling required by Section 3301(c) of the Divorce Code: by Plaintiff. February 12, 2009; by Defendant: February 2, 2009. (b) (1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: i 4. Related claims pending: All claims have been settled pursuant to a Marital Settlement Agreement dated February 12, 2009. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: 6. Date and manner of service of Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) of the Divorce Code: or, date of execution of Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301(c) of the Divorce Code: by Plaintiff: February 12, 2009; by Defendant: February 2, 2009. and, date of filing of the Waiver of Notice of Intention to Request Entry of a Divorce Decree: Both Plaintiff s and Defendant's Waivers are being filed simultaneously with this Praecipe. Dated: -q log By: JAMES, SMITH, DIETTERICK & CONNELLY, LLP P.O. Box 650 Hershey, PA 17033-0650 (717) 533-3280 Attorneys for Plaintiff DAVID CALCAGNO V. ELIZABETH M. CALCAGNO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3754 DIVORCE DECREE AND NOW, fit"- Z ft , it is ordered and decreed that DAVID CALCAGNO ELIZABETH M. CALCAGNO plaintiff, and , 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 parties' Marital Settlement Agreement dated February 12, 2009 is hereby incorporated, u no merged, into is ecree in ivorce. By the Court, ?L. J. . A IJZA?--? Prothonotary '0471? 4?r ,A ? ?? All ?, ti, f 6? D. AUG 1 12009 David Calcagno, . IN THE COURT OF COMMON PLEAS PLAINTIFF . OF Cumberland COUNTY PENNSYLVANIA VS. = CIVIL ACTION - LAW Elizabeth M.Calcagno, NO. 08-3754 DEFENDANT QUALIFIED DOMESTIC RELATIONS ORDER I. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated February 12, 2009. The Court incorporated the Property Settlement Agreement into its Decree of Dissolution of Marriage dated February 25, 2009. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") t401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code§414(p) 3. This QDRO applies to the Calcagno & Rossi Vein Treatment Center, LLC Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. David Calcagno ("Participant") is a participant in the Plan. Elizabeth M, Calcagno ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: David Calcagno Home Address : 1100 Oyster Mill Road Camp Hill. PA 17011 SS#: 049-54-4745 DOB- July 4, 1956 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name= Elizabeth M. Calcagno Home Address= 1101 Country Club Road Camp Hill, PA 17011 SS#: 183-50-9819 DoB: March 4, 1958 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is: Fifty% (50%) of the Participant's total account balance accumulated under the Plan as of the following determination date= December 20, 2008 (or the nearest valuation date thereto). For this purpose, the total account balance shall be determined without regard to any account reduction caused by the Participant's prior loan(s), if any, from the Plan. Further, such total account balance shall include all amounts (including plan forfeitures, if applicable) contributed to the Plan on behalf of the Participant after said determination date, that are allocable on or before such date. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on her behalf and shall be credited with any investment income or losses attributable thereto from December 20,2008 until the date of total distribution to the Alternate Payee. Her accounts shall be established in the same ratio as the Participant's accounts as regards any elective deferral account, nondeductible employee account, qualified nonelective contribution account, employer contribution account, or rollover/transfer account. If and to the extent the Plan permits the Participant to direct the investment of his accounts, the accounts established for the Alternate Payee shall be invested Directed Investment by the Alternate Payee. As directed by this Order in the same investment mix elected by the Participant for his accounts until such time as the Alternate Payee submits an affirmative election to the Plan Administrator. However, the investment mix shall not include any loan to the Participant which it treated by the Plan as an investment sub-account of the Participant. III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, together with allocable earnings, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the individual retirement account (IRA) named below on behalf of the Alternate Payee in one lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. Name of IRA: Vanguard Name of IRA Custodian= Elizabeth M. Calcagno Send to the Attention of Elizabeth M. Calcagno Address of Custodian: 1101 Country Club Road Camp Hill, Pa IRA Account Number: 88032564219 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. r 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. BY THE COURT: A'f w, r- !Z LrsoI Judge CONSENT TO ORDER: (I- Plaintiff Defendant ! y V- K. D AUG 11,200967 David Calcagno, PLAINTIFF VS. Elizabeth M.Calcagno, DEFENDANT IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3754 QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated February 12, 2009. The Court incorporated the Property Settlement Agreement into its Decree of Dissolution of Marriage dated February 25, 2009. 2. . This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code§414(p) 3. This QDRO applies to the Vascular Associates, PC Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shad not affect Alternate's Payee's rights as stipulated under this Order. 4. David Calcagno ("Participant") is a participant in the Plan. Elizabeth M. Calcagno ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name : David Calcagno Home Address= 1100 Oyster Mill Road Camp Hill. PA 17011 SS#: 049-54-4745 DoB: July 4, 1956 M 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name= Elizabeth M. Caicagno Home Address: 1101 Country Club Road Camp Hill, PA 17011 SS#: 183-50-9819 DoB: March 4, 1958 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is: Fifty% (50%) of the Participant's total account balance accumulated under the Plan as of the following determination date: December 20, 2008 (or the nearest valuation date thereto). For this purpose, the total account balance shall be determined without regard to any account reduction caused by the Participant's prior loan(s), if any, from the Plan. Further, such total account balance shall include all amounts (including plan forfeitures, if applicable) contributed to the Plan on behalf of the Participant after said determination date, that are allocable on or before such date. The Alternate Payee's portion of the benefits described above shall be segregated and separately maintained in account(s) established on her behalf and shall be credited with any investment income or losses attributable thereto from December 20, 2008 until the date of total distribution to the Alternate Payee. Her accounts shall be established in the same ratio as the Participant's accounts as regards any elective deferral account, nondeductible employee account, qualified nonelective contribution account, employer contribution account, or rollover/transfer account. If and to the extent the Plan permits the Participant to direct the investment of his accounts, the accounts established for the Alternate Payee shall be invested Directed Investment by the Alternate Payee. As directed by this Order in the same investment mix elected by the :Participant for his accounts until such time as the Alternate Payee submits an affirmative election to the Plan Administrator. However, the investment mix shall not include any loan to the Participant which it treated by the Plan as an investment sub-account of the Participant. III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. t- 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, together with allocable earnings, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the individual retirement account (IRA) named below on behalf of the Alternate Payee in one lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. Name of IRA: Vanguard Name of IRA Custodian Elizabeth M. Calcagno Send to the Attention of Elizabeth M. Calcagno Address of Custodian: 1101 Country Club Road Camp Hill, Pa IRA Account Number: 88032564219 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant"s death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to. any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. BY THE COURT= .e Al 0 A R,n . n) Judge OS -13- .. CONSENT TO ORDER: Q"Q Plaintiff 0 )?A efendant