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HomeMy WebLinkAbout09-7907JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 24 N. 32ND Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorneys for Plaintiff RONALD BROCK, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. Oq - 17QM 0'ivilTerm PATRICIA A. BROCK, 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 of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Room 101, Cumberland County Courthouse, 1 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 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff Ronald Brock RONALD BROCK, Plaintiff V. PATRICIA A. BROCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CIVIL ACTION -LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS LISTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las paginas siguientes, debar tomar accion con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Room 101, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 RONALD BROCK, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 0 q- q 9 07 ('.?.;1d 74-1 PATRICIA A. BROCK, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Ronald Brock, an adult individual who currently resides at 17 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Patricia A. Brock, an adult individual who currently resides at 301 East Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 19, 1990, in Steelton, Dauphin County, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is two ( 2 ) children of this marriage under the age of eighteen years, namely Nicholas Brock, born March 29, 1996, and Lindsey Brock, born July 2, 1999. 8. The marriage is irretrievably broken. RONALD BROCK, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. PATRICIA A. BROCK, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Ronald Brock, an adult individual who currently resides at 17 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Patricia A. Brock, an adult individual who currently resides at 301 East Elwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 19, 1990, in Steelton, Dauphin County, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is two ( 2 ) children of this marriage under the age of eighteen years, namely Nicholas Brock, born March 29, 1996, and Lindsey Brock, born July 2, 1999. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. Date: h J 10 S )a Respectfully submitted, JOANN4 HARRISON CLOUGH, Attorney ID No.: 3 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff Ronald Brock VERIFICATION I, Ronald J. Brock hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn verification to authorities. DATE: I I //O/O9 71?Pna- -&? Ronald J. Brock OF T; !t ?,, ? -1 r,?y 2UC, 9 F!,,N 13 P M 12: 5 a .T\ b`"o ?338.50 PC? A-" c,,# arms e .13-64-14 RONALD BROOK, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. NO.: 09-7907 CIVIL TERM o ~, ~'i PATRICIA A. BROOK, 3 DEFENDANT CIVIL ACTION -LAW AFFH)AVIT OF CONSENT {~; ~ 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on Novem 13, ~9. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elap d from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and convect. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A §~4j904 relating to unspworn falsification to authorities. DATE: ~ ' / ~ - / (~ ! ~," ~' ~ 1 ~-( PATRICIA A. BROOK RONALD BROOK, PLAINTIFF VS. PATRICIA A. BROOK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 09-7907 CIVIL TERM DEFENDANT CIVIL ACTION -LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 330I(c) AND & 33t}I(dl 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 1 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.A § 4904 relating to unsworn falsification to authorities. DATE: ~ " ~ S~ ~ C~ _ I L~,~c ci, ~ i ~'( PATRICIA A. BROOK T MARITAL SETTLEMENT AGREEMENT ` n ~ =,; THIS AGREEMENT, made this 1 ~~day of September, 200 by~nd z~~,~. between PATRICIA A. BROCK, (hereinafter "WIFE") and RONALD`,:'.`. _BR(K,'~`' ~, (hereinafter "HUSBAND"); ~ `~ ' ~~ ,.. - ,w ,. _- --~ WITNESSETH: ~-~~` -_- --J °~~ ~,.._ --~ WHEREAS, the parties hereto were married on May 19, 1990, in Steelton, Dauphin County, Pennsylvania; and separated on August 18, 2009 ;and WHEREAS, the parties have two minor (2) children of this marriage, Nicholas Brock age 13 and Lindsey Brock, age 10; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including, but not limited to: the equitable distribution of the marital property; past, present and future support; alimony, alimony pendente liter and, in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel. WIFE is represented by James Nealon, Esquire and HUSBAND is represented by Joanne Harrison Clough, Esquire. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations, or if counsel has not been consulted, expressly waiving the right to obtain such knowledge. The parties each i~ acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to § 3301(C) of the Divorce Code. The parties further agree that HUSBAND shall file a divorce action with the Court of Common Pleas of Cumberland County, Pennsylvania. The parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to Request Entry of a Divorce Decree after ninety (90) days after the service of said complaint on WIFE. The parties further agree that WIFE's counsel shall accept service of the Divorce Complaint on WIFE's behalf. This Agreement shall remain in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the divorce decree, but shall continue to have independent contractual significance. 3. DATE OF EXECUTION. The "date of execution' and "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. 4. MUTUAL RELEASES. Each party absolutely and unconditionally release the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors, and estate from any claims arising by virtue of the marital 2 I relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, 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. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL AND PROCEDURAL DISCLOSURE. The parties confirm that each has relied on the accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and that the terms adequately provide for his or her interests, and that this Agreement is not a result of fraud, duress or undue influence exercised by either party upon the other or by any person or persons upon either party. 6. SEPARATION/NON-INTERFERENCE. WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb, or malign each other or the respective families of each other. 7. REAL PROPERTY. The parties are the joint owners of real property Located at 17 Wineberry Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. The parties further acknowledge that WIFE has entered in to an Agreement of Sale to purchase a residence located at 301 East Elmwood Avenue, Mechanicsburg, Cumberland County, Pennsylvania, 17055 and intends to complete settlement on the purchase of said real property on or before September 25, 2009. In consideration of the property transfers and promises contained in this Agreement, HUSBAND and WIFE agree as follows regarding their respective interests in said real properties: A. 17 Wineberry Drive: HUSBAND and WIFE agree that the current value of said real property is $210,000.00 pursuant to a recent appraisal completed by HUSBAND's lender and that the current home equity loan of approximately $22,077.64 HUSBAND and WIFE agree that in consideration of HUSBAND refinancing the current home equity loan from joint names to his sole name, and in consideration of HUSBAND tendering to WIFE the sum of $ 210,000.00 minus the home equity loan payoff divided by two which is 50% of the net equity value of this parcel of real estate, WIFE agrees to transfer any and all right, title, claim and interest she has in said real property to HUSBAND, so it shall be his sole and separate property. HUSBAND agrees to indemnify WIFE and hold her harmless an any debt or obligation associated with this real property. WIFE agrees to execute a Spousal Waiver or any other documents necessary for HUSBAND to apply for and complete his financing to secure sufficient monies to pay WIFE the amount due her under this paragraph of this Agreement. WIFE agrees to execute a Deed prepared at HUSBAND's expense transferring any and all of her interest in said property from HUSBAND and WIFE to HUSBAND. Said deed shall be signed within five days of the date of execution of this Agreement and shall be held in escrow by HUSBAND's legal counsel until the time of his refinancing settlement which is currently scheduled to be held on September 17, 2009. HUSBAND and WIFE acknowledge that said refinancing settlement has a mandatory 72 business hour right of recession and that the funds cannot be disbursed by the settlement agent to WIFE until after said mandatory 72 business hours have expired. HUSBAND and WIFE further acknowledge that HUSBAND is only able to qualify for and secure said refinancing loan if the Child Support and Alimony provisions of this Agreement as set forth in Paragraph 15 of 4 this Agreement exits and are implemented and enforceable. HUSBAND and WIFE further agree that in consideration of HUSBAND paying all the closing costs associated with his refinancing loan package, HUSBAND shall be entitled to receive any and all refund of any taxes, home owners insurance or other escrowed funds from the current lender and WIFE shall forever waive any claim thereto. B. 301 East Elmwood Avenue: HUSBAND and WIFE specifically agree that HUSBAND forever waives and shall have no right, title, claim or interest whatsoever in the real property located at 301 East Elmwood Avenue, Mechanicsburg, PA 17055 and that said property shall be the sole and separate non marital property of WIFE. The parties further acknowledge that WIFE shall redeposit into joint accounts any monies she used to pay the down payment or other costs associated with her purchase of the Elmwood Avenue property prior to the parties dividing said money accounts equally.. HUSBAND executed the Non-Titled Spousal Waiver provided by WIFE on September 4, 2009 and WIFE's legal counsel agrees to hold said Waiver in escrow and not release it to WIFE's lender until after the executin of this Marital Settlement Agreement. The parties further agree that they shall each pay one half of the costs of the utilities, home equity loan and any other expenses related to the marital residence that are incurred up to and including the date WIFE vacates the marital residence. 8. DEBTS. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debts except as provided in this Agreement. A. VISA PSECU account HUSBAND and WIFE acknowledge that they have a joint PSECU VISA account with a current debt balance of approximately $ 1,820.92 and the parties agree that each shall pay any portion of that debt each incurred from August 18, 2009 to the present. Any debt owed on said account as of September 15, 2009 shall be paid in full from the Money Market account and VISA account shall be closed or transferred to WIFE's sole name with WIFE indemnifying and holding HUSBAND harmless on any obligation on said account. 5 HUSBAND and WIFE each agree not to purchase or charge any items on this account from this date forward without the consent of the other spouse or the spouse making the purchase without the consent of the other spouse shall be individually and solely liable for paying for any such purchases. HUSBAND represents and warrants to WIFE that since the separation he has not, and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of said separation, except as otherwise set forth herein. T'he parties specifically agree that any and alI joint credit card or other accounts shall be closed immediately or transferred to one parties individual name and neither party shall charge or purchase any item on any joint account from this date forward without the express consent and permission of the other P~3'• WIFE represents and warrants to HUSBAND that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and he shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. 6 9. RETIREMENT BENEFITS. HUSBAND is the owner of a 401K and/or other retirement assets including but not limited to (a) LaTort/TSR, (b) Footlocker, (c) Principle (Ward) through his employment and has IRA retirement assets. WIFE is the owner of a 401Kthrough her employment and has IRA retirement assets and prior employer retirement assets including but not limited to (a) Fidelity IRA, (b) Wellspan, (c) Charles Scwab, (d) Vanguard . The parties specifically agree to divide the retirement assets as follows: Seventy days after the date of filing of the Divorce Complaint the parties through their respective legal counsel shall obtain current printouts of the balances of all of each parties retirement accounts. The parties specifically agree to add the total of all of WIFE's retirement accounts and subtract any contributions she made plus or minus market fluctuation from the date she vacated the marital residence and subtract the amount of $ 4,000.00 which the parties stipulate shall be considered WIFE's premarital retirement asset. The parties agree to then add the total of all of HUSBAND'S retirement accounts and subtract any contributions he made plus or minus market fluctuations from the date WIFE vacated the marital residence. The parties shall then subtract the net martial value of HUSBAND's retirement accounts from the net marital value of WIFE'S retirement accounts and HUSBAND shall be entitled to receive by Qualified Domestic Relations Order a rollover of 37.5% of the difference in value of the two accounts. The parties further agree that this 37. °~ difference in value figure shall be calculated and agreed upon by the parties and the QDRO shall provide that said calculated number plus or minus market fluctuation form the date of calculation shall be distribute to HUSBAND via a QDRO from WIFE'S Wellspan 401K. The parties further agree to set forth the calculation as determined by the parties as an Addendum to this Marital Settlement Agreement. The parties further acknowledge the HUSBAND is agreeing to accept significantly Iess than 50% of the marital retirement assets in consideration of WIFE's agreement to not seek child support from HUSBAND. The parties shall split equally the cost incurred for the preparation of this Order. 7 HUSBAND agrees to obtain information from Footlocker regarding a small monthly retirement benefit that he may be entitled to receive upon retirement and provide said information to WIFE. The parties further agree that WIFE may elect at her expense to have a present value calculation performed to determine the present value of the ~ ~p~o8tion of said monthly retirement benefit and that the parties shall offset /o o~`the marital value of that amount from the QDRO amount to be paid to HUSBAND From WIFE's retirement under the terms of this Agreement. WIFE shall also provide a statement from her employer indicating whether she has any monthly or other retirement benefits that she may be entitled to receive from her current or any prior employers during this marriage and if any such retirement benefits exist HUSBAND shall receive ~o of the marital portion of any such benefits. '~~ S ~~ ¢ B HUSBAND hereby waives any other right, title and interest to any of WIFE's pension and/or retirement and any and all other retirement benefits, otherwise disclosed. WIFE hereby waives any other of her right, title and interest to any of HUSBAND'S pension and/or retirement and any and all other retirement benefits, otherwise disclosed. 10. BANK ACCOUNTS. The parties acknowledge that have the following marital bank and financial assets acquired during the marriage which constitute marital property subject to equitable distribution: A. 1'SECU Savings S01 $ 3,646.50 B. PSECU Vacation Share-Local Taxes $ 0.01 C. PSECU Checking $ 162.29 D. Money Market $ 66,063.13 E. WIFE's Members 15c ~-31-0 $3,168.28_ F. HUSBAND agrees to redeposit the sum of $ 200.00 to the 1'SCEU checking account prior to the joint fund 50-50 distribution to equalize the monies each party paid to his or her attorney from joint funds or joint credit card charges. 8 THE PARTIES FURTHER AGREE TO COMPLETE THE 50-50 DIVISION ALL OF THE CASH ASSETS AND MONEY MARKET AND BANK ACCOUNT ASSETS ON OR BEFORE SEPTEMBER 15, 2009. The parties further agree to use WIFE's July 31, 2009 Members 1St balance of $ 3,168.28 for the distribution calculation . HUSBAND and WIFE specifically agree to divide these cash and financial assets 50-50 so that each party receives 50% of the total amount of all of the above listed assets. Notwithstanding the foregoing, the bank accounts held solely in individual names shall become the sole and separate property of the party in whose name it is registered. Each party does hereby specifically waive and release his/her right, title and interest in the other party's respective accounts. WIFE shall be deemed to have already received any marital monies she used towards the purchase of her home or any separation/divorce related expenditures. 11. LIFE INSURANCE. HUSBAND hereby waives any right, title, claim or interest he may have in any life insurance policy of WIFE. WIFE hereby waives any right, title, claim or interest she may have in any life insurance policy of HUSBAND. 12. PERSONAL PROPERTY. Except as set forth here below, the parties hereto mutually agree that they have divided all furniture, household furnishings and personal property between them in a manner agreeable to both parties. The parties mutually agree that each party shall from and after the date of this Agreement be the sole and separate owner of all tangible personal property in his or her possession. The parties specifically agree that WIFE shall receive the personal property on the WIFE's Personal Property List attached hereto as Exhibit A and signed by both parties. Any property not listed on Exhibit A that WIFE may have inadvertently omitted A that WIFE may wish to have shall be discussed between the parties. 13. VEHICLES. The parties own a 2003 Honda Accord titled in HUSBAND'S sole name and a 2006 Toyota Highlander titled in WIFE's sole name and neither veicle is encumbered. In consideration of the other property transfers set forth in this Agreement HUSBAND waives any and all right, title, claim or interest u1 the 9 Highlander, which shall be the sole and separate property of WIFE and WIFE waives any and all right, title, claim or interest in the Accord, which shall be the sole and separate property of HUSBAND. Both parties agree to execute any documents that may be necessary to give effect to this paragraph of the Agreement. 14. BANKRUPTCY OR REORGANIZATION PROCEEDINGS. In the event that either party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefit of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under State or Federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor-spouse as set forth herein, including all attorney fees and costs incurred in the enforcement of this paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or dischargeable, regardless of Federal or State Iaw to the contrary, and each party waives any and all right to assert that obligation hereunder is discharged or dischargeable. The parties mutually agree that in the event of bankruptcy or financial reorganization proceedings by either party in the future, any monies to be paid to the other party, or to a third party, pursuant to the terms of this Agreement shall constitute support and maintenance and shall not be discharged in bankruptcy. 15. CHILD SUPPORT ALIMONY, SPOUSAL SUPPORT, AND ALIMONY PENDENTE LITE. The parties hereby expressly agree that the support and alimony provisions of this Agreement are and essential portion of the consideration for this entire Marital Settlement Agreement and particularly the distribution of the marital residence equity and the retirement assets. The parties specifically acknowledge that this is a 19 year marriage and that WIFE makes substantially more income than HUSBAND and in 2008 WIFE earned $84,093.12 and HUSBAND earned $49,070.18. The parties further acknowledge that whereas WIFE would have the right to seek child support from HUSBAND ,HUSBAND has the right to seek spousal support, Alimony Pendente lite and or/ Alimony from WIFE and the offsetting support obligations of the parties would most likely result with WIFE owing 10 HUSBAND up to one hundred dollars per month in spousal support or APL after deducting HUSBAND'S child support obligation to WIFE. The parties further acknowledge that both WIFE and HUSBAND want and will benefit from HUSBAND applying for and receiving a refinancing package that removes WIFE as an obligor on the current home equity loan and provides HUSBAND with sufficient funds to tender to WIFE a cash payment of her 50% interest in the net equity in the marital residence so WIFE can secure her loan to buy the real property at 301 East Elmwood Drive. The parties further acknowledge that they therefore agree as follows: A. Child Support and Spousal/APL and Alimony HUSBAND and WIFE specifically agree that in consideration of WIFE not paying spousal support, alimony pendente life or alimony to HUSBAND, WIFE shall not file for or seek child support from HUSBAND for the support of the parties' two minor children Nicholas and Lindsey. The parties further acknowledge that an agreement to waive a child support obligation is not enforceable under Pennsylvania law but that agreements to pay spousal support and/or alimony pendente life or alimony is enforceable. Therefore, HUSBAND and WIFE agree as follows: In the event WIFE files for child support for the support of the parties minor children (or child), and receives a child support order against HUSBAND, then WIFE shall have an absolute obligation and is legally and contractually obligated to pay spousal support, alimony pendente life or alimony in the exact amount of any Court ordered child support obligation entered against HUSBAND and that said spousal, APL or alimony payments shall not be tax deductible to WIFE or taxable to HUSBAND and said support/APL/alimony obligation of WIFE shall continue each and every month that there is a child support order entered against HUSBAND and said shall be reduced to Court Order and collected via wage attachment through Domestic Relations. HUSBAND and WIFE specifically agree that the obligation of WIFE to pay said monies to HUSBAND as set forth above is an essential element of this Marital Settlement Agreement and in consideration of the other promises contained herein, WIFE is assuming and agreeing to have asupport/APL or Alimony obligation to HUSBAND as set forth above if a child support order is entered and WIFE waives any right to challenge the enforcement of the spousal support, APL or alimony provisions of this Agreement and any attempt on her part to seek an avoidance of said obligation shall constitute a breach of this Agreement. 11 Notwithstanding the foregoing obligation of WIFE to pay said monies in the event a child support order is entered, the obligation of WIFE to pay said monies to HUSBAND shall cease upon the occurrence of any one of the following events: 1. HUSBAND cohabitates as defined and interpreted under Pennsylvania divorce law or remarries or sells the Wlneberry Drive property; or 2. the child support order is withdrawn or otherwise terminated Except as set forth in this Agreement, HUSBAND and WIFE each waive, release, discharge and give up any and all rights or claims which either may now or hereafter have for spousal support, alimony pendente lite, alimony, or maintenance from the other party unless a child support order is entered against HUSBAND. The parties further release any rights that they may have to seek modification of the terms of this Agreement in a court of law or equity, with the understanding that this Agreement constitutes a final determination for all time of either party's obligations to contribute to the support or maintenance of the other. Both parties also agree to each contribute as each is able to the children s school clothes, school lunches and extra curricular expenses. 16. CUSTODY. A. Legal custody: HUSBAND and WIFE shall have shazed legal custody of (l~~;ch ~~ ~~3 the minor children Nicholas Brock ~ 29, 199b and Lindsey Brock July 2, 1999. Both pazents shall have the right to participate in making decisions of importance in all major parenting decisions regazding the children's health, safety, education and welfaze including medical, educational and religious decisions. Both pazents shall be entitled to equal access to each child's school, medical, dental and other important records. As soon as practical after receipt by a party, copies of each child's school schedules, special events notifications, report cards, and similar notices shall be provided to the other party. Each party shall notify the other of any medical, dental, optical or other appointments of each child with health care providers, sufficiently in advance, where possible, so the other party can attend if he or she so desires. Notwithstanding the shazed legal custody status of each parent, non-major decisions involving each child's day to day living shall be 12 made by the parent then having custody, consistent with the other provisions of this Order. B. Primary physical custody: WIFE shall have primary physical custody of the minor children Nicholas and Lindsey and HUSBAND shall have partial physical custody of the minor child at the times as set forth here below: every other weekend from Friday at 3:30 p.m. to Sunday at 8:00 p.m.; and 2. two evenings per week, one of which shall be an overnight 3. every Father's Day from 9:00 am to 9:04 pm; WIFE shall always have the children on Mother's Day; and 3. alternating or sharing the holidays of Labor Day, Thanksgiving, Christmas Eve, Christmas Day, Easter, Memorial Day and Fourth of July; and 4. two weeks of summer school vacation; and 5. At any other such times as the parties mutually agree. WIFE and HUSBAND specifically agree that HUSBAND shall have numerous additional frequent periods of partial custody and that WIFE shall permit HUSBAND to see the children at additional times when he requests, and said permission shall not be unreasonably denied. C. Transportation: Unless otherwise agreed, the party receiving the children shall provide transportation. D. Extra curricular activities: Each party shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. Both parties agree to honor and participate in the activities in which the child wishes to engage. During the times that the parents have custody of the children, each parent will make certain that the child attends any extracurricular activities. The parties shall be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. Neither parent shall 13 commit the children to activities that fall on the other parent's period of custody, without the consent of the other parent, which consent shall not be unreasonably withheld. If the children are involved in an activity which occurs during both parents' periods of custody, both parents shall cooperate in providing transportation of the children to the activity. However, the custodial parent shall not be required to take the children to that activity if the custodial parent and children are out of town during that activity for a previously scheduled vacation. If the custodial parent is unable to deliver the children to the particular activity, the parent who has custody of the children at that time shall notify the non-custodial parent, who shall be entitled to pick up and deliver the children to the designated activity. The custodial parent shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. Should the custodial parent elect not to take the children to a defined activity period for two times, then the non-custodial parent shall have the right to assume that he or she will be responsible for transporting the children to that activity transportation is provided. E. Telephone calls: The parties shall use common. sense in scheduling telephone calls to talk to the children and each party shall refrain from preventing the other party from talking to the children when he or she calls, or in preventing the children from calling the other parry, provided that the phone calls are not excessively frequent not too long in duration or at inappropriate times such that they disrupt the children's schedule. F. Disparaging remarks: The parties and any third party(ies) in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. The parties shall not use the children to convey verbal messages to the other parent about the custody, divorce, support or any other such matters including any changes in the custody schedule. G. Mutual consultation: Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education 14 with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and the custody situation. EACH PARTY MUST PROVIDE THE OTHER PARTY WITH WRITTEN NOTICE OF ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER WITHIN 24 HOURS OF ANY CHANGE IN ADDRESS OR TELEPHONE NUMBER. Each party shall supply the name, address, and phone numbers of any persons in whose care the children will be in for a period in excess of seventy two hours, and for each person or entity which may provide day care for the children, excluding any current day care providers, relatives or public school institutions. H. Illness of children: Emergency decisions regarding the children shall be made by the parent then having custody, however, in the event of an emergency or serious illness of a child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other parry of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical The term "serious illness" as used herein shall mean any disability which confines the child to bed for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician I. Welfare of children to be considered: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Stipulation and subsequent court order. Both parents shall listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 17. SAVINGS BONDS AND COLLEGE EXPENSES HUSBAND and WIFE acknowledge that throughout the marriage they purchased numerous savings bonds for the purpose of using said bonds towards the children s college education costs. The parties specifically agree that said bonds shall be used only for the children s college education purposes. A true and correct copy of said bonds is attached hereto as Exhibit B. 15 HUSBAND and WIFE further acknowledge that there is no legal duty under Pennsylvania law requiring parents to contribute to the cost of their children's college education. HUSBAND and WIFE do each agree to contribute what he or she is reasonably financially able to contribute to said college expenses of the parties children under the conditions: a. the parent participated in the college selection discussion and selection process; b. the child has an exisiting intact relationship with said parent; c. the contribution by said parent to the college expenses would not cause financially difficulty or hardship to the parent or his or her then existing family; d. the child and other parent has cooperated fully in pursuing and applying for all student financial aid, grants, student loans and scholarships; e. the tuition, room and board the parent is requested to contribute to shall not exceed the then current Pennsylvania resident tuition room and board for a college in the Pennsylvania State school/university system; f. the child is enrolled in school full time taking a full course load and satisfactorily performing with at GPA of at least 2.75 or its equivalent.; g. the parent had the option not to contribute to the college expenses of a child if the parent has a legitimate reasonable parental concern or philosophic difference of opinion with the child resulting in that parent determining not to contribute to the college education expense of the child, or I the child is married or cohabitating with another individual while in college; and h. the child is also reasonably contributing to his or her college expenses through grants, loans, student jobs or other financial monies provided by the child. 18. ATTORNEY FEES, COURT COSTS. Each party hereby agrees to be solely responsible for his or her own counsel fees, costs and expenses. Neither shall seek any contribution thereto from the other except as otherwise expressly provided herein. 19. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that either party breaches any provision of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including 16 interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fees incurred by the nonbreaching party in protecting and enforcing his or her rights under this Agreement. 20. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a.) The right to obtain an inventory and the appraisement of all marital and non-marital property; (b.) The right to obtain an income and expense statement of either party; (c.) The right to have all property identified and appraised; (d.) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure; and (e.) The right to have the court make all determinations regarding marital and non-marital property, equitable distribution, spousal support, alimony pendente life, alimony, counsel fees and costs and expenses. 21. MUTUAL COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of this Agreement, including but not limited to, the signing of documents. 22. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 23. APPLICABLE LAW. 17 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 24. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 25. CONTRACT INTERPRETATION. For purposes of contract interpretation and for the purpose in resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first above written. This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND acknowledge the receipt of a duly executed copy hereof. PATRICIA A. BROCK RONALD J. BROC 18 SEP-11-2009 13 32 PIEAL(~l & GOVER List of items agreed to for division ?17 236 9119 P.01i08 Ron Pat 1 Bike Bikes 2 Ron's skis Pat's skis 3 washer - $S00 d er 4 1 dresser (nicks) 1 dresser (lindseys) 5 1 desk (nicks) i desks (kids) 6 1 endtables (nick) 1 endtables (Iindsey) 7 couch - $800 china cabinet $1500 S Ioveseat - $500 9 computer desk and computer $400 1 desktop computer and flatscreen monitor $300 10 lawnmower $300 snowblower $300 11 3 TVs 3 Ns 12 1/2 Christmas decorations Patio table, chairs and umbrella 5300 13 canoe $300 i/2 Christmas decorations l~f 1 rocking chair 1 racking chair 15 refrigerator $1,200 Master bedroom furniture $1800 16 1 king bed $1000 convection oven $300 17 1 queen bed Eli tical 5120 ZS recliner $75 1 ueen beds (kids $450 19 ressure washer grill $50 20 vaccuum 21 toilet - S300 22 freezer $400 china and silverware $350 23 glider $150 refri erator in gara a $150 24 Hot tub - $5,000 ladder 25 plates, glasses $ ots/ ans 26 1 kitchen table $1,000 larn s 1/2 27 1 dinin room table $800 tools 1/2 28 stereos $S00 shovels 1/2 29 situp bench Miscellaneous household items 30 Silver and Ch staff (1/2) Any other Items not disclosed on list to be agreed upon both parties ti ~~~~ ~~~ ~ SEP-11-2089 13 = 32 NEALON & GOVEK ~ i ~ cav .~i i ~ ~ ..r~ .~.- SEP-11-2~`~ qtr-tt-~ee7 13=3d Nti-tLUrv ~ vuvtK 71~ 236 9119 P.©S~'©6 ~FP-11-aAA9 ~~:4A NEALON 8 GOVER 717 236 9119 P.~6!~~ ,SEP-11-200° '~'~'~ NFAi nN st GOVER '(1'( ~.Sb 711'7 r. ele zero Y+hr~~.1`..1.':.: ~ •'~ . ~. ~ M Y ', ~ , +i. ... A _ •~ S'~,{4t~r ~:a~q W.tir~~ ..i:r ~'ri+~. a'~'1! .::RAT""~/~•'~•~g'w r = .. ,:5~'.: TC~'~~layS:~nLie:: :a~+':. •i .~ ~ i1• y ~:..' ioi^ .. of~-l r: Yp ':•l' .` y. .l . I'~:.::.Y:. ~1tl~t •-~ q~i:~~ :.F•".'''.~`~~• aNvrb'~;~ w:".:'.i -r ~=~y_ 1. 1, ~i<7.Y:{ ~:~i°` V;~ '_ f~'• ~ • : ~.... 05• ... ~_•c ~ ~ ~ ~`::.... fi'''t: ~I11s_ -.- :... r ' -Y ~ _ ~ 17M.1'< a,.o•:`~,~L:~~rb`,n'S~S,•,'•~F~' ' a:~l`v~'a~~!~pp.¢~QAOO4. S5:B _ -...y-~i••.,.F.~1. 4~'•iri .W i..7 .it i7 ,• i. .~ ~': i ~': rig ~ i 11 1,~p q ~:lti';~''.y'.••. 1~'^~ Kr- rtN •rg ~1s;;• •:.$•~ %l1 " ~ri%',n y .. .- :........1.,._ ` ~ ~s.....:r~ t::.A~C ':+'.`~!%.:L;a't•~1~,7 - • •.C ~~i..T ~.~^:`%!?:. •s'[.y~ I' ~~~~l~7:-0.5'•'.• ••~0•~'~l©• OJQ ':FI:'`~ _ +~': :~ ~. ''~Ye ~~ ip4 m"~r."c2' f~,le( ++etao `~ ~ YN~r ~ • ~>a `x Q~;i iT~,:•' ~ ~ ~ TOTAL P.OB ~- T, ,1 E"lM~ ti JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 Attorney for Plaintiff RONALD BROCK, Plaintiff v. PATRICIA A. BROCK, Defendant 2~l~r~~-' 28 PPS I~ 06 ~ n 16 ~`.-.. r ~ . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7907 Civil Term CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER § 3301 (c) OF THE DIVORCE CODE 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 § 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: (a) Date of service: November 19, 2009 (b) Manner of service: First Class United States mail. Affidavit of Service filed: December 14, 2009. 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: (a) By the Plaintiff: signed on May 27, 2010 and filed simultaneously with this document. (b) By the Defendant: signed on February 15, 2010 and filed March 2, 2010. (c) Date of execution of Waiver of Notice of Intention to File Praecipe to Transmit Record: (d) By the Plaintiff: signed on May 27, 2010 and filed simultaneously with this document. (e) By the Defendant: signed on February 15, 2010 and filed March 2, 2010. Related claims pending: NONE DATED: ~ , L ~~/ Attorney ID No. 36461 3820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Ronald Brock RONALD BROCK, IN THE COURT OF COMMON PLEAS Plaintiff CUN~ERLAND COUNTY, PENNSY7~,S~ANrIA ~ , ~: ~, _~.} v. NO. 09-7907 Civil Tern~~;?'?~ - =-~_ rr, ~ r=' PATRICIA A. BROCK, CIVIL ACTION - LAW c Defendant IN DIVORCE ,,, ~ -r, :.:,. . • ~ _ ~' •• AFFIDAVIT OF CONSENT ~ ~ _ =~~' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 13, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~ a 7 /v ~ ~~'G~ ~~rc~. Ronald Brock RONALD BROCK, Plaintiff v. PATRICIA A. BROCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7907 Civil Term CIVIL ACTION -LAW IN DIVORCE ca WAIVER OF NOTICE OF INTENTION TO REQUEST ENT~~ ~' OF DIVORCE DECREE UNDER ' '' ` -~~ ' § 3301(c) OF THE DIVORCE CODE ~ ` 'v =' Fy_ c~ t~. _~. ..__ .. _; 1. I consent to the entry of a final Decree of Divorce without notice G ~ ~ c 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. § 4904 relating to unsworn falsification to authorities. DATE: 5~~?7~iv /S ~ Lk~%2~~ Ronald Brock IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA A.BROCK NO 09-7907 DIVORCE DECREE AND NOW, l Z ~`~ Z a ~~ , it is ordered and decreed that Ronald Brock ,plaintiff, and Patricia A. Brock ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente life 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.") And, it is further ordered, adjudged and decred, that the terms of the parties' Marital Settlement Agreement dated September 11, 2009, attached hereto are incorporated herein but nit merged herewith_ By the Court, Attest' tom. J. Prot onotary (9 • a • 1 O Cep-~-. ~,~~ t~1(,~ le.c} -~-o C'~(o~c~h . N~°~` FIl.EU-;:~~-!-i 'JUN 0 T .~ 1~i0 RONALD BROOK, ZQ ! Q ~ ~ j ~ - 9 a~ ~ ; ~ J ; IN THE COURT OF COMMON PLEAS PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA CUI~~~ ~ ~. '~ sir V::1NTY VS. P~ ~P~S'~'~.b`~NlA, NO.: 09-7907 CIVIL TERM PATRICIA A. BROOK, DEFENDANT CIVIL ACTION -LAW QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this i~ day of ~r~Kc.. , 2010, based on the findings set forth in items one through seven, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items eight through twenty: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This court has personal jurisdiction over the parties. The parties were married on May 19, 1990, and divorced on June 2 , 2 010 . 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" are: NAME: Patricia A. Brock ADDRESS: 301 East Elmwood Avenue, Mechanicsburg, PA 17055 SOCIAL SECURITY: 158-56-2856 DATE OF BIRTH: June 28, 1964 3. Alternate Payee Information: The name, last known address, and social security number of the "Alternate Payee" are: NAME: Ronald J. Brock ADDRESS: 17 Wineberry Drive, Mechanicsburg, PA 17055 SOCIAL SECURITY: 174-61-6 i 71 DATE OF BIRTH: December 6, 1963 The Alternate Payee is the former spouse of the Participant and shall have the duty to notify the plan administrator in writing of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name. The name of the Plan to which the Order applies is the We11Span 403(b) Retirement Savings Plan (Plan No. 95814-01)(hereinafter referred to as "Plan' Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. S. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an .Alternate Payee's right to receive a portion of the Participant's benefits payable under anemployer-sponsored defned contribution plan that is qualified under Section 403(b} Code (the "Code'. (It is intended to constitute a Qualified Domestic Relations Order ("QDRO'~ under Section 414(p) of the Code and Section 206(dx3} of ERLSA and the Retirement Equity Act of 1984, P.L. 98-397 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations law of Pennsylvania. 7. Provisions of the Marital Property Rights; This Order relates to the provisions of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to: $46,766.60 of the Participant's Total Vested Account Balance under the Plan as of January 22, 2010 ("Valuation Date"). In addition Alternate Payee shall be entitled to any investment gains or losses from the valuation date until the date of transfer of Alternate Payee's share to Alternate Payee. Such Total Vested Account Balance shall be determined after the account is reduced by the outstanding balance of the Participant's account reduction loan(s), if any, as of the valuation date specified above, such that the Total Vested Account Balance shall not include the outstanding balance of any account reduction loan(s) as of the valuation date. The obligation to repay any outstanding participant Plan loan(s) from and after the date of this Order remains solely with the Participant. Such Total Vested Account Balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of the Participant, including, but not limited to, any rollover, transfer and after-tax contributions. The Alternate Payee's portion of the benefits described above shall be allocated on a prorate basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Unless the Alternate Payee elects an immediate distribution that is permitted by the Plan at the time this Order is submitted to, and approved by, the Plan, such benefits shall also be segregated and separately maintained in a nonforfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established proportionately in the same investment options as the Participant account. Alternate Payee may make investment selections as and when permitted under the terms of the Plan. Alternate Payee's account shall experience gains and or losses according to the investment experience of the investment options in which Alternate Payee's share is invested. 9. Commencement Date and Form of Paymerrt to Alternate Payee: If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO . ,. by the Plan, or at the earliest date permitted under the terms of the Plan. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor annuity. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the Plan. 10. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order, and under the benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary{ies), as designated on the appropriate form provided to the Plan or, in the absence of a beneficiary designation, the remainder of any unpaid benefits under the terms of this Order shall be paid in accordance with the terms of the Plan. 12. Death of Participant: Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. The Alternate Payee shall not be treated as the Participant's surviving spouse for purposes of any survivor benefits. 13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; c. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which in inconsisternt with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary ,Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan of such information as the Plan may reasonably require from such parties. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO, as it may be amended from time to time, and that the Plan shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under This Order: For purposes Sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participarrt shall be treated as the distnbutee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 17. Parties Responsibi4tles in Event of Error: In the event that the Plan inadvertently pays 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 the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, if the Participant has experienced a distributable event under the terms of the Plan, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. If the Participant has not experienced a distributable event under the terms of the Plan, the Alternate Payee shall immediately return such overpayment to the Plan within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as an eligible domestic relations order, as amended and the anginal intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Aiternate Payee as set forth herein. 20. Fee: A processing fee of $250.00 shall be charged one-half ($125.00) against the Alternate Payee's awarded share and one-half ($125.00) against the Participant's remaining account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee. If there are not sufficient funds in either party's share/account to pay that party's respective share of the fee, the difference shall be charged to the share/account of the other party. >~d~ ~ RONALD J. BR K ~~ PATRICIA A. BROOK BY THE COURT Dated: /~~° ~~ CO~-i~S sHCc.,..~~ `~- ~-9-~d ~~