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HomeMy WebLinkAbout10-0694FAMESThents\13722 Stenles\I3722.I.dinom Rid: 1128/10 10:30AM i Hubert X. Gilroy, Esquire -,c ; F GARY IL t MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 2C 10 JAS, 28 A, i 11: l: 7 I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANCES E. S. STEGGLES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2010- (o j CIVIL ACTION - LAW ANDREW P. STEGGLES, 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street ?3S.t, oa ?? a r Carlisle, Pennsylvania 17013 dJ-1/7 Telephone (717) 249-3166 12 ? .?- 3/0 912 FRANCES E. S. STEGGLES, Plaintiff V. ANDREW P. STEGGLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- (o I I CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Frances E. S. Steggles, who currently resides at 1228 White Birch Lane, Carlisle, Pennsylvania 17013. 2. Defendant is Andrew P. Steggles, who currently resides at 4615 North Park Avenue, Apt. 1008, Chevy Chase, Maryland 20815. 3. Plaintiff has been bona fide resident in the Commonwealth of Pennsylvania and in Cumberland County for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 14, 1995, in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES By Hubert X. Gilro Esqi 10 East High eet Carlisle, PA 1 013 (717) 243-3341 Attorneys for Plaintiff Date: January 28, 2010 h VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Frances E. S. Steggles FAHLESNChentsk13722 Steggle03722.I.divwm ALaKffi-M MV OF THE MOOVAR, JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams@gmail.com -------------------------------------- FRANCES E. STEGGLES, Plaintiff vs. ANDREW P. STEGGLES, Defendant 2010 FEB -2 PM 3= 30 0AW"o WNW "1f IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2010 - 694 Civil Term IN DIVORCE ACCEPTANCE OF SERVICE I, Jane Adams, Esquire, represent Andrew P. Steggles, in the above-captioned matter; I hereby accepted service of the Notice to Defend and Complaint in Divorce on January 28, 2010, which filed by Plaintiffs Attorney under the above-captioned number and I hereby affirm I was authorized to do so. Date: D D e Adams, Esquire W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT .' FRANCES E.S. STEGGLES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2010- 694 CIVILTERM ~ `~ ~ ~~; -v ANDREW P. STEGGLES, ~ - Defendant IN DIVORCE AND CUSTODY ~ n - ~ ~ ~ ro CUSTODY STIPULATION 1. ~al Custody. The Father, Andrew P. Steggles, and the Mother, Frances`. S. Steggles, shall have shared legal custody of their children, William Thomas Steggles, born June 7, 2005, and Campbell Grace Steggles, born December 28, 2007. The parties shall have an equal right to make all major non-emergency decisions affecting their children's general well-being, including, but not limited to, all decisions regarding health, education, religion training, and extra-curricular activities. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children, including, but not limited to, medical, dental, religious, or school records, the residence address of the children and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody of the children subject to the Father's physical custodial rights to have the children with him as hereinafter provided. Father shall have liberal periods of partial physical custody, with the children, including the times as follows: a. Father shall have the children every other weekend from Friday at 3:00 p.m. through Sunday at 5:00 p.m. The Friday pickup time at 3:00 p.m. shall be modified as the parties agree in the event wife obtains employment that would interfere with the scheduled pick up time. b. Additional times as mutually agreed by the parties. c. Unless agreed otherwise by the parties, exchange of custody shall take place at Thurmont, MD. 3. Holida s: Anything herein to the contrary notwithstanding, the following holidays shall be shared between the parties and their minor children. The holiday schedule shall control over the weekend/mid-week visitation schedule in the event of a conflict. a. Christmas Break: In odd numbered years, the children shall be with the Father during the first period of the Christmas Break and the Mother during the second period of the Christmas Break. In even numbered years, the children shall be with the Mother during the first period of the Christmas Break and the Father during the second period of the Christmas Break. Unless otherwise agreed by both parties, the first portion of this holiday shall begin when school recesses for the Christmas holiday and shall end at 12:00 noon on December 27, and the second portion of this holiday shall begin at 12:00 noon on December 27 and shall conclude at 5:00 p.m. on the day before school resumes. The second portion of this holiday will include New Year's Eve and New Year's Day. b. Thanks 'giving: The Mother shall have the right to have the children with her for the Thanksgiving holiday in all odd numbered years, and the Father shall have the right to have the children with him for the Thanksgiving holiday in all even numbered years. For purposes of this Agreement, the Thanksgiving holiday shall begin at 12:00 p.m. on the children's last day of school before Thanksgiving and end at 5:00 p.m. on the Sunday after Thanksgiving. c. Children's Birthdays: The child shall spend his or her birthday with the parent with whom s/he is scheduled to reside pursuant to subparagraph(s) above. However, the other parent will be allowed to see the child for a brief visit on his/her birthday or on the weekend following or the weekend before the child's birthday. The party who will not have the child for the actual birthday shall notify the other party of when/if he or she plans to exercise the birthday visitation. d. Father's Dav: The Father shall have the right to have the children with him on each Father's Day if it is not his regularly scheduled time to have the children from 9:00 a.m. Sunday to 5:00 p.m. Ideally, the parents would consider trading weekends to accommodate. e. Mother's Dav: The Mother shall have the right to have the children with her on each Mother's Day if it is not her regularly scheduled time to have the children from 9:00 a.m. Sunday to 5:00 p.m. Ideally, the parents would consider trading weekends to accommodate. f. Memorial ,Dav: The Mother shall have the right to have the children with her for the Memorial Day holiday in all even numbered years, and the Father shall have the right to have the children with her during the Memorial Day holiday in all odd numbered years. For purposes of this Agreement, the Memorial Day holiday shall begin at 3:00 p.m. on the Friday before Memorial Day and end the Monday of Memorial Day at 5:00 p.m. g. Fourth of July: The Father shall have the right to have the children with him for the Fourth of July holiday in all even numbered years, and the Mother shall have the right to have the children with her for the Fourth of July holiday in all odd numbered years. For purposes of this Agreement, the Fourth of July holiday shall begin at 12:00 noon on July 3 and shall conclude at 5:00 p.m. on July 5 or the Sunday following if it falls on a long holiday weekend, whichever is later. h. Labor Dav: The Father shall have the right to have the children with him for the Labor Day holiday in all odd numbered years, and the Mother shall have the right to have the children with her during the Labor day holiday in all even numbered years. Unless otherwise agreed by both parties, Labor Day weekend shall being at 12:00 noon on Thursday before Labor Day and shall conclude at 5:00 p.m. on Labor Day. i. Easter and Spring Break: In odd numbered years, the children shall be with the Mother during Easter/Spring Break and the Father in even numbered years. Unless otherwise agreed, Spring Break shall begin when school recesses for its Spring Break holiday, and shall conclude at S:OOp.m. on the day before school resumes, and the Easter holiday shall begin at 5:00 p.m. on Good Friday and shall conclude at 5:00 p.m. on Easter Sunday. If Spring Break and Easter are contiguous periods of time, the Child shall spend the entire period of time with the designated party. 4. In the event of a medical emergency, the party with physical custody at the time shall make emergency decisions as necessary; however, the party with physical custody will make a best effort attempt to speak live with the other parent so the parent without physical custody at the time can assist in decision-making and give input if time and the situation permits. She/he shall promptly notify the other party as soon as practicable. 5. Telephone contact: Telephone contact between the children and the non-custodial parent shall be reasonable and liberal as agreed upon between the parties. The children shall have the right to telephone their parents at all reasonable times. Neither party will monitor or interfere with these communications. Each party shall reasonably notify the other party of the children's whereabouts and a telephone number where the children can be reached. For this purpose, the parties agree to leave their cell phones on if possible. 6. Vacation: Father and Mother shall be entitled to up to four weeks of vacation with the children per calendar year (this is in addition to the agreed upon rotation schedule of school holidays). A week shall consist of seven overnights. Such vacation time may be taken in up to four different segments per year, but in any event, any trips for more than fourteen (14) overnights during one vacation period must bepre-approved by both parents. Parent shall give other parent at least forty-five (45) days notice of the dates of any intended vacation, and shall provide information as to the destination, contact address and telephone number, flight or other transport information, and general itinerary at least seven (7) days before the intended trip. If the children will spend any period of the vacation without a parent present, the custodial parent must get permission from the other parent. When the Child begins attending school, neither party will schedule vacation which requires the Child to be absent from school unless both parents express written consent. For the situation where Father proposes to take the children to the U.K., Father should give Mother sixty days notice of the dates and basic itinerary of a proposed trip with the children. Mother agrees to not unreasonably withhold consent to Father's suggested trip. If Mother objects to the proposed trip, Mother must indicate that she objects to the proposed trip at least forty-five days prior to the trip. Forty-Five days prior to the trip and assuming Mother's consent, Mother shall release the children's passport to Father in order that he may make final arrangements and travel plans for the trip with the children. Upon Father's return from the U.K. J when the children are reunited with the Mother, he shall return the passports to Mother. All trips outside of the U. S. and the U.K. must be approved by both parents. The parties may modify this vacation clause by mutual agreement. It is contemplated by the above that the rules applicable to the Father with respect to his trips to the U.K. shall also apply to Mother. 7. Education/Health: The children cannot miss school or other health/education activities such as physicaUspeech/occupational therapy unless Mother and Father approve and/or for reasons due to the child's health. Both parents agree that they will not unreasonably withhold approval for either child to miss any of the noted activities under the appropriate circumstances. 8. Contact Information: The party with physical custody at the time shall keep the other party notified of children's whereabouts including contact address and telephone number whenever the whereabouts is not the normal home address. 9. Right of First Refusal: Both parties shall enjoy the right of first refusal to provide care for the minor children in the event that the custodial parent is unavailable and must rely upon a third party to take care of the children overnight. In such situations, the custodial parent must contact the non-custodial parent first and offer the non-custodial parent the opportunity to provide care for the children when the custodial parent is unavailable for one or more overnights. Mother and Father agree to respect the rights of each other and neither party shall attempt to influence the children not to love and respect the other parent. Mother and Father agree that they shall exert reasonable effort to maintain access and unhampered contact between the children and the other party, and each party shall endeavor to foster a feeling of affection between the children and the other party, and neither party shall do anything which will or may tend to estrange the children from the other party, or in any way impair the love the children have for the other party. Mother and Father agree to restrain himself or herself from prejudicing the children against the other party. Both parents shall at times carry out their time with the children in a manner conducive and respectful to the best interests of the children. Mother and Father further agree that during the time the children are in their care they will not expose the children to any environment or influence which could in any way be deemed to be detrimental to their health, character, and development. 10. This Stipulation is entered pursuant to an agreement of the parties. The parties agree that this Stipulation may be incorporated as an Order of Court and may be enforceable as an Order of Court. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this agreement and Order shall control. In the event one party desires a modification of the custody agreement and the parties are unable to reach an agreement on any modification, either party may petition the Cumberland County Court to request a modification of the order. WITNESSETH: Hubert X. t'nlroy, Es uire 10 East High St. Carlisle, Pa. 17013 Attorney for Mother J Adams, Esquire W. South St. arlisle, Pa. 17013 Attorney for Father Frances E. S. Steggles, Mother Date: ~ ~ /~ Andrew P. Steggles Father Date: ~ l ~~~ ~ O SEP 0 3 2010 iANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadamsQgmail.com ----------------------------------------------- FRANCES E.S. STEGGLES, Plaintiff V. ANDREW P. STEGGLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 694 CIVIL TERM IN DIVORCE AND CUSTODY ORDER AND NOW, this '~ t ~ day of ~~ ~ ~ , 2010, having reviewed the attached agreement between the parties, it is hereby ORDERED and DECREED that the stipulation entered by the parties on August 20, 2010 shall be entered and incorporated into this Order of Court. cc: '~ Jan Adams Es uire for father q , Hubert X. Gilroy, Esquire, for mother q~'x~~o `~ r-.:'. (~ ;~ a ~ ~ rn~ -~.~ ~o ~ ~ ~-r ~. , --i -~,rn ~~ ' c~ ~C -~. N f O FRANCES E.S. STEGGLES, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-694 CIVIL TERM C a ANDREW P. STEGGLES, CIVIL ACTION - LAW r- i CO ~ Defendant IN DIVORCE X= r r- n DEFENDANT'S AFFIDAVIT OF CONSENT r?-? ?o -n -?c t-) = .`t C:) 1. A Complaint in Divorce under § 3301(c) of the Divorce Code w t ed%nu 8, 2010. ti 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsificatioZS, Date: -71 o I Anendant DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO RE UEST ENTRY OF A DIVORCE DECREE UNDER6 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: ? l ZD f / - PDefendantAndrew to gle I? I~ iLEC-Or FICE FRANCES E.S. STEGGLES, IN THE COURT OF COMMON PLLO ST E P R 0 f H C', 0 TA R Y Plaintiff CUMBERLAND COUNTY, PENNSY? A,IU?Af P 3e 5 2 V. NO. 2010-694 CIVIL TERM CUMBERLAND COUNT" PENNSYLVANIA ANDREW P. STEGGLES, CIVIL ACTION - LAW Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this l s? day of 2011, BETWEEN FRANCES E.S. STEGGLES, of Carlisle, Cumberland Col y, Pennsylvania, hereinafter referred to as Wife, AND ANDREW P. STEGGLES, of Chevy Chase, Maryland, hereinafter referred to as Husband. RECITALS: R1: The parties hereto are husband and wife, having been joined in marriage on October 14, 1995 in Cumberland County, Pennsylvania, and R.2: There were two children born of the parties' marriage; and R.3: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County Pennsylvania, to Number 2010-694 Civil Term; and R.4: Certain differences exist between the parties and they have decided to permanently live separate and apart from each other and they intend by this Agreement to fully and finally settle all of their respective rights and obligations as between each other, including, but not necessarily limited to: (1) the settling of all interests, rights and/or obligations between them or their estates, whether arising out of their marriage, including, but not limited to: (a) the past, present and future support, alimony pendente lite, alimony or maintenance of either party by the other party; and (b) the ownership of all assets of whatever nature, including assets acquired by either party prior to or subsequent to the date of execution of this Agreement. 1 4 NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings set forth in this Agreement and for other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged by each of the parties, Wife and Husband, intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Husband has been represented by Marylou Matas, Esquire. Wife has been represented by Hubert X. Gilroy, Esquire. Both parties acknowledge that they are familiar with and fully understand the relevant law and relevant facts, including the assets, liabilities, income and expenses of the other party, and that each is fully aware of his or her rights and obligations. Each party represents that he or she understands that, in the absence of this Agreement and as a matter of law: (1) as a surviving spouse, he or she might be entitled to a greater share in the decedent's estate than is provided for in this Agreement; and (2) as a separated and/or divorced spouse, he or she might be entitled to greater support, maintenance, alimony pendente lite, counsel fees, costs, alimony, distribution of property, or other financial benefit arising from the marital relationship than is provided for in this Agreement. Notwithstanding the foregoing, the parties shall be bound by the terms of this Agreement. Each of the parties further acknowledges and agrees that, with such knowledge, and after having read this Agreement carefully and fully, this Agreement is fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith, and that its execution is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. 2. DEFINITIONS 2.1. Divorce Code. The phrase "Divorce Code" shall be defined as Pennsylvania C.S.A., Title 23, Section 101 et seq. (effective March 19, 1991). 2.2. Date of Execution of This Agreement. The phrase "date of execution" or "execution date" of this Agreement shall be defined as the date that the last party signs this Agreement. 2 2.3. Effective Date of Agreement. This Agreement shall become effective and binding upon both parties on the execution date of this Agreement. 3. EFFECT OF DIVORCE DECREE This Agreement shall continue in full force and effect after a final decree in divorce is entered in any jurisdiction, it shall survive and not merge into any such divorce, and its provisions shall not be affected by the entry of such a decree, surviving any such decree and remaining independent of any such decree. The terms of this Agreement shall be incorporated for enforcement purposes only, but not merged into the divorce decree. Therefore, should either party obtain an order of separation or divorce in any jurisdiction, that party shall take all reasonable steps to have this Agreement incorporated for enforcement purposes only, but not merged as part of any such order. The Court entering the decree shall have all of the powers of enforcement, which, at the discretion of the non-breaching party, shall include, but not necessarily be limited to, all of the following: for breach of contract, under theories of equity, and under the Divorce Code, including under Section 3105 (which includes contempt). The provisions of this Agreement shall not be modifiable for any reason 4. EFFECT ON DIVORCE Wife previously filed a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, Docket No. 2010-694 seeking a divorce decree pursuant to, among other provisions, Section 3301 (c) of the Domestic Relations Code. The parties shall take all legal steps (including, but not limited to, the timely and prompt submission of all documents and the execution of appropriate waivers of the right to file exceptions and of the right to file an appeal) necessary to ensure that a divorce pursuant to Section 3301(c) of the Domestic Relations Code, including the Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of the Decree in Divorce. 5. EFFECT OF NO DIVORCE Except as otherwise provided for in this Agreement, this Agreement shall remain in full force 3 and effect even if no final decree in divorce is entered. 6. PERSONAL RIGHTS Each party shall be free from any direct or indirect interference by the other in his or her personal and business activities as of the date of execution of this Agreement. Except as is otherwise set forth in this Agreement, each party may reside wherever and with whomever he or she desires. The parties shall not interfere with, harass, or malign each other or the respective families, friends, colleagues, employers or employees of each other. Neither party shall enter the residence of the other party without the express written permission of the other party. 7. WARRANTY OF DISCLOSURE Husband and Wife represent and warrant that they have disclosed to each other in full their respective assets (including the basis and holding period of such assets, where applicable), liabilities and income, valued as of July 30, 2010, the date of separation of the parties, that they have been given ample opportunity to identify, analyze and value the assets titled in the name of or held for the benefit of the other party and that this Agreement was negotiated and entered into on the basis of those disclosures and their substantial accuracy. The parties acknowledge that: (a) no formal appraisals have been conducted and that the values assigned to the assets merely are the good faith estimates of current fair market value/book value by the parties themselves and that the values ascribed to the assets might be very different if other methods of valuation were utilized; (b) the parties assign very different values to many of the assets; and (c) they are aware that, but for this Agreement, they might be entitled to additional formal discovery, including by review of documents, inspections, interrogatories, depositions or otherwise. Notwithstanding the foregoing, any further disclosure, and any further statement in this Agreement regarding disclosure, is specifically waived. 4 8. EQUITABLE DISTRIBUTION OF ASSETS 8.1. Business: A. Higher Lo i@ c• LLC: Husband has an interest in Higher Logic, LLC. Husband owns 25 million units, representing 50% ownership interest. Subject to Wife's interests as set forth below, Wife waives all right, title and interest she has or may have in this business. Wife shall sign any documents that may be necessary to remove her name from any ownership interest. For Wife's interest in the business, the parties agree that Husband will transfer 10% of his units, or 2.5 million units, to Wife. These units shall be non-voting units only. Pursuant to the Operating Agreement of Higher Logic, LLC, the transfer of units from Husband to Wife establishes Wife as an assignee and not a member. Wife, as an assignee, has no voting rights but does retain the economic benefits of the units. Husband retains the right to purchase 80% of Wife's units, or 2 million units, at 10 cents per unit. Husband elects to make his first purchase at the date of execution of this Agreement through the transfer of a portion of his 401(k) account, which Wife accepts. Husband hereby elects to purchase 20% of Wife's units for the price of FIFTY THOUSAND DOLLARS AND 00/100 ($50,000), which shall be paid through the transfer of Husband's 401(k) account funds, more clearly specified in paragraph 8.4 below. In the event that Husband's reported taxable income while he is a salaried employee of a Higher Logic is greater than $225,000, Husband shall use 50% of the amount reported above $225,000 toward the election to purchase Wife's remaining units of Higher Logic, LLC. In addition, Husband shall transfer 10% of his units, or 2.5 million units to a Trust established for benefit of the parties' minor children, William and Campbell. The Trust shall be managed by Husband and Wife as joint trustees. The trust document shall be prepared by Wife's counsel and the parties shall execute that document within 10 days of being requested to do so. Husband and Wife shall act in a manner consistent with their fiduciary obligations as trustees. 5 Pursuant to the Operating Agreement of Higher Logic, LLC, the transfer of units from Husband to the Trust establishes the Trust as an assignee and not a member of the LLC. The assignees have no voting rights and no right to participate in the affairs of the company, but do retain economic benefits of the units. The Trust, trustee and Assignees are obligated to sign and abide by the terms of the operating agreement. These units of the trust can not be transferred or assigned to any other person or entity, without the express written approval of the Board. Further, Wife, as trustee, can not transfer the units of the trust to full voting units without Husband's consent. Wife and her counsel have reviewed the Operating Agreement of Higher Logic, LLC. As of immediately prior to this Settlement Agreement, Husband is the owner of 25 million Units of Higher Logic, LLC. Immediately after giving effect to the transfers by Husband of an aggregate of 5 million Units to Wife and trusts for the benefit of Andrew and Fran's children, as contemplated by this Settlement Agreement, (not contemplating the immediate buyback of 20% of Wife's shares upon execution of this Agreement) (i) Husband will own 20 million Units, and (ii) Wife will own 2.5 million Units. Subsequent to such transfers and for so long as Wife is the owner of all of the Units referenced in clause (ii) of the preceding sentence, Husband agrees not to acquire any additional Units unless Wife is provided the opportunity to acquire a proportionate number of additional Units (based upon the respective number of Units then owned by each of Husband and Wife) upon substantially the same terms and conditions as applicable to Husband. If Wife does not acquire such additional Units, Husband shall be free to complete his Unit acquisition. The term "Units" has the same meaning given to such term in the Operating Agreement of Higher Logic, LLC, dated January 1, 2010. In the event Higher Logic, LLC is sold or there is a distribution of funds by Higher Logic, LLC to unit holders, Wife and the trust for the minor children will receive a proportionate share of funds based on the number of units Wife or the trust holds at the time of sale or distribution. Wife shall execute any such document necessary as may be presented to her by Higher Logic 6 corporate counsel to effectuate the terms of these paragraphs. In addition to the transfer of units from Husband to Wife and the Trust for the children, Wife and the Trust also shall receive the benefit of any profit distribution in the same amount as their percentage share would otherwise entitle them to receive as a unit holder. Wife and the Trust shall receive the profit distributions in the same manner as other unit holders, at the same time and in the same form. B. Holiday Home Rental, LLC: Husband has an interest in Holiday Home Rental, LLC. Wife waives all right, title, and interest she has or may have in this business. Subject to Wife's interests as set forth below, Wife waives all right, title and interest she has or may have in this business. Wife shall sign any documents that may be necessary to remove her name from any ownership interest. As of the date of separation, the parties acknowledge that this business operated at a loss and has no value. While the business continues to operate, Wife shall receive 10% of net profits distributed, after payment of all taxes, liens, costs, etc. The parties' minor children shall receive 10% of net profits distributed after payment of all taxes, liens, costs, etc. The profits for the children shall be distributed to the Trust, as set forth below. At the time this LLC is sold, net profits shall be distributed so that Husband receives his percentage of the profits, due to him as the owner, less the percentage due to Wife and the children herein. Wife shall receive 10% of net profits, and the children of the minor parties shall receive 10% of the net profits. If the children are minors at the time this LLC is sold, the net profits for the children shall be distributed to a Trust established for benefit of the minor children, William and Campbell. The Trust shall be managed by Husband and Wife as joint trustees. The trust document shall be prepared by Wife's counsel and the parties shall execute that document within 10 days of being requested to do so. Husband and Wife shall act in a manner consistent with their fiduciary obligations as trustees. C. AFW Dev, LLC: Husband has an interest in AFW Dev, LLC. During their marriage, Wife had a 50% ownership 7 interest in this business. Wife waives all right, title and interest she has or may have in this business. Wife shall sign any documents that may be necessary to remove her name from any ownership interest. As of the date of separation, the parties acknowledge this business existed in name only and was not an active corporation. D. Indemnification for Business Loans. Husband hereby indemnifies Wife against and holds Wife harmless from any expense or liability which she may have incurred by reason of her signing, co-signing, or guaranteeing any loan and/or corporate tax filing of Husband or of any of the Corporations named herein. 8.2. Personal Property. All personal property which was acquired separately by each of the parties prior to the marriage, by gift or inheritance from a third party, or after separation, shall remain the separate property of the party who has possession or control of it as of the date of execution of this Agreement. The parties hereto mutually agree that they have effected a satisfactory division of all other personal property not specifically mentioned herein, including the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. 8.3 Life Insurance. With the exception of the policy/policies referred to herein, regardless of which party currently is designated the owner and/or beneficiary, all life insurance (including any cash value) identifying either party as the insured and/or beneficiary, shall, at either party's sole discretion, be modified to identify whomever he or she designates as the insured and/or beneficiary. 8 Wife shall maintain the life insurance policy with Principal Financial Group, with a cash value as of the date of separation of $8,268.00. Husband waives all right, title and interest in this policy and shall sign whatever documents necessary to waive his interest in this policy. Wife shall retain all ownership interest in this account. Husband shall maintain a life insurance policy on his life, naming Wife as the sole beneficiary to administer the funds for the purpose of providing a benefit for the children in the event of his death, with a total face value in an amount not less than Five Hundred Thousand ($500,000.000). Husband shall maintain this life insurance policy through December 31, 2025 Husband shall not borrow against this policy, and not less than annually, provided Wife has given 30 days notice of her request to have the information provided, he shall provide to Wife copies of said policies and proof of payment of the premiums. Wife shall be authorized to obtain information concerning the policy/policies insuring the other party directly from the insurer upon her demand. If Husband does not have the required life insurance in place at his death, then this shall be a claim against his estate that his estate shall not defend against. In addition to the above policy, Wife shall be entitled to obtain a policy on Husband's life at her expense if she so desires. Husband shall cooperate with any examination that may be necessary for the policy to be in effect, at Wife's expense, and shall sign documents necessary to authorize the policy. The policy shall be maintained by Wife, at her expense. The provisions for life insurance herein supercede any prior Agreement of the parties and specifically supercede the Agreement and Order of Court dated August 20, 2010. 8.4 Retirement pension investments stocks bonds mutual accounts. Except as specifically provided for in this Agreement, Wife and Husband hereby specifically release and waive any and all interest, claim, or right that she or he may have to any and all retirement benefits (including pension or profit sharing benefits) or other similar benefits of the other party. The 9 parties shall execute any documents pursuant to the Retirement Equity Act or any similar Act that may be required from time to time to accomplish the purpose of this Paragraph. Each party shall execute and take all such steps as may be necessary to effectuate a spousal consent (in accordance with the appropriate provisions of the Plan) allowing the other to designate any beneficiary as each may elect to receive amounts that may be payable under the Plan upon his/her death (such election to be evidenced by a beneficiary designation form executed by Husband/Wife) and both parties shall agree to any changes to such beneficiary designation made by the other prior to dissolution of marriage. Husband owns or has an interest in a Fidelity Investment 401(k) account, with an approximate date of separation account balance of $222,334.86. For her interest in the marital estate, Wife shall receive the sum of TWENTY-ONE THOUSAND AND 00/100 DOLLARS ($21,00.00) ($21,000.00) from Husband's Fidelity 40(k) account, via a rollover. Wife's counsel shall prepare a QDRO to effect the transfer of all funds due and owing to Wife from Husband's 401(k) pursuant to this Agreement, which includes amounts due from paragraphs 8.1(A), 8.4, and 10. The total amount due to Wife from Husband's 401(k) herein is EIGHTY SIX THOUSAND DOLLARS AND 00/100 ($86,000.00). Wife shall receive the sum specified and is not entitled to receive gains or losses on this account. Wife shall be responsible for all fees associated with the preparation, review and implementation of the QDRO. Wife shall waive her right, title and interest in remaining balance of the account and Husband shall retain all other funds in this account. Husband owns or has an interest in a Charles Schwab IRA account, with an approximate balance as of March 31, 2011, of $42,954.89. Wife shall receive the account balance of this account as of the date July 151, 2011, with gains or losses thereon. Wife's counsel shall prepare the QDRO to transfer this account balance to Wife's name, in the event such an Order is necessary. Husband shall cooperate with the signing of any such document. Wife owns or has an interest in a Charles Schwab IRA account, with an approximate balance as 10 of December 31, 2010, of $191,921.19. Husband shall waive his right, title and interest in this account and Wife shall retain all funds in this account. Wife owns or has an interest in a 401(k) account with Morgan Stanley, with an approximate date of separation balance of $4,969.04. Husband shall waive his right, title and interest in this account and Wife shall retain all funds in this account. Wife owns or has an interest in a pension plan, through Scottish Equitible, earned through her prior employment while living in England, with an approximate balance of $1,200.00. Husband shall waive all right, title and interest in this pension plan and Wife shall retain her interest in this account to her sole benefit. Husband shall sign any document necessary to waive his spousal interest in this account. Wife owns or has an interest in approximately 610 shares of Morgan Stanley Stock, earned through her employment with BNY Mellon Shareowner Services. These stock options have a date of separation value of approximately $16,664.00. Husband shall waive all right, title and interest in these stock options and Wife shall retain her sole interest in these stock options to her exclusive benefit. Husband shall sign whatever documents necessary to waive his interest in these stocks, purchases and rights. Wife owns or has an interest in approximately 440 shares of Discover Stock, earned through her employment with BNY Mellon Shareowner Services. These stock options have a date of separation value of approximately $6,305.59. Husband shall waive all right, title and interest in these stock options and Wife shall retain her sole interest in these stock options to her exclusive benefit. Husband shall sign whatever documents necessary to waive his interest in these stocks, purchases and rights. 8.5 Cash Checking and Savings Accounts. Husband owns or has an interest in the following accounts: a. A savings account in the UK, at Halifax with an approximate date of separation balance 11 of $9,013.01; b. A UK account held at Barclays, with an approximate date of separation balance of $4,434.29; C. A savings account with an approximate date of separation balance of $480, representing the Holiday Home Rental, LLC business account; and Husband shall retain the accounts and all funds listed above and Wife shall waive her interest in the accounts and funds listed above (a through c). In the event the parties need to close the accounts or sign documents to remove Wife's name as a joint owner of the accounts, they shall do so within 60 days of execution of this Agreement. Wife owns or has an interest in the following accounts: d. A Members First Federal Credit Union Checking and Savings Account, with a total approximate date of separation balance of $3,610.54; e. A Chase account, representing unemployment funds received, with an approximate date of separation balance of $3,754.00. Wife shall retain the account and all funds listed above (d and e) and Husband shall waive his interest in the accounts and funds listed above (d and e). In the event the parties need to close the accounts or sign documents to remove Husband's name as a joint owner of the accounts, they shall do so within 10 days of execution of this Agreement. 8.6 Tax Consequences. This Agreement has been negotiated on the assumption that, except as otherwise specifically provided for, the transfer of assets pursuant to this Paragraph will be governed by the provisions of Sections 1041 and 71(b)(1)(B) of the Internal Revenue Code and as such shall not result in the recognition of any gain or loss upon the transfer by the transferor. It also is understood by the parties that the transfer of property subject to Section 1041 of the Internal Revenue Code shall require that the 12 t transferee take the property with a tax basis equal to the adjusted tax basis that the property had in the hands of the transferor. 9. ALIMONY 9.1. Alimony Payments. Husband and Wife stipulate and agree that they have exchanged earnings information, tax records and records relating to their income, and that based upon same, it has been determined by and between the parties hereto that Wife is a fit and proper person for an award of alimony. In determining the nature, amount, and duration of said alimony, both parties hereto have made special reference to Wife's present and future earning capacity, Wife's present state of employment, the relative contribution, as well as the parties' respective medical conditions, all of which have been disclosed to each party hereto by and through their respective counsel. In addition to considering each and every element set forth in Section 3701 et seq. of Pennsylvania's Divorce Code in computing this alimony allocation, the parties have also fixed and predicated the payment of alimony upon Husband's assumption of certain ongoing debts and commitments. Commencing on July 1, 2011 and for a period of 5 years ( 60 months) thereafter, Husband shall pay to Wife as alimony for her support and maintenance the sum of TWO THOUSAND AND 00/100 Dollars ($2,000.00) per month, payable on the first business day of each month ["monthly payment"]. Such payments shall be made directly to Wife. After the 60`h payment, or commencing July 1, 2016, and continuing for a period of 1 year (12 months) thereafter Husband shall pay to Wife as alimony for her support and maintenance the sum of ONE THOUSAND AND 00/100 Dollars ($1000.00) per month, payable on the first business day of each month ["monthly payment"]. Such payments shall be made directly to Wife. This determination of alimony is contractual in nature, and is based upon Wife's waiver of interest in certain marital property rights together with Husband's assumption of the parties' former joint 13 debt. Said alimony is non-modifiable. In the event the payments from Husband to Wife are not received by the 5"' day of the month for two consecutive months, Wife has the option to file this Agreement as an Order to request a wage attachment through the local Domestic Relations office, to which Husband will not object. 9.2 Termination of Alimony Payments. Notwithstanding the provisions of subparagraphs 9. 1, the alimony payments provided for in this Paragraph shall terminate upon the first to occur of (i) Wife's remarriage; (ii) Wife's death, (iii) Husband's death, and in the case of alimony payments terminating upon Husband's death, there is no liability to make any payments as a substitute for such alimony payments; or (iv) upon Wife's cohabitation. The alimony payments provided for in this Paragraph shall be non-modifiable. 9.3 Tax Effect. This Agreement has been negotiated on the assumption that the payments described in this Paragraph shall be deductible by Husband and includible in the income of Wife. Therefore, it is the intention, understanding and agreement of the parties that the payments described in this Paragraph to the extent permitted by law shall constitute "alimony" as that term is defined in Section 71 of the Internal Revenue Code and that, accordingly, all such payments shall be includible in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. Wife must report payments received under this Paragraph in her gross income for federal and, if applicable, for local and state income tax purposes. Wife shall be solely responsible for income taxes with respect to those payments. If Wife should fail to report these payments on her tax returns as required by this Paragraph, Wife shall exonerate and indemnify Husband against and hold Husband harmless from any expenses and/or liability, including reasonable counsel and accountants' fees, arising from that failure. 14 i 10. CHILD SUPPORT: 10.1 Financial Maintenance. Husband is subject to an Agreement for support, requiring him to make a payment to Wife for the support of the minor children and wife in the monthly amount of $4,000.00. This is allocated, $2000 to Wife for spousal support and $2000 to for child support. On the date of execution of this Agreement, the parties prior support agreement dated August 20, 2010 shall be terminated and Wife shall waive arrears that are otherwise due to her, whether they had been collectible through Domestic Relations or some other proceeding, in equitable distribution or otherwise. For Wife's support and for the support of the minor children from the date of separation through June 30, 2011 that may not have otherwise been collected through the parties' formal agreement, Husband shall pay to Wife the sum of FIFTEEN THOUSAND DOLLARS AND 00/100 ($15,000.00). This sum shall be rolled over to Wife from Husband's 401(k) to an account in Wife's name, and shall be transferred to Wife pursuant to a QDRO prepared as referenced in paragraph 8.4 herein. The $15,000 shall not be taxable income to Wife. The $2,000 allocated as spousal support to Wife for the months of January 2011 through June 2011 is taxable income to Wife and tax deductible to Husband, pursuant to the spousal support Agreement of the parties dated August 20, 2010. For ongoing support, Husband shall pay to Wife for the support of their two minor children, William Thomas Steggles, born June 7, 2005, and Campbell Grace Steggles, born December 28, 2007, a payment of TWO THOUSAND DOLLARS AND 00/100 ($2,000.00) per month beginning in July 2011 and continuing for six years. This amount shall be non-modifiable by either party for any change of circumstance that either may experience for the period from July 2011 through August 1, 2017, and is based upon other agreements made by the parties included herein. Beginning August 1, 2017, Husband shall pay to Wife for the support of their two minor children, William and Campbell, a payment of TWO THOUSAND DOLLARS AND 00/100 ($2,000.00) is If per month. This amount is subject to modification. This amount shall continue until the youngest child turns 21 years of age. In the event Husband dies, all child support herein terminates. Husband shall pay these amounts directly to Wife on the first business day of each month. This Agreement supercedes the Support Agreement and Order the parties entered into dated August 20, 2010. 10.2 Health Insurance. In addition, Husband shall provide the health insurance coverage for the children's benefit, for each child through his/her 18`h birthday or high school graduation, whichever is later. At the time of execution of this Agreement, Husband provides health insurance through his employment. In the event Husband becomes unemployed and health insurance is not available to him through employment, and Wife also is unemployed without the ability to maintain health insurance coverage for the children through employment, then the parties shall be equally responsible for the cost of insurance. If Husband is unemployed but Wife is employed and has health insurance coverage through employment, Husband shall share equally the cost of the health insurance coverage Wife pays out of pocket. Wife shall pay the first $250 per year per child of unreimbursed medical expenses for the children, after health insurance is applied. The parties shall divide the remaining balance of unreimbursed medical expenses, so that Husband pays 80% of the balance and Wife pays 20% of the balance. Wife shall submit claims for reimbursement of medical expenses to Husband every six months, unless the claim for reimbursement exceeds $500.00. Unreimbursed medical expenses are expenses which shall include but not be limited to, medical, counseling, psychiatric, and therapeutic expenses. Mother and Father shall split costs of any unreimbursed dental, orthodontic, vision or eye care expense for the children, so that Husband pays 50% of the balance and Wife pays 50% of the balance after health insurance is applied. 10.3 Payments by Trust or Payments by Third Parties. 16 To the extent that either of the parties' obligations pursuant to this Paragraph are satisfied by payments from trusts or other financial instruments established for the benefit of the children custodial or similar accounts held on behalf of the children or by third parties, related to Wife or Husband or on behalf of Wife or Husband, the party to whom the donor, trust, custodian, entity or individual is related or on behalf of whom the donor, trust, entity or individual made the payment shall receive full credit against that party's obligations pursuant to the terms of this Agreement to the extent of said payment and to the extent allowed by applicable law. 10.4 Payments for College/Educational Expenses. Each minor child has an established 529 account, for educational purposes. Husband agrees to contribute to these accounts equally, in the amount of $2,000.00 to each account, for the years 2011 through 2017, only if his reported taxable income on his tax return is greater than $250,000 for that calendar year. 11. HEALTH INSURANCE FOR WIFE Husband shall provide health insurance for Wife through the date of the final divorce decree. After the date of the final divorce decree, Wife is responsible for securing her own individual health insurance coverage at her cost through COBRA or another plan she selects. If Wife determines to seek the benefit of COBRA, Husband shall cooperate by providing and signing all documents necessary so that Wife can elect that coverage separately. From the date of separation forward, each party is individually responsible for any unreimbursed medical expense he or she incurs. 12. CREDIT Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint 17 liability. 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. 13. DEBT: 13.1. Marital Debt: Husband and Wife acknowledge and agree that there are no outstanding debts and obligations which are marital or for which the other might be liable incurred prior to the signing of this Agreement. Each party shall pay for any debt listed in his or her name individually, from the date of separation, forward. In the event there are other marital debts not identified herein but discovered later, the parties agree to divide the debt equally between them. 13.2 Post Separation Debt. In the event that either party contracted or incurred any debt since the date of separation on July 1, 2009, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. 13.3 Future Debt. From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party 14. INCOME TAX 14.1 Past Returns. Each party represents that, to the best of his and her knowledge, all income tax returns and other documents required to be filed with the Internal Revenue Service and any other taxing authority for calendar year 2010 has been filed and that no notices have been received from the Internal Revenue Service or any other taxing authority which remain unresolved. Each party further represents to the other that, to the best of his or her knowledge, the information set forth in the joint tax returns filed for calendar year 2010 was and remains accurate and acknowledges that the other party relied upon such 18 Lf ? ? representations in signing those returns. Therefore, if any deficiency in federal, state, or local income tax is proposed, or any assessment of any such tax is made against either party by reason of her or his having joined in the filing of joint federal, state or local income tax returns, each party shall indemnify the other and hold them harmless from any tax, interest, penalty or expense resulting from any such tax deficiency, including reasonable counsel and accounting fees, and such tax, interest, penalty or expense shall be divided equally, unless said tax, interest, penalty or expense is finally determined to be attributable to one party's misrepresentations or failures to disclose relevant information of income on the aforesaid joint income tax returns. In that event, the party not determined to be at fault shall choose the counsel to represent the parties or themselves individually in the matter and shall have the sole right to decide whether to contest and/or to settle any such deficiency or claim. The party determined to be at fault shall be responsible for making payment for all tax, interest, penalty or expense, and reasonable counsel and accounting fees. 14.2 Future Returns. The parties agree that Husband shall be entitled to claim the parties' two minor children, William and Campbell, as tax dependents and claim all available tax exemptions, including but not limited to: head of household, dependency credit, earned income credit, dependent care assistance exclusion. Husband shall be entitled to make these tax claims for federal and state tax purposes through and including tax year 2017. Beginning with tax year 2018, the parties shall each claim one child, with Husband claiming William and Wife claiming Campbell, respectively on their tax returns for all tax dependent and tax exemption claims for so long as each child can be claimed on a return. Husband reserves the right to elect to claim Campbell as a second dependent and tax exemption on his tax return, beginning with tax year 2018. To effectuate the terms of this paragraph and to determine if Husband shall make this election, Wife shall provide a copy of her W-2 to Husband no later than March 10. Husband shall notify Wife of his intent to claim Campbell on his return for the prior tax 19 year. In the event Husband makes this election, Husband shall reimburse Wife the amount she would have received in tax credits had claimed the child as a dependent and tax exemption for the tax year, reimbursing her as of her filing status for that year. 15. COUNSEL FEES Except as otherwise provided for in this Agreement, each party shall be responsible for his or her own legal fees and expenses. 16. OBLIGATIONS NOT DISCHARGEABLE IN BANKRUPTCY The parties represent that, to the best of their knowledge, there are no bankruptcy proceedings pending involving either of the parties. The payments provided for in this Agreement are not, and are not intended to be, a debt which is affected by a discharge in bankruptcy. Therefore, those debts shall not be discharged in bankruptcy. 17. WARRANTY AS TO EXISTING AND FUTURE OBLIGATIONS During the course of the marriage, Wife and Husband have incurred certain liabilities. Each party represents, covenants and warrants that, to the best of his or her knowledge and except as specifically otherwise provided for by the terms of this Agreement, as of the date of execution of this Agreement: (a) no unpaid liabilities, remain which were incurred by him or her or on his or her behalf for which the other party may be deemed liable; (b) there are no actions, suits or proceedings pending or threatened against Husband and/or Wife or affecting any jointly held properties or rights, at law or in equity or before any federal, state, municipal or other governmental agency, nor is Wife or Husband aware of any facts which to his or her knowledge might result in any such action, suit or proceeding; (c) if any such liabilities, actions, suits or proceedings should be determined to have existed as of the date of execution of this Agreement or thereafter, the party who incurred that debt shall exonerate and indemnify the other party against and hold the other party harmless from any liability or expense, including counsel fees, incurred as a result of those liabilities; and (d) he or she shall not incur any liability whatsoever in the 20 P future for which the other party or the estate of the other party may be liable, and shall exonerate and indemnify the other party against and hold the other party harmless from any such damages resulting from such liability, including reasonable counsel fees, incurred by the other party. 18. RELEASE OF TESTAMENTARY CLAIMS Except as specifically provided for in this Agreement: (a) each of the parties shall have the right to dispose of his or her property by last Will, or otherwise, as he or she chooses, without any claim by the other party; (b) the estate of each of the parties, of whatever nature, shall belong to whoever would have been entitled to it, as if the decedent had been the last to die; (c) each party shall permit any Will of the other to be probated and allow administration upon his or her estate of whatever nature to be taken out by whoever would have been entitled to do so had Husband or Wife died during the lifetime of the other; (d) neither Husband nor Wife shall claim against or contest the Will and/or the estate of the other; and (e) each of the parties covenants and agrees for himself and herself and his or her heirs, executors, administrators and assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators, or assigns, for the purpose of enforcing any of the rights relinquished under this Paragraph. 19. MUTUAL WAIVERS AND RELEASES 19.1 Except as specifically provided for in this Agreement, this Agreement constitutes a full and final resolution of any and all claims which each of the parties ever had, now have or may have in the future against the other party and/or the estate of the other party, including, but not necessarily resulting from, their status as Husband and Wife. Therefore, except for all rights and obligations specifically arising under this Agreement, the parties each do, for themselves and for their heirs, executors, administrators, successors, and agents, hereby mutually waive, remise, release, quitclaim and forever discharge the other party and the heirs, executors, administrators, successors and agents of the other party, for all time to come and for all purposes whatsoever, of and from any and all right, title, interest, 21 cause of action and/or claim in or against the other (except for divorce), or the assets of the other, or against the estate of the other, of whatever nature (including, but not limited to, the assets identified pursuant to this Agreement as belonging to the other party, any income and/or gain from such property, and any assets of whatever nature acquired by the other party prior to or subsequent to the date of execution of this Agreement) and which he or she now has or at any time in the future may have against the other, the estate of the other or any part thereof, whether in law or in equity, whether known or unknown, matured or unmatured, and whether arising under the laws of any jurisdiction and including, but not limited to, the following: (i) out of any former acts, contracts, engagements or liabilities of such other; (ii) pursuant to inheritance, elective and/or intestate rights to the other party's estate, including, without limitation, claims for dower, curtesy, widow's or widower's rights, family exemption, a distributive share, survivor's allowance, benefits under a retirement plan, under the intestate laws, the right to take against the deceased spouse's Will, the right to treat a lifetime conveyance by the other as testamentary, and all other rights of a surviving spouse to challenge a deceased spouse's Will, challenge the other party's Will, elect to take against the other party's Will, and/or participate in a deceased spouse's estate as administrator, executor or otherwise; (iii) right to share in any retirement benefits for the other spouse, except social security; and (iv) for past, present or future support or maintenance, alimony, alimony pendente lite, property division (including, but not necessarily limited to, equitable distribution), counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, whether under the Divorce Code or otherwise. 19.2 Neither party may apply to any court for a modification of this Agreement, whether pursuant to the Divorce Code or any other present or future statute or authority. In the event that either of the parties shall nevertheless seek such a modification of this Agreement, that party shall indemnify the other party against and hold the other party harmless from any loss resulting therefrom, including reasonable counsel fees and costs. 22 and shall continue in full force and effect. The failure of any party to meet her or his obligations under any provision of this Agreement, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 23. LAW OF PENNSYLVANIA APPLICABLE The parties recognize that the laws of the Commonwealth of Pennsylvania may be modified or changed subsequent to the date of execution of this Agreement, but understand and agree that regardless of where the parties may reside or be domiciled in the future and regardless of the situs of any of the parties' real and/or personal property, this Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 24. EFFECT OF RECONCILIATION OR ATTEMPT TO RECONCILE This Agreement shall remain in full force and effect, even if the parties cohabit or attempt to reconcile. 25. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of any of the paragraphs or subparagraphs of this Agreement are inserted solely for convenience of reference, shall not constitute a part of this Agreement and, therefore, shall not affect its interpretation. 26. REFERENCE TO EXHIBITS Exhibits attached to this Agreement are an integral part of this Agreement and reference in this Agreement to those exhibits shall be as if the exhibits referred to were set forth in full. 27. ACKNOWLEDGMENT OF RECEIPT Each party acknowledges having received a fully executed original of this Agreement. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. WITNESS: 24 20. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms of this Agreement shall be valid unless in writing and signed by both parties. 21. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. No waiver of any breach or default of this Agreement shall be deemed a waiver of any subsequent default of the same or similar nature or a waiver of strict performance of any other obligations pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the terms of this Agreement shall in no way affect the right of such party to enforce those terms in the future. 21. REMEDIES IN THE EVENT OF A BREACH In the event of a breach of any of the provisions of this Agreement by one of the parties, the remedies available to the non-breaching are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories of equity, under the Divorce Code, as amended, including Section 3105 (which includes contempt), as if this Agreement had been an Order of the Court, and shall not be limited to those remedies specifically referred to in this Agreement. In the event either party breaches any provision of this Agreement, the breaching party shall exonerate and indemnify the non-breaching party and hold the non-breaching party harmless for all losses resulting from such breach, including, but not limited to, counsel fees, and costs relating to such breach, whether or not litigation is instituted. 22. SEVERABILITY If any provision of this Agreement shall be finally determined to be invalid, then only that provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid 23 I « Date Date COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of , 2011, before me, the undersigned, personally appeared ANDREW P. STEW LES, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public COMMONWEALTH OF FINNIY NOTARIAL SEAL COMMONWEALTH OF PENNSYLVANIA Barbara E. Steel, Notary Public Carlisle Borough, Cumberland County My Commission Expires June 07, 2015 COUNTY OF CUMBERLAND On this day of 2011, before me, the undersigned, personally appeared FRANCES E.S. ST S, whose name is subscribed to the within instrument, and acknowledged that she executed t 4 s me for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. QOMMONWEALTH OF PENNSYLVANIA Notarial Seal sheily Brooks, Notary Public carlisie soro, Cumberland County MY commission Expires Aug. 5, 2013 l,4emhe? opnnsomnia Assodavon of Notaries (jj'L-6hq!? otary P b is 25 F:\Clients\13722 Steggles\13722.1\13722.1.AFF PLAINT Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL901E m 3:52 MARTSON LAW OFFICES ?? 19 I.D. 29943 COUJAJ'? 10 East High Street OU pENNSYI.VANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANCES E. S. STEGGLES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-694 CIVIL ACTION - LAW ANDREW P. STEGGLES, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on January 28, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date4c' Z.2- 0(/ F \Clients\13722 Steggles\13722.1\13722.1,WAIVPLAINT FILED-OFF1 E 'NE PRO?'NONOT?.?S?" Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY FLI? PM; MARTSON LAW OFFICES { I.D. 29943 CUMBERLAND COUNT` 10 East High Street PENNSYLVANIA Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANCES E. S. STEGGLES, Plaintiff V. ANDREW P. STEGGLES, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-694 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND § 3301(d) 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 in this waiver 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. n Date: f? L, L4 ?. D Oi l FRANCES E. S. STEGGLES, P F:\Clients\13722 Steggles\13722.1\13722, l.Prae2Transmit Created: 6/1/06 8:50AM Revised: 7/14/11 4:13PM FILED-OF fiI; OF THE PROTHONCTA'RY 2011 JUL 19 PM 3: 52 Hubert X. Gilroy, Esquire CUMBERLAND COUNTY I.D. 29943 PENNSYLVANIA MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANCES E. S. STEGGLES, Plaintiff V. ANDREW P. STEGGLES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-694 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 3301(c) or 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: February 2, 2010 via service upon defendant's counsel, copy of signed and dated Acceptance of Service filed with the court is attached. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; July 1, 2011; by the Defendant; July 1, 2011. (b)(i) Date of execution of the Plaintiff's affidavit required by § 3301(d) of the Divorce code: (b)(ii) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: NONE. 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)(1)(i) of the Divorce Code: (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July /5, 2011. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July / 5 , 2011. MARTSON LAW OFFICES By l/ Hubert X. Gi roy, Esgi Ten East High Street Carlisle, PA 17013 / (717) 243-3341 Attorneys for Plaintiff Date: July /,-> , 2011 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANCES E. S. STEGGLES V. ANDREW P. STEGGLES DIVORCE DECREE AND NOW, J Li Z _ t? 1 l , it is ordered and decreed that FRANCES E. S. STEGGLES plaintiff, and ANDREW P. STEGGLES bonds of matrimony. , defendant, are divorced from the 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.") Marital Settlement Agreement dated July 1, 2011 is incorporated into this Order. NO 2010-694 By the Court. `l •a8• l1 • Cer•? aqjp, maiAd -& /}' C-7//?o-? 40-&e i rof? trai lied 7?0 h#,? a BS Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANCES E. S. STEGGLES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-694 i, ) h T CIVIL ACTION - LAW ?- ANDREW P. STEGGLES, cnt Defendant IN DIVORCE ; crf NOTICE TO RESUME PRIOR SURNAME C-, ti3 Notice is hereby given that the Plaintiff in the above matter, ; prior to the entry of a Final Decree in Divorce, fter the entry of a Final Decree in Divorce dated July 27, X 2011, hereby a or elects to resume the prior surname of Stewart, and gives this written notic e avowing her intention pursuant to the provisions of 54 P.S. 704. Date: August 2011 Frances E. S. Steggles Frances Ellen Steggles Ste 11 - 00 P 10 ATT 4 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) C*P ON380 2'? ?1.3a8(p On the day of August, 2011, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto se y hereunto s my hand and official seal. COMMONWPrL+NNgYL.VANIA (, SheW Brooks Notary Public car"* swo Cumberland co nos Notary Public mission Expims Aug. Cp?nsylvania Assodawn of Notaries PO S F! 'E" D C q.„? -r r ? ^ a 1, 8 r n 0 t f ? r?. !" ?1 Hubert X. Gilroy, Esquire I. D. 29943 Jennifer L. Spears, Esquire I.D. 87445 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ra ? k a ?. r Y! FRANCES E.S. STEGGLES, n//k/a FRANCES E. STEGGLES STEWART Plaintiff V. ANDREW P. STEGGLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-694 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE STIPULATION BY COUNSEL FOR AMENDED QUALIFIED DOMESTIC RELATIONS ORDER The parties signed a Qualified Domestic Relations Order which was entered by the Court by the Honorable J. Wesley Oler, Jr. on December 2, 2011. Counsel for the Plaintiff and counsel for the Defendant hereby stipulate that the attached Amended Qualified Domestic Relations Order may be entered as an Order of Court. The Amended Order corrects the name of the Plan from Fidelity IRA to Risk and Insurance Management Society, Inc. 401(k) Profit Sharing Plan. .[?Ivao Jehnifer L. Spears, Esquire MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff --*0j4j Marylou Vitas, Esquire SAIDIS SULLIVAN & ROGERS 26 W. High Street Carlisle, PA 17013 (717) 243-6222 Attorneys for Defendant 7 FRANCES E.S. STEGGLES, n//k/a FRANCES E. STEGGLES STEWART Plaintiff V. ANDREW P. STEGGLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-694 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER SOCIAL SECURITY COVER SHEET For the preservation of privacy, it is the practice of this office not to disclose Social Security Numbers in public court documents whenever possible, particularly where court documents are more commonly becoming available to access on-line. Federal law has been enacted to address some of these concerns, but State law has not yet brought historical practice into accordance with recent financial and health information privacy laws. Typically, Qualified Domestic Relations Orders require the inclusion of Social Security Numbers in order to properly identify the Participants and Alternate Payees in a particular Plan. This Qualified Domestic Relations Order will be circulated only among the parties and the Plan Administrator, unless requested by the Court or otherwise directed by the parties or the Plan Administrator. Therefore, I request that the Qualified Domestic Relations Order attached hereto be signed as an Order but not docketed for public viewing by the Prothonotary. Respe9tfully submitted: 1 Jen fe L. Spears, Esquire I. D. 87445 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 1 Hubert X. Gilroy, Esquire I. D. 29943 Jennifer L. Spears, Esquire I . D. 87445 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANCES E.S. STEGGLES, : nHk/a FRANCES E. STEGGLES STEWART Plaintiff V. ANDREW P. STEGGLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-694 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED QUALIFIED DOMESTIC RELATIONS ORDER This cause came before the Court for entry of a Qualified Domestic Relations Order as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any successor statute thereto (the "Code"). As the terms of this Order have been stipulated and agreed to by the parties, and the Court has been fully advised thereof, IT IS HEREBY ORDERED AS FOLLOWS: 1. Background. This Order pertains to the Risk and Insurance Management Society, Inc. 401(k) Profit Sharing Plan (hereinafter referred to as the "Plan") with Fidelity; is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA, as amended. This Order relates to the 2 equitable division of marital property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 3. Definitions. As used in this Order, the following terms shall apply: a. "Participant" shall mean Andrew Steggles, whose current address is 4615 North Park Avenue, Apt. 1008, Chevy Chase, MD 20815, whose Social Security Number is XXX-XX-XXX (deleted on original) and whose date of birth is 1/14/70. Attorney: Marylou Matas, 26 W. High Street, Carlisle, PA 17013. b. "Alternate Payee" shall mean Frances E. Steggles Stewart, whose current address is 365 Walnut Street, Carlisle, PA 17013, whose Social Security Number is XXX-XX- XXX (deleted on original) and whose date of birth is 7/14/71. Attorney: Jennifer L. Spears, Esquire, 10 E. High Street, Carlisle, PA 17013. C. "Administrator" shall mean the Plan Administrator for retirement plan. 4. Assignment to Alternate Payee. The Alternate Payee (who is the former spouse of the Participant) is awarded and assigned the following from Participant's plan account (Account No. XXXXX; Plan No. 03981): $86,000.00. Any outstanding loans shall be treated or allocated as follows: Participant shall continue to make payment on any outstanding loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. 5. Commencement of Assigned Benefits to Alternate Payee. The Alternate Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as administratively practicable following the Administrator's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. Upon Alternate Payee's request for an immediate distribution, as soon as administratively feasible after the date this Order is determined to be a QDRO by the Plan Administrator, the Plan shall distribute Alternate Payee's interest in a single lump sum payment to Alternate Payee's Individual Retirement Account with Merrill Lynch: 3 Account No. XXXXXX. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. In the event Alternate Payee does not request an immediate distribution, as soon as administratively feasible after this Order is determined to be a QDRO by the Plan Administrator, the Alternate Payee's interest shall be separated from the Participant's interest in the account and will be held by the Plan in a separate account for the Alternate Payee until Alternate Payee's request for distribution. Such separate account will be credited with its allocable share of the income and losses of the Plan but shall not be credited with any future contributions or forfeitures. Alternate Payee shall have the same ability to designate the investment of the amounts in the separate account as the Participant would otherwise have had with respect to those amounts. In accordance with the Plan, as soon as administratively feasible after Participant's Normal Retirement, death or termination of employment, or at such earlier time as Alternate Payee may request in writing, the Plan shall distribute the amount in Alternate Payee's separate account to Alternate Payee in a single lump sum payment directly or, at the direction of the Alternate Payee, to an Individual Retirement Account. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. 7. Death of Participant. The death of the Participant, either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 8. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's beneficiary, or if no beneficiary has been designated, then to his estate. 4 b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 9. Taxes. For purposes of Sections 402(a)(2) and 72 of the Internal Revenue Code, any Alternate Payee who is the former spouse of the Participant shall be treated as the distributee 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. The Alternate Payee shall have the right to roll over the benefits distributed to him pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account. Subject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax-free rollover of the benefits distributed. 10. Continuing Interests. From the date of this Order and thereafter, except as provided herein, the Alternate Payee shall have no further right or interest in any portion of Participant's Plan benefits. From the date of this Order and thereafter, except as provided herein, the Participant shall have no further right or interest in any portion of the Plan benefits which are assigned to the Alternate Payee pursuant to this Order. 11. Costs for Implementation. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 100% of the costs. Any surrender charges incurred on the portion transferred to Alternate Payee shall be paid by the Alternate Payee. 12. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan, as now or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 5 13. Limitations. This order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law, rule, regulation, or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; C. Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. 14. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication, of the Plan. 15. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order. Date BY THE COURT: Judge 6 Hubert X. Gilroy, Esquire I.D. 29943 Jennifer L. Spears, Esquire I.D. 87445 MARTSON LAW OFFICES Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FRANCES E.S. STEGGLES, : n//k/a FRANCES E. STEGGLES STEWART Plaintiff V. ANDREW P. STEGGLES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-694 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AMENDED QUALIFIED DOMESTIC RELATIONS ORDER This cause came before the Court for entry of a Qualified Domestic Relations Order as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any successor statute thereto (the "Code"). As the terms of this Order have been stipulated and agreed to by the parties, and the Court has been fully advised thereof, IT IS HEREBY ORDERED AS FOLLOWS: 1. Background. This Order pertains to the Risk and Insurance Management Society, Inc. 401(k) Profit Sharing Plan (hereinafter referred to as the "Plan") with Fidelity; is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA, as amended. This Order relates to the 2 equitable division of marital property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 3. Definitions. As used in this Order, the following terms shall apply: a. "Participant" shall mean Andrew Steggles, whose current address is 4615 North Park Avenue, Apt. 1008, Chevy Chase, MD 20815, whose Social Security Number is XXX-XX-XXX (deleted on original) and whose date of birth is 1/14/70. Attorney: Marylou Matas, 26 W. High Street, Carlisle, PA 17013. b. "Alternate Payee" shall mean Frances E. Steggles Stewart, whose current address is 365 Walnut Street, Carlisle, PA 17013, whose Social Security Number is XXX-XX- XXX (deleted on original) and whose date of birth is 7/14/71. Attorney: Jennifer L. Spears, Esquire, 10 E. High Street, Carlisle, PA 17013. C. "Administrator" shall mean the Plan Administrator for retirement plan. 4. Assignment to Alternate Payee. The Alternate Payee (who is the former spouse of the Participant) is awarded and assigned the following from Participant's plan account (Account No. XXXXX; Plan No. 03981): $86,000.00. Any outstanding loans shall be treated or allocated as follows: Participant shall continue to make payment on any outstanding loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. 5. Commencement of Assigned Benefits to Alternate Payee. The Alternate Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as administratively practicable following the Administrator's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. Upon Alternate Payee's request for an immediate distribution, as soon as administratively feasible after the date this Order is determined to be a QDRO by the Plan Administrator, the Plan shall distribute Alternate Payee's interest in a single lump sum payment to Alternate Payee's Individual Retirement Account with Merrill Lynch: 3 Account No. XXXXXX. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. In the event Alternate Payee does not request an immediate distribution, as soon as administratively feasible after this Order is determined to be a QDRO by the Plan Administrator, the Alternate Payee's interest shall be separated from the Participant's interest in the account and will be held by the Plan in a separate account for the Alternate Payee until Alternate Payee's request for distribution. Such separate account will be credited with its allocable share of the income and losses of the Plan but shall not be credited with any future contributions or forfeitures. Alternate Payee shall have the same ability to designate the investment of the amounts in the separate account as the Participant would otherwise have had with respect to those amounts. In accordance with the Plan, as soon as administratively feasible after Participant's Normal Retirement, death or termination of employment, or at such earlier time as Alternate Payee may request in writing, the Plan shall distribute the amount in Alternate Payee's separate account to Alternate Payee in a single lump sum payment directly or, at the direction of the Alternate Payee, to an Individual Retirement Account. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. 7. Death of Participant. The death of the Participant, either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 8. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's beneficiary, or if no beneficiary has been designated, then to his estate. 4 b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 9. Taxes. For purposes of Sections 402(a)(2) and 72 of the Internal Revenue Code, any Alternate Payee who is the former spouse of the Participant shall be treated as the distributee 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. The Alternate Payee shall have the right to roll over the benefits distributed to him pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account. Subject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax-free rollover of the benefits distributed. 10. Continuing Interests. From the date of this Order and thereafter, except as provided herein, the Alternate Payee shall have no further right or interest in any portion of Participant's Plan benefits. From the date of this Order and thereafter, except as provided herein, the Participant shall have no further right or interest in any portion of the Plan benefits which are assigned to the Alternate Payee pursuant to this Order. 11. Costs for Implementation. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 100% of the costs. Any surrender charges incurred on the portion transferred to Alternate Payee shall be paid by the Alternate Payee. 12. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan, as now or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 5 13. Limitations. This order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law, rule, regulation, or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; C. Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. . 14. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication, of the Plan. 15. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order. f1% Da e f denn fifer L . ?, 829 Mari lov MaJas, EsoL C BY THE COURT: rn rng! Vi ? Judge 12, 3r.- G t? o? COP', 11 14,11 Iw 6 -um Q° 3 C)C-) C)--4M c.n ' x-