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04-4982
IAClient Directory\Altieri-I\Pleadings\Divor-,e Pleadings\Divorce Complaint.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff LAUREN ALTIERI, Plaintiff V. DAVID LEBER, M.D., Defendant September 29, 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 044 - 14 °2 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Defendant. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1AChent Directory\Altieri-I\Pleadings\Divoree Pleadings?Divorce Complainewpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff LAUREN ALTIERI, Plaintiff V. DAVID LEBER, M.D., Defendant September 29, 2004 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CA - q9 FL CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Lauren Altieri, who has resided at 331 East Meadow Drive, Cumberland County, Pennsylvania, for the last thirteen (13) years. 2. Defendant is David C. Leber, M.D., who has resided at 331 East Meadow Drive, Cumberland County, Pennsylvania, for the last thirteen (13) years. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 2, 1990, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. IAClient DirectogMltieri-]Tleadings\Divorce PleadingsUvorce Complaint.wpd September 30, 2004 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. 9. Plaintiff avers that there are no children of the parties under the age of eighteen (18). COUNT I - DIVORCE 10. The Plaintiff avers that the grounds on which the action is based are as follows: a. That the marriage is irretrievably broken; and, b. That Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable. COUNT II - EQUITABLE DISTRIBUTION 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. COUNT III - ALIMONY, ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 12. Plaintiff lacks sufficient property to provide for her reasonable needs. 13. Plaintiff is unable to sufficiently support herself through appropriate employment. NClient DirectoryUllteri-lTleadings\Divorce PleadingsDivorce Complaintmpd September 29, 2004 14. Defendant has sufficient income and assets to provide continuing support for the Plaintiff. 15, By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 16. Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 17. Plaintiffs income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 18. Defendant has adequate earnings to provide for the Plaintiffs support and to pay her counsel fees, costs and expenses. WHEREFORE, Plaintiff requests this Honorable Court: a. enter a decree in divorce; b. equitably distribute all property, both personal and real, owned by the parties; C. compel the Defendant to pay alimony pendente lite to Plaintiff; d. grant Plaintiff's attorney's fees and costs; C. compel the Defendant to pay alimony to Plaintiff; 1AClient DirectoryWltieri-I\Pleadings\Divor.e PleadingsDivorce Complaint.wpd September 29, 2004 f. grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: September 30, 2004 By: MARIA P. VOGNEM ESQUIRE Attorney I.D. No. 2)W 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, Lauren Altieri, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn verification to authorities. Date: 9b©lc 7 4eALTIE ?J _(? r r ? a ? C C 4 _ L\Client Directory\Altieri-1\Pleadings\Divorce Pleadings\Petition for APL Conferencempd October 4, 2004 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff LAUREN ALTIERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID LEBER, M.D., Defendant NO. 04-4982 CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE ]LITE ,CONFERENCE AND NOW comes Lauren Altieri, Plaintiff herein, by and through her counsel, Maria P. Cognetti, and files the following Petition for Alimony Pendente Lite, and in support thereof, avers as follows: Plaintiff is Lauren Altieri, an adult individual currently residing at 4 Spokane Lane, Branchburg, NJ 08876. 2. Defendant is David Leber, M.D., an adult individual currently residing at 331 East Meadow Drive, Mechanicsburg, PA 17055. 3. A Divorce Complaint was filed in this matter on October 1, 2004. 4. The above-referenced Divorce Complaint contained a count for Alimony, Alimony Pendente Lite, Attorney's Fees and Costs. Plaintiff believes and therefore avers that a conference should be scheduled by the Cumberland County Domestic Relations Section to address the issue of alimony pendente lite. l:\Client Directory\Altieri-]\Pleadings\Divorce PleadingsTetition for APL Conferencempd October 4, 2004 6. Plaintiff has completed the DRS Attachment for APL Proceedings and attached it hereto as Exhibit "A." Concurrently with the filing of this Petition, Plaintiff has filed a Complaint for Support with the Cumberland County Domestic Relations Section seeking spousal support. WHEREFORE, Plaintiff respectfully requests that a conference be scheduled by the Cumberland County Domestic Relations Section at which time both alimony pendente lite and spousal support will be addressed. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: October 4, 2004 By: MARIA P. COQ NF TI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 1.7011 Telephone No. (717) 909-4060 Attorney for Plaintiff I:\Client Directory\Altieri-I\Pleadings\Divorce Pleadings\DRS Attachment.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 October 1. 2004 Attorneys for Plaintiff LAUREN ALTIERI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID LEBER, M.D., Defendant NO. CIVIL ACTION - LAW IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME LAUREN ALTIERI ADDRESS 4 SPOKANE LANE, BRANCHBURG, NJ 08876 BIRTH DATE /21/56 SOCIAL SECURITY NUMBER 044-50-5665 HOME PHONE 908-685-0312 WORK PHONE 908-203-1010 X102 EMPLOYER NAME HELIX MEDICAL COMMUNICATIONS EMPLOYER ADDRESS 1200 ROUTE 22 EAST, BRIDGEWATER, NJ JOB/TITLE POSITION ASSOCIATE MEDICAL DIRECTOR DATE EMPLOYMENT COMMENCED 2/16/04 GROSS PAY TO BE PROVIDED AT CONFERENCE NET PAY TO BE PROVIDED AT CONFERENCE OTHER INCOME NCE - - TO BE AT CONFE O E I { EY'S NAME TI, ESQQ ARIA P. GN M CO UIRE C\Client Directory\Altieri-1Nleadings\Divorce Pleadings\DRS Attachmentwpd October 1, 2004 ------_.--_ ATTORNEY'S ADDRESS ---- ---- --- -------------------------------- 210 GRAND 1 W AVENUE ?- ----------- ---------- 1 1 , STE 102, CAMP HILL ? , PA 17011 ATTORNEY'S PHONE NUMBER - ------------------------------------ ------------------- - ----- 717-909-4060 - ---- ------------- RESPONDENT - ----------_- -- NAME F----- ----- DAVID LEBER M D ADDRESS , . . --------__ r--------------------------- BIRTH DAT -_-- 331 EAST MEADOW DRIVE, MECHANICSBURG, PA 17055 --- -------------- E - -- 7/14/40 --- ---{ SOCIAL SECURITY NUMBER t--- --- 182-32-2329 -----! HOME PHONE ---- 717 697-1529 -----? WORK PHONE j- 717-233-4691 -_l EMPLOYER NAME i -------------------------------------- I LEBER & WOLF PLASTIC SU --- RGERY LTD. (SELF EMPLOYED) - EMPLOYER ADDRESS -- _--- -------------------- * - 1 2807 NORTH FRONT STREET ------------------------ , HA PA 17110 RRISBURG, --- JOB TITLE/POSITION --- y ----------- PLASTIC SURGEON DATE EMPLOYMENT COMMENCED 1978 - GROSS PAY ------ ---------------- -- NETPAY ------- -- UNKNOWN --i------ -------------- - L OTHER INCOME ----------- ------ - ----__----- ' ?-_---------- - UNKNOWN ATTORNEY'S NAME -- -- -- - ----- UNKNOWN ------- -- --------- - ATTORNEY'S ADDRESS r--- '-- ---------- ------ ---------------------- ATTORNEY'SPHONE --- NUMBE i UNKNO WN ------------------- J---- R -- -- ------- UNKNOWN ------------------------------------- 1:\Client Directory\Altieri-I\Pleadings\Divome Pleadings\DRS Attachmentwpd October 1, 2004 MARRIAGE INFORMATION ------------------- j DATE OF MARRIAGE 6/2/90 PLACE OF MARRIAGE --- ----- - -- MECHANICSBUF;G, PA i DATE OF SEPARATION --------------------- 9/8/04 ADDRESS OF LAST MARITAL HOME j DESCRIPTION OF DOCUMENT - RAISING APL CLAIM --- - -- - ------------ DATE APL DOCUMENT FILED 331 EAST MEADOW DRIVE, MECHANICSBURG, PA 17055 DIVORCE COMPLAINT ----------- 10/1/04 - I:\Client Directory\Altieri-1\Pleadings\Divorce Pleadings\Petition for APL Conferencempd October 4, 2004 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Plaintiff herein, do hereby certify that on this date I served the foregoing Petition for Alimony Pendente Lite by depositing a true and exact copy thereof in the United States mail, certified, return receipt number 7002 0510 0003 6465 6669, addressed as follows: David Leber, MD 331 E. Meadow Drive Mechanicsburg, PA 17055 MARIA P. COGNETTI & ASSOCIATES Date: October 4, 2004 By: MARIA WCOGP Attorney I.D. No. 210 Grandview .Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff r-, ?, -- ?:, ?? ,; .,.. lY C] ?...? z „ .y _?_ 7 YI ! ?, _: ? .J a") ? -? r : _r ?. :,. ) ?'? C ? '? _' "- "] `?.f MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff LAUREN ALTIERI, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID LEBER, M.D., Defendant NO. 04-4982 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE; AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of the Divorce Complaint was served upon the Defendant by certified mail, return receipt requested, on the 9`" day of October, 2004. The original signed return receipt, number 7002 0510 0003 6465 6652, is attached hereto and made a part hereof. Date: October 13, 2004 By: MARIA P. COGNETTI & ASSOCIATES MARIA P. COGP VTI, ESQUIRE Attorney I.D. No. 7914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. ('117) 909-4060 Attorney for Plaintiff °m SENDER: D • Complete items 1 and/or 21or additional services. w Complete items 3, 4a, and 41b. • Pnnl your name and address on the reverse of this form so that we can return this card to you. or on the back if space does not 0 • Attach this form to the front of the mailpiece, permit. . The "Return et will show on the mailpiece below the article number. 41 • The Return Receipt will show to o whom the article was delivered and the he dale delivered. 4a. Article I also wish to receive me following services (for an extra fee): ai 1. ? ddressee's Address R u 2 estdcted Delivery 2 4% Consult postmaster for fee. m a 3. Article Addressed to. M 7002 510 i,'j ?;; Qtbk 4b. Service Type n ?Re' 33 E?i D? CY ?l1 \ 1 L J??r?? _ urn Receipt i ? ID 11 * ! dress e 5. Received By: (Print Name) n e is is ai 6. Signatur ( ddressee or A ant o X r 10259 -eei?izzs D< 2 PS Form 3811, December 1994 0003 6465 6652 ertified ? Insured c bD res5 (only N,nmosted r f ? c ?:? <`-` - ___ ?' 1 r. c::, - 1'? ?': ?^ ,,;. -- ;. ?. 1, ?.. r' 3, `_ COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND, SS: LAUREN ALTIERI, ) IN THE COURT OF COMMON PLEAS OF PLAINTIFF ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) NO. 2004 - 4982 CIVIL TERM DAVID LEBER, M.D., ) CIVIL ACTION - LAW DEFENDANT ) IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant David Leber, M.D.,moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The plaintiff has appeared in this action by her attorney, Maria P. Cognetti, Esquire. 3. The statutory grounds for divorce are §3301(c). 4. The action is not contested. An agreement has been reached with respect to the following claims: The action is contested with respect to the following claims: Divorce, Alimony, Alimony Pendente Lite, Distribution of Property, Counsel Fees, Costs and Expenses. 5. The action involves complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: Date: Donald T. Kissinger, Esquire Attorney for Defendant AND NOW, , 2007, _ master with respect to the following claims: BY THE COURT: Esquire is appointed J. ?..-,a ,.. _ _. - -, ; _,.? _.. iii ±? .... ?,?9 f ..t? ?? '? COMMONWEALTH OF PENNSYLVANIA 2 2 200 o4/ COUNTY OF CUMBERLAND, SS: LAUREN ALTIERI, ) IN THE COURT OF COMMON PLEAS OF PLAINTIFF ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) NO. 2004 - 4982 CIVIL TERM DAVID LEBER, M.D., ) CIVIL ACTION - LAW DEFENDANT ) IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant David Leber, M.D.,moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a master is requested. 2. The plaintiff has appeared in this action by her attorney, Maria P. Cognetti, Esquire. The statutory grounds for divorce are §3301(c). 4. The action is not contested. An agreement has been reached with respect to the following claims: The action is contested with respect to the following claims: Divorce, Alimony, Alimony Pendente Life, Distribution of Property, Counsel Fees, Costs and Expenses. The action involves complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motion: f udiii; Date: z : .... tT Donald T. Kissinger, Esquire Attorney for Defendant .1 2007, , Esquire is appointed AND NOW, master with respect the following claims: BY T OU T: C,? J. cv - , cv. ;_ --_t r? u r-s LAUREN ALTIERI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-4982 CIVIL TERM DAVID LEBER, : CIVIL ACTION -LAW Defendant : IN DIVORCE PLAINTIFF'S PRE-TRIAL STATEMENT Lauren Altieri, Plaintiff, by and through her attorney, Maria P. Cognetti, Esquire, files the following Pre-Trial Statement: TABLE OF CONTENTS 1. Background Information II. Listing of Marital Assets and Debts III. Listing of Personal Property IV. Listing of Non-Marital Assets V. Pensions VI. Income and Expenses VII. Counsel Fees and Costs VIII. Expert Witnesses IX. Non-Expert Witnesses X. Listing of Proposed Exhibits XI. Proposed Resolution Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: August 31, 2007 By: 4fA ' A MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 I. BACKGROUND INFORMATION A. PARTIES HUSBAND NAME David Leber, M.D. ADDRESS 331 East Meadow Drive, Mechanicsburg, PA 17055 AGE 67 DATE OF BIRTH July 14, 1940 PLACE OF BIRTH York County, PA SOCIAL SECURITY NUMBER 182-32-2329 HEALTH Excellent EMPLOYER Leber & Wolf Plastic Surgery OCCUPATION Plastic surgeon LENGTH OF RESIDENCY IN PA Unknown EDUCATIONAL BACKGROUND Medical Doctor WIFE NAME Lauren Altieri ADDRESS 4 Spokane Lane Branchburg, NJ 08876 AGE 51 DATE OF BIRTH July 21, 1956 PLACE OF BIRTH Waterbury, CT SOCIAL SECURITY NUMBER 044-50-5665 HEALTH Excellent EMPLOYER Bristol Myers Squibb OCCUPATION Associate Medical Director LENGTH OF RESIDENCY IN PA 23 Years EDUCATIONAL BACKGROUND Ph.D. in Nursing B. CHILDREN NAME AGE ? DATE OF BIRTH I CUSTODIAN INONE C. MARRIAGE INFORMATION DATE OF MARRIAGE June 2, 1990 PLACE OF MARRIAGE Mechanicsburg, PA DATE OF SEPARATION September 10, 2004 CIRCUMSTANCES OF SEPARATION Irretrievable breakdown and indignities D. PRIOR MARRIAGE WIFE Yes HUSBAND Yes E. CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES WIFE NONE HUSBAND Two (Emancipated) F. PROCEEDINGS INFORMATION DATE ACTION COMMENCED October 1, 2004 DATE OF SERVICE OF COMPLAINT October 9, 2004 MANNER OF SERVICE OF COMPLAINT Certified Mail ISSUES RAISED IN DIVORCE COMPLAINT Divorce, Equitable Distribution, Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses DATE AMENDED COMPLAINT FILED N/A ISSUES RAISED IN AMENDED COMPLAINT N/A 3 DATE OF FILING OF ANSWER AND/OR COUNTERCLAIM N/A ISSUES RAISED IN COUNTERCLAIM N/A BIFURCATION N/A PREVIOUSLY RESOLVED ISSUES N/A II. MARITAL ASSETS AND DEBTS The following is a listing of the marital assets and debts of the parties: ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION l.A Mechanicsburg, $355,900.00 $355,900.00 Value at DOS; PA originally purchased for $263,900.00 2.A 2003 Lexus $17,400 $17,400 Value per ES300 NADA as of 7/30/07 2.13 2003 Toyota 1 $12,400 $12,400 Value per Camry NADA as of 7/30/07 3.A Citizen's Bank $146,471.70 $146,471.70 Value as of Checking date of 610076-657-8 separation 3.B Citizen's Bank $0.00 $0.00 Value as of Checking 12/3/04 610078-868-7 4.A None. ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION 5.A 24,400 shares of $9,760.00 $9,760.00 Cell-Bio- Systems stock 6.A. Monitor Group $0.00 $0.00 Life Insurance 6.B. Bristol-Myers $0.00 $0.00 Squibb Company Life Insurance 7.A. MetLife Annuity $232,323.33 $232,323.33 7.B. Morgan Stanley $89,885.02 $89,885.02 Annuity Value as of 5/27/06 Term Policy Term Policy equal to two times annual salary Value as of 6/30/06 Value as of 10/13/06. 8.A. Morgan Stanley $29,380.30 $29,380.30 Value as of IRA Rollover 9/30/06 Account 8.B. TIAA CREF $43,005.07 $43,005.07 Value as of 6/30/06 8.C. TIAA CREF $13,006.63 $13,006.63 Value as of 6/30/07 8.D. Citizens Bank $3,555.94 $3,555.94 Value as of IRA 2/17/06 8.E. Morgan Stanley $102,343.96 $102,343.96 Value as of Asset Account 6/30/07 5 ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION 8.F. Fidelity $50,912.43 $50,912.43 Value as of Investments 6/30/07 Retirement Account 8.G. Leber & Wolf $2,043,809.12 $2,043,809.12 Value as of Plastic Surgery, 7/31/06 Ltd. Profit Sharing Account 8.11. Morgan Stanley $101,550.76 $101,550.76 Value as of IRA Rollover 6/30/07 9.A. Leber & Wolf $82,125.00 $82,125.00 Increase in Plastic Surgery, value per Ltd. BSSF 11/30/05 Valuation ism Report 10.A. Revocable Trust IO.B. Restated 2nd Amended Revocable Trust: Abundance $1,020,021.83 $1,020,021.83 As of 3/18/07 Account Fidelity Account $543,925.49 $543,925.49 As of 9/30/04 Provident $31,081.40 $31,081.40 As of 3/31/06 Mutual Life Insurance 11.A. Various Unknown Unknown Kitchenware I I.B. Lenox China $800 $800 ITEM DESCRIPTION TOTAL HUSBAND'S WIFE'S COMMENTS NO. VALUE POSSESSION POSSESSION 11.C. Crystal Lenox $200 $200 stemware 11.D. Household UNKNOWN UNKNOWN furniture purchased during marriage 11.E. Bed UNKNOWN UNKNOWN Brought into marriage by wife I LF Kitchen Table UNKNOWN UNKNOWN Brought into marriage by wife 12.A. Lien against ($65,966.20) ($65,966.20) Balance as of Mechanicsburg 10/7/04 Property 123 Mortgage on ($48,209.59) ($48,209.59) Balance as of Mechanicsburg 12/31/05 Property 12.A Terry Roberts ($6,500) ($6,500) Debt incurred by Terry Roberts 123 GM Credit Card ($597.87) ($597.87) Balance as of #0973 9/20/04 III. LISTING OF PERSONAL PROPERTY ITEMS RETAINED BY WIFE DESCRIPTION VALUE Misc. household items Unknown Lenox China $800 Lenox Stemware $200 ITEMS RETAINED BY HUSBAND DESCRIPTION VALUE Marital Residence $355,900 Bed Unknown Kitchen Table Unknown Household furniture Unknown IV. LISTING OF NON-MARITAL PROPERTY The following is a listing of the non-marital assets of the parties: No. Description Basis of Exclusion Owner 1. Lenox dishes Acquired prior to Wife marriage 2. Residence at 4 Spokane Acquired post- Wife Lane, Branchburg, NJ separation 8 V. PENSIONS The following is a listing of the pensions of the parties: PARTY DESCRIPTION Husband See Section II.A. Wife See Section II.A. VI. INCOME AND EXPENSES The following is a listing of the income and expenses of the parties: PARTY DESCRIPTION AMOUNT Husband Gross Monthly Income Unknown Net Monthly Income Unknown Monthly Expenses Unknown Wife Gross Monthly Income $10,017.84 Net Monthly Income $5,456.12 Monthly Expenses $4791.33 9 VII. COUNSEL FEES The following is a listing of the counsel fees and expenses incurred, or to be incurred by the parties: PARTY DESCRIPTION DATES AMOUNT Husband Counsel Fees Unknown Costs Unknown Anticipated Fees and Costs Unknown Wife Counsel Fees 09/04-08/07 $12,327.50 Costs 09/04-08/07 $3,625.77 Anticipated Fees and Costs $10,000 - $15,000 VIII. EXPERT WITNESSES The following is a listing of the anticipated experts who will be called to testify in this case: NAME SUBJECT TO TESTIMONY A Business Appraiser- As to value of Leber & Wolf, Ltd. Bruce Brown Principal Brown, Schultz, Sheridan & Fritz Additional experts who may be called to testify are not known at this time. If such additional experts are retained, Plaintiff reserves the right to call them as witnesses upon proper notification to Defendant. 10 IX. NON-EXPERT WITNESSES NAME SUBJECT TO TESTIMONY Lauren Altieri, as of direct History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. David Leber, MD., as of cross History of the marriage; identification and valuation of marital assets and debts; other relevant testimony relating to the factors set forth in the Divorce Code. Additional witnesses who may be called to testify are not known at this time. If such additional witnesses are identified, Plaintiff reserves the right to call them as witnesses upon proper notification to Defendant. X. LISTING OF PROPOSED EXHIBITS The following is a listing of Exhibits which are anticipated to be submitted at the hearing in this case: NO. DESCRIPTION 1 Documents illustrating outstanding mortgage on Mechanicsburg home at DOS 2 Documents supporting valuation of vehicles 3 Statements from checking accounts 4 Statements from IRA Accounts 5 Statements from Revocable Trust Account 6 Statements from Annuity Accounts 7 Valuation report of Leber & Wolf Plastic Surgery, Ltd. 8 Statements from Dr. Leber's profit sharing plan If additional exhibits are identified, Plaintiff reserves the right to submit additional exhibits upon proper notification to Defendant. 11 XI. PROPOSED RESOLUTION A. EQUITABLE DISTRIBUTION - The marital estate should be distributed 60/40 in favor of Wife. B. ALIMONY C. COUNSEL FEES AND COSTS - Husband should pay wife's counsel fees in the amount of $25,000.00 Respectfully Submitted: MARIA P. gTNETTI & ASSOCIATES Date: August 31, 2007 By: ' V VV M A OGNET I, ESQUIRE Attorney I.D. No. 27914 KRISTOPHER T. SMULL, ESQUIRE Attorney I.D. No. 69140 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff 12 Y ij* r 1 Lauren B. Altieri Plaintiff VS. DEC 1 1 Zooq IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM David C. Leber, M.D. NO. 04-4982 Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under §401(a) of the Internal Revenue Code of 1986, as amended ("Code"). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502. 3. This QDRO applies to the Leber & Banducci Plastic Surgery, Ltd. Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. David C. Leber, M.D. ("Participant") is a participant in the Plan. Lauren B. Altieri ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: David C. Leber, M.D. 331 East Meadow Drive Mechanicsburg, PA 17055 Social Security #: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Lauren B. Altieri 4 Spokane Lane Branchburg, NJ 08876 Social Security #: See Addendum Date of Birth: See Addendum QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $757,059.89 of the Participant's total vested account balance accumulated under the Plan as of August 31, 2009, calculated before the addition of the employer contribution receivable for the plan year ending July 31, 2009. The Alternate Payee's award under this paragraph shall be adjusted for any investment income or losses experienced by the Participant's account from August 31, 2009, until December 10, 2009. The Alternate Payee's distribution shall be taken from the Participant's account on a pro-rata basis with respect to any employer contribution, rollover or other source of funds credited to the Participant's account. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute the amount designated in Paragraph 7 of this QDRO as soon as administratively feasible following December 10, 2009, with the Alternate Payee's distribution amount being calculated based upon the market value of the Participant's account as of the close of such date. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to alternate payees under the terms of the Plan, including, but not limited to, a lump sum cash payment and/or rollover to another eligible retirement plan. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. QDR`O Page 3 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this Order is a QDRO, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. QDRO Page 4 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this /I,/ day of 20-al . BY THE COURT Judge CONSENT TO ORDER: C, QA?MP W3101 P i€ t?articipant Date : t4310,; Attorney for Pi Date Participant ?/off 9 ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to the Plan Administrator Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to the Plan Administrator when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: David C. Leber Address: 331 East Meadow Drive Mechanicsburg, PA 17055 SSN: 182-32-2329 Date of Birth: July 14, 1940 Alternate Payee Information Name: Lauren B. Altieri Address: 4 Spokane Lane Branchburg, NJ 08876 SSN: 044-50-5665 Date of Birth: July 21, 1956 Participant Attorney's Information Name: Donald T. Kissinger, Esq. Address: Howett, Kissinger & Holst, P.C. 130 Walnut St., P.O. Box 810 Harrisburg, PA 17108 Phone Number: (717) 234-2616 Alternate Pavee Attorney's Information Name: Maria P. Cognetti, Esq. Address: Cognetti & Associates 210 Grandview Ave., Suite 102 Camp Hill, PA 17011 Phone Number: (717) 909-4060 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Williams Coulson, Attorneys at Law Attn: Donna L. Wolfson, QPA, QKA 1 Gateway Center 420 Fort Duquesne Blvd., 16th Floor Pittsburgh, PA 15222 RE: Leber & Banducci Plastic Surgery, Ltd. Profit Sharing Plan FILED -c!: 2009 DEC 15 All 8: 3 2 r VI =1 rnaIL, 44-,? a A44ty 'b. r m ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREN ALTIERI, Plaintiff ) V. ) DAVID C. LEBER, M.D., ) Defendant ) NO. 04-4982 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on October 1, 2004. 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 12 0( 1410 David C. Leber, Defendant RLEO--OlffiCE OF THE PP^711'-? IOWY 2009 DEC 18 IOM 12: 59 11 S. LAUREN ALTIERI, Plaintiff VS. DAVID LEBER, M.D., Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 4982 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this g,&-# day of , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated September 3, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, 004;10L Edg cc: ZMaria P. Cognetti Attorney for Plaintiff ff-s rng t . Bayley, P.J. ? Donald T. Kissinger Attorney for Defendant Oc ?? ?r. tj .;.i " 1 ?, ??? 1 ???9 ?. ?. ?, ?; }y+ ??' _ ,? ., ... k Y. r (j4 MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN DAVID C. LEBER AND LAUREN B. ALTIERI Donald T. Kissinger, Esquire HOWETT, KISSINGER & HOLST, P.C 130 Walnut Street P.O. BOX 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for David C. Leber Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone: (717) 692-2345 Counsel for Lauren B. Altieri MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT is made this ,? day of & 2009, by and between DAVID C. LEBER, of Cumberland County, Pennsylvania, and LAUREN B. ALTIERI, of WITNESSETH: County, New Jersey; WHEREAS, David C. Leber, M.D. (hereinafter referred to as "Husband") was born on July 14, 1940, and currently resides at 331 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania; WHEREAS, Lauren B. Altieri (hereinafter referred to as "Wife") was born on July 21, 1956 and currently resides at 4 Spokane Lane, Branchburg, New Jersey 08876; WHEREAS, the parties hereto are husband and wife, having been lawfully married on June 2, 1990 in Mechanicsburg, Pennsylvania; WHEREAS, the parties have lived separate and apart since on or about September 10, 2004; WHEREAS, no children were born from the marriage; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as. between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. Each party acknowledges he or she has had the opportunity to receive independent legal advice from counsel of his or her selection (Donald T. Kissinger, Esquire for Husband and Maria P. Cognetti, Esquire for Wife). Each party fully understands the facts and his or her legal rights and obligations, and each party acknowledges and accepts this Agreement is, in the circumstances, fair and equitable; it is.being entered into freely and voluntarily; the execution of this Agreement is not the result of any duress or undue influence; and it is not the result of any improper or illegal agreement or agreements. In addition, each party understands the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed . individually by the other, counsel fees and costs of litigation and, fully knowing the same, each party hereto still desires to execute this Agreement, acknowledging the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each party warrants he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage and, thus, any divorce action with respect to these parties shall be limited to a claim for no-fault divorce only. The parties acknowledge that, on October 1, 2004, Wife initiated a divorce action under, inter alia, the no-fault provisions of the Divorce Code by filing a complaint docketed at No. 04-4982 Civil Term in the Court of Common Pleas of Cumberland County. The parties acknowledge the ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code has expired. Therefore, contemporaneously with the execution of this Agreement, each party will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife who shall submit all documents to the Court necessary to precipitate the prompt entry of the divorce decree once all funds have been transferred to Wife pursuant to this Agreement. 4 5. EQUITABLE DISTRIBUTION. Husband and Wife specifically intend to effectuate an equitable distribution of their marital estate so as to afford Wife fifty-five percent (55%) of the total estate calculated in accordance with the list of "fixed" and "non-fixed" value assets attached hereto as Exhibit "A," and incorporated herein by reference thereto, which list specifically excludes Husband's Leber & Banducci Plastic Surgery, Ltd. Profit Sharing Plan. Said benefits are specifically addressed separately in paragraph 5(g), infra. The parties agree that, when calculating Wife's fifty-five percent (55%) share and distributing the assets, their attorneys shall value the "non-fixed" assets as of August 31, 2009. When establishing the marital value of Husband's Metlife Annuity, his Morgan Stanley IRA, and his Citizens Bank IRA, the August 31, 2009 value of each shall be reduced by Twelve Thousand Five Hundred Dollars ($12,500.00), Eleven Thousand Nine Hundred One Dollars ($11,901.00) and Two Thousand Six Hundred Sixty-One Dollars ($2,661.00) respectively to account for non-marital components of each. When establishing the marital value of Wife's Morgan Stanley IRA, the August 31, 2009 value shall be reduced by Fourteen Thousand Dollars ($14,000.00) to account for non-marital components. In affording Wife her fifty-five 'Percent (55%) share of the estate, Wife will receive the assets in her possession, or previously received, and the balance shall be distributed to her in the form of the entirety of Husband's Metlife Annuity and his Hartford Annuity each valued as of August 31, 2009, with the remainder paid in cash. (a) Marital Residence. The parties acknowledge they are the titled owners, as tenants by the entireties, of that certain house and lot and all improvements thereupon situated at 331 East Meadow Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as the "Marital Residence'). The parties agree as follows with respect to the Marital Residence: (1) Husband shall become the sole and exclusive owner of the Marital Residence and shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Marital Residence. Wife shall, contemporaneously with the execution of this Agreement, execute a deed transferring all of her right, title and interest in the Marital Residence to Husband. (2) Wife agrees that, as of the date of-execution of this Agreement, any and all title policies and any other policies of insurance with respect to the Marital Residence shall be endorsed to reflect Husband as sole owner thereof and further.agrees Husband shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Husband shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the Marital Residence, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which may be incurred in connection with such liabilities and expenses. 6 (b) New Jersey Property. The parties acknowledge that, during marriage, Wife acquired an ownership interest in that certain house and lot and all improvements thereupon situated at 4 Spokane Lane, Branchburg, New Jersey (hereinafter referred to as the "New Jersey Property"). The parties agree as follows with respect to the New Jersey Property: (1) Wife shall remain the sole and exclusive owner of the New Jersey Property and shall be permitted to take any action with respect thereto she deems appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest he may have in and to the New Jersey Property, and he shall execute a Quit Claim deed in favor of Wife upon her request. (2) Husband agrees that, as of the date of execution of this Agreement, and to the extent applicable, any and all title policies and any other policies of insurance with respect to the New Jersey Property shall be endorsed to reflect Wife as sole owner thereof and further agrees Wife shall be entitled to receive any payments now or hereafter due under any such insurance policies. (3) Wife shall be solely responsible for all costs, expenses and liabilities associated with or attributable to the New Jersey Property, including, but not limited to, any mortgages, any and all home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and repairs, and Wife shall keep Husband and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which may be incurred in connection with such liabilities and expenses. 7 (c) Furnishings and Personalty. (1) The parties agree they have divided by agreement between themselves all furnishings and personalty located in the Marital Residence and the New Jersey Property, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. (2) Except as otherwise set forth herein, Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of the personalty and furnishings remaining in the Marital Residence. (3) Except as otherwise set forth herein, Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, all of the personalty and furnishings remaining in the New Jersey Property. (d) Husband's Medical Practice. (1) The parties acknowledge Husband is a fifty percent (50%) shareholder in Leber & Banducci Plastic Surgery, LTD., formally known as Leber & Wolf Plastic Surgery, LTD (hereafter "Medical Practice"), located at 2807 North Front Street, Harrisburg, PA 17110. The parties further acknowledge Husband acquired his interest in the Medical Practice prior to marriage. Wife agrees Husband shall retain his interest in the Medical Practice as his sole and separate property and shall be permitted to take any action with respect thereto he deems appropriate. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim and interest she may have in and to the Medical Practice, Husband's shareholder interest therein, its cash accounts, and any and all equipment of fixtures owned by the business except as otherwise provided for herein. 9 (2) Husband agrees to be solely responsible for any and all debts, liens, encumbrances, costs or liabilities associated with or attributable to his shareholder interest in the Medical Practice and further agrees to hold Wife and her successors, assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including reasonable attorneys' fees, which may be incurred in connection with the Medical Practice. (e) Motor Vehicles. (1) Husband agrees Wife shall retain possession of, and receive as her sole and separate property, any and all automobiles currently titled in her sole name or in her possession, including, but not limited to, the 2003 Lexus ES300 automobile, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicles belonging to Wife by virtue of this subparagraph. (2) Wife agrees Husband shall retain possession of, and receive as his sole and separate property, any and all automobiles titled in his sole name or in his possession, including, but not limited to the Toyota Camry, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness.pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any and all liability, cost or expense, including reasonable attorneys' fees, incurred in connection with any vehicles belonging to Husband by virtue of this subparagraph. 9 (3) The parties agree that, to the extent necessary, they will cooperate in effectuating the transfer of titles and insurance to accomplish the purposes of this subparagraph. (f) Life Insurance. The parties acknowledge and agree each shall retain as his or her sole and separate property, any and all life insurance policies in his or her name, free of any right, title and interest of the other party. (g) Pension and Retirement Benefits. Except as specifically set forth below, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all retirement benefits (including, but not limited to, pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party, including, but not limited to, Husband's Leber & Banducci Plastic Surgery, Ltd. Profit Sharing Plan, his TIAA-CREF retirement, Wife's TIAA-CREF retirement, and each other's IRAs and annuities, specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree they 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 purposes of this subparagraph. Notwithstanding the above, the parties acknowledge Husband presently has retirement benefits through his Medical Practice, which is referred to as the Leber & Banducci Plastic Surgery, Ltd. Profit Sharing Plan. The parties agree Wife shall receive, as her sole and separate property, free of any and all right, title, claim and interest of Husband, 55% of the marital value of the account as of August 31, 2009, calculated pursuant to the formula herein, plus any interest, 10 dividends, earnings or losses thereon that may accrue from August 31, 2009 until the date of tax free rollover pursuant to a Qualified Domestic Relations Order ("QDRO"). Said QDRO shall be prepared by Conrad M. Siegel, Inc., with the parties equally responsible for the costs thereof. It is specifically intended said transfer shall be a tax free rollover into a qualified retirement account designated and maintained by Wife. Once the transfer is complete, Wife shall be solely responsible for any and all costs, expenses, taxes or liabilities associated with or attributable to the money in her retirement account. The formula for calculating Wife's share of Husband's interest in the Leber & Banducci Plastic Surgery, Ltd. Profit Sharing Plan is as follows. The total pooled value of the Leber & Banducci Plastic Surgery Ltd. Profit Sharing Plan as of August 31, 2009 shall be reduced by 6.38% to eliminate consideration of the contributions for all plan participants made in December 2008. The resultant sum shall then be multiplied by eighty-three percent (83%) to arrive at Husband's total entitlement from the pooled value as of August 31, 2009. Said total entitlement includes both marital and non-marital components. The marital portion of Husband's total entitlement shall be sixty-three percent (63%) of Husband's total entitlement. Wife's share of the marital portion of Husband's total entitlement shall be fifty-five percent (55%) thereof. Furthermore, the parties acknowledge that Husband presently maintains an interest in a Metlife Annuity, contract # 3200575189; and a Hartford Annuity, Contract #712100193. The parties agree Wife shall receive, as her sole and separate property,- free of any and all right, title, claim and interest of Husband, the entire balance of Husband's Metlife Annuity and his Hartford Annuity, the value of each shall be established as of August 31, 2009, which transfer shall occur via tax free rollover pursuant to a Qualified Domestic Relations Order ("QDRO"), if necessary. 11 Said QDRO shall be prepared by Conrad M. Siegel, Inc., with the parties equally responsible for the costs thereof. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest he may have in and to both the Metlife Annuity and the Hartford Annuity following transfer to Wife. Once the transfer is complete, Wife shall be solely responsible for any and all costs, expenses, taxes or liabilities associated with or attributable to the money in the annuity. (h) Cash Accounts, Stocks and Investments. (1) Wife agrees Husband shall retain, as his sole and separate property, free of any and all right, title, claim or interest of Wife, any and all cash accounts, stocks and investments titled in Husband's sole name, including, but not limited to, his shares in Cell-Bio Systems, Inc. and his Citizens Bank account. Wife hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein except as otherwise provided herein. (2) The parties acknowledge that, during marriage, they maintained a joint Citizens Checking account, #8687, which account Husband continued to have access to following separation. Wife agrees Husband shall retain said account as his sole and separate property, and Wife hereby waives, relinquishes and releases any and all past, present or. future right, title, claim or interest in and to said checking account and the monies contained therein. 12 (3) Husband agrees Wife shall retain, as her sole and separate property, free of any and all right, title, claim or interest of Husband, any and all cash accounts, stocks and investments titled in her sole name, including, but not limited to, her Morgan Stanley account. Husband hereby waives, relinquishes and releases any and all past, present or future right, title, claim or interest in and to said cash accounts, stocks and investments and the monies contained therein. (i) Husband's Trusts. The parties acknowledge that, during marriage, Husband established two (2) trusts, on which his children are named beneficiary. The first is the "Revocable Trust dated October 21, 1996," (hereafter "Revocable Trust") and the second is the "Irrevocable Trust dated March 8, 1996" (hereafter "Husband's Trust"). Except as provided for herein, Wife hereby waives, relinquishes and releases any and all past, present or future right; title, claim or interest in and to the Revocable Trust and Husband's Trust including, but not limited to, any marital interests in the corpus of the trusts or the right to be named as beneficiary under either trust. In valuing the marital component of Husband's Revocable Trust, the parties will first determine the gross value as of August 31, 2009 by reference to a statement to be provided by Abundance Wealth Counselors, LLC as of closing on August 31, 2009. The post-separation contributions of Two Hundred Eighty Thousand Dollars ($280,000.00) made by Husband shall be deducted from the gross value to arrive at marital value. However, in the event that the gross value as of August 31, 2009 exceeds Nine Hundred Fourteen Thousand Two Hundred Eighty One Dollars and Fifty-Seven Cents ($914,281.57), then thirty-one percent (31%) of the excess over Nine Hundred Fourteen Thousand Two Hundred Eighty One Dollars and Fifty-Seven Cents 13 ($914,281.57) shall be added to the Two Hundred Eighty Thousand Dollars ($280,000.00) to yield the adjusted value of post-separation contributions and then the adjusted value of the post- separation contributions must be deducted from the gross value to calculate marital value. In the event that the gross value as of August 31, 2009 is less than Nine Hundred Fourteen Thousand Two Hundred Eighty One Dollars and Fifty-Seven Cents ($914,281.57), then thirty-one percent (31 %) of the shortfall under Nine Hundred Fourteen Thousand Two Hundred Eighty One Dollars and Fifty-Seven Cents ($914,281.57) shall be deducted from the Two Hundred Eighty Thousand Dollars ($280,000.00) to yield the adjusted value of the post-separation contributions, and then the adjusted value of the post-separation contributions must be deducted from the gross value to calculate marital value. The marital value shall then be included in the calculation of the Total Estate Exclusive pursuant to paragraph 50) hereinafter. (j) Cash Payment. Husband agrees he shall pay to Wife, as and for equitable distribution, a lump sum representing the remainder of Wife's fifty-five percent (55%) asset distribution from the "fixed" and "non-fixed" assets identified on Exhibit "A" after considering the assets in Wife's possession and her receipt of the entirety of both Husband's Metlife Annuity and his Hartford Annuity. Said lump sum cash payment shall be calculated by first computing the total sum of all assets (fixed and non-fixed) set-forth on Exhibit "A" to arrive at the total estate exclusive of Leber and Banducci Plastic Surgery, Ltd. Profit Sharing Plan (hereinafter "Total Estate Exclusive") and then multiplying said sum by fifty-five percent (55%) to arrive at "Wife's entitlement to the Total Estate Exclusive." The values of the fixed assets in Wife's possession (the advance to Wife, Lexus automobile, TIAA-CREF and Morgan Stanley CMA), the August 31, 2009 value of Wife's non-fixed asset (Morgan Stanley IRA) and the entire 14 August 31, 2009 values of Husband's Metlife Annuity and Hartford Annuity shall be added together to yield the portion of the Total Estate Exclusive in Wife's possession. Husband's lump sum cash payment to Wife shall represent the difference between "Wife's entitlement to the Total Estate Exclusive" and the portion of the Total Estate Exclusive in Wife's possession. The required lump sum shall be paid to Wife no later than twenty-eight (28) days following the date of execution of this Agreement. Husband hereby waives, releases and relinquishes any and all past, present or future right, title, claim or interest he may have in and to said lump sum equitable distribution payment including any subsequent property Wife may acquire therewith. (k) Miscellaneous Property. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (1) Propegy to Wife. The parties agree Wife shall own, possess, and enjoy, free from any claim of husband; the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts. relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 15 (m) Properly to Husband. The parties agree Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (n) Liability not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. (o) Indemnification of Wife. If any claim, action or proceeding is' hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorneys' fees incurred by Wife in connection therewith. 16 (p) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to costs of court and reasonable attorneys' fees incurred by Husband in connection therewith. (q) Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including reasonable attorneys' fees, incurred in the event of breach hereof. 6. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SUPPORT SUPPORT. Husband and-Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being understood the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Accordingly, Wife 17 shall, within ten (10) days of the date of execution of this Agreement, take all steps necessary to notify the Cumberland County Domestic Relations Office that her entitlement to alimony pendente lite terminates absolutely as of August 31, 2009, and Wife shall take all steps necessary to formally terminate the existing order as of that date. Said alimony pendente lite order is docketed at number 00917-5-2004, PACSES Case Number 928106793. 7. MEDICAL INSURANCE COVERAGE. Effective the date of execution of this Agreement, neither party shall have any obligation to provide medical insurance coverage on the other party. 8. COUNSEL FEES COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 18 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to §3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for inAhis Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any. claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this 19 Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now.. existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, courtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a 20 lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 21 15. BREACH. If either party hereto breaches any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees reasonably incurred in the enforcement of the rights of the non-breaching party. 16. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 17. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Husband will be sufficient if made or addressed to the following: David C. Leber 331 East Meadow Drive Mechanicsburg, PA 17055 and to Wife, if made or addressed to the following: Lauren B. Altieri 4 Spokane Lane Branchburg, NJ 08876 Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 22 18. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 19. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 20. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. 21. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 23 23. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 24. ENTIRE AGREEMENT. Each party acknowledges he or she has carefully read this Agreement; he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 25. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorneys' fees, costs, and other expenses reasonably incurred as a result of such failure. 26. AGREEMENT NOT TO BE MERGED. This Agreement may be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. 24 IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ZWITiNiESS WITNESS 25 COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared DAVID C. LEBER known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thist day of Su--5k , 2009. tit ?-x:. l??t,?,? Notary Public in anfor Commonwealth of Pennsylvania Typed or printed name of Notary: My commission expires: COMMONWEALTH OF PENNSYLYANIA NOTARIAL SEAL DONNA) . KNISELY NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRE APRIL 28 12 26 STATE OF NEW JERSEY `'? -' i COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared LAUREN B. ALTIERI known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of A-, 2009. Notary Public in and for State of New Jersey Typed or printed name of Notary: ,60; I- -? j . 1^), vC'l l t,-? My commission expires: It i 15,1 ' .? DOUGLAS J. MICHAELS NOTARY PUBLIC OF NEW JERSEY My Commission Expires September 15, 2013 27 Exhibit A Marital Assets (excluding ep nsion) Fixed Assets: Asset Marital Residence (H) Advance to Wife (W) Lexus Automobile (W) Cell Bio Systems Stock (H) Medical Practice (H) Citizens Bank Cash (H) Joint Citizens Account (H) TIAA-CREF (H) TIAA-CREF (W) Morgan Stanley CMA (W) Non-Fixed Assets: Asset Revocable Trust (H) MetLife Annuity (H) Hartford Annuity (H) Morgan Stanley IRA (H) Morgan Stanley IRA (W) Citizens Bank ERA (H) Value $380,000.00 $ 70,000.00 $ 17,400.00 $ 3,500.00 $ 82,125.00 $147,000.00 $ 990.00 $ 25,122.00 $ 13,007.00 $ 59,296.00 Value The value of these assets shall be "fixed" as of August 31, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREN ALTIERI, ) Plaintiff ) V. ) DAVID C. LEBER, M.D., ) Defendant ) NO. 04-4982 CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on October 1, 2004. 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: 2 ,r L'?P,-NTj?'\ ?FtiRI %r THE: s , 2699 DEC 22 AN 10: 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREN ALTIERI, ) Plaintiff ) V. ) DAVID C. LEBER, M.D., ) Defendant ) NO. 2004 - 4982 CIVIL TERM 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail on October 9, 2004; Affidavit of Service filed October 15, 2004. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, December 18, 2009; by defendant, December 17, 2009. 4. Related claims pending: All claims resolved by Marital Settlement Agreement dated September 3, 2009. 5. Date plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: December 18, 2009. ZZZ Date: Donald T. issinger, Esquir HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant David C. Leber, M.D. FlEtD C 2039 UEC 22 AO, IT LAUREN ALTIERI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID C. LEBER, M.D. NO 2004 - 4982 CIVIL TERM DIVORCE DECREE AND NOW, -ACc,? 7-7- , Zoo' _, it is ordered and decreed that LAUREN ALTIERI plaintiff, and DAVID C. LEBER, M.D. defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. It is further ordered, adjudged and decreed that the terms, provisions and conditions of the Marital Settlement Agreement between the parties dated 9/3/09 are incorporated in this Decree in Divorce by reference as fully as if the same were set forth herein at length. Said Agreement shall not merge with but shall survive this Decree in Divorce. p By the Court, Attest ] J. rothonotary 340 a 4 *te?'