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Home My WebLink About05-0158 , ' Jeffrey A. Keiter, J. D. Sup. Ct. 1.0. #15966 Attorney for the Plaintiff 226 West Chocolate Avenue Hershey, PA 17033 717.533.8889 WILLIAM WINTON WARREN, JR. ) Plaintiff ) ) ) ) ) ) ) vs. COURT OF C~N PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS -J~t c,uLY~ LINDA DIANE WARREN Defendant CIVIL ACTION - LAW NOTI CE TO DEFEND AND CLAIM RI GBTS You, LINDA DIANE WAlUU!:N, have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER' S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAD THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFF! CE SET FORlB BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 (717) 249-3166 Jeffrey A. Keiter, J. D. Sup. Ct. I. D. #15966 Attorney for the Plaintiff 226 West Chocolate Avenue Hershey, PA 17033 717.533.8889 WILLIAM WINTON WARREN, JR. } Plaintiff ) ) ) ) } } ) vs. COURT OF COMMON PLEAS OF CUMBERLAND COON'l'Y, PENNSYLVANIA No. OS - IKf Clv~L ~V2.-YVl LINDA DIANE WARREN Defendant CIVIL ACTION - LAW COMPLAINT IN DIVORCE AND NOW, this~~day of ~ V Mt.)~ , 20~ comes the Plaintiff, William Winton Warren, Jr., by his attorney, Jeffrey A. Keiter, J. D., and files this Complaint against Linda Diane Warren, as follows: 1. The Plaintiff is William Winton Warren, Jr. (Soc. Sec. No. 216-58-7313), an adult individual who currently resides at 324 East Main Street, Mechanics burg, Cumberland County, Pennsylvania 17055. 2. Defendant is Linda Diane Warren, a/k/a Linda B. (Brown) Warren (Soc. Sec. No. 30Q-44-7189), an adult individual who currently resides at 5000 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendants are, and have been, bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of the original Complaint for divorce. 4. The Plaintiff and Defendant were married on August 24, 1974, in Bethesda, Maryland. 5. The parties are the parents of two adult children born of this marriage. 6. There have been no prior actions for divorce or annulment of marriage between the Parties commenced in this or any other jurisdiction. 7. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. 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. COUNT I [Divorce pursuant to S 3301( c)] 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of the original Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT :II: [ Divorce pursuant to Section 3301( d) ] 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12 The parties have lived separate and apart from one another since January 15, 2002. WHEREFORE, if either party files an affidavit pursuant to Section 3301(d) of the Divorce Code the averments of which the other party as admitted or failed to deny, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COtJN'1' III [ Equi tab1e Distribution pursuant to S3502( a) ] 13. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 15. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 16. Plaintiff requests that the Court equitably divide, distribute or assign the marital property between the parties. WBEBEFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the ~:;;:. fJ Jeffrey A. Kei r, Sup::e:le Court 1. D. 226 ,~&t C~ocolate HerShey, PA 17033 (717) 533-8889 Attorney for Plaintiff ""'. ~... WILLIAM WINTON WARREN, JR. ) Plaintiff ) ) ) ) ) ) ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANrA vs. No. LINDA DIANE WARREN Defendant CIVIL ACTION - LAW VERIFI CATION I verify that the statements made in this COMPLAINT IN DIVORCE 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: A"J j 200 ~ ~~, '. t~~l-L~,-> t ..'" ,,~ . (' /0 (::) IT '"iQ. ,....., 0 ~ l ......... 0 c::..) C c.:::l "1 #- () ~ ....a ~_. t;:. <:..f'1 --t C) D C- ::L." ):~"'SI- nlp ... f->-;-; -::\""' ........ ~ (] . ...- -0 rTi ~ ---.;, ---. 66 ~ .....:1 g c.'.~ ~ , 0 '40 - ~,.: , i ___.. W ~ , :::;,: ;~.-*~i t'-:; -"" C3;T' ~ c (::) ~ r ~ ~ -\ ~ :::~\ '}~:; C:~ ~.~-l .< ~ -< -P J ... ~ Cf '" Jeffrey A. Keiter, J. D. Sup. Ct. 1. D. #15966 Attorney for the Plaintiff 226 West Chocolate Avenue Hershey, PA 17033 717.533.8889 WILLIAM WINTON WARREN, JR. ) Plaintiff ) ) vs. ) ) LINDA DIANE WARREN ) Defendant ) ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. OS - Is-I Ci,,,{ '-r-~ CIVIL ACTION - LAW NOTICE TO THE DEFENDANT. IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MOST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT BAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFfiDAViT ONDER SECTX ON 3301( d) OF THE DXVORCE CODE 1. The parties to this action separated on January 15, 2002, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. DATE: I(~ -- , 200 ~ l~L~L~ Wi11i_ Winton Warref" -, .~ . /~;3 -~ (") c; l'-' ~~~:~ c....>" '-- ~c C) -n .-4 -r-n rllp "T:l lil -'-10 (')h -'.-( :~; ;~:~ 'i;;~ " , ~:- .f o :t;~ :Jo. S~? o ..1::- "r-_ t-._ ~ Lori K. Serratelli, Esquire Pa. Supreme Court 10 No. 27426 Cara A. Boyanowski, Esquire Pa. Supreme Court 10 NO. 68736 Serratelli, Schiffman, Brown and 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff Calhoon, P.C. WILLIAM WINTON WARREN, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-158 CIVIL TERM CIVIL .ACTION - LAW LINDA DIANE WARREN, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Cara A. Boyanowski, Esquire, attorney for the Defendant in the above-captioned matter, hereby certify that I accept service of the Complaint in Divorce and Notice to the Defendant/Affidavit Under Section 3301 (d) of the Divorce Code filed in the above captioned matter on January 10, 2005. Coco A. ,oy~W1~ SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Rd., Ste 201 Harrisburg, PA 17110 (717) 540-9170 \-\~-05 Date Received !~. , '-,i r' ' ,--:,.; Lori K. Serrate IIi, Esquire Pa. Supreme Court ID No. 27426 Cara A. Boyanowski, Esquire Pa. Supreme Court ID NO. 68736 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff WILLIAM WINTON WARREN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05-158 CIVIL TERM : CIVIL ACTION B LAW LINDA DIANE WARREN, 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 grOlmd for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previa aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELFONO A LA OFIClNA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 WILLIAM WINTON WARREN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-158 CIVIL TERM : CIVIL ACTION B LAW LINDA DIANE WARREN, Defendant : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE WITH COUNTERCLAIlVIS AND NOW, comes the Defendant, Linda Diane Warren, through her attorneys, Serratellie Schiffman Brown & Calhoon, P.C. and files this Answer to Complaint in Divorce under Section 3301(c) or 3301(d) of the Divorce Code With Counterclaims, ,md sets forth the following: COUNT I [Divorce pursuant to Section 33lJl(c)) 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Defendant has no knowledge as to truth of the averment set forth in Paragraph Eight (8) of the Divorce Complaint. 9. No answer is deemed necessary to Paragraph Nine (9). 10. The averment set forth in Paragraph Ten (10) is a conclusion of law to which no answer is deemed necessary. WHEREFORE, if both parties file affidavits consenting to the divorce after ninety (90) days have elapsed from the date of the filing of the original Complaint, Defendant respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT II [Divorce pursuant to Section 3301(d)j II. No answer is deemed necessary to Paragraph Eleven (11). 12. Admitted. WHEREFORE, if either party files an affidavit pursuant to Section 330 I (d) of the Divorce Code the averments of which the other party as admitted or failed to deny, Defendant respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III [Equitable Distribution pursuant to Section 3502(a)j 13. No answer is deemed necessary to Paragraph Thirt,een (13). 14. Admitted. 15. Admitted. 16. The averment set forth in Paragraph Sixteen (16) is a conclusion oflawto which no answer is deemed necessary. WHEREFORE, Defendant respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) ofthe Divorce Code. COUNTERCLAIMS COUNT IV ALIMONY 17. Paragraphs I through 16 of the Divorce Complaint, filed on January 10,2005, are incorporated herein by reference as though set forth in full. 18. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 19. Defendant requires reasonable support to adequarely maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony in her favor. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 20. Paragraphs 1 through 16 of the Divorce Complaint, filed on January 10,2005, are incorporated herein by reference as though set forth in full. 21. Plaintiff earns in excess of Two Hundred Fifty Thousand ($250,000.00) dollars gross per year, and has assets which have not yet been ascertained. 22. Defendant has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 23. Defendant is unable to sustain herself during th,~ course of this litigation. WHEREFORE, Defendant requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. I verifY that the statements made in this Answer to Complaint In Divorce under Section 3301(c) or 3301(d) ofthe Divorce Code With Counterclaims are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. S4904 relating to unsworn falsification to authorities. By: ~'uJl(t U ~L- Linda Diane Warren, Defendant Date: l/oll 105 , BY:OM~~auJ3~ Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 20 I Harrisburg, PA 17110 (17) 540-9170 Attorney for Defendant o 7J71 ~ ~~ ~ ~ --.l ~ l:: \) ~ C ::t:>C> ~~ ~E -L ....., C,;:) :::~ '- :1::l'" % N '_n -", :x t;? C) "'"1 :1!'TI rl' f~-"~ rq I CJ T, '-q ("-J ;'n r.......) Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Cara A. Boyanowski, Esquire Pa. Supreme Court ID NO. 68736 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Plaintiff WILLIAM WINTON WARREN, JR., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-158 CIVIL TERM : CIVIL ACTION B LAW LINDA DIANE WARREN, Defendant : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER &3301(d) OF THE DIVOR.CE CODE 1. Check either (a) or (b): L (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because Check (I), (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two (2) years. (ii) The marriage is not irretrievably broken. 1 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before <, divorce is granted. .1L (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If! fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verifY that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. Date: /; 5/a-5 ! I c 1 /) ;1 c. \1~1JfI i/;t!ilu~ UIAM( ~ne Warren, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT 2 , ) "'::1'\ -n r-;-..' ~u \ (,~ ..n c c:-) Cf' - Jeffrey A. Keiter, J.D. Sup. Ct. 1.0. #15966 Attorney for the Plaintiff 226 West Chocolate Avenue Hershey, PA 17033 717.533.8889 WILLIAM WINTON WARREN,JR.) Plaintiff ) ) ) ) ) ) ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-158 CIVIL TERM LINDA DIANE WARREN Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT [pursuant to Section 3301(d)] 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 10, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after having executed and filed with the Prothonotary a Waiver of Notice substantially in the form set forth in Rule 1929.72 (c) of the Pennsylvania Rules of Civil Procedure. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subj ect to the penal ties of 18 .. /:;. :^'4i .--\ -..,- ~- 1 1 \...::,....... c ," t' Jeffrey A. Keiter, J.D. Sup. Ct. 1.0. #15966 Attorney for the Plaintiff 226 West Chocolate Avenue Hershey, PA 17033 717.533.8889 WILLIAM WINTON WARREN,JR.) Plaintiff ) ) vs. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-158 CIVIL TERM LINDA DIANE WARREN Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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 of Notice to Request Entry of a Divorce Decree under ~ 3301(c) of the ~ i' Divorce Code are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Dated: ~ 2-1.-. ,2006 William ~t ..., r~.".) ,~ ' . , :-::l ~i10 \, .,~ c- t ~ Jeffrey A. Keiter, J.D. Sup. Ct. I.D. #15966 Attorney for the Plaintiff 226 West Chocolate Avenue Hershey, PA 17033 717.533.8889 WILLIAM WINTON WARREN,JR.) Plaintiff ) ) ) ) ) ) ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-158 CIVIL TERM LINDA DIANE WARREN Defendant CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT [pursuant to Section 3301(d)] 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 10, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after having executed and filed with the Prothonotary a Waiver of Notice substantially in the form set forth in Rule 1929.72 (c) of the Pennsylvania Rules of Civil Procedure. I verify that the statements made in this Affidavit of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 ,. i .. Pa.C.S.A. ~ 4904 relating to unsworn falsification to authorities. DATE: ~r 2. 2. ,2006 i?~~~~~ar!;l~ 3r ;lKA ~ cI ~~;:j) lad 2J~ f-~"), \..'::,\ - -- c- I .t4 Jeffrey A. Keiter, J.D. Sup. Ct. 1.0. #15966 Attorney for the Plaintiff 226 West Chocolate Avenue Hershey, PA 17033 717.533.8889 WILLIAM WINTON WARREN,JR.) Plaintiff ) ) vs. ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 05-158 CIVIL TERM LINDA DIANE WARREN Defendant CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a Final Decree of Divorce without further 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 of Notice to Request Entry of a Divorce Decree under 5 3301(c) of the J t J ... Divorce Code are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsifications to authorities. Dated: ~,] 2 ,2006 cfv,~ JJ(dAd !U~ Linda Diane Warren An'~ rJ~vt a)~ t~ '.,j .~ '-II __1 '-..':...~ t, .. . AGREEMENT Between WILLIAM W. WARREN Jr. Jeffrey A. Keiter, Esq. Counsel for William W. Warren and LINDA B. WARREN Lori Karen Serratelli, Esq. Counsel for Linda B. Warren Page 1 of 51 ~ ... TABLE OF CONTENTS 1 . EFFECT OF DIVORCE DECREE.................................................................................... 6 2 . AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE................................................................................................................................... ........ 7 3. DATE OF EXECUTION .................................................................................................... 7 4 . DISTRIBUTION DATE .................................................................................................... 8 5. ADVICE OF COUNSEL .................................................................................................... 8 6. PURPOSE AND INTENT OF AGREEMENT................................................................... 9 7 . VEHICLES... ............................ ...... .............. .................... ............. ............. ........... ....... .....1 0 8. THE HUSBAND'S CONVEYANCE TO THE WIFE OF INTEREST IN RES I DEN CE................................................................................................................................. .12 9. EXPENSES OF MARITAL RESIDENCE, TAXES, ETC. ......................................13 10. THE HUSBAND'S OBLIGATION TO SERVICE OF MORTGAGE OBLIGATIONS; INDE'Mlfl I FI CA. T ION ........... ............. ..... ...................... .... ........ ....... ...... ....... ........ ........... .............13 11 . DISCHARGE OF THE WIFE; REFINANCING..........................................................15 12. THE WIFE'S CONVEYANCE TO THE HUSBAND OF INTEREST IN CO~RCIAL PROPERTY. ... ........... .............. ...... ...... .............. ...... ...................... ... ..................15 13. EXPENSES OF CO~RCIAL PROPERTY, TAXES, ETC. ..................................17 14. THE HUSBAND'S OBLIGATION FOR SERVICE OF MORTGAGE OBL I GA T IONS ; IND~ IFI CA.TI ON ....... ........... ...................... ...... .................... ........... ...... .17 15. DISCHARGE OF THE WIFE; REFINANCING..........................................................19 16. INCOME TAX ...................................................................................................................19 17. THE WIFE'S RETIREMENT ACCOUNTS AND PLANS...........................................20 18. THE HUSBAND'S IRA ACCOUNT............................................................................... 21 19. THE HUSBAND'S 401 (k) PLAN ...............................................................................21 20 . DENTAL PARTNERSHIP. .......................... ...... ............................................ ............. ...... 26 21 . LIFE INSURANCE................................. .................................................... ........... .......... 2 7 22 . BANK ACCOUNTS......... ..................................... ................ .................... ...... ............. .... ... 2 7 23. THE WIFE'S O!A. ACCOUNT ......................................................................................28 24. WEST SHORE COUNTRY CLUB MElrfBERSHIP..........................................................28 Page 2 of 51 ~ 6. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. AFTER -ACQUIRED PROPERTy.................................................................................... 29 TAX CONSEQUENCES....... ........ ...................................................................................... 29 AL IMONY .......................................................................................................................... 29 MODI FI CATION. ................ ........ ...................... .............. ...... .................................. ........ 30 TAX CONSEQUENCES. .. ....... ..... ............ .................................................... ...... .............. 33 FILING TAX RETrJRNS. ......................... ...................................... ............. ...... ..... .......33 JOINT RETrJRNS .......... ...... ...... ................... ...... .... .................... ...... .......................... .....33 MEDICAL INSURANCE; PREMIUMS; DENTAL SERVICES. ...............................35 UNREIMBURSED MEDICAL EXPENSES. ...................................................................35 COUNSEL FEES AND EXf'ENSES ...............................................................................36 EXISTING AND FUTURE PERSONAL OBLIGATIONS ...........................................36 NOTE TO HELEN F. BROWN TRUST; INCOME.....................................................37 RECORDS PERTAINING TO BA.S IS.......................................................................... 38 COLLEGE EDUCATION EXPENSES; CHILDREN'S INSURANCE........................38 DEPENDENCY EXEMP T IONS............................................ .................. ...........................39 TERM INSURANCE.......................................................................................................... 39 MUTUAL RELEASES....................................................................................................... 40 FINANCIAL DISCLOSURE ........ ........... ....... ..... ............ ........ ............. ........ ...................42 WAIVER OR MODIFICATION TO BE IN WRITING..............................................43 LAW OF PENNSYLVANIA APPLICABLE ...................................................................43 AGREEMENT BINDING ON HE IRS...... ............ ...... ...................................... ........ .......43 INTEGRA T ION................................................................................................................. 44 OTIiER OOCUMENTA T ION............................... ........... .................................................... 44 NO WAIVER OF DEFAUL T ...... ..... ....... ......................................................................... 44 ENFORCEMENT................................................................................................................. 45 SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS.................45 MANNER OF GIVING NOTI CE ................................................................... ......... ........ 46 lIEADINGS NOT PART OF AGREEMENT................................................................... 46 CONTRACT INTERPRETATION....... ............ ...... ...... ........................... .............. ............47 Page 3 of 51 ~ 54. BANKRUPTCY OR REORGANIZATION PROCEEDINGS........................................... 47 55. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT...................48 56. INCORPORA TI ON................ ..... ..... .............. ...... ....................... ............................ ...........48 57. ACKNOWLEDGMENT OF SOCIAL SECURITY NUMBERS.........................................48 5 B . READING OF AGREEMENT ........................................................................................... 49 59 . COUNTERPARTS ..................................... ........ ............. ............ ..... .......... ...... ................... 49 ACKNOWLEDGMENTS................................................................................................................... 51 Page 4 of 51 ~ AGREEMENT made thi s day of 2006, by and between William Winton Warren, Jr. (hereinafter referred to as the "Husband") of 324 E. Main Street, Mechanicsburg, Pennsylvania, 17055 and Li~9fl_B. Warren (hereinaft. er referred to as "Wife") of A-KA; J?r ~ ~ !J~ 5000 Kylock Road, Mechanicsburg, Pennsylvania, 17055-4817. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on August 24, 1974. There were two (2) children born of this marriage: Emily M. Warren, born December 11, 1982, and Katherine B. Warren, born December 15, 1984. WHEREAS, the parties have lived completely separate and apart from one another since January 15, 2002. WHEREAS, it is the intention of the Wife and the Husband to live separate and apart, and 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 ownership and equitable distribution of marital property; the past, present and future support, alimony, alimony pendente lite and/or maintenance of the Wife by the Husband or of Husband by Wife; and in general, any and all claims and possible claims by one against the other or against their respective estates. Page 5 of 51 ~ NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, the Wife and the Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. EFFECT OF DIVORCE DECREE The parties agree that, unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. The Husband has filed an action for divorce in the Court of Cornman Pleas of Cumberland County, Pennsylvania, to No. 2005-00158 seeking a divorce on the grounds of Sections 3301(c) and 3301(d) of the Divorce Code, as amended. Following negotiations, the parties have agreed to secure a mutual consent, no-fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended. Contemporaneous with the execution of this Agreement, the Husband and the Wife shall each execute Affidavits of Consent, in the standard form, consenting to the entry of a final decree of divorce, as well as Waivers, in the appropriate form, waiving their respective rights to receive further notice of the intent to submit the record to the Court to obtain an absolute, Final Decree of Page 6 of 51 ~ divorce. The Husband's attorney shall, as soon as practicable after the date of execution hereof, file a praecipe to transmit the record of the divorce to the Court for entry of a final Decree of Divorce. 2 . AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement shall be incorporated by reference or in substance but shall not be deemed to be merged into such judgment or decree. This agreement shall survive any such final judgment or decree of absolute divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce caption. 3. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Page 7 of 51 .. Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DISTRIBUTION DATE Notwithstanding the date of execution of this Agreement as aforesaid, the transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which, unless otherwise specifically set forth in this Agreement, shall be as soon as practicable after the date of execution. 5 . ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Lori Karen Serratelli, Esquire, for the Wife, and Jeffrey A. Keiter, Esquire, for the Husband. The parties acknowledge that each has received independent legal advice from counsel of their selection and that they have been fully informed as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party confirms that he or she fully understands the terms, conditions and provisions of this Agreement. The parties further confirm that each is entering into this Agreement freely and voluntarily and that the execution of this Page 8 of 51 ~ Agreement is not the result of any duress, undue influence, collusion or improper or illegal agreement or agreements. 6. PURPOSE AND INTENT OF AGREEMENT It is the purpose and intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all marital property as between themselves, their heirs, and assigns. The division is made in consideration of the following facts and circumstances, among others: the duration of the parties' marriage; the fact that neither party has been married before; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution by the Husband and the Wife to the increased earning power of the other party; the opportunities of each party for future acquisitions of capital and income; the sources of income of both parties, including medical, retirement, insurance and other benefits; the relative earnings and earning capacities of the parties; the expectancies and inheritances of the parties; the property brought to the marriage either party; the contribution of each party in the acquisition, preservation and appreciation of the marital property, including the contribution of a party as homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; the economic circumstances of each party, including Page 9 of 51 Federal, State and local tax ramifications, at the time the division of property is to become effective; the expenses of sale, transfer or liquidation associated with particular assets. 7. VEHICLES The Husband hereby releases and relinquishes to the Wife any right, title or interest he may have, or had, in and to a 1999 Toyota Camry automobile, including the proceeds of any insurance covering such vehicle. Such vehicle, which has now been transferred to the parties' daughter, was deemed to be the Wife's sole and separate property as of the date of such transfer. For purposes of equitable distribution of marital property under this Agreement, the parties agree that the market value of the 1999 Toyota Camry was approximately $5,260. The Wife hereby releases and relinquishes to the Husband any right, title or interest she may have in and to a 1994 BMW 3 Series 325i Convertible 2D automobile and a 1998 Ford F-150 pickup truck, including the proceeds from any insurance policy(ies) insuring such vehicles. Such vehicles shall hereafter become the Husband's sole and separate property. For purposes of the equitable division and distribution of marital property under this Agreement, the parties agree that the current market value of the 1994 BMW is $4,805 and the current market value of the 1998 Ford pickup truck is approximately $5,260. Page 10 of 51 Each party hereby assumes sole responsibility and liability for any and all past, present and future expenses incurred, or to be incurred, in connection with the ownership and operation of the aforesaid motor vehicle(s) that are now in the possession of such party, including, but not limited to, all fees and costs relating to the transfer of the certificates of title, if necessary, to such vehicle (s), the liability for any sales or use taxes, if any, incident to the transfer of the vehicle (s), any fees for the assignment of tags, the cost of fuel, oil and fluids, the maintenance and/ repairs to such vehicle (s), and the cost of maintaining insurance on the vehicle(s). Each party entitled to receive or retain title to a vehicle(s) according to this Agreement will indemnify, defend and hold the other party harmless of and from any and all claims, suits, demands or causes of action against the other party arising out of the ownership, use and possession of such vehicle(s). Each party hereby warrants and represents that the titles to the vehicles assigned to the other party are free and clear of all liens and encumbrances and there are no restrictions of any kind on the transfer of such titles. Each party will cooperate, if necessary, in executing any necessary documents, including, but not limited to, certificates of title, government forms, sales and use tax forms and other forms, Page 11 of 51 . . limited powers of attorney, and documents, if any, required to transfer the title to a vehicle to the other party. 8. THE HUSBAND'S CONVEYANCE TO THE WIFE OF INTEREST IN RESIDENCE The Husband and the Wife are the owners, as tenants by the entirety, of certain real property known as 5000 Kylock Road, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter called the "Marital Residence"). Except as otherwise provided in paragraphs 10 and 11 of this Agreement, the Husband hereby conveys and transfers to the Wife, by separate special warranty deed, as her sole and separate property, all of his right, title and interest in and to the Marital Residence, free and clear of all liens and encumbrances and free and clear of any claims of the Husband, who hereby releases and relinquishes his interest therein to the Wife. A. For purposes of the equitable division and distribution of the parties' marital assets, the current market value of the Marital Residence, as mutually agreed upon by the parties, based, in turn, on a current appraisal of the Marital Property, is approximately $270,000.00. B. The Husband also assigns to the Wife any and all interest which he may have in any insurance policies (including homeowner's insurance, policy # 2897998 (issued by U.S.A.A.) and any title Page 12 of 51 . insurance policy(ies) covering the Marital Residence, or in and to the proceeds payable according to such policies. 9. EXPENSES OF MARITAL RESIDENCE, TAXES, ETC. Except as otherwise agreed, the Wife hereby agrees to assume, as her sole obligation, the complete responsibility and liability for any and all current and future real estate taxes levied and assessed against the Marital Residence, all utility expenses, the cost of insurance coverage, the cost of maintenance and repairs to the premises and all other obligations not otherwise specified in connection with the exclusive possession and absolute ownership of the Marital Residence. The Wife hereby waives any claims or credits for any expenses incurred by her from the date of the parties' separation to the date of the execution of this Agreement. The Husband hereby waives any claims or credits relating to any expenses incurred by him with respect to the Marital Residence, the Wife's exclusive possession of the Martial Residence and to a share of the fair rental value of the Marital Residence from the time of the parties' separation to the date of execution of this Agreement. 10. THE HUSBAND'S OBLIGATION TO SERVICE OF MORTGAGE OBLIGATIONS; INDEMNIFICATION Irrespective of the provision of paragraph 9 (requiring the Wife to assume all obligations with regard to the Marital Residence), the Husband shall hereby assume sole liability for any Page 13 of 51 loan obligations of the parties or of the Husband individually, which loan obligations are currently secured by a lien against the Mari tal Residence. The parties agree that the following loan obligations are secured by the lien of a mortgage against the Marital Residence: PNC mortgage loan #4001008110321407 and PNC line of credit (second mortgage) loan #4003048110322567. For purposes of this paragraph 10 and paragraph 11 which follow, the aforesaid loan obligations shall be referred to as the "Mortgage Obligations". From and after the date of execution of this Agreement, the Husband shall pay, on a timely basis, all regular monthly payments of principal and interest, penalties, late charges and other monetary and other type of obligations required to be paid and/or performed by the mortgagor(s) according to the terms and conditions of the underlying mortgage instruments and related promissory notes that have been delivered to the aforementioned mortgage lenders. In the event the Mortgage Obligations require the mortgagor(s) to pay on a monthly basis an estimated portion of real estate taxes levied and assessed against the Marital Residence, the annual homeowner's insurance premium, and other charges as part of the monthly mortgage payment, the Husband shall make such payments as well, provided that the Wife shall promptly reimburse the Husband for any such escrow payments made by the Husband attributable to the period beginning on the date of conveyance of the Marital Residence. Such reimbursement shall be made as soon as practicable after the Page 14 of 51 payment by the escrow holder of any taxes or other expenses from the escrow account. The Husband shall indemnify, defend and hold the Wife harmless from any liability, of whatever nature or description, which the Wife may have in connection with the Mortgage Obligations, including the corresponding underlying mortgage instruments, loan agreements, if any, and mortgage notes. 11. DISCHARGE OF THE WIFE; REFINANCING As soon as practicable after the date of execution of this Agreement, the Husband shall secure the complete release and discharge of the Wife from any personal liability in connection with the aforesaid Mortgage Obligations. In addition, the Husband shall secure the release of the Marital Residence itself from the lien of any mortgages secured by the Marital Residence. The Husband may secure the release and discharge of the Wife's obligation on said mortgage obligation and the release of the Marital Residence by any lawful means, including the refinancing of said Mortgage Obligations. 12. THE WIFE'S CONVEYANCE TO THE HUSBAND OF INTEREST IN COMMERCIAL PROPERTY. The Husband and the Wife are the owners, as tenants by the entirety, of a certain commercial real estate property known as 324 Page 15 of 51 East Main Street in Mechanicsburg, Cumberland County, PA. 17055, Pennsylvania (hereinafter called the "Cornmercial Property"). Such property is currently used as a rental property on the second and third floors and the first floor is leased to the Husband's dental practice. Except as otherwise provided in paragraphs 14 and 15, the Wife hereby conveys and transfers to the Husband, by separate special warranty deed, as his sole and separate property, all of her right, title and interest in and to the Commercial Property, free and clear of all liens and encumbrances and free and clear of any claims of the Wife, who hereby releases and relinquishes her interest therein to the Husband. A. For purposes of the equitable division and distribution of the parties' marital assets, the current market value of the Commercial Property, as mutually agreed by the parties according to this Agreement, and, in turn, based on a recent appraisal of the Marital Property, is approximately $275,000.00. B. The Wife also assigns to the Husband any and all interest which she may have in any insurance policies (including hazard insurance, policy # I-680-368R4545-COF-06 issued by Charter Oak Fire Insurance Company) and any title insurance policy(ies) covering the Commercial Property, or in and to any proceeds payable according to such policies. Page 16 of 51 13. EXPENSES OF COMMERCIAL PROPERTY, TAXES, ETC. Except as otherwise agreed, the Husband hereby assumes, as his sole obligation, the complete responsibility and liability for any and all past, present and future real estate taxes levied and assessed against the Commercial Property, all expenses of the utilities serving the Commercial Property, the cost of insurance coverage, the cost of maintenance and repairs to the premises and all other obligations not otherwise specified in connection with the exclusive possession and absolute ownership of the Commercial Property. The Husband hereby waives any claims or credits for any expenses incurred by him from the date of the parties' separation to the date of the execution of this Agreement. The Wife hereby waives any claims or credits relating to the Husband's exclusive possession of the Commercial Property during the divorce proceedings and to a share of the fair rental value of the Cornmercial Property from the time of the parties' separation to the date of execution of this Agreement. 14. THE HUSBAND'S OBLIGATION FOR SERVICE OF MORTGAGE OBLIGATIONS; INDEMNIFICATION In addition to and not by way of limitation, the Husband shall be solely liable for any loan obligations of the parties or of the Husband individually, which obligations are currently secured by a lien against the Commercial Property. The parties agree that the Page 17 of 51 following loan obligations are secured by a mortgage lien against the Commercial Property: PNC mortgage loan #4001008110130304. For purposes of this paragraph 14 and paragraph 15 following, the aforesaid loan obligations shall be referred to as the "Secured Loan Obligations". From and after the date of execution of this Agreement, the Husband shall pay, on a timely basis, all regular monthly payments of principal and interest, penalties, late charges and other charges, fees and obligations required to be paid and/or performed by the mortgagor(s) according to the terms and conditions of the underlying mortgage instruments and related promissory notes deli vered to the aforesaid mortgage lenders. In the event the Secured Loan Obligations require the mortgagor(s) to pay into an escrow account an estimated portion of real estate taxes levied and assessed against the Commercial Property, the annual hazard insurance premium, and other charges as part of the monthly mortgage payment, the Husband shall be solely responsible for making such payments. The Husband shall indemnify, defend and hold the Wife harmless from any liability, of whatever nature or description, which the Wife may have in connection with the Secured Loan Obligations, including the underlying mortgage instruments, loan agreements, if any, and mortgage notes. Page 18 of 51 15. DISCHARGE OF THE WIFE; REFINANCING As soon as practicable after the date of execution of this Agreement, the Husband shall secure the complete release and discharge of the Wife from any liability in connection with the Secured Loan Obligations. In addition, if the Wife is liable for any of the Secured Loan Obligations, the Husband shall secure the release of the Commercial Property from the lien of any mortgages secured by the Commercial Property. The Husband may secure the release and discharge of the Wife and the release of the Commercial Property by any lawful means, including the refinancing of the Secured Loan Obligations. 16. INCOME TAX The Husband shall be solely responsible for any taxes relating to the gain upon the sale of the Commercial Property, as well as any other income tax or other tax consequences in connection with the Commercial Property, including, but not limited to, any recapture associated with depreciation deductions attributable to the Commercial Property. In that regard, the Husband shall be solely liable for any federal, state and local income taxes, interest and penalties arising out of the sale or other conveyance of the Commercial Property. The Husband waives and releases the Wife from any claims or demands made by any governmental agency or taxing authority with respect to such taxes, interest and Page 19 of 51 . penalties. 17. THE WIFE'S RETIREMENT ACCOUNTS AND PLANS The Husband waives, relinquishes and releases to the Wife all of his right, title and interest, including any interest as a beneficiary, in and to the following retirement accounts registered or owned in the Wife's name alone: a. The Wife' s individual retirement account (IRA), acct. no. 798-90810 held by Merrill Lynch as custodian for Wife. The parties mutually agree that the approximate market value of said IRA as of the date of the parties' separation was $24,206.00. b. The Wife's individual retirement account (IRA), acct. no. 79B-90Bl1 held by Merrill Lynch as custodian for the Wife. The parties mutually agree that the approximate market value of said IRA as of the date of the parties' separation was $65,675.00. c. The Wife's SEP, non-marital acct. no. 798-70016 held by Merrill Lynch as custodian for the Wife. The parties mutually agree that the approximate market value of said SEP as of the date of the parties' separation was $3,370.00. d. The Wife's TIAA-CREF retirement annuities, contract no.s TIAA (D485400-8) and CREF (V485400-5). The parties mutually agree that the approximate combined market value of the Page 20 of 51 Wife's TIAA-CREF account as of the date of the parties' separation was $13,445. 18. THE HUSBAND'S IRA ACCOUNT The Wife waives, relinquishes and releases to the Husband all of his right, title and interest, including any interest as a beneficiary, in and to the following individual retirement account (IRA), acct. no. 8659-0512 held by Wachovia Bank as custodian for the Husband. The parties mutually agree that the approximate market value of said IRA as of the date of the parties' separation was $35,751.00. 19. THE HUSBAND'S 401(k) PLAN The Husband is a Participant under the Warren & Reese 401(k) Plan, administered through The Hartford, (hereinafter referred to as the "Plan"). For the purposes the equitable division of marital property, the Wife is hereby granted a portion of the Husband's retirement benefits under the Plan as designated below. The Wife's ownership interest in the specified portion of the Husband's retirement benefits shall become effective on the Assignment Date, which shall be the date of the entry of a final decree of divorce between the parties. a. Amount of the Wife's Benefits: Effective as of such Assignment Date, the Wife shall be assigned a portion of the Page 21 of 51 Husband's Total Account Balance accumulated under the Plan equal to Four Hundred Thousand Dollars and No Cents ($400,000.00) effective as of the Assignment Date (or the closest valuation date thereto). Further, such Total Account Balance shall include all amounts maintained under all of the various investment funds, accounts, and/or sub-accounts established on behalf of the Husband. Such Total Account Balance shall also include all amounts (including plan forfeitures, if applicable) contributed to the Plan on behalf of the Husband after the Assignment Date that are attributable to periods prior to such date. The Husband shall retain, as his sole and separate property, any portion of his Total Account Balance not assigned to the Wife hereunder. b. Establishment of Separate Accounts and Crediting of Interest and Investment Earnings or Losses: The Wife's portion of the benefits described in paragraph a. above shall be segregated and separately maintained in Account(s) established on her behalf and shall additionally be credited with any interest and investment income or losses attributable thereon from the Assignment Date, until the date of total distribution to the Wife. The Wife's accounts shall be initially established in the same ratio (fund mix percentage) as the Husband maintains his accounts. c. Commencement Date and Form of Payment to the Wife: The Wife may elect to commence her share of the benefits as soon as Page 22 of 51 administratively feasible following the date that the QDRO is approved by the Plan Administrator, or at the earliest date permitted under the terms of the Plan, if later. Benefits will be payable to Plan Participants and Alternate Payees under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. d. The Wife's Rights and Privileges: On and after the date of the Qualified Domestic Relations Order (QDRO) is deemed qualified, but before the Wife receives her total distribution under the Plan, the Wife shall be entitled to all of the rights and election privileges that are afforded to active Participants and Beneficiaries, including, but not limited to, the rules regarding the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. e. Death of the Wife: In the event of the Wife's death prior to her receiving the full amount of benefits called under this Agreement and under the benefit option chosen by the Wife, the Wife's beneficiary (ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a valid beneficiary election, her estate), shall receive the remainder of any unpaid benefits under the terms of the QDRO. e. Death of the Husband: In the event that the Husband dies prior to the establishment of separate account(s) in the name of the Wife, the Wife shall be treated as the surviving spouse of Page 23 of 51 the Husband for any survivor benefits payable under the Plan to the extent of the full amount of her benefits as called for under the terms of this Agreement and the associated QDRO. Should the Husband predecease the Wife after the new account(s) have been established on her behalf, the Husband's death shall in no way affect the Wife's right to the portion of her benefits as stipulated herein. f. Tax Treatment of Distributions Made to the Wife under the Qualified Domestic Relations order: For purposes of Sections 402(a) (1) and 72 of the Internal Revenue Code, the Wife shall be treated as the distributee of any distribution or payments made to her under the terms of the QDRO, and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distribution. g. Constructive Receipt: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Wife pursuant to the terms of the QDRO, the Husband shall immediately reimburse the Wife to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Wife within ten (10) days of receipt. h. A QDRO Shall Issue: In order to effectuate the Assignment provisions of this Marriage Settlement Agreement regarding the division of the Husband's retirement benefits under the Plan, a Page 24 of 51 QDRO shall be prepared in accordance with the terms of this Agreement and submitted to the Plan Administrator for processing. Notwithstanding the previous sentence, in the event the Husband predeceases the Wife prior to the date that the QDRO if officially approved by the Plan Administrator, it is hereby ordered that the terms and provisions of this Agreement shall, in and or itself, be deemed a QDRO by such Plan Administrator and processed accordingly. i. Continued Jurisdiction: The court shall retain jurisdiction to amend the provisions contained herein in order to establish and/or maintain the qualified status of the QDRO under the Employee Retirement Income Security Act of 1974, and to enter effectuate the original intent of the parties. The court shall also retain jurisdiction to enter such further orders that are just, equitable, and necessary to enforce, secure, and sustain the benefits awarded to the Wife in the event that the Husband and/or the Plan Administrator fails to comply with any or all the provisions contained herein. Such further orders may also include, but not be limited to, nunc pro tunc orders or orders that re-characterize the benefits awarded under the Plan to apply to benefits earned by the Husband under another plan. j. Actions by the Husband: The Husband shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of the QDRO, or that could diminish or extinguish Page 25 of 51 that rights and entitlements of the Wife as set forth herein. Should the Husband take any action or inaction to the detriment of the Wife, the Husband shall be required to make sufficient payments directly to the Wife to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Wife's full entitlements hereunder. 20. DENTAL PARTNERSHIP The Wife hereby waives, relinquishes and releases to the Husband all of her right, title and interest in and to the Husband's partnership interest in the professional dental partnership known as the William W. Warren, D.D.S. & Terry L. Reese, D.M.D. dental partnership in and to all tangible and intangible real and personal property of the partnership, including all personal and enterprise goodwill, if any, of the partners or the partnership. The parties mutually agree that the approximate market value of the marital portion of the Husband's interest in the dental partnership, for purposes of the equitable division and distribution of marital property between the parties is approximately $131,500.00, based on a current professional valuation of the Husband's interest. Page 26 of 51 21. LIFE INSURANCE The Wife hereby waives, relinquishes and releases to the Husband all of her right, title and interest (including her interest as a named beneficiary) in and to all of the Husband's interest in all of the incidents of ownership in a certain whole life policy of life insurance on the Husband's life issued by Prudential Legacy Life insurance company, policy no. AEI002P. All said incidents of ownership shall hereinafter be deemed the sole and separate property of the Husband. 22. BANK ACCOUNTS The Wife hereby waives, relinquishes and releases to the Husband all of her right, title and in and to the Husband's interest in his personal checking account no. 5000017702 at PNC Bank and in all amounts deposited in said account on or after the date of separation of the parties. From and after the date of execution of this Agreement, said account shall be deemed to be the sole and separate property of the Husband. The Husband hereby waives, relinquishes and releases to the Wife all of his right, title and in and to the Wife's interest in her personal checking accounts at PNC Bank, Account No. 5000631681 and in all amounts deposited in said account on or after the date of separation of the parties. From and after the Page 27 of 51 date of execution of this Agreement, said account shall be deemed to be the sole and separate property of the Wife. 23. THE WIFE'S CMA ACCOUNT The Husband hereby waives, relinquishes and releases to the Wife all of his right, title and in and to the Wife's non-marital interest in her Merrill Lynch cash management account ("CMA") no. 798-6444 and in all amounts deposited and invested in said account, and in any increases in said account on or after the date of separation of the parties. From and after the date of execution of this Agreement, said account shall be deemed to be the sole and separate property of the Wife. 24. WEST SHORE COUNTRY CLUB MEMBERSHIP The Wife hereby waives, relinquishes and releases to the Husband all of her right, title and in and to the Husband's interest, rights and privileges as a member in West Shore Country Club and in any refundable payments held in escrow or in any form attributable to such membership. From and after the date of execution of this Agreement, the Husband's membership shall be deemed to be the sole and separate property of the Husband. In addition, the Husband shall be solely responsible for any dues, assessments or other obligations of the Husband attributable to such membership. Page 28 of 51 25. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 26. TAX CONSEQUENCES It is the understanding of the parties that the property transfers described in this Agreement are within the provisions of Section 1041 of the Internal Revenue Code and will not result in the recognition of any gain or loss upon the transfer. It is understood by the parties that the transfer of property subject to Section 1041 of the Internal Revenue Code will require that the transferee take the property with the tax basis equal to the tax basis that the property had in the hands of the transferor. 27. ALIMONY Subject to the terms and conditions hereinafter set forth, the Husband shall pay, directly to the Wife, alimony in the monthly amount of Three Thousand Two Hundred Fifty Dollars ($3,250.00), with the first monthly payment being due on the first (1st) day of Page 29 of 51 the month in the month following the month that a final decree of divorce is entered between the parties, and payable on the same day of each month thereafter for a period of one hundred eight (108) consecutive months, at which time all paYments shall cease if they have not been previously terminated or modified as provided herein. The Husband's obligation to make payments pursuant to this paragraph will end and he will be released from the obligation of payment upon: the death of either party; upon the payment, in full, of the Husband's obligation to make monthly alimony payments hereunder; or upon any modification of this Agreement by the parties or by Order of Court terminating such obligation. All payments by the Husband pursuant to this paragraph will be made in cash (as opposed to tangible property), but in the manner set forth below. 28. MODIFICATION. The parties expressly agree that no provision of this Agreement regarding the payment of alimony by the Husband will be subj ect to modification in any manner at the request of either party, or upon petition to or suit brought by either party in a court of competent jurisdiction, except that the Husband's alimony obligation hereunder shall be subj ect to downward modification only, at the Husband's election, in writing, in the event the Husband's "gross earned income" (i.e., gross earned income before Page 30 of 51 taxes) falls below $275,000.00 in any calendar year during the time the Husband continues to be obligated to pay alimony to the Wife in accordance with this Agreement. The Husband's alimony obligation shall be subject to downward modification only, upon the written election of the Husband, if the Husband's "gross earned income" is at least 10% less than $275,000.00 for any such calendar year. In the event that the Husband's "gross earned income" is at least 10% less than $275,000.00 for any calendar year, the Husband's monthly alimony obligation shall be reduced by the same proportion as the Husband's annual "gross earned income" bears to the sum of $275,000.00. Such downward reduction in the Husband's alimony obligation shall take place during the next 12-month period, beginning on April 15th, following the calendar year in which the Husband's "gross earned income" is less than $275,000.00. If any annual downward modification of alimony does occur, as set forth in the preceding paragraph, Husband's alimony obligation may be subject to upward modification if his annual gross earned income increases at least 10% from the previous year, based, again, on the proportion of the Husband's annual "gross earned income" to the sum of $275,000.00. (to a maximum of the original $3,250.00 a month). Such upward reduction in the Husband's alimony obligation shall take place during the next 12-month period, beginning on April 15th, Page 31 of 51 following the calendar year in which the Husband's "gross earned income" increases from the previous year. Irrespective of the foregoing provisions of this paragraph 28, in the event Husband becomes completely or partially disabled, either on a temporary or permanent basis, so that his "gross earned income" is reduced below $275,000 on an annualized basis, then, in that event, at Husband's election, his monthly alimony payment shall be subject to downward modification in the manner set forth above, provided that the computation of his "gross earned income" shall be made on a quarterly basis. Thus, such downward modification in the Husband's monthly alimony obligation shall take place during any next 3-month period following the determination that his "gross earned income" for the previous quarter is less than $68,750.00 (i.e., $275,000.00 divided by 4). If any quarterly downward modification of alimony does occur, as set forth in the preceding paragraph, Husband's alimony obligation may be subject to upward modification if his income for a new quarter increases from the quarter when the alimony payment was last modified, based, again, on the proportion of the Husband's quarterly "gross earned income" to the sum of $68, 750.00. (to a maximum of the original $3,250.00 a month). Such upward modification in the Husband's alimony obligation shall take place during the next 3-month period following the determination that his Page 32 of 51 "gross earned income" for a new quarter is greater than the previous quarter. Subject to any other provisions of this Agreement providing for downward modification of Husband's alimony obligation, the quarterly adjustment of such obligation shall cease in the event Husband's temporary disability ceases. The parties mutually agree that the determination of the amount of Husband's annual or quarterly "gross earned income", for purposes of this paragraph 28 of the Agreement, shall be made by the accounting firm of Diana M. Reed & Associates, P.C. 29. TAX CONSEQUENCES. The payments by the Husband to the Wife required by Paragraph 28 of this Agreement are "alimony" for purposes of the Internal Revenue Code and are includable in the gross income of the Wife under Section 71(b) (1) (B) and are deductible to the Husband under Section 215 of the Internal Revenue Code. 30. FILING TAX RETURNS. The parties agree that they shall file, in each year, federal tax returns which are consistent with the terms of this Agreement. 31. JOINT RETURNS The parties have heretofore filed certain joint income tax returns for the years prior to 2006 (i.e., 2005 and before). To the best of each party's knowledge, information and belief, the parties Page 33 of 51 have duly paid all income taxes, if any, due as a result of filing such returns; there are no interest or penal ties with respect thereto; no tax deficiency is pending or anticipated; and no audit is pending with respect to any such return. If any notice from any taxing or enforcement authority or agency regarding any jointly filed tax returns is received by either party, such party shall promptly give the other party timely written notice thereof. In the event any additional taxes, interest or penalties are determined to be due, the Husband and the Wife shall each pay the amount ultimately determined to be due, together with interest and penalties, if any, in the same proportion as each party's income for the taxable year in question bears to the total taxable incomes of the parties, provided that neither party shall be responsible for any taxes, interest or penalties attributable to the failure of the other party to report taxable income from any source or to such party's claiming a deduction or other tax reduction benefit that is disallowed by the taxing authority. Beginning with the taxable calendar year 2006, and thereafter, it is understood and agreed that the parties shall file individual federal and state income tax returns on other than a joint basis with each other. Any refunds payable as a result of the filing of any joint federal or state tax return shall be divided equally between the parties regardless of the amount of the taxable income reported by each party. Each party shall be responsible for cooperating in the Page 34 of 51 endorsing and cashing of any refund check and dividing the proceeds equally. 32 . MEDICAL INSURANCE; PREMIUMS; DENTAL SERVICES. Except as hereinafter provided (with regard to the Wife's dental expenses), each party shall be solely responsible for all medical, dental, optical and other types of expenses normally covered, in whole or in part, by medical insurance policies and plans, incurred by him or her. So long as the Husband continues to practice dentistry, the Husband shall provide free professional dental services to the Wife. For purposes of this paragraph, such free dental services shall consist of the portion of such charge attributable to the Husband's fee for professional services. Any of the Husband's costs (except overhead), lab fees, etc. shall be paid by the Wife. 33. UNREIMBURSED MEDICAL EXPENSES. In addition, neither party shall be obligated to reimburse the other for all or any portion of such party's unreimbursed medical expenses incurred and paid by him or her after the date of execution of this Agreement. For all purposes of this Agreement, the term "unreimbursed medical expenses" shall be defined in the manner such term is defined in the applicable Page 35 of 51 statutes, rules of court and case law pertaining to spousal support in effect as of the date of execution of this Agreement. 34. COUNSEL FEES AND EXPENSES Husband agreed to reimburse Wife for her counsel fees incurred through finalization of the divorce. 35. EXISTING AND FUTURE PERSONAL OBLIGATIONS The parties hereby agree that all existing personal liabilities, debts and obligations of every description (i. e. , mortgage debts, line of credit and other such liabilities, etc. for which the other party is not liable, either directly or contingently, to a creditor) that have been incurred by either of them shall be paid in a timely fashion by the party who has incurred such liability, etc. The Husband and the Wife each hereby indemnify the other and guarantee to defend and hold each other harmless for any and all payments, charges or penalties due on account of any liability which is made the sole responsibility of the Husband or the Wife by the provisions of this Agreement. Further, the Wife and the Husband each covenant, warrant, represent and agree that neither has heretofore contracted for any debt, liability or obligation for which the other or the estate of the other may be responsible or liable, except as specifically Page 36 of 51 disclosed and provided for by the terms of this Agreement. The parties further covenant, warrant, represent and agree that each will now and at all times hereafter defend, save harmless and indemnify the other and the estate of the other from all debts, charges and liabilities incurred after the execution date hereof, except as may be otherwise specifically provided herein, as well as from all debts, liabilities or obligations of every kind which have been incurred heretofore by either party, including those for necessities, except for obligations arising out of this Agreement. Except as may be otherwise expressly provided herein, the parties agree that all joint credit and/or charge accounts shall be terminated immediately, if they have not already been terminated, and that no charges shall be incurred by either party against any joint account from the date of execution hereof. 36. NOTE TO HELEN F. BROWN TRUST; INCOME The Wife shall assume and be solely responsible for any debt owed to the Helen F. Brown trust estate. The Husband shall not be obligated to reimburse the Wife or the trustee (es) of the Helen F. Brown revocable trust for any debts owed by the Husband and/or the Wife to such trust estate. The Wife shall indemnify, defend and hold the Husband harmless from any liability of the Husband in connection with any debts owed, or debts repaid, to the Helen F. Brown trust estate. Page 37 of 51 ::.. The Wife agrees to reimburse the Husband for any income taxes paid by the Husband as a result of income paid to the Wife (or to which she was entitled) from the Helen F. Brown trust estate, which income was reported on the j oint federal and state income tax returns of the parties for the calendar years 2003 through 2005. Such reimbursements shall be payable within fifteen (15) days after the Husband files his income tax return. The parties agree to be bound by the determination of Diana M. Reed & Associates, CPA, with regard to the calculation of the amount of income tax paid by Husband attributable to the Helen Brown income distributions. 37. RECORDS PERTAINING TO BASIS Each party agrees to supply the other with all records in his or her possession pertaining to the cost basis, adjusted basis, holding period and potential tax recapture liability of any asset which such party has transferred to the other pursuant to this Agreement. 38. COLLEGE EDUCATION EXPENSES; CHILDREN'S INSURANCE The Husband and the Wife will share the expense of tuition, room and board, books and related fees and expenses to enable the parties' youngest child, Katherine B. Warren, to complete her undergraduate college education in four years. In addition, the Page 38 of 51 ~ '- parties will share the expenses of providing car insurance and heal th insurance for the parties' two daughters, Katherine B. Warren and Emily Warren, until such age or ages as the parties may agree. The aforesaid expenses for education and automobile and health insurance shall be shared in proportion to the gross annual earned incomes, excluding Wife's alimony payment, of the parties to the total combined gross annual earned incomes of the Husband and the Wife. 39. DEPENDENCY EXEMPTIONS The Husband shall be entitled to claim each of the parties' children as a dependent for federal income tax purposes, subject to all applicable laws and regulations. The Wife agrees to execute and deliver to the Husband during January of each year, the appropriate IRA Form waiving any right to claim either of said children as a dependent and will forbear from claiming either child as a dependent unless the Husband otherwise consents, in writing. 40. TERM INSURANCE Husband and Wife hereby declare their intent to pay for and otherwise maintain their existing term life insurance policies and coverage and designate each other as the primary beneficiary of any death benefits payable according to the terms of such policies. The premiums for each policy shall be shared equally by the parties. Page 39 of 51 \ With the consent of the other party, either insured policy may substitute another term or whole life policy on his or her respective lives for the policy(ies) listed above. Upon reasonable request by a party, such party may request sufficient proof (e.g., certificate of insurance from the insurer) of current insurance coverage and designation of beneficiary in accordance with this paragraph. The provisions of this paragraph shall not be legally binding and shall be interpreted as a statement of intention only. 41. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: a. 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 may have or at any time hereafter have 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, agreements and obligations of whatsoever nature arising or which may arise Page 40 of 51 , under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. b. 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 or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a survi ving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonweal th or territory of the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary subsequent to execution hereof, nor to defeat the right of either party to receive any legacy, bequest or Page 41 of 51 ~ .. residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, provided it is executed subsequent to this Agreement. c. Except for any cause of action for divorce which either party may have or claim to have, and 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. 42. FINANCIAL DISCLOSURE Incorporated into this Agreement are the financial disclosures of the parties with respect to assets, liabilities and income. Except as otherwise set forth herein, each party confirms that he or she is relying upon the substantial accuracy of the financial disclosure as an inducement to the execution of this Agreement. No representations or warranties have been made by either party to the other, or by anyone else, as to financial status of the other, except as expressly set forth in this Agreement, including any Exhibi ts or schedules attached hereto. Each of the parties, acknowledging that he and she had the opportunity to seek Page 42 of 51 '" professional appraisals and valuations of all marital assets, and to discovery other information and documentation relating to the identification and valuation of marital assets and income, hereby waives any right to request or obtain additional appraisals or valuations of marital or other assets or discover any other information or documentation relating the identification and/or valuation of marital assets, liabilities and income which are the subj ect of distribution or division under the terms of this Agreement. 43. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 44. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 45. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, Page 43 of 51 ~ successors and assigns. 46. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties, verbal or in writing, other than those expressly set forth herein. 47. OTHER DOCUMENTATION The Wife and the Husband covenant and agree that they will forthwith (and within at most ten (10) days after demand therefore) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 48. 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. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or Page 44 of 51 " similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 49. ENFORCEMENT It is expressly stipulated that if either party fails in the due performance of any of his or her material obligations under this Agreement, the other party shall have the right, at his or her election, to sue for damages for breach thereof, to sue for specific performance, or to seek any other legal remedies as may be available, and, in addition, the defaulting party shall reimburse the non-defaulting party for any legal fees and expenses (which legal fees shall not be "clearly excessive" as defined in the Rules of Professional Conduct or successor Rule) for any services incurred in any action or proceeding to compel performance hereunder. 50. SEVERABILITY AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other Page 45 of 51 respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 51. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to the Wife shall be sent by certified mail, return receipt requested, to 5000 Kylock Road, Mechanicsburg, PA 17055 and to Lori K. Serratelli, Esquire, or such other address as the Husband from time to time may designate in writing. Any notice required by this Agreement to be sent to the Husband shall be sent by certified mail, return receipt requested, to 324 East Main Street, Mechanicsburg, PA. 17055 and to Jeffrey A. Keiter, Esquire, or such address hereinafter provided, in writing, to the Husband by the Wife. 52. 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. Page 46 of 51 53. CONTRACT INTERPRETATION For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, the Husband and the Wife agree that this Agreement was prepared jointly by their respective attorneys. 54. BANKRUPTCY OR REORGANIZATION PROCEEDINGS In the event that ei ther party becomes a debtor in any bankruptcy or financial reorganization proceedings of any kind while any obligations remain to be performed by that party for the benefi t of the other party pursuant to the provisions of this Agreement, the debtor spouse hereby waives, releases and relinquishes any right to claim any exemption (whether granted under state or federal law) to any property remaining in the debtor as a defense to any claim made pursuant hereto by the creditor- spouse, and the debtor-spouse hereby assigns, transfers and conveys to the creditor-spouse an interest in all of the debtor's exempt property sufficient to meet all obligations to the creditor-spouse as set forth herein, including all attorneys' fees and costs incurred in the enforcement of this Paragraph or any other provision of this Agreement. No obligation created by this Agreement shall be discharged or is dischargeable, regardless of federal or state law to the contrary, and each party waives any and all right to assert that any obligation hereunder is discharged or dischargeable. Page 47 of 51 55. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as the husband and the Wife, or attempt reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void 56. INCORPORATION All the statements and paragraphs set forth in the preceding WHEREAS clauses to this Agreement are incorporated herein by reference, and are made a part hereof with the same force and effect as if restated in full. However, to the extent inconsistent, the provisions of this Agreement shall prevail over any inconsistent provisions contained in the WHEREAS clauses to this Agreement. 57. ACKNOWLEDGMENT OF SOCIAL SECURITY NUMBERS The Husband hereby warrants that his Social Security Number is 216-58-7313 and the Wife hereby warrants that her Social Security Number is 300-44-7189. Page 48 of 51 ~~ 58. READING OF AGREEMENT Each of the parties has carefully and voluntarily, without duress or coercion, read and fully considered this Agreement and all of the statements, terms, conditions and provisions thereof prior to signing below. If, despite this representation, a party has chosen not to read any portion of this Agreement before signing it, such party shall be precluded and barred from raising or asserting, on an affirmative or negative (i.e., defensive) basis, in any legal proceedings or for any purpose, the fact that he or she has not read the Agreement, or any portion thereof, before executing and acknowledging the Agreement. 59. COUNTERPARTS This Agreement may be executed in two (2) counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The effective date of the Agreement shall be defined as the date of execution by the party last executing a counterpart of this Agreement. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals the day and year first written above. ~f~ W~~Ul~ ~t~~ William W. Warren (SEAL) Page ~. . . WITNESS Linda B. Warren Page 50 of 51 . .' ., ACKNOWLEDGMENTS COMMONWEALTH OF PENNSYLVANIA COUNTY OF &~P On 4v6?/srh!~, 2006, before me, t...h~~E,G~ ss: , the undersigned officer, personally appeared William W. Warren, known to me or satisfactorily proven to be the person whose name is subscribed to this instrument, and he acknowledged that he executed the instrument for the purposes stated in the instrument. In witness whereof, I set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA COUNTY OF d~' On ~ 1:. 2..2- ',2006, before me,>>~brfl A. [:;LrJV1f-Iv-L the undersigned officer, personally appeared Linda B. Warren, kno~n to me or satisfactorily proven to L-k0- Lt'l/Cfo-:ilI ~ uJ~ be the person whose name is subscribed to this instrument, and Pub ic C MMONWEALTH OF PENN$YL.VNfA NOTARiAl SEAl JAMES E. GREEN, Notlry PWIh: Camp Hill Bora, Cumberland My Commission EXPires.. . .-----...... ss: she acknowledged that she executed the instrument for the purposes stated in the instrument. In witness whereof, I set my hand and official seal. NOTARIAl SEAl DEIRA A EVANGEUSn Notary PublIC ~ 1WP.I)AUPH1N eOUN1\' My COrnmIIIIon Expires May 7. 2008 -d/~ :J ~C<fr o~ Notary PublicO Page 51 of 51 /.:'/~' j,'t,~*~~'~ f' ..~....-...............''''''''~''~'' );, . -'; .~. :~:' I~"; ;.) l,,,,~; .;{~r'd~ ,~<~~~U\ .'.' o , ." -r ~ ,"~":" ;..: 'd-J ::::; -~ " r-..-> C.l C:.:;;> c..;:"'\ C") o -n ~~ - C! ::; :~ ''''r) _"::;CI ':!; ~D i:':; \:\~ :;~ ::0 -< \. ) --"", I <...'1 ~.-~~': _".1:"" ,. r-) r:/.. W ,Arr)~~ :l : "' !~411.' "^ ", . ,€tUw>t,' " ',"'I1.'i1'" ,..",.~ J ,. I Jeffrey A. Keiter, J.D. Sup. Ct. I.D. #15966 Attorney for the Plaintiff 226 West Chocolate Avenue Hershey, PA 17033 717.533.8889 WILLIAM WINTON WARREN,JR.) Plaintiff ) ) ) ) ) ) ) COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05-158 CIVIL TERM LINDA DIANE WARREN Defendant CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRANSMIT RECORD [pursuant to Section 1920.42 of the Divorce Code] TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the court for entry of a final divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: by written Acceptance of Service by the Defendant, pursuant to Pa. R.C.P. 1930.4(d), on January 13, 2005, said Acceptance of Service having already been filed and made a part of the record hereof. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, August 22, 2006 and Defendant, August 22, 2006. Such Affidavits are herewith requested to be filed with the Prothonotary. 4 . Related claims pending: Settled by written Agreement dated August 22, 2006 which Agreement was mailed to the Prothonotary on or about September 11, 2006 and is requested to be incorporated by reference, but not merged, in the final decree of divorce. Defendant's Count IV and V. of the Counterclaim are withdrawn by Praecipe of the Defendant filed herewith. 5. Date Defendant's and Plaintiff's Waiver of Notice (dated August 22, 2006) and Defendant's Waiver of Notice (dated August 22, 2006) in accordance with Section 3301(c) Divorce are herewith filed with the Prothonotary: Such Waivers are attached hereto. The filing date will be the date on which they are filed and made a part of the record herein. J.D. Avenue o ~: .,:..-~ - ~Ji,:}-" G;:.. ~,-; ~ A' ,... (.i/ r:~~: ~~~ ~,---,. ,-- ~~ \('~,~ ]::. c::. :; =< r-J c? <:--.:) C" o (; -\ o -n \ (Ji {:n \I · r:: -JfTi .~1Q -:~)~~, :}~ o -\ ~ :Q. P ::J.': "!? U' \.0 ,.,,.,,., ,., ,., ,., ~ ~ ~~~~~~~~~~~~~~~,., ~,.,,.,,.,,., ,., ,.,,.,,.,,.,,.,,.,~~ ~ ~ ,., ~ ,., ~ ,., ~ ~ ~ ,., ~ ~ if. if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY Willian Winton Warren, Jr. PENNA. STATE OF 05-158 Civil Tenn No. Plaintiff VERSUS Linda Diane Warren Defendant DECREE IN DIVORCE cA /:;J. to fJ.A/1 , O~/O 2006 AND NOW, , IT IS ORDERED AND DECREED THAT William Winton Warren, JR. , PLAI NTI FF, AND Linda Diane Warren , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE ATTEST: PROTHONOTARY if.~if.~if. ~~~ ~~~~if.if.~~~~~~ if. ~ if. ~ ~~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ '" '" ,., ~ ,., ~ ,., '" ,., ~ ,., ~ ,., ~ ~ ,., ,., J. ,~ W ~~7/1, %,.1/0/ ~;;I i?? ~ ~ -/P 'tJ, J 101 :.: ~: _ J> " 4 . - .. 10", CI ' ? . .... NOV 192011 j}A1 Lori K. SerratelIi, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Defendant WILLIAM WINTON WARREN, JR., Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 05-158 CIVIL TERM LINDA DIANE WARREN, Defendant : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the parties were married to each other on August 24, 1974 and divorced by final Decree in Divorce on October 10, 2006; WHEREAS, Paragraph 19 of the parties' Marital Settlement Agreement dated August 22, 2006 awards Defendant a portion of Plaintiffs Warren & Reese 40 1 (k) Plan whose funds are administered through the Hartford Life Insurance Company; and WHEREAS, this Court has personal jurisdiction over both parties and jurisdiction over the subject matter of this Order and this dissolution of marriage action; IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is qualified under Section 401 of the Internal Revenue Code (Code) and the Employee Retirement .- Income Security Act of 1974 (ERISA). It is intended to constitute a Qualified Domestic Relations Order (QDRO) under Section 414(P) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last-known address, Social Security Number, and date of birth of the plan "Participant" are: Name: William W. Warren Address: 324 East Main Street Mechanicsburg, P A 17055 Social Security Number: 216-58-7313 Birth Date: July 31, 1950 3. Former Spouse Information: The name, last-known address, Social Security Number, and date of birth of the "Alternate Payee" are: Name: Linda B. Warren Address: 5000 Kylock Road Mechanicsburg, P A 17055 Social Security Number: 300-44- 7189 Birth Date: February 23, 1945 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Warren & Reese 401(k) Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other planes) to which liability for provision of the Participant's benefits described below is incurred shall also be subject to the terms of this Order. Also, 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 the Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 6. For Provision of the Marital Propertv Rie:hts: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Decree in Divorce entered between the Participant and the Alternate Payee on October 10,2006. 7. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee a portion of the Participant's Total Account Balance under the Plan in an amount equal to Four Hundred Thousand ($400,000.00) Dollars, effective as of October 10,2006, plus any interest and investments earnings or losses attributable thereon for periods subsequent to October 10,2006 until the date of total distribution. Pro-Rata Allocation: The Alternate Payee's share of the benefits will be allocated on a pro-rata basis among all of the Participant's accounts maintained on his behalf under the Plan. 8. Commencement Date and Form of Payment to Alternate Payee: The Alternate Payee's distribution shall be made or commence to be made on any administratively reasonable date selected by the Alternate Payee after the Plan Administrator determines that this .... Order, or any modification of this Order, is a QDRO as defined in Section 414(P) of the Code and Section 206(d)(3)(B) of ERISA and the time for appeal has expired or the Participant and the Alternate Payee have waived their right to such appeal in accordance with the procedures established by the Plan. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to Participants and Alternate Payees under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 9. Alternate Payee's RiI!hts and Privilee:es: On and after the date that this Order is deemed to be QDRO, but before the Alternate Payee receives his or her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 10. Death of Alternate Payee: In the event of the Alternate Payee's death prior to the Alternate Payee receiving the full amount of the benefits called for under this Order and under the benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, her estate), shall receive the remainder of any unpaid benefits under the terms of this Order. 11. Death of Participant: In the event that the Participant dies before the Alternate Payee receives her distribution in accordance with the terms of this QDRO, or before the establishment of separate account(s) in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under . ... the Plan to the extent of the full amount of her benefits as called for under Section 7. Should the Participant predecease the Alternate Payee after the new account(s) have been established on her behalf, such Participant's death shall not affect the Alternate Payee's right to the portion of her benefits as stipulated herein. 12. Savin2s Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a). To provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b). To require the Plan to provide increased benefits determined on the basis of actuarial value; or (c). To require the payment of any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order that was previously deemed to be a QDRO. 13. Certification of Necessarv Information: 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 to make the necessary calculation of the benefit amounts contained herein. 14. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414(P) of the Code, 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. . .. 15. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 402(a)(I) and 72 of the Code, any Alternate Payee who is the spouse or Former Spouse of the Participant shall be treated as the distribute 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, state, or local income taxes on such distribution. 16. Constructive Receint: In the event that the Plan Trustee inadvertently pays to the Participant any benefits which 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 amounts so received directly to the Alternate Payee within ten (10) days of receipt. 17. Continued Jurisdiction: The court shall retain jurisdiction to establish and/or maintain the qualified status of this Order as a QDRO under ERISA, and to effectuate the original intent of the parties as stipulated herein. The court shall also retain jurisdiction to enter such further orders that are just, equitable, and necessary to enforce, secure, and sustain the benefits awarded to the Alternate Payee, in the event that the Participant and/or the Plan Administrator fail to comply with any or all of the provisions contained herein. Such further orders may also include, but not be limited to, nunc pro tunc orders or orders that recharacterize the benefits awarded under this Plan to apply to benefits earned by the Participant under another plan, as applicable, or orders that award spousal or child support, to the extent necessary to carry out the intentions and provisions of this Order. · ,,41 "\. 'I 18. Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for Participants and Beneficiaries. 19. Actions bv Participant: The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this QDRO, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of the his actions or inactions and to the extent of her full entitlements hereunder. 1. IT IS SO ORDERED: Date: ,J I~, loCo APPROVED AS TO FORM AND CONTENT ON THIS DA Y OF ,200_: ~~ William W. Warren, Participant rI~ IJ~ Linda B. Warren, Alternate Payee OQ1ill~a.now;l~ Witness \iIN'/i\lASNN3d I I ~ If". 'Jr, n~.~I-',';:Jql^lnO f\.,LI'".1 i\,,'_l', -, ,.) "...!r-...JV~ o +t :2 I~d 08 AON 9002 Atf\ilO1\JOH10cd 3Hl :10 381j:10-D31l:J