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HomeMy WebLinkAbout05-2849MCNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdyamwn com Attorneys for Plaintiff MARK D. VANHOY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. os- aPyp IN DIVORCE HEATHER A. VANHOY, Defendant 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 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Harrisburg, PA 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEE WALLACE & NURICK LLC By L? Pamela L. Purdy Attorneys for Plaintiff -2- McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv(a)mwn.com Attorneys for Plaintiff MARK D. VANHOY Plaintiff V. HEATHER A. VANHOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS - QOPY ClULL"- IN DIVORCE COMPLAINT IN DIVORCE COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Mark D. VanHoy, who currently resides at 122 Village Square Drive, Shermans Dale, Perry County, Pennsylvania. 2. Defendant is Heather A. VanHoy, who currently resides at 506 Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 21, 2002, at Harrisburg, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. B. Section 3301(d): The marriage of the parties is irretrievably broken. Plaintiff and Defendant separated on March 5, 2005. After March 5, 2007, Mark D. VanHoy intends to file an Affidavit alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken, and he anticipates that Defendant will not deny that the parties have been separated for a period of at least two years and that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. -2- WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. McNEES WALLACE & NURICK LLC By-Lkl'tL ? - amela L. Purdy Attorneys for Plaintiff Dated: 1 Cat k 31, looS- -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dated: Tj D T-Z C ? w q? 1 ? L7 i _ a .. L7 C a McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy--)mwn.com Attorneys for Plaintiff MARK D. VANHOY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. HEATHER A. VANHOY, Defendant NO. 05-2849 Civil Term IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Heather A. VanHoy, by certified mail, restricted delivery-, return receipt requested on June 2, 2005. See Exhibit "A" attached. The Complaint in Divorce was received and signed for by the Defendant on June 4, 2005. The original of the return receipt is attached hereto as Exhibit "B". McNEES WALLACE & NURICK LLC By Pamela L. Purdy u Dated: June 7, 2005 Attorneys for Plaintiff 7160 3901 9848 7302 2219 TO: Heather A. Vanhoy 506 Bedford Court Mechanicsburg, PA 17050 SENDER: 244 REFERENCE: 23720-1 PS Form 3800. June 2000 RETURN Postage ,e 3 RECEIPT Certified Fee 3 SERVICE Return Receipt Fee f Restricted Delivery Total Postaae & Fees _ US Postal Service RK OR 0 Receipt for Certified Mail *5^, -.:arance Coverage Provided Use for International Mail EXHIBIT A 2. Article Number 7160 3EI01 OAO 7302 2214 3 Service Type CERTIFIED MAIL 1. resse of Heather A. Vanhoy 506 Bedford Court Mechanicsburg, PA 17050 A. Received by (Please Print Clearly) B. Dat of Delivery ; C. Signatur X 1 ??Q (f0 ?\? 1 tL?MAge essee It YES, enter delivery address JUN A , 705` 23720-1 244 PS Form 3811, July 2001 Domestic Return Receipt EXHIBIT B ? -r McNEES WALLACE & NURICK LLC Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy aamwn.com Attorneys for Plaintiff MARK D. VANHOY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2849 HEATHER A. VANHOY, Defendant CIVIL ACTION - LAW IN DIVORCE'. AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Heather A. VanHoy, Defendant herein, do hereby swear and affirm that have I accepted service of a true and correct copy of the Complaint in Divorce, in the above- captioned action on June N , 2005. 6?'ather A. VanHoy _ ?' rn r= cr) ^• T - W :a MARK D. VANHOY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2849 HEATHER A. VANHOY, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO SUBSTITUTE COUNSEL TO THE PROTHONOTARY: Please enter the appearance of Pamela L. Purdy, Esquire for Plaintiff Mark D. VanHoy, and withdraw the appearance of McNees Wallace and Nurick LLC, as counsel for the Plaintiff in the above captioned action. elv P I H J. cNees allac Nurick LLC 100 Pin et PO Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorney I.D. #53148 P" , " ?' ?' Pa ela L. Purdy, Esquire 115 Pine Street Harrisburg, PA 17101 (717)221-8303 Attorney I.D. #85783 Date: 'j L Date: J P b CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Gail Guida Souders, Enquire Guida Law Offices, P.C. 111 Locust Street Harrisburg, PA 17101 Dated:. /,;/> d / 0 ca r 1 .v (D Pamela L. Purdy, Esquire Attorney I.D. No. 85783 308 N. 2"d St., Ste. 200 PO Box 1 1 544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Attorney for Plaintiff MARK D. VANHOY, Plaintiff V. HEATHER A. VANHOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2849 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 1, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. MARK D. VANHOY Dated: vvUU 1 r _r: r Pamela L. Purdy, Esquire Attorney I.D. No. 85783 308 N. 2nd St., Ste. 200 PO Box 1 1 544 Harrisburg, PA 17108 (717) 221-8303 tel (717) 221-8403 fax plpurdy@verizon.net Counsel for Plaintiff MARK D. VANHOY, Plaintiff V. HEATHER A. VANHOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2849 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. MARK D. VANHOY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS CIVIL ACTION - DIVORCE HEATHER A. VANHOY Defendant : NO. 05-2849 AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 1, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed form the date of filing and service of Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATEC>V. -Of eat er A. n Coy r-3 YN. J - _ S"k MARK D. VANHOY Plaintiff VS HEATHER A. VANHOY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 05-2849 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until the Court enters a divorce decree and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. 4 DATE -? U2 Heather A. an oy C? CIO • Vii" ??+ ? 16 Pamela L. Purdy Attorney ID No. 85783 308 N. 2°d Street Suite 200 PO Box 11544 Harrisburg, PA 17108 (717) 221-8303 (717) 221-8403 facsimile pipurdy@verizon.net Attorney for Plaintiff MARK D. VANHOY, Plaintiff V. HEATHER A. VANHOY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2849 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: June 2, 2005, U.S. Mail, first class, certified, restricted delivery, postage prepaid; Proof of Service was signed on June 7, 2005, and filed with the Court on June 8, 2005. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: 3/21/08 By Defendant: 4/4/08 4. Related claims pending: None. * t ? 5. Date Plaintiffs Waiver of Notice was filed with the Prothonota April 1, 2008. Date Defendant's Waiver of Notice was filed i rywith the Prothonotary: April 14, 2008. Respectfully submitted, Date: ` / 700'K Pamela L. Purdy -2- CERTIFICATE OF SERVICE The undersigned certifies that on the IS+- day of May, 2008, a true and correct copy of the foregoing Praecipe to Transmit Record was served by first- class mail, postage prepaid, upon the following: Gail Guida Souders, Esquire Guida Law Offices 1 1 1 Locust St. Harrisburg, PA 17101-1454 Pamela L. Purdy, Esquire Of Counsel for Plaintiff -3- "f' C,11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STA'T'E OF ? PENNA. MARK D. VANHOY Plaintiff No. 05-2849 VERSUS HEATHER A. VANHOY't Defendant DECREE IN DIVORCE AND NOW, N?g.V W 2008 IT IS ORDERED AND DECREED THAT Mark D. Vanhoy PLAINTIFF, AND Heather A. Vanhoy , 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. BY THE COURT: PROTHONOTARY ' w -"-4j ? ?> 1 MARK D. VANHOY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2849 CIVIL TERM HEATHER A. VANHOY, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ARTICLE 1 - PREAMBLE This Qualified Domestic Relations Order entered in Cumberland County, this _ day of June, 2008, pursuant to Pennsylvania State, Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA") provides for the disposition of all or part of moneys due to Mark D. Vanhoy (the "Participant") under the qualified plan(s) described in Article III and grants Heather A. Vanhoy (the "Alternate Payee") rights in such Plan(s) on the terms set forth in this Order. ARTICLE II - STATUS OF ORDER It is intended by this Court for this Order to constitute a "Qualified Domestic Relations Order," section 414(p) of the Internal Revenue Code of 1986, section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, and the Retirement Equity Act of 1984, as amended. ARTICLE III - QUALIFIED PLAN AFFECTED BY ORDER This Order applies to the Team Rahal of Silver Spring NADART Salary Deferral 401(k) Plan (the "Plan"). ARTICLE IV - JURISDICTION This Court finds that it has jurisdiction over the parties and the Plan subject to this Order. This Court further specifically retains jurisdiction over these parties and Plan to establish or maintain this Order as a Qualified Domestic Relations Order. ARTICLE V - LIMITATIONS ON THIS ORDER Nothing in this Order requires and this Order shall not be construed to require the Plan: (A) to provide any type of form of benefits or any option, not otherwise provided under the Plan; (B) to provide benefits to the Alternate Payee which are required to be paid to another alternate payee under an order previously determined to be a Qualified Domestic Relations Order with respect to the Plan. .r ..-14. ARTICLE VI - PERSONAL INFORMATION The name, mailing address, Social Security number, marriage and divorce date of the Participant: Mark D Vanhov 4138 Kittatinny Drive Mechanicsburg Pennsylvania 17050 Social Security Number is 235-25-0990 Date of Marriage: September 21, 2002. Date of Divorce: The name, mailing address, Social Security Number, relationship to Participant, and birth date of the Alternate Payee: Heather A Vanhov 506 Bedford Court, Mechanicsburg, Pennsylvania 17050 Social Security Number is 181-64-1373 Relationship to Participant: Spouse Birth Date: January 16. 1970 ARTICLE VII - DETERMINATION OF ALTERNATE PAYEE'S INTEREST IN THE SAVINGS PLAN AND FORM OF PAYMENT From the benefits that would otherwise be payable to the Participant, the plan shall pay to the Alternate Payee the amount of $8,257 from the Participant's account under the Plan. The Participant's respective vested account balances under the Plan shall be reduced by the amount required to be paid to the Alternate Payee determined as of the above mentioned date. The Alternate Payee may elect any form of distribution available under the terms of the plan document and applicable law as they exist at the time distribution is elected. ARTICLE VIII - EFFECT OF DEATH OF PARTICIPANT The Participant's death prior to the Alternate Payee's receipt of benefits from the Plan pursuant to this Order, shall not decrease the amount of benefits payable to the Alternate Payee pursuant to this Order. Presiding Judge L? A orney for Participant ,/U VAI Q-.S?CQ Attorney for Alternate Payee Date 2 Date ? " /,--/ ~oe Date MARK D. VANHOY, Plaintiff V. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2849 CIVIL TERM HEATHER A. VANHOY, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ARTICLE I - PREAMBLE This Qualified Domestic Relations Order entered in Cumberland County, this _ day of June, 2008, pursuant to Pennsylvania State, Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA") provides for the disposition of all or part of moneys due to Mark D. Vanhoy (the "Participant") under the qualified plan(s) described in Article III and grants Heather A. Vanhoy (the "Alternate Payee") rights in such Plan(s) on the terms set forth in this Order. ARTICLE II - STATUS OF ORDER It is intended by this Court for this Order to constitute a "Qualified Domestic Relations Order," section 414(p) of the Internal Revenue Code of 1986, section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, and the Retirement Equity Act of 1984, as amended. ARTICLE 111- QUALIFIED PLAN AFFECTED BY ORDER This Order applies to the Team Rahal of Silver Spring NADART Salary Deferral 401(k) Plan (the "Plan"). ARTICLE IV - JURISDICTION This Court finds that it has jurisdiction over the parties and the Plan subject to this Order. This Court further specifically retains jurisdiction over these parties and Plan to establish or maintain this Order as a Qualified Domestic Relations Order. ARTICLE V - LIMITATIONS ON THIS ORDER Nothing in this Order requires and this Order shall not be construed to require the Plan: (A) to provide any type of form of benefits or any option, not otherwise provided under the Plan; (B) to provide benefits to the Alternate Payee which are required to be paid to another alternate payee under an order previously determined to be a Qualified Domestic Relations Order with respect to the Plan. ARTICLE VI - PERSONAL INFORMATION The name, mailing address, Social Security number, marriage and divorce date of the Participant: Mark D Vanhov 4138 Kittatinny Drive Mechanicsburg Pennsylvania 17050 Social Security Number is 235-25-0990 Date of Marriage: September 21, 2002 Date of Divorce: The name, mailing address, Social Security Number, relationship to Participant, and birth date of the Alternate Payee: Heather A Vanhov 506 Bedford Court Mechanicsburg Pennsylvania 17050 Social Security Number is 181-64-1373 Relationship to Participant: Spouse Birth Date: January 16, 1970 ARTICLE VII - DETERMINATION OF ALTERNATE PAYEE'S INTEREST IN THE SAVINGS PLAN AND FORM OF PAYMENT From the benefits that would otherwise be payable to the Participant, the plan shall pay to the Alternate Payee the amount of $8,257 from the Participant's account under the Plan. The Participant's respective vested account balances under the Plan shall be reduced by the amount required to be paid to the Alternate Payee determined as of the above mentioned date. The Alternate Payee may elect any form of distribution available under the terms of the plan document and applicable law as they exist at the time distribution is elected. ARTICLE Vlll - EFFECT OF DEATH OF PARTICIPANT The Participant's death prior to the Alternate Payee's receipt of benefits from the Plan pursuant to this Order, shall not decrease the amount of benefits payable to the Alternate Payee pursuant to this Order. Presiding Judge A orney for Participant Attorney for Alternate Payee Date .11A -.07 1220cX' Date ? - /`Date .0 -Vft MARK D. VANHOY, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2849 CIVIL TERM HEATHER A. VANHOY, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ARTICLE I - PREAMBLE This Qualified Domestic Relations Order entered in Cumberland County, this , day of June, 2008, pursuant to Pennsylvania State, Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA") provides for the disposition of all or part of moneys due to Mark D. Vanhoy (the "Participant") under the qualified plan(s) described in Article III and grants Heather A. Vanhoy (the "Alternate Payee") rights in such Plan(s) on the terms set forth in this Order. ARTICLE II - STATUS OF ORDER It is intended by this Court for this Order to constitute a "Qualified Domestic Relations Order," section 414(p) of the Internal Revenue Code of 1986, section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, and the Retirement Equity Act of 1984, as amended. ARTICLE III - QUALIFIED PLAN AFFECTED BY ORDER This Order applies to the Team Rahal of Silver Spring NADART Salary Deferral 401(k) Plan (the "Plan"). ARTICLE IV - JURISDICTION This Court finds that it has jurisdiction over the parties and the Plan subject to this Order. This Court further specifically retains jurisdiction over these parties and Plan to establish or maintain this Order as a Qualified Domestic Relations Order. ARTICLE V - LIMITATIONS ON THIS ORDER Nothing in this Order requires and this Order shall not be construed to require the Plan: (A) to provide any type of form of benefits or any option, not otherwise provided under the Plan; (B) to provide benefits to the Alternate Payee which are required to be paid to another alternate payee under an order previously determined to be a Qualified Domestic Relations Order with respect to the Plan. ARTICLE VI - PERSONAL INFORMATION The name, mailing address, Social Security number, marriage and divorce date of the Participant: Mark D. Vanhov, 4138 Kittatinny Drive, Mechanicsburg, Pennsylvania 17050 Social Security Number is 235-25-0990 Date of Marriage: September 21, 2002. Date of Divorce: The name, mailing address, Social Security Number, relationship to Participant, and birth date of the Alternate Payee: Heather A. Vanhov, 506 Bedford Court, Mechanicsburg, Pennsylvania 17050 Social Security Number is 181-64-1373 Relationship to Participant: Spouse Birth Date: January 16, 1970 ARTICLE VII - DETERMINATION OF ALTERNATE PAYEE'S INTEREST IN THE SAVINGS PLAN AND FORM OF PAYMENT From the benefits that would otherwise be payable to the Participant, the plan shall pay to the Alternate Payee the amount of $8,257 from the Participant's account under the Plan. The Participant's respective vested account balances under the Plan shall be reduced by the amount required to be paid to the Alternate Payee determined as of the above mentioned date. The Alternate Payee may elect any form of distribution available under the terms of the plan document and applicable law as they exist at the time distribution is elected. ARTICLE VIII - EFFECT OF DEATH OF PARTICIPANT The Participant's death prior to the Alternate Payee's receipt of benefits from the Plan pursuant to this Order, shall not decrease the amount of benefits payable to the Alternate Payee pursuant to this Order. Presiding Judge Date JIAA-P 20 A orney for Participant Date T Attorney for Alternate Payee Date PAMELA L. PURDYI ATTORNEY AT LAW pipurdy@purdylawqffice.com 308 N. 2nd Street, Suite 200 1 P.O. Box 11544 1 Harrisburg, Pennsylvania 17108 P (717) 221-8303 1 F (717) 221-8403 June 23, 2008 Cumberland County Court Adminstrator's Office C/O Jamie Mitchell Cumberland Ciii. it C_uurtl,ouse One Courthouse Square Carlisle, PA 17013-3387 Re: Vanhoy v. Vanhoy No: 05-2849 In Divorce Dear Ms. Mitchell: As per our telephone conversation enclosed please find an original and two copies of the Qualified Domestic Relations Order in the above- referenced matter. As per Judge Ebert's request please forward this to him for his execution. Thank you for your attention to this matter. Please call with any questions or concerns. Very truly yours, pya?,_ Pamela L. Purdy PLP/apa Enclosures cc: Gail Guida Souders, Esquire (w/o enc.) Mark D. Vanhoy (w/o enc.) t?- PAMELA L. PURDYI ATTORNEYAT LAW pipurdy@purdylawoffice.com 308 N. 2nd Street, Suite 200 i P.O. Box 11544 i Harrisburg, Pennsylvania 17108 P (717) 221-8303 i F (717) 221-8403 June 2, 2008 Cumberland County Prothonotary's Office Attn: Curt Long Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Vanhoy v. Vanhoy No: 05-2849 In Divorce Dear Mr. Long: Enclosed for execution as an Order the Court is a Qualified Domestic Relations Order in the above-captioned matter. Both parties have reviewed and approved this Qualified Domestic Relations Order and it is pursuant to their Marital Settlement Agreement, a copy of which I have enclosed for the judge's review. Judge Ebert has previously been assigned to this matter. Please forward these documents to his attention. Thank you for your attention to this matter. Please call with any questions or concerns. Very truly yours, Palr? e, w Pamela L. Purdy PLP/apa Enclosures cc: Gail Guida Souders, Esquire (w/o enc.) Mark D. Vanhoy (w/o enc.) 9W as 2008f,,- MARK D. VANHOY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-2849 CIVIL TERM HEATHER A. VANHOY, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ARTICLE I - PREAMBLE This Qualified Domestic Relations Order entered in Cumberland County, this _ day of April, 2008, pursuant to Pennsylvania State, Section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA") provides for the disposition of all or part of moneys due to Mark D. Vanhoy (the "Participant") under the qualified plan(s) described in Article III and grants Heather A. Vanhoy (the "Alternate Payee") rights in such Plan(s) on the terms set forth in this Order. ARTICLE II - STATUS OF ORDER It is intended by this Court for this Order to constitute a "Qualified Domestic Relations Order," section 414(p) of the Internal Revenue Code of 1986, section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, and the Retirement Equity Act of 1984, as amended. ARTICLE III - QUALIFIED PLAN AFFECTED BY ORDER This Order applies to the Team Rahal of Silver Spring NADART Salary Deferral 401(k) Plan (the "Plan"). ARTICLE IV - JURISDICTION This Court finds that it has jurisdiction over the parties and the Plan subject to this Order. This Court further specifically retains jurisdiction over these parties and Plan to establish or maintain this Order as a Qualified Domestic Relations Order. ARTICLE V - LIMITATIONS ON THIS ORDER Nothing in this Order requires and this Order shall not be construed to require the Plan: (A) to provide any type of form of benefits or any option, not otherwise provided under the Plan; (B) to provide benefits to the Alternate Payee which are required to be paid to another alternate payee under an order previously determined to be a Qualified Domestic Relations Order with respect to the Plan. ARTICLE VI - PERSONAL INFORMATION The name, mailing address, Social Security number, marriage and divorce date of the Participant: Mark D Vanhoy, 4138 Kittatinny Drive Mechanicsburg, Pennsylvania 17050 - Social Security Number is 235-25-0990 Date of Marriage: September 21, 2002 Date of Divorce: The name, mailing address, Social Security Number, relationship to Participant, and birth date of the Alternate Payee: Heather A Vanhoy, 506 Bedford CourtMechanicsburg Pennsylvania 17050 Social Security Number is 181-64-1373 - - Relationship to Participant: Spouse Birth Date: January 16, 1970 ARTICLE VII - DETERMINATION OF ALTERNATE PAYEE'S INTEREST IN THE SAVINGS PLAN AND FORM OF PAYMENT From the benefits that would otherwise be payable to the Participant, the plan shall pay to the Alternate Payee the amount of $8,257 from the Participant's account under the Plan. The Participant's respective vested account balances under the Plan shall be reduced by the amount required to be paid to the Alternate Payee determined as of the above mentioned date. The Alternate Payee may elect any form of distribution available under the terms of the plan document and applicable law as they exist at the time distribution is elected. ARTICLE VIII - EFFECT OF DEATH OF PARTICIPANT The Participant's death prior to the Alternate Payee's receipt of benefits from the Plan pursuant to this Order, shall not decrease the amount of benefits payable to the Alternate Payee pursuant to this Order. Presiding Judge Date Attorney for Participant Date Attorney for Alternate Payee Date R -J" i 481Y1,,„? P MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this 215' day of G? , 2001 by and between MARK D. VANHOY, 4138 Kittatinny Drive, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter referred to as "Husband"), and Heather A. Vanhoy, 506 Bedford Court, Mechanicsburg County, Pennsylvania (hereinafter referred to as "Wife"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 21, 2002 at Mechanicsburg, Pennsylvania, and are the parents of the following child: Name Date of Birth Drew William Vanhoy September 6, 2005 WHEREAS, the parties separated on March 5, 2005; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Gail Guida Souders, Esquire, for Wife, and Pamela L. Purdy, Esquire, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been.fully advised by his or her respective aftomey of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, -2- make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. . 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by a court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment, which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband has filed an action for divorce in Cumberland County, Pennsylvania to 05-2849. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. -4- 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they were the joint owners of that certain house and lot and all improvements thereupon situated at 3588 Golfview Drive, Mechanicsburg, PA (the "Marital Home"). The parties have since sold the Marital Home and have divided the net proceeds from the sale of the Marital Home to their mutual satisfaction. 5.2. Personal Property. Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, fumiture, fumishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever abandon any claims that either may have with respect to the above items, which shall hereafter be the sole and exclusive property of the other, after the final transfer of the above-listed items. 5.3. Husband's Rahal 401(k) Account. The parties acknowledge that Husband is the owner of a 401(k) account held by his employer, Bobby Rahal Acura. The parties agree that Husband will transfer $8,257 to Wife from his Rahal 401(k) account pursuant to a Qualified Domestic Relations Order. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to the remaining portion of Husband's Rahal 401(k) account. -5- 5.4. Wife's Foot Locker 401(k) Account. The parties acknowledge that Wife is the owner of a Foot Locker 401(k) account. Husband does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to Wife's Foot Locker 401(k) account. 5.5. Husband's Wachovia Securities IRA. The parties acknowledge that Husband is the owner of a Wachovia Securities IRA. Wife does hereby set over, transfer and assign to Husband all of her right, title, claim and interest in and to Husband's Wachovia Securities IRA. 5.6. Debt to Husband's Parents. The parties acknowledge that they borrowed $2,500 from Husband's parents during the marriage, and still owed $2,200 to Husband's parents as of the date of separation. Husband hereby assumes this debt as his sole obligation and will indemnify and hold Wife harmless against any and all liability stemming from said obligation. 5.7. Credit Card Debt. The parties acknowledge that they incurred credit card debt in their separate names during the marriage. The parties agree to be responsible for the credit card debt held in his or her separate name, and to indemnify and hold the other party harmless against any and all liability stemming from said credit card debt. 5.8. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any -6- insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.9. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.10. Consideration of Equitable Distribution in Future Hearings. The parties specifically acknowledge their intent that all transfers of property, including any increase in value of these assets, shall be excluded from income and shall not be given any consideration whatsoever in any proceeding involving the payment of child support, spousal support, alimony pendente lite, maintenance or alimony. The parties acknowledge that the distributions under this paragraph are for equitable distribution of assets and that utilizing these assets or any increase in value of these assets in any manner in the calculation of income is inappropriate. 5.11. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all of the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any -7- claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.12. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information -8- relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. 5.13. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.14. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.15. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against -9- any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.16. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts that provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.17. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as -10- belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement 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. 6. RELEASE OF SUPPORT AND ALIMONY: ACKNOWLEDGMENT OF ADEQUACY. The parties herein acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims, which they -11- may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. It shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 8. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights that said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. -12- 10. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 11. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 13. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Heather A. Vanhoy 506 Bedford Court Mechanicsburg, PA 17050 and to Husband, if made or addressed to the following: Mark D. Vanhoy 4138 Kittatinny Drive Mechanicsburg, PA 17050 -13- Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 16. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties affect a reconciliation, cohabit as Husband and Wife or attempt to affect a 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 execute a statement declaring this Agreement or any term of this Agreement to be null and void. 17. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their -14- respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 21. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies -15- COMMONWEALTH OF PENNSYLVANIA COUNTY OF by'M JIClod BEFORE ME, the undersigned authority, on this day personally appeared HEATHER A. VANHOY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of F , 2005. NOVA" am am W=W*A%6ft No" PWAC 4iA/RMAG Of. OMPM COWM Of CpwameWn Wren Oct 11, 2010 Notary Public -17- COMMONWEALTH OF PENNSYLVANIA COUNTY OF I'VA BEFORE ME, the undersigned authority, on this day personally appeared MARK D. VANHOY, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day Of 64N,--, 2001.9 L TH Notarial Seal Pamela L Purdy, Notary Public City Of Harrisburg, Dauphin County My Commission Expires June 19, 2010 Member, Pennsvlvania, Association of Notaries -18- >: cr% 1 i s LO i1- ? ° " ?""3 .l 1 L1 1lre LL ra-> N