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HomeMy WebLinkAbout06-2318LEE A. PERLSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW I NO. O(o- a31? ?iUtl?'' IOLIE A. MARSICANO, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Cumberland, Pennsylvania: IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 LEE A.PERLSTEIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW :NO. U(o JOLIE A. MARSICANO, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, LEE A. PERLSTEIN, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, JOLIE A. MARSICANO, upon the grounds hereinafter setforth: Plaintiff is LEE A. PERLSTEIN, an adult individual, residing at 120 North 25cr' Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is JOLIE A. MARSICANO, an adult individual, residing at 120 North 25th Street, Camp Hill, Cumberland County, Pennsylvania. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 1994 in North Hollywood, Los Angeles County, California. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of United States of America. 7. The Defendant is not a member of the Armed Services of the United States. 8. The Plaintiff has been advised of the availability of marriage counseling and understands that he may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff, LEE A. PERLSTEIN, respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. Respectfully submitted, DATED: P,?? 4??4 - , -6-s Robert B. Lieberman, Esquire 500 N. Third Street, 12`x' Floor P.O. 1004 Harrisburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. DATED: Lee A. Perlstein, Plaintiff ? ? c c: ? ? ? -- ,? `? LEE A. PERLSTEIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVH, ACTION - LAW : NO. 06-2318 CIVIL TERM JOLIE A. MARSICANO, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Robert B. Lieberman, Esquire, attorney for Plaintiff, LEE A. PERLSTEIN, do hereby certify that a time-stamped copy of the Complaint in Divorce filed in the Prothonotary's Office of Cumberland County on April 25, 2006 in the above matter was hand delivered to Defendant, JOLIE A. MARSICANO, at 500 North 3rd Street, 12d' Floor, Harrisburg, Pennsylvania, on April 28, 2006 at 1:00 P.M. 1*4!1 r 3, La-6 Dated Robert B. Lieberman, Esquire 500 North Third Street, 120' Floor P.O. Box 1004 Harrisburg, PA 17108-1004 Attorney for Plaintiff LEE A. PERLSTEIN, Plaintiff V. JOLIE A. MARSICANO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2318 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION TO SET ASIDE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF APRIL 28, 2006 AND NOW, this the 18th day of July, 2006, comes the Petitioner, Jolie A. Marsicano, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Pettion to Set Aside Separation and Property Settlement Agreement of April 28, 2006, and in support thereof avers as follows: 1. Petitioner, Jolie A. Marsicano, is an adult individual currently residing at 120 N. 25" Street, Camp Hill, Pennsylvania, 17011. 2. The Respondent, Lee A. Perlstein, is an adult individual formally residing at 120 N. 25"' Street, Camp Hill, Pennsylvania, currently believed to be residing in California. He is represented by Robert B. Lieberman, Esquire in this Divorce action. 3. The parties were married on October 23, 1994, in North Hollywood, Los Angelos, California. 4. There are no children of this marriage. 5. On or about April 28, 2006, Lee A. Perlstein approached Petitioner and advised her that he wished to divorce and he handed her several pieces of paper with certain financial figures and some calculations for a proposed property settlement distribution. 6. Respondent had previously discussed the possibility of separating on one or two occasions during the six months prior to this incident, but he never indicated to Wife that he was going to file for a divorce nor had any detailed asset distribution ever been discussed. 7. On April 28, 2006,Petitioner Wife was in shock and while she was looking at Husband's notes/papers, Respondent, Lee A. Perlstein, informed her that he made an appointment with an attorney and that they only needed one lawyer and she needed to go immediately with him to the attorney's office within the next 20 minutes. 8. Petitioner reluctantly went with her Respondent Husband to the law office of his legal counsel, where she was presented with a SEPARATION AND PROPERTY SETTLEMENT AGREEMENT that had been previously prepared by Respondent and his Attorney. 9. Respondent's counsel briefly discussed certain sections of the Separation and Property Settlement Agreement with Petitioner. 10. Petitioner was extremely upset and crying at different times during the meeting and at her Husband's urging, she signed the Separation and Property Settlement Agreement without even reading it in its entirety. A true and correct copy of the Separation and Property Agreement of April 28, 2006 is attached here to as Petitioner's Exhibit No. 1. 11. At the same time she was meeting with Respondent Husband and his counsel, she was served with a time stamped copy of the Divorce Action.her Husband had filed on April 25, 2006. This was the first time she was informed that Respondent had already filed a Divorce action against her. 12. The Separation and Property Settlement Agreement specifically provides that the parties are intending to divide all their real estate and personal property and financial assets, and contains numerous other provisions wherein Petitioner Wife is waiving rights, including but not limited to additional asset distribution, spousal support, APL, Alimony, counsel fees, costs, and expenses. 13. Paragraph 28 of the Agreement entitled Financial Disclosure specifically provides "the parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this agreement". At no time, prior to the execution of this agreement did the Respondent, Lee A. Perlstein, provide Petitioner with accurate financial disclosure of his retirement assets accumulated during the marriage or give her any accurate or substantial disclosure of numerous other financial assets that he had sole control of during the parties marriage, including the disposition of the proceeds from the sale of their prior marital residence in New York state. 14. Respondent, Lee A. Perlstein, also gave Petitioner inaccurate information regarding the equity in the marital residence located at 120 North 25 h Street, Camp Hill, Pennsylvania. 15. On April 28,2006 at the time of the presentation and execution of the Separation and Property Settlement Agreement, Petitioner, Wife, was not represented by legal counsel. 16. At the time of presentation and execution of the Separation and Property Settlement Agreement, Petitioner, Wife, was under extreme duress and stress and was never afforded an opportunity to thoroughly review the document prior to executing the same. 17. At the time of presentation and execution of the Separation and Property Settlement Agreement, Petitioner, did not have full disclosure or full knowledge of the marital assets that were solely within the control of Respondent Husband, including but not limited to his 401 k and other retirement assets that he solely retained under the terms of the Separation and Property Settlement Agreement. 18. The Separation and Property Settlement Agreement was not knowingly, voluntarily, or intelligently entered into by Petitioner, Jolie A. Marsicano and the Respondent, Lee A. Perlstein, berated, and otherwise coerced her into signing the Separation and Property Settlement Agreement without having an opportunity to receive any disclosure of all of the marital assets and without even having sufficient time to review and read the Separation and Property Settlement Agreement in its entirety before executing the same. 19. Petitioner was not represented by any legal counsel prior to or at the time of execution of the Separation and Property Settlement Agreement, nor was she afforded and opportunity to take the document from Respondent's Attorney's office to personally review it or have it reviewed by a lawyer of her choosing prior to executing the same. 20. In May of 2006, Respondent arranged for Petitioner to refinance the mortgage on the marital residence in to her sole name and took her to the settlement where he received a check in the amount of $81,000.00 from the refinancing prodeeds. 21. Respondent Husband left the refinancing settlement with the $81,000.0 and immediately traveled to California that same day. 22. The Separation and Property Settlement Agreement of April 28, 2006, was not voluntarily, knowingly, or intelligently entered into by Petitioner, Jolie A. Marsicano, and great duress and stress was placed upon her by Respondent, Lee A. Perlstein, to execute the document, which was drafted in his favor and against the interests of Petitioner and the Agreement should be declared invalid, void and set aside, so that Petitioner, Jolie A. Marsicano, can proceed with Equitable Distribution and the other counts under the Divorce action by commenced by Respondent' as raised in her Answer and Counterclaim filed this same date. WHEREFORE, Petitioner, Jolie A. Marsicano, respectfully requests this Honorable Court declare the Separation and Property Settlement Agreement of April 28'2006, void and invalid, and determine it to be illegal since Petitioner lacked the knowledge sufficient to form a knowing, intelligent or informed decision to execute the document, and because she was not represented by counsel, or afforded the opportunity to seek counsel prior to executing the document. It is inequitable to permit the document to stand when Respondent filed a Divorce Action without notifying his Wife and then drove her to his lawyer's office at which time she was presented for the first time with the completed Separation and Property Settlement Agreement and requested to sign the same, and did so at that meeting without being afforded a full financial disclosure and/or a complete opportunity to review the document in its entirety, and grant any further relief this Court deems appropriate. submitted Joanne Harrison Clou Atty I.D. No. 36461 24 N. 32nd Street Camp Hill, PA 17011 Tele. 717-737-5890 CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Robert B. Lieberman, Esquire 500 North Third Street Twelfth Floor P.O. Box 1004 Harrisburg, PA 17108-1004 Date: '- 0 ?0 Joanne Harrison Clough, Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant VERIFICATION I, .Jobe A. Marsicano, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: 60" Jolie A. Marsicano E YH1617" 1 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 2 day of , 2006, by and between LEE A. PERLSTEIN, now of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", -AND- JOLIE A. MARSICANO, now of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 23, 1994, in North Hollywood, Los Angeles County, California; and WHEREAS, no children were born of the marriage: and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another and are desirous, therefore, of entering into an Agreement which is considered to be an equal division of all joint property and will provide for their mutual responsibilities and rights growing out of the marriage relationship. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt 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. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Divorce in Cumberland County, Pennsylvania, on April 25, 2006 docketed to No. 06-2318 Civil - Term claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband and Wife hereby express their agreement that the marriage is irretrievably broken and each express their intent, following the ninety (90) day waiting period, to execute any and all affidavits, waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. -2- Should a decree, judgment, order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, divorce or order of separation or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, order of separation or divorce. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment or decree and to be forever binding and conclusive upon the parties. 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the parry last executing this Agreement. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him, except as otherwise set forth herein. Wife represents and warrants to Husband that she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her, except as otherwise set forth herein. 5. MUTUAL RELEASES. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and 'discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any and all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. Further, each parry does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY Except for the LCD HD TV, all computers (except IBM Laptop computer), all music CDs, stereo (with components) and Samsung Laser printer which Husband shall remove from the marital residence within ninety (90) days following the execution of the within Agreement, the parties hereto -4- mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The parties mutually agree that Wife shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in her possession and that Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the tangible personal property in Wife's possession. The parties further agree that Husband shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his possession and that Wife hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the tangible personal property in Husband's possession. 7. VEHICLES. Wife shall retain possession and ownership of the 1995 Jeep Wrangler and the 1980 TR7 Triumph presently in her possession, free and clear of any claim, right, title or interest in said vehicles on the part of Husband. If necessary, Husband agrees to execute the titles transferring full ownership of said vehicles to Wife as soon as it may be accomplished by the parties. Husband shall retain possession and ownership of the 2000 Astro Van free and clear of any claim, right, title or interest in said vehicle on the part of Wife. If necessary, Wife agrees to execute the title transferring full ownership of said vehicles to Husband as soon as it may be accomplished by the parties. 8. PROPERTY SETTLEMENT Wife hereby agrees to pay to Husband, the sum of Eighty One Thousand ($81,000.00) Dollars, which sum Husband hereby agrees to accept as a full, complete and final property settlement between the parties. The aforesaid property settlement shall be paid to Husband contemporaneously with the transfer to Wife of the parties' marital residence referred to in Paragraph 9. -5- 9. REAL ESTATE The parties acknowledge that they jointly own a marital residence located at 120 North 25t" Street, Camp Hill, Cumberland County, Pennsylvania. Husband, contemporaneously with the execution of the within Agreement, shall execute a deed transferring all of his right, title and interest in and to the aforesaid marital residence to Wife. The aforesaid deed shall be held in escrow by Husband's attorney, ROBERT B. LIEBERMAN, ESQUIRE and delivered to Wife in exchange for the aforesaid property settlement payment. Wife shall immediately assume as her sole obligation all of the expenses incident to the use of the aforesaid marital residence including, without limitation, any and all mortgage payments, liens, taxes, liability and fire insurance, utilities, cable, phone, heating oil, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements and she further covenants and agrees to indemnify and hold Husband harmless from any such liabilities, obligations or expenses or any claims or demands as a result hereof. In the event Wife is unable to refinance the mortgage on the marital residence in order to pay Husband the property settlement set forth in Paragraph 8 hereinabove, Husband and Wife hereby agree to immediately place the marital residence for sale with a reputable real estate broker acceptable to both parties. Husband and Wife further covenant and agree to accept any offer in the amount of Two Hundred Seventy Five Thousand ($275,000.00) Dollars or higher and shall split the net proceeds from said sale equally. 10. TAX REFUND. Husband and Wife hereby agree to equally divide the federal and state (New York) tax refunds, following receipt thereof, which totals approximately Four Thousand Five Hundred ($4,500.00) Dollars. 11. SAVINGS AND CHECKING ACCOUNTS. Husband and Wife hereby agree that each of the parties shall retain possession and ownership of any savings and checking -6- . accounts which are presently in their respective names and the parties hereby waive, release, relinquish and abandon any and all claims which either of them may have in the savings or checking accounts in the other party's name. 12. SEPARATE ASSETS. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one or more of the parties hereto, the parry not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 13. RETIREMENT AND PENSION PLANS. Each of the parties shall retain as their sole, separate and exclusive property any and all pensions, retirement or 401(k) plans presently titled in their respective names free and clear of any claim, right, title or interest on the part of the other. 14. TRANSFERS SUBJECT TO EXISTING LIENS Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the lien or liens that may exist. The respective transferee of such property agrees to indemnify and save harmless the other parry from any claim or liability that such other parry may suffer or may be required to pay on account of such lien or encumbrance. 15. EQUITABLE DISTRIBUTION By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended -7- 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. It is the intention of the parties to treat all transfers herein as non-taxable. 16. ADVICE OF COUNSEL. Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advise of his and her selections; that Husband has been independently representative by counsel Robert B. Lieberman, Esquire, and Wife cognizant of her right to legal representation and after being advised of the need to obtain separate counsel, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of within Agreement. 17. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other parry any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such parties have any interest, the sources and the amount of the income of such party of every type whatsoever and of all the facts relating to the subject matter of this Agreement. 19. WAIVER OF RIGHTS. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under the Divorce Code, particularly the provisions for alimony, alimony pendente lite, equitable distribution of -8- marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 20. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effected only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. -9- * V 1 24. MACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to such other remedies or relief as may be available to him or her and the seek Party breaching this Agreement shall be responsible for payment of legal fees and costs incurred b the other in enforcing his or her rights under this Agreement or in seeking such other remedies or relief as may be available to him or her. 25. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then onl that term, condition, clause or provision shall be stricken from this Agreement any d in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS, This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. FINANCIAL DISCLOSURE. The parties confirm that each have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. -10- 1 M IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: -??? 0'?t AISEAL) LEE A. PERLSTEIN j O'k 0 - 0)2/44C?(SEAL) LIE A. MARSICANO -11- A ? COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ,tom Notary Pub COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL L FERGUSON, Notary Pubt CRy of Harrisburg, Dauphin County My Corrrmisaion Expires April 6, 2006 On this - day of A,° f'f t_ , 2006, before me, the undersigned officer, personally appeared LEE A. PERLSTEIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Notary Publ' 6 On this day of 2006, before me, the undersigned officer, personally appeared JOLIE A. MARSICANO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. ss. ss. COMMONWEALTH OF PENNSYLVANIA -12- NOTARIAL SEAL CHERYL L FERGUSON, Notary Public City of Harrisburg, Dauphin County My Canmission Expires April 6, 2008 +...? i....l ? ? _it ;..: __ _. 1. _. ._ ._.. LEE A. PERLSTEIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2318 CIVIL TERM JOLIE A. MARSICANO, : CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance to represent Defendant, Jolie A. Marsicano, in the above captioned action. lly submitted, HARRISON DATE: ? - I 0?0 Joanne'Miftison Clough, Attorney ID No.: 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 /' LEE A. PERLSTEIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2318 CIVIL TERM JOLIE A. MARSICANO, : CIVIL ACTION -LAW Defendant : IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE AND NOW, this 18th day of July, 2006, comes the Defendant, Jolie A. Marsicano, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Answer and Counterclaim to the Complaint in Divorce and in support thereof avers as follows: 1. Admitted in part. It is admitted that at the time of filing, Plaintiff, Lee A. Perlstein, resided at 120 North 25'b Street, Camp Hill, Cumberland County, Pennsylvania. However, in May of 2006, he relocated to California. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. It is specifically denied that the marriage is irretrievably broken. 11 10. Admitted in part, denied in part. It is admitted that Plaintiff requested the Court to enter a Decree in Divorce. It is specifically denied that a Divorce Decree should be entered at this time. WHEREFORE, Defendant, Jolie A. Marsicano, respectfully requests this Honorable Court to deny Plaintiff s request for a Decree in Divorce until the issues raised in her Counterclaim are resolved by the Court. COUNTERCLAIM EQUITABLE DISTRIBUTION Paragraphs 1-10 are incorporated by reference as if set forth in full here below. COUNT U EQUITABLE DISTRIBUTION 11. During the course of the parties' marriage they have acquired both real and personal property. 12. The parties have acquired marital debt during their marriage. 13. Plaintiff and Defendant may be unable to resolve amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt after a hearing. COUNT III ALIMONY PENDENTE LITE, ALIMONY. COUNSEL FEES. COSTS AND EXPENSES L By reason of this action, Jolie A. Marsicano, Counter-Plaintiff has incurred considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 2. The Counter-Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 3. Counter-Plaintiff's income is not sufficient to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation and she is unable to appropriately maintain herself during the pendency of this action. 4. Counter-Defendant, Lee A. Perlstein has adequate earnings to provide for the Counter-Plaintiffs support and to pay her counsel fees, costs and expenses. Counter-Plaintiff lacks sufficient property to provide for her reasonable needs. 6. Counter-Plaintiff is unable to support herself through appropriate employment. Counter-Defendant, Lee A. Perlstein has sufficient income and assets to provide continuing support for the Counter-Plaintiff, Jolie A. Marsicano. WHEREFORE, Counter-Plaintiff prays this Honorable Court enter an Order awarding Jolie A. Marsicano alimony, alimony pendente lite, counsel fees, expenses and costs. Respectfully submitted, JOANNE HARRISON CLOUGH, PC Date: e?' (g O? Joanne Harrison Clou Attorney ID No.: 3& 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Plaintiff r CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document by United States First Class Mail to the following individual set forth below: Robert B. Lieberman, Esquire 500 North Third Street Twelfth Floor P.O. Box 1004 Harrisburg, PA 17108-1004 Date: 1-(`6- C 0 Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant T VERIFICATION I, .Jobe A. Marsicano, hereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn verification to authorities. DATE: 60"- -C(O ?Q?-??2G 2J Jolie A. Marsicano r' ?> ?n u1 .., ... C, :? f - r. .. r. v:'? F° • { w_ C'a??-i ? cal JUL 2 0 2006 IN THE COURT OF COMMON PLEAS LEE A.PERLSTEIN, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. JOLIE A. MARSICANO, Defendant NO. 06-2318 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE M AND NOW, this /.y day of July, 2006, a Rule is hereby issued against Respondent, Lee A. Perlstein, to show cause, if any, why Petitoner, Jolie A. Marsicano's Petition to Set Aside the Separation and Property Settlement Agreement of April 28, 2006, should not be granted. Rule returnable within 9,0 days of date of service. BY THE COURT: zA, ?i1? LEE A. PERLSTEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 06-2318 JOLIE A. MARSICANO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 25, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. IPJJJ?__, DATED: / d- ?0/_ 66 t LEE A. ERLSTEIN, Plaintiff ?3 a C_ ,? ... F _ }' X ? T pp Y ?,.? ?S 1 r? ? ; ^"'? _, q'L1 ..?' Y^r LEE A. PERLSTEIN, Plaintiff V. JOLIE A. MARSICANO, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-2318 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 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 a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ?? DATED:-7/-2,/02 LEE A. PERLSTEIN, Plaintiff (`1 ra ra i? -7i z'? .r JOANNE HARRISON CLOUGH, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 3820 Market Street Camp Hill, PA 17011 Telephone: (717) 737-5890 LEE A. PERLSTEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2318 CIVIL TERM JOLIE A. MARSICANO, : CIVIL ACTION -LAW Defendant : IN DIVORCE MOTION TO WITHDRAW WITH PREJUDICE DEFENDANT'S PETITION TO SET ASIDE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT OF APRIL 28, 2006 AND NOW, this 17TH day of October, 2007 comes the Petitioner/Defendant Jolie A. Marsicano, by and through her attorney, Joanne Harrison Clough, Esquire, and respectfully files this Motion to Withdraw Defendant's Petition to Set Aside Separation and Property Settlement Agreement of April 28, 2006 and in support thereof avers as follows: 1. Petitioner/Defendant Jolie A. Marsicano is an adult individual who is represented by Joanne Harrison Clough, Esquire in this Divorce Action. 2. Respondent/Plaintiff Lee A. Perlstein is an adult individual who is represented by Robert B. Lieberman, Esquire in this Divorce Action. 3. July 20, 2006, Petitioner/Defendant Jolie A. Marsicano, by and through her attorney filed a Petition to Set Aside Separation and Property Settlement Agreement of April 28, 2006. .r 4. During the past year the parties have negotiated a resolution of this matter which resulted in increasing the Equitable Distribution award to Petitioner/Defendant Jolie A. Marsicano by providing her with a cash payment of $14,000.00 and awarding her the sum of $45,000.00 via a QDRO Order from Respondent/Plaintiff husband's 401K plan. 5. The parties have executed an Amendment to the Separation and Property Settlement Agreement of April 28, 2006. 6. Petitioner/Defendant Jolie A. Marsicano wishes to withdraw with prejudice her Petition to Set Aside the Separation and Property Settlement Agreement of April 28, 2006. 7. Respondent/Plaintiff Lee Perlstein concurs with this Motion. 8. This case has been previously assigned to Judge Merle L. Ebert, Jr. WHEREFORE, Petitioner/Defendant Jolie A. Marsicano, respectfully requests this Honorable Court to enter an Order granting her Motion to Withdraw with prejudice the Petition to Set Aside Separation and Property Settlement Agreement of April 28, 2006 she filed in July of 2006. Respectfully submitted JOANNE HARRISQgCfOUGH, PC DATE: Joann&-Har-nson Clough, squire Attorney ID No.: 36461 ` 3829 Market Street Camp Hill, PA 17011 (717) 737-5890 CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document on Plaintiff Lee A. Perlstein by hand delivery to his attorney, Robert B. Lieberman, Esquire on October 17, 2007. } Date: Jo -ison Clough, Attorney ID No. 36461 3 820 Market Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant -13 „1 SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this w9-. D day of , 2006, by and between LEE A. PERLSTEIN, now of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Husband", n -AND-_: JOLIE A. MARSICANO, now of Camp Hill, Cumberland County, Pennsylvani4;, erei after`.) referred to as "Wife", ' Y l WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 23, 1994, in North Hollywood, Los Angeles County, California; and WHEREAS, no children were born of the marriage: and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another and are desirous, therefore, of entering into an Agreement which is considered to be an equal division of all joint property and will provide for their mutual responsibilities and rights growing out of the marriage relationship. NOW, THEREFORE, in consideration of the premises and of the promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt 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. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to carry out the provisions of this agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 2. SUBSEQUENT DIVORCE. The parties hereby acknowledge that Husband has filed a Complaint in Divorce in Cumberland County, Pennsylvania, on April 25, 2006 docketed to No. 06-2318 Civil - Term claiming that the marriage is irretrievably broken under the no-fault, mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. Husband and Wife hereby express their agreement that the marriage is irretrievably broken and each express their intent, following the ninety (90) day waiting period, to execute any and all affidavits, waivers or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code. The parties hereby waive all rights to request Court-ordered counseling under the Divorce Code. Neither party to such action shall seek alimony or support contrary to the provisions of this Agreement. It is further specifically understood and agreed by the parties that the provisions of this Agreement relating to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. -2- Should a decree, judgment, order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, divorce or order of separation or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, order of separation or divorce. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment or decree and to be forever binding and conclusive upon the parties. 3. EFFECTIVE DATE. The effective date of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 4. DEBTS AND OBLIGATIONS. Husband represents and warrants to Wife that he has not, and in the future he will not, contract or incur any debt or liability for which Wife or her estate might be responsible and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him, except as otherwise set forth herein. -3- Wife represents and warrants to Husband that she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her, except as otherwise set forth herein. 5. MUTUAL RELEASES. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and 'discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or equity, which either of the parties ever had or now has against the other, except any and all cause or causes of action for divorce and except any or all causes of action for breach of any provisions of this Agreement. Further, each party does hereby remise, release, quitclaim and forever discharge the other and the estate of the other from any and every claim that each other may now have, or hereafter have or can have at any time, against the other, or in and to or against the other's estate, or any part thereof, whether arising out of any former contracts, engagements or liabilities of the other, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to take against each other's will, or for support or maintenance, or of any other nature whatsoever, except any rights accruing under this Agreement. 6. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. Except for the LCD HD TV, all computers (except IBM Laptop computer), all music CDs, stereo (with components) and Samsung Laser printer which Husband shall remove from the marital residence within ninety (90) days following the execution of the within Agreement, the parties hereto -4- mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them. The parties mutually agree that Wife shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in her possession and that Husband hereby releases and relinquishes any right, title or interest he may have had in the past or now has in the tangible personal property in Wife's possession. The parties further agree that Husband shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his possession and that Wife hereby releases and relinquishes any right, title or interest she may have had in the past or now has in the tangible personal property in Husband's possession. 7. VEHICLES. Wife shall retain possession and ownership of the 1995 Jeep Wrangler and the 1980 TR7 Triumph presently in her possession, free and clear of any claim, right, title or interest in said vehicles on the part of Husband. If necessary, Husband agrees to execute the titles transferring full ownership of said vehicles to Wife as soon as it may be accomplished by the parties. Husband shall retain possession and ownership of the 2000 Astro Van free and clear of any claim, right, title or interest in said vehicle on the part of Wife. If necessary, Wife agrees to execute the title transferring full ownership of said vehicles to Husband as soon as it may be accomplished by the parties. S. PROPERTY SETTLEMENT Wife hereby agrees to pay to Husband, the sum of Eighty One Thousand ($81,000.00) Dollars, which sum Husband hereby agrees to accept as a full, complete and final property settlement between the parties. The aforesaid property settlement shall be paid to Husband contemporaneously with the transfer to Wife of the parties' marital residence referred to in Paragraph 9. -5- 9. REAL ESTATE The parties acknowledge that they jointly own a marital residence located at 120 North 25th Street, Camp Hill, Cumberland County, Pennsylvania. Husband, contemporaneously with the execution of the within Agreement, shall execute a deed transferring all of his right, title and interest in and to the aforesaid marital residence to Wife. The aforesaid deed shall be held in escrow by Husband's attorney, ROBERT B. LIEBERMAN, ESQUIRE and delivered to Wife in exchange for the aforesaid property settlement payment. Wife shall immediately assume as her sole obligation all of the expenses incident to the use of the aforesaid marital residence including, without limitation, any and all mortgage payments, liens, taxes, liability and fire insurance, utilities, cable, phone, heating oil, sewer, water, refuse collection, assessments, proper maintenance, repairs, additions and improvements and she further covenants and agrees to indemnify and hold Husband harmless from any such liabilities, obligations or expenses or any claims or demands as a result hereof. In the event Wife is unable to refinance the mortgage on the marital residence in order to pay Husband the property settlement set forth in Paragraph 8 hereinabove, Husband and Wife hereby agree to immediately place the marital residence for sale with a reputable real estate broker acceptable to both parties. Husband and Wife further covenant and agree to accept any offer in the amount of Two Hundred Seventy Five Thousand ($275,000.00) Dollars or higher and shall split the net proceeds from said sale equally. 10. TAX REFUND. Husband and Wife hereby agree to equally divide the federal and state (New York) tax refunds, following receipt thereof, which totals approximately Four Thousand Five Hundred ($4,500.00) Dollars. 11. SAVINGS AND CHECKING ACCOUNTS. Husband and Wife hereby agree that each of the parties shall retain possession and ownership of any savings and checking -6- accounts which are presently in their respective names and the parties hereby waive, release, relinquish and abandon any and all claims which either of them may have in the savings or checking accounts in the other party's name. 12. SEPARATE ASSETS. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one or more of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. 13. RETIREMENT AND PENSION PLANS. Each of the parties shall retain as their sole, separate and exclusive property any and all pensions, retirement or 401(k) plans presently titled in their respective names free and clear of any claim, right, title or interest on the part of the other. 14. TRANSFERS SUBJECT TO EXISTING LIENS. Notwithstanding any other provisions in this document, all property transferred hereunder is subject to the lien or liens that may exist. The respective transferee of such property agrees to indemnify and save harmless the other party from any claim or liability that such other party may suffer or may be required to pay on account of such lien or encumbrance. 15. EQUITABLE DISTRIBUTION. By this Agreement the parties have intended to effect an equitable division of their jointly owned property. The parties have determined that an equitable division of such property conforms to a just and right standard, with due regard to the rights of each party. The division of existing marital property is not intended -7- 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. It is the intention of the parties to treat all transfers herein as non-taxable. 16. ADVICE OF COUNSEL. Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advise of his and her selections; that Husband has been independently representative by counsel Robert B. Lieberman, Esquire, and Wife cognizant of her right to legal representation and after being advised of the need to obtain separate counsel, declares that it is her express, voluntary and knowing intention not to avail herself of her right to counsel and chooses instead to represent herself with respect to the preparation and execution of within Agreement. 17. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 18. VOLUNTARY EXECUTION. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such parties have any interest, the sources and the amount of the income of such party of every type whatsoever and of all the facts relating to the subject matter of this Agreement. 19. WAIVER OF RIGHTS. The parties hereto have been informed of their rights or have been advised to seek counsel to inform them of their rights under the Divorce Code, particularly the provisions for alimony, alimony pendente lite, equitable distribution of -8- marital property, counsel fees or expenses. Both parties agree that this Agreement shall conclusively provide for the distribution of property under the said law and hereby waive, release and relinquish any further rights they may respectively have against the other for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses. Each party may acquire either personal or real property in their own name. Any property so acquired shall be owned solely by the individual and shall not be subject to any claim whatsoever by the other party. 20. MODIFICATION AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effected only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 23. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. -9- 24. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement or in seeking such other remedies or relief as may be available to him or her. 25. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSES. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. FINANCIAL DISCLOSURE. The parties confirm that each have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. -10- IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: ?&U it gd&. EAL) LEE A. PERLSTEIN I A 0 • ff4td4CZV CS(SEAL) 46LIE A. MARSICANO -11- .a . COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. On this :?Vday of A Mi t- , 2006, before me, the undersigned officer, personally appeared LEE A. PERLSTEIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. Notary Pub V-7 0 CONMONINMTH OF PENNSYLVANIA NOTARIAL SEAL CHERYL. L FERGUSON, NoWy PW* Cky of Hemieburq, Dauphin Cmft MY Comnftm Expires April 6, 2006 COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. On this ,)?day of APR?L- , 2006, before me, the undersigned officer, personally appeared JOLIE A. MARSICANO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Publ' COMMONWEALTH OF PENNSYLVANIA -12- NOTARIAL SEAL CHERYL L FERGUSON, Notary pubb Cky of Hwdeb xg, Dauphin County MY Cotwiwim Expires Apr# 6, 2008 r.? : Fl c 41 , AMENDMENT TO SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AMENDMENT, made this V'day of, 2007, by and between LEE A. PERLSTEIN, now of West Hills, Los Angeles County, California, hereinafter referred to as "Husband", -AND- JOLIE A. MARSICANO, now of Camp Hill, Cumberland County, Pennsylvania, hereinafter referred to as "Wife", WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 23, 1994, in North Hollywood, Los Angeles County, California; and WHEREAS, no children were born of the marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they have separated and now live separate and apart from one another. WHEREAS, Husband and Wife entered into a Separation and Property Settlement Agreement on or about April 28, 2006, to equally divide their marital property and to provide for their mutual responsibilities and rights growing out of their marriage relationship. WHEREAS, Husband and Wife are desirous of entering into the within Amendment to modify certain terms and conditions of the aforesaid Agreement. NOW, THEREFORE, in consideration of the premises and of the promises, I' covenants and undertakings hereinafter set forth and for other good and valuable consideration, the receipt 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. RETIREMENT AND PENSION PLANS. Each of the parties shall retain as their sole, separate and exclusive property any and all pensions, retirement or 401(k) plans presently titled in their respective names free and clear of any claim, right, title or interest on the part of the other. Notwithstanding the foregoing, Husband agrees to transfer to Wife the total sum of Forty-five Thousand Dollars ($45,000.00) from his King & Spalding Schwab 401(k) account. The aforesaid transfer shall be pursuant to a Qualified Domestic Relations Order which shall be prepared by Conrad Siegel and Associates, Inc. the cost of which to be divided equally between the parties. 2. PAYMENT TO WIFE. Husband agrees to pay to Wife the total sum of Fourteen Thousand Dollars ($14,000.00) which amount Wife agrees to accept as the full, complete and final property settlement between the parties. The aforesaid sum shall be deposited in the trust account of Husband's attorney and shall be paid to Wife's attorney immediately following the entry of a final Decree in Divorce between the parties. 3. WITHDRAWAL OF PETITION Wife, contemporaneously herewith, shall withdraw, settle and discontinue the Petition to Set Aside Separation and Property Settlement Agreement which was filed in the Prothonotary's Office of Cumberland County on or about July 18, 2006. 4. TERMS OF ORIGINAL AGREEMENT The remaining terms and -2- r I conditions of the Separation and Property Settlement Agreement dated on or about April 28, 2006, which have not been modified herein, shall remain in full force and effect. 5. SUBSEQUENT DIVORCE. Contemporaneously with the signing of the within Amendment, Husband and Wife agree to sign their respective Affidavit of Consent and Waiver of Notice in order for the parties to have a Decree in Divorce immediately entered by the court in Cumberland County, Pennsylvania. 6. ADVICE OF COUNSEL. Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advise of his and her selections; that Husband has been independently representative by counsel Robert B. Lieberman, Esquire and Wife has been independently represented by counsel Joanne Harrison Clough, Esquire. 7. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 8. VOLUNTARY EXECUTION. Husband and Wife each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which such parties have any interest, the sources and the amount of the income of such party of every type whatsoever and of all the facts relating to the subject matter of this Agreement. 9. ENTIRE AGREEMENT. This Amendment and the previous Agreement contain the entire understanding of the parties, and there are no representations, warranties, -3- ? M T' covenants or undertakings other than those expressly set forth herein. 10. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. It. INDEPENDENT SEPARATE COVENANTS. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 12. BREACH. If either party breaches any provision of this Amendment or the previous Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other remedies or relief as may be available to him or her and the party breaching this Amendment or the previous Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing his or her rights under this Amendment or the previous Agreement or in seeking such other remedies or relief as may be available to him or her. 13. APPLICABLE LAW. This Amendment shall be construed under the laws of the Commonwealth of Pennsylvania. 14. VOID CLAUSES. If any term, condition, clause or provision of this Amendment and the previous Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. -4- A. . 15. AGREEMENT BINDING ON HEIRS. This Amendment and the previous Agreement shall be binding on and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 16. FINANCIAL DISCLOSURE. The parties confirm that each have relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Amendment and the previous Agreement. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS: g /)- ?lo 7 EAL) LEE A. PERLSTEIN 1 3- iU-07 S • SEAL) JOLIE A. MARSICANO -5- STATE OF CALIFORNIA ss. COUNTY OF LOS ANGELES On this 2L#)day of 2007, before me, the undersigned officer, personally appeared LEE A. PERLSTEIN, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. ' e-2 A4"ec- Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. U?h On this lC rj day of AtAc? LAN , 2007, before me, the undersigned officer, personally appeared JOLIE A. MARSICANO, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. Notary Publ? COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary M. Loper, Notary PWAC -6- FCCamp HiB Boro, Cum nd C 2007 Commission Expi Member, Pennsylvania Association Of Notaries V CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Lo S ss. On G? C? Z'? before me, ??(& L lil (G Date Name apd-. itle of Officer, (e.g., "Jane Doe, Notary Public") personally appeared X tproved to me on the basis of satisfactory evidence be the personKwhose nam*aars subscribed to the within instrument and acknowledged to me that i!i /ehe4he?c-executed the same in hi AeAba?L authorized capacitypes), -and that by hi Jae?ft?eir signature?on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. L YN" 0" A Committion * 1703387 4P Lft Nowy rw e • Cawarrac AngeW County M???irsNolv4?10 TNESS my han and official se Place Notary Seal Above Signature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached cu t Title or Type of Document: Document Date: T' ?I Number of Pages: Signer(s) Other Than Named Above: 111 ? ? Capacity(lies) laimed Si r( ` Signer's Name: I.Cge_ 'l ? I Vt X Individual ? Corporate Officer - Title(s): ? Partner - ? Limited ? General ? Attorney in Fact Top of thumb here ? Trustee ? Guardian or Conservator ? Other: Signer Is Representing: , . ?gti:K.1Mr"' Name(s) of Signer(s) (WTCOq %i Name: Corpo Officer - Title(s): Partner - imited ? General Attorney in Fac Trustee Guardian or Conservator Other: Signer Is Representing: © 2004 National Notary Association • 9350 De Soto Ave., P.O. Box 2402 • Chatsworth, CA 91313-2402 Item No. 5907 Reorder: Call Toll-Free 1-800-876-6827 c ? 0 Ai IKVO M! WWW . g LEE A. PERLSTEIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2318 CIVIL TERM JOLIE A. MARSICANO, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 25, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. p ? Date: 07 Jolie A. Marsicano C? ,- P PQ { . LEE A. PERLSTEIN, Plaintiff v. JOLIE A. MARSICANO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2318 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this 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: p? Q. ? _F - "? S " c r? Jolie A. Marsicano C= 0 C-n -OM ?f r ? LEE A. PERLSTEIN, Plaintiff V. JOLIE A. MARSICANO, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL DIVISION : NO. 06-2318 CIVIL TERM PRAECIPE TO TRANSMIT RECORD 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) 3301 (d) (1) ef the Diver-ee C-Ade (Strike out inapplicable section) 2. Date and manner of Complaint: Personally delivered to defendant on April 28, 2006 as evidenced by Certificate of Service filed in the Prothonotary's office on May 4, 2006. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: by plaintiff July 2, 2007, by defendant September 28, 2007. b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: b. Date plaintiff's Waiver of Notice in 3301 (c) was filed with the Prothonotary: July 11, 2007 Date defendant's Waver of Notice in 3301 (c) was filed with the Prothonotary: October 17, 2007 • . Robert B. Lieberman, Esquire Attorney for Plaintiff r-a ?? CD (DI !4. OCT IS 2007r4 LEE A. PERLSTEIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2318 CIVIL TERM JOLIE A. MARSICANO, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER OF COURT l AND NOW, this 1 day of O VA o?9 r , 2007, upon review of the attached pleading, Petitioner/Defendant Jolie A. Marsicano's Motion to Withdraw With Prejudice Defendant's Petition to Set Aside Separation and Property Settlement Agreement of April 28, 2006 is hereby GRANTED. By the Court, J - 1?\ -? Merle L. Ebert, Jr. !BEd ?? `iti?•i?yt .? LNG, mno 61:Z Wd 61 130 LOOZ KdVIO Q" IG,'Q'd 3A JO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LEE A. PERLSTEIN, Plaintiff VERSUS JOLIE A. MARSICANO, Defendant No. 06-2318 DECREE IN DIVORCE AND NOW, NdVLW?\ttr' ,% , IT 1S ORDERED AND DECREED THAT AND LEE A. PERLSTEIN JOLIE A. MARSICANO ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; The terms of the Separation and Property Settlement Agreement dated April'28, 2006, and the Amendment dated August 16, 2007, are incorporated, but not merged, into this Decree in Divorce. BY THE COURT: ATTEST: J. PROTHONOTARY y 1 ? 1 'OP4?, /Ng *v ,1I• ?°I LEE A. PERLSTEIN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA I- 1 y V. CIVIL DIVISION JOLIE A. MARSICANO, Defendant : NO. 06-2318 CIVIL TERM STIPULATION The parties in the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that it may be adopted as a Court Order. ZZ? a , 6jt- Lee A. Perlstein, Plaintiff SEE ATTACHED ACKNOWLEDGMENI' Witness 2 - L' 0,? Date Jolie A. Marsicano, Defendant Witness Date 4 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT State of California County of Los Angeles On z?Z10 $ before me, Leslie G. Frankel, Notary Public Date Here Insert Name and Title of the Officer personally appeared Name(s) of Signer(s) s who proved to me on the basis of satisfactory evidence to be the person(4 whose name(d) is/are subscribed to the within instrument and acknowledged to me that he/shefth" executed the same in his/her heir authorized LESLIE G. FRANKEL capacity(ies), and that by hisfhedtheir signature(?on the @,My COMM. #1503701 instrument the person(, or the entity upon behalf of NOTARY PUBLIC. CALIFORNIA which the erson acted, executed the instrument. LOS ANGELES COUNTY p (o Y/ Comm. Exoires July 26, 2008 I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my h d and official seal. Signature 4. Ii-M- Place Notary Seal Above Si ature of Notary Public OPTIONAL Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: ? , ;) /Y`-, Document Date: -L 0 0 V Number of Pages: I Signer(s) Other Than Named Above: o Q. • ?1rs i t^ api Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ? Individual ? Individual ? Corporate Officer - Title(s): ? Corporate Officer - Title(s): ? Partner - ? Limited ? General ? Partner - ? Limited ? General ? Attorney in Fact • ? Attorney in Fact • ? Trustee Top of thumb here ? Trustee Top of thumb here ? Guardian or Conservator ? Guardian or Conservator ? Other: ? Other: Signer Is Representing: Signer Is Representing: c.? c? rr rn MAR 112D08P? Lee A. Perlstein Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Jolie A. Marsicano NO. 06-2318 Defendant QUALIFIED DOMESTIC RELATIONS ORDER This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under 23 P.C.S.A. §3502. 3. This QDRO applies to the King & Spalding, LLP Profit Sharing-401(k) Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Lee A. Perlstein ("Participant") is a participant in the Plan. Jolie A. Marsicano ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Lee A. Perlstein 7125 Woodlake Avenue, Unit A West Hills, CA 91307-1462 Social Security #: 553-86-2915 Date of Birth: May 6, 1956 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are Jolie A. Marsicano 120 North 25th Street Camp Hill, PA 17011-3608 Social Security #: 186-50-4450 Date of Birth: December 11, 1957 QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $45,000.00 of the Participant's vested account balance as of the date of distribution or, if less, 100% of his vested account balance. The Participant promptly on the receipt of this Order shall take such action as necessary or appropriate to direct the immediate sale of assets held in his account which are sufficient to result in a credit of at least $45,000 in cash to his vested account balance or, if his vested account balance is less than $45,000, to sell 100% of the assets held in his account so that 100% of his vested account balance is held in cash. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the later of Plan Administrator's approval of this Order or the date the cash described in Paragraph 7 of this Order has been credited to the Participant's vested account balance. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. QDRO Page 3 In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20. The Plan shall treat this QDRO in accordance with Code §414(p)(7). As soon as administratively practicable after receipt of the proposed QDRO, while the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall not make any distributions to the Participant. 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and ordered this 4 day of or L, , ?.? . BY THE COURT 1*-? Judge ?? lr I'LI ti's BuZ -!a jo