The URL can be used to link to this page

Home My WebLink About94-01649 V) (;:) . ~ 1.. ~ '- \1) l:::) <:. . - . ... :::. r . '4w.:410<' ,_~)OIO(__;4IDClGw.;4IDC>ID< >ID<>ID< ~_: -.: >II< >ID<;4IDC;4IDC_.2C;4IDC~~;4IDC;4IDC;4IDC;4IDC;4IDC"'~ . -:~- I" - ' ~ . S ~ ~ ~ . . $ ~ . ~ 8 ij i ~ ~ ~ . I I ~ . ~ ~ IiJ ~ , ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF . PENNSYLVANIA CHARLES F. MOSIER, No. ...J~.~.?........ ~.~.'f..~.~.... 1994 ..................................................................................... .. ..,...........,'....'..'".."., .,.,p.,~ ~J1'!,\:,gL.....,...."....,..".. Versus KIM K. MOSIER, .............................................. ...................................... .... ,..' ....,......,'d..,p.~~endan.t:d..........,...... .. DECREE IN DIVORCE AND NOW, .........~!'~'m....!.~.... 19.7.1... it is ordered and decreed that ..... ?~~~~.~~. ::. .~~~.I.~~. . . . . .. . . . . ... ... .... . .. plaintiff, and. .. .. .. ~~t:t. ~:. . ~?~~~~. . .. ... . . . . .. . .. ... . ...... . . .. . . ... 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; All claims have been resolved by a property Settlement .. ...... ............ .......... ...... ...... ................................ . .~g!='.e.ElI11~fl.t; .Qil.t.eQ. P.ElI?t:~.Il\Q~!=,. .4?'. ,l.~~~.............. ................... M --------------~-~~---~ . . . . ~ . I . . . ~ . ~ t ~ ~ . . t i ~ ~ ~ ~ ~ i , g a ,. ~ 8 ..' ~ .'. * $ ~ ., w ., ~ ~ , .,.. "' "" ~ 7!#ke /?'~ ~ ~~d ~ f~ 4 1/'..,) 9Y" ~~ CHARLES F. MOSIER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1649 CIVIL TE~~ CIVIL ACTION - LAW IN DIVORCE v. KIM K. MOSIER, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of Divorce Decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2 . Date and Manner of Service of Complaint: Service was accepted by the Defendant's attorney, Robert B. Lieberman, Esquire on the 9th day of April 1994, pursuant to an Acceptance of Service which was filed April 9, 1994. 3. Date of Execution of the Affidavit of Consent Required by Section 3301(c) of the Divorce Code: by Charles F. Mosier, Plaintiff, on October 25, 1994; by Kim K. Mosier, Defendant, on October 1, 1994. 4. resolved 1994. Related Claims Pending: None. All claims have been by a Property Settlement Agreement dated September 27, Respectfully submitted, CLECKNER AND FEAREN Date:~ By: l~_1~'lJlh ;r:J :1 A,,,<-a/K / Jennifer L. Lehman, Esquire Attorney I.D. #52784 31 North Second Street Harrisburg, PA 17101 (717) 238-1731 -=r- en - >->- ""... "'2: LUb:;):! UzO;r: ~Oc.,,"f; h. X'Q~ Ot-.7:'""" . c:. ..tin ~'i:~~ ':'~W4'~ .....'t:.Qu.. ..X ...=> 0<'> ::c: c::z: ", Q - - ..-. "" - Co> ~ ,'.<'. ,,' "';-,,., .to.. ~'H._.... I' ~ i ~ CHARLES F. MOSIER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 9'1 - / IPI./9 t:WJ ~ Defendant CIVIL ACTION - LAW IN DIVORCE KIM K. MOSIER, 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 wi thout you and a Decree of Di vorce 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. 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 Vrothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU 00 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. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 ';1 1 , t , ~ CHARLES F. MOSIER, plaintiff . IN THE COURT OF COMMON PLEAS . . CUMBERLAND COUNTY, PENNSYLVANIA . : /l.,yq . NO. q~ ~ . . . . CIVIL ACTION - LAW . . . ORDBR OF COURT v. KIM K. MOSIER, Defendant Aor: ~ ' 1994, upon consideration of , I the attached complaint, C;; O\.n-. -.At' I L. fill' ,~~ , Esquire, the ~dS- I\l~h Sf-. Lc:i'rn'1I1(~' pennsylvania, r-'l1-1. y AND NOW, conciliator, at on "T ~-s .(", " . the ~ day of , 1994, o I clock ..i2..:. m., for a pre-Hearing custody at 3 Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By --d~d.t~M~/I 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,fHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COURT ADMINISTRATOR COURTHOUSE, 4TH FLOOR CARLISLE, PA 17013 (717) 240-6200 .J" H -qr ~~. ... - -. " -~ !!I!I '....--......-. < ~ -.. -~ ~4M',.;'_'f;,,:=..p..,_ ill '.. .. --. .._,~,'~-,.,,,.......,,..;,:;,!>,.~.~~,. ........". - d_""""""" ....,.....,~,---'-,-'.",,---.. " . ,1 APB 6 3 11 PI 'tt. r1LtrrOFfICE OF THE FROTHONOTA"~ CUM8ERLAND CQUNH PENNSYL'IANI~ , A r f i' , ,. ~ . \ ._'~-""",,,,,,..-.,.- , ~ I ~ CHARLES F. MOSIER, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. . . . KIM K. MOSIER, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . COMPLAINT UNDER SECTION 330l(c) or 330l(d) OF THE DIVORCE CODE 1. Plaintiff is CHARLES F. MOSIER, currently residing at 4525 Mt. Zion Drive, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is KIM K. MOSIER, who is residing at 613 Magaro Road, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 20, 1974 in Williamsport, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. , . t 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. COUNT I - DIVORCE 9. Paragraphs 1 - 8 are herein incorporated by reference. 10. The Plaintiff avers that the grounds on which the action is based are as follows: (a) That the marriage is irretrievably broken. (b) The parties are now living separate and apart: at the appropriate time, Plaintiff will submit an affidavit alleging that the parties have been separate and apart for at least two years and that the marriage is irretrievably broken. 2 , . , , WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. COUNT II - CUSTODY 11. Paragraphs 1 - 8 are herein incorporated by reference. 12. Plaintiff seeks custody of the following children: NAME PLACE OF RESIDENCE AGE DOB Theresa L. Mosier 613 Magaro Road Enola, PA 17025 16 8/16/77 Mark A. Mosier 4525 Mt. Zion Drive Enola, PA 17025 14 10/09/79 13. The children were not born out of wedlock. 14. Mark A. Mosier is presently living with the Plaintiff who resides at 4525 Mt. Zion Drive, Enola, Cumberland County, Pennsylvania. 3 '",-'c. c_ ~..._" , , Theresa L. Mosier is presently living with the Defendant who resides at 613 Magaro Road, Enola, Cumberland County, Pennsylvania. 15. During the last five years the children have resided at the following addresses with the following persons: DATES ADDRESS NAMES 3/26/94 to present 4525 Mt. Zion Dr. Enola, PA 17025 Charles F. Mosier Mark A. Mosier 3/26/94 to present 613 Magaro Road Enola, PA 17025 Kim K. Mosier Theresa L. Mosier Marlin Comp Loretta Comp 3/5/94 to 3/26/94 613 Magaro Road Enola, PA 17025 Kim K. Mosier Theresa L. Mosier Mark A. Mosier Marlin Comp Loretta Comp 5/93 to 3/5/94 519 Ouail Court Mechanicsburg, PA 4 Charles F. Mosier Mark A. Mosier ..... <U'~'. .,......,... . .. .';. ~.. 5/93 to 3/5/94 4525 Mt. Zion Dr. Enoh, PA 17025 3/13/93 to 5/93 4525 Mt. Zion Drive Eno1a, PA 17025 1989 to 3/13/93 4525 Mt. Zion Drive Eno1a, PA 17025 C" ;';I';_~:',';;;'. . Kim K. Mosier Theresa L. Mosier Kim K. Mosier Theresa L. Mosier Mark A. Mosier Charles F. Mosier Kim K. Mosier Theresa L. Mosier Mark A. Mosier The mother of the children is Kim K. Mosier, currently residing at 613 Magaro Road, Eno1a, Pennsylvania. She is married to the Plaintiff. The father of the children is Charles F. Mosier, currently residing at 4525 Mt. Zion Drive, Eno1a, Pennsylvania. He is presently married to the Defendant. 16. father. persons: The relationship of Plaintiff to the children is that of The Plaintiff currently resides with the following 5 ,:,..,~....,~......,_..".u . ,[Al!! RELATIONSHIP Mark A. Mosier Son 17. The relationship of Defendant to the children is that of mother. The Defendant currently resides with the following persons: NAME RELATIONSHIP Marlin Comp Loretta Comp Theresa L. Mosier Father Mother Daughter 18. Plaintiff has not participated as a party or a witness, or in another capacity, in other litigation concerning the custody of the children in this or in any other court. 19. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 20. Plaintiff does not know of a person not a party of these proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 6 ".~,....... ..,.;"'".m-H.___ 21. The best interest and permanent welfare of the children will be served by granting the Plaintiff primary physical custody of the children with liberal partial custody rights to the Defendant. The Plaintiff proposes that the parties share legal custody of the children. 22. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as a party to this action. WHEREFORE, Plaintiff requests the Court to grant shared legal custody and grant primary custody of the children to the Plaintiff with liberal partial custody rights to the Defendant. Respectfully submitted, CLECKNER AND FBARBN By: Je Lehman, Esquire At I. D. 152784 31 North Second Street P. O. Box 11847 Harrisburg, PA 17108-1847 (717) 238-1731 Date: ~;, 'i, /qqLj i' ~. '~t.;~\;~ ';~ ;" . V B R I FIe A T ION I verify that the statements made in the foregoing Complaint Under Section 330l(c) or 330l(d) of the Divorce Code are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. ~d1A~tno~ HARLES F. MOSIER Date: 3/3 {(C(I( . .. ,. ~ t · APR 5 199~ ~ ~ J) ....... . \~ ~~ ~ ~ \ Y) \) ~ ~ V) ~ :t-.. ..,... W..~~_,..I a:t) ~'.r ~~':I% mJ """fO.:r.., I.. 'J; t;):;. NJ ?'''....;t-..' \.....~:;; " l~ .;;;..1: -:r-. '~Ujl..J-i.r .. J::".uW 1-.:1:0.. ....~ Q ...' ... - ~ t1 ~ ~\h t~ III = ii ...... u .... S 0 ll:l z ~ I w ~j i~~ a: I.i < ~ ~ ~ z ~f ~ .. ~ I!. VI;.o ~ I~I o !( D >- z III . Z III 0 Z c ! < >- U Z ~I, . a: W OJ W ~ > Z VI Do P W II: r . I Z 0 .. Cl ~ .. II: II: . U .. 0 :l to: W < z m .J - III ... i ~ 1'1 - U II: II: < J: . . . . . ' ROBERT B. LIEBERMAN ATIORNEY AT LAW 190I'N. fronlSlrccl IIl1lri>burg. fA 1711~ <" :"~"'''''-~'''-:' CHARLES F. MOSIER, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. : NO. 94--1649 . . KIM K. MOSIER, . CIVIL ACTION - LAW . Defendant . . ACCBPTANCB OF SBRVICB I hereby accept service of the Complaint in Divorce on behalf of Kim K. Mosier and certify that I am authorized to do so. By:~B. Robert B. L eberman, Esqu 3901 North Front Street Harrisburg, PA 17110 Dated: t '/~ 11 ..,. en - ,. ",>- ""'.~ ~~i ~_~. t: ~ ~ ,~: ~~ Il~ ;~( ;', r I I:, _. -~ ~, '; ~J~' , ',J ~,. ::r: o<:t ", ,., - - :...""") - n: ... ,~-~% H Z en..:: ..:::> rz:I..:l ~ ..:l>< Po. en .... .j.l Z .... C rz:I ~~- ZZ .... III U I Orz:l .j.l '0 H ~Po. C C :> W::s" .... QJ 0:: c:l ~ o . . III .... rz:I W....'" ~ U>< 0:: .-l . QJ en -<c ;::: E-< rz:I Po. > 0 ...li:ie - ~Z H ~ ~ O~ en . 0 .~... ;:) 0 0 0:: a:l z e!> 10' E-<U :E rz:I rz:I 1-0- " is 0:: H U ffi~~ ~ 00 . en z OZ ~ 0 ..:: u":: :E E-< c:l :I: ..:l en Po. a rz:IO:: rz:I . rz:I :I::rz:I ..:l :<: U E-<al 0:: U :E ..:: :E ..:: Z~ :I:: H HU U :<: ,.- t).." . . . .- '.1' " ; 'i:-},-__~, .,- -.Y:~:'-i~""~""" .' . . " . . . CHARLES F. MOSIER, plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94-l649-Civil KIM K. MOSIER, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVI~ or CONSBNT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on April 4, 1994. "2'. The marriage of Plaintiff and Defendant is irretrievably - . -1 brokeri- and ninety (90) days have elapsed from the date of the filing ~f the Complaint. 3. ,I consent to the entry of a final Decree of Divorce. 4.~ I understand that I may lose rights concerning alimony, division of property, attorneys' fees or expenses if I do not claim them before divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 06TOheR..ol.S: jCfry (!,{;;d::;r/l)~~ CHARLES F. MOSIER Sworn to and subscribed :tL before me this ~ day of nero be~ 1994. Y. Notarial Seal Jean P. Zona rich, Nolary Public Harrisburg. Dauphin County My Commission Expires Sept 14. 1998 Mentler. Pemsyfvlria AssociaIion cA NotaItes Notary Public Commission Expires: '.', ~ \, '~.~.. ;-~",'\\}' .' ~ ~ ....' c:. ~ ...... C'..I .... c!::: ~ .... ..... Ur""~ ~~~, I~OO.:lt: ..'" " C")~~:;a . t--........ . ;:.t~ ....~:. __,fn :..' ';;C;a: .1.;"I4J:P; . .(.l:.:,>l.; r. ~Io).. .., :> 0<> , ~ .. .. ,,1 'I" ,<'\'~>.':-"~'.""-~'''' .. ,. ., . . . CHARLBS r. MOSIBR, Plaintiff IN THB COURT or COMMON PLBAS CUMBBRLAND COUNTY, PBNNSYLVANIA v. NO. 94-l649-Civil KIM K. MOSIBR, CIVIL ACTION - LAW IN DIVORCB Defendant APPIDAVIT or CONSBNT l~-' A Complaint in Divorce under Section 330l(c) of the Divorce'"Code was filed on April 4, 1994. 2.' The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the u filin~~of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorneys' fees or expenses if I do not claim them before divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: 10-1- ?t.J y 1~ 1<. Mn(\Wl KIM K. MOSIBR Sworn to and subscribed before me this I~f day of a-t".;,~ , 1994. ~, ,.I} ~"....?;; ,Jff'<l:- Notary Public NoIatIal Seal ear-.. P.1lnn;.~Nlk: ~~Ck1~7 My Commission Bxpires: ~. h::~7::.;~~;~~;~"~i ;st; - 'N ti = ~>- cel- t- "%..t ~I..."}='- !:?=g~ """"0.... h.-:J:O:.. 0-:::>- . ,:...1:11'1 l~: .~:::'~r;. ,.JhJ~ ,"- :.,CJ(\. .~' :: ::> ~c.,) a "" co - - , , I , j '. . '! .. .. ~~ ... ..,",~"'-'"' .~.~._+_..L.'.'- ,'.. .~ RonlHtT n. LllmnRMAN ArrORNEY AT LAW 390 I N. fronl SIr""l . . lIarrt""ulJl. PA 17110.... PHONE; (1171232.7200 CIIRTIFlBEl.:TRUEWY 0 5 19~ BY Ana_Nil roa CHARLES F. MOSIER, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 94-l649-Civil . . . KIM K. MOSIER, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . ORDBR OP COURT AND NOW, to wit, this 6. - day of /??a; , 1994, the parties and their respective counsel, having entered into a Stipulation dated 1'1'1 :3 , ) "Ivy . , which Stipulation contains an agreement as to the best interest and welfare of their minor children, Theresa L. Mosier, born August 16, 1977, and Mark A. Mosier, born October 9, 1979, it is hereby ORDERED AND DECREED as follows: 1. The parties shall share legal custody of, Theresa and Mark. 2. Kim K. Mosier shall have primary physical - custody of Theresa. 3. Charles F. Mosier shall have primary physical custody of Mark. 4. Each party shall have partial custody of the child which is not in their primary custody at such times as mutually agreed by \\~1 G 3 33 r~ 1M ;iIICl li' I ,~l\O~r.~~h' (,\i'. .;i, M'l'.) Ci~I.\tiJY ;'\::.'~'I:.'IJ ,l-Sj:. .' " . . . , and between the parties hereto, taking into consideration the desires of the minor children. 5. Each party shall have reasonable telephone access to the children when they are in the custody of the other party. 6. In the event a party decides to relocate more than 50 miles from their current residence, that party shall provide the other party with at least 90 days written notice prior to the parties' relocation. BY THE COURT: .' /4 J. . CHARLES F. MOSIER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-1649-Civil v. KIM K. MOSIER, CIVIL ACTION - LAW IN DIVORCE Defendant STIPULATION POR BNTRY OF CUSTODY ORDBR The parties agree that it is in the best interests of their minor children, Theresa L. Mosier, born August 16, 1977, and Mark A. Mosier, born October 9, 1979, to enter into the fallowing custody arrangement: 1. The parties shall share legal custody of Theresa and Mark. 2. Kim K. Mosier shall have primary physical custody of Theresa. 3. Charles F. Mosier shall have primary physical custody of Mark. 4. Each party shall have partial custody of the child which is not in their primary custody at such times as mutually agreed by and between the parties hereto, taking into consideration the desires of the minor children. ...,_......~ '. . 5. Each party shall have reasonable telephone access to the children when they are in the custody of the other party. 6. This agreement is based upon Charles F. Mosier residing at 4525 Mt. zion Drive, Enola, Pennsylvania, and Kim K. Mosier residing at 613 Magaro Road, Enola, Pennsylvania. In the event that either party wishes to relocate more than 50 miles from their current residences, that party shall provide the other party with at least 90 days written notice of their intentions to move prior to their relocation. 7. The parties hereby stipulate to the entry of the above as an Order of Court and waive their right to appear before the Court for the presentation of this Stipulation and its incorporation as an Order. -lft,~tl;'rJ jlu~ tn ss ~~~~~~~ Charles F. Mos er A-~_u:-t.B. ~~ witness 1< I ffi /.! . rY'I I'oA I ~ n. K m K. Mosier Date: IIf 3/ /??'-J. ~ \.::.;.;.. . , )..::;~ ."~ ~"T'" ,t~_o# , . .. , " . I t r , . . ANt' FEAR EN AT LAW 31 NORTH BaCbND STREET P,O. BOXt1e.7 HARRISBURG PENNSYLVANIA 17108.1847 .' . CHARLES F. MOSIER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 94-l649-Civil v. KIM K. MOSIER, CIVIL ACTION - LAW IN DIVORCE Defendant QUALIFIBD DOMBSTIC RBLATIONS ORDBR This cause came on upon the terms of the final judgment of dissolution of marriage and property Settlement Agreement entered between the parties requiring a division of marital assete and pursuant to the terms of said final judgment and Agreement the following Domestic Relations Order is entered and it is ordered as follows: 1. This order is intended to be a "Qualified Domestic Relations Order" within the meaning of Section 4l4(p) of the Internal Revenue Code of 1986, as amended. 2. The Participant is the Plaintiff, Charles F. Mosier, whose Social Security number is 180-44-2949 and whose last known mailing address is 4525 Mt. zion Drive, Enola, Pennsylvania 17025. 3. The Alternate Payee is the Defendant, Kim K. Mosier, whose Social Security number is 202-46-6298 and whose last known mailing address is 613 Magaro Road, Enola, Pennsylvania 17025. wi:';>,. , ~ 4. The plan to which this order applies is the Bmployee's Savings Stock Investment and Ownership Plan,' (the "BSSIOP"). The administrator of the plan is the Hershey Foods Corporation Bmployee Benefits Management Committee, 100 Crystal A Drive, Hershey, pennsylvania 17033. 5. The Alternate Payee is hereby assigned from the vested interest of the Participant in ESSIOP the total sum of $45,000 allocated as follows: The sum of $30,000 shall be taken from company contributions of the Participant and the sum of $15,000 shall be taken from the participant's pretax contributions to the plan. Said assignment is to be effective the date of this order. 6. Within a reasonable period after receipt of this order, the plan administrator shall determine whether this order is a Qualified Domestic Relations Order and shall notify the Participant and the Alternate Payee of such determination. Within a reasonable time after the plan administrator has determined that this order is a Qualified Domestic Relations Order, the plan administrator shall take all such actions as are required to transfer from the ESSIOP account of the partcipant to a separate ESSIOP account for the benefit of the Alternate Payee in the amount specified in paragraph 5 hereof, together with all interest, dividends or other 2 3 investment experience with respect to said cash from the effective date specified in paragraph 5 to the date of such transfer. 7. The ESSIOP shall hold and administer the Alternate payee's account pursuant to their terms and provisions of the Code and ERISA. The Alternate Payee's interest in ESSIOP transferred pursuant to paragraph 6 above shall be invested as follows: 1) Hershey Foods Corporation Common Stock (company contributions) will , remain in Fund D and 2) pretax monies will be invested in a fixed income fund under said plan until Alternate Payee's interest is distributed pursuant to paragraph 10. B. The plan accounts of the Participant and the Alternate Payee shall be separate accounts, and the plan shall not permit any election by either the Participant or the Alternate payee to have any effect on the others plan account. 9. In the event of the death of the Participant prior to the payment in full of his separate retirement plan and ESSIOP account, the Alternate Payee shall not be deemed the surviving spouse of such Participant and vice versa. 10. The Alternate Payee shall be entitled to distribution of the Alternate Payee's separate account upon the earliest of the . following events concerning the Participant: separation of employment under the terms of the ESSIOP: attainment of the age of 55 years: death or such other reason as would permit Participant to withdraw his account under the terms of the ESSIOP. The distribution shall be made only upon the plan administrator's receipt of the Alternate Payee's written request for distribution at the time of such event or subsequently thereto. 11. The Alternate Payee shall keep the plan administrator informed of her current mailing address and will provide proof of age and other information and forms as the retirement plan or ESSIOP may reasonably require. 12. The assignment herein contemplated by the Participant to the Alternate Payee of the benefits from the participant's ESSIOP constitute an equitable distribution of the marital assets of the parties as divided by the Property Settlement Agreement dated , September 27, 1994. 13. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status. 4 ;....,.. C''.;'" . : .' DONB and ORDBRBD in chambers at a, (u, k , IIlrrisBUI'!, t;....',.Ia..d Batl(lohift County, Pennsylvania, this /1. day ot 1AAJcJ"M BY THE COURT: , 1995. ~/-l Ii // CONSENTS / The parties hereby consent to the entry of the above order and J. waive their right to be present at the time of presentation to the Court. ~It~) d ,j .lunLll/l / JE IFER L. LEHMAN, ESQUIRE ~-mtt.tJ> " CHARLES F. MOSIER ~~.~ ROBERT B. LIEBERMAN U r~ JJ (y) (,.(lIDn KIM K. M'OSIER ~ cc- en ~ ~ ,- ~~ , . J~t . -I .: '- ., - Lr> cr> - en ~ -' --,