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HomeMy WebLinkAbout02-4222DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 7374~100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. ROGERS, Plaintiff KEVIN L. ROGERS, Defendant : : CIVIL ACTION - LAW : DIVORCE NOTICE 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 ~roceed without you and a decree of divorce or annulment may be ~ntered against you by the court. A judgment may also be entered kgainst you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A List of marriage counselors is available in the Office of the ?rothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNI/LMENT 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 )FFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 7374)100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. ROGERS, : Plaintiff : : v. : NO. : KEVIN L. ROGERS, : CIVIL ACTION - Defendant : DIVORCE COMPLAINT AND NOW, this ~'~day of September, 2002, comes the Plaintiff, Susan J. Rogers, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is Susan J. Rogers, an adult individual residing at 113 Lancaster Boulevard, Mechanicsburg, Cumberland County, Pennsylvania 17055. The Defendant is Kevin L. Rogers, an adult individual residing at 1429 Apple Drive, Apartment 156, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on November 29, 1980 at Lakewood, California. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised of the availability of counseling -2- DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 7374)100 and the right to request that the Court require the parties to participate in counseling. The Defendant is not a member of the Armed Services of the United States or any of its Allies. The Plaintiff avers that the grounds on which the action is based are: ~01 c : The marriage is irretrievably broken; WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, ~J2%~-~. '3kDCLIFF, ESQUIRE ~3448 T~findle Road ~ ~ill, PA 17011 ~ Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 VERIFICATION Susan J. Rogers verifies that the Complaint are true and correct. Susan J. false statements herein are made Pa.C.S. Section 4904, relating authorities. statements made in this Rogers understands that subject to the penalties of 18 to unsworn falsification to Susan J. Rog)er~ -4- SUSAN J. ROGERS/9.4.02. ACCEPTANCE OF SERVICE FORM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. ROGERS, Plaintiff KEVIN L. ROGERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, pENNSYLVANIA · NO. 02-4222 CIVIL TERM : : CIVIL ACTION -. LAW : DIVORCE ACCEPTANCE OF SERVICE I, the Defendant in the above captioned action, hereby accept service of a certified copy of the Complaint, endorsed with the Notice to Plead, which Complaint was filed in the above captioned matter on September 4, 2002. Date· ~1~ -¢~ KEVIN L. RO - 1 - SUSAN ROGERS/10.14.02. MARITAL AGREEMENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. ROGERS, Plaintiff KEVIN L. ROGERS, Defendant NO. 02-4222 CIVIL TERM CIVIL ACTION - LAW DIVORCE MARITAL AGREEMENT BETWEEN KEVIN L. ROGERS AND SUSAN J. ROGERS TABLE OF CONTENTS INTRODUCTION AND PREAMBLE .............................. 1 ARTICLE I. General Provisions 2 ARTICLE II. Property Distribution Provisions ......................... 11 ARTICLE III. Debts 17 ARTICLE IV. Counsel Fees, Alimony, Spousal Support, APL, Child Support, Health Insurance, Child Custody and Educational Expenses ................................................ 20 ARTICLE V. Tax Provisions ARTICLE VI, Closing Provisions and Execution ......................... 26 Notary Page. 27 INTRODUCTION THIS AGREEMENT made this 10th day of D_~, 2002, by and between SUSAN J. ROGERS ("Wife") of 113 Lancaster Blvd., Mechanicsburg, PA 17055 and KEVIN L. ROGERS ("Husband") of 381 North Middlesex Road, Carlisle, PA 17013. WI TNE S E T~i : WHEREAS, the parties hereto are husband and wife, having been married on November 29, 1980 in Lakewood, California and separated in March 2001. WHEREAS, There were two (2)children born of this marriage: Shannon L. Rogers, born on January 6, 1982 and Christopher D. Rogers, born on April 9, 1987, (the "Children"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each otlher including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: - 1 - ARTICLE I GENERAL PROVISIONS SECTION 1.01. INCORPORATION OF PREAMBLR. The recitals set forth in the Preamble of this Marital Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Marital Agreement. SECTION 1.02. DIVORCE DECREE. The following shall apply to the divorce decree to be entered in the above captioned case: Section 1.02.01. Execution and Filinq of Divorce Doc~,~entm. The parties acknowledge that their marriage is irretrievably broken, and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action. Upon the execution of this Marital Agreement the parties shall execute and deliver to Diane G. Radcliff, Esquire their Affidavits of Consent and Waiver of Notice Forms. Upon receipt of said documents Diane G. Radcliff Esquire shall prepare all of the other documents necessary to finalize the divorce, and shall file the same so that the divorce decree can be entered as soon as is practical. Section 1.02.02. Failure to Siqn Divorce Doc,,~ent~: If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Marital Agreement and shall entitle the other party, at his or her option, to terminate this Marital Agreement, in which event the parties shall be restored to the same legal position each had been immediately prior to the execution of this Marital Agreement, and either party may then proceed with the litigation of any claims heretofore raised in this divorce action the same as of this Marital Agreement has never been executed by the parties. Section 1.02.03. Incorporation. The terms of this Marital Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. Section 1.02.04. ~. This Marital Agreement shall not merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. SECTION 1.03. DATE OF EXECUTION. The "date of execution", "execution date" or "date of this Marital. Agreement" shall be defined as the date of execution by the party last executing this Marital Agreement. SECTION 1.04. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Marital Agreement unless otherwise specified herein. SECTION 1.05. EXECUTION OF AGREEMENT. with respect to the execution of this Marital Agreement the following shall apply: Section 1.05.01. Advice of Counsel. Wife has been represented by Diane G. Radcliff, Esquire in these proceedings. Wife acknowledges that she fully understand the facts and that she has been fully informed as to her legal rights and obligations by said Diane G. Radcliff, Esquire,. Husband is not represented by legal counsel in these proceedings and has been advised of his right to receive independent legal advice from counsel of his selection prior to tile execution of this Marital Agreement and that he voluntarily has decided not to retain such counsel. Husband further acknowledges that he is fully aware and informed of his legal rights and obligations, that he accepts said this Marital Agreement. Section 1.05.02. Voluntary Execution and Knowledge. Each party acknowledges that this Marital Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates and income and of his or her legal rights and obligations. Section 1.05.03. Reasonableness. Each party hereby acknowledges that this Marital Agreement is fair and equitable, that it adequately provides for his or her needs - 3 - and is in his or her best interests. Section 1.05.04. Fraud and Undue Influence. Each party acknowledges that the execution of this Marital Agreement is not the result of any fraud, duress:, or undue influence exercised by either party upon the other or by any other person or persons upon either party, and that it is not the result of any collusion or improper or illegal agreement or agreements. SECTION 1.06. FINANCIAL DISCLOSURE. 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 Marital Agreement, and each party acknowledges that there has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. SECTION 1.07. PROCEDURAL RIGHTS. Each party understands that, but for the terms of this Marital Agreement, each party has the following rights, all of which are hereby waived: Section 1.07.01. ~. The right to obtain an inventory of all marital and separate property as defined by the Pennsylvania Divorce Code. Section 1.07.02. ~i~.ILI~z~Lo~. The right to have all such property valued by means of appraisals or otherwise. Section 1.07.03. Income and Ex_Dense Statement. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code, except in instances where such an income and expense statement is hereafter required to be filed in any child support action or any other proceedings pursuant to an order of court. Section 1.07.04. D~.D~. The right to compulsory discovery as permitted by the Rules of Civil Procedure, to assist in the discovery and verification, of facts relevant to their respective rights and obligations, including the right to question the other party under oath. Section 1.07.05. Determination of Property Statu~. The right - 4 - to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital. Section 1.07.06. Other Rights and Remedie~. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Marital Agreement, including, but not limited to, claims for divorce, equitable distribution of marital property and debts, spousal support, alimony, alimony pendente lite (temporary alimony), counsel fees, costs and expenses, which court decision concerning the parties' respective rights and obligations might be different from the provisions of this Marital Agreement. SECTION 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Marital Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Marital Agreement to be null and void and to terminate this Marital Agreement in which event the division of the parties' marital assets and all other rights determined by this Marital Agreement shall be subject to court determination the same as if this Marital Agreement had never been entered into. SECTION 1.09. SOCIAL SECURITY BENEFIT~. The parties agree that, subject to the rules and regulations of the Social Security Administration, each of the parties, shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. SECTION 1.10. PERSONAL RIGHTS. Huslband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. - 5 - Husband and Wife shall not molest, harass, d[isturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. SECTION 1.11. MUTUAL RELEASES. Except as other wise expressly provided in this Marital Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: Section 1.11.01. Claims Against Property or Estate. Any and all right, title, interest and/or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. Section 1.11.02. Dower. Curtesy. Widows Rights. Any and all rights and claims of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; Section 1.11.03. Life Time Conveyances. The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; Section 1.11.04. Marital Rights. Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. Section 1.11.05. Breach Exception. The foregoing shall not - 6 - apply to all rights and agreements and obligations of whatsoever nature arising or which ~may arise under this Marital Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Marital Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Marital Agreement or for the breach of any provisions thereof. SECTION 1.12. WRITTEN WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. SECTION 1.13. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Marital Agreement. Pursuant thereto Wife and Husband will forthwith, (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Marital Agreement, and/or as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Marital Agreement. SECTION 1.14. AGREEMENT BINDING ON ~IR~. This Marital Agreement shall be binding and shall inure 'to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. SECTION 1.15. INTEGRATION. This Marital Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations: between them. There are no representations or warranties other than those expressly set forth herein. - 7 - SECTION 1.16. NO WAIVER OF DEFAULT. This Marital Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Marital Agreement. The failure of either party to insist upon strict performance of any of the provisions of tlhis Marital Agreement shall in no way affect the right of such party hereafter to enforce the same in the future, nor shall it be construed as a waiver of strict performance of any other obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or similar nature. SECTION 1.17. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Marital Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party: Section 1.17.01. Specific performance. The right to specific performance of the terms of this Marital Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. Section 1.17.02. I~. The right to damages arising out of breach of the terms of this Marital Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. Section 1.17.03. Divorce Code Remed±ea. The right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. Section 1.17.04. Other Remedies. Any other remedies provided for in law or in equity. - 8 - Section 1.17.05. Considerations for Attorneys Fee~. Any award of "reasonable attorneys fees" as used in this Section shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. SECTION 1.18. LAW OF PENNSYLVANIA APPLICABLE. This Marital Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. SECTION 1.19. SEVERABILITY. If any term, condition, clause or provision of this Marital Agreement slhall 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 Marital Agreement and in all other respects this Marital Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Marital Agreement under any one or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. SECTION 1.20. MANNER OF GIVING NOTICE. Any notice required by this Marital Agreement shall be sent to a party at the address listed on page 1 above, or such other address as that party may from time to time designate. SECTION 1.21. EFFECT OF RECONCILIATION. This Marital Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Marital Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring 12his Marital Agreement or any term of this Marital Agreement to be null and void. SECTION 1.22. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several Sections and subsections hereof, are inserted solely for convenience of reference and shall - 9 - not constitute a part of this Marital Agreement nor shall they affect its meaning, construction or effect. THIS SPACE INTENTIONALLY LEFT BLANK - 10 - ARTICLE II DISTRIBUTION OF PROPERTY SECTION 2.01. FINAL EQUITABLE DISTRIBUTION. The parties agree that the division of all property and debts set forth in this Marital Agreement is equitable.and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Marital Agreement is a full, final, complete and equitable property division. SECTION 2.02. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this Section. SECTION 2.03. WAIVER OF INI{ERITANCM. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously, or in the future, received by the other party. SECTION 2.04 AS IS CONDITION. provided, the parties agree to the condition of tangible property: Except as otherwise herein following regarding the Section 2.04.01. ~. Each of the parties acknowledge that he or she have had the opportunity to inspect and view the tangible property that he or she is to receive as his or her sole and separate property pursuant to the terms of this - 11 - Marital Agreement. Section 2.04.02. ~.D~. Each of the parties is fully aware of the condition of such tangible property. Section 2.04.03. As Is Condition. Each of the parties is receiving those assets in ~as is" physical condition, without warranty or representation by or from the other party. SECTION 2.05. PERSONAL PROPERTY. With respect to the tangible personal property of the parties including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property"), the parties agree as follows: Section 2.05.01. ~. Husband and Wife do hereby acknowledge that they have previously divided the Personal Property. Hereafter Wife agrees that all of the Personal Property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the Personal Property in the possession of Wife shall be the sole and separate property of Wife. Section 2.05.02. Waiver. The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the Personal Property which shall become the sole and separate property of the other. SECTION 2 . 06 . VEHICLES. BOATS AND THE LIK~.. with respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both of the parties, or the trade in value thereof, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this Marital Agreement, the parties agree as follows: Section 2.06.01. Wife's Vehicle(s). The 1997 Dodge Stratus owned jointly by the parties and subject to a lien for the purchase price debt owed to Chrysler Credit Corporation shall be the sole and separate property of Wife. Section 2.06.02. Transfer of Title. The title to the Dodge - 12 - Stratus shall be executed by Husband upon his execution of this Marital Agreement. Since that title will not be available on that date due to the title being held by Chrysler Credit Corporation, Husband shall execute a Limited Vehicle Power of Attorney thereby permitting and authorizing Wife to execute on his behalf the title and any other documents regarding the Dodge Stratus including but not limited to registration forms, license renewals, inspections and/or transfers of title and/or tags. Section 2.06.03. %~. The transfer of this vehicle to wife is subject in all respects to the debt owed to Chrysler Credit Corporation for which Husband is also liable. Wife shall make timely payments on that loan until it is paid in full and shall not take any action with respect to that loan which would adversely impact upon Husband's credit rating. Wife shall also keep the Dodge Stratus insured at all times. Section 2.06.04. ~Ia~. Husband does specifically waive, release, renounce and forever abandon whatever right, title and interest he may have in the 1997 Dodge Stratus that is to be the sole and separate property of Wife pursuant to the terms of this Section. SECTION 2.07. REAL ESTATe. The parties are the owners of a certain tract of improved real estate known and numbered as 113 Lancaster Blvd., Mechanicsburg, PA 17055 ("the Real Estate"), which is encumbered with a mortgage owed to Mortgage Service Center, ("the Mortgage"). With respect to the Real Estate and the Mortgage the parties agree as follows: Section 2.07.01. ~A~. Husband slhall make, execute and deliver all documents in the usual form conveying, transferring and granting to Wife all. of Husband's right, title and interest in and to the Rea]. Estate, and Husband specifically waives, releases, renounces and forever abandons all his right, title and interest therein. The deed of conveyance therefor shall be executed by Husband upon the signing of this Marital Agreement and delivered to Wife for recordation upon her signing of this Marital Agreement. Section 2.07.02. Liens. Enc~mhrances And Restrictions. The conveyance of the Real Estate to Wife shall be subject to all - 13 - liens and encumbrances including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. The conveyance shall further be under and subject to any covenants and restrictions of record. Husband shall remain on the Mortgage until it is refinance or assumed by Wife or until the Real Estate is sold as hereinafter provided. Section 2.07.03. Mortgage and Exp_ensem. Wife shall be solely liable for the timely payment of all expenses for the real estate, including but not limited the payment of the mortgage, real estate casualty insurance, utilities, maintenance repairs and the like, and shall indemnify, protect and hold Husband harmless therefrom. Wife shall maintain homeowners casualty insurance on the Real Estate at is fair market replacement value until such time as Husband is release from all liability under the Mortgage. Section 2.07.04. ~. Wife shall refinance or otherwise solely assume liability for the Mortgage no later than September 30, 2005, in such manner as to effectively release Husband from further liability thereunder. The costs of refinancing shall be paid by Wife. Section 2.07.05. Sale. In the event Wife is unable to secure the refinancing/assumption and release, then the Real Estate shall be listed for sale at its fair market value and shall remain so listed until the Real Estate is sold or the Mortgage paid off, whichever shall first occur. At settlement on said sale the net proceeds after payment of all normal settlement costs and payment of all existing liens, mortgages and encumbrances, shall be paid to Wife as her sole and separate property. SECTION 2.08. RETIREMENT AND PENSION PLAN~. It is the intent of the parties to equally divide the combined values of their respective 401K plans. It is acknowledged that for purposes of this section Wife's 401K plan is deemed to have a marital value of $5,967.00, Husband's 401K plan is deemed to have a marital value of $21,945.47, and a payment of $8,539.92 would be required to be made by Husband to Wife to equal the division of the two retirement plans. Based on the foregoing the following shall apply with respect to the two (2) 401K Plans. - 14 - Section 2.08.01. Wife's 401K Plan. Wife's 401K Plan shall be and remain the sole and separate property of Wife. Section 2.08.02. Husband's 401K Plan. shall be divided as follows: Husband's 401K Plan Section 2.08.02.A. Wife's Share. Wife shall receive as her sole and separate property the amount of $8,539.92 from Husband's 401K plan determined and effective as of December 31, 2001. Wife's $8,539.92 share shall be credited or debited with any earnings or losses on that amount occurring after December 3~_, 2001. The transfer of Wife's share of Husband's 401K plan shall be made pursuant to a Qualified Domestic Relations Order ("QDRO") to be entered in the above captioned divorce case so as to effectuate a tax free roll over of retirement benefits between the spouses incident to a divorce as permitted by the Internal Revenue Code. To tlhe extent permissible under the Husband's 401K Plan, the QDRO will permit Wife to make a direct transfer of her share of Husband's 401K plan into an IRA account established or to be established under Wife's sole name. Section 2.08.02.B. Husband's Shar~. amounts in Husband's 401K plan shall Husband's sole and separate property. Ail remaining be and remain Section 2.08.03. Waiver. Except as specifically provided in Subsection 2.08.02.A., each of the parties does waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in the 401K plan of the other party. Section 2.08.04. Taxes upon Withdrawal. If either party withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this Section (other than the transfer to be made to Wife pursuant to the QDRO which is to be a tax free transfer), that party shall be solely liable for any and all taxes and penalties resulting from that withdrawal. SECTION 2.09. BANK ACCOD-NTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to - 15 - their mutual satisfaction all of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life insurance cash value, ("the Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become the sole and separate property of Husband; and Husband agrees that all the Accounts held in the name of Wife shall become the sole and separate property of Wife. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in the Accounts that are to become the sole and separate property of the other pursuant to the terms hereof. SECTION 2.10. FAMILY DOG. Husband shall take possession of the family dog within six (6) months of the date of the entry of the Divorce Decree. THIS SPACE INTENTIONALLY LEFT BLANK - 16 - SECTION III DISTRIBUTION OF DEBTS SECTION 3.01. WIFE'S DEBTS. Wife warrants and represents to Husband that since the parties' marital separation she has not contracted or incurred any debt or liability' for which Husband or his estate might be responsible. Wife further represents and warrants to Husband that she will not contract or incur any debt or liability after the execution of this Marital Agreement for which Husband or his estate might be responsible. Wife shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. SECTION 3.02. HUSBAND'S DEBTS. iHusband warrants and represents to Wife that since the parties' marital separation he has not contracted or incurred any debt or liability for which Wife or her estate might be responsible. Husband further represents and warrants to Wife that he will not contract or incur any debt or liability after the execution of this Marital Agreement for which Wife or her estate might be responsible. Husband shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. SECTION 3.03. MARITAL DEBT. During the course of the marriage, Husband and Wife have incurred[ certain bills and obligations and have amassed a variety of debts, ("the Marital Debts"), all of which have been incurred in the individual names of the parties, and not jointly by them except for the Mortgage referred to in Section 2.07 and Wife's Vehicle loan referred in Section 2.06 herein. With respect to the debts incurred during the marriage the following shall apply: Section 3.03.01. General Provision. Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment for the payment of any portion of the Marital Debts that a party may have made prior to the execution of this Marital Agreement, whether or not that debt is specifically referenced in this Section. Section 3.03.02. Wife's Debts. Wife shall be solely responsible for the following bills and debts: - 17 - Section 3.03.02.A. Vehicle Loans. Any vehicle loan for Wife's Vehicle(s) as required and set forth in Section 2.06 herein. Section 3.03.02.B. Real Estate and Mortgaqe Expense~. Any and all payments, costs, expenses, and taxes associated with the Real Estate and the Mortgage as required and set forth in Section 2.07 herein; Section 3.03.02.C. Retirement Withdrawal Taxes. Any and all taxes resulting from her withdrawal of funds from her Retirement Plans set forth in Section 2.08 herein; Section 3.03.02.D. Other Individual Debts. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Wife's sole name, and not otherwise provided for herein. Section 3.03.03. Husband's Debts. Husband shall be solely responsible for the following bills and debts: Section 3.03.03.A. Retirement WitfLdrawal Taxes. Any and all taxes resulting from his withdrawal of funds from his Retirement Plans set forth in Section 2.08 herein; Section 3.03.03.B. Other Individual Debts. Any and all other debts, liabilities, obligations, loans, credit card accounts, and the like incurred in Husband's sole name and not otherwise provided for herein. Section 3.03.04 Cancellation of Joint Debts. Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation of this Marital Agreement, then the ]party incurring said charge shall immediately repay the same. Section 3.03.05. Non-Disclosed Liability. Any liability not disclosed in this Marital Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. Section 3.03.06. No Further Joint Debt.. From the date of this Marital Agreement, each party shall only use those credit - 18 - accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. SECTION 3.04. INDEMNIFICATION. Any party assuming an obligation pursuant to the terms of this Marital Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. THIS SPACE INTENTIONALLY LEFT BLANK - 19 - ARTICLE IV COUNSEL FEES, ALIMONY, SPOUSAL SUPPORT, APL, C}{ILD SUPPORT, ~tEALT.H INSURANCW., CHILD CUSTODY AND EDUCATIONAL EXPENSES SECTION 4.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. SECTION 4.02. ALIMONY. Husband shall pay Wife alimony in accordance with the following terms and conditions: Section 4.02.01. Amour. The alimony amount shall be $400.00 per month through and including June 30, 2007 and shall then be reduced to $200.00 per month commencing on July 1, 2007. Section 4.02.02. P~. The alimony amount shall be prorated for any partial month existing as of the date of this Marital Agreement. Section 4.02.03. Payment Terms. The alimony shall be paid on or before the 20th day of each month for the current month (month during which the payment is to be made). Section 4.02.04. Commencement and Termination Date~. The alimony payments shall commence as of the date of this Marital Agreement and shall end on December 31, 2008. Section 4.02.05. Early Termination. The foregoing termination date notwithstanding, the obligation to make alimony payments shall terminate prior to the termination date upon the death of either party, Wife's cohabitation or Wife's remarriage, whichever shall first occur. Section 4.02.06. Tax Reporting. The alimony shall be reported by Wife as income on her applicable income tax returns and deductible by Husband on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic - 20 - payment of alimony between Husband and Wife associated with a dissolution of their marriage and ]pursuant to a written marital agreement. Section 4.02.07. No Modification. The alimony obligation set forth herein shall not be subject to modification, either upward or downward, and regardless of any change in financial circumstances of the parties, whether by the court or the parties, absent mutual written agreement of the parties. Section 4.02.08. Payment. Husband shall pay the alimony directly to Wife. In the event, however, that Husband should fail to make such payments in a timely manner then at Wife's election the payments shall be made to and through Domestic Relations Office of Cumberland County, PA pursuant to a court order to be entered for that payment and Husband's wages shall be attached to guaranty that payment. SECTION 4.03. CHILD SUPPORT. Husband shall pay Wife child support for the support of the Child, Christopher D. Rogers under the following terms and conditions: Section 4.03.01. per month. The child support shall be $400.00 Section 4.03.02. P~. The child support amount shall be prorated for any partial month existing as of the date of this Marital Agreement. Section 4.03.03. Payment Terms. The child support shall be paid on or before the 20th day of each month for the current month (month during which the payment is to be made). Section 4.03.04. Commencement and Termination Dates. The child support shall commence as of the date of this Marital Agreement (prorated for any partial month existing as of the date of this Marital Agreement, and shall end on June 30, 2005. Section 4.03.05. D~. Wife will continue to provide for Christopher's daily needs during his minority including, but not limited to, food, shelter, clothing, allowance, haircuts school supplies and the like. - 21 - Section 4.03.06. P~. Husband shall pay the child support directly to Wife. In the event, however, that Husband should fail to make such payments in a timely ~nner, then, at Wife's election, the payments shall be made to and through Domestic Relations Office of Cumberland County, PA or any other County having jurisdiction over child support cases, pursuant to a court order to be entered for that payment, and Husband's wages shall be attached to guaranty that payment. SECTION 4.04. HEALTH INSURANCE. The following shall apply regarding health insurance on the parties and their Children: Section 4.04.01. Health Insurance for Spouse. Any party carrying health insurance on the other party shall continue to provide health insurance coverage on that other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal rules and regulations, provided that he or she shall be solely be responsible for the payment of the costs therefor. Section 4.04.02. Health Insurance for Children. Husband shall continue to provide health insurance coverage on the Children as long as they, or each of tlhem, are eligible for that coverage under the terms of Husband's health insurance plan. Section 4.04.03. Health Insurance Documentation. Any party having the insurance coverage for the other party and/or the Children shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION 4.05. MEDICAL AND DENTAL EXPENSES. The following shall apply to the medical, dental and optical expenses for the Children that are not covered by insurance: Section 4.05.01. Co-Pay Amounts. Wife shall pay the co- payment amount for office visits for medical treatment - 22 - (usually $15.00) and for prescriptions for the Children. Section 4.05.02 Sharing of Expense~. The parties shall equally share any other medical, dental, optical, orthodontic and prescription expenses for the Children not included on Subsection 4.05.01. and each shall pay 50% of any such expenses as they are incurred. Section 4.05.02. Insurance Coverag-. If such expense is covered in whole or in part by insurance then the amount of payment owed by each party shall be determined after the insurance payment is made. In the event payment is due before the application of the insurance coverage, then the fifty percent (50%) payment shall be made by each party when the expense is incurred and when the insurance payment is received it shall be divided between the parties equally. Section 4.05.03. Documentation. Any party having the insurance coverage on the Children shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical and dental insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. SECTION 4.06. ~JL$~ll][. The parties shall share custody of minor child, the Christopher D. Rogers. Christopher shall continue to live with Wife and will visit or stay with Husband at such times as the parties shall mutually agree. SECTION 4.08. EDUCATIONAL EXPENSES. Husband shall pay for both of the children's post-secondary ,educational expenses including, but not limited to, tuition, reasonable room and board, books, supplies, school fees, and a reasonable allowance. Husband shall pay the foregoing expenses as they are incurred and become due and payable. THIS SPACE INTENTIONALLY LEFT BLANK - 23 - ARTICLE V TAX PROVISIONS SECTION 5.01. INCOME TAX RETURNS AND TAXES. With respect to income tax returns filed or to be filed and taxes owed as a result thereof the following shall apply: Section 5.01.01. Prior Returns. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any' loss or liability for any such tax deficiency or assessment therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the aforesaid joint r returns. Section 5.01.02. Current Returns. The parties shall file individual tax returns for the current tax year and for every tax year hereafter. SECTION 5.02. PRESERVATION OF TAX RECORDS. Each party will keep and preserve for such periods of time as is required by the Internal Revenue Service all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. SECTION 5.03. NO TAXES FROM PROPERTY DIVISION. The parties believe and agree that the division of property made to be made pursuant to the terms of this Marital Agreement is a non- taxable division of property between co-owners rather than a taxable sale or exchange of such property.. Each party promises not to take any position with respect to the a, djusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the terms of this Section on his or her applicable federal or state income tax returns. - 24 - SECTION 5.04. DEPENDENCY EXEMPTIONS. The following shall apply regarding the income tax dependency exemptions for the parties Children: Section 5.04.01. Wife's Exemptions: Wife shall be entitled to claim the income tax dependency exemption for the children: Christopher D. Rogers and Shannon L. Rogers as long as those dependency exemptions can be claimed by either party. Section 5.04.02. ~F_o]~. If the IRS requires any forms necessary to effectuate the provisions of this Section, those forms shall be signed by the appropriate party from time to time as required by IRS regulations. SECTION 5.05. COLLEGE DEDUCTIONS. Husband shall be entitled to claim any available deduction arising out of the payment of college expenses for the Children on his applicable tax returns for the current year and thereafter. THIS SPACE INTENTIONALLY LEFT BLANK - 25 - SECTION VI CLOSING PROVISIONS AND EXECUTION SECTION 6.01. COUNTERPARTS. This Marital Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. SECTION 6.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. SECTION 6.03. BINDING EFFECT. BY SIGNING THIS MARITAL AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ A/~D UNDERSTOOD THE ENTIRE MARITAL AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS MARITAL AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed sealed and acknowledged this Marital Agreement in various counterparts, each of which shall constitute an original. WITNESS SUS~RS~ Date: KEVIN L. ROGERS~'"- ( SEAL ) ( SEAL ) - 26 - COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this the ~1)~- day of ~ ~ , 2002, before me the undersigned officer, personally appeared, SUSAN J. ROGERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Agreement, and acknowledged that SUSAN J. ROGERS executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and notarial seal. ~ission Expires: Notarial Seal Diane G. Radcliff, Notary Public Camp Hill Boro, Cumberland County My Commission Expires Jan. 11, 2004 COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF CUMBERLAND : On this the 10~ay of ~~_~~/ 2002, before me the undersigned officer, personally appeared, KEVIN L. ROGERS , known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marital Agreement, and acknowledged that KEVIN L. ROGERS executed the same for the purposes therein contained. ~ seal. IN WITNESS WHEREOF, I have hereunto set my hand and notarial Pm Lzc ~4~ sion Expires Notadal Seal Diane G. Radcliff, Notary Public Camp Hill Boro, C~m..b~edand County My Commission E×[.ir~., ~an, 11, 2004 - 27 - SUSAN J. ROGERS, Plaintiff KEVIN L. ROGERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4222 CIVIL TERM : CIVIL ACTION - LAW : : DIVORCE DOMESTIC RELATIONS ORDER This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits under the CIGNA 401(k) Plan or the Intracorp 401(k) Profit Sharing Plan administered by CIGNA Corporation and is entered pursuant to the authority granted under the applicable domestic relations laws or community property laws of the Commonwealth of Pennsylvania. The parties named in this Order were married on November 29, 1980 and divorced on December 20, 2002. box) This order relates to the provisions of: [ ] Child Support [ ] Alimony Payments (please check appropriate [x] Marital Property Rights PART A- PLAN NAME This Domestic Relations Order applies to retirement benefits under the: Ix] CIGNA 401K Plan [ ] Intracorp 401(k)/Profit Sharing Plan Page 1 VINVA'RSNI'8,::! AINNO~ (% ~,..,~,~NO PART B -- PARTICIPANT Plan Participant INFORMATION Name Kevin L. Rogers Date of Birth September 15, 1956 Social Security Number 568-04-3341 Mailing Address 381 North Middlesex Road Carlisle, PA 17013 Telephone Number (Optional) 717-243-1006 PART C -- ALTERNATE A1 ternate Payee~ PAYEE INFORMATION Name Susan J. Rogers Date of Birth March 30, 1958 Social Security Number 191-50-9917 Mailing Address 113 Lancaster Boulevard Mechanicsburg, PA 17055 Telephone Number (Optional) 717-791-0949 1An "Alternate Payee" as defined by the Internal Revenue Code, Section 414(p) (8) is a spouse, former spouse, child or other dependent of the Participant. Page 2 PART D -- DIVISION OF BENEFITS (Please provide a specific dollar amount or percentage and date to be used by the Plan Administrator to determine the alternate payee's assigned portion of the Participant's vested account balance.) Indicate one method only. [X] Specific Dollar Amount The alternate payee is awarded $_8_~~ of the participant's vested account balance determined as of December 31~ 2001 (allocation date, must be a month-end date). OR [N/A] Percentage The Alternate Payee is awarded N/A% of Participant's vested account balance determined as of N/A (allocation date, must be a month-end date). Ix] The Alternate Payee is awarded Earnings and Losses attributable to the amount assigned from the allocation date to the date a new account is established. OR [N/A] The Alternate Payee is NOT awarded Earnings and Losses attributable to the amount assigned from the allocation date to the date a new account is established. Note: Please be advised that the amount specified above is subject to the value of the account, and in no event may be greater than the vested amount available to the Participant under the Plan(s). Page 3 PART E -- COMMENCEMENT AND FORM OF PAYMENT Upon qualification of this Domestic Relations Order, the Alternate Payee's assigned benefit will be spilt following a thirty (30) day appeal period or upon receipt of a properly completed and notarized Waiver of 30-Day Appeal form. As soon as administratively feasible, the Plan Administrator will establish a separate account under the Plan for the exclusive benefit of the Alternate Payee. The account will represent a proportionate share of each investment fund from the Participant's account at the segregation date. Payment of the Alternate Payee's assigned benefit shall be made in any distribution form provided under the Plan as selected by the Alternate Payee. (Note: Following the establishment of the separate account, the Plan's Recordkeeper will provide the Alternate Payee with specific amount information along with instructions for making investment choices and electing a distribution from the Plan. These notice and distribution forms will be forwarded to the Alternate Payee within four weeks. The request for distribution will be processed as soon as administratively feasible once all forms are completed and returned to CIGNA Plan Management.) PART F -- UNDERSTANDINGS AND CONDITIONS Applicable Plan - This Order shall apply to the Plan designated in this Order and to any successor employer Plan or any other Plan to which liability for payment of the benefit may be transferred. Change in Plan Sponsor - Changes in Plan Sponsor, Plan Administrator or name of the Plan shall not affect this Order. Death Benefits - Should the Alternate Payee's death occur prior to the receipt of his/her entire benefit, such benefit remaining in his/her account shall be payable in accordance with the terms of the Plan unless the Alternate Payee has completed a beneficiary designation form and filed such form with the Plan Administrator. Federal Tax Treatment - For purposes of Section 402(a) (1) of the Internal Revenue Code, the Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee for any distribution relating to the division of marital assets or alimony made to the Alternate Payee under the terms of this Order. Thus, the Page 4 Alternate Payee will be required to pay the appropriate Federal Income tax on such distributions. Internal Revenue Code Section 414(p) (3) - This order is not intended to require: a) the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan b) the Plan to provide increased benefits (determined on the basis of actuarial value), or c) the payment of benefits to an Alternate Payee under another order previously determined to be a qualified domestic relations order. Loans - Outstanding loan balances will not be considered an asset when determining the Alternate Payee's allocated benefit. Name and Address - The Participant and the Alternate Payee must advise the Plan Administrator of any changes in their mailing address(es) or any legal name(s) as set forth in Part B and Part C respectively. Notice of Prior Order - By the submission of this Domestic Relations Order, the interested parties in this Order certify that they are not aware of any prior Orders which purport to dispose of the benefits described herein. Should a prior order exist, it is the responsibility of the interested parties to advise the QDRO Administrator prior to the QDRO Administrator's determination of the ~qualified status" of this Order. Plan Termination - If termination of any Plan covered by the Order causes the total benefits provided to or on behalf of the Participant to be reduced, any benefit thereafter payable under this Order to the Alternate Payee shall be reduced in the same proportion as the reduction in total benefits. Qualified Domestic Relations Order - This Order is intended to fulfill the requirements of a Qualified Domestic Relations Order pursuant to Internal Revenue Code Section 414(p) and ERISA Section 206(d) (3) and as such, this Order shall not require the Plan to provide any increased payments over those otherwise provided for the Participant under the Plan. Tax Basis - The tax basis of the distribution to the Alternate Payee will be on a pro-rata basis pursuant to Code Section 72(m) (10). Terms - The terms used in this Order shall have the same meaning as in the CIGNA 401K Plan and the Intracorp 401(k) Profit Sharing Plan. Page 5 Valuation - Accounts in the CIGNA 401K Plan and the Intracorp 401(k)/Profit Sharing Plan are valued on a daily basis. Because historical account balances are maintained as a month-end date, all Orders must use a month-end allocation date. IT IS SO ORDERED this ~)/~day Judge CONSENT TO ORDER The parties intending to be legally bound hereby, consent to the entry of the foregoing Domestic Relations Order and have hereunto set their hands and seals the day and year below written: Participant: Alternate Payee: (SEAL} Date: Date (SEAL) Attorney for Participant: None Signature Date: Attorney for Alternate Payee: Signature Date: ~_~G.,?RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Alternate Payee Page 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. ROGERS, Plaintiff ro KEVIN L. ROGERS, Defendant NO. 02-4222 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 4, 2002, and served on September 19, 2002. o 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. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. ROGERS, Plaintiff KEVIN L. ROGERS, Defendant NO. 02-4222 CIVIL TERM CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF T~{E DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made 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. Dated: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. ROGERS, Plaintiff KEVIN L. ROGERS, Defendant NO. 02-4222 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 4, 2002, and served on September 19, 2002. o 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. I consent to the entry of a final Decree in 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. Section 4904 relating to unsworn falsification to authorities. Dated: KEVIN L. ROGERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN J. ROGERS, Plaintiff KEVIN L. ROGERS, Defendant NO. 02-4222 CIVIL TERM CIVIL ACTION - LAW 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. o I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made 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. Dated: KEVIN L. ROGER~ SUSAN J. ROGERS, Plaintiff KEVIN L. ROGERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4222 CIVIL TERM CIVIL ACTION - LAW DIVORCE TO THE PROTHONOTARY: PRAECIPE OF TRANSMIT RECORD Se Transmit the record, together with the following information, to the court for entry of a divorce decree: GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of filing of Complaint: September 4, 2002 b. Manner of service of Com.mlaint: Acceptance of Service c. Date of Service of Complaint.: September 19, 2002 DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. ~: December 19, 2002 b. ~: December 19, 2002 DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF,S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of Filing: N/A c. Date of Service: N/A RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated December 10, 2002, which Agreement is to be incorporated into but not merged with the Divorce Decree. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D) (1) (I) OF THE DIVORCE CODE: a. Date of Service: N/A b. Manner of Service: N/A DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: December 19, 2002 b. Defendant's Waiver: December 19, 2002 Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 iN THE COURT OF COMMON SUSAN J. Plaintiff VERSUS KEVIN L. ROGERS, Defendant OF CUMBERLAND COUNTY STATE OF ~~ PENNA. ROGERS, PLEAS NO. NO. 02-4222 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT AND SUSAN J. ROGERS KEVIN L. ROGERS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , _2002 , it iS ORDERED AND , 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; No issues are outstanding. Ail issues have been resolved and settled by the Parties' Marriage Settlement Agreement dated December 10/ 2002, filed of record and incorporated into, but not merged with, this Decree. BY THE COURT: ~ ~ / PR NOTARY (f) (g) Qualified Domestic Relations Order - This Order is intended to fulfill the requirements of a qualified domestic relations order pursuant to Section 414(p) of the Internal Revenue Code and as such, this Order shall not require the Plan to provide any increased benefits (in actuarial value) over those benefits otherwise provided for under the Plan. Terms - Terms used in this Order shall have the same meaning as in the Plan Document unless the context requires otherwise. IT IS SO ORDERED this day of ,2003 Judge CONSENT TO ORDER, The parties intending to be legally bound hereby, consent to the entry of the foregoing Domestic Relations Order and have hereunto set their hands and seals the day and year below written: Participant: KEVIN Date: Alternate Payee: {SEAL} Attorney for Participant: None Date: ~ey ~~n~te Payee: DIe--CLIFF,, ESQUIRE,/ Date: Page 4 I SUSAN J. ROGERS, Plaintiff Vo KEVIN L. ROGERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4222 CIVIL TERM : : CIVIL ACTION - LAW : : DIVORCE : A .ND .D DO .STIC RE?. TIONS ORDER This Amended Domestic Relations Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits under the Company's defined contribution plan the name of which is: Encompass 401(k) Savings & Retirement Plan and is entered pursuant to the authority granted under the applicable domestic relations laws or community property laws of the Commonwealth of Pennsylvania. box) This order relates to the provisions of: (please check appropriate [ ] Child Support [ ] Alimony Payments Ix] Marital Property Rights Section (1) Participant Plan Participant Information: Name Kevin L. Rogers Date of Birth September 15, 1956 Social Security Number 568-04-3341 Mailing Address 381 North Middlesex Road Carlisle, PA 17013 Telephone Number Optional) 717-243-1006 The "Participant" is an employee or former employee who has accrued a vested benefit under the defined contribution plan. Page 1 Section (2) Alternate Payee Information: Name Susan J. Rogers Date of Birth March 30, 1958 Social Security Number 191-50-9917 Mailing Address 113 Lancaster Boulevard Mechanicsburg, PA 17055 Telephone Number (Optional) 717-791-0949 An "Alternate Payee" as defined by Section 414(p) (8) of the Internal Revenue Code is a spouse, former spouse, chilq or other dependent of the Participant. Section (3) Allocation of Benefits: This Order allocates the following benefit to the Alternate Payee: [ ] ~% of the current market value of the savings plan vested account balance. Ix] Specific Amount of $8,539.92. Section (4) Method of Payment The Plan Administrator will establish a separate account for the exclusive benefit of the Alternate Payee. The value of the securities allocated from the Participant's account will be based on the daily price at the close of business on the day the moneys are actually transferred from the Participant's account to the Alternate Payee's separate account. The Alternate Payee's allocated portion will be taken proportionately from all investment funds for which the Participant has a vested balance. Page 2 Section (5) Commencement of Benefits The Alternate Payee may elect a total distribution at any time following the establishment of the separate account. There may be additional forms (i.e. tax election, method of distribution) as required by the Plan to be completed by the Alternate Payee prior to the Plan's issuance of any payment. Section (6) Miscellaneous Provisions (a) (b) Cash Payment - The value of the securities distributed to the Alternate Payee in cash shall be based on the closing daily price as of the day the moneys are actually transferred from the Participant's vested account balance. ~ncorrect Paym_ents - In the event the Plan Trustee inadvertently pays to the Participant any benefits that are allocated to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse such payments directly to the Alternate Payee. (C) ~ederal Tax Trea~m~en~ - For purposes of Section 402(a) (1) of the Internal Revenue Code, an Alternate Payee who is the spouse or former spouse of the Participant shall be 'treated as the distributee for any distribution made to the Alternate Payee under the terms of this Order. As such, the Alternate Payee will be required to pay the appropriate Federal income tax on such distributions. Further, the tax basis of any distribution to the Alternate Payee shall be on a proportionate basis pursuant to Section 72(m) (10) of the Code. (d) Notice of Pay~__ent to Participant,- The Participant will be notified as soon as practical following the establishment of the Alternate Payee's separate account. (e) Notice of Prior Orde~ - By the submission of this Domestic Relations Order, the interested parties in this cause certify that they are not aware of any prior orders which purport to dispose of the benefits described herein. Should a prior order exist, it is the responsibility of the interested parties to advise the QDRO Administrator prior to the QDRO Administrator's determination of the "qualified status" of this Order. Page 3 (f) (g) Qualified Domestic Relations Order - This Order is intended to fulfill the requirements of a qualified domestic relations order pursuant to Section 414(p) of the Internal Revenue Code and as such, this Order shall not require the Plan to provide any increased benefits (in actuarial value) over those ibenefits otherwise provided for under the Plan. Terms - Terms used in this Order shall have the same meaning as in the Plan Document unless the context requires otherwise. IT IS SO ORDERED this 7 - ~ Judge CONSENT TO O ER The parties intending to be legally bound hereby, consent to the entry of the foregoing Domestic Relations Order and have hereunto set their hands and seals the day and year below written: Participant: KEVIN L. ~ROGER ,~" - Da t e: {SEAL} Alternate Payee SUSAN J../RQG~.RS Date: {SEAL} Attorney for Participant: None Date: orney te Pa ee: A~B-~DCLIFF,, ESQUIRE,/ Date: Page 4