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Home My WebLink About96-03717 ,. Iii .,' ;'1' ", ,I :;U'l(l .,,}~!\.' 'I 1'0 "~,\l~.\,tJfhHi, .1 ;/:,(.rl.\f,ln " ;J,:.-':_:':,:;'Jrr:'lf!, I' '" I. _ ,'I." "f i.l.:'\!;\t!, ,," .j' _,I_I.'!)' ','-, "';.i't),,'iq_; }I .\1 I! "h,'1 \\.>'j,;;E?J.l~\fi~ t < !;-"~.'l\:_~-;-:I{:(-'j~'~l-tj)(I'~{~-_~~V! 11,'1,),.: 1"'h;" 11'1_ '_,J j. ,1"',' __-1: ,J )!i-,,~rL!,-~JI" "I'L,' :,_\t'j,"',: I)!'i/'l:~~ ,';11 i"_':<;J'!'i:,1AI'I! J ':")1'\':\ '", " i':; I. 1,i,lltl~1 , 'I:',;,~:,~ I': '!I;,ll!':V~. ,- i !'!~"~Ii~ ,I'"'~ 10: '_'~I')'__-'f;/~~I :r}\';:'J,-~ NWI! \t\);~~ 'it '.' 1'\'; >"~~)#rl~H ' I ;)'1. : "( M:mft~! '1,'(' . 'rl'~, f~j-J.;l,!I)'~ '; ,:,111 '" Il'~ , "l.lt , ": ' ':Ij~\:(~ "I,> :\ ,I "'''h' 'JI 'h' '~I" "',1([\ I 'J 'I, < , i, "r. 'j~ j "", ,I,' ',I ,( 1",vA'i1/I~ '.,,, I'.... )",," 'd".! I "-' - ','i':,t:L'j;1 ' ,j'.,," '. !'_:;IP.\!:t:.',~:~,~ ':~i.' '" '',I-:-r j"::-;~;/'i;~-N~!i;k,;.;{I'~ 'tnt1!_"",,\-,,: ~'I"rli.-,b'i/I -"1'>1:" \ "-" "',' "'-("":I(j'I'''~i ',. ;,lil,;';':::~;:i:,1H# ":i,"I'_,I,, ":!\\i.i;I:'-i.II_:tJ'~ ';"1 ,).' ,:(-(_d':';!r'l'::I~'_~ , ,.,.'.1.1""111""111 ''-'''"I'J..''I\''':' ilii;,:I~' .~ ;;,<1 iI',::,;!, r..111..:~ ",~,\.,q! -'!-"il 1;1.,', ',\I,I~"/~':~ '1"\_')" ',;1;.1:i";'~Ni I:L,q":'l ',~' " ';"".jH,"j L . ,y :;'<\::i:f~i~ ',' ~'.." "~I"~ 'I,';' r}hl-I 11"11'1';"')" ; ",'I' _"i';W,I.,/',! 'I" 1" \' I '-:,"'lllllr:!' II i i,,'l:I":-/'J', 1,I'iiill ',:';,:://; ..il'i!,' ;1 ";"JI\ln ,::'.':::':H 1,'" i," ", ii, 'i . , ',-- "1":;' ;'\1'" ' I '~' " " ,l I, 1'1 " , , .1 , , ',1.' , ., . ,,' !,l" " I, , ",I 'I " " "I '" , ;:' '" I' !'! , , , ',/1 I' " 'II " , " ,',I' ., ,,' "I , ,', :', " I, ',,' \\'1' ". " i: , ,I, , i" , 1';1, " '1'1'), " , :IJ", , , , , , , 'I: ., , \,i, 'I, 'I , " , , " ,'il J , " ,Ii , , !' i\ if ';~'I ;;~ l "1"/'\1 , " ., ,-,'hI 1'( , , " "1',;,:::,:, "", II! I \,i " , I " 1:1'1 , ii' " " " ;, ., , , '>> "" ", :i'l- '-,' " ',";IL 'I" f,' , , , "',,' " ., .. , " ,'I ',,1 J, \ , '!)j ,,".-;,( ,.. . . , -------------------_._--------~ . ~--_...._"-_..._-'"_._.._,,-_.-.._..,.._.,-,,,... "........ --,-_.._-- .._---_..~---_..-. . . . . . . 8 8 8 8 8 8 8 8 8 8 8 8 8l ~ i . . 8 . . 8 8 8 8 . - - . t.-....__ IN THE COURT OF COMMON PLEAS COUNTY OF CUMBERLAND STATE OF .' PENNA. 1'\ \),3717 . ..Ci.v.U, \1)96 STEPHEN OBERHOLTZER Vtl I':' 1 I.... MAUREEN L. OBERHOLTZER DECREE IN DIVORCE AND NOW, ,,'.. ,~9,\(~)I'fIP~t:".. ,If"...., 19')11,.", It is ordered and decreed that ,., s~~'J)l:l~P. ,Ob~'r,hol t,H.r , , , , , , , , , , , , , , , , , , , . , , " plaintiff. and,.,., Ka.l!H'PH ,1;." .QQ~'rhQJ.tfWI:.".,."".""",..",." defendant, ore 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; :I:'t:~, ,Eg\li,tab~~, ,Dist,~ibuti,'!~l A,~r~.~'mt'r!~.I:l,~'~":"!_'~',n, th,~'I,Hl,rt.l,e!l, .~!!~~? August 17, 1998, is incorporated into this Decree. .............,.... ....,...."...,.."....".,., ,..,.,.,.", ,....,..,..,... CAlL Aile." (/.nt.. ,(".>t1,y. ',.~~,..,.,~ '~~~"'l ~~. ~({ ,j 'l'rolhol1ull\ry n y ~ .:+:. -:.:. ,~:. ':.:- .:.;. .:.;. .~:. .:.:. .>>:. .:.t. J. . . . 8 8 * I I. s I . * I . . ~ . . ~ . . * . . . . ~ . ~ " . I~ I' I~ /' 1M , ' 'w I, I~ j~ I;' ;~ " ~ " , '~ .~ I I ~~ ." ...-- ... " r~ '.,! -, II. l.;l.~ 11',b) ~ ~' d?? ~~ 4-~ ~"~'L4!f ~~~iJ~~~ 'f: ~ ' r " .. " " '. 'j^ ". " vs. In the Court of Common Pleas Cumberland county, Pennsylvania Civil Action - Law No. 96-3717 civil STEPHEN OBERHOLTZER, Plaintirt MAUREEN L. OBERHOLTZER, Defendant In Divorce PRAICIPB TO TRAMSKIT To the Prothonotaryr Transmit the record, together with the following information, to the court for entry of a divorce decree I 1. Ground for divorce: irretrievable breakdown under 53301(C) of the Divorce Code. 2. Date and manner of service of the complaint: served July 12, 1996 - Acceptance of Service attached 3. Date of execution of the affidavit of consent required by 53301(c) of the Divorce Code: by plaintiff: October 29, 1998 by defendant: October 20, 1998 4. Related claims pending: none 5. Date plaintiff's Waiver of Notice in 53301(c) Divorce was filed with the prothonotary: dated October 29, 1998, and filed herewith Date defendant's Waiver of Notice in 53301(C) Divorce was filed with herewith the prothonotary: dated october 20, 1998, and filed --::r;) Timot::. Esquire Turner an O'Connell 258 North Street P.O. Box 1123 Harrisburg, PA 17108 (717) 232-4551 , II " 1, ',1'1 \', ,',' .,,1) " II: i' , , ., , ALED-OI-"f\CE OF Tl!r: pflOtHONOTARY 98 NOV -4 PM,I2106 , , CUMO\:.HLN\~l) COU~C1Y PENNSYLWNIA " , , ;1 I 1'1 n,' , , I I' " , ,I ,i' '. , , : , , , , , , ! , " ., ", , ., , ., , " ',' ,..1,' \, , 1,;- " " '1/ '''\ " , " I' "",'(1 ..:,'1 I:' I,;" "';,1., ';/1' ",-I! '_,'II!. , "I'" " : t ,Ill,,; ,::::,; :.j': i_~'I, ;1; , . , , ' " ':,'1 , , " , \(:'11 -, 'I -:1' " , , , ',I, , )'1 , " " : ! ~' , ), I '-'I , , ,':'! " " " , , t". I :',1 " , " '1-',' .,',',1 'I, ., '" , " 'J, ,'J ,', ,.1 '.' " " ",I ,;' 'J ','/,' :i) , \1',"',' " I" , " ',I ,," ;-1 'j' ,> " ,I " , ,,'/\ ,I. J"i-' " ",r " '-' ,: ;' '1' , '.,' "J ,-r;- :-1' '\ .-1.1':' '-,;1":' t i' 'I~' "\" :'-1' I.';,ri; ;1 i, i'". ,I :, " " , II", ,', ;1' :', ',,'- ',' (;,' ! "'i" .: -I 1,\'.1':/'.'-1 ',1.-, ! ,I, t_ ~, ' '" "l' '1,1' ~I , " , I , , I ',I, " " " ,/ . il',tl :', '1.1 , " I ~ t f! \ J' :l II -,'\' i-,y" .1 Ir.;I::< ',I '_h-,I :;/: ,"I ( ',J ," , , I , , " "1/, '1;) I , , ., , ., , '., I 'II " , I' ";1 I " .. , ',' ; 'I: , " '/1" ." ',' i' '\';"i , ., .~ I :,")r: ., " " , '. r..l , I'" , " , '" , , " ! , ,,: , ,. " ., I '" , , ., " !:., :1' " ,', ',I' " ',,{" "".j " 1; , ~ I ,.1 :'; I:' :' ,;:~' , ,.,1,.1) '. (' " ',' I, , , '/1 ,I', , , , I : , I ", , " , , .,: , ,j' , " I, ','" " ;1, , ", ,j: .\' , " , , ': I . , , .1 i , , . va. I I I I I I I II TB. COURT or CONKO. .LBaI CUIID..LUD COUIITY, ......YLVlUflA CIVIL ACTIOI - LAW 10. IIV, ) 'II / (f (' I'l Q I. OlVORCI '~.'I" O.."OLTI.., .1a:1.aUff MAUl... L. O.."OLTI.a, Deread.at IOTICI TO OI'KI>> AID CLAIM RIGHTS YOO BAV. ...1 80.0 II COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, inclUding custody or visitation of your children. When the ground for the divorce is indignities or irretriev- able breakdown of the marriage, you may request marriage counsel- ing. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisl~, Pennsyl- vania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER- TY, 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. Court Administrator Cumberland County Courthouse 4th Floor One Courthouse Square Carlisle, PA 17013 (717) 210-6200 I, .'.'1" O....OLTI.., na1DtUf I III TI. coua, or COIOlOIl 'LDI I cUllnaLAlll) COUll'l'Y, .....IYLVUIA I I CIVIL ACTIOIl - LAW I 110. 'i(,nn ('.f( ;:. I I III DIvoac. va. HAaU... L. O....OLTI.a, Defendant. COUNT I Divorce Under Section 3301(C) 1. plaintitf is stephen Oberholtzer, an adult individual, who resides at 110 South Enola Drive, Enola, cumberland county, Pen- nsylvania 17025. 2. Defendant is Maureen L. OberhOltzer, an adult individual, who resides at 110 South Enola Drive, Enola, Cumberland county, pennsylvania 17025. 3. plaintif.f has been a bona fide resident in the Common- wealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and Defendant were married on June 30, 1972, at York county, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the Court require that the parties participate in counseling. 8. Defendant is not a member of the armed services of the United states or any of its allies. WHEREFORE, plaintiff requests the Court to enter a Decree of Divorce. . .......... ..~ ~ , 1-....,. 11 \' " w, .' . Ii" , , , ' .. , COUNT II Equitable Distribution g. Para\Jraphs 1 throu\Jh 8 are incorporated herein by reference. 10. Plaintiff .tates that the plaintitf and defendant posse.. various items ot both real and personal marital property which i. subject to equitable distribution by the Court. WHEREFORE, plaintiff requests that this Court: a) equitably distribute all property, personal and real, owned by the partie.; b) such other relief a. the Court may deem equitable and just. . //~Y/------~ ~am.. HI'TUrner, Esquire TUiHER AND O'CONNELL 258 North street P. O. Box 1123 HarriSburg, PA 17108 (717) 232.4551 2 , '. I.'" 'I" , H . , ! , I i, , , . . Vel'ifiaatioll I verify that the statements made in the foregoing Complaint Under section 3301(c) of the Divorce Code are true and correot. I understand that false statements herein are made sUbjeot to the penalties of 18 Pa. C.S.A. section 4904 relating to unsworn falsification to authorities. Dated I b ,- 2 <( -., '=' S ' ") jJ '! fr.;Ui..... L ~lt/~ stephen Oberholtzer . , , , , STEPHEN OBERHOLTZER, plaintiff In the court of common Pleas cumberland county, pennsylvania civil Action - Law No. 96-3717 vs. MAUREEN OBERHOLTZER, Defendant In Divorce ~~IDAVIT O~ COMB.NT 1. A complaint in divorce under 53301(c) of the Divorce code was filed on July 3, 1996. 2. The marriage of plaintiff and Defendant is irretrievab- ly broken and ninety (90) days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.S. 54904 relating to unsworn falsification to authorities. Date: 10 ,- 1- '1 - q fI s~~ e~' o:~~h~i~1:<, .. Social security No. 20,\ .l(2- 2,')00 " " , ~, ~ !lil r.~ d~ "rJrr,j' r.. rU1.1J ",'.' '. 1'..:11", , I !l . Vi . . 01:' '~h? r~r~-j '. --":'1 ')~ ~'( .. ~J~ f"~ t.t; N 6rl .1'''1+' .. ,..., .',;: <::) '>< :;J r,J ,:Q 'II! I I' STEPHEN OBERHOLTZER, : In the Court of Common Pleas plaintiff : Cumberland County, Pennsylvania I vs. I civil Action - Law I No. 96-3737 MAUREEN L. OBERHOLTZER, I Defendant I In Divorce urIDAVIT or COMS.lIT 1. A complaint in divorce under S3301(C::) of the Divorce Code was filed on July 3, 1996. 2. The marriage of Plaintiff and Defendant is irretrievab- ly broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsifioation to authorities. Date:)O :}(j, 9g /7fr,n IIJrYI A () LIr,,;)~ Maureen L. Oberholtze Social Security No. ;;,O~. 'I.')' 7JQ.'l_ -".... .- .- " , ' " s ~ ~ :~ it "TJ.fiJ ,':.l , "['1 IJ)ln ~'.: t'!.,t;{' I I Y.l~ " Cil.' ' 01;;- ;;:'(0' '~~ I ~,!: .-: '1) l~~ t~; (~ ::r: '., r"Tn N '"-rr J;. ~,., .. 'i 1. ~ .::;) ~ - . C,,) ., " I, I " , " , " p .~ , "1' , . l.} .~~"': l,i ' ;'5'1.;-'" i;..~/ . 1; '.' ;;(-') J,;C', r-. :;1 Lt) c.'l:j ...~ r., .'1: ~ 'i? .-J ''':1) r!~fj ,.\ '" ,/._~' .....Jt- fr' s.. ~ , ~.~ ,,' :.'] .- ;;:s " :::> t.I1 " , , STEPHEN OBERHOLTZER, plaintiff In the Court of Common Pleas cumberland County, pennsylvania civil Action - l,aw No. 96-3717 civil VB. MAUREEN L. OBERHOLTZER, Defendant In Divorce WAIVI. or NOTICI or IBTIHTION TO algulST IHTRY or A DIvoaCI DICRII UHDla &3301101 or TH. DIVO.CI COD. 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until 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 Bubject to the penalties of 18 Pa. C.S. S4904 relating to unsworn falsification to authorities. Date: :f/~q"AJt'" 1 11fl.A~ttff~'U MaU een L. Oberholt er /0- ;)0-9:7 .....';....... '- ',1 " ;. .0 !€ ('~ , '1 , :.~ :.!: t~tP ';:1 I 1":",') , '"" I"' ~: lip ,.jt{.. I " 0.;', ..- ,!'i. 'j "1>'1', I!.J .177'..1 -.) )f'/_-. ::t; i'ifY " .,;/.; - :f'.",t;" )~c'~ ~ ':fJ , ~ ':::1 , in ~ I I I, t , I " I ., , I " I , I ',\ I . I , I ! ,( ! , , " " '.) , , , " , f.I ~ (') ,- '1', ")f' :7.: ,J r.IJI' :~ ,;:r/ ~;i)' I ,j~ 0, F1I.: .f~'" t~l:;" -n "i~ ;.r::,. ~!~ ,,,\"1' .'~ c" N , ~~. .,' c.l ' l ., .. ~;J ~ => 'tJ ?< STEPHEN OBERHOLTZER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-3717 Civil CIVIL ACTION - LAW. IN DIVORCE v. MAUREEN L. OBERHOLTZER, Defendant PItAICUI TO THE PROTHONOTARY: , Pleaae disoontinue Count II, Equitable Distribution, ot the Complaint. Datel 10/30/98 ~~~ ~ C-J Tim~~. O'Connell, Esquire Turner and O'Connell 258 North street P. O. Box 1123 Harrisburg, PA 17108 (717) 232-4551 Attorney for plaintiff I ' STEPHEN OBERHOLTZER. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE MAUREEN L. OBERTHOLTZER : DEFENDANT NO.96-3717 CIVIL PRAECIPE TO ENn~R AI)PEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Maureen L. Oberholtzer. the defendant, in the above captioned mailer. -t,J^'f ~Q_191!Q . " ;1. ';d; Ji,,~ . ancy I. Uu Certitied Legal I tern ;{', ; ..,; l'l,,, I I /"J 'I _' Il, ,\ ',. '- pAIL R, SHEARER Staff Attornly ROBERT E. RAINS KATHERINE C. PEARSON THOMAS M, PLACE Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3639 STEPHEN OBERHOLTZER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : IN DIVORCB MAUREEN L. OBERHOLTZER, Defendant . . : NO. 96-3717 CIVIL TERM CERTIFICATE OF SERVICE I, Nancy I. Llu, Certified Legal Intern, Family Law Clinic, hereby certify that I am servina a true and correct copy of Praecipe to Enter Appearance on James H. Turner, Esq., at TURNER AND O'CONNELL, 258 North Street, P.O. Box 1123, HarriSburg, PA 1710B, Dauphin County, Pennsylvania, by depositing a copy of the same In the United States mail, this 30th day of July, 1996. , , ! THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-296B ." , " 'I , , " ',' I I 8 '.0 0 , en 'II tllfJ,1 r.;:: ~i fl'ta t:';(' ,.,) ',1 (I, ' C'.) J, t"r ., , ?! I,~ II.,,:c .'N ",) : ~~~ -. ":\"1 - .. ,-... "1>> -'I ", ...1 .... .r:.,\ \".H , ,-I " "i -If '1 " . STEPHEN OBERHOLTZER. Plalnliff/Respondenl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW v, MAUREEN L. OBERHOLTZER. Defendanl/Pelilloner NO. 96-3717 CIVIL DIVORCE PETITION FOR ALIMONY AND NOW comes the defendant/petitioner in the above-captioned divorce action. by and through her attorneys, the Family Law Clinic, and sets forth the following petition for alimony, pursuant to Pa,R.C,P. No, 1920,15(b): I. On or about July 3, 1996. the respondent Stephen Oberholtzer tiled a complaint in divorce. 2, Petitioner and respondent were married in June 1973. and therefore this is a marriage of long duration, specifically twenty three years. 3, Petitioner is 43 years old and Is presently a patient at Harrisburg Stale Hospital with an incapacitating illness. 4. Petitioner is not gainfully employed. S, Petitioner has been the primary caretaker of the parties' three children, the youngest of whom is now 17 years old, As the homemaker and primary caretaker, petitioner forewent economic opportunity which would otherwise have been available to her. 6, Petitioner does not have a high school education. 7, Respondent is employed and is financially able to provide for the reasonable needs of the petitioner. 8. Petitioner requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage, I I " , " I I " 9. Petitioner lacks sufficient property to provide her reasonable needs and is unable to support herself through full-time employment. WHEREFORE, petitioner requests the court to enter an award of reasonable alimony. and such other relief as the court deems just. i. Respectfully submitted, Dale 0,,23., 9J /'1 ~ / / ' " \ #\/(2:: fdt~ Thomas M, Place Robert E, Rains Katherine C. Pearson SUPERVISING ATTORNEY Gail R. Shearer STAFF ATTORNEY FAMILY LAW CLINIC 4S North Pitt Street Carlisle. PA 17013 (717) 243-2968 Fax: (717) 243-3639 I, YEBJflCATION I verify that the statements made in this Petition for Alimony are true and correc:tto I the best of my personal knowledlle and belief, I understand that false statements herein are made subject to the penalties of 18 Pa,e.S. ~4904, relating to unsworn falsification to authorities. Date: 9, l:3 . 96 CJnWl"",.f O~ MAUREEN L. OBERHOLT R, Defendant/Petitioner ". STEPHEN OUERHOLTZER, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v, MAUREEN L. OBERHOLTZER. Defendant/Petitioner NO. 96.3717 CIVIL DIVORCE CERTIFICATE OF SERYICE I, Nancy I. Liu, Certified Legal Intern. Family Law Clinic. hereby cenify that I am serving a true and correct copy of Petition for Alimony on James H, Turner. Esq,. at TURNER AND O'CONNELL, 258 North Street. P,O, Box 1123. Harrisburg, PA 17108, Dauphin County, Pennsylvania, by depositing a copy of the same in the United States mail. this -L-st day of October, 1996. / ,*~~ /1 - ( I" 'I , \/1, l (,IL- I Nancy J. Liu Certified Legal ntem THE FAMILY LAW CLINIC 45 North Piu Street Carlisle, PA 17013 (717) 243.2968 " " ".) n 1.-' '. I'::'t 'I -, " , ~ ", ,'.1 " 171 ' , ~ f', ,,' '"P -, , ,r !J "'.. , .r li: . , ' , , 0 1~? . i :l~ It ~ ,( .s' )rr ! ~ ',11 'I ~ ~ -oj ~. " ~ ~ r0- m ..J:... "'<) ~ AI r- r 4 5. Defendant's current and wt known mallin, address Is 2 East Second Street Apt. 28, HummelslOwn, PA 17036. IT IS ORDERED, ADJUDGED AND DECREED a, follow: 1. A ponlon of the aforementioned Appleton Paper Incorporated Retirement Plan II marital property subject 10 distribution by this Court. 2. The marital property component of the Appleton Paper Inc. Retirement Plan Is 216/451 of the projected estimated monthly benefit at normal retirement based upon the Participants's salary on the date of the parties' scparatlon, April 14, 1996. If the Participant retires or his employment Is terminated before the normal retirement qe, the denominator of the aforementioned fraction, which determines the marital property component, shall be adjusted as necessary to reflect the total number of months worked to earn the benefit. 3. The benefits shall be payable to the Alternative Payee on or after the date on which the Participant attalns (or would have attained) the earliest retirement age, as if the Participant had retired on that date, even if the participant has not actually retired or separated from service. 4. If the Participant elects early retirement and if there is an early retirement "incentive" beyond what is prescntly available under the Plan, the Alternate Payee shall be entitled 10 the same pro rala share of the marital ponlon on any early retirement incentive that mlaht become available, but only to the extent that the Incentive Is based on years of service durin. the marrlqe and prior 10 scparation. I, 5. The term of the payments is for the life of the Alternate Payee, with payments 10 commence at the retirement date chosen by the Alternate Payee but in no event earlier than the earliest retirement date provided under the Plan. 6. The Plan to which this Order applies is The Retirement Plan For Employees of the Harrisburll, Pennsylvania Plant of Appleton Paper Incorporated UPIU 11098 or any successor plan. 7. The Alternate Payee, Maureen Oberholtzer, shall have the same rights with regard to her portion of the Plan as are available to the Participant, Stephen Oberholtzer, with regard to his remaining portion of the Plan. These rights include, but are not limited to the right to elect from the existing retirement dates and payment options. In no event shall the Altemate Payee have areater rights than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan and is not entitled to any benefit specifically prohibited by the Retirement Equity Act of 1984. g. The Participant shall designate the Alternate Payee as the .surviving spouse" for all purposes under the retirement plan without regard to whether the Participant has a subsequent surviving spouse. The Alternate Payee shall be entitled to 50 percent of the marital portion of any pre-retirement pension benefit which might result from the death, before retirement, of the Participant. The marital portion of such benefit shall be determined as set forth in Paraaraph 2, above, by adjusting the denominator as necessary to reflect the number of months actually worked. The remaining pre-retirement benefits, consisting of the remaining 50 percent of the marital portion, as well as all of the non.marill&l portion, shall be distributed to the Participant's current spouse or such other person as the Participant may have designated for this purpose. The Alternate Payee's written consent shall be required for any election of benefill by the Participant that Is contrary to the terms of this Paragraph. 9. Any reasonable costs Incurred by the Plan Administrator to effectuate the terms and provisions of this Qualified Domestic Relations Order shall be assessed such that the Participant, Stephen Oberholtzer, pays 100% of the costs. 10. The parties shall promptly notify the Plan Administrator of any change In their addresses from those set forth above In this Order. 11. The parties shall promptly submit this Order to the Appleton Papers Retirement Plan Administrator for determination of its status as a Qualified Domestic Relations Order. 12. Neither party shall encumber, transfer, pledge, or In any way dispose of any portion of this pension plan until such time as the Plan Administrator has qualified this Order, after which each party shall be entitled to take such actions a:; he or she deems appropriate with regard to his or her share, free of any claim by the other. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 and any successor acts or amendments. The court retains jurisdiction to amend this Order as might be necessary to establish Its status as a . " ,.. Qualified Domeatlc Relation. Order under the Retirement Equity Act of 1984. BY mE COURTe . Consented to: Dated: I() .,l, '1- '/ R fJf~ ~muioikhr Defendant, Alternate Payee Dated: 10'. Q{J , 9w \ " I'..!..:...',.I:,....',... ("'.~ .... ." n'( , . JI V' c:p, 1:lt!'.' \ \) 1\ :1,t 10 (. ,Ji , .,i.n ,I._I. i'i,,' .\1'.. , -! 1\ ,:,,1 ,. . ." Il,' ~'1 ...... III ... ..... ... .... , , '1 ~ ~ " ,;," \ II. 5"Y IJ~ STEPHEN OBERHOLTZER, I Plalnlllr I I Y. I I MAUREEN OBERHOLTZER, I DefelldaDl I I IN nIE COURT or COMMON PLEAS or CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW IN DIVORCE EQUITABLE DISTRIBUTION NO. 96-3717 CIVIL OUALlIi'I...'o DOMF~TlC R~I.ATIONS ORDFII AND NOW, thl.~day of November 1998, the Court enlen the followln, order: Stephen Oberholtzer and Maureen Oberholtzer stlpullle 10 the followln, fac..: I. 'lbe putlea hereto are husband and wife and I divorce action Is prelOntly pendln, In this Court It the above number. 2. Stephen Oberholtzer (Social Security Number 208-<62-2'00), here Ifter referred to u "Participant", Is employed by Appleton Papen Incorporalcd, HarriabUf', Pennsylvanll, where he I. a participant In the ApplelOn Papen Retirement Slvln,s Plan. This Is the "Defined Contribution Plan" or "Savinls Plan", UPIU 11098 account Number 091318, here Ifter referred to U the "ac:c:ount"; and 3. Maureen Oberholtzer (Social Security Number 208-<62-7127), hereafter referred to u "Allemale Payee", has raised claims In the above captioned cue for, Inter alii, equltabllll distribution of marital property pursuant 10 the penn.ylvania Divorce Code; 4. Participant's current and lut known mallin, addreaa in 110 South Enoll Drive, Enola, PA 1702'i and " Allernate Payee's current and lut knOWil mallin, addreul. 2 EIIt Second Street Aputment2B, HummelslOwn, PA 17036. IT IS ORDERED, ADJUDGED AND DECREED u follow.: I. A portion of the aforementioned Slvln,s Plan account I. marilal property subject to distribution by this Court. , '."1 . -".... ,.'- " 2. Alternate Payee shall be allocated Ten Thousand dollar. ($10,000) of the vested balance, without regard to IlI1Y outstanding loan. to Participant, from Participant'. Pian account as of Augu.t 17, 1998 which i. the Allocation Date. The Plan Admini.trator i. directed to establish a separate account in the name of the Alternate Payee. Any outstanding loan to Participant, whether incurred prior to or after the Allocation Date, .hall be allocated wholly to Participant'. account. 3. The tenn of said payments Is for the life of the Alternate Payee, a number of year. certain, or a lump sum payment, the tenn to be as selected by the Alternate Payee from any payment option available to her from the retirement plan. 4. The Alternate Payee shall be entitled to distribution of the balance in the Alternate Payee account at any time upon her request, as provided in the Plan for distributions to Plan participants whose employment has been tenninated. Alternate Payee will be entitled to apply for hardship withdrawals from the Alternate Payee account on the same tenns and conditions as other plan participants but, Alternate Payee wlli not be entitled to obtain any loans from the Plan. S. In the event the Plan provides the option to the Participant to elect to obtain benefits at the earliest retirement age, the benefits shall be payable to the Alternate Payee on or after the date on which the Participant attains (or would have attained) the earliest retirement lI&e, as if the Participant had retired on that date, even if the participant has not actually retired or separated from service. 6. The Plan to which this Order applies is the Appleton Papers Retirement Savings Plan, UPIU #1098 account number 091318 or any successor plan. 7. The Alternate Payee shall have the same rights with regard to her portion of the account as are avzilable to the Participant with regard to the remaining portion of his account. , ,/ , These riahts include, but arc not limited to, the riaht to desianlte I beneficiary of retirement benefits, the ri&htto elcct from the existlna retirement dates and payment option I, and the riaht to luch inCre&ICI in value in the account u milht occur u I relult of aeneral uparadlnl of the plan, plan amendments, earned interest, profitability of plan inveltmentl, but not from increuel in value which result from future increasel In the Plrtlclpant'l compensation or hll future contributions to the plan. The Alternate Payee reallzelthatlhe plan mlY experience louel IIId that those losses could be usessed Blalnst her account. In no event Ihlll the Alternlte Plyee , I have are&ter rights than those which arc available to the Partlclpanl. The Alternlte Plyee il not entitled to any benefit not otherwise provided under the Plan and II not entitled to any benefit specifiCally prohibited by the Retirement Equity Act of 1984. 8. Any reasonable costs incurred by the Plan Administrator 10 effcctuate the terms and provisions of this Qualified Domestic Relationl Order Ihlll be UlIllled ..II nit the Participant. 9. The Alternate Payee shall have the rllht to roll ovcr the benefitl distributed to her punuantto the terms and provisions of this Order to another elllllble retirement plan, luch u an Individual Retirement Account or to an Individual Retirement Annuity. This transfer will be considered a tax-free rollover of the benefits distributed, provided that the balance to the credit of Alternate Payee is distributed or paid within one (I) year of receipt. 10. The parties shall promplly notify thll Appleton Paper Plan Administrator of any chanae in their addresses from those set forth above in this Order. II. Neither party Ihail encumber, transfer, pledle, or In any way dispose of any portion of this pension plan unlll luch time IS the Appleton Piper Plan Administrator hu qualified this Order, af\er which cach party Ihlll be entitled to take such actions as he or she deem Ippropriate with realrd to hll or her Ihare, free of any claim by the other. .\ I.; , ~ IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retlremenl Equity Act of 1984. The Court retains jurisdiction to amend this Order as mlaht be necessary to eslablish or maintain Its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. 1. Consented to: . S~A OLI!...A-~" Steph Oberholtzer ( .'~ Plaintiff/Pian Participant ) Date: 10- ~)(' , g ~ ,\, 'I ',"!: '11 '''( i"'! ,"I', , .1.,' '! 'I'~lj I t~ ",11 :'\t I 2 fli " ' ~. . , I . ' I' i'. :,1... I ; ~ I~ 1'1 ,\,\ ,?,. I\o..~ ~ ~ ... - 1'1 ,- - , , l ~ F '1..1 ,@ 'I I I'.' , I' I, I) !' I I 'I'.' ~ I I, " " Ir I :, ,,' " I II: I Ij' " " . I' ., .. Nll:, I: : tfJ . . STEPHEN OBERHOLTZER, P1aintlrr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE EQUITABLE DISTRIBUTION MAUREEN L. OBERHOLTZER, Derendant NO. 96-3717 CIVIL EOUlTABLE DlSTRI8UTION AGREEMENT THIS AGREEMENT. made this ,rrhday of August. 1998. between defendant. Mau- reen Oberholtzer. hereafter "Wife," of 2 East Second Street Apt. B. Dauphin County. PeMSylvania. and plaintiff. Stephen Oherholtzer. hereafter "Husband." of 110 SOllth Enola Drive. Cumberland County, Pennsylvania. concerns the resolution of the equitable distribution claim in the above-captioned mailer. Husband and Wife desire to enter into this Agreement to resolve their financial rights and obligations and to have this Agreement made an Order of Coun, REAL PROPERTY L Husband and Wife hold title as tenants hy the entireties to propeny located at 110 South Enola Orive. Enola. Cumherland County. Pennsylvania. Deed Book 32-J-8oo, The pan- ies agree that Husband shall retain possession of the marital residence. The panies agree to the following with respect to the marital residence: a, There are presently two outstanding mortgages against the marital residence, The first mongage is held by Nations Bank ("first nlOrlg:lge"). The second mongage is held hy Members First Federal CreditlJnion ("second mortgage"). Commencing on the date of execu- tion of this agreement. Husband shall be solely responsible for the timely payment of all past, present, and future principal. Interest and other fees due under both the first and second mortgages, Further. Husband agrees that the mortgages on the marillll property shall be refi. nanced and placed in his name alone. within one year of the execution date of this agreement. b, On the execution date of Ihis Agreement. Wife shall deliver to Husband a warranty deed conveying 10 Husband all of Wife's righl. litle, and interest in and to the marital residence. Thereafter, Husband shall be the sole owner of the marital residence, c. On or before the execution date of this Agreement. Husband shall purchase a life insurance policy in the amount of $50,000 naming the mortgage holders as the benefi- ciaries, Such polley shall remain in effect until Husband has refinanced and placed both above- mentioned mortgages In his name. d, Commencing on the execulion date of this Agreement. and without regard to when the bills for such items are incurred. received. due, or in whose name they were incurred. Husband shall be solely responsible for all past, present and future COSlS or liabilities associated with or allributable 10 maintaining the marital residence, including but not limited to the mortgage, all real estale and property taxes. water and sewer rents. gas, electric and telephone service and insurance wilh respect to the marilal residence, Husband shall indemnify and hold Wife and her successors. assigns. heirs, executors. and administrators harmless from any liability. cost or expenses, including allomey's fees. which are incurred In connection with such mainlenance. cost, and expenses, 2 7. Any tax refund which Wife receives from the Internal Revenue Service as a result of lhe twenly percent (20%) federal withholding tax shall be divided evenly between lhe parties. 8. Wife shall be awarded fifty per cent (50%) of the marital portion of Husband's defined benefit pension under the Retirement Plan for Employees of lhe Harrisburg. P A Plant of Appleton Papers Inc,. UPIU #1098 account (No. 091318), through a Qualified Domestic Relations Order, 9. The payment to Wife of Eight Thousand dollars ($8,000) shall be made on or prior to . 1998. 10, Any assets and property not specifically provided for herein shall be treated as the separate property of the party having possession of the properly, DEBT II, Husband hereby agrees to pay the marital debt heretofore incurred by the parties, individually or jointly. as enumerated and set forth in Exhibit" A" attached hereto and made part of this agreement. Husband further agrees to indemnify and hold Wife hannless from all actions. claims and demands whatsoever with respect to such debt and from all costs and counsel fees whatsoever pertaining to any such actions. claims or demands, 12. This Agreement shall become void if Husband discharges any or all joint debts listed in Exhibit" A" in bankruptcy, If such circumstance occurs, the parties agree that Wife may seck alimony from Husband. notwithstanding the finality of divorce. 4 " . REMEDIES 13. In the event that ehher party breaches any provIsion of this agreement, the other party shall have the right. at his or her election, to sue for damages for such breach. and seek any other remedy allowed at law or in equity, Waiver by one party of any breach of thIs agreement by the other party shall not be deemed a waiver of any subsequent. similar breach or other breaches. Further. in the event of such breach. the breaching party shall be responsible for the non-breaching party's attorney fees and costs, 14. This agreement constitutes the entire understanding of the parties with respect to equitable distribution. and there arc no representations. warranties. covenants or undertakings other than those expressly set forth herein, The parties agree that the terms of this agreement shall be entered as an Order of Court, STi~n..(/~A~'," Stephen Oberholtzer Plaintiff- Husband ~~ CO ~connell. Esq, Attorney For Plaintiff Maureen Oberholtzer Defendant-Wife Nichole A. Watters Certified Legal Intern Donald Marritz Slaff Allorney ~ AND NOW this I tj day of ~ ~ , 1998. the foregoing agreement is hoRby ""'"" .. '" 0"", of <hi, co"~ J. 5 F:crrl.(),'(:(,:r' 0; 1 i! ' ! ,'; r': JlmV 9/3 /{O'! I (] 1',/1 '11 ~ 7 "LI'" . 'rr)' l. 1\'(.1>1 ., , \.. ,1,1 \ ">:'1' ., 'I' 'I \ "~41 :\',1 d.,,1 I",' " " .j' ,. )' EXHmlT A LIST OF DEBTS Descrtptlon Nama or Amount or or Liability Creditors LlabUlty 1. 1st Mortgage Nations Bank $43,586.00 2. 2nd Mortgage Member First Federal Credit Union $10,094.00 3. Ward's Credit Card Montgomery Ward $ 1,842.51 4. Ward's Credit Card Montgomery Ward $ 41.46 5, Credit Card Colonial National Bank $ 3.137.81 6. Credit Card First USA Bank $ 6,913.33 7. Credit Card Members Firs Federal Credit Union $ 1,625.15 8. Hospital Bill Harrisburg Hospital $ 3,216.00 9. Hospital Bill Polyclinic Hospital $ 135.25 10. Credit Card Chevy Chase $ 8,016.76 " " \. ' . I,. '.~. 'j'" ~, ..... . ~ , " I ~ ,~ c tV") c'j ,{5 ! 3 ~~ 3o:2t , r:: ..?~ j , ~-~,/) I '- ~ '2 ~ I I g~~ In S , ,':) :r J t ::l .... z , z ~ ! o ~ Iii "i- U ~ ~ =-!: . .. - O < <( V>::~.. o > I- ill..; ,.~ ~ ~d .. ;z .. <= cr:: l- llC VI I./o.ol 0(.,., _ Z ,., : c:.: <( ::l :: I- .. , " \ FFH I 7 IIJIJO ~ \ STEI)HEN OBERHOLTZER, PlllintlftlRespondllnt IN THE COllRT OF COMMON I)LEAS OF CUMumU,AND COUNTY, PENNSYLVANIA y, CIVIL ACTION. LA W MAUREEN L. OBElUlOLTZER. now known as Maureen L Beauy. Del~mdanl!Petltioner NO, 96-3717 CIVIL DIVORCE OJU>EI{ OF COVIU AND NOW, this___it~, day of Februury. :!OOO. upon consideration of the foregoing petition. it is hereby ordered thut I. A rule is issued upon the respondent to show cause why the petitioner Is not entitled to the relief re4u.:sted; 2. The respondLl1l shull tile U'lunswer to the petition within twenty days of ,$ervice upon the respondent; 3. The petition shull be decided LInder I'u, R.C,P. No, 206,7; 4. Notice of the entry of this order shull be pruvided to all parties by the pl'tilioner. BY TilE COURT: ;1, ,/ 7Jb_____ ~ muJJJ. J-/1'00 R~3 ift".1 '/111/ , ,I ". II I >1-/ JI" r)lri'r~llj Ii'!';:?:>. CI}'i." I,;., >I. \,uU:-fIY \'[1"11' ::,:/{l.'.', ,I, ~i,'\ " iJ .' STEI)HEN OBElUlOL.TZER. Plaintift'lRespondent IN TilE COURT OF COMMON PLEAS OF CUMBI\IU,ANI> COUNTY. PENNSYLV ANIA v, CIVIL ACTION. LAW MAUREEN 1.. OBERIIOLTZER. now known as Maureen 1.. Beally. Defendant/Petitioner NO, l)6-37 I 7 CIVIL DIVORCE PETITION TO ISSllE A IUJU: TO snow CAUSE AND NOW comes the defendunt/petitioner. Maureen 1.. Oberholtzer. now known as Maureen 1.. Really, in the ubove-captioned divorce action. by und through her ullorncys, the Family Luw Clinic. and pruys the Court to Issue a Rule upon respondent. Stephcn Oberholtzer, to Show Cause why the Quulil1ed Domestic Relutions Order (QDRO) entered by the Court on November 13. 1998. should not be modified as set forth below. and uvers in supportthercofus follows: 1. Petitioner Muureen Oberholtzer (wile) und respondent Stephen Oberholtzer (husband) were previously murried, 2. Husbund tiled the above cuptioned divorce action on July 3. 1996, which included a count for Equituble Distribution, 3, The parties negotiuted u selllement of ull economic issues betwcen them. which included u lump sum and u future distribution ofhusbund' s pension with his employer, Appleton Papers. 4. Counsel for wifc provided a copy of two proposed Quulified Domestic Relations Orders (QDROs), one liJr the lump sum und one liJr the future distrubution, for approval to Appleton Papers, rellecting the agreed distributions, on September 28. 1998. Appleton Papers '. j responded on October 5. ('Nil. stuting "it hus bccn detel'lnlned thlllthe orders constitute QI>ROs under Section 206(d)(3 )(B)(i) olTRISA subjcctto Iinul revle\\' of the order us signed by the jUdge." A true und correct copy of Applcton Pupers' October 5. I '191l. lellel' is ulluched hereto us Petitioner's Exhibit I und incorpol'lltcd herein by reli:rellce. 5. On November 13. 1991l. this Court <:allered the two Quulilied Domestic Relations Orders (QDROs) which hud been submitted to und uppruved by Appleton Pupers. 6, The QDRO providing lil( u lump sum distribution hus becn effectuuted und is not ut issue, 7. The second QDRO. which provided till' the future pension distribution. is the subject of this pctition, A truc und correct copy of that QDRO is uttuched hercto as Petitioner's Exhibit 2 und is incorporuted hcrein by rcli:rencc. 8. Appleton I>apers notilied wili:'s counsel by lux dated February I. 1999, und letter dated February 12. 1999. thutthey could not implement this Court's QDRO without further c1arilication. The lux dated February I. 1999 is attached hereto as Petitonds Exhibit 3 and the lellcr of February 12, (999 as Exhibit 4. und arc incorporated herein by reli:rence. 9, As expluined in Petitioner's Exhibits 3 and 4. Appleton Papers docs not use salary as an c1emelllused to calculate benelits under their retirement plan. and thus cannot efli:ctuute puragruph two. page two of the QDRO, which calls lilr distribution bused in part upon husband's salary, 10, Wili:'s counsel notilied husband's counsel by leller dated March 26.1999, of the impossibility of implementing the QDRO as entered and proposed a modilication to rctlcct Appleton Paper's method of pcnslon calculation, II, The parties haw been unablc to reach an agreement to modily the QDRO to retleet , " Ih.: plan adminlslrator'~l method of ealculmionof Ilw pensIOn. 12. Wife's Couns.:1 sent a leller to Applelon Papers duted January 28. 2000. with a proposed modillcalion to puragraph two of the VI>RO which would rellect Ih.: method of computution which would be used, A copy of Ihis leIteI' is uthlched herelo as Petition.:r's Exhibit 5 and is incorporated b)' rc ference herein. 13. Appleton Puper replied to wife's counsel's leller of JlInuary 28, 200t). with a facslmil.: dut.:d F.:bruury I. :!OOO. in which they stated "the proposed moditication of paragraph two ofth.: QDRO is indeed accept lib Ie to Appleton pupers provided it is appmved by the court." A copy of Appleton Paper's leller of Fo:bruury 1. 200t). is allach.:d hereto us Petitioner's Exhibit 6. and is incorporated herein by relcrence. 14, Petitioner's counsel has rcpeatedly contacted Respondent's counsel regllrding the subj.:ct mutter of this petition, and Respondent's counsei hus not concurred. WHEREFORE. petitioner reljuests that this Court issue a Rule to Show Cuuse upon Respond.:nl's husbund why the second puragruph of the QDRO should not be modi tied to use th.: language upproved by Appleton Pupers Inc. on February 1. 2000. as follows: The marital property component of the Appleton Puper Inc, Retirement Plan is 216/451 of the projected estimated monthly benetit at nlll'mal retirement based upon the benefit level which is in eflcctut the time Stephcn's employment ends at Appleton Papers, If the Participunt retires or his cmploymcnt is terminated belllre the normal retirement age. thc denominator of the alilrementioned fraction. which determincs the nHlritlll pmperty component. shall be adjusted liS necessary to rellectthe total number of months wllI'ked 10 earn the ben.:tit. ,~J~--,---- Andrew J, Mormw Certitied Legal Intern " Etrlf ~' " ThomLls M. PILlee Robel't E. RLllns DonLlld MLlrrltz Supervising Attorneys it FAMILY LAW CLINIC 45 North Pitt Street CLlrllsle. PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Maurel!n Beatty , , , Dated: Februaryi. 2000 YERIFICATlON I verify that the statements made In this Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties ofl8 Pa. c.s, 94904. rdating to unsworn falsitication to authorities. f!},UA4J""'i. 0,,~ MAUREEN L. BEATI'Y. Defendant/Petitioner Dated: February \ , . 2000 .,'.: j', " ,..1 , . ~ ,- t, RECEIVED OCT 0 9 19SB UhllOH 'U'" INe It. I WIlCONIIN .V'NUI , l) 10. lit 'u'U'ON, WI"" I.OU' 'Id,'H.,If' October ~. 1998 Slephen Oberhohzer 110 S. Enol. Dnve Enola, PA 17025 Maureen Oberholtzer 2 E. Second Slreel, Apt. 28 Hummelslown. PA 17036 Nicole Wallers Farntly Law Cllmc 45 Nonh Pitt Streer Carlisle. PA 17013.2899 RE: Domestic Relations Order Received Relating to the Benefits of Stephen Oberhohzer (the PartlClpMr) under the Appleton Papers Renrement Sa"ngs PIM Md the Renrement PIM for Employees of the Harrisburg. PA PIMt of Appleton Papers Inc.. UPIU 111098 (the "PIMs") Dear Sir Md Madams: On September 18, 1998, the PIM received what appeared to be "Qualified Domestic Relations Orders" ("QDROs") within the meMlng ofSecnon 206(d)(3)(B)(i) of the Employee Renrement Income Secunty Act of 1974, as amended ("ERISA"), After examination of the orders by our attomeys. II has been detemllned that the orders constitute QDROs under Secnon 206(d)(3)(B)(1) of ERISA. sublect to nnal review of the order liS shmed bv n ludl!t. Upon receipt of sllned ol'ders, the PIM Administrator shall amhonze payment under the PIMs to the Ahemate Pawe In the manner and at the nme or nmes specified in the orders. You are recmlngthis letter ofnotlficanon, which makes you a "~onfied Party" under the procedures adopted by the Plans, because you are eilher ( I) the PartiCipant; (2) a person tdennfied as an "altemate payee" in the Instruments. or (3) a representanw of one of the above You are hereby admed as follows (I) The Plans have adopted procedures for determnung whether a Domesnc Relations Order ("DRO") received by them constitutes a QDRO (2) Each Notified Party may designate a representanve for receipt of COplCS of notices that are to be sent to that Notified Party pursuant to the determlllanon procedures. Such a designation must be In ,winng and must be delivered to the PI3I1 Administrator EXh'\bA- -#- \ I ~d111I~mlllJ'1 propdro tll) . \ ( , SuorlUoli OBERHOLTZER, I IN TBE COl1llT or COMMON PLUS PlalDIIIf I or CI1MBIIlLAND COUNTY, I PENNSYLVANIA ,. I I CIVIL ACI1ON. LAW IN DIVORCE MAUREEN OBERHOLTZER. I EQUITABLE DlSTRIBtmON DeleadaDt I I NO. f6.3n7 CIVIL o.VALmF.D DQMES'JlC Rn.~110N'S ORDq AND NOW, Ihls 1.3 '1J~ day of November 1998, the Court enten the following order: Steven Oberholtzer and Mareen Oberholtzer Ilipulalc to the following facu: 1. The parties hereto are husband and wife and a divorce lU:tion is preaently pending in this Court at the above number. 2. Stephen Oberholtzer (Social Security Number 208-42.25(0), hereinafter referred to as "Plaintiff" or "Participant", is employed by Appleton Papers Incolporated, Hanisblll'J, Pennsylvania, and is a participant in The Retirement Plan For Employees of the Harrisbul'l. Pennsylvania Plant of Appleton Paper Inc. This is a "Defined Benefit Plan" I UPIU #1098, hereinafter referred to as the "account"; and 3. Maureen Oberholtzer (Social Security Number 208-42.7127), hereinafter referred to as "Defendant" or "Alternate Payee", has raised claims for, inter alia, equitable distribution of marital property punuant to the Pennsylvania Divorce Code; ~ 101 . " ,,' II' :",1"" 4. Plaintiffs current and last known mailing address is 110 South EDola Drive, Enola, PA 1702.5; and Exh'\};~ ff~ '. 5. The tenn of the payments Is for the life of the Alternate Payee, with payments lD commence at the retirement date chosen by the Alternate Payee butlD no lVent -.rI1er than the earliest retirement date provided under the Plan. 6. The Plan to which this Order applies is The Retirement Plan For Employees of the Harrlsbure. PeMsylvanla Plant of Appleton Paper Incorporated UPIU 11098 or any successor plan. 7. The Alternate Payee, Maureen Oberholtzer, shall have the same rights with regard to her portion of the Plan as are available to the Panicipant, Stephen Oberholtzer, with regard to his remaining portion of the Plan. TIlese rights include, but are not limited to the right to elect from the existing retirement dates and payment options. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee Is not entitled to any benefit not otherwise provided under the Plan and is not entitled to any benefit specifically prohibited by the Retirement Equity Act of 1984. 8. The Participant shall designate the Alternate Payee as the "surviving spouse" for all purposes under the retirement plan without regard to whether the Participant has a subsequent survivlne spouse. The Alternate Payee shail be entitled to 50 percent of the marital portion of any pre-retirement pension benefit which might result from the death, before retirement, of the Participant. The marital portion of such benefit shall be determined as set forth in Paragraph 2, above, by adjusting the denominator as necessary to reflect the number of months actually worked. The remaining pre-retirement benefits, consisting of the remaining 50 percent of the \ QuIllfted Domestic RelaIionS Order under the Redremant SAlll1ty N:t of 1984. . . .. , I BY TBB COlJaTI ., I, t .w ew..MJ... t.. .lJJ.k J. Consented to: ("", " 01'. I /. ,.;J "':C"",.... ,~I .....-LC._ sTEPHEN OBERHOLTZER Plaintiff, Plan participant Dated: 10 .1,"'- ~,\' ,7)",,, ..,"l'\ (t/;~~y..1I MAUREEN OBERHOLTZER Defendant, Alternate Payee Dated: 1fT. ,')1' . 9~' I , . .' ~ :. .'HUO" ,....... INC. ... .. WI".H'IM .y.tulI ~lI. ua,u '''U10N, _, ..",..." ,.,.".."... ~ . .'1 'lhnwy I. 1999 . , LYIIIl BI'tlI1 l'Ulll.ly Law ClIIw: 45 North PIli SIrtIl Clllialt, PA 17013.2199 VIA FACSIMILE 717.243.3639 .. 'I'f . , :~';! r " , i (; 11\':" y,:-' ~iH d W'1 U /)"1 f~l, :\,1' ,\-, . ~'I" : t. C, ' 1;, t' I, ' , "' Ii,! IE: Obtrllollur, OomIIlic Iltl.nl)lls 0rdJr DNI'L)'III1: Per 011I pboae CClDvenlliolllOday. Ibia letter '1MlI to txplaiD my rlqllllt for clantlclllloa reprdln,lIn8\lll' In dI. Obemollltf QDRO for dse Retiremllll P11/1 for Employ.. ottbe Harrisblll'll. PA Piau c:L AIlPlelaI PIpen Inc. lb. llII8\IIP in qllllUcu it on the .toCIDcI Pili' allb. OnW, parqraph 2. II say. tho benefit ilto be "...bued 1Ip000lh. Plrtic:ipIlll'S sala" 04 the dire oftbe pll'lin' separation, Apnll4, 19915..' I U111111d11r u to the de&ltlon of salary, slIIc. compwlliOll i.DOt III elemenl wed to calcu1sre bwllla ill this plm ThI baSt Connula rUtllmo ICCOIllU btlllllt .avic:o ad thJ.beaI& levelllipulatcd in lb. labor 10'ltIlmllllt "~ nf thllt d.re. Mr. ObMsolatl' had '11.' yen of btnt!t .ervic. at 4/14/96 IIId the bllll5t level wu 523,75 pw y.ar allll'Vice. Is the inltnt of the laallll' to bold !be blll.811m! of 523, 75 COIIItUIIlnlO Th. lirture wDlIllpplylna the 1DU1ta1 Prolleny t\'actioo? 1t)'OII need funher lnformatioo, plcu. C04l1C1 me 11920.991.73 72. Sincerely, .M~ Sr. BtIltSu AIII1yIt I'"~ ." , . E)(~\h"rt- W~ f, ;; ..... ".. ( FAMILY LAW CLINIC A .mk. ..lilt ''OIMlUlllIY by ...lIto.. I'roIII 111. Okld..... I"'ool 0( low of Tht '....ylvllll. llal. Unlvtnlly ll1a DaIo F. lhul/lUl Comm..lly Low Cmll, .,NortII'iII_ Culltl..'A 1701).2199 (711) W.2961 ,..: (717) 2U.)6)9 January 28. 2000 Appleton Papers Inc. 825 E, Wisconsin Avenue Appleton. WI 54912-0359 A"ITN: Amy Adams. Senior Benefits Analyst FILE Re: Domeslic Relations Order Rcceived Relating 10 the lJenefils of Stephen Oberholtzer (the participant) under the Retirement Plan for Employees oflhe Harrisburg. PA Plant of Appleton Paper Inc,. UPIU #1098 (the "Plan") Dear Ms, Adams. I IIIll the new certified legal intern working on Maureen Oberholtzer's Qualified Domestic Relations Order (QDRO) relating to the benefits of Stephen Oberholtzer. You sent a fax to our clinic on February I. 1999 slaling that paragraph two of the QDRO wal unacceplllbh:. For your convenience. [ have cnclosed a copy of the original QDRO order and the February I fax, We are proposing a modification of paragraph two of the QDRO, It is quoted below. Would you please scnd us a leller staling whether or notlhis proposed modification is acceptable? We want to know that if this modification is approved by the court. it will be acceptable by Appleton, Thank you for your lime. Very truly yours, Andrew Morrow Certified Legal Intern t(o~1f Enclosures c: Maureen Beally Timothy J, O'Connell. Esq, tile Modilicmion of paragraph two of QDRO; "The marital properly component of Applelon Paper Inc. Retirement Plan is 216/451 of the projected estimated monthly benelit at normal retirement based upon the benefit level which is in cllcct at the timc Stcphen's employment ends at Appleton Papers, If the Participant retires or his employment is terminated before the normal retirement age. the denominator of the nfon:mentioned fraction. which determines the marital property component shall be adjusted as necessary to retlectthe lotal number of months worked to earn the bcnelit." PENNiTE The Dickinson School of Law Ex ~ \l;rr - ,\n Equal OpponunIIY llnlvtnlly ...hnON ,.".. INC. It., W'.'t:\Jlj,'N ''''NIII '.t. '0.1 '" .,,~UO". WI ""I...n ,..,,,..,,., F.b~ 1.2000 Andrew Morrow Family Law Clinic 4S North Pia SlfCOt Carlisle, PA 17013.2199 VIA FACSIMILE 717-243.3639 RE: Oberholtzer. DO/'llOIIIic Relatlona Order Dear Mr. Morrow: Thank )'Ou for )'ourlener of ll11uary 28,2000. lam pl.ucd lilac chi. matter II bem, I'Csolved. The flI'llJ'lollCd modltkation ofJ'llll'all'llflh two nfth. QnRO I, indud Icceptablt to Appl.ton Plpen, provided It I. IpPfOvccl by the court. Pie... rarwuli the court approved emc;ndmenlto my attention II lOOn I. poulblc. it you Deed tIIrtller llUonnallon, pi.... contact me at 920.991.7372. S~ine~:Y., ~~ Amy. 5 Sr. B.n IS Analyst 1Il\,.'....~4. Ex\,.; ,1;\+ ~ C' , ' , STEPHEN OUElmOLTZER, PlulnllmRe:~pllndllnl IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY[.V ANIA v. CIVIL ACTION. l.A W MAUREEN L. OBElUIOl.Tl.mt, De:lcndunIlIJe:lllillne:r NO. <)6-3717 CIVIl. DIVORCE CF.R'J'If'lCATF. OF SERVICE I, Andre:w J. Morrow. Cerlitkd Lcgullnlern, Fumily Luw Clinic. hereby certify Ihall am ~e:rvlng a Il'ue nnd corrccl copy of IJlllilion 10 Issue u Rule 10 Show Cuu~e on James H. Turner. Esq,. ul TURNER AND O'CONNELl., 258 North Slree:l. P.O, Box 1123. Harrisburg. PA 17108. Dauphin Counly. Pennsylvunin. by dllposlting u copy oflhe: same: In Ihe United Slales mail. Ihls dny of, Februury. 2000, Andrew J, Morrow Ccrtlfied Legallnle:rn THE F AMIL Y l.A W CLINIC 45 North Pill Slrcel Carlisle.PA 17013 (717) 243-2968 Daled: February ,2000 d,.,i ",hl . " . , t, " f' ';1 , , , , , , " " " (I " " 'C'" c" , ~J 1 "1",r,., CPt, , .!.>) .1 "'r -- , ~. LJ'(, ~t; 4 . ;~~. " J.'; ~:; :':1' ... n .;:J ..., ro,' .';J </) , ;1- ~n d' :-:~ "1'.., - 1,1.1" J'" ,,' , " ":1'1 :'1 , , r,' .. ::) \h' " ;,.'1 :./ , ~..:, .", , , , (;1 ',' " " , , ",! , , " , , , , I, " I;' " ' " r,Mll (,) , " I'::' , , :.". "'1 "I'}I' '1 U1 , '...) ~'i .1 r..> , , :::;, , I I' ~.~; h , r,oct, ~' ~ , ~;'. . ! " "II .". h " , '~r.' .' .. ;,. :n "J .'" .,.j ~.:,; I " " 'I MAR 2 2 2000 ,~ , STEPHEN OBERHOLTZER, . Plaintlll'lRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA vs. CIVIL ACTION-1.AW " MAUREEN L. OBERUOL TZER. now known lIS Maureen L. Beauy. Defendant/Petitioner NO. 96-3717 CIVIL J '" ! .. , ,( j_,1 DIVORCE , ' -Il AND NOW. this ORnER OF COURT z , -i day of March, 2000, upon consideration of the foregoing "., " petition, it is hereby ordered that I. The Rule Issued by the Court of Februury Ill, 2000. is hereby made absolutc:, pursunntto Pa. R.C.P. 206,7(a). 2. Paragraph two. page two of the QualiHed Domestic Relations Order, in this matter approved November 13, 1998, is amended to read as follows: 'I , The marital property component of the Appleton Papers Inc, Retirement Plan is 216/451 of the projected estimated monthly beneHt at normal retirement bllSed upon the benefit level which is in effect at the time Stephen's employment is tenninated before the nonnal retirement age, the denominator of the aforementioned fraction, which detemlines the marital property component, shall be adjusted as necessary to reflect the total number of months worked to earn the benefit. 3. Notice of entry of this order shall be provided tp all parties and the Plan Administrator by the petitioner. BY THE COURT: ~ ') ~c:, ~ . ~U1.rlU:.L'l OBERHOLTZER, , PlaiatU'f , , Y. , , MAUREEN OBERHOLTZER, , DeteadaDc t t '- IN'DII mllaT ~ COIGroN PI.JW or (.'fIUWII'Itr,41UJ m'DN'lT, JllNNllI.VAlm CIVIL.tem)N. LlW JH DIVORa IQDJ'I'.A 'RIJI! DJIDIIIJDDN NO. f6.3717 ClVIL AND NOW, this I J '1J~ day of November 1998, lbe Court IIlIlln lIIe foJIowfq order. Steven Oberholtzer and Mmcn OberhaJtzcr sdpulare to the followa facts: 1. The parties hereto are hwband and wife and a divoru action is presently pendlna in this Court at the above number. 2. Stephen Oberholtzer (Social Scc:ur!ry Number 208-42-2500), hereinafter refmed co as 'Plaintiff" or 'Participant', is employed by Appleton Papers Incorporated, HarrisbUli. PeMsylvania. and is a participant in The Retirement Plan For Employees of the HarrisbUli, PeMs~'lvania Plant of Appleton Paper Inc. This is a "Dexined Benefit Plan', UPIU '1098, hereinafter referred to as the 'account"; and 3. Maureen Oberholtzu (Socia! Security Number 108-42.7127), hereinafter referred to as "Deiend.1.nI' or . Alternate Payee', has ra.i.sca claims for, inter alia, equitable disttibution of marita! property punuant to the Pennsylvania Divoru Code; . I" . .. ,,' '1' ",I"" I I , I' 4. Plaintiff's cumnt and last known mailina address is 110 South &ola Drive, "" J pA I-IO_~.~'. and ...~o a. ... E~h',);~ ~\ S. Defendant's cumnt and Iut known lIIIi1IDalddrea 1121!ut SIClIIll SIIIlI& Apt. 21. Hummelstown, PA 17036. rr IS ORDERED, ADIUDOED AND DECP~ u Collow: 1. A panion of the aforementioned Appleton Paper Incorporated Retirement Plan Is marital property subject to d1saibution by this Court. 2. The marital property component of tl1e Appleton Paper Inc. Retirement Plan Is 216/4S1 of the projected estimated monthly benefit at nonna! retirement based upon the Participants's wuy on lhe date of the parties' sep:lr.luon, April 14, 1996. U the Particip3llt retires or his emFloyment is tennin:lled before the normal ~tirement aae. lhe denominator of the at'oreme::tio::ed mction, which determines the marital property component, shall be adjusted as nec:eswv to :-e::ect lhe total number of months worked to e:un the benefit. . 3. The !:e::e::ts shall be payable :0 the Al:el':l1tive Payee on or after the date on w~Jch lhe Particip3llt :1.t"..ti::s (or would have ;1.tuir.ed) t.~e wllest :-eorement age. as if lhe Participant had :etired on :'~lt Clte. even if the participant has not actually retired or sep:lr.lted from sen'lee. 4. If t.~e ?;1.!':idpant elects c:ll'ly reereme::t 3Ild if there is an c:ll'ly retireme::t "incentive" beyc::d wh;1.t is presently available under the Plan, the Alternate Payee shall be entitled to lhe wr.e pro rata share of the marital portion on any early retirement incentive lhat might become ;1.\'ailJble. but only to the eXlent lhat the incentive is based on yem of senice during the m:ur:lge md prior to sepmtion. " . 5. The Iern1 o( tho plymenlS IJ (or the llCe o( the AltemaIa Payee, with plyments 10 commence at the relirernent dalo chosen by the AIlemate Payee but 111110 IVClIlt IIriIer than the earliest retirement dalo provided under tho PIaII. 6. The Plan to which this Order appli= is The Retirement Plan For Employees of the H3J'risburS, PeMsylvania Planl o( Applelon Paper Incorporaced UPIU 11098 or any successor plan. 7. The Alternate Payee, Maureen OberhollZer, shall have the same rlShts with regard to he: r-o:::on of the Plan :u are available to the Participanl, Slephen Oberholtzer, with regard to ~is re~;!.i:.:r.g r-ortion of the Plan. These rights include, bUl are nOl limited 10 the righl to elec: frc:n the ~:<isting retiremenl dales and paymenl options. rn no even I shall the Alternate P~yee ;,ave gre;lte: rights than those which are available 10 the Participanl. The Alternale Payee is ~c: ~r.::':~j :0 any benefil nOl olhernise pro\ided under the Plan and is not entitled to any ber.e::: ~i~;:.l!y prohibited by the Retirement Equity ACl of 1984. S, TI-.e PJ.r.id~ant shall designate the Alternate Payee as lhe 'survl\'ing spouse' for all pL::;'Oses ~r..:er :.he retirement plan without regard to whether the Participanl h:u :1 subsequent sU:iivi:.g !pC~se. The Alternate Payee shall be entitled to 50 percent of the marit:\! portion of any pre,re:::::::e::t pension benet1t which might result from the d~th, before retirement, of the PJ.r.icipant. The marital portion of such benelil shall be delermined :u sel fOM in Paragraph 2. above. by adjusting the denominator as necessary to reflect the number of monlhs aclUally worked. The remaining pre-retiremenl benefiu. consisting of the remaining 50 percent of the I' \ ~w portion, II well II all 01 tile ROn-nwilllponl.an, abaIl be cl1sUiburId to lbIPlnlciput's c:urrent spouse or such ok person II tile Panldpllll may bave dMfp'."'" lor dlla purpose. The Allemale Payee's written consllIlt shall be required lor lilY eIecdoIl 01 belw'l1I by lIIe Participant thalls conll'al')' 10 the IemIS 01 Ibis Parqnph. 9. Any rc:uonable COSlS incurred by Ibe Plan AdminislntOr 10 etrecnwe the lUms and pro\isfons of this Quallfied Domestic Rmtions Order shall be assessed such rhat the Participant, Stephen Oberholtzer, pays 100% of the costs. 10. The parties shall promptly noefy the PIaII AdmlniStr:llOr of any cr.:nge in their addresses from those set (orth above in this Order. II. The parties shall promptly submit this Order to the Appleton Papers Retirement Plan .\dministr:ltor (or de:ermination of itS status as a Qualified Domestic Relations Order. I:. Nei:her party shill enc::mber. ~sier. pledge. or in any way dispose of an)' portion oi :his pension plan until such time as the Plan Administr:ltor has qualified this Order. af:er wl'Jch Co'lch pa.rty shill be entilled to t:l.ke such actions as he or she deems appropriate with regud co his or her sh3J'e. free of any cl~m by the other. IT IS l''TE.''DED that this Order shill qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984 and any successor acts or amendmer.u. The court ret.tins Jurisdiction :0 .uner.d this Order as might be necessary to establish its status as a . fEB 1 7 20UO ,-, \ STEPHEN OBERHOL.TZER. PlllinlifT/Respondenl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. CIVIL ACTION. LA W ~IAUREEN L. OBERHOLTZER. now known as Mllureen L. Beally, Deli:ndontlPetitioner NO, 96.3717 CIVIL DIVORCE OIWF.I{ OF COUIU AND NOW.lhis } i da~' 1,11' February, :2000. upon consideralion uflhe loregoing petiti'ln, it is hereby ordered Ihat I, A rule is issued upon the respondent 10 show cUlIse why the petitiQner is nal entitled 11,1 the relief requested: , The respondent shulllile un unswer to Ihe petition within twenty days of service upon the respondent: .-, The petition shull be decided lInder I'u, R,C.!', N", ~06,7: .I, NOlice Oflh.: entry oflhis order sholl be provided 10 all purties by the petitioner. BY THE COURT: IS/~'((n dJo~ }, , , ~~IYrt-lf.,< ~i~,'j~jJJ" ,1dM ., ....I.(~, Prethonorer/ ";,);! , ' ~ 0 () C') '" ;'ll: ~("i "r. '.' I' l" :. J ., 11 I.,,,; "l ....J ,ii.' I.;'J .' ......J.. If,') t:.. t~.! :J~ " <:1 ;J~~ (~, ~ -" , " -'., ) r!'11',~1 - ; )"'1 .,L..~:~ .-- .. I ,.. =<! ,." ~l'} r" .... " , , , , ',' "