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HomeMy WebLinkAbout96-04954 . -.. ~ " o ~ . ~ d .. ). fSZ '" 3 . ...( CJ I .. I , ~ ..0 ;:: (": ., ,,--> m :,Sil!:P ~4V '. :J " {t,::.~<o H'- ~:... ~~ ~l' ~" [E:: ~~ " -\ ~ .~...' ';[.~: .'.1'>- ""..... ~ ~{;l 8', t ";"~ I:;!' ~-~ .;?\~~ ,. :;! t .... a \\- tj; u , (:) "- co: - ~ .. <- 0\ .)...,.. l~) j' "- ,;~ r =-'i .::23 .~ -;p. ,,-. - :jfi: :;. C'\l .... st!e ;J c..; .- CI C; t-O .j (,J' U ~ V) f:: t': 0---:: 0; ~ ""' -. ~/"'. t'-J~~ '.' [;' ...-;: ~':1~ ~' .~,~ .. J..-i ( I" :J') , :;, ...1(. , .> .} ,-~; C&..:;- (_.... "i,e;; t:~ -0 ~- -'...)4., b ,.. ":5 0- (,J . . , TORI L. CBOII08KI, I III THB COURT or COJOlOII PLDS plaintiff I CUKBDLMlD COUJlTY, PDlJf8YLVUlIA I v, I 110, "-4'54- Civil Tera I DAVID (I, CBO.08KI, I CIVIL ACTIO. - LAW DefendlUlt I III DIVORCB AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed on September 6, 1996. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, 3, I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct, I understand that false state.ents herein are made subject to the penalties of 18 Pa,C.S. S 4904 relating to unsworn falsification to authorities. Date I ""~~h~ .,dl/ d/ David G. Chona.lti (DEFEKDAMT) ~ Ul r.: iT, C": i5~ , . .. ~,':' ..~ l~E ..> , -",~ ~(:' -..,- ',-i>' ~;' ""''-, \:.J . , ~~t} C.1:. I ,-i;- ---~ , H {~,,< ~. ::i 1~_ .'X' t- :t:-: b ..,;~ . IT U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . ChO,1Ujk; . --rer (/ L. : . . Plaintiff : % - '-/15'1- (; ,II 7& t11 : File No. . . vs. : IN DIVORCE : Du~' i d G. ChO.1:Ji~1 ' . . : Defendant . , NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above .atter, having been granted a J<fIA day of /1U}Il';d- ,19 Q'1 prior surna_ of Ke. JJey this written notice pursuant to the Final Decree in Divorce on the , hereby elects to resu.8 the , and gives provisions of 54 P.S. S 704. DATE: q /Jdq') , , 1)J//tt rj~' lftvJ:4.' Signature resU8ed COMMONWEALTH OF PENNSYLVANIA: : 55. COUNTY OF CUMBERLAND : On the ~ day of&m~) , 19Gi . before _. a Notary Public, personally appeii"rid - the above affiant known to _ to be the penolt whose n_ is subscribed to the within doc_nt and acknowledged that he/she executed the foregoing for the purpose therein contained, In Witness Whereof, I have hereunto aet ., hand and official seal. ~, 1lIk~CitL- Notary PUblic I ..-- ,..le; \ -~. . -~.;.'1 ~..?' J . , 4. The name of the Plan to which this Order applies is the eel Construction Company Inc. Salary Savings Plan. (hereinafter referred to as the Plan). Further, any successor plan to the Plan shall also be sUbject to the terms of this Order, 5. This Order is enterf'd in accordance with the Internal Revenue Code of 1986, as amended. 6. This Order relates to the provision of marital property rights to the Alternate Payee under the PennsylvanIa DIvorce Code, 23 Pa.C.S. !i!i3301 l!t~l!q. 7. ~unt of Alternate Payee's benefit: The Alternate Payee is awarded fifty (50') percent of the Participant's vested account balance in the Plan as of April 12. 1996, plus any interest accrued thereon, plus any gains thereon. minus any losses or administrative expenses, applicable to said fifty (50') percent from April 12, 1996 through the date of distribution to the Alterrate Payee. 8. Terll of the Alternate Payee's Benefit The term of said benefit shall be selected by the Alternate Payee from any payment option available to her under the terms of the Plan. Payments are to commence upon the date chosen by the Alternate Payee, but in no event earlier than the earliest dIstrIbution date available to the Alternate Payee under lhe terms of the Plan. 9. ThIS Order IS not intended. and shall not be construed In slIch /I manner as to r"'quae the Pia;!: (a 1 10 pn>v i1. .,ny t Yl'e or form of bli'n.f 1 t opt ion not oth.twl.~ prOVided under lhe terms of the rlan: (hI 1n f"'l'l1t. U... PL.n 10 provi<l. lncr.....s..<1 ben.fns determln..d 0n th.. ba~ls of ~rtll\rl~1 value: Of (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another Order previously deemed to be a QDRO, 10. In the event a Plan provides the option to the Participant to elect to obtain benetits at the earliest retirement age, the benetits shall be payable to the Alternate Payee on or after the date on which the Participant attains (or would have attained) the earliest retirement age, as it the participant had retired on that date even if the Participant has not actually retired or separated from service. 11, If the Participant shall die before distribution under this Plan, the Alternate Payee, for purposes of the Plan's Qualified Pre-Retireaent Survivor Annuity provisions, shall be treated as the spouse with respect to the designated aJlOunt reserved tor the Alternate Payee. 12. COntinued Qualified status ot order: It is the intention of the parties that this QDRO continue to quality as a QDRO under Section 414(p) ot the Internal Revenue COde, as it uy be amended troa ti.. to ti.., and that the Plan Administrator shall reserve the rioht to reconfil'll the qualified statu. of the Order at the ti.. benetits beco.e payable hereunder, 13. '!'ax 'l'reabent of Di.tributiona .... under ftl. order: For purpoa.. of Section 402(a)(1) and 72 of the Internal Revenue COde, any Alternate Pay.. who 18 the spouse or toner spou.e of the Partlclp1ant shall be treated a. the distribut.. of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. The Alternate Payee shall have the right to rollover the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. Subject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax- free rollover of the benefits distributed, 14. continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain the original intent of the parties as stipulated herein. 15. Effect of Plan Tenlination: In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of a termination of partial termination of the Plan pursuant to Title IV of ERISA, then the Alternate Payee shall be entitled to co..ence her benefit. i..ediately in accordance with the terms of the QDRO and in accordance with the termination procedures of the Plan and the Pen.ion Benefit Guarantee corporation ("PBGC")(if applicable). 16, R19hta of tbe Alternate Payee The Alternate Payee .hall have the .... right. with regard to her portion of the account a. are available to the Participant, with r8CJard to his reaain1ng portion of the account, The.e right. include but are not liaited to the right to designate a beneficiary of retlreaent benefita, the right to elect frea then existing retireaent date. and payment . . options, and the rights to such increases in value in the account as might occur as a result of general upgrading of the plan, plan amendments, earned interest, profitability of plan investments, etc. but not from increases in value which result from future increases in the Participant's compensation or his future contributions to the Plan, In no event shall the Alternate Payee have greater rights than those which are available to the Participant, except as are or uy be provided under ERISA, or under the terms of the Plan. The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan. 17. Any reasonable costs incurred by the Plan Administrator to effectuate the teras and provisions of the Qualified OOaestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 50t of the costs and the Participant pays 50t of the costs. 18, The parti_ shall proaptly notify the Plan Adainistrator of any change in their addresses from those set forth above in this Order, 19, The parties shall promptly subllit this Order to the Plan Administrator for deteraination of iu status as a Qualified oo.estic Relations Order. rr 18 1._aau.u that tbis order .hall qualify.. a Qualified OO...tic Relations Order under the reUreaent Equity Act of 19", The COurt retains jurisdiction to ...net this Order a. 8iCJbt be .. ---- . . necessary to establish or maintain its status as a Qualified Domestic Relations order under the Retirement Equity Act of 1984. BY THE COURT: . COHStN'rED TO: ~d~ David G, Chonoaki 'f Terri L. ChonoaJtl J. .' " , 0 - , ,. . , - "- - "j ~.. I I ..... . . '-~ .. \..;( . .