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HomeMy WebLinkAbout02-5144 .. ALEX ERBY, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. SUSAN C. ERBY, Defendant NUMBER: O~- 574'( IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Dauphin County Courthouse, Harrisburg, PA. IF YOU DO NOT nILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S"FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 ALEX ERBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 0.;1..- 5/ 44 VS. SUSAN C. ERBY, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301lc) OF THE DIVORCE CODE 1. Plaintiff is ALEX ERBY, who currently resides at 845 Louise Court, Enola, County of Cumberland, Pennsylvania, since April, 2002. 2. Defendant is SUSAN C. ERBY, who currently resides at 209 North Second Street, Steelton, County of Dauphin, Pennsylvania, since 1986. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 25, 1970, in Steelton, County of Dauphin, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Neither Plaintiff nor Defendant is a member of the Armed Forces of the United States of America or any of its allies. 9. After ninety (90) days have elapsed from the date of service of this Complaint, plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. I verify that the statements made in this Complaint 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. I /J tJ./ d.). A~~ PLAINTIFF ~Z-~ CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF DATE: ALEX ERBY, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: SUSAN C. ERBY, Defendant IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE I, Plaintiff herein, do hereby depose and say that I am advised and believe that the above named Defendant is not presently in the active military service of the United States of America and I aver that the Defendant is not a member of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and is not an officer of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor is Defendant engaged in any military or Navy units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service; nor has Defendant, to the best of my knowledge, enlisted in the military service covered by this act. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. 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. I D/.;.~/ 0). A~~ PLAINTIFF DATE ~ -- w 10 -.0 ~ ~ ~ \>) ~ ~ - o C 7 -0 6". rn\,'l" 2-' zl G() -;.. -/-:;. ~c.; ":c br-~ ).-~r;; ~ o N o n -l N ~ :.~) --il -_:! :_-:1 .j;"" , . ~ ,." >y ~ ~ ~ ~ ~ ~ -+- -. ~ I;~}. 2;; ';0 ~")n ':::--\ ?P ;..::: - - ALEX ERBY, Plain tiff IN THE COURT OF' COMMON PLEAS OF' CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. SUSAN C. ERBY, NUMBER: 02-5144 Defendant IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER Ji330lfdl OF THE J>IVORCE CODE 1. The parties to this action separated in /! ;j~/'zdcJ,2 ,and have continued to live separate and apart for a period/of a least two years. 2. The marriage is irretrievably broken. 3. 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 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. A~i,~ PLAINTIF'F Date: / tJ-/ 11'- tJ if ~-, ":., C.:.., .c- o \'-":' --.; C~; C ALEX ERBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v : No. 02-5144 SUSAN C. ERBY, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RllGHTS YOU HAVE BEEN SUED IN COURT. Uyou wish to def,end against the claims set forth in the following pages, you must take prompt action. You alre warned that if you fail to do so, the case may proceed without you and a decree of divorl:e 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 Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office ofthe Prothonatory, Dauphin County Courthouse, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEESOR 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 OFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 ALEX ERBY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY PENNSYLVANIA v : No. 02-5144 SUSAN C. ERBY, Defendant : IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, Susan C. Erby, by and through her attorney, Stanley H. Mitchell, Esquire, and files the following Answer and Counterclaim to the Plaintiff's Complaint in Divorce: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. By way of further answer, Defendant is unaware of what PlaintitTmay have been advised. 8. Admitted. 9. Denied. By way of further answer, Defendant does not intend to file an Affidavit of Consent prior to the resolution of the economic claims raised in her Counterclaim. COUNTERCLAIM COUNT I ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES & COSTS 10. Defendant is unable to support herself through appropriate employment. 11. Defendant requires reasonable alimony to adequately maintain herself in accordance with the standards established during the marriage. 12. Plaintiff is f'mancially able to provide for the reasonablE' needs of Defendant. 13. Defendant does not have sufficient funds to support herself and pay counsel fees and expenses incidental to this action. 14. Plaintiff is full and able to pay Defendant alimony pendent elite, counsel fees and expenses incidental to this action. WHEREFORE, Defendant respectfully requests the cout enter an award of alimony pendent elite until final hearing and thereupon an Order of alimony, counsel fees and costs in her favor, pursuant to sections 3701 and 3702 of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 15. Defendant incorporates by reference the allegations set forth in Paragraphs 1 through 14 inclusive ofthe Complaint as if the same were set forth herein at length. 16. Plaintiff and Defendant have legally and beneficially al:quired real estate, retirement benefits and personal property during their marriage. WHEREFORE, Defendant respectfully requests that your Honorable Court equitably divide all marital property in the event that the parties an, not able to reach an agreement resolving this claim. COUNT III ADULTERY 17. Defendant incorporates by reference the allegations set forth in Paragraphs 1 through 16 inclusive ofthe Complaint as if the same were set forth herein at length. 18. Plaintiff has committed adultery with paramour Jolene Griffith. 19. This action is not collusive as defmed by section 3309 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter a decree of divorce pursuant to section 3301 (a) (2) ofthe Divorce Code. Date:~ \11} 1.005 Respfdfully submitted, ~- - Stanll,y H. Mitchell, Esquire P.O. 1I0x 425 Harrisburg, Pennsylvania 17108 (717)Z33-3339 Attorney for Defendant VERIFICATION I, Susan C. Erby, verify that the statements made in this Answer and Counterclaim are true and correct to the best of my knowledge, information lllnd belief. I understand that false statements made herein are made subject to the penallties of 18 PA.C.S. 4904 relating to unsworn falsification to authorities. Date: ./ j~/cj~~~ :/ xYLM77 ~ {j~ Susam; C. Erby CERTIFICATE OF SERVICE The undersigned hereby certifies that he did this date serve a copy of the foregoing Answer and Counterclaim upon the other party of record by causing same to be deposited in the U.S. Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, Pennsylvania 1'7111 Stanley H. Mitchell, Esquire -4 (0 ~ ~ 7l. ~ ~ \ ""' b \) ~~ ~-0 ::g .f- I F ~ ~ ~b "'D v. +- ( >^,.,.) f._~ -'it .-1 , . - . ( , ("':, ._c' - Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALEX ERBY, vs. NUMBER: 02-5144 SUSAN C. ERBY, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER 13301ldl OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. ~ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. L (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. $- (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (bl above, I must me all of my economic claims with the Prothonotary in writing and serve them on the other party. If I faU to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. I verify that the statements made in this counter-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. ~ 1 Date: J~ 1'/) 200S 'LJ(Jf) ( I /SU AN C. ERBY, DEFENDANT NOTICE: If you do not wish to oppose the entry of a divorce d,ecree and you do not wish to make any claim for economic relief, you need not me this counter-amdavit. - l~,; ~""" \ .\ '",,/ ''''.' '(") ;. 0::(- 514L{ C-'U~C-L8U"v\ CERTIFICATE OF SERVICE The undersigned hereby certifies that he did this date serve II copy of the foregoing Answer and Counterclaim upon the other party of record by causing: same to be deposited in the U.S. Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, Pennsylvania 17111 Date: January 26, 2005 ~Vt- - : Stanley H. Mitchell, Esquire P.O. Box 425 122 Locust St. Harrisburg, PA 17108 (717) 233-3339 Attorney for Plaintiff 13/.; /lib ",> ,.,'J' ,-::'~ r::"';~1 (." .J -n "" --l -r:: :1' r...) U' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALEX ERBY, vs. NUMBER: 02-5144 SUSAN C. ERBY, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Notice To Defend and Claim Rights, Complaint Under Section 330 1 (c), and Affidavit of Non-Military Service. Service was made on the 19th day of November, 2002, by certified mail, restricted delivery, postage prepaid. ~/~ USAN C. ERBY DEFENDANT - CD r-> c;;;> = C...."I -~ ~ o "0 :l!.--n n,;::-.c:: , C) ,> , ".,' --'r r:-? ~'" "-,. ~~ (:~) ALEX ERBY, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. NUMBER: 02-5144 SUSAN C. ERBY, Defendant IN DIVORCE AFFIDAVIT OF PERSONAL SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DAUPHIN FRANK ROBERTS, JR., being duly sworn according to law, deposes and says that he/ she is an adult over the age of eighteen (18) years; that he/ she served the NOTICE and AFFIDAVIT UNDER SECTION 3301(d) OF DIVORCE CODE, in the above matter on SUSAN C. ERBY, personally by handing to her a true and correct copy thereof and informing him of its contents at 1:1 0 0 North SeventhStreet, Hbg., . Pennsylvania, on December.7O, 2004, at II JT ./'I.M. -J~ ;a~;t/t FRANK ROBERTS, JR. /- SWORN TO AND SUBSCRIBED BEFORE ME THIS ~AY :;!itt: jJ ~,i ARY P~LIC l ....--.1 r-.----Notarialseal . ~ Kelly P Roberts. Notary PlJbRc Paxtang Bora, rj~uph\n County 5. f My Cor~~~~ Expires. ,Jan. 27, 2~~O",:. .. ~,"r'I<JI"'! cl NOt..... 10& Ivll:jjY,L8r. ::'1O)nrs/lv,r,;" ,-,S""'L,,,,. " .--.' ,.,~~ C"' c:;:::" .f, ;:'../\ I CD -,'; ,~ ~~ _.r 0 ::0 c:> '< ALEX ERBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Vs. NUMBER: 02-5144 SUSAN C. ERBY, Defendant IN DIVORCE AFFIDAVIT OF PERSONAL SERVICE COMMONWEALTH OF PENNSYLVANIA: SS COUNTY OF DAUPHIN FRANK ROBERTS, JR., being duly sworn according to law, deposes and says that he/she is an adult over the age of eighteen (18) years; that he / she served the NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE and COUNTER-AFFIDAVIT, in the above matter on SUSAN C. ERBY personally by handing to her a true and correct copy thereof and informing him of its contents at 1200 North Seventh Street, Harrisburg, Pennsylvania, on January IJ., 2005, at //.00 ,1.M. .~~ I2t~( FRANK ROBERTS, JR. ,. SWORN TO AND SUBSCRIBED ETHIS~Y OF N COMMONWEALTH OF PENNSYLVANIA Notarial Seal Kelly P. Roberta, Notary Public Pax1llng Boro, Dauphin County My Commission E><pires Jan. Z/, 2009 Member, Pennsylvanla AssOCIation of Notaries --------- n ~?~ ~:.A ~. (:::1 ..t'~: I C'O ~ '''> -n ..4 -:'C-r, fT'~., -n\ " -.1-.ICc. ~~ ~. '-=---c' ',O;:C-:' \\T. ~:~\ -." - o "J) :.....::. c:::.' c::: ALEX ERBY, Plaintiff vs. SUSAN C. ERBY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 02-5144 IN DIVORCE PRAECIPE TO WITHDRAW Please withdraw Defendant's Answer and Counterclaim filed with the court on January 20, 2005. Dated: (0 (ZV/oS . ,~ -It, r4-t.Lf~ ~ STANLEY H. MITCHELL, ESQUIRE ATTORNEY FOR DEFENDANT JOINDER Defendant hereby joins Plaintiff in his prayer for a Final Decree in Divorce. Dated: J 0 /a;-;/ tJS- SUSAN C. ERBY DEFENDANT ", = C:::~ en Sr-l ...., ~:c -r" fn~7 C (:j -"- , 0:.") i~ c..=:' <;::) })<<JJ - 51YY MAmTALSETTLEMENTAGREEMENT AGREEMENT made this?;:vt day of )1f7l~ , 2005, by and between ALEX ERBY, hereinafter caJled "Husband," and SUSAN C. ERBY, hereinafter caJled "Wife." WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; and WHEREAS, three children were born of the marriage; IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained. 2. SEPARATION - It shall be lawful for each party at aJl times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose deem fit. 3. NO INTERFERENCE - Each party shaJl be free from interference, authority and control, direct or indirect, by the other, as fuJly as if he or she were single and unmarried. 4. COUNSEL FEES A. Husband agrees to pay aJl counsel fees incurred by him since the separation of Husband and Wife. B. Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 5. DIVISION OF PERSONAL PROPERTY - Except as outlined in this paragraph, the parties have heretofore divided their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried. Husband shaH pay to Wife the sum of Five Thousand Dollars ($5,000.00), which represents Wife's share of the parties' marital assets in twenty-five (25) bi-weekly payments of Two Hundred Dollars ($200.00) each. The payments wiJI commence on Husband's first pay day following the date of the entry of the Decree in Divorce. 6. 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, whether or not marital assets were utilized in the acquisition, since the date of the parties' separation, or if not separated, the date of the execution of this Agreement, 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 2 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 paragraph. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (d) of the Divorce Code in Husband's Cumberland County divorce action docketed to number 02-5144, filed on October 24,2002. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including Wife's Acceptance of Service and Praecipe to Withdraw her Answer and Counterclaim and Counteraffidavit, so that a divorce decree may be entered. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 3 Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in this or her best interests, and that the 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. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right 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, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/ or arising out of the marital relationship, including but not limited to possible claims for divorce, 4 child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt aUocation, and counsel fees, costs and expenses. 9. PENSION BENEFITS - The parties acknowledge that Husband is a participant in the PPL Retirement Plan. The parties agree that they wiU execute a Qualified Domestic Relations Order that states that Wife wiU receive one- fourth of the value of Husband's Retirement Benefits, valued as of the date of the execution of this Agreement. A copy of the Qualified Domestic Relations Order is attached hereto and incorporated herein by reference. 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shaU indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shaU use only those credit cards and accounts for which that party is individuaUy liable 5 and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 11. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she 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 since the date of the separation. 12. HUSBAND'S DEBTS - Husband represents and warrants to Wife that he wiJI not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he 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 since the date of the separation. 13. REAL ESTATE - The parties acknowledge that they are owners of real estate known as 209 North Second Street, Steelton, County of Dauphin, Pennsylvania. Wife shall be the sole owner of the real estate and Husband shall transfer all of his right, title and interest to Wife by deed. Wife shall be fully and solely responsible for payment of the mortgage, taxes, insurance and maintenance of the property. Wife agrees to hold Husband harmless from any liabiliity arising out of Wife's failure to pay these debts. 14. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/or 6 penalties assessed as a result of any error in the reporting of income and/ or in the preparation of any tax return by the other party during the years in which they were married. 15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE- Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's Will, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. Wife further releases any claim to Husband's life insurance benefits immediately upon the signing of this agreement. If Husband dies prior to removing Wife as beneficiary on any life insurance policy, then husband's estate shall be the beneficiary of any and all said life insurance policies. 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE- Husband does hereby remise, release, quitclaim and forever discharge Wife and 7 her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will or any other claims of any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to administer Wife's personal estate and effects in the event that Husband survives Wife. Husband further releases any claim to Wife's life insurance benefits immediately upon the signing of this agreement. If Wife dies prior to removing Husband as beneficiary on any life insurance policy, then Wife's estate shaJl be the beneficiary of any and aJl said life insurance policies. 17. SEPARATION/DIVORCE - This agreement is not predicated on divorce. It is specificaJly understood and agreed by and between the parties hereto and each of the said parties does not hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non-defense of any action for divorce, provided, 8 however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, whether absolute or otherwise, upon just, legal and proper ground, nor to prevent either party from defendant any such action which has been, mayor shall be instituted by the other party, or from making any just or proper defense thereto, It is warranted, covenanted, and represented by Husband and Wife, each to the other that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are shall forever be estopped from any illegality or unenforceability as to all or any part of this Agreement. 18. EQUITABLE DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equitable division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 19. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for 9 himself or herself, or his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, alimony pendente lite, equitable distribution of property and counsel fees. 20. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 21. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party within a reasonable time period (presumed to be thirty (30) days after such request is made) any and all further instruments including deed(s} or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 10 The parties acknowledge that full disclosure has been made and they have been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel, the party has waives his or her right to counsel. 23. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER - A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 25. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 26. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 11 27. INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and not a mere Separation Agreement. 28. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Divorce which shall be entered. The parties understand and agree that this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand that the provisions of this Agreement shall not be subject to any modification, unless specifically provided for in the relevant paragraph. 29. ENFORCEMENT - The parties agree that any action necessary by either party to enforce their rights under this agreement against the other shall be filed before the Court of Common Pleas of Cumberland County, Pennsylvania, and, regardless of where any divorce action between them is conduded, both parties hereby stipulate to the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania, for purposes of interpretation or enforcement of this agreement. 30. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this 12 , . Agreement nor shall they affect: its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HB:ARING. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~~E~ WITNESS ALEX ERBY WI& .-'":> 13 r"_) ""~) C.:~) ,-,,1 ;;{ .,"", fTi '"J} I C~ ,,, ,.-.._.\ w .,,- - ---~. , . . . ALEX ERBY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff vs. NUMBER: 02-5144 SUSAN C. ERBY, Defendant IN DIVORCE PPL SERVICES CORPORATION DEFINED CONTRIBUTION PLANS QUALIFIED DOMESTIC RELATIONS ORDER 1. Parties to Divorce Action. The parties to this action are the parties specified below. The Participant is ALEX ERBY. The Participant's address is 845 Louise Court, Enola, County of Cumberland, Pennsylvania. The Participant's social security number is 208-42-7209. The participant's date of birth is November 16, 1950. The Spouse is SUSAN C. ERBY. The Spouse's address is 209 North Second Street, Steelton, County of Dauphin, Pennsylvania. The Spouse's social security number is 197-40-5585. The Spouse's date of birth is March 24, 1949. 2. Plan(s). This order (the "Order") applies to the PPL Retirement Plan. 3. Interpretation and Construction of Order 3.1 The parties intend this Order to constitute a "Qualified Domestic Relations Order," within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The provisions of this Order shall be administered and interpreted in conformity with section 414(p) of the Code and section 206(d)(3)(B) of ERISA. 3.2 Nothing in this Order shall be construed to require the Plan(s) to provide: (a) Any type of from of benefit, or any option, not otherwise provided under the Plan(s). . (b) Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Plan(s) would be required to pay with respect to the Participant if the Order did not apply. (c) Benefits to Alternate Payee (as defined in Paragraph 4) which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relation order. 3.3 This Order is made pursuant to state domestic relations law 23 Pa.C.S.A. 8 3322. 4. Alternate Pavee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a portion of the benefits payable with respect to Participant under the Plan(s). For purposes of this Order, Alternate Payee is: X 4.1 Spouse. _4.2 Participant's Child. _4.3 A dependent of Participant, other than Spouse or Participant's child. Alternate Payee shall provide the Plan Administrator with timely written notice of name and address changes. 5. Pavrnent to Alternate Payee During Joint Lives of Participant and Alternate Payee. Commencing on the later of the date benefit payments to Participant begin or as soon as practicable following the date this Order is determined to be a Qualified Domestic Relations Order, the amount to be distributed to Alternate Payee during the joint lives of Participant and Alternate Payee shaH be 25% of the monthly amount otherwise payable to Participant. Payments to Alternate Payee under this Paragraph 5, if any, shaH cease upon the death of Participant and alternate Payee shaH become entitled to the payments, if any, described in Paragraph 7. Payment shaH not start before the expiration of the period during which any interested person has a right to appeal the Plan Administrator's determination that this Order is a Qualified Domestic Relations Order, unless such period is waived in accordance with procedures adopted by the Plan. [Upon commencement of the payments to Alternate Payee, such payments shaH be increased to reflect the payments that would have been made had payments started on the date of the Order, and an equivalent amount shall be withheld from payments made to Participant.j 6. Effect of Death of Participant Prior to Commencement of Benefits. If Participant dies before benefit payments to Participant begin, Alternate Payee shall be entitled to the qualified preretirement survivor annuity ("QPSA") provided under the terms of the Plan, in lieu of the benefit in Paragraph 5. 7. Payment to Alternate Payee Following Death of Participant After Commencement of Benefits. If Participant dies after benefit payments to Participant begin, Alternate Payee, if surviving, shall be treated as Participant's spouse under the Plan, and shall receive a monthly amount for Alternate Payee's lifetime, equal to the survivor benefit, if any, payable under the form of benefit elected by Participant, with the consent of Alternate Payee, at the time benefits commence. 8. Effect of Death of Alternate Payee. If the Participant survives the Alternate Payee, the monthly amount otherwise payable to Alternate Payee under Paragraph 5 shall be paid instead to the Participant in accordance with the terms of the Plan. 9. Continuing Jurisdiction. The Court shall retain jurisdiction to amend this Order for the purpose of carrying out the intent of the Parties as reflected in this Order and to establish or maintain the status of the Order as a Qualified Domestic Relations Order. Either party to this Order may apply to the Court for such amendment. 10. Continued Qualified Status of Order. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 11. Constructive Receipt. If any of the benefits assigned to the Alternate Payee are inadvertently paid to the Participant, the Participant shall immediately reimburse the Alternate Payee to the extent of such benefits. Further, until the Alternate Payee has received the benefits assigned to him/her pursuant to this Order, the Participant shall make . " . . no election inconsistent with this Order concerning such benefits. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. ~~d--. WITNESS ~. ALEX ERB ~ 'F:)~~ WITNESS ==-- ~~, SUSAN C. ERBY BY THE COURT: J. PPL Two North Ninth Street Allentown, PA 18101-1179 Tel. 610.774.5151 httpJlwww.ppl-inc.comf , , , \ , I , , " \. .., I .- ,,~......: .' pp.1 ..;::- :.... ....... , , '" September 20, 2005 Charles E. Petrie, Esquire 3528 Srisban Street Harrisburg, P A 17111 Re: Benefits of Alex Erby PPL Retirement Plan Dear Mr. Petrie: This letter is in response to the proposed domestic relations order received by fax on September 14, 2005. The order relates to Mr. Erby's participation in the PPL Retirement Plan (the "Plan") and names Susan Erby as the Alternate Payee under the Plan. We have reviewed the order and have deterrnined that if signed and entered by the court in its current forrn, the order would meet the requirer.nents of a qualified dornestic relations order within the meaning of section 414(p) of the Internal Revenue Code. Please forward a certified copy containing an original raised court seal of the final order to my attention for a formal determination of qualified status. Very truly yours, ~ Yt ~vx- Colleen M. Marx cc: Stanley Mitchell, Esquire ~. {5:'~ ,>.~ , ' ~:~,~(~, \)~ ,)-, {,i,~ ~J.'\'~ ~\}~ -.....j.- Y-' '6 G" ;;..') S.! .,.- ~.-".~ (0 , -CO) ;:. if' ~;? c:.:> ,-' ') U ALEX ERBY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NUMBER: 02-5144 SUSAN C. ERBY, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the folJowing information, to the court for entry of an appropriate divorce decree: 1. Grounds for divorce: Irretrievable breakdown under S3301(d) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint: November 19, 2002, by certified mail. 3. Complete either paragraph (a) or (b): (a)(l) Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff: N / A; by defendant: N / A (a)(2) Date of execution of the Waiver of Notice of Intention required by S3301(c) of the Divorce Code: by plaintiff: N/A; by defendant: N/A. (b)(l) Date of execution of the affidavit required by 93301(d) of the Divorce Code: 10/18/2004. (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant/respondent: Filed: October 25,2004; Served: December 20,2004. 4. Related Claims Pending: NONE. 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: January 12,2005, by personal service. (b) Date plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: N / A. (el Date defendant's Waiver of Notice in g3301(c) Divorce was filed with the prothonotary: N I A. c tfi ~~ rA-. CHA LES E. PETRIE ATTORNEY FOR PLAINTIFF Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALEX ERBY, vs. NUMBER: 02-5144 SUSAN C. ERBY, Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF !i33011dl DIVORCE DECREE TO: SUSAN C. ERBY (DEFENDANT) You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~3301(d) affidavit. Therefore, on or after January 31, 2005, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 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. DAVID J. REED, PROTHONOTARY CAMERON COUNTY COURTHOUSE EMPORIUM, PA 15834 (814) 486-3355 ~ ""' (~f C'::J I C'.J " u_: S.' (j '.-- ri: 1.."- , .L.. () CO 0 I lU ::- cr:LU F 9 ..n ::) Lt_ (;.;;;:> C) <= U <..... ......--~~-.,~.-~,..,",'"'---~-"'-~'"--... ~~+~~~+~~++~+~+~+~~~+~~~++++~~~~~~~~~~~+++++++~~~+~+:~+~+~+~+~~~++++++++:~~~~~+~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1"" . . ~ +:f ~,., +: Of '4'''' '4' '4' '4': '4'~'-:t ~'4"~ +: '4' + '4' + + + + +: + +: + +: + + + Of '+' + + + + + + '+' '4' + + '+' +: + + + + + + + +: + + + +: + + + +: IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PEN NA. ALF.X F.RHY. No. 02-5144 Civil Term 2002 Pl~inrirr VERSUS SUSAN C. ERBY, Defendant DECREE IN DIVORCE AND NOW, tJ~ ~ 7:37 A-ft1 . J")- 2005, IT IS ORDERED AND DECREED THAT ALEX ERBY , PLAINTIFF, AND SUSAN C. , DEFENDANT, ERBY ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; IT IS FURTHER ORDERED that the parties Marital Settlement Agreement dated November 1-2005, sh 1 be incorporated into, but not merged with, thO Decree in Divorce. E ATTEST: (!. . ~ ~ ROTHONOTARY +:+:'+'+'+'+ +:'+'+:+ J. ~fp :z /1/""'" ?fl?/ fp' ~.p/ ~ ptJ ~r/ ~ p~#~J pJ " , , . '.'. . .'11}. ee -II SO -ee.jl ! h Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ALEX ERBY, vs. NUMBER: 02-5144 SUSAN C. ERBY, Defendant IN DIVORCE PPL SERVICES CORPORATION DEFINED CONTRIBUTION PLANS QUALIFIED DOMESTIC RELATIONS ORDER 1. Parties to Divorce Action. The parties to this action are the parties specified below. The Participant is ALEX ERBY. The Participant's address is 845 Louise Court, Enola, County of Cumberland, Pennsylvania. The Participant's social security number is 208-42-7209. The participant's date of birth is November 16, 1950. The Spouse is SUSAN C. ERBY. The Spouse's address is 209 North Second Street, Steelton, County of Dauphin, Pennsylvania. The Spouse's social security number is 197-40-5585. The Spouse's date of birth is March 24, 1949. 2. Planes). This order (the "Order") applies to the PPL Retirement Plan. 3. Interpretation and Construction of Order 3.1 The parties intend this Order to constitute a "Qualified Domestic Relations Order," within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"). The provisions of this Order shall be administered and interpreted in conformity with section 414(p) of the Code and section 206(d)(3)(B) of ERISA. 3.2 Nothing in this Order shall be construed to require the Plants) to provide: (a) Any type of from of benefit, or any option, not otherwise provided under the Plants). . (b) Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Plants) would be required to pay with respect to the Participant if the Order did not apply. (c) Benefits to Alternate Payee (as defined in Paragraph 4) which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relation order. 3.3 This Order is made pursuant to state domestic relations law 23 Pa.C.S.A. ~ 3322. 4. Alternate Payee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a portion of the benefits payable with respect to Participant under the Plants). For purposes of this Order, Alternate Payee is: X 4.1 Spouse. 4.2 Participant's Child. 4.3 A dependent of Participant, other than Spouse or Participant's child. Alternate Payee shall provide the Plan Administrator with timely written notice of name and address changes. 5. Payment to Alternate Payee During Joint Lives of Participant and Alternate Payee. Commencing on the later of the date benefit payments to Participant begin or as soon as practicable following the date this Order is determined to be a Qualified Domestic Relations Order, the amount to be distributed to Alternate Payee during the joint lives of Participant and Alternate Payee shall be 25% of the monthly amount otherwise payable to Participant. Payments to Alternate Payee under this Paragraph 5, if any, shall cease upon the death of Participant and alternate Payee shall become entitled to the payments, if any, described in Paragraph 7. Payment shall not start before the expiration of the period during which any interested person has a right to appeal the Plan Administrator's determination that this Order is a Qualified Domestic Relations Order, unless such period is waived in accordance with procedures adopted by the Plan. [Upon commencement of the payments to Alternate Payee, such payments shall be increased to reflect the payments that would have been made had payments started on the date of the Order, and an equivalent amount shall be withheld from payments made to Participant.] 6. Effect of Death of Participant Prior to Commencement of Benefits. If Participant dies before benefit payments to Participant begin, Alternate Payee shall be entitled to the qualified preretirement survivor annuity ("QPSA") provided under the terms of the Plan, in lieu of the benefit in Paragraph 5. 7. Payment to Alternate Payee Following Death of Participant After Commencement of Benefits. If Participant dies after benefit payments to Participant begin, Alternate Payee, if surviving, shall be treated as Participant's spouse under the Plan, and shall receive a monthly amount for Alternate Payee's lifetime, equal to the survivor benefit, if any, payable under the form of benefit elected by Participant, with the consent of Alternate Payee, at the time benefits commence. 8. Effect of Death of Alternate Payee. If the Participant survives the Alternate Payee, the monthly amount otherwise payable to Alternate Payee under Paragraph 5 shall be paid instead to the Participant in accordance with the terms of the Plan. 9. Continuing Jurisdiction. The Court shall retain jurisdiction to amend this Order for the purpose of carrying out the intent of the Parties as reflected in this Order and to establish or maintain the status of the Order as a Qualified Domestic Relations Order. Either party to this Order may apply to the Court for such amendment. ro. Continued Qualified Status of Order. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 4I4(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. I I. Constructive Receipt. If any of the benefits assigned to the Alternate Payee are inadvertently paid to the Participant, the Participant shall immediately reimburse the Alternate Payee to the extent of such benefits. Further, until the Alternate Payee has received the benefits assigned to him/her pursuant to this Order, the Participant shall make no election inconsistent with this Order concerning such benefits. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. J:;t!~ ~ ~~, SUSAN C. ERBY @j ALEX ERB . ~zd-- WITNESS J. <'.0 e y 11 ~fF' -In A ii'y R: ,fr~ Corr !l\o.lla~~C stcnlf'y/I/,J.c1'<'.1/ PPL Two North Ninth Street Allentown, PA 18101-1179 Tel. 610.774.5151 http://www.ppHnc.comJ , ' , \ ,I I I ""\'It/,, .. ..... # ... . .."... ppl .~~:: September 20, 2005 Charles E. Petrie, Esquire 3528 Brisban Street Harrisburg, PA 17111 Re: Benefits of Alex Erby PPL Retirement Plan Dear Mr. Petrie: This letter is in response to the proposed domestic relations order received by fax on September 14, 2005. The order relates to Mr. Erby's participation in the PPL Retirernent Plan (the "Plan") and names Susan Erby as the Alternate Payee under the Plan. We have reviewed the order and have determined that if signed and entered by the court in its current form, the order would meet the requirer:nents of a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code. Please forward a certified copy containing an original raised court seal of the final order to my attention for a formal determination of qualified status. Very truly yours, CJfJJJ.4- It ~ Colleen M. Marx cc: Stanley Mitchell, Esquire t(':, ',(;~\J~' (1' ,:.:> S:~- \.;":"'~ c_\ \. ("",'/-' \:;..l"'- ~\.\~~ .,~-'j..~ y' \J.,- o .,..... ~,>.. o? \ - ~c~ it;. ~") ,"" ) u ~ ;'vi. \.- '\'