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Home My WebLink About00-00259 ,~- _ "'"' i ,,,, ,_J. 0,0' ^ - . ~ , - -~ v ,,f. '. ,'," ."}!3'::;:':::~-::c!;:;,'::!::.:)~::-:::;re~,::::!::+;!t::,!::.Xj!~~:)-::C.~::::!::+X)~~)3Ei()reK)re!~')::.:);;:')3C!~::~!::.XXC!r:K+>~-)!~ ~ ~.~ ~ ~o'~ ~ ".>" ~ ~.~ ~ I ;.~ ~ ~ ~'s ~ ~.; , ~.; ~ ~ ~\ ~ ~ ~.~ ~ ~J~ ~ \l'.~ ~ \l'i ~'S * ;..; ~ 8 ''{; ~:~ ~ ~.~ "'.>" ~ h. ~.~ I ~.; I ~ ".,-' W ~.~ ~ ~.~ ~ i .. t"" ~.; I ~.~ * .";.-r.-....,S~~,~....___l._~_<AA'<.."'.....~,r,.......~,'~:?'.......,,~'~~,.,.-',""".-r...."",W,.-.,,~r'. .,'...._~"j'A:",~''""__~... '~~"'*'lo.'W;"'..,"'....~~'-"'...._!,,":O!..._!.;"~~.....:'>.',"~.._=~~ ~ ~~~ I M, i ~.~ ~.'~ ~ ~ i ~.~ ~ ~ i ~ ~l ~ ~ ~ ~.~ a ~.~ ~ ;..; ~ ~ ~.~ ~ ~ ~ ~ ~ ~~~ Ii ~.~ ~.~ ~ ~.~ ~ ~~~ * ~ ~." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CLARE E. RORCS, Plaintiff N 2000-259 CIVIL TERM O. ........................ ..................1;1 Versus ZACHARY N. RORCS, I Defendant DECREE IN DIVORCE AND NOW,... ~.. .J...~......., W.?QQQ" it is ordered and decreed that......... .<?~.~:.~~i?........................, plaintiff, and. .. .. .. . . .. .. .. . .. . .Z.A,C.HARY: N.. m~~ . .. .... .. . . . . . . ... . . ., defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; None. ~.~ ~ ;..; ~ "~' M A :'~~ ~ ~.. oj JI ?'. ~ !\l 1..".-...."..".- .'..~.--...'.;._...'.'.....,....~. "._.' ",' "_L,,, "_i"~ "'"/''' '_i,", ,......i_'.. .'._i.'.. ' ~ ~.~ ~ }::.::.( :::.::.::(;..:::+::.':: ):::.::O;;::~~::.::< :::'::.::':. ::"::.::'..: ::.::..::~,;. :.::.::< )::.::~;: ................ , .................."............................... ... //' By Allest: othonotary ~ :.::+>;;:::~.::+}< ::';.::.~; :::;.::.;~;': :':.::.~; :".::.::~;;: ::.->>::.; ::~;'::.::"; ".::.::";. :':;'::.::~": _:~':.::'..: k " , ,~ '-"l~ . , ~ ;.; ~ ~ ~.~ ~ ;'~ ~ ~ ~.~ ~ ~.~ J. ~ '.~ ;-~ ~ ~ '.' ~ ~.~ .,:-.,. .. '.' , , ~ .'.~" 7,d;17,CJC) &/ ~ /P1~ ~ #~ 7'd).Ct? 714 ~ ~ 4 .r6c-~- II " '~.IlfIIl!!Il,l " , - -.".~._~~.. " -. ~- -",,,,,-, > CIARE E. ROROS, IN THE OJURT OF CCMMON PLEAS OF CUMBERIJ\ND COUNI'Y. PENNSYLVANIA NO. 2000-259 CIVIL TERM Plaintiff vs. ZACHARY N. ROROS, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information; to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: AcceDtance of Service signed by Defendant's attornev on Julv 11. 2000, Divorce CanDlaint filed on January 13, 2000. 3. Complete either Paragraph A. or B. fd ~ ~e of execution of the affidavit of consent required by Section ::,:"! ~~"'?h 3301 (c) C;;i: thEt~iivorce Code: by the plaintiff June 30, 2000 o~-,-~ :~~ ~~ by t1i.e defendan€?,! June 7, 2000 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code and by Defendant on June 7, 2000 Waiver of Notice signed by Plaintiff on June 30, 2000, .~t^\~ Attorney for Plaintiff/~ Keirsten W. Davidson Atty. I.D. #78243 .~I!ifMlI~-'~ "~Thlt._iIIIW! '~j;jj,.!ll",,~_'" ,~ - . ~... <>>--. ,J.lic,..,.: ",un .,,, ~~,"'-~~ .. 0 (.::J (J' c::: c,"::) <- -n "'T)fC ~~:;: gJr.t , :s;~ ~-l ~~?: --t ~c:::: -Zi ~Q '-, }>C t::'" c:: '-_e 4:. -, =2 :r> (N ::0 -< J~. ~ "I'_'! ti ],i fi L , ,I iI , i 'I I I ! i i i i I II " , . ~,-,-~--,,"-, " - - ~,' , .' '''^ ~ , -,c",'J,_S~'","~~"",,-, ",""+__ 1-",-'" """," '_>" .1>',~r".'W';">1--"'~,,,,,,c,;c' ... Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLARE E. ROROS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000- .;zs9 CIVIL TERM v. CIVIL ACTION - LAW ZACHARY N. ROROS, IN DIVORCE Defendant 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 c1airn or relief requested in these pages 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, Pennsylvania 17013 Telephone: (717) 249-3166 :.." ,- " ' -",,,...,;1 -,",,, ,". -,~. _,"<I~', -' _."'. --' '. ";'-'-~" "'~__;'" k;.;; ;,," ,-,~"i,"'~,,;':;;'"-,~,,; .------ ',;",:" , . Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLARE E. ROROS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000- d 57 CIVIL TERM v. CIVIL ACTION - LAW ZACHARY N. ROROS, IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(cl OR 3301(dl OF THE DIVORCE CODE AND NOW; comes the Plaintiff, Clare E. Roros, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Zachary N. Roros: 1. The Plaintiff is Clare E. Roros, an adult individual, residing at 1204 E. Powderhorn Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is Zachary N. Roros, an adult individual, residing at 211 Strafford Street, Wayne, Delaware County, Pennsylvania. 3. The Plaintiff and Defendant were married on June 1, 1974 in Brooklyn, New York. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. ,~-, ,"^ ~- -" ,-~" ;, -~,~ .___~_.;,l' ",,,",,...,," -'-->-.""-~;',l'-,'" ,'+--1 ",,_,;. .,~,~ __'_"_"_',,$"f..''''""''''':~''' 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301 (c) of the Divorce Code. COUNT 11- EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 7 inclusive, of the Complaint as if the same were set forth herein at length. 9. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHNSON, DUFFIE, STEWART & WEIDNER BY:~W,~ Keirsten W. Davidson :130275 .~" .__0 ___ . "_,_. "_, ,~o '~,,_.q . ._. :,_,.^ .~, ,".,;__J ~ ^',,~<, -,.'-h-,,';;,""',:l=- . "-Ii VERIFICA TION I verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A !l4904, relating to unsworn falsification to authorities. Date: ~ '\ \ nt> \.. ~Oll\ . L E. e.."'I'\A1":'i Clare E. Roros -- ~- <-'.'~ .-~"",~ '",'__"<"~~"e ~"t^__,.. ""'o.~ "-.,s,,-,G,"'_!,"Y;~",',y-,,,-_"_ ,,"""' Johnson, Dnffie, Stewart & Weidner By: Keirsten W. Davidson . LD. No. 78243 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff CLARE E. ROROS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 2000- CIVIL TERM v. CIVIL ACTION - LAW ZACHARY N. ROROS, IN DIVORCE Defendant AFFIDA Vir CLARE E. ROROS, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. 94904, relating to unsworn falsification to authorities. Date:~."'\ ~ ~ \!~e ~ Clare E. Roros liiii~1IiIDilIilil ~ "iq. . . ~ - AJ t::;":S1 ~c:; (') 0 ~8 0 ~ . (5 c ~ s: t- O C;.., D .~ -Urn ::::- ~~ . d mrn z ~ () D() Z::o I 65.S;; w 0 -.0 ~L .-1.....i ;<C -U :'L...,., 0. --J ~l: ~(') :x O() (} ~ l':-! Zrn "\) >=8 0 ~ ~~ Z U3 35 f- ~ en -< (;:, cp. -t L " . ',_" __J k 1.', ' _ "'~_ ;" " CLARE E. ROROS, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-259 CIVIL TERM ZACHARY N. ROROS, Defendant CIVIL ACTION IN DIVORCE ACCEPTANCE OF SERVICE OF COMPLAINT IN DIVORCE I, Catherine A, Boyle, Esquire, counsel for Zachary N. Roros, Defendant in the above-captioned matter, certify acceptance of service on behalf of Zachary N. Roros of a copy of the Complaint in Divorce filed by the Plaintiff, Clare E. Roros, on January 13, 2000, and that I am authorized to do so. Date: 1- hI I DO I / i II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236,9428 . FAX (717) 236,2817 , .'-"^IIillu. l'~""" Ii' ... 'Willi (') (..'::! () C a ;: ~ '- -. u\c/,~, c:: 2! [nIT! ,- ZJ, ~ ZC ~::::! (I) ~~ -.i L r::- , :~<' <-,\~f ,J -71 ~o ::r-:::: C.) (5 .,,"'" :;;;;0 z:- :;~';-rn C u -~ 2: '"r,;. :< (0:> 5.J ~"'''- ",.. . .,-j- 0..", .'_~_ ,,,,,~.~ ;,-_+_},,;;,," ,',~,,'",_, _'_"'1.;.; ,';",,"_, ." ..' ,.e, "c... ,.t-,-,,,,;;:,,,",,,-,__,_,,", -- .,- "" '~ Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson J.D. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLARE E. ROROS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 259 CIVIL TERM v. CIVIL ACTION - LAW ZACHARY N. ROROS, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: r '?JC':> \ &007) :135910 C2~e-~ Clare E. Roms, Plaintiff "" '-'~ "~~ ,-. ~ '~,~~ -~ ,.. (') C) v C Cl .. $: ': vCD ~ ,~ rnrT, 7:r.:' -------;:-,; ZC -.J .1....-::} (/) ~,: 1.1.._ -<~C "::-';',-~J ~Ci ,~ ~5~t~ :zO -... "'7.... ~ )>9 C' (:Sill '-- :;;' ~ ::0 fv -< Jli Johnson, Duffie, Stewart & Weidner By: Keirsten W. Davidson LD. No. 78243 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff CLARE E. ROROS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- 259 CIVIL TERM v. CIVIL ACTION - LAW ZACHARY N. ROROS, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights conceming 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ~ r--v-'--. () 0 I c:l OLJV ~ ' ~(~ Clare E. Roros, Plaintiff :135910-2 () c:.> ~. ,.I c 0 ~Il ~ L "-~ vn;:; c:: -. rrinl ,- Z:n m 65 ~~~ --.J ~ -<:[ (:> ~C) 'l) " ~() ~~d5 -0 r::- e51d S>c --l ~ ;r~ ~ I"v -< 1ij" =~ " "~ ~ I,. _ ;;_-c_,_ ' , ~~.i CLARE E. ROROS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO, 2000-259 CIVIL TERM ZACHARY N. ROROS, Defendant CIVIL ACTION IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2000. The marriage of the Plaintiff and Defendant is irretrievabl broken and ninety (90) days have elapsed from the date of filing and service of the Complaint, I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are tru 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. Date: 6 -7 - 00 A.~O!::- II ii MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236,9428 . FAX (717) 236,2617 II II . LAW OFFICES MEYERS, DES FOR. SALTZGIVER & BOYLE 410 NORTH SECOND STReET P. O. BOX 1062 HARRISBURG. PA 17108 . ~ OF fr.ET> OffiCE ': '}T:':-,r-:DTARY DO JUri 14 PH ~i: \,8 CU~.1;:;.f'RiJ' 'j \'f' (':0' 'I"TY l~~........ ii.J v U Ii PENNSYLW\NIA , ~-~ . ,=,--^",~" ^ '~-". ,;-,>-,-~' '''-~ d.., .' .' " , ~k'''".. ,b_," ,,'Co' "~'-..'---, -;- ,,";-:~ .,'.~' ,. , '. e".';',-,-, "v"o, "'I CLARE E. ROROS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 2000-259 CIVIL TERM ZACHARY N. ROROS, Defendant CIVIL ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301{C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 decre will be sent to me immediately after it is filed with the prothonotary, I verify that the statements made in this affidavit are tru and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S, ~ 4904 relating to unswor falsification to authorities. Date f. - ?.. OD Z~~~ II I ,. " " I' :' , ,I II MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET. P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236-2817 . '. .' . ,'-...... . -. . s: m -< m ::0 J1l :t C :J> . m ;0 ;; III ;0 z ." (ij 0 0 ~ ~ ~ '" 0 ?J c , ;0 m . Ul 0 ~ m !il 0 )00 ." 0 ." ~ ~ z !:j 1i 0 . l:l m ~ ~ rn j m <: 0 m <X> -< m ::0 ll" Dl 0 -< r- m " 0 c:> (:> C 0 -n <'" ~ -om rne'"' Z ::n z" :n . zC '.'{:jtj en "' .~ --<'- ,.-'1.L r.:;:c -c ::::-'i~) ~L:' -," " -,. ~~t ~~i ~d ~ ;l>~ (.J ~ ~ ,,-----I ::- :!b CP -< '^ -.-~ ~ ~ ~t. > ,. ^; , -, "~"""',-' ',",'.". CLARE E. ROROS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-259 CIVIL TERM ZACHARY N. ROROS, Defendant CIVIL ACTION IN DIVORCE PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Defendant in th above-captioned matter. Respectfully submitted, Catherine A. Boyle, Esq MEYERS, DESFOR, SALTZGI & BOYLE Attorney I.D. #76328 410 North Second Street P.O. Box 1062 Harrisburg, PA 17108 (717) 236-9428 Attorney for Defendant I !I " il " I I, II I' MEYERS, DESFOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET . P.O. BOX 1062 . HARRISBURG, PA 17108 (717) 236,9428 . FAX (717) 236,2817 .,., . CLARE E. ROROS, Plaintiff - - " ,-.- , '-- - -!;~'''-, ~"' ~, - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2000-259 CIVIL TERM ZACHARY N. ROROS, Defendant CIVIL ACTION IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this ;}d'f-f.,.., day of ~, 2000, a copy of the foregoing Praecipe to Enter ~ppearancCJt:s sent via U.S. mail to: Clare E, Roros c/o Keirsten W. Davidson, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Catherine A. I.D. #76328 Attorney for Defendant MEYERS, DES FOR, SALTZGIVER & BOYLE 410 NORTH SECOND STREET' P,O. BOX 1062 . HARRISBURG, PA 17108 (717) 236-9428 . FAX (717) 236,2817 ,I .. . . ;;:: m -< m Pl ~ c . m ;ll ;; In ;ll z "TI Cii 0 0 ~ , ~ III 0 ?J c . . In ;ll m 0 Jil ~ 0 > ." 0 ." jl ~ Z !:j 0 0 m . l:l (/l ~ ~ :1 m <: 0 -< m '" ;ll llD m 0 -< .... m 0 0 () C. C> '~n S . --:j '.- -00..'1 :;:'":'0' ,L-r] rnrT\ -"- !-::~; Z:TI N zc :3<;) (/')dj:.: :;.3() ~~_. ,<0 '"0 ~];;~ ~o :::0; 5:>2 0"0 .'--1 ~ N 55 ,0 -< .. - .-. ~ 1_ l-i,,,~',,,",,,,, Lk' ~ ~- i 11 '.,- 'C- -. Plaintiff Clare E. Roros v. Defendant Zachary N. Roros In The Court Of Common Pleas Of Cumberland County, Pennsylvania Docket No. 2000-259 In Divorce QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 2 -g day of ~ ,200 t ,based on the findings set forth below in items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty-one: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on June 1, 1974, and divorced on July 26, 2000. 2. Participant Information: The name, last known address, social security number, and date of birth of the plan "Partieipant" are: Name: Zachary N. Roros ("Participant") Address: 211 Strafford Avenue, Wayne, Pennsylvania 19807 Social Security Number: #055-44-5395 Birth Date: March 28.1951 3, Alternate Payee Information: The name, last known address, social security number, and date of birth of the "Alternate Payee" are: Name: Clare E. Roros ("Alternate Payee") Address: 1204 East Powderhorn Road, Mechanicsburg, Pennsylvania 17055 Social Security Number: #132-44-6531 Birth Date: November 1, 1952 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4, Plan Name: The name of the Plan to which this Order applies is the Nortel Networks Long-Term Investment Plan (hereinafter referred to as "Plan"). Further, any successor plan to the Plan or any other plan(s}, to which liability for provision of the Participant's benefits described below is incurred, shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. ~ . """"'.. J, . <~ :Ii!\!:!!' .. 5. Effect of This Order as a Qualified Domestic Relations Order: This Order creates ~~d re?ognize~ the existence of an Alternate Payee's right to receive a portion of the Participant s benefits payable under an employer-sponsored defined contribution pension plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414 (p) of the Code and Section 206(d)(3) of ERISA and the Retirement Equity Act of 1984. P.L. 98- 397 6, Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of Pennsylvania. 7. For Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to One Hundred Percent (100%) of the Participant's Total Account Balance accumulated under the Plan as of the date this Order is approved and implemented by the Plan Administrator. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment funds maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established in the same fund mix percentages as the Participant maintains in his account. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, her benefits shall be paid to her as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Interal Revenue Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 10. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to her receiving the full amount of benefits called for under this Order and under the benefit option chosen by the Alternate Payee, such Alternate Payee's beneficiary(ies). as designated on the appropriate form provided by the Plan Administrator (or in the absence of a beneficiary designation, her estate), shall receive the remainder of any unpaid benefits under the terms of this Order. 12, Death of Participant: In the event that the Participant dies prior to the establishment of separate account(s} in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits <,""'At _. . ' ''''''',;i . payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 8 of this Order. Should the Participant predecease the Altemate Payee after the new account(s) have been established on her behalf. such Participant's death shall in no way affect the Alternate Payee's right to the portion of her benefits as stipulated herein. 13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) (b) (c) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; to require the Plan to provide increased benefits determined on the basis of actuarial value; or to require the payment of any benefits to the Alternate Payee which are required to be paid to another altemate payee under another order that was previously deemed to be a QDRO. to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. (d) 14. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 15. 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. 16. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Altemate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 17. Constructive Receipt: In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan Trustee inadvertently pays to the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments, and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee .shall be entitled.to receive her po~io~ of the ~~rticipant's ~~nefits as stipula~e~ . herein In accordance With the Plan's termination prOVISions for partiCipants and benefiCiaries. -, " ' . --~Jii111 ~ , ',-_ < . I 19. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein, including, but not limited to. the recharacterization thereof as a division of benefits under another plan, as applicable. or to make an award of disability benefits that may become payable under the Plan, if applicable, or to make an award of spousal support, if applicable, in the event that the Participant or the Plan Administrator fails to comply with the provisions contained in this Order requiring said payments to the Alternate Payee. 20. Actions by Participant: The Participant shall not take any actions, affirmative or otherwise, that circumvent the terms and provisions of this Qualified Domestic Relations Order, or that diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, the Participant shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of the Participant's actions or inactions, and to the extent of the Alternate Payee's full entitlements hereunder. 21. Notice of Pending Retirement: In the event that the Plan Administrator requires the Alternate Payee to wait until the Participant's actual date of termination or employment or retirement before becoming eligible to receive her distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following his termination or employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. o 5 . . ~JlIf . 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