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HomeMy WebLinkAbout97-02899 ~ ~ ..... ~ .... q: ..... I/) > \. ~ ..... q! -J... 't "'- c.!) I t- <r- ~ i ; I I I i I \ ~ ,-:( . -'~ , . .::+:. .:+:," .:+:. .:.:,-.:.:.- .:.:. .:.:.".:.:..:.:," .:<<~..:.:. .:+:. .:+:. .:+:. .:.:. .:.:. .:+:. .:+> .:.:.':-~;.:.:.:;.:.>::.:.:-:):.>:;.:.>:~.:.:.~_.:.:...:.)::.:.x:~, ~ ~ '0' . " w (.i .. Yo ~ Y. ~ ~ IN THE COURT OF COMMON PLEAS , ~ ., i ~.~ ~ $. ~~ $ *- " ,', ~ w. ..~ 8 ,,~ ~ $ ~ ',' !~ ~ ~.' M ,'~ ;il '0' ~ !i! ',' .. w ~.~ w ~.' ~ ,0, ~ ,0, ~ ~ ~.' *- ... ~ !~ ~ ~ ~ \~ ) : J, ;~ r i.', .~ ,', ~ ;; ~ AlIe.l: (~t!'X71?-~~'7 ? KfttCl ~ ~J ^ O;;t !;: '/7 Prothonolary . ' ~ l~ ~ ------q._-._-~----_..--_.--'._..,'..... ' ...... .... . .~ ~_-~_*~_~*__~_**~****.~***ro***_* w ',' ~ OF CUMBERLAND COUNTY I'f' STATE OF i. PENNA. w ~.' ~ s ~ ',' ;; ',' ~ Nil, ..,,,,,,,,,,,,,..,?Jl.!19,,,,,,,,,,,,,,,,, 1997 s MARXE, GLATFELTER ~ Vl'l'$lIS ',' ~ v .. i S DALE R. GLATFELTER w ',' " S w ',' DECREE IN D I V 0 R C E e,.;f e:frJA.I'l. AND NOW, "" ,).~, "J:,(" 0'" 19,1'.1", it is ordered and decreed that 0 0, , , , , ,l:'~,R,~ ,~:, ,~~~:r,~~~:r,E,~" , , , '0" '00' 0 0 0' 0', plaintiff, and, , 0 " " '0' 0 , , " '0 ~~~~, ,~'" ~~~~~~,~~~~, 0 0 , " , ," 0 0 '0' '0" defendant. are divorced from the bonds of matrimony, ~ ,', ~ ~ ,0. S ~ w ~.' ~ w '.' $. The court retains jurisdiction of the following claims which have '0' S been raised of record in this action for which a final order has not yet ,', been entered; ~ ~ .:' ~ .......... .... .................. ....... ................................... ~ ~'. " " .- r-' 0", i~S (" I,,, " " , ,f c-: C_1 " f ~ , " e)' '-.-J . " ... C'" , \l , , " l:fj .~ , tY. I t. . c:. ':..i . . ~ l>o lo. - ..,:. - ~ ....'Cc gjs!: < ..."..... p::: -c.!tC:: , ,. -c. . .. - t.:l 7.~;: ~ CII: .... Z I< ~ =- < ~~ ~ -<"'= o d '. . , . DIANE G, RADCLIFF 3448 TRINDlE ROAO CAMP HilL. PA 17011 PHONE: 17171 737,0100 FAX: 17171975,0697 . , intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE: The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS I This Agreement shall not be considered to affect or bar the right of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed Page 2 of 28 DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: 1717) 737.0100 FAX: (7171975,0697 ~ to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. 3. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above captioned divorce action, As soon as possible under the terms of said Divorce Code, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce, If either party fails or refuses to finalize said divorce or execute and file the documents necessary to finalize the divorce, said failure or refusal shall be considered a material breach of this Agreement and shall entitle the other party at his or her option to terminate this Agreement, 4. EFFECT OF DIVORCE DECREE. Unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties, 5. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them, Page 3 of 28 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: 17171737-0100 FAX: 1717) 975,0697 . . 6. NON-MERGER I This Agreement shall not merge with the Divorce Decree, but rather, it continues to have independent contractual significance and each party maintains their contractual remedies as well as court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. 7. DATE OF EXECUTION: The "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 8. DISTRIBUTION DATE. The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein, 9. ADVICE OF COUNSEL, The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, MICHAEL 0, RENTSCHLER, ESQUIRE for HUSBAND, and DIANE G, RADCLIFF, ESQUIRE, for WIFE. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after Page 4 of 28 DIANE G, RADCLIFF 3448 TRINDlE ROAO CAMP Hill. PA 17011 PHONE: (717)737,0100 FAX: 17171 975,0697 - , having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 10. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement and each party acknowledges that there has been a full and fair disclosure of the parties I mari tal assets which has been provided to each party. With respect to said disclosure the parties acknowledge that the listing and valuation of the marital assets set forth on Exhibit "A" attached hereto and made a part hereof represents the full and fair disclosure of the parties' marital estate and they further agree that the distributions provided for in this agreement are intended to be in accordance with the distributions set forth on Exhibit "A', 11. 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 Page 5 of 28 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: (7171737,0100 FAX: (7171975,0697 parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement, Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his 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, Given said understanding and acknowledgment, both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and separate 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, except in instances where said income and expense statement is hereafter required to be filed in any child support action or in any other proceedings pursuant to an order of court, c. The right to have any discovery as may be permitted by the Rules of Civil Procedure, except discovery arising out of a breach of this Agreement, out of any child support action, or out of any other proceedings in which discovery is specifically ordered by the court, d. The right to have the court determine which property is marital and which is non-marital, and equitably Page 6 of 28 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: (717) 737-0100 FAX: (717) 975-0697 distribute between the parties that property which the court determines to be marital, e. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement, including, but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite (temporary alimony), and counsel fees, costs and expenses. 12. PERSONAL PROPERTY, HUSBAND and WIFE do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property and hereafter WIFE agrees that all of the property in the possession of HUSBAND shall be the sole and separate property of HUSBAND; and HUSBAND agrees that all of the property in the possession of WIFE shall be the sole and separate property of WIFE, The parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to the above items which shall become the sole and separate property of the other. 13. AFTER-ACOUIRED 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, Page 7 of 28 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: 1717) 737.0100 FAX: (717) 975,0697 acquired by him or her, since September 9, 1997, the date of the parties' marital separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 14. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, they agree as follows: a. 1986 Honda Accord shall be the sole and exclusive property of WIFE, b. 1988 Honda Civic shall be the sole and exclusive property of HUSBAND, The titles to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title to the vehicle is unavailable due to financing arrangements or otherwise, In the event any vehicle is subject to a lien or encumbrance the party receiving said vehicle as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible therefor and said party further agrees to indemnify, protect Page 8 of 28 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: 1717) 737,0100 FAX: (717) 975,0697 and save the other party harmless from said lien or encumbrance, Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest they may have in the vehicles that shall become the sole and separate property of the other pursuant to the terms of this Paragraph, 15. DIVISION OF REAL ESTATE. The parties are the joint owners of a certain tract of improved real estate known and numbered as 5243 Meadowbrook Drive, Mechanicsburg, PA 17055 (hereafter referred to as "the Real Estate"), The Real Estate has an estimated value of $130,000,00 and is subject to a mortgage owed to Continental Capi tal Mortgage having an estimated balance of $50,232,31 (hereafter referred to as "the Mortgage"), With respect to the Real Estate and the Mortgage, the parties agree as follows: a, Contingent upon HUSBAND'S payment to WIFE of the amount of $78,866.21 as hereafter provided, WIFE shall make, execute and deliver all documents in the usual form conveying, transferring and granting to HUSBAND all of her right, title and interest in and to the Real Estate and agrees that upon said transfer and conveyance WIFE shall specifically waive, release, renounce and forever abandon all her right, title and interest therein, b, The said conveyance shall be subject to the lien of the Mortgage and shall be under and subject to any covenants and restrictions of record, Page 9 of 28 DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 1717)737-0100 FAX: 17171975,0697 c, HUSBAND shall hereinafter be solely responsible for the payment of the Mortgage and shall indemnify, protect and save WIFE harmless therefrom, In the event HUSBAND becomes more than 60 days delinquent in the payment of the Mortgage, HUSBAND shall be required to sell the Real Estate or to refinance the Mortgage so as to relieve WIFE from all further obligation and liability thereunder. d, Within 60 days of the date of this Agreement, HUSBAND shall pay WIFE the sum of $78,866,21 representing her interests in the Real Estate and the other assets to be distributed pursuant to the terms hereof. In the event HUSBAND should fail to make said payment within the sixty (60) day period, then HUSBAND, immediately upon the request of WIFE, shall be required to sell the Real Estate so as to generate a fund from which said payment is to be made, 16. EACH PARTY RETAINS OWN PENSION PLANS: Except as hereafter provided each of the parties does specifically waive, release, renounce and forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan, Retirement Plan, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan and/or any employee benefit plan of the other party, whether acquired through said party's employment or otherwise, and hereafter said Pension Plan, Retirement Plan, Savings Plan, Tax Deferred Savings Plan and/or any employee benefit plan Page 10 of 28 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: 17171 737,0100 FAX: 17171975.0697 shall become the sole and separate property of the party in which name or through whose employment said plan is carried. The foregoing notwithstanding, it is agreed that the marital portion of HUSBAND'S Gannett Fleming pension shall be equally divided between the parties. WIFE's 50% shall be determined by multiplying by ,50 the product of the gross monthly benefit multiplied by the marital coverture fraction, A Qualified Domestic Relations order shall be approved and executed by the parties to carry forth in intent of this Paragraph, 17. DIVISION OF B~ ACCOUNTS/STOCK/LIFE INSURANCE I The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND; and HUSBAND agrees that all the said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and separate property of WIFE, Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA accounts, Page 11 of 28 DIANE G, RADCLIFF 3448 TRINDLE ROAO CAMP HILL. PA 17011 PHONE: (717)737-0100 FAX, 17171975,0697 bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. lB. WAIVER OF INHERITANCE I Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party, 19. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible, WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, 20. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her Page 12 of 28 DIANE G, RADCLIFF 3448 TRINDlE ROAO CAMP Hill. PA 17011 PHONE: (717)737,0100 FAX: (7171975,0697 estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 21. MARITAL DEBT. It is acknowledged and agreed by the parties that there are no marital debts for which the parties, either jointly or individually, are responsible with the exception of the Real Estate Mortgage governed by the provisions of Paragraph 15 herein. Any liability not disclosed in this agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. From the date of this Agreement, each party shall only use those credit card accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. 22. BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein, In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by Page 13 of 28 DIANE Q, RADCLIFF 3448 TRINDlE ROAO CAMP Hill, PA 17011 PHONE: (7171 737,0100 FAX: (7171975,0697 this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. 23. SOCIAL SECURITY BENEFITS I The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 24. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment therewith, Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns, 25. FINAL EQUITABLE DISTRIBUTION OF PROPERTY I The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced, both parties relinquish the right to divide said property in any manner not consistent Page 14 of 28 DIANE Q, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: 17171737,0100 FAX: 17171975,0697 with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division, 26. ~IVER OF ALIMONY. SPOUSAL SUPPORT AND COSTS. Except as hereafter provided the parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs, Commencing with the date of this Agreement and continuing monthly thereafter through and including the month of June 2002, or until the death of either party or WIFE'S Cohabitation or remarriage, whichever shall first occur, HUSBAND shall pay WIFE alimony in the amount of $750,00 per month, which amount shall be prorated for any partial month. The alimony shall be reported by WIFE as income on her applicable income tax returns and deductible by HUSBAND on his applicable income tax returns. For all purposes, including income tax treatment purposes, the payments shall be deemed to be a periodic payment of alimony between HUSBAND and WIFE associated with a dissolution of their marriage and pursuant to a written marital agreement. It is further understood and agreed that WIFE shall not owe HUSBAND any child support during the period that alimony payment is due her, the alimony payments set forth above having taken into consideration the child support obligation of WIFE to HUSBAND, In the event HUSBAND seeks and obtains Page 15 of 28 DIANE Q, RADCLIFF 3448 TRINDlE ROAO CAMP Hill. PA 17011 PHONE: 1717) 737,0100 FAX, (717) 975.0697 child support during that period that alimony due WIFE from HUSBAND, the alimony amount heretofore provided shall be increased by the amount of child support due HUSBAND from WIFE during the period the child support is owed. It is further understood and agreed that HUSBAND shall not owe WIFE any child support during the period that alimony payments are due WIFE, 27. CUSTODY: The parties shall share and have joint legal custody of their minor children, SALLY L. GLATFELTER, born August 2, 1981 and DAVID G, GLATFELTER, born July 27, 1983, (hereinafter referred to as "the CHILDREN"), Each party shall be entitled to participate, jointly with the other party, in all major non-emergency decisions affecting the CHILDREN'S health, education, religion and general well being. Pursuant to the foregoing the following shall apply: a, Each party shall be entitled access to any and all information, entities and documentation persons, regarding the same so that informed decisions can be made. b. Non-major decisions involving the CHILDREN'S day to day living shall be made by the party then having custody, but to the extent possible, the parties shall attempt to make such rules and follow such schedules as would provide the CHILDREN with continuity in their lives regardless of the party with whom they are then residing, Page 16 of 28 DIANE G, RADCLIFF 3448 TRINDlE ROAO CAMP Hill, PA 17011 PHONE: (717) 737,0100 FAX: 17171975,0697 c, Emergency decisions regarding the CHILDREN shall be made by the party then having physical custody, but that party shall communicate to the other party the nature and extent of the emergency within a reasonable period of time and shall provide that other party with all information pertaining to the treatment so that the other party may be involved in the decision making process at the earliest possible time, d. Upon receipt by a party, copies of the CHILDREN'S school schedules, special events notifications, report cards and the like shall be provided to the other party, Each party shall share with the other party any other information and documentation, or copies thereof, that each party possesses regarding the CHILDREN within such reasonable time as to make the records and information of reasonable use to the other party, e, Each party shall provide the other party with at least 48 hours advance notice of school or other activities whenever possible. f, Neither party shall utilize the CHILDREN for purposes of conveying information or inquiries pertaining to the CHILDREN to the other PARENT, g, Each party shall notify the other party of any medical, dental, optical and psychological appointments and/or treatment for the CHILDREN sufficiently in advance thereof so that the other party can attend. Page 17 of 28 OlANE G, RADCLIFF 3448 TRINDlE ROAO CAMP Hill. PA 17011 PHONE: (717)737.0100 FAX: (7171975,0697 h, Both parties shall be afforded reasonable telephone contact with the CHILDREN while in the other party's custody, For purposes of this Paragraph the term "reasonable" shall be defined as meaning any times the CHILDREN desire to initiate telephone contact and a minimum of two (2) times per week for telephone calls initiated by a party. HUSBAND shall have primary custody of the CHILDREN, subject to liberal and reasonable rights of partial custody at such times as the CHILDREN and WIFE shall mutually agree, 28. CHILD SUPPORT, There shall be no child support owed by WIFE to HUSBAND, WIFE'S support obligation having been taken into consideration in fashioning the amount of alimony set forth in Paragraph 26 herein, incorporated by reference hereto. Further there shall be no child support owed by HUSBAND to WIFE during the period that alimony payments are due WIFE pursuant to the terms of Paragraph 26 herein, 29. PERSONAl, RIGHTS, HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart, They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, They may reside at such place or places as they may select, Each may, for his or her separate use or benefit, conduct, carryon and engage in any business, occupation, profession or employment which to him or her may seem advisable, HUSBAND Page 18 of 28 DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 PHONE: 1717)737,0100 FAX: (717)975,0697 and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her, 30. MUTUAL RELEASEB.t HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtsey, or claims in the nature of dower or curtsey or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony Page 19 of 28 DIANE G, RADCLIFF 3448 TRINDlE ROAD CAMP Hill. PA 17011 PHONE: (7171737,0100 FAX, (7171975,0697 pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, any only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof, 31. WAIVER OR MODIFICATION... TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 32. MUTUAL COOPERATION: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or document that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. Page 20 of 28 DIANE G, RADCLIFF 3448 TRINOlE ROAD CAMP HilL. PA 17011 PHONE: 17171 737-0100 FAX: (7171975-0697 33. AGREEMENT BINDING ON HEIRSI This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 34. INTEGRATION:.l. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them, There are no representations or warranties other than those expressly set forth herein. 35. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor) , execute any and all written instruments, assignments, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement, 36. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be Page 21 of 28 DIANE Q, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: 17171737,0100 FAX; 17171975,0697 construed as a waiver of strict performance of any other obligations herein, 37. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall of the other party. a. the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance, b. the right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. c. the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa. C,S.A, 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said Sections or replacement thereof by any other similar laws. d. Any other remedies provided for in law or in equity. Page 22 of 28 DIANE Q, RAOClIFF 3448 TRINDlE P.OAD CAMP Hill. PA 17011 PHONE: (717) 737.0100 FAX: 17171975,0697 38. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 39. SEVERABILITY: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall remain valid and continue in full force, effect and operation. Likewise, the failure of either party to meet his or her obligations under this Agreement under anyone or more of the paragraphs hereunder, with the exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining obligations of the parties. 40. 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 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 Page 23 of 28 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (717)737.0100 FAX: (7171975.0697 . . . . .. DISTRIRUTION OF MARITAL ASSETS AND DERTS DESCRIPTION TOTAL VALUE HUSBAND VALUE WIFE VALUE REAL ESTATE 5243 MEADOW BROOK DR. 130,000.00 130,000.00 MECHANICS BURG PA CONTINENTAL CAPITAL -50,232.31 -50,232.51 MTG. ON MARITAL HOME 212 N. HIGHLAND DR. UNKNOWN UNKNOWN SHREWSBURY PA. (1/5TH INTEREST) VEHICLES 1986 HONDA ACCORD TO BE TO BE OFFSET OFFSET 1988 HONDA CIVIC TO BE TO BE OFFSET OFFSET BANK ACCOUNTS PNC JT. CHECKING 1,599.07 1,599.07 ACCOUNT HARRIS H'S CHECKING 3,191.57 3,191.57 ACCOUNT PNC W'S CHECKING 4,546.50 4,546.50 ACCOUNT PENSION AND RETIREMENT PLANS H' S GANNETT FLEMING TO BE TO BE DIVIDED TO BE PENSION DIVIDED EQUALLY AT DIVIDED EQUALLY AT RETIREMENT EQUALLY AT RETIREMENT BASED ON RETIREMENT BASED ON MARITAL BASED ON MARITAL COVERTURE MARITAL COVERTURE FRACTION COVERTURE FRACTION FRACTION Page 27 of 28 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE: (7171737.0100 FAX: (7171975.0697 l . . . . " H'S GANNETT FLEMING 17,511.99 17,511.99 401 KPLAN H'S .JACKSON NATIONAL 18,779.66 18,779.66 LIFE IRA ACCOUNT NO. 003667700 LIFE INSURANCE AND ANNUITIES H' S PENN MUTUAL LIFE 23,509.77 23,509.77 INS. POLICY NO. 7150215 H'S JACKSON NATIONAL 20,551. 20 20,551.20 LIFE ANNUITY POLICY NO. 0031746660 WIFE'S JACKSON 2631. 63 2631.63 NATIONAL LIFE INS. POLICY NO 0007847730 HOUSEHOLD GOODS H'S HOUSEHOLD GOODS DIVIDED BY DIVIDED BY AGREEMENT AGREEMENT W'S HOUSEHOLD GOODS DIVIDED BY DIVIDED BY AGREEMENT AGREEMENT DEBTS I NONE TOTALS EXCLUSIVE OF 172089.08 164910.75 7178.13 PENSION AMOUNT DUE BASED ON -86044.54 -86044.54 50/50 DIVISION CASH ADJUSTMENT 78866.21 -78866.41 NECESSARY FOR 50/50 DIVISION Page 28 of 28 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E. GLATFELTER, Plaintiff NO. 97-2899 CIVIL ACTION - LAW IN DIVORCE V. DALE R. GLATFELTER, Defendant PRAECIPE OF TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c)of the Divorce Code. 2. Date a. b. and manner of service of the complaint: Date: 6/4/97 Manner: Certified, Restricted Delivery 3. Date 3301 a. b. of execution of the affidavit (c) of the Divorce Code: Plaintiff: 1/14/99 Defendant: 1/4/99 of consent required by Section OR Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the Divorce Code and date of service of the Plaintiff's 3301 (d) affidavit upon the Defendant: a. Date of execution: n/a b. Date of filing: n/a c. Date of service: n/a 4. Related claims pending: No issues are pending. All issues have been resolved pursuant to the Marriage Settlement Agreement between the parties dated 1/4/99 which Agreement is to be incorporated into but not merged with the Divorce Decree. 5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the decree is to be entered under Section 3301(d) (I) (i) of the Divorce Code: a. Date of Service: n/a b. Manner of Service: n/a OR Date Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: a. Plaintiff's Waiver: 1/15/99 b. Defendant's Waiver: 1/15/99 , ESQUIRE le Road Cam . PA 17011 reme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 Attorney for Plaintiff ;.-. 1""' '?- u: c_ I::: -.. " , . 0 , . .-) .....:: I , '. .~r .: ~.. I " , : ! : , ~, I. ..' . ..- r) .,., . , , '. ' "';"1 . .:} 0... ,. C-l ":j , VI <.) "' J ~ 1I1 0 f> ~ t;, ~ " " ,-~ .~ 1""' ..; ~ '" ''1 h: '" "T ,.. - fb ~. . .. \ ,- - ") tll: u. ; C!; .. .. : t ~ _ t.,-; . " ", ":j ,,': : "., r~. ~"'J ,) g lll'- , './ !.J, \(d " -. , :.0- . I.. f" ,I LJ <:r> (.) ~ w , , , . , ~3]~ ~ ~:lj~ d ~~~ ~ ~.. Q, 3<h l:l t3 . . . " . ~~ Co; l' '" 'i;'1 '" .., ~ DIANE G. RADCLIFF AtTORNEY-AT-LAW ,... TRINOI.E ROAD CAMP lUll.. PA 17011 " annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken. Or in the alternative, (b) That the marriage is irretrievably broken and the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and DIANE G. RADCLIFF AtTORNEY,AT,LAW 'ffA TRINOLE ROAD CAMP 11I1.1., PA 17011 " debts, both real and personal, during their marriage from July 16, 1977 until the date of separation, all of which is "marital property". ll. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". l2. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III: ALIMONY PBNDBNTB LITB. ALIMORY l3. Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. l4. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself though appropriate employment. l5. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to ,- U) 2.:: [~ ('".~ '" .._~ - f-- l':, r) " l'l; , ( '''' I'M" '-. +,,~ " r. ~ T ~;'J r. 1 Ur- n>' - )"' '.. f:') l> Crl . -, . ~ "- VI '- lr; "': ea ..... ~-) ,- .- j ~ ,I::~ s , , t OJ. ," \ !~: ~ ",-~ r--:.. , , :..n , , C:)" ..Ji. c -' , .,., U: '..,'" , , ~l... - , " ,,"' , L' G' 0 . . . -, .' ~.... \!l >- C.: ,,' 1:- ~"::.: : .' f_~"~ , I , <. I , < ) " r.: to.: I ) , ....t'J , ....- , _.i i~~1 <.t_ o ." I cr, , .. c.'i 0 . . "., '-0 ;-. r',~ c, i'" " , , '... ~- ~" , , '. . , , . . (',",: : " u.: .. Lc , .- , , n.. ( , (J" () ,'..... ~ -. ~ .~ C": ;:. 10', .. :.,.~ ~9 - ():z ~~ if '.',;: (;}f~ :yo M '.~ ... :j~ E~t :r. ~fE ::J ::~ (.'. -, b ,.. ::> en u ~3]~ ~ ~:lj~ ,ft ~ i! F.! ..., ~ f":I: ~~!! l:l " . , ,. . .. ,J- i lr. ('I C :;j' ll". \;. t- 6; r)"r UJ~! , -~ <')f~ O;i; ff-' ~..: ,..,-;;'1 J.. r~ 9" .-...;,- In ~,_~"n 01<: ('~.! "I : .I~ we, ,..-... Ell' -I :IJJ :1: :.. ~n :J... ,- -, "5 11. ..... 0 en U DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717)737.0100 ID # 32112 , - '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARY E, GLATFELTER, Plaintiff V. DALE R, GLATFELTER, Defendant NO,97-2899 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ')~ "" ~.. . .- AND NOW, this (T day of -fJ'" , 1999, upon consideration of the within Stipulation of the parties and their Marriage Settlement Agreement dated January 4, 1999, pertaining to Dale R, Glatfelter's interest in the Gannett Fleming, Inc" Pension Plan, the following is HEREBY ORDERED AND DECREED. A, Background Information: 1. Plan Participant: Name: Address: Date of Birth: SSN: 2, Alternate Payee Name: Address: Date of Birth: SSN: 3, Name of Plan/Retirement Account to which this Order Applies: Dale R, Glatfelter 5243 Meadowbrook Drive Mechanicsburg, PA 17055 March 23, 1952 183-42-1224 Mary E, Glatfelter 104 South 16~ Street Camp Hill, PA 17011 April 30, 1953 158-44-6770 Gannett Fleming, Inc, Pension plan DIANE G, RADCLIFF 3448 TRINDLE ROAD CAMP HILL. PA 17011 PHONE (717)737.0100 ID#32112 , - " 2, The foregoing has been acknowledged and agreed upon by the parties to represent the Alternate Payee's interest in the marital portion of the Plan Participant's pension accruing from the date of marriage to the date of the parties separation, The Plan Participant shall be entitled to all other retirement benefits remaining after the payment to the Alternate Payee of her distributive share in accordance with the provisions of Paragraph 1 above, The Plan Participant and the Alternate Payee shall each be required to pay any and all taxes associated with the payment and receipt of his or her portion of the retirement benefits and shall be subject to all applicable withholding taxes, The above payment shall commence as of the date the Plan Participant retires and first becomes eligible for payments under the Plan and, except as otherwise herein provided, shall continue until the death of the Plan Participant, In the event the Alternate Payee shall predecease the Plan Participant, any sums due the Alternate Payee hereunder shall be paid instead to her personal representative or heirs, This is a property distribution order made in and under the Divorce and Equitable Distribution statutes of the Commonwealth of Pennsylvania, and in accordance with the provisions of such statute, the portion being distributed to the Alternate Payee has been determined to be her property. 3, 4 , 5, 6, .3. ,;." -e ~ >- r- I::: \"- c:r' c-: ~ .' "' i== (i:J " A lIl{:~' , ) 0" ". ~ ~ F:"l' .- . .:.; yi ~~_l c' . ~ uP' , 1.... . " tt' CO:> '11U r;, u.J 0';0.. ~\8 1..1- 0d. lL C' -. ..' CI 0' U y RECEIVED APR 151005 Mary E, Glatfelter, now by resumption of former name, Mary E, Lodge, Plaintiff IN THE COURT OF COMMON PLEAS OF CilllBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LA \V v, Dale R, Glatfelter, Defendant ,. NO, !l7,2R!l!J QUALIFIED DOMESTIC RELATION!; ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee as a result of a Marriage Settlement Agreement between the Participant and the Alternate Payee entered into on .January 4, 1!l9!l. 2. 'rhis Order creates and recognizes the existence of on Altemate Payee's right to r~ceive a portion of the Participant's benefits payable under an employer sponsored defined benefit plan which is intended to be qualified under Internnl Revenue Code of 1986 ("Code") ~40l(a). The court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code ~4l4(pl. The Court enters this QDRO pursuant to its authority under the 23 P,C.S,A. ~3502, 3. This QDHO applies to the Gannett Fleming, Inc. Pension Plan ("Plan"), Further, this Order shall apply to any successor plnn to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred, Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer. whereby Iinbility for benefits accrued under such predecessor plan or other defined benefit plnn 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. 4. Dale R. Glatfelter ("Participnnt") is a participant in the Plan. Mary E. Glatfelter ("Alternate Payee"), the former spouse, is the alternate payee for purposes of this QDRO, 5. The Participant's nome, mailing address, social security number and date of birth are: Dale R. Glatfelter 5243 Meadowbrook Dl'ive Mechanicsburg. PA 17055 Social Security #: 183-42-1224 Date of Birth: March 2:1, 1952 6. The Alternate Payee's name, mailing address, social security number and date of birth arc: Mary E, Lodge 2208 Goldenrod Street Ferndale, WA 98248 Social Security #: 158'44-6770 Date of Birth: April 30, 1953 QDHO Puge 2 The Alternute Puyee shull huve the dut)' to notify the Plun Administrator in writing of uny changes in this muiling nddress subsequent to the entry of this Order, 7. This Order assigns to Alternute Puyee un IImount equnl to the IIctuarinl equivalent of 50% of the marital portion of the Pllrticipllnt's accrued benefit under the Plan liS of the earlier of his dllte of cessation of benefituccrunls or the dute thnt the Alternate Pllyee commences her benefits hereunder, '{'he maritlll portion of the Pnrticipnnt's IIccrued benefit shall be determined by multiplying the Pllrticipnnt's accrued benefit by a frnction <less thlln or equal to 1.0), the numerator of which is the totlll number of months of the Participllnt's purticipation in the Plan as of September 9, 1997, the date of sepllration, and the denominutor of which is the totul number of months of the Purticipant's participation in the PI un us of the curlier of his date of cessation of benefit accruals or the dllte thut the Alternate Payee commences her benefits hereunder, In addition to the IIbove, the Alternute Puyee shllll receive II pro ruta share of any postretirement cost,of-living adjustments or other economic improvements mude to the Purticipant's benefits on or ufter the date of his retirement. Such pro rnta shure shall be calculated in the same manner us the Alternute Payee's shllre of the Participant's retirement benefits is calculated pursuant to this Section 7, Notwithstanding the lunguage set forth in this Section 7, in the event that the Alternate Payee becomes entitled to a quulified preretirement survivor annuity under Section 9 of this Order, then the Alternate Payee's right to a share of the Participunt's benefits as called for under this Section 7 shall be terminated as of the date of the Participant's death, and the Alternate Payee shall receive her designated portion of such preretirement death benefit in lieu of any other benefits to which she may be entitled under the terms of this Order, 8. The Alternate Payee may elect to commence her benefits under the Plan at aay time on or after the date the Participant attains the earliest retirement age as defined by Code 9414(p)(4)(B). Further, in the event the Participant becomes eligible to commence benefits at an earlier date as the result of a disability retirement, the Alternate Payee shall ulso be entitled to commence her share of the benefits at such earlier dute, Notwithstunding the above, the Alternute Payee shall commence her shure of the benefits no lute I' thun the Participant's uctual dute of benefit commencement, The Plan Administrator is instructed to provide any required notice and election forms in a timely manner to the Alternate Payee before such date of benefit commencement. The Alternate Payee shull be entitled to receive her benefits in any fonn available under the terms and provisions of the Plan, other than a quulified joint and survivor unnuity with u subsequent spouse as the survivor annuitunt. The Alternute Payee shull execute any fonns required by the PI un Administrutor. The form of benefits paid to the Alternute Payee shull be based on the life expectuncy of the Alternate Puyee. Any actunrial reduction thut might be necessary to convert Alternute Payee's benefits to one based on the Alternate Payee's lifetime shall be borne by the Alternate Puyee. Further, should any curly commencement reduction be necessury in the event that the Alternate Payee commences her benefits prior to Participant's Nonnal Retirement Dute, then such reduction shall be applied to Alternate Payee's benefits. Qono Puge 3 The Alternate Payee shull be entitled to a pro rata share of any enrly retirement subsidy (including any tempornry or supplemental benefits) provided under the Plnn to the Pnrticipant on the date of his retirement, and in the e\'ent the Alternnte Payee has already commenced her share of the benefits on the dnte of the Pnrticipnnt's retirement, then the nmounts payable to the Alternate Payee shall be recnlculnted in nccordnnce with the Plan Administrator's pructices nnd the Plan's actunrinl principles in ordel' to pl'llvide the Alternate Pnyee with the pro rutn share of such early retirement subsidy, Such pro mtn share shull be cnlculnted in the snme mnnner ns the Alternnte I'nyee's share ofthc Pnrticipnnt's retirement bencfits is calculated pursuant to Section 7 of this Order. 9, In the event the Pnrticipnnt predeccases the Alternnte Payee, and neither the Participant nor the Alternate Payee hns commenced their benefits under the Plan, the Alternate Payee shall be designated as the surviving spouse of the Partici pant for the purposes of establishing the Alternate Payec's entitlement to receipt of her proportionate share of the preretirement survivor annuity as set forth herein, For purposes of determining the eligibility for such surviving spouse benefit, the Alternate Payee and the Participant havc satisfied the one (1) year marriage requirement as enumerated in Codc **401(a)(11) and 417(d) and as may be required under the provisions of the Plan. Alternate Payee's share of any preretirement survivor nnnuity shall be calculated according to the formula as sct forth in Section 7. In the event that the costs associated with providing the Alternate Payee's share of the preretiremcnt survivor annuity benefit are not fully subsidized by the Participant's employer, the Participant must make an affirmative election for such preretirement survivor annuity benefit coverage in a timely manner and in accordance with the Plan's election procedures, Further, if the Plan provides for any death benefit in excess of a qualified preretirement survivor annuity, the Alternate Payee shall be designated as the beneficiary with respect to the Alternate Payee's share of the excess death benefit payable. 10, If Alternate Payee predeceases Participant before her benefit commencement date, her assigned share of the benefits shall revert to the Participant, but only to extent permitted under the terms of the Plan. Should the Alternate Payee predecease the Participant after her benefit commencement date, then such remaining benefits, if any, will be paid in accordance with the form of benefit elected by such Alternate Payee, 11. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that arc afforded to active participants. l2. All payments made pursuant to this order shull be conditioncd on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may rensonnbly require from such pnrties, including the information the Plan Administrator requircs to muke thc necessnry culculntion of the benefit amounts contained herein. 13. It is the intcntion of the pnrties thut this Order continue to quulify us u Qono under Code *414(p), as it may be umendcd from time to time,und thnt the Plnn Administrntor shnll .. QORO Page 4 reserve the right to reconfirm the qualified stntus of the order at the time benefits become payable hereunder, 14. In the event that the Plnn inndverlenlly pn~'s 10 the Participant any benefits thnt nre assigned to the Alternute Payee pursunnt to the terms of this order. the Pnrticipnnt shull immediately reimburse the Alternnte Payee to the extent thnt he hns received such benefit payments and shull forthwith pny such amount so received directly to the Alternnte Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays 10 the Alternate Puyee any benefits that arc assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participnnt to the extent that she hus received such benefit payments and shall forthwith puy such amount so received directly to the Purticipant within ten (10) days of receipt. 15. The Participant shall not tuke any uctions, affirmative or otherwise, that can circumvent the terms and provisions of this QORO, or that could diminish or extinguish the rights and entitlements of the Alternate Puyee as set forth herein, Should the Participant take any action or inaction to the detriment of the Alternute Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder, 16. In the event that the Purticipunt's benefits, or uny portion thereof, become payable to the Participant as u result of Plun termination or partial Plun termination, then the Alternate Puyee shall be entitled to commence her benefits immediately in accordance with the terms of this QORO and in accordance with the termination procedures of the Plan and the Pension Benefit Guaranty Corporation ("PBGC"), Further, should the Participant's benefits be reduced as a result of such termination or purtial terminntion, then the amounts otherwise payable to the Alternate Payee under this QORO shall be reduced to the same extent and in the same ratio as the Participunt's benefits arc reduced. 17, After payment of the amount required by this QORO, the Alternate Payee shall have no further c1nim against the Participunt's interest in the Plan or the Plnn. 18. The Alternute Pnyee assumes sole responsibility for the tax consequences of the distribution under this QORO. 19. This QORO docs not require the Plan to provide any type or form of benefit the Plan docs not otherwise provide. 20. This QORO docs not require the Plnn to provide increased benefits determined on the basis of actuarial value. 21. This QORO docs not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relntions order requires the PI un to pay to another alternate payee. 22. The Plan Administrator promptly shall notify the Pnrticipant and the Alternate Puyee (lfthe receipt of this QOHO nnd shall notify the Purticipuntand the Alternnte Puyee of the Plan's [':L~L'~:J~r~CE O~ 'rul '0: \:C:-,'C:" ':-"1':<" r II il:. ",_". _,.J"\] " \ .1 2ens t.PR 21 Pi\ 2: ll3 C'l"" :", ..' " '~.("" \...i.~ . d ' .... '.' ~,~J." I , i:ci..-.~j'{;::H,"";\'\ rJ; ::J "