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Home My WebLink About97-04787 ,1 !Ii II ,I I I ; , , iI, I , I, Ii " II.. " , , ,,', 'i I , , " " I, " " " s " , I , , I' " I ,I , , \j " 'il , , " ,I , I' ~ '( , I. () ~ " I_t " ,I " I J ,! , , '!I I' , i 'i" 'r' "1;, ,,' I' " d " ," i I', " I, "l, ,:, ,I,' l".',i d I' ,'.-' I' " I " '1 i,1 , , ,Ill !i ,;, , " J, , ' h, ,I ,,' ',' ',I. I , I, " " ;\ I','" " " " 1 I , " " '!' " 'I 1\,,"1 ,i';,I' III I 'I, '\1,1" :1' I. " , , , , " " " " , " , t'-. ~ "~I I " , I' " " ~ '" (.., ..ijl ,',. t,,,: 1 " II ,.' ., .- ..' . ,'1 'I c"': , , ,.1.. f,;. " "I , I" LI t. .' J"'" I ili! LI I '"'., I..; ) (;\ I ) r.n < ~ 0-7 "" Z 0-7 ~ !~ 0 H ~ :>: :> .... :>: H .... ~~ ~ 0 . t..l .... ~ t..l ~ '... p~ I'd II ..... +J 8'g ~ r.L Z ao l: Co::O r. .'... III ~ ! 0 ..,. ZI1l r.n.... ~ E-' t..l ,~ I <--< o<J:lIl ~ j!:o." ~ H ..... ~~ (;1" :Ec. j:.J ~ ~" ::0 Q ~ C" Po: 0 r.n 0 - '" ~ C f, .. ~; "... - ~ (J .,; :> >:1 (; ~ p.:j 0-7 ,., <lid ~ . p.:j S~ "1 O~ :>< H . r.n "" (Y. (Y. :r: "-1 rt; 0 ." :> H f'.l t!l ~" E-< ~ a; ..1 "" ..: ~~ ,,,' ..: Ix! 0 ~ p "' C C. (Y. H t..l p, Z H P. "" . . ". .' .. I. ~EPARATlON. It sholl be lowfulll)r eoeh porty, otolltlmes hereofler, to live scporotc ond oport l'rolllthe other, at such plm:e or places as he or she Illay, from time to time, choose or deem lit. Each party shall be free thlln interference. authority or conhu;t by the other, as fully as ifhe or she were single and unmarried. except as may be necessary to carry out the provisions of this Agreemcnt. Neither party shallmo\cst the other or attempt to endeavor to molcstthe other, nor compel the other to cohabit with the other, or in any way harass or malign the other. nor in any woy interfere with the peaceful existence, separate and apart from the other, Should a Decree, Judgment. or Order of separation or divorce be obtained by either of the parties in this or any other state. country or jurisdiction, each of the parties hereby consents and agrees that this Agrecment and all of its covenants shall not be affected in any way by any such separation or divorcc; and that nothing in any such Decree, Judgment. Order or further modilication or revision thereof shall alter, amend or vary any term of this Agreement. whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto, that this Agreement shall survive and shall not be merged into any Decree, Judgment, or Order -3- of divorce or scpllrlllloll, It Is speclllclllly Ilgreed however, thllt Il copy of this Agreement or the substllnce of the provisions thereof, mllY be incorporllted by reference into Ilny Order of divorce. Judgment. or Dccree, This incorporlltion, however, shall not be regllrded IlS Ilmcrger, it being the sped lie intent of the parties to permit this Agreement to survivc Ilny Judgment and be forever binding Ilnd conclusive upon the Pllrties, 2, .E.EEEcrIYE...J The ellective dllte of this Agreement shnll be the "date of execution" or "execution date", defined IlS the dllte upon which it is executed by the pw1ies if they have each cxecuted the Agreement on the same date, Otherwise, 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, 3, Mll'fUAL J{f;LEASES. Husband and wile do hereby mutually remise, release. quit~c1aim or forever discharge the other and estate of sueh other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or -4- against the estate of such uther, ur whatever nature and wherever situate. which he or she now has ur lit any tillle herealler may hllve against such uther. the elltate of such other ur any partthereuf. whether IIrising uut of IIny Ihmler IIcts, contructs. engllgements. or Iillbilitics of such other or by WilY of duwer or curtesy, of c1l1ims in the nllture of dower or curtesy. or widow's or widuwer's rights. fumily exemption or similar allowance or under the intestllte IlIws; or the ,'ight to tllke IIgainst the spouse's will; or the right to trellt II Iitetime convey"nce by the other os testamentary or 1111 other rights or II surviving spouse to pllrticipllte in 0 deceased spouse's estllte, whether arising under the United States, or any other country; or any ri~hts which either party may now hove or at any time hereafter have for the past. present, or future support or mllintenance. alimony, alimony pendente lite, counsel fees. costs or expenses, whether arising as 0 result of the marital relation or otherwise. except 011 rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or tor the breach of any provision thereof. It is the intention of husband and wile to give t,) each other. by the execution of this Agreement. a full. complete and general release with respect to any and all -5. property of any kind or nuture, reul, persolllll. or mixed, which the other now owns or may herellller IIclJuire. except. IInd only except, 1111 rights llnd llgreements and obligations of whatsoever I1llture urising or which may arise under this Agreement or tor the breach of any provision thercof. 4, OISTRlUllTION 1)A:f.L The transfer of property, funds and/or documents provided for herein shall only take plucc on the "distribution date" which shall be defined us the date of executloll of the Divorce Decrec, unless otherwise specilied herein. 5. MlJTUAL CONSE;NT/ADVICE QIt' COlINSEL. Husband and wife acknowledge and understand the terms and conditions of this Agrcement, and husband is represented by nils and Rupich and wife is represcnted by Judith A. Calkin. Esquire. Jo:ach party acknowledges that hc or she has received or has bcen given an opportunity to receive independent legal advice from counsel of his or her selection and was fully intormed as to his or her legal rights and obligations. .6. owed by the other pllrly in lln IIsset of IlIlY nature lit llny time prior to the dllte of execution of this Agreement tllllt WIIS not disclosed to the other pllrty or his or her counsel prior to the dute or the within Agreement is expressly reserved. In the cvent that either purty, ut uny time herellHer. discovers such un undisclosed asset, the parties shall hllve the right to petition the Court of Common Plclls of [)lluphin County to lll11ke equitable distribution of sllid IIssel. The non-disclosing pllrly shllll he rcsponsiblc thr pllyment of counsel tees, costs. and expenses incurred by the other party in seeking equitllble distribution of said assets, if said assets arc deemed mllrital and subject to equitable distribution by the Court of Common Pleas ofCumberlund County. 7. DEBTS AND OBLIGATIONS. Husband represents and warrants to wite that since August 15, 1998, he has not, and ill the future he will not contract or incur any dcbt or liability tor which wife or her estate might be responsible and shall indemnify and save wite harmlcss trom any and all claims or demands madc against her by reason of such debts or obligations incurred by him since thc datc of said separation, cxcept as otherwise set .8- 8.~ Ilusbund IInd Wile hcrcby acknowledgc thllt they do not own any rcal ell tate to be distributed throll~h this Agreement, und that the purties huvc previously sold their maritul rcul esllltc wilh suid proceeds totuling $43,763,29, The partics hercto agrce thut suid procceds shull be disbursed us fhllows: $10,000.00 to husblllld; $30,458,85 to wile; and $3.304.44 to NML Policy 101ln. 9. lERSONAI. I)R()JIEI~T\'. Except as set forth hereto, husbund llnd wife have llgrced that their personal properly hilS been divided to the Pllrties' mutual slltisfaction llnd neither party will make any claims to the propcrty possessed hy the other. except as set torth hereto: See Exhibit "A" attached hereto. selling tilrlh thc distrihlltion of fumitllrc. In addition to Exhihit "A" ulluchcd hercto. husband IInd wife hereby agree that wifc Shllll rClain thc proceeds from the sale of the jointly owncd boat in the amount of $5,817.24. and the Members First Investment Savings Account in the amount 01'$8,408.22, as well as witc's Mcmbcrs First Rcgular Savings Account in the -10- 10, Husband and wife hercby ucknowledgc Ihut both husbllnd and wile hove pensions, retirements, IRA's and 40 I K's. Husband und Wife hereby agree that Wife Shllll rclllin the ti.lllowing uccounts: Wile's 40 I K, Wile's llighmllrk Retirement, Wife's Scudder IRA. Wile's [)lluphin Deposit IRA lInd Wife's Valic Account (Americlln Gcneral). Ilusbllnd and Wife hereby ugrce that Ilusband shall retain the following uecounts: Husbllnd's CBC Retiremcnl. Husband llnd wife hcreby agrec that Wite shall rcceive the sum of $35,007.10 from Husband's 40 I K, which shall be disburscd via a QDRO, as preparcd by Wife's attorney wld in compliance with the requiremcnts of thc Plan Administrator. Wife hereby acknowledges Ihat said amount shall bc paid to her in one lump sum payment, and that it is her intention to roll said amount over into another qualified plan in her namc alone. However, wile hereby acknowledgcs that she is awarc that any tax implications or l:OSt~ tllr the disbursement from II usband' s 40 I K shall bc borne by her solely. .13. Husband and wile hereby agree to execute 1111 docllments necessary to ellectUllte the trllnslers liS set ti>rlh herein, I lusbllnd IInd wile hercby IIcknowledgc that the IImounls set 'i>rlh liS to the VII lues of their IIssets. werc llgreed upon liS the vlIlues liS of August 15. 199/l. llnd they IIcknowledge tl1llt sliid vlilues lind amounts mllY differ at the time of IIClUlll distribution, II. W AIVEI~ 0... RIGIITS. The Plirties hercto fully understand their rights under alld pursuant to the Divorce Code, ActoI' 19/10. No. 19/10-26, liS llmended FebnJury 12, 1998, particularly the provisions lor lllimony pcndente lite. spollslll support, equitable distribution of marital property. ullonlcys Ices, and cxpenses. Both parties agrce that this Agreement shall conclusively providc filr the distribution of property under the slIid law and the parties hereby waivc. rclease and tilrcver relinquish any furthcr rights thcy may respectively have against the other fi.lr alimony, alimony pcndente lite, spousal support, equitable distribution of marital propcrty, attonleys tces, and expenses. except as set tor!h hercill. -14- ' 12, ~t:(W(,I.AIM~ Except as otherwise slllted in this Agreemcllt, hushlllld llnd wile cllch do hcrcby mutulllly rcmise. releuse. l(uitchlim und filrcver dischurge thc other, ti.lr all time to COllle, und liJr nil purposes whntsoever, of nnd fl'lllll nny und nil rights. f.itle llnd interests. or clnims in or ugninst the pl'llperty <including income nnd guin from the property hcrenlkr nccruing) of the other OJ' nguinsf. the cst ute or euch other. of whlltever nature nnd wheresoevcr sitllnte. which he or she now has or nt llny time bercaHer may have: speciticully including uny rights which either party mllY hllVC or at any time hereafter have 1'01' past. presenl. or future spousal support. or maintenllncc, alimony, alimony pendente lite, spousul support. equitahle distrihution of marital properly, attomeys fees, costs or expenses. whether arising liS a result of the marital relation or otherwise, l~xcept as set fhrth herein. It is the intention of the hushand and wile to give to each other by the execution of this Agreement, a full, complete, and general release with respcct 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 cxcept all rights and agreemcnts and obligations of whatsoever naturc arising or which may arise undcr this Agrcement or -15- lOA N, GORMAN, Pllllntlll' IN THE COURT OF COMMON PLEAS CUMBERI.AND COUNTY, PI':NNSYI.VANI^ Vs, NO, 97- 4787 Civil PHILIP THOMAS GORMAN, Oetendant IN DIVORCE l'I~Al<:CIPE TO TI~ANSM1T IU~COlW TO THE PROTIIONOTARY: Trunsmit the Rccord. together with the Ii.lllowing inli.lmllltion, to the Court for entry of II divorce deercc: I. Ground fi.lr divorce: Irretricvahly hroken under Section (XX) 330 I (c) or ( ) 330 I (d) of the Divorce Codc. (Check applicahle scetion) 2. Date and manner of service or the Complaint: Acceptance of Service by Oetendant on Scptemhcr ,1997. 3. [Complete cither Paragraph (a) or (h).] (II) Date of execution of Affidavit of Consent required by Section 3301(c) ofthc Divorce Code hy Plaintiff Decemher 17, 1999; by Detendant December 18,1999. (b) Date of execution of Plaintiffs affidavit requircd hy S~~ction 330 I (d) of the Divorcc Code: N/ A date of scrvice of Plaintiffs affidavit upon Defendant: N/ A. 4. Date of service of Notice or Intent to Finalize under Section 330 I (d) of the Divorce Code: N/A. Date of tiling of Waiver of Notice of Intcnt to Finalize by Plaintiff: Simultaneously hcrewith ; hy Defendant: Simultancously herewith. " ., " ./ , , , . ,.. .Ic...X) \\.J . Ger (Y"Ie, (\ Pl/lintiU '. tIN 'lWE COUR2' OF COMMON PJ:,EIlS OF lCUMJJBlI.L/l.ND COUNTY, l'ENNSYIWANIIl , 'CIVIL /l.C2'ION - Itllf.,. :NO. '-\1 ~'-1 CIVIL 19Q, ,CU,S2'OlJY I VI 5[:7'11 '1' ION V ,.. pf1\ II P T. Cor rnClr"l Defendant ORDER OF COURT' AND NOr.,., tllis (date) '//(1/ rn , upon concideraUon of tile attaclled complaint, it is Ilereby di~-ectcd tllat tile parties and tlleir respective councel appear befo.. re .I) Iv JI \ \)' '" 1'\<-\( ~'-/} l: .\CI,. , tIle conciliator, at . ,;),cI \,.,J 1'~\nl."I ''\\ ,\\e'\:il;'I( \.h\_t-:hf:"A on the I day of ( ',c \ ,:k,C' (- I 19\{-) , at II', 00 A, M., for a Prelloaring Custody CorJfercmce. lit sucll conference, an offort will be made to recolve the issues in dispute; or if this cannot be accomplislled, to define and narrow tile i.ssues to be heard 'by tile court, and to enter into a temporary order. Either party may bring tile cllild who is the subject of this custody action to the conference, but the child/children's attendance is not mandatory. Failure to appear at the confererJce . may provide grounds for entry of a tempqrary or permanent order. FOR THE COURT: By: ,.::No I 111\. Y\. ~lJlV'b.~f~. Custody Conciliator ( (~) YOU SHOULD TAKE THIS PJl.PER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW '1'0 FIND OUT WHERE YOU CAN GET LEGAL HELP. OFFICE OF THE COrmT ADMINISTRATOR COURTHOUSE, FOURTH FLOOR CARLISLE PA 17013 (717) 240-6200 ~ C} E::; <" 'J, r~ ~ ': n L') ~., .", ~ri (i.: ):' , ~l " I ,; ~::! r." ~:/ ,:J' -1..1 ~~~~"l I '1:" eJ II': r:~ U IJ fl. t I ~ r.J.. , - (,',1 " ~. u. r- 'J (.) (l' () ~ " ., ~ ... ~I ~, '" ~ ~\O t;., ~ ~ ~ .. ~ II ''i:) ~ p , - ~ -.::::t ~c.o - ......... ... ~ '" (~ \)(:) ~~~ " . " ,I , . I., , , " , , i . . - 'tI ., , . -. , ... , ,. " . ~" , , ,.. . .' " ", " , . " , . " . \1 " , , Ii I,) I,", I, ":1.. "I fA , , "I h; ">. I , l,~ , ;': 1;-; II,tl'-' .. 1'\ .. _. I. I '}:,; ( ' :1': , i: ~.'.. !:)i:;j ( . , .,.. r:) <:::I '(j "i." ('I IJ!!) I t.l. . r.~: I"~ /' ;" I fJ LJ , II.. 'I cJ\ :~i '~_H , (;..... (;) I,j ,. ., , :/' I " " '.' " ': tJ I' i"; I.i I; q, I, . I " .' ;! ",.~ "'I .,., "j; rr; l,I";1 1:+: ; j; .,,~ .. . .~q' " " , ~.. 11 ; f J , 'J i;:~ t. ~. j ; f '.J i<~ ,-1, '.":J 1';') ""'I :ii'-: I 111' "I "'I (,.1 !'V0 !.J ~ ,.J , ~. i l..:: :.1' " rl"l :1 1", (:J C" t.'..) " I, " II , I I " 1 I \1 I I, " 1;; ~i ,.. f.;~ h r? ~~ , I' , .: ~u, . ~,r,: :t' ~ , J , tl., 1 :j "' t"" q.'J ,',;';-; J.I. '1',' ". oJ- I I~J~ .r;. Iou ;Jj1l1 1..) (.'.I.L.. f- c;, a ~ !;; ,... ~ " I " ii I' I , I 'I . ;...: -. I I " ,I I, , , ,I " i' 'i 'I ., I I I, 1",' , I " ,I ,~ .... ~I'I I'I 1!1~11 IDA N. ClOOMAN , I IN TH~ COURT OF COMMON PLEAS OF l>laintiff I CUMa~LANO ~fY, PENNSYLVANIA I VII. I NO. 97-4787 CIVIL 'fERM I l>HILIP T. ClOIlMAN , I CIVIL ACTION - LAW Defendant I IN CUSTODY QlDBR 01 <XlmT AND tuf, thill 7th day of October, 1997, the COncH iator, being advilled by Plaintiff'a counsel that all cuatody issues have been resolved by agreement'ot the parties, hereby relinquishes jurisdiction in this case. {k~,~~ wn s. Sun y, qu . CUstody conciliator 1 1 "h In II:" r.i' \,,; .. III' .;, .1 l..i "., II t , 1 (,:, ,J. , I ." I, ~, (, I. , " <. ! Ij L' ill... " /'~ ; , 0' 0 " ", , ' ., , , @ fr. .~ ,,, I," /\ ~. r=' /1,1' ..,11 ("\: r. L.~ I . I' 1./.. 1.:) IU i,I'; .. ~. - '.. f. ., fl. _ S 'J ..~ .. ,:' .' I :1 ,~~ . .r,'} .11(/) '_'.10'" a .. I (..' ~, , '-' r- /J' , I ., , , ., , , " , , , " ,; . , ' , , " ')" ~i I,) ..:::. 11 . I ... I. '1 ~ F 1 ., ., . , ". :, UEC 11 1997 _lj I,; 'I "'- Ii"" ~. " tr:, I,; r" ...;1 "(1 I- , 1',0 " ' r,' \(\1 t/,l ; , i 1 _. ,_,~ f)-- I ~ ("'-I. .. '-,' hl~j ,;/1 , . -.~. l )', " i I", I j " n. , '" Ll, l.. 1/\. I V) f!~ ., ~l -.11 " 'r .j I.S H i'" , Ii Ii, , ., - , , I' oo! ~~ ~~ zffi ~p, u ~ ' 8 . ,... Ie II '" I t?~ '" ~ ~ ... ~~~ ~ f ... ..... ... f-<8 .... . '0 ...I<~~IJ 15 I> i~ ~j .... r 8~ u ~ .~ ~ ~ 8 .:: I ,... Er~ ,- oa .:: ~~ G ,... ~ a~ ~~ .... , z ~ Cl 0" . a ~ f ~u ~ ~ ~ ~ _,-"i " I I I , ,I , I , , , \, ., ,) " ,Il ,." jJ I I , ~ ' I,' I ", , , I ,) '", ;, ',/1 ,~ ;r I " i' If' . ' . , VB, IN THB COURT OF COMMON PLBAB CUMBBRLAND COUNTY, PBNNA No. 4787 Civil 1997 CIVIL ACTION-LAW IDA N. GORMAN, Plaintiff/Petitoner PHILIP THOMAS GORMAN, Defendant/ReBpondent QUALI'I.D DOM3STIC ~LATIONS ORD.a THIS CAUSB coming on to be heard for the purpoBe of entry of a Qualitied DomeBtic RelationB Order as defined in 26 U.S.C, Section 414(p) and 29 U,S.C. Section 1056(d) (3) I the court on December 23, 1999 having entered a judgment of this court relating to the provisions of Marital Property Rights of a spouBe of the Participant I THB COURT FINDS AND IT IS HBRBBY ORDBRED AS FOLLOWSt A. For purposes of this Order, the "Participant" is PHILIP THOMAS GORMAN who is an employee of Capital Blue Crossl the "Alternate Payee" is IDA N. GORMAN I the "Program" to which thiB Order applies is the 401 (K). B, On December 23, 1999 , this Court entered a divorce decree pursuant to the PennBylvania Divorce Code. This Order relates to the provisions of Marital Property Rights of IDA N, GORMAN, an Alternate Payee, who is the former spouse of PHILIP THOMAS GORMAN who is a Participant in the Program to which this Order applies. C. The name and last known mailing address of the Participant 2~,Yj- /llf >:;((;1'/1<" dJV]'. is PHILIP THOMAS GORMAN, 550 RQIi8\;uv.l h4r1e, HarriSburg, PA 1711t), The date of birth of the Participant is June 12, 1950 and his Social Security Number is 195-38-8136, D. The name and last known address of the Alternate payee is IDA N. GORMAN, 621 Park Avenue, New Cumberland, PA 17070. The date of birth of the Alternate Payee is December 7, 1949 and her Social Security Number is 184-38-2755. B. Pursuant to the divorce decree entered on December 23, 1999, the Alternate Payee shall receive a retirement benefit from the Program in the amount of the lesser of (1) or (2) where (1) and (2) are the amounts set forth belowl (1) The amount of the Participant's vested Account balance on the date of distribution, less the total outstanding balance of any participant loans under the Program on such date. (2) The amount described belowl (a) $35,007,10 payable out of the Participant's vested Account balance. F. The amount set forth in E. (2) above, shall be credited or debited with any earnings, losses, and investment management and/or admi.nistrative fees from December 23, 1999, to the date of distribution which are attributable to such amount. G. The amount to be paid hereunder shall be paid to the Alternate Payee in any form or forms of payment available under the program, as elected by the Alternate Payee. H. The amount to be paid to the Alterante Payee hereunder shall commence to be paid to her as soon as administratively feasible following the acceptance of the Order as a Qualified Domestic Relations Order by the Program administrator. I. Nothing in this Order: (1) requires the Program to provide any type or form of benefit, or option, not otherwise provided in the Program; (2) requires the Program to provide increased benefits (determined on the basis of actuarial value), and (3) requires the payment of benefits to the Alternat.e payee which are required to be paid to another alternatt! payee under another order previously determined to be a qualified domestic relations order. J. Both the Participant and the Alternate Payee shall have the duty to notify the administrator of the Program in writing of any change in his or her respective mailing addresses subsequent to the entry of this Order. K. It is intended by the parties that this Order will qualify and be determined to be a qualified domestic relations order as defined in Section 414(p) of the Internal Revenue Code of 1986 and Section 206 (d) (3) of the Enlployee Retirement Income Security Act of 1974 (ERISA). L. The Court retains jurisdiction to establish or maintain this order as an qualified domestic relations order, provided, however, no amendment of this Order shall contain a requirement ~ \ with respect to the Plan of a type described in paragraph (1), (2) J\~ or (3) above, _ ~ ~ ,",' \ 0 D'TBD thi, d~ day of J"",- .. l~\/)~ I LU~(j~tl ~ o . (gPdge b Ap roved as ( ~~1Z::tIG / Attorney I Judith A. to. fir and content: . ',1/ J rL-U-",--. or petitioner Calkin, Esquire ~ ~~ zffi ~ ~. U[o' ~<l l; ow ....8 8~ ~~ ~~ ,"",,' " ., , I, 0/' .i I I , I r- '" '" ~ ,. .', .-. .... ~ .... U r- CX) r- '" , ~ .... ~ ~~ 8~ , z < l:l " " " '1 ! II 'j! , ~ . ii II e:t ~ " I' I, lJl ~ ~ U .... I-<~ i~ ~ ~ . " 'II ~ ~e~ ..J .. ~!< ,~~;~ I ij ~ ~@~ ~ E ~~\! ~ ~ <Hi ~ " , 'il I , , , I ,I , , ,0 I , " I ,. . 1\ . . , " , I 'I' '1,t'l. , ,1.<, I II ", ,I / I B I , . I, , , D, 'rhe name and hat known addreaa of the Alternate payee ill IDA N, GORMAN, 621 Park Avenue, New Cumbel'land, PA 17070, The date of birth of the Alternate Payee ia December 7, 1949 and her Bocial Security Number ill 184-38-2755. 8. purauant to the divorce decree entered on December 23, 1999, the Alternate Payee allall receive a retirement benefit from the Program in the amount of the le,saer of (1) or (2) where (1) and (2) are the amounta Bet forth belowl (1) The amount of the Participant' a veated Account balance on the date of diutribution, leaa the total outatanding balance of any participant loans under the Program on auch date. (2) The amount described belowl (a) ~35,007,10 payable out of the Participant's veated Account balance. The Alternate Payee' a interest shall be taken proportionately from each contribution account and each investment fund (other than a loan fund) maintained by the Plan on the Participant's behalf. F. The amount set forth in B. (2) above, shall be credited or debited with any earnings, loaaea, and expenaell from December 23. 1999 to the valuation date relating to the date on which auch amounts are diatributed. G. Th.e amount to be paid hereunder ahall be paid to the Alternate Payee in any form or forma of. payment available under the Program, all elected by the Alternate Payee. H. The amount to be paid to the Alterante Payee hereunder shall commence to be paid to her aa Boon aa adminiatratively feasible following the acceptance of the Order as a Qualified Domestic Relations Order by the Program administrator, I. Nothing in this Ordert (1) requires the Program to provide any type or form of benefit, or option, not otherwise provided ill the Program, (2) requires the Program to provide increased benefits (deternlined on the basis of actuarial value), and (3) requires the payment of benefits to the Alternate Payee which are required to be paid to anothel:' altel:'nate payee under another order previously determined to be a qualif.ied domestic I:'elations order. J. Both the Participant and the Alternate Payee shall have the duty to notify the administrator of the Program in writing of any change in his or her rospective mailing addresses subsequent to the entl:'Y of this Order. K. It is intended by the parties that this Ol:'der will qualify and be determined to be a qualified domestic relations order as defined in Section 414(p) of the Internal Revenue Code of 1986 and Section 206(d) (3) of the Employee Retirement Income Security Act of 1974 (BRISA), L. The Court retains jurisdiction to establish or maintain this order as an qualified domestic relations order, provided, however, no amendment of this Order shall contain a requireme~t