HomeMy WebLinkAbout97-05774
~
o
..,
:2
~
--j
t
"2
o
.,
~
-C
o
J
/i
"
"
I
;-...
,
,::l
-
~
~
~ "
to....
'<)
,
t'"
~'
.
~
~
~
a
"
~
~
8
.
~
-----~~.._-, ---., ".
7..:- ... ~ ->>:. '.' . :.> '~.' .:.t;. .>>:. .:.:. .:iI>:. .:.:. .:.:-
~
"
~
~
.,
..
~
~l
~
"
~
~
~
~
S
8
8
..
...
..
~
':+:. -:.;. :- .:.:. ':+:-.':';' .:+:. .:.> -:+:. -:<<. ... <Co 11
, , ..'.. '.._00 ,-' -, '-,..,-..'..-18
8
8
8
~
8
8
8
8
8
8
8
8
8
*
8
!.
8
8
~
8
8
~~,~~.~.~~-_._~~..~..**.~.~.~
~ .~_..___~_.'__ ,_,,,,,___,, '___'v__ ',_' _,_." ,
~
~;
IN THE COURT OF COMMON
PLEAS
~i
'I
~1
~
~
OF CUMBERLAND
~'
STATE OF r:.~~
'~~~~'
COUNTY
PENNA,
WI
~
~
~
..
~
A, KATHLEEN JOHNSON.
Pl"intiff
1\ (),
97-5774
~
..
~,
Vl'l.:ill....
~
.,
THOMAS W. JOHNSON. SR..
..
~
Defendant
DECREE IN
DIVORCE
AND NOW, ' , ,~~,. ".l':'\, ", '. lrA,(." it is ordered and
decreed that, " , , .. ' , ,A. ,I;ATIlLEEti.JOHNSOt:l, " , , , , ,., , " ,.. , "', plaintiff,
and, , , , , , , , , , , , , , , , , , , :r,H!J~S, W,o, JOHNSON,., ,S,R",., , , , , , , , , , " , , " defendant.
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which hove
been raised of record in this action for which 0 final order has not yet
been entered; NONE
This Agreement of February 13, 1998 is hereby incorporated into the
o. ........ .........,....... ...........,. " ...... ........ ..... ..... .... .....
Prothonotary
./
~
8
a
"
~
.'
~
8
~
~
I:
(~
I,:'
\~
,
I~
~
(..,
~~
J, *
'~
.~
~
~
.~*.~~..*.~~..~~.~..~*~~.***
0( ,;r;.tJ5' J"" .,~ '1'.~ -s 4 ~
~ 11/;" 7'flh /#C~ ~ 4 r~
AGREEJ\U:NT
'fA..
TillS AGREEMENT, made this 11- day of F:.6-u-UI-tL-r-' 1998 by and
between THOMAS W. JOHNSON, SR" (hereinafter referred to as "Husband") of Cumberland
County, Pennsylvania, and A. KATHLEEN JOHNSON (hereinafter referred to as "Wife") of
Cumberland County, Pennsylvania,
WHEREAS, Husband and Wife were lawfully married on December 12, 1970 in
Cumberland County, Pennsylvania, and;
WHEREAS, two children were born of this marriage, both of whom are adults;
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between
the parties and it is the intention of Wife and Husband 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 sellling of all mailers between them relating to the ownership and equitable
distribution of real and personal property; sellling of all matters between them relating to the
past, present and future support, and alimony, and in general, the settling of any and all claims by
one against the other or against their respective estates,
NOW, THEREFORE, in consideration the premises and of the mutual promises,
covenants and undertakings hereinafter set forth hereby acknowledged by each of the parties
hereto, Wife and Husband, each intending to be legally bound, hereby covenant and agree as
follows:
1. SEPARATION, 11 shall be lawful for each party at all times hereafter to
live separate and apart from the other party at such place as he or she may from time to time
chose or deem fit, The foregoing provisions shall not be taken as an admission on the party of
the lawfulness or unlawfulness of the causes leading to their living apart,
2. INTERFERENCE. Each party shall be free from interference. authority,
and contact 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 Agreement. Neither party shall molest the other or
allemptto endeavor to molest the other, nor compelthc other to cohabit with the other, or in lIIIY
way harass or malign the other, nor in any way interfere with their peaceful existence, separate
and apart,
3. SUBSEOUENT DIVORCE. The parties hereby acknowledge that Wife
has liIed a Complaint in Divorce in Cumberland County to docket number 97-5774 Civil 1997
claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of
Section 3301(c) of the Pennsylvania Divorce Code, Husband hereby expresses his agreement
that the marriage is irretrievably brokcn and expresses his intent to execute any and all affidavits
or other documents necessary for the parties to obtain an absolute divorce pursuant to Section (c)
of the Divorce Code at the earliest appropriate time, The parties hereby waive all rights to
request court-ordered counseling under the Divorce Code, 11 is further specifically understood
and agreed by the parties that the provisions of this Agreement as to equitable distribution of
property of the parties are accepted by each party as a final selllement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code,
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 Agreement and all of its covenants shall be not affected in any way
by any such separation or divorce; and that nothing in any such decree, judgment, order or
2
furthcr modification or rcvision thercofshall alter. amcnd or vary any tcmlS of this Agreement,
whether or not either or both of the parties shall remarry, 11 is specifically agreed, that a copy of
this Agreement or the substance of the provisions thereof. may be incorporated by reference into
any divorce, judgment or decree, 11 is the specific intent of the parties to permit this Agreement
to survive any judgment and to be forever binding and conclusive upon the parties,
4, DATE OF EXECUTION, The "date of execution" or "execution date"
of this Agrcemcnt shall be defined as thc date upon which it is executed by the parties jfthey
have each executed the Agrecment on the same date, Otherwise, the "date of execution" or
"execution date" of this Agreement shall be dcfined as the date of execution by the party last
executing this Agreement.
5. 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 specified herein,
6, MUTUAL RELEASE, 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. of and from any and all rights. title and interests, or
claims in or against the propel1y (including income and gain from property hereafter accruing) of
the other or against the estate of such other, of whatever nature and wheresoever situated, which
he or she now has or at any time hercafter may have againstthc other, the estate of such other or
any party thereof, whether arising out of any former acts, contracts, engagements or liabilities of
such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's
or widower's rights, family exemption or similar allowance, or under the intestatc laws, or the
right to take against the spouse's will; or the right to trcat a lifetime conveyance by the other as
3
testamentary, or all other rights ofa survi\'ing spouse to participate in a deceases spouse's estate,
whether arising under the laws of (a) Pennsylvania. (b) any State, Commonwealth or territory of
the United States, or (c) any country, or any rights which either party may have or at any time
,
~
hereafter shall have for past, present or future support or maintenance, alimony, alimony
pendente 1i1l:, counsel fees, property division, costs or expenses, whether arising as a result of the
marital relations or otherwise, except, all rights and agreements and obligations of whatsoever
nature arisillg or which may arise under this Agreement or for the breach of any provisions
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 provision thereof. It is further agreed
that this Agreement shall be and constitute a full and final resolution of any and all claims which
each of the parties may have against the other for equitable division of property, alimony,
counsel fees and expenses, alimony oendente 1i1l: or any other claims pursuant to the
Pennsylvania Divorce Code or the divorce laws of any other jurisdiction,
7, WAIVER OF BENEFICIARY DESIGNATIONS. Except as otherwise
specifically set forth in paragraph S(e) of this Agreement, each party hereto specifically waives
any and all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary
designation which belongs to the other party under the terms of this Agreement, including. but
not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans.
life insurance policies, annuities, stock accounts, bank accounts, final paychecks or any other
post-death distribution scheme, and each party expressly states that it is his and her intention to
4
revoke by the temlS of this Agreement any beneficiary designations naming the other which arc
in effect as of the date of execution of this Agreement. Ifand in the event the other party
continues to be named as a beneficiary and no altemate beneficiary is otherwise designated, the
beneficiary shall be deemed to be the estate of the deceased party,
8. ADVICE OF COUNSEL. This Agreement has been prepared by
JUDITH A, CALKIN, ESQUIRE, counsel for Wife. Husband is represented by DONALD T.
KISSINGER, ESQUIRE.
Husband and Wife accept that this Agreement is, in the circumstances, fair
and equitable and that it is being entered into freely and voluntarily 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. The parties further acknowledge that
they have each made to the other a full accounting of their respective assets, estate, liabilities,
and sources of income and that they waive any specific enumeration thereof for the purpose of
this Agreement. Each party agrees that he and she shall not at any future time raise as a defense
or otherwise the lack of such disclosure in any legal proceeding, involving this Agreement, with
the exception of disclosure that may have been fraudulently withheld.
9. WARRANTY AS TO EXISTING OBLIGATIONS. Each party
represents that they have not heretofore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be responsible or liable except as may be
provided for in this Agreement. Each party agrees to indemni fy and hold the other party
harmless for and against any and all such debts, liabilities or obligations of every kind which
may have heretofore been incurred by them, including those for necessities, except for the
obligations arising out of this Agreement.
5
10. WARRANTY AS TO FUTURE OBI.IGATIONS. Wife and Husband
each covenant. warrant, represent and agrce that with the execption of obligations set forth in this
Agreement, neither of them shall hercafter incur any liability whatsoever for which the estate of
the other may be liable. Each party shall indemnify and hold harmless the othcr party for and
against any and all debts, charges and liabilitics incurrcd by the other after the exceution date of
this Agreement, except as may be otherwise specifically provided for by the temlS of this
Agreement.
II. PERSONAL PROPERTY. The parties hereto have divided between
themselves, to their mutual satisfaction, all items of personal property. Those items listed in
Exhibit "An shall be the sole and separate property of Wife, The balance of the items in the
marital home shall be the sole and separate property of Husband. In the case of intangible
personal property, if any physical or written evidence of ownership, such as passbook,
checkbook, policy or certificate of insurance or other similar writing is in the possession or
control of the party, it shall be that party's sole and separate property.
12. MOTOR VEHICLES. The parties agrce that Wife shall become the sole
and exclusive owner of the 1993 Nissan, Husband agrees to transfer title to said vehicle to Wife
and Wife shall be responsible for any and all costs associated with such transfer.
13. REAL ESTATE. The parties own by the entireties a home located at 323
Stoner Road, Mechanicsburg, Cumberland County, Pennsylvania. Wife agrees to transfer all of
her right, title and interest in said property to Husband, and she agrees to execute a deed,
prepared by Husband's counsel, at the same time she signs this Agreement. Said deed will be
held by Wife's counsel until Husband completes the refinancing. Husband agrees to be solely
liable for the payment of the expenses on said home, including, but not limited to, the mortgage.
6
Husband agrees to make application to refinance the home within sixty (60) days to a mortgage
in his individual name and Husband further agrees to proceed to settlement on such refinancing
as soon as practicable. At the time of refinancing settlement, Husband agrees to pay Wife the
sum of Fifty-Two Thousand Eight Hundred Thirty-Six Dollars ($52,836) minus one.half(Y,) of
the reasonable costs of refinancing (excluding any pre-paid interest on or escrow items), an
estimate of which costs in the amount of $3,895 are attached hereto as Exhibit nBn and
incorporated herein by reference. If Husband does not make application to refinance within sixty
(60) days and proceed to settlement with diligence thereafter, the home will be placed on the
market for sale and the proceeds will be divided equally between Husband and Wife.
14. PENSIONS AND RETIREMENT PLANS. Husband waives any right
he may have in Wife's 401(k) plan through her employment at Penn National Holding
Corporation. Wife waives any right she may have in Husband's pension with Kraft General
Foods. Husband acquired a Crowley Foods, Inc. Retirement Savings Plan. Husband will
transfer to Wife one-half (Y,) of the Crowley Foods, Inc. Retirement Savings Plan value as of the
date of execution hereof, plus investments or minus investment losses earnings 011 Wife's share
from the date of execution hereof through the date of division. It is specifically intended that any
contributions made by Husband to said plan or by Husband's employer on his behalf after
execution hereof shall remain Husband's separate property. The transfer required herein shall be
accomplished pursuant to Qualified Domestic Relations Order so as to provide a rollover or
segregation to Wife with Wife remaining responsible for any and all tax consequences attaching
to her share. The parties will cooperate in executing a Qualified Domestic Relations Order
which order shall be prepared by Maureen A. Lindsay, CPC, EA of Pension Resources, Inc., with
the costs of such preparation to be equally shared.
7
15. AFTER ACOlJ/RED PERSONAL PROPERTY. Each of the parties
shall hereafter own and cnjoy, indepcndently of any claims or right of the other, all items of
personal property, tangible or intangible, hereafter acquired by him or her, with full power in him
or her to dispose of the same as fully and effcctively, in all rcspec:s and for all purposes, as
though he or she wcre unmarried.
16. APPUCAOILITY OF TAX LAW TO PROPERTY TRANSFERS.
The parties hercby agree and cxpress thcir intent that any transfer of property pursuant to this
Agrecment shall be within the scope and applicability of the Deficit Reduction Act of 1984
(herein the nACln), specifically, the provisions of sa ill Act pertaining to transfcrs of property
between spouses or former spouses. The parties agree to sign and cause to be filed any clections
or other documents required by the Intemal Rcvenue Service to rcnder the Act applicable to the
transfers set forth in this Agreement without recognition of gaiIl on sllch transfer and subject to
the curry-over basis provisions of said Act.
17. WAIVER OF ALIMONY PENDENTE UTE AND LEGAL FEES.
Each party hereby waives any right to alimony pcndcntc 1i1l:. Thc parties agrce to bc responsible
for their own aUomey's fees.
18. 1997 INCOME TAXES. The partics agrce that they shall file joint
fcderal and state income tax rctums for the 1997 tax year. The parties shall equally share any
refund associated with said retums, In the evcntthat any lax obligation exists for Gaid retums,
the parties shall equally contribute toward any such obligation.
19. FULL DISCI.OSURE. Each party asserts that she or he has made a full
and complete disclosure of allthc rcal and pcrsonal property ofwhatsoevcr nature and
wheresoever located belonging in any way to each of them, of all debts and encumbrances
S
incurred in any manner whatsoever by each ofthclll, of all sources and amounts of income
rcceived or receivable by each of the partics, and of cvery other fact rclating in any way to the
subjectmaller of this Agreement. These disclosures are part of the consideration made by each
party for entering into this Agrccment.
20. WAIVER OF AUMONY. The parties herein ackIlowledge that by this
Agreement they have respectfully seeured and maintained a substantial and adequate fund with
which to provide for themsclves sufficient financial resources to provide for their comfort,
maintenance and support, in the station of life to which they are accustomed. Wife and Husband
do hereby waive, release and give up any rights they may respectively have against the other for
alimony, spousal support or maintenance. It shall be from the execution of this Agreement the
sole responsibility of each of the respective parties to sustain themselves without seeking any
support from the other party.
21. WAIVER OR MODIFICATION TO BE IN WRITING. No
modification or waiver of any of the terms hcreof shall be valid unless in writing and signed by
both parties and no waiver of any breach or default hereunder shall be deerned a wavier of any
subsequent default of the same or similar nature.
22. 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 documents that the other party may reasonably
require for the purpose of giving full force and effect to the provisions of this Agreement.
23. APPLICABLE LAW. This Agreemcnt shall be construed in accordance
with the laws of the Commonwcalth of Pennsylvania which are in effect as of the date of
execution of this Agreement.
9
24. AGREEMENT BINDING ON HEIRS. This Agreement shall be
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
25. INTEGRATION. This Agrccment constitutes the entire understanding of
the parties and supersedes any and all prior agrcemcnts and negotiations between thcm. There
are no representatives or warranties other than those cxprcssly set forth hercin,
26. OTHER DOCUMENTATION. Wife and Husband covenant and agree
that they will forthwith execute any and all wrillen instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement.
27. NO WAIVER ON 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 perfonnance of any of the provisions of this
Agreement shall in no way affect the right of such party hereaftcr to enforce the same, nor shall
the waiver of any default or breach of any provisions hereof be construed as a waiver of any
subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver
of strict perfonnance of any other obligation herein.
28. 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
thattenn, condition, clause or provision shall be stricken from this Agreement and in all other
respects this Agreement shall bc valid and continue in full force, effect and operation. Likewise,
the failure of any party to meet her or his obligation under anyone or more of the paragraphs
10
herein, with the cxception of thc satisfaction of the conditions prccedent, shall in no way avoid or
altcr the remaining obligations of thc parties,
29. BRF.ACII. If cithcr party breaches any provisions of this Agreement, the
othcr party shall have the right, at his or her election, to sue for damages for such breach or scek
such other remedies or rclief as may bc available to him or her, and the party breaching this
contract shall be responsible for payment of reasonablc Icgal fecs and costs incurred by the othcr
in enforcing their rights under this Agrcemcnt.
30. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inscrted solely for convenience of
reference and shall not affect its meaning, construction or effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and
year first above written.
--~ ~
' >- .
. wliNE~ ~ -- -----
~O~L4
THOMAS W. 10 SON, SR.
~/~
NESS
.'
//. 0,-...1 tJ n-V <:1,L../)/l"\
A.KATHLEENJOHNSON
II
.-
~
. -,
~~
pltOpnTY o. "I F8
Baby grand piano
Parents and grandparent. pictures
Dining room set and corner cupboard with contents
TV in kitchen
up8tairs living room furniture with curio with contents
country stands in kitchen and family room
Large portrait or Amy
Johnson Brothers village dishes
1/2 or miacellaneous kitchen items
1/2 of linens
1/2 or holiday decorations
1/2 of tapes, pictures, games and similar items
-
..
.......
EXHIBIT
I
A
JAN-08-1998 13: 17
7
P.02
',,-1',1" '-: :'. ~ ,.,
--.......-.-
.~,.. tJt:.,,~
.~ lj'!f'~ ,.:~, '.'
.:, ,.c. : Good Faith Estirnate
~.' l'
. ~'.~ ,
1:," tI.
"
, '
c,:'y:,},,;
,:',~1~:,~~\ f~" ',I
;}~;:~:'
, ,'1'1).):.-
",: ~~~~l.~!
.~p ;~.-'.
~ -~:~,"~: ~\ ";
.','.\
"-":+~; I I
I.- c,t"';~
:.. ....~l': I
~ '. j
~i.i ~..:\ ,~
. .ij. '. .
';wj' I;;
'~~'iI,,~,.
~~ .. ..!'
1"'. ,r:
. . .;1rl.r.
;...t~;~j
ff~~J:;.
;~~JY'
"1"'~c, ,
;:-::.j;':,,~'..
~'''"t,'f'
.. ':!.' :.~:
." ....
...,
.:.: .
, :-...~.' ,
..~. ,~~~ i'
': ~.~ ~,
,~. .,,~.;~t<,
't:' ::.'
'~ "
" . ~
,. .
......
~"'f\j.t.:. '_~'~
/ .;
,..' ;
."':~' ,
AppUa.n&'1 H....1t.
@ Mellon Mortgage Company
ThllalonulJM"...,wM bI)...,.ftKu ..u..~ 11th. c-batt...hich J"MoIArt IUla', Y !Ilnlr.' \ht ..tllalMnl alfCMJr loaD. 'J1)f I... h.&.N a,. ..limaWl.
&hi &dual aM..... _,...,. III 1M&. Yew "anudl_ ...,_ La...a.... . I...........". u.... litw.
n.. a~beft I...... bealda lha ..o..l.M .....,.11, coneap;M&t ~ LhlalUll_l'IlIlInaa oonlalMOll i. th. HUo.l 01 HUD.I" .."lelMn' Il.I.a.manl .hkh ,-
-,u. ,..riftl., Nul.lNnl. The UUD-I., HU[}.IA ..'lI.ma....a......'" wtll.bow 1*1 1M ad~ ClOt' t., lLema paid., ..1I1.....n"
lAnd.r or Other
nlrd Pant Paid
cl
101
802
llO3
104
ITEM
lAanOrilinalianF.. ..I.. '" ~...........................
wnOl_un. J ~ 'S'"'''''''''''''''''':b''''''''''''''''
Appraiaal'H........................ .Ct..~ :..('.......
CrodillUport FH "c,,"'"'''''''''''''' "e. .0.....;:,.,..
'>.:i;.L'...
.I"','
~,1J.~,....,
f..r.rv..'.....
~l,~ht
;..~.:~.~ ;
,c'}~"
r;:t'-:
,i.,' 1. '.
!'f;~"';i" . .
~ ."r..~. I
1~ . " '.
-~~ ~c~1J! ;~: :::1 -
.' "
:. ',;~..,,". - J,
. . , -..
805 lAnd.".ln.pttUon F........................... ............
810 Tal S.nit. Fat.......... ........................ ....... ...
811 Und,rwriUn. F,. . .........................................
812
8ll
814
818
811
1101
1108
1108
1107
1108
1109
HID
Flood Otl.nninaUon/CertincaUon Fee . ........... ...........
FU. Pnp.raUon/Revltw F.. ..................... ....... ....
[)onamantICondo R.vl.. Fat... ............ ...... ...... .....
"oat.Down FttIOuannly r..
............,........
Buydown rund.... ............ ....... ..... ...... ........ ...
Stul.menl or Clo.in. r........ ...... ............ ...........
Docum.nl P"p.raUon r........ .................. ...... ....
NO...I7'M.................................................
Altom.y'. r.. ..... .... .................. ........ ..... .....
'fill. Jnlurante.............................................
lAnd.l"'.eo".r.... ......... ... ......... .
Own,,,.eo,,.ra,. ...................... t
1111 Tu Certillea..... .............. .... ........ ...... ...... .....
1112 T1L1. Polq Endonem.n... ... ....... ...... ............ ......
~ ,0/.. -... c~.
1201 Rooonll.. F..., o..d '~M" I---<..!!:.. MOON 1_
'202 CII1/Coun'y TuIS"m,.., Dood ,_ MIl ,_
120S S....TuIS..mp" Dnd8_MIII
1204 Oth.r RtconUn, F....Pow.r or Allom.y/Aa.irnm.nt ..........
1501 Surv.y....................................................
1302 P..I In.pectlon.............. . . .......... . ..................
1503 W.U C.rllSeptit CertlFllln.pecllon. .............. ...... ....
1305 M....n..rlCouri.rlEllpn.. ),hi! Fee........ ...... ..... ......
SOl
902
903
Intln"
SUBTOTAL
I ~- d.:~~AlO~~~M~~,.~~..............
MartJ..' In.ur.nN Pr.mlum ror -=- month...... ......
FIn' V,.r H.urd Inlunnt. Premium............ ...........
8M Finl Y.., Ftooclln.uranta Pr.mium.............. ...........
905 VA Fundln. 'M............................................
lOCH H.urd In.ur.nt' ReNn. --2- mOl. 0 S ,')9 .J4a.
1002 Marte_,.ln.ur.ne. Ru.n. --=.:...- mo., . . - Imo.
I ) "0 n.:;
-....Ld- mOl. . S ( '. 'It:ntf:
_, c 1 o~
-/- mo..' S~mo.
lOllS
City Property Tal Ru.,....
~'~rOpcr1Y T.. R...no.
1004
1008 Flood 1nlunnta RaNn-.
.. 1I10a, . S "ma.
Tal Pror.t.................. ....... ...... ...... ............
SUBTOTAL
TOrAL st:rru:""t:r-rr CHAnGES
Applicant raid
'7 '\'" C~
( (- ,r;:,~ '.~.
~""'t'..~..
$I r. l:"
S.lIer Paid
r;.,) ~
~Of-'
..;;...-
."
-
,.
~-
(,,,- !::-
/(J f~__
7Y(J ~
CcJ'
n.
c_'
,d/
<-/1
c..---
"fx;;.;~ ~
,
..'(I..e..
) I, c.'
'-"':,1'/ _--
-_._~.
,_h~
r; H.
~-
1/-1 .
-...."
EXHIBIT
I
/ ? ;',I~ ....,;
,
cr.. /C;,'.J.~._..
I
B
i~~';
.~"~l
l "":'~f,
. - ;1:.3 :
. ~. I
'.""'" 1
.. ~ .' ,
:1'.~.;,.t.
,(J,~ I
'. ,
,..J,.,;':.,. .;
'I~"
"ji ;A
r1!'; ~;..:;":.\.1
.' 1., .
", C"'i' .
~ ..,...~. . :
" ?~~~'I
.~~Jt~>f; ". ":
,,:~~.~., .
~oI!IFC I' .'
. ",!"', ~
~.,~.:(..t .,. "
~~".
~~~ :...::.
';~!.f" . .
.~t'} ....;
I.U Mf... ~. I
.~. 'l~.;""~~'J
I:\: 1"t......~ ~
~~f ;p. I .~":, '..
$'~"~"
.t..'t..:...,';
"... I
'.
. .;.;."
:;....:~t;.
. ","f~. '..
,~;.;:r.\\
t:;;.~:,:~~'
-,~,"
:j;:!/
.{'f:'j.t-."
"'/:';'\.
'. .r._
,;.
';.
:".;. .
~~.:.. :'
:".-';:\.
p ~.
"~-"~
;i
).j'..r:....
~\:(,.t;,. "
~""'i
,.,,\;;.: ~",
I~'
~~t~~. .
'I.....
)1'... ',;."
\:;.;:
IF...,;,~
~..'
k"'l'_
:Hp,'
~J'~ ,~:
~~f.:..:"
If;':;).:':/
.-',.;.'''' -,
:-ii' "'.
1.-,,'.:.........1.......
Good Faith Estimate (continued)
1'beN ..l1m.Lae.... pravllled punlant \0 Lha Ra.1 t..uLt Seul'lMnt. PlVitedu.... Act of 1814, II Imtnd.d {RESP,,}. Addition.
al inlonl\lUon un be found In Lhe HUD 9pKlalln(onn,UIm 8ookJ'l, which 1. Lo b. provld.d Lo )'OU b)' )'our morta'" b""lL.r
or 1.ru&.I'.I(pul' .ppllc,UlNli i. Lo purt'hI.. ruid.nU.I,..1 propart)' .nd th.l.nd.r wiULlIL.. nntll.n on th. prvpart)'.
NoIu
111m 1S10 '!'hi. ..Met mU'l be ptrl'ormed b)' TnnurMritl Real Eallll T.. Service. Two Embarud.1'1l C.nLfr. Sui1l3JO,
San FnncltcO. CaJiromla 94111.1..16.391.2128. on.. IILlm.&..d rH .hown (or thi. ..niu I. bued on
1'n.naam.rica'. chl'lll. M.llon h.. r.pa.LedI)' ulld or l"Iquind borrow.1'1I Lo UN Tr.n.am.rica'. ..Nice .i~hin
the~" 12 month..
.lAra 1812 Thi. Nrvlce rDl1.I~ b. per(orm.d b)' TranMm.enCl .1ood !t....nt C.rtificatlon, 1111'."." Annue, 4lh t'luur.
Hubrauck H.I.h.... N.. J.f'N7' 01604.3114, 1.100.241.33&4. Th. ..Um.t.d rH .~own (or lhi. ..ni~ ia b...d
on Tranum.rica'. chit'''. M.llon ha, ,.pta~l, uud or ~Ulnd bomw.n to u.. Tranllm.rica', 11,..,1"
wilhln lM PUl 12 mon~ht.
ILlm .110li In .Il.talll tl"pI, Tnal, thl. IIrvi" mUl'. be parfOrmH b)' Sh.dowN'1 Mort.I.' TfChnolo~.. LLC. 4100 E.
Mllllulppl Annu., 11000, Otnver, CO 8O'l22.3058, 1-800.892.6618. Th. ..lim....d (ee ,hown (or lhi. IIrvlct I.
b...d on ShadowN.t', ch.,.... M.llon h.. "'pI.~I)' uaad or nquind bonower. to UN Sh.dowN.t'. ..rvitll
within the put 12 monthl.
Itam'1101 For Tn.. uM only. &hi. ..me. mu.l b. perform.d b)' Pohm.ky' D'ltal, aooo Hobert F. Mco..nnoU. FrnwM)',
SuiLl 1600, Sa.n Antonio, Tua.18230, 1.2Io.3U.U88. Th. ..UmaLld r" ahown ror IhI. IIrvice ia hu.d on
Pol\lnllr:)' 1& 811&..1'. ch.,.... M.llon Ma rlpeaLldl)' '*Id or requlnd borrow.r. &0 u.. Polunalr:)" D'ILll'.
..rtiea. within lb. pllt 12 month..
hIm "3oa Tbll IIrvk:I mu.L be panonn" by Fed.raI Esp"" CorporaUon, P.O. 801 721, o.pe.rtm.nt 1141, M.mphl., TN
38194.1.81.1.~63-3339. Thl nllm.&M r.. ahown (or lbl. 1I,.,lell. b.Nd on Fad",l Elp,.u'. ch."...
M.llon hi. rep..~I)' ulld or .-.quind borrow." Lo \LNI Fed",1 E.pr..... 11",1". within th, p..t 12 montha.
ILlm'
ILlm'
B)' limine below,lb. und.nlrntd acknowl.dceC.) ....Ipt 0(' copy o( &hi. Oood Faith EaUma\a and a copy o( &hi HUD bookld
lIt1ed aStllltmenl CoeLl a A HUD Ould..a whe,. .pplicabl.. .lth.lim. o( applicaUon. Thia (onn I. nol.n appraYlI o()'our lOAn
appUcalloa, nor I CQmmllmenl Lo m.k. lh.loan.
/ /' ,:;!~:'I' ~./
/
--~
~'l ..
~,......--
"'''r AoUteM:
,.,....,a-
o FHA
y," '7 ...-
f:' ( (
,v
-
o VA i Conventlon.1
I
lM,ft"-nl'
Aa.tlclpated Monthly HouIln. Expen.. _ q/
Prin.I..land In"'...' ..., Dr, , :;...--
""'..riy T..... I / J ~ 1--
Hauld tn.YflnCI ,. J 9 ;J ~
Flood lnawlnu
HoPltown.n ~lIXi.lion Due.
EXCEPI' IJl PROVIDED IN THE NOTES AJlOVE,
TIlE J'IlOVlDEIL9 FOn TIlE FOLLOWING
SI:I"TLEMENT 9EIlVlCES Wlu' DE 9ELEcrED
FROM" MEu.oN APPROVED UST.
_ Mort"I' In.urlncl -Illlm. '902, 1002
- Cndit Rapon- h.m 1804
-"\11. In,urllntl-It"m. '1108, IllXl. 1110 and 1112
_ Appniaer. -It"m. 1803, 1303
_ Settlem.nl or Cla.in, ^canLa -Iltm ,1)01
_ IAnd.r'.ln.pftlion -Ilam 180~
tNew ConthvcUon Onl)')
Monthl)' MJP
Olh.,
To'" MoaLhly lfoUAla. Eapea..
(. (-f'y~
Onlin.wl Numty:
IOn,uw.pU.; Copy.Appllcaal)
,0.
(> ,-" ,..,
c w -"
<." .." --I
"Pl...: '-'1 ""TJ
[i ' I ;, ~ \o:J : 1,_.
,-
;~ {~ .1"11
U. .-J "iA
~; :: ,~:.._~ ." ::H
'I ~ , , ...,. .!()
:: ('~ C- o -rn
~t. :: . .. ~~
. ~. :;:) ;;0
:~
-. .- ".
A. KATHLEEN .1l1llNSON. : IN THE COURT OF COMMON PLEAS
Plaintiff .
.
CUMBERLAND COUNTY. PENNS'tLV"NIA
.
.
VS. : CIVIL DIVISION
THOHAS \~. JOHNSON, SR. . : NO. 97-5771, CIVIL TERIt
:
PRAICIPE TO TRANSMIT RECORD
To the Prothonot.~:
Tran.mit the record, tog~ther with the following information to
the court for ent~ of . divorce decree;
1. Ground for divorce: irretrievable breakdown under S3J01(c)
3301(d)(I) of the Divorce Code. (Strike out inapplicable sectionl.
2, Date and manner of service of the complaint:
10/22/97 Certified-Restricted Service
l. Complete either paragraph (a) o. (b).
(a) Dato of execution of the affidavit of consent required
by Sl301(c) of the Divot'ce Code: by plaintiff 2/13/98
by defendant 2/9198
(b)(l) Date at execution of
oE the Oivorce Code:
service of the plaintiff's affidavit
the affidavit required by
___1 (2) Date of filing
upon the r~spondent:
S3JOI(d)
and
4. Related claims pending: NONE
5. Complete either (a) or (b).
(a) Date and manner of service of t~e notice of intention to
file praecipe to transmit r~cord, a copy of which is attaChed:
N fA
(b) Date plaintiff's Waiver of Notice in S330l( c) Divorce was
filed with the Prothonotary: " /1 r../QR
Date defendant's Waiver of Notice in S3301(c) Divorce was
filed with the Prothonotary: 2/t6/98
aa.-L
for (Plalntiff)(Defendant)
n ~ ()
c. .~ -n
;." ..., .\
~t: ,'tl 1~,-n
n'l' ," "i-c;
z:; ::.8
.:/'1 -I
(fJe .; 'I
?1~"1 '\0
.... .~. ...... ::, \
, " ....-.~ ) ..;"
.:;.(~ .-'. )
'j.~ ~.-~:. "" (_~:/\1
.. ~~
-;;"
:::J => :.4
~ Iv -,
IN THE COURT OF CO~~ON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
@
f; '-,oJ r-"',,-'::,,
cr ~"'>'!_ ";"~'I'"
" .;(
;'.
't.'T'i'
, KATHLEEN JOHNSON,
Plaintiff
i)7NT~'J
' , ! ~ I
i, ~. , 11
i Of '/'.......
r,,"\
\.'\...'..
"
VS.
HOMAS W. JOIINEON. SR,.
Dsfendsnt
(L~
/15Sv
j
ittJ~
DIVORCE COMPLAINT
, 3301 (c)
9t: 22-1 D
(J) 87 r 33
12 67fqJ;--
JUDITH A. CALKIN
ATrORNBY AT LAW
DOl N. SECOND STREBT
HAnftlSIIURO, PKNNSYLVANJA 17110
C717' 138-1311
I., "-"............CiI.....~'.......,....
I,
"
\
\
-' ..;...;.-~ ~ :----;:--- - -~!:- -.;..-."
counseling prior to a Divorce Decree being handl~d down by the
Court.
WHEREFORE, the plaintiff prays your Honorable Court to
enter a Decree in Divorce from the bonds of matrimony.
Respectfully submitted:
/
,dlk
A. Calkin, Esquire
ney for Plaintiff
2201 North Second Street
Harrisburg, PA 17110
(717) 238-2312
Commonwealth of pennsylvania:
ss.
County of Dauphin
I verify that the statements made in this 3301(C) Divorce
Complaint are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. Section
4904, relating to unsworn falsification to authorities.
Date: C<... d/JI/,,, Q,A()..5~11.
A, Kathleen 8bhnson
Sworn and Subscribed
before me this I~ day
of OtJ ,1997.
J.~ Au~,~
Notary Public
NOlanal Soal
Ellon Rosenbloom, Notary Public:
Harrisburg, Oauphln County
My Commission ExpIres May 8. 1999
CBRTIVICATS OV SBRVICB
I, Judith A. Calkin, do hereby certify that a true and
correct copy of the within Divorce Complaint 3301(c) was mailed at
Harrisburg, PA., certified-restricted delivery, postage pre-paid to
the following person:
Thomas W. Johnson, Sr.
323 Stoner Road
Mechanicsburg, PA 17
Date:
&6
Esq.
A. KATHLEEN JOHNSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
: Clr.!BE'U.:ANn -::OUNTY, PENNSYLVANIA
VB.
NO.
97-5774
THOMAS W. JOHNSON, SR..
Defendant
CIVIL ACTION-DIVORCE
AFFIDAVIT OF SERVICE
I, Judith A. Calkin, deposes and says:
1. That she is an adult individual residing in
Dauphin County, pennsylvania.
2. That on October 22, 1997, sent by certified
mail, return receipt requested from Harrisburg, pennsylvania
(NO. 518 058 703) the
3301 "cn Divorce Complaint and, if
applicable. the Order requiring attendance at the Seminar and a
Seminar Description in the above-captioned case to:
Thomas Johnson
323 Stoner Road
Mechanicsburg, PA 17055
3. That on October 23, 1997, Thomas Johnson
signed the receipt (No. 518 058 703) which is attached to this
affidavit.
~
~~
Calkin, Esquire
2201 North Second Street
Harrisburg, PA 17110
~ (717) 238-2312
L..'
~ .
! ~
I
,
r
i
:
I
I
\
(') 1.0 0 I
~; 0) '"
.." :"f1~g
"'t.~ri: '1't
[i I J " ~ ....;J
r<~1, . -, hi
;,"j ..., el'?
VI, ")
:-'::i ~'n -:19
: ; ;.iJ
....-. - ( ] (~.J
::~~ ~.I r:- l.:jiTl
-:.~ ;:, :\~
') :.q
-. ",
,.
'.
,
,
.
(') U1 (')
,- 0) "11
.~~: .." ;--J
:",
-rJUJ n, . ~ -"
nIL" C;J 11f-_:
~.~~ . ! , "8
'n L -J 1]
(, 1., r -.~ I
;:-j~
t~: , . ""tt ~. ,
\:r' .;~~.
-'n1
;"~-~ C,' r.- ~~
.'." '-... ..
..,"
::j .;:) ~U
-... :<
'.
..
-_._-----_._~~---+-----
IN THE -c6UilYcffcOMMONPLEASOF'--
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW IN DIVORCE
NO. 97-5774 CIVIL
r" F" C:c'''i=
I~:!,.i-..,', 1 ,\..,;...
. ,.....,...-' ':'" .".....r'J\"
OF l'\!~. j', -'~".;'"J;j'~ll
93 F~O 1'1 Pll 1,1 n I
A. KATHLEEN JOHNSON,
Plaintiff
CU' ,.,. ".', "r,')' "".'
'.' "d '.'~', . I l., ,( 1..1
fll~...., ,...... .. ,"-
h:.N~.rj'i~1;fN\:~"
v.
THOMAS W. JOHNSON, SR"
Defendant
"
DEFENDANT'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
"
LAW OffiCE! Of
ROWETT, KISSINGER &: MILES, P.C.
'10 WALNUT STREET
POST OffiCE BOX "10
HARRISBURG. PENN5YLVANlA "JLlH
"---"-"-::=:':-';:::~::'-:."-_::--:":.:"-:."_._.,--
. _....__::_~
IN THE COURT OF CO~~ON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW IN DIVORCE
NO. 97-5774 CIVIL
r-r- -"r:-~
!L. i)~ ;" I'.....:
T' -' - .." (' ""T'''Y
(',:; ,:"," j .' .,,',)IP."'
==
rr'" 11 ",' I . n I
~~ I _;; r d 14- .
A. KATHLEEN JOHNSON,
Plaintiff
C~:tl"'" _.:" .. ,.; CDUt~1Y
, 't!. ..:".," -'-' "1\-\
,',;. -':',-11 L\ii\. .1."
v.
THOMAS W. JOHNSON, SR"
Defendant
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~3301(c) OF THE
DIVORCE CODE
LAWOl'tll'Um
HOWETJ', KISSINGER & MILES, RC.
110 W^LNUT STREET
POST OffiCI!: BOX 810
ttAaRI58l!RU. PENN~\'L\'ANI^ 1111J/'I
A, KATHLEEN JOHNSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 97-5774
THOMAS W. JOHNSON, SR.,
Defendant
CIVIL ACTION-DIVORCE
WAIVER OJ' NOTICE OJ' INTBNTION TO RBQt1BST
BNTRY OF A DIVORCE DBCREE UNDBR SECTION
3301 Ie) OJ' THE DIVORCE CODS
~
1. I consent to entry of a final Decree of Divorce
wit:hout 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 underst:and that I will not be divorced until a
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.
4. I verify that the statement 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. Section 4904, relating
to unsworn falsification to authorities.
DATE: J-, 1,3 , q 8
d. J!u t-i 1#;jJ~j II (.-r
A. Kathleen Jo son
-p,
-.
,
Q
':.~;
U>
;J)
-n
.-11
;,l
q
....:
;.:'
~ ':-;:
r.-
.,
::>
1
, -1
\,Ii.-
'~8
~o
,:'"
,....,
_~ (:0)
r..Jin
"~I
-.
'_i ~
-,
..,-,
I',
~- .
-l
~.~ .
."
.',
-,
.-
I
!
I
I
r ,
~
j.
I ;----
--c--.-.......c.c..-.. .. . ..
INTHE-COURT OF Cmll'loN.PLEAS OF.
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 97-5774
(A
...--.-=
A. KATHLEEN JOHNSON,
Plaintif f
v.
THOMAS W, JOHNSON,
Defendant
QUALIFIED DOMESTIC RELATIONS ORDER
;;
"
LAW OffiCES Of
HOWEn, KISSINGER &; MILES, RC.
llO WALNUT STREET
POST OfFICE BOX 810
HAlUU58URU, PENNSYLVANIA 17108
-f/,;t:;..., .--.,.d: ~- -t 10 id q f.
,J.P.
A. K.thleen Johnson
PIa InUIT
IN THE COURT OF COMMON PLEAS
Cumberland, PENNSYLVANIA
VS
CIVIL ACTION . LAW
Thoml. W. Johnson
Defendant
NO. 97.!l774
OUAUFIED DOMESTIC RELATIONS ORDER
AND NOW, this IJ~ day of <9 ~. 1998, it appearing to the Court that:
I. The parties were formerly husband and wife and a divorce decree wu entered on
February 19, 1998,
2. Thomas W. Johnson, Social Security No. 194-42-8507, hereinafter referred to u
.Participant,. is a participant in the Crowley Foods, Inc, Retirement Savings Plan, hereinafter
referred to u .Plan..
3. A. Kathleen Johnson, Social Security No, 177-42-1072, hereinafter referred to u
. Alternate Payee,. has raised claims for inter alia, equitable distribution of marital property
pursuant to the Pennsylvania Divorce Code, P.S. 101 ~,
4. The Participant's current and lut known mailing address is 323 Stoner Road,
Mechanicsburg. Pennsylvania 17055.
5, The Alternate Payee's current and lut known mailing address is 7706 Avondale
Terrace, Harrisburg. Pennsylvania 17112.
IT IS ORDERED, ADJUDGED AND DECREED AS FOLLOWS:
I.
This Order assigns to the Alternate Payee an amount equal to Fifty Percent
(50%) of the Pmicipant's Total Account Balance accumulated under the Plan as of February 13,
1998, Further, auch Total Account Balance shall include all amounts maintained under all of the
various accounts and/or subaccounts established on behalf of such Participant.
The Alternate Payee's portion of the benefits described above shall be segregated and
separately maintained in a nonforfeitable Account(s) established on her behalf Additionally, the
Alternate Payee's account shall be credited with any interest and investment income (or losses)
attributable thereon from February 13, 1998 until the date of total distribution to the Alternate
Payee,
2. 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 4I4(P) of
the Internal Revenue Code, iflater. Benefits will be payable to the Altemate 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.
3. Receipt of an executed copy of this Order by the Plan Administrator shall
be deemed to fulfill all requirements of the Plan as to notice and request for withdrawal by the
Alternate Payee of the amount specified herein unless specific forms and/or notices are required
under the terms of
the Plan.
4. 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 participants and beneficiaries, including, but not limited to, the rules regarding in-service
withdrawals and distributions, the right to designate a beneficiary for death benefit purposes, and
the right to direct Plan investments, all to the extent permitted under the provisions of the Plan.
5. In the event of the Altemate 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, shall receive the remainder of any unpaid benefits under the
terms of this Order, and in accordance with the benefit option selected by the Alternate Payee.
6. In the event that the Participant dies prior to the establishment of separate
account(s) in the name of the Alternate Payee, such Altemate Payee shall be treated as the
surviving spouse of the Participant for any death benefits payable under the Plan, but only to the
extent of the full amount of her benefits as called for under Paragraph I of this Order. Should the
Participant predecease the A1temate 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 described herein.
7. This Order does not require the Plan to provide any type or form of
benefit, or any option, not otherwise provided under the Plan. This order does not require the
Plan to provide benefits to the Alternate Payee which are required to be paid to another Alternate
Payee under another order previously determined to be a Qualified Domestic Relations Order as
defined in Section 206 of ERISA and Section 414(p) of the Internal Revenue Code of 19S6, as
amended.
8. The Participant, the Alternate Payee and the Court intend this order to be a
Qualified Domestic .Relations Order as defined in Section 206 of ERISA and Section 4l4(P) of
the Internal Revenue Code of 1986, as amended.
9. 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 A1temate Payee
under the terms of this Order, and as such, will be required to pay the appropriate income taxes
on such distribution.
10. In the event that the Plan Trustee inadvertently pays to the Participant any
benefits that are assigned to the A1temate 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 pay such amounts so received directly to the Alternate
Payee with ten (10) days of receipt.
1 I. In the event of a Plan Termination, the A1temate Payee shall be entitled to
receive her portion of the Participant's benefits as described herein in accordance with the Plan's
termination provisions for participants and beneficiaries.
12. The Court shall retain jurisdiction with respect to this Order to the eldent
required to maintain its qualified status and original intent of the parties as described 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 the recharacterization
thereof as a division of benefits under another plan, as applicable, or to make any award of
alimony, if applicable, in the event the Participant fails to comply with the provisions contained
above requiring said payment to the Alternate Payee,
13. The Participant shall not take any actions, affirmative or otherwise, to
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 A1temate Payee to the extent
necessary to neutralize the effects of the Participant's accounts or inactions, and to the extent of
the Alternate Payee's full entitlements hereunder.
14, The parties agree that their mutual intent is to provide the Alternate Payee
with a payment that fairly represents her community property share of the benefits in the Plan, If
the Order is submitted to the administrator of the Plan and is held not to be a Qualified Domestic
Relations Order as defined in Section 206 of ERISA and Section 414(p) of the Internal Revenue