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Home My WebLink About97-06216 .... t '~ .~ ~ iio,f !'". I ,~ " " " ;'1 'l \! ..... .' .& .. ,It), ~ q .J, ~ ,Q<o '~ " " ~ *1' ~ 81 8 ~ * N * it ' SIl llU,~IY 11, ~'I'OU(jIl, 'I , 1\". 'J7-(j2)6 qVU, II) ~ J'lalntlCC ~ * V,'I'."I. ~ ~ ,MIIIII< P. t1:~'OUGIl I ~ it PoCondant ~ it $ ~ ~ it DECREE IN : it " D I V 0 Ref 8 ~ $ ~ ANPNOW"...(Vl.~.,!/.".".,., 19.'~~"., It lfinrdrmulonrl ~ ~ ~ III cjflq'Rfld thot ,.,..., ,sMrJ.qy. rl,.. ,~\:p).l,~JI)""...,."",..",." plf.1lntlff, I!' $ ~ nnrJ .,...."",.".. ,M\I,r.l~ ,P,.. .11~'9fl.<J,h".".,.".",.".".,., dfllflnrlont, ~ * ora rJlvorrRrl 'rnm the hnnrJfi 1'1' mntrlmony, ~ $ ~ 8 Tha rnllrt rfltolnfi I'lrlfinlc:tlnn ()f the fnllowlnR dolmR whlc:h nove : ~, PflRn rCllfiRrl nf rflc:nrrJ In thlfi nrtlnn lor whkh n Ilnol nrnflr hos not YQt * * PAAn An tarad; . , , , , , , , , , , . , , , ,~P/l.q . , , , , . , , . , , , . , , , . , , , . , . , , . , . , , . . . , . , , , . , . . , . , , , , , , , , , . , :.' : "."",..,,,..,,,,.......,..,,..,......,,,,,,, : ~ 1*,' "', r:' "y T h · Ill" I.' . lit, 'h, * ^"I'ali dl14'"" ~ .>1''1' Ao~.."...~_ . ,j; il;:,I:~~ I ) / "1i;;; I .~\ , '-I;',!/1. ,Jrt ,i" ....b2?tt' ,,(~, , " '; (':'(;1 ~' ~'J"'"lhOllot"ry ; Ii. ;\\, , ~ ,,)',1 " J ---- - * . -, . . ~- .- ... . .,. . . , . ....... ___.. \ 1~1 , ...'.' .*. .' <tC' .. .:<<. .:.:. .>>:. .,.:. .:.:. ':..~ .,+:. .c.:. .:+:. .r.;. .t.:. .:.:. .:+;. ,,+:. .:t\, ,~:. .:.:. *:. .:+:. -*, .. . ",1'1','" lI11Iil'..' I ,(t,\,';.,lt: U:'li' ' :tt:: :~', .~: ::~. ':.:,.:.:":.:. {,:,,:.:,:~;. ::t(. 't~:: ::~', .:.;....t!l.. .!.!. ,t~;', ::.:':.:' ':.:':. ,:.;,:.;. .:.:. 't~., ::':'..t~: :t~'. '!tl::~ i ~ . IN THE COURT OF COMMON PLEAS OF CUMSERLAND COUNTY STATE OF >~~"... PENNA r../,~, . ~ , 8 ~ I~ ~ $ ~ ~ . $ ~ I I I I,"", '11111 I " MMlI n, It M'I Mill SIUJU,V:Y 1" S'l'OlJOH, HI 'l'Jlll: COt}J~'l' 01;' COMMON Pl,/i:/lS Ol~ Plaintiff ClJMJ3E:l~l,M/P COlJN'l'Y, l)/i:NNSYl,VI\NIA vJo], CIVIl, AC'l'ION - [,AW NO, 9'7-G21G CIVIJ., 'l'V:HM MAHI< 0, S'l'OlJGJ1, pel'endant CIVIl, ACTION - IN PIvogCll: PR~mqI~m TO TR1WQ~IT R~gQEn TO THll: PROTHONOTARY I Please t~ansmit the record, togethe~ with the following information, to the Co~rt for entry of a divorce decreel 1, Grounds for divorce I irretrievable breakdown under ~3301(c) of the Pivoroe Code. 2, Pate and manner of service of the Complaint I service by certified lJnited States mail, return receipt requested, restricted delivery, on November 15, 1997/ as set forth in Affidavit of Service filed herein, 3. Oate of execution of the Affidavit of Consent required " ~y ~3301(cl of the Divorce Code I by Plaintiff I February 25, 199B, by Pefendantl March 1, 199B, 4, Related claims pending I None. 5. Date Plaintiff/s Waiver of Notice in ~3301(c) Divoroe was filed with the Prothonotary I March 9, 199B, Date Pefendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary I March 9, 199B, Datel March 9/ 199B ,I ,.--.--".."""-,- CORRECTION Previous Image Refilmed to Correct Possible Error ..- -'.. -- )1."- ..., .. '7 '}1 .:U "r.~' 1,1(( ,~.JJ<, r,;' , dol.!. lilr~~""i! (;1' "'0' ({If II/.?;,d/ v ,t-Y " ., .,. 1 , I, SHr/u,mv 1" S'I'OlIClIJ, IN 'l'lll!: COl}ll'l' 01" COMMON l'r.,m/lS Ol" I?luinUH ClIMIl)):rU,Mm COlJN'l'V, l'/i:NI'IS'I r.,v/lN IfI VII, CIVIL, /lC'l'!ON 14'W 1'10, !J'I-G21G CIVH, '1'liiUM M/lRI< 11, /l'l'Ol)QIl , 0.1 f endnnt CIVU, /lC'l'!01'I . !I'I nrVORCJi: pRAma1.p~ TO ~BAnnM~T Rm~ '1'0 'I'Hm I?RO'I'HONO'l'/lRY I Please transmit the record, together with the following information, to the Court for entry of a divorce decree I 1, Grounds for divorce I irrQtrievable breakdown under ~3301(c) of the Pivorce Code, 2, Pate and manner of service of the Complaint I service by certified United States mail, return receipt requested, restricted delivery, on November 15, 1997, as set forth in Affidavit of Service filed herein. 3, Pate of execution of the /lffidavit of Consent required by ~3301(c) of the Divoroe Code I by Plaintiff I February 25, 19981 by Defendant I March 1, 1998. 4, Related claims pending I None, 5. Pate Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary I March 9, 19981 Date Defendant's Waiver of Notice in ~3301(ol Divorce was filed with the Prothonotary I March 9, 1998. / )h /) 4~~(tV~~M Mar n R. McCole I Esquire /lttorney for Plainti~f ,"",,,,,,,," Datel March 9, 1998 MMU ItI " 1\.111,\11 II I, 1(1 I: " I'" , " , \ 1 I' , , . , " " ., 1 ^Vv tllllt' h MMUIN II ""11/11111 I \ , i SIIIlU,"W II, S'l'OtiCJII, PlaInti ff IN 'l'HPl cotJH'l' Of" COMMON PI,P:I\S OF ClJM13B:lU,MlP COtiN'l'Y, PJ;:NNSYINANI/\ CIV I 1, I\C'l'lON - 1,1\1'1 No.17-6}../1a CIVIl, 'l'PH~M va, MI\RJ< p, S'I'otl0H, Defendant CIVIL ACTION- IN PIVOHCB 1'J0~~01lJ jiO DjlIPIlJJm iWL!JlIAlH R~qij~fJ You have been sued in court. If you wiah to defend agaInst the claims set forth in the followIng pages, you must take p~ompt action, You are wa~ned that if you fail to do so, the cllse may proceed without you and a decree of divorce or ' annulment may be entered against you joy the court, A judgment may also be entered against you fo~ any othe~ claim or ~elief requested in these papers joy tbe Plaintiff, You may lose money or property or othe~ rights important to you, including custody or visitation of your child~en, If the ground for the divorce is indignities or i~~el;;deva)ole )oreal<down of the ma~riage, you may request that the cou~t require you and your spouse to attend marriage counseling prior to a divorce deoree )oeing handed down by the court. A list of ma~riage counselors is availa)ole in the Office of tbe P~othonotary at Cumberland County Cou~t House, Ca~lisLe, You are advised that this list is ~ept as a convenienc~ to you and you a~e not )oound to choose a counselo~ f~om the list, All necessa~y a~rangements and the cost of counseling sessions are to be borne joy you and your spouse, I~ YOU DO ~OT FI~. A C~~I" FOR A~I~OWY, PIVISIO~ 0' PROP.~TY, ~AWY.R'S p..e OR .XP.~S.Sa.FOR. A PIVO~Om O~ ~~Hm~ IS GRANT.P, YOU ~Y ~OS. Tn. RIGnT TO C~AIH ANY OF TJIIlI~. ~OU S"OU~P TARm THIS p~pmR TO YOUR ~~WY.R AT O~O.. IF YoU DO ~OT ~vm A ~AwymR OR CAijNOT APPORD O~., GO TO OR T.~.P"O~. T"m O'FIom smT 'ORT" am~ow wamRm YOU C~ GmT ~mGA~ "m~p. Court Administrato~ Fou~th Floor cUmbe~land County Court House One Court House Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 ~4t~V~&:.~ Mlailin R, McCale)o Atto~ney fo~ Plaintiff .Ii SHIRl,my L.. S'I'OUGII, IN 'l'JI~: COlm'I' OF COMMON PI,I':1\8 OF Plaint H f CUMI3J;;JU,/\NP COUNTY I P/i;NNSYINAN 1/\ vs, CIVIl, I\C'l'ION - l,flW No,97-~Z,,~ CIVIL. 'l'r.RM MARJ< P, S'I'OUGH, Defendant CIVIl, AC'I'ION - IN PIVORC~: aQ~fH6JijT VUP~~ SmCTION 330~(o) OR 3301ldl QL~HlIl DIVOMJLQ.Q1l.lfl 1. Plaintiff is SHIRL.r.y L.. STOUGH, who currently resides at 416 Geary Street, Borough of New Cumberland, Cumberland County, Pennsylvania 17070, since April 30, 1961. 2. Defendant is MARK D, STOUGH I who currently resides at 337 Scotch Pine Road, Dillsburg, York County, Pennsylvania 17019, since June 30, 1996, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint, 4. Plaintiff and Defendant were married on July 16, 1961, in Upper Allen Township, Cumberland County, Pennsylvania, 5, There have been no prior actions of divorce or annulment between the parties. 6, The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling, 1,\11"1111111' MMllltl II fl.I, 1/'11111 -2- O. I?laintHf rlJqufl/lt/l you~' lIonoraple Court to enter a decree of divorce, I vedfy that the, /ltatemente made in thh COIllj;llaint are true and correct, I under/ltand that fallle /Itatelllente heroin are made /Iupject to the penalties of 16 Pa. C,S" Section 4904, relating to unsworn fal/lification to authoritie/l, Patel ~'$)$\i ,',' \)" '\' LQ.., 1997 / /~ JL f) ~~~J{ &r.)-~dr Marlin R, McCaleP ~ttorney I,P, ~o, 06363 219 East Main Street P , O. Box 230 Mechanicspurg, Pennsylvania 17056 (717) 691-7770 f'~XI (717) 691-7772 ~ttorney for p~aintiff IflW 1111111 '. M^IUltlll "'''1 ^111l -3- . ~, '\ ~ '~ Q,. ,.... ~ '.. [)'\ 1,,, , ~ ... Jt', ..... tH. ~~ N ,'\. .' "- IIII 1 L'-:J , " FJ ~ ~ .. ~ ' , "f ~ " III I. I ~ II.. . i ""l ;;),~ r-; ~ , , 4)\;)~ II '''' ' ' , \ '" 'l.() , , ~~ . L' , , I ~.~2 ~ . I ." ~ - " I" W '~ " I.} , '. J-=~-===~~~'=~~'=-'-' '_-~~7~=~~--' - ,~-- ~7"'=' :.~,==,-'-- ~ ~fj ~ a ~~ ~ ~ ~ ~ · a ~.'3 f ~ ~ i I ~ ~ ~ ~ .8 ~ fll. ~ I ~ ~ i~ I i ~ -~::::rr -:::=-_ " ~ ~' ~ ~ ~ ~ U ~ " g ~ ~ ~ ;h ~ . ~ . .. ~ Ii ; - ::::=:':";;~~-~::--=:.;._:::=;::-::::""~'.- h___ . 1"'''''1111'1', MMII_ltlll MII,\L III , \ Slm~r,Wi I.. S'l'OlIOIl, Plalntift: IN 'I'Im CQUH'l' Q~;' COMMON PI.IMlfJ OF cUMrmJU,flNlJ COlINTY, P~:NNSY1.vflN IfI va, CIVIl, fiCTION NO, 9'/-G216 C I V I I" 'l'mllM l,fI\>! MflHJ{ D, S'l'OUOIl, Pefondanl: CIV II. flC'l'ION IN DIVOIWI;: AUIJJf\VIT O'~J1DJJ'II 1, A Complaint in Divorce under Section 3301(cl of the Divorce Codo waa filed Oil November 10, 1997, 2, The marriage of plaintiff and Defendant is irretrievably broken and ninety days have elapsed from tho date of filing the complaint, 3, I consent to the entry of a final decree of divorce , after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 10 Pa, C,S'/ Section 4904, relating to unsworn falsification to authorities, Pate I r;'\Hdll( 'I'J ~;' I 1990 , ~ ~~ ..9Jir~ ~ ' r e~~ r" StoUgm Plaintiff I' III' , " I, " l ^'W 111111", M^IIIIN II 1\.1. I ^t III (I WAlYJR 0' NQ~IOm Qr IN1m~IQ~ ~o ~movmB~ ~ijTRY Qr ~ Q~VQ~om Dmo~l~ 11191 (0) or THm pIVO~OW OODm 1, r conaent to the entry o~ a ~inal decree o~ divorce without notice, 2, r understand that r may lose rights concerning alimony, division o~ property, lawyer's fees or expenses if r do not claim them before a divorce is granted, 3, r understand that r will not be divorced until a divorce decree is entered by the Cour.t and that a copy of the decree will be sent to me i~nediately after it is filed with the Prothonotary. r verify that the statements made in this affidavit are trUe and correct, r understand that false statements herein are made subject to the penalties of 1B Pa, C,S, Section ~4904, r.elating to unsworn falsification to authorities, Datel\-:\'\l\\J<\\\\ de; I 199B \ <)l~~~ne~ L~'_, Plaintiff I I,. " IIi' , i !I "\ I' , I, ,"*'.... I,:: " 11_.1 I'JllrHr..~w I" l'J'l'otJCJII , Hi '1'/18 COUll'l' OF COMMON PL,I!:AS 01;' l'l11intiff CUMJ3I~IU"\Nl) COUN'!'\, I rmN~SY1NMHA vn, crVH, AC'l'ION - [,/11'1 NO, 97-6216 C1VU, 'l'mHM MMI< p, S'!'OUCJII , Dofondllnt C1VH, AC'l'ION - Hi orvollcl;: W.lDAVI'l' qli' OON/Ulm I. /I complaillt in Pivorce under Section 3301(c) of the Divorce Code wan filed on November 10, 1997, 2, The ma~riage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the complaint, 3. 1 consent to the entJ:Y of a Hnal dec~'ee of divorce after service of notice of intention to request entry of the decree, 1 verify that the statements made in this affidavit are true and correct, 1, \lnderstand that false statements herein are made subject to the penalties of 18 Pa, C,S" Section 4904, relating to unsworn falsification to authorities, Datel~' 1998 ~~to~ndant , I I" 'I' II: , .. ", . , II " I.. )1 I' , ~ - 1 I' I , , II I " , , '" 'I " SII rrn,IW L" STOlIOII, Pluintiff HI 'L'IW: COlI WI' 01;' COMMoN rL,J~/ls OL~ Cl1Mll~:Jn,/lNf) COUNTY, rr::NNSnN/lN 1/1 CIVn, /lC'nON - L,/lW V~, NO, 97-G216 CIVIL, Tr::HM M/lHI< p, S'l'OlIOJI, 1/afondllnt CIVIL /lC'I'ION - IN DIVOHCr:: nAlYlR OF ijO~ICm OF IijTmMTIQij TQ ~mQqmH1 m~t~~ O~ ~VOROm ~~c~mm ~mB '3301 (0 THm DIVOROm COni 1, I consent to the entry of a final decree of divorce without notice. 2, I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce dElcree is entered by the Court and that a copy of the decree will be sent to me i~nediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I undElrstand that false statements herein are made subject to the penalties of 18 Po. C.S, Section ~4904, relating to unsworn falsification to authorities. Datel ~~~, 1998 @\~r~, Defendant " 1,1V\I'Jllllt', Mfl:Hllrl II "'Ill ^1111 I3Im~LEY I/o S'rOUGH, Ptnintitf IN 'I'Im COUW1' or COMMON PLEAS OF CUMIllllRI./\NP CQUN'l'Y, JilENNSYLVI\NIA CIVH, AC'I'!ON - LAW vs, MAR/< P. S'l'OUGfI, Defet~dnnt NO, 97-1i21G CIVIL ',l'JilRM CIVIL AC'I'ION - m PIVORCE ~PPIpAVIT 0' ~B~VIQ. MARLIN R, McCALEIl, Esquire, certifies nnd saYSI that he is the attorney for shirley L, Stough, the Plaintiff in the above-captioned action, that on behaH of said Plaintiff, he did file Plaintiff's complaint in Divorce in the Office of the Prothonotary of Cumberland county, Pennsylvania, on November 10, 1997, that pursuant to Rule No, 1930,4(c) of the Pennsylvania Rules of Civil Procedure, he did serve said Compl.aint upon Mar.lt p, Stough, the Defendant herein, py depositing a true and attested copy of said Complaint, properly endorsed with Notice to Defend and Claim Rights, in the mail in the post office at Mechanicspurg, Cumberland County, Pennsylvania, on Novemper 10, 1997, properly addressed to the said Pefendant at his place of residence at 337 Scotch Pine Road, Pillsburg, Pennsylvania, 17019, with proper postage attached, certified United States mail (Receipt No, P 979 977 945, return receipt requested, restricted delivery), that , thereafter he did receive said return receipt card bearing the signature of Mark 0, Stough, the Defendant herein, and indicating receipt of said copy of the Complaint on November 15, 1997/ that the said certified mail receipt and return 1,\""'11111'1'. MMIIIN" r-.ht M 11\ rE!c1lipt (Jard arE! nttachad Ill'lt'l!lto and m/lde a purt htlnl0~, marltad b1xhipit "1\", r. verify that the statements made in this I\fHdavit lire true and conect, r. underlltand that fallle statementll herein are made llupJect to the penaltiell of 18 Pa, C,S" Section 4904, relating to unaworn falaification, Patel Novemper 17, 1997 !4tt~ Mar -2- , , 11\1/1/11111"" t-oli\llllN II "",I.^llll P "'?., ,n .,.. 5 TOI M.lrk D,StolJgh 337 Scotch P j no Hoad DlllsllLJr'g, PA 17019 IINPI/!I "."I!/!INOEI ~eru~N ~HCEIPT SIRVICE P,1~"U' C"1dltIJf.. ".l,"n'l.ulpl,.. .nr .1':'~~~'d~tl'" I'IIIII[I'40,II\,r) J\.IlIJPilll.".~uj"" US Postal Servloe Receipt for Certified Mill . t-/q InlliJl1I/1ClI Coye'lllI' /lrWoded : 00 not u-. ~ In~ Mall "II IINDI"I MarlIn H, McCalr.b, Esqulro 219 East MaIn Stroot P,O, ~ox 230 Medllnicsblll"9. PA 17055 ddruaed 101 Mark 0, Stough 337 Scotch P1ne Hoad 01l1sburg, Pennsyl Viln t 11 17019 Exhibit: "A" o. P ~1' "'11 ..... III1IIIIIIII1111 '. . '. I . I I " , I I I . I , I I I '~~ I , " I , , " I -::==0. '.-::,'=:;::::.~--::;:;:-:=>:=-_-=.-:;.-;-....:::::;:.-=.--:._:;::::::,=::::-.:::: :~.'::';"'l;;:::-:=::::-.:::~.':.'''::~! ~ -- ~ I p I'a~! ~~ I I ! ~ ~ ~ ~ ~ ~ ~ lj.j ~ ~ ,~ ~ f~ i J ~ ~ I __ i __-==;==-';::;:"'~::::":'.":':::;-:::'---;:::::::;=':~;;;:~:~._-;-~.;7=::-;:-:-::::'~=====1- ~ tl ~~i . Q -I---- ~_ ==- . ~ ! ~ 1111 ~ ~ ~ u . ~ ~ -.=:;':=:..- l ^W '~I' II I', ~~MtlltN II /\<1111\11 II .. ", ~ SllIIu,my I" S'l'OUOII, Plaint if f IN 'nm CQUR'l' OF COMMON 1'I,mI\8 OF ClJMBl':IU,AND COl1N'I'Y, llJi:NNSYloVI\NIA CIVH, AC'l' LON .. I,AW VI)' NO , 97 .. G 2l G CIVIL 'l'ERM MARI( I), S'1'OUOH, Defendant CIVIL, AC'l'ION .. IN PIVORCJi: AND NOW, thi~ ORDlIl~ or OOURT "~ day of ;'V1~ , 1998, upon con~ideration of the Property Settlement Agreement dated November 10, 19~7, and upon motion ef Marlin R, McCaleb, E~quh'e, attorney for Plaint if f, it i~ hereby ordered that the rroperty Settlement Agreement dated November 10, 1997, is incorporated ~erein and made a part hereof, to have the effect of an Order of Court a~ to the matter~ contained therein, " T"' ?/R-l J, -. ' ,," I , , ~/"I'II("lj},/ .r( ,~; /W(',!..&/ v r.:rr, ... .. fBOPBRTY SIT~~~~BN1 AqR..NBNT 'I'HIS 1\@IilEMEN'1' made and entered into thi,s _, r,) day of t1-.J \"J lY' \}: ,- , 1997, by and between SHI~LiIilY Li. STOUOH, of the aorough of New Cumbedand, Cumberland County, Pennsylvania I party of thu first part, hereinafter ~eferred to as >>Wife, II and MARK D. STOUOH, of Dillsburg, York County, Pennsylvania, party of the second part, hereinafter referred to as II Huspand. >> WITNIilSSIil'l'H I WHERIilAS, the parties hereto are husband and wife, having been married on ~uly la, 19a1l and WHERIilAS, oertain differences have arisen between the parties as a cO~aequence of which they intend to live separate and apart from eaoh other during the rest of their natural 11 ves I and WHIilRIilAS, the parties intend to dissolve their marital status by means of a divoroe pursuant to Section 330l(c) of the Divorce Code of Pennsylvania I and WHIilRIilAS, the parties wish to provide for and dooument the equitable distribution of their marital property and certain other matters, as herein provided, NOW, THERIilFORE, in consideration of the foregoing and in further considerati,on of the covenants and promises hereinafter , mutually to be kept and performed by eaoh party hereto, as well I ^W """", as for other good and valuable considerations, it is agreed as MAlU It' II Mil ^IIII followSI . , .,Wvn/111I'. M^Jllltj II I\I.(fll III i i ~ ~ 1. fJJiAFAWY. rt flhal.l pe lawtul tor each party at all times hereatter to live separate and apart trom the other party, at such place of placep as he or she trom tAme to time may chose or deem fit. 2. ~OnIN'l'IllRPIlIRl!lNOl!l. ll:ach party shall Po free from i~terference, authority and control, direct or indirect, Py t~e other in all respects as fUlly as if he or she were single and unmarried. .nch may, for his or her separate Use or benefit, conduct, carrYon and engage in any pusiness, occupation, profession or employment which tCl him or her may seem advisable, Neither party shall molest, harass, disturb or malign the other or the family ot said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. ~TUAL Rl!lLl!lAG~~. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these prosents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discbarge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of and from any and all claims in the natUre of dower or cUrtesy or WidoW'S or widower'S rights, family exemption or similar allowanco, o~ -2- " " , " , Iii 'd.:' , " \'j,~ 'II Ii' iI', I\l~~l' , '/,\ ":"l "it! 'I",i:;~ '1':\\'\ ;'1-1\ 1,,"_','),\]' ; dJ "W"lilli' I', Mill II It/II M'I Mill . under the intestate laws, or the right to take against the spouse/s Willi or the right to treat a lifetime conveyanc~ as testamentary/ or all other rights of a surviving spouse to partioipate in a deceased spouse/s estate/ whether arising under the laws of the Commonwealth of Pennsylvania or any other state or any coulltry, as well as any and all other olaims, demands, damages, aotions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereofl exoept that this release shall in no way exonerate or discharge either party hereto from the obligat,ions and promises made and imposed by reason of this Agreement, and shall in no way affect any cause of action in absolute divorce which either party may have against the other party, 4, MARITAL PROPIRTY. The parties hereto acknowledge and agree that they acquired various assets during their marr1.age, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited tOI (a) The marital residence at 416 Geary Avenue/ Borough of New cumberland, Cumberland County, Pennsylvania, which is presently enoumbered by a first mortgage in favor of The First Union Home Equity Bank, N.A,/ dated November 21, 1994, in the original principal amount of $63,700,00. - 3- 'I,j I If\.W 1111111', M^'H IN H I\.l. I M III r \, . (pI Household goods, contents, furniture and furnishing/3, (c) Various panl< accounts, (d) Retizement and/or pension benefits, (e) 1993 ford 'J.'empo Sedan leased by HU/3band from /i'rances Ji'or ford, Inc., pursuant to a lease dated May 12, 199~, for a term of three years at a monthly rental of $259,26. 5. pISTRIBU~IQ~ OF MAR~~~L PROpeRTY. The parties hereto covenant and agree that the assets described in ~aragraph 4, above, together with any other property that the parties acquired individually or jointly prior to the marriage, have been or are hereby being divided and distributed between t4em a/3 follows I (a) Husband covenants and agrees to assign and transfer unto Wife all of Husband's right, title and interest in and to the marital home at 4i6 Geary Avenue, Borough of New cumberland, cumberland county, Pennsylvania, and to execute and deliver to Wife, upon the execution of this Agreement, a deed , conveying the said premises as above described, Husband 'also assigns, transfers and conveys unto Wife all of his right, title and interest in and to any esorow account maintained by , I, 'I , '1 them and the mortgagee for taxes and/or insur.ance, Wife covenants and agrees to assume and pay the full remaining balance of the mortgage given to the First Union Home Equity -4 - I,WVtlllltl'. M^'lIlrl II M! I MIll ... aan~1 N.A" and Wife further qovenant~ and agree~ to indemnify Huapand and aave him hat'mleaa of and from any and all Uapj,lity on aooount of aaid mortgage from and after the dato hereof, (p) Hu~pand relinqui~hea and disclaims any and all ownership, right, title and interest in and to the household content~, furniture, furnishings and appliances now located in the marital home at 4:1.6 Geary Avenue, Borough of New Cumperland, cumperland county, ~ennsylvania, and Huspand oovenants and agrees that Wife ahall pe and remain the sole and separate owner of same, whether said property was heretofore owned jointly or individually Py the parties hereto, (0) Wife relinquishes and disolaims any and all right, title and interest in and to the 1993 Ford Tempo Sedan automopile leased Py Huspand as aforesaid and Huspand covenants and agrees to pay all remaining installments of rent for the automopile and to indemnJ.fy Wife and save her harmless of and from all liapility under said lease from and after the date hereof, (d) Each of the parties her.eto relinquishes and disclaims any and all ownership, right, title and interest in and to any and all pan~ accounts now in the name and/or possession of the other and each party covenants and agrees that all suoh bank accounts of the other party shall be and remain the sole and separate property of that other party,' -5- I .. 1"''''.1''111 Ml\lIlltj It M,IMIIl whether the same wore heretofo~'a owned jointly or individually by the ~arties hereto, (e) Husband covenants and agrees that u~on the execution of this Agreement he will causa hie children, David ~ee Stough and arian Michael Stough, to be designated as the beneficiaries of his death benefit u~der the Security Savings Systems, rnc" Profit Sharing Plan, or any successor Plan, including any life insurance purchased on his behalf under the Plan, in the event of his death before reaching retirement and that he will keep and maintain such beneficiary designation as long as either or both of said children is/are living and until his retirement, unless Wife otherwise consents in writing, When Husband retires, or if both children shall die before he retires, whichever first occurs, then Husband shall be at liberty to change the beneficiary designation and Wife will consent in wt'iting to same. Soth ~arties agree that t~e Court shall enter a Qualified Domestic Relations Order to carry out the terms of this ~aragra~h, substantially in the form as attached hereto and made a ~art hereof, marked mxhibit "1'.." Wife covenants and agrees that if and to the extent that the Qualified Domestic Relations Order referred to in the previous sentence confers, upon Wife any rights in and to Husband's Plan other. than the right to waive the Qualified Pre-Retirement Survivor Annuity and the Qualified Joint and Survivor Annunity -6- -7- . ~. I ,\W 'll f I., " MMIlIN " I\.hl "1111 and the dght to maintnin the nfcn:esaid penefic.:iary designation, she will waive such other rights in writing upon request pyHusband, (fl Husband herepy relinquishes and disclaims any and all ownership, dght, title and .lnterest or entitlement in or to any and all retirement and/or pension penef.lts, including death penefit:s adsing therefrom, now owned or previously QW/'led or previously acquired Py Wife from whatever source, and Huspand covenants and agrees that all such penefits of Wife shall pe and remain her sole and separate property. Except as provided in sup-paragraph (e), apove, W.lfe herepy relinquishes and disclaims any and all ownership, right, , title and interest or ent.ltlement in or to any and all other retirement and/or pension penefits, including death penefits arising therefrom, now owned or previously owned or previously acquired Py Huspand from whatever source, and Wife covenants and agrees tbat all such penefits of Huspand shall pe and remain his sole and separate proper.ty. (g) Each of the parties hereto relinquishes and disolaims any and all ownership, right, title and interest or entitlement in or to any and all life insurance policies insuring the life of the other party and each of the parties covenants and agrees that all such policies of the other party, and the proceeds payaple thereunder, shall pe and remain the I.."',. II\W l)tllll', M^"IIN II MI. M Iii sole and separate property of that other party, 6. "l1J~Qm:. Huspand covenants and ngreas to pay to Wife, alS alimony I the sum of $59,00 per weel~, commencing in the calendal' Weel~ in whioh the partielS are d,i,vorced (put Huspand shall reoeive credit for,any payment of upousal support for that oalendar week: pursuant to an Order of Court entered in the Court of Oommon I?leas of cumberland County, I?ennsylvania, Domestio Relations Section, on September 6, 1996, to No. 851 S 96 (PR 25,696)), Huepand's obligation for alimony hereunder shall end upon the death of either party or upon Wife's remarriage or her cohabitation with a person of the opposite sex, I'/hiohever first occurs, 1\.11 alimony paymentlS by Husband to Wife hereunder ahall pe taxaple to wife and deductible by Husband for income tex purposes. The parties agree that the aforeeaid payments of alimony are neoessary for the support and maintenanoe of Wife and that without suoh alimony payment IS she will not have suffic.tent inOOl\1e from other assets or employment to maintain herself, If ~usband supsequently files tor bankruptoy, this 1\.(j'reement shall constitute conclusive evidence of the parties' intent that HUsband's o~ligation for alimony as herein provided is in the nature of support and maintenance and it not dischargeable in p~nkruptcy under the current bankruptoy law or any amendment thereto. 7. OKILD O~STODY. The parties hereto shall share legal -8- j,l,^, 1111111", I\.IMH IN II' '-1,11'1111 QUlltody of their. minor Clhildren, P/WIP LE:Ji: S'l'OlJClII (porn /?epruary 7, 1965) and J3JUI\N MICIIMI, S'l'OlJClH (born September 24, 1900), Wife Ilhall havfl primary physical cUlltody of the paid minor cnildren supject to reallonable rights of villitation by Huspand conllistent with the pest interellt of the children and the convenience of the parties, Provided, however, that if \'/ife shall move from the COllllllonwealth of Pennllyl vania, then Husband shall have primary rhysical custody of the said IIlinor children subject to reasonable rights of visitation by Wife and Py Wife'S parents consistent with the best interests of the children and the convenience of the rarties, 8, I~BMNIFIqATIO~ VOR PAST OBSTS. E:xcept as otherWise provided in paragraph 5, above, each of the parties hereto covenants and agrees to aSSUme full responsibility for and to pay all debts and obligations of whatlloever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and saVe him or her harmless from all liability or claim on account of said depts and obligations from and after the date hereof. 9. lYTU~B OWNBRSHIP 9F PROPBRTX. Sach of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter a'l,'lquired by him or -9- , , " ' 1,'....'11.1'1. MMI! In II ~,!'I 1\1 I fl i' \, w . her, with full power in him or her to dispose of the same as fully and effectiveiy in all respects and for all purposes as though he or she were unmarried, 10, Wl'l'YAL-JUIIIIW..Iljl. 'I'he partiea aclmowledge that under prllvailing I?llnllsylvania lllw they each have certain possible fiscal rights, including but not limited to the followingl spousal support, alimony pendente lite in the event of a divorce, permanent alimony subsequent to a divorce, recovery of oounsel fees, ooats and expensea in the event of a divorce and the equitable distribution of marital property, as well as the right to seek discovery of assets through interrogatories and/or depositions. It is the intention of the parties hereto that except as otherwise provided herein, all of the foregoing rights and remedies are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving eaoh party of the obligation to the other for any and all of the foregoing possible rights and remedies, except as otherwise provided herein, Specifically, both parties covenant and agree thatl both waive, release and forever relinquish their respective possible rights of spousal support of, from and against the other party, neither party will at any time seek alimony pendente lite, counsel fees, costs or expenses from the other party, neither party will seek discovery of assets, and the parties have effected an equitable \ " i ," -10- " , I/l.Yv'IIIIlI'. MMIlI~j II Mlr,\l III , dietribution qf their marital property and neither will ~eek further distribution by any action at law or in equity, 11. lIl"IlJO'f OF DJVOijOIl ~1ll0~1l1ll. 'l'he part ies covenant and agree that unless otherwise specifically provided herein, this Agreement ~hall continue in full force and effeot after such time as a final deoree in divoroe may be entered with respect to the parties, l2, 1NPIlMNIFIOATIO~ FOR FQTUR. pIlBTS. mach of. the parties herepy covenants and agrees with the other party not tq make, incur or attempt to make or incur any debt or opligation for or. on behalf of the other party hereto, or for which the other party may be held liable, from and after the date hereof, and each of the parties hereto her.eby covenants and agrees to indemnify the other pi'lrty and save him or her harmless from all liability or olaim on aocount of said dept or obligations from and after the date hereof, l3, OTHIlR DOOUMIlNTS. Each of the parties hereto shall, from time to timE!, at the request of the other party, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. l4, pIVO~Om, This Agreement shall not be construed to affect or bar the right of either Husband or Wife to a~ -ll- i,j IflWIJllllt'. M^llIIN /I ""11/\11:11 absolute divoroe or legal and trutheul grounds if they n6w exist OJ: may hej:eafl:er. adse, 'l'his Agreement is not intended to oondone and shall not be deemed to be a oondonation on the part of either paj:ty hereto of any aot or acts on the part oe the other party which have occurred prior to or Which may ocour subsequent to the date her.eof. It is understood, however, that Wife is pursuing an action in divorce (to be filed in the Court of Comlllon Plllal'! of cumberland countYI Pennsylvania) pursuant to Section 3301(0) of the Pi vorce Code of Pennsylvania, on the groundl'! that the marriage is irretrievably broken, and that both rarties agree to execute and eile the appropriate affidavits of consent and waivers neoessary to conolude said aotion in divorce on the basis of. mutual consent as quickly as possible, 15. SBVBRA8I~ITY. The waiver of any term, condition, claulle or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, oondition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a oourt of competent juril'!diotion, all other provisions shall nevertheless oontinue to be in full force and effect, 16, LAW or PBNNSYLV~IA APPLIC~. This Agreement shall, be construed under the laws of the Commonwealth of Pennsylvania. -12- ,; 1,\VYlJ'IIII', MAl II IN It 1\.'11/'11/ It (I , , _.\. 17. ~VIOm QF OO~, Both partie~ covenant and agree , that they have had ample and ~ufficient time to carefully and fully review the terll1~ and provi~iol1a of thi~ Agreement and to ~eek and obtain the advice and ooun~el of an attorney with respeot to the same, Wife haa engaged the servioes of Marlin ~, McCalep, ~~quire, al1d Husband has engaged the ~ervice~ of , ~squire, and each party has oarefully reviewed the terma and conditions of thia Agreement with his or I her re~peotive counael, Both partie~ covenant and agr~e that they fully underatand the facta upon which this Agreement is premiaed and based, that they believe thi~ Agreement to be fair, reasonable and equitable I that aaid Agreement is being entered into freely and vGluntarily by each of them, and that the execution of this Agreement is not the result of any dureaa or undue influence and that it ia not the result of any colluaion or improper or illegal agreement or agreementa. 18. I~BGRATIO~. This Agreement conatitutea the entire underatanding between the partie~ and sUpersede~ any and all prior agree~ents and negotiationa between them. Both partiea further agree that there are no covenanta, condition~, repre~entationa or agreements, oral or written, of any nature whataoever, other than thoae contained herein, 19, BNFORomMBNT. In the event of a breach of thia Agreement by ei ther party, the non-breaching part)' shall have -13- ."/'1""" I ,W'. ntlll", M^"t It I II Mil ,\1111 " . all remediof,l available at law or In oquity frn' ht:lJfWh qf oontraot, inoluding but limitQd to thl3 dght to IlllO for damagef,l, the right to I3poc.inc porfot:mfll)(![J of thll flgrUtIIIl'lIll: 1,111<1 all remediel3 illl provided undor SUr!t1on 3100 (il) illld fJrl<Jt 1,011 3602 (e) 01: tho J,lenlmylvallia Pivorce Code or othor Ilimllut: f,ltatute now in effect and nil amondod or heroilftet.' IJllflctQd, ln addition, any party breach.ing th.iN Mjroelllollt uh1l11 be l.illplfJ to the other party for ap oout.u, .includillg QQUIH,I<ll f<lu/3, reaf,lonably incurred py thfJ lIon-bt.'olloh.illg piH'ty tIJ IJl)I'<)).'OQ hill or her rights under thia Agreemellt, 20, AQ~IIBMIBWJ' B:r:mm~UR.O}f JlI:r:!W.. 'l'h.in (\9t.'001ll01l1: Ilhrill h'! binding upon the pat.'thw herel:~) and the.ir r.ollpodtivo hl~Jt;"J, exeoutors, adminilltratonl alld nlllli~JlH1, IN WI'rNj;lSS WHIilJ<li:Ol;', the put.'t.iea het:oto, illtOlldillrl to 110 legally bound hereby, have het.'eunto I'lot t))rjir IHllldn Hnl! Ilf.Hlill the day and year firf,lt above writtoll, WI'I.'NIilSSIil'rH I ~ _ /i~~l/ ,\, i ~J I,' '~ i ",,' '-, WHAr, -.-.'L\i,"-~'7.~.- ,,'L~,\ld ..\-,_.., l IlhCt.'l~J1' ,l1tougll ~'~ V "! L." \\\ lJ~~~{1LI""-"'__' Wli:Al,l ri~~ ~ Stoi)g I .. 1.4 ' I^Wtil'III', MMII,ltl II /\111M I II . COMMONWBI\J./l'/I OF /?BNNSYINI\NII\) I SS, COUNTY Ol~ CLlrlld:""''f..I'/IJ()) On this, the I()/C. day of A i1~'t!r 1997, before me, a Notary Public in al1df.or-u,e state and county aforesaid, the undersigned officer, personally appeared Mi\RI< p, STOUGH, I(nown to me (or satiaf<,ctodly proven) to be the j;lerson described in the foregoing instrument, andl aolmowledged that be executed the same for the pUl;'poses therein oontained, IN WITNESS WHEREOF, I seal. ",,"u'Z s t my han~ and official (:/v'~ ,vJ t/~-("4f"'(ot (SEl\t,) Notary Public NOlllllnl Senl Mnll/" n, McC,\ u~, N~nlY Public Machan CSllUro IlofQ, Ctlm Iralld CounlY My 0011l11lls01011 /!>plres , ,~, 10ijij ~,l'el. fA' COMMONWEI\LTH OF COUNTY OF PENNSYLVANIA) I CUMl3BRLi\NP) SS. On this, the /~~ day of JGbWM6rf/ 1997, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared S/1IRLE;Y L, STOUGH, lmown to me (or satisfactorily proven) to be the peruon described in the foregoing instrument I and I acknowledged that she executed the Same for the purposes therein contained. IN WITNE;SS WHERE;OF, I hereunto s t my hand and official seal, c -15- Nolll~al Sesl Ma~ln R, McOeleb N~ I achanlcabu ao ,cun ~y COIllI11IS~n ~Plr.. Oto, , 4, 1 . !JYA1Iill11lJLRQklill.'rI!L..BJ11JATJ.!JlULQ.BDJJA AND NOW, this day of t~n .----, , it appearing to t:he Court that the plH'tll'1s IItH'.]t,) o1ro Huspand and Wife and seek this Ordet' in conjul)ct.lull wl,tll II nllill I.learee of Divorce entered in the al::love ,1(Jt:lall th111 ,Jillll.J dnl:.'I, IT IS HSRSI3Y ORDERSD AS F'Or.,LOW8 I 1. This Order creates and r'~cQ(JIll;wll till! .jX1111:lJncrl oC all Alternate Payee '13 rights in and to <l Utl):t it (1) flmp JIJYtll: -Ilpollsored retirement plan which is qllalifi'3d ulldt!): IJl)l:I',ll)J\ !JC) J oj: thtl Internal Revenue Code (the "Codtl") alld 1:110 H:lllp1.QYOII }(lltlr'Jment Income Security Act of 1974 ("8rUSA"), [I; 1.11 InLtllldod to constitute a Qualified Domestic RtlLatiQIlU l)):'d'H" ("r,)lJIW'll under Section 414 (p) of the Code and I'h~ct:loll ;lC)r; (d) (:l) of 8R1SA, 2. The name, addrel'ls, )Jlt'th,liti:"J illld IJurJtal 81lcurity Number of the Plan "Participant" arB! Mark D, Stough 337 Scotch P11lD Roitt! Pillsburg, P,mllllylvnllLa 1'1019 J3irtlldatel May 1.5, I'JfjC) Social Secudty Nllmlwl'l 1.'/!i..,If3-5397 3. The namo, illlcll:',lIHI, hi t'Llldntll illld ,SocIal Securit):' Number of the "Alternllto PilYOl) " iit'O I shidoy [" [ltollC)1I 1,,\W ill "r:1 !, 'MMU.1N n '''kCM.f.1l "::<11 r II "l' "^" . 416 Geary Street New Cumberland, Penn~ylvania 17070 Sirtndatel February 20, 1960 Social Security Numberl 194-56-6779 4. The name of tne Plan to whicn this Order applies is the 'ISJi:CURITY SAVINGS SYS'rEMS, mc" PROFIT SHARING PLAN (the "Plan"), Further, any successor plan to the Plan shall also be subject to the terms of this Order, 5. This Order is entered pursuant to the authority granted in the Divo~ce Code of Pennsylvania (23 P.S, 3101 et seq,), 6, This Order relates to the provision of marital property ri~hts and/or child support to the Alternate Payee as the result of the Decree in Divorce between Participant and Alternate Payee issued this same date, 7. The Alternate Payee shall be treated as the current and/or surviving spouse of the participant for purposes of Sections 401(1.1) (11) and 417 of the Code to the 'extent permitted under the provisions of the Plan, For purposes of determining the eligibility for such CUrrent and/or surviving spouse benefits, the Alternate Payee and the Participant have satisfied the one-year marriage requirement as enumerated in Sections 401(a) (11) and 417 of the Code. 8. This Order is not intended, and shall not be construed in such a manner as to require the Plan, (a) to provide any type or form of benefit option not otherwise provided under the terMs of the Plan, L,N-N 1I/111;lIi MMH,IN " MrCM-EII -2- .1 l;;XlIrJ3I'l' "^" (b) to require the Plan to provide increased benefits determined on the basis of actuarial valuer or (cl to require the payment of any benefits to the Alternate Payee Which are required to be paid to another alternate payee under another Order which was previously deemed to be a QPRO, 9, It is the intention of the parties that this QPRO continue to qualify as a QDRO under Section 414(p) of the Internal Revenue Code I as it may be amerlded or supplemented from time to time, and that the Plan Administrator shall reserve the right to confirm the qualified status of the Order at the time any benefits become payable hereunder, 10, The Court shall retain jurisdiction with respect to this Order to the extent required to maintain the original intent of the parties as stipulated herein and to amend this Order as may be necessary to e~tablish or maintain its status as a QPRO, BY THE COURT, J, l.AW nlll!.I'. M/\JllIN" I\.hl:M.HI , -3- llXIIII3I'l' "^" "1 , -.-. .- ---- , - .--.. - .~.- i ~ ~ ~ ~u~ I~pll ~ ' ~ , I I::i ! ~ l:1 i m ~ ~ ~ 0 If .. -.=:::....- .._-- If... .', . . .. ,," ' I" } I. .. I ,IV'< '11111 I'. to.-lI\1l1ltlll P\.l< 1.\11 n SII!lU,ll:Y I, , S'I'OUClH, IN '1'/1);: C(ll)"'l' OF cOMMON Pi,ii:AS oW [llainti[ f CUM/3~:/U,l\NP COUN'l'Y, Pii:NNSYl,vl\N li\ vs, CIVIL AC'1'ION - 1,1\1'/ NO. 9'/-6216 CIVIL 'n:J1M Ml\RJ< p, S'1'OUO/I, Pefendant ClVIl, l\C'1'ION - IN PlVORCii: WANlll1llJUlSlMIllB'l'IC RllllIAmliLQIUllm /\NO NOW, this II~, day of _~ ~ , 1996, it appeadng to the COUI:t that the pa);'ties hereto are Husband and Wife and seek this O);'de);' in conjunction with a final Pec,eo of Pi vorce entered in the above aotion this same date, IT lS HERE:I3Y ORPE:J1EP AS Ji'OL,LoOWS I 1. This O);'der c);'eatos and recogni~es tho existence of an Alternate Payee'S rights in and to a certain employer-sponsored retirement plan which is qualified under Section 601 of tho Internal Revenue Code (the "Code") and the lJlmployee Retirllment Income Security Act of 1974 ("E:RISA"), It is intended to constitute a Qualified Pomestic Relations O);'der ("QPRO") unde);' Section 414(p) of the Code and Section 206(d) (3) of lJlRISA, 2, The name, add);'ess, birthdate and Social Sllcurity Numbllr of the Plan "Participant" arel Mark P. Stough 337 Scotch Pine Road Pillsburg, Pllnnsylvania 17019 13irthdatel May 15, 1960 Social Security Number I 175-46-5397 3, The nflmll, address, birthdate alld Social Security Number of the "Alternate Payee II arel Shirley L. Stough , t,\'-I-/ '11111 t', MMUlfl1l 1\" 1,\11.11 H6 ()ea~'y Street New Cumberland, Pennsylvania 17070 airthdatel February 20, 1960 Social security Numbel'l 191-56-6779 1. The name of the Plan to which this Order applies is the "SSCUIU'l'Y SAVINGS SYSTSMS, INC" I.:>ROI"I'1' SHARING PI/AN (the "Plan"), I~u).'ther / any SUccessot' plan to the Plat). shall also be subject to the terms of this Order. 5. This Order is entered pursuant to the authority granted in the Pivorce Code of Pennsylvania (23 P,S. 3101 et seq,) , 6. This Order relates to the provision of marital property rights and/or child support to the Alternate payee as the result of the Decree in Pivorce between Participant and Alternate Payee issued this same date. 7. The Alternate Paye~ shall be treated as the current and/or surviving spouse of the participant for purposes of Sections 401 (a) (11) and 117 of the Code to the extent permitted under the provisions of the Phn. For purposes of determining fhe eligibility for such current and/or surviving spouse benefits, the Alternate Payee and the Participant have satisfied the one-year marriage requirement as enumel:'ated ip Sections 101(a) (11) and 117 of the Code, 8. This Order is not intended I and shall not be construed in SUch a manner as to require the Planl (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan, -2- .. (b) to requiro the Plan to providu increased benefits determined on the basis Qf nctuadal vallie/ or (e) to require the payment of any benofitll to tho I\lt(lrIlilte Payee which are requinld to pe paid to anothe~' alternate payee under another Order which was previously deemed to be a QPlw, 9. It is the intention of the parties that this QPRO oontinue to qualify as a QPRO under Section 414(p) of the Internal Revenue Code, as it may be amended or supplemented from time to time, and that the Plan I\dministrator shall reserve the right to confirm the qualified status of the Order at the time any penefits become payable hereunder, 10, The Court shall retain jurisdiction with respect to this Order to the extent required to maintain the original intent of the parties as stipulated herein and to amend this Order as may be necesaary to establish or maintai~ its status as a QPRO, J, 1,\'1011)'1111 MMH.IN II Mil 1'1111 - 3 - r',II/" (1','" r: C:' j' I','::: :: ,,'.,..,' "Y . ',I.. I 'ill/WII" I'" ':, "'I I. .l..... /'l' , '" )'"1'., ' '" 1'1' I'Y 1''''''1 " ,;, '.' , ..., I \'~Jj I,~, r : I \ 3 II~) I {~I",r.~1 ... ,-Ii..' " . I -ag I I f'I -. " , " ;" ,~ 11'1".,,(11/ i (I, 'jI lil'" (/".:,'1- y' ',',