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Home My WebLink About98-02237 i q u C() '" ~ ~ ~ ~ l '" '\ " \ \ '\ \ \ \ I / / '" t ., f! f J' / /,jr I. ... ~ - . . ':) . - CJ C"'- rt') t'i '"'11 I . I c...i ~I I ()I ~I I ~*"~~~-*~--~'~'~'~"~'~**'*'~'}*"~-.-~'-**--~~ ~ '"'''''''''' . ".. """" ,.,."...., ".... ,.. ,.., .. '. '., ".'..'. . ~ ~ ~ " " " " ~ s ~ 8 ~ t.~.li .:~:;^ .it:::>>:,. " -:+:. ,:.:,'.:.:.' ,:+i, .:t;: ::.:.' .:+:. ::+:. .:+:. .:+:' .:+:. -:+;. -:+;. -:+;. l~ * ~ ~ " :1 ,',I ~ t ',' .:., :, t:..<i ~ ~ " ,', ~ ,', ~ ,;; " ~ ,'- ~ ~ ~ ~ ,;; " " ~ ~ ',' " " ,;; " " " " ~ $ , ~ $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ;~~'~','7' t PENNA. "",'/ ~,-,",,+ CHARLES I" BEAR. JR,. PIainti(f N (), ?,f$,~,n",:.l.L ctv,u, Term ~~ V(,I'~Il~ JEANNIE. L., BEAR, II Defendant ,. DECREE IN I V 0 R C E -t: z,,~ (()pJ.1 AND NOW, . , '., '.,.. ",',' ~,~, it is ordered and decreed that." , , .,."" ,CHA,RL~S. L,'. .IlEA.R!, JI(.. I,." ' , , "" plaintiff, and. , , . , , , . , " . . , . , . , , ' , , , ~,Ei\t!N.1,E; ,L ,', ,1l,E;~R, . , . , , , , . , , . . , . " defendant, are divorced from the bonds of matrimony. The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; , .. . E,~ t r r. y f , 9,u.'~1 i fl<;d, D,DI~7~,tI C , ReI, '! t ip,'~~, ~r,d ~)C, ,rl! H,lI.'1'! ~. .t.q , , , M.'1J:HIl,l . Se,t.tlem,en t, A.gr.eem.ent, 0.,[. ,No.v,ambe.r, ,JO,., ,2000,., , , '. , , . . . . . . . , . f. J, rothol1olat'y ~ ;~ .:+;. .:+;. .:+:- ':0:' .:+:. .~.:. .:.:. <..:. .:.:. .:.:: ~ ~ ~ .' ~ .' ~ ~ " ~ " ~ ,'j , ,', * ~ I~ '.' .., ~ W v i., ~ ~ ,0 ,,~ . ~ ~ ~ W ~" I~ ~ ~ ~,l ~ W ',' W ... ~ *- '.' W '.' ~ '.' ;.\ * ~ ',1 ~ ',' S ~ ',I ~ .-; y~ " ~.~ ~ '<>?t::i -cc:. c.. c;!q/ ~ . -'l"~ ~ ~.;>_./'..7 ~~";';.....' -Cf=?.or- 2:' ~ . .......,/'~ ~ - ?;; <;.u:?'--.....'" <;~ '--"-"i'c..7 '. ~~" " : , :, 'I CHARI,ES 1.. BEAR, eTR" Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COlrnTY, PENNSYLVANIA CIVIL ACTION - IJ\W 98-22-37 CIVIL TERM JEANNIE L. BEAR, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary, Transmit the record, togother with the following information, to the court for entry of a divorce decree 1 1, Ground for divorce: Jrretrievabl e breakdown under ~ 3301ULL of the Divorce Code, 2, Date and manner of service of the complaint: Comolaint served J2Y. certified mailed on May 15 , 1998. 3, (Complete either paragraph (a) or (b) ,) (a) Date of execution vf the affidavit of consent by ~ 330l(c) of the Divorce Code, by plaintiff 30, 2000; by defendant pecember 6, 2000, required November (b) (1) Date of execution of the affidavit required by ~ 330l(d) of the Divorce Code: ; (2) Date of filing and service of the plai~tiff's affidavit upon the respondent 4, Related claims pending: Entrv of Oualified Domestic Relations Order Dursuant to Marital Settlement Aqreement oJ;, November 30, 2000, 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in ~ 330l(c) Divorce was filed with the prothonotary: December 19, 20~ Date defendant's Waiver of Notice in ~ 3301(c) Divorce w., fil'd with th, prothono,"ry, ,,,"""''''0 18 , "~ ~ ,.) ~)~{! -7 ~ /-~ 7- tJ II Atto ey 'f';'r a ntH Dale F, Shughart, Jr. 35 East High Street, Suite 203 Carlisle, PA 17013 (717) 241-4311 '. .,z- CHARLES L. BEAR, JR., Plaintiff va. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 98 - .(1:131 CIVIL JEANNIE L, BEAR, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT~ You have been sued in court, If you wish to defend against the claims set forth in the follOWing pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. 1\ judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children, When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling, A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NO'J' HAVE A LII.WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ." " CHARLES L, BEAR, JR" Plaintiff !N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ., LAW 98 - ,;).J1'/ CIVI L vs. .JEANNIE L. BEAR, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(0) or 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1, Plaintiff is Charles L, Bear, Jr" who currently resides at 490 Shed Road, Newville, Lower Mifflin Township, Cumberland County, Pennsylvania 17241, since Pebruary, 1998, 2, Defendant is Jeannie L, Be&r, who currently resides at 2114 Newville, Road, Carlisle, West Pennsboro Township, Cumberland County, Pennsylvania 17013, since October, 1993. 3, Plaintiff and Defendant have been bOlla fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married on October 1, 1971, in Newville, Cumberland County, Pennsylvania, 5, The parties separated on September' 11, 1992, 6, There have been no prior actions of divorce or for annulment between the parties, 7, The marriage is irretrievably broken, 8, Plaintiff has been advised of the availability of marriage counselling and that the Plaintiff may have the right to request that the court require the parties to participate in counselling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, COUNT II - EQUITABLE DISTRIBUTION 9, The averments of Paragraphs 1 through a of Count I are incorporated herein by direct reference, , rt: ~l.'!..,.,l-!; (~cr: I:,: ", t(/ u. ('. lI' TP.I U.:':. I U L) (V1 -:'i' ('.1 c',j \...; ( , C,' . j .~ <.t:, (j\ , ,.n "~) C> :f -tt .~~ /b , i '" ~ 0 - - \() f ~ ....;;: tJ -~ :lQ, ~ .is '*' ..a 1_' -;:> +- cl ~ LtQ, 0 (/)c.J ~ ' c1)~ , I ~"'" ....- !I 1~1 !f,t I pI IiI \ ~ t-...:. -- ~ " o,'IJb <<l'/fS I, I. " 1'/'11 b '} ", f.tl'll- "Ii <Iff' , .sIyO 1:'11 t- -0 tIll Cll1q <I ,:? 0 ':1"'1 <1'<6<1 ;J <'., cJ;'i6 .....- .() , ~,y I!Jq 6 ~-.( ) (.' of 1!Jf!0 ,( '(' .){(/~OVI!J%I!JI:' I:'I!J fIIl!J . (." '<0 , 00 V8 (1/f1J~ ' 'lVflt 1. , ~ ' , /j , 0'" l'/flr bef:IJIi, , 0./'~I'Slrlil,/:0(;1i'l' 11C/<iJlt " 98,< l, IJ0"'b Co 0", Co 1. , < < '.3 '1 'l'./' 0", ~l'J' 111""0.. b,. , '" 0 _,.' P _, P< 'Ot'o, "'" A. , D," '"'<~" """.,.... 00", 'PJ.<1 1 <4I'"-i'.~ OIi(>l>. 'l'l!;,b1lA l,t-..lh. :I '<e Iv ~/Jt. '<> <<", -"v./'.I/ bl:'OI( , 'J.'ft <1& f! ill C/ e'l e In i11!J'" ivo ~, I1t'JJ'v ClI1C/ <1l:'l:'i '< 011 I:'ce . iOe of! l1il1et,y Oige of! ,lJ,Pl:'iJ. '<11C/el:' .3. tfte q<i,y<l PJ.<i1 <<, 8eCti 'I ./' C 0ampJ. ft<iv I1tif! f! 1.998 011 .3.3 C/jr"j , .[ Ol1&el1t <iil1t e e1<ip <il1q",' 01. (0) <ljo l:11q. to' &eq '<et'. Of! 'h.. bOO' "'" 'h, , E,,,,> '0".0' '0, 1!Jf!0 Pl:'op I1q th 'I1tl:',y t'he 1& ./' l:'e CI el:'t,y <it Of! C/<it il:'/;' "'l1q vel:' I1j v. './ <i. .r rnq <i f! e Of! etJ;'',j · '0" 'E", 0", - ""'_' ,. '0. '0,," E",. -."b,,, '<6'J eOt "Clt J.& ~ t' e 1:'1 '<eo "g or · '" -, 'h .'.0 ". '.0' '" '0" ~ <1./ to '<11 e <It tf!:>C/ o/:' & Of! "">;' E"." 0 'h, P'O';""'O" "'''0'; -kP.o.,:oo,.,o,o ", '0'0, ' "0, 0 '0 "'. 'h" """, ", . '" _ e'f16 <i'<th o/' f!qJ. ill qo fIIol1" el:' acJ o/:'J.'t '1.8 P <Ie <I thl<l I10t or, '<'0 .1.e<l. CI, 0 t<it-ern IJf!f!i C}<iilh 00 '8, '" el1t C/<1v' "{ "'19 I> ft J.t 0" e/:'ei <i/:'e /:'1!JJ.<iti 11 <i/:'I!J tJ.qA IJg to "'<iqe '<IJ&/y, 0/:'11 0h<i/:'} ;I. ~ e& l, , /]e"" "'/:', CHARLES L. BEAR, JR" Plaintiff vs, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 98-22-37 CIVIL TERM JEANNIE L, BEAR, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce without notice, 2, 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted, 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary, 1 verify that the statements made in this affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa,C,S, ~ 4904 relating to unsworn falsification to authorities, Datel }/(J/I, ,if) Q.O.::lO / jlkAA~ 113../~ L . Charles L. Be a"', Jr. CHARLES L. BEAR, JR" Plaint,iff I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA I CIVl,L ACTION ., LAW 98-22-37 CIVIL TERM va, JEANNIE L, BEAR, Defendant IN DIVORCE AFFIDAVIT OF CONSE~ ~WAIVER OF MARRIAGE COUNSELLING 1, A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 22, 1998, 2, The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree of divorce, 4, 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, 5, I have been advised of the availability of marriage counselling and understand that I may request that the Court require that my spouse and I participate in counselling prior to a divorce decree bei.ng handed down by the Court, I verify that the statements made in this Affidavit are true and correct, I understand that false statements herein are made subject to the penalties of 18 P~~_C,S. ~4904 relating to unsworn falsificati.on to authoritie7/' DATE: ~ ~ ' 200\ / Sworn to and subscribed befor this ~ II day of December, 2000, .tfA.- '~~"- Gr-CR./~ I l' Notarial Seal Brld at Ann Corcoran, Nolar Public ! CafllS/e B01O, Cumberland COllnty , ! My Commlsskm EJ>;plros JLlne 10,2001-' ; --"--- ,- ,..-." _._._-_...-...-.--.~..__...~j ~ e r::.) c,~) iJj/if "'.., /'j'J ~()'-~ :) .~'. ~. '':0 c:( , J): ~ ", , ~!(s' '..-.f .". 1\) J( J . C. -)i'/I ~ '. '. :;:, :,:1 (1;) ;0 '-<;' . ... " 'I '9OmPlote";'" IItIdIOt 2 lot oddlllonll_o. IIllIo wllh to rlOtlva th. ,QamiJk;to - 3, .0, ond 4b /oitQWtng ..rvtce. (lor .n I -Print VOW NmI Met Add,.... on th. rlvme of thl, fonn 10 INI WI cen return tNt .xtra 'ee): ~~~u. J 'AItOOl1It11oIo",,~Iho~onlollhl'noIlpI_,Otonlhl"'cilfflfll"_"'" 1.0 Addr_"'Addr.n ' I '~RoIlIm R(fCI/p/ /loq-' on IhI maJlpIooo bIIow lhIonlc/o flUIllbIr, 2. ~ RIIl1Icfld O.lIvery 'TIll Rllum -", wll.now 10 whem lhIllllcI, wo''--1IJd IhI dll, J I doIivlrld. Con,ult poelmllt.r 10( 1M. I TI'r1Icl. Add.....1d to: ... Artlclo N Jeannie, L. Bear p 198 566 356 j 2114 Nell'ville Road .b,S.rvtceTYPI Car li s 1 e. PAl 7013 [J Roglotorld GCertHlld , [J expI." Mill 0 lneured f o Return RecoIpt lor Mtrchond,. 0 COO iii 7, Data olOollvory << \?~ "'2'-., I 8. Addro_o'. Addr.n (Only H requested .. a"dle./s~) ~ I e. .. EXl-!rarT "A" ",. CHARLES L, BEAR, JR, Plaintiff IN THE COUR']' OF COMMON Pl,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO. 98 - 2237 CIVIL JEANNIE L. BEAR, Defendant IN DIVORCE TO: Dale F, Shughart, Jr, Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant DATE: Tuesday, May 30, 2000 CERTIFICATION 1 certify that discovery is complete as to the claims for which the Master has been appointed, OR IF 01 SCOVERY I S NOT COMPLE'!'E: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions, I , ,. ." IIeor,'1I9.F..OO PROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this i.a. V'-day of ~Jt~ ,2000, by and between CHARLES L. BEAR, JR., (hereinafter referred to as Husband) and JEANNIE L. BEAR, (hereinafter rcfcnd ,0 :1., Wife). WHEREAS, Husband and Wife were manied on October, 1971; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, the Husband has commenced a divorce action against Wife docketed at No,98-2237 in Cuml1erland County, Pennsyl\ .mia, llJld WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights RTld obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bOlUld by the provisions hereof, the parties agree that their recitals fonn a part of this Agreement and waive any right to colUlseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: " nle parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or contact by the other, as fully as i I' he 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 attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere With the pe.aceful existence, separate and apart, from the other, '2 . tute ot \'lite'S in\etes\ \n Husband's "" ..... ,<,.."",.00"" " - of' 11"'''''''' """,... ...,1 ""'':i \<> ,,:.: "",,.,on<' ""'I '" ",",:"pll''''' t .: ~ 0 .b~1 ",,'do "'" VI'" R"'~ on', '" b' """,", bY "..""'" , ",-' "'" "" b." ",on ploO' ~' Rolon"" ,C;;;;" p'" on, In\>"" -''''' un :~\'d ~~~~ emv\o)'et itnV\ell'len\inP, the \'lite sha\\ tecewe " \ rtA t\.c effec\lve da\C 0\ \ US . A r A'Sl\m'ee1'llen a..u ,\I' . between the ua\e 0\ ul b' ," 't QDP,O and UllJ\sterr\ng \he $9,000 to 'I e. 3 . \ ot ')50.00 roade Va)'ab\e \0 Wite, "...... ,,,II "" '" VI If' , ",,,,, " ,'" on"'''' <\ Husband's tetiremen\ . \'lite roa,! nave w\th tesVcc\ to VI" """" ,"'" '" ..'" on' "b. ,'.'" . "" ""'" """I' """,n\> "",,,",,, """ I"'" .' ;"",n _n' .,'" bI' """'" ,,"pI"'. " S . e othet ~ with tespec\ to assets \n . . on' """'. d- "'" "" "" """" '" '" ,\;.. ..... P"- ""'I ""'" p""" ..". ... ","",.'''''' "'~ ~I """,," ' tha\ parties' VOssesSIOn t th art)' """,n "'" w', on' "',''''''' p><>P"" , ., p . 6 . .11 ,f "', ",",,'" ..... \<> .. ""'. """ In .. \. \.v ....,teSents \lie)' nave dlsc\oseO " Eacn V~ "etell, '~r ,r.\.' · ofeefl\ent, , \' rtS ",," "",_.n"" " U"' 0> .... negotl\\ ,0.. '1 . ' det to tina\\~e the divorce, \ne \'lite agtees . . \ \he consent />.ffldllVI\S In 01 1'\Ie VattleS agree \0 ey.ecu e. . _.\ .,,\th tina\\~\ng \he dIvorce case, \0 Vroceeu V'< 1\ , t lhis divotce \\\\ga\\on, g,'" ,..,.. _"'1 ,no>' ""', ,un I,," "'I""''' """,.- ' " ~ " ..' " 9 The parties agree that they wlll not contract or incur any debt or liability for which the other partY might be responsible and shall indemnify and save the other partY hwmless from any and all claims or d~ands made against that partY by rl.'.ason of such debts or obligations incurred by the other partY ' 10 Should a decree, judgment or order of separation or divorce be obtained by either of the parties In this or any other satt' , country, or jurisdiction, ea~h of the parties herchy consents and a!,'rces thaI this Agreement and all of its covenants shall nol be affected in any way by any such separation or divorce; and thaI nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any t(,"1111 of this Agreement, wheth(,"!' or not either or both of the parties shall remllI1)', it being understood by and between the parties hereto thaI this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. 11 is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporate{\ by reference inlo any divorce, judgment or ils decree, This inc('rporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to sw'\'ive any judgment and to be forever binding and conclusive upon the parties, 11 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or daims in or against the estate of such other, of whatever nature arid wherever situate, which he or she noW has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any foroler acts, contracts, engagements or liabilities of such other or by way of dower or courtesy of claims in the nature of dower or courtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's vdll; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the survivmg spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States. or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, r,ounsel fees, costs or expenses, whether arislllg as a result of the marital relation or otherwise, 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, 11 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. (') C) , ~I r.; t".:;i '"tlft. C:::I ,-j r:;-I (Till' ,-) Z~:J tl~l:, .I_! In ..'-< ;~ ~, , ['~ l, 'i; () i Z r ;I;; () I',j , 'r' c: .~-<( .. .:;-'J "J ~n :'T~ :.q en .-r.. a) Date of birthl June 28, 1940 b) . Social Security Number: 188-~2-44l0 c) Addre~s: p, 0, Box 224, Carlisle, PA 17013 3) The period of marriage of the parties from the date of their marriage to the date of their separation is indicated belowl Date of marriage: Date of separation, October 1, 1971 September 11, 1992 SAVINGS PLlIN 4) The Participant is a participant in the Montgomery Wards Savings Plan ("Savings Plan"), which is sponsored by Montgomery Ward. 5) The Alternate Payee is entitled to Nine Thousand ($9,000) Dollars of the Participant's Account Balance under the Savings Plan determined as of September 1, 2000, As of such date, a separate account balance under the Savings Plan shall be established under the name and social security number of the Alternate Payee and shall be credited with the amount stated above. The Participant and the Alternate Payee's separate account balances shall be adjusted separately to reflect realized and unreal.i.zed earnings and losses with r.espect to the assets of the Savings Plan in accordance with the provisions of the Savings Plan beginning from the date as of which such separate account balances are established until the respective account balance is distributed, 6) The Alternate Payee's benefits may commence in accordance with the provisions of the Savings Plan the earlier -2- Plan will not be increased or decreased in the event that the Participant is predeceased by the Alternate Payee either before or after the payment of the Participant's benefit under the Savings Plan commences. 9) The payment of benefits to the Alternate Payee shall not commence later than either, a) Within a reasonable time after the latest to occur of the Participant's termination of employment, the Participant's death, or the date Participant attains or would have attained age 65; or b) Such date as required by !i40l (a) (9) of t.he Code or any other t.han applicable requirement of law, 10) The Alternate Payee shall be solely responsible for all taxes and administration fees, if any, assessed with respect to any payment distributed to the Alternate Payee from the Savings Plan, All distribut ions to t.he Al ternate Payee shall be reported to such government agencies at such times and in such manner together with such information as the Plan Administrator may determino to be required by law. To the extent allowed by law, the Alternate Payee shall be entitled to direct that any cash lump sum distribut.ion to be paid directly to the Trustee of another qualified ret.irement plan or individual retirement account or annuity, The law currently requires twenty (20%) percent federal income tax be withheld on any lump sum taxabl~ amounts paid directly to the Alternate Payee, 11) The Alternate Payee must file an application for benefits on such form as may be prescribed by the Plan -4- t'.'"' Administrator and must provide such information as The Plan may reasonably request, 12) The Alternate Payee may designate a beneficiary any time by following the beneficiary designation procedures in the Plan, as applicable. If the Alternate Payee should die without designating a beneficiary, or the Alternate Payee's designated beneficiary or beneficiaries predeceases the Alternate Payee and the Alternate Payee hns not designated a new beneficiary or beneficiaries, the identity of the Alternate Payee's beneficiary shall be determined according to the beneficiary provision of the Plan, as may be applicable, 13) The Alternate Payee shall keep the Plan Administrat.or advised at all times of the Alternate Payee's current mailing address, 14) This Order does not require either Plan to provide any type or form of benefit or any option not otherwise provided, to provide greater benefits to the Alternate Payee and the Participant determined on the basis of actuarial value than would otherwise be provided to the Participant, or to provide benefits to the Alternate Payee which are required to be paid to any other Alternate Payee under any other Order previously determined to be' a Qualified Domestic Relations Order, 15) This Order is intended to meet all requirements for a QDRO under the provisions of ERISA and the Code and all other applicable laws and any regulations thereunder, and the Court retains jurisdiction to modify this Order to insure compliance with such legal requirements, -5-