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HomeMy WebLinkAbout98-02656 . *'~___'~'_~'~..~M*~"*"~'~"~"~"~' .:+:. ~. .:+:.' .:+:< .:+:. . .:+;.. .:.:. ,~.:' .:.:. .:.:...:c.:'-:"" . . . . '" ... ~ 8 . . .,........ '-'-'->- ...,-- ",-" ~ ~ / .. ~ IN THE COURT OF COMMON PLEAS ~ ~ " l:' '" ~ OF CUMBERLAND COUNTY .., * '" l:' ~ ~ w r,. PENNA. ," ~ ~ ~ ~ r" .'~ ~ ~ ~ C<lro.\.yn '.1'. Erno, Plimtiff qR-:l'SI. No, 99.8495Civ~,1,'ll;lrm 1:.';l '" " ,', ~ ,', ~ ~ ,,' V(ll'..;ll~: ,', ~ ~ "=", John W. &no, ~ '. w r" DefenMnt ~ " ,', ~ " ,', ~ ~ '/ !.' " ~ DECREE IN DIVORCE r2 AND NOW".., ..~'",.I.,,''' *,,~ ~ ... ~ ',' t, ~ '" " ,,~ ~ ~ ~'- " ~ ~ *- decreed that" , "Carolyn ~", Erno , , ".. , " .. , .. , ' .. " plaintiff. ~,' v ~ M,....., and, , , , , , , , , , , , , , , ,J~hn ,w', , ,EJ::r1~, , , , , " , , , , , " , , , , , , , , , , , , , '. defendant, ': ~ '.~ ~ are divorcod from the bonds of matrimony. Further, the Matrirron.ial ~ ~ Settlement Agreement executed by the parties on November 3D, 1999 is **(cont'd) ,,' ~ ~ ~ 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; OONE ~ ~ **(cont'd) incorporated here.in as if fully set forth, for the purposes of enforcement I'"~ ~ =p~~h:~~S~:h~~~O~fm:~I~*~;~:~~ ~ ~~:~~ '~~~e ~~tied::i h~~~ ~rderem to I ~ " ..".. ,........... ...." ..'"......""".."..,.. ",~"'" ..",..,....., I'" ~ .. l~ / v M ! ' . ~ ~ n y (r( (' ~?{{(: l~ I A""",'~~~ J, ~ P"/,tI ~ - , Prothonotary'" * ~ it is ordered and ~ '.' ~ ~ ~ . ~:_"__.....'v,_.,...... .. .~:. '.. ':.:. .>>> .:+;. *;. .::. .:+:. .:+;. .:+;. .:.:. <+:. -:.;. -:.:. -:+.:. -:+;. .:+;. .:+:- .:+;. .:.;. .:+:. .:+:. .:+> .:~:. -:+;. .:+;. .:+:. <+;. .:+:. .';~ ',C;~. PROPERIY.SrnLEMENT AGREEMENT THIS AGREEMENT, made this _SO~. day of Novl!lI'.&e/i!., 1999, is by and between: JOHN W. ERNO, of 404 East Coover Street, Mechanlcsburg, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and CAROLYN T. ERNO, of 1510 St, James Circle, Mechanicsburg, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been ,married on 11 October '1976 and are the parents of children: Heather Erno, bom 11 March 1978, Christopher Erno, born 16 September 1979, David Erno, bom 3 September 1981, and Amy T, Erno, born 5 December 1984; and(herelnafter referred to as "children"); and WHEREAS, certain difficulties have arisen between the parties hereto which have made them desirous of living separate and apart from one another and Wife has initiated an action In divorce filed to No. 98,2656 Civil Term before the Court of Common Pleas of Cumberland County, Pennsylvania; WHEREAS, the parties hereto, Wife being represented by Gary L. Rothschild, Esquire, and Husband by Samuel L. Andes, Esquire, have each exchanged full and complete information as to the property, assets, and liabilities owned and owed by each and have disclosed to each other and to their respective attorneys full information as to the financial status of both parties hereto; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and responsibilities In and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences. after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to I have that agreement mduced to writing, 1 NOW, THEREFORE, the parties hereto, In consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and Intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agrae as follows: 1. CV..sIO.DY. This agreement makes no disposition of tho parties' claims regarding the custody of their minor child, it being the intention of the parties to resolve I that matter privately. In the event the parties cannot agree upon a resolution of that at any time in the future, either party shall be free to petition a court of appropriate jurisdiction for the entry of an order resolving any issues involving custody of the child and each of the parties reserves unto themselves all their claims and defenses with regard to such a potential action. 2, SUPPORT, The parties agree that Husband shall pay to Wife, In satisfaction of his obligation to contribute to the financial support of their minor children, the sum of Nine Hundred Forty.Slx ($946.00) Dollars, per month, commencing with the first day of the first month fOllOWing the date of this agreement. The parties acknowledge that they have attempted to calculate Husband's support obligation in accordance with the support law and guidelines of the Commonwealth of Pennsylvania and acknowledge that financial circumstances may change in the future, particularly as the children are emancipated. Accordingly, the parties agree that the amount of support to be raid by Husband shall be subject to modification by their mutual agreement or, in the absence of agreement, by a court of appropriate jurisdiction and that any subsequent agreement or order of court shall supplant entirely the terms and provisions of this agreement regarding support of the children. 3. COLLEGE EDUCATION EXPENSES. The parties acknowledge and agree that their children, or some of them, may desire formal education beyond high school and both parties acknOWledge their commitment to contribute to the cost of such education for the children, Accordingly, both Husband and Wife hereby agree that, at the time that any of 2 their children pursues formal oduclltion boyond high school, Husband and Wife will each contribute to the aosts of such oducut.ion, beyond tho assots and emnlngs of the children and any flnanclalllld (other than loans) which may be available to the children, In such sums and In such amounts as the parties shall agree at that time. Neither party, however, shall be compelled or expected to contribute to the costs of such education five years after the child graduates from high school. 4, CJ:UJ.D~AUTOMOBILEJ.N.S.UBANC.E, The parties agree that, as long as both of them mutually agree to continue to do so, they will provide, at their expanse, automobile insumnce on the vehicles being operated by eaGh of their children. Husband shall pay fltty-seven (57) percent of the cost of such insurance and Wife shall pay forty' three (43) percent of such cost. They will continue to provide that insurance, and pay for It in the proportions set out In this paragraph until each of the children attains the age of 22 years or until both parties fail to mutually agree to provide and pay for such insurance, Either party shall have the right to terminate their contribution toward the automobile Insurance expense at any time simply by notifying the other party of that decision, 5. LIFE INSURANCE FOR CHILDREN'ilENEFIT BY HUSBAND. Husband agrees that he shall obtain Insurance on his life paying a death benefit of at least $50,000.00 and name the parties' children as the exclusive beneficiaries of such polley, Further, Husband agrees that he shall pay all premiums and take all actions necessary to maintain such Insurance, without reduction in the death benefit, and continuing the children as the exclusive beneficiaries, until the children attain the age of twenty,two (22) years, Further, Husband agrees that he shall provide proof to Wife, at least annually, of the continuation of such Insurance in compliance With this paragraph, 6, INS.URANCE ON WIFE'.sJJFE FOR BENEElI..QF CHILDREN. Wife agrees that she shall obtain insurance on her life paying a death benetit of at least $50,000.00 and name the parties' children as the exclusive beneficiaries of such policy. Further, Wife agrees that she shall pay all premiums and take all actions necessary to maintain such insurance, without reduction In the death benefit, and continuing the children as the exclusive 3 I ~i I! I' I' t" 1'1 Ii, J : , beneficiaries, until the children attain the age of twenty,two (221 years, Further, Wife agrees that she shall provide proof to Husband, at least annllally, of the continuation of such insurance In compliance with this paragraph. 7. INSURANCE ,ONl:tlJ.S.8ANtLsJJf-E.f.QIUlENfEIT-OEJlYlf.E, The parties agree that Wife may choose to obtain insllrance on Husband's life, at her solo expense, Husband agrees that he will reasonably Cooperate with any application for sllch Insurance that Wife may file, to include taking a physical examination. Wife, however, shall bear all the expense of stJch insurance and shall Own the policy. 8. REAL ESTATE. The parties hereto mutually Covenant and agree that the real estate they own joint/y, as tenants by the entireties, and being known and numbered as 1510 St. James Circle, Mechanlcsburg, Pennsylvania, shall be sold for the highest obtainable fair market price therefor. To accomplish sllch sale, the parties hereto represent that they have listed such roal estate for sale with a realtor they mutually selected, and that they will, each of them, cooperate with said realtor and any other perSOn showing or VieWing said property, to effectuate the prompt sale of the property for the highest reasonably obtainable sale price. The parties agree that the proceeds of the sale of said real estate, after the payment of the expenses of said sale, to include a reasonable realtor's commission, shall be applied to pay the mortgage on the property and to pay any and all other liens or encumbrances of record so as to give and deliver a good and marketable title at the time of settlement. The net proceeds of sale of such settlement after the payment of the expenses of the sale and of all liens and encumbrances on said property shall be applied and distributed as follows: A, Husband shall be reimbursed, from the joint proceeds of such sale, the fOllOWing payments he made on behalf of or for the parties' children: (1 ) For the automobile loan on the Dodge Shadow automobile purchased by the parties for their son, Christopher (the total amount of which, on 1 October 1999, was $1,804.00 .1 but which may Increase with payments made by Husband after that date); and (2) Payments made by Husband to Fleet National Bank, to the U.S. Department of Education, or to any educational institution for Christopher which represent payments toward Christopher's educational loans or expenses after the date of the parties' separation (the total amount of which, on 2 October 1999, was $2,486.66 but which may increase with payments made by Husband after that date); and (3) Payments made by Husband to any educational Institution for Heather which represent payments toward Heather's educational expenses after the date of the parties' separation (the total amount of which, on 2 October 1999, was $3,223.00 but which may increase with payments made by Husband after that date), but which said payments shall exclude any payments made on loans used to fund such educational expenses. B. Payment to Husband in the amount of $1,309,65 to reimburse him for a payment he made on behalf of both parties to the Internal Revenue Service to pay past taxes, C, Payment to Wife for her payment of or toward the following credit card accounts: 1. MBNA Mastercard account $2,611.22 2. NationsBank Visa $5,088,01 3, First USA Bank account $1,535,84 4, Advance Mastercard $2,096,56 5, Capital One account $5,758,69 The payments to Wife shall not exceed the total of $17,090.32 and shall be applied by Wife to payor reduce the balances owed on the above accounts 5 and Wife shall be solely responsible for any balance left on those accounts after she receives such funds and shall indemnify and save Husband harmless from any cost, loss or liability caused to him by her failure to pay and satisfy those credit cards in the future. D. The sum of $8,500.00 shall be paid to Wife on account of the loan she took to purchase her 1997 Pontiac automobile, which said loan is in her name alone. Wife shall assume and be solely responsible to pay and satisfy that loan in accordance with its terms and shalllndernnify and save harmless Husband from any loss, cost, or liability caused to him by her failure to do so, E, The sum of $9,000.00 shall be paid to Ed and Dolly Fleager to satisfy a debt owed to them by buth Husband and Wife. F, A payment shall be made to Members First Federal Credit Union to pay the balance owed on the automobile loan for the Dodge Shadow formerly used by Christopher, as of the date of final payment, The balance owed on that loan. at the time of this agreement is apprOXimately $540,00, G. Payment shall be made to U,S. Department of Education to pay the balance owed on Christopher's parents' personal signature college loan as of the date of payment. The balance owed on that loan as of the time of this agreement is approximately $5,500,00. The parties shall cooperate with each other to provide verification of the payments due to satisfy the terms and provisions of this paragraph. After the above payments are made, any remaining net proceeds of sale from the property shall be divided equally between the parties, 9. CREDIT CARDS AND CR~DJT ACCOUNTS, Wife acknowledges that, during the mmlage of the parties, she opened and operated, in her name alone, credit accounts owed to MBNA Mastercard, NatlonsBank Visa, First USA Bank Card, Advance Mastercard, I Capital One Card, and J.C. Penneys, and that she operated a credit account in the joint names of Husband and Wife with Sears Roebuck & Co, Wife represents that the account 6 '... owed to Sears Roebuck & Co. has been paid in full and is now closed and that neither party has any further liability or obligation on that account. Wife further represents to Husband that the other credit card accounts listed in this paragraph were only ever in her name alone and that only she is liable for them. Wife shall pay and satisfy those credit accounts herself and shall indemnify and save Husband harmless from any loss. cost or liability which comes to him as a result of her opening or operating those accounts or not paying them In full. 10, AUI.QMO.fID..ES. The parties agree that Husband shall become the owner of the 1994 Dodge van and the 1987 Skyhawk. The parties agree that Wife shall become the owner of the 1997 Pontiac Grand Am SE automobile. The parties agree that the parties' son, Christopher, shall become the owner of the 1992 Jeep Wrangler automobile. The parties agree that the parties' daughter, Heather, shall become the owner of the 1990 Mitsublshi automobile. The parties hereto mutually covenant and agree to make, execute, and deliver the necessary assignment of title documents and any and all supporting and related documents to complete the transfer and assignment of the title to the said motor vehicles as set forth above, The parties acknowledge that, when the house is sold and the proceeds of the sale are distributed and applied in accordance with this agreement, there will be no debts encumbering the titles to any of the above vehicles (except for the 1992 Jeep Wrangler, which loan Christopher shall pay). In the event there are any remaining debts, the party receiving the vehicle shall be responsible to pay such debt and shall indemnify and save the other party harmless from any loss, cost, or liability resulting from the failure of the party recaivlng title to the vehicle paying such debt. 11, BETIREMENIJ1ENEFITS AND ASSETS. The parties acknowledge that, as a result of their employment during the marriage, Husband is entitled to certain retirement benefits through the Federal Civil Service Retirement System and that Wife is entitled to certain tax-deferred benefits from Associated Cardiologists, P,C. The parties acknowledge that they have exchanged full Information about those benefits, had them examined and 7 valued by experts, and reached agreement upon the distribution of those assets In the future. With regard to such benetlts, the parties agree as follows: A. Wife shall recolve, through a Qualified Domestic Relations Order, a monthly payment of Five Hundred Seventy,Seven and 75/100 ($577.75) Dollars from Husband's civil service retirement benefits, commencing with the ,first month Husband receives such benefits and continuing as long as Husband receives such benefits. In the event that Husbands' benefits are modified because of a cost-of,living adjustment or a similar adjustment resulting from inflation, Wife's share of the benefits will be increased by the same percentage or in the same proportion. If Wife dies before Husband and while she is still receiving those benefits, the benefits shall, after her death, be paid to the parties' children and divided equally between them as long as they continue, to the extent allowed by law and Civil Service regulations, In the event that Husband terminates his employment with the federal govElrnment before receiving his retirement annuity and Is able to obtain a lump sum payment of his benefits, Wife shall receive a portion of those lump sum benefits which shall be In the same proportion as her agreed monthly payment would be to the total monthly benefit Husband was entitled to receive at the time of his retirement. 8, The parties and their attorneys will cooperate to obtain a Qualified Domestic Relations Order, or other order of court, distributing and dividing Husband's retirement benefits in accordance with this paragraph, and the parties will share the costs of such efforts equally between them. C, Husband waives all further right to or claim against Wife's retirement or other tax,deferred benefits with Associated Cardiologists, P,C" or its corporate successor, 12, PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and 8 other household and personal property between them and they mutually agree that each party shall, from and alter the date of the final decree in divorce, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individuolly by the parties hereto, and this agreement shall have the effect of an assignment or raceipt from each party to the other for such property as may be in the individual possessions of eAch of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the final decree In divorce. 13. WAiVER OF AlJMONY AND SUPPOIIT. The parties acknowledge that they are aware of the income, education, income potential. and assets and holdings of the other or I have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other except as expressly provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all of their said rights to support for themself, counsel fees, alimollY, and alimony pendente lite during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 14. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims ariSing out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, Including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the 9 I I i . divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, In consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, except as set forth in this agreement, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of thoir claims to the marital property of the parties llnd the equitable distribution of the same, 15. WAIVER OF PROPERTY CLAIMS AND ESTAli.CI.AlMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the prosent or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise In this Agreement, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims, 16, WAIVER OF OTH.EEU;.LAIMS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or I any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, 10 omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations 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. 17. REPRESENT A TION,AS TO NO DEfiIS. The parties hereto mutually represent to the other than neither of them has Incurred any debts In the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have Incurred or contracted for debts in the name of the other or for which the other Is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto, Both parties hereto represent and warrant to the other party that they ha',e not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 18. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and Income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed this information with an attorney of their choice, or had the opportunity to review this information with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial Information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances, 19. Bfl.EASE, The parties acknowledge that the purpose of this agreement is to divide all of their marital property, resolve all of the economic claims between them, and terminate and conclude any and JII claims one party may have against the other, The 11 .00' 'Ir1' parties acknowledge that each of them has had ample opportunity to consult with an attorney of their choice and to obtain legal representation with regard to this agreement and to the claims which they are terminating hereby. Consequently, each of the parties, for themselves, their heirs, successors, and assigns, does hereby accept the terms and provisions of this agreement in full satisfaction of any claims, of any nature, they may have, or may ever have had, against the other party and each of the parties does hereby waive, relinquish, release, and surrender forever any claim they have against the other party, arising out of their marital relationship, or any other dealing between the parties prior to the date of this agreement, provided, however, that this release shall not exonerate either of the parties from the obligations they expressly make in this agreement, which shall survive the date of this agreement until such obligations are fully performed. 20. CONCLUSION...QEJ)IYORCE, The parties acknowledge that this agreement is made in contemplation of the conclusion by both of them of an action in divorce which has been flied or will be filed shortly by one of the parties hereto. Both of the parties hereto agree that they shall, contemporaneously with the execution of this agreement, execute and deliver to their respective attorney or attorneys, an Affidavit of Consent under Section 3301 (c) of the Divorce Code, consenting to the entry of a final decree in divorce, and a Waiver of further notice for the entry of such decree. Both parties agree that they shall accept the terms and provisions of this agreement in full satisfaction of any claims they may have under the Divorce Code of the Commonwealth of Pennsylvania, including, but not limited to, alimony, alimony pendente lite, counsel fees, equitable distribution, and the like, 21, BREACl:!. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfUlly entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms ond provisions of this agreement, the party L;! CAROL YN T. ERNO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, CIVIL ACTION, LAW JOHNW, ERNO, NO, 98..2656 CIVIL TERM IN DIVORCE Defendant JOINT MOTIONEOR ENTRY Of' QUALIFIED OQMfSTIC RElA nONS OImEB AND NOW come the above'named parties, by their counsel who have signed below, and jointly move the Court to enter the attached Qualified Domestic Relations Order to make equitable distribution of the pension benefits of John W. Erno in accordance with the terms and provisions of the parties' Property SettltJment Agreement. ,J./u~ Gary ~-child 2-3 "€"8-z-~ Attorney for Plaintiff ~'-,.~ ~:Andes 22...~}J OJ Attorney for Defendant ,.,. '\' Plaintiff Carolyn T, Erno v, Defendant John W. Erno In The Court Of Common Pleas Of Cumberland County, Pennsylvania Dooket No, 98.2656 In Dlvoroe COURT QflDER ~~A.eLE FOR PROCESSING 'lot (I\,;) AND NOW, this Jj "'day of . A f\idL~ ,19.---, based on the tlndlngs set forth below In Items one th/bugh five, VV IT IS HEREBY ORDERED, ADJUDGED AND DECREED In items six through seventeen: 1. Parties: The parties hereto were husband and wife, and a divorce action Is in this Court at the above number, This Court has personal jurisdiction over the parties. The parties were married on October 11, 1976. 2. Effeot of This Order as a Court Order Acceptable for Processing: This Order creates and recognizes the existence of a former spouse's right to receive a portion of the employee's benefits payable under the Civil Service Retirement System ("CSRS"). Such benefits represent a portion of the Employee Annuity and a Refund of Employee Contributions. It is Intended to constitute a Court Order Acceptable for Processing under final regulations issued by the Office of Personnel Management ("OPM"). The provislons of this court order are drafted In accordance with the terminology used In Part 838 of Title 5, Code of Federal Regulations. The terminology used In the provisions of this order that concern benefits under the Civil Service Retirement System are governed by the standard conventions established in that part. 3. Employee Information: The name, last known address, social security number, and date of birth of the "Employee" are: Name: John W. Erno ("Employee") Address: 404 East Coover Street, Mechanicsburg, Pennsylvania 17055 Social Security Number: #172-36-1017 Birth Date: February 3,1946 4. Former Spouse Information: The name, last known address, social seourlty number. and date of birth of the "Former Spouse" are: Name: Carolyn T, Erno ("Former Spouse") Address: 6A Roundrldge Road. Mechanlcsburg, Pennsylvania 17055 Social Security Number: #179.44.9932 Birth Date: September 17, 1954 The Former Spouse shall have the duty to notify the OPM In writing of any changes in her mailing address subsequent to the entry of this Order. '., .. CSRS (COAP) , PAGE 2 5. Identification of Retirement System: The Employee will be eligible for retirement benefits under the Civil Servloe Retirement System based on employment with the United States Government. 6. Pursuant to State Domestic Relations Law: This Order Is entered pursuant to the authority granted in the applioable domestic relations laws of Pennsylvania. 7. For provision of Marital Property Rights: This Order relates to the provision of marital property rights of the Former Spouse as a resull of the Order of Divorce between the Employee and Former Spouse. 8. Providing for Parments to Former Spouse: The Former Spouse Is entitled to a portion of the Employee s Gross Monthly Annuity under the Civil Service Retirement System as set forth below, The United States Office of Personnel Management Is hereby directed to pay Former Spouse's share directly to Former Spouse. 9. Amount of Former Spouse's Benefit: This Order assigns to Former Spouse an amount equal to Five Hundred Seventy-Seven Dollars and Seventy-Five Cents ($577.75) per month from Employee's Civil Service Retirement benefits, 10. Cost of Living Adjustments: When Cost of Living Adjustments are applied to Employee's retirement benefits, the same Cost of Living Adjustment shall apply to the Former Spouse's share. 11, Benefit Commencement Date: The Former Spouse shall commence her benefits as soon as administratively feasible following the date this Order Is approved as a Court Order Acceptable for Processing, or on the date the Employee commences his benefits, If later. Payments shall continue to Former Spouse tor the remainder of Employee's Iife.time, However, in the event that Former Spouse dies before Employ-ee, the United States Office of Personnel Management is directed to pay Former Spouse s share of Employee's civil service retirement benefits to surviving children of the marriage, Including any adopted children, In equal shares, Upon the death of any child, that child's share will be distnbuted among the other surviving children, The Employee agrees to arrange or to execute all forms necessary for the aPM to commence payments to the Former Spouse in accordance with the terms of this Order, 12, Refund of Employee Contributions: If Employee leaves Federal service before retirement and applies for a refund of employee contributions under the CSRS, Former Spouse shall be entitled to a prorata share of the refund of such employee contributions, 13. Former Spouse Survivor Annuity: Pursuant to Section 8341 (h)(1) of Title 5, United States Code, Former Spouse shall not be awarded a former spouse survivor annuity under the Civil Service Retirement System. 14, Transfer to FERS: In the event that Employee makes a one-time Irrevocable election to transfer Into the Federal Employees Retirement Systems (liFERS") before his retirement, then Former Spouse shall be entitled to a portion of the Employee's Basic Annuity and/or a Refund of Employee Contributions under FERS calculated in a manner similar to that which Is enumerated In Sections 9 and 12 above for the CSRS annuity and refund, respectively, and payable directly from FERS, DRAFTED: 12/23/99