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HomeMy WebLinkAbout03-1431REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for CHERYL L. WEAVER, Plaintiff V. WESLEY O. WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 11411 . UL 6'1-1? CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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. A 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the 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 NOT HAVE A LAWYER 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 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CHERYL L. WEAVER, Plaintiff V. WESLEY O. WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARR DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en ]as paginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por caulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff CHERYL L. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. WESLEY O. WEAVER, ` CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Cheryl L. Weaver, an adult individual who currently resides at 1 Beale Avenue, 1" Floor, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Wesley O. Weaver, an adult individual who currently resides at 1007 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 1982 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its REAGER & ADLER, PC BY: JOANNE HARRISON CLOUGH, ESQUIRE Attorney I.D. No. 36461 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Att_ or ievs for Plaintiff CHERYL L. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. WESLEY O. WEAVER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVOR E UNDER SECTION 301 C OR D OF THE DIVORCE CODE I . Plaintiff is Cheryl L. Weaver, an adult individual who currently resides at 1 Beale Avenue, 1" Floor, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Wesley O. Weaver, an adult individual who currently resides at 1007 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 1982 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1 ) child of this marriage under the age of eighteen years, namely Heather F. Weaver, born on September 15, 1987. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. COUNTI EOUITABLE DISTRIBUTrON 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. matter. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve amicably the property issues in this WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. Respectfully submitted, Dated: By: REAGER & ADLER, PC Joann-e--Harrison Clou h, squire Attorney I.D. No.3646 1 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFI AnoN I, Cheryl L. Weaver, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date r Cheryl L. Wp er W C i CHERYL L. WEAVER, PLAINTIFF VS. WESLEY O. WEAVER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1431 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE BY CER'rIFIED MAIL LYNN EHRENFELD, being duly sworn according to law, deposes and says as follows: 1. That she is an employee of Samuel L. Andes, attorney for the Defendant herein. 2. That on 14 December 2004, she delivered to the U.S. Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No. 7001 0360 0001 3442 1075) return receipt requested, addressed to the Plaintiff herein, a true and correct copy of the Section 3301 (d) Affidavit filed in the above-captioned action. 3. Said return receipt card is attached hereto as Exhibit A are a copy of the certified mail receipt and the return receipt showing a date of delivery to the Plaintiff on 15 December 2004. z LYNN EHRENFEL'D Sworn to and subscriped before me this p&?' day of , 2004. Notary P lic. NOTARIAL SEAL AMY M. HARKINS, NOTARY PUBLIC tFMOYNE BORO., CUMBERLAND COUNTY MY COMMISSION EXPIRES JAN. 31, 2005 C3 0 ?Px ?? rU Postage $ ' I -' Certified Fee M Postmark Return Receipt Fee rq (Endorsement Required) Haire O O Restdoted Detlvery Fee (Endorsement Required) C3 Q Total Postage & Fees $ y `D m jSeni o T1„l _ ,ti A_,.i _ r'R ? or PO Box No. C3 [6hj5Wii;,WW;-W r- ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. A. B. Recoled by (Printed Name) I C. Q Agent ? Addressee 1. Article Addressed to: b -I ?r D. Is delivery address different from item 1? P Yes If YES, enter delivery address below: ? No 3. ice Type ed Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. ResiMed Delivery? (Extra Fee) ? Yes 2. Article Number ( 7001 1136D [11301 3442 11175 Transfer from s - PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 CHERYL L. WEAVER, PLAINTIFF vs. WESLEY 0. WEAVER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1431 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT[ If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on your or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1 . The parties to this action separated on or about 1 December 2002 and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. 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 Pa. C.S. 4904 relating to unsworn falsification to authorities. Date: 8 December 2004 W SLEY ? . WEAVER r.7 is ?= ; ?•' i .. . ?: ?'., ,.. ` ? 1' -r. ? ., t _ { ;. ? ?, ?? CHERYL L. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO. 03-1431 CIVIL TERM WESLEY O. WEAVER, IN DIVORCE Defendant COUNTER-AFFIDAVIT OF CONSENT UNDER & 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): a,"' (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because: ? (i) The parties to this action have not lived separate and apart for a period of at least two(2) years. ? (ii) The marriage is not irretrievably broken. 2. ? (a) I do not wish to make any claims for economic relief. 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. D (b) I wish to claim economic relief which may include division of property or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request a Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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. Dated: ea? CHERY .. WEAVER NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. I-D S v f? ? 5•? i, RECEIVED APR 221005 CHERYL L. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION NO. 03-1431 CIVIL TERM WESLEY O. WEAVER, IN DIVORCE Defendant RULE TO SHOW CAUSE And now this 2? day of .. 2005, a Rule to Show Cause is issued for Husband to show cause as to why the relief requested should not be granted. Rule returnable in 1 o days.-(s 5? SC) 1 c c- r BY THE COURT: J. J 6e l_?5 oa, ? Ali 6c :z laid U Ul SOO" CHERYL L. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 03-1431 WESLEY O. WEAVER, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAM RIGHTS 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. A 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at the 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 NOT HAVE A LAWYER 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 1-800-990-9108 CHERYL L. WEAVER, Plaintiff V. WESLEY O. WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1431 CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORRE. Is desea defenderse de las quejas expuestas en las p6ginas siguientes, debar tomar accion con prontitud. Se la avisa qua is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decision puede tambien ser emitida en su contra por caulquier otra queja o cornpensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio as indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial,. Una lista de consejeros matrimoniales of Common Pleas, Cumberland lCounty l CoProthonotary an la Cumberland urthouse, I County Courthouse Square, Court Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenues Carlisle, PA 17013 1-800-990-9108 CHERYL L. WEAVER, Plaintiff V. WESLEY O. WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1431 CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Cheryl L. Weaver, an adult individual who currently resides at 1 Beale Avenue, 1 st Floor, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Wesley O. Weaver, an adult individual who currently resides at 1007 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Amended Complaint. 4. The Plaintiff and Defendant were married on October 23, 1982 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither Plaintiff nor Defendant is in the military or naval services of the United States or its allies within the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one (1) child of this marriage under the age of eight- n years, namely Heather E. Weaver, born on September 15, 1987. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301(c) or (d) of the Divorce Code. CO T I Plaintiff will file a 3301(d) Affidavit and Provide the EQUITABLE DISTRIBUTII]N 12. Paragraphs one (1) through eleven (11) of this Complaint are incorporated herein by reference. 13. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 14. The parties have acquired marital debt during their marriage. 15. Plaintiff and Defendant may be unable to resolve; amicably the property issues in this matter. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. -2- COUNT If COUNSEL FEES AND EXPENSES 16. Plaintiff lacks sufficient funds to meet the costs and expenses of this divorce action, including the necessary attorneys' fees. 17. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by this action, such costs to be paid by Defendant. WHEREFORE, Plaintiff requests the Court to award counsel fees, costs and expenses to Plaintiff. Respectfully submitted, MCNEES WALLACE & NURICK LLC By D ni:> antor Attom 66378 100 Pine Street P. O. Box 1166 Harrisburg, PA 17108-1166 Attorneys for Plaintiff Dated: August 30, 2005 -3- VERIFICATION I, Cheryl L. Weaver, verify that the statements made in this Amended Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: eryl L. .,aver p? W V 0 C-) G? V> (7y F W c_? fti v T fll rT- ? v j CHERYL L. WEAVER Plaintiff V. WESLEY O. WEAVER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1431 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE INVENTORY OF CHERYL L. WEAVER. PURSUANT TO Pa. R C P 1820 33(a) Plaintiff files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this inventory are true and correct. Plantiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. l? Cheryl eaver, Plaintiff Date: September ? , 2005 ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. ( x ) 1 Real property ( x ) 2 Motor vehicles ( ) 3 Stocks, bonds, securities and options ( ) 4 Certificates of deposit ( x } 5 Checking accounts, cash ( x ) 6 Savings accounts, money market and savings certificates ( x ) 7 Contents of safe deposit boxes ( ) 8 Trusts ( ) 9 Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10 Annuities (x )11 Gifts ( ) 12 Inheritances ( ) 13 Patents, copyrights, inventions, royalties ( x ) 14 Personal property outside the home ( ) 15 Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16 Employment termination benefits - severance pay, workman's compensation claimlaward ( ) 17 Profit sharing plans ( x) 18 Pension plans (indicate employee contribution and date plan vests) ( x) 19 Retirement plans, Individual Retirement Accounts ( ) 20 Disability payments ( ) 21 Litigation claims (matured and unmatured) ( ) 22 MilitaryN.A. benefits ( ) 23 Education benefits ( x) 24 Debts due, including loans, mortgages held ( x ) 25 Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26 Other Revision Date: 8129105 Note: Separation Date: 12/1/02 PLAINTIFF'S MARITAL PROPERTY LIST Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest, individually or with any other person, as of the date this action was commenced. Item No. Description of Property Names of All Owners 1 Increase in value of marital home at 1007 Brentwater Road, Cam Hill PA Husband 2 Increase in value of property in Florida Husband 3 Increase in value of land in Per County, PA Husband 4 Marital portion of SERS account Wife 5 Marital portion of Amtrak Vanguard 401(k) account Husband 6 Marital portion of SERS Deferred Compensation account Wife 7 Marital portion of Railroad Retirement Board Pension divisible benefit components (Tier fl, supplemental annuity, dual benefits Husband 8 PSECU checking account Husband and Wife 10 Marital portion of Blue Chip Federal Credit Union savings account Husband 11 Marital portion of Member's 1 st savings account Wife 12 Marital portion of Member's 1st checking account Wife 13 1988 Dodge SUV Husband 14 1999 Chevy Lumina Husband 15 1980 Ram Charger Husband 11 Household goods Wife NON-MARITAL PROPERTY OF WIFE Plaintiff lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property Item No. Description of Property of All Owners 1 Nonmarital portion of Member's 1 st Checking Account Wife 2 Nonmarital portion of Member's 1st Savings Account Wife 3 Nonmarital portion of SERS Pension Wife 4 Nonmarital portion of SERS Deferred Compensation account Wife 5 ersonal property NON-MARITAL PROPERTY OF HUSBAND Plaintiff lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property Item No. Description of Property of All Owners 1 Premarital value of Marital Home at 1007 Brentwater Road Husband 2 Nonmarital portion of value of Florida property 3 Nonmarital portion of value of Perry County property Husband 4 Railroad Retirement Board Pension Tier I benefits Husband 4 Nonmarital portion of Railroad Retirement Board divisible benefit components (Tier 11, supplemental annuity, dual benefits Husband 5 Nonmarital portion of Amtrak Vanguard 401(k) account Husband 6 Nonmarital portion of Blue Chip Federal Credit Union savings account Husband PROPERTY TRANSFERRED Item No. Description of Property Date of Transfer Consideration Person to Whom LIABILITIES Item No. Description of Liability Names of all Creditors Names of Debtors 1 Mortgage on marital home Washington Mutual Husband 2 Home equity line of credit on marital home Waypoint Bank Husband and Wife 3 Auto Loan for 1999 Chevy Lumina Husband and Wife CERTIFICATE OF SERVICE AND NOW, on this 4 day of September, 2005, 1 hereby certify that I have served a true and correct copy of the within document, via first class mail postage prepaid as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA 17043 4% A Al t Pamela L. Purdy ? ? r-, .-t ?,1?= _rtl t.;y ''/) .? )`; -1 . ?i L< CHERYL L. WEAVER, Plaintiff VS. WESLEY O. WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1431 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant moves the court to appoint a Master with respect to the following claims: ( x) Divorce ( x ) Distribution of Property ( 1 Support ( 1 Annulment ( ) Alimony ( ) Alimony Pendente Lite ( ) Counsel Fees ( x ) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action by her attorney, Deborah Cantor, Esquire. 3. The statutory ground for divorce is: 3C:? 4. Check the applicable paragraph(s): ( 1 The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( x I The action is contested with respect to the above-marked claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to this motion: Date Sam?el L. An` Attorney for Defendant AND NOW 2005, E. Robert Elicker, II, Esquire is appointed Master with respect to the above claims. BY THE COURT, J. ?} h.J _ CJl 1? c= T ' =Z i E3 rr, - i r7 '? CHERYL L. WEAVER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-1431 WESLEY O. WEAVER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 28, 2003. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Cheryl aver Date: November , 2007 ca V "C r CHERYL L. WEAVER, Plaintiff V. WESLEY O. WEAVER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1431 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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. 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 Pa.C.S. Section 4904 relating to unswom falsification to authorities. i " /I U14kJ?? Cheryl L. 16aver Date: November , 2007 C'3 Yr (('' r + ?_ ?y C W V CHERYL L. WEAVER, Plaintiff VS. WESLEY O. WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1431 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) ays have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 decree is entered by the urt and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. /Z'7-07 Dated: WE LEY O EAVE ra e? cn w y L... ?J FF L n CHERYL L. WEAVER, Plaintiff VS. WESLEY 0. WEAVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 1431 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this llAtk day of 71 7? , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated November 7, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, az Edgar B. Bayley, P.J. cc: bra A. Denison Cantor Attorney for Plaintiff et uel L. Andes orney for Defendant MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this `1 day of N011e14 ? .,.2007, by and between CHERYL WEAVER, 1 Beale Avenue, First Floor, Enola, Cumberland County, Pennsylvania (hereinafter referred to as "Wife"), and WESLEY O. WEAVER, 1007 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania, (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on October 23, 1982, in Mechanicsburg, Pennsylvania; WHEREAS, the parties are the parents of Heather F. Weaver, date of birth: September 15,1987; WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC, for Wife, and Samuel L. Andes, Esquire, for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party. acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting -2- the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them. The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. -3- 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, cant' on or engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause that led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, -nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Wife has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 03-1431. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for each party shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this Agreement or the expiration of 90 days. Said Affidavits and Waivers shall be promptly transmitted to -4- counsel for Wife who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that Husband is the owner of that certain house and lot and all improvements thereupon situated at 1007 Brentwater Road, Camp Hill, Cumberland County, Pennsylvania (the "marital residence"). The marital home is encumbered by a home equity line of credit. Husband shall assume or refinance the obligation and shall be solely responsible for all costs and expenses associated with the home. Husband shall refinance or otherwise remove Wife's name from all obligations within 60 days of the entry of the final decree in divorce and pay to Wife the sum of $15,000. Wife shall execute a quitclaim deed concurrently with the execution of this agreement. Said deed shall be held by Wife's counsel in escrow pending the refinance. Wife waives any further equity in the marital home. Should Husband fail to refinance and pay to Wife the sum of $15,000 pursuant to the terms of this agreement, interest shall accrue at a rate of 6% per annum/. 5.2. Contents of Wife's Residence. Contents of Husband's Residence and Other Personal Property. 5.2.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of Wife's residence (located at 1 Beale Avenue, 1St Floor, Enola, PA 17025), including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever -5- nature currently located in said residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. 5.2.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of Husband's residence (located at 1007 Brentwater Road, Camp Hill, PA 17011), including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of.whatever nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.3. Husband's Railroad Retirement Pension Benefits. Wife shall receive fifty (50%) percent of the marital portion of Husband's Non-Tier I benefits from the Railroad Retirement System. The division of the pension shall be effected by a Qualified Domestic Relations Order. The parties have retained Harry Leister of Conrad M. Siegel Associates to prepare such an order and shall equally share the costs of his services. The QDRO is attached hereto as Exhibit A and incorporated herein and shall be signed concurrently with this agreement. 5.4. 401 K (plan no. 092023). Husband shall roll over the sum of $10,000 plus or minus and gains or losses earned from the ate of this agreement to the administration of the order to Wife via a tax-free rollover. Husband has retained Harry Leister to prepare the QDRO. The parties shall equally share the cost of his services associated with the preparation of the QDRO transferring these 401 K Plan funds. The -6- QDRO shall be attached hereto and incorporated herein by reference. The QDRO shall be executed concurrently with the Marital Settlement Agreement. 5.5. Wife's SERS and Deferred Compensation Plan. The parties acknowledge that Wife is the owner of a State Employee Retirement System Plan and a Deferred Compensation Plan. Husband does hereby set over, transfer and assign any and all of his right, title, claim and interest in Wife's State Employee Retirement System Plan and Deferred Compensation Plan. lk) 5.6. Vehicles. Husband is the owner of a ge Pick Up. Wife does hereby set over, transfer and assign any and all of her rights, title, claims and LIu) interest in Husband'swDodge Pick Up. Wife is the owner of a 1999 Chevy Lumina.'^- Husband does hereby set over, transfer and assign any and all of his right, title, claim and interest in Wife's 1999 Chevy Lumina and shall execute any documents necessary to transfer his interest in the vehicle concurrently with the execution of this Agreement. 5.7. Credit Card Debt. The parties have no joint credit card debt. Wife agrees to be solely responsible for the payment of all credit card debt in her individual name and shall indemnify and hold Husband harmless from such debt. Husband agrees to be solely responsible for the payment of all credit card debt in his individual name and shall indemnify and hold Wife harmless from such debt. 5.8. Bank Accounts. All jointly held bank accounts were divided by agreement of the parties. Wife does hereby set over, transfer and assign to Husband all interest in any bank accounts held in his individual name. Husband does hereby set -7- .rte' over, transfer and assign to Wife all interest in any bank accounts held in her individual name. 5.9. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 5.10. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.11. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be -8- awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.12. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or -9- interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2006, each party shall file a separate return. 5.13. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.14. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.15. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him -10- and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.16. Warranty as to Future Obligations. Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5.17. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said -11- property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and of or from any other reason growing out of the marital relationship. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/ALIMONY RELEASE. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony -12- pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in a court of law or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph, or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 8. FINANCIAL CONTRIBUTION TO DAUGHTER. The parties that their child, Heather F. Weaver, is over the age of 18 but that she is bli nd, as a result, partially disabled. They further acknowledge that she i rrently a student at the Harrisburg Area Community College and that Hus d is obligated to pay Wife support for Heather through the Domestic Re ' ns Office of the Court of Common Pleas of Cumberland County, to ction filed to PACSES Number 69410582. The parties agree that H and shall pay, directly to Heather, by arranging for a direct deposit into account in Heather's name, the sum of $600.00 per month, commencing -13- immediately after the support action which obligates Husband to make support payments for Heather to Wife is canceled and continuing through the end of June 201 or upon the death of Heather if she dies prior to that date. Further, the parties that Husband's obligation to make these payments directly to Heather, s be secured and enforced by an Order of Court entered in the divorce action pending between the parties, substantially in the form attached hereto and rked as Exhibit C, and that Heather, as the intended third party beneficiary o is Paragraph and that Order, shall have full legal authority to enforce Husba s obligations to make these payments or, at Heather's electio T Wife shall be itled to enforce said order and shall have available all of the powers, authority , and remedies granted to her by the Pennsylvania Divorce Code. Wife shall omptly after the execution of this Agreement, cancel the child support o r for Heather entered against Husband in the support action and Husband s commence payments under this Paragraph and the order to be entered by the Court, within the first month after the termination of the support action. 9. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of -14- cmow . Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 11. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 12. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 13. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. -15- 14. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: Cheryl L. Weaver 1 Beale Avenue, First Floor Enola, PA 17025 and to Husband, if made or addressed to the following: Wesley O. Weaver 1007 Brentwater Road Camp Hill, PA 17011 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 15. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 16. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. -16- 17. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 18. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and .-shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 19. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 20. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. -17- 21. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 22. AGREEMENT NOT TO BE MERGED. This Agreement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. I NES NESS C', ? I "I Ci- Cheryl L. taver, Wife Wesley eave , usband -18- COMMONWEALTH OF PENNSYLVANIA COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared CHERYL L. WEAVER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2007. COMMONWEALTH OF PENNSYLVANIA NotmW Seal Jeanne M. Bwtwt Notary Public City Of Habsburg. DatOM Canty My Ca n nission E30= June 7, 2011 Pennsylvania Association of Notaries Notary Public -19- COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BEFORE ME, the undersigned authority, on this day personally appeared WESLEY O. WEAVER, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this ?4-?\ day of N o j e-iv-,P e (Z ,2007. Notary Public Mr? ? CHERYL L. WEAVER, ) PLAINTIFF ) vs. ) WESLEY O. WEAVER, ) DEFENDANT ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1431 IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE I hereby enter my appearance on behalf of the Defendant, accept service of the Divorce Complaint, and acknowledge receipt of a copy of the same. 9 April 2003 Samuel L. Andes Attorney for Defendant Supreme Court ID 17225 525 North 12`h Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 ? ? .-?? ? y . ti...J ? M'w ?' _,.? ??'1 yr ? s .. `? € k"'! ? r? "'? I? McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 facsimile dcantorC&-mwn.com Attorneys for Plaintiff CHERYL L. WEAVER, Plaintiff V. WESLEY O. WEAVER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1431 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: The Complaint was served by first-class mail upon Attorney Samuel L. Andes on March 28, 2003. An Acceptance of Service was signed by Attorney Andes on April 9, 2003 and filed with the Court on November 20, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: November 9, 2007; by Defendant: November 7, 2007. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: November 13, 2007; date Defendant's Waiver of Notice was filed with the Prothonotary: November 13, 2007. MCNEES WALLACE & NURICK LLC By ?S ebra D. Cantor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Date: November 21, 2007 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 ' lwkikt?_ )IeannneeMM. arnhart Dated: November 21, 2007 o z ca m i- y, w { rn czl yy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHERYL L. WEAVER No. 03-1431 VERSUS WESLEY 0. WEAVER DECREE IN DIVORCE AND NOW, IT IS ORDERED AND 10 DECREED THAT Cheryl L. Weaver , PLAINTIFF, AND Wesley 0. Weaver 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; kbAk BY THE COURT: ATTEST: J. PROTHONOTARY /.2 - 4 - o7 - &44 y J944r &j., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHERYL L. WEAVER Plaintiff Vs File No. 03-1431 IN DIVORCE WESLEY 0. WEAVER Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by rnaTking "x"] prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated December 4, 2007 hereby elects to resume the prior surname of Cheryl L. Pendell , and gives this written notice avowing his / her intention pure the pro .. pons f 4 S. 704. Date: v?yr'J i ature L a? Signature n ing resumed COMMO ?.?LTH OF PENNSYLVANIA ) COUNTY lV0F?'"'k.?c On the _ 1 .1- day of Mc_j ? , 200 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he she ecuted the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set 7?? her $lset my hand ancial seal. r4! ? COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL N i Joseph L. Grove, Notary Pubk Silver Spring Twp., Cumberland County Commission Expires June'I R! Mombor. Penm*onQ A=Wa! w W NoWda, r 4? ? ? r ? ?? ? C"?t ?:? s ?"S O } , b ? ; ? ? '? :?_ ?? . b ?."" x?`, ? ? ? ? r? ...? ?... ??_? =-?: i ? ?1nuw? ?r yr?ia , , ?.:., :??? .?> # a :?.,,_, ? ?.? Cheryl L Weaver Plaintiff VS. DEC 13 2007 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Wesley O. Weaver NO. 03-1431 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO relates to the provision of marital property rights to the Alternate Payee pursuant to a Marital Settlement Agreement dated j A/t7 y oy,, 200-1 3. This DRO applies to the Railroad Retirement Act ("Plan") and any successor thereto. Wesley O. Weaver ("Participant") is a Participant in the Plan. Cheryl L. Weaver ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 4. The Participant's name, mailing address, Social Security number and date of birth are: Wesley O. Weaver 1007 Brentwater Road Camp Hill, PA 17011 Social Security No.: 179-44-9567 Date of Birth: November 20, 1954 5. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Cheryl L. Weaver One Beale Avenue, First Floor Enola, PA 17025 Social Security No.: 208-42-6793 Date of Birth: July 7, 1960 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. DRO Page 2 6. The Alternate Payee is awarded an interest in the Participant's Railroad Retirement Benefits payable under the Railroad Retirement Act. The Alternate Payee is entitled to direct payments of the amount specified in Section 7 below from the Railroad Retirement Board and which will be payable from the divisible portion of the Participant's benefits. 7. The Alternate Payee is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of Participant's benefits under the Railroad Retirement Act (45 U.S.C. §§231- 231v) which may be divided as provided by Section 14 of that Act (45 U.S.C. §231m). Alternate Payee's share shall be computed as an amount equal to 50% of the marital portion of the Participant's divisible Railroad Retirement benefits determined as of the Participant's date of retirement. For purposes of calculating the marital portion of the Participant's Railroad Retirement benefits, the Railroad Retirement Board shall multiply the Participant's monthly divisible Railroad Retirement benefit by a fraction, the numerator of which is the number of years and months of Participant's service earned under the Plan from October 23, 1982, to December 1, 2002, and the denominator of which is the Participant's total number of years and months of service earned under the Plan as of his date of retirement. Except for the amount awarded to the Alternate Payee above, the Participant shall maintain as his sole and separate property all other pension benefits that the Participant may be eligible to receive from the Railroad Retirement Board based on the Participant's years of service with a railroad employer. 8. The monthly payments under Section 7 shall commence when the Participant commences benefits and upon completion of the necessary paperwork. The Alternate Payee shall continue to receive awarded benefits for as long as the Participant has the right to receive Railroad Retirement Benefits and shall cease at the death of either party. 9. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Railroad Retirement Board of such information as the Railroad Retirement Board may reasonably require from such parties. 10. In the event that the Plan inadvertently pays to the Participant any benefits that are awarded to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately DRO Page 3 reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not awarded to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten days of receipt. 11. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this Order, or that could diminish or extinguish the rights and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, he shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of his actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 12. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend this Order but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit of any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. Entered this day of _.i'm I. CONSENT TO ORDER / C ? i M.9, (I ) J Plaintiff/Al ate Payee Atto or aintiff/ rnate Payee CO) cli .ems r- DEC 19 2007 Cheryl L Weaver Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Wesley O Weaver NO. 03-1431 Defendant QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the parties to this action were married to each other on October 23, 1982, and WHEREAS, this Court has personal jurisdiction over both parties to this action and jurisdiction over the subject matter of this Order in this divorce action; and WHEREAS, the parties have entered into a Marriage Settlement Agreement dated I AL ?g( 2pZ, providing that the Court shall enter this Order; and WHEREAS, it is intended that this will be treated by the Administrator of "The National Railroad Passenger Corporation Retirement Savings Plan for Agreement Employees," as a Qualified Domestic Relations Order; and NOW THEREFORE, that hereby orders it: 1. Definitions. As used in this Order: (a) The term "Participant" means Wesley O. Weaver, Social Security number 179-44- 9567, whose last address is 1007 Brentwater Road, Camp Hill, PA 17011. (b) The term "Alternate Payee" means Cheryl L. Weaver, Social Security number 208-42- 6793, whose last address is One Beale Avenue, First Floor, Enola, PA 17025. (c) The term "Plan" means the "National Railroad Passenger Corporation Retirement Savings Plan for Agreement Employees." 0 DRO Page 2 (d) The "Plan Administrator" is the person or individual acting in the capacity of the Director of Compensation and Benefits or if the position no longer exists, the successor position. 2. This Order is entered pursuant to the State of Pennsylvania Domestic Relations Law, 23 P.C.S.A. §3502, governing the division or marital property, and the "Marriage Settlement Agreement" signed by the Participant and Alternate Payee on I 6h 1z Nan , and made a part of the Divorce Decree by the Court on 3. This Order hereby informs the Plan Administrator that the Participant agreed to distribute $10,000.00 of the account balance in his "Plan" as of A QU 1 V (or the valuation date closest thereto), together with investment income or losses attributable thereto from rl ` k, ZQ)-7 (or the valuation date closest thereto) until the date of distribution. 4. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 3 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 5. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 6. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 7. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 8. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. DRO Page 3 9. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 10. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced). In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 11. Pursuant to Section 414(p)(3) of the Internal Revenue Code, this Order: (a) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, and (b) Does not require the Plan to provide increased benefits (determined on the basis of actuarial value), and (c) Does not require the payment of benefits to the Alternate Payee, which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. DRO Page 4 12. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Entered this- day of , CONSENT TO ORDER PlaintifF/Alt ate Payee Date r laint' Date Attorne qeayee terna t ?1 ?,a/a7 ?l ? CJ Defendan articipant Date 17 ,II,, 20,-1-7 ieyv for efend t/ Date Participant o CE ?' .._ EL act , 1 j C\j tr1 LJ i s ? O C 7 N . a . CHERYL L. WEAVER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW WESLEY O. WEAVER Defendant NO. 03-1431 QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, the parties to this action were married to each other on October 23, 1982, and WHEREAS, this Court has personal jurisdiction over both parties to this action and jurisdiction over the subject matter of this Order in this divorce action; and WHEREAS, the parties have entered into a Marriage Settlement Agreement dated November 7, 2007 providing that the Court shall enter this Order; and WHEREAS, it is intended that this will be treated by the Administrator of "Amtrak's Retirement Savings Plan for Agreement Employees, " as a Qualified Domestic Relations Order; and NOW THEREFORE, that hereby orders it: 1. Definitions. As used in this Order: (a) The term "Participant" means Wesley O. Weaver, Social Security number 179-44-9567, whose last address is 1007 Brentwater Road, Camp Hill, PA 17011. (b) The term "Alternate Payee" means Cheryl L. Weaver, Social Security number 208-42-6793, whose last known address is One Beale Avenue, First Floor, Enola, PA, 17025. (c) The term "Plan" means "Amtrak Retirement Savings Plan for Agreement Employees." (d) The "Plan Administrator" is the person or individual acting in the capacity of the Director of Compensation and Benefits or if the position no longer exists, the successor position. 2. This Order is entered pursuant to the State of Pennsylvania Domestic estic Relations Law, 23 P.C.S.A. §3502, governing the division of marital property, and the "Marriage Settlement Agreement" signed by the Participant and the Alternate Payee on November 7, 2007 and made a part of the Divorce Decree by the Court on A&44X q. x007 3. This Order hereby informs the Plan Administrator that the Participant agreed to distribute $10,000.00 of the account balance in his "Plan" as of December 26, 2007 (or the valuation date closest thereto), together with investment income or losses attributable thereto from December 26, 2007 (or the valuation date closest thereto) until the date of distribution. 4. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 3 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 5. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. T 6. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 7. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 8. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 9. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. 10. The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected the Participant's death (whether before or after benefit payments to the Alternate Payee have commenced.) In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 11. Pursuant to Section §414(p)(3) of the Internal Revenue Code, this Order: (a) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan, and (b) Does not require the Plan to Provide increased bonefits (determined on the basis of actuarial value), and (c) Does not require the payment of benefits to the Alternate Payee, which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. 12. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Entered this Rr day of vv (?? , -4? BY THE C3tJRT Judge v / \ 5 /? 7 (C'? 1 ,???r Date Defendant/Part it, a Date C/ ttorn r aintiff/ Date Attorney for De endant/ Date, t&nate Payee Participant CONSENT TO ORDER E Q t CD 43 vl