HomeMy WebLinkAbout00-07080
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
'ITTR(HNTII F. ROYF.R
No.
00-7080 CIVIL TERM
PL1\ UT'1'TFF
VERSUS
TOM L. BOYER,
DF.1"F.NDIIN'I'
DECREE IN
DIVORCE
AND NOW,
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VIRGINIA E. BOYER
DECREED THAT
, PLAINTIFF,
AND
'l'nM T, RnVF.R
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
THE'TERMS OF THE PARTIES NOVEMBER 16, 2000, MARITAL
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NOT MERGED, INTO THIS FINAL DECREE.
ATTEST:
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C:V~P'OTHONOTA'T
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MARITAL SETTLEMENT AGREEMENT
TillS AGREEMENT, made this .,&di day of 7! 0 Ve. N "'" 2000, by and
between Tom L. Boyer, social security number 198-30-1231, hereinafter called
"Husband", and Virginia E. Boyer, social security number 162-36-9555, hereinafter called
"Wife".
WHEREAS, Husband and Wife were lawfully married on July 17, 1982, III
Cumberland County, Pennsylvania;
WHEREAS, differences have arisen between the parties and it is the intention of
Wife and Husband to live separate and apart, and the parties hereto desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real and personal property; the
settling of all matters between them relating to the past, present and future support,
alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general,
the settling of any and all claims and possible claims by one against the other or against
their respective estates.
NOW THEREFORE, III consideration of the premises and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree
as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such place as he or she from time to time shall choose or deem fit. The
foregoing provision shall not be taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their living apart.
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Each party shall be free from interference, authority and control by the other, as
fully as ifhe or she were single and unmarried, except as may be necessary to carry out the
provisions ofthis Agreement. Neither party shall molest or attempt to endeavor to molest
the other, or in any way harass or malign the other, nor in any other way interfere with the
peaceful existence, separate and apart from the other. Neither party shall say or do
anything to negatively influence or alienate the minor children from the other parent.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation between the
parties hereto, cohabitation between the parties, a living-together or resumption of marital
relations between them. They shall not be deemed to have reconciled with the intention of
vitiating or terminating this Agreement unless they make such actions through a written
instrument, executed and acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that either Wife filed on October 13, 2000, with the
Cumberland County Court of Common Pleas, Pennsylvania, to docket number 00-7080,
Civil Term, a no-fault divorce action pursuant to Title 23, section 3301(c) of the
Pennsylvania Divorce Code and amendments thereto; Husband having been served by
certified, United States, First Class Mail, Return Receipt number P 016 244 731 with such
Affidavit of Service having been filed to said docket on October 31, 2000.
It is specifically understood and agreed by the parties that the provisions of this
agreement relating to equitable distribution of property and all other matters contained
herein including but not limited to support, alimony, alimony pendente lite, counsel fees,
costs and/or expenses are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to
the court at the time of filing the complaint in divorce. Upon execution of this agreement,
and only if appropriate pursuant to the Pennsylvania Rules of Civil Procedure, the parties
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agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed
with entering same to the court docket for the purpose of finalizing the divorce action.
Each party shall further execute any and all documents which may require his or
her signature for the purpose of effectuating all of the terms and conditions of this
Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained by either
of the parties in this or any other state, country or jurisdiction, each of the parties hereby
consents and agrees that this Agreement and all of its covenants shall not be affected in
any way by any such separation or divorce; and that nothing in any such decree, judgment,
order or further modification or revision thereof shall alter, amend or vary any term of this
Agreement. It is specifically agreed, however, that a copy of this Agreement or the
substance of the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree. This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement to survive any judgment
and to be forever binding and conclusive upon the parties,
4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL),
COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised or have the
right to obtain advice in regard to the fact that each may have the right to assert a claim
for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further,
Husband and Wife acknowledge that they understand that said rights are available in their
divorce action. Husband and Wife further acknowledge that they are aware of the income,
education, income potential, and assets and holdings of the other or have had full and
ample opportunity to become familiar with such items.
Husband hereby agrees that he shall pay to Wife in the form of non-modifiable
alimony the sum of $200.00 per week which shall be enforceable through the appropriate
Domestic Relations Office (DRO) having proper jurisdiction. The parties hereto
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acknowledge that Wife shall institute an action seeking spousal support and/or alimony
from Husband with said Domestic Relations Office in order for such office to enforce
Husband's alimony obligation and Wife's right to receive such sums as defined herein.
The parties understand and acknowledge that Husband's wages will be attached
for the purpose of payment of his alimony. obligation pursuant to the rules and procedures
of the domestic relations section. Husband's alimony obligation in the amount of $200.00
per week shall be due and payable upon the termination of his spousal support obligation
by way of wage attachment and shall continue each and every month thereafter until
Husband's retirement age with payments due and payable on the same day(s) (date(s))
each month. The parties understand and agree that Husband's retirement age shall be
defined as the age of sixty-seven (67) and for the purpose of effectuating the intent herein.
In the event Husband continues his employment beyond such age, his obligation shall
continue until retirement.
LIFE INSURANCE-
Husband shall keep in place and maintain always a life insurance policy in the face
of amount of not less than $100,000.00 naming Wife as the irrevocable beneficiary so long
as Husband's alimony obligation set forth hereinabove shall be in effect. Upon the
cessation of such obligation, Husband is free to name the beneficiary thereof Wife may
annually request for a copy of the policy evidencing her designation as beneficiary.
In the event Husband fails to pay any of the premiums, dues or assessment that
may become due on his policy or policies within fifteen days prior to a grace date thereof,
Husband shall immediately become indebted to Wife in the amount of such premiums,
dues or assessments, whether or not the same shall have been paid or advanced by Wife.
In the event that any of said policies shall have lapsed or expired, then Husband agrees
that he shall immediately become indebted to Wife in the amount of the initial premium of
a new policy or policies covering the life of Husband in the amount of the policy or
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policies that shall have lapsed or expired, and the Husband's obligation to continue to pay
the premiums on a new policy shall continue as hereinbefore provided.
DISABILITY INSURANCE'
Husband shall upon execution hereof put in place and maintain a Disability Policy
which shall be in effect throughout the entire term of his alimony obligations set forth
herein. In the event of disability, Husband shall immediately instruct his insurer to first pay
Wife all monies defined herein on a montWy basis prior to Husband receiving any funds
from the disability policy whatsoever. Upon Wife's request, but no more than two (2)
times per year, Husband shall provide to Wife evidence that such policy remains in
existence. In the event Husband defaults on the payments of any premiums as required
under said policy or policies, then Wife shall be entitled to make such payments and be
reimbursed dollar for dollar by Husband.
5. EQUITABLE DISTRIBUTION:
PREFACE: The parties have valued to the best of their ability their entire
marital and non-marital estates as evidenced by attached Exhibit A. The parties have
made use of statement values associated with such assets and/or have attributed fair
market values and/or other agreed upon values to such assets and stipulate hereto to such
valuations. The parties desire to effectuate an equal (50/50%) division of all assets
identified in Exhibit A in undertaking these terms of settlement.
A. DISTRIBUTION OF ASSETS:
1. Husband does hereby grant, convey, transfer, aSSign, and deliver and
set-over unto Wife the assets so identified within this agreement; said assets shall be and
remain the sole and separate property of Wife hereafter, free of any claim by or interest of
Husband, regardless of whether such assets were deemed by either of the parties to be
marital property or non-marital property. And further, Husband does hereby waive,
release, relinquish, and surrender forever any and all claim to or interest in said assets,
which shall be and remain the sole and separate property of Wife hereafter.
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2. Wife does hereby grant, convey, transfer, assign, and deliver and set-over
unto Husband the assets so identified within this agreement; said assets shall be and remain
the sole and separate property of Husband hereafter, free of any claim by or interest of
Wife, regardless of whether such assets were deemed by either of the parties to be marital
property or non-marital property. And further, Wife does hereby waive, release,
relinquish, and surrender forever any and all claim to or interest in said assets, which shall
be and remain the sole and separate property of Husband hereafter.
3. ASSET DIVISION:
The parties hereby agree that the following assets shall be divided in accordance
with the schedule herein identified. Husband and Wife agree to execute any and all
documents required to effectuate the intent herein:
A.
REAL ESTATE:
1 Sharon Road, Enola, Cumberland County,
Pennsylvania, 17025:
Husband and Wife are owners as tenants by the entireties of I Sharon Road,
Enola, Cumberland County, Pennsylvania, 17025 (referred to herein as the "premise").
Wife hereby conveys unto Husband all of Wife's right, title and interest in the premise and
shall execute upon request a Special Warranty Deed reflecting her relinquishment, waiver
and abandonment forever. Husband shall indemnifY and hold Wife harmless for all past,
present and future indebtedness on the premise including all real estate taxes, utilities and
municipal assessments.
It is agreed and understood that in exchange for Wife's relinquishment to her share
of the marital value of the premise, Husband has prior to the execution of this agreement
refinanced the premise and has paid to Wife her fifty (50%) percent share of the equity in
the premise.
B. DISTRIBUTION AND WAIVER OF PERSONAL 1) MARITAL,
TANGffiLE AND INTANGffiLE, ASSETS AND 2) NON-MARITAL,
TANGffiLE AND INTANGffiLE, ASSETS:
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1. Husband and Wife do hereby acknowledge that they have as identified
herein in Exhibit A attached hereto divided to their mutual satisfaction all non-marital and
marital assets including, but without limitation, business interests, partnership( s),
inheritance(s), jewelry, clothing, all retirement accounts, 401k's and pensions, brokerage
accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement
Accounts, checking and savings accounts including Husband's ABFCU savings and
Mellon checking and Wife's Belco checking & savings accounts, mutual funds, and other
assets whether real, personal or mixed, tangible or intangible.
2. Husband and Wife further acknowledge and agree that the assets in the
possession of the other spouse unless otherwise so divided by way of this agreement shaH
remain that spouses sole and separate property, each party hereto specifically waiving,
releasing, renouncing and forever abandoning whatever claim, if any, he or she may have
with respect to any of the foregoing items which are the sole and separate property of the
other.
C. AUTOMOBILES:
Husband shaH retain the 1999 Ford Pickup, and Wife shall retain the 2001 Subaru.
and that the vehicles in their respective physical possession shaH remain the possession of
the party and each shaH cooperate if necessary in executing any and all documents to
reflect such ownership, including but not limited to titles, insurance documentation and
registration forms.
Husband and Wife do hereby waive, release, and relinquish any and aH claim to or
interest in the motor vehicle in the possession of the other. If the title to any vehicle is
encumbered by any debt or obligation, Husband and Wife agree that they shall each be
solely responsible for and shall pay and satisfy said obligation, in accordance with its terms
and provisions, and shaH indemnify and save the other harmless from any loss, cost, or
expense caused to either by their failure to make payment of such debt.
D. HUSBAND'S Central Pennsylvania Teamster's Defined Benefit Plan:
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Husband hereby agrees that Wife shall receive Fifty (50%) percent of the entire
value of Husband's Central Pennsylvania Teamster's Defined Benefit Plan by way of a
Qualified Domestic Relations Order (QDRO) including, if available, Husband's election of
survivor benefits on behalf of Wife. The pension has a present value of $46,857.00 as
determined by a pension valuation report dated October 30, 2000 which is attached in part
in Exhibit B and being fully incorporate herein as if fully set forth. Wife's share shall be
$23,428.50. Wife's distribution shall be transferred to Wife via a Qualified Domestic
Relations Order ("QDRO"), a copy of the draft being attached hereto within Exhibit B. It
is the intention of the parties to file a motion with a court of competent jurisdiction upon
the entry of the final decree in divorce requesting confirmation of the QDRO. The parties
shall cooperate to whatever and to the fullest extent in order to effectuate the entry of a
valid, binding and enforceable QDRO as soon as practicable.
The parties shall instruct the administrators and the trustees of the pension plan to
take all actions necessary to carry out the terms of this agreement. Further, Wife shall be
the irrevocable beneficiary of the survivor's benift plan ("SBP") through Husband's
pension. Husband shall execute the required paperwork to make or extend the election of
Wife as beneficiary and shall do nothing to reduce or eliminate that benefit to the Wife.
Husband shall elect the spouse-only option and shall select as the base amount the full
amount of his montWy retired pay.
E. HUSBAND'S Central Pennsylvania Teamsters Retirement Income Plan:
Husband hereby agrees that Wife shall receive Fifty (50%) percent of Husband's
Central Pennsylvania Teamster's Retirement Income Plan by way ofa Qualified Domestic
Relations Order (QDRO) including Husband's election of survivor benefits on behalf of
Wife. The basis of the value of the pension to be divided has been obtained by the
statement attached hereto in Exhibit C and is incorporated as if fully set forth herein.
Wife's distribution ($75,077.33) shall be transferred to Wife via a Qualified Domestic
R~lations Order ("QDRO"), a copy of the draft being attached hereto within Exhibit C. It
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is the intention of the parties to file a motion with a court of competent jurisdiction upon
the entry of the final decree in divorce requesting confirmation of the QDRO. The parties
shall cooperate to whatever and to the fullest extent in order to effectuate the entry of a
valid, binding and enforceable QDRO as soon as practicable.
The parties shall instruct the administrators and the trustees of the pension plan to
take all actions necessary to carry out the terms of this agreement. Further, Wife shall be
the irrevocable beneficiary of the survivor's benift plan ("SBP") through Husband's
pension. Husband shall execute the required paperwork to make or extend the election of
Wife as beneficiary and shall do nothing to reduce or eliminate that benefit to the Wife.
Husband shall elect the spouse-only option and shall select as the base amount the full
amount of his monthly retired pay.
F. INTENT:
This Agreement is intended to distribute all property of the parties, whether real or
personal, and whether determined to be separate or marital property. In the event that any
property may be omitted from this Agreement, it is understood and agreed that the person
having possession and/or title to such property following the execution of this Agreement
shall be deemed the owner thereof and each of the parties will execute any and all legal
documents without any charge therefor to evidence title to such property in the other
party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and
deliver to the other any deeds, documents, records or closing statements relating to the
sale of real estate under this Agreement, bills of sale, assignment, consents to change of
beneficiary on insurance policies, tax returns and other documents and do or caused to be
done any other act or thing that may be necessary or desirable to the provisions and
purposes of this Agreement. It is understood that each party shall be requested and be
required to execute the appropriate change of ownership forms for their respective IDS
accounts.
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TAXES: Husband hereby agrees to pay aU income taxes assessed against him, if
any, as a result of the division of the property of the parties hereunder. Wife hereby
agrees to pay all income taxes assessed against her, if any, as a result of the division of the
property of the parties hereunder.
6. AFTER ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of property, be they real, personal or mixed, tangible or
intangible, which are hereafter acquired by him or her, 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.
The parties hereby agree that, as to all assets not specifically mentioned herein
which are presently titled in the sole name of one of the parties hereto' or, if untitled, are
presently in the sole possession of one of the parties hereto, the party not having title
thereto or possession thereof hereby waives, releases, relinquishes and forever abandons
any and all claims therein, and acknowledges that the party having title or possession of
such items shall be the sole and exclusive owner thereof.
7. DEBTS:
A
Wife's Debts:
Wife represents and warrants to Husband that since
the parties' separation she has not and in the future she will not contract or incur any debt
or liability for which Husband or his estate might be responsible and shall indemnify and
save harmless Husband from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
B.
Husband's Debts:
Husband represents and warrants to Wife that since
the parties' separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnify and save
harmless Wife from any and all claims or demands made against her by reason of debts or
obligations incurred by him.
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c.
Marital Debt:
The parties acknowledge that each shall be
individually responsible for and solely liable for the debts identified hereinbelow and shall
further indemnifY and hold the other harmless to every and all extent including but not
limited to all past, present, and future fees, costs and/or expenses associated with the
collection of such debts, judgments, interest, taxes and suits. Further, each shall have such
creditors identified herein release the non-responsible party from such installment
obligation whether such is a loan or credit card. N/ A
D.
Indemnification:
All further debts incurred by the parties shall be their
individual responsibility. Each party represents and warrants to the other that he or she
has not incurred any debt, obligation, or other liability, other than described in this
Agreement, on which the other party is or may be liable. Each party covenants and agrees
that if any claim, action or proceeding is hereinafter initiated seeking to hold the other
party liable for any other debts, obligations, liability, act or omission of such party, such
party will at his or her sole expense, defend the other against any such claim or demand,
whether or not well-founded, and that he or she will indemnifY and hold harmless the other
party in respect of all damages as resulting therefrom. Damages as used herein shall
include any claim, action, demand, loss, cost, expense, penalty, and other damage,
including without limitation, counsel fees and other costs and expenses reasonably
incurred in investigating or attempting to avoid same or in opposing the imposition thereof
or enforcing this indemnity, resulting to Husband or Wife from any inaccurate
representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this
Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to give
the other prompt written notice of any litigation threatened or instituted against either
party which might constitute the basis for a claim for indemnity pursuant to the terms of
this Agreement.
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8. FULL DISCLOSURE:
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 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 this court or any other tribunal
equitably distribute or divide their marital property. The parties acknowledge that they
have been fully advised and informed of the wealth, real and/or personal property, estate
and assets, earnings and income of the other and are familiar with and cognizant of such
and the value thereof, or has knowingly waived such advice and/or information. The
parties hereto have been fully advised and informed of all rights and interests which,
except for the execution and delivery hereof, have been conferred upon or vested in each
of them by law with respect to the property or estate of the other by reason of their marital
status, or has knowingly refused or waived such advice or information.
9. RELEASES:
Except as otherwise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or past,
present or future support, division of property including income or gain from property
hereafter accruing, right of dower and courtesy, right to act as administrator or executor
in the estate of the other, right to distributive share in the other's estate, right of exemption
in the estate of the other, or any other property rights, benefits or privileges accruing to
either party by virtue of said marriage relationship, or otherwise, and whether the same are
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conferred by the statutory law or by the common law of the Commonwealth of
Pennsylvania, or any other state, or of the common law ofthe United States of America.
It is further specifically understood and agreed by and between the parties hereto,
that each party accepts the provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said parties' rights against the other for any past, present and
future claims on account of support, maintenance, alimony, alimony pendente lite, counsel
fees, costs and expenses, equitable distribution of marital property and any other claims of
each party, including all claims raised by them in the divorce action pending between the
parties.
10. BREACH:
If either party breaches any provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach. The party breaching
this contract shall be responsible for the payment of legal fees and costs incurred by the
other in enforcing his or her rights under this Agreement, or seeking such other remedy or
relief as may be available to him or her.
11. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of counsel
regarding the provisions of this Agreement and their legal effect in advance of the date set
forth above to permit such independent review. In the event either party elects to execute
this agreement without the advice of counsel, he/she shall nevertheless be bound hereby
and he/she specifically and knowingly waives his/her right, if any, to utilize hislher lack of
legal representation as a basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel from his or her selection, and that each fully
understands the facts and has been fully informed as to his or her legal rights and legal
obligations, and each party acknowledges and accepts that this Agreement is, and the
circumstances, fair and equitable, and that it is being entered into freely and voluntarily,
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after having had the opportunity to receive 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.
12. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that this Agreement is fair and equitable, that it is being entered into
voluntarily and that it is not the result of any duress or undue influence. Further, each
party acknowledges that he or she has the mental capacity to understand the terms
provided herein and has not been placed under duress, coercion or any physical or mental
stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth
herein.
14. PRIOR AGREEMENT:
It is understood and agreed that any and all property settlement agreements which
mayor have been executed prior to the date and time of this Agreement are null and void
and of no effect.
15. MODIFICATION AND WAIVER:
Any modification or waiver of any provision of this Agreement shall be effective
only if made in writing and executed with the same formality as this Agreement. The
failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature.
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance with the
laws ofthe Commonwealth of Pennsylvania.
I have read & understand the contents on this page TLfi/l!.1; VEB J
page 14
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17. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent covenant and
agreement.
18. VOID CLAUSES:
If any term, condition, clause, or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition, clause
or provision shall be stricken from this Agreement and in all other respects this Agreement
shall be valid and continue in full force, effect and operation.
19. DISTRIBUTION DATE:
The parties hereto acknowledge and agree that for purposes of distribution of
property as provided for in this agreement, the date of execution of this agreement shall be
known as the Distribution Date.
20. DATE OF EXECUTION:
The parties hereto acknowledge and agree that the date of execution referred to
herein shall be known as the last date upon which either party executes this agreement.
1 have read & understand the contents on this page TL~; VEB fl:6
page 15
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IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESS:
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Notarial Seal
Rita B. Dallago, Notary Publtc
Harrisburg, Dauphin COUnty
My Commission Expires Sept. 5. 2002
Member, Pennsylvania Association of Notaries
Commonwealth of Pennsylvania
COUNTY OF
On this, the .JMday of 7l~ , 2000, before me, a Notary Public,
personally appeared Tom L. Boyer, known to me to be the person whose name is
subscribed to the within Settlement Agreement and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
;iJ; jJ_+
NOTARY PUBLIC
My Commission Expires:
CommonweahhofPenns0vania
ss.
COUNTY OF
On this, the M day of J/~ , 2000, before me, a Notary Public,
personally appeared Virginia E. Boyer, known to me to be the person whose name is
subscribed to the within Settlement Agreement and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
1-:l1Jj~
NOTARY PUBLIC
My Commission Expires:
I have read & understand the contents on this page TLBfu; VEB {J!::ff
page 16
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ASSET VAUJE ffiJSBAND WIFE
1 Sharon Road equity $27,103.00 $27,103.00
Certificate of Deposit $2000 $2000
2001 Subaru lease no value
1999 Ford Pickup x wi debt
household furnishings amicable division x x
Husband's Teamsters $150,154.66 $75,077.33 $75,077.33
Retirement Income Plan by way ofQDRO
(see Exhibit C - statement)
Husband's Teamsters $46,857.00 $23,428.50 $23,428.50
Defined Benefit Plan by way ofQDRO
50/50 division
EXHIBIT A
1 have read & understand the contents on this page TLB~ VEB M
page 17
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EXHmJT B
Central Penn$ylvania Team$ter's Defined Benefit Plan statement dated May, 2000
& PAC October 30,2000 Valuation
& Proposed QDRO
Virginia E. Boyer,
SS#162-54-9555
Plaintiff
In the Cour of Common Pleas
Cumberland County, Pennsylvania
No: 00-7080 Civil Term
Tom L. Boyer,
SS#198-30-1231
Defendant
Civil Action - Law
In Divorce
QUAUFIED DOMESTIC REJ,ATIONS ORDER
Upon receipt of a certified copy of this judgment, the administrator(s) of the plan
shall divide the account of the Member, Tom L. Boyer, into two (2) accounts; one for the
Alternate Payee, Virginia E. Boyer, consisting of one-half of the account as of May, 2000,
after adjustments for earnings, appreciation, and contributions; the remaining balance in
the account shall be retained for the Member, Tom L. Boyer. No credit shall be made to
the Alternate Payee's account with respect to contributions made by the Member or by the
employer or with respect to fOlfeitures of accounts of other participants in the plan after
May, 2000.
The plan administrator( s) shall distribute to the Alternate Payee the lump-sum
amount set aside for her in the account as outlined above. Receipt of a certified copy of
this. judgment by the plan administrator( s) shall fulfill all requirements of the plan as to
notice and request for withdrawal by the Alternate Payee. Distribution to the Alternate
Payee shall be made as soon as administratively possible and shall take no longer than
would a request by a participant for withdrawal.
This provision is designed to meet the definition of a Qualifi'ed Domestic Relations
Order under Section 206(d)(3)(C) and (D) of the Employee Retirement Income Security
Act of 1986 as amended and Section 414(p)(2) and (3) of the Internal Revenue Code of
1986 as amended. The requisites for such an order are fulfilled in the following provisions
of this instrument.
The name, address and social security number ofthe participant are as follows:
Tom L. Boyer, social security number 198-30-1231.
The name, address, and social security number of the Alternate Payee are as
follows: Virginia L. Boyer, 115 George Street, Enola, PA 17025; social security number
162-36-9555.
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The Alternate Payee's interest shall be detennined by taking thepresent value of
the plan and dividing it by 50%. Any other computations in order to accomplish the
division of Participant's montWy retirement benefit identified in Exhibit B as $380.24 per
month shall be accomplished by the Plan Administrator and/or the Participant and
Alternate Payee by taking the appropriate steps.
The payments required from the plan shall be in accordance with the Plan's rules
and regulations.
The name of the plan for which this order applies is: Central Pennsylvania
Teamsters Defined Benefit Plan.
The terms and provisions ofthis instrument are not to be construed to:
o Require a plan to provide any type or form of benefit or any option (with the
exception of the payment to the Alternate Payee as provided above) not
otherwise provided under the plan;
o Require a plan to provide increased benefits (determined on the basis of
actuarial value); or
o The Alternate Payee shall have the duty to notifY the plan administrator(s) in
writing of any change in her mailing address.
It is the intention of the Court that the distribution by the plan to the Alternate
Payee shall be taxable to the Alternate Payee under the provisions of Section 72(m)(10)
and 402(a)(9) of the Internal Revenue Code of 1986. Subject matter jurisdiction over the
parties is expressly reserved for the purpose of amending this instrument in the event that
a plan administrator or any court of competent jurisdiction determines that this instrument
does not meet the definition of a Qualified Domestic Relations Order.
If possible, the Member shall allow this plan to be amended so that the award to
the Alternate Payee is portable, as long as doing so does not result in an adverse tax
consequence to the Member or employer.
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1 have read & understand the contents on this page T~ ; VEB JJt
page 19
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THE CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN
1055 SPRING STRl;ET
WYOMISSING, PA :.:1610
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MAILING ADDRESS P.O. BOX 15223
READING, PA 19612-5223
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1999 ESTIMATED EMPLOYEE BENEFIT STATEMENT
5/2000
BOYER TOM LEE
1 SHARON RD
ENOLA PA 17025-1824
SOCIAL SECURITY
198-30-1231
1. BIRTH DATE - 5/12/1939
2. SPOUSE NAME -VIRGINIA E
3. SPOUSE BIRTH DATE - 06/22/1946 ,
4. SPOUSE ,SOCIAL SECURITY NO. - 162-36-9555
5. REPORTED DATE OF HIRE - 08/08/1966 '
6. AGE W1lEN HIRED - 27
7. ,VESTED STATUS - 100% VESTED
8. DEFINED 'BENEFIT PLAN LEVEL - I
9';::LAST CONTRIBUTING EMPLOYER - ARKANSAS'BEST Fl"-BIGHT SYS INC
10.' STATEMENT REFLECTS BENEFITS ACCRUED THROUGH - 12/31/1986
11. ESTIMATED NORMAL RETIRID1ENT DATE - 06/01/1996
12. TOTAL ACCRUED BENEFITS
VESTING SERVICE
THROUGH 12/31/1999
27 YEARS
BENEFIT SERVICE ,
THROUGH RI?'START
15 YEARS I
BENEFIT EARNED
$380.24
THIS STATEMENT IS AN ESTIMATE OFiYOUR ACCRUED BENEFIT, PAYABLE IN THE
FORM OF A SINGLE LIFE ANNUITY AT'NORMAL RETIREMENT AGE. IT IS SUBJECT
TO VERIFICATION AT THE TIME OF RETIREMENT, AND DOES NOT TAKE INTO
ACCOUNT THE EFFECT OF RECIPROCAL.PENSIONS. THE BENEFIT LEVEL LISTED
ABOVE ASSUMES THAT YOll WORKED AT LEAST 1,000 HOURS AT THAT LEVEL DURING
YOUR LAST YEAR OF PARTICIPATION UNDER THE DEFINED BENEF!T PLAN.
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PENSION ANALYSIS CONSULTANTS, INC.
PENSION VALUATION REPORT
DATE: October 30, 2000
PREPARED FOR: James A. Miller Esq.
NAME: Tom Lee Boyer
EMPLOYER: Central Pennsylvania Teamsters
PLAN: Defined Benefit Plan
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Birth Date:
Entry Date:
Marriage Date:
Cut-off Date:
Valuation Date:
05/12/39
12/31/72
07/17/82
10/10/00
10/30/00
Retirement Age: 62
Retirement Date: 06/01/01
Status: Terminated 12/31/86
Sex: Male
Age 61
1) Accrued monthly pension at cut-off date
~;;
$380
~) GATT annuity factor (present value of $1 per year
1" annuity)
10.2757
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31.. ,Present value (12 x item 1 x item 2)
46,857
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EXHmIT C
Central Pennsylvania Teamster's Retirement Income Plan
n M 2
& Proposed QDRO
Virginia E. Boyer,
SS#162-54-9555
Plaintiff
In the Cour of Common Pleas
Cumberland County, Pennsylvania
No: 00-7080 Civil Term
Tom L. Boyer,
SS#198-30-1231
Defendant
Civil Action - Law
In Divorce
QUALIFIED DOMESTIC RELATIONS ORDER
Upon receipt of a certified copy of this judgment, the administrator(s) of the plan
shall divide the account of the Member, Tom L. Boyer, into two (2) accounts; one for the
Alternate Payee, Virginia E. Boyer, consisting of one-half ($75,077.33) of the account as
of December 31, 1999 ($150,154.66) after adjustments for earnings, appreciation, and
contributions; the remaining balance in the account shall be retained for the Member, Tom
L. Boyer. No credit shall be made to the Alternate Payee's account with respect to
contributions made by the Member or by the employer or with respect to forfeitures of
accounts of other participants in the plan after December 31, 1999.
The plan administrator( s) shall distribute to the Alternate Payee the lump-sum
amount set aside for her in the account as outlined above. Receipt of a certified copy of
this judgment by the plan administrator( s) shall fulfill all requirements of the plan as to
notice and request for withdrawal by the Alternate Payee. Distribution to the Alternate
Payee shall be made as soon as administratively possible and shall take no longer than
would a request by a participant for withdrawal.
This provision is designed to meet the definition of a Qualified Domestic Relations
Order under Section 206(d)(3)(C) and (D) of the Employee Retirement Income Security
Act of 1986 as amended and Section 414(p)(2) and (3) of the Internal Revenue Code of
1986 as amended. The requisites for such an order are fulfilled in the following provisions
of this instrument.
The name, address and social security number of the participant are as follows:
Tom L. Boyer, 1 Sharon Road, Enola, PA; social security number 198-30-1231.
The name, address, and social security number of the Alternate Payee are as
follows: Virginia L. Boyer, 115 George Street, Enola, PA 17025; social security number
162-36-9555.
I have read & understand the contents on this page 1LB~' VEB .LEd
page 20
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'Boyer MSA
The Alternate Payee's interest shall be determined by taking one-half of the entire
value of the plan as of December 31,1999; said entire value being $150,154.66.
The number of payments required is one(l) from the plan.
The name of the plan for which this order applies is:
Central Pennsylvania Teamsters Retirement Income Plan.
The terms and provisions of this instrument are not to be construed to:
o Require a plan to provide any type or form of benefit or any option (with the
exception of the payment to the Alternate Payee as provided above) not
otherwise provided under the plan;
o Require a plan to provide increased benefits (determined on the basis of
actuarial value); or
o The Alternate Payee shall have the duty to notifY the plan administrator( s) in
writing of any change in her mailing address.
It is the intention of the Court that the distribution by the plan to the Alternate
Payee shall be taxable to the Alternate Payee under the provisions of Section 72(m)(lO)
and 402(a)(9) of the Internal Revenue Code of 1986. Subject matter jurisdiction over the
parties is expressly reserved for the purpose of amending this instrument in the event that
a plan administrator or any court of competent jurisdiction determines that this instrument
does not meet the definition of a Qualified Domestic Relations Order.
If possible, the Member shall allow this plan to be amended so that the award to
the Alternate Payee is portable, as long as doing so does not result in an adverse tax
consequence to the Member or employer.
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THE CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987
1055 SPRING STREET
WYOMISSING, PA 19610
1. BIRTH DATE - 05/12/1939
:? "SPOUSR N~MP, ~ VIRGr.?UA EOYE?~ ,.
3. SPOUSE BIRTH DATE - '06/22/1946
4. SPOUSE SOCIAL SECURITY NO. - 162-36-9555
5. REPORTED DATE OF HIRE - OB/08/1966
6. VESTED STATUS - 100% VESTED
7, ESTIMATED NORMAL RETIREMENT DATE - 06/01/1996
5. DETAILS OF ADDITIONAL MONIES POSTED TO YOUR ACCOUNT FOR THE YEAR
1999 THAT WERE RECEIVED BY 3/31/2000.
TOTAL
EMPLOYER '. MONTH HOPRS, DOLLARS
-------------------------------------------~--------------------------------..--------
MAILING ADDRESS
P.O. BOX 15223
READING, PA 19612-5223
1999 ANNUAL EMPLOYEE BENEFIT STATEMENT
BOYER TOM LEE
1 SHARON RD
ENOLA PA 17025-1824
SOCIAL SECURITY -
198-30-1231
ARKANSAS BEST FREIGH~r SYS INC JAN. ,1999 200
ARKANSAS BEST FREIGHT SYS INC FEB.,1999 160
l\RKANSAS BEST FREIGHT SYS INC MAR. ,1999 120
ARKANSAS BEST FREIGHT SYS INC APR. ,1999
ARKANSAS BEST FREIGHT SYS INC MAY. ,1999 50
ARKANSAS BEST FREIGHT SYS INC 'JUN.,1999
ARKANSAS BEST FREIGHT SYS INC JUL..,1999 57
ARKANSAS BEST FREIGHT SYS INC AUG. ,1999 160
ARKANSAS BEST FREIGHT SYS INC .SEP.,1999 160
ARKANSAS BEST 'FRR.'tGHT .!;Y...'l,.:mc O:CT, ~,.!..~?9 20.0
ARKANSAS BEST FREIGHT SYS INC NOV..1999 160
ARKANSAS BEST FREIGHT SYS INC DEC. ,1999 159
5/2000
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861.00
688.80
516.60
.00
225.25
.00
\ 256.79
720.BO
720.80
.. -901.CO
720.80
716.30
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9. LATE CONTRIBUTIONS/ADJUSTMENTS TO PREVIOUS YEARS -
TOTAL...........;................................,.......... 6,32B.14
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10. DEVELOPMENT OF ACCUMULATED ACCOUNT BALANCE
A, ACCOUNT BALANCE AS OF 12/31/1998 -
B. ADDITIONAL MONIES RECEIVED DURING 1999 -
C. NET EARNINGS ADDED DURING 1999 -
D. ACCOUNT BALANCE AS OF 12/31/1999 -
FROM 12/1998
139,265.47
6,328.14
4,561.05
150,154.66
.00
TO 12/1999
* INCLUDES #9
11. ANNUALIZED RATE OF RETURN EARNED. ON THE TOTAL FUND FOR 1999 - 3.6 %.
.NOTE: NET EARNINGS ARE ACTUALLY CREDITED TO YOUR ACCOUNT BASED ON QUARTERLY
RATES OF RETURN, THEREFORE THIS RATE CANNOT. BE USED TO VERIFY THE "NET,'
EARNINGS ADDED" A!'10W!T ABOVE. 'YOUR ACCOUNT 8M,A1IIC":' S::iOWN' 'ABOVE IS
SUBJECT TO AIJDITI01.S"DIo:LE,1.'I.ON~ 'AND 'CORRECTIONS.
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Virginia E. Boyer,
SS#162-54-9555
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-7080
Tom L. Boyer,
SS#198-30-1231
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the Court for
entry of a Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of
the Divorce Code.
2. Date and manner service of the Complaint: 1. A complaint in
Divorce under Section 3301(c) of the Divorce Code was filed on October 13, 2000, and
service was obtained upon the defendant by certified mail number P 016 244 731 with
an Affidavit of Service having been executed October 27, 2000, and filed on October
31,2000.
3. Date of execution of the Affidavit of Consent and Waiver of Notice of
Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce
Code:
by Plaintiff:
by Defendant:
January 27, 2001
January 27, 2001
Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce
Decree required by Section 3301 (c) of the Divorce Code:
by Plaintiff: January 31, 2001
by Defendant: January 31,2001
4. Related claims pending: There are no related claims pending.
By:
iller, Esquire
Attorney r Plaintiff
arket Street
Camp Hill, PA 17011
(717) 737-6400
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Plaintiff
SS#162-36-9555
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00- "l6FO C;c.Jt'-r~
Tom L. Boyer,
Defendant
SS# 198-30-1231
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
You. have been sued in Court. If you wish to defend against the claims
set forth in the following papers, you must take prompt action. You are warned
that if you fail to do so, the case may proceed without you and a Decree in
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, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown
of the marriage, you may request marriage 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
IELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)r249-3166
James A. iller, Esquire
Attorne or Plaintiff
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Virginia E. Boyer
Plaintiff
SS#162-36-9555
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. {)-(J. IJ()~O G;;J.. t-V-'-
Tom L. Boyer,
Defendant
SS# 198-30-1231
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Virginia E. Boyer, who currently resides at 1 Sharon
Road, Enola, Cumberland County, Pennsylvania, 17025.
2. Defendant is Tom L. Boyer, who currently resides at 1 Sharon
Road, Enola, Cumberland County, Pennsylvania, 17025.
3. Plaintiff has been a bona fide resident in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on July 17, 1982, in
Cumberland County, Pennsylvania.
5. There have been no prior actions for divorce or annulment
between the parties. .
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the
United States of America.
8. The Plaintiff has been advised of the availability of counseling and
that the Plaintiff may have the right to request that the Court require the parties
to participate in counseling.
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REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c)
OF THE DIVORCE CODE
10. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
11. The marriage of the parties is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree
dissolving the marriage between Plaintiff and Defendant.
Respectfully Submitted,
~
iller, Esquire
Attorney r Plaintiff
2010 arket Street
C p Hill, Pennsylvania 17011
(717) 737-6400
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55#162-54-9555
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
NO. 00-7080 Civil Term
Tom L. Boyer,
55#198-30-1231
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDA VIT OF SERVICE OF DIVORCE COMPLAINT
I, James A. Miller, Esquire, hereby certifY that I served the Defendant, Tom L.
Boyer, with a certified copy of the divorce complaint as evidenced by the attached United
States First Class Mail return receipt card number P 016 244 731.
DATE: Friday, October 27, 2000
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Jame0~ Miller, Esquire
2D-J15 Market Street
--'Camp Hill, PA 17011
(717) 737-6400
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"; . COl1lplete items 1 and/or 2 for additional services.
CD . COl1lplete items 3, and 4a & b. -
f! . Print your name and address on the reverse of this form so that we can
CD return this card to you. .
> . Att<ich this form to the front of the mailpiece, or on the back Ii space
!! does not permit. .
CD . Write "Return Receipt Requested" on the mailpiece below the article number.
"5 . The Return Receipt will show to whom the article was delivered and the date
S delivered.
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2. 0 Restricted Delivery
Consult postmaster for fee.
4a. Article Number
01 (p t9.<1</ 73/
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55#162-54-9555
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 00-7080 Civil Term
Tom l. Boyer,
55#198-30-1231
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was
filed on October 13, 2000, and service was oQtained upon the defendant by
certified mail number P 016 244 731 with an Affidavit of Service having been
executed October 27, 2000, and filed on October 31, 2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing the Complaint and service
upon Defendant of the same.
3. I consent to the entry of a Final Decree in Divorce after service of notice
of intention to request entry of the decree.
4. I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I
participate in counseling. I further understand that the Court maintains a list of
marriage counselors in the Prothonotary's Office, which list is available to me
upon request. Being so advised, i do not request that the Court require that my
spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. Section 4904, relating to u~~wo:n f:IS:fication to aut orities.
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SS#162-54-9555
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 00-7080 Civil Term
Tom L. Boyer,
SS#198-30-1231
Defendant
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
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a divorce 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 herein in this affidavit are true and
correct. I understand that false statements are made subject to the penalties of
18 Pa. C.S. A. Section 4904, relating to unworn falsification of authorities.
DabiJ, )7),,/ z..- 1 G"J~
Tom L. Boyer
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Virginia E. Boyer,
55#162-54-9555
Plaintiff
IN THE COURT OF COMMON PLEA5
CUMBERLAND COUNTY, PENN5YLVANIA
V,
No. 00-7080 Civil Term
Tom L. Boyer,
55#198-30-1231
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on October 13, 2000, and service was obtained upon the defendant by
certified mail number P 016 244 731 with an Affidavit of Service having been
executed October 27, 2000, and filed on October 31, 2000.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety (90) days have elapsed from the date of filing the Complaint and service
upon Defendant of the same.
3. I consent to the entry of a Final Decree in Divorce after service of notice
of intention to request entry of the decree.
4. I have been advised of the availability of marriage counseling, and
understand that I may request that the Court require that my spouse and I
participate in counseling. I further understand that the Court maintains a list of
marriage counselors in the Prothonotary's Office, which list is available to me
upon request. Being so advised, I do not request that the Court require that my
spouse and I participate in counseling prior to a divorce decree being handed
down by the Court.
I verify that the statements made in this Affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities.
Date, U~ )-1 )-"')
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Tom L. Boyer
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Virginia E. Boyer,
55#162-54-9555
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
No. 00-7080 Civil Term
Tom L. Boyer,
55#198-30-1231
Defendant
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
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property lawyer's fees or expenses if I do not claim them before a divorce is
granted.
3. I understand that I will not be divorced until a divorce 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 herein in this affidavit are true and
correct. I understand that false statements are made subject to the penalties of
18 Pa. C.S. A. Section 4904, relating to un~ot falsification of authorities.
Date 10 r> h>f u.' .. P
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By: DEANNA K. COLLINS
46 Willow Street
Highspire,Penna. 17034
DEANNA K. COLLINS- Plaintiff In Pro Per
Trustee ad litem for the ESTATE OF
GEORGE G. STEWART
VS.
CLAREMONT NURSING AND REHABILITATION
CENTER
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* IN THE COURT OF COMMON PLEAS FOR
* CUMBERLAND COUNTY, PENNSYLVANIA
*
* NO: 00-7081 Civil Term
*
* CIVIL ACTION LAW
* -
'Il-AMENDED COMPLAINT OF
;, MEDICAL NEGLIGENCE AND
* WRONGFUL DEATH
*
* JURY TRIAL DEMANDED
AFFADAVIT OF SERVICE OF AMENDED COMPLAINT
This is to certify that I,DEANNA K. COLLINS-Plaintiff
served upon defendant
6LAREMONT NURSING AND REHABILITATION CENTER VIA DEFENDANT.S attorney,
CHARLES E. WASILEFSKI, A COpy OF THE COMPLAINT AND SUMMONS on
November 27,2000 via I Dale Failor
109 N. Lewisberry Road
Dillsburg,Penna. 17019
agent of service unknown and disinterested party to this lawsuit,
to the office of said attorney mentioned above, at 2931 North Front Street,
Harr..
,Penna. 17110-1280.
Signe
Date: P!-P#k~0/drJ<<)
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VIRGINIA E, BOYER,
PlaintifflPetitioner
VS.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
TOM L. BOYER,
DefendantJRespondent
NO. 00-7080 CIVIL TERM
IN DIVORCE
DR# 30306
PacseS# 493102945
ORDER OF COURT
AND NOW, this 9fhday of January, 2000, upon consideration of the attached Marital Settlement
Agreement for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their
respective counsel appear before R.J. Shaddav on Januarv 24. 2001 at 9:00 A.M. for a conference, at 13
N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for
Alimony Pendente Lite be entered.
YOU are further ordered to briug to the conference:
(I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed
(2) your pay stubs for the preceding six (6) months
(3) the Income and Expense Statement attached to this order, completed as required by Rn1e
1910.11@
(4) verification of child care expenses
(5) proof of medical coverage which yon may have, or may have available to you
IF you fail to appear for the conference or bring the required docnments, the Court may issue a
warrant for your arrest.
BY THE COURT,
George E. Hoffer, President Judge
Mail(;()pie~ .on
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Petitioner
< Respoudent
James Miller, Esquire
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R. J. Sl\adday, Conference Officer
,
Pate of Order: January 9, 200 I
YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND
REPRESENT YOU. 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 MAY GET
LEGAL HELP.
.~
U/uf
CUMBERLAND COUNTY BAR ASSOCIATION
2 LffiERTY A VB.
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this .,&d! day of 710110";;"", 2000, by and
between Tom L. Boyer, social security number 198-30-1231, hereinafter called
"Husband", and Virginia E. Boyer, social security number 162-36-~after called
"Wife". ~ <<JJ ~ "
WHEREAS, Husband and Wife were lawfully married on July 17, 19~
Cumberland County, Pennsylvania;
WHEREAS, differences have arisen between the parties and it is the intention of
Wife and Husband to live separate and apart, and the parties hereto desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real and personal property; the
settling of all matters between them relating to the past, present and future support,
alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general,
the settling of any and all claims and possible claims by one against the other or against
their respective estates.
NOW THEREFORE, In consideration of the prenuses and of the mutual
promises, covenants and undertakings hereinafter set forth and for other good and
valuable consideration, receipt of which is hereby acknowledged by each of the parties
hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree
as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such place as he or she from time to time shall choose or deem fit. The
foregoing provision shall not be taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their living apart.
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Each party shall be free from interference, authority and control by the other, as
fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest
the other, or in any way harass or malign the other, nor in any other way interfere with the
peaceful existence, separate and apart from the other. Neither party shall say or do
anything to negatively influence or alienate the minor children from the other parent.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation between the
parties hereto, cohabitation between the parties, a living-together or resumption of marital
relations between them. They shall not be deemed to have reconciled with the intention of
vitiating or terminating this Agreement unless they make such actions through a written
instrument, executed and acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that either Wife filed on October 13, 2000, with the
Cumberland County Court of Common Pleas, Pennsylvania, to docket number 00-7080,
Civil Term, a no-fault divorce action pursuant to Title 23, section 3301(c) of the
Pennsylvania Divorce Code and amendments thereto; Husband having been served by
certified, United States, First Class Mail, Return Receipt number P 016 244 731 with such
Affidavit of Service having be.en filed to said docket on October 31, 2000.
It is specifically understood and agreed by the parties that the provisions of this
agreement relating to equitable distribution of property and all other matters contained
herein including but not limited to support, alimony, alimony pendente lite, counsel fees,
costs and/or expenses are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to
the court at the time of filing the complaint in divorce. Upon execution of this agreement,
and only if appropriate pursuant to the Pennsylvania Rules of Civil Procedure, the parties
1 have read & U/.derstand the contents on this page TLBil:Li, VEB ~ page 2
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agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed
with entering same to the court docket for the purpose of finalizing the divorce action.
Each party shall further execute any and all documents which may require his or
her signature for the purpose of effectuating all of the terms and conditions of this
Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained by either
of the parties in this or any other state, country or jurisdiction, each of the parties hereby
consents and agrees that this Agreement and all of its covenants shall not be affected in
any way by any such separation or divorce; and that nothing in any such decree, judgment,
order or further modification or revision thereof shall alter, amend or vary any tenn of this
Agreement. It is specifically agreed, however, that a copy of this Agreement or the
substance of the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree. This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement to survive any judgment
and to be forever binding and conclusive upon the parties.
4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL),
COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised or have the
right to obtain advice in regard to the fact that each may have the right to assert a claim
for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further,
Husband and Wife acknowledge that they understand that said rights are available in their
divorce action. Husband and Wife further acknowledge that they are aware of the income,
education, income potential, and assets and holdings of the other or have had full and
ample opportunity to become familiar with such items.
Husband hereby agrees that he shall pay to Wife in the form of non-modifiable
alimony the sum of $200.00 per week which shall be enforceable through the appropriate
Domestic Relations Office (DRO) having proper jurisdiction. The parties hereto
1 have read & understand the contents on this page TLB~ VEB ~ g page 3
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acknowledge that Wife shall institute an action seeking spousal support and/or alimony
from Husband with said Domestic Relations Office in order for such office to enforce
Husband's alimony obligation and Wife's right to receive such sums as defined herein.
The parties understand and acknowledge that Husband's wages will be attached
for the purpose of payment of his alimony ' obligation pursuant to the rules and procedures
of the domestic relations section. Husband's alimony obligation in the amount of $200.00
per week shall be due and payable upon the termination of his spousal support obligation
by way of wage attachment and shall continue each and every month thereafter until
Husband's retirement age with payments due and payable on the same day(s) (date(s))
each month. The parties understand and agree that Husband's retirement age shall be
defined as the age of sixty-seven (67) and for the purpose of effectuating the intent herein.
In the event Husband continues his employment beyond such age, his obligation shall
continue until retirement.
LIFE INSURANCE-
Husband shall keep in place and maintain always a life insurance policy in the face
of amount of not less than $100,000.00 naming Wife as the irrevocable beneficiary so long
as Husband's alimony obligation set forth hereinabove shall be in effect. Upon the
cessation of such obligation, Husband is free to name the beneficiary thereof. Wife may
annually request for a copy of the policy evidencing her designation as beneficiary.
In the event Husband fails to pay any of the premiums, dues or assessment that
may become due on his policy or policies within fifteen days prior to a grace date thereof,
Husband shall immediately become indebted to Wife in the amount of such premiums,
dues or assessments, whether or not the same shall have been paid or advanced by Wife.
In the event that any of said policies shall have lapsed or expired, then Husband agrees
that he shall immediately become indebted to Wife in the amount of the initial premium of
a new policy or policies covering the life of Husband in the amount of the policy or
J have read & understand the contents on this page TLI-lli VEB !fI
page 4
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Boyer MSA
policies that shall have lapsed or expired, and the Husband's obligation to continue to pay
the premiums on a new policy shall continue as hereinbefore provided.
DISABILITY INSURANCE'
Husband shall upon execution hereof put in place and maintain a Disability Policy
which shall be in effect throughout the entire term of his alimony obligations set forth
herein. In the event of disability, Husband shall immediately instruct his insurer to first pay
Wife all monies defined herein on a monthly basis prior to Husband receiving any funds
from the disability policy whatsoever. Upon Wife's request, but no more than two (2)
times per year, Husband shall provide to Wife evidence that such policy remains in
existence. In the event Husband defaults on the payments of any premiums as required
under said policy or policies, then Wife shall be entitled to make such payments and be
reimbursed dollar for dollar by Husband.
5. EQUITABLE DISTRIBUTION:
PREFACE: The parties have valued to the best of their ability their entire
marital and non-marital estates as evidenced by attached Exhibit A. The parties have
made use of statement values associated with such assets and/or have attributed fair
market values and/or other agreed upon values to such assets and stipulate hereto to such
valuations. The parties desire to effectuate an equal (50/50%) division of all assets
identified in Exhibit A in undertaking these terms of settlement.
A. DISTRIBUTION OF ASSETS:
1. Husband does hereby grant, convey, transfer, assIgn, and deliver and
set-over unto Wife the assets so identified within this agreement; said assets shall be and
remain the sole and separate property of Wife hereafter, free of any claim by or interest of
Husband, regardless of whether such assets were deemed by either of the parties to be
marital property or non-marital property. And further, Husband does hereby waive,
release, relinquish, and surrender forever any and all claim to or interest in said assets,
which shall be and remain the sole and separate property of Wife hereafter.
I have read & understand the contents on this page TLlJQ7S VEB JJ1./J
page 5
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2. Wife does hereby grant, convey, transfer, assign, and deliver and set-over
unto Husband the assets so identified within this agreement; said assets shall be and remain
the sole and separate property of Husband hereafter, free of any claim by or interest of
Wife, regardless of whether such assets were deemed by either of the parties to be marital
property or non-marital property. And further, Wife does hereby waive, release,
relinquish, and surrender forever any and all claim to or interest in said assets, which shall
be and remain the sole and separate property of Husband hereafter.
3. ASSET DIVISION:
The parties hereby agree that the following assets shall be divided in accordance
with the schedule herein identified. Husband and Wife agree to execute any and all
documents required to effectuate the intent herein:
A.
REAL ESTATE:
1 Sharon Road, Enola, Cumberland County,
Pennsylvania, 17025:
Husband and Wife are owners as tenants by the entireties of I Sharon Road,
Enola, Cumberland County, Pennsylvania, 17025 (referred to herein as the "premise").
Wife hereby conveys unto Husband all of Wife's right, title and interest in the premise and
shall execute upon request a Special Warranty Deed reflecting her relinquishment, waiver
and abandonment forever. Husband shall indemnifY and hold Wife harmless for all past,
present and future indebtedness on the premise including all real estate taxes, utilities and
municipal assessments.
It is agreed and understood that in exchange for Wife's relinquishment to her share
of the marital value of the premise, Husband has prior to the execution of this agreement
refinanced the premise and has paid to Wife her fifty (50%) percent share of the equity in
the premise.
B. DISTRIBUTION AND WAIVER OF PERSONAL 1) MARITAL,
TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL,
TANGIBLE AND INTANGIBLE, ASSETS:
I have read & understand the contents on this page T~; VEB J%t
page 6
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1. Husband and Wife do hereby acknowledge that they have as identified
herein in Exhibit A attached hereto divided to their mutual satisfaction all non-marital and
marital assets". including, but without limitation, business interests, partnership(s),
inheritance(s), jewelry, clothing, all retirement accounts, 40Ik's and pensions, brokerage
accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement
Accounts, checking and savings accounts including Husband's ABFCU savings and
Mellon checking and Wife's Belco checking & savings accounts, mutual funds, and other
assets whether real, personal or mixed, tangible or intangible.
2. Husband and Wife further acknowledge and agree that the assets in the
possession of the other spouse unless otherwise so divided by way of this agreement shall
remain that spouses sole and separate property, each party hereto specifically waiving,
releasing, renouncing and forever abandoning whatever claim, if any, he or she may have
with respect to any of the foregoing items which are the sole and separate property of the
other.
C. AUTOMOBILES:
Husband shall retain the 1999 Ford Pickup, and Wife shall retain the 2001 Subaru.
and that the vehicles in their respective physical possession shall remain the possession of
the party and each shall cooperate if necessary in executing any and all documents to
reflect such ownership, including but not limited to titles, insurance documentation and
registration forms.
Husband and Wife do hereby waive, release, and relinquish any and all claim to or
interest in the motor vehicle in the possession of the other. If the title to any vehicle is
encumbered by any debt or obligation, Husband and Wife agree that they shall each be
solely responsible for and shall pay and satisfy said obligation, in accordance with its terms
and provisions, and shall indemnify and save the other harmless from any loss, cost, or
expense caused to either by their failure to make payment of such debt.
D. HUSBAND'S Central Pennsylvania Teamster's Defined Benefit Plan:
I have read & u/lderstand the contents on this page TLB~' VEB /J!:J
page 7
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Boyer MSA
Husband hereby agrees that Wife shall receive Fifty (50%) percent of the entire
value of Husband's Central Pennsylvania Teamster's Defined Benefit Plan by way of a
Qualified Domestic Relations Order (QDRO) including, if available, Husband's election of
survivor benefits on. behalf of Wife. The pension has a present value of $46,857.00 as
determined by a pension valuation report dated October 30, 2000 which is attached in part
in Exhibit B and being fully incorporate herein as if fully set forth. Wife's share shall be
$23,428.50. Wife's distribution shall be transferred to Wife via a Qualified Domestic
Relations Order ("QDRO"), a copy of the draft being attached hereto within Exhibit B. It
is the intention of the parties to file a motion with a court of competent jurisdiction upon
the entry Jfthe final decree in divorce requesting confirmation of the QDRO. The parties
shall cooptate to whatever and to the fullest extent in order to effectuate the entry of a
valid, binding and enforceable QDRO as soon as practicable.
The parties shall instruct the administrators and the trustees of the pension plan to
take all actions necessary to carry out the terms of this agreement. Further, Wife shall be
the irrevocable beneficiary of the survivor's benift plan ("SBP") through Husband's
pension. Husband shall execute the required paperwork to make or extend the election of
Wife as beneficiary and shall do nothing to reduce or eliminate that benefit to the Wife.
Husband shall elect the spouse-only option and shall select as the base amount the. full
amount of his monthly retired pay.
E. HUSBAND'S Central Pennsylvania Teamsters Retirement Income Plan:
Husband hereby agrees that Wife shall receive Fifty (50%) percent of Husband's
Central Pennsylvania Teamster's Retirement Income Plan by way ofa Qualified Domestic
Relations Order (QDRO) including Husband's election of survivor benefits on behalf of
Wife. The basis of the value of the pension to be divided has been obtained by the
statement attached hereto in Exhibit C and is incorporated as if fully set forth herein.
Wife's distribution ($75,077.33) shall be transferred to Wife via a Qualified Domestic
Relations Order ("QDRO"), a copy of the draft being attached hereto within Exhibit C. It
J have read & understand the contents on this page TLI!J7'O; VEB JItIJ
page 8
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is the intention of the parties to file a motion with a court of competent jurisdiction upon
the entry of the final decree in divorce requesting confirmation of the QDRO. The parties
shall cooperate to whatever and to the fullest extent in order to effectuate the entry of a
valid, binding and, enforceable QDRO as soon as practicable.
The parties shall instruct the administrators and the trustees of the pension plan to
take all actions necessary to carry out the terms of this agreement. Further, Wife shall be
the irrevocable beneficiary of the survivor's benift plan ("SBP") through Husband's
pension. Husband shall execute the required paperwork to make or extend the election of
Wife as beneficiary and shall do nothing to reduce or eliminate that benefit to the Wife.
Husband shall elect the spouse-only option and shall select as the base amount the full
amount of his monthly retired pay.
F. INTENT:
This A.greement is intended to distribute all property of the parties, whether real or
personal, and whether determined to be separate or marital property. In the event that any
property may be omitted from this Agreement, it is understood and agreed that the person
having possession and/or title to such property following the execution of this Agreement
shall be deemed the owner thereof and each of the parties will execute any and all legal
documents without any charge therefor to evidence title to such property in the other
party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and
deliver to the other any deeds, documents, records or closing statements relating to the
sale of real estate under this Agreement, bills of sale, assignment, consents to change of
beneficiary on insurance policies, tax returns and other documents and do or caused to be
done any other act or thing that may be necessary or desirable to the provisions and
purposes of this Agreement. It is understood that each party shall be requested and be
required to execute the appropriate change of ownership forms for their respective IDS
accounts.
1 have read & understand the contents on this page TLlJ'/I\; VEB lEt
page 9
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TAXES: Husband hereby agrees to pay all income taxes assessed against him, if
any, as a result of the division of the property of the parties hereunder. Wife hereby
agrees to pay all income taxes assessed against her, if any, as a result of the division of the
property ofthe parties hereunder.
6. AFTER ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of property, be they real, personal or mixed, tangible or
intangible, which are hereafter acquired by him or her, 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.
The parties hereby agree that, as to all assets not specifically mentioned herein
which are presently titled in the sole name of one of the parties hereto' or, if untitled, are
presently in the sole possession of one of the parties hereto, the party not having title
thereto or possession thereof hereby waives, releases, relinquishes and forever abandons
any and all claims therein, and acknowledges that the party having title or possession of
such items shall be the sole and exclusive owner thereof.
7. DEBTS:
A. Wife's Debts: Wife represents and warrants to Husband that since
the parties' separation she has not and in the future she will not contract or incur any debt
or liability for which Husband or his estate might be responsible and shall indemnifY and
save harmless Husband from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
B. Husband's Debts: Husband represents and warrants to Wife that since
the parties' separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnifY and save
harmless Wife from any and all claims or demands made against her by reason of debts or
obligations incurred by him.
J have read & understand the contents on this page TLB;JilJ: VEB JU
page 10
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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Virqinia E. Baver
STATE OF
PENNA.
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NO. Civi 1 Aroti on Law
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VERSUS
Tom L. Baver
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Ol"fAnn"nt-
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DECREE IN
DIVORCE
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AND NOW,
2001 , IT IS ORDERED AND
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Virginia Eo BOYAr
OECREED THAT
PLAINTIFF,
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AND
Torn To Boypr
, 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;
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final decree.
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By THE COURT:
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ATTEST:
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PROTHONOTARY
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MARITAl, SETTLEMENT AGREEMENT
THIS AGREEMENT, made this PdI day of Jl OliO''''/'' 2000, by and
between Tom L. Boyer, social security number 198-30-1231, hereinafter called
"Husband", and Virginia E. Boyer, social security number 162-36-9555, hereinafter called
"Wife".
WHEREAS, Husband and Wife were lawfully married on July 17, 1982, in
Cumberland County, Pennsylvania;
WHEREAS, differences have arisen between the parties and it is the intention of
Wife and Husband to live separate and apart, and the parties hereto desire to settle fully
and finally their respective financial and property rights and obligations as between each
other including, without limitation by specification: the settling of all matters between
them relating to the ownership and equitable distribution of real and personal property; the
settling of all matters between them relating to the past, present and future support,
alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general,
the settling of any and all claims and possible clahns by one against the other or against
their respective estates.
NOW THEREFORE, in consideration of the premIses and of the mutual
promises, c~enants and undertakings hereinafter set forth and for other good and
valuable consi~ration, receipt of which is hereby acknowledged by each Of' the parties
hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree
as follows:
1. SEPARATION AND NON INTERFERENCE:
It shall be lawful for each party at all times hereafter to live separate and apart
from each other at such place as he or she from time to time shall choose or deem fit. The
foregoing provision shall not be taken as an admission on the part of either party of the
lawfulness or unlawfulness of the causes leading to their living apart.
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Each party shall be free from interference, authority and control by the other, as
fully as if he or she were single and unmarried, except as may be necessary to carry out the
provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest
the other, or in any way harass or malign the other, nor in any other way interfere with the
peaceful existence, separate and apart from the other. Neither party shall say or do
anything to negatively influence or alienate the minor children from the other parent.
2. RECONCILIATION:
This Agreement shall not be deemed to have been waived, extinguished,
discharged, terminated, invalidated or otherwise affected by a reconciliation between the
parties hereto, cohabitation between the parties, a living-together or resumption of marital
relations between them. They shall not be deemed to have reconciled with the intention of
vitiating or terminating this Agreement unless they make such actions through a written
instrument, executed and acknowledged in the same manner as this Agreement.
3. ENFORCEMENT:
The parties acknowledge that either Wife filed on October 13, 2000, with the
Cumberland County Court of Common Pleas, Pennsylvania, to docket number 00-7080,
Civil Term, a no-fault divorce action pursuant to Title 23, section 3301(c) of the
pennsylvania Divorce Code and amendments thereto; Husband having been served by
certified, United States, First Class Mail, Return Receipt number P 016 244 731 with such
.
Affidavit of Service having been filed to said docket on October 31, 2000.
It is specifically understood and agreed by the parties that the provisions of this
agreement relating to equitable distribution of property and all other matters contained
herein including but not limited to support, alimony, alimony pendente lite, counsel fees,
costs and/or expenses are accepted by each party as a final settlement for all purposes
whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to
the court at the time of filing the complaint in divorce. Upon execution of this agreement,
and only if appropriate pursuant to the Pennsylvania Rules of Civil Procedure, the parties
J have read & understand the contents on this pag~ 'l'LBJ1L;, VEB [JEll
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agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed
with entering same to the court docket for the purpose of finalizing the divorce action.
Each party shall further execute any and all documents which may require his or
her signature for the purpose of effectuating all of the terms and conditions of this
Agreement so as to give full force and effect to this Agreement.
Should a decree, judgment or order of separation or divorce be obtained by either
of the parties in this or any other state, country or jurisdiction, each of the parties hereby
consents and agrees that this Agreement and all of its covenants shall not be affected in
any way by any such separation or divorce; and that nothing in any such decree, judgment,
order or further modification or revision thereof shall alter, amend or vary any term of this
Agreement. It is specifically agreed, however, that a copy of this Agreement or the
substance of the provisions thereof, may be incorporated by reference into any divorce,
judgment or decree. This incorporation, however, shall not be regarded as a merger, it
being the specific intent of the parties to permit this Agreement to survive any judgment
and to be forever binding and conclusive upon the parties.
4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL),
COSTS AND EXPENSES:
Husband and Wife hereby acknowledge that they have been advised or have the
right to obtain advice in regard to the fact that each may have the right to assert a claim
for spousal support, alimony, alimony pendent lite, costs and/or expenses.' Further,
Husband and Wife acknowledge that they understand that said rights are available in their
divorce action. Husband and Wife further acknowledge that they are aware of the income,
education, income potential, and assets and holdings of the other or have had full and
ample opportunity to become familiar with such items.
Husband hereby agrees that he shall pay to Wife in the form of non-modifiable
alimony the sum of $200.00 per week which shall be enforceable through the appropriate
Domestic Relations Office (DRO) having proper jurisdiction. The parties hereto
J have read & understand the contents on ihis page TLsf)b VEB 1Jf g page 3
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acknowledge that Wife shall institute an action seeking spousal support and/or alimony
from Husband with said Domestic Relations Office in order for such office to enforce
Husband's alimony obligation and Wife's right to receive such sums as defined herein.
The parties understand and acknowledge that Husband's wages will be attached
for the purpose of payment of his alimony. obligation pursuant to the rules and procedures
of the domestic relations section. Husband's alimony obligation in the amount of $200.00
per week shall be due and payable upon the termination of his spousal support obligation
by way of wage attachment and shall continue each and every month thereafter until
Husband's retirement age with payments due and payable on the same day(s) (date(s))
each month. The parties understand and agree that Husband's retirement age shall be
defined as the age of sixty-seven (67) and for the purpose of effectuating the intent herein.
In the event Husband continues his employment beyond such age, his obligation shall
continue until retirement.
LIFE INSURANCE'
Husband shall keep in place and maintain always a life insurance policy in the face
of amount of not less than $100,000.00 naming Wife as the irrevocable beneficiary so long
as Husband's alimony obligation set forth hereinabove shall be in effect. Upon the
cessation of such obligation, Husband is free to name the beneficiary thereof. Wife may
annually request for a copy of the policy evidencing her designation as beneficiary.
,
In the event Husband fails to pay any of the premiums, dues or assessment that
may become due on his policy or policies within fifteen days prior to a grace date thereof,
Husband shall immediately become indebted to Wife in the amount of such premiums,
dues or assessments, whether or not the same shall have been paid or advanced by Wife.
In the event that any of said policies shall have lapsed or expired, then Husband agrees
that he shall immediately become indebted to Wife in the amount of the initial premium of
a new policy or policies covering the life of Husband in the amount of the policy or
J have read & understand ihe contents on this page TL(1:J:s VEB ;t!
page 4
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policies that shall have lapsed or expired, and the Husband's obligation to continue to pay
the premiums on a new policy shall continue as hereinbefore provided.
DISABTT,TTY lNSl JRANCE-
Husband shall upon execution hereof put in place and maintain a Disability Policy
which shall be in effect throughout the entire term of his alimony obligations set forth
herein. In the event of disability, Husband shall immediately instruct his insurer to first pay
Wife all monies defined herein on a montWy basis prior to Husband receiving any funds
from the disability policy whatsoever. Upon Wife's request, but no more than two (2)
times per year, Husband shall provide to Wife evidence that such policy remains in
existence. In the event Husband defaults on the payments of any premiums as required
under said policy or policies, then Wife shall be entitled to make such payments and be
reimbursed dollar for dollar by Husband.
5. EQUITABLE DISTRIBUTION:
PREFACE: The parties have valued to the best of their ability their entire
marital and non-marital estates as evidenced by attached Exhibit A. The parties have
made use of statement values associated with such assets and/or have attributed fair
market values and/or other agreed upon values to such assets and stipulate hereto to such
valuations. The parties desire to effectuate an equal (50/50%) division of all assets
identified in Exhibit A in undertaking these terms of settlement.
,
A. DISTRIBUTION OF ASSETS:
1. Husband does hereby grant, convey, transfer, assIgn, and deliver and
set-over unto Wife the assets so identified within this agreement; said assets shall be and
remain the sole and separate property of Wife hereafter, free of any claim by or interest of
Husband, regardless of whether such assets were deemed by either of the parties to be
marital property or non-marital property. And further, Husband does hereby waive,
release, relinquish, and surrender forever any and all claim to or interest in said assets,
which shall be and remain the sole and separate property of Wife hereafter.
J have read & understand the contents on this page TLJj.f?~ VEB .ffI3
page 5
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2. Wife does hereby grant, convey, transfer, assign, and deliver and set-over
unto Husband the assets so identified within this agreement; said assets shall be and remain
the sole and separate property of Husband hereafter, free of any claim by or interest of
Wife, regardless of whether such assets were deemed by either of the parties to be marital
property or non-marital property. And further, Wife does hereby waive, release,
relinquish, and surrender forever any and all claim to or interest in said assets, which shall
be and remain the sole and separate property of Husband hereafter.
3. ASSET DIVISION:
The parties hereby agree that the following assets shall be divided in accordance
with the schedule herein identified. Husband and Wife agree to execute any and all
documents required to effectuate the intent herein:
A.
REAL ESTATE:
1 Sharon Road, Enola, Cumberland County,
Pennsylvania, 17025:
Husband and Wife are owners as tenants by the entireties of 1 Sharon Road,
Enola, Cumberland County, Pennsylvania, 17025 (referred to herein as the "premise").
Wife hereby conveys unto Husband all of Wife's right, titl~ and interest in the premise and
shall execute upon request a Special Warranty Deed reflecting her relinquishment, waiver
and abandonment forever. Husband shall indemnifY and hold Wife harmless for all past,
present and future indebtedness on the premise including all real estate taxes, utilities and
municipal assessments.
It is agreed and understood that in exchange for Wife's relinquishment to her share
of the marital value of the premise, Husband has prior to the execution of this agreement
refinanced the premise and has paid to Wife her fifty (50%) percent share of the equity in
the premise.
B. DISTRIBUTION AND WAIVER OF PERSONAL 1) MARITAL,
TANGlBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL,
TANGlBLE AND INTANGlBLE, ASSETS:
J have read & understand the contents on this page T~; VEB Jl:b
page 6
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,
1. Husband and Wife do hereby acknowledge that they have as identified
herein in Exhibit A attached hereto divided to their mutual satisfaction all non-marital and
marital assets including, but without limitation, business interests, partnership(s),
inheritance(s), jewelry, clothing, all retirement accounts, 401k's and pensions, brokerage
accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement
Accounts, checking and savings accounts including Husband's ABFCU savings and
Mellon checking and Wife's Belco checking & savings accounts, mutual funds, and other
assets whether real, personal or mixed, tangible or intangible.
2. Husband and Wife further acknowledge and agree that the assets in the
possession of the other spouse unless otherwise so divided by way of this agreement shall
remain that spouses sole and separate property, each party hereto specifically waiving,
releasing, renouncing and forever abandoning whatever claim, if any, he or she may have
with respect to any of the foregoing items which are the sole and separate property of the
other.
C. AUTOMOBILES:
Husband shall retain the 1999 Ford Pickup; and Wife shall retain the 2001 Subaru.
and that the vehicles in their respective physical possession shall remain the possession of
the party and each shall cooperate if necessary in executing any and all documents to
reflect such ownership, including but not limited to titles, insurance documentation and
,
registration forms.
Husband and Wife do hereby waive, release, and relinquish any and all claim to or
interest in the motor vehicle in the possession of the other. If the title to any vehicle is
encumbered by any debt or obligation, Husband and Wife agree that they shall each be
solely responsible for and shall pay and satisfY said obligation, in accordance with its terms
and provisions, and shall indemnifY and save the other harmless from any loss, cost, or
expense caused to either by their failure to make payment of such debt.
D. HUSBAND'S Central Pennsylvania Teamster's Defined Benefit Plan:
J have read & understand the contents on this page TLB~ VEB f)!:J
page 7
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Husband hereby agrees that Wife shall receive Fifty (50%) percent of the entire
value of Husband's Central Pennsylvania Teamster's Defined Benefit Plan by way of a
Qualified Domestic Relations Order (QDRO) including, if available, Husband's election of
survivor benefits on behalf of Wife. The pension has a present value of $46,857.00 as
determined by a pension valuation report dated October 30, 2000 which is attached in part
in Exhibit B and being fully incorporate herein as if fully set forth. Wife's share shall be
$23,428.50. Wife's distribution shall be transferred to Wife via a Qualified Domestic
Relations Order ("QDRO"), a copy of the draft being attached hereto within Exhibit B. It
is the intention of the parties to file a motion with a court of competent jurisdiction upon
the entry of the final decree in divorce requesting confirmation of the QDRO. The parties
shall cooperate to whatever and to the fullest extent in order to effectuate the entry of a
valid, binding and enforceable QDRO as soon as practicable.
The parties shall instruct the administrators and the trustees of the pension plan to
take all actions necessary to carry out the terms of this agreement. Further, Wife shall be
the irrevocable beneficiary of the survivor's benift plan ("SBP") through Husband's
pension. Husband shall execute the required paperWork to make or extend the election of
Wife as beneficiary and shall do nothing to reduce or eliminate tha.t benefit to the Wife.
Husband shall elect the spouse-only option and shall select as the base amount the full
amoumofhismomWyretiredp~.
E. HUSBAND'S Central Pennsylvania Teamsters Retirement Income Plan:
Husband hereby agrees that Wife shall receive Fifty (50%) percent of Husband's
Central Pennsylvania Teamster's Retirement Income Plan by way of a Qualified Domestic
Relations Order (QDRO) including Husband's election of survivor benefits on behalf of
,
Wife. The basis of the value of the pension to be divided has been obtained by the
statement attached hereto in Exhibit C and is incorporated as if fully set forth herein.
Wife's distribution ($75,077.33) shall be transferred to Wife via a Qualified Domestic
R~lations Order ("QDRO"), a copy of the draft being attached hereto within Exhibit C. It
J have read & understand the contents on this page TLff.J7.," VEB J!f)f
page 8
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is the intention of the parties to file a motion with a court of competent jurisdiction upon
the entry of the final decree in divorce requesting confirmation of the QDRO. The parties
shall cooperate to whatever and to the fullest extent in order to effectuate the entry of a
valid, binding and enforceable QDRO as soon as practicable.
The parties shall instruct the administrators and the trustees of the pension plan to
take all actions necessary to carry out the terms of this agreement. Further, Wife shall be
the irrevocable beneficiary of the survivor's benift plan ("SBP") through Husband's
pension. Husband shall execute the required paperwork to make or extend the election of
Wife as beneficiary and shall do nothing to reduce or eliminate that benefit to the Wife.
Husband shall elect the spouse-only option and shall select as the base amount the full
amount of his monthly retired pay.
F. INTENT:
This Agreement is intended to distribute all property of the parties, whether real or
personal, and whether determined to be separate or marital property. In the event that any
property may be omitted from this Agreement, it is understood and agreed that the person
having possession and/or title to such property following the execution of this Agreement
shall be deemed the owner thereof and each of the parties will exewte any and all legal
documents without any charge therefor to evidence title to such property in the other
party.
ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and
deliver to the other any deeds, documents, records or closing statements relating to the
sale of real estate under this Agreement, bills of sale, assignment, consents to change of
beneficiary on insurance policies, tax returns and other documents and do or caused to be
done any other act or thing that may be necessary or desirable to the provisions and
purposes of this Agreement. It is understood that each party shall be requested and be
required to execute the appropriate change of ownership forms for their respective IDS
accounts.
J have read & understand the contents on this page TLiIJ'iB; VEB .&
page 9
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TAXES: Husband hereby agrees to pay all income taxes assessed against him, if
any, as a result of the division of the property of the parties hereunder. Wife hereby
agrees to pay all income taxes assessed against her, ifany, as a result ofthe division of the
property of the parties hereunder.
6. AFTER ACQUIRED PROPERTY:
Each of the parties shall hereafter own and enjoy, independently of any claim or
right of the other, all items of proPerty, be they real, personal or mixed, tangible or
intangible, which are hereafter acquired by him or her, 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.
The parties hereby agree that, as to all assets not specifically mentioned herein
which are presently titled in the sole name of one of the parties hereto' or, if untitled, are
presently in the sole possession of one of the parties hereto, the party not having title
thereto or possession thereof hereby waives, releases, relinquishes and forever abandons
any and all claims therein, and acknowledges that the party having title or possession of
such items shall be the sole and exclusive owner thereof.
7. DEBTS:
A.
Wife's Debts:
Wife represents and warrants to Husband that since
the parties' separation she has not and in the future she will not contract or incur any debt
,
or liability for which Husband or his estate might be responsible and shall indemnifY and
save harmless Husband from any and all claims or demands made against him by reason of
debts or obligations incurred by her.
B.
Husband's Debts:
Husband represents and warrants to Wife that since
the parties' separation he has not and in the future he will not contract or incur any debt or
liability for which Wife or her estate might be responsible and shall indemnifY and save
harmless Wife from any and all claims or demands made against her by reason of debts or
obligations incurred by him.
J have read & understand ihe contents on this page TLB~ 13; VEB JU
page 10
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c.
Marital Debt:
The parties acknowledge that each shall be
individually responsible for and solely liable for the debts identified hereinbelow and shall
further indemnify and hold the other harmless to every and all extent including but not
limited to all past, present, and future fees, costs and/or expenses associated with the
collection of such debts, judgments, interest, taxes and suits. Further, each shall have such
creditors identified herein release the non-responsible party from such installment
obligation whether such is a loan or credit card. N/ A
D.
Indemnification:
All further debts incurred by the parties shall be their
individual responsibility. Each party represents and warrants to the other that he or she
has not incurred any debt, obligation, or other liability, other than described in this
Agreement, on which the other party is or may be liable. Each party covenants and agrees
that if any claim, action or proceeding is hereinafter initiated seeking to hold the other
party liable for any other debts, obligations, liability, act or omission of such party, such
party will at his or her sole expense, defend the other against any such claim or demand,
whether or not well-founded, and that he or she will indemnifY and hold harmless the other
party in respect of all damages as resulting therefrom. Damages as used herein shall
include any claim, action, demand, loss, cost, expense, penalty, and other damage,
including without limitation, counsel fees and other costs and expenses reasonably
incurred in investigating or attempting to avoid same or in opposing the imposition thereof
,
or enforcing this indemnity, resulting to Husband or Wife from any inaccurate
representation made by or on behalf of either Husband or Wife to the other in this
Agreement, any breach of any of the warranties made by Husband or Wife in this
Agreement, or breach or default in performance by Husband or Wife of any of the
obligations to be performed by such party hereunder. The Husband or Wife agrees to give
the other prompt written notice of any litigation threatened or instituted against either
party which might constitute the basis for a claim for indemnity pursuant to the terms of
this Agreement.
J have read & understand the contents on this page TL13~; VEB J
page 11
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8. FULL DISCLOSURE:
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 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 this court or any other tribunal
equitably distribute or divide their marital property. The parties acknowledge that they
have been fully advised and informed of the wealth, real and/or personal property, estate
and assets, earnings and income of the other and are familiar with and cognizant of such
and the value thereof, or has knowingly waived such advice and/or information. The
parties hereto have been fully advised and informed of all rights and interests which,
except for the execution and delivery hereof, have 'been conferred upon or vested in each
of them by law with respect to the property or estate of the other by reason of their marital
status, or has knowingly refused or waived such advice or information.
9. RELEASES:
Except as otherwise herein provided, each party releases and discharges
completely and forever the other from any and all right, title, interest or claim or past,
present or future support, division of property including income or gain from property
hereafter accruing, right of dower and courtesy, right to act as administrator or executor
in the estate ofthe other, right to distributive share in the other's estate, right of exemption
in the estate of the other, or any other property rights, benefits or privileges accruing to
either party by virtue of said marriage relationship, or otherwise, and whether the same are
I have read & understand the contents on this page TLB~.!J; VEB JJE/;
page 12
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conferred by the statutory law or by the common law of the Commonwealth of
Pennsylvania, or any other state, or of the COmmon law of the United States of America.
It is further specifically understood and agreed by and between the parties hereto,
that each party accepts the provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said parties' rights against the other for any past, present and
future clams on account of support, maintenance, alimony, alimony pendente lite, counsel
fees, costs and expenses, equitable distribution of marital property and any other claims of
each party, including all claims raised by them in the divorce action pending between the
parties.
10. BREACH:
If either party breaches any provision of this Agreement, the other party shall have
the right, at his or her election, to sue for damages for such breach. The party breaching
this contract shall be responsible for the payment of legal fees and costs incurred by the
other in enforcing his or her rights under this Agreement, or seeking such other remedy or
relief as may be available to him or her.
11. REPRESENTATION:
Both parties have been given the opportunity to obtain the advice of counsel
regarding the provisions of this Agreement and their legal effect in advance of the date set
forth above to permit such independent review. In the event either party elects to execute
,
this agreement without the advice of counsel, he/she shall nevertheless be bound hereby
and he/she specifically and knowingly waives his/her right, if any, to utilize his/her lack of
legal representation as a basis to attack the validity of this Agreement.
Each party acknowledges that he or she has had the opportunity to receive
independent legal advice from counsel from his or her selection, and that each fully
understands the facts and has been fully informed as to his or her legal rights and legal
obligations, and each party acknowledges and accepts that this Agreement is, and the
circumstances, fair and equitable, and that it is being entered into freely and voluntarily,
J have read & understand the contents on this page TL!iYlJ; VEB Lfli
page 13
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after having had the opportunity to receive 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.
12. VOLUNTARY EXECUTION:
The provisions of this Agreement are fully understood by both parties and each
party acknowledges that this Agreement is fair and equitable, that it is being entered into
voluntarily and that it is not the result of any duress or undue influence. Further, each
party acknowledges that he or she has the mental capacity to understand the terms
provided herein and has not been placed under duress, coercion or any physical or mental
stress.
13. ENTIRE AGREEMENT:
This Agreement contains the entire understanding of the parties and there are no
representations, warranties, covenants or undertakings other than those expressly set forth
herein.
14. PRIOR AGREEMENT:
,
It is understood and agreed that any and all property settlement agreements which
mayor have been executed prior to the date and time of this Agreement are null and void
and of no effect.
15. MODIFICATION AND WAIVER:
Any modification or waiver of any provision of this Agreement shall be effective
only if made in writing and executed with the same formality as this Agreement. The
failure of either party to insist upon strict performance of any of the provisions of this
Agreement shall not be construed as a waiver of any subsequent default of the same or
similar nature.
16. GOVERNING LAW:
This Agreement shall be governed by and shall be construed in accordance with the
laws of the Commonwealth of Pennsylvania.
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17. INDEPENDENT SEPARATE COVENANTS:
It is specifically understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a' separate and independent covenant and
agreement.
18. VOID CLAUSES:
If any term, condition, clause, or provision of this Agreement shall be determined
or declared to be void or invalid in law or otherwise, then only that term, condition, clause
or provision shall be stricken from this Agreement and in all other respects this Agreement
shall be valid and continue in full force, effect and operation.
19. DISTRIBUTION DATE:
The parties hereto acknowledge and agree that for purposes of distribution of
property as provided for in this agreement, the date of execution of this agreement shall be
known as the Distribution Date.
20. DATE OF EXECUTION:
The parties hereto acknowledge and agree that the date of execution referred to
herein shall be known as the last date upon which either party executes this agreement.
1 have read & understand the contents on this page T~; VEB J[;(j
page 15
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IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESS:
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Notarial Seal
Rita B. Dallago, Notary PubUc
Harrisburg, Dauphin County
My CommIssion Expires Sept. 5, 2002
Member, Pennsylvania Association of f\1otaries
Commonwealth of Pennsylvania
COUNTY OF
On this, the lMday of ~ , 2000, before me, a Notary Public,
personally appeared Tom L. Boyer, known to me to be the person whose name is
subscribed to the within Settlement Agreement and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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NOTARY PUBLIC
My Commission Expires:
Commonwealth of Pennsylvania
ss.
COUNTY OF
On this, the Lid day of lI~ , 2000, before me, a Notary Public,
personally appeared Virginia E. Boyer, known to me to be the person whose name is
subscribed to the within Settlement Agreement and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, 1 hereunto set my hand and official seal.
1.i:fJ.J1=
NOTARY PUBLIC
My Commission Expires:
J have read & undersiand the contents on this page TLBfu; VEB Il!:6
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ASSET VAUJE HUSBAND WIFE
I Sharon Road equity $27,103.00 $27,103.00
Certificate of Deposit $2000 $2000
200 I Subaru lease no value
1999 Ford Pickup x wi debt
household furnishings amicable division x x
Husband's Teamsters $150,154.66 $75,077.33 $75,077.33
Retirement Income Plan by way ofQDRO
(see Exhibit C - statement)
Husband's Teamsters $46,857.00 $23,428.50 $23,428.50
Defined Benefit Plan by way ofQDRO
50/50 division
EXHIBJT A
J have read & understand the conients on this page TLB13J) VEB -U
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EXHTRIT B
Central Pennsylvania Teamster's Defined Benefit Plan statement dated May 2000
. ,
& PAC October 30,2000 Valuation
& Proposed ODRO
Virginia E. Boyer,
SS#162-54-9SS5
Plaintiff
In the Cour of Common Pleas
Cumberland County, Pennsylvania
No: 00-7080 Civil Term
Tom L. Boyer,
SS#198-30-1231
Defendant
Civil Action - Law
In Divorce
QUALIFIED DOMESTIC. RElATIONS ORDER
Upon receipt of a certified copy of this judgment, the administrator(s) of the plan
shall divide the account of the Member, Tom L. Boyer, into two (2) accounts; one for the
Alternate Payee, Virginia E. Boyer, consisting of one-half of the account as of May, 2000,
after adjustments for earnings, appreciation, and contributions; the remaining balance in
the account shall be retained for the Member, Tom L. Boyer. No credit shall be made to
the Alternate Payee's account with respect to contributions made by the Member or by the
employer or with respect to forfeitures of accounts of other participants in the plan after
May, 2000.
The plan administrator( s) shall distribute to the .A1ternate Payee the lump-sum
amount set aside for her in the account as outlined above. Receipt of a certified copy of
this. judgment by the plan administrator( s) shall fulfill all requirements of the plan as to
notice and request for withdrawal by the Alternate Payee. Distribution to the Alternate
Payee shall be made as soon as administratively possible and shall take no longer than
would a request by a participant for withdrawal.
This provision is designed to meet the definition of a Qualifi'ed DomestiC Relations
Order under Section 206(d)(3)(C) and (D) of the Employee Retirement Income Security
Act of 1986 as amended and Section 414(p)(2) and (3) of the Internal Revenue Code of
1986 as amended. The requisites for such an order are fulfilled in the following provisions
of this instrument.
The name, address and social security number of the participant are as follows:
Tom L. Boyer, social security number 198-30-1231.
The name, address, and social security number of the Alternate Payee are as
follows: Virginia L. Boyer, lIS George Street, Enola, P A 17025; social security number
162-36-95S5.
1 have read & understand the contents on this page TLB J) t3: VEB JJd
page 18
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The Alternate Payee's interest shall be determined by taking thepresent value of
the plan and dividing it by 50%. Any other computations in order to accomplish the
division of Participant's monthly retirement benefit identified in Exhibit B as $380.24 per
month shall be accomplished by the Plan Administrator and/or the Participant and
Alternate Payee by taking the appropriate steps.
The payments required from the plan shall be in accordance with the Plan's rules
and regulations.
The name of the plan for which this order applies is:Central Pennsylvania
Teamsters Defined Benefit Plan.
The terms and provisions of this instrument are not to be construed to:
o Require a plan to provide any type or form of benefit or any option (with the
exception of the payment to the Alternate Payee as provided above) not
otherwise provided under the plan;
o Require a plan to provide increased benefits (determined on the basis of
actuarial value); or
o The Alternate Payee shall have the duty to notifY the plan administrator( s) in
writing of any change in her mailing address.
It is the intention of the Court that the distribution by the plan to the Alternate
Payee shall be taxable to the Alternate Payee under the provisions of Section n(m)(10)
and 402(a)(9) of the Internal Revenue Code of 1986. Subject matter jurisdiction over the
parties is expressly reserved for the purpose of amending this instrument in the event that
a plan administrator or any court of competent jurisdiction' det~rmines that this instrument
does not meet the definition of a Qualified Domestic Relations Order.
If possible, the Member shall allow this plan to be amended so that the award to
the Alternate Payee is portable, as long as doing so does not result in an adverse tax
consequence to the Member or employer.
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THE CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN
1055 SPRING STREET
WYOMISSING, PA ~.:1610
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MAILING ADDRESS P.O. BOX 15223
READING, PA 19612~5223
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1999 ESTIMATED EMPLOYEE BENEFIT STATEMENT
5/2000
'BOYER TOM LEE
1 SHARON ED
ENOLA PA 17025-1824
SOCIAL SECURITY
198-30-1231
1. BIRTH DATE - 5/12/1939
2. SPOUSE NAME - VIRGINIA E
3. SPOUSE BIRTH DATE - 06/22/1946
4. SPOUSE SOCIAL SECURITY NO. - 162-36~9555
5. REPORTED DATE OF HIRE - OS/08/1966
6. AGE WHEN HIRED - 27
7. VESTED STATUS - 100% VESTED
8. 'DEFINED BENEFIT PLAN LEVEL - I
9'; 'LAST CONTRIBUTING EMPLOYER -ARKANSAS"BEST FREIGHT SYS INC
10.' STATEMENT REFLECTS BENEFITS ACCRUED THROUGH - ' 12/31/1986
11. ESTIMATED NORMAL RETIRm1ENT DATE - 06/01/1996
12. T9TAL ACCRUED BENEFITS
VESTING SERVICE
THROUGH 12/31/1999
27 YEARS
BENEFIT SERVICE .
THROUGH RI?'STARTi
15 YEARS I
BENEFIT EARNED
$380.24
THIS STATEMENT IS AN ESTI~rE OFjYOUR ACCRUED BENEFIT, PAYABLE IN THE
FORM OF A SINGLE LIFE ANNUITY ATINORMAL RETIREMENT AGE. IT IS SUBJECT
TO VERIFICATION AT THE TIME OF RETIREMENT, AND DOES NOT TAKE INTO
ACCOUNT THE EFFECT OF RECIPROCAL,PENSIONS. THE BENEFIT LEVEL LISTED
ABOVE ASSUMES TRAT YO!J WORKED AT LEAST 1,000 HOURS AT TRAT LEVEL DURING
YOUR thST YEAR OF PARTICIPATION UNDER THE DEFINED BENEFIT PLAN.
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PENSION ANALYSIS CONSULTANTS, INC.
05/12/39
12/31/72
07/17/82
10/10/00
10/30/00
PENSION VALUATION REPORT
DATE: October 30, 2000
PREPARED FOR: James A. Miller Esq.
NAME: Tom Lee Boyer
EMPLOYER: Central Pennsylvania Teamsters
PLAN: Defined Benefit Plan
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Retirement Age: 62
Retirement Date: 06/01/01
Status: Terminated 12/31/86
Sex: Male
Age 61
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Birth Date:
Entry Date:
Marriage Date:
Cut~off Date:
Valuation Date:
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$380
10.2757
46,857
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EXIIIBIT..C
Central Pennsylvania Teamster's RetiremenUncome Plan
& Proposed..QDRQ
Virginia E. Boyer,
SS#162-54-9555
Plaintiff
In the Cour of Common Pleas
Cumberland County, Pennsylvania
No: 00-7080 Civil Term
Tom L. Boyer,
SS#198-30-1231
Defendant
Civil Action - Law
In Divorce
QUALIFIED DOMESTIC RELATIONS ORDER
Upon receipt of a certified copy of this judgment, the administrator(s) of the plan
shall divide the account of the Member, Tom L. Boyer, into two (2) accounts; one for the
Alternate Payee, Virginia E. Boyer, consisting of one-half ($75,077.33) of the account as
of December 31, 1999 ($150,154.66) after adjustments for earnings, appreciation, and
contributions; the remaining balance in the account shall be retained for the Member, Tom
L. Boyer. No credit shall be made to the Alternate Payee's account with respect to
contributions made by the Member or by the employer or with respect to forfeitures of
accounts of other participants in the plan after December 31, 1999.
The plan administrator(s) shall distribute to the Alternate Payee the lump-sum
amount set aside for her in the a.ccount as outlined above. Receipt of a certified copy of
this judgment by the plan administrator(s) shall fulfill all requirements of the plan as to
notice and request for withdrawal by the Alternate Payee. Distribution to the Alternate
Payee shall be made as soon as administratively possible and shall take no longer than
would a request by a participant for withdrawal.
This provision is designed to meet the definition of a Qualified Domestic Relations
Order under Section 206(d)(3)(C) and (0) of the Employee Retirement Income Security
Act of 1986 as amended and Section 414(p)(2) and (3) of the Internal Revenue Code of
1986 as amended. The requisites for such an order are fulfilled in the following provisions
of this instrument.
The name, address and social security number of the participant are as follows:
Tom L. Boyer, 1 Sharon Road, Enola, P A; social security number 198-30-1231.
The name, address, and social security number of the Alternate Payee are as
follows: Virginia L. Boyer, 115 George Street, Enola, PA 17025; social security number
162-36-9555.
1 have read & understand the contents on this page TLBm" VEB .M
page 20
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The Alternate Payee's interest shall be determined by taking one-half of the entire
value of the plan as of December 31, 1999; said entire value being $150,154.66.
The number of payments required is one(l) from the plan.
The name of the plan for which this order applies is:
Central Pennsylvania Teamsters Retirement Income Plan.
The terms and provisions of this instrument are not to be construed to:
o Require a plan to provide' any type or form of benefit or any option (with the
exception of the payment to the Alternate Payee as provided above) not
otherwise provided under the plan;
o Require a plan to provide increased benefits (determined on the basis of
actuarial value); or
o The Alternate Payee shall have die duty to notifY the plan administrator(s) in
writing of any change in her mailing address.
It is the intention of the Court that the distribution by the plan to the Alternate
Payee shall be taxable to the Alternate Payee under the provisions of Section 72(m)(IO)
and 402(a)(9) ofthe Internal Revenue Code of 1986. Subject matter jurisdiction over the
parties is expressly reserved for the purpose of amending this instrument in the event that
a plan administrator or any court of competent jurisdiction determines that this instrument
does not meet the definition of a Qualified Domestic Relations Order.
If possible, the Member shall allow this plan to be amended so that the award to
the Alternate Payee is portable, as long as doing so does not result in an adverse tax
consequence to the Member or employer.
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page 21
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THE CENTRAL PENNSVLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987
,1055 SPRING STREET
WYOMISSING, PA 19610
MAILING ADDRESS
P.O. BOX 15223
READING, PA,19612-5223
1999 ANNUAL EMPLOYEE 'BENEFIT STATEMENT
"
SOCIAL SECURITY -
198-30-1231
.
BOYER TOM LEE
1 SHARON RD
ENOLA PA 17025-1824
5/2000
1. BIRTH DATE - 05/12/1939
:?,' .SP."J.J$R 1-Jl\loIP. :: VIRG!;T..!A EOYER ,.
3. SPOUSE BIRTH DATE - '06/22/1946
4. SPOUSE SOCIAL SECURITY NO. - 1,62-36-9555
5. REPORTED DATE OF HIRE - 08/08/1966
6. VESTED STATUS - 100% VESTED ,
7. ESTIMATED NORMAL RETIREMENT DATE - 06/01/1996
b. DETAILS OF ADDITIONAL MONIES POSTED TO YOUR ACCOUNT FOR THE YEAR
1999 THAT WERE RECEIVED BY 3/31/2000.
EMPLOYER
'.' MONTH
HO\lRS ,
----------------------------------------------------------------------------...--------
TOTAL
DOLLARS
ARKANSAS BEST FREIGHT SYS INC JAN. ,1999 200
ARKANSAS BEST FREIGHT SYS INC FEB.,1999 160
ARKANSAS BEST FREIGHT SYS INC MAR. ,1999 120
ARKANSAS BEST FREIGHT SYS INC ' APR. ,1999
ARKANSAS BEST FREIGHT SYS INC MAY.. 1999 50
ARKANSAS BEST FREIGHT SYS INC 'JUN.,1999
ARKANSAS BEST FREIGHT SYS INC JUL. ,1999 57
ARKANSAS BEST FREIGHT SYS INC ' AUG., 1999 160
ARKANSAS BEST FREIGHT SYS INC ,SEP.,1999 160
... ARKANSAS BESTFP~LGRT ,,$YS..:I.NC O~T, ~'1,!:l~9 . 20~
ARKANSAS BEST FREIGHT SYS INC NOV..1999 160
ARKANSAS BEST FREIGHT SYS INC DEC. ,1999 159
861.00
688.80
516.60
.00
225.25
.00
256.79
720.80
720.80
''',9,OleCC
720.80
716.30
9. LATE CONTRIBUTIONS/ADJUSTMENTS TO PREVIOUS YEARS -
TOTAL...........,........................................... 6,328.14
.00
10. DEVELOPMENT OF ACCUMULATED ACCOUNT ~ALANCE FROM 12/1998 TO 12/1999
A. ACCOUNT BALANCE AS OF 12/31/1998 -
B. ADDITIONAL MONIES RECEIVED DURING 1999 -
C. NET EARNINGS ADDED. DURING 1999 -
D. ACCOUNT BALANCE AS OF 12/31/1999 -
139,265.47'
6,328.14
4,561.05
150.154.66
. INCLUDES #9
11. ANNUALIZED RATE OF RETURN EARNED. ON THE TOTAL FUND FOR 1999 - ~. 6 %'
,NOTE: NET EARNINGS ARE ACTUALLY CREDITED TO YOUR ACCOUNT BASED ON QUARTERLY
RATES OF RETURN, THEREFORE THIS RATE CANllOT. BE ,USED TO VERIFY THE: "NET,'
EARNINGS ADDED" AMOUNT ABOVE. 'YOUR ACC01lt\!T BM,,\.....CE' SROWN' 'ABove IS
SUBJECT TO ADDITIONS,D~LETIO~~'AND 'CO~ECTIONS. '
, . '." .,
---." .... ,.
.....
J
. , -, h J,Wll,vpi,
State Commonwealth of pennsylvania
Co./Cily/Dist. of CUMBERLAND
Date of Order/Notice 04/12/01
Court/Case Number (See Addendum for case summary)
ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
)5~, 00-70\(o (!/ JIlL
1M1.<;f') 1/93/0 J 9iff"
)1<.. JO,3/J&,
@ Original Order/Notice
o Amended Order/Notice
o Terminate Order/Notice
EmployerlWithholder's Federal ErN Number
ABF TRUCKING
EmployerlWithholder's Name
40 NEW FREDERICK ST
EmployerlWithholder's Address
WILKES BARRE PA 18702-6104
) RE: BOYER, TOM L.
) Employee/Obligor's Name (Last, First, MI)
) 198-30-1231
) Employee/Obligor's Sodal Security Number
) 0310100683
) Employee/Obligor's Case Identifier
) (See Addendum for plaintiH names associated with cases on attachment)
) Custodial Parent's Name (Last, First, Ml)
)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounls from the above-named employee's/obligor's income until further nolice even if the Order/Notice is not
issued by your Slate.
$ 866.67 per month in currenl support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? o yes (X) no
$ 0.00 per month in medical support
$ 0 QO per month for genetic test costs
$ per month in other (specify)
for a total of $ 866.67 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not malch
the ordered support payment cycle, use Ihe following to determine how much to withhold:
$ 200.00 per weekly pay period.
$ 400.00 per biweekly pay period (every two weeks).
$ 433.33 per semimonthly pay period (twice a month).
$ 866.67 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring len (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of Ihe paydate/date of withholding. You are entitled 10
dedud a fee to defray the cost of withholding. Refer 10 the laws governing Ihe work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sl obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Colledions and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instrudions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION PA YMENTS MUST INCLUDE THE DEfENDANT'S NAME AND THE PACSES MEMBER ID (shown
,
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
~
~
DRO: RJ Shadday
xc: defenda1It
Date of Order:
April 16, 2001
Service Type M
BYTH~~
~~ \f \(&'1 'r::~
Edgar B. Bayley
.JUmE
Form EN-028
Worker ID $IATT
OMBNo.:0970-Q154
Expiration Date: 12/31/00
~~
"I
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~ L .lfu;;:
.
,"
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.:1: Rct-'Oltihg tLc Payda.re/Dal:c uf'Jv'itl,l,oldihg. 'tot! IItL:lllepol1 tile. paydateldatG uf vvitLLoldil'5 vvLeh selldil'5 tI.e paylllcl ,L TI.e
t-'ayJate/daoc. of vvitLLoldill/5 ;:1 tl.e datL. 01. vvl.id. Alllu......t vvas vvitl.I,dJ {lOll! tI.e ('lllt-'Iuyee's vvages. You must comptywith the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
S. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 8875100044
EMPLOYEE'S/OBLIGOR'S NAME: BOYER, TOM L.
EMPLOYEE'S CASE IDENTIFIER: 0310100683 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income,and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in ';'hich case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
Requesting Agency:
DOMESTIC RELATIONS SECTION
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (7171 240-6248 or'
by Internet @
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expilation Date: 12/31/00
"
.
o
'~.kl,~
ADDENDUM
Summarvof Cases on Attachment
TOM L.
Defendant/Obligor: BOYER,
49310294sP0301'R
PACSES Case Number
Plaintiff Name
VIRGINIA E. BOYER
Docket Attachment Amount
00-7080 CIVIL$ 866.67
Child(ren)'s Name(s):
DOB
....... ....
.. ....
........, ......
......... .....
... .. .....
.... ..... n..
.......... ....
tJ ii ~h~~k~d, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee'sfobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s}:
DOB
If checked, you are required to enroll the child(ren)
above in any health insurance coverage available
through the employee'sfobligor's employment.
Addendum
Service Type M
OMB No.: 097Q-01S4
Expiration Date: 12131/00
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
'.b;;.'~~~~~~~,;~~.~;~.;~~~i;~~;~~~;~I;;~~.~.~;I~;;~~;....,.. ,.,...."'"
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s}:
DOB
D If checked, you are required to enroll the child(ren}
identified above in any health insurance coverage available
through the ernployee'sfobligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s}:
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Form EN-028
Worker ID $IATT
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
~ tJ()-70~ Clf/IL
State Commonwealth of Pennsvlvania 1/1(.>0 '193/0;;;t9v$"
Co.lCity/Dist. of CUMBEgLAND
Date of Order/Notice 04/23/01 !).R 303{)UJ
Court/Case Number (See Addendum for case summary)
Employer/WithhoJder's Federal EIN Number
ABF TRUCKING
EmployerfWithholder's Name
40 NEW FREDERICK ST
EmpJoyerlWithholder's Address
WILKES BARRE PA 18702-6104
o Original Order/Notice
o Amended Order/Notice
00 Terminate Order/Notice
) RE: BOYER, TOM L.
) Employee/Obligor's Name (Lastl First, MI)
)
)
)
)
)
)
)
198-30-1231
Employee/Obligor's Social Security Number
0310100683
Employee/Obligor's Case Identifier
(See Addendum for pJaintiH names assodated with cases on attachment)
Custodial Parent's Name (last, First, Ml)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income unlil further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? o yes @ no
$ 0.00 per monlh in medical support
$ 0.00 per monlh for genetic test costs
$ per month in other (specify)
for a total of $ 0 .00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0.00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0 00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee 10 defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For Ihe purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remilting by EFT/ED!, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-95BO for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106.9112
IN ADDITION, PA YMENrS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER 10 (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL.
~
Date of Order: Apjril 24, 2001
DRO: RJ Shaclday
Service Type M
(.
JU]X;E
Form EN-028
Worker 10 $IATT
OMB No.: 0970-0154
Expiration Date: 12131/00
';
-, Th'l!!lt1j,ik.t0!r-
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority, If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3, * ~tJoltihg tLe; Pay date/Date of'/~';Ll,I,oldiI15' Y uU IIIUst "-'tJu1t tLe payJQb::!date of n;tl,Loldil'5 nl,d, sel,dil'5 tile; pa)I 1I<:;;1Il. TIle
paydaL'Jd:-tt of nitLl,oldil15 i." tIle date 01, nl,kL dllluUlIl nas ~yitLL>;;ld f10111 tL~ -",lIployec."..'s nQ5es, You must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below.
WITHHOLDER'S ID: 8875100044
EMPLOYEE'S/OBLlGOR'S NAME: BOYER, TOM L.
EMPLOYEE'S CASE IDENTIFIER: 03101006B3 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6, Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes,
10.
"NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (71 7) 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Requesting Agency:
DOMESTIC RELATION~ SECTION
P.O BOX 320
CARLISLE PA 17013
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12131JOO
~, ~
,
I ~,
~
PACSES Case Number
Plaintiff Name
VIRGINIA E. BOYER
Docket Attachment Amount
00-7080 CIVIL$ 0.00
Child(ren)'s Name(s):
Defendant/Obligor:
493102945~~030~
ADDENDUM
Summary of Cases on Attachment
BOYER, TOM L.
PACSES Case Number
Plaintiff Name
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
you are required to enroll the child(ren)
in any health insurance coverage available
through the employee's/obligor's employment.
d;;.~~~~~;~,;~~;;~;~~~i;:~;~~~;~i;;~~~~il~i;:~r((.".',.',..'.'...'.
identified above in any health insurance coverage available
Ihrough the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
..'..,.....,.,..",..,..,.,..',..,..."..".,.".."...,.,.".,."...".".,."..".."..-:....,..:-:.'.:,.'.,,.'.,;..,,'..,,;-.;,;-....,..;..........,..;.,.;...;...:....:;'..;....
';';'..';.";.",;.";",:;";;,.;,,,;.,:;,;;,,,;;,,.;;.;.;;..;..:;..:;....:..:..::.'..':..;.,.:.,...:.;...,,;..;"..;':..;"..;..,.;...,........;..::..:;..:;..::.'.::'.::.'.':.'."
, dlf~i,~~k~d;;~~;;~;~~~i;~;j;~~~;~llti,~~i,ild(;e~)""
identified above in any health insurance coverage available
through the employee's/obligor's employment.
'tJl;.~~~~.~~~:;~~...~;~;~~~i;:~;;~~;~II;~~~~;I~;;~~;/..'.....,..'.'.. '
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
If checked, you are required to enroll the child(ren)
above in any health insurance coverage available
the employee's/obligor's employment.
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970-0154
Expiration Date: 12/31100
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
Mf 06-7Dfo ('It/It...
State Commonwealth of Pennsvlvania ;O)7{!>ES 'i93/t5d-y/;'T-
Co./City/Dist. of CUMBER.LAND
Date of Order/Notice 04/23/01 .M 303D~
Court/Case Number (See Addendum for case summary)
@Original Order/Notice
o Amended Order/Notice
o TermInate Order/Notice
) RE: BOYER, TOM L.
) Employee/Obligor's Name (Last, First, MI)
)
)
)
)
)
)
)
EmployerlWithholder's Federal fiN Number
ABF FREIGHT SYSTEMS
Employer^",ithholder's Name
PO BOX 10048
EmployerlWithholder's Address
3801 OLD GREENWOOD RD 729
FORT SMITH AR 72917-0048
198-30-1231
Employee/Obligors Social Security Number
0310100683
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names associated with cases on attachment)
Custodial Parent's Name (Last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMA nON: This is an Order/Notice to Withhold Income for Support based upon an order for support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 866.67 per month in current support
$ o. 00 per month in past-due support Arrears 12 weeks or greater? Oyes Q9 no
$ 0.00 per month in medical support
$ 0.00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 866.67 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use Ihe following to determine how much to withhold:
$ 200. 00 per weekly pay period.
$ 400.00 per biweekly pay period (every two weeks).
$ 433.33 per semimonthly pay period (twice a month).
$ 866.67 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment wilhin seven (7) working days of the paydateldate of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
the allowable amount. The tolal withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on pg. 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at '-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BiImED
DRO: RJ Shadday :-/. 'l-OV
xc: defendant";?' -
@l
Date of Order: April 24, 2001
.JUIX;E
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970-0154
Expiration Date: 12/31/00
. ~ '" I
.
~~h'
ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If checked you are required to provide a copy of this form to your employee.
1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment
to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to
each employee/obligor.
3.:l< ~I"'u,lihg tile PayJatt::/Date ofV/;Ullloldi[lg. YOl:! IIIU5t IcpO[t tlte. ~ClyJd.tt!date of vvitllllulJ;115 vvlleh st"..IIJiIl5 tIle; l"'ayJllellt TLe;
paydate/Jdk. u{ Hitl,lloldill5 ;~ lllc date oil nll;....1t alllOtlllt n,i:> n;lltlteld f10hl tl,6 \:OllIpluyce's na.geS. Vou must comply with the law of the
state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support
against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must
follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest
extent possible. (See #9 below)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for
you, Please provide the information requested and return a copy of this Order/Notice to the Agency identified below,
WITHHOLDER'S ID: 7102494440
EMPLOYEE'S/OBLlGOR'S NAME: BOYER, TOM L.
EMPLOYEE'S CASE IDENTIFIER: 0310100683 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or
severance pay. If you have any questions about lump sum payments, contact the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should
have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs
unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs,
8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from
employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding.
Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is
employed governs.
9.' Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.S.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes.
10.
'NOTE: If you or your agent are served with a copy of Ihis order in the state that issued the order, you are to follow the
law of the stale that issued this order with respect to these items.
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (71 71 240-6225 or
by FAX at (717) 240-6248 or
by Internet @
Requesting Agency:
DOMESTIC RELATIONS SECTION
P.O BOX 320
CARLISLE PA 17013
Page 2 of 2
Form EN-028
Worker ID $IATT
Service Type M
OMBNo.:0970-0154
Expiration Date: 12131/00
ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: BOYER, TOM L.
PACSES Case Number 493102945 ~,;X??>
Plaintiff Name 1'--'
VIRGINIA E. BOYER
Docket Attachment Amount
00-7080 CIVIL$ 866.67
Child(ren)'s Name(s): DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
Service Type M
~i1ll1llu'-
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
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identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
D If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
through the employee's/obligor's employment
Addendum
Form EN-028
Worker ID $IATT
OMBNo.:097Q..0154
Expiration Date: 12/31/00
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Virginia E. Boyer,
SS#162-54-95S5
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 00-7080 Civil Term
Tom L. Boyer,
SS#198-30-1231
Defendant
Civil Action - Law
In Divorce
CENTRAL PENNSYLVANIA TEAMSTERS
RETIREMENT INCOME PLAN
OUALIFIED DOMESTIC RELATIONS ORDER
Upon receipt ofa certified copy of this judgment, the administrator(s) of the plan
shall divide the account of the Member, Tom L. Boyer, into two (2) accounts; one for the
Alternate Payee, Virginia E. Boyer, consisting of one-half ($71,548.65) of the account as
of December 31, 1999 ($143,097.29) after adjustments for earnings, appreciation, and
contributions; the remaining balance in the account shall be retained for the Member, Tom
L. Boyer. No credit shall be made to the Alternate Payee's account with respect to
contributions made by the Member or by the employer or with respect to forfeitures of
accounts of other participants in the plan after December 31, 1999.
The plan administrator(s) shall distribute to the Alternate' Payee the lump-sum
amount set aside for her in the account as outlined above. Receipt of a certified copy of
this judgment by the plan administrator(s) shall fulfill all requirements of the plan as to
notice and request for withdrawal by the Alternate Payee. Distribution to the Alternate
Payee shall be made as soon as administratively possible and shall take no longer than
would a request by a participant for withdrawal.
This provision is designed to meet the definition of a Qualified Domestic Relations
Order under Section 206(d)(3)(C) and (D) of the Employee Retirement Income Security
Act of 1986 as amended and Section 414(p)(2) and (3) of the Internal Revenue Code of
1986 as amended. The requisites for such an order are fulfilled in the following provisions
ofthis instrument.
The name, address and social security number ofthe participant are as follows:
Tom L. Boyer, 1 Sharon Road, Enola, PA 17025-1824; social security number
198-30-1231.
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The name, address, and social security number of the Alternate Payee are as
follows: Virginia L. Boyer, 115 George Street, Enola, P A 17025; social security number
162-36-9555.
The parties were married on July 17, 1982, and divorced to the abov,~ term and
docket on February 21, 2001. The parties have raised claims of equitable distribution of
marital property pursuant to the Pennsylvania Divorce Code and have resolved such
claims by way of a comprehensive property settlement agreement dated November 16,
2000. This RIP award is made pursuant to paragraph 5E of said agreement.
The Alternate Payee's interest shall be determined by taking one-half of the entire
value of the plan as of December 31, 1999; said entire value being $143,097.29.
The number of payments required is one(1) from the plan.
The name of the plan for which this order applies is:
Central Pennsylvania Teamsters Retirement Income Plan.
The terms and provisions of this instrument are not to be construed to:
o Require a plan to provide any type or form of benefit or any option (with the
exception of the payment to the Alternate Payee as provided above) not
otherwise provided under the plan;
o Require a plan to provide increased benefits (determined on the basis of
actuarial value); or
o The Alternate Payee shall have the duty to notifY the plan administrator(s) in
writing of any change in her mailing address.
It is the intention of the Court that the distribution by the plan to the Alternate
Payee shall be taxable to the Alternate Payee under the provisions of Section 72(m)(lO)
and 402(a)(9) of the Internal Revenue Code of 1986. Subject matter jurisdiction over the
parties is expressly reserved for the purpose of amending this instrument in the event that
a plan administrator or any court of competent jurisdiction determines that this instrument
does not meet the definition of a Qualified Domestic Relations Order.
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If possible, the Member shall allow this plan to be amended so that the, award to
the Alternate Payee is portable, as long as doing so does not result in an adverse tax
consequence to the Member or employer.
WITNESS:
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Virginia E. Boyer,
SS#162-S4-9SSS
Plaintiff
In the Court of Common Pleas
Cumberland County, Pennsylvania
No: 00-7080 Civil Term
Tom L. Boyer,
SS#198-30-1231
Defendant
Civil Action - Law
In Divorce
CENTRAl, PENNSYLVANIA TEAMSTER'S
DEFINED BENEFIT PIAN
OUALTFTED DOMESTIC RELATIONS ORDER
I. IdentifYing Information'
A. The name, last known mailing address and social security number of the
Participant are as follows: Tom Lee Boyer, 1 Sharon Road, Enola, PA 17025-1824,
social security number 198-30-1231.
B. The name, address, and social security number of the Alternate Payee are as
follows: Virginia L. Boyer, 115 George Street, Enola, PA 17025; social security number
162-36-9555.
C. The parties were married on July 17, 1982, and divorced to the above term and
docket on February 21, 2001. The parties have raised claims of equitable distribution of
marital property pursuant to the Pennsylvania Divorce Code and have resolved such
claims by way of a comprehensive property settlement agreement dated November 16,
2000. This DBP award is made pursuant to paragraph SD of said agreement.
D. The Order applies to benefits under the Central Pennsylvania Teamsters Defined
Benefit Plan (the "Plan").
fl. Method of Dividing Participant's Pension'
Separate Interest: A Separate Interest Pension is paid over the Alternate Payee's
anticipated life expectancy on an actuarial equivalent basis. The amount of the benefit is
unaffected by the death of the Participant or by the timing of the Participant's death, after
the participant's earliest retirement age.
A. The Alternate Payee's interest shall be entitled to a portion of the Participant's
vested accrued benefits under the Plan. Such portion shall equal 50% of the Participant's
vested accrued benefit as of December 31,2000.
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B. The benefits shall be paid by the' Plf\n in the form of a single life annuity over the
life expectancy of the Alternate Payee !determined on an actuarial basis. This form of
benefit includes a three-year certain feature. If the Alternate Payee should die prior to
receiving 36 months of benefits, the Plan shall pay benefits for the number of months
remaining in the three-year period to a beneficiary selected by the Alternate Payee on a
beneficiary fomi provjded by the Fund office on request, or if no beneficiary is selected, to
the surviving spouse, or if none, to the Alternate Payee's estate.
C. The Plan may commence payment to the Alternate Payee at the Participant's
earliest retirement age. For purposes of this Order, the Participant's earliest retirement
age is the earlier of (i) the date on which the Participant is entitled to a distribution under
the Plan or (ii) the later of (a) the date the Participant attains age so or (b) the earliest date
on which the Participant could begin receiving benefits under the Plan if the Participant
separated from service, regardless of whether the Participant has actually retired.
III. Treatment as Surviving Sponse'
A. The Alternate Payee shall be treated as the Participant's surviving spouse for
purposes of the qualified pre-retirement survivor annuity to the extent of the dollar
amount of the Participant's benefits awarded to her. If the dollar amount awarded to her
exceeds the amount of the qualified pre-retirement survivor annuity, she will be treated as
the sole surviving spouse and receive the entire qualified pre-retirement survivor annuity.
B. If, at the time of the Participant's death, the Participant is not married, the
Alternate Payee shall be treated as the Participant's only surviving spouse for purposes of
the qualified pre-retirement survivor annuity.
IV. Other tellIlS.;,
A. The payments required from the plan shall be in accordance with the Plan's rules
and regulations.
B. This Order is designed to meet the definition of a Qualified Domestic Relations
Order under Section 206(d)(3)(C) and (0) of the Employee Retirement Income Security
Act of 1986 as amended and Section 414(p)(2) and (3) of the Internal Revenue Code of
1986 as amended. The requisites for such an order are fulfilled in the following provisions
of this instrument.
C. The terms and provisions of this instrument are not to be construed to:
o Require a plan to provide any type or form of benefit or any option (with the
exception of the payment to the Alternate Payee as provided above) not
otherwise provided under the plan;
o The Alternate Payee shall have the duty to notifY the plan administrator(s) in
writing of any change in her mailing address.
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D. Subject matter jurisdiction over the parties is expressly reserved for the purpose of
amending this instrument in the event that a plan administrator or any court of competent
jurisdiction determines that this instrument does not meet the definition of a Qualified
Domestic Relations Order.
WITNESS:
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In the Court of Common Pleas of
CUMBERLAND
County. Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Defendant Name: TOM L. BOYER
Member ID Number: 0310100683
-Please note: All correspondence must include the Member ill _Number.
ORDER OF ATTACHMENT OF UNEMPLOYMENT COMPENSATION BENEFITS
Finlmcial Break Down of MultiDleCaseson Attachment
Plaintiff Name
VIRGINIA E~ BOYER
PACSES
Case Number
493102945
Docket
.. Numb~r
00-7080 CIVIL
Attachment Amount/Freauencv
$
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866.67 IMONTH
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TOTALATTACIIMI>NT AMOUNT: $
8'66.67
Now, by Order of this Court, the Department of Labor and Industry, Bureau of Unemployment
Compensation Benefits and Allowances (BUCBA), is hereby directe4 tl) attach the lesser of $ 200 . 00
per week, or 50 %, of the Unemployment Compensation benefits otherwise payable to the Defendant,
TOM L. BOYER Sl)cialSecurity Number 198-30-1231, Member
ID Number 0310100683 . BUCBA is ordered to remit the amount attached to the Department of Public
Welfare (DPW). DPW shall fo~ard theamountreceived from BUCBA to the I>omestic Relations Section of this
Couri for support and/orsupport arrearages.
If the Defendant's Unemployment COmpensation benefits are att<lChed by another Court or Courts for
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support and/or support arrearages, DPWiruiy reduce the alIU)unt attached under this Order so that the total
aml)unt anached does not exceed the maximum amol)iItsubject to garnishment pursuant to IS U.S.C. ~1673
(b)(2) and 23Pa. C.S.!\.. ~ 4348 (g).
This Order shall be effective upon receipt of the notice of the Order by the BUCBA and shall remain in
effect until the Defendant's entitlement to Unemployment Compensation benefits, under the Application for
Benefits dated FEBRUARY 9, 2003 is exhausted, expired or deferred.
BUCBA shall comply with this Order, unless it is amended or vacated by subsequent Order of this Court.
All questions, challenges or obligations to this Qrder shall be directed to the Domestic Relations Section of this
Court.
BY THE COURT
Date of Order: ~J l?l. t " ;,
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\JUDGE
Service Type M
Form EN-530
Worker ID $IATT
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VIRGINIA E. WESLEY, F/K1A
VIRGINIA BOYER
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. OO~ ror08o
PACSES NO. 493102945
CIVIL ACTION - LAW
v.
TOM L. BOYER,
Defendant
AGREEMENT TO MODIFY
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this r;tN day ofJ/Jv1.V , 2006, by and
between TOM LEE BOYER (hereinafter "Lee") and VIRGINIA E. BOYER WESLEY (hereinafter
"Virginia").
WHEREAS, the parties were lawfully married on July 17, 1985 and divorced on
February 21, 2001; and
WHEREAS, the resolution of the parties' divorce settlement was accomplished in a
Marital Settlement Agreement dated November 16, 2000, in a binding contract; and
WHEREAS, parties now desire to modify the Marital Settlement Agreement of
November 16, 2000, specifically the terms of Paragraph 4.
NOW, THEREFORE, in consideration of the promises, covenants and undertakings
hereinafter set forth and for other good, the receipt of which is hereby acknowledged by each of
the parties hereto, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. With regard to the negotiation of this Agreement, Lee
has been represented by Melissa Peel Greevy, Esquire, of Johnson, Duffie, Stewart and
Weidner, P.C.; Virginia E. Boyer Wesley has been represented by James A. Miller, Esquire.
The parties acknowledge that they have had an opportunity to review this Agreement carefully
and discuss it with counsel of their choosing. The parties each acknowledge that each fully
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understand the facts of this Agreement and have determined independently that, in the
circumstances, it is fair and equitable, and that it is being entered into freely and voluntarily,
where such' knowledge and at the execution of this Agreement is not the result of any duress or
undue influence, or that it is not the result of any collusion or improper or illegal agreement or
agreements.
2. ENTIRE AGREEMENT. This Agreement contains the entire understanding of
the parties with regard to alimony, and there are no representations, warranties, covenants or
undertakings other than those expressly set forth herein.
3. APPLICABLE LAW. This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
4. EFFECTIVE DATE. The effective date of this Agreement shall be July 1, 2006.
5. ALIMONY AND LIFE INSURANCE. The parties agree that the time, amount
and manner of the remaining alimony payments shall be modified from that first provided for in
Paragraph 4 of the parties' Marital Settlement Agreement of November 16, 2000, as follows:
A. The parties agree that Lee shall pay to Virginia one (1) lump sum
payment of Four Thousand ($4,000.00) Dollars, payable upon the receipt of five (5) fully
executed copies of this Agreement. The parties agree that this payment is in full
satisfaction of any remaining alimony obligation created in the Marital Settlement
Agreement of November 16, 2000, and that this payment shall satisfy and relieve Lee
from any and all future alimony payments due to Virginia. It is further agreed that Lee is
thus released from the obligation to maintain a life insurance policy in the amount of
$100,000.00, naming Virginia as the beneficiary, as provided on Page 4 of the
November 16, 2000 Marital Settlement Agreement.
B. The present alimony obligation is docketed to No. 00-7080 in the Cumberland
County Domestic Relations with a PACSES case number of 493102945. The parties
stipulate and agree that a fully executed copy of this Agreement shall be provided to the
Domestic Relations Section so that an Administrative Order terminating Lee's alimony
obligation to Virginia may be entered without necessity of a hearing or the appearance of
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either party. The parties further stipulate and agree that until such time as the wage
attachment has been terminated, any overpayment by Lee to Virginia shall entitle Lee to
a refund for any such payments be received by Virginia after the effective date of this
Agreement. It shall be the responsibility of Virginia to return any payments received via
the wage attachment to Lee within five (5) business days thereof.
6. The remaining provisions of the Marital Settlement Agreement of November 16,
2000, shall remain in full force and effect unless revised or terminated by the language which
proceeds this Paragraph.
IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day
and year first above written.
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TOM LEE BOYER
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COMMONWEALTH OF PENNSYLVANIA
: 55.
COUNTY OF CUMBERLAND
On this, the ~ day of , 2006, before me, the undersigned,
a Notary Public, in and for ounty and Commonwealth, residing therein, duly
commissioned and sworn, personally appeared TOM LEE BOYER, known to me to be the
person whose name is subscribed to the within instrument, and acknowledged to me that he
executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
, COMMONWEALTH OF PENNSYLVANIA
I NOTARIAL SEAL
CARLEEN S. JENSEN, Notary Public
Lemoyne Boro., Cumbe'rland County
, My Commission Expires Dec. 17,2007
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otary Public
COMMONWEALTH OF PENNSYLVANIA
: 55.
COUNTY OF CUMBERLAND
On this, the .' 5' day of ~C:> , 2006, before me, the undersigned,
a Notary Public, in and for the said County and Commonwealth, residing therein, duly
commissioned and sworn, personally appeared VIRGINIA E. BOYER WESLEY, known to me to
be the person whose name is subscribed to the within instrument, and acknowledged to me that
she executed the same.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
Notary P Iic
:276209
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l JAMES A. MIllER,N~PubIlc
, Camp Hill Boro, Culilberlarid
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ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT
State Commonwealth of Pennsylvania
Co./City/Dist. of CUMBERLAND
Date of Order/Notice 07/03/06
Case Number (See Addendum for case summary)
L\q3 \02.CV-\S
00-10'80 Civi \
o Original Order/Notice
o Amended Order/Notice
(8) Terminate Order/Notice
EmployerlWithholder's Federal EIN Number
RE: BOYER, TOM L.
ABF FREIGHT SYSTEMS
PO BOX 10048
3801 OLD GREENWOOD RD 72 9
FORT SMITH AR 72917-0048
Employee/Obligor's Name (last, First, MI)
198-30-1231
Employee/Obligor's Social Security Number
0310100683
Employee/Obligor's Case Identifier
(See Addendum for plaintiff names
associated with cases on attachment)
Custodial Parent's Name (last, First, MI)
See Addendum for dependent names and birth dates associated with cases on attachment.
ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an orderfor support
from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these
amounts from the above-named employee'sfobligor's income until further notice even if the Order/Notice is not
issued by your State.
$ 0.00 per month in current support
$ 0.00 per month in past-due support Arrears 12 weeks or greater? Oyes @ no
$ 0.00 per month in current and past-due medical support
$ 0 . 00 per month for genetic test costs
$ per month in other (specify)
for a total of $ 0.00 per month to be forwarded to payee below.
You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match
the ordered support payment cycle, use the following to determine how much to withhold:
$ 0 . 00 per weekly pay period.
$ 0.00 per biweekly pay period (every two weeks).
$ 0.00 per semimonthly pay period (twice a month).
$ 0.00 per monthly pay period.
REMITTANCE INFORMATION:
You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this
Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to
deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the
allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee'sf obligor's
aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is
needed (See #9 on page 2).
If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer
Customer Service at 1-877-676-9580 for instructions.
Make Remittance Payable to: PA SCDU
Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112
IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown
above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURIl UMBER IN ORDER TO BE PROCESSED.
DO NOT SEND CASH BY MAIL. 72
BY H COURT
JUL 0 5 2'006 . v \ (),.V\
Date of Order: ,
ELio.o..r I?::l. ~
" ~ Form EN-028
Service Type M OMB No.: 0970,"54 orker ID $11\
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ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS
o If. checked you are required. to provi(le a copy of this form to your employee. If your employee works in a slate that is
dlfferent'from the state that Issued this order, a copy must be provided to your employee even if the box is not checked.
1. Priority: WithholdIng under this Order/Notice has priority over any other legal process under State law against the same income.
Federal tax ievies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting
agency listed below.
2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to
each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each
employee/obligor.
3. * RetJull;115 tile raydqh:1Da.te of'vV;llll,uld;l,g, YnJ Illusl,e....vlt tIle pdyclatelJdtt uf vV;t1.IIVldillg vvl.el, selld;115 lI.oc; ....ayll leI It. Tile
..,aydah,ddalt:: of yval.IIUld;1I5;;:J tile date VII v\(I.;\...I, alllOLllt VYd;:! vv;U.I.'C:ld flOJII tile elllplvycc';, YV05'1;;;J, You must comply with the law of the
state of the employee's/obligor's principal place of empioyment with respect to the time periods within which you must implement the
withholding order and forward the support payments.
4. * Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against
this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow
the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent
possible. (See #9 beiow)
5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor Is no longer working for you.
Please provide the information requested and return a copy of this Order/Notice to the Agency IdentIfied below.
THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 7102494440
EMPLOYEE'S/OBLlGOR'S NAME: 'BOYER, TOM L.
EMPLOYEE'S CASE IDENTIFIER: 0310100683 DATE OF SEPARATION:
LAST KNOWN HOME ADDRESS:
NEW EMPLOYER'S NAME/ADDRESS:
6. Lump Sum Payments: You may be required to report and withhold from iurnp sum payments such as bonuses, commissions, or
severance pay. ,if you have any questions about lump sum payments, contacl the person or authority below.
7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both Ihe accumulated amount you should have
withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless
the obligor is employed in another State, in which case the law of the State in which he or she is employed governs.
8. Anti-discrimination: You are subjecl to a fine determined under Stale law for discharging an employee/obligor from employment,
refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State iaw
governs uniess the obligor is employed in another Slate, in which case the law ofthe State in which he or she is employed governs.
9. * Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit
Protection Act (15 U.s.c. 91673 (b)l; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment.
The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the nel income left after making mandatory
deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more
than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more
than the amounts allowed under the law of the state that issued the order.
10. Additional Info:
* NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the
law of the state that issued this order with respect to these items.
11. Submitted By:
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST
P.O. BOX 320
CARLISLE PA 17013
If you or your employee/obligor have any questions,
contact WAGE ATTACHMENT UNIT
by telephone at (717) 240-6225 or
by FAX at (717) 240-6248 or
by internet www.childsupport.state.pa.us
Page 2 of 2
Form EN-028
Worker 10 $IATT
Service Type M
OMBNo.:097Q.0154
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ADDENDUM
Summary of Cases on Attachment
Defendant/Obligor: BOYER, TOM L.
PACSES Case Number 493102945
Plaintiff Name
VIRGINIA E. WESLEY
Docket Attachment Amount
00-7080 CIVIL$ 0.00
Child(ren)'s Name(s):
PACSES Case Number
Plaintiff Name
DOB
Docket Attachmenl Amount
$ 0.00
Child(ren)'s Name(s):
DOB
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... .,.,.,. .., ,.,..,
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'D;i~hecked, you are required to enroll the child(ren), '"
identified above in any health insurance coverage available
through the employee's/obligor's employment.
'.dl/~~~~.~~~.;~~.~;~;:~~i;~t~"~~;~II;~:."~~:I~(r~~;..".'.", ',,' '
idenlified above In any health insurance coverage available
through the employee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amounl
$ 0.00
Child(ren)'s Narne(s):
DOB
o If checked, you are required to enroll the chiId(ren)
identified above in any heallh insurance coverage available
through the employee's/obligor's employment.
o If checked, you are required 10 enroll the child(ren)
identified above in any health insurance coverage available
through the ernployee's/obligor's employment.
PACSES Case Number
Plaintiff Name
PACSES Case Number
Plaintiff Name
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
Docket Attachment Amount
$ 0.00
Child(ren)'s Name(s):
DOB
'E]I;~~~~~~~~..;~.~'.~;:;:~~i;:~;~'~~;~;i;~;..~~'il~;;:~;.."."."""., ,',',,"
identified above in any health insurance coverage available
through the empIoyee'siobligor's employment.
o If checked, you are required to enroll the child(ren)
identified above in any health insurance coverage available
Ihrough the ernployee's/obligor's employment.
Addendum
Form EN-028
Worker ID $IATT
Service Type M
OMB No.: 0970.-0154
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In the Court of Common Pleas of
CUMBERLAND
County, Pennsylvania
DOMESTIC RELATIONS SECTION
13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013
Phone: (717) 240-6225
Fax: (717) 240-6248
Defendant Name: TOM L. BOYER
Member ID Number: 0310100683
Please note: All correspondence must include the Member In Number.
ORDER TO VACATE ATTACHMENT OF UNEMPLOYMENT BENEFITS
Financial Break Down of MnltiDle Cases on Attachment
Plaintiff Name
VIRGINIA E. WESLEY
P ACSES
Case Number
493102945
Docket
Number
00-7080 CIVIL
Attachment AmountlFreauencv
$
!
$
$
!
$
866.67 jMONTH
1
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/
TOTAL ATTACHMENT AMOUNT: $ 0.00
The prior Order of this Court directing the Department of Labor and Industry, Bureau of
Unemployment Compensation Benefits and Allowances (BUCBA), to attach $ 0.00
or 50 % per week of the Unemployment Compensation benefits of
TOM L. BOYER
, Social Security Number 198-30-1231 ,
Member ID Number 0310100683 is hereby vacated.
This Order to Vacate shall be effective upon receipt of the notice of the Order by the
Department and shall remain in effect until a further Order of the Court is filed.
Date of Order: JUL 0 5 200
BY THE COURT
Q121~
l::..~ ~. ()-,()'6001~ JUDGE
Form EN-035
Worker ID $IATT
Service Type M