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HomeMy WebLinkAbout01-0961 FX -, h.I...I, .:'1, e-' "' " \:4." .r,. . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . STATE OF PENNA. Tammy Suzanne Ambrose Plaintiff No. 961 01 . VERSUS . Rodney Lee Ambrose . Defendant . DECREE IN DIVORCE . . J3 Q 3:3Sf.#l' fA-o J-Ct>i AND NOW, , IT IS ORDERED AND DECREED THAT Tammy Suzanne Ambrose , PLAINTIFF, AND Rodney Lee Ambrose , 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; None . . . By TH . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., I c_ , "-"""-"^'"~'~"'>~' I ~'I sP~}1 ~~/ " ~~'i"> ._ l..r~"'T>"r u/'~~~~ 71~~~~ . " ,i;~!I'I~-mj(W!llIl~~I!'!'!!1!!J!fl~*PI9ll"'=,i''-'''''_ .~,-, - ~ ... """"'!!'!'i""\! " , . ..- )' . 11'1 '-ti;i' , . TAMMY SUZANNE AMBROSE Plaintiff : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY, : PENNSYL VANIA and RODNEY LEE AMBROSE Defendant : CIVIL ACTION - LAW : NO. ()J - 9(,,1_ CIVIL TERM : IN DIVORCE NOTICE You have been sued in court, If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree in divorce or annulment may be entered against you by the court. A judgement 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 divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling, A list marriage counselors is available in the Office of Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013, IF YOU DO NOT FILE CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 1 . , 1.1 In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: TAMMY SUZANNE AMBROSE Plaintiff and RODNEY LEE AMBROSE Defendant And in the interest of: TAMMY SUZANNE AMBROSE and RODNEY LEE AMBROSE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case#: 6/- '1(.l 6:u:J ~ COMPLIANT FOR DIVORCE This action is brought by TAMMY SUZANNE AMBROSE, Plaintiff, age 37, who resides at 5199 Laurel Lane, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, whose Social Security # is 168-58-1824, and who is employed as a Electronic Banking Utility Clerk, at Commerce Bank, located at 3 Crossgate Drive, Town of Mechanics burg, State of Pennsylvania, The Defendant in this action is RODNEY LEE AMBROSE, age 39, who resides at 1350 Asper Drive, in the Town of Boiling Springs, County of Cumberland, State of Pennsylvania, whose Social Security # is 208-50-5713, and who is employed as a Computer Programmer at Electronic Data Systems, located at 225 Grandview Avenue, Town of Camp Hill, State of Pennsylvania. 1 ~ " ~ - .- .' I 1..1 """""~..;, The undersigned Plaintiff states, under oath, the following: 1. RESIDENCY, Plaintiff has been a resident of and domiciled in the State of Pennsylvania for the proceeding 37 years and the County of Cumberland for the preceding 10 years, 2. SERVICE OF PROCESS, The Defendant has agreed to file a Wavier of Service of Process in this cause and, therefore, no service of process is necessary at this time. 3. JURISDICTION, The court has proper jurisdiction to hear this cause. The Defendant has agreed to file a Consent in this cause, Neither party has ever been involved in any other domestic relations proceeding involving the other party in this or any other jurisdiction, Neither party is currently an active member of any branch ofthe Armed Forces of the United States, 4, MARRIAGE. The Plaintiff and Defendant were married on the 19 day of April, 1986, in the State of Pennsylvania and lived together as husband and wife until on or about the 16th day of February, 2001, at which time they separated and ceased to live together and they have lived separate and apart without cohabitation ever since. 5. CHILDREN, There were (2) children born to the marriage and their names and dates of birth are as follows: Cody Ryan Ambrose, born April 9, 1992 Tristan James Ambrose, born October 12,1995 6, GROUNDS, The Plaintiff and Defendant, after (8) marriage counseling sessions over a period of (5 112) months, agree the marriage is irretrievably broken and there is no possible chance for reconciliation, 2 ,~ , , __1,1,1 , 7. AGREEMENT, This proceeding is uncontested, The Plaintiff and Defendant both signed a Marital Settlement Agreement, dated the 16th day of February, 2001, which is attached and incorporated by reference, By the terms of this Martial Settlement Agreement they have settled all of the issues relating to their marriage, including the division of all of their property, the disposition of all oftheir bills and obligations, the need for any alimony, maintenance or spousal support, and the custody, visitation, care, and support of their children, A Financial Statement has been prepared by each ofthe parties listing their respective income, expenses, assets, and liabilities and the individual Financial Statements are attached and incorporated by reference, The Marital Settlement Agreement and Financial Statements were signed under no duress or force and without collusion, 8. CONSTENT. The Defendant has agreed to file Consent to the incorporation and merger of said Martial Settlement Agreement into a Final Decree of Divorce in this cause, 9. WAVIER. The Plaintiff hereby waives any rights to findings of fact and conclusions of law, a record of testimony, motion for a new trial, notice of entry of final judgement or decree, and the right to appeal, but does not waive any rights to the future modification of any judgement or decree in this cause, 3 . ~,. ,- ", _ ~L '"1,..1 " ,~ .J: .. . The Plaintiff respectfully requests and prays: 1. That a Divorce be granted by the court dissolving and terminating forever the marriage between the parties, 2, That all of the terms and conditions of the party's Martial Settlement Agreement, which is attached, be approved and be incorporated, merged into, and made part of a Final Decree of Divorce, and that the parties be ordered to comply with all terms and conditions of the Martial Settlement Agreement, but that the Martial Settlement Agreement survive. 4 '<_._~"' ... " ~. :,~J....L.w. .li.litJ!!.l.l>I!Ii:_~' Dated this ~ day of ~\.IM~ ,2001 J: ~. ilL (~ture o[Plaintiff) State of Pennsylvania ) ) ) ) ) SS. County of Cumberland On this ~day of ~~~ ,2001, TAMMY SUZANNE AMBROSE personally came before me and, being duly sworn, did state that she is the person described in the above document and that she signed the above document in my presence and verified that the information contained in the foregoing document is tme and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated, Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires Dee J 3 ::? .....:2 ".~~~.~_.."--"~~,~,~....._~--c Notariu! Seal ~ Judrih A. SiimmeJi, Notary PUbi.iC I' Hampden Twp., Cumberland County My CommissIon Expires Dec. 23, 2002 J Member, Pennsylvania Assoc!ation of Notaries 5 1- ,~ I_I ,- _, ~"J ....'--"'~....!"~ . , .. State of Pennsylvania ) ) ) ) ) SS, County of Cumberland Onthis~dayof ~ ,2001, RODNEY LEE AMBROSE personally came before me and, being duly sworn, did state that he is the person described in the above document and that he signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the: document was signed as a free and voluntary act for the purposes stated, 0....- (Signature ofN Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires D e(c. 23 d 0-0.2 ----------~-I Notarial Seal Judith A. Stimmel!, N0tary Pubiic Hampden Twp., Cumbc;iarld County ! My Commission Expires Dec. 23, 2002 I Member, Pennsylvania Association of Notaries 6 1~~~~~~*j~ir';";kjll,*ki......,,,,,-.jd"~"".d!J,,,,"..H.r"l'#I~~1ill'i1liiilim ;pf.? ~ ~ ~ W ~ " -tit!!m!liIllillfil1" I - i_JIioiii.l~i!lIi!lllidl1' ~ ~""' "~~-..,'--~ ,.~" - --~~. 0" ~" :-... ~ ~ ~ ~ ~ 0 'k I 0 d 'V' ~&;:l "by-. ~ (") ~;, < -:::; f~~~ Plt':'-; ~-" (1--" .:/ r: ~~ ~ ~., - ~ ~ . , '. ~.- -" r-- (J', :.;-~) t;-;1 ~.....) \0 {"i :--::r7i ~ :D -< 7$ q, , , , i 1=1 ~ - -, "o4lli,' In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: TAMMY SUZANNE AMBROSE Plaintiff and RODNEY LEE AMBROSE Defendant And in the interest of: TAMMY SUZANNE AMBROSE and RODNEY LEE AMBROSE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) Case # : CJl - 91.,. ( MARITAL SETTLEMENT AGREEMENT This is an Agreement made the 16th day of February, 2001 by and between TAMMY SUZANNE AMBROSE, who lives at 5199 Laurel Lane, in the City of Harrisburg, County of Dauphin, State of Pennsylvania; hereinafter referred to as "Wife", and RODNEY LEE AMBROSE who lives at 1350 Asper Drive, in the Town of Boiling Springs, County of Cumberland, State of Pennsylvania; hereinafter referred to as "Husband", 1 1Iffic-.',j , . WITNESSETH WHEREAS, Husband and Wife were married on April 19,1986 at the Mercersburg Academy Chapel in the Town of Mercersburg, County of Franklin, State of Pennsylvania; and WHEREAS, the parties have two (2) minor children, to wit: Cody Ryan Ambrose, Social Security No, 161-74-7272, date of birth April 9, 1992; Tristan James Ambrose, social Security No, 180-76-6414, date of birth October 12, 1995; and WHEREAS, we both agree, after (8) marriage counseling sessions over a period of (5 1/2) months, our marriage is irretrievably broken and that there is no possible chance for reconciliation; and WHEREAS, we both desire to settle by agreement all of our martial affairs, including the division of all of our property and bills, spousal support or maintenance, and all issues relating to our children, including custody, visitation, and child support; NOW THEREFORE, in consideration of our mutual promises, and other good and valuable consideration, we agree as follows: 1) SEPARATION - It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may live from time to time choose or deem fit. The foregoing provisions shall not be taken as admission on part of either party of the lawfulness or unlawfulness of the causes leading to their living apart, 2) INTERFERENCE - Each party shall be free from interference, authority, and contact by the other; as fully as if he or she were single and umnarried except as may 2 1...1 ...~-~,; be necessary to carry out provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each ofthe parties hereto completely understand and agree that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party. 3) WIFE'S DEBTS - Wife represents and warrants to the Husband that since the date of this Agreement, she has not, and in the future she will not, contract or incur any debt or liability for which the 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. 4) HUSBAND DEBTS - Husband represents and warrants to Wife that since the date of this Agreement, he has not, and in the future he will not, 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, 5) OUTSTANDING JOINT DEBTS - We agree any joint debt not specifically addressed in this Agreement shall be the responsibility of the party who incurred the debt. We agree that the Wife shall pay and indemnify and hold the Husband harmless from the following debt: 3 ,"~" ~ "" I 1...1 ~_. .,,; llitol&<J Auto loan currently held with Allfirst Bank, Account Number 20-0000-0009- 6273, on the 2001 ToyotaRAV4, VINNumber: JTEHH20V410039514, PA License: RRl177, We agree that the Husband shall pay and indemnify and hold the Wife harmless from the following debt: Home mortgage currently held by Mellon Bank, Account Number: 419-4013809 and Household Financial Services, Account Number: 3319944, on the family home located at 1350 Asper Drive, Boiling Springs, Pa 17007. 6) DIVISION OF PERSONAL PROPERTY - The parties have divided between them to their mutual satisfaction personal effects, household furniture and furnishings and other articles of personal property which now have hereto been used by them in common, and neither party will make any claim to any such items which are now in the possession or control of the other. In addition to personal property now in the control of the parties, the parties hereby divide other personal property including but not limited to household goods and furnishings, personal property including but not limited to household goods and furnishings, personal effects and other items formerly used by them in common as follows: a) Wife shall become the sole owner and Husband shall waive any claim to: i) All stocks, bonds, bank accounts, investment accounts, certificates of deposit, mutual funds, investment plans, pension plans or the like titled solely in Wife's name regardless of whether it was so titled before or during the marriage or after the time of separation, 4 j ~L...I ""~'i-: , , ii) A "95% distribution" of the EDS 401(K) deferred compensation plan provided through the Husband's place of employment so titled before or during the marriage, iii) "50% equal distribution" of the EDS Stock Purchase Plan, and EDS Retirement pension plan provided through the Husband's place of employment so titled before or during the marriage. iv) "50% equal distribution" of all bank accounts and certificates of deposit so titled before or during the marriage, b) Husband shall become the sole owner and Wife shall waive any claim to: i) A "5% distribution" of the EDS 401(K) deferred compensation plan provided through the Husband's place of employment so titled before or during the marriage. ii) "50% equal distribution" ofthe EDS Stock Purchase Plan, and EDS Retirement pension plan provided through the Husband's place of employment so titled before or during the marriage, iii) "50% equal distribution" of all bank accounts and certificates of deposit so titled before or during the marriage, 7) DIVISION OF REAL PROPERTY - The parties hereby agree that the marital residence at 1350 Asper Drive Boiling Springs, Cumberland County, Pennsylvania 17007 will be the sole and separate property ofthe Husband, and the Wife transfers and quitclaims any interest that she may have in this property to the Husband. 8) ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES - Wife agrees that she shall not make any claim against Husband for spousal support, 5 ~ -'" I J I ~." 'l~+" alimony, alimony pendente lite or counsel fees on her own behalf and waives all rights to assert such claims after the date ofthis Agreement. Husband agrees that he shall not make any claim against Wife for spousal support, alimony, alimony pendente lite or counsel fees on his own behalf and waives all rights to assert such claims after the date ofthis Agreement. 9) CUSTODY AND CHILD SUPPORT a) CUSTODY i) We both agree that iUs in the best interests of our children that we both have joint legal and physical custody of our children, We also agree that the actual physical residence of our children will change alternating weeks unless otherwise mutually agreed between the parties.. ii) All decisions pertaining to the place of residence, discipline, education, health, extracurricular and summer activities, vacations, religious training, medical and dental care, and welfare of our children will decided by both of us after reasonable and adequate discussion. We also agree that the parent with physical custody shall have control over minor day-to-day decisions affecting the child, including any medical or dental emergencies, We agree if, after reasonable attempts, we are unable to reach an agreement on any of the decisions affecting our children, we jointly seek professional mediation to resolve our differences, iii) We also agree that each of us has the right to know of any circumstances or decisions that affect our children and that each of us has the right to any medical, dental, or school records of our children, Neither of us will do 6 ~ L I~l~ ~. ~h , '",e', 'o~~i" anything to hamper or interfere with the natural and continuing relationship between our children and the other parent. iv) We both agree that our Children will be known by the last name of Ambrose, v) We both agree that frequent and continuing contact with both parents is vital to our children, and therefore we both agree that neither of us will permanently remove our children from the state of Pennsylvania, the county of Cumberland, and the school district of Cumberland County, without express written permission of the other parent. vi) We both realize that the well-being of our children is of paramount importance and, therefore, we agree that our children should have as much contact as possible with the parent that does not have physical custody for a given alternating week and that our children may visit that parent as often as may be agreed upon. (1) Although contact may be scheduled more often, the parent that does not have physical custody for a given alternating week will have the right to be with our children at least as follows: (a) On Wednesday evening from 05:30 PM until the children's bedtime unless otherwise mutually agreed between the parties. (2) Holidays with date and times shall be mutually agreed upon between the parties, 7 .1,_ , , ~ I....L... _J"'., , vii) We additionally agree to use our very best efforts to insure that our children receive the most care, love, and affection possible from both parents throughout their entire childhood. b) SUPPORT i) We both agree that the Husband will pay to the Wife, for child support, the amount of $500,00 per child per month, for a total monthly payment of $1,000.00. The payments will begin 16th day of February, 2001 and will continue for each child until that child has reached the age of 18, died, become self-supporting, or married. We both agree that this obligation is subject to modification by a court at any time. ii) We agree that the required child support payments should be made directly to the parent to whom they are due and should not be required to be paid through any court or state agency or official. The parent receiving the payments, however, does not waive the right to request, at any time and in his or her sole discretion, that such payments be made directly through a court or state agency or official in the future, We both further agree that we will cooperate in obtaining any necessary income withholding orders or income assignments ifrequired to guarantee this obligation. iii) As additional child support, we both agree that as long as support payments are due the Husband will carry and maintain life insurance in the minimum amount of $100,000, naming our children as sole irrevocable beneficiaries, The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage. 8 ; - ~~ I j.1 . ., ~f,' , . iv) As additional child support, we both agree that as long as support payments are due the Husband will carry and maintain adequate health, dental, hospitalization insurance for the children's benefit. The Wife will pay the first $250,00 of the yearly required deductibles. The Husband will pay all subsequent required deductib1es after the first $250,00 required by payment of the Wife. All other medical or dental expenses ofthe children that are not covered by such insurance will be divided according to the fractional or percentage share of the total child support, The parent obligated to provide such insurance will provide the other parent with annual proof of such coverage, v) We agree the Husband may claim the federal dependency tax exemption for Tristan James Ambrose and the Wife may claim the federal dependency tax exemption for Cody Ryan Ambrose, 10) AGREEEMENT - We both desire that, in the event of divorce or dissolution of marriage, this martial settlement agreement be approved and merged and incorporated into any subsequent decree or judgement for divorce or dissolution of marriage and that, by the terms of the judgement or decree, we both be ordered to comply with the terms of this agreement, but that this agreement shall survive. We have prepared this agreement cooperatively and each of us has fully and honestly disclosed to the other the extent or our assets, income, and financial situation, We have each completed Financial Statements which are attached and incorporated by reference, 9 'n.~ I, ~, 1,...1 " ,...... """"~ We each understand that we have the right to representation by independent counsel. We each fully understand our rights and we each consider the terms ofthis agreement to be fair and reasonable, Both of us agree to execute and deliver any documents, make any endorsements, and do any and all acts that may be necessary or convenient to carry out all ofthe terms of this agreement. We agree that this document is intended to be the full and entire settlement and agreement between us regarding our marital rights and obligations and that this agreement should be interpreted and governed by the laws of the State of Pennsylvania. We also agree that every provision of this agreement is expressly made binding upon the heirs, assigns, executors, administrators, successors in interest, and representatives of each of us, 11) BREACH - If either party breaches any provision of this Agreement, the other party shall have the right, at the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or to her. 10 sJ II , '.- """."k.., Signed and dated this k day of ~ ,2001. ~~-~- flL (Sign r of Wife . ~CJ0W\~ (Signature of Witness) Y~MtJ~o--J (Signature 0 ltness) State of Pennsylvania ) ) ) ) ) SS, County of Cumberland On this k day of ~~.\IAi ,2001, TAMMY SUZANNE AMBROSE and RODNEY LEE AMBROSE p rsonally came before me and, being duly sworn, did state that they are the persons described in the above document and that they signed the above document in my presence as a free and voluntary act for the purposes stated, Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires fJe;L,J 3 d <:re;) c.~'m'_-_--------_.-~~-'l l Notarial Seal . Judith A. Stimme;i, Notal)' Public Hi:lmpden Twp., Cumberland County My Commission Ex-prres Dec. 23, 2002 Member, Pennsylvania Association ot Notaries 11 .,0 ~._". . . 1".1 FINANCIAL STATEMENT OF TAMMY S. AMBROSE EMPLOYMENT: Occupation: Electronic Banking Utility Clerk Employed by: Commerce Bank Address of Employer: 3 Crossgate Drive Mechanicsburg, Pa 17050 Every (2) Weeks 02/15/2001 Gross: 640.00/ Every (2) Weeks Pay Period: Next pay day: Rate of Pay: AVERAGE MONTHLY INCOME: Gross monthly salary or wages...,.......................,...,..., Minus Social Security...,............,..,.....,.....,...... Minus Medicare.. ................,........................ Minus Federal Income Tax ....,........,.............,., Minus State Income Tax........... ....... ................ Minus Local Income Tax .....................,.......... Other deductions from paycheck on monthly basis: Other"" ",. "., ""., .,. "" ,. "".,. "..',., ""'" ,. ",." Net Monthly salary, wages, .....,......... ......... .....,...,..., Monthly income from other sources Commissions, bonuses, etc. ..................,.........., Unemployment, welfare, etc, ............................. Dividends, interest, etc. ................................. Business income .""" .",., .." ." ,. "" ." ,. ""., .,.. ,. Rents, royalties ,.""".,.",.,.,."".....'",."",.,.",.. Other monthly income (list) Child Support (50% Custody) . ".,.,. ..,.,. ",., "". TOTAL AVERAGE MONTHLY INCOME..................,....... AVERAGE MONTHLY EXPENSES Mortgage or rental payment ".,. ,...,. ,. "".,. ,.".." ""., ". Property taxes""",."",..".",.",.".....,.,."".".,....",. Occupational taxes ., ,. ""., .",.,. ,.."." "".,. ,. ,.".. """" Homeowner's insurance..................,..............,......., $ 1386.67 $ 90,00 $ 21.03 $ 68.57 $ 40.64 $ 14.51 $ 0,00 $ 1151.92 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 0.00 $ 1000,00 $ 2151.92 $ 430,00 $ 100,00 $ 20.00 $ 23,04 l__ ~".I. . =', - I L. Electricity,........,...,..............,.....,.....,........,....., .. Water, garbage, sewer............,.....,......,..............,.... Cable television.... ...,...........,.....,.......................... Telephone............,............,.....,.......,................ ... Fuel oil and natural gas............................... ............, Cleaning and laundry.... ...,.......,.....,....................." Repairs and maintenance ,,'. "".,. ,.,.,. ,. "".,. ,. ",... ,..... ,. Pest Control,. '" ,. """ ""., """. ,. '.'. " .,.,.,. ,. ""., .",.." Housewares ,'...".,.",..."".,.",.,.,.,.,.,...,....,.",...",., Food and grocery items..........,................................. Meals outside home,. ,. """ "" ,. "....... .,., ,. .",.,. ,.,.,. ,.,., Medical, dental, prescriptions ............,....................... Education ..., ."", """ """ "".,. ,.,..... ......... .",.. "".." Day care I baby sitter, , , , , . , , , , , . , . , . , , , , . . . , , , . , . , . , , , , . , . , , , , , . ,. Entertainment................ ....................................., Gifts or donations,. ",,', ,.""., "".,. ,., .".. """. ,. "" ,. "" ,.,., Vacation expenses ,.",.,.,.,.".....,...,."".",.",."""..",.,.,. Public transportation,....... ....,...........................,.....,..... Automobile: Gasoline and oil,..................,..........,.....,.....,...,.. Repairs "., ""., ".,., .,.,.,... ."... .,.,.,... .,..., .,.,... ,., .,. License. .... ,. .,.... ....... ........ ....... ........ ...... .,.... .... Insurance.,.....,......................,......,.......,...,... .. Payments "., """. ,.,.,. ,. "".. "".,. ,. .",.,. ,.,.,. ,.,.,. ,. Insurance: Health ",. ",. ,. "".. ,..,., ...,... ,. ,." ,. ".,.,. ,. "".. ",., Disability.,.....,.....,.....,............ ..........,... ...,.... Life .",.,.,.,.,.,.,.,."".."".,.,.,.".....""...,....,.,.,. Other ,. ,. '.' "".,. ,. "" ,. "".,. ,.,.,. ,. "".,. ,. "".. "..... Any other expenses (list): Orthodontia...................,.................... ...,.......... Fixed debts on a monthly basis: Creditor ,. """ ,. """ """. ,. """" Monthly payment Creditor.. .................. ............. Monthly payment Creditor"",."""",.""."",.,.,." Monthly payment Any other debts: Creditor, "" ,. "".,. ,.,.,. ,. ".. ,. "". Monthly payment Creditor. ."... ",. ,. "".,. ,.,.,. ,. ".,. Monthly payment Creditor .",. ."". ,. ""., "".,. ,.,.,.. Monthly payment TOT AL AVERAGE MONTHLY EXPENSES,.........,.,.,.,., ASSETS: Cash ".."""".",.,.,.,.,."".."",.,.",...,.,.,...,",.,.,.,..",.., Stocks ..........,..............,....,.....,............,.............,.... 2 , J.~I $ 120.00 $ 34.20 $ 36.10 $ 54.23 $ 0.00 $ 0.00 $ 25,24 $ 0.00 $ 0,00 $ 300,00 $ 80.00 $ 20.00 $ 0,00 $ 0,00 $ 100.00 $ 25,00 $ 0,00 $ 0,00 $ 144,00 $ 0.00 $ 3,00 $ 57.33 $ 346,20 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 1918.34 $ 7500.00 $ 0,00 .'> ,,'- "' '-5.: .'> ,II -, 'I Bonds ",.,.,. ,,'., ""., "".,. ,,'..,., "".,. ",.,. ,. .,.,.,. ",.,. ",... Real estate, ...,.........................,..............,................. Automobiles ".,.",.,.",.,..."..,.""............,.,.,.,.,.,........ Contents of home or apartment.,..............,........,.....,...... Jewelry..........,....................,........... ...,.....,............. Other (list) 40 1 (K) Plan (95% Division - $7500.00 Cash) ........... EDS Retirement Plan (pP A) (50% Division) .",.,.",... TOTAL ASSESTS ...,.............................................,.. , II $ 0.00 $ 0.00 $ 21065,00 $ 5000,00 $ 2500.00 $ 41,202,69 $ 19,145.09 $ 96412.78 LIABILITIES: Automobile ................................................ Balance Due $16650.00 TOTAL LIABILITIES ................................................. $16650.00 SUMMARY OF INCOME AND EXPENSES: Average Monthly Income...............................,..........., Average Monthly Expenses,............,......................,. ,.. $ 2151.92 $ 1918.34 AVERAGE NET MONTHLy......................................,... $ 233.58 SUMMARY OF ASSESTS AND LIABILITIES: Total Assets....................... ....,.....................,.....,..., Total Liabilities,...,.............,............,..........,.....,...,... TOTAL NET WORTH ,............................................. 3 $ 96412.78 $ 16650.00 $ 79762.78 L" ,-" "~,.~- - 1,..1 ~'- Dated this ----\k day of '\sYN?~~ , 2001 ~e<- ~ /). /J.l '- (Signa~{Spouse) - State of Pennsylvania ) ) ) ) ) SS, County of Cumberland On this day, before me, the undersigned authority, in and for and residing in the above county and state, personally appeared TAMMY SUZANNE AMBROSE who is personally known to me to be the same person whose name is subscribed to the foregoing document, and, being duly sworn, verified that the information contained in the foregoing document is tme and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary act. Subscribed and sworn to before me this ~day of ~~\I,.~~ ,2001. ~ (Signature of Notary Public) Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires OE~,93 c2 ;-OJ. ~-" - r~o~':"dt-,-i Ses! ~:'ddi:h A. r;;timmB:J, i\otary F'ul1i;c ~ j Hsmpden Twp., Cumb0~j8.nd C0uni.y ~ l_~~~~~~~~~~cnis:::_~~es ~:::l3, 20Q:._J ~\i;":;iii!.;8~, Pe;'H1SYIVfiilitl ASSO:!E\tion of NO'larios 4 1,1_1 . "~"""'",-, FINANCIAL STATEMENT OF RODNEY L. AMBROSE EMPLOYMENT: Occupation: Computer Programmer Employed by: Electronic Data Systems (EDS) Address of Employer: 225 Grandview Ave. Camp Hill, Pa 17011 Bi-month1y 02/28/2001 Gross: 3785.42/ Bi-month1y Pay Period: Next pay day: Rate of Pay: AVERAGE MONTHLY INCOME: Gross monthly salary or wages,......... .,.,.. ......... ...,....... Minus Social Security,. "",... "".,. ,.""" ."",. ,. ".. Minus Medicare ...... .....,. ...... ,. ....... ,......,.... .,. Minus Federal Income Tax ..........,.,. ,..... ........., Minus State Income Tax.......... ........... ............. Minus Local Income Tax ................................ Other deductions from paycheck on monthly basis: Insurance (HMO Admin) ....,........................... Insurance (Flex HMO) .. ........ ......... ................ Insurance (Flex Dental) "., .,...,... ...,... ,.,..... .,.. .... Insurance (Flex Accident) "",.,.,."".,.,."",."".. Insurance (Life Cash) .................................... Insurance (Flex OPT LTD) ,. ,........................... Insurance (Post GUL) ...,... .........,..............,..., 401(K) Plan (6% Min. for Match) .........,.....,.,..... Stock Purchase (1 %).......,........,............,.....,..., Credit Union (Cody Ryan Ambrose) ,.... ,.,.,. ,...'.. Credit Union (Tristan James Ambrose) ..",.,.,......., Union dues ..... ,....... ....... ..,..,............... ,....... Other............ ............... ,....,.......... ,..... ,....... Net Monthly salary, wages, ......, ,....... .....,... ...,... ....,., Monthly income from other sources Commissions, bonuses, etc, .... ... ...........,........... Unemployment, welfare, etc, ......,...................... Dividends, interest, etc. ..,.............................. Business income "., "".,. ,.",. ...... ,. "".,. ,.,.,. ,... Rents, royalties, .. .. .. . .. , .. . .. , . , . , . .. .. .. .. .. . . , .. , . , . .. 1 $ 7570,84 $ 431.92 $ 101.02 $ 1105,20 $ 206.70 $ 75,70 $ 2.00 $ 45,90 $ 42,76 $ .30 $ 11.52 $ 8.92 $ 48.40 $ 454.25 $ 75.70 $ 10,00 $ 10.00 $ 0.00 $ 0.00 $ 4940,55 $ 0,00 $ 0,00 $ 0,00 $ 0,00 $ 0,00 - , ~ '. I __I. .. -'j . ' Other monthly income.............,.......,... ...,.. ,.., TOTAL AVERAGE MONTHLY INCOME.... ...,..............,... A VERAGE MONTHLY EXPENSES Mortgage orrental payment,....... ....................... ...... Property taxes"""."",."".,.",....."".,.""",."".....,. Occupational taxes """".,...',...,.",.,.,.,.".,...",.,.,.,., Homeowner's insurance.......,.............................,..., Electricity. . . , , , . , . , . , , , . . . , , , . , . , . , . , . . . . , . . . . . , , , . , . , . , , , , . , , , , . .. Water, garbage, sewer...,......,.....,..........................,. Cable television......,..................,.....,........,........... Telephone,...,.....,...........,..... ...,.....,........,.....,...... Fuel oil and natural gas..........,.......................,.....,... Cleaning and laundry, ."",." ""., "".,. ,. "".,. '. ,..... .,... Repairs and maintenance, .",.,. ,.,.,." "".,. ,. "".,. ,.,.,. ,.,. Pest Control"" ",. '. ",. ,. ."... ...".,.. "".,. ,. "".,. ,.,.,. ,.,. Housewares, , , , . , . , . , . , . , , , , , . , , , , . , . , . , . , . , . . . . . . , . . . , , . , . , . , . , . . . , Food and grocery items.............,............................., Meals outside home.... ...,.......,................................. Medical, dental, prescriptions ..................................., Education "'" ,.,.,. ,.,.,. ,.""" ""., .,., .".. "" ." ,. "".. ",., Day care I baby sitter.. .. .. .. .. .. .. .. . .. .. .. .. .. .. .. . .. .. .. .. .. .. .. Entertaimnent ..... ....,. ............... ....................... ...,. Gifts or donations.......... ....... ........ .....,........................ Vacation expenses ".. "".. ".,..... ",... ...,.,... ...,... ....' ......., Public transportation,. ",.,." "".,. ",.,. ,. "".,. ,. ",." "" ,. ",.., Automobile: Gasoline and oil,....................................,........... Repairs ",. ""., "".,. ,. ",... "".,. ,. "".,. ..,.,... .......... License. ",. ,. ",. ,. "".,. ",.,. ,. ""... ,. "".,. ,.,., .,.... .... Insurance.......,.......,..............,........,... ...,....,... Payments ".,.",.,.,.,.,.,."".,.",.,.,."".,.,.",.,.,.,.,. Insurance: Health ",.,.,. ...... '. ""., "".,. ,. ",.... ,. "".. .",.. .,.,. Disability".,.,.,.,.."""".,.,.,.,....,.,.,..",.....".... , Life "."..".'".,."".,.,.""..".,.,.,....,.,.........,.,... Other,.....................,........... ..............,...,...... Any other expenses (list): Child Support (50% Custody) ............. .................' Fixed debts on a monthly basis: Creditor "" "."" ,. ""., "".,. ,. "'" Monthly payment Creditor "" """ .,.".... ,."" """., Monthly payment Creditor "" """ """. ,.".. ,."""" Monthly payment Any other debts: 2 ,,), .-t'i110.-'-' $ 0.00 $ 4940.55 $ 1544.49 $ 157.92 $ 37.16 $ 35.67 $ 130,00 $ 118.39 $ 36.10 $ 54.23 $ 70.00 $ 0.00 $ 79,13 $ 51.50 $ 0.00 $ 300.00 $ 80,00 $ 75,00 $ 0.00 $ 596,00 $ 100,00 $ 112,00 $ 0.00 $ 0.00 $ 154,00 $ 50.00 $ 4.87 $ 57,33 $ 0.00 $ 0.00 $ 0,00 $ 0,00 $ 0,00 $ 1000,00 $ 0,00 $ 0,00 $ 0,00 .;1-~' , " Creditor,...,.....,....................,. Monthly payment Creditor., ,. "" ,., .,. ,. ...,.,. ,.,.,. ,." Monthly payment Creditor ",. "" ,. "".,. ,.,.,. ,. ,,'... ,. Monthly payment TOTAL AVERAGE MONTHLY EXPENSES .",... "".. ",... ASSETS: Cash ,.................,..................,.....,.................,....,... Stocks ."""",..."""""."",."",......",.,.,.,.",.""..,.,..,. Bonds. .",., """ """ ""., ,....,. ,.",... "".,. ,. ",... ...,., .", ". Real estate,.......... .......................,......................,...,. Automobiles "., """ """ "".,. ,.",. ,. .."., ."",." """ ",. ,. ,. Contents of home or apartment...................................... Jewelry,. ",., ""., ""., "".,. ,. '.'... .",.,. ,.,.,... ".,., .,.,.,. ",. Other (list) 401(K) Plan (95% Division) .. .............. ......... ........ EDS Retirement Plan (PP A) (50% Division) .............. TOTAL ASSESTS ,...............,.........................,...,..... LIABILITIES: Real estate.............. ........ ..,.... ............... Balance Due I I_I -", " ..~~~- $ 0,00 $ 0,00 $ 0,00 $ 4843,79 $ 500,00 $ 0.00 $ 0.00 $ 165500.00 $ 4550,00 $ 4500,00 $ 650.00 $ 2563.30 $ 19,145.09 $ 197408.39 $ 177000,00 TOTAL LIABILITIES........... ..................... ..... ............... $ 177000.00 SUMMARY OF INCOME AND EXPENSES: Average Monthly Income,.....,......... ......... ...........,....... Average Monthly Expenses, ............... ............... .......... AVERAGE NET MONTHLy.".,.,.",.,.,."".,.,.,."......... SUMMARY OF ASSESTS AND LIABILITIES: Total Assets.",.....,.,.,.,.,."".,.,.,.,.,..,.,.........,.",.,.",.. Total Liabilities...................,.......................,........,.., TOTAL NET WORTH.......................... ........ ........,... 3 $ 4940.55 $ 4843,79 $ 96,76 $ 197908.39 $ 177000.00 $ 20908.39 ,--~ '~J j'"" II , . DmedthiS~daYOf~ ,2001 State of Pennsylvania ) ) ) ) ) SS, County of Cumberland On this day, before me, the undersigned authority, in and for and residing in the above county and state, personally appeared RODNEY LEE AMBROSE who is personally known to me to be the same person whose name is subscribed to the foregoing document, and, being duly sworn, verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that said document was signed as a free and voluntary act. Subscribed and sworn to before me this ~ day of ~~ ,2001. Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires Dee., ~3 cJrr-r;J. Judil~ A. b~~~~~;~~'i;;~~!'~"W ~.~~).::I\~ h t...lclnlpden TWP" Cllm\)<.::.o.i1G .:-:,:'.~'~ ",';,"ortlmissi-c.n Exp:r'35 D\.~c. ~,l, ,~,)02 1'1 -' "" . oj 1'\d.aril:S 4 . . I II . . . ~ . . -~ , ---'f<~__ . FtB 27 20~ In the Court of Common Pleas, Cumberland County, State of Pennsylvania ) ) TAMMY SUZANNE AMBROSE ) Petitioner ) ) vs, ) ) RODNEY LEE AMBROSE ) Respondent ) ) NO. : 01-961 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over petitioner and respondent and the subj ect matter of this Order; WHEREAS, petitioner, respondent, and the Court intend that this Order shall be a Qualified Domestic Relations Order ("QDRO") as that term is used in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA"); and Section 414(P) of the Internal Revenue Code of 1986, as amended ("Code"); and WHEREAS, petitioner and respondent have stipulated that the Court shall enter this Order. SECTION 1. DEFINITIONS AND INTERPRETATIONS Terms used, and not otherwise defined herein shall have the same meaning given like terms defined in the EDS Retirement Plan, unless the context clearly indicates a different meaning. The Plan Administrator or its designee is authorized and empowered to interpret provisions ofthis Order, and its determination shall be deemed final and binding on the parties, As used in the Order, the following terms shall apply: (a) "Accrued Benefit" for any Participant who terminated employment with the Company, retired from the Company prior to July 1, 1998, or whose assigned benefit is effective prior to July 1, 1998, shall mean the Participant's Accrued Benefit under the Prior Plan calculated as of I~ ..1 I.-I _~I 'gj, . a specific date and expressed as a single life annuity, and for a Participant who has a Personal Pension Account ("PP A") under the Plan, "Accrued Benefit" shall mean the greater of Participant's Grandfathered Benefit, Prior Plan Benefit, or the PP A calculated as of a specific date and expressed as a single life annuity with a cost-of-living adjustment using the interest rate and actuarial rnortality assumptions set forth in the Plan's definition of Actuarial Equivalent. The Accrued Benefit is the amount payable at the Participant's Normal Retirement Date. (b) "Alternate Payee" is Tammy Suzanne Ambrose, whose address is 5199 Laurel Lane, Harrisburg, PA 17109, who was born on December 20, 1962, and whose Social Security Number is 168-58-1824. The Alternate Payee is the spouse of the Participant (c) "Normal Retirement Date" shall mean the Participant's age sixty-five (65) (or as otherwise defined in the Plan), (d) "Participant" is Rodney Lee Ambrose, whose address is 1350 Asper Drive Boiling Springs, PA 17007, who was born on May 15,1961, and whose Social Security Number is 208-50- 5713. (e) "Plan" shall mean the EDS Retirement Plan, as amended from time-to-time or its successor plan. (f) "Plan Administrator" shall mean the EDS Benefits Administration Committee, SECTION 2. PERIOD OF MARRIAGE Participant and Alternate Payee were married on April 19, 1986, and were separated/divorced on February 16, 2001. SECTION 3. PORTION OF BENEFIT TO BE ASSIGNED TO ALTERNATE PAYEE The Alternate Payee is awarded the following property as her sole and separate property: Alternate Payee's interest in the Plan shall be 50% of the PPA balance as of February 16, 2001. 2 , "' ' ~ , I I L - ~ "1m::' SECTION 4. EARLY RETIREMENT SUBSIDY If Participant elects to retire from the Plan before his Normal Retirement Date and ifby reason of that early retirement the Plan provides an early retirement subsidy, then Alternate Payee shall be assigned a portion of such Participant's subsidy attributable to the portion of Participant's benefits assigned to Alternate Payee hereunder. SECTION 5. FORM AND TIMING OF BENEFIT PAYMENT The Plan is hereby ordered to pay directly to the Alternate Payee the benefit set forth in Section 3 aod Section 4, if applicable, above commencing on any date elected by the Alternate Payee (aod such election shall be made in accordance with the terms of the Plan) occurring on or after the date the Participant attains his early retirement date under the Plan, The Alternate Payee shall have the right to elect any form of benefit, excluding an annuity with a joint and survivor feature, permitted by the Plan as ofthe date the Alternate Payee elects to begin receiving benefits under the Plan, SECTION 6. ADJUSTMENT OF PARTICIPANT'S BENEFIT The Participant's Accrued Benefit under the Plan shall be actuarially reduced by the equivalent of the amount required to be paid to the Alternate Payee, SECTION 7. DEATH OF ALTERNATE PAYEE Upon the death of the Alternate Payee prior to the commencement of benefits pursuant to Section 5, the Alternate Payee's interest shall be paid to the beneficiary on file with the Plan Administrator or if no beneficiary on file, then in accordance with the terms of the Plan, The Alternate Payee is not permitted to have a survivor benefit ifher death occurs after commencement of benefits pursuaot to Section 5, but was permitted to elect any other form of benefit payment offered under the Plan, on the annuity starting date, which shall determine whether aod to whom any post-commencement date death benefits shall be payable, SECTION 8. TREATMENT AS SURVIVING SPOUSE Upon the death of the Participant before retirement and before the commencement of benefits to the Alternate Payee, the Alternate Payee shall not be treated as the Participant's spouse for purposes of the pre-retirement survivor annuity with respect to the portion ofthe Participant's Accrued Benefit 3 J I" >...;.,1 111 . , 'Bo,l; ; assigned to the Alternate Payee, The benefits assigned to the Alternate Payee shall not be payable pursuant to Section 3 of the Order if the Alternate Payee is treated as the Participant's spouse for purposes of the pre-retirement survivor annuity, SECTION9. MISCELLANEOUS (a) The Participant shall cause a copy of this Order to be delivered to the Plan Administrator. This Order shall remain in effect until a further order of this Court or until all payments assigned hereunder are paid in full. Nothing contained in this Order shall be construed to require the Plan, Plan Administrator, Trustee, Plan sponsor or its officials, agents or employees: (i) To provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant under the Plan; (ii) To pay to the Participant and the Alternate Payee in the aggregate, more than the Participant's Accrued Benefit; (iii) To pay any benefits to the Alternate Payee that are required to be paid to another alternate payee under an order qualified by the Plan Administrator at any time prior to the qualification of this Order. (b) In the event the Plan Administrator does not qualify this Order, then the Participant and Alternate Payee shall cooperate and do all things reasonably necessary to devise a form of order acceptable to the Plan Administrator. (c) This Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as necessary to establish or maintain its qualification as a QDRO, provided, however, neither this Order nor any subsequent revision, modification, or amendment shall require the Plan to provide any form of benefits not otherwise provided by the Plan, or any amount of benefits which in the aggregate exceeds the Participant's Accrued Benefit. (d) In the case of conflict between the terms of this QDRO and the terms of the Plan, the terms ofthe Plan shall prevail. 4 (e) The Alternate Payee and the Participant shall hold the Plan, its sponsor and fiduciaries hannless from any liabilities that arise from following this QDRO, including all attorney fees that may be incurred in connection with any claims that are asserted because the Plan, Plan Administrator, Trustee, Plan sponsor and officials comply with the terms and provisions of this Order. (f) To the extent that the Plan pays to the Participant any benefits that are payable to the Alternate Payee under the QDRO, the Participant shall be deemed to be a constructive trustee holding the amount of such benefits in a constructive trust for the benefit of the Alternate Payee. The Participant is ordered to pay such amonnt to the Alternate Payee within thirty (30) days after the Plan notifies the Participant that the Participant has received amounts that are payable to the Alternate Payee. To the extent that the Plan pays to the Alternate Payee any benefits that are payable to the Participant under this QDRO, the Alternate Payee shall be deemed to be a constructive trustee holding the amount of such benefits in a constructive trust for the benefit of the Participant. The Alternate Payee is ordered to pay such amount to the Participant within thirty (30) days after the Plan notifies the Alternate Payee that the Alternate Payee has received amounts that are payable to the Participant. (g) When the Plan has made full payment to Alternate Payee of the benefits assigned to Alternate Payee pursuant to this QDRO, the Plan, Plan Administrator, Trustee, Plan sponsor and officials shall be discharged oftheir respective obligations to Alternate Payee. (h) All of Participant's benefits payable under the Plan, other than those payable hereby to Alternate Payee, shall be payable to Participant in such manner and form as Participant may elect in his sole and undivided discretion, subject only to the Plan requirements. (i) Alternate Payee is ORDERED AND DECREED to report any payments received from the Plan on any applicable income tax return. (j) If the Plan from which benefits are assigned under the Order terminates with an unfunded liability and the Pension Benefit Guaranty Corporation ("PBGC") makes benefit payments in connection with such Plan, and if the amount of the total benefit payment to be paid to both the Participant and Alternate Payee is thus decreased, then the Participant's benefit payments and the Alternate Payee's benefit payments each will be reduced by the same percentage. 5 ~ L/ Date: fv1 U(. ~ 20 6{ SUBM~ ~\ CUTE ~atep ee ~ ~ \ ~--~=)'.D' v 1.1 i U , t~~~\ 6 ^ <~ ~, ~~'I~i_, J" " Idd 'j~' _'_;~ '-;oJ'_""I_~;'~'_.__" "_=' 1",li i, FEB 2 7 200,tJ -"\' In the Court of Common Pleas, Cumberland County, State of Pennsylvania ) TAMMY SUZANNE AMBROSE) Petitioner ) ) ) ) ) ) ) ) ) ) NO.: 01-961 CIVIL TERM vs. QUALIFIED DOMESTIC RELATIONS ORDER RODNEY LEE AMBROSE Respondent WHEREAS, this Court has jurisdiction over petitioner and respondent and the subject matter of this Order; WHEREAS, petitioner, respondent, and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a AQDRO=) as that term is used under the Employee Retirement Income Security Act of 1974, as amended by the Retirement Equity Act of 1984 (ERISA); and WHEREAS, petitioner and respondent have stipulated that the Court shall enter this Order. SECTION 1. DEFINITIONS. As used in the Order, the following terms shall apply: (a) "Participant" shall mean Rodney Lee Ambrose, whose current address is 1350 Asper Drive, Boiling Springs, PA 17007, who was born on May 15,1961, and whose Social Security number is 208-50- 5713. (b) "Alternate Payee" shall mean Tammy Suzanne Ambrose, whose current address is 5199 Laurel Lane, Harrisburg, PA 17109, who was born on December 20, 1962, and whose Social Security number is 168-58-1824. The Alternate Payee is the former spouse of the Participant. (c) "Plan" shall mean the EDS 401(k) Plan. (d) "Plan Administrator" shall mean the Benefits Administration Committee for the Plan. SECTION 2. DATE OF MARRIAGE 1 '-"'- II , "J .' Participant and Alternate Payee were married on April 19, 1986, and were separated/divorced on February 16, 2001. SECTION 3. AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE The Alternate Payee is awarded the following interest in the Plan as her sole and separate property: Alternate Payee interest in the Plan shall be 95% of the Participant vested account balance as of February 16, 2001, subject to earnings and losses subsequent to February 16, 2001. SECTION 4. TIMING AND FORM OF PAYMENT TO ALTERNATE PAYEE Benefits payable to the Alternate Payee as set forth in Section 3 above may commence as soon as practicable after the Order is qualified. The form of benefits available under the Plan are as follows: (1) lump sum distribution, 2) periodic payments, 3) in kind distribution for stock, or 4) annuity payment. The Alternate Payee must commence benefits upon the Participant's attainments of age 70).1.,. If the benefit awarded to the Alternate Payee is equal to or less than $5,000 the Alternate Payee may receive a lump sum involuntary cash-out. SECTION 5. DEATH OF ALTERNATE PAYEE Upon the death of the Alternate Payee prior to the receipt of distribution to the Alternate Payee, such benefits shall be distributed to the Alternate Payee~s beneficiary on record or, if none, to the estate of the Alternate Payee per Plan. SECTION 6. DEATH OF PARTICIPANT In the event of the death of the Participant after qualification, but prior to the receipt of a distribution to the Alternate Payee, the Alternate Payee shall be entitled to a distribution only to the extent provided under the Order. SECTION 7. MISCELLANEOUS (a) The Participant shall cause a copy of this Order to be served on the Plan Administrator(s). This Order shall remain in effect until a further order of this Court. Nothing contained in this Order shall be construed to require the Plan or Plan Administrator: (i) To provide to the Alternate Payee any type or form of benefit not otherwise available to the Participant under the Plan; (ii) To provide to the Alternate Payee increased benefits not available to the Participant; or 2 ,"I I_I '...' ~ ~ '*, . , (iii) To pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another order determined by the Plan Administrator to be a QDRO before this Order is determined by the Plan Administrator to be a QDRO. (b) The Participant~s account balance shall be reduced to reflect any payment pursuant to this QDRO and any subsequent payment to the Participant or to an Alternate Payee under a subsequent QDRO, shall reflect said reduction in the Participant~s account. (c) A separate account will be established for Alternate Payee to whom payments are due. (d) In the event the Plan Administrator or its Agent does not approve the form of this Order, then each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Plan Administrator. (e) This Court retains jurisdiction to enforce, revise, modify, or amend this Order insofar as necessary to establish or maintain its qualification as a QDRO, provided, however, neither this Order nor any subsequent revision, modification, or amendment shall require the Plan to provide any form or amount of benefits not otherwise provided by the Plan. (f) In the case of conflict between the terms of this QDRO and the terms of the Plan, the terms of the Plan shall prevail. The QDRO shall not be interpreted to provide anything otherwise impermissible under the terms of the Plan. (g) The Alternate Payee and the Participant shall hold the Plan (and its sponsor and fiduciaries) harmless from any liabilities that arise from following this QDRO, including all attorney fees that may be incurred in connection with any claims that are asserted because the Plan honors this QDRO. (h) To the extent that the Plan pays to the Participant any benefits that are payable to the Alternate Payee under the QDRO, the Participant shall be deemed to be a constructive trustee holding the amount of such benefits in a constructive trust for the benefit of the Alternate Payee. The Participant is ordered to pay such amount to the Alternate Payee within thirty (30) days after the Plan notifies the Participant that the Participant has received amounts that are payable to the Alternate Payee. To the extent that the Plan pays to the Alternate Payee any benefits that are payable to the Participant under this QDRO, the Alternate Payee shall be deemed to be a constructive trustee holding the amount of such benefits in a constructive trust for the benefit of the Participant. The Alternate Payee is ordered to pay such amount to the Participant within thirty (30) days after the Plan notifies the Alternate Payee that the Alternate Payee has received amounts that are payable to the Participant. (i) The benefits hereby assigned to Alternate Payee shall paid to Alternate Payee not withstanding Participant's anticipated continued employment with EDS. 3 ~ ' _~~-I I"' - '~ C''''''""'l:i U) All benefits payable under the EDS 401 (k) Plan, other than those payable to Alternate Payee shall be payable to Participant in such manner and form as Participant may elect in his/her sole and undivided discretion, subject only to the Plan requirements. (k) Plan Administrator is relieved of allliability/responsibility hereunder once all payments are made. (I) Alternate Payee is ORDERED AND DECREED to report any payments received under the Plan on any applicable income tax return. 4 . Date: rC L 2'l. I ~~ ECUtED Y: 20~ ayee \02>. B.I- .~ C URTJUDGE I, "., -0'". 1.11 , .' ()\ ^# 6' t<< 0,>0 ~ 5 ~ - .-' , '--'-1'" ;Ji~i:k~~~I~:lt&IliI/>l:l;i'<h;l<',~illll!l,"~~~Il%,""WlV~1,41jf!Jh',;!j;J:'0""~,,,-,,,,;~..-id<,~"1,~-4lW'i'~'';'1''~-.& """,~.~-.,-..~ ~"~~~~ioW.iI~g' J,J!!!I"c,,,..JJ .-., .~"~.c _<..' __""""""" _~',,'<<'-S.' ."'.,., , w~~ ~~ >,.. ',,"~ ,__~_",~"_,,,,.,~= ~" . c. ,.". " ~ ._ ,., , -, """-""~"- .~ . , ,~-" -CJ (.',-, C!)f-:--' .'-_.. , ::..-: ~ ' . r'~:: C,; :--; 3.~t~; ",,;, ::2 '"~ -~---'" ,. , ........... o D (- .~~ ."~,, -,~........... . -:) :? u:J :-:~ j.] -. ~.~x \~~y~ ~ lL~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. ~'i~~ ~\ CIVIL DIVISION NO. 0\-'\0\ CIVIL TERM 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 !l3301 (c) 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: ~ \~ I ~\ 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required bY!l3301 (c) of the Divorce Code: by plaintiff ~ \l \~\ ; by defendant ~I \l'I~ (b) (1) Date of execution of the affidavit required bY!l3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: ~t.. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in !l3301 (c) Divorce was filed with the Prothonotary: ~y \11 ~\ Date defendant's Waiver of Notice in !l33 the Prothonotary: ,,,~k,~~I~~~f'm~;~'i!i1i'_!l-.ilirtllt""~~:''''~;_'''~,''-'I'''ii-''''Wj;,,"_~,~,_,,-;\;tij~""'"""","~-,,",,"-..., '~.'>':'1 !f~~~ ...._.........,,~~ ~U,+..-b,,~ "~- .-, ~ ITlIlm . ".~ ,.' .,,,,~,,,-"".,,,"- -" <_.~, ,~,,~-~--~~ <~ ,--- .. "',,, ~. C> c: 52~~ zr"- Cr')2::-: -<-"'., r-:::~-"f ::< """., >C' Z> --C) Pc: 2': -j -. a :rr: ~;'" -< _J ;~ ~~) "", "j ,-C-) -;:'':;:~ ~" ::;:;! j~ .;,.) C0 \ , '.~ . .>. II:h....... -.1-', ~\<~L ; , In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: TAMMY SUZANNE AMBROSE Plaintiff vs. RODNEY LEE AMBROSE Defendant And in the interest of: TAMMY SUZANNE AMBROSE and RODNEY LEE AMBROSE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. : 01-961 CIVIL TERM CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE The undersigned Defendant states on oath, that: 1. RESIDENCY. I have been a resident of and domiciled in the State Pennsylvania for the proceeding 39 years and the County of Cumberland for the preceding 10 years. 2. ACCEPTANCE. I have hereby depose and say that I personally received and accepted service of a true and correct copy of the Complaint For Divorce which was filed in this cause and I have read and understand it and admit all of the allegations contained in it on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 1 ,J'I,'1 ~'". i>.IQ~'l9i - . Dated this ~\ day of ~\\ \ ,2001 State of Pennsylvania ) ) ) ) ) SS. County of Cumberland On this ~\ day of ~ personally came before me and, being duly sworn, did state that he is the person ,2001, RODNEY LEE AMBROSE described in the above document and that he signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated and that a copy of the Compliant has been received. ~j{~Mt (Signature of Notary Public) Notarial Seal Oanls9 S. Kocotl. Notary Public East Pennsboro Twp., Cumbsrland County My Commission Explr9. May 29, 2003" M€'!I~Bl1nSYlvai1ia A;;;~;:-i;:;noti'Jo~a(TBS'~ Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires {) !},';,f( - () 3 2 ~~1!~_1I.IIi1U1iiIK;W;iN~"";'tH''''w~w.~g"t.aili;ll!l'~,i<!.;~"".""",m,,,,''",,",;"-,,",,,~~.ili"~_~~~I/I<~~.;M;j',",",,...I.<~'~~~~~~~ III Y- o C -r:.1l~<" I-,ll' -;;. ~7!-' (71 :~ f~:l; J~; (':1 ;:~; :".:j --<. M_."'~ C) -..,., lit.::., . ~ --) ;"-..J (..) ?:': 01 ! .. t -- _, d' ..,~_l_ : li:.1 c.- ' .-,' ~ ,1..OiIl"~lllW,W__ '. In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CIVIL ACTION - DIVORCE TAMMY SUZANNE AMBROSE Plaintiff NO. : 01-961 CIVIL TERM vs. RODNEY LEE AMBROSE Defendant And in the interest of: TAMMY SUZANNE AMBROSE and RODNEY LEE AMBROSE CONSENT AND WAVIER OF COUNSELING The undersigned Plaintiff states on oath, that: 1. SERVICE OF PROCESS. A Compliant For Divorce under Section 3301(c) of the Divorce Compliant was filed on the 16th day of February, 2001. 2. MARRIAGE. The Plaintiff and Defendant were married on the 19 day of April, 1986, in the State of Pennsylvania and lived together as husband and wife until on or about the 16th day of February, 2001, at which time they separated and ceased to live together and they have lived separate and apart without cohabitation ever since. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the compliant. 3. WAIVER OF COUNSELING. I consent to the entry of a final decree in divorce after service of Notice ofIntention to Request Entry of the Decree. 1 . ~ - ~,~, <-,'hj u ^ ,~, ...,;:;.,.;:,;. . f 4. WAIVER. 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. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. 2 J, '.1.1 ~'~. ~ 1 Dated this n day of ~ ,2001 ry~, tLL (Signa 0 Plaml1ff) State of Pennsylvania ) ) ) ) County of Cumberland ) SS. On this ----1l day of ~y personally came before me and, being duly sworn, did state that he is the person ,2001, TAMMY SUZANNE AMBROSE described in the above document and that he signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated. Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires J/13r..,j 3 ~ IJ().J, --'""-o- J d' Notarial Sea;-..-----~ --'."'" 1 Ha~d~~~T Stimmell, Nctary PUbiic f My CommiSS:'E~~i:~e2~~~ 2~~~~~2 ,f Member, Pennsyfvania AssoC;:--"i-J"-,,;-;~~M.::,~J " '_J' ..1 ",I)"-,,I(j.:; 2 ]~iiiii~if;~~~~~~.:.J;;;jli>Uii,ll\lJ.)l!ful~,g'l1il~}:::&"'-H""I"I;;;:-,,__<k,",f,;j,",'l':'"_~""-M""!!l!ill\5'!iijRjHilJ1l~~""'""'<J.ii~I!jJJiIW.;'..'t~""'''''"'i!lli~~~ ILL ~ ~ ~ ".,-", '._~ ,-'-""",_. '- ~ '~'" ,,~" ~- ".-- "'" p _ "C,-_"'c ,c.~_ ,~~" ,. ,.~-, ~ ~-~ ~~.~, ~I \, , C) c:; ~;; ..~'" ---,~ -c.JtX: ::::.;" mp' ..~.~ -;;"-, ~~~ .-J Ge, ~ )> ("~ -'" z_;;--:;, 5 s> ~, c:;:; ~- ::=:j :'0 "h -<. (]'\ :..<: ,.. ~ 1".11 .-~ J iffit: In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: TAMMY SUZANNE AMBROSE Plaintiff vs. RODNEY LEE AMBROSE Defendant And in the interest of: TAMMY SUZANNE AMBROSE and RODNEY LEE AMBROSE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. : 01-961 CIVIL TERM CIVIL ACTION - DIVORCE WAVIER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE The undersigned Plaintiff states on oath, that: 1. CONSENT. I consent to the entry of a final decree of divorce without notice. 2. WAIVER. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. DIVORCE DECREE. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 1 -~. ! I ". ~. Dated this ~ day of \Y\d ,2001 l'-( ~'^. ilL (Signa e o[Plaintiff) State of Pennsylvania ) ) ) ) County of Cumberland ) SS. On this \l day of ~y ,2001, TAMMY SUZANNE AMBROSE personally came before me and, being duly sworn, did state that he is the person described in the above document and that he signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated. Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires PEe.. ':?/ =r .,(00 :J.. Notarial Seal Judith A. Stimmefl, Notary Public Hampden Twp.. Cumberland County My Commission Expires Dec. 23, 2002 Member, Pennsylvania Association of Not3riBS 3 ! , _~,~_ 0'" ~" ~olifj~fi~m::~~llmif,jli'J::,wiilliM!lfJ~"'Il_,ij,,~;i1Hj""~"'''''"\;">';>''iU''''''''."'_<Mi1,",,*,""d1I!"'~~~~~**~~"~ JII..L",". ....... "^,~m_' ,~.~~,' ,. .=". ' ',,,,","'-"" ,"- ~, ~"~.,. - ., "__~ , ~';' ., ~" ,.,. d. O~~ -n o C !tJJ~~ is ~~-' ~'. J"~ - ~ ~8 ""7- ~ ~"\.) ('J) --' .'> ..... c~; -;c>o- :.;; u,< ___i :t::-:;., S5 l~~,; "-', " ~D --< "-- .'<' ,. .<t- ..- 11..:.1 :~ii_;oo0,) , , In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: TAMMY SUZANNE AMBROSE Plaintiff vs. RODNEY LEE AMBROSE Defendant And in the interest of: TAMMY SUZANNE AMBROSE and RODNEY LEE AMBROSE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. : 01-961 CIVIL TERM CIVIL ACTION - DIVORCE CONSENT AND WAVIER OF COUNSELING The undersigned Plaintiff states on oath, that: 1. SERVICE OF PROCESS. A Compliant For Divorce under Section 3301(c) of the Divorce Compliant was filed on the 16th day of February, 2001. 2. MARRIAGE. The Plaintiff and Defendant were married on the 19 day of April, 1986, in the State of Pennsylvania and lived together as husband and wife until on or about the 16th day of February, 2001, at which time they separated and ceased to live together and they have lived separate and apart without cohabitation ever since. The marriage of Plaintiff and Defendant is' irretrievably broken and ninety (90) days have elapsed from the date offiling and service of the compliant. 3. WAIVER OF COUNSELING. I consent to the entry ofa final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 1 " '-L ,_ I L- ,. P,-'l:ii,kj .~ -t_ . , 4. WAIVER. 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. Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. 2 J_~ JI~I , ,I, ~~"._"-;,, >. . ,l . . Dated this \1 day of ~y ,2001 State of Pennsylvania ) ) ) ) ) SS. County of Cumberland Onthis~dayof ~y ,2001, RODNEY LEE AMBROSE personally came before me and, being du~y sworn, did state that he is the person described in the above document and that he signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the purposes stated. GL (Signature of No ary Public) Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires PEe d 3 :(1101.0 . Notarial Seal Judith A. Stimmell, Notary Public Hampden Twp., Cumberland County My Commission Expires Dec. 23, 2002 Member, PennsylvanIa AssociatIon of Nota~ies 4 - " of' -; t . . _."'-rL -"j ,-' . .. In the Court of Common Pleas, Cumberland County, State of Pennsylvania In re: The Marriage of: TAMMY SUZANNE AMBROSE Plaintiff vs. RODNEY LEE AMBROSE Defendant And in the interest of: TAMMY SUZANNE AMBROSE and RODNEY LEE AMBROSE ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) NO. : 01-961 CIVIL TERM CIVIL ACTION - DIVORCE WAVIER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE The undersigned Plaintiff states on oath, that: 1. CONSENT. I consent to the entry ofa fmal decree of divorce without notice. 2. WAIVER. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. DIVORCE DECREE. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 1 " , " ',C.O" "~J" .- l 0 )" ll. ... . ~.. ~ ,2001 State of Pennsylvania ) ) ) ) County of Cumberland ) SS. On this ~ day of w..y ,2001, RODNEY LEE AMBROSE personally came before me and, being duly sworn, did state that he is the person described in the above document and that he signed the above document in my presence and verified that the information contained in the foregoing document is true and correct on personal knowledge and acknowledged that the document was signed as a free and voluntary act for the putposes stated. Notary Public, for County of Cumberland State of Pennsylvania My Commission Expires De c.. :1:3 :?! 0 ::). L' '". , JUdi.th. A. ~=::!_~.7~~:,~" "\'.~);,\; Hampde~TW0 r, ,".:12IloGounty ~~Cl')""'-n'("; " I;Xplres Dec. 23, 2002 ~' ''c ;1 ;;iyj.;'ailia Association at Notaries 4 ~~,~aWl\!&~~;!I,..db.'""".Jtl!~lV!il1<j;If.w.!lIiIg,II~i.r!t"':"JJt-:'.r"-"rj":~.0.,,,.&,;,;.("~,.o^""",,,;,j~~'~"'~~~"""""1l:~llIill~~' . .. ~ .Lc~c._ ~~ ,,~=. ~~~, ,_~,~ ~_,_"~~ O~~~~,. ,M,~,~ , '"~ _~'-I, .11_ " ~ o C 7' -crc~ filfT' Z-'l -;? F~ ~~;;: ~c: J;(J eel rC ::=\ -<". ,-<..0 o :5: -~~ -<.~ -, t -.. ~ ....j , 1-'-, , _,'-~ ?~S \-'j ::':4 ~ -",- ~~: 9 ,......) ('f\