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HomeMy WebLinkAbout01-04888IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~S7ATE OF PENNA. ~ ~ _ -~' JOHN E. McCANNA ~~ Plaintiff VERSUS LONNI K. McCANNA Defendant N O. 01- 4888 CIVIL TERM DECREE IN DIVORCE ~~;~ ~j AND NOW, ,I~r/~ IT IS ORDEREDIT IS ORDERED AND DECREED THAT John E, MCCdnria ANO Lonni K. McCanna ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF REGORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ROTHONOTARY ~~s•~~ JOHN E. McCANNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. No. OI-488$ LONNI K. McCANNA, Defendant 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: Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail, August 22, 2001. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff, November 27, 2001; by the Defendant November 27, 2001. 4. Related claims pending: None. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 29, 2001. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 29, 2001. Date: November 29, 2001 .~ ~~ Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 Supreme Court ID No. 81924 ~~' n - T: "b U y .i. . r y ~, c:a ' , ' ~ ~ " ', -=~:._ r C. , ~C - - - i .: ~ : ~ '- .. -- - _ ~.'r-. , ... .4 - ~ <L7 - G i w. -t, JOHN E. McCANNA, Plaintiff v. LONNI K. McCANNA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, 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 Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 JOHN E. McCANNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. No. Q l ~ < 0 0 LONNI K. McCANNA, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is John E. McCanna, who currently resides at 84 Victory Church Road, Gardners, Cumberland County, Pennsylvania, since 1990. 2. Defendant is Lonni K. McCanna, who currently resides at 84 Victory Church Road, Gardners, Cumberland County, Pennsylvania, since 1990 . 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 22, 1981, in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: --~s C: John E. McCanna, Plaintiff By: arl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 .~, JOHN E. McCANNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. No. 01-4888 LONNI K. McCANNA, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND AND NOW, this 28t° day of November, 2001, I, Karl E. Rominger, Esquire, attorney For John E. McCanna, Plaintiff, in the above-captioned action, hereby swear that I have served a true copy of the Divorce Complaint, executed by the Plaintiff in the above-captioned matter, upon the Defendant by depositing the same in the U.S. Mail, postage prepaid, certified, return receipt requested, restricted delivery. The original return receipt card signed by the Respondent on August 22, 2001, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. Dated: November 28, 2001 By: ~.~..~-~ Karl E. Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717)241-6070 I.D. # 81924 ~,~ ~1 ` ~ r~ r .'~" :1~' mr - G.~~ .._ __ ~~'~ ....7 cn~ ~c - ~`- ~~ _ ~ a~ ~ "~' '= :a "~~ itarn 4 if Restdcted Delivery.is desired. ^ Wlktt your name and address on the reverse sa that we can return the. card to you. r MEaeh this card to the back of the mailpiece, - or on the front 'rf space permits. 1. Ardete Addressed to: ~~/! ~19/fJIIJ~ ~// ~~~C,/~i>J~~1 ~*"~! ~ ~ t~tr~ G~jU/z C'~i ~~~s, ~ i73a ~ Received C. Sign ure "" ` yY/ ^ Agent s d Ilvery address different from item 1? ,^,yyYes If VES, enter delivery address below: l+l No 3. Service Type f~Certified Mail ,^,yy~F~~epress Mail ^ Registered 4awetum Receipt for ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) , 2. , +NfirtibeF /CdDV•YCdfn serv~ir~e Igbell : ' ' :: ; !J'~ 'J E "ME _ li N sF ~7i { I" i% ii i f~ ri tY Receipt 1BPrt$6A0-FAi&962 EXHIBIT "A" ("} v~S ; 7 ~ __ ._ i_- ~.t; }_! __ _ ~ , ~ ~ -T ~ L K ;\J ..~ ~_~ ti JOHN E. McCANNA, Plaintiff v. LONNI K. McCANNA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. OI-488} IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~ _~ / Jo cCanna, Plaintiff c~ ~ c r. --- -.. -v rn _ 1., V~ r-"'. tL' - C' _4~~:~ :"~ U ,'_. ~C -C JOHN E. McCANNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. No. 01-488 LONNI K. McCANNA, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 21, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: >~ ~ ~ o / cC John E. McCanna, Plaintiff ~'} C _. ~: T7 T ~_ 1 ,r ~~r~~ ~ - .~ _r. _ - Gry - _ , ~- ~t - - ! S: l.~ y- ~. - i J ' c J; ~~~~~, . JOHN E. McCANNA, Plaintiff v. LONNI K. McCANNA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW No. 01-488 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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 in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unswom falsification to authorities. Date: // /a p~b/ Lonni K. McCanna, Defendant ~~ ~~ ~~ f-" (' G. .._... -r; <R? ~: z ~,.. "`%' U~,- w - ~~ -Ij _i CjJ ~. :T °~~ "-y i0~~"~~S JOHN E. McCANNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW v. No. 01-488$ LONNI K. McCANNA, Defendant 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 21, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: l~ ~ ~ / ' /~ / r l ~~_ Lonni K. McCanna, Defendant c> ~> c _- ~° ti ~ ~~ ~_ ~ ~ -- .~ ~ ` `h.: _ V~ ~ ; t ~~ Y ~ L' ~3 .~~ n.. -{ ~ T . ~ JOHN E. McCANNA, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW LONNI K. McCANNA, ~~ ' ~ ~ y ~~~ Defendant : IN DIVORCE AND NOW, this 30'' day of /-'~o N~ , 2002, pursuant to the marriage settlement agreement and stipulation entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: 1. I~fying Information. 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant") who is has a retirement income plan with Central Pensylvania Teamsters. 2. The Participant's social security number is 189-38-7933. 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). 5. The Alternate Payee's social security number is 267-06-4350. 17013. 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 7. The Alternate Payee's date of birth is December 1,1952. 8. The parties were married on October 22, 1982 and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. II. Method of Dividing the Participant's Benefits. 9. The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. a. The Alternate Payee shall receive a benefit equal to 50% of the gdro2.wpd -teamsters Participant's vested account balance as of the Plan valuation date immediately following October 25, 2002. 10. The fund shall separately account for the benefits awarded in Paragraph 9 as soon as administrable after this Order is determined to be a ODRO. 11. The Alternate Payee may elect to receive payment from the Plan in any form which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity.) 12. The Alternate Payee may select a beneficiary to receive his or her benefits in the event the Alternate Payee should die prior to receiving all or his or her benefits by filing a beneficiary designation form with the Fund Office. In the event that the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 13. The Alternate Payee may elect to receive payment from the Plan atthe Participant's earliest retirement age or, if earlier, atthe earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means 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 50 or (b) the earliest date which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. Other provisions. 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 16. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. C~° R~S y 3o-oz >~ o . Ol-~t~. Romin(Qe R 0 ~ ~ou~n Js BY THE OURT ~R J. JOHN E. McCANNA, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW LONNI K. McCANNA, ~~ ' ©1 Defendant : IN DIVORCE STIPULATION AND AGREEMENT AND NOW, this ~ ~$~ day of ~, ~~ , 2002, pursuant to the marriage settlement agreement and stipula i~f on entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: I I entifyina Information 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant") who is has a retirement income plan with Central Pensylvania Teamsters. 2. The Participant's social security number is 189-38-7933. 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). 5. The Alternate Payee's social security number is 267-06-4350. 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 17013. 7. The Alternate Payee's date of birth is December 1,1952. 8. The parties were married on October 22, 1982, and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. This Order and Stipulation applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II. Method of Dividing the Participant's Benefits 9. The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. a. The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the Plan valuation date immediately following October 25, 2002. s ~ 10. The fund shall separately account for the benefits awarded in Paragraph 9 as soon as administrable after this Order is determined to be a ODRO. 11. The Alternate Payee may elect to receive payment from the Plan in any form which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity.) 12. The Alternate Payee may select a beneficiary to receive his or her benefits in the event the Alternate Payee should die prior to receiving all or his or her benefits by filing a beneficiary designation form with the Fund Office. In the event that the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 13. The Alternate Payee may elect to receive payment from the Plan atthe Participant's earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means 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 50 or (b) the earliest date which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. Other provisions. 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 16. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. Agreed this ~ ` S~ Day of { ~~_ WITNESS i~ ~~ W~T-NESS ~ , 200~r: 11 ~G/~ o~~hn//E. McCannya~,~P~la/intiff C/1 lfY'+vt.i ~1 r 1 ~C~iN1~,. Lonn KiLonn McCanna, Defendant ., c> ~ ~.~ ~~: -. „ ,,~ ~ r c`' ~~ _ ° =~ ~;`; . . ... C.., y'C r..~7 , C..- µ I "i Gh ` ]- ~{ ~S /`7 .. _ _ _ wz. ... m+~mwa~gew@ewre[a+s~ 'ee~s ~~*=..:,~,~ r,~w+ :-.y„ ..:-e+~^.~ ~'+r>s,~ae..'+.rsra r i ,rsr-•~¢v:eti~eR~~.:+~Ffitl~??'. JOHN E. McCANNA, Plaintiff v. LONNI K. McCANNA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW /C/D ~ ~ --'" ~( ~~~ 1N DIVORCE ORDER AND NOW, this ?o ` day of /~jwn / , 2002, pursuant to the marriage settlement agreement and stipulation entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: 1. This Order is intended to constitute a Qualified Domestic Relations Order under Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and Section 414(p) of the Internal Revenue Code of 1986, as amended. This Order supersedes all previously filed Orders in this matter relating to this subject. 2. The Alternate Payee is entitled to receive and is irrevocably assigned 50% of the Participant's vested benefits under the Plan. If a percentage is specified, the percentage is to be applied to the Participant's total vested account balance excluding any outstanding loans. In no event will the amount assigned exceed the participant's total vested account balance excluding any outstanding loan balance. 3. This Order applied to Participant's vested benefits under the Plan as of October 25, 2001, (called the "date of division"). The amount assigned to the Alternate Payee will not be increased or decreased to reflect its share of any investment eanungs or losses credited to the Participant's Account between the date of division and the date of distribution. The Alternate Payee shall have no rights in or to the portion of the Participant's interest in the Plan not assigned by this Order, or to any contributions or loan repayments allocated to the Participant's Account after the date of division. 4. The entire amount described in numbers 1 and 2 above shall be available to the Alternate Payee on or after the Participant's attainment of his earliest retirement age, within the meaning of the Internal Revenue Code Section 414(p). However, if the Plan so provides, such amount shall be instead available pursuant to plan procedures as if the participant terminated employment and would have been eligible under the terms of the plan to receive a lump sum distribution upon termination of employment, in which case such amount shall be available as saon as practical, on or after the effective date of the plan administrator's deternunation that this Order is a Qualified Domestic Relations Order using the most recently determined value. The lump sum distribution will be pro-rata by types of accounts and investment options. gdroLwpd - GPS. P,'-, ~ ~¢ i Pi h.f ~-l7~:~ /t~1\~ ' i~~u;~ I h_~'_ _,J 5. Notwithstanding anything in this Order to the contrary, the Plan shall not be required to: a. Provide the Alternate Payee with increased benefits; b. Pay benefits to the Alternate Payee which are required to be paid to another Alternate Payee under a previous domestic relations order previously determined by the Plan to be a Qualified Domestic Relations Order; c. Provide any type of form of payment or opfion not otherwise provided under the Plan. -oP,u° ~930~ R~5 -~ O ~rnS '~omil~9eR RY THF. C(IiTRT• JOHN E. McCANNA, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW avaa ~D / - ~ ~~g- LONNI K. McCANNA, Defendant : IN DIVORCE STIPULATION 1.On December 4, 2001, this Court entered its Decree dissolving the marriage of the parties. 2. This Stipulation and Order is intended to constitute a Qualified Domestic Relations Order under Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and Section 414(p) of the Internal Revenue Code of 1986, as amended. This Order supersedes all previously filed Orders in this matter relating to this subject. 3. John E. McCanna, (hereinafter referred to as "Participant") the Plaintiff in this case, is a Participant in the GPS Transportation, Inc. Et. A1.401(k) Plan (hereinafter referred to as "The Plan"). 4. It has been determined by this Court that Lonnie K. McCanna, (hereinafter after referred to as "Alternate Payee") under this Order is entitled to a certain portion of the Participant's benefits under the Plan, inasmuch as this Order related to the provision of child support, alimony payments, or marital property rights to an Alternate Payee pursuant to the Domestic Relations Law of this jurisdiction. 5. The name, address, date of birth, and social security number of each of the parties is as follows: Name Address Date of Birth SS# Partic~,~t. John E. McCanna 321 Garland Drive 4/25/52 189-38-7933 Carlisle, Pa. 17013 Alte~yee: Lonni K. McCanna 316 McCallister Church Rd 12/1/52 267-06-4350 Carlisle, Pa. 17013 . . y. 6. The Alternate Payee is entitled to receive and is irrevocably assigned 50% of the Participant's vested benefits under the Plan. If a percentage is specified, the percentage is to be applied to the Participant's total vested account balance excluding any outstanding loans: In no event will the amount assigned exceed the participant's total vested account balance excluding any outstanding loan balance. 7. This Order applied to Participant's vested benefits under the Plan as of October 25, 2001, (called the "date of division"). The amount assigned to the Alternate Payee will not be increased or decreased to reflect its share of any investment earnings or losses credited to the Participant's Account between the date of division and the date of distribution. The Alternate Payee shall have no rights in or to the portion of the Participant's interest in the Plan not assigned by this Order, or to any contributions or loan repayments allocated to the Participant's Account after the date of division. 8. The entire amount described in numbers 1 and 2 above shall be auailable to the Alternate Payee on or after the Participant's attainment of his earliest retirement age, within the meaning of the Internal Revenue Code Section 414(p). However, if the Plan so provides, such amount shall be instead available pursuant to plan procedures as if the participant terminated employment and would have been eligible under the terms of the plan to receive a lump sum distribution upon termination of employment, in which case such amount shall be available as soon as pracfical, on or after the effective date of the plan administrator's determination that this Order is a Qualified Domestic Relations Order using the most recently determined value. The lump sum distribution will be pro-rata by types of accounts and investment options. 9. Notwithstanding anything in this Order to the contrary, the Plan shall not be required to: a. Provide the Alternate Payee with increased benefits; b. Pay benefits to the Alternate Payee which are required to be paid to another Alternate Payee under a previous domestic relations order previously determined by the Plan to be a Qualified Domestic Relations Order; c. Provide any type of form of payment or option not otherwise provided under the Plan. Agreed this ~ l ~°~ Day of ~~' ~~. WITNESS L~-~ vVIT~Ss 200 o~by: l~ i~~v c ohn E. McCanna, Plaintiff r Lo ' K. McCanna, Defendant .„ . c~ ~-~ ~=~ ~ - 8"., TI .~ __{ i;.{' ~"J h, ,J-7 _s ~.- _:~ ~-}L} ` ~ 1i ~ ~. ~.~ rs r ew JOHN E. McCANNA, Plaintiff v. LONNI K. McCANNA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER REGARDING PLAINTIFF'S DEFINED BENEFIT PLAN AND NOW, this 3~' day of Fp »( , 2002, pursuant to the marriage settlement agreement and stipulation entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: I. Identifyina Information. 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant"). 2. The Participant's social security number is 189-38-7933. 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). 5. The Alternate Payee's social security number is 267-06-4350. 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 17013. 7. The Alternate Payee's date of birth is December 1,1952. 8. The parties were married on October 22, 1982, and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. 9. This Order and Stipulation applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. gdro3.wpd -teamsters :`~ ~_. ., Y I~:,j) 1~~p~ ~! I -?rr ..:`i'ii; li7 C, G .{ "!~' JC? ,~ . ~ r; R- ., ~ F. ~„ II IVlethod of Dividing the Participant's Benefits• SHARED INTEREST. 10. The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the plan. 11. The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the Plan valuation date immediately following October 25, 2001. 12. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan. In the event that the Participant dies prior to the Earliest Retirement Age, the survivor benefit shall be paid to the Alternate Payee. In the event the Participant dies after benefits have commenced, the survivorship shall be paid to the Alternate Payee. If the Participant has remarried, his current spouse will not be entitled to any benefits from the Plan. The Participant shall elect at 100% joint and survivor annuity with the Alternate Payee. The survivor benefit is calculated with reference to the anticipated life expectancy of the Alternate Payee. III. Othe_provisions. 13. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. S y-3D-O& ~ " to~ I'~ 'A~ arras '~o~„N9eR BY THE COURT / A w - ~ s JOHN E. McCANNA, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW LONNI K. McCANNA, Defendant : IN DIVORCE STIPULATION AND AGREEMENT AND NOW, this ~ /,~~- day of L~~~~L , 2002, the parties agree as follows: ~ "~" I. Identifying Information. 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant"). 2. The Participant's social security number is 189-38-7933. 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). 5. The Alternate Payee's social security number is 267-06-4350. 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 17013. 7. The Alternate Payee's date of birth is December 1,1952. 8. The parties were married on October 22, 1982, and divorced on December 4, 2001. The parties entered into a marriage settlernent agreement regarding the equitable distribution of marital property on October 25, 2001. 9. This Order and Stipulation applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. • ,~ ~. II Method of Dividing the Participant's Benefits• SHARED INTEREST. 10. The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the plan. 11. The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the P{an valuation date immediately following October 25, 2001. 12. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan. In the event that the Participant dies prior to the Earliest Retirement Age, the survivor benefit shall be paid to the Alternate Payee. In the event the Participant dies after benefits have commenced, the survivorship shall be paid to the Alternate Payee. If the Participant has remarried, his current spouse will not be entitled to any benefits from the Plan. The Participant shall elect at 100% joint and survivor annuity with the Alternate Payee. The survivor benefit is calculated with reference to the anticipated life expectancy of the Alternate Payee. III. Other provisions. 13. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. Agreed this ~/ ~ Day of WITH WITN ^ L-- , 200 by: yJo~h/n E. McCann~aq Plaintiff Lohni K. McCanna, Defendant .. ,' c-> ~ c> ~- ~ , - _ ~ . . ' -= f -~ ;° ,_ ,.~ - `, '~ - ; _ ` T; _„ - __ ...,,.. ' C'3 - n 5 i i"i _ _ -: ~.I t C:~ /~~ J Y/ @a'T+b tV:pl=n1 ~, s , t:c ar+K, 4xt ~ c •~~;[ ~ b ki~~ _... ,. Y JOHN E. McCANNA, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW LONNI K. McCANNA, ~.%UG~ ~~' ~~~~ Defendant : IN DIVORCE AND NOW, this "/` day of ~n s..K.~, 20~, pursuant to the marriage settlement agreement and stipulation entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: Paragraph 9a. Of the previous order regarding the Teamsters' Retirement Income Plan DRO, in this case is amended to state that the Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the plan valuation date immediately following October 25, 2001. BY THE COURT J. 1 tali\~!i l!:S'~?;~1~'~? ,.~~,~, J~;iir ,,, ~~ ; << ~.~ ~~ ~ 1 91 I i~~*4 ~{.~I, .' .. f ~ .Z "~ ~ r O '1, ~~~ i~,: I~.. ' JOHN E. McCANNA, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW LONNI K. McCANNA, /1~0` O~ ~~~~ Defendant : IN DIVORCE STIPULATION Paragraph 9a. Of the previous order regarding the Teamsters' Retirement Income Plan DRO, in this case is amended to state that the Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the plan valuation date immediately following October 25, 2001. Agreed this Day of 200_ by: 1%,, I~~~~ ohn E. McCanna, Plaintiff Lon i K. McCanna, Defendant „~ ni :~`~ ~,.