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HomeMy WebLinkAbout03-3563 JAMES P. WHITE, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYL VANIA vs. . : No.OJ ~~.r1.J CIVIL TERM ELAINE F. WHITE, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you 001 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 fur any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, P A 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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 00 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 (717) 249-3166 1-800-990-9108 JAMES P. WHITE, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : NO.6l-d~ CIVILTERM ELAINE F. WHITE, DEFENDANT : CIVIL ACTION - LAW : ACTION FOR DIVORCE COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JAMES P. WHITE, JR., by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce. 1. Plaintiff is JAMES P. WHITE, JR., an adult individual, who currently resides at 650 CartrefRoad, Etters, York County, Pennsylvania, 17319, having moved there on or about May 15, 2003. Plaintiff has resided in Cumberland County at the marital residence for more than one (1) year, 2. Defendant is ELAINE F. WHITE, an adult individual, who currently resides at the marital residence, 3 Mayfair Court, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on February 15, 1969. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaintiff has chosen not to engage in, or to request any counseling. 8. Neither Plaintiff nor Defendant was ever a member of the United States Military Service. 9. Plaintiff and Defendant have two (2) children from their marriage, JAMES P. WIDTE III, born on August 23, 1969, and WILLIAM ALBERT WIDTE, born on February 5, 1970. The children are adults and not a part of this divorce complaint. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 10. Paragraphs I through 9 of this Complaint are incorporated herein by reference thereto. II. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, ifboth parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, JAMES P. WHITE, JR., I respectfully requests the court to enter a Decree of Divorce pursuant to Section 3301(c) of the Divorce Code. COUNT n - REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 12. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff, JAMES P. WHITE, JR., respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.e. Dated: July 4 2003 C '~~<A Susan Kay Candi 10, E Counsel for Plui tiff PAID. #64998 5021 East Trindle Road Suite 100 Mechanicsburg P A 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief This verification is made subject to the penalties of 18 Pa. C. SA ~4904 relating to unsworn falsification to authorities. DATED: 1-Zl.-03 " ". Q~7~() J~S P, WIDTE r ( @ 4- ..tQ. X)l~~~ ~ , . - - ~ ~ 0 ~ ~ I ? .c:~if:>J:) r r- ~ l'r cp :'--"'.' ,") , .) I.::, G JAMES P. WHITE, JR., PLAINTIFF ; IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYIN ANlA vs. : NO. 03-3563 CIVIL TERM ELAINE F. WHITE, DEFENDANT : CIVIL ACTION - LAW : ACTION F'OR DIVORCE AFFIDAVIT OF SERVICE CERTIFIED MAIL COMMONWEALlH OF PENNSYLVANIA COUNTY OF CUMBERLAND Be it known, that on the ~ day of ~ J.. rt' SS: ,2003, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELW, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2, I represent James P. White, Jr., Plaintiff in the above-captioned matter. 3. On August 5, 2003, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being CertifiedIFirst Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 44398997, and addressed to the Defendant, Elaine F. White, at 3 Mayfair Court, Camp Hill, PA 17011. 4. The return receipt card signed by the Defendant, Elaine F. White, showing a date of service of August 8, 2003, is attached hereto as Exhibit "A". 5. Service by certified mail meets the requirements ofPa.R.C,P. 404(2) and Pa.R.C.P. 403. ~ SUSAN KAY Counsel for P SWORN TO AND SUBSCRIBED before me, a Notary Public, this l~ day of ~,,~ ,2003. 16,xcl~~:t~ l 12-, t~ Notary Public ~ My Commission Expires: Gpw l{ ) <X/Js ~ Notarial Seal MecIJ~ Hanford, Notary Public · Bore, Cumberland Coul)ty My CoIIwnIsSlOri Expire. Apr. 4, 2005 EXHIBIT "A" · Complete items I, 2, and 3. Also complete 118m 4 if Restricted Delivery is desired. · Print your name and address on the reverse 80 that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space pennils. ~;~;e~~dlw~lte :3 fu.Q')~\\ Cbll,t C. G..""fl tH Lt Pft () () l \ RESTRICTED DELIVERY L D. Is delivery address different if YES, enter do/Ivery addre 2. Article Number IT____1 PS Fonn 3811, August 2O(l1 7001 2510 0003 4439 8997 3. ~~rvlce Type ~rtified Maiil [J Express Mail [J RegiSlered [J Return Receipt for Merchendlse D Insured Mall 0 C.O.D. 4. ReetrIcted OeIMIIY? /ExtIa Feo} )!,V.. ~ Relum Receipt 2ACPA~-4( (') c: ~ -017 n-lrll Z+-T~ -7 L- V) -< r:: ~f~ )> c: Z ::;! ~ l ~ ~ ~ ~ # MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ day of mFYn/&f12.. , 2005, by and between ELAINE WHITE, (hereinafter referred to as "Wife"), and JAMES P. WHITE (hereinafter referred to as "Husband"), WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been lawfully married on February 15,1969; WHEREAS, the parties separated in 2002; and, WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. AND NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants, and undertakings hereinafter set forth, and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Debra D. Cantor, Esquire, of McNees Wallace & Nurick LLC for Wife, and Linda Clotfelter, Esquire for Husband. Each party acknowledges that he or she has received independent legal advice from counsel of his or her selection, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral -2- depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the court of this Commonwealth or any other court of competent jurisdiction. Husband and Wife represent and warrant that each has disclosed to the other in full his or her respective assets, liabilities and income and that this Agreement was negotiated and entered into on the basis of those disclosures. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable and is satisfactory to them, The remedies available to either party for breach or violation of this provision shall be those remedies available pursuant to law and equity. Each party retains the right to assert a claim against the other for failure to fully and fairly disclose his or her income, assets and liabilities, if it is later determined that there has been a failure to disclose, including but not limited to a claim of constructive trust. 3. PERSONAL RIGHTS. Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem -3- advisable. This provision shall not be taken, however, to be an admission on the part of either Husband or Wife of the lawfulness of the cause which led to, or resulted in, the continuation of their living apart. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. Husband has filed an action for divorce in Cumberland County, Pennsylvania filed to No. 03-3563. Said action shall be limited to divorce and neither party may assert any ancillary economic claims otherwise authorized by the Divorce Code, which are specifically waived by the terms of this Agreement. Counsel for each party shall execute a Praecipe withdrawing all such ancillary claims now pending of record at or prior to the execution of this Agreement. The parties agree that each shall sign and have duly acknowledged an Affidavit of Consent to a divorce and a Waiver of Notice upon execution of this agreement. Said Affidavits and Waivers shall be promptly transmitted to counsel for Husband who will promptly file a Praecipe to Transmit Record and Vital Statistics form to precipitate the prompt entry of a decree of divorce. 5. EQUITABLE DISTRIBUTION. 5.1. Marital Residence. The parties acknowledge that they are the joint owners of that certain house and lot and all improvements thereupon situated at 3 Mayfair Court, Camp Hill, Cumberland County, Pennsylvania (the "marital residence"). -4- The parties agree that the marital residence has a value of $110,000. The marital residence shall be transferred from the joint ownership of the parties to Wife by a Deed to be executed contemporaneously with this Agreement. The Deed shall be held in escrow by Husband's counsel pending refinancing of the mortgage. Wife shall refinance or otherwise assume the mortgage and home equity line within six months of the entry of the Qualified Domestic Relations Order. If she is unable to do so, she will continue to apply thereafter each three months until she is eligible. If the refinance is not completed within one year of the entry of the Qualified Domestic Relations Order, Wife shall pay to Husband a monthly fee of $200.00 until the refinance is completed and Husband is released from liability for the first and second mortgages on the marital residence. Any and all homeowners policies, title policies and any other policy of insurance with respect to the marital residence shall be deemed to be endorsed to reflect Wife as sole owner thereof. The parties agree that Wife shall be entitled to receive any payments now or hereafter due under such insurance policies. Wife shall keep Husband and his assigns, heirs, executors and administrators indemnified and held harmless from any liability, cost or expense, including attorney's fees, which may be incurred in connection with the marital residence. The marital home is subject to two outstanding mortgages. The first is in the amount of approximately $54,000 as well as a home equity line with a balance of approximately $3,600. Wife shall refinance or otherwise assume the mortgage and -5- home equity line within six months of the entry of the QDR Order. If she is unable to do so, she will continue to apply thereafter each three months until she is eligible and as more specifically described in paragraph 5.1, above. 5.2 Husband shall be entitled to claim, as a tax deduction, all mortgage payments made by him on the marital home until the entry of the decree. From the entry of the decree going forward, Wife shall be solely responsible for the payment of the mortgage and home equity line. Because the home equity line payment must be paid as an electronic transfer from Husband's separate bank account, until Wife refinances the mortgages, Husband's payment of the home equity line shall be treated as a partial payment of alimony to Wife and the actual monthly payment of alimony from Husband to Wife pursuant to paragraph 6.1 shall have the proper credit applied equal to the sum paid by Husband on Wife's behalf for the home equity line payment. 5.3. Real Property. Husband is the owner of real property including a hunting cabin in Meyersdale, Pennsylvania. Wife hereby sets over, transfers and assigns to Husband all of her right, title, claim and interest in such property and shall execute a deed, prepared by Husband's counsel, transferring her interests concurrently with the execution of this agreement. 5.4 Contents of Marital Residence. Contents of Husband's Residence and Other Personal Property. 5.4.1. Husband shall and does hereby set over, transfer and assign to Wife all of his right, title, claim and interest in and to all of the contents of the marital residence, including but not necessarily limited to all furniture, furnishings, rugs, carpets, -6- household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the marital residence as well as other jewelry and personal property in Wife's possession as of the date of this Agreement. Not withstanding the above, Husband shall retain the four Steelers season tickets, one-half (1/2) the family photographs, his father's train set and all accessories and reloading equipment, Harley Davidson accessories and his personal papers. 5.4.2. Wife shall and does hereby set over, transfer and assign to Husband all of her right, title and interest in and to all of the contents of Husband's residence at 650 Cartref Road, Etters, PA 17319, where Husband currently resides, including but not necessarily limited to all furniture, furnishings, rugs, carpets, household appliances and equipment, clothes, jewelry, personalty and other items of tangible property of whatever nature currently located in the said residence, as well as other jewelry and personal property in Husband's possession as of the date of this Agreement. 5.5. Husband's PSERS Pension. Husband PSERS pension is in pay status and Husband has elected option 1 for his retirement. Husband has also elected to obtain a refund of his contributions. The parties agree that Wife shall be entitled to 50% of the PSERS pension, including the refund on contributions (plus interest), her portion of the monthly benefit and COLA'S. Pending the administration of this Qualified Domestic Relations Order, Husband agrees to distribute to Wife one-half (1/2) of any and all PSERS pension payments he has or shall receive, including his monthly benefit, cost of living allowances, less 50% of -7- the taxes withheld on each payment. For each monthly payment, Wife shall be liable for $187.22 in taxes which shall be deducted at the time of payment. It is acknowledged by the parties that Husband paid to Wife, by check number 98 dated August 29, 2005, the sum of $7,622.75 which is Wife's 50% of the PSERS sums paid to Husband to through July 30, 2005, minus Wife's 50% of the income taxes withheld. Wife shall be entitled to any death benefit associated with the portion of the PSERS pension that she is to receive pursuant to the QDRO for same. The QDRO is attached hereto as Exhibit "A" and shall be executed concurrently with this agreement. 5.5.1. Husband has deposited the refund of his cash contributions into a 401 K. Husband shall prepare, or cause to be prepared, a QDRO transferring Wife's marital interest, as defined above, into an account in her name. Said QDRO does not provide for interest on said payment. The parties agree that Wife shall receive 4% interest on the marital share of the account from the date the refund of contributions was transferred into Husband's 401 (k) to the date Wife's marital portion is transferred into her individual account. Said payment shall occur directly between Husband and Wife within 10 days of the transfer into Wife's account. Should there be an administrative fee for this transfer, the parties shall equally divide such fees. Said QDRO is attached hereto as Exhibit "B" and shall be executed concurrently with the Agreement. 5.6. Husband's IRA-401 K. Husband is the owner of a Dodge and Cox IRA with a value of $1,750. Husband shall retain the Doge and Cox IRA. Husband is -8- the owner of a 401(k) with the marital portion value of $1 ,804. Husband shall retain the 401 (k) and Wife waives any right or ownership she may have to said account. 5.7. Other Retirement Account(s). Wife has no retirement accounts in her name. Husband affirms he has no additional retirement accounts. 5.8. Debt. If a party has acquired debt, the parties agree that each shall assume full and complete responsibility for his or her own debt. The parties affirm that there are no marital credit card debts, personal lines of credit, or any other debt with the exception of that associated with the marital home and Wife's vehicle. 5.9. Husband represents and warrants to Wife that since separation, he has not, in the future, shall not contract, or incur any debt or liability for which Wife or her estate may be responsible, and he shall indemnify and waive Wife harmless from any and all claims or demands made against her by reason of such debts or obligations incurred by him since the date of separation, except as otherwise set forth herein. 5.10. Wife represents and warrants to Husband that since separation, she has not, and in the future, shall not contract, or incur any debt or liability for which Husband or his estate may be responsible, and she shall indemnify and hold Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of separation, except as otherwise set forth herein. 5.11. Bank Accounts. The parties were owners of a joint savings account and a joint checking account at the time of separation. The value of those accounts -9- total $4,084. Husband shall retain these amounts and wife does hereby set over, transfer and assign to Husband her interest in these funds. 5.12. Vehicles. 5.12.1. 2001 Ford Escape. The 2001 Ford Escape is hereby transferred, set over and assigned to Wife. Wife shall be solely responsible for insurance and jointly held loan on said vehicle on and after the date of this Agreement and shall indemnify and hold Husband harmless from any and all liabilities to such vehicle. Wife agrees to refinance or otherwise remove Husband's name from the obligation within six months from the entry of the QDRO. If she does not qualify for refinance, she will apply to refinance every three months until she does qualify. 5.12.2. 1995 Ford Pick UP Truck. The 1995 Ford Pick up truck is hereby transferred, set over and assigned to Husband. Husband shall be only responsible for insurance in said which on and after the datEl of this agreement and shall indemnification shall Wife harmless from any and all disabilities to such vehicle. 5.12.3. 1993 Harley Davidson. Wife does hereby set over, transfer and assign to Husband any and all of her right, title, claim and interest in and to all or any portion of a 1993 Harley Davidson. 5.13. Property of Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that -10- property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife" 5.14. Property of Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. 5.15. Assumption of Encumbrances. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the date of this Agreement, and each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of such debts, encumbrances or liens. Each party in possession of property to be awarded to the other party warrants that all dues, fees, assessments, mortgages, taxes, insurance payments and the like attendant to such property are current, or if not current, notice of any arrearage or deficiency has been given to the receiving party prior to the execution of this Agreement. 5.16. Taxes. By this Agreement, the parties have intended to effectuate and equitably divide their marital property. The parties have determined that such division conforms to a right and just standard with regard to the rights of each party. -11- Except as may be otherwise expressly provided herein, the division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of the division of the marital property and the marital settlement herein contained, each party shall receive each item of property at the tax basis that existed for the item immediately before the execution of this Agreement, and that this Agreement is not intended to affect the tax basis or tax status for the property received by the party. The parties agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. The parties acknowledge that they have filed various joint income tax returns during the course of their marriage. In filing each such return, each party has relied exclusively upon the other party to provide truthful and accurate information relating to the other party's employment income, business income or deductions, or income from any other source. In the event that any additional taxes, penalties or interest are assessed as a result of any such joint return, the party responsible for under-reporting income or claiming any improper deduction shall indemnify and save the other party harmless from such tax liability, penalties, interest, attorney's fees or accountant's fees. For calendar year 2005, unless otherwise agreed, each party shall report the year 2005 earnings on the assets distributed to them on their respective federal, state and local tax returns for 2005. -12- Husband shall be entitled to claim, for tax deduction purposes, all mortgage and home equity line payments made by Husband until the divorce decree is entered. Thereafter, Wife shall be entitled to the deduction,. The tax obligations for the PSERS payment shall be the responsibility of the party receiving the payments as outlined in paragraph 5.5.1. 5.17. Liabilitv Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 5.18. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 5.19. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him -13- . and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 5.20. Warranty as to Future ObliQations. EXGept as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 5,21. Release of Claims. Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code. Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said -14- property or proceeds in the future. The parties hereby expressly release and relinquish, each to the other, every claim, demand, right and interest he or she may have in or against the other, or against his or her estate, together with any income or earnings thereon, arising from and during the marriage and/or from any other reason growing out of the marital relationship. However, neither party is releas(3d or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the date of execution of this Agreement with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 6. SPOUSAL SUPPORT/ALIMONY. 6.1. Beginning the first month following the entry of the Divorce Decree and continuing for a period of six (6) years, thereafter, Husband hereby agrees to pay Wife alimony in the amount of $950 per month due and payable no later than the 10th day of each month. This alimony amount shall be non-modifiable by either party for a period of 36 months. Thereafter, it may be modifiable only in the event of an involuntary job loss. In the event of an involuntary job loss, the alimony may be subject to court review and modification if the parties are not able to mutually agree upon a modification. This alimony shall terminate in the event of Wife's death only. -15- . 6.2. At the time of execution of this agreement, Husband shall pay to wife the sum of $1,000. Said amount shall not be taxable to Wife or deductible to Husband. 6.3. Tax Consequences. It is the intention, understanding and agreement of the parties that the cash payments Husband makes to Wife after the execution of the marital settlement agreement shall constitute spousal support or alimony as those terms are defined in the Internal Revenue Code of 1986, as amended, and any successor thereto, and that, accordingly, all such payments shall be includable in Wife's gross income and deductible by Husband for federal income tax purposes pursuant to Sections 71 and 215 of the Internal Revenue Code. 6.4. Releases. The parties acknowledge that by this Agreement they have each respectively secured sufficient financial resources to provide for his or her own comfort, maintenance and support. The parties do hereby acknowledge that inflation may increase or decrease, that their respective incomes and assets may substantially increase in value, that either may be employed or unemployed at various times in the future, and that notwithstanding these or other economic circumstances, which may be changes in circumstances of a substantial and continuing nature, the terms of this Agreement are just and reasonable. Therefore, except for the provisions of this Agreement, the parties hereby expressly waive, discharge and release any and all rights and claims which they may now or hereafter have, by reason of the parties' marriage, to alimony, alimony pendente lite, support or maintenance, and they further release any rights they may have to seek modification of the terms of this Agreement in -16- . a court of law or equity (with the exception of the possible modification of alimony as specified in paragraph 6.1, above), it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. Except as provided for in this Agreement, it shall be, from the execution date of this Agreement, the sole responsibility of each of the respective parties to sustain himself or herself without seeking any additional support from the other party. In the event that either of the parties shall seek a modification of the terms of this paragraph (with the exception of the possible modification of alimony as specified in paragraph 6.1 , above), or in the event that Wife makes any claim for spousal support or alimony other than as provided for by the terms of this Agreement, that party shall indemnify and hold the other party harmless from and against any loss resulting therefrom, including counsel fees and costs. 7. COUNSEL FEES, COSTS AND EXPENSES. Each party shall be responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage. 8. WAIVER OF INHERITANCE RIGHTS. Effective upon the signing of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the Will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited, to a waiver of all rights provided under the laws of -17- Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 9. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto, with the exception of the possible modification of alimony as specified in paragraph 6.1, above. 10. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 11. BREACH. If either party hereto is in breach of any provision hereof, the other party shall have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching party shall be entitled to recover from the breaching party all reasonable costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 12. WAIVER OF BREACH. The waiver by one party of any breach of this Agreement by the other party will not be deemed a waiver of any other provision of this Agreement. 13. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be affected by registered or certified mail, return receipt requested. Notice to Wife will be sufficient if made or addressed to the following: -18- . Elaine White 3 Mayfair Court Camp Hill, PA 17011 and to Husband, if made or addressed to the following: James P. White 650 Cartref Road Etters, PA 17319 Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 14. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania. 15. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. This Agreement shall become effective and binding upon both parties on the execution date. 16. EFFECT OF RECONCILIATION OR RECONCILIATION ATTEMPT. This Agreement shall remain in full force and effect even if the parties effect a reconciliation, cohabit as Husband and Wife or attempt to effect a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. -19- . .. 17. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely of convenience of reference and shall not constitute a part of this Agreement nor shall they effect its meaning, construction or affect. 18. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement, except as otherwise expressly provided herein, shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 19. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including other documents to which it refers; that he or she has discussed its provisions with an attorney of his or hl3r own choice, and has executed it voluntarily and in reliance upon his or her own altorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 20. MUTUAL COOPERATION. Each party shall on demand execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party -20- . . all attorney's fees, costs, and other expenses reasonably ineurred as a result of such failure. 21. AGREEMENT NOT TO BE MERGED. This A9reement shall remain in full force and effect in the event of the parties' divorce. This Agreement shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are not waived or released by this Agreement. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the / dates:));:~:lledgments. ~ /. / ESS ..' T L..._' . c>=:::// - -t..r;& laine White, Wife ,~\ '7 ,r \ /> IJ. ~~$ Ja es P. White, Husband -21- (") c'- ---~-~----- ,-.,,:) <:-,,:;) ~.'? C,.?'"! o ." ...., :r:...,., rn..-. 0- :,!:'l[Q C--:i pl CO N -~J. :.::;:. ':I_-~' l_,l', _d ).(-) _~: n ~ .J) -< ~..l '" C', JAMES P. WHITE, JR., PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-3563 CI\ilL TERM ELAINE F. WHITE, DEFENDANT : CIVIL ACTION .. LAW : ACTION FOR DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: L The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. The Complaint was filed on July 25, 2003. 3. Date and manner of Service of the Complaint: August 8, 2003 by Affidavit of Service of Defendant, as evidenced by the same filed on August 21,2003. 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on December 20, 2005, and filed on December 21, 2005. The Defendant's Affidavit of Consent was executed on December 16,2005 and filed on December 21,2005. 5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on December 20,2005, and said waiver was filed on December 21, 2005. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on December 16,2005, and said waiver was filed on December 21,2005. 6. There are no related claims pending. The parties have resolved all related issues by written Marital Settlement Agreement dated December 20, 2005, which will be incorporated but not merged into the Divorce Decree as per Paragraph 21 on page 21 of the Agreement. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Date: I;../.)-,j 0 ') . . L "A Clo",~.ll~ A orney LD. No. 72963 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 fm:simile ---- ,...., = =, t:.)l o In n N o ..t ..... ::C..,., rnp -v rr; -,.,"--.. ~~ ~{i FScn :..-l ..~ ~ -0 ;:r; N ., ", 00 - JAMES P. WHITE, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3563 CIVIL TERM v. ELAINE F. WHITE, CIVIL ACTION - LAW ACTION FOR DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of1the Divorce Code was filed on July 25,2003, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of 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.A. Section 4904 relating to unsworn falsification to authorities, Dated: --- ia- <:)0 -0'> () (':-+, r-' ..;:::> c,j 0' c:;:l ,"" " N - o -r\ '1", rl1 r:: ~J~,::i ~'o ). '",)\. 1. ~.~-~:\ (ej:?' -.....y '~ '"'" "'"'" -- ........ r;? r-' U' JAMES P. WHITE, JR., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3563 CIVIL TERM v. ELAINE F. WHITE, CIVIL ACTION - LAW ACTION FOR DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !i3301(c) OF THE DIVORCE CODE 4. I consent to the entry of a final Decree of Divorce without notice. 5. 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. 6. 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn falsification to authorities. 7 ki~ . V' .v, JA ES P. WHITE, JR. Dated: i,:]. -a c - c <;" n c- ;;;- ", = = c.n c:J Pl CJ F',) o --n 1..,., n1p ""'tjm :flY >.:::~ {-, _.:::r' ;-~.j~ ("';;1 n ~=:l J..... :::::;; -< --0 N N VI (I","'~', JAMES P. WHITE, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3563 CIVIL TERM v. ELAINE F. WHITE, CIVIL ACTION - LAW ACTION FOR DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) ohhe Divorce Code was filed on July 25,2003, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce alfter 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.A, Section 4904 relating to unsworn falsification to authorities. 'c;/~; ~~ I L..J-ri-L ELAINE F. WHITE Dated: fA I' /.../ot)' ,..., c:::) 5? o r'q C-) t''' o -n :;:!" nl--- ,- --am ~rSS:' ~::o:! ~-:r~ ~~? ~~; c5n; ~--\ ~~ -< :E: -!;.. ~ N (J1 o.;~ JAMES P. WHITE, JR. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 03-3563 CIVIL TERM v. ELAINE F. WHITE, CIVIL ACTION - LAW : ACTION FOR DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301lc) 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 clivorce 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. --'~~';/f'LA.../ . LAINE F. W ~ I r A.9-L-r<-.-- ITE Dated: iJ./I/;/O? o S-~ ",. r-' g CJ' c::J p1 C) ,...) ---:j -.," ~J>o o -n ~--n (,1r~ -nn- -::)0 () :... ole) j1~'~ :0 .-<.: r;? r...) (.i\ , , COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James P. White. Jr. Plaintiff CIVIL ACTION - LAW VS. NO. 03-3563 Elaine F. White Defendant IN DIVORCE STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" AND NOW, this lillh day of Au~ , ,foeS, the parties, James P. White, Jr., Plaintiff and Elaine F. White, Defendant, do hereby Agree and Stipulate as follows; 1. The Plaintiff, James P, White, Jr. (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as "SERS"). 2, SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.B, SS5101.5956 ("Retirement Code"). 3. Member's date of birth is November 28,1949, and his Social Security number is 201-40- 0147. 4. The Defendant, Elaine F. White (hereinafter referred to as "Alternate Payee") is the former spouse of Member. Alternate Payee's date of birth is August 10,1946, and her Bocial Security number is 183.36-0851. 5. Member's last known mailing address is; 650 Cartref Road Etters, PA 17319 6, Alternate Payee's current mailing address is: 3 Mayfair Court Camp Hill, PA 17011 DRO Page 2 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under the Plan as set forth below. The Plan is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of Option 1. The parties acknowledge that the Member's retirement option elections are final and irrevocable. 9. The Alternate Payee's share of Member's retirement benefit is 50% of the Member's gross monthly annuity as of the date SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement plus 50% of any scheduled or ad hoc increase applied to the Member's gross monthly annuity after such date. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date SERS approves a Domestic Relations Order incorporating this Stipulation and Agreement. 11. Payments shall continue to Alternate Payee for the remainder of the Member's lifetime. 12. If the Member dies before the Alternate Payee, the Alternate Payee shall be paid 50% of any death benefit provided under Option 1. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or other authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit remaining after the allocation of the equitable distribution portion payable to Alternate Payee and any other alternate payees named under other SERS-approved Domestic Relations Orders DRO Page 5 WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY THE COURT j [,L/~t:i~ !J '\.. 1') i U \' livd:J ' . lllV:---. 1 ' Pl~ntifflMember }'w-- '-- ~~ --'Z":::..- /I (/ /a?~ .. (' -<---' Defendant/Alternate Payee t/Alternate Payee ..., ;::.. \ ,~:.> (:.)"' ../ '.;:) '- Cl " .-, ~'~?J --C'('l , cr, -7") ! ;.') j'd ._.J :< . / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES P. WHITE, JR., Plaintiff CIVIL ACTION - LAW vs. NO. 03-3563 CIVIL ELAINE F. WHITE, Defendant IN DIVORCE STIPULATION FOR THE ENTRY OF DOMESTIC RELATIONS ORDER ] . The parties to this action have entered into a Marital Settlement Agreement that has been incorporated into a Divorce Decree dated -J>et I :Z~. 7,00,':; . I 2. This Order creates and recognizes the existcnce of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employcr sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code'") g401(a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code g414(p). 3. This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania, pursuant to its authority under 23 Pa. C.S.A. 1}3502. 4. This QDRO applies to the Fidelity Investments Holy Spirit 401(k) Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan. Any changes in the Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. James P. White, Jr. ("Participant") is a participant in the Plan. Elaine F. White ("Alternate Payee") is the alternate payee for purposes of this QDRO. are: 6. The Participant's name, mailing address, social security number, and date of birth Name: Home Address: SSNo.: Date of Birth: James P. White, Jr. 650 CartrefRoad Etters, PA 17319 201-40-0147 November 28, 1949 7. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Home Address: SSNo.: Date of Birth: Elaine F. White 3 Mayfair Court Camp Hill, PA 17011 183-36-0851 August 10, 1946 The Alternate Payee shall have the duty to notifY the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 8. This Order signs to Alternate Payee an amount equal to Forty Two Thousand Two Hundred Five and 031100 Dollars ($42,205.03). 9. The QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 10. This QDRO does not require the Plan to provide increased benefits. II. This QDRO does not require the Plan to pay any benefits which another Order previously determined to be a Qualified Domestic Relations Order that requires the Plan to pay to another alternate payee. 12. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payees under the terms of the Plan, including, but not limited to, a single lump-sum cash payments. The Alternate Payee will not be permitted to obtain a loan from the Plan or take any hardship withdrawals from the Plan. If the Alternate , Payee has not elected an earlier beginning date, the Alternate Payee's share will begin to be paid as of the earlier of the date as of which Participant begins to receive a distribution of the Participant's share, or the latest date permitted under Section 401 (a) (9) of the Code. If the Alternate Payee so elects, the Plan shall distribute the amount designated In paragraph 8 of this QDRO, as soon as administratively feasible, following the Plan Administrator's approval of this Order. If the plan does not permit an immediate distribution of this amount as an eligible rollover distribution or otherwise, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code !i414 (p) (4) (B), subject to the Alternate Payee's election. 13, If benefits are payable to the Alternate Payee in a lump-sum cash payment which is intended to be a rollover into a similar account administered by a different Plan Administrator, the Alternate Payee shall execute any form required by the Plan Administrator and the eligible rollover distribution shall be rolled over into Alternate payee's account as follows: Members 1st Federal Credit Union Traditional IRA Rollover and Transfer Contributions FBO Elaine F, White (183-31-0851-]0) CUID: 27815 Account Number: 222655 14. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonabl y require from such parties 15. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code !i414 (p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he/she received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that he/she has received such benefit payments and shall forthwith pay such amount to received directly to the Participant within ten (l0) days of receipt. 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his/her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Death of Participant: In the event of Participant's death, his death shall in no way affect Alternate Payee's right to the portion of her benefits as stipulated herein. However, the Alternate Payee will not be entitled to any survivor benefits attributable to the remaining portion of the Participant's benefits under the Plan unless the Participant, independently of the Order, has designated the Alternate Payee as a beneficiary. However, if the , Participant remarries, any such designation would be subject to the spousal rights of the subsequent spouse provided by ERISA, the Code, and the terms of the Plan. 21. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 22. Any fee charged by the Plan Administrator as a QDRO processing fee shall be shared equally by the Participant and the Alternate Payee. BY THE COURT: Date: PCI.-,)h >-ouS l ~ID,-,&LL J . ge CONSENT TO ORDER: L DAA. CLOTFELTER torney for Participant \ . ~ \..\~"o,",,= ? U-*t' ,,_ J/i~ms P. WHITE, JR., Par 'cipant \, \ ~A~~:~ziR ~ Attorney f07AIlernate Payee _/ .1~ / ,Q V/i C"~/"C'-' . /...-U 7C.v-t-L. 'ELAINE F. WHITE, Alternate Payee "'1'" (2 ,.~., c::~ . , ,::;... n 11 .-\ ~;p c._ I en ...., -:J \,[,: ? ~~~~~T.~~~~~ ~~T. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + $ % + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + :fT.Cf,.,:':,+: :+: ++ +++,++++++++++++++++++++++++++++++++++++++++++++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. JAMES P. WlllTE. JR. No. 03-3563 PLAINTIFF VERSUS ELAINE F. WHITE DEFENDANT DECREE IN DIVORCE AND NOW, 1>cU......k,(" J 2->; , IT IS ORDERED AND 2005 DECREED THAT James P. White, Jr. , PLAINTIFF, AND Elaine F. White , 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: . IT IS FURTHER ORDERED that the terms of the Marital Settlement Agreement of the parties dated uecem~r 20, 2003, shall bt; in~UIpu.i1Lcd herein, bUl DOl lIJerg~ fur dJt,;; pwpuSt:s uf C:llfUIL-t:Illt:1Il unly, as per Paragraph 2\ on page 2\ of same. By THE COURT: ) , esTt~~-t, P"OT"O"OT^,~ + + + + + + + '+' 'f '+; '+' '+' 'f Of .: 'f 'f 'f '+' 'f '+' + '+' .: + '+' '" '" 'f '+' '+ 'f '+' + 't + '" '+ + + -t' -t' '+ + '+ '+ '+ '+ + '+' + '+' +'+' + + ++++++'+' + '+' If '+' + ~u I'"jW <"I- r9'=' -3>']"0'- <f;J-77jf'P i-t ttI q- T') 1 e. w' UO<7 7" 'J' f"3ZX")o I "III " ',. ;, ill .. ,