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HomeMy WebLinkAbout07-6786 Marie R. Cole, vs David W. Cole, Martha B. Walker Law Office 33 South Main Street Chambersburg, PA 17201 (717) 262-2185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ) No. ) In Divorce a v.m. NOTICE TO DEFEND AND CLAIM RIGHTS Civil Action - Law 2007- &7% Civil Term 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 other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary of the Franklin County Courthouse, First Floor, Chambersburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA Only) or (717) 238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangement must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. M ` Marie R. Cole, vs David W. Cole, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, ) Defendant, ) Civil Action - Law No. 2007 - G 7-G a iJ 7ew- In Divorce a v.m. COMPLAINT UNDER SECTION 3301(a) OR 3301(c) OR 3301 (d) OF THE DIVORCE CODE COUNT 1 DIVORCE 1. Plaintiff is Marie R. Cole, a sui juris adult, who currently resides at 16 Darrin Avenue, Newburg, Cumberland County, Pennsylvania, since 1992. 2. Defendant is David W. Cole, a sui juris adult, who currently resides at 16 Darrin Avenue, Newburg, Cumberland County, Pennsylvania, since 1992. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 7, 1979. 5. There have been no prior actions of divorce or annulment of marriage between the parties except the action represented by this Complaint. 6. The marriage is irretrievable broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. Plaintiff has been advised that counsel is available and the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a decree of divorce. VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: 1//2., /? D D 7 DATE: 11-116 :7 1 0--7 ie R. Cole MARTHA B. WALKER LAW OFFICE BY 411A --. -?? ®rz- e S. Jo , Esquire Attorney I.D. # 78039 33 South Main Street Chambersburg, Pa 17201 (717)262-2185 Attorney for Plaintiff '6ti n { - SL+ O r a { zill) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Marie R. Cole, vs David W. Cole, Plaintiff, ) Defendant, ) Civil Action - Law No. 2007- 4.78J In Divorce a v.m. ACCEPTANCE OF SERVICE I, David W. Cole, the Defendant, in the above-captioned matter, do acknowledge that I have received a true copy of the Divorce Complaint, filed in the above-captioned matter on November 7,2007. Date: t/ David W. Cole 16 Darrin Avenue Newburg, PA 17240 n N .? • ' ..per ?.'^^ ,- . .70 r {= CJ R cn Martha B. Walker Law Office 33 South Main Street Chambersburg, PA 17201 (717) 262-2185 Marie R. Cole, vs David W. Cole, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, Defendant, Civil Action - Law No. 2007-6786 In Divorce a v.m. AFFIDAVIT OF CONSENT I. A Complaint in Divorce Under Section 3301 (c) or (d) of the Divorce Code was filed on November 7, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION & 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 4. 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. 5. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: 24 ?--Of arie R. Cole ?w 0 ' al ": ll rn -°3 Martha B. Walker Law Office 33 South Main Street Chambersburg, PA 17201 (717) 262-2185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Marie R. Cole, ) Civil Action - Law Plaintiff, ) vs ) No. 2007-6786 David W. Cole, ) Defendant, ) In Divorce a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Under Section 3301 (c) or (d) of the Divorce Code was filed on November 7, 2007. 6. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service of the Complaint. 7. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION & 3301(c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 8. 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. 9. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: cq- I David W. Cole -5 - n I -n .? r D >; . w Yom=: Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Marie R. Cole, ) Civil Action - Law Plaintiff, ) vs ) No. 2007- 6786 David W. Cole, ) Defendant, ) In Divorce a v.m. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: November 16, 2007, by Acceptance of Service, Acceptance of Service filed November 21, 2007. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, February 19,2008; by Defendant, February 19, 2008. 4. Related claims pending: Resolved through private Agreement; 5. (a) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with Prothonotary: February 20, 2007. (b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: February 20, 2007. WALKER, CONNOR & JOHNSON, LLC BY.: ?2- -,, f, Esquire Anne S. Johns Attorney I.D. # 78039 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 Attorney for Plaintiff C`J ? :S r "J `7"! e ° ? -3,^'°,x"4 "?" i ? , _ ,. ?`^? , °"' . a ?. ?T " "' ? 'r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS Defendant No. 2007 - 6786 DECREE IN DIVORCE AND NOW, 1 t S-" t+? 1 , 2008 , IT IS ORDERED AND DECREED THAT Marie R C'n1P , PLAINTIFF, AND David W. Cole , 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; BY THE COURT: ROTHONOTARY !;w. -> - c IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Marie R. Cole, V. David W. Cole, Civil Action - Law Plaintiff ) No. 2007-6786 Defendant ) In Divorce a v.m. STIPULATION AND AGREEMENT By and between Marie R. Cole, Plaintiff, and David W. Cole, Defendant, WITNESSESTH: WHEREAS, the parties, intending to be legally bound and waiving their right to be present when this Agreement and Order are presented and signed by the Court, hereby stipulate and agree that the Court may enter the attached Order of Court. IN WITNESS WHEREOF, the parties, intending to be bound by the terms and conditions of this Agreement, execute this Agreement by signing below. Anne S. Johnson quire Attorney for Plaintiff Mane M.ole ,f Da ' Cole I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: . ,3-7-08 ! , e? Mahe R. Cole I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -r_('Y David W. Cole I verify that the statements made in this Stipulation and Agreement are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: -' Anne . Johns , Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff No. 2007 - 6786 VERSUS David W Coles Defendant DECREE I N DIVORCE AND NOW, March 4 , 2008 , IT IS ORDERED AND DECREED THAT Marie R. Cole , PLAINTIFF, AND David W. Cole 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; BY THE COURT: M. L. Ebert, Jr. ` ATTEST: / I "e _7 ^ J. PROTHONOTARY Certified Copy Issued: rch 4, 20A rri CCl Walker, Connor & Johnson, LLC 247 Lincoln Way East ,,BAR 12 200$ Chambersburg, PA 17201 l (717) 262-2185 (717) 262-2187- Fax IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Marie R. Cole, ) Civil Action - Law Plaintiff ) V. ) No. 2007-6786 David W. Cole, ) Defendant ) In Divorce a.v.m. QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, a Decree of Divorce terminating the marriage of the above-named parties was entered on ?7)24,,A. H 12008, by this Honorable Court; and WHEREAS, the Property and Separation Agreement between the parties dated November 5, 2007, effectuating a distribution of the parties marital property requires the entry of a Qualified Domestic Relations Order by this Court providing for the division and distribution of the marital portion of the benefits and benefit rights accrued with respect to the Defendant under the employee benefit plan referred to below in this Order as "the Plan" in accordance with the provisions of section 206(d) of the Employee Retirement Income Security Act (ERISA), as amended and section 414(p) of the Internal Revenue Code; and WHEREAS, David W. Cole, the Defendant, is a "Participant," as that term is defined in 29 U.S.C. 1002(7), with respect to the Plan; and WHEREAS, Marie R. Cole, the Plaintiff, is an "Alternate Payee," as that term is defined in 26 U.S.C. 414(p)(8) and 29 U.S.C. 1056(d)(3)(K), with respect to the Plan; NOW, THEREFORE, this VA day of c-L ,2008, the Court hereby finds and orders as follows: 1. Authority of Order. This Order is entered pursuant to the authority granted in the Pennsylvania Divorce Code, 23 PaC.S. §101 et seq. 2. Identification of Plan. The name and identification of the employee benefit plan to which this Order relates and applies is as follows: ' -? ,41!-j} '1J 9 Z -01 WV L i M 850Z :3Hi JO Name of Plan: The Alfa Laval Retirement Income Plan ("the Plan") Name and Address of Plan's Administrator: Alfa Laval, Inc., Attention Mr. Michael McGee, 5400 International Trade Drive, Richmond, VA 23231 The employee benefit plan described in this paragraph is referred to in this Order as "the Plan." 3. Identification of Participant. The following information is hereby established and reported with respect to the Participant: Name: David W. Cole Address: 16 Darrin Avenue, Newburg, Pennsylvania 17240 Birth Date: August 23, 1944 Social Security No.: 026-34-6631 Name, address and telephone number of Attorney: N/A 4. Identification of Alternate Payee. The following information is hereby established and reported with respect to the Alternate Payee. Name: Marie R. Cole Address: 1400 Martin Street, Apt. 3113, State College, Pennsylvania 16803 Birth Date: December 16, 1943 Social Security No.: 062-34-4157 Name, address and telephone number of Attorney: Anne S. Johnson, Esquire Walker, Connor & Johnson, LLC 247 Lincoln Way East Chambersburg, Pennsylvania 17201 (717) 262-2185 5. Function to Which Order Relates. This Order relates to the division of marital property that was acquired, accumulated or accrued by the parties during the course of their marriage; to wit, the benefits and benefit rights that have vested and accrued with respect to the Participant under the Plan. 6. Right of Alternate Payee to Receive Benefits. The right of the Alternate Payee to receive a portion of the benefits and benefit rights that have accrued with respect to the Participant under the Plan is hereby created and recognized. 7. Relationship of Alternate Payee to Participant. The Alternate Payee is a former spouse of the Participant by reason of a marriage that commenced April 7, 1979;, and was terminated by Decree of this Court dated March 4, 2008, the marriage termination date. 2 8. Intention of Order. This Order is intended to be a Qualified Domestic Relations Order as that term is defined in 26 U.S.C. 414(p) and 29 U.S.C. 1056(d). This order is not intended to require, and shall not be construed so as to require, the Plan to: (a) provide any type or form of benefit, or any option, not otherwise provided under the terms of the Plan; (b) provide increased benefits as determined on the basis of actuarial value; or (c) pay any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order that was previously determined to be a Qualified Domestic Relations Order. 9. Amount or Percentage of Alternate Payee's Benefits. This Order assigns to the Alternate Payee an amount equal to fifty (50%) percent of any and all benefits under the plan as of the Participant's benefit commencement date, or the Alternate Payee's benefit commencement date, if earlier. The marital portion shall be determined by multiplying the Participant's accrued benefit by a fraction (less than or equal to 1.0), the numerator of which is the number of years of the Participant's participation in the Plan earned during the marriage (5.167 years), and the denominator of which is the total number of years of the Participant's participation in the Plan as of the earlier of his date of cessation of benefit accruals or the date that the Alternate Payee commences her benefits hereunder. 10. Form of the Alternate Payee's Benefit. The form of benefit elected by the Alternate Payee is to be based on the life expectancy of the Alternate Payee. Any actuarial adjustment that might be necessary to convert the Alternate Payee's benefits to another form based on the Alternate Payee's lifetime should be applied to the Alternate Payee's benefits. 11. Period of the Alternate Payee's Benefit. The Alternate Payee may elect to commence her benefits under the Plan at any time on or after the Participant attains the "earliest retirement age" as defined by Section 414(p) of the Code. 12. Pre-Retirement Death Benefits. In the event the Participant predeceases the Alternate Payee, and neither the Participant nor the Alternate Payee has begun to receive benefits under the Plan, the Alternate Payee shall be designated as the surviving spouse of the Participant for purposes of establishing the alternate Payee's entitlement to any monthly pre-retirement survivor annuity. This designation applies to the portion of the Participant's accrued benefit assigned to the Alternate Payee in Paragraph 9. As a result, the Alternate Payee shall be treated as the surviving spouse for purposes of any pre-retirement survivor annuity benefits that are attributable to her assigned portion of the benefits, and any subsequent spouse of the Participant shall not be treated as a surviving spouse for such purposes. However, an eligible subsequent spouse of the Participant, if any, may receive the remainder of any pre-retirement survivor benefits that are attributable to the remaining portion of the Participant's accrued benefit not assigned to the Alternate Payee and under Paragraph 9. 3 13. Tax Provision. The Alternate Payee shall be responsible for the payment of all taxes incurred by reason of any benefits paid to the Alternate Payee under this Order. The Plan Administrator shall provide the Alternate Payee with appropriate tax information so as to enable the Alternate Payee to report and pay any applicable tax. 14. Reimbursement. If benefits assigned to the Alternate Payee under this Order are wrongfully or mistakenly paid by the Plan to Participant, the Participant shall promptly reimburse the Alternate Payee for such benefits by paying directly to the Alternate Payee an amount equal to the benefits wrongfully or mistakenly received. If benefits assigned to the Participant under this Order are wrongfully or mistakenly paid by the Plan to Alternate Payee, the Alternate Payee shall promptly reimburse the Participant for such benefits by paying directly to the Participant an amount equal to the benefits wrongfully or mistakenly received. 15. Determination of Qualified Status. A copy of this Order shall be delivered to the Plan's Administrator who shall promptly notify the Participant and the Alternate Payees of its receipt. Upon determining, within a reasonable time, the qualified status of this Order, the Plan Administrator shall promptly notify the parties of that determination. Should this Order be determined to be qualified, the Plan Administrator shall thereafter carry out the provisions of this Order. 16. Maintaining Qualified Status. It is the intention of the Court and the parties that this Order continue as a Qualified Domestic Relations Order under 26 U.S.C. 414(p) and 29 U.S.C. 1056(d) and any Regulations that have been or may be issued thereunder. If changes are subsequently made in any statute or regulation affecting the qualified status of this Order, this Order shall be promptly modified upon the request of any party or the Plan's Administrator so as to maintain its qualified status. 17. Successor or Predecessor Plan. Should the Plan be substituted or replaced for any reason by one or more successor plan or plans, this Order and the Alternate Payee's rights thereunder shall also apply equally to any benefits or benefit rights accrued by the Participant under any predecessor plan, the liabilities of which have been transferred to the Plan. Any changes in the Plan's Administrator, Plan's Sponsor, or Plan's Names shall not affect the rights of the Alternate Payee under this Order. 18. Effect of Plan Termination. Should the Plan be voluntarily or involuntarily terminated and should the Participant's benefits become payable by the Pension Benefit Guaranty Corporation, the Alternate Payee's benefits as provided in this Order shall also be payable by the Pension Benefit Guaranty Corporation to the same extent as the Participant's benefits in accordance with the termination provisions of the Plan. 19. Continued Jurisdiction. The Court shall retain jurisdiction with respect to this Order to the extent required to retain the qualified status of the Order and to interpret and carry 4 out the provisions of this Order. Either parry to this Order may apply to the Court for any amendment necessary to establish or maintain the qualified status of this Order. By the Court, Consented to: Date: ?- ?-C? Date: '?- q-0 S? Date: '?-/Y-o9 David W. Cole, Participant Mane Cole, Alternate Payee Anne S. Johnson, E 01wre Attorney for Alternate Payee 6 t IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Marie R Cole Plaintiff VERSUS David W Cole Defe_.ndant N 0. 2007 - 6786 DECREE IN DIVORCE AND NOW, March 4 DECREED THAT Marie R. Cole AND David w. Cole ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 2008 , IT IS ORDERED AND PLAINTIFF, I DEFENDANT, 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; BY THE COURT: M. L. Ebert, Jr. ATTEST: J PROTHONOTARY Certified Copy Issued: arch 4, 20 8 i M Walker, Connor & Johnson, LLC MINK 1 2 2008 247 Lincoln Way East Chambersburg, PA 17201 (717) 262-2185 (717) 262-2187 - Fax IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Marie R. Cole, Plaintiff ) Defendant ) Civil Action - Law V. David W. Cole, No. 2007-6786 In Divorce a v.m. QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of 2008, it appearing to the Court that: 1. Parties to Divorce Action. The parties to this action are Marie R. Cole ("Alternate Payee") and David W. Cole ("Participant"). 1.1. Participant's name, address, social security number and date of birth are as follows: Name: David W. Cole Address: 16 Darrin Avenue, Newburg, Pennsylvania 17240 Soc. Sec. No.: 026-34-6631 Date of Birth: August 23, 1944 1.2. Alternate Payee's name, address, social security number and date of birth are as follows: Name: Marie R. Cole Address: 1400 Martin Street, Apt. 3113 State College, Pennsylvania 16803 Soc. Sec No.: 062-34-4157 Date of Birth: December 16, 1943 U/:Tz V31? ) l II )ffl lvW hclo"1 _ SQ f p?/? Y /' h L ?ko : f r 1.3. The parties were divorced by Order of this Court (a copy attached hereto) on March 4, 2008. The Decree has not been amended. 2. Plan. This Order applies to the Individual Retirement Account of David W. Cole, at Merrill Lynch, Account No. 697-71581. The Administrator responsible for determining whether the Order constitutes a Qualified Domestic Relations Order, as described below, is 3. Interpretation and Construction of Order. 3.1. The parties intend this Order (the "Order") to constitute a "Qualified Domestic Relations Order", within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code") and Section 206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as amended, ("ERISA"). The provisions of this Order shall be administered and interpreted in conformity with Section 414(p) of the Code and Section 206(d)(3)(B) of ERISA. 3.2. Nothing in this Order shall be construed to require the Plan to provide: 3.2.1 Any type or form of benefit, or any option, not otherwise provided under the Plan. 3.2.2. Benefits to Alternate Payee (as defined in Paragraph 4) in an amount that exceeds the amount of benefits that the Plan would be required to pay with respect to the Participant. 3.2.3. Benefits to Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order. IT IS ORDERED, ADJUDGED AND DECREED as follows: 4. Alternate Payee. This Order creates or recognizes the existence of the right of Alternate Payee (as hereinafter defined) to receive all or a portion of the benefits payable with respect to Participant under the Plan. For purposes of this Order, Alternate Payee is: X 4.1. Former Spouse 5. Amount of Distribution and Form of Distribution to Alternate Payee. The distribution to Alternate Payee contemplated by this Order shall be made in the form of a transfer of Sixty (60%) percent of the balance of the account as of November 5, 2007, plus gains or losses and income or expenses until the date of distribution from the aforesaid account of the Individual Retirement Account of David W. Cole, Account No. 697-71581 to the Individual Retirement Account of Marie R. Cole, Account No. 697- 71592, at Merrill Lynch. 6. Distribution Date. The distribution to Alternate Payee contemplated by this Order shall be made as soon as administratively practicable following the Company's determination that this Order is a Qualified Domestic Relations Order. 7. Death of Participant or Alternate Payee. The death of Participant before all benefits to which Alternate Payee is entitled under this Order have been paid shall not affect the right of Alternate Payee to benefits from the Plan as described in this Order. Should Alternate Payee die before benefits have been distributed to her, Alternate Payee designates, Kristofer D. Cole, beneficiary of any and all benefits remaining to be paid. 8. Continuing Jurisdiction. The Court shall retain jurisdiction to amend this Order for the purpose of carrying out the intent of the Parties as reflected in this Order and to establish or maintain the status of the Order as a Qualified Domestic Relations Order. Either Party to this Order may apply to the Court for such amendment. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. By the Court, CONSENTED TO: Date: ?s - 7 COD Date: 3 Date: I's- ?1-0 T avid W. Cole, Participant Marie R. ole, Alternate Payee Anne 'S. Johnson squire Attorney for A ernate Payee