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Home My WebLink About07-7632KATHLEEN M. MILLER, Plaintiff V. THOMAS C. MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - `74, CIVIL TERM CIVIL ACTION-LAW 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 KATHLEEN M. MILLER, Plaintiff : V. THOMAS C. MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 76 3-2 CIVIL TERM CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Kathleen M. Miller, an adult individual who currently resides at 90 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Thomas C. Miller, an adult individual who currently resides at 90 Longstreet Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 30, 1996 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in Counseling. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above. 9. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: /Z •//- P7 Michael A. Scherer, Esquire I. D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION 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: \a - \k- o-l Kathleen M. Miller V rnrs_ MET: c?-3 m F-n - ?_.' lrn KATHLEEN M. MILLER, Plaintiff V. THOMAS C. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7632 CIVIL TERM CIVIL ACTION-LAW ACCEPTANCE OF SERVICE AND NOW, this i? day of Tat, orr f , 2008, I, Thomas C. Miller accept service of the Divorce Complaint in the above-captioned case. Thomas C. Miller s P.i : . c.??, _ c?a -? I .L'.:k? ^mmi. ?? --. ' ! T ,t ? v} ? t ? " KATHLEEN M. MILLER, Plaintiff V. THOMAS C. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7632 CIVIL TERM CIVIL ACTION-LAW PLAINTIFF'S AFFIDAVIT OF CONSENT AND 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 20, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: - - OG? ?cs M.. ?-k* ?2? Kathleen M. Miller ?? ? P?..7 , ? ? µ a.0`. ? i T S i C,,:, ? ,,,,y ?... 4 ? ?',?' 4? .. ?} ?? 1 ?? `?? ! ?? FF ?u. v KATHLEEN M. MILLER, Plaintiff V. THOMAS C. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7632 CIVIL TERM CIVIL ACTION-LAW DEFENDANT'S AFFIDAVIT OF CONSENT AND 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on December 20, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree in divorce without notice. 4. 1 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. 1 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: o Thomas C. Miller M _ rs c PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this 3 r e? day of $ c 200 9 , is by and between: THOMAS C. MILLER, of Carlisle, Pennsylvania, party of the first part, hereinafter referred to as "Husband"; and KATHLEEN M. MILLER, of Carlisle, Pennsylvania, party of the second part, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on 31 March 1996 in Carlisle, Pennsylvania, and are the parents of two minor children: Samuel T. Miller, born 30 March 1999, and Nathaniel J. Miller, born 11 June 2001 (hereinafter referred to as "children"); and WHEREAS, difficulties have arisen between the parties as a result of which they separated in July of 2007 and have lived separate and apart since that time, and now wish to conclude a property settlement and divorce; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their assets, the provision for their children and for their rights and responsibilities in and toward such children, the provision for the liabilities they owe, and provision for the resolution of their mutual differences, after both parties have had full and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto, in consideration of the above recitals, the mutually made and to be kept promises set forth hereinafter, and for other good and valuable considerations, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise, and agree as follows: 1. CHILD CUSTODY. This agreement makes no provision for the legal or physical custody of the children, it being the intention of the parties to resolve those matters privately. Each of the parties reserves unto themselves all of their rights, claims, defenses, and obligations relating to the children and custody. Page 1 of 9 i 2. CHILD SUPPORT. This agreement makes no provision for the financial support of the children, it being the intention of the parties to resolve those matters privately. Each of the parties reserves unto themselves all of their rights, claims, defenses, and obligations relating to the children and child support. 3. PROCEEDS OF SALE OF RESIDENCE. The parties acknowledge that they have sold the former marital residence at 90 Longstreet Drive in Carlisle, Pennsylvania, and that the remaining proceeds of that sale are currently held in escrow by Marcus McKnight, Esquire. The parties further acknowledge that Mr. McKnight is owed a small fee for his services to the parties with regard to the sale of the property and the escrow account. With regard to those proceeds, the parties agree as follows: A. They shall authorize Mr. McKnight to pay, from the funds he is holding, the balance owed him for any professional fees associated with his efforts in the sale of the house and the holding of the funds in escrow; and B. The remaining funds shall be divided equally between the parties and distributed to them as promptly as possible after the execution of this agreement. 4. MOTOR VEHICLES. The parties agree to distribute their motor vehicles as follows: A. Husband will retain the 2003 Dodge pickup truck currently titled in his name. He shall be responsible to pay and satisfy in accordance with its terms the debt owed to Members First Federal Credit Union secured by an encumbrance against the vehicle and shall indemnify and save Wife harmless on any claim made against her as a result of his failure to pay that obligation. B. Husband shall retain the 1972 Chevrolet Blazer vehicle currently titled in his name. C. The parties shall transfer to Wife the title to the 2002 Ford Explorer currently titled in their joint names. The parties acknowledge that there is no debt which encumbers the title to the vehicle and Wife agrees that she shall pay the cost of transferring the title of the vehicle to her name alone. Page 2 of 9 r Each of the parties shall be responsible to pay all expenses, debts, and obligations arising out of their ownership or use of the vehicles from and after the date of this agreement and shall further indemnify and save the other harmless from any loss, cost, or expense caused by their failure to pay such items as they arise. 5. RETIREMENT ACCOUNTS. The parties acknowledge that Husband is an union electrician and, as a result, is a participant in and beneficiary of the IBEW Pension Plan and the IBEW Annuity. They also acknowledge that Wife was employed during the marriage by St. Patrick's School in Carlisle, the Borough of Carlisle, and the Washington Group and, as a result of that employment earned certain retirement or other tax-deferred benefits. The parties acknowledge that, in addition, Wife has an individual retirement account in her name alone. The parties acknowledge and agree that they have exchanged information about these retirement benefits and that both of them are satisfied with the information each of them has received about such benefits. With regard to their retirement benefits, the parties agree as follows: A. Husband shall transfer from his IBEW Annuity the sum of Thirty Thousand Seven Hundred Twenty-Five ($30,725.00) Dollars. The transfer shall be made pursuant to a Qualified Domestic Relations Order entered in the divorce action to be filed between the parties and Husband shall be responsible to pay the costs to obtain the entry of such order. B. The funds to be transferred from Husband's IBEW Annuity, pursuant to sub-paragraph A above, will be transferred into Wife's individual retirement account. Wife shall be solely responsible to pay any income taxes, interest, or penalty imposed upon those funds after they are transferred to her. C. After the transfer contemplated by sub-paragraphs A and B above, each of the parties shall retain their retirement benefits free of any further claim by the other party and each of the parties waives all further claim to or interest in the retirement benefits of the other after the transfers contemplated by this agreement. Page 3 of 9 6. PERSONAL PROPERTY. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household and personal property between them and they mutually agree that each party shall, from and after the date hereof, be the sole and separate owner of all such tangible personal property presently in his or her possession, whether said property was heretofore owned jointly or individually by the parties hereto, and this agreement shall have the effect of an assignment or receipt from each party to the other for such property as may be in the individual possessions of each of the parties hereto, the effective date of said bill of sale to be contemporaneous with the date of the execution of this Agreement. 7. WAIVER OF EQUITABLE DISTRIBUTION. The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have a court or any other tribunal equitably distribute or divide their marital property and do hereby further waive, release and quitclaim any and all claim against or interest in assets now currently in the possession or held in the name of the other, it being their intention to accept the terms and provisions of this agreement in full satisfaction of all of their claims to the marital property of the parties and the equitable distribution of the same. 8. WAIVER OF ALIMONY, SPOUSAL SUPPORT AND ALIMONY PENDENTE LITE. The parties acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Both parties acknowledge that they are able to support and maintain themselves comfortably, without contribution from the other beyond that as provided for in this Property Settlement Agreement, upon the income and assets owned by each of them. The parties hereby accept the mutual covenants and terms of Page 4 of 9 this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themself, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto and the parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony, alimony pendente lite, counsel fees and expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 9. WAIVER OF FURTHER PROCEEDINGS BEFORE COURT. The parties hereby represent that they have agreed to the foregoing division or distribution of property in an effort to resolve all disputes relating to their marital property and obligations and to make an equitable distribution of their marital property as contemplated by the Divorce Code of Pennsylvania. The parties acknowledge that they have the right to ask a court of appropriate jurisdiction to make equitable distribution of their marital property and to engage in formal litigation to have the court do so. Because of the division or distribution of marital property to which they have agreed, as provided for in this Property Settlement Agreement, and knowing their rights to have the court equitably distribute or divide their marital property following litigation by the parties, the parties hereto do hereby waive and release any right to have the court make such equitable distribution or for them to litigate any claims relating to equitable distribution in the divorce action contemplated by the parties. 10. WAIVER OF ESTATE RIGHTS. Husband releases his inchoate intestate rights in the estate of Wife and Wife releases her inchoate intestate rights in the estate of Husband, and each of the parties hereto by these presents for himself or herself, his or her heirs, executors, administrators, or assigns, does remise, release, quit claim, and forever discharge the other party hereto, his or her heirs, executors, administrators, or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits of law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by such other party prior to the date hereof; except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises Page 5 of 9 r made and imposed by reason of this agreement and shall in no way affect any cause of action in absolute divorce which either party may have against the other. 11. WAIVER OF OTHER CLAIMS AND ESTATE CLAIMS. Except as herein otherwise provided, each party hereto may dispose of his or her property in any way, and each party hereby expressly waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including, without limitation, the right to equitable division of marital property, alimony, alimony pendente lite, and counsel fees, except as provided for otherwise in this Agreement, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights, and claims. 12. REPRESENTATION AS TO NO DEBTS. The parties hereto mutually represent to the other than neither of them has incurred any debts in the name of the other not previously disclosed or provided for in this agreement. Each of the parties hereby represents to the other that neither one of them have incurred or contracted for debts in the name of the other or for which the other is or would be legally liable from and after the date of the parties' separation. Both parties hereto mutually agree and promise that neither will contract or otherwise incur debts in the other's or joint names without the prior permission and consent of the other party hereto. Both parties hereto represent and warrant to the other party that they have not so contracted any debts unbeknownst to the other up to the time and date of this Agreement. 13. DISCLOSURE. Both of the parties hereto represent to the other that they have made full disclosure of the assets and income and income sources owned, controlled, or enjoyed by either of them and that neither party hereto has withheld any financial information from the other. Each of the parties represents that they have reviewed such information, as well as the law of Pennsylvania as it relates to their rights, obligations, and claims arising out of their marriage and of any divorce action which has or Page 6 of 9 may be filed between the parties with an attorney of their choice, or had the opportunity to review such matters with an attorney of their choice and voluntarily decided not to do so. Further, the parties each acknowledge that they are aware that they have the right to compel the other party to provide full financial information about all assets owned by either party and all liabilities owed by either party and have the right to have a court force such disclosure in a divorce action. Being aware of those rights, the parties expressly waive the right to further disclosure or discovery regarding marital assets, liabilities, incomes, and finances and agree that they are satisfied with their understanding of their legal rights and obligations. Being so aware and satisfied, the parties mutually accept the terms and provisions of this agreement in full satisfaction of any and all rights or obligations arising of their marital status or the divorce action now pending or to be filed between them. 14. BREACH. In the event that any of the provisions of this agreement are breached or violated by either of the parties, the other party shall be entitled to enforce this agreement by an appropriate action in law or in equity or to take any other action to which they are lawfully entitled to enforce this agreement or otherwise protect their rights. In the event that such action is commenced by one of the parties and the other party is found to have breached or violated any of the terms and provisions of this agreement, the party having so violated or breached the agreement, shall be responsible for and shall promptly pay upon demand the reasonable attorney's fees incurred by the other party to enforce their rights hereunder. 15. RELEASE. Each party does hereby waive, relinquish, and release any claim they have against the other for bank accounts, stocks, bonds, and other and similar investment assets which are now owned by or in possession of the other, regardless of whether such assets were owned by the parties jointly or separately prior to the date of this agreement. Each party hereto does hereby waive and release any claim they may have under the laws of the Commonwealth of Pennsylvania for the equitable distribution or the other division of such assets or any claim to them as marital property. 16. CHOICE OF LAW. This Agreement shall be interpreted, applied and enforced in accordance with the laws of, and by the courts of, the Commonwealth of Pennsylvania. Page 7 of 9 t 17. SEVERABILITY. If for any reason whatsoever any part of this Agreement shall be declared void or invalid, only such part shall be deemed void and in all other respects this Agreement shall remain valid and fully enforceable. 18. NON-WAIVER. The waiver of any term, condition, clause, or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. ..aL- l . LCJ Witness THOMAS C. MILLER 1 \? M 1 o.e4-1 Witness KATHLEEN M. MILLER Page 8 of 9 J COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) On this, the day of -Wr4LOW'A , 200 q , before me, the undersigned officer, personally appeared THOMAS C. MILLER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL = C CAMELA J MANM= NO#" Pubft My Commission Expires: X010 NAMILTON TW. FRANKLIN COWW ` My Commission bpk" Jun 21.2010 COMMONWEALTH OF PENNSYLVANIA ) ( SS.. COUNTY OF CUMBERLAND ) On this, the j day of 3 A V•11;U? 'q , 200 01 , before me, the undersigned officer, personally appeared KATHLEEN M. MILLER known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that said person executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. NOTARIAL UAL CAMELA J MANS= 0-aftui LL NOWY HAMILTON TwR FR N LIN COOM My Commission pires: (, 1 I U My comm"" up"I Jun 21. gets] Page 9 of 9 f IkkA, Eo;noim cl AN AAA* 711Q?J? mfG>F? r- x V'flStt?J 1t?'f'AA0 • 4Wr KATHLEEN M. MILLER, Plaintiff V. THOMAS C. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7632 CIVIL TERM CIVIL ACTION-LAW PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on January 11, 2008. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on January 2, 2009; and Defendant on January 3, 2009. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: The parties signed Waivers of Notice of Intent to Request Entry of Divorce Decree. Respectfully submitted, O'BRIEN, BARIC & SCHERER MichaerA Scherer, Esquire 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 P-a } ? -rin IN THE COURT OF COMMON PLEAS OF KATHLEEN M. MILLER : CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS C. MILLER NO. 2007-7632 CIVIL TERM DIVORCE DECREE AND NOW, 100q , it is ordered and decreed that KATHLEEN M. MILLER , plaintiff, and THOMAS C. MILLER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The parties Marital Settlement Agreement dated January 3, 2009 is incorporated but not merged herein as a final Order of Court. By the Court, ?\_? ?a\ Attest: J. Prothonotary r y?j? ? ? ? . ?? „? ??G? ??- ?? ? ? ?? ?? ?. -. tR }? ? ? .e KATHLEEN M. MILLER, Plaintiff V. THOMAS C. MILLER, Defendant JUN 2 ? 2009 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 7632 CIVIL ACTION-LAW QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a Qualified Domestic Relations Order ("QDRO"), as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974, and Section 414(;?) of the Interna! Revenue Code of 1986. 1. Identification of Fund: This Order applies to benefits under the IBEW Local No. 143 Annuity Fund ("Fund"). 2. Plan Participant Information: The Plan Participant is Thomas C. Miller, whose current mailing address is 301 Cavalry Road, Carlisle, Pennsylvania 17013. His date of birth is October 27, 1972 and his social security number is 209-60-9675. 3. Alternate Payee Information: The Alternate Payee is Kathy M. Miller, whose current mailing address is 450 Barnstable Road, Carlisle, Pennsylvania 17015. Her date of birth is May 16, 1969 and her social security number is 185-64-0967. It is the responsibility of the Alternate Payee to keep a current mailing address on file with the annuity fund at all times. 4. Date Of Marriage and Divorce: The Plan Participant and the Alternate Payee were married on March 30, 1996, and were granted a divorce on January 27, 2009. 5. Amount of Benefit to be Paid to Alternate Payee: The portion of the Participant's fund benefits payable to the Alternate Payee is $30,725.00. 6. Benefits Start: The fund shall pay Alternate Payee as soon as is administratively possible. 7. Spousal Rights to Former Spouse as Alternate Payee: A. The fund shall not treat the Alternate Payee as the Participant's spouse for purposes of the Participant's joint and survivor annuity resulting from the accrued benefit in which the Participant retains a separate interest. B. The fund shall not treat the Alternate Payee as the Participant's spouse for purposes of the Participant's pre-retirement survivor annuity resulting from the accrued benefit in which the Participant retains a separate interest. ?1 8. Compliance with Applicable Laws. The parties to this Order intend that it comply with the applicable provisions of ERISA and the Code. Nothing in this Order shall require the fund: A. To pay benefits no permitted uner the Code or ERISA. B. To provide any type or form of benefit or any option not provided by the fund; or, C. To pay benefits to the Alternate Payee that re required to be paid to another Alternate Payee under another QDRO that is in effect prior to this Order. 9. Reservation of Jurisdiciton: The Court reserves jurisdiction to ament this Order to estab!ish or maintain its status as a QDRn under ERISA and the Code. SO ORDERED, this day of r? 2009. M. L. Ebert, Jr., J. AJ.W- Thomas C. Miller, Plan Participant Kathy M. Mi r, Alternate Payee Samuel An es, Esquire P.O. Box 168 Lemoyne, Pennsylvania 17043 Attorney for Participant 114i'll, ich I cherer, Esquire 19 Vilest South Street Carlisle, Pennsylvania 17013 Attorney for Alternate Payee ?r ?" u C?? R a:? f ,_ f +,