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HomeMy WebLinkAbout08-1147 JENNIFER L. NIERATKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA NO. Q - ?r i'7 Ldv?? V. KEITH S. NIERATKO, CIVIL ACTION - LAW Defendant IN 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 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 JENNIFER L. NIERATKO, Plaintiff V. KEITH S. NIERATKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 6 $r„ I117 C a a? i -fcrl.- CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Jennifer L. Nieratko, who currently resides at 1124 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Keith S. Nieratko, who currently resides at 1124 Pheasant Drive North, Carlisle, Cumberland County, Pennsylvania. 3. The 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 married on September 8, 2003 in Dalton, Lakawanna County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §§ 3301(c) and (d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since February 20, 2008 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from September 8, 2003, until February 20, 2008, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs one (1) through thirteen (13) of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendent elite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of ABOM & KUTULAKIS, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, ABOM & KUTULA"S, L.L.P. DATE V Michelle L. Sommer, Esquire Attorney ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff I, JENNIFER L. NIERATKO, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. 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 ?La- ?Ibq J IF L. NIERATKO AND NOW, this 21" day of February, 2008, I, Michelle L. Sommer, Esquire of ABOM & KUTULAKIS, LLP, hereby certify that I did serve or cause to be served a true and correct copy of the foregoing Divorce Complaint by United States Certified Mail, Restricted Delivery, addressed to the following: Keith S. Nieratko 1124 Pheasant Drive North Carlisle, PA 17013 Michelle L. Sommer, squire o U? o a Q c 49 W r.? O A n P a.. OM' T, A U UI AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 JENNIFER L. NIERATKO, Plaintiff V. KEITH S. NIERATKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA/ NO. 08-1147 - IN DIVORCE ? NO. 08-1148 - IN CUSTODY CIVIL ACTION - LAW I, Michelle L. Sommer, hereby certify that I did serve a true and correct copy of the Divorce Complaint under Section 3301(c) and (d) of the Divorce Code; as well as, a true and correct copy of the Custody Complaint by depositing, or causing to be deposited in the U.S. mail, certified mail, restricted delivery, postage prepaid, on Keith Nieratko, at Carlisle, Pennsylvania, addressed as follows: Keith S. Nieratko 1124 Pheasant Drive North Carlisle, PA 17013 Return card acknowledging receipt on February 25, 2008, is attached as Exhibit "A". Date ABOM & KuTuLAKrs, L.L.P. Michelle L. Somm ",squire Supreme Court No.: 93034 36 South Hanover Street Carlisle, PA 17013 (717)249=0900 Attorney for Plaintiff 4k,. 4W ¦ fbmplete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired: ¦ Print your`name and' address on the reverse so that we can return the card to you. ¦ Attach this card to the hack of the mallpiece, or on the front if space permits. 1. Article Addressed to: Ya4 k Cpl iS ?-t '-I)A 1-7o 13 X / 13 Agent a t? ? Addressee B. Rpgeived by (Mnfed?Name) C. Date of Deliven D. Is'deWery address different from Item 1? ? Yes If YES, enter delivery address below: 13 No 3. Service .?'iy-pJe *Artf Mali 0 Express Mail ? Registered ? Retum Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? Pft Fee) es 2'Article r Number W 7005 2570 0000 3804 3859 PS Form 3811, February 2004 Domestic Return Receipt t o2W5-a4M-i 64o EXHIBIT "A" Cy '. ( J C -T-1 -?. r Q I i?T r cc i {,i JENNIFER L. NIERATKO, Plaintiff V. KEITH S. NIERATKO, Defendant JENNIFER L. NIERATKO, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ ] Annulment [ x ] Alimony [ x ] Alimony Pendent Lite and in support of the Motion the Plaintiff states: 1. Discovery is not complete as to the claim(s) for which the appointment of a Master is requested but has been requested. 2. The Defendant has appeared in the action by his attorney, Jane Adams, Esquire. 3. The statutory ground(s) for the divorce are: 5§ 3301(c) & (d) 4. The action is contested with respect to the following claims: N/A 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. [ x ] Distribution of Property [ ] Support [ x ] Counsel Fees [ x ] Costs and Expenses IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 08-1147 CIVIL ACTION - LAW IN DIVORCE 7. Additional information, if any, relevant to the motions: a. N/A DATE (0 Ilu S T Michelle L. Sommer, E wire Attorney for Plaintor AND NOW, 2008, Esquire, is appointed Master with respect to the following claims: BY THE COURT, J ca --? cn a JW 17 2008 JENNIFER L. NIERATKO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 08-1147 KEITH S. NIERATKO, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER JENNIFER L. NIERATKO, Plaintiff, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ x ] Distribution of Property [ ] Annulment [ ] Support [ x ] Alimony [ x ] Counsel Fees [ x ] Alimony Pendent Lite [ x ] Costs and Expenses and in support of the Motion the Plaintiff states: 1. Discovery is not complete as to the claim(s) for which the appointment of a Master is requested but has been requested. 2. The Defendant has appeared in the action by his attorney, Jane Adams, Esquire. 3. The statutory ground(s) for the divorce are: §§ 3301(c) & (d) 4. The action is contested with respect to the following claims: N/A 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: a. N/A DATE 1(I?IVO Michelle L. Sommer, E wire Attorney for Plaint AND NOW, l? 2008, , Esquire, is appointed Master with respect to the following claims: 7"i' BY THE , J. ?' ?? N ? .L d Vogt fO- C-4 U Q 4 N JENNIFER L. NIERATKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW KEITH S. NIERATKO, NO. 08-1147 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance previously entered on behalf of the Plaintiff, Jennifer L. Nieratko, in the above captioned case. DATE: g MICHELLE L. SOM R, Esquire Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 Please enter my appearance on behalf of the Plaintiff, Jennifer L. Nieratko, in the above captioned case. DATE: ? 4 1 L L B e, Eq OCer Street Carlisle, PA 17013 (717) 243-5551 c> 4- `M-; , c? ?- - y_, ? ?? - ?, : ?a -- ! ???s?' ? , 4? ..?' ? J ?..+ ` ? F.? ?? ? ? y 0 JENNIFER L. NIERATKO, Plaintiff vs. KEITH S. NIERATKO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : No. 08 - 1147 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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 corr F0, . I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 44, relating to unswo falsification to authorities. Date: L//C?//o q Keith S. Nifzr? *a, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 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. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S? §4904 relatin sworn falsification to authorities. Date: y/x?o 7 Keith S1 NWatko, Defendant "? ?,na e.;1TAY OF THE 2009 APR 21 1'a t 1- 6 JENNIFER L. NIERATKO, Plaintiff vs. KEITH S. NIERATKO, . Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1147 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 22, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: J V ?/ 0 9 Je ni r L. i ratko, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301 (d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: ?,r ( "feertko, Plaintiff Mi 'H CIE 2009 APR 21 PM 1: 3 b Li jr s, _, JENNIFER I. NIERATKO, Plaintiff VS. KEITH S. NIERATKO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 1147 CIVIL IN DIVORCE ORDER OF COURT f 41 , AND NOW, this day of dut 2009, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on April 21, 2009, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, ..N G Edgar B. Bayley, P.J. cc: ZBradley L. Griffie Attorney for Plaintiff ZJane Adams Attorney for Defendant co rnQ1LLL >- E rn N w LL u C=D { cv JENNIFER L. NIERATKO, Plaintiff vs. KEITH S. NIERATKO, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 08-1147 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on February 25, 2008. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff. April 21, 2009 by Defendant: April 21, 2009 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 21, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 21, 2009 Gr' e, Esquire FIE ASSOCIATES Attorn for Plainti ALED "'T 2609 MA - I P Ho 2' 2 3 IN THE COURT OF COMMON PLEAS OF Jennifer L. Nieratko CUMBERLAND COUNTY, PENNSYLVANIA V. Keith S. Nieratko NO 08-1147 DIVORCE DECREE AND NOW, 2 Zo fl , it is ordered and decreed that Jennifer L. Nieratko plaintiff, and Keith S. Nieratko , 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.") None. The parties' Stipulation and Agreement entered into between the parties before the Divorce Master on April 21, 2009 is incorporated herein, but not merged. By the Court, ,4? R . fr. .14 ,4 -447e 44 aAo..d JENNIFER L. NIERATKO, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW KEITH S. NIERATKO, NO. 08-1147 CIVIL TERM Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated May 6, 2009, hereby elects to resume the prior surname of Jennifer L. Rhodes, and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. 704. DATE: SJ 7/ D 1 COMMONWEALTH OF PENNSYLVANIA: . SS. COUNTY OF CUMBERLAND On this, the 71 day of //)Jay , 2009, before me the undersigned officer, personally appeared Jennifer L. Nieratko, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public Notary Public rmgv E BOROUGH, CUMBERLAND COUNTY Co mmission Exp re3 Apr 17, 2011 i i:..ED? 7 THE t;1jr 'y 2099 Kli i' I ",, Fit L• ;li ov ?eL Al? cctL 13 927 a ;Zsi87 Ail Jk*ATdk cr?zene ; ?taoa t IYIU(. C:w? 9 : s "RA AUG 2 8 2009 JENNIFER L. (NIERATKO) RHODES: IN THE COURT OF COMMON PLEAS OF Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA vs. KEITH S. NIERATKO, Respondent : CIVIL ACTION -LAW NO. 08-1147 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Petitioner, Respondent and the subject matter of this Order pursuant to 23 P.C.S. §3501 et. seq.; and WHEREAS, Petitioner, Respondent and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended (`ERISA') and Section 404(p) of the Internal Revenue Code of 1986, as amended; and Order. WHEREAS, Petitioner and Respondent have stipulated that the Court enter this NOW, THEREFORE,. pursuant to this state's domestic relations laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) Participant shall mean KEITH S. NIERATKO, whose current address is 1124 Pheasant Drive North, Carlisle, Pennsylvania, 17013, who was born on 12/11/1974, whose Social Security Number is xxx-xx-xxxx*. (b) Alternate Payee shall mean JENNIFER L. RHODES, whose current address is 704 Stanwix Circle, Apartment 4, Carlisle, Pennsylvania, 17013, who was born on 02/02/1978, whose Social Security Number is xxx-xx- XXXX * . (c) Plan shall mean Embarq Retirement Savings Plan. (d) Plan Administrator shall mean Embarq Corporation. zI 2. This Order relates to marital property rights. 3. The Alternate Payee is the former spouse. 4. With respect to marital property, alimony or spousal support awards, the Participant and Alternate Payee were considered married for federal income tax purposes. 5. The Alternate Payee and Participant were married on 09/08/2003. 6. The Alternate Payee and Participant were legally divorced on 05/06/2009. 7. Valuation Date shall be 02/21/2008. 8. The Alternate Payee's interest in the Plan shall be NINE THOUSAND SIX HUNDRED FORTY-THREE AND 37/100 ($9,643.37) DOLLARS of the Participant's total vested account balance under the Plan as of the Valuation Date. 9. The Alternate Payee's award is entitled to earnings (dividends, interest, gain and losses) from the Valuation Date to the date that the award is segregated from the Participant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be subject to all earnings attributable to the investments therein. 10. In the event that there is an outstanding loan balance as of the Valuation Date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 11. The Alternate Payee's award will be paid proportionally from all investment options as of the date of account segregation. 12. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum distribution as soon as administratively feasible following the date that the Order is determined to be a QDRO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 13. To the extent allowed by the Plan, all beneficiary designations will be made after qualification of the Order and segregation of a separate account for the Alternate Payee pursuant to the administrative procedures established for the Plan. 14. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Employer Services Company, LLC, forthwith. This Order shall remain in effect until further order of this Court. 15. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator to provide to the Alternate Payee any type or form of benefit or option not otherwise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order which has been determined to be a QDRO before this Order is determined to be a QDRO. 16. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 17. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining, modifying and enforcing this Domestic Relations Order. 18. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant will be treated as the distribute of any distributions or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal and/or state income taxes on such distribution. If the Alternate Payee is a child or other dependent of the Participant, the Participant will be responsible for any federal and/or state income taxes on any such distribution. 19. The Court shall retain jurisdiction over this matter to amend the Order if necessary to establish and/or maintain its status as a Qualified Domestic Relations Order. 20. Order Review Fees. The Participant is responsible for the one time determination fee for review of the Domestic Relations Order. The fee will be deducted from A i„• r the Participant's account following the first review of the Order. The fee will be taken from the investment options in the applicable account(s) according to the plan level fee method in effect as of the date the fee is deducted. *The original Qualified Domestic Relations Order being filed of record has had the parties' Social Security Numbers redacted for confidentiality purposes. Participant• KEITH N TKO Alternate Payee: HODES FE 4 a",. Attorney for Petitioner: fie, FIE Esquire ASSOCIATES S 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Dated: n17 d Dated: Attorney for Respondent: 6 J Adams, Esquire 7 est South Street rlisle, PA 17013 (717) 245-8508 y FILL--; OF THE ZG69 AUG 31 ?? `?11: 0 9