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HomeMy WebLinkAbout04-0602 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA A CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO.Oi../- l.::.6~ ClOJ._~~ BRIAN K CALDWELL, Defendant CIVIL ACTION - LAW 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 Ihe 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 10 you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, Pa 17013 (717) 249-3166 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774.1445 LINDA A CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04 - b>6d-..... C.,c.,~l '-T~ CIVIL ACTION - LAW IN DIVORCE BRIAN K. CALDWELL, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Linda A Caldwell, an adult individual residing at 1541 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Brian K. Caldwell, an adult individual residing at 1541 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on February 16, 1985 in Pittsburgh, Pennsylvania. 5. There are two (2) minor children born ofthis marriage: Tyler Lee Caldwell, born July 6,1989; and Megan Elizabeth Caldwell, born March 14, 1991 1 6. The parties separated on January II, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Acl of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiffhas the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs I through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with S 3301 of the Pennsylvania Divorce Code. 2 COUNT II EQUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiff's 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 in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 14. The averments in paragraphs I through 13, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 15. Plaintiff requires reasonable support to adequately sustain herself wilh the standard of living established during the marriage WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite 3 COUNT IV ATTORNEY'S FEES AND COSTS 16. The averments in paragraphs I through IS, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Linda A. Caldwell, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; c Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and Dated: February Jf2 2004 / ~. S"mp]~SWli,"" &Q""' . Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 E. Awarding other relief as the Court deems just and re 4 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA A CALDWELL, Plaintiff IN THE COURT OF COJ\1MON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-/. (.,02- BRIAN K. CALDWELL, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I undersland that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.SA Section 4904 relating to unsworn falsification to authorities. Dated: ';1.- q - C L'j ~J?ot1~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA A CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. BRIAN K. CALDWELL, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, LINDA A. CALDWELL, hereby certifY that the facts set forth in the foregoing COMPLAINT IN DIVORCF are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C S.A. Section 4904 relating to unsworn falsification to authorities. /"\1 Ci ""', / Dated: ,'\ -- 1- c,"! 0, Ca/~ l~ "'-f'- ~~ ~ r -6,. \L ~ irt G'.;() I) () 0 ~ c; frt v C' 0 I I jf!{,.,p: ~~ ft , ' c) ""'" c- C:.:::, ;: 5:2 ,."- -" g "., :j-J ~~;~ '" -:-V~J ~~ ,~fl.i~ , .r- <.rl ~ Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA A. CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-602 BRIAN K. CALDWELL, Defendant CIVIL ACTION - LAW IN CUSTODYIDIVORCE AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000060000283892 3783, Return Receipt Requested, on the above-named Defendant, Brian K. Caldwell, on February 17,2004 at Defendant's last known address: 1541 Grandview Avenue, Mechanicshurg, Pennsylvania 17055. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certifY that the facts set forth above are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penallies of 18 Pa. C.SA 94904 relating to unsworn falsification to authorities. Dated: February 18, 2003 ;;:/ ~/./.~ // - ~ ape-Sullivan, Esquire--. 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff U S. Postal ServIce CERTIFIED MAIL RECEIPT (Domestic Mall Only, No Insurance Coverage Provided! fT1 '" r'- fT1 nECHANICSBURG PA 17055 ru lr '" fT1 Postage $ $0.60 $2.30 $1. 75 Certified Fee '" ru c c c C ..lI C Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (EndorSemenIRequired) $3.50 Total Postage & Fees $$8.15 c c C r'- --.,...,-- EXHIBIT "All ....,; :::::::0 z~ OJ ' r;'o :::::: .~~() ~-;:() :>..-=- Z ~ (? ,-'" <":.::~ c;;;; o " ---I "C fiip -nrn ~:\~S --yr b, \D -U :x ~ c.n CO MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this J/!!Iday of August, 2004, by and between Brian K. Caldwell, hereinafter referred to as "HUSBAND", and Linda A. Caldwell, hereinafter referred to as "WIFE", WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on February 16, 1985 in Pittsburgh, Allegheny County, Pennsylvania; WHEREAS, two (2) children were born of this marriage being Tyler Lee Caldwell, born July 6,1989 and Megan Elizabeth Caldwell, born March 14, 1991; WHEREAS, it is the intention of the parties to settle fully and fmally their respective fmancial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (I) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; (3) the settling of all matters between them relating to the past, present and future support or maintenance of their minor children, and (4) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. 711 5/2004 . , ., ." ". NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt 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: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Mark T. Silliker, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective fmancial situations to the other, including their assets, liabilities and income. 7/1512004 2 ~-c . ' ", Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. 2. 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 or authority, direct or indirect, by the other in all respects as if she or he were unmarried, except as may be necessary to cany out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, cany on and engage in any business, occupation, profession or employment which to him or her may seem 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 causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 7/15/2004 3 -i5~ ", " 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the infonnation provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional infonnation is necessary for the execution of this Agreement. 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. S. SUBSEOUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the tenns of this Agreement. This Agreement, and the tenns and conditions contained herein, as well as the enforcement of said tenns and conditions, 7/1512004 4 p~ ., " shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OrnER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement. A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, 7/1512004 5 pv . ' '. ., " whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's wilI, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such wiII was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, 7/15/2004 6 ,p? .' successors or assigns. 9. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or Wlenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations, promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 11. BINDING EFFECT OF AGREEMENTIWAIVER This Agreement shall remain in full force and effect unless and Wltil tenninated Wider and pursuant to the tenns of this Agreement. The failure of either party to insist upon strict perfonnance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same 7/15/2004 7 .p~ '. or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, 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, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of HUSBAND and shall be paid solely by him. HUSBAND hereby 7/1512004 8 ~~ covenants and agrees to hold WIFE hannless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital personal and household property, including but without limitation, jewehy, clothes, furniture, and other assets. HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. The only exceptions shall be the items set forth on Exhibit "I." These items shall be transferred within thirty (30) days of the date of execution of this Agreement. Each of the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. 711 5/2004 9 ,,~( This document shall constitute a bill of sale for said sole property. B. REAL ESTATE The parties jointly own property at 1541 Grandview Avenue, Mechanicsburg, Cumberland County, Pennsylvania. Said house has an appraised value of One Hundred Sixty-three Thousand Three Hundred Dollars ($163,300.00). Said house is encumbered by a mortgage held by GMAC in the approximate amount of One Hundred Eighteen Thousand Dollars ($118,000.00). HUSBAND desires to maintain said home and reside therein. WIFE agrees to convey her interest in this real estate to HUSBAND upon the condition that HUSBAND refmances the existing mortgage debt and otherwise complies with the tenns of this Agreement. HUSBAND shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND hereby agrees to indemnify and hold WIFE harmless from any and all liability as a result of non-payment of the mortgage or any other obligations as enumerated above associated with the real estate. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by WIFE's counsel and recorded only upon the event of HUSBAND's successful completion of the refmancing of the mortgage debt. HUSBAND shall have ninety (90) days to effectuate the refinance. In the event HUSBAND does not secure refinance of the mortgage in that time period, 7/1512004 10 ~ .' the house shall be listed for sale. Proceeds from the sale shall be the sole property of HUSBAND and HUSBAND shall be responsible for all costs associated with sales and operation of the home during that period. C. MOTOR VEIUCLES The parties have three (3) vehicles being a 2002 Chevrolet Trailblazer, 1997 Toyota Carnzy, and a 1985 Monte Carlo. The 2002 Chevrolet Trailblazer is encumbered with a loan due and owing to GMAC in the approximate amount of Three Thousand DoIlars ($3,000.00). WIFE shaIl be the sole owner of the 2002 Chevrolet Trailblazer. She shall be solely responsible for payment of the loan and wiIl agree to indemnify and hold HUSBAND harmless for said debt. HUSBAND shaIl be the sole owner of the 1997 Toyota Carnzy and the 1985 Monte Carlo. The parties agree to cooperate with each other to effectuate change of title on said vehicles. D. FINANCIAL ACCOUNTS At the time of separation, the parties had the foIl owing accounts: 1. E- Trade Account; 2. Commerce Bank; and 3. Auto Workers. The accounts have been closed and the Commerce and Auto Workers accounts have been shared equaIly between the parties. The E- Trade account, which has a value of 711512004 11 ~~ .. less than One Thousand Dollars ($1,000.00), shall be the sole and separate property of HUSBAND. E. PENSION The parties warrant that there are no pensions acquired during the marriage. The parties had four (4) retirement accounts. These are the L.P.L. Retirement Account, Account No. 1798-8148 (in WIFE's name) with an approximate value of Twenty-nine Thousand Five Hundred Eighty-four Dollars and 83/100 ($29,584.83) as of January 31, 2004 and a Sun Life Retirement Plan, Plan No. KA0076021301 (in WIFE's name) with an approximate value of Thirty-eight Thousand Five Hundred Thirteen Dollars and 29/100 ($38,513.29) as of December 31, 2003; and a L.P.L. Retirement Account, Account No. 1798-3102 (in HUSBAND's name) with an approximate value of Seven Thousand Five Hundred Dollars ($7,500.00). There is also a Commerce IRA, titled in WIFE's name, which has a value of Two Thousand Five Hundred Dollars ($2,500.00). WIFE will retain her Commerce IRA and her Sun Life Retirement Plan. HUSBAND will retain his L.P.L. Account. The parties agree that WIFE's L.P.L. Account shall be retained by WIFE except that she shall rollover the sum ofTen Thousand Dollars ($10,000.00) to HUSBAND's L.P.L. plan. No tax consequences or 7/1512004 12 4( '. penalty shall be realized in rolling this swn to HUSBAND and HUSBAND's counsel shall be responsible for all paperwork necessary to effectuate the tax free rollover. F. INSURANCE Each party shall retain ownership of any life insurance policy in his or her name. G. D.K. CALDWELL. INC. During the marriage, HUSBAND started a corporation known as B.K. Caldwell, Inc. HUSBAND has been primarily responsible for the corporation's operation. Said corporation shall be the sole and separate property of HUSBAND. HUSBAND warrants that WIFE is not an obligor or guarantor of any liabilities related to the corporation. HUSBAND agrees to indemnify and hold WIFE harmless for any and all costs, claims, expenses and liabilities of the Corporation. If WIFE is subject to any claim or costs arising from said corporation, including any tax liabilities, HUSBAND shall pay all of WIFE's losses, including the cost of defense of any such action, as well as any costs incurred to enforce this indemnification. H. ACCIDENT PROCEEDS: WIFE had received certain settlement proceeds for injuries incurred in an automobile accident. Said proceeds shall be the sole property of WIFE and HUSBAND hereby waives any and all claims thereto. 7/15/2004 I3 ~t .' I. 2003 TAX REFUND: The parties filed joint tax returns for 2003, which resulted in a Federal Tax Refund ofTen Thousand Four Hundred Fifty-five Dollars ($10,455.00) and debt owing for the State and Local of Eight Hundred Seventy-six Dollars ($876.00) and preparation costs of Six Hundred Twenty-five Dollars ($625.00). The net refund realized is Eight Thousand Nine Hundred Fifty-nine Dollars ($8,959.00). The parties agree that this shall be the sole property of WIFE and same shall be paid to her simultaneously with execution of this Agreement. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. HUSBAND shall be liable and responsible for the following debts and will indemnify and hold WIFE hannIess from the same: 7/15/2004 ]4 # ." ... .' 1. 2. Bank of America Melon Visa $1,800.00; and $9,000.00. HUSBAND agrees to pay these joint debts in full from the proceeds of his refmance of the marital home prior to release of the deed or otherwise transfer of the liability into his sole name. He further agrees to indemnifY and hold WIFE hannless from each of the aforementioned debts and agrees to be responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from these debts. These cards shall be closed. WIFE shall be liable and responsible for the following debs and will indemnifY and hold HUSBAND hannless for same. 1. Kohl's; $ 580.00; 2. Je Penney $ 294.00; 3. February PP&L $ 349.00; and 4. February Nextel $ 264.00. WIFE agrees to indemnifY and hold HUSBAND harmless from each of the aforementioned debts and agrees to be responsible for all attorneys' fees incurred by HUSBAND in defense of any claim or suit brought against him arising from these debts. To the best of the parties' knowledge, the parties afiInn no other joint debts exist 7/1512004 15 -0~ , . and all joint cards terminated. SECTION III CHILD SUPPORT, ALIMONY PENDENTE LITE, ALIMONY 1. CHILD SUPPORT Child Support shall be detennined in accordance with the PACSES Case No. 113106248, Cumberland County Docket No. 00228 S 2004. It is agreed to by the parties that they shall share the children as tax exemptions. Although WIFE is the custodial parent, she shall sign all fonns necessary to transfer to HUSBAND the exemption status of their son, Tyler. WIFE shall claim the parties' daughter, Megan as an exemption. The parties further agree that HUSBAND shall be required to pay one-half (1/2) of all fees, as well as equipment costs, relative to the following extracurricular activities in which the children are anticipated to be engaged. Payment shall be made directly to WIFE monthly and no later than the last day of each month. The activities in questions: A. B. C. D. E. F. G. 711512004 Hockey travel fees; Hockey high school club fees; Hockey camps; Hockey instruction; Hockey equipment; Soccer travel fees; Soccer school fees; 16 Pi 0' H. Soccer camps; I. Soccer instruction; J. Soccer equipment; K. Church confIrmation fees; L. Musical lessons; M. Musical instruments; and N. All similar other activities which the parties shall mutually agree that their children shall be enrolled in. This will include retroactive reimbursement for expenses incurred by the children in April, May and JWle, 2004. Said payment shall be due within five (5) days of execution of this Agreement. 2. ALIMONY. ALIMONY PENDENTE LITE. SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and fmal satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony or alimony pendente lite. HUSBAND and WIFE further, volWltarily and intelligently, waive and relinquish any right to seek from the other any payment for spousal support, alimony, alimony pendente lite and maintenance. SECTION IV CUSTODY The parties agree that they shall share legal custody of their children. Primary 7/1512004 17 ~~ .1. . . physical custody shall be with WIFE. Periods of partial physical custody shall be with HUSBAND as the parties can arrange. SECTION V 1. CONDITION PRECEDENT TO TIlE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ~--::?-C:~~ BRIAN K. CALDWELL ~ r (;11 :/J/' 1 '...., t'1Lc-ttL ,;1'l a {/d(t~.e1::. L.{INDA A. CALDWELL 7115/2004 18 1% . . .' . .' COMMONWEALTH OF PENNSYLVANIA COUNTY OF fXlupA (VI ) ) SS, ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Brian K. Caldwell, who being duly aftinned according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this 7t!- day Of~ 2004, ~1~ N TARY PUBLIC NOTARIAL SEAL ...... om.b8cII, N-, PaIIIII Lower Pu..... Twp. ~.. c:.- My CommiBBiaa Ilxpkw NII9. 30,'" My commission expires: (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) SS. ) COUNTY OF CUMBERLAND Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Linda A. Caldwell, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge information and belief. / cribed to before me this I {ti) day of ~ 2004. (SEAL) 7/1512004 NOWlW: M. I'WJW. ..........1If.INM NPNCU.':;~~ CUttWRIAND=- ~ NDv Jl.aG07 19 # ., . .' EXHIBIT"l" , .. ." . # '. . " '. . . BarlJara Swnple-Sullivau, Esquire Supreme Court #32317 549 Bridge Street New Cwnberlaud, PA 17070 (717)774-1445 LINDA A. CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-602 BRIAN K. CALDWELL, Defendant CIVIL ACTION - LAW IN CUSTODYIDIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 11,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of IS Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: X' - /J-O '-/ '.- ,,-; ~L ./-y{]~ { j -l1:1 (: f-{.t.(! \../Linda A. Caldwell C) ...., <. ., (-.] C ::2 -"I :':1.. --I :r , . I ,"Li~j ~ ) ..;"'1 ! ,"i 0::::) , !. , " .' - ; -, , .-. , ", , ~.n ., t...."r :':1 ....- -~ \..':J -"' Barbara Swnple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717) 774-1445 LINDA A. CALDWELL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-602 BRIAN K. CALDWELL, Defendant CIVIL ACTION - LAW : IN CUSTODYIDIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER S330Hc} OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities. DATE: ?/.j / -{J L/ J )7. /( /) /} 1 /' , ;2/t~ /1.LC-Jctaeti!. vt.inda A. Caldwell c~ ...., () , " ~:...~ -11 ,-. .-, -j' , 11 .,., <. . V:" ., I i-; 0J "~ (~; - , ., ~;:i , .' ( ~. .:,1"1 >.. ( ,..) - r- ", ,., Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA A. CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-602 BRIAN K. CALDWELL, Defendant CIVIL ACTION - LAW IN CUSTODYIDIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February II, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ?f! I ~t;o 1 -;6...:: ~eC~ Brian K. Caldwell .....,... (.~ ..., " , ..:..:: :,;.. -.<., '.. .~ (-, .-:1 ~:~~\:;.\ . : ~ . .JI<.~ : ..:i ; t":~ ',in -:1 .'. ~ C:I -,1 ( ""; ~ ..0 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA A. CALDWELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04-602 BRIAN K. CALDWELL, Defendant : CIVIL ACTION - LAW : IN CUSTODYIDIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~30Hcl 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verifY that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ~904 relating to unsworn falsification to authorities. DATE: r~~y -:?5 ~ ~c&4~ Brian K. Caldwell , , ,-, L':' / -.. ~ ~. ......, .:.:.~ ..:~: ":.- ~_. " ."-:. ..-1 ~. r"j -I - ~ . r-- .~;"{ :.:.:~1 '" c..:.:. .. .. ~ .... ..,.., .;; ('-, "..1"" -5, r..": -. ... .:". ,.c:. ._'~~ Barbara Swnple-Sullivan, Esquire Supreme CoUrt #32317 549 Bridge Slreet New Cumberland, PA 17070 (717)774-1445 LINDA A. CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-602 BRIAN K. CALDWELL, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation, to the court for entlY of a divor.:e decree: I. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. 2. Date and manner of service of the complaint: United States Mail, Certified Mail, Restricted Delivery on February 17,2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff August 11, 2004; by Defendant August 7, 2004. 4. Related claims pending: All matten have been resolved punuant to the Marital Settlement Agreement reached by the parties dated August 11, 2004 and incorporated, but not merged, into the Decree. See paragraph 5, page 4 of the Agreement. 5. Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: August 18, 2004. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with ProthonotalY: August 18, 2004. Dat!:d. August 18,2004 ,/ 4s"~s~~Wre 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney for Plaintiff .' .. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 LINDA A. CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-602 BRIAN K. CALDWELL, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certifY that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Mark T. Silliker, Esquire 5922 Linglestown Roa Harrisburg, Pa 17 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court 1.0. #32317 Attorney for Plaintiff DATED: August 18,2004 ~ ... r~.! ......, ,- , ~..~) , ~-~~ I h~.. :-,:1 I 11 - I ~ <, ) i.... ,"r!":;) , - '-- , , s";.' " , -.' , -; , , .~ r ., , ..) -.i ,> ~"'-- .' '-c' IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY STATE OF LINDA A. CAIDWELL, Plaintiff VERSUS BRIAN K. CAIDWELL, Defendant PENNA. No. 04-602 DECREE IN DIVORCE AND NOW, <:'. ~Lrr ") LINDA A. CAIDWELL DECREED THAT 2004 , IT IS ORDERED AND , PLAINTIFF, AND BRIAN K. CAIDWELL , 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; All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated August 11, 2004 and incorporated, but not merged. into the Decree. . . . . J. . . ~~/r.>~ ~ ~ /~"r'" ~u, h~. r-'~ ~ - ~ ;.> '1- <'>~r.E ,.}!). ..a.4" ~!p rv #! ~"6 .. .~ ":';. .. ~. r;- .-. . ~ - LINDA A. CALDWELL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-602 BRIAK K. CALDWELL, Defendant CIVIL ACTION - LA W IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER " WHEREAS, this Court has jurisdiction over Plaintiff and Defendanl and the subject matter of this Order pursuant to 23 Pa.C.S. Section 3502; and WHEREAS, Plaintiff, Defendanl, 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. ("ERISA"); and, WHEREAS, Plaintiff and Defendant have stipulated that the Court enter this Order; and NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) Participant shall mean whose current address is who was born on whose Social Security number is Linda A. Caldwell 804 Lisburn Road Camp Hill, PA l7011 October 19, 1963 176-60-3426 (b) Alternate Payee shall mean whose current address is Brian K. Caldwell who was born on whose Social Security number is 206 Dominican Way Zelienople, P A 16063 December 23, 1962 211-54-7003 (c) Plan shall mean PTC CUST SEP IRA FBO Linda A. Caldwell Account number 1798-8148 (d) Plan Custodian shall mean Linsco/Private Ledger Retirement Accounls P.O. Box 509045 San Diego, CA 92150-9045 2. The Alternate Payee is the Former Spouse 3. Participanl and Alternate Payee were married on February 16, 1985 A Decree in Divorce was entered on September 2, 2004 4. The Alternate Payee's interest in the Plan shall be: Ten Thousand Dollars ($10,000.00) as of the liquidation date. 5. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that Ihe Order is determined to be a QDRO. 6. The Plan Custodian of the plan shall pay over and deliver to Linsco/Private Ledger for deposit into the account owned by the Alternate Payee, being PTC CUST SEP IRA FBO Brian K. Caldwell, account number 1798-3102, a single payment in Ihe amount ofTen Thousand Dollars ($10,000). Alternate Payee's assigned benefit shall be subject to earnings and losses after the deposit of the single payment ofTen Thousand Dollars ($10,000) into his separate account. Said account is an IRA savings account and is therefore not subject to penalties or taxes resulting as a consequence of the transfer from Participanl's Linsco/Private Ledger IRA 10 Alternate Payee's Linsco/Private Ledger IRA. 7. The parties shall cause an original Court -certified or lrue copy of this Order to be served on the Plan Custodian's agent, Kenneth Fry, Account Executive, 1027 Mumma Road, W ormlysburg, PAl 7043. This Order shall remain in effect until further Order of this Court. 8. Nothing in the Order shall be construed to require any Plan or Plan Custodian: (a) to provide the Alternate Payee any type or form of benefit or oplion not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to Ihe Alternate Payee that are required to be paid to another Alternale Payee under another Order, which has been determined to be a QDRO, before this Order is determined to be a QDRO. 9. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the evenl that Ihe Plan Custodian inadvertently pays to the Participant any benefits that are assigned to tbe Alternate Payee pursuant to [he terms of this Order, ,he Participant shall forthwith return such benefils to the Plan. In the event that the Plan Cuslodian inadvertently pays 10 the Alternale Payee any benefils Ihat are not assigned to the Alternate Payee pursuant to the terms of Ihis Order, the Alternate Payee shall forthwith return such benefits to the Plan. 10. 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 and enforcing this Domestic Relations Order. It is so Ordered, this day of ,2005. BY THE COURT: J. Approved to form and content: ,(( -: .' /) :ft &;,? /. ? ,,'/:,./ .::-: / .' ' , 1!;l'dY , , Brian K. Caldwell, Alternate Payee /~/ i Barbara umple-Sullivan, Esquire ( 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Altorney for Plaintiff/Participant ark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, P A 17112 (717) 671-1500 Attorney for Defendant, Alternate Payee LINDA A. CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-602 BRIAK K. CALDWELL, Defendant CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the Movant/Defendant, Brian K. Caldwell, by and through his attorney Mark T. Silliker, Esquire and respectfully requests this Honorable Court enter the attached Qualified Domestic Relations Order as an Order of Court, and in support thereof, avers the following: I. The parties hereto are former husband and wife, having been married on February 16, 1985, and a Decree in Divorce having been entered on September 2, 2004. 2. Pursuant to the terms of the parties' Marriage Settlement Agreement dated August II, 2004, the parties agreed that Defendant is entitled to $10,000 from Plaintiffs PTC CUST SEP IRA, Account number 1798-8148. 3. The parties have executed and approved of the form and content of the Qualified Domestic Relations Order attached hereto. WHEREFORE, Defendant respectfully requests this Honorable Court enter the attached Qualified Domestic Relations Order as an Order of this Court. Dated: i /I ! C'~ Respectfully submitted, ~- ~ T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 ID No. 33671 Attorney for Defendant /~, .......... i\ '-."'; ',j . C~': :'" ..,. " ^y fEBi 7 ?On\p"- LINDA A. CALDWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-602 BRIAK K. CALDWELL, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Plaintiff and Defendant and the subject matter of this Order pursuanl to 23 Pa.C.S. Section 3502; and WHEREAS, Plaintiff, Defendant, 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. ("ERISA"); and, WHEREAS, Plaintiff and Defendant have stipulated Ihat the Court enler this Order; and NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) Participant shall mean whose current address is Linda A. Caldwell 804 Lisburn Road who was born on whose Social Security number is Camp Hill, PA 17011 October 19, 1963 176-60-3426 .... .; , whose Social Security number is Brian K. Caldwell 206 Dominican Way Zelienople, PA 16063 December 23, 1962 211-54-7003 (b) Alternate Payee shall mean whose current address is who was born on (c) Plan shall mean PTC CUST SEP IRA FBO Linda A. Caldwell Account number 1798-8148 (d) Plan Custodian shall mean Linsco/Private Ledger Retirement Accounts P.O. Box 509045 San Diego, CA 92150-9045 2. The Alternate Payee is the Former Spouse 3. Participant and Alternate Payee were married on February 16, 1985 A Decree in Divorce was entered on September 2, 2004 4. The Alternate Payee's interest in the Plan shall be: Ten Thousand Dollars ($10,000.00) as of the liquidation date. 5. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum as soon as administratively feasible following the date that the Order is determined to be a QDRO. 6. The Plan Custodian of the plan shall pay over and deliver to Linsco/Private Ledger for deposit into the account owned by the Alternate Payee, being PTC CUST SEP IRA FBO Brian K. Caldwell, account number 1798-3102, a single payment in the amount ofTen Thousand Dollars ($10,000). Alternate Payee's assigned benefit shall be subject to earnings and losses after the deposit of the single payment ofTen Thousand Dollars ~: , ($10,000) into his separate account. Said account is an IRA savings account and is therefore not subject to penalties or taxes resulting as a consequence of the transfer from Participant's Linsco/Private Ledger IRA to Alternate Payee's Linsco/Private Ledger IRA. 7. The parties shall cause an original Court-certified or true copy ofthis Order to be served on the Plan Custodian's agent, Kenneth Fry, Account Executive, 1027 Mumma Road, Wormlysburg, PA 17043. This Order shall remain in effect until fmiher Order of this Court. 8. Nothing in the Order shall be construed to require any Plan or Plan Custodian: (a) to provide the Alternate Payee any type or form of benefit or option not otherwise available to the Participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to the Alternale 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. 9. Neither Party shall accept any benefils from the Plan which are the property of the other Party. In the event that the Plan Custodian inadvertently pays to the Participant any benefits that arc assigned to the Altemate Payee pursuant to [he terms of this Orucr, ,he Participant shall forthwith return such benefits to Ihe Plan. In the event that the Plan Custodian 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 relurn such benefits to the Plan. 10. 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 and enforcing this Domestic Relations Order. It is so Ordered, this '2.'<, l ~ day of FtC. ,2005. BY THE COURT: I .' L0/~ J. Approved to form and content: /7fl~ U (lcld~t c1Ipl VLinda A 9~1l, Participanl , / ,/ ({ --.:::~--. .<,;:;;; - /)53Ibara umple-Sullivan, Esquire ( 549 Bridge Slreel New Cumberland, P A 17070 (717) 774-1445 Attorney for P1ainti ff/Participant rk T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 Atlorney for Defendant, Alternate Payee