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HomeMy WebLinkAbout08-5007LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Michael R. Line 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 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, Domestic Relations Section, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 S BEDFORD STREET CARLISLE, PA 17413 (717) 249-3166 For Petitioner e7 Address: 14 ZO Jl r'i 7cxs7 Telephone: 7/7 w 9" . LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. ( - 516 O ? Ci 4t/0% Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW COMES, the Plaintiff, LuAnn B. Line, by FILING PRO SE, who files this Complaint in Divorce a statement of which is as follows: 1. The Plaintiff is LuAnn B. Line, an adult individual currently residing at 5 Peach Tree Lane, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Plaintiff s Social Security Number is 207-54-8740 3. The Defendant is Michael R. Line, an adult individual currently residing at 5 Peach Tree Lane, Boiling Springs, Cumberland County, Pennsylvania, 17007. 4. Defendant's Social Security Number is 173-38-7479 5 The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 6. The Plaintiff and Respondent were married on September 24, 1983, in Carlisle, Cumberland County, Pennsylvania. 7. There are three children born of this marriage, Sara Jane Line on August 18, 1984, Bethany Ann Line on July 3, 1987, and Robert Michael Line on May 11, 1991. 8. There have been no prior actions of divorce or for annulment between the parties. 9. Plaintiff and Defendant are both citizens of the United States of America. 10. Neither party is a member of any branch of military. .-% ,f- w 11. The Plaintiff has been advised of the availability of counseling and she understands that she may request that the Court require the parties to participate in counseling, but avers that she does not require marriage counseling. 12. The Plaintiff avers that the marriage is irretrievably broken. 13. The Plaintiff, LuAnn B. Line, respectfully requests this Honorable Court to grant this Divorce pursuant to Section 3301 (c), or in the alternative, Section 3301 (d) of the Divorce Code. Respectfully submitted, 4??? (? LuAnn B. Line 5 Peach Tree Lane Boiling Springs, PA 17007 (717) 258-5124 LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF COUNSELING 1. 2. 3. 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. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. LuAnn B. Line LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE VERIFICATION I verify that the statements made in the Complaint are true and correct. I understand that false statements made herein are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. LuAnn B. Line Dated: X- ;j}- 6S-,- 3 LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF: Before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally appeared LuAnn B. Line, who being duly sworn according to law, deposes and says that the facts contained within the foregoing Complaint in Divorce are true and correct to the best of her knowledge, information, and belief, and that she is authorized to make this Affidavit. Z- ? (?o Name Sworn to and subscribed before me this V I day of , 2008. NOTARY PUBLIC cOMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHRYN E. BERILLA, Notary Pubfic Boro of Carlisle Cumberland Coun fly Commission lacp?res Oct. 20, 201 G '? Cr> r rW ? W` " J LuAnn B. Line IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V NO. 05r - 57C O-7 Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE MARITAL PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this /5' day of hJP-k2008, between PLAINTIFF, LuAnn B. Line, residing at 5 Peach Tree Lane, Boiling Springs, Pennsylvania, 17007, hereinafter called "Wife," and DEFENDANT, Michael R. Line, residing at 5 Peach Tree Lane, Boiling Springs, Pennsylvania, 17007, hereinafter called "Husband." WITNESSETH WHEREAS, the parties were married on: September 24,1983; WHEREAS, the parties filed for 3301(c) Divorce on: August 25, 2008 WHEREAS, the parties hereto desire to settle their property rights: WHEREAS, both parties agree to relinquish any and all claims which either may have against any property now owned or belonging to the other or which may hereinafter be acquired by either of them by purchase, gift, devise, bequest, inheritance, or otherwise, except as to the obligations, covenants, and agreements contained herein: and, WHEREAS, both parties each have had opportunity to seek the benefit of competent and independent legal advice by separate counsel. NOW, THEREFORE, the parties, intending to be legally bound, do covenant, and agree as follows: 1. INCORPORATION OF RECITALS The recitals on Page 1 of this Agreement are incorporated herein as if set forth in full. Each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 2. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 3. PROPERTY TO BE RETAINED BY WIFE. Husband and Wife agree that, unless otherwise indicated in this agreement, the Wife shall keep all of her own personal clothing and effects; and that the following property shall also be retained by the Wife: 2006 Toyota Highlander House at 5 Peach Tree Lane, Boiling Springs, PA Furniture at 5 Peach Tree Lane except as noted in #4. LuAnn B. Line shall claim dependent child, Robert M. Line, on income taxes. 4. PROPERTY TO BE RETAINED BY HUSBAND. Husband and Wife agree that, unless otherwise indicated in this agreement, the Husband shall keep all of his own personal clothing and effects, and that the following property shall also be retained by the Husband. Grandfather's furniture (dresser, jewelry box, small box, drawing table), dining room table, chairs, and hutch, downstairs TV, dresser in basement, Hitchcock rocker, sleigh bed, metal kitchen table, desk, roll-away- bed, sofa and chair, coffee table and end table, antique folding table, 2 door filing cabinet, fooseball table, 2 sleeping bags, barn, tools, garden tractor/snowblower, gun safe, guns, basement refrigerator. 5. DEBTS TO BE PAID BY WIFE. Husband and Wife agree that the Wife shall pay the following debts and will not at any time hold the Husband responsible for them: Home Depot Credit Card Members 1St Credit Card (32671) Student Loan (LuAnn's student loan) 6. DEBTS TO BE PAID BY HUSBAND. Husband and Wife agree that the Husband shall pay the following debt and will not at any time hold the Wife responsible for them: USAA Car Loan - will pay off car loan by 5/31/09 USAA Master Card 7. PENSION AND/OR PROFIT SHARING PLANS, BANK ACCOUNTS, STOCKS, BONDS, SECURITIES, CREDIT UNION ACCOUNTS, AND INDIVIDUAL RETIREMENT ACCOUNTS Husband and Wife distribute the respective accounts as follows: Husband (Michael R. Line) shall keep the State Pension, US Savings Bonds, and Members 1St Accounts Wife (LuAnn B. Line) shall receive the Deferred Compensation - 457(b) - account of Michael R. Line 8. REAL ESTATE Property at 5 Peach Tree Lane shall be refinanced in LuAnn B. Line's name only and LuAnn B. Line will be sole owner on Deed. Michael R. Line will vacate premises by 5/31/09. 9. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT; EXPENSES AND ALL MARITAL RIGHTS Each of the parties hereto release the other from subsequent claims for alimony, alimony pendent elite, or spousal support, except as set forth as follows: 10. JOINT DEBTS Husband and Wife warrant and certify to each other that there are no individual or joint marital obligations outstanding, other than those listed in paragraphs 5 and 6 above. 11. DIVORCE Husband and Wife agree that the marriage is irretrievably broken and will proceed with said Divorce under 23 Pa. C.A. Section 3301 (c). 12. TAX ADVICE The transfers set forth herein may result in income, inheritance, estate, and other tax consequences to the parties. The parties specifically acknowledge that no attorney involved in the negotiating or drafting of this Agreement has provided any tax advised regarding the dispositions contained herein. The parties have been advised to seek separate tax counsel RLED40IFFICE CE THE P o'T 4,! ? STAR . 2005 APR -9 PH 3: 37 G ;?tif + I N ? LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. Q ?-- 51-YO-7 Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, LuAnn B. Line, hereby verify that on 25th day of August, 2008, I served the Defendant with a true and correct copy of the Divorce Complaint by one of the following methods: (CHECK ONE) V Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the 25th day of August 2008. The return receipt signed by the Defendant is attached hereto. ( ) The Defendant was personally served with a true and correct copy of the above pleading by hand-delivering the same to the Defendant. Personal service was made at the following location and time: on the day of , 20_, at o'clock. 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. Dated: 4hzo Signature ¦ Complete 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 back of the mailpiece, or on the front if space permits. Article Addressed to: O Agent X S? dresses B. Received by (Printed Name) ery 4flclvifEL9i (-lN? ` D. Is delivery address different 1? +Q Yes If YES, enter delivery addre! w: No SSA / S 1 7C15-) 3. Service Type Certified Mail O Registered O Express Mail O Return Receipt for Merchandise O Insured Mail O C.O.D. 4. Restricted Delivery? Pft Fee) O Yes 2. Article Number Mansfer from service labeq 7007 2560 0001 0021 6731 7 3 Ps Form 3811, February 2004 Domestic Return Receipt 102595.02-M-1W U.S. Postal Service CERTIFIED MAIL,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit rq ru C3 C3 Postage r•q Certified Fee O Return Receipt Fee (Endorsement Required) C3 Restricted Delivery Fee C3 (Endorsement Required) ..A V7 Total Postage & Fees rIJ r- L O ?? n r ... i? ........ FILED-O-RCE C) F TNr I p ;t . *MAPY 2099 APR - 9 PH 3: 38 LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. C) ?- S--bc7? Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301 (c) of the Divorce Code was filed on August 20, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C.S. § 4904 relating to unsworn falsification to authorities. Dated: D / o F Defendant BLED--Ct= CE OF THE PPOP?ON'OTARY 2069 APP -9 PM 3' 38 LuAnn B. Line Plaintiff VS. Michael R. Line Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 ?(-- S5 Z 0--7 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a Divorce is granted. 3. I understand that I will not be divorced until a 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. Dated: 0 y / e) F / o I Defendant HED-€) ,µ:Ir,, OF THE FCC , 11CI OTARY 2009 APB --9 PH 3; 33 }} f?, ',1 t -r i1 LIN 1) LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. (7 ?- Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under § 3301 (c) of the Divorce Code was filed on August 20, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of Divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa C. S. § 4904 relating to unsworn falsification to authorities. Dated: 0 q l o ?-l ©? L-? Plaintiff TRLED40li= ICE 1ry OF TZ' 2009 APR --9 PM 3: 3' n r;11a. i s i 1F n LuAnn B. Line IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. C> ?/- ? 0-7 Michael R. Line CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (c) OF THE DIVORCE CODE 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 statements herein are made subject to the penalties of 18 Pa C.S. § 4904 relating to unswom falsification to authorities. Dated: 01-71,/ cy l0,9 k-"? /J 61 Plaintiff FiL E C, 13FrlCE OF THEE P,R,CC)Tr-,"';',!!TARY 2069 APR -9 PH 3: 38 i'C?.;'N.;) U r, NIA LuAnn B. Line Plaintiff vs. Michael R. Line Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 g - 6-60-7 CIVIL ACTION - LAW IN DIVORCE 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 3301 (c) 33 0 t (d" of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Service by Certified Mail, Restricted Delivery, Return Receipt Requested on August 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 4 ,Y O q ; by Defendant v,/,P/-0 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) of (b) a. Date and manner of service of the notice on intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver f Not Prothonotary: 11//9/0 in 3301 (c) Divorce was filed with the Date defendant's Waiver of otice in 3301 (c) Divorce was filed with the Prothonotary: 09 Zi--?z C? Plaintiff FILED-01i RUE OF THEE" F=37 ONIOTARY 2009 APR -9 PIN 3: 38 ;':?..'i '. D i L.?d r4 LuAnn B Line Plaintiff VS. Kichael R Line Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08-5007 QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this jL i day of , 20 p ,based on the findings set forth in I 1J items one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty-one: Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on September 24, 1983, and filed for divorce on August 25, 2008. 2. Participant Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Michael R. Line 5 Peach Tree Lane Boiling Springs, PA 17007 Social Security No.: 173-38-.7479 Date of Birth: July 7, 1954 3. Alternate Payee Information: The name, last known address, Social Security number and date of birth of the "Alternate Payee" are: LuAnn B. Line 5 Peach Tree lane Boiling Springs, PA 17007 Social Security No.: 207-54-8740 Date of Birth: July 15, 1961 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name. The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"), Any changes in Plan Administrator, Plan Sponsor, ©r name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. QDRO Page 2 5. Effect of this Order as a Qualified Domestic Relations Order. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law. This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights. This Order relates to the provisions of marital property rights between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit. This Order assigns to the Alternate Payee an amount equal to 100.00% of the Participant's total account balance accumulated under the Plan as of the date of this Order (or the closest valuation date thereto). Further, such total account balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of the Participant. Such total account balance shall be determined after the account is reduced by the outstanding balance of the Participant's account reduction loan(s), if any, as of the valuation date specified above, such that the account balance shall not include the outstanding balance of any account reduction loan(s) as of the valuation date, The obligation to repay any Participant Plan loan(s) from and after the date of this Order remains solely with the Participant, The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from the date of this Order (or the closest valuation date thereto) until the date of total segregation/distribution to the Alternate Payee, The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Unless the Alternate Payee elects an immediate distribution that is permitted by the Plan at the time this Order is submitted to, and approved by, the Plan, such benefits shall also be segregated and separately maintained in a nonforfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established in the same fund mix percentages as the Participant account. 9. Commencement Date and Form of Payment to Alternate Payee. If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or section 414(p) of the Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor payment, The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the plan.. 10. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's estate as beneficiary for death benefit purposes and . QDRO Page 3 the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee. In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 12. Death of Participant. Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefit or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; C. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any Federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under section 414(p) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under This Order. For purposes of sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate Federal income tax on such distribution. 17. Parties Responsibilities in Event of Error. In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the QDRO Page 4 Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination.. In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Notice of Pending Retirement. In the event that the terms of the Plan require the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming eligible to receive a distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following such termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in mailing address. 21. Fee. A processing fee of $250.00 shall be charged against the Alternate Payee's share of the account. r Plaintiff/Alternate Payee Date . Defendant/Participant Date r .o??d ??c. ?bb?i NOTARIAL SEAL CAMELA J MANGES Notary Public HAMILTON TWP. FRANKLIN COUNTY My Commission Expires Jun-f1, 2010 BY THE COURT: is !rd P,Y, 4z-y aaoq Apr. it, PM GLEE (x,-% 6u r I/ Penns y lva,?, t, O.ao"°9 eol" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LuAnn B. Line V. Michael R. Line NO 08-5007 DIVORCE [DECREE AND NOW, , 2 it is ordered and decreed that LuAnn B. Line plaintiff, and Michael R. Line , 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 Marital Settlement Agreement dated the 15th of November 2008, is incorporated into this Decree in Divorce. By the Court, o'q fat