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HomeMy WebLinkAbout08-66444 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHARLES A. BROPHY CIVIL ACTION - LAW Plaintiff V. CV NO. 2008- (v( 4q AMY L. BROPHY IN DIVORCE, A.V.M. Defendant. 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. All requests for marriage couseling shall be made in writing and submitted to the Cumberland County Prothonotary, at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 within twenty (20) days of the date of service. The request shall include a reference to the case docket number so the Prothonotory can identify the case. 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 South Bedford St. Carlisle, PA 17013 Ph.: 717-249-3166 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CHARLES A. BROPHY Plaintiff V. AMY L. BROPHY Defendant. CIVIL ACTION - LAW CV NO. 2008- C Y 9 ec:;d IN DIVORCE, A.V.M. COMPLAINT 1. The Plaintiff, CHARLES A. BROPHY, is an adult individual who currently resides at 201 Stonehedge Drive, Carlisle, Pennsylvania, 17015-9148. 2. The Defendant, AMY L. BROPHY, is an adult individual who currently resides at 201 Stonehedge Drive, Carlisle, Pennsylvania, 17015-9148. 3. Plaintiff and Defendant are both citizens of the United States of America and Plaintiff has been a resident of the Commonwealth of Pennsylvania for at least six (6) months prior to the institution of this action. 4. The parties were lawfully joined in marriage on September 11, 1999. 5. There is no agreement or collusion between Plaintiff and Defendant with respect to the institution of this divorce action, and there have been no prior actions of divorce or annulment between the parties. 6. There are no children born of this marriage. 7. Neither of the parties are currently members of the military service. 2 8. Plaintiff has been advised that marital counseling is available and that he may request that the Court require the parties to participate in marital counseling. 9. Plaintiff avers that the marriage is irretrievably broken and that the parties are living separately and apart. COUNT I - EQUITABLE DISTRIBUTION 10. Plaintiff and Defendant possess real property and certain items of personal property which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff requests that an Order be entered dissolving the marriage between the parties pursuant to Section 3301 (c) of the Divorce Code, and an Order equitably dividing all marital property belonging to the parties. Date: 1110612z)05? Atto fney for Plaintiff P.O. Box 352 129 Market Street Lewisburg, PA 17837 (570) 524-9229 3 VERIFICATION I, CHARLES A. BROPHY, verify that the statements made in the foregoing Divorce Complaint are true and correct to the best of my knowledge. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. CAR TEN A. BROPH Dated: / 1A ? )Od 4 ` () rv C" (7) ;?. tl ?t ) i'{ F- Q d ( r i n r ? CHARLES A. BROPHY, PLAINTIFF VS. AMY L. BROPHY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA CIVIL ACTION - LAW CV NO.2008- "Cl IN DIVORCE, A.V.M. MOTION TO SCHEDULE APL CONFERENCE AND NOW comes Amy L. Brophy by and through her Attorney, Mary A. Etter Dissinger, Esquire, and requests the court to schedule a hearing on her Petition for Alimony Pendente Lite and in support of the Motion avers as follows: 1. The Defendant in this action, Amy L. Brophy, resides at 201 Stonehedge Drive, Carlisle, PA 17015. 2. The Plaintiff is Charles A. Brophy who resides at 32 Stonehouse Road, Carlisle, PA 17015. 3. Defendant has filed for alimony pendente lite to the above caption. 4. In Defendant's Answer to the Complaint in Divorce she asked for alimony and alimony pendente lite. 5. Defendant requests the court to schedule a hearing on her request for alimony pendente lite. Respectfully Submitted, DISSINGER & DISSINGER Q-_...--, _ /? f\ . f Mary A.' Etter Dissinger, Attorney at Law Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 1717)975-2840 (717)975-3924 - fax . . CHARLES A. BROPHY, PLAINTIFF VS. AMY L. BROPHY, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : CV NO.2008- : IN DIVORCE, A.V.M. CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esquire, do hereby certify that a copy of the foregoing document has been duly served upon Michael A. Scherer, Esq., counsel for Plaintiff by depositing same in the United States Mail, postage prepaid, addressed as follows: Date: June 9, 2009 Jeffrey J. Crossland P.O. Box 352 129 Market Street Lewisburg, PA 1.7837 Mmr?f A - der Dissinger, Esq. colPY 40--M6 OF THE. P OTH!C-NOTAPY 2009 JUN -9 PM 2: 32 PENN,5YLV,f,,NI CHARLES A. BROPHY, Plaintiff VS. AMY L. BROPHY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : CV NO. 2008-1,L, ?[ : IN DIVORCE, A.V. . N O T I C E T O D E F E N D 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 i or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 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 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 CHARLES A. BROPHY, Plaintiff VS. AMY L. BROPHY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : CV NO. 2008- : IN DIVORCE, A.V.M. ANSWER TO PLAINTIFF'S DIVORCE COMPLAINT FILED NOVEMBER 10, 2008 AND NOW COMES the Defendant, Amy L. Brophy, by her attorney, Mary A. Etter Dissinger, files the following Answer and respectfully represents that: 1. Denied. It is denied that Charles A. Brophy resides at 201 Stonehedge Drive, Carlisle, Pennsylvania, 17015-9148. By way of further answer it is averred he resides at 32 Stonehouse Road, Carlisle, PA 17015. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted 7. Admitted 8. Defendant is without sufficient knowledge to admit or deny the averment and therefore same or denied of proof demanded at time hearing. I CHARLES A. BROPHY, Plaintiff VS. AMY L. BROPHY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : CV NO. 2008- : IN DIVORCE, A.V.M. ANSWER TO PLAINTIFF'S DIVORCE COMPLAINT FILED NOVEMBER 10, 2008 AND NOW COMES the Defendant, Amy L. Brophy, by her attorney, Mary A. Etter Dissinger, files the following Answer and respectfully represents that: 1. Denied. It is denied that Charles A. Brophy resides at 201 Stonehedge Drive, Carlisle, Pennsylvania, 17015-9148. By way of further answer it is averred he resides at 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted 7. Admitted 8. Defendant is without sufficient knowledge to admit or deny the averment and therefore same or denied of proof demanded at time hearing. 9. Denied. It is denied the marriage is irretrievably broken. COUNT I - EQUITABLE DISTRIBUTION 10. Admitted. COUNTERCLAIM Defendant/Counter-Plaintiff avers by way of counterclaim: COUNT II Request for Alimony Pendente Lite and Alimony under 3104, 3701, 3702 and 3704 of the Divorce Code 11. The prior paragraphs of this Answer are incorporated herein by reference thereto. 12. Defendant/Counter-Plaintiff is unable to sustain herself during the course of litigation. 13. Defendant/Counter-Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 14. Defendant/Counter-Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code. COUNT III Request for Counsel Fees, Costs and Expenses Under 3104 and 3502(a) of the Divorce Code 15. The prior paragraphs of this Answer are incorporated herein by reference thereto. 16. Defendant/Counter-Plaintiff has employed Mary A. Etter Dissinger, Esquire, of the law firm of Dissinger and Dissinger to represent her in this matrimonial cause. 17. Defendant/Counter-Plaintiff is unable to pay the necessary counsel fees, costs, and expenses and Plaintiff/Counter-Defendant is more than able to pay them. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing, Defendant/ Counter-Plaintiff requests that, after final hearing, the Court order Plaintiff/Counter-Defendant to pay Defendant/ Counter-Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant/Counter-Plaintiff demands: That Plaintiff/Counter-Defendant's Complaint be dismissed, and in the alternative: 1. That an Order be entered distributing all of the property, real and personal, as the Court may deem equitable and just, plus costs; 2. That the Court enter an award of alimony pendente lite until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to 3104, 3701, 3702 and 3704 of the Divorce Code, and 3. That pursuant to 3104 and 3502(a) of the Divorce Code, the Court enter an Order directing Plaintiff/Counter- Defendant to pay Defendant/Counter-Plaintiff's reasonable counsel fees, costs and expenses. Respectfully Submitted: DISSINGER AND DISSINGER By: Mary A. ter Dissin r Attorney for Defendant Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 (717)975-3924 - fax VERIFICATION I. Amy L. Brophy, verify that the statements made in the foregoing Answer and Counterclaim 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. Amy L. Brophy . II CHARLES A. BROPHY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION - LAW AMY L. BROPHY, CV NO. 2008- Defendant : IN DIVORCE, A.V.M. CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, do hereby certify that a copy of the foregoing Answer and Counterclaim has been duly served upon Michael A. Scherer, Esquire, attorney for Plaintiff, by depositing same in the United States Mail, postage prepaid, addressed as follows: Jeffrey J. Crossland P.O. Box 352 129 Market Street Lewisburg, PA 17837 Date: Mary Etter Dissinger Attorney for Defendant F1LF r?,"iceOINq THE ?r. ,r, OF 2089 ,Fuji -9 FM 2: 3 f CU????? . + 9`s.-?.ov - z CK--s' Z3y 3 CHARLES A. BROPHY, THE COURT OF COMMON PLE 'S OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNS LVANIA i VS. CIVIL ACTION - DIVORCE • I NO. 08-6644 CIVIL TERM AMY L. BROPHY, IN DIVORCE Defendant/Petitioner PACSES NO: 567110922 ORDER OF COURT AND NOW, this 11th day of June, 2009, upon consideration of the Petition for Alimony P ndente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before J. Shadday on July 2. 2009 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rue 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent Mary A. Etter Dissinger, Esq. Jeffrey Crossland, Esq. Date of Order: June 11, 2009 R. J. S ddav. PL Coordinator YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE Al\ REPRESENT YOU. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, C TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GI HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 a l TO OR LEGAL cc361 FILE --C: ?riC OF THE PR'^ ,'t" P't ARY 2009 JUN I I PH 2: 2 7 CHARLES A. BROPHY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-6644 CIVIL TERM AMY L. BROPHY, IN DIVORCE Defendant/Petitioner PACSES Case No: 567110922 ORDER OF COURT AND NOW, this 18th day of July 2009, based upon the Court's determination that the Petitioner's monthly net income/earning capacity is $ n/a and the Respondent's monthly net income/earning capacity is $ n/a, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Two Hundred Fifty and 00/100 Dollars ($ 250.00) per month payable monthly as follows: $ 250.00 per month for Alimony Pendente Lite and $ 0.00 per month on arrears. First payment due: in accordance with Respondent's pay schedule. The effective date of the order is June 9, 2009. Arrears set at $ 680.82 as of August 18, 2009. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Amy L. Brophy. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's name with their PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 This order is based upon the parties' Stipulaiton and Agreement attached. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney Mailed copies on: August 18, 2009 to: Petitioner Respondent Mary A. Etter Dissinger, Esq. Jeffrey J. Crossland, Esq. BY ZTCOURT, 011 Edgar B. Bayley, J. DRO: R.J. Shadday FAILEC4D r`ioE QP THE PP FH! *NOTARY 2009 AUG 18 PM 2= 41 i'E,?J v,Sa`ALVANA V. Stipulation and Agreement of the Parties for Entry of an Alimony Feendente Lite Order ,. 4, n e _ 1 Ccn, y ??? ?rr?v f.Y ti 4 r CHARLES A. BROPHY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - LAW AMY L. BROPHY, : CV NO. 2008- 6644 Defendant : IN DIVORCE, A.V.M. QUALIFIED DOMESTIC RELATIONS ORDER The Court finds the parties have agreed that a Qualified Domestic Relations Order (QDRO) shall issue with respect to Charles A. Brophy's retirement plans (Plans) through the Board of Pensions of the Evangelical Lutheran Church in America (ELCA). THEREFORE IT IS ORDERED as follows: A. Generally 1. Participant belongs to the following Plan(s) sponsored by the ELCA: V ELCA Retirement Plan ELCA Master Institutional Retirement Plan ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society 2. This Order applies to all of the Participant's benefits in the following Plan(s): ELCA Retirement Plan ELCA Master Institutional Retirement Plan ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society The plans are retirement income accounts as defined in the Internal Revenue Code (Code) §403(b)(9) The Participant's benefits in the Plans are subject to this Order. OF B. Facts Participant's name and address Charles A. Brophy 21 South Bedford Street Carlisle PA 17013 2. Participant's Social Security Number 188-38-8349 3. Alternate Payee's name and address Amy L. Brophy 201 Stonehed2e Drive. Carlisle. PA 17015 4. Alternate Payee's Social Security Number 190-42-8191 5. Alternate Payee's relationship to Participant Wife or former Wife 6. Alternate Payee's date of birth 11/3/1953 7. Proceeding serving as the basis of this Order Separation and Divorce (divorce, permanent separation, dissolution etc.) 8. Effective date of divorce (if applicable C. Retirement Benefits Awarded to the Alternate Payee Effective property of Alternate Payee: the Court awards and assigns as the sole and separate $40,000.00 of Participant's retirement account balance, together with interest, earnings, gains, or losses on said balance as of the last valuation date preceding the assignment. The ELCA Board of Pensions will segregate, transfer, and maintain the benefits assigned to the Alternate Payee as a separate account in the Alternate Payee's name. Subsequent interest, earnings, gains, or losses on this balance will be credited and paid to the Alternate Payee. D. Retirement Benefits Awarded to Participant and Alternate Payee. As of the effective date of this Order, the Participant retains all benefits accrued under the Plan that are not assigned to Alternate Payee. Subsequent interest, earnings, gains or losses on this balance will be credited to the Participant. E. Benefit Payments - General Information 1. The term "benefit" may include retirement benefits, death benefits, and/or r survivor benefits. 2. The benefits assigned to the Participant and Alternate Payee will be paid pursuant to the terms and conditions of the Plans and applicable law, at the time payments commence. 3. The Alternate Payee is eligible to receive payment of the benefit assigned under this Order on the earliest date the benefit could be paid to the Alternate Payee under the Plans; notwithstanding the Participant's continued participation in the Plans or the accrual of additional benefits. The Alternate Payee is not eligible to receive benefit payments prior to the first of the month coincident with or following the date that the ELCA Board of Pensions determines this Order is a QDRO. 4. The Court directs the ELCA Board of Pensions to issue separate checks to the Participant, Alternate Payee, or their designated beneficiaries (if applicable), for their respective interests in the Plans. 5. Upon full payment of benefits assigned to the Alternate Payee, the ELCA Board of Pensions and the Plans will be discharged from all responsibility, obligation, and duty to the Alternate Payee. 6. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide benefits or payments in types, forms or options not available under the Plans. The Participant and Alternate Payee must apply for the payment of benefits in the manner prescribed by the ELCA Board of Pensions. 7. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide benefits to an Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined by the ELCA Board of Pensions to be a QDRO. 8. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide increased benefits (determined on the basis of actuarial value) to the Participant and Alternate Payee. While the ELCA plans are exempt from the Code (because they are "Church Plans" within the meaning of Code §414(e) and ERISA §3(33)), the Plans have adopted provisions similar to those set forth in v Code §414(p). G. Alternate Payee's Right to Information The Alternate Payee will have the same right as any other participant in the Plans to request copies of the plan documents maintained by the ELCA Board of Pensions regarding the benefits assigned to the Alternate Payee. H. Communication The Participant and Alternate Payee will advise the ELCA Board of Pensions of any changes in their mailing address. All communications with the ELCA Board of Pensions must be addressed as follows: Service Center Board of Pensions Evangelical Lutheran Church in America 800 Marquette Avenue, Suite 1050 Minneapolis, MN 55402-2892 I. Jurisdiction The Court expressly reserves jurisdiction to supervise, interpret, and enforce the division of benefits awarded or assigned under this Order. IT IS SO ORDERED: Dated: Judge: Agreed to this day of , 2010. az 4 &?? I/ ? il ?'Z? Husband Je y J Crossland, Esquire 61mq C? Wife J Mary A. Etter Dissinger, Esquire THE PROTHCIN"ITAf7i,' CHARLES A. BROPHY, Plaintiff VS. AMY L. BROPHY, Defendant I Q DEC 21 AM 10 2 CUMBERLAND COUNTY PENNSYLVANIA : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION - LAW : CV NO. 2008- 6644 : IN DIVORCE, A.V.M. MOTION TO ENTER QUALIFIED DOMESTIC RELATIONS ORDER And now comes Mary A. Etter Dissinger, Esq., counsel for Amy L. Brophy and requests this Court to enter and sign a Qualified Domestic Relations Order in the form attached as Exhibit A and in support of the Motion avers as follows: 1. The parties have entered into a comprehensive Marital Settlement Agreement filed with this Court simultaneously with the filing of this Motion, said Agreement dated November 4, 2010. 2. The parties have also signed a proposed Qualified Domestic Relations Order attached as Exhibit A for the purpose of having it entered as a Court Order in order to transfer benefits from one party to the other. 3. In the Qualified Domestic Relations Order, the effective date needs to be entered in Paragraph C, and the effective date should be the date on which the Court enters said Order. 4. Counsel for Plaintiff has been advised of the intention to file this Motion and concurs with said filing. Respectfully Submitted, Mary Etter Dissinge-f''"' Attorney for Plaintiff Supreme Court ID 27736 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 (717) 975-3924 - fax CHARLES A. BROPHY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - LAW AMY L. BROPHY, : CV NO. 2008- 6644 Defendant : IN DIVORCE, A.V.M. QUALIFIED DOMESTIC RELATIONS ORDER The Court finds the parties have agreed that a Qualified Domestic Relations Order (QDRO) shall issue with respect to Charles A. Brophy's retirement plans (Plans) through the Board of Pensions of the Evangelical Lutheran Church in America (ELCA). THEREFORE IT IS ORDERED as follows: A. Generally Participant belongs to the following Plan(s) sponsored by the ELCA: X. ELCA Retirement Plan ELCA Master Institutional Retirement Plan ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society 2. This Order applies to all of the Participant's benefits in the following Plan(s): X. ELCA Retirement Plan ELCA Master Institutional Retirement Plan ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society The plans are retirement income accounts as defined in the internal Revenue Code (Code) §403(b)(9) The Participant's benefits in the Plans are subject to this Order. B. Facts 1. Participant's name and address Charles A. Brophy 21 South Bedford Street, Carlisle. PA 17013 Participant's Social Security Number 188-38-8349 Alternate Payee's name and address Amy L. Brophy 201 Stonehedge Drive. Carlisle. PA 17015 4. Alternate Payee's Social Security Number 190-42-8191 5. Alternate Payee's relationship to Participant Wife or former Wife 6. Alternate Payee's date of birth 11/3/1953 7. Proceeding serving as the basis of this Order Separation and Divorce (divorce, permanent separation, dissolution etc.) 8. Effective date of divorce (if applicable) C. Retirement Benefits Awarded to the Alternate Payee Effective property of Alternate Payee: the Court awards and assigns as the sole and separate 1. $40,000.00 of Participant's retirement account balance, together with interest, earnings, gains, or losses on said balance as of the last valuation date preceding the assignment. The ELCA Board of Pensions will segregate, transfer, and maintain the benefits assigned to the Alternate Payee as a separate account in the Alternate Payee's name. Subsequent interest, earnings, gains, or losses on this balance will be credited and paid to the Alternate Payee. D. Retirement Benefits Awarded to Participant and Alternate Payee. As of the effective date of this Order, the Participant retains all benefits accrued under the Plan that are not assigned to Alternate Payee. Subsequent interest, earnings, gains or losses on this balance will be credited to the Participant. E. Benefit Payments - General Information 1. The term "benefit" may include retirement benefits, death benefits, and/or survivor benefits. 2. The benefits assigned to the Participant and Alternate Payee will be paid pursuant to the terms and conditions of the Plans and applicable law, at the time payments commence. The Alternate Payee is eligible to receive payment of the benefit assigned under this Order on the earliest date the benefit could be paid to the Alternate Payee under the Plans; notwithstanding the Participant's continued participation in the Plans or the accrual of additional benefits. The Alternate Payee is not eligible to receive benefit payments prior to the first of the month coincident with or following the date that the ELCA Board of Pensions determines this Order is a QDRO. 4. The Court directs the ELCA Board of Pensions to issue separate checks to the Participant, Alternate Payee, or their designated beneficiaries (if applicable), for their respective interests in the Plans. 5. Upon full payment of benefits assigned to the Alternate Payee, the ELCA Board of Pensions and the Plans will be discharged from all responsibility, obligation, and duty to the Alternate Payee. 6. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide benefits or payments in types, forms or options not available under the Plans. The Participant and Alternate Payee must apply for the payment of benefits in the manner prescribed by the ELCA Board of Pensions. 7. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide benefits to an Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined by the ELCA Board of Pensions to be a QDRO. 8. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide increased benefits (determined on the basis of actuarial value) to the Participant and Alternate Payee. While the ELCA plans are exempt from the Code (because they are "Church Plans" within the meaning of Code §414(e) and ERISA §3(33)), the Plans have adopted provisions similar to those set forth in Code §414(p). G. Alternate Payee's Right to Information The Alternate Payee will have the same right as any other participant in the Plans to request copies of the plan documents maintained by the ELCA Board of Pensions regarding the benefits assigned to the Alternate Payee. H. Communication The Participant and Alternate Payee will advise the ELCA Board of Pensions of any changes in their mailing address. All communications with the ELCA Board of Pensions must be addressed as follows: 1. Jurisdiction Service Center Board of Pensions Evangelical Lutheran Church in America 800 Marquette Avenue, Suite 1050 Minneapolis, MN 55402-2892 The Court expressly reserves jurisdiction to supervise, interpret, and enforce the division of benefits awarded or assigned under this Order. IT IS SO ORDERED: Dated: Judge: Agreed to this day of , 2010. Husband Wife I' I Je r . J. Cio'ssland, Esquire Mary A. Etter Dissinger, Esquire CHARLES A. BROPHY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA VS. : CIVIL ACTION - LAW AMY L. BROPHY, : CV NO. 2008- 6644 Defendant : IN DIVORCE, A.V.M. CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, Esq., do hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the person below listed, by facsimile, addressed as follows: Jeffrey J. Crossland P.O. Box 352 129 Market Street Lewisburg, PA 17837 Date: 02/? o /( ?= G .? '1?I ry A. Etter Dissinger, Esq. C. aaGa ?(a ?/ y C HE AGREEMENT : C?JMBER! v-1jo r ', f J?'_ ? AGRLtdijl'?''; `tiffs day of-?ry??,?_ 2010, by and between Charles A. Brophy ("Husband"), of Cumberland County, Pennsylvania and Amy L. Brophy ("Wife") of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto are Husband and Wife, having been married on the 11th day of September, 1999 in Snyder County, Pennsylvania. There were no children born of this marriage. The parties have no other issue, living or deceased, and have no adopted children. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties and as a result they have lived separate and apart since January 2009. A proceeding for the divorce of the parties has been filed by Charles A. Brophy in the Court of Common Pleas of Cumberland County, Pennsylvania, on November 10, 2008, No. 2008-6644. It is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony pendente lite, alimony and/or maintenance of Wife by Husband and of Husband by Wife; and possible claims by one against the other and against their respective estates. NOW THEREFORE, in consideration of the above recitals and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS Husband and Wife agree that Husband shall promptly secure and finalize a "No-Fault" divorce based upon irretrievable breakdown of their marriage, as soon as practicable after execution of this Agreement. Husband and Wife have executed their respective Affidavits of Consent and Waivers of Notice this date. They further agree to execute any and all other documents necessary under existing Rules of Pennsylvania Civil Procedure and local Rules of the Court of Common Pleas of Cumberland County, Pennsylvania, in order to allow Husband to file all such documents in the Court of Common Pleas of Cumberland County, Pennsylvania. Neither Husband nor Wife shall either directly or indirectly permit the withdrawal of their respective Affidavits of Consent or any and all other documents executed by Husband and Wife subsequent to the execution of the documents. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. INCORPORATION OF AGREEMENT IN DIVORCE DECREE The purposes of this Agreement are to effect a complete and final settlement, with reference to each party of: -2- a. All of the respective property and property rights of the parties, b. The obligation of each party for the support of each other, and the parties agree that the terms of this Agreement shall be incorporated but not merged into any final divorce decree which may be entered with respect to them. 4. AGREEMENT NOT TO BE MERGED This Agreement shall be incorporated into the final decree of divorce of the parties hereto for purposes of enforcement only, but otherwise shall not be merged into said decree. The terms shall be incorporated into the final divorce decree for the purpose of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provisions of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony pendente lite, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of the parties. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. -3- 5. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE The transfer of property, funds and/or documents provided for herein shall only take place on the "distribution date" which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the alimony pendente lite payments provided for in this Agreement shall take effect as set forth in this Agreement. 7. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 8. ADVICE OF COUNSEL The provisions of the Agreement and their legal effect have been fully explained to the parties by their respective counsel, Mary A. Etter Dissinger, Esquire, attorney for Wife, and Jeffrey J. Crossland, Esquire, attorney for Husband. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such -4- advice and with such knowledge, and the parties acknowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code of 1980, 23 P.S. Section 101 et. seq., whereby the Court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to have the Court of Common Pleas of Cumberland County, or any other Court of competent jurisdiction, make any determination or order affecting the respective parties' rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation, or any other rights arising from the parties' marriage. 9. REAL ESTATE a. The marital residence situate at 201 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, (herein referred to as "Residence"), presently owned by Husband and Wife shall be marketed by the parties. The parties acknowledge having already signed a sales agreement for the sale of the residence and closing is expected to occur within the coming weeks. By signing this agreement Wife and Husband agree that the Lender to whom the mortgage on the marital residence is paid shall, upon settlement, -5- pay any escrowed funds solely to Husband. If the funds are paid jointly to Husband and Wife, Wife shall endorse the funds over to Husband. Any proceeds from the sale of the marital residence are the sole and exclusive property of Husband. b. Husband has assumed and shall be responsible solely for all expenses associated with the residence including the mortgage, taxes, insurance, and all utilities. Husband agrees to and shall hold Wife harmless from all such liabilities including any claims for attorney's fees or legal expenses, that he may sustain or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, Husband's default or any default with regard to any expenses or mortgage payments which will or would result in any action with reference to said premises. C. Husband shall retain all tax deductions associated with this residence and/or mortgage payments. 10. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have agreed on a division of their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property and hereafter Wife agrees that all of property in the possession of Husband shall be the sole and separate property of Husband, and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. a. Husband shall transfer $40,000 from his 403(b) to another 403(b) account to be maintained by his employer for the benefit of Wife under the same terms and conditions under which his benefit is held. In the event that it is necessary to prepare -6- a Qualified Domestic Relations Order to facilitate the transfer, Wife shall pay the cost for preparation and finalization of the Qualified Domestic Relations Order. Each party waives any claims they may have to any other pension, retirement and/or profit sharing plans or other retirement benefits of the other. 11. MOTOR VEHICLES With respect to the motor vehicles owned by one or both of the parties, they agree as follows: a. The 2004 Toyota Corolla shall become the sole and exclusive property of Wife. Husband has paid off the Toyota Corolla and shall provide proof of payment to Wife. b. The 1996 Toyota Camry shall become the sole and exclusive property of Husband. Wife waives any rights to any vehicles acquired by Husband by virtue of trading in the Camry. The titles to said motor vehicles shall be executed by the parties as necessary once the titles become available for actual transfer. 12. CREDIT CARDS The parties warrant that they have returned each to the other any charge cards, if any, in the name of the other party and each party agrees not to charge any expenses in the name of the other party. Each party represents and warrants that all jointly held accounts have been closed. From the date of execution of this Agreement, each party shall use only those cards and accounts for which that party is individually liable. Each party agrees to save and hold harmless and indemnify the other from any liability on any credit card debt assumed by him or her. -7- 13. LIABILITY NOT LISTED Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than those described in this Agreement, for which the party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. 14. INDEMNIFICATION OF WIFE If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Wife in connection therewith. 15. INDEMNIFICATION OF HUSBAND If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and attorney's fees incurred by Husband in connection therewith. 16. ALIMONY -8- From September 1, 2010, Husband shall pay to Wife through the Cumberland County Domestic Relations Office alimony pendente lite in the monthly amount of $850.00 per month as alimony until Wife reaches age 62. Alimony shall not be modifiable for changes in Wife's income. Alimony shall not be modifiable if she cohabits with another unless she has an intimate relationship or sexual relationship with that person and in that event, alimony ceases. Alimony will cease upon Wife's remarriage. As an additional requirement of the alimony, Husband will name Wife his irrevocable beneficiary of his life insurance policy with Genworth Life Insurance Company until she reaches age 62, the amount of her insurance benefit to be calculated at the rate of $850.00 per month from the date of execution of this agreement until Wife's 62nd birthday. The amount of the lump sum insurance benefit payable to Wife will reduce by $850.00 monthly until she reaches age 62 at which time Husband shall be able to remove her as the beneficiary if he so elects. Until the divorce is final, Husband shall continue to cover Wife on his health insurance plan. Upon request by Wife, but no more frequently than once every three months, Husband shall provide Wife with proof of the status of his life insurance policy. 17. TAX RETURNS AND AUDITS Husband and Wife represent that all federal, state and local tax returns required to be filed by Husband and Wife have been filed, and all federal, state and local taxes required to be paid with respect to the periods covered by such returns are paid. Husband and Wife further represent there are no tax deficiencies proposed or assessed against Husband and/or Wife for such periods, -9- and neither Husband nor Wife executed any waiver of the Statute of Limitations on the assessment or collection of any tax for such periods. 18. TADS FOR YEAR OF DIVORCE Husband agrees to be liable and obligated and shall timely pay and hold Wife and her property harmless from any liability of Husband for federal income tax (including penalties and interest) as shown on his separate United States individual income tax return for the tax years 2008, 2009 and every year thereafter. Wife agrees to be liable and obligated and shall timely pay and hold Husband and his property harmless from any liability of Wife for federal income tax (including penalties and interest) as shown on her separate United States individual income tax return for the tax years 2008, 2009 and every year thereafter. 19. INCOME TAX CONSIDERATIONS The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equitable division of marital property for full and adequate consideration and as such will not result in any gift tax liability. 20. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of divorce all financial records relating to the marital estate, and each party will give the other party immediate access to these records in the event of tax audits. -10- 21. AFTER-ACQUIRED PERSONAL PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 22. LEGAL FEES Each party will be responsible for their respective counsel fees and costs involved in securing a 90-day no-fault divorce to be instituted by Husband as Plaintiff. In the event, for whatever reason, either party fails or refuses to execute an affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent any breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 23. WARRANTY AS TO EXISTING OBLIGATION Each party represents that he or she has not heretofore incurred or contracted any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them including those for necessities except for the obligations arising out of this Agreement. -11- 24. WARRANTY AS TO FUTURE OBLIGATIONS Except as set forth in this Agreement, Husband and Wife each represents and warrants to the other that he or she has not in the past or will not at any time in the future incur or contract any debt, charge or liability for which the other's legal representatives, property or estate may be responsible. Each hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever incurred in the event of breach hereof. 25. MUTUAL RELEASES Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by law of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; 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 other state, Commonwealth or territory of the United States, or any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of -12- the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision of this Agreement. 26. PERSONAL RIGHTS Wife and Husband may and shall at all times hereafter live separate and apart. Each shall be free from any control, restraint, interference or authority, whether direct or indirect, by the other in all respects as fully as if he or she were unmarried. Each may also reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Each party hereto releases the other from all claims, liabilities, debts, obligations, actions and causes of action of every kind that have been or will be incurred relating to or arising from the marriage between the parties, except that neither party is relieved or discharged from any obligation under this Agreement. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 27. GENERAL PROVISIONS This Agreement shall be effective from and after the time of its execution. 28. WAIVER OR MODIFICATION TO BE IN WRITING No modification, rescission, amendment or waiver of any of the terms hereof shall be valid unless in writing and signed by -13- both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Any oral representations or modifications concerning this instrument shall be of no force or effect excepting a subsequent modification in writing, signed by the party to be charged. 29. MUTUAL COOPERATION Each party shall on demand execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. 30. LAW OF PENNSYLVANIA APPLICABLE This Agreement and all acts contemplated by it shall be construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania. 31. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations other than those expressly set forth herein. 32. ENTIRE AGREEMENT Each party acknowledges that he or she has carefully read this Agreement, including all Schedules and other documents to -14- which it refers; that he or she has discussed its provisions with an attorney of his or her own choice, or has waived the opportunity to do so, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover. 33. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith, and within ten (10) days after demand therefore, execute 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. 34. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall it be constructed as a waiver of strict performance of any obligations herein. 35. SEVERABILITY The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void, unenforceable or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the -15- failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way void or alter the remaining obligations of the parties. 36. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for the convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 37. COUNTERPARTS This Agreement may be executed in any number of counterparts and any party hereto may execute any such counterpart, each of which when executed and delivered shall be deemed to be an original and all of which counterparts taken together shall constitute but one and the same instrument. The execution of this Agreement by any party hereto will not become effective until counterparts hereof have been executed by all the parties hereto. EXECUTED in triplicate on the day and year first above written. Charles A. Brophy Or, C? ? & Amy L. Brophy -16- Commonwealth of Pennsylvania County of (AowtN ss On this, the q., day of '?NUAUC?_, 2010, before me the undersigned officer, personally appeared Charles A. Brophy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. seal. IN WITNESS WHEREOF, I have here unto set my hand and notarial COMMONWEALTH OF PENNSYLVANIA NotarteI Seal Kathy A. Diets, Notary Public Le,Mstwr9 gom, Union Cou3n 2012 issim My Cornm Expires Dec. Member, Pennsylvania Association of Notaries Commonwealth of Pennsylvania County of L Lvv? OL Notary P blic ss On this, the lQ' day of-Lprl mbtr , 2010, before me the undersigned officer, personally appeared Amy L. Brophy, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have here unto set my hand and notarial seal. NOTARIAL SEAL DANIELLE R VAN HORN Notary Public MARYSVILLE BOROUGH, PERRY COUNTY My Commission Expires Mar 31, 2013 J N tart' ublic -17- L ? DEC 22201u S CHARLES A. BROPHY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION - LAW AMY L. BROPHY, : CV NO. 2008- 6644 Defendant : IN DIVORCE, A. V.M. QUALIFIED DOMESTIC RELATIONS ORDER The Court finds the parties have agreed that a Qualified Domestic Relations Order (QDRO) shall issue with respect to Charles A. Brophy's retirement plans (Plans) through the Board of Pensions of the Evangelical Lutheran Church in America (ELCA). THEREFORE IT IS ORDERED as follows: C-) C) A. Generally mw c? F =-n M 1. Participant belongs to the following Plan(s) sponsored by the ELCAV) r- N M ?a r<7 C N ELCA Retirement Plan v -4Q, .? :x a 6'1 n ELCA Master Institutional Retirement Plan Z ?- b ELCA Retirement Plan for the Evangelical Lutheran Good Sam?tann ;u Society 2. This Order applies to all of the Participant's benefits in the following Plan(s): ELCA Retirement Plan ELCA Master Institutional Retirement Plan ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society The plans are retirement income accounts as defined in the Internal Revenue Code (Code) §403(b)(9) The Participant's benefits in the Plans are subject to this Order. OF B. Facts 1. Participant's name and address Charles A. Broph 21 South Bedford Street. Carlisle _PA 17013 2. Participant's Social Security Number 188-38-8349 3. Alternate Payee's name and address AmL. Brophy 201 Stonehedge Drive Carlisle PA 17015 4. Alternate Payee's Social Security Number 190-42-8191 5. Alternate Payee's relationship to Participant Wife or former Wife 6. Alternate Payee's date of birth 11/3/1953 7. Proceeding serving as the basis of this Order Separation and Divorce (divorce, permanent separation, dissolution etc.) 8. Effective date of divorce (if applicable C. Retirement Benefits Awarded to the Alternate Payee Effective property of Alternate Payee: the Court awards and assigns as the sole and separate 1. $40,000.00 of Participant's retirement account balance, together with interest, earnings, gains, or losses on said balance as of the last valuation date preceding the assignment. The ELCA Board of Pensions will segregate, transfer, and maintain the benefits assigned to the Alternate Payee as a separate account in the Alternate Payee's name. Subsequent interest, earnings, gains, or losses on this balance will be credited and paid to the Alternate Payee. D. Retirement Benefits Awarded to Participant and Alternate Payee. As of the effective date of this Order, the Participant retains all benefits accrued under the Plan that are not assigned to Alternate Payee. Subsequent interest, earnings, gains or losses on this balance will be credited to the Participant. E. Benefit Payments - General Information The term "benefit" may include retirement benefits, death benefits, and/or t r S survivor benefits. 2. The benefits assigned to the Participant and Alternate Payee will be paid pursuant to the terms and conditions of the Plans and applicable law, at the time payments commence. 3. The Alternate Payee is eligible to receive payment of the benefit assigned under this Order on the earliest date the benefit could be paid to the Alternate Payee under the Plans; notwithstanding the Participant's continued participation in the Plans or the accrual of additional benefits. The Alternate Payee is not eligible to receive benefit payments prior to the first of the month coincident with or following the date that the ELCA Board of Pensions determines this Order is a QDRO. 4. The Court directs the ELCA Board of Pensions to issue separate checks to the Participant, Alternate Payee, or their designated beneficiaries (if applicable), for their respective interests in the Plans. Upon full payment of benefits assigned to the Alternate Payee, the ELCA Board of Pensions and the Plans will be discharged from all responsibility, obligation, and duty to the Alternate Payee. 6. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide benefits or payments in types, forms or options not available under the Plans. The Participant and Alternate Payee must apply for the payment of benefits in the manner prescribed by the ELCA Board of Pensions. 7. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide benefits to an Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined by the ELCA Board of Pensions to be a QDRO. 8. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide increased benefits (determined on the basis of actuarial value) to the Participant and Alternate Payee. While the ELCA plans are exempt from the Code (because they are "Church Plans" within the meaning of Code §414(e) and ERISA §3(33)), the Plans have adopted provisions similar to those set forth in A Code §414(p). G. Alternate Payee's Right to Information The Alternate Payee will have the same right as any other participant in the Plans to request copies of the plan documents maintained by the ELCA Board of Pensions regarding the benefits assigned to the Alternate Payee. H. Communication The Participant and Alternate Payee will advise the ELCA Board of Pensions of any changes in their mailing address. All communications with the ELCA Board of Pensions must be addressed as follows: Service Center Board of Pensions Evangelical Lutheran Church in America 800 Marquette Avenue, Suite 1050 Minneapolis, MN 55402-2892 1. Jurisdiction The Court expressly reserves jurisdiction to supervise, interpret, and enforce the division of benefits awarded or assigned under this Order. IT IS SO ORDERED: Dated: Ve CG `-i L Z Z OA G Judge: Agreed to this day of 2010. r Husband Je y J Crossland, Esquire Wife Mary A. Etter Dissinger, Esquire COpteS WaAbC? Jeffrey J•Crcmb d.En K4N A. Etter Dissinger, 6i. /a/PJ10 DK.B r IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY n N O Q CHARLES A. BROPHY CIVIL ACTION -LAW rnw c =-n r*z =£ r -u Plaintiff, NO. 2008-6644 > ' w rn o -- --4c) -n V. -t, - . o -? z cn IN DIVORCE, A.V.M. AMY L. BROPHY: =+ r 2' -G Cn Defendant. AFFIDAVIT OFSERVICE I, JEFFREY J. CROSSLAND, attorney for the Plaintiff in the above-captioned matter hereby verify that the Divorce Complaint in the above-captioned matter was mailed to Defendant by certified mail, restricted delivery, return receipt on November 17, 2008. The return receipt was received November 22, 2008 by undersigned counsel and indicated a date of delivery to Defendant of November 20, 2008 and was signed by Defendant. (See attachment, Exhibit 1) I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: I ?3o Zold -4r Exhibit "1" ¦ Complete , 2, and 3. Also iced. ete X (? /- item 4e Restricted Delivery is desired. ? Agent ¦ Print your name and address on the reverse ? Addressee so that we can return the card to you. B. by nted AWM)l C. Data of Delivery ¦ Attach this card to the back of the mailpieoe, or on the front if space permits. D. Is delhmly address d Item 1? ? Yes 1. Article Addressed to: , D If YES, enter delivery address below: ? No i-720 1 3. Service lype C111-Certified Mall ? Express Mail 0 Registered irk Return Rec elpt for Merchandise ? Insured Mali ? C.O.D. 4. Restricted Delivery? ODrtm Fee) ? Yes 2. Article Number rr?8??ste?>fnm ear?e raw 7004 1350 0002 9207 267 3 Ps Form 3811, February Domestic Ratum Rsoaipt 102595-02-M-1540 r? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY o -n CIVIL ACTION - LAW -OX =,n ? i -° a iv 'r Pv ' C on CHARLES A. BROPHY o rn Plaintiff v. CV NO. 2008-6644 AMY L. BROPHY : IN DIVORCE, A.V.M. Defendant. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of an appropriate divorce decree: 1. The grounds for divorce is an irretrievably broken marriage under Section 3301(c) of the Divorce Code. 2. A Complaint, substantially in the form prescribed by Rule 1920.72(a), was filed on November 10, 2008 and was served by Certified Mail, Return Receipt on the Defendant Amy L. Brophy on November 20, 2008. 3. Plaintiff executed an Affidavit of Consent, substantially in the form prescribed by Rule 1920.72(b), on December 28, 2010 and Defendant executed an Affidavit of Consent, substantially in the form prescribed by Rule 1920.72(b) on December 6, 2010. Both Affidavits were i ' it executed ninety (90) days or more after the Complaint was filed and served on Defendant, and were filed within thirty (30) days from the date of their execution. 4. Related Claims: None. 5. a. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: contemporoneously with this praecipe to transmit the record. b. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporoneously with this praecipe to transmit the record. 6. A true and correct copy of the Agreement of the parties was filed December 21, 2010, and X is to be incorporated is not to be iAcc rporated with the Divorce Decree. J fr J. Crossland, Esquire tt rney for Defendant 129 Market Street P.O. Box 352 Lewisburg, PA 17837 (570) 524-9229 Dated: 12- IZO 12- 01o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Charles A. Brophy Plaintiff, V. Amy L. Brophy : Defendant. ,Fi ED-OFFICE d0 DEC 29 PM 2: S6 CIVIL ACTION - LAW CV NO. 2008-6644 IN DIVORCE, A.V.M. AFFIDA VIT OF CONSENT 1. A. Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 10, 2008. 2. The marriage of plaintiffand defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 9- /0 Plaintiff - Charles A. Bro y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Charles A. Brophy Plaintiff : CIVIL ACTION -LAW V. : CV NO. 2008-6644 Amy L. Brophy IN DIVORCE, A.V.M. Defendant ' Fly 2'f QED' 29 Phi 2.- 516 UMBERLAND COUP Y PE N M iY I,-VAN IA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 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. DATE: 1,0 /? 4" Plaintiff - Charles A. Brophy F I LED - OFF ICE 3v CHARLES A . ,Ap0Vffy29 PM 2: 56 Plaint;} B?? +F?UNT?, VS. AMY L. BROPHY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA : CIVIL ACTION LAW : CV NO. 2008- ?Cq(q : IN DIVORCE, A.V.M. DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on November 10, 2008 and served on &bVFM1?e-f ZAP-20o9. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, division of property or lawyer fees or expenses if I do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that. a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 6. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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. , 01 d Date: 7 6" - .4 Amy L. Brophy Charles A. Brophy, Plaintiff V. Amy L. Brophy, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-6644 DIVORCE DECREE AND NOW, R6 020` , it is ordered and decreed that Charles A. Brophy, Plaintiff Amy L. Brophy, Defendant bonds of matrimony. plaintiff, and defendant, are divorced from the 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 By the Court, Attest: J. A Age r) 0. --- ^.. --- - W C vL D .^31 LL rothonota Natoe f Copy glad lo deft S CHARLES A. BROPHY, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY PENNSYLVANIA VS. C= CIVIL ACTION - LAW M O -n =-n AMY L. BROPHY, : CV NO. 2008- 6644 -' '." - (T'r=- C J Defendant : IN DIVORCE, A.V.M. QUALIFIED DOMESTIC RELATIONS ORDER - _ , The Court finds the parties have agreed that a Qualified Domestic Relations Order (QDRO) shall ^ issue with respect to Charles A. Brophy's retirement plans (Plans) through the Board of Pensions of the Evangelical Lutheran Church in America (ELCA). THEREFORE IT IS ORDERED as follows: A. Generally Participant belongs to the following Plan(s) sponsored by the ELCA: ELCA Retirement Plan ELCA Master Institutional Retirement Plan ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society 2. This Order applies to all of the Participant's benefits in the following Plan(s): ELCA Retirement Plan ELCA Master Institutional Retirement Plan ELCA Retirement Plan for the Evangelical Lutheran Good Samaritan Society The plans are retirement income accounts as defined in the Internal Revenue Code (Code) §403(b)(9) The Participant's benefits in the Plans are subject to this Order. B. Facts 1. Participant's name and address Charles A. Brophy 34 Cambridge Court, Carlisle, PA 17013-2733 2. Participant's Social Security Number 188-38-8349 3. Alternate Payee's name and address AM L. Brophy 201 Stonehedge Drive, Carlisle. PA 17015 4. Alternate Payee's Social Security Number 190-42-8191 Alternate Payee's relationship to Participant Wife or former Wife 6. Alternate Payee's date of birth 11/3/1953 7. Proceeding serving as the basis of this Order Separation and Divorce (divorce, permanent separation, dissolution etc.) 8. Effective date of divorce (if applicable) J 12 G ` i I C. Retirement Benefits Awarded to the Alternate Payee Effective December 22, 2010 the Court awards and assigns as the sole and separate property of Alternate Payee: $40,000.00 of Participant's retirement account balance, together with interest, earnings, gains, or losses on said balance as of the last valuation date preceding the assignment. The ELCA Board of Pensions will segregate, transfer, and maintain the benefits assigned to the Alternate Payee as a separate account in the Alternate Payee's name. Subsequent interest, earnings, gains, or losses on this balance will be credited and paid to the Alternate Payee. D. Retirement Benefits Awarded to Participant and Alternate Payee. As of the effective date of this Order, the Participant retains all benefits accrued under the Plan that are not assigned to Alternate Payee. Subsequent interest, earnings, gains or losses on this balance will be credited to the Participant. E. Benefit Payments - General Information 1. The term "benefit" may include retirement benefits, death benefits, and/or survivor benefits. 2. The benefits assigned to the Participant and Alternate Payee will be paid pursuant to the terms and conditions of the Plans and applicable law, at the time payments commence. 3. The Alternate Payee is eligible to receive payment of the benefit assigned under this Order on the earliest date the benefit could be paid to the Alternate Payee under the Plans; notwithstanding the Participant's continued participation in the Plans or the accrual of additional benefits. The Alternate Payee is not eligible to receive benefit payments prior to the first of the month coincident with or following the date that the ELCA Board of Pensions determines this Order is a QDRO. 4. The Court directs the ELCA Board of Pensions to issue separate checks to the Participant, Alternate Payee, or their designated beneficiaries (if applicable), for their respective interests in the Plans. Upon full payment of benefits assigned to the Alternate Payee, the ELCA Board of Pensions and the Plans will be discharged from all responsibility, obligation, and duty to the Alternate Payee. 6. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide benefits or payments in types, forms or options not available under the Plans. The Participant and Alternate Payee must apply for the payment of benefits in the manner prescribed by the ELCA Board of Pensions. 7. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide benefits to an Alternate Payee that are required to be paid to another Alternate Payee under another Order previously determined by the ELCA Board of Pensions to be a QDRO. 8. Notwithstanding anything in this Order to the contrary, the Plans will not be required to provide increased benefits (determined on the basis of actuarial value) to the Participant and Alternate Payee. While the ELCA plans are exempt from the Code (because they are "Church Plans" within the meaning of Code §414(e) and ERISA §3(33)), the Plans have adopted provisions similar to those set forth in r Code §414(p). G. Alternate Payee's Right to Information The Alternate Payee will have the same right as any other participant in the Plans to request copies of the plan documents maintained by the ELCA Board of Pensions regarding the benefits assigned to the Alternate Payee. H. Communication The Participant and Alternate Payee will advise the ELCA Board of Pensions of any changes in their mailing address. All communications with the ELCA Board of Pensions must be addressed as follows: 1. Jurisdiction Service Center Board of Pensions Evangelical Lutheran Church in America 800 Marquette Avenue, Suite 1050 Minneapolis, MN 55402-2892 The Court expressly reserves jurisdiction to supervise, interpret, and enforce the division of benefits awarded or assigned under this Order. IT IS SO ORDERED: 7 Dated: Judge: Agreed to this 2, c,-' day of Ll 1. 201 ?. 14 24.44 Husband Wife Pary A. Hier bL nq er j4iey J. &rossla d Mary A. Etter Dissinger, Esquire Coples /9111 a p? CHARLES A. BROPHY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Responde t CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-6644 CIVIL TERM AMY L. BROPHY, IN DIVORCE 7w- • } Defendant/Petitiongr PACSES CASE: 567110922 `° 1 ., ORDER OF COURT {::W AND NOW to wit, this 8 h day of March, 2011, it is hereby Ordered that the 'Order for: Alimony Pendente Lite is Petitioner. The case is closed This Order shall become without prejudice, pursuant to the written request of the a credit in the amount of -$192.47. twenty (20) days after the mailing of the notices of the ! entry of the Order to the parties less either party files a written demand with the Office of the Prothonotary for a hearing de no o before the Court. ?I BY THE COURT: Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent Mary A. Etter-Dissinger, Esq. Jeffrey J. Crossland, Esq. Form OE-001 Service Type: M Worker: 21005 MAR o 8 ZOU ??; .?.5?71109?? 5 to ry?? s?2v%c?s??"h?eou.gh )dA4??;c?? (a'?"? ores . AA,? 06F-'?- fORI-5Ur p ok?- 4,'i