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HomeMy WebLinkAbout04-2152 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D, No, 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. () ~ ..JJ.5.2 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE SUSAN M. ATKINSON, v. ROBERT K. ATKINSON, 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 ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 30 I Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'1- J. I:>:L CIVIL TERM SUSAN M. ATKINSON, v. ROBERT K. ATKINSON, CIVIL ACTION - LAW IN DIVORCE Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c} OR 3301(d} OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Susan M. Atkinson, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Robert K. Atkinson: 1. The Plaintiff is Susan M. Atkinson, an adult individual, residing at 410 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. Plaintiff's Social Security Number is 231-66- 5200. 2. The Defendant is Robert K. Atkinson, an adult individual, residing at 418 Huron Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. Defendant's Social Security Number is 213-64- 8576. 3. The Plaintiff and Defendant were married on September 10,1977, in Roanoke, Virginia. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce. COUNT 11- EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length. 10. Plaintiff and Defendant have legally and beneficially acquired certain property during their marriage. 11. The parties plan to enter agreements for the resolution of their divorce and equitable distribution issues through the collaborative process. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. :228075 VERIF/CA TION I, Susan M. Atkinson, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A ~4904, relating to unsworn falsification to authorities. Date: ~-II- D4 ~'-A-~ fV). ~ Susan M. Atkinson Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SUSAN M. ATKINSON, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE v. ROBERT K. ATKINSON, Defendant AFFIDA VlT SUSAN M. ATKINSON, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. 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: S ~ 1/ -D'f 1~__ /J?~ Susan M. Atkinson ~~-O 9- (!> Q;> p.. '.A- D - -tr' .~ ~c$ V ~ O~:3 w . -+- ~ ~ ;~:~ ()l -~" :.-:J ';-,1 _ :~1, 2-) (:.,j\1: !.--.-, - ,) c:. - <r~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 04-2152 CIVIL TERM SUSAN M. ATKINSON, v. CIVIL ACTION - LAW ROBERT K. ATKINSON, IN DIVORCE Defendant ACCEPTANCE OF SEj~VICE I, Dawn S. Sunday, Esquire, attorney for Defendant, Robert K, Atkinson, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on May 14, 2004 by the Plaintiff in the above- captioned divorce action. I certify that I am authorized to accept service on behalf of Defendant. By:---'l...".-4-- A e~ Dawn S. Sunday, Esquire Attorney I.D. # '-(I qS-cj 39 West Main Street Mechanicsburg, PA 17055 Attorney for Defendant Date: /llCU d /. dou L/ :228075 -' C) c- <."; ,.", = "'-'> ...- c__ f::: .....:.: o ..,., :;:J fii~ -om ::-:::JO C)(~ ~Ti ;-; (.5:::0 ~>C) rii"n <3 ;':9 -.:, -'; ~) U) I.J::) ,-{--~-,~- I;., . Il'" .. . MARITAL SETTLEMENT AGREEMENT BY AND BETWEEN ROBERT K. ATKINSON AND SUSAN M. ATKINSON Dawn S. Sunday, Esquire 39 West Main Street - Suite #1 Mechanicsburg, P A 17055-6230 Telephone: (7] 7) 766-9622 Counsel for: Robert Atkinson Melissa P. Greevy, Esquire 30] Market Street Lemoyne, PA 17043-0109 Telephone: (717) 761-4540 Counsel for: Susan Atkinson -' I " MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT made this J).fJt day of 10 Vetx.bt- L , 2004, by a d , between SUSAN M. ATKINSON, of Mechanics burg, Pennsylvania (hereinafter referre to as "WIFE"), and ROBERT K. ATKINSON, of Camp Hill, Pennsylvania (hereinafter referred to as "HUSBAND"), WITNESSETH: WHEREAS, the parties are Husband and Wife, having been married on September 10, 1977 in Roanoke, Virginia; WHEREAS, Wife has initiated divorce proceedings to terminate the parties' marriage and the parties have entered into an agreement to resolve the divorce related issues through the collaborative law process, and WHEREAS, Wife and Husband desire to settle fully and finally their respectiv financial and property rights and obligations as between each other, including, withou limitation, the settling of all matters between them relating to the ownership of real ane personal property, the support and maintenance of one another and, in general, th settling of any and all claims and possible claims by one against the other or agains their respective estates. ~l' '. " NOW THEREFORE, the parties, intending to be legally bound, agree as follows: I. ADVICE OF COUNSEL: Both parties agree and acknowledge that t ey have had ample and sufficient time to carefully and fully review the terms and provisi ns of this Agreement. The provisions of this Agreement and their legal effect have b en fully explained to the parties by their respective counsel. Wife has obtained legal adv ce and representation from Melissa P. Greevy, Esquire. Husband has obtained legal adv ce and representation from Dawn S. Sunday, Esquire. Both parties agree and acknowle{ ~e that they fully understand the facts upon which this Agreement is based, that they belie e this Agreement to be fair and equitable under the circumstances, that this Agreement is being entered into freely and voluntarily by each of them, and that the execution of t is Agreement is not the result of any duress, undue influence, collusion or improper r illegal Agreement or Agreements. 2. DISCLOSURE OF ASSETS: The parties warrant that they have given a fu , complete and accurate disclosure of all assets, of any nature, whether or not the asse s were held jointly or in one name alone. The remedies available to either party fi Ir violation of this provision shall be those remedies available pursuant to law and equit including the right to punitive and compensatory damages. 3. PERSONAL RIGHTS: Wife and Husband may and shall, at all time hereafter, live separate and apart. Each shall be free from all control, restraint interference and authority, direct or indirect, by the other. Each may reside at such plac or places as she or he may select. Each may, for her or his separate use or benefit conduct, carryon or engage in any business, occupation, profession or employmen which to her or him may seem advisable. Wife and Husband shall not molest, harass, disturb 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 her or him. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. 4. EQUITABLE DISTRIBUTION: A. Real Estate (I). Marital Residence: The parties acknowledge that during tr ir marriage they held, as tenants by the entireties, the fee sim Ie interest in the marital residence located at 418 Huron Dri e, Mechanicsburg, Cumberland County, Pennsylvania. The part es acknowledge that the marital residence was sold, with the et proceeds in the total amount of$4400.00 having been received a d distributed equally between them. (2), Timeshare: The parties acknowledge that they jointly own a time-share estate interest in the following deeded propertie : Fairfield Williamsburg at Kingsgate, York County, Virgin a (purchase price $13,800.00 on October 19, 1993) and Fairfie ~ Nashville at Music City USA, Nashville, Tennessee (purchaE price $6200.00 on August 8, 1997). Husband and Wife agree t continue joint ownership of the timeshare properties, with Husban entitled to use of the timeshare in even numbered years and Wir entitled to use of the timeshare in odd numbered years, All banke timeshare benefits shall be shared equally between the parties Each party shall pay all maintenance fees/dues associated with th properties during the years he or she is entitled to enjoy use of th timeshare. In the event either party desires to discontinue participation in the timeshare, the other party shall have the first option to buy that party's one-half interest for $10,000.00. If the party buying out the other party's one-half interest sells the timeshare for more than $20,000.00 within two years of he buyout, the amount of the profit shall be shared equally betw en the parties. Upon the death of either party, the surviving p fiy shall be entitled to buy the deceased party's one-half interest or $10,000.00. In the event the surviving party declines the buyc "t, the deceased party's one-half interest shall become the property of the party's children, Ashley Ann Atkinson and Jennifer L, nn Pottinger. B. Household and Personal Property (1). Wife and Husband agree that Wife shall be credited with t e value of $22,500,00 for all household belongings in her possessio , including the antiques, Longaberger baskets and P. Buckley Mo s prints, and Husband shall be credited with the value of $2500.( 0 for all household belongings in his possession. (2). The parties agree that they shall exchange Aunt Trudy s blanket chest which shall be Wife's property and the P. Buckle { Moss print, "Maid of the Orchard", which shall be Husband property. (3), Except as otherwise set forth in this Agreement, the partie agree that their household and personal property has been divide to their mutual satisfaction. The parties agree that each shall retai all personal property in his or her respective possessions and waiv all rights as to personal property in the possession of the othe party as of the execution date of this Agreement. Each of th parties hereby specifically releases any claims he or she may have with respect to any of the foregoing personal property which shall become the sole and separate property of the other from the execution date of this Agreement. C. Motor Vehicles (1), The parties agree that Wife shall retain possession of nd receive as her sole and separate property the 2000 Jeep Chero ee which she drives, along with all rights under any insurance pol y thereon. Wife shall assume total responsibility for payment of 2 y loans or insurance premiums associated with the vehicle. (2). The parties agree that Husband shall retain possession of a: d receive as his sole and separate property the 2000 Jeep Gra d Cherokee which he drives along with all rights under any insuran e policy thereon. Husband shall assume total responsibility ~ r payment of any loans or insurance premiums associated with t e vehicle. Wife shall sign all necessary documents to transfer title f the vehicle to Husband's sole name at such time as the outstandin g loan on the vehicle is satisfied. D. Pensions and Retirement Benefits (1). Husband shaH retain as his sole and separate property, fre from any right, title, claim or interest of Wife, Husband's Norfol Southern (NS) Retirement Plan benefits (estimated by NS to b $2011.39/mo. beginning at age 60 and reduced to $735.4l1mo. a age 62). (2). Husband's Thrift and Investment Plan of Norfolk Southern Corporation (TIP) shall be divided equally between the parties, with one-half of the balance on the date of distribution b( 'ng deposited in separate qualifying accounts for each party. (3). Wife shall receIve as her sole and separate property he divisible Non-Tier I benefits under the Railroad Retirement Ac to which Husband becomes eligible at age 62 (estimated by he Railroad Retirement Board to be $670.00/mo). The transfer of benefits under this paragraph shall be accomplished through a Qualified Domestic Relations Order pursuant to the requireme ts of the applicable Federal Regulations. E. Life Insurance Wife shall retain as her sole and separate property, free from aI y right, title, claim or interest of Husband, all cash value of Wife s Equitable Life Insurance policy # 39 204 368, Wife shall t e credited with the value of $2000.00, representing $1000.( received by cancellation check and $1000.00 received from previous withdrawal on the policy. F. Mutual Funds Wife and Husband agree to equally divide the balance in th jointly owned mutual funds with Seligman (6/04 value 0 $3416.62) and Columbia Funds (6/04 value of$2199,60). r-,:"""-----' 5. DISTRIBUTION OF LIABILITIES: A. Credit Cards The parties agree that Wife shall assume responsibility or payment of the USAA credit card debt in the amount of $1300 00 and Husband shall assume responsibility for payment of the VI A credit card debt in the amount of $2599.00 and the Mastercard d bt in the amount of$2920.00. B. Ongoing Liabilities Each party assumes the debts, encumbrances, taxes, and liens n all the property he or she will hold subsequent to the executi n date of this Agreement. C, Past / Future Liabilities Each party represents and warrants to the other that she or he h, ~ not incurred and will not at anytime in the future incur, any deb, obligation, or other liability on which the other party is or may b liable. A liability not disclosed in this Agreement will be the sol responsibility of the party who has incurred or incurs it, and tha party agrees to pay it, and to indemnify and hold the other part and her or his property harmless from any and all such debts obligations and liabilities. D. 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, de end Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against ~y damages or loss resulting therefrom, including, but not limite( to, costs of court and actual attorney's fees incurred by Wit< m connection therewith. E, Indemnification of Husband If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by W fe under this Agreement, Wife will, at her sole expense, defe d Husband against any such claim, action or proceeding, whether or not well-founded, and indemnify him and his property against a y damages or loss resulting therefrom, including, but not limited b, costs of court and actual attorney's fees incurred by Husband n connection therewith. 6. SPOUSAL SUPORT/ALIMONY: Husband shall continue to pay to Wife t e sum of $600,00 per month as spousal support/alimony, through the end of Septemb r 2004, Thereafter, payments shall be suspended until November 15, 2004. Beginnin with a payment on November 15, 2004 and terminating with a payment on November 30, 2007, Husband shall pay monthly spousal support/alimony to Wife in th amount of $300.00 on the 15th and 30th day of each month. Husband's obligation unde this provision shall terminate earlier in the event Wife becomes entitled to receiv replacement income from inheritance, or as otherwise provided by law, 7. TAXES: Wife and Husband warrant that they have paid all taxes on prio returns through the calendar year ending December 31, 2003; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. Husband shall give Wife notice of any deficiency assessment ..-.~- and Wife shall glVe Husband notice of any deficiency assessment of which hey individually or collectively become aware. The parties agree that should it ultimatel be determined that any deficiency and/or penalty exists with respect to any jointly led returns, the party responsible for the erroneous preparation and/or non-disclosun of information which has resulted in the deficiency and/or penalty, shall be so ely responsible for the payment of the amount ultimately determined to be due, toge "er with interest, as well as expenses that may be incurred to contest the assessment. If deficiencies or penalties become due as a result of individually filed returns, the p~ iy who filed the return shall be solely responsible for all swns due, and shall indemnify nd hold harmless the other party for any payment thereon. 8. MUTUAL COOPERATION: Each party shall on demand execute a d deliver to the other any deeds, bills of sale, assignments, consents to change ~f beneficiary designations, tax rehrrns, and other documents, and shall do or cause to e done every other act or thing that may be necessary or desirable to effectuate t e provisions and purposes of this Agreement. If either party W1feasonably fails on demaJ d to comply with this provision, that party shall pay to the other party all attorney's fe( costs, and other expenses actually incurred as a result of such failure. 9. WAIVER OF INHERITANCE RIGHTS: Unless otherwise specific all provided in this Agreement, effective upon the execution date, Wife and Husband wai, all rights of inheritance in the estate of the other, any right to elect to take against th Will or any trust of the other or in which the other has an interest. Each party waive any additional rights which that party has or may have by reason of their marriage except the rights saved or created by the terms of this Agreement. This waiver shall b construed generally and shall include, but not be limited to, a waiver of all right provided under the laws of Pennsylvania, or any other jurisdiction, and shall include al rights under the Pennsylvania Divorce Code, 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party specifically waives all beneficiary rights in and to any asset, benefit or like program carrying a beneficiary designa ion which belongs to the other party under the tenus of this Agreement, and each p my expressly states that it is her and his intention to revoke by the tenus of this Agreen ent any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If the other party continues to be named as beneficiary nd no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. However, in the event that either party specific lly designates the other party as a beneficiary after the date of execution of this Agreem nt, then this waiver provision shall not bar that party from qualifying as such beneficiary, 11. RELEASE OF CLAIMS: Wife and Husband agree that the prope jly dispositions provided for herein constitute an equitable distribution of their assets a d liabilities pursuant to the Pennsylvania Divorce Code, and Wife and Husband waive a y right to division oftheir property except as provided for in this Agreement. Except as et forth in this Agreement, each party hereby absolutely and unconditionally releases a d forever discharges the other and her or his heirs, executors, administrators, assigr s, property and estate from any and all rights, claims, demands or obligations arising out f or by virtue of the marital relationship of the parties whether now existing or hereaft r arising. The above release shall be effective regardless of whether such claims arise 0 t of any fonuer or future acts, contracts, engagements or liabilities of the other or by W3 of dower, courtesy, widow's or widower's rights, family exemption or similar allowanc , or under the intestate laws or the right to take against the spouse's will, or the right t treat a lifetime conveyance by the other as testamentary or all other rights of a survivin spouse to participate in a deceased spouse's estate, whether arising under the laws 0 Pennsylvania, any state, commonwealth or territory of the United States, or any othe country, Except for the obligations of the parties contained in this Agreement and suc rights are expressly reserved herein, each party gives to the other by the execution of thi Agreement an absolute and unconditional release and discharge from all causes of action claims, rights or demands whatsoever in law or in equity, which either party ever had 0 now has against the other. '----;-~" 12, WAIVER OF PROCEDURAL RIGHTS: This Agreement constitute an equitable division of the parties' marital property, The parties have determined that the division of this property conforms with regard to the rights of each party. The divisio of existing marital property is not intended by the parties to constitute in any way a sal or exchange of assets, and the division is being effectuated without the introduction of outside funds or other property not constituting the marital estate. Both parties her by waive the following procedural rights: . The right to obtain an inventory and appraisement of all marital ad sseparate property as defined by the Pennsylvania Divorce Code . The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code . The right to have the Court determine which property is marital and whi h is non-marital, and equitably distribute between the parties that prope y which the Court determines to be marital . The right to have the Court decide any other rights, remedies, privilegf or obligations covered by this Agreement, or any possible claims n t addressed in this Agreement 13, PRESERVATION OF RECORDS: Each party will keep and preserve for period of four (4) years from the date of their divorce decree all financial recorc relating to the marital estate, and each party will allow the other party access to thos records in the event of tax audits. 14. SEVERABILITY: If any provision of this Agreement is held by a court 0 competent jurisdiction to be void, invalid or unenforceable, the remaining provision shall nevertheless survive and continue in full force and effect without being impaired 0 invalidated in any way. 15. MODIFICATION / BREACH: No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties. I either party breaches any provision of this Agreement, the other party shall have the right, to sue for damages for such breach, or seek such other remedies or relief as ,ay be available to her or him. The non-breaching party shall be entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in the enforcemen of the rights of the non-breaching party. 16. WAIVER OF BREACH: The waiver by one party of any breach of h.is Agreement by the other party will not be deemed a waiver of any other breach of ny provision of this Agreement. 17. APPLICABLE LAW: All acts contemplated by this Agreement shall be construed and enforced under the laws of the Commonwealth of Pennsylvania in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION: The "date of execution" or "execution date" Jf this Agreement shall be defined as the date upon which the parties signed the Agreem, t if they do so on the same date, or if not on the same date, then the date on which t e Agreement was signed by the last party to execute this Agreement. This Agreeme t shall become effective and binding upon both parties on the execution date. 19. EFFECT OF RECONCILIATION, COHABITATION OR DIVORCE: This Agreement shall remain in full force and effect and shall not be abrogated even f the parties effect a reconciliation, cohabit as husband and wife or attempt to effect f\ reconciliation. This Agreement also shall continue in full force and effect in the event c f the parties' divorce. There shall be no modification or waiver of any of the terms unles made in writing by the parties. 20. HEADINGS NOT PART OF AGREEMENT: Any headings preceding th text of the several paragraphs and subparagraphs are insel1ed solely for convenience 0 reference and shall not constitute a part of this Agreement nor shall they affect it meaning, construction or effect. , 21. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreen ent shall bind the parties and their respective heirs, executors, administrators, I gal representatives, assigns, and successors in any interest of the parties. 22, ENTIRE AGREEMENT: Each party acknowledges that she or he as carefully read this Agreement, that she or he has discussed its provisions with an attorney of her or his own choice and has executed it voluntarily. This in strum nt expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties, This Agreem nt should be interpreted fairly and simply, and not strictly for or against either of t e parties. 23. AGREEMENT TO BE INCORPORATED BUT NOT MERGED: It.s Agreement shall be incorporated in a decree of divorce for purposes of enforcement onl , but otherwise shall not be merged into said decree, The parties shall have the right 0 enforce this Agreement under the Pennsylvania Divorce Code, and in addition, sh2 1 retain any remedies in Jawor in equity under this Agreement as an independent contrac , Such remedies in law or equity are specifically not waived or released. 24. COLLABORATIVE LAW PROCESS: The parties acknowledge that th provisions of this Agreement were established through the collaborative law process an that this process best serves the parties' long term goals, which require continue cooperation, communication and civility. Therefore, the parties agree that any issue which may arise concerning subjects covered by this Agreement, including modificatiOl and/or breach, shall be addressed through the collaborative process (pursuant to thl parties' January 29, 2004 Collaborative Law Participation Agreement) if the parties are unable to resolve the issues independently. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. ~ (f). OH.. ~ SUSAN M, ATKINSON, Wife ROBERT K. ATKINSON, Husband ~, COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND BEFORE ME, the undersigned authority, on this day personally appe ed SUSAN M. ATKINSON, known to me to be the person who executed the foreg 'ng instrument, and who acknowledged to me that she executed same for the purposes nd considerations therein expressed. )~IVEN UNDER MY HAND AND SEAL OF OFFICE this , OVt~lL ,2004. - . p-lf- da of ~.~ ss. _Seal KrI8tIle K. MyeIs, Notary Lemoyne Bora. Comberla County My Commlssion ExpiI&ll Dee 2, 200ll ,.."".,..., PIlo.1Sylwlria 01 NofIIifi COMMONWEALTH OF VIRGINIA COUNTYOF ~~ BEFORE ME, the undersigned authority, on this day personally appear d ROBERT K. ATKINSON, known to me to be the person who executed the foregoi g instrument, and who acknowledged to me that he executed same for the purposes considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this .II. day f }/~ ,2004, \1 . ~lOIi t'xjllres AugUSt 31, 2006 ----- <" CJ -n C~'l C;, (~ "I , 0-' ."" -~.... , :,\ .\ \..i) ~ Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D, No. 77950 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff SUSAN M, ATKINSON, Plaintiff IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA NO, 04-2152 CIVIL RM CIVIL ACTION - L W IN DIVORCE v. ROBERT K. ATKINSON, Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fiI d on May 14, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety day have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a final decree in divorce after service of notice of inte tion to request entry of the decree, 4. I have been advised of the availability of marriage counseling, understand hat the Court maintains a list of marriage counselors and that I may request the Court require my sp use and I to participate in counseling and, being so advised, I do not request that the Court require that m spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct. I underst nd that false statements herein are made subject to the penalties of 18 Pa.C,S, ~4904 relating to unsworn alsification to authorities. Date: II/; -zJ 0 ~ ~ I Susan M. Atkinson, Plaintiff :239233 (~. ~~ r.~; (,.. ~-) ...- r.::~'\ ,~ , C'j ("~ ~~1-1 ~~-\ G) _.t~J \.J:l - Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy LD, No, 77950 301 Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0 I 09 (717) 761-4540 Attorneys for Plaintiff SUSAN M. ATKINSON, Plaintiff IN THE COURT OF COMMO PLEAS OF CUMBERLAND COUNTY, PE NSYLVANIA NO, 04-2152 CIVIL T RM CIVIL ACTION - L W IN DIVORCE v, ROBERT K, ATKINSON, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice, 2, I understand that I may lose rights concerning alimony, division of property, I wyer'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 ourt 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 Waiver are true and correct. I underst nd that false statements herein are made subject to the penalties of 18 Pa.C,S, ~904 relating to unsworn alsification to authorities. Date: / / /I"L/O cJ , Susan M, Atkinson, Plaintiff :239233-2 r'~) r ~-':-i ...:.' , ,~ c'~: u::' "'.o. .,", ... vs, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 04-2152 CIVIL TERM SUSAN M, ATKINSON, Plaintiff ROBERT K, ATKINSON, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER ~3301 (el OF THE DIVORCE CODE 1. A Complaint in Divorce under S3301 (c) of the Divorce Code was filed on May 14. 2004 on May 21.2004 and served 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from t e date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request ent of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: II &/o<t I I DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 ( e I 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 expens s 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 cop 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn faisification to authorities. Date: 11/~::2/t') r I I ~ Robert K. Atkinson " ."J <;::"~;; c:~) t=i r" c') C.') UJ Plaintiff IN mE caJRT OF CCl-lMQN P EAS OF CUMBERLAND CCUNI'Y, PENNS VANIA NO. 04-2152 CIVIL TERM SUSAN M. ATKINSON, vs. ROBERT K. ATKINSON, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the c t for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 ( ) ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the cc:mplaint: Acee tanee of Servic signed by Defendant's counsel on Ma 21 2004 and filed with this Court on June I, 200 3. Cc:mplete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Secti n 3301 (c) of the Divorce Code: by the plaintiff November 12, 2004 by the defendant November 22, 2004 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defen nt: 4. Related claims pending: None.' The Marital Settlement Agreement dat d November 22, 2004 shall be incorporated, but not rrerged, into the Decree in Di orce. 5. Indicate date and manner of service of the notice of intention to fi e praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on November 12, 2004 and filed concurrentl here~ith. Waiver of NOtice signed by Defendant rrently herewith. Attorney for Plaintiff/ Melissa Peel Greevy Atty 1.0. #77950 ~.....,:! c:;;> (') <::,-~) ~ "I .<1;:-~ C:') \-;1 C) c:i ,"", .'"J ;t,:-f.:f.;+,:+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+:~:f.:+::+::+::f.:+::+:;+';+';+':+:;+';+':f.:+::+:~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+::f.~;+,~~;+,;+,:+::+:;+,;+,:+:;+'~~~;+':f.:+:~:f.+:+: :+::+::+::+:~:+::+:;+':f.~:+::+:~:+:;+';+';+':+:+;+';+':f.:+::+:~+:+: IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF SUSAN M. ATKINSON, Plaintiff VERSUS ROBERT K. ATKINSON, Defendant PENNA, No. 04-2152 CIVIL TERM DECREE IN DIVORCE ,..-- AND NOW, ~( 2004 , IT IS ORDERED AND DECREED THAT SUSAN M. ATKINSON , PLAINTIFF, AND ROBERT K. ATKINSON DEFENDAN ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC A FINAL ORDER HA BEEN RAISED OF RECO~r~. TH.,!S ACTION FOR WHICH YET BEEN ENTERED; ~ The Marital Settlement Agreement dated November 22, 2004 shall be but not merged, into this Decree in Divorce Crurt as provided ... .~ ... "" " i:;" "I ~ in 23 Pa. an By . . . . . . . . . . . . . . . . . . . . . rated, ~ . . . . . . . . . . . . . . . . . . . . . . . . . . :+::+: +:+::f.:+::+o+ HAVE NOT J. PROTHONO ARY .. . :+::+::+::+: :+: :+::+::+::+::+:~+ :+:~+;+,:+: ~;+, ~+:+::+::+:;+, . 4rn5 ~7?J- ~t r~~IL. ~1T'f?'5 fr1!1 ?- rt> 111 ~'Q' )~7 M ,"..' hJ }/ f; f>... -nj ./ L.. IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY PART SUSAN M. ATKINSON No. 04-2152 Civil Term v. In Divorce ROBERT K. ATKINSON AND NOW, this In- day of DOMESTIC RELATIONS ORDER ~ 20)~ased on the findings set forth below in items one through five, IT IS ORDERED, ADJUDGED AND DECREED in items six through eleven: 1. The parties hereto were husband and wife, and a divorce action has been entered in this Court at the above number. The Parties were married on September 10, 1977. 2. Robert K. Atkinson, date of birth December 23, 1954 (Social Security Number 231-64-8576), hereinafter referred to as "Participant", has been employed by Norfolk Southern Corporation and is a participant in the Railroad Retirement Board Pension Plan ("Plan"). -1- 3, The current and last known mailing address of Participant is 1606 Hallford Court, #204, Midlothian, Virginia 23114. 4, Susan M. Atkinson, date of birth December 2, 1955 (Social Security Number 231-66-5200), hereinafter referred to as "Alternate Payee", has raised claims for, inter alia, equitable distribution of marital property. 5, The current and last Payee is 410 S. Market 17055. known mailing address Street, Mechanicsburg, of Alternate Pennsylvania 6. Alternate Payee is awarded, and the Railroad Retirement Board is directed to pay, an interest in the portion of Participant's benefits under the Railroad Retirement Act (45 V,S.C, 231, et seq.), which may be divided as provided by Section 14 of that Act (45 V.S.C. 231m), Alternate Payee's share shall be 100 percent of the Participant's divisible monthly benefit at retirement. 7, The term of the regular monthly pension payments Alternate Payee is for her life during the life Participant. to the of the -2- The Alternate Payee shall share in any scheduled and/or ad hoc increases to pensioners. The Plan shall issue individual tax forms to each such recipient for amounts paid to each such person. The Alternate Payee is only entitled to the specific benefits under the Plan as provided for in this Order. All other rights, privileges and options under the Plan not granted to Alternate Payee are preserved for the Participant. 8. The Plan to which this Order applies is stated in item 2 hereof, or any successor plan thereto. 9. The parties designate the following attorneys as representatives for receipt of copies of notices: - for Participant, Dawn S. Sunday, Esq., Sunday & Sunday, 39 W. Main Street, Mechanicsburg, Pennsylvania 17055 for Alternate Payee, Melissa P. Greevy, Esq., Johnson, Duffy, Stewart & Weidner, 301 Market Street, Lemoyne, Pennsylvania 17043 -3- IT IS INTENDED that this order shall qualify as a Domestic Relations Order under the Railroad Retirement Act concerning the partition of annuities by court decree. This is part of the final distribution of property between the parties; not an award of spousal support. The Court retains jurisdiction to amend this Order as might be necessary to establish or BY T CONSENTED TO: it.-.~"" IY). C&/ea / . .""",, Alternate Payee, Susan M. Atkinson IJIud- k(. t1dt~ Participant, Robert K. Atkinson -4- ,-\ 1\ , ~. 'fJ~t ~} <'v-. FlLED-O:-':F1CE OF THE F:-~c:r-~:c':!\:,Jrl~r;l' 2005 t,UG -I to: b.2 CUi.,-, ",:_~H'\rr~( WilLIAM L. SUNDAY DAWN S. SUNDAY Attorneys - at - Law 39 West Main Street. Ste. 1 Mechanicsburg. PA 17055-6230 Phone (71 7) 766-9622 Phone (717) 766-9698 Fax (71 7) 795-7280 July 28, 2005 The Honorable Edgar B, Bayley Cumberland County Court House One Courthouse Square Carlisle, P A 17013 RE: Susan M, Atkinson vs, Robert K. Atkinson, No, 04-2152, In Divorce Dear Judge Bayley: I represent Robert K. Atkinson and Melissa Greevy represents Susan M. Atkinson in this domestic matter in which you issued a divorce decree on December 8, 2004 (copy enclosed), In order to implement the provisions of the Marital Settlement Agreement which relate to the distribution of Mr. Atkinson's divisible Railroad Retirement benefits, I am enclosing a proposed Domestic Relations Order which has been signed by both parties and approved by the Railroad Retirement Board. We respectfully request that you sign the enclosed DRO and return it to me for submission to the Railroad Retirement Board, which requires the original entered by the Court. I am also enclosing pre-addressed stamped envelopes, If you have any questions concerning the enclosed Order, please contact me or Melissa Greevy, Thank you very much for your assistance, Sincerely, ~~ Dawn S. Sunday DSSlbb cc: Melissa P. Greevy, Esquire Robert K. Atkinson Enc: Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy l.D, No. 77950 30 I Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 04-2152 SUSAN M. ATKINSON, v. ROBERT K. ATKINSON, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STlPULA TION AND NOW, comes Susan M. Atkinson, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation for the entry of a Qualified Domestic Relations Order entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A", The undersigned represents that Defendant's counsel concurs with this Motion Date: ~ Ja.gJ 61p / ART & WEIDNER / elissa Peel Greevy Attorney 1.0. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :274323 EXHIBIT A WILLIAM L. SUNDAY DAWN S. SUNDAY Attorneys - at - Law 39 West Main Street Ste. 1 Mechanicsburg. PA 17055-6230 Phone (71 7) 766-9622 Phone (71 7) 766-9698 Fax (71 7) 795-7280 April 25, 2006 Melissa P. Greevy, Esquire 301 Market Street Lemoyne, P A 17043 RECEIVED APR 2 7 2006 JOHNSON. DL/FHf: STEWART AND WEIDNER RE: Susan Atkinson/Robert Atkinson Dear Melissa: I am enclosing the five copies ofthe Qualified Domestic Relations Order which have been fully executed for forwarding to the Court and entry as an Order. Sincerely, M Dawn S, Sunday DSSlbb cc: Robert K. Atkinson Enc: 5 .' .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SUSAN M, ATKINSON v. No. 04-2152 Civil Term In Divorce ROBERT K. ATKINSON QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of 20 , based on the findings set forth below in items one through five, IT IS ORDERED, ADJUDGED AND DECREED as set forth below: 1. PARTIES - The parties hereto were husband and wife, and a divorce action is in this Court at the above number, and this Court has personal jurisdiction over the parties, the subject of this Order and this dissolution of marriage action pursuant to the domestic relations laws of this State. The parties were married on September 10, 1977, 2. PARTICIPANT - Robert K, Atkinson Date of birth December 23, 1954 Social Security Number 231-64-8576 1 .' " hereinafter referred to as "Participant", is a member of the Norfolk Southern Thrift and Investment ("Plan"). 3, PARTICIPANT ADDRESS - The current and last known mailing address of Participant is 1606 Hallford Court, #204, Midlothian, Virginia 23114. 4. ALTERNATE PAYEE - Susan M. Atkinson Date of birth December 2, 1955 Social Security Number 231-66-5200 hereinafter referred to as "Alternate Payee" is the spouse or former spouse of the Participant, The Alternate Payee has an interest in the Participant's benefits under the domestic relations laws of this State. 5. ALTERNATE PAYEE ADDRESS - The current and last known mailing address of Alternate Payee is 410 S. Market Street, Mechanicsburg, Pennsylvania 17055, 6. PLAN - The Plan to which this Order applies is the plan named in item 2 hereof or any amended or successor plan thereto, 7. LAW - A portion of the Participant's account in the Plan is marital property subject to distribution by this Court under State domestic relations law for the jurisdiction in which this 2 Order is issued and under which the above-named Participant and Alternate Payee are covered. This Order creates and recognizes as to the Plan the existence of the Alternate Payee's right, subject to the provisions of this Order, to a share of benefits otherwise payable to the Participant under the Plan, in the amount and form as set forth herein. 8. SEGREGATION As soon as administratively feasible following approval of this Order as qualified a portion of the Participant's Account shall be segregated for the Alternate Payee. The Alternate Payee's benefit shall consist of employee and company contributions and pre- and after-tax funds in proportion to the pre- and after tax funds in the Participant's total account, if any. Ai ternate Payee's account shall not be increased by any further contributions subsequent to the effective division date, Any outstanding loans and interest due thereon are considered as if repaid and the Account made whole for purposes of this Order, 9. VALUATION - The portion of the Participant's Account to be segregated for the Alternate Payee is exactly fifty percent of the account as near as administratively practicable as possible to the date of approval of this Order. However, the portion of the account to be segregated for the Alternate Payee 3 may not exceed the value of the Participant's account at the time of segregation. 10. INVESTMENT - In the event that the payment of all or any portion of the Alternate Payee's benefits under the Plan is to be delayed, the Alternate Payee shall be permitted to direct the investment of Alternate Payee's interest in the Plan. To the extent that the Alternate Payee directs investment of interest in the Plan under this item, the income or loss on such interest shall be determined on a segregated basis in the account of the Alternate Payee. Until the appropriate forms are executed by the Alternate Payee designating investment instructions, the Alternate Payee's account shall be invested in proportion to the investments in the Participant's total account at the time of segregation. 11. DEATH In the event that the Alternate Payee dies before the entire interest of the Alternate Payee in the Plan has been paid, the Trustee shall distribute the remaining interest in the Plan, determined as set forth in this Order, as soon as practicable to the Alternate Payee's named beneficiary or estate, or heirs and assigns. The death of the Participant shall have no effect on the distribution to the Alternate Payee, 4 " 12. DISTRIBUTION The benefits shall be payable as a distribution to the Alternate Payee upon request (or, if not then living, to the heirs or assigns) as soon as administratively practical after approval of this Order by the Plan Administrator. 13. FORM The form of said payment is a lump sum distribution. In accord with the Plan's normal administrative procedures the Alternate Payee may request that the distribution be in the form of a full or partial transfer to the administrator, trustee or custodian of the Alternate Payee's Individual Retirement Account (IRA) or other qualified plan, Upon notification from the Plan to the Alternate Payee of the approval of this Order, the Alternate Payee shall inform the Plan of the IRA transfer details if that is to be done. In the event of the death of the Alternate Payee, any death benefit available under the Plan based on the award in this Order shall be payable to the named beneficiary, estate, or heirs and assigns of the Alternate Payee, 14. RIGHTS The Alternate Payee shall have the same account investment direction rights with regard to Alternate Payee's portion of the Plan as are available to the Participant with regard to the remaining account portion of the Plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is 5 not entitled to any benefit not otherwise provided under the Plan or by this Order, The Plan shall issue individual tax forms to each such recipient for amounts paid to each such person. The Alternate Payee is only entitled to the specific benefits under the Plan as provided for in this Order. All other rights, privileges and options under the Plan not granted to Alternate Payee are preserved for the Participant. Each is responsible for individual tax reporting. 15. ADDRESSES - The parties agree to promptly notify the Plan Administrator of any change in their addresses from those set forth in this Order. 16. STATUS The parties agree to promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order, 17. ORDER - It is the knowledge and information of the Court that neither it nor the Participant and Alternate Payee are aware of any other orders which purport to dispose of the benefits described herein. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision; 6 (b) provide any type or form of benefit, or any option, which is not otherwise provided under the Plan and specifically authorized by this Order; (c) provide increased benefits; or (d) pay benefits to any Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a qualified domestic relations order, Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan shall determine to be inconsistent with the provisions of this Order or with any provision of law, rule or applicable judicial decision, the Plan may cease making any further payments to any person whose rights under the Plan, in the sole judgment of the Plan, may be affected by such claim pending resolution of such claim or further order of the Court, and the Plan may also take such further action or actions as may be permitted by law with respect to such claim and/or this Order. No provision in this Order shall be construed to require the Plan, the Plan Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan as now in effect or hereafter amended. 18. NOTIFICATION The Plan shall notify each of the parties hereto and their legal representatives when either party 7 makes application for any benefit payments or withdrawals from the Plan, but such notice requirement shall lapse after the Alternate Payee's account is established. 19, DESIGNATION The parties designate the for receipt of copies following of notices attorneys as representatives pertaining to this Order: For Participant - Dawn S. Sunday, Esq., Sunday & Sunday, 39 W. Main Street, Mechanicsburg, Pennsylvania 17055t For Alternate Payee Melissa Peel Greevy, Esq" Johnson Duffie Stewart & Weidner, 301 Market Street, P.O, Box 109, Lemoyne, Pennsylvania 17043-0109 20. JURISDICTION - It is intended that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984, P,L. 98-397 in accordance with Section 414 (p) of the Internal Revenue Code of 1986 as amended and the appropriately applicable provisions of the Employee Retirement Income Security Act of 1974 as amended, and the Pennsylvania Divorce Code of 1980 (P.C. 63, No. 63), and its provisions with such shall be administered provisions. If any and interpreted in provision of this conformity Order is inapplicable it shall be ignored and it shall not affect the validity of other provisions or of the Order itself, The Court retains jurisdiction to amend this Order as might be necessary to 8 establish or maintain its status. 9 " I hereby acknowledge that I have reviewed the terms and provisions of the within Order, that I consent to the terms and provisions thereof, and agree that the terms and provisions herein shall be entered as an Order of Court x...~ I'?~ &u/\ CONSENTED TO: Alternate Payee Attorney for Alternate Payee Ilbc/i/f~ ~obo Participant Attorney for Participant BY THE COURT: ........ . . ................. . ........ ., ....... .~:i:::i:i:< >>><< ........ . ....... . 10 CERTIFICA TE OF SERVICE AND NOW, this ~ of April, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dawn S. Sunday, Esquire 39 West Main Street Suite 1 Mechanicsburg, PA 17055-6230 '----.. Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy !.D, No. 77950 30 I Market Street p, O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 RECEIVED-1- MAY 0 3 2006 BY: Attorneys for Defendant SUSAN M. ATKINSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 04-2152 v. ROBERT K. ATKINSON, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STlPULA TION AND NOW, comes Susan M. Atkinson, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation for the entry of a Qualified Domestic Relations Order entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A". The undersigned represents that Defendant's counsel concurs with this Motion. Date: "-f I~ 6 !p / ART & WEIDNER elissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff :274323 WILLIAM L. SUNDAY DAWN S, SUNDAY Attorneys - at - Law 39 West Main street. Ste. 1 Mechanlcsburg, PA 17055-6230 Phone (71 7) 766-9622 Phone (717) 766-9698 Fax (717) 795-7280 April 25, 2006 Melissa p, Greevy, Esquire 301 Market Street Lemoyne, P A 17043 RECEIVED APR 2 72006 JOHNSON, DUFFIE STEWART AND WEIDNER RE: Susan Atkinson/Robert Atkinson Dear Melissa: I am enclosing the five copies of the Qualified Domestic Relations Order which have been fully executed for forwarding to the Court and entry as an Order, Sincerely, c:a ./ c~~ Dawn S, Sunday r DSS/bb cc: Robert K. Atkinson Enc: 5 ,. .' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION SUSAN M. ATKINSON v. No. 04-2152 Civil Term In Divorce ROBERT K. ATKINSON QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 20 , based on the findings set forth below in items one through five, IT IS ORDERED, ADJUDGED AND DECREED as set forth below: 1. PARTIES - The parties hereto were husband and wife, and a divorce action is in this Court at the above number, and this Court has personal jurisdiction over the parties, the subject of this Order and this dissolution of marriage action pursuant to the domestic relations laws of this State. The parties were married on September 10, 1977. 2. PARTICIPANT - Robert K. Atkinson Date of birth December 23, 1954 Social Security Number 231-64-8576 1 .' " hereinafter referred to as "Participant", is a member of the Norfolk Southern Thrift and Investment ("Plan"), 3, PARTICIPANT ADDRESS - The current and last known mailing address of Participant is 1606 Hallford Court, #204, Midlothian, Virginia 23114. 4, ALTERNATE PAYEE - Susan M. Atkinson Date of birth December 2, 1955 Social Security Number 231-66-5200 hereinafter referred to as "Alternate Payee" is the spouse or former spouse interest in of the Participant. The Alternate the Participant's benefits under Payee has an the domestic relations laws of this State. 5. ALTERNATE PAYEE ADDRESS - The current and last known mailing address of Alternate Payee is 410 S. Market Street, Mechanicsburg, Pennsylvania 17055. 6. PLAN - The Plan to which this Order applies is the plan named in item 2 hereof or any amended or successor plan thereto. 7. LAW - A portion of the Participant's account in the Plan is marital property subject to distribution by this Court under State domestic relations law for the jurisdiction in which this 2 . ' Order is issued and under which the above-named Participant and Alternate Payee are covered. This Order creates and recognizes as to the Plan the existence of the Alternate Payee's right, subject to the provisions of this Order, to a share of benefits otherwise payable to the Participant under the Plan, in the amount and form as set forth herein. 8. SEGREGATION As soon as administratively feasible following approval of this Order as qualified a portion of the Participant's Account shall be segregated for the Alternate Payee. The Alternate Payee's benefit shall consist of employee and company contributions and pre- and after-tax funds in proportion to the pre- and after tax funds in the Participant's total account, if any. Alternate Payee's account shall not be increased by any further contributions subsequent to the effective division date, Any outstanding loans and interest due thereon are considered as if repaid and the Account made whole for purposes of this Order. 9. VALUATION - The portion of the Participant's Account to be segregated for the Alternate Payee is exactly fifty percent of the account as near as administratively practicable as possible to the date of approval of this Order. However, the portion of the account to be segregated for the Alternate Payee 3 " may not exceed the value of the Participant's account at the time of segregation. 10. INVESTMENT - In the event that the payment of all or any portion of the Alternate Payee's benefits under the Plan is to be delayed, the Alternate Payee shall be permitted to direct the investment of Alternate Payee's interest in the Plan. To the extent that the Alternate Payee directs investment of interest in the Plan under this item, the income or loss on such interest shall be determined on a segregated basis in the account of the Alternate Payee. Until the appropriate forms are executed by the Alternate Payee designating investment instructions, the Alternate Payee's account shall be invested in proportion to the investments in the Participant's total account at the time of segregation. 11. DEATH In the event that the Alternate Payee dies before the entire interest of the Alternate Payee in the Plan has been paid, the Trustee shall distribute the remaining interest in the Plan, determined as set forth in this Order, as soon as practicable to the Alternate Payee's named beneficiary or estate, or heirs and assigns. The death of the Participant shall have no effect on the distribution to the Alternate Payee. 4 12. DISTRIBUTION The benefits shall be payable as a distribution to the Alternate Payee upon request (or, if not then living, to the heirs or assigns) as soon as administratively practical after approval of this Order by the Plan Administrator. 13. FORM The form of said payment is a lump sum distribution. In accord with the Plan's normal administrative procedures the Alternate Payee may request that the distribution be in the form of a full or partial transfer to the administrator, trustee or custodian of the Alternate Payee's Individual Retirement Account (IRA) or other qualified plan. Upon notification from the Plan to the Alternate Payee of the approval of this Order, the Alternate Payee shall inform the Plan of the IRA transfer details if that is to be done. In the event of the death of the Alternate Payee, any death benefit available under the Plan based on the award in this Order shall be payable to the named beneficiary, estate, or heirs and assigns of the Alternate Payee. 14. RIGHTS The Alternate Payee shall have the same account investment direction rights with regard to Alternate Payee's portion of the Plan as are available to the Participant with regard to the remaining account portion of the Plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is 5 " not entitled to any benefit not otherwise provided under the Plan or by this Order. The Plan shall issue individual tax forms to each such recipient for amounts paid to each such person. The Alternate Payee is only entitled to the specific benefits under the Plan as provided for in this Order. All other rights, privileges and options under the Plan not granted to Alternate Payee are preserved for the Participant. Each is responsible for individual tax reporting. 15. ADDRESSES - The parties agree to promptly notify the Plan Administrator of any change in their addresses from those set forth in this Order. 16. STATUS - The parties agree to promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. 17. ORDER - It is the knowledge and information of the Court that neither it nor the Participant and Alternate Payee are aware of any other orders which purport to dispose of the benefits described herein. No provision in this Order shall be construed to require the Plan to (a) make any payment or inconsistent with any federal or applicable judicial decision; take any action which is state law, rule, regulation or 6 (b) provide any type or form of benefit, or any option, which is not otherwise provided under the Plan and specifically authorized by this Order; (c) provide increased benefits; or (d) pay benefits to any Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined to be a qualified domestic relations order. Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan shall determine to be inconsistent with the provisions of this Order or with any provision of law, rule or applicable judicial decision, the Plan may cease making any further payments to any person whose rights under the Plan, in the sole judgment of the Plan, may be affected by such claim pending resolution of such claim or further order of the Court, and the Plan may also take such further action or actions as may be permitted by law with respect to such claim and/or this Order. No provision in this Order shall be construed to require the Plan, the Plan Administrator, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan as now in effect or hereafter amended. 18. NOTIFICATION The Plan shall notify each of the parties hereto and their legal representatives when either party 7 makes application for any benefit payments or withdrawals from the Plan, but such notice requirement shall lapse after the Alternate Payee's account is established. 19. DESIGNATION The parties designate the following for receipt of copies of notices attorneys as representatives pertaining to this Order: For Participant - Dawn S. Sunday, Esq., Sunday & Sunday, 39 W. Main Street, Mechanicsburg, Pennsylvania 170SSt For Alternate Payee - Melissa Peel Greevy, Duffie Stewart & Weidner, 301 Market Street, Esq., Johnson P,O. Box 109, Lemoyne, Pennsylvania 17043-0109 20. JURISDICTION - It is intended that this Order shall qualify as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984, P.L. 98-397 in accordance with Section 414(p) of the Internal Revenue Code of 1986 as amended and the appropriately applicable provisions of the Employee Retirement Income Security Act of 1974 as amended, and the Pennsylvania Divorce Code of 1980 (P.C. 63, No. 63), and its provisions shall be administered and interpreted in conformity with such provisions. If any provision of this Order is inapplicable it shall be ignored and it shall not affect the validi ty of other provisions or of the Order itself. The Court retains jurisdiction to amend this Order as might be necessary to 8 . . establish or maintain its status. 9 .' " I hereby acknowledge that I have reviewed the terms and provisions of the within Order, that I consent to the terms and provisions thereof, and agree that the terms and provisions herein shall be entered as an Order of Court CONSENTED TO: ~v--\ ~.~a.A P1.~ Alternate Payee Attorney for Alternate Payee ~~ba IlI>>A/f~ Participant Attorney for Participant ~~(~~ ~ 10 . , c..ERllFICATE. pF SERV.IC-E AND NOW, this ~ of April, 2006, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dawn S. Sunday, Esquire 39 West Main Street Suite 1 Mechanicsburg, PA 17055-6230 RT & WEIDNER ~ \ {'-) .......,. ...... c:? .,. -::; ~..~, f,..'t..';., -"\.' ':'~-} , <'\ ) r'~? c ....0 .>;") -:;.::