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HomeMy WebLinkAbout09-7220Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PAMELA M. WADLINGER, V. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. N - 76U0 Nil CIVIL ACTION - LAW Tam JOHN S. WADLINGER, IN DIVORCE 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 pages 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, 1 Courthouse Square, 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 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, Pennsylvania 17013 Telephone: (717) 249-3166 P, Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PAMELA M. WADLINGER, Plaintiff V. JOHN S. WADLINGER Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09- `7-7,20 OtAil Tom, CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, PAMELA M. WADLINGER, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, JOHN S. WADLINGER: 1. The Plaintiff is PAMELA M. WADLINGER, an adult individual, residing at 70 Beard Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is JOHN S. WADLINGER, an adult individual, residing at 70 Beard Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant were married on April 26, 1975, in Camp Hill, Cumberland County, Pennsylvania. 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. r 6. The marriage is irretrievably broken. 7. 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 under Section 3301(c) or 3301(d) of the Divorce Code. COUNT H -EQUITABLE DISTRIBUTION 8. 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. 9. Plaintiff and Defendant have legally and beneficially acquired certain personal and real property during their marriage. 10. The parties have not yet reached an agreement regarding equitable distribution. Should they successfully reach a private agreement in the future, Plaintiff requests that the agreement be incorporated into any Decree later entered by this Honorable Court. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHN DUFFIE, STEWART & WEIDNER B' Melissa Peel Greevy :379544 VERIFICATION I, PAMELA M. WADLINGER, 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: ?c? ?c Icy ?? W?iu? PAMELA M. WADLINGER :333625 2Gf9 CC ! 21 r !2: 4 7 -+NP4.5o Pb ATr{ (?'?' 31580 ,,, G X337 it e+ Johnson, Duffle, 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 PAMELA M. WADLINGER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff n NO. -1101.20 l?iyil lean v. CIVIL ACTION - LAW JOHN S. WADLINGER, IN DIVORCE Defendant AFFIDAVIT PAMELA M. WADLINGER, 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. 1 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: 10115 (o °L PAMELA M. WADLINGER Fi _L-D ?^ =i=='; cb c f lr- i j ,r T h 200 OC i 2 1 r' 12= 4 '/ Q Johnson, Duffle, 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 PAMELA M. WADLINGER, Plaintiff V. JOHN S. WADLINGER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009--07220 CIVIL ACTION - LAW IN DIVORCE RETURN OF SERVICE AND NOW, this 28th day of October, 2009, the undersigned does hereby certify that on October 27, 2009, the Divorce Complaint filed October 21, 2009 in the above captioned action was served upon on Defendant, JOHN S. WADLINGER, via certified mail return receipt requested, restricted delivery, addressed to 70 Beard Road, Mechanicsburg, Pennsylvania 17050, the Return Receipt evidencing service upon Defendant is attached hereto as Exhibit A. JOHNSO FFIE, STEWART & WEIDNER ?ze- a_n 1(?11 Melissa Peel Greevy I.D. No. 77950 Johnson, Duffie, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorneys for Plaintiff CERTIFICATE OF SERVICE HEREBY CERTIFY that I served a true and correct copy of the foregoing Return of Service upon all parties or counsel of record by depositing a copy of same in the United States Mail at Lemoyne, Pennsylvania, with first-class postage prepaid on th4?_Oday of October, 2009, addressed to the following: John S. Wadlinger 70 Beard Road Mechanicsburg, PA 17050 FFIE, STEWART & WEIDNER :381404 • Complete Items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. 0 Print your name and address on the reverse ao that WO can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. ?s EXHIBIT "A" oc rdwr? k,W 7007 2680 0001 8067 9108 Form 3811, r'aply kry 2004 DOfl1latlc R"m 4"W _ 102585.p2-M-1540, FILED--CIFFI""E OF THE PR,,,)TH',nN0TRP.Y 2409 OCT 29 PM 2: Q 4 CUM-3`1 ? _,,Ju' ' I T Y PE+,I SYLVANIA. 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 PAMELA M. WADLINGER, Plaintiff, V. JOHN S. WADLINGER, Defendant. Vj Attorneys for Plaintiff -?, .... s- ?? •w..f D c7 IN THE COURT OF COMMON Ff&kS AF o -r CUMBERLAND COUNTY, PENNS`?4VA?IA V NO. 2009-7220 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW COUNT TO THE PROTHONOTARY: Please withdraw Plaintiff's Count for Equitable Distribution in the above-captioned matter which was filed on October 21, 2009. Date: 3 tc / l JOHNaaPeel E, STEWART & WEIDNER kill Mreevy,Esquire CERTIFICATE OF SERVICE AND NOW, this 16th day of March, 2011, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe upon the other party of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Constance P. Brunt, Esquire The Law Office of Constance P. Brunt 1820 Linglestown Road Harrisburg, PA 17110 JOHNSO FFIE, STEWART & WEIDNER 1 j ? ) A?-L? Me Peel Greevy 422361 ?- OFFICE PRO THONOTA'" 21311 @?AR ! ? P? I ? 00 CUMBERLAND COUNT §< PAMELA M. WADLINGEF?'ENNSYLVAN1N IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOHN S. WADLINGER, Defendant AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 21, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the NO. 09-7220 CIVIL TERM CIVIL ACTION - LAW Prothonotary. I verify that the statements made above 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: a-3 , l PAMELA M. WADLINGER, Plaintiff :422353 ii E 's'".1 1 NOT A R Y 11 M1 R I 1 PEA 1.01 PAMELA M. WADLINGERCUMB RLANO COUNTY PEHNSYLVAN'A Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOHN S. WADLINGER, Defendant AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 21, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 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 of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the NO. 09-7220 CIVIL TERM CIVIL ACTION - LAW Prothonotary. I verify that the statements made above 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: -3 o? 01l JOH S. WADLINGE efendant :422353 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 PAMELA M. WADLINGER, s'€J s`i . Attorneys for PlaAji4M 17 PM 1' 02 CUMBERLAND COUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. JOHN S. WADLINGER, Defendant NO. 09-7220 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: October 27, 2009 via restricted delivery mail. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: February 23, 2011, by Defendant: March 8, 2011. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: Filed herewith. JOHNSON, STEWART & WEIDNER 3 Date: y. elissa Peel Greevy :422349 PAMELA M. WADLINGER V. JOHN S. WADLINGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-7220 DIVORCE DECREE AND NOW, Mh!Lc, k? %,_ 'k0l1 , it is ordered and decreed that PAMELA M. WADLINGER plaintiff, and JOHN S. WADLINGER defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. Prothonotary By the Court, 3/ielu- oerf: Ocpy mailed -?o atty ?reevy NO ke 4 &py rria iled to a#y brunt Pamela W. Wadlinger Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE John S. Wadlinger Defendant NO. 09-7220 QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights to the Alternate Payee. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined benefit plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 Pa. C.S.A. §3502. 3. This QDRO applies to the I.B.E.W. Local No. 143 Pension Fund ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. John S. Wadlinger ("Participant") is a participant in the Plan. Pamela W. Wadlinger ("Alternate Payee"), the former spouse, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number and date of birth are: John S. Wadlinger 70 Beard Road Mechanicsburg, PA 17050 Social Security #: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, social security number and date of birth are: Pamela W. Wadlinger 4525 Sequoia Drive, Apt. 236B Harrisburg, PA 17109 Social Security #: See Addendum Date of Birth: See Addendum QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The Participant and the Alternate Payee were married on April 26, 1975, and were separated on October 21, 2009. 8. The Alternate Payee is hereby assigned a portion of the pension benefit that would otherwise be payable to the Participant. The Plan is to make payment of the Alternate Payee's benefit directly to her. The Participant may not elect a benefit commencement age prior to his attainment of age 62. The Alternate Payee shall not begin receiving her assigned portion of the benefit until the later of the first month following the Participant's attainment of age 65, or the date he elects to commence receipt of benefits. 9. The Plan shall determine the Alternate Payee's portion of the Participant's benefit as follows: 50% of the benefit payable to the Participant on the date of his commencement of benefits, multiplied by a coverture fraction (no greater than 1.0). The numerator of the coverture fraction shall equal the Participant's years of credited service earned from the date of marriage to the date of separation, and the denominator shall equal his total years of credited service on his benefit commencement date. 10. The Alternate Payee shall receive her benefit as a share of each payment to which the Participant is entitled beginning on the date described in Paragraph 8. The Participant must elect the 50% husband and wife pension form for his entire benefit, with the Alternate Payee treated as the Participant's Qualified Spouse for purposes of entitlement to the Surviving Spouse Pension should the Participant die prior to the Alternate Payee. 11. After the Participant enters pay status, the Alternate Payee will be entitled to any benefit improvements attributable to her proportional entitlement for which the Participant is otherwise eligible. 12. If the Alternate Payee dies before the Participant either before or after the Participant's benefit commencement date, the Alternate Payee's assigned portion of the benefit shall revert to the Participant. 13. In the event the Participant dies prior to the commencement of receipt of benefits, the Plan shall treat the Alternate Payee as the Eligible Spouse of the Participant for purposes of the Pre-Retirement Survivor Annuity, but only to the extent necessary to provide her with the same benefit she would have been entitled had the Participant retired on the date of his death (notwithstanding the requirement of Paragraph 8 that the Alternate Payee not commence receipt of benefits until the Participant attains age 65). 14. For Federal income tax purposes, the Alternate Payee and not the Participant shall be treated as the distributee of all benefits made by the Plan to the Alternate Payee pursuant to this Order. The Plan will issue a 1099R to the Alternate Payee at the end of each calendar year and report such income to the IRS under the Alternate Payee's name and Social Security number. ,4DRO Page 3 15. The Court retains jurisdiction over this matter to amend this Order if necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under the Retirement Equity Act and the rules of the I.B.E.W. Local No. 143 Pension Fund. DD?? SO ORDERED, this D day of M it L?, Jul CONSENT TO ORDER: Plaintiff/Alternate Payee'-' Date ?r Attorney for Plaintiff/ Date Alternate Payee Me I issa Peel Greeuq , &t v OU sWee P. kBrun+, "4L Jdedant/Partici pant t ate t Attorney for Defendant/ Date Participant OOP?I?B( DKO ,:FoA/ 0 A?6 o,?? BY THE COURT: ti 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 PAMELA M. WADLINGER, Plaintiff V. JOHN S. WADLINGER, Defendant NO. 2009-7220 CIVIL ACTION - LAW IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STIPULATION AND NOW, comes Plaintiff, Pamela M. Wadlinger, 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". A Praecipe to Transmit the Record for the Entry of a Decree in Divorce has been filed contemporaneously herewith. The undersigned represents that Defendant's counsel concurs with the entry of this Order immediately following the entry of the Decree in accord with the terms of the parties' signed Stipulation attached hereto. JOHNSON, U IE TEWART & WEIDNER Date: l Me rssa eel Greevy Attorney for Plaintiff Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE AND NOW, this * day of mfvrm2 , 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: Constance P. Brunt, Esquire The Law Office of Constance P. Brunt 1820 Linglestown Road Harrisburg, PA 17110 JOHNSON, STEWART & WEIDNER B (? s/ Me issa Peel Greevy :422365 PAMELA M. WADLINGER, PLAINTIFF VS. JOHN S. WADLINGER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW : NO. 2009-7220 QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals 1. The parties to this action have entered into a Marital Settlement Agreement dated March 8, 2011. The parties were divorced by a Divorce Decree dated March 18, 2011. 2. Pursuant to the Marital Settlement Agreement dated March 8, 2011, this Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") §401(a). The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code §414(p) 3. This QDRO applies to the Holy Spirit Hospital Retirement Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. Pamela M. Wadlinger ("Participant") is a participant in the Plan. John S. Wadlinger ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, and date of birth are: Name: Pamela M. Wadlinger Home Address: See Addendum SS#: See Addendum DOB: See Addendum 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: John S. Wadlinger Home Address: See Addendum SS#: See Addendum DoB: See Addendum The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee is $11,795. The said portion payable to Alternate Payee shall not include any loan to the Participant which is treated by the Plan as an investment sub-account of the Participant. Any fees which may be charged for the review and implementation of this Order shall be paid from Participant's account and shall not be charged against the amount to be distributed to the Alternate Payee. III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to the Participant and alternate payees under the terms of the Plan, including, but not limited to, a lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. 13. Benefits are to be payable to the individual retirement account (IRA) named below on behalf of the Alternate Payee in one lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. Name of IRA: John S. Wadlinger - Traditional IRA Name of IRA Custodian: Belco Community Credit Union Send to the Attention of: Colleen J. Dean 2 Address of Custodian: 5304 Carlisle Pike, Mechanicsburg, PA 17050 IRA Account Number: 445790 - S5 14. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives his distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct his Plan investments to the extent permitted under the Plan. 15. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 16. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 17. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 18. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 19. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 20. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 21. Until the Plan completes payment of all benefits pursuant to this-QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. In the event that there is no such beneficiary designation recorded with the Plan Administrator under the terms of the Plan prior to the Alternate Payee's death, the remaining benefits which are due to the Alternate Payee under this QDRO shall be paid to the Alternate Payee's estate. 3 If the last Beneficiary Designation form filed with the Plan Administrator by the Participant prior to her death predates this QDRO and names the Alternate Payee as a beneficiary; then, the terms of this QDRO shall alone govern the Alternate Payee's share of any death benefit, and for the purpose of distributing any remaining death benefit payable under the Plan pursuant to the latest filed Beneficiary Designation form, the Alternate Payee shall be treated as having predeceased the Participant. No portion of any remaining death benefit shall be payable to the Alternate Payee's estate. V. Procedure for Processing this QDRO 22. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 23. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 24. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. BY THE COURT: '` 3 8 101 Judge CONSENT TO ORDER: f C tAQ; led Op 3101( Melissa Peel Gmvy , F, Owus6me P Arun, F. :434545 Plaintiff/Participant - Pamela M. Wadlinger ? o C1 -r, a - Alternate ee - John S. Wadh ?.. z 3> 00 =C) Z 3 p? c:> 5;= z --iM o y -t 4