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HomeMy WebLinkAbout10-0527CS') ?.TLF ??!i5(aV LINDA L. TOOMEY, Plaintiff VS. CHARLES J. TOOMEY, JR., Defendant 2010 JA i' i o-: t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. /DrS?7c?t IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 a / f _so s add" y 7©, so fd-afri P--.236 7VI LINDA. L. TOOMEY, Plaintiff vs. CHARLES J. TOOMEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 7 IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. LINDA L. TOOMEY, Plaintiff vs. CHARLES J. TOOMEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. /D .- 7 C v? 1 IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LINDA L. TOOMEY, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LINDA L. TOOMEY, an adult individual who currently resides at 216 Shirley Lane in Boiling Springs, Cumberland County, Pennsylvania. 2. The Defendant is CHARLES J. TOOMEY, JR., an adult individual who currently resides at 216 Shirley Lane in Boiling Springs, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 20 June 1981 in Goshen, New York. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY 10. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 11. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 12. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV - ALIMONY PENDENTE LITE 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 14. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V - COUNSEL FEES AND EXPENSES 15. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 16. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 17. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. ?;ZDQUL Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). l? Date: -4 LINDA L. TOOMEY SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy C FRED-OFFIr"E )F THE P°O 11 Edward L Schorpp Solicitor 2010 FEB -8 AIM 11: 59 Linda L. Toomey vs. Charles J. Toomey, Jr. Case Number 2010-527 SHERIFF'S RETURN OF SERVICE 02/02/2010 09:15 PM - Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2010 at 2115 hours, he served a true copy of the within Complaint and Notice, upon the within named defendant, to wit: Charles J. Toomey Jr., by making known unto himself personally, at 216 Shirley Lane, Boiling Springs, Cumberland County, Pennsylvania 17007 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $33.84 February 04, 2010 SO ANSWERS, 9<4aY-?? FNNY R 'ANDERSON, SHERIFF By De ty Sheriff (c! Coun'y&'Ao Shell, Telen'soft. Inc. LINDA L. TOOMEY, Plaintiff vs. CHARLES J. TOOMEY, JR., Defendant IN THE COURT OF COMMOly' PLEAS OF CUMBERI~A.NI~,, COUNTY, PENNSYL~AN~ O ., CIVIL ACTION LAVV `'~~' ~' _~-;, ~~ N NO. 10-527 CIVIL 'PERM ~,~ IN DIVORCE .~~ ~ ~ `'~ _ - r, ~ ~, N.. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 25 January 2010 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl 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, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ,1 ~fl/E~ 2010 Dated: F1LEO-0FFfCE OF THE f ROT1KNOT R'," LINDA L. TOOMEY, Plaintiff vs. 2010 OCT 13 AM 10: 3 CUMBERLAND COUNT, i11 I% CHARLES J. TOOMEY, JR., ) Defendant ) PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-527 IN DIVORCE Please withdraw the claims for equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses previously filed on behalf of the Plaintiff in the above matter. Date: L- o& ?-D `t7 Samuel L. XKdes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 FILED-OFFICE F TGIF PRl1 ! ONOTAs'N;' 0 r 2010 OCT 13 AM 10: ^1 7 LINDA L. TOOME',UMBERLAND COUNT,.' Plaintiff IENNSYLVA NIA VS. CHARLES J. TOOMEY, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-527 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 25 January 2010 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a 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 01VORCE 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, lawyer's fees, or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. lo-71o Dated: Awe Or • 10rrk{ LINDA L. TOOMEY 0 LINDA L. TOOMEY, VS. CHARLES J. TOOMEY, JR., IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 10-527 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorcc, decree: c MUD 1. Ground for divorce: : m Irretrievable breakdown under § (3301(c)) and ,r- § (3301(dx 1)) of the Divorce Code. -G (Strike out inapplicable section.) 2. Date and manner of service of the complaint: 7" 2 February 2010 upon the Defendant. c 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff 7 October 2010 ; by defendant 1 August 2010 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: 1 August 2010 Date defendant's Waiver of Notice was filed with the Prothonotary: 7 October 2010 Attorney for Plaintiff/Defendant N C= n W a?• 3 C? --R ra ? C: r --a o C-) -n =F OM LINDA L. TOOMEY, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CHARLES J. TOOMEY, JR., No. 10-527 CIVIL TERM DIVORCE DECREE AND NOW, ~ G~abCr ~°~ ~.~ 1~ , it is ordered and decreed that LINDA L. TOOMEY, ,plaintiff, and CHARLES J. TOOMEY, JR., ,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. By the Court, Attest: J. Prothonotary ~ ~ G~~` l .: r `~ Linda L. Toomey Plaintiff VS. Charles J. Toomev, Jr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW - IN DIVORCE NO. 10-527 QUALIFIED DOMESTIC RELATIONS ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan that is qualified under Section 401 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last known address, Social Security number and date of birth of the plan "Participant" is: Name: Charles J. Toomey, Jr. ("Participant") Address: 216 Shirley Lane, Boiling Springs, PA 17007 Social Security Number: See Addendum Date of Birth: See Addendum ..~- 3. Alternate Payee Information: The name, last known address, Social Security number and date of birth of the "Alternate Payee" is: Name: Linda L. Toomey ("Alternate Payee") Address: 856 Marshall Drive, Carlisle, PA 17013 Social Security Number: See Addendum Date of Birth: See Addendum The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes to her mailing address subsequent to the entry of this Order. All Court Orders and correspondence should be sent to the Plan Administrator at the following address: Battelle Memorial Institute 505 King Avenue Columbus, OH 43201 Attn: Malesa A. Litteral, Plan Administrator f ~R ~ r 4. Plan Name: The name of the Plan to which this Order applies is the Battelle Employees' Savings Plan (hereinafter referred to as "Plan"). Further, 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,. shall also be subject to the terms of this Order. Also, any benefits accrued by the Participant udder a predecessor plan of the employer or any other defined contribution plan sponsored by the p'articipant's employer, where 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 Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. Amaunt of Alternate Payee's Benefit: This Order assigns to Alternate Payee an amount equal to 50% of the Participant's Total Account Balance accumulated under the Plan as of June 1, 2010 (or the closest valuation date thereto). Further, the Alternate Payee shall be entitled to any interest/earnings or losses that are attributable to her share of the Participant's account balance for periods subsequent to June 1, 2010, until payment is made. For purposes of calculating the Alternate Payee's share of the benefits, the Total Account Balance shall include all amounts maintained under all of the various accounts and/or subaccounts established on behalf of the Participant. In the event the Alternate Payee does not elect an immediate distribution, her share of the benefits described above shall be segregated and separately maintained in Account(s) established on her behalf and shall additionally be credited with any interest and investment income or losses attributable thereon from June 1, 2010, until the date of total distribution to the Alternate Payee. The Alternate Payee's portion shall be proportionately divided among the investment funds as Participant's account(s) are allocated as of the date the Order becomes qualified. To the extent that the Participant has amounts held in different investment funds, sub-accounts or tax status accounts, then a "pro rata" portion of the total amount of the Alternate Payee's benefits shall come from each such fund or sub-account of the Participant. From and after the date of establishment of the Alternate Payee's Account pursuant to the terms of this Order, the Alternate Payee's Account shall be administered under the Plan as an account separate and distinct from the' Participant's account thereunder. All payments to be made to the Alternate Payee under the (terms of this Order and under the provisions of the Plan shall be made only from the Alternate Pa~ee's Account and only as otherwise permitted under the provisions of the Plan. 8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee Iso elects, she shall be paid benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, including, but not limited to, a single lump sum cash payment. 9. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a Qualified Domestic Relations Order, but before the Alternate Payee receives her total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to plan beneficiaries, including, but not limited to, the rules regarding the right to designate a beneficiary for death benefit purposes, only to the extent permitted under the provisions of the Plan. 10. Death of Alternate Payee: In the event of Alternate Payee's death prior to her receiving the full amount of benefits called for under this Order and under the benefit option chosen by Alternate Payee, such Alternate Payee's beneficiary(ies), as designated on the appropriate form provided by the Plan Administrator, shall receive the remainder of any unpaid benefits under the terms of this Order, and in accordance with the benefit option selected by Alternate Payee. 11. Death of Participant: In the event that the Participant dies prior to the establishment of a separate Account in the name of the Alternate Payee, such Alternate Payee shall be treated as the surviving spouse of the Participant for any death benefits payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 7 of this Order. Should the Participant predecease the Alternate Payee after the new Account has been established on her behalf, such Participant's death shall in no way affect Alternate Payee's right to the portion of her benefits as stipulated herein. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefit option not otherwise provided under the terms of the Plan; b. to require the Plan to provide increased benefits determined on the basis of actuarial value; or c. to require the payment of any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order which was previously deemed to be a QDRO. 13. Cer!t~fication of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 14. Cor~tinued Qualified Status of Order: It is the intention of the parties that this QDRO continue~o qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amende 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. ,~ ~ ~ ~ 15. Tag'~eatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 16. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the exteht required to maintain its qualified status and the original intent of the parties as stipulated herein. Accepted and Ordered this ~~~h day of ~ ~ A~ L~ , 20 ~~ . BY THE COURT CONSENT TO ORDER: 9' o?~ij0 Plaintiff/Alternate Payee ate ~ `b / At orney for Plaintiff/ Dat Alternate Payee '~(aies ry~a.~ed l0l/9~/d Judge ~/.~%~ icipant -1,_ 1 /mod Attorney for Defendant/ Participant '~ N c:~ ~ ~T1 ~ ~ 1 =~ ---~ ..~, r -C~ ~ U~ dC7 ~~ ~t .'~~' C") t7 ~ Tf ~~ a rv `~` m -i -i G1 ~ ~ CT1 _.~ .1 ' ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Plan Administrator Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to the Plan Administrator when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Charles J. Toomey, Jr. Address: 216 Shirley Lane Boiling Springs, PA 17007 SSN: 023-46-9056 Date of Birth: September 22, 1957 Alternate Payee Information Name: Linda R. Toomey Address: 856 Marshall Drive Carlisle, PA 17013 SSN: 079-40-4426 Date of Birth: April 12, 1958 Participant Atttornev's Information Name: Thomas Clark, Esq. Address: Colgan Marzzacco, LLC 130 West Church St., Suite 100 Dillsburg, PA 17019 Phone Number: (717) 502-5000 Alternate Payee Attorney's Information Name: Samuel L. Andes, Esquire Address: 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17049 Phone Number: (717) 761-5361 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Battelle Memorial Institute Attn: Malesa A. Litteral, Plan Administrator 505 King Avenue Columbus, OH 43201 t -. rlt *~ Linda L Toomey Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V~. CIVIL ACTION -LAW - IN DIVORCE Charles J Toomiey Jr. NO. 10-527 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payees right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Charles J. Toomey, Jr. ("Participant") is a Participant in the Plan. Linda L. Toomey ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Charles J. Toomey, Jr. 216 Shirley Lane Boiling Springs, PA 17007 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Linda L. Toomey 856 Marshall Drive Carlisle, PA 17013 Social Security No.: See Addendum Date of Birth: See Addendum 7. The rticipant assigns to the Alternate Payee an interest in the Participant's disposable milit retired pay. The Alternate Payee is entitled to a direct payment in the amount specifie below and shall receive payments at the same time as the Participant. 8. The rticipant's rights under the Servicemembers' Civil Relief Act were observed by the Court as evi enced by the presence of his legal counsel at the proceedings. t ~, R !~~ 9. This Order assigns to Alternate Payee an amount equal to 49% of the Participant's disposable military retired pay under the Plan. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursdant to this Paragraph 9. 10. Payments to Alternate Payee shall commence as soon as administratively feasible following the date that this Order is approved by the appropriate Military Pay Center. 11. Paymjents shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's disposable military retired pay shall revert to the Participant. 12. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed the irrevocable beneficiary of the survivor's Survivor Benefit Plan ("SBP"), with the survivor's annuity based upon the Participant's gross military retired pay. The Participant shall make the necessary election in a timely manner to effectuate the SBP coverage for the Alternate Payees and shall execute such paperwork as is required. 13. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has riot been amended, superseded, or set aside by any subsequent order. 14. The Participant and the Alternate Payee acknowledge that they have been married for a period of more~'~~ than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on June 20, 1981, and separated on January 25, 201iJ. 15. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 16. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order for the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 17. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 18. If the {Participant takes any action that prevents, decreases, or limits the collection by the Alternate P ee of the sums to be paid hereunder, he shall make payments to the Alternate Payee directly i~the amount sufficient to neutralize, as to the Alternate Payee, the effects of the actions taken by the Participant. 19. The P rticipant agrees to cooperate with the Alternate Payee to prepare an application for direct payme t to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Sec ion 1408. The Participant agrees to execute all documents that the appropriate Military Pay Ce ter may require to certify that the disposable military retired pay can be provided to the Alternate Payee. i ~. .~,~ ~~ 20. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-HGAICy`L, Garnishment Operations, P.O. Box 998002, Cleveland, Ohio 44199-8002 and to DFAS, U.S.1Vi[ilitary Retired Pay, P.O. Box 7130, London, KY 40742-7130. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all ~iecessary efforts to obtain any of this information that the Alternate Payee is unable to obtains. a. A certified copy of the Divorce Decree. b. A certified copy of this Domestic Relations Order. c. A copy of the Marriage Certificate of Mr. and Mrs. Toomey. d. An executed copy of Form 2656-1 entitled "Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage." e. An executed copy of Form 2293 entitled "Application for Former Spouse Payments From Retired Pay." 21. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the awa~hd to the Alternate Payee of the military retirement benefits awarded herein. Accepted and Ordered this ~~~ day of ~~. c.~O~t~f , 201Q.. BY THE COURT Judge CONSENT TO ORDER: Plaintiff/Alternajte Payee Date efendant/P icipant Date `~p ~ ~~ ~Z t/ f d f D ~ /~~ D t orney far Pl ntiff! Date ~ e en an or Attorney a e Alternate Payee I Participant ~ ~ ~ -~~, `2~ 0 / q 110 C©pe~s tea- 1 ~ r ~~' ~? °~~ ~ -~7 ~ ':',-_ ~~ .. ~~~- ~~ ~~ ~: =~~ ~ o;; ~~ ~:_ s Z.C. 1J ~ry`i --t c.a -t c3~ ~ -.c .~, ~. t ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Plan Administrator Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to the Plan Administrator when submitting the court certified copy of the Domestid Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Charl1es J. Toomey, Jr. Address: X16 Shirley Lane Boiling Springs, PA 17007 SSN: 023-46~-9056 Date of Birth: September 22, 1957 Alternate Pavee Information Name: Linda R. Toomey Address: 856 Marshall Drive Carlisle, PA 17013 SSN: 079-40-4426 Date of Birth: Apri112, 1958 Participant t~ttorney's Information Name: Thomas Clark, Esq. Address: Colgan Marzzacco, LLC X30 West Church St., Suite 100 ]Dillsburg, PA 17019 Phone Number: (717) 502-5000 Alternate Pavee Attorneys Information Name: Samuel L. Andes, Esquire Address: 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Phone Number: (717} 761-5361 The court cei±tified copy of the Domestic Relations Order and this Addendum should be sent to: DFAS-HGA/CL Garnishment Operations P.O. Box 998002 Cleveland, OH 44199-$002 DFAS US Military Retirement Pay P.O. Box 7130 London, KY 40742-7130 Linda L. Toomey IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW - IN DIVORCE Charles J. Toomjey, Jr. NO. 10-527 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payees right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). 2. This laRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Thrift Savings Plan ("Plan") and any successor thereto. Charles J. Toomey, Jr. ("Participant") is a Participant in the Plan. Linda L. Toomey ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Charles J. Toomey, Jr. 216 Shirley Lane Boiling Springs, PA 17007 Social Security No.: See Addendum Date of Birth: See Addendum are: 6. The Ajlternate Payee's name, mailing address, Social Security number and date of birth Linda L. Toomey 856 Marshall Drive Carlisle, PA 17013 Social Security No.: See Addendum Date of Birth: See Addendum It is tie responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at''~ all times. 7. This Order assigns to Alternate Payee an amount equal to 50% of the Participant's total account balance iaccumulated under the Plan as of June 1, 2010. The Alternate Payee's award shall be increaseld for earnings from June 1, 2010, to the date of distribution using the rate of earnings on the ~ Fund administered by the Thrift Savings Plan for the period June 1, 2010, until the date of distribution. In no event shall the Alternate Payee receive more than the Participant's vested account bialance on the date of distribution. 8. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment (in the form of atax-deferred rollover to an IRA or eligible retirement plan, if so elected by the Alternate''Payee on forms supplied by the Thrift Savings Plan Administrator). 10. All pa~nnents made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 11. This IjRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This IRO does not require the Plan to provide increased benefits. 13. This I71R0 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. 14. In the 'event that the Plan inadvertently pays to the Participant any benefits that are assigned to the A~ternate Payee pursuant to the terms of this order, the Participant shall immediately rei~:burse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of ~+eceipt. In the event 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 immiediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 15. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. 17. In the event the Participant predeceases the Alternate Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated herein. If applicdble, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her' assigned interest hereunder. 18. If the participant takes any action that prevents, decreases or limits the collection by Alternate Payee ~'of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amlount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Particiiant. ,' i 19. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to aihaend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. EXECUTED this ~]~ day of ~ cr~0~ Ct' Z.~~~• CONSENT TO ORDER: ~, 9' .Z a~u/o Plaintiff/Alternate Payee D to / 2~ 2~,~ Attorney or Pl 'ntiffl Da Alternate Payee Copes n~a..~l~ /of i9/~~ f~~ V ~ 3~'`a Defendant/r rticipant ate f / ~ 30 <<] Attorney for Defendant/ Date Participant r-s ,.~ ~a -ri -~; ~1t17 ~, '•~'.Tl ~ C" _ ,. ~ ~ rte' .~ c~ ~~ ~ -~ o ;~.` Q~ ~; G.9 ~ --< ~~ ~ BY THE COURT '~ ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to the Thrift Savings Plan Onlv Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to the Thrift Savings Plan when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Char~es J. Toomey, Jr. Address: X16 Shirley Lane Boiling Springs, PA 17007 SSN: 023-469056 Date of Birth: September 22, 1957 Alternate Payee Information Name: Linda R. Toomey Address: 856 Marshall Drive Carlisle, PA 17013 SSN: 079-40-4426 Date of Birth: April 12, 1958 Participant A~ttorneds Information Name: Thomas Clark, Esq. Address: Colgan Marzzacco, LLC X30 West Church St., Suite 100 I~illsburg, PA 17019 Phone Number: (717) 502-5000 Alternate Pavee Attorney's Information Name: Samuel L. Andes, Esquire Address: 525 North Twelfth Street P.O. Box 168 Lemoyne, PA 17043 Phone Number: (717) 761-5361 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: TSP Legal Processing Unit CODIS - P.O. Box 4390 Fairfax, VA 22038-4390 FAX # (703) 592-0151