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HomeMy WebLinkAbout10-1150 20?0 FES ! s ; „I : . ;N Y THE COURT OF COMMON PLEAS OF JAMES J. GAROFALO, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW BARBARA M. GAROFALO, NO. 10 - I ISC) CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. 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 Phone: (717) 249-3166 or (800) 990-9108 V3S,2.cb IcLL (2K--t/ 3`/9' ???''?' aZ 3 '773 ? JAMES J. GAROFALO, Plaintiff V. BARBARA M. GAROFALO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 16 - fIS'd CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is James J. Garofalo, an adult individual currently residing at 1780 Autumnwood Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Barbara M. Garofalo, an adult individual currently residing at 1780 Autumnwood Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 6, 1979, in Cambria County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, 4ttorney Gr' ie, Esquire for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 unworn falsifications to authorities. DATE: o? 17 0 J? ? GL IAr ES J. GA F O, Pla tiff JAMES J. GAROFALO, Plaintiff v. BARBARA M. GAROFALO, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-1150 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Bradley L. Griffie, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Barbara Garofalo, at her address of 1780 Autumnwood Drive, Mechanicsburg, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on February 22, 2010. Sworn and subscribed;tp before~e this `~-day of ~~'lY"U~r,/- nr .2010. le riffs ,Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 ~ ,r ~ r,.> ~ i_~ ~" _ C~ ' T'{ ~ AR PUBLIC `rJ c ;; ~ ~ ,, c~ ~ ~ i t ~ '~ i~~- ~ ' .- T~ .~~ ( ~~ i ~~ ~ ~'. t t J ~~~ `l Ci"? t_. ~'_ ~~ $,i ~~ .~~ - ~- .~ m ra. • ' ~ -.- . .•. ~ - - T e ~ • ~ ~ • .~..... ~ ~ ~ Postage $ ~ R L ~ r7! ~~~ Certified Fee G ,5~~ O Retum Receipt Fee ~ ~iW°ik `p p (Endorsement Required) O CGN81B'! ~y O Restricted Delivery Fee R7 v O (Endorsement Required) 0~ n.l Total Postage 8 Fees ~ 8666~~ti t7 ~ ent o o -------- ---~,.~~.-t.a. ~cuo O Street, Apt. No.; .-~ -------°- -° ----°------ ~-----°-- --- ---------- /~ ---- orP08oxNo. ~`'~V/\-/ ri, ,~, ~n`_ 1 aQ ~,( ~~ City; State, ZIP+4 ^ Complete Rams 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: / 1 ,~~ V~~lw Tug /ZED ~!u~ur~n~oo~-~J'+. i•~-e sd~,PA nosh A. Sig ure X B. Received by VRG Pq ~ D. Is deliv rase different trorr~ Yes ff YES, r delivery address Belo .~ F~022 L Q~ 3. Ice Type Certified Mell ^ Express Mall Registered , O Return Receipt for O Insured Mail ^ C.O.D. 4. Restricted Deliver~/~ (Extra Fee) Yes O Agent ^ Addresses -Date of Delivery 2. Article Number ~ ` (Trans/erfromservl~labe~ 727 0222 0202 2526 5738 PS Form 3811, February 2004 Domestic Return Receipt iozsss-oz-M-ts4o r{ e to I'• kil i rev $$ ' i V,n, t , 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 JAMES J. GAROFALO, Plaintiff V. BARBARA M. GAROFALO, Defendant NO. 10-1150 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION TO RAISE DEFENDANT'S CLAIMS FOR EQUITABLE DISTRIBUTION PURSUANT TO Pa. R.C.P. 1920.15(b), ALIMONY PENDENTE LITE, ALIMONY AND COUNSEL FEES, COSTS AND EXPENSES AND NOW, comes the Defendant, BARBARA M. GAROFALO, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files this Petition to Raise Defendant's Claims for Equitable Distribution Pursuant to Pa. R.C.P. 1920.15(b) and in support of her Petition avers as follows: COUNT H - EQUITABLE DISTRIBUTION 1. Plaintiff is James J. Garofalo, an adult individual currently residing at 9351 Mountain Road, Port Royal, Juniata County, Pennsylvania. Attorneys for Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA a.? s X18.56 Pd c?- 4 2. Defendant is Barbara M. Garofalo, an adult individual currently residing at 1780 Autumnwood Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. A Complaint in Divorce in this matter was filed with the Court on February 18, 2010. 4. Plaintiff and Defendant have legally and beneficially acquired certain real and personal property during their marriage. 5. The parties have not yet, but may, enter agreements for the resolution of their divorce and equitable distribution. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY PENDENTE LITE 6. The Defendant is without sufficient income and assets to provide for her needs. 7. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the parties' marriage. 8. Plaintiff has discontinued depositing his pay check in the parties' joint bank account. 9. Defendant is unable to sustain herself during the course of litigation. 10. The Plaintiff in this action is gainfully employed and is financially able to pay Defendant a reasonable amount of alimony pendente lite. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV- ALIMONY 11. Defendant incorporates herein by reference, the allegations set forth in Paragraphs 6 through 8 inclusive, of the Petition as if the same were set forth herein at length. 12. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through her current employment. 13. Defendant requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. 14. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Defendant and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, the Defendant respectfully requests the Court enter an award of alimony in her favor, pursuant to Section 3701 of the Divorce Code. COUNT V - COUNSEL FEES, COSTS AND EXPENSES 15. The Defendant has retained an attorney to represent her in this action and has agreed to pay a reasonable fee. 16. The Defendant is not financially able to meet the expenses and costs involved in connection with this action, or the fees to which her attorney will be entitled in this case. 17. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that after final hearing, the Court order the Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, the Defendant respectfully requests that your Honorable Court enter an award of counsel fees, costs and expenses as are deemed reasonable and appropriate pursuant to Section 3702 of the Divorce Code. Respectfully submitted, JO DUFFIE, STEWART & WEIDNER 0 Melissa Peel Greevy :464985 VERIFICATION I, BARBARA M. GAROFALO, verify that the statements made in the foregoing Petition To Raise Defendant's Claims for Equitable Distribution Pursuant To Pa. R.C.P. 1920.15(b), Alimony pendente lite, Alimony and Counsel Fees, Costs and Expenses 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: /4 0? s o'z oil BARBARA M. GAROFALO CERTIFICATE OF SERVICE AND NOW, this d- (?? day of (9Gf0 )ber , 2011, the undersigned does hereby certify that she did this date serve a copy of the foregoing Petition To Raise Defendant's Claims for Equitable Distribution Pursuant To Pa. R.C.P. 1920.15(b), Alimony pendente lite, Alimony and Counsel Fees, Costs and Expenses upon the counsel for the Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Marylou Matas, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 JO SON, UFFIE, STEWART & WEIDNER ?Iz MELISSA PEEL GREEVY :464985 .? j INCOME WITHHOLDING FOR SUPPORT M_kk5D CI V k L O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT (IWO) 22?? -t p Q AMENDED IWO 5?l J I Z 1? O O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT n TERMINATION OF IWO Date: 12/29/11 ? Child Support Enforcement (CSE) Agency ® Court ? Attorney ? Private Individual/Entity (Check One) NOTE: This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender (see IWO instructions httg:t/www acf hhs govtprograms/csetnewhire/employer/publication/publication htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Keminance ioenpner tmcwpe wipaymuny. . f gu i usru p City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) NATIONAL FINANCE CENTER PO BOX 60000 NEW ORLEANS LA 70160-0001 Custodial Party/Obligee's Name (Last, First, Middle) Employer/Income Withholder's FEIN Child(ren)'s Name(s) (Last, First, Middle) See Addendum for dependent names and birth dates associated with cases on attachment. r- ? ORDER INFORMATION: This document is based on the support or withholding order from CU r--a -V t MI n Commonwealth of Pennsylvania (State/Tribe), You are required by law to deduct these amount s tlh em e, obligor's income until further notice. Z Z -ors n $ 0.00 per month in current child support c ort - Arrears 12 weeks or greater? O y no child su 00 0 th i t d , pp $ . per mon n pas - ue $ 0.00 permonth in current cash medical support r° y c_? $ 0.00 per month in past-due cash medical support $ 575.00 per month in current spousal support C 37 $ 0.00 per month in past-due spousal support $ 0.00 per month in other (must specify) for a Total Amount to Withhold of $ 575.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ L32.0 per weekly pay period. $ 287.50 per semimonthly pay period (twice a month) $ 2-(p5, 3 $ per biweekly pay period (every two weeks) $ 575.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs en (10) working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe), obtain withholding limitations, time requirements, and any allowable employer fees at http://www acf hhs gov/programs/cse/newhire/employ'er/contacts/ contact map.htm for the employee/obligor's principal place of employment. Child(ren)'s Birth Date(s) RE: GAROFALO, JAMES J. Employee/Obligor's Name (Last, First, Middle) 167-48-4529 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) E: This IWO must be regular on its face, r certain circumstances you must reject this and return it to the sender (see IWO employer/publication/publication.htm - forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. Document Tracking Identifier Service Type M OMB No.: 0970-0154 Form EN-028 11/11 Worker ID $IATT ? Return to Sender [Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5) and (b)(6) or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box fntd"MtMo the IWO to the sender. 1001- Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: Edb_)O_r-d C. Guido -= Title of Judge/Issuing Official: Date of Signature: 12 - I If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy of this IWO must be provided to the employee/obligor. ? If checked, the employerrncome withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Emp/oyee/Obilgor's Case /dendrier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http:liwww acf hhs goy/2maramstcse/newhiM&mptdy-er/contacts/conta t- al2,htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employ,ge/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the'payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the "Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State (or Tribal law if applicable) of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this iWO. OMB Expiration Date - 05/31/2014. The OMB Expiration Date has no bearing on the termination date of the IWO; it identifies the version of the form currently in use. Form EN-028 11/11 Service Type M Page 2 of 3 Worker ID $IATT r .1 .J Employer's Name: NATIONAL FINANCE CENTER Employer FEIN: Employee/Obligor's Name: GAROFALO JAMES J. CSE Agency Case Identifier: (See Addendum for case summary) Order Identifier: (See Addendum for ordeddocket information) Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673(b)); or 2) the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment (see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions; and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family. However, those limits increase 5% - to 55% and 65% - if the arrears are greater than 12 weeks. if permitted by the State or Tribe, you may deduct a fee for administrative costs. The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State or Tribal law, you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks? If the Order Information does not indicate that the arrears are greater than 12 weeks, then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you a no longer withholding income for this employeelobligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: Q This person has never worked for this employer nor received periodic income. Q This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known address: Last known phone number: Final Payment Date To SDU/Tdbal Payee: New Employer's Name: New Employer's Address: Final Payment Amount: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (17) 240-6248, by email or website at: www.childsupoort.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE. PA. 17013 (Issuer address). To Emg_loyee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT (Issuer name) by phone at (717) 240-6225, by fax at (717)740-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT: The person completing this form is advised that the information may be shared with the employee/obligor. Service Type M OMB No.: 0970-0154 Page 3 of 3 Form EN-028 11/11 Worker ID $IATT ADDENDUM_ SUMMACY Of Cases o Defendant/Obligor: GAROFALO, JAMES J. PACKS Case Number 530112738 PACSES Case Number Plaintiff Name Plaintiff Name BARBARA M.GAROFALO Docket Attachment Amount Docket Attachment mount 10-1150 CIVIL $ 575.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-028 11 /11 Service Tvt)e M OMBNO.:09700154 Worker ID $IATT 41 JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1150 CIVIL TERM, BARBARA M. GAROFALO, CIVIL ACTION - LAWS Defendant IN DIVORCE NOTICE TO DEFEND TM N) You have been sued in court. If you wish to defend against the claims' set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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, PA 17013 (717) 249-3166 or 800-990-9108 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Ma'f?loi?Natas, Esquire Attorney Id. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 3 a1-7 10 .1?->- JAMES J. GAROFALO, Plaintiff V. BARBARA M. GAROFALO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1150 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR EQUITABLE DISTRIBUTION AND NOW, comes the Petitioner, James J. Garofalo, by and through his counsel, Marylou Matas, Esquire and the law firm of Saidis, Sullivan & Rogers and Petitions this Honorable Court as follows: 1. Plaintiff is James J. Garofalo, an adult individual currently residing at 9351 Mountain Road, Port Royal, Pennsylvania. 2. Defendant is Barbara M. Garofalo, an adult individual currently residing at 1780 Autumnwood Drive, Mechanicsburg, Cumberland County, County, Pennsylvania. 3. The parties hereto are Husband and Wife having been joined in marriage on October 6, 1979, in Cambria County, Pennsylvania. 4. Plaintiff herein filed a Complaint in Divorce on or about February 18, 2010. 5. During their marriage, the parties have acquired certain property, both Law Offices of Saidis Sullivan &. Rogers 26 West High Street Carlisle, PA 17013 personal and real. 6. The parties have not reached an agreement regarding the distribution of their property. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide the marital property of the parties. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS r Marylou , Esquire 26 West High Street Carlisle, PA 17013 Dated: 69/ Z'0 zP ( Z (717) 243-6222 Counsel for Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsifications to authorities. J *es J. Garo t)'J Date: Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 JAMES J. GAROFALO, Plaintiff V. BARBARA M. GAROFALO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1150 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 I, Marylou Matas, Esquire hereby certify that on this Zdday of June, 2012, a true and correct copy of the within document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Melissa P. Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant SAIDIS, SULLIVAN & ROGERS 1? -1 if j Nfd j!o)a' tas, EsgOTre Supreme urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 JAMES J. GAROFALO, Plaintiff V. BARBARA M. GAROFALO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1150 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER James J. Garofalo, Petitioner, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property (Equitable Distribution) ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, appeared in the action and is represented by counsel, Melissa Greevy. (3) The statutory ground for divorce is §3301 (c) and 3301 (d) (4) Delete the inapplicable paragraph(s). (a) An agreement has been reached with respect to the following claims: NONE. (b) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take: One day (7) Additional information, if any, relevant to the motion: Law Offices of Sa.idis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 SAIDIS, SULLIVAN & ROGERS Date: 711 r1 1 zo t-L m a as, Esquire Attorney .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff -V,:x rT? !^J N O "C 4J s:_I G7 -*? .d° rv_ JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1150 CIVIL TERM BARBARA M. GAROFALO, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire hereby certify that on this IY day of July, 2012, a true and correct copy of the within document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Melissa P. Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant SAIDIS, SULLIVAN & ROGERS ) tl C'?aa-Its ct 'L/ MaryW M", Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 JAMES J. GAROFALO, Plaintiff V. BARBARA M. GAROFALO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1150 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER APPOINTING MASTER AND NOW, this aye day of QyAj? , Esquire, is appointed master with respect to the claims: Divorce and Distribution of Property. BY THE COURT, cc: /Melissa Peel Greevy, Esquire Johnson Duffle 301 Market Street P.O. Box 109 Lemoyne, PA 17043 Counsel for Defendant Marylou Matas, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Counsel for Plaintiff lkadeel x, -7 A A AU J w J t 7 M y : ' BC D cif .. , . 2012, lowing J. JAMES J. GAROFALO, Plaintiff : V. BARBARA M. GAROFALO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVA NO. 2010-1150 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER James J. Garofalo, Petitioner, moves the court to appoint a master with following claims: (X) Divorce (X) Distribution of Property (Equitable C ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, appeared in the action and is represented by counsel, N Greevy. (3) The statutory ground for divorce is §3301 (c) and 3301 (d) (4) Delete the inapplicable paragraph(s). (a) An agreement has been reached with respect to the following claims: NONE. (b) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take: One day (7) Additional information, if any, relevant to the motion: SAIDIS, SULLIVAN & ROGERS Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 Date: ?_6 t Z _ ' Atta orneu y .s, Esquire 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff c 1 N r- CO C-; =c l CA) NIA to the -t~ C;l i -r ;r- JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1150 CIVIL TERM BARBARA M. GAROFALO, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire hereby certify that on this ly ? day of July, 2012, a true and correct copy of the within document was served upon the party listed below, vi First Class Mail, postage prepaid, addressed as follows: Melissa P. Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant SAIDIS, SULLIVAN & ROGERS Mary1ad Mt , Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle, PA 17013 i�iEP,? j JAMES J. t ��, AN to: 5;) ; IN THE COURT OF COMMON PLEAS CGU PI�BERLAtV[1 �� r` CUMBERLAND COUNTY, PENNSYLVANIA t� ' PENNSYLVANIA V. NO. 2010-1150 CIVIL TERM BARBARA M. GAROFALO, CIVIL ACTION— LAW Defendant IN DIVORCE PRAECIPE T©WrrHQRAWAL EQUITABLE UTI LAIM To the Prothonotary: Kindly withdrawal the count for equitable distribution in the above captioned matter. SAIDIS, SULLIVAN & ROGERS Date: �1�/.� a tas, Esgw Suprem ourt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 THE f'RQTIO . t 2013 APR 16 AM 10: 4 cj CUMBERLAND Cow,44 j ,` PENNSYLVANIA Johnson, Duffle, Stewart&Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. NO. 10-1150 CIVIL TERM CIVIL ACTION — LAW BARBARA M. GAROFALO, IN DIVORCE Defendant PRAECIPE TO THE PROTHONOTARY: Please mark as withdrawn and discontinued the Defendant's claims for equitable distribution, alimony, and counsel fees, costs and expenses, as set forth under Counts 11 and V of the Petition to Raise Defendant's Claims for Equitable Distribution Pursuant to Pa. R.C.P. 1920.15(b), Alimony Pendente Lite, Alimony and Counsel Fees, Costs and Expenses, filed herein on October 26, 2011. Please make the withdrawal of the Count for alimony pendente lite to be effective the date of the Entry of the Decree in Divorce. Date: � G Melissa P. Greevy CERTIFICATE OF SERVICE I, Melissa P. Greevy, Esquire, do hereby certify that on the �lY�" Y da of April, 2013, 1 served a true and correct copy of the foregoing Praecipe upon the counsel of record by depositing same in the United States Mail, first-class postage prepaid, at Lemoyne, Pennsylvania; addressed as follows: Marylou Matas, Esquire Saidis, Sullivan & Rogers 26 West High Street Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER MELISSA P. GREEVY :551312 I i JAMES J. GAROFALO, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1150 CIVIL TERM BARBARA M. GAROFALO, CIVIL ACTION—LAW Defendant IN DIVORCE MOTION TO WITHDRAW APPOINTMENT OF MASTER AND NOW, comes James J. Garofalo by and through his counsel, Marylou Matas, Esquire of Saidis, Sullivan & Rogers, and moves this Honorable Court as follows: 1. The parties hereto are husband and wife having been joined in marriage on October 6, 1979, a Complaint in Divorce having been filed with the Court on February 18, 2010. 2. On July 20, 2012, Plaintiff filed a Motion for the Appointment of the Master and on July 24, 2012, E. Robert Elicker, 11, Esquire was appointed Master with regard to the claims of divorce and equitable distribution. 3. The parties have entered into a Marital Settlement Agreement resolving all outstanding economic claims and have signed Consents for the entry of a Decree in Divorce. 4. As all matters presented to the Master for determination have been resolved, the Master's appointment may be withdrawn. 5. Respondent is represented by Melissa Greevy, Esquire who concurs in the relief requested. WHEREFORE, Movant prays this Honorable Court to withdraw the appointment of E. Robert Elicker, 11, Esquire in the captioned case. Law Offices of Saidis SAIDIS, SULLIVAN & ROGERS Su ivan Date: ' &Rogers Mary) s, Esquire 26 West High Street Attorney I . 919 Carlisle,PA 1701 26 West High Street ► rn ? Carlisle, PA 17013 Cn (717)243-6222 F-<, cry CD Counsel for Plaintiff c +e Mb JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1150 CIVIL TERM BARBARA M. GAROFALO, CIVIL ACTION—LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire hereby certify that on this day of April, 2013, a true and correct copy of the within document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Melissa P. Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Counsel for Defendant SAIDIS, SULLIVAN & ROGERS 't r Marylo , Esquir Supreme C&LA ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010-1150 CIVIL TERM .j� BARBARA M. GAROFALO, CIVIL ACTION— LAW Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT " � `'_ 1. A Complaint in Divorce under§ 3301(c) of the Divorce Cod(AZ filed FebtUary 18, .W.t 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct 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: 4-1 Li I _ J j s J. Gar lo, laintiff PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 W 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. Law Offices of Saidis 3. 1 understand that 1 will not be divorced until a Divorce Decree is entered by the Court Sullivan and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. & Rogers I verify that the statements made in this Affidavit are true and correct to the best of my 26 West High Street Carlisle,PA 17013 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: ! - Ja-Lts J. G fal , Plain iff PP PE A V1j 0, - Johnson, Duffie, Stewart&Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 10-1150 CIVIL TERM V. CIVIL ACTION — LAW BARBARA M. GAROFALO, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under.Section 3301(c) of the Divorce Code was filed on February 18, 2010. 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 3309(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 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. Dater BARBARA M. GAROFALO, Defen " t :551473 JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY;PENN YLANI . V. NO. 2010-1150 CIVIL TE r- BARBARA M. GAROFALO, CIVIL ACTION —LAW Defendant IN DIVORCE --.. Y . "r.-E5 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: February 18, 20.10 accepted service of the Complaint on February 22, 2010, via certified restricted mail. Proof of service was filed with the Court on February 25, 2010. 3. Date Affidavit of Consent required under Section 3301(c)or(d) of the Divorce Code was signed: By Plaintiff: April 16, 2013, and filed with the Prothonotary on April 16, 2013. By Defendant: April 16, 2013, and filed with the Prothonotary on April 16, 2013. 4. Related claims pending: Resolved by the Marital Settlement Agreement dated April 16, 2013. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: April 16, 2013, and filed with the Prothonotary on April 16, 2013. By Defendant: April 16, 2013, and filed with the Prothonotary on April 16, 2013. Law Offices of Saidis SAIDIS, SULLIVAN & ROGERS Sullivan & Rogers 26 West High Street Carlisle,PA 17013 Maryl , a , Esquire Supreme Coun ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James J. Garofalo V. Barbara M. Garofalo NO, 2010-1150 DIVORCE DECREE aP AND NOW, I'1 , it is ordered and decreed that James J. Garofalo , plaintiff, and Barbara M. Garofalo , 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.") Marital Settlement Agreement dated April 16, 2013, is incorporated but not merged. By the oe , Attest: J. Prothonotary C'�rt. Cop MoL 16d -lo Mary Loo Ma&s, Norkee p� rna�led atti( Gr�v Y a ' Loll FIL ED OFF ICE' OF THE PR0TH0t10T/k-,y 2013 JUN 18 AN 8: ,5g James J. Garofalo IN THE COURT OF COMMON PLEAS OF Plaintiff %Ovi PENIULnLNnU L-UUffl -Jr CUMBERLAND COUNTY, PENNSYLVANIA SYLVAiA NIA VS. CIVIL ACTION - LAW IN DIVORCE Barbara M. Garofalo NO. 2010-1150 CIVIL TERM Defendant QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this 7Mday of wwc-- 201, based on the findings set forth in items one through five, IT IS NOW HEREBY ORDERED, ADJUDGED AND DECREED in items six through twenty-one: 1, Parties: The parties hereto are husband and'wife, and a divorce action is pending in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on October 6, 1979, and separated in October 2009. 2. 'Participant Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: James J. Garofalo 9351 Mountain Road Port Royal, PA 17082 Social Security No.: 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" are: Barbara M. Garofalo 1780 Autumnwood Drive Mechanicsburg, PA 17055 Social Security No.: See Addendum Date of Birth: See Addendum The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order, 4. Plan Name. The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's-rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law. This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights, This Order relates to the provisions of marital property rights between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit. This Order assigns to the Alternate Payee an amount equal to 100.0% of the Participant's total account balance accumulated under the Plan as of December 31, 2012, or closest valuation date thereto ("Valuation Date"). The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from the Valuation Date until the date of total segregation/distribution to the Alternate Payee. The Alternate Payee's benefit herein awarded shall in no event exceed the P6rticipant's vested account balance on the date of account segregation. The obligation to repay any Participant Plan loan(s) from and after the date of this Order remains solely with the Participant. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant, excluding any participant loan sub-accounts. Such benefits shall also be segregated and separately maintained in a non-forfeitable Account(s) established on behalf of the Alternate Payee. This Account(s) will initially be established proportionately in the same core investment options as the Participant account. Alternate Payee may make investment selections as and when permitted under the terms of the Plan. Alternate Payee's account shall experience gains and/or losses according to the investment experience of the investment options in which Alternate Payee's share is invested. 9. Commencement Date and Form of Payment to Alternate Payee. If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or section 414(p) of the Cod,e, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the plan. 10. Alternate Payee's Rights and Privileges. On and after the-date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee. In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 2 a. 12. Death of Participant. Should the Participant predecease the Alternate Payee, such Participant's death shall in.no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefit or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; C. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any Federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under section 414(p) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under This Order. For purposes of sections 402(a)(1) and 72 of the Code; or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate Federal income tax on such distribution. 17. Parties Responsibilities in Event of Error. In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination. In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction. The Court retains jurisdiction-over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Notice of Pending Retirement. In the event that the terms of the Plan require the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming-eligible to receive a distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following such termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in mailing address. 21. Fee. A processing fee of$250.00 shall be charged 100%against the Alternate Payee's account. BY THE COURT. Judge IA 4�&11 ,11dV4( L2&, &6 laintiff/PaqiciVant 6ate befe-ndan-t/Alternal:6 Payee- Da e aw 2zqym2 .Attor�aeyj�Plaintif)V—� Date Attorney for Defendant) Date Participan Alternate Payee Co i"e-S fiz;t Lei, I Di R44y M . COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA James J. Garofalo Plaintiff CIVIL ACTION - LAW vs. IN DIVORCE Barbara M. Garofalo NO. 2010-1150 CIVIL TERM Defendant STIPULATION FOR THE ENTRY OF "DOMESTIC RELATIONS ORDER" &A . #181 AND NOW, this I 7��day of 1!7�1� 1;ko/t= V , the parties, James J. Garofalo, Plaintiff and Barbara M. Garofalo, Defendant, do hereby Agree and Stipulate as follows: 1. The Plaintiff, James J. Garofalo (hereinafter referred to as "Member"), is a member of the Commonwealth of Pennsylvania, State Employees' Retirement System (hereinafter referred to as 11SERS11). 2.' SERS, as a creature of statue, is controlled by the State Employees' Retirement Code, 71 Pa. C.S. §§5101-5956 ("Retirement Code"). 3. Member's date of birth and Social Security number are contained in the attached Addendum. 4. The Defendant, Barbara M. Garofalo (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth and Social Security number are contained in the attached Addendum. 5. Member's last known mailing address is: C-) Z3 r-q CO c- 9351 Mountain Road Port Royal,-PA 17082 co Cp T 6. Alternate Payee's current mailing address is: C) 1780 Autumnwood Drive tq > Mechanicsburg, PA 17055 It is the responsibility of the Alternate Payee to keep a current mailing address on file with SERS at all times. 7. The Alternate Payee is entitled to a portion of the Member's benefits under SERS as set forth below. SERS is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 8. The Member is currently receiving a monthly annuity for his lifetime pursuant to the terms of Option 3 with the Alternate Payee as survivor annuitant. Member waives his right to change his option selection by virtue of his divorce. 9. The Alternate Payee is awarded 20.0% of the Member's gross monthly annuity together with the Option 3 survivor annuity. The Alternate Payee shall receive 20.0% of any scheduled or ad hoc increase that is applied to Member's gross monthly annuity. 10. Payments to the Alternate Payee shall commence as soon as administratively feasible on or about the date SEhS approves a Domestic Relations Order incorporating this Stipulation and Agreement. 11. Payments shall continue to Alternate Payee for the remainder of the Member's lifetime. 12. If the Member dies before the Alternate Payee, the Alternate Payee shall be provided a survivor benefit in accordance with Option 3 elected by the Member upon his retirement. Member reaffirms his selection of Alternate Payee as his survivor annuitant and waives his right to select a new survivor annuitant by reason of his divorce from the Alternate Payee. 13. If the Alternate Payee dies before the Member, the Alternate Payee's share of the member's pension shall be paid to the Alternate Payee's estate for the lifetime of the Member. 14. Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's retirement account. Alternate Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that she has been and continues to be named as the survivor annuitant under Option 3. 15. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 16. In no event shall Alternate Payee have greater benefits or rights other than those which are available to Member. Alternate Payee is not entitled to any benefits not otherwise provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Order. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Order are preserved for Member. 17. It is specifically intended and agreed by the parties hereto that this Order: (a) Does not require SERS to provide any type or form of benefit, or any option not otherwise provided under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to Member based upon cost of living or increases based on other than actuarial values. 18. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 19. The Court of Common Pleas of Cumberland County, Pennsylvania, shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that no such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that no such amendment or right of the Court to so amend will invalidate this existing Order. 20. Upon entry as a'Domestic Relations Order, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. The Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until further Order of the Court. ir WHEREFORE, the parties, intending to be legally bound by the terms of this Stipulation and Agreement, do hereunto place their hands and seals. BY T URT P intiff/M b DefendanUAlternate Payee a-,,Oca -�i L-4, �-�a Att6;n o61a�intiff&kinl:er Attorney for Defendant/Alternate Payee A=l !'Z • nZ��s y 4 V JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS _ Plaintiff CUMBERLAND COUNTY,PENNSYI-i =IA-a MW C= V. NO. 2010-1150 CIVIL TERM C) BARBARA M. GAROFALO, CIVIL ACTION—LAW Defendant IN DIVORCE �� =—t'-, QUALIFIED DOMESTIC RELATIONS ORDER - W This cause came before the Court for entry of a Qualified Domestic Relations Order as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any successor statute thereto (the "Code"). As the terms of this Order have been stipulated and agreed to by the parties, and the. Court has been fully advised thereof, IT IS HEREBY ORDERED AS FOLLOWS: 1: Background. This Order pertains to the Jackson National Life Insurance Company; Perspective 1I Fixed and Variable Annuity, (hereinafter referred to as the "Plan"); is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and,Section 206(d)(3) of ERISA, as amended. This Order relates to the equitable division of martial property as defined under the Pennsylvania Domestic Relations Code of 1980, as amended. 3. Definitions. As used in this Order,the following terms shall apply: a. "Participant' shall mean James J. Garofalo, whose current address is 9351 Mountain Road, Port Royal, Pennsylvania, 17082, and whose Social Security Number is and whose date of birth is b. "Alternate Payee" shall mean Barbara M. Garofalo, whose current address is 1750 Autumnwood Drive, Mechanicsburg, Pennsylvania, 17055, and whose Social Security Number is and whose date of birth is C. "Administrator" shall mean The Plan Administrator for the Jackson National Life Insurance Company, Perspective II Fixed and Variable Annuity, in care of Jeffrey Scott Nickum, Suite 102, 704 Lisburn Road,Camp Hill,PA, 17011-7424. 4. Assignment to Alternate Payee. The Alternate Payee(who is the former spouse of the Participant) is awarded and assigned the total account balance of Participant's Individual Retirement Account, Contract Number 009305974A, as of December 31, 2012. Any outstanding loans shall be treated or allocated as follows: Participant shall continue to make payment on any outstanding loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. 5. Commencement of Assigned Benefits to Alternate Payee. The Alternate Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as administratively practicable following the Administrator's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. Upon Alternate Payee's request for an immediate distribution, as soon as administratively feasible after the date this Order is determined to be a QDRO by the Plan Administrator, the Plan shall distribute Alternate Payee's interest in a single lump sum payment directly to Alternate Payee, or at the direction of Alternate Payee, to an Individual Retirement Account. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. In the event Alternate Payee does not request an immediate distribution, as soon as administratively feasible after this Order is determined to be a QDRO by the Plan Administrator, the Alternate Payee's interest shall be separated from the Participant's interest in the account and will be held by the Plan in a separate account for the Alternate Payee until Alternate Payee's request for distribution. Such separate,account will be credited with its allocable share of the income and losses of the Plan but shall not be credited with any future contributions or forfeitures. Alternate Payee shall have the same ability to designate the investment of the amounts in the separate account as the Participant would otherwise have had with respect to those amounts. In accordance with the Plan, as soon as administratively feasible after Participant's Normal Retirement, death or termination of employment, or at such earlier time as Alternate Payee may request in writing, the Plan shall distribute the amount in Alternate Payee's separate account to Alternate Payee in a single lump sum payment directly or, at the direction of the Alternate Payee, to an Individual Retirement Account. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. 7. Death of Participant. The death of the Participant, either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 8. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's beneficiary, or if no beneficiary has been designated,then to her estate. b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 9. Taxes. For purposes of Sections 402(a)(2) 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. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account. Subject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax-free rollover of the benefits distributed. 10. Continuine Interests. From the date of this Order and thereafter, except as provided herein, the Alternate Payee shall have no further right or interest in any portion of Participant's Plan benefits. From the date of this Order and thereafter, except as provided herein, the Participant shall have no further right or interest in any portion of the Plan benefits which are assigned to the Alternate Payee pursuant to this Order. 11. Costs for Implementation. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 50% of the costs and the Participant pays 50%of the costs. 12. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the 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 or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 13. Limitations. This order shall not be construed to require the Plan, the Administrator, or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law,rule, regulation,or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; C. Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. 14. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication,of the Plan. 15. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order. BY TH C� Date Judge Witness J&es J. G& lo, articipan Dated: S' I13 j 1 J Wqite s Barbara M. Garofa o,Alternate pble Dated: ,• �LCL y to /, 3 COMMONWEA TH OF PENNSYLVANIA SS COUNTY OF �i, On this(o/ day ofQ-1141-( nt ,2013,before me,the undersigned officer, personally appeared JAMES J. GAROFALO, known to me(or satisfactorily proven)to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. C0tr---3h°ic)t4kNr-A1" j OF PENNSYLVANIA flotarlal Sea! Public Tanirnie L.Peters,Notary Carilsle BGro,Cumberland Cou* ,: Notary Public n.�y(�rsf rli on E*?'es 9,2015 Ti6N QF NOTAr1iES COMMONWEALTH OF PENNSYLVANIA COUNTY OF Lim d : SS On this (1- day of 2013,before me,the undersigned officer, personally appeared BARBARA M. AROFALO, known to me(or satisfactorily proven)to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarlai Seal Anne H.McCullough,Notary Public Notary Public Lemoyne Boro,Cumberland County My Commission ExPires)an.14,2017 "v-MSER;PENNSYLVANIA ASSDrIA'77 NV nF W)TARIES ti JAMES J.GAROFALb, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY,PENNSYLVA'RIA -D:r ZZ rn W c— V. NO, 2010-1150 CIVIL TERM BARBARA M. GAROFALO, CIVIL ACTION—LAW co � Defendant IN DIVORCE CJ W q 5:c: co QUALIFIED DOMESTIC RELATIONS ORDER This cause came before the Court for entry of a Qualified Domestic Relations Order as that term is defined and applied under Section 414(p) of the Internal Revenue Code of 1986 or any successor statute thereto (the "Code"). As the terms of this Order have been stipulated and agreed to by the parties, and the Court has been fully advised thereof, IT IS HEREBY ORDERED AS FOLLOWS: I. Background. This Order pertains to the Janus Traditional IRA Retirement Account, Account #200590769, (hereinafter referred to as the "Plan"); is incorporated into the judgment order dissolving the marriage of the parties; and may be amended if necessary to comply with the Code. The Court retains jurisdiction of the subject matter hereof and the parties hereto to enforce the terms of this Order. 2. Applicable Law. This Order is intended to be a Qualified Domestic Relations Order (hereinafter referred to as "QDRO") as that term is defined by Section 414(p) of the Internal Revenue Code and Section 206(d)(3) of ERISA, as amended. This Order relates to the equitable division of martial property as defined under the Pennsylvania Domestic Relations Code of 1980,as amended. 3. Definitions. As used in this Order,the following terms shall apply: a. "Participant" shall mean James J. Garofalo, whose current address is 9351 Mountain Road, Port Royal, Pennsylvania, 17082, and whose Social Security Number is and whose date of birth is a b. � "Alternate Payee" shall mean Barbara M. Garofalo, whose current address is 1750 Autumnwood Drive, Mechanicsburg, Pennsylvania, 17055, and whose Social Security Number is and whose date of birth is C. "Administrator" shall mean The Plan Administrator for the Janus Traditional IRA Retirement Account, in care of Janus,PO Box 55932, Boston,MA, 02205-5932. 4. Assignment to Alternate Payee, The Alternate Payee(who is the former spouse of the Participant) is awarded and assigned the total account balance of Participant's Traditional IRA Retirement Account, Account #200590769, as of December 31, 2012. Any outstanding loans shall be treated or allocated as follows: Participant shall continue to make payment on any outstanding loans and such loans shall not in any way affect the Alternate Payee's monetary benefit as assigned in this paragraph. 5. Commencement of Assigned Benefits to Alternate Payee, The Alternate Payee shall receive the Alternate Payee's assigned benefit under the Plan as soon as administratively practicable following,the Administrator's determination that this Order is a Qualified Domestic Relations Order. 6. Form of Payment. Upon Alternate Payee's request for an immediate distribution, as soon as administratively feasible after the date this Order is determined to be a QDRO by the Plan Administrator, the Plan shall distribute Alternate Payee's interest in a single lump sum payment directly to Alternate Payee, or at the direction of Alternate Payee, to an. Individual Retirement Account. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. In the event Alternate Payee does not request an immediate distribution, as soon as administratively feasible after this Order is determined to be a QDRO by the Plan Administrator, the Alternate Payee's interest shall be separated from the.Participant's interest in the account and will be held by the Plan in a separate account for the Alternate Payee until Alternate Payee's request for distribution. Such separate account will be credited with its allocable share of the income and losses of the Plan but shall not be credited with any future contributions or forfeitures. Alternate Payee shall have the same ability to designate the investment of the amounts in the separate account as the Participant would otherwise have had with respect to those amounts. In accordance with the Plan, as soon as administratively feasible after Participant's Normal Retirement; death or termination of employment, or at such earlier time as Alternate Payee may request in writing, the Plan shall distribute the amount in Alternate Payee's separate account to Alternate Payee in a single lump sum payment directly.or, at the direction of the Alternate Payee, to an Individual Retirement Account. The Alternate Payee shall complete such distribution forms as may be required under the terms of the Plan. 7. Death of Participant. The death of the Participant, either before or after the Alternate Payee has received payment of the Alternate Payee's assigned benefit, shall neither affect the Alternate Payee's right to payment of the assigned benefit nor entitle the Alternate Payee to any additional benefits. 8. Death of Alternate Payee. a. Before Commencement to Alternate Payee. If the Alternate Payee dies prior to receiving payment of the benefits assigned under this Order, the benefits payable under this Order shall be paid to Alternate Payee's beneficiary, or if no beneficiary has been designated,then to her estate. b. After Commencement to Alternate Payee. If the Alternate Payee dies after receiving payment of the benefits assigned under this Order, no additional benefits shall be payable under this Order. 9. Taxes. For purposes of Sections 442(a)(2)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. The Alternate Payee shall have the right to roll over the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account. Subject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax-free rollover of the benefits distributed. 10. Continuing Interests. From the date of this Order and thereafter, except as provided herein, the Alternate Payee shall have no further right or interest in any portion of Participant's Plan benefits. From the date of this Order and thereafter, except as provided herein, the Participant shall have no further right or interest in any portion of the Plan benefits which are assigned to the Alternate Payee pursuant to this Order. 11. Costs for Implementation. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 50% of the costs and the Participant pays 50%of the costs. 12. Plan Provisions to Govern. This Order shall not be construed to require the Plan, the 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 or hereafter in effect. The Participant and the Alternate Payee shall be subject to all of the provisions of the Plan and any administrative rules as from time to time in effect under the Plan. 13. Limitations. This order shall not be construed to require the Plan, the Administrator,or any trustee or other fiduciary with respect to the Plan to: a. Make any payment or take any action which is inconsistent with any federal law,rule, regulation,or applicable judicial decision; b. Provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; C. Pay benefits to the Alternate Payee that are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations E, Order in accordance with the provisions of Code Section 414(p) and Section 206(d) of the Employee Retirement Income Security Act. 14. Mailing to Last Known Address. All appropriate payments, notices and other communications shall be mailed to the Participant and the Alternate Payee at the respective addresses set forth in Paragraph 3 above, until such time as the Participant or Alternate Payee advises the Administrator in writing of the occurrence of a change of address. Any benefit payment or communication to the Alternate Payee at the Alternate Payee's last known address shall operate on a complete discharge of the obligations, with respect to such payment or communication,of the Plan. 15. Parties to Cooperate. If the Administrator of the Plan does not agree that this is a "Qualified" Domestic Relations Order under Code Section 414(p), each party shall cooperate and do all things reasonably necessary to devise a form of Order acceptable to the Administrator as a Qualified Domestic Relations Order. BY THE CO 1' Date Judge Witness imes J. G rofa o, Parti ipant wed: (0 51i is 0(U, Wa z ess Barbara M. GJ Iarofa o,Alternat ayee Dated: S/ /Sa-Df3 &CL�00 ES r COMMONWEALTH OF PENNSYLV ANIA 7 : SS COUNTY OF&I cf- - On thisel day ol� 2013,before me,the undersigned officer, personally appeared JAMES J.GAROFALO,known to me(or satisfactorily proven)to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF,I hereunto set my hand and official seal. COMMON% fEALTH OF PENN` Notarial Seat N FTannrnle L.Peters,Notary Public r, Carlisle Boro'Cumberland County Notary Public coi� My ar"filission EXPM Sept.9,2015 ON of NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OFCLA!14L f 6"X iJ SS ,e-4- On this I ) day of a 2013,before me,the undersigned officer, personally appeared BARBARA M.GAROFALO, known to me(or satisfactorily proven)to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. i�-KAWEALTH OF PENNSYLVANIA ,! l' Notarial Seat �rvne H.McCullough,Notary Public 0--,trioyne Boro,Curnbedand County Notary Public 4y"ammission Expires]an.14,2017 -APIW:YAWTA A.q.roaATION OF NOTARIES JAMES J. GAROFALO, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 10-1150 CIVIL TERM BARBARA M. GAROFALO, IN DIVORCE rr.IW zoo Defendant PACSES Case No: 530112738 ORDER OF COURT �Q -m ?o , 5 ' AND NOW to wit, on this 29nd day of August, 2013, it is hereby Ordered tha-j�h6 , Alimony Pendente Lite is terminated, effective August 29, 2013, pursuant to the parties' Property Settlement and Separation Agreement of April 16, 2013. The Alimony Pendente Lite account is closed with a credit of$1,195.68. If the Respondent wishes to pursue collection of this credit he must proceed according to PA RCP 1910.19(g)(2). This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE C ' Edward E. Guido, J. DRO: R.J. Shadday xc: Petitioner Respondent Melissa P. Greevy, Esq. Marylou Matas, Esq. Form OE-001 Service Type:M Worker:21005 INCOME WITHHOLDING FOR SUPPORT 53v I I Z-7 12 0 ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT(two) 0 AMENDED IWO Io - lflvkk 0 ONE-TIMEORDERMOTICE FOR LUMP SUM PAYMENT @ TERMINATION OF IWO Date: 08/29/13 ❑ Child Support Enforcement(CSE)Agency 0 Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions httl2://www.acf.hhs.gov/l?rograms/cse/newhire/emi)loyer/publication/publication.htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. State[TriberTerritory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 1746102461 City/County/Dist,/Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) NATIONAL FINANCE CENTER RE: GAROFALO,JAMES J. PO BOX 61765 Employee/Obligor's Name(Last,First,Middle) NEW ORLEANS LA 70161-1765 167-48-4529 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholders FEIN 720564834 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(een)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions hftp:ffwww.acf,hhs.gov/procirams/cse/newhire emr)loygr/i)ublication/publication.htm-forms}.If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. I ra 7205648340 See Addendum for dependent names and birth dates associated with cases on attachment.=M C= ORDER INFORMATION: This document is based on the support or withholding order from CIJIVlB&QNAO Commonwealth of Pennsylvania (State/Tribe), You are required by law to deduct these amounts frdp-& etplo obligor's income until further notice. CD CD $ 0.00 per month in current child support $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yes 0 C:) $ 0.00 per month in current cash medical support < Co $ 0.00 per month in past-due cash medical support $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $_ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 0.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information, If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 0.00, per weekly pay period. $ 0,00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period(every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order, REMITTANCE INFORMATION. If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven(7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.cov/programs/ese/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier 0M8 No.:0970-01 rA Form EN-028 06/12 Service Type M Worker ID$IATT - M Return hm Sender[Completed bwEmployer/income Withholder]. Payment must be directed to an8DUin , ^, accordance with 42U8C or Tribal Payee(see Payments toSDU If payment is not directed tognSOU/Thba| Payee¢r this |VVOha not regular on its face, you must check this box and return the IW(]t¢ the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): 0— Print Name of Judge/Issuing Official: Ouido Title of Judge/Issuing Official: Date of Signature: AUG 0 2013 |f the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order, a copy ofthis\VVC} must be provided to the emp|oyaa/nbUgor. M If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance bymn electronic payment method |fom employer iwordered to withhold income from more than one employee and employs 15 or more persons,or if an employer has a history o* two nr more returned checks due tmnonaufMo|entfunds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU)Employer Customer Service mt1~8T7^676-95$0 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDkI Send check to: Pennsylvania SCDU, P.O' Box 69112, Harrisburg, Pa 17106~9112 | IN ADDITION, PAYMENTS MUSTINCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above ms the Employee/Obligor's Case&dentifler) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT i SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: Priority:Withholding for support has priority over any other legal process under State law against the same income(USC 42 §668(b)(7)). If a Federal box levy is in efect, please notify the sender. Combining Payments: When remitting payments toanSDUor Tribal CSE agency,you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. if this IWO instructs you to send a payment to an entity other than an SDU(e.g., payable to the custodial party,court, or attorney),you must check the box above and return this notice to the sender, Exception: If this|VVO was sent byu Court, Attorney, z Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date\s the date on which the amount was withheld from the emp|oyee/ob||gor'a wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple|VVOs; If there is more than one |VVO against this employee/obligor and you are unable to fully honor all }VVDu due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. ' Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability, |f you have any doubts about the validity cf this |VVU. contact the sender. |f you fail bz withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal |nw/pnocaduno. Anti-d iscrimi nation: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration bate-oom`umw.The OMB Expiration Date has m bearing vothe termination date m the IWn;x identifies the version m the form currently muse. Form EN-028DG/12 Service Type M Page 2 of 3 Worker ID$IATT Employers Name: NATIONAL FINANCE CENTER Employer FEIN: 720564834 Employee/Obligors Name: GAROFALO,JAMES J. 1746102461 CS E Agency Case Identifier:(See Addendum for case summa Order Identifier:(See Addendum for ordej�ldocket Information Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as:State, Federal,local taxes;Social Security taxes;statutory pension contributions;and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 7205648340 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDUITribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.ua. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE. PA. 17013(Issuer address). To-Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240�6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us, IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-028 06/12 Service Type M Page 3 of 3 Worker ID $IATT ADDENDUM Summary of Cases on Attachment befendantl0bligor: GAROFALO, JAMES J. PACSES Case Number 530112738 PACSES,Case Number L.laintiff Name Plaintiff Name BARBARA M.GAROFALO Docke Attachment Amoun Docke t Attachment Amount 10-1150 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB r PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amoun Docke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case.Number Plaintiff Name Plaintiff Name Docket Atftachment Amount D cke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB f Service Form EN-028 06/12 Service Type M OMB No.:0970-0154 Worker ID$IATT i