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HomeMy WebLinkAbout10-1602 r~ F,~~ti7LES\CGrnts\13517 Kline, E\13517.Ldcom Revised: 3 /5 / 10 10:1 OAM FILED-~;~•r~,C1r ,,F ~'Hc p~e~Ti~'~i~~DT~F?Y Jennifer L. Spears, Esquire 11 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER~1~ ~4R `8 P~~ 3: 23 MARTSON LAW OFFICES CU,~~~~ I.D. 87445 +'~-r~~,v. ~~;' ~ ~,,fJ~'~lil` 10 East High Street L'r f, ~~ Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ERIC KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010- ~ ~ ~ °~., CN • f terrk CIVIL ACTION -LAW LAURIE KLINE, 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 may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 g~ 3 s~z . od f~ ~7 c,t ~ aa~Y9 R--~ ~- 3 ~sqs ERIC KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010- ~~ 0 ~ C r u CIVIL ACTION -LAW LAURIE KLINE, : Defendant IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 330~C1 1. Plaintiff is Eric Kline, who currently resides at 907 Alexander Spring Road, Carlisle, PA 17015. 2. Defendant is Laurie Kline, who currently resides at 907 Alexander Spring Road, Carlisle, PA 17015. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 19, 1987. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES ~ ~~ By Jennifer LuSpears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 5, 2010 T ~ /- VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. 'The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Eric Klin F:\FILES\Ctirnts\13517 Kline, E\13517.Leos Revised: 3/9/10 6:42AM FILED--~ i-r ;CE Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FA~$~,~~ ! ~ p~~ ~; ~ ~ MARTSON LAW OFFICES I.D. 87445 CUI`v" ~ 1 ;~ ~-~;\}1Y 10 East High Street ~, ; ~,~ r~~~~, ,~~, ~; Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ERIC KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v• NO. 2010-1602 CIVIL ACTION -LAW LAURIE KLINE, Defendant IN DIVORCE ATTORNEY'S ACCEPTANCE OF SERVICE I, Carol Lindsay, Esquire, attorney for Defendant Laurie Kline in the above-captioned action, hereby accept service of the Complaint in the above action on March/ l , 2010, on her behalf and certify that I am authorized to do so. Date: ~J~~Q Z(JI(, Carol Lindsay, s ire F-+9LES\C6ents\13517 Kline, E\I3517.I.dcom Revised: 3/5/10 10:10AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff l r4 ? ERIC KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- ! (C b °?. Co.:. I 1 e ?n? CIVIL ACTION - LAW LAURIE KLINE, 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 may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 g 3 S? . Db 1°? `7 Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 G? 32?`/?! FRED 4;;;?; ;CF '.)F T ARY he P. ?'?"??,u1dT & FALLEP 10 MAR -8 PPS 3: 23 ERIC KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- u CIVIL ACTION - LAW LAURIE KLINE, Defendant : IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) 1. Plaintiff is Eric Kline, who currently resides at 907 Alexander Spring Road, Carlisle, PA 17015. 2. Defendant is Laurie Kline, who currently resides at 907 Alexander Spring Road, Carlisle, PA 17015. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 19, 1987. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES By , fa ,f l-Vv Jennif L Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 5, 2010 VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ?. W, Eric Klin F:\FILES\Clients~13517 Kline, E\13517.1.aocwon Revised: 7/6/10 2a IPM ` }~ T~ ~` ~ .~1~~Y Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER ~~ ~ ~ ~~- ~ ~ ;=~~'i ~: ~~ MARTSON LAW OFFICES I.A. 87445 Cl.ljv ~~.::: ,:!~Ji~.liY 10 East High Street -~~~ ~"..'~;~r'1 `r~i~'"~`''',`' Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ERIC KLINE, IN THE COURT OF COMMON PLEAS pF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-1b02 CNIL ACTION -LAW LAURIE KLINE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 8, 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. I consent to the entry of a final decree of 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. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ 1. ±.) I~} ~ ~~ Laurie Kline, Defendant Jennifer L. Speazs, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.U. 87445 10 East High Street Cazlisle, PA 17013 (717} 243-3341 Attorneys for Plaintiff ~ alt ~fi x r' 4 f^ ~A~ !,'~~'Y ZQlO ~~.;~,_ ~0 Vic.; ~: ~ 7 cur,~ti ERIC KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2010-1602 CIVIL ACTION -LAW LAURIE KLINE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301~1 AND & 3301(dl OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver 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. S C~.~.~ Date: ~ ~ ~ Laurie Kline, Defendant Jennifer L. Spears, Esquire i1,~ I~~r - ~1•.ri7 - - - MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES Z~EO ~'~' ~~ ~~~;~ ~`=' ~ '.Y I.D. 87445 'PM~3~ I`i 10 East High Street UIiP'~r '~~~~~~~~ Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ERIC KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2010-1602 CIVIL ACTION -LAW LAURIE KLINE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 8, 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in thi,5 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: e2 b ~~ Eric ne, Plaintiff Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~~'.~' - - `r. ~'~ rt} ~ _ ' ~~ ~ ;R4~ & F .; ~„ ,- PMZ3:W ERIC KLINE, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0.2010-1602 CIVIL ACTION -LAW LAURIE KLINE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ,§3301lc,~ AND § 3301 (dl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 . C.S. § 4904 relating to unsworn falsification to authorities. Date:^~ ~ ~ ~~ Eric Kline laintiff ERIC KLINE V. LAURIE KLINE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1602 DIVORCE DECREE AND NOW, _ ~ e~~yy~, ~ ~•~`~ , it is ordered and decreed that ERIC KLINE plaintiff, and LAURIE KLINE ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Attest: ~, Prothonotary s~3~~o c~~. ~ ~'. 3 • l D ti o-ti cam. ~(Y~a; led ~ ~ ~a~Cs '~1~c~ Pr~r't-~ L;n dsa,~ SEP 9 91010 ERIC KLINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2010-1602 CIVIL LAURIE KLINE, Defendant IN DIVORCE 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: 1. Background. This Order pertains to the Members 15t Federal Credit Union retirement account (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 Laurie A. Kline, whose current address is 907 Alexander Spring Road, Carlisle, Pennsylvania 17015-9183, and whose Social Security Number is (deleted on original) and whose date of birth is November 28, 1967. Attorney: Carol J. Lindsay, Esquire, 26 West High Street, Carlisle, PA 17013. b. "Alternate Payee" shall mean Eric Kline, whose current address is 142 Virginia Avenue, Carlisle, PA 17013, and whose Social Security Number is (deleted on original) and whose date of birth is April 16, 1961. Attorney: Jennifer L. Spears, Esquire, Ten East High Street, Carlisle, PA 17013. C. "Administrator" shall mean The Plan Administrator for the Members 1' Federal Credit Union retirement plan. 4. Assignment to Alternate Payee. The Alternate Payee (who is the former spouse of the Participant) is awarded and assigned the following from Participant's plan account: $35,000.00. 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 his 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 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 him 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. Any surrender charges incurred on the portion transferred to Alternate Payee shall be paid by the Alternate Payee. 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. 9 10 - Date Witness Witness BY THE COURT: Judge Laurie Klin , Participant Dated: co Eric KR e, Iternate Payee Dated: Co Es m tLa A? 4 1? CEP 9 9 ZU10 ERIC KLINE, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2010-1602 CIVIL LAURIE KLINE, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER SOCIAL SECURITY COVER SHEET For the preservation of privacy, it is the practice of this office not to disclose Social Security Numbers in public court documents whenever possible, particularly where court documents are more commonly becoming available to access on-line. Federal law has been enacted to address some of these concerns, but State law has not yet brought historical practice into accordance with recent financial and health information privacy laws. Typically, Qualified Domestic Relations Orders require the inclusion of Social Security Numbers in order to properly identify the Participants and Alternate Payees in a particular Plan. This Qualified Domestic Relations Order will be circulated only among the parties and the Plan Administrator, unless requested by the Court or otherwise directed by the parties or the Plan Administrator. Therefore, I request that the Qualified Domestic Relations Order attached hereto be signed as an Order but not docketed for public viewing by the Prothonotary. Respectfully submitted: Carol J. Linds , , Esquire Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 (717) 243-6222 -bao Ilk/ as z DEC 2 0 2010 Eric Mine Plaintiff VS Laurie Mine Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-1602 CIVIL IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER I. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated ?l 01(x. The Court incorporated the Property Settlement Agreement into its Decree of Dissolution of Marriage dated JU,Ay ?010 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined benefit plan which is intended to be qualified under Section §401(a) of the Internal Revenue Code of 1986, as amended ("Code"). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code §414(p) 3. This QDRO applies to the Members 1St Federal Credit Union Pension Plan ("Plan"), as sponsored by Members 1St Federal Credit Union. Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined benefit plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined benefit plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. Laurie Mine ("Participant") is a participant in the Plan. Eric Mine ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number, daU of_7:f birth are: rrs F-9 Name: Laurie Mine :Z:?o r--10 o Address: 907 Alexander Spring Road - c S Carlisle, PA 17013 SS#: See Addendum Z ?- D? DOB: See Addendum , = F -- 1 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: Name: Eric Mine Address: 142 Virginia Avenue Carlisle, PA 17013 SS#: See Addendum DOB: See Addendum The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. The name and address the Plan Administrator is as follows: Name: Members 1St Federal Credit Union Address: 5000 Louise Drive Mechanicsburg, PA 17055 7. This Order assigns to Alternate Payee an amount equal to the actuarial equivalent of 12.9% of the marital portion of Participant's accrued benefit under the Plan (including any temporary or supplemental benefits that may become payable) as of the Participant's benefit commencement date, or the Alternate Payee's benefit commencement date, if earlier. For purposes of calculating Alternate Payee's benefit hereunder, the Plan Administrator is instructed to use, as applicable, the Participant's average compensation in effect as of the Alternate Payee's benefit commencement date. The Alternate Payee and Participant were married on September 19, 1987. The marital portion of Participant's accrued benefit shall be determined by multiplying the Participant's accrued benefit by a fraction, the numerator of which is the Participant's Benefit Service under the Plan earned while married to the Alternate Payee, and the denominator of which is the Participant's Benefit Service under the Plan as of the earlier of the date the Participant permanently ceases to accrued benefits thereunder or the date the Alternate Payee commences to receive benefits hereunder. For this purpose, the marriage shall be treated as having terminated as of September 30, 2009. In addition to the above, the Alternate Payee shall receive a pro rata share of any postretirement cost-of-living adjustments or other economic improvements made to the Participant's benefits on or after the date of his retirement. Such pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. If there should be a legal cause by which the Participant's benefits under the Plan may be offset by the amount of a judgment or settlement that the Participant is required to pay as a result of a crime involving the Plan, nevertheless, the award in this Order to the Alternate Payee shall be based on the Participant's benefits before any such offset. Notwithstanding the language set forth in this Section 7, in the event that the Alternate Payee becomes entitled to a qualified preretirement survivor annuity under Section 9 of this Order, then the Alternate Payee's right to a share of the Participant's benefits as called for under this Section 7 shall be terminated as of the date of the Participant's death, and such preretirement death benefit shall be payable to the Alternate Payee in lieu of any other benefits to which he may be entitled under the terms of this Order. 2 III. Time and Manner of Payment S. The Alternate Payee may elect to commence his benefits under the Plan at any time on or after the date the Participant attains the earliest retirement age as defined by Code §414(p)(4)(B). Further, in the event the Participant becomes eligible to commence benefits at an earlier date as the result of a disability retirement, the Alternate Payee shall also be entitled to commence his share of the benefits at such earlier date. Notwithstanding the above, the Alternate Payee shall commence his share of the benefits no later than the Participant's actual date of benefit commencement. The Plan Administrator is instructed to provide any required notice and election forms in a timely manner to the Alternate Payee before such date of benefit commencement. The Alternate Payee shall be entitled to receive his benefits in any form available under the terms and provisions of the Plan, other than a qualified joint and survivor annuity with his current spouse as the survivor annuitant. The Alternate Payee shall execute any forms required by the Plan Administrator. The form of benefits paid to the Alternate Payee shall be based on the life expectancy of the Alternate Payee. Any actuarial reduction that might be necessary to convert Alternate Payee's benefits to one based on the Alternate Payee's lifetime shall be borne by the Alternate Payee. Further, should any early commencement reduction be necessary in the event that the Alternate Payee commences his benefits prior to Participant's normal retirement date, then such reduction shall be applied to Alternate Payee's benefits. The Alternate Payee shall be entitled to a pro rata share of any early retirement subsidy (including any temporary or supplemental benefits) provided under the Plan to the Participant on the date of her retirement, and in the event the Alternate Payee has already commenced his share of the benefits on the date of the Participant's retirement, then the amounts payable to the Alternate Payee shall be recalculated in accordance with the Plan Administrator's practices and the Plan's actuarial principles in order to provide the Alternate Payee with the pro rata share of such early retirement subsidy. Such pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to Section 7 of this Order. 9. In the event the Participant predeceases the Alternate Payee and neither the Participant nor the Alternate Payee has commenced their benefits under the Plan, the Alternate Payee shall be designated as the surviving spouse of the Participant for the purposes of establishing the Alternate Payee's entitlement to receipt of all or a portion of the preretirement survivor annuity. This designation applies to the portion of the Participant's accrued benefit assigned to the Alternate Payee as set forth in Section 7 of this Order. The Alternate Payee shall be treated as the surviving spouse for the purposes of the preretirement survivor annuity benefits that are attributable to the portion of the Participant's accrued benefit assigned to the Alternate Payee and any subsequent spouse of the Participant shall not be treated as a surviving spouse for such purposes. In the event that the costs associated with providing this preretirement survivor annuity benefit are not fully subsidized by the Participant's employer, the Participant must make an affirmative election for such preretirement survivor annuity benefit coverage in a timely manner and in accordance with the Plan's election procedures. Further, if the Plan provides for any death benefit in excess of a qualified preretirement survivor annuity, the Alternate Payee shall be designated as the beneficiary with 3 respect to the Alternate Payee's share of the Participant's accrued benefit of the excess death benefits payable. 10. If the Alternate Payee predeceases the Participant prior to the commencement of his benefits, the Alternate Payee's portion of the Participant's benefits as set forth in Section 7 of this Order shall be payable in equal portions to the surviving children of the Participant and the Alternate Payee as if they were the original Alternate Payee created hereunder. The Alternate Payee or Participant shall have no authority to alter this beneficiary designation. Payments to the surviving children would begin as soon as administratively possible after the Alternate Payee's death, or the earliest date permitted by the Plan, if later. Payments will be actuarially adjusted to be paid over each child's lifetime. As of the execution date of this Order, the children of the Alternate Payee and the Participant are as follows: Baylie Mine Carley Mine 11. If the Alternate Payee predeceases the Participant after his benefit commencement date, any remaining benefits shall be paid in accordance with the form of benefit elected by the Alternate Payee. 12. In the event that the Participant's accrued benefit is limited or reduced as the result of a benefit limitation imposed under Code §415, the Alternate Payee's share of the benefits shall also be limited or reduced in the same proportion and to the same extent as the Participant's benefits. 13. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives his distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, except as otherwise noted in this Order. 14. 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, including the information the Plan Administrator requires to make the necessary calculation of the benefit amounts contained herein. 15. It is the intention of the parties that this Order continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Plan to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Plan within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Plan to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Plan within ten (10) days of receipt. 17. The Participant shall not take any actions, affirmative or otherwise, that can circumvent the terms and provisions of this QDRO, or that could diminish or extinguish the rights 4 and entitlements of the Alternate Payee as set forth herein. Should the Participant take any action or inaction to the detriment of the Alternate Payee, she shall be required to make sufficient payments directly to the Alternate Payee to the extent necessary to neutralize the effects of her actions or inactions and to the extent of the Alternate Payee's full entitlements hereunder. 18. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan and the Pension Benefit Guaranty Corporation. Further, should the Participant's benefits be reduced as a result of such termination or partial termination, then the amounts otherwise payable to the Alternate Payee under this QDRO shall be reduced to the same extent and in the same ratio as the Participant's benefits are reduced. 19. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 20. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. IV. Recitals Pursuant to Code §414(p)(3) 21. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 22. This QDRO does not require the Plan to provide increased benefits determined on the basis of actuarial value. 23. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a Qualified Domestic Relations Order requires the Plan to pay to another alternate payee. V. Procedure for Processing this QDRO 24. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 25. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 5 In the event that the Plan Administrator determines that an overpayment has been made to the Participant and/or the Alternate Payee for any reason, including but not limited to, the Participant's retroactive eligibility for Social Security disability payments, and the parties cannot come to an agreement regarding their respective liability toward the Plan's recoupment of such overpayments, the Court shall retain jurisdiction regarding the allocation of such repayments to the Plan between the Participant and the Alternate Payee. ST Q CL0-%,%V EXECUTED this ? day of CONSENT TO ORDER: Q? 4? o Plaintiff/ t rnate Payee ate Atto eye or Plaintiff/ Date Alternate Payee C L£s 94 y C A+? J. s'P evs maIL 7 6 'W o G Defendant/Participant Date 0 Attorn y fo Defendant/ ate Participamf BY THE COURT ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to the Plan Administrator Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to the Plan Administrator when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Laurie Kline Address: 907 Alexander Spring Road Carlisle, PA 17013 SSN: 202-62-5911 Date of Birth: November 28, 1967 Alternate Payee Information Name: Eric Kline Address: 142 Virginia Avenue Carlisle, PA 17013 SSN: 191-56-4162 Date of Birth: April 16, 1961 Participant Attorney's Information Name: Carol J. Lindsay, Esq. Address: Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Phone Number: (717) 243-6222 Alternate Payee Attorney's Information Name: Jennifer L. Spears, Esq. Address: Martson Law Offices 10 East High Street Carlisle, PA 17013 Phone Number: (717) 243-3341 The identifying information for the Participant's and Alternate Payee's children as of the time this QDRO was executed is as follows: Child #1 Child #2 Name: Baylie Kline Address: 907 Alexander Spring Road Carlisle, PA 17013 SS#: 171-78-1517 DOB: May 26, 1998 Carley Kline 907 Alexander Spring Road Carlisle, PA 17013 170-82-4202 March 31, 2004 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Members 1St Federal Credit Union Attn: Ms. Lisa McCardell, Mgr. of Human Resources 5000 Louise Drive Mechanicsburg, PA 17055