HomeMy WebLinkAbout10-2808RLEG--cFr--ICE
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KEITH A. BYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHELLE S. BYERS,
Defendant
: CIVIL ACTION - LAW
: NO. 10 - A 808 CIVIL TERM
: IN DIVORCE
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.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORAMTION 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
Phone: (717) 249-3166
(800) 990-9108
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AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact
our office. All arrangements must be made at least 72 hours prior to any hearing or business before
the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled conference or hearing.
KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
MICHELLE S. BYERS, : NO. 10 - CIVIL TERM
Defendant : IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) AND 3301(d) OF
THE DIVORCE CODE
1. Plaintiff is Keith A. Byers, an adult individual, who resides at 101 South Locust Street,
Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Michelle S. Byers, an adult individual, who resides at 200 Sleepy Hollow
Road, Lititz, Lancaster County, Pennsylvania 17543.
3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at
least six months immediately previous to filing of this Complaint.
4. Plaintiff and Defendant were married on August 30, 1990, in Elkton, Maryland.
5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its
allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its
amendments.
6. There have been no prior actions of divorce or for annulment between the parties hereto in
this or any other jurisdiction.
7. For purposes of § 3301(d) of the Divorce Code, the parties have been living separate and
apart since on or about September 30, 2006.
8. The marriage is irretrievably broken.
9. 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.
10. Plaintiff requests the Court to enter a Decree in Divorce.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in
Divorce and such other Orders as may be just and appropriate.
Date:
Respectfully submitted,
Rominger & Associates
K . Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court I.D. # 81924
Attorney for Keith A. Byers
VERIFICATION
I verify that the statements made in this Complaint 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: / b l
Keith A. Byers, Plaintiff
JUN 2 8 2010
KEITH A. BYERS,
Plaintiff
v.
MICHELLE S. BYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 10 - 2808 CIVIL TERM
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
In accordance with the agreement of the parties, this order disposes of all or a
portion of the Participant's benefit in the Central Pennsylvania Teamsters Retirement
Income Plan 1987 (the "Plan").
1. Participant information:
Name: Keith A. Byers
Address: 101 South Locust Street
Camp Hill, Pennsylvania 17011 ~ « ._;
Date of Birth: 06/19/1956 -r, ` ~ .~
Social Security No.: xxx-xx-xxx n:3~:
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2. Alternate Payee Information: ~ - '- ? `_ = t =°
Name: Michelle S. Byers
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Address: 200 Sleepy Hollow Road ~-
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Lititz, Pennsylvania 17543 ~
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Date of Birth: 05/19/1953 r~,, ~
Social Security No.: xxx-xx-xxx
3. Date of Marriage and Separation/Divorce: The Participant and the Alternate
Payee were married on August 31, 1990, and were separated/divorced on
September 30, 2006.
4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned a
portion of the Participant's account balance under the Plan. The Fund is to make
payment of the Alternate Payee's benefits directly to the Alternate Payee.
5. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternative
Payee a portion of the Participant's vested accrued benefit under the Plan.
When identifying the benefits to be awarded to the Alternate Payee, the parties
may designate either:
~a~ A specific dollar amount;
~b~ A percentage; or
~C~ An amount determined using a formula.
v
If either a percentage or formula is used, the parties must indicate a date as of
which the percentage or formula is determined. Check one of the following options
and complete the applicable blank, or select an alternative method that the Plan
Administrator can calculate based on information that it possesses.
® The Alternate Payee shall receive One Hundred Twenty-Two Thousand dollars
($122,000.00).
Or
^ The Alternate Payee shall receive a benefit equal to percent
of the Participant's vested account balance as of If
a date other than a Plan valuation date is chosen, the Fund will calculate the Alternate
Payee's benefit using the Plan valuation date closest to the date selected by the
parties.
Or
^ The benefit payable to the Alternate Payee shall be determined by
multiplying percent of the Participant's vested accrued benefit by a
fraction, the numerator of which is [the number of months from the date the
Participant commenced participation in the Plan or the date of the parties'
marriage, to the date of the parties' separation/ divorce) and the denominator of
which is [the number of months the Participant participated in the Plan until the
date of the Participant's retirement or the date the Alternate Payee receives her
benefit, if earlier).
The Fund shall separately account for the benefits awarded in this Section as
soon as administratively possible after the Order is determined to be a qualified
domestic relations order. If section 1. B is elected, the Alternate Payee shall be
credited with net income, loss or expense from the date set forth above until the date
the Alternate Payee receives the awazded benefits. If either section 1.A or 1.0 is
elected, check one of the following options and complete the applicable blank:
^ The Alternate Payee shall be credited with net income, loss or expense from
the date this Order is determined to be a QDRO until the date the Alternate Payee
receives the awazded benefits.
Or
The Alternate Payee shall be credited with net income, loss or expense from
July 1, 2010, until the date the Alternate Payee receives the awarded benefits.
6. Form of Payment: The Alternate Payee may elect to receive payment from the
Plan in any form in which benefits may be paid under the Plan to the Participant
(other than in the form of a joint and survivor annuity).
7. Beneficiary: The Alternate Payee may select a beneficiary to receive her benefits
by filing a beneficiary designation form with the Fund Office. In the event the
Alternate Payee should die prior to receiving all of the assigned benefits, the Plan
shall pay the benefits to the beneficiary selected by the Alternate Payee on a
beneficiary form provided by the Fund Office, or if no beneficiary is selected, to
the Alternate Payee's estate.
8. Date of Payment: The Alternate Payee may elect to receive payment from the Plan
at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted
under the Plan. For purposes of this paragraph, the Participant's earliest retirement
age means the earlier of:
(a) the date on which the Participant is entitled to a distribution under the Plan;
or
(b) the later of either:
(i) the date the Participant attains age 50; or
(ii) the earliest date on which the Participant could begin
receiving benefits under the Plan if the Participant separated from
service.
Generally, the Participant's earliest retirement age is 57. However, a
Participant with 20 Years of Service may separate from service and receive benefits
at age 55. A Participant with 30 Years of Service may separate from service and
retire at any age.
9. Construction: This order is not intended, and shall not be construed in such a
manner as, to require the Plan Administrator:
(a) to provide any form of benefit option not otherwise provided under the
terms of the Plan;
(b) to require the Plan to provide increased benefits determined on the basis of
actuarial value; or
(c) to require the payment of any benefits to the Alternate Payee under another
order which previously was deemed to be a Qualified Domestic Relations
Order.
10. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and
not the Participant shall be treated as the distributee of all benefits made by the Plan
to the Alternate Payee pursuant to this order. The Fund will'issue a Form 1099-R to
the Alternate Payee with respect to each calendar year in which the Alternate Payee
receives benefits and will report such income to the IRS under the Alternate Payee's
name and Social Security Number.
11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to
amend the order if necessary to establish or maintain its qualification as a Qualified
Domestic Relations Order under applicable law.
12. Qualification. The Order is intended to constitute a qualified domestic relations
order within the meaning of Section 414(p) of the Internal Revenue Code of 1986. as
amended, and Section 206(d) of the Employee Retirement Income Security Act of
1974, as amended, and shall be interpreted in a manner consistent with such
intention.
So ORDERED, this
3a -.
~~ ~ _ 2 vac
day of ~ , 2010
Keith A. Byers, Plaintiff ~"
KaJkE. Rominger, Esquire
155 South Hanover Street
Carlisle, PA 17013
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Mich le S. Byers, D fendant
Attorney for Alternate Payee/Address
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KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
MICHELLE S. BYERS, : NO. 10 - 2808 CIVIL TERM
Defendant : IN DIVORCE
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PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT,
AND NOW, comes Keith A. Byers
by and through his counsel
Karl E. Rominge
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,
,
Esquire and in support of his Petition to Enforce Marital Settlement Agreement avers as follows:
1. Plaintiff filed a Complaint in Divorce on or about April 27, 2010.
2. Defendant Michelle S. Byres, signed an Acceptance of Service for the Complaint on
May 16, 2010, a copy of the same is attached hereto as Exhibit "A".
3. On June 25, 2010, Defendant, Michelle S. Byers, completed and signed a Notice to
Resume Prior Surname, and a copy of the same is attached hereto as Exhibit "B".
4. Plaintiff and Defendant entered into a Marital Settlement Agreement on or around
June 25, 2010, a copy of the same is attached hereto as Exhibit "C".
5. Paragraph one (1) of the Marital Settlement Agreement specifically states that "the
parties further agree that they will each sign the Affidavit of Consent and Waiver of
Notice after the required ninety (90) day time period has elapsed when such a divorce
procedure is instituted'.
6. On August 17, 2010, undersigned counsel sent correspondence including an Affidavit
of Consent and Waiver of Notice to Defendant, Michelle S. Byers, for her signature
and return of the documents to finalize the divorce, a copy of the same is attached
hereto as Exhibit "D".
7. On November 1, 2011, undersigned counsel received correspondence from
Defendant, dated October 27, 2010, a copy of the same is attached hereto as Exhibit
«E5'
8. On or about June 15, 2010, the Central Pennsylvania Teamsters Pension Fund,
provided a letter to undersigned counsel, Plaintiff and Defendant informing of the
pensions available, a copy of the same is attached hereto as Exhibit "F" that
Defendant alleges in her letter of October 27, 2010, was hidden from her.
9. On June 25, 2010, Plaintiff having been provided with the paperwork from the
Central Pennsylvania Teamsters Pension Fund, entered into a Qualified Domestic
Relations Order, and a copy of the same is attached hereto as Exhibit "G".
10. On November 12, 2010, undersigned counsel sent correspondence to Defendant along
with a second Affidavit of Consent and Waiver of Notice for Defendant to sign and
send back to undersigned counsel to finalize the divorce, a copy of the same is
attached hereto as Exhibit "H".
11. To date no response has been received from Defendant:.
12. Defendant has breached the Marital Settlement Agreement by not signing the
Affidavit of Consent and Waiver of Notice needed to finalize the divorce.
13. Plaintiff is entitled to reasonable attorney's fees for the filing of the Petition to
Enforce in the amount of $500.00 plus $250.00 per hour for time expended
subsequent to filing.
WHEREFORE, your petitioner respectfully requests that this Honorable Court order
the Defendant, Michelle S. Byers to comply with the provisions of the Marital Settlement
Agreement and execute the documents necessary to finalize the Divorce at the above captioned
docket and award attorney's fees to Petitioner.
Respectfully Submitted,
Rominger & Associates
Date: February 7, 2011
Kar, .Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID# 81924
Attorney for Keith A. Byers
KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
MICHELLE S. BYERS, : NO. 10 - 2808 CIVIL TERM
Defendant : IN DIVORCE
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Petition to
Enforce Marital Settlement Agreement upon the following by depositing the same in the United
States Mail, postage pre-paid, via first class mail, in Carlisle, Pennsylvania, addressed as follows:
Michelle S. Byers
200 Sleepy Hollow Road
Lititz, Pennsylvania 17543
Respectfully Submitted,
Rominger & Associates
Date: February 7, 2011
Karl E. ominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
(717) 241-6070
Supreme Court ID# 81924
Attorney for Keith A. Byers
KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,
PENNSYLVANIA
V.
: CIVIL ACTION - LAW
MICHELLE S. BYERS, : NO. 10 - 2808 CIVIL TERM
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE
I, hereby accept service of the Complaint in Divorce, as I am the Defendant Michelle S.
Byers, in the above captioned action.
Date: s
Mich le S. Byers, Defendant
a PETITIONER'S
EXHIBIT
a
a
11\1 THE COURT OF COiiN I1/9Oi .l PLEAS OF Ci-MBERLA"ND COUINT`r"
CIVIL ACT[O"i - LA ?i
Keith A. Byers
Plaintiff
FILE NO. 208 -'010
VS. IN DIVORCE
Michelle S. Byers
Defendant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/Defendant in the above matter, having
been granted a Final Decree in Divorce on the day of
hereby elects to resume the prior surname of Michelle Leone Chovanec
and gives this written notice pursuant to the provisions of 54 P.S. 704.
S ignaiure
v,
Signature of name being resumed
COMMONWEALTH OF PENNSYLVANIA
: SS.
COUNTY OF CUMBERLAND
On the day of 20 )(? before me, a
Notary Public, personally appeared the above affiant known to me to be the person whose name
is subscribed to the within document and acknowledged that Wshe executed the foregoing for the
purpose therein contained.
In Witness Whereof, I have hereunto set my hand and official seal.
COMMONWEALTH OF PENNSYLVANIA
NOWW Seal
Tommie L. Peter, Notary Pubic
Cwkb Bono, QxnbftM County
My Com fission Expires Sept 9, 2011
Member, Pennsylvania Assaciatlnn of hint-i-
t, PETITIONER'S
W EXHIBIT
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Public
KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
MICHELLE S. BYERS, : NO. 10 - 2808 CIVIL TERM
Defendant : IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
AGREEMENT, made this day of , 2010, between Keith A. Byers
(hereinafter called "Husband") and Michelle S. Byers (hereinafter called "Wife")
WITNESSETH:
The parties hereto are Husband and Wife, having been married on August 31, 1990, at
Elkton, Maryland. There were no children born of this marriage.
Diverse unhappy differences, disputes and difficulties have arisen between the parties and it
is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and
the parties hereto desire to settle fully and finally their respective financial and property rights and
obligations as between each other, including without limitation: (1) the settling of all matters
between them relating to the ownership of real and personal property; (2) the settling of all matters
between them relating to the past, present and future support and/or maintenance of Wife by
Husband and of Husband by Wife; (3) in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates.
1
a PETITIONER'S
W EXHIBIT
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NOW THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. AGREEMENT NOT PREDICATED UPON DIVORCE
It is specifically understood and agreed by and between the parties hereto and each of the said
parties does hereby warrant and represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution,
defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that
nothing contained in this Agreement shall prevent or preclude either of the parties hereto from
commencing, instituting or prosecuting any action or actions for divorce, either absolute or
otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such
action which may, has been, or shall be instituted by the other party, or from making any just or
proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent
and Waiver of Notice after the required ninety (90) day time period has elapsed when such a divorce
procedure is instituted.
2. ADVICE OF COUNSEL
Husband and Wife declare that each has had a full and fair opportunity to obtain independent
legal advice of counsel of her and his selection; that Husband has been independently represented by
Karl E. Rominger, Esquire and that Wife, is aware of her rights to legal representation, declares that
she has consulted her own counsel, or it is her express, voluntary and knowing intention not to obtain
2
counsel and she chooses instead to represent herself with respect to the preparation and execution of
this Agreement, and waives her right to representation.
3. PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be
free from all control, restraint, interference or authority, direct or indirect, by the other in all respects
as fully as if she or he were unmarried. Each may reside at such place or places as she or he may
select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any
business, occupation, profession or employment which to her or him may seem advisable. This
provision shall not be taken, however, to be an admission on the part of either Wife or Husband of
the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife
and Husband shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with her or him.
4. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge they have heretofore divided the marital property,
including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter,
Husband agrees that all of the property in the possession of Wife shall be the sole and separate
property of Wife; and, Wife agrees that all property in the possession of Husband shall be the sole
and separate property of Husband. Each of the parties does hereby specifically waive, release,
renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the
above items which are the sole and separate property of the other.
3
5. PENSION
Husband shall complete and perfect a Qualified Domestic Relations Order (QDRO) giving
wife $122,000.00 of his Teamsters Pension. Wife waives all other claims in said pension.
6. REAL PROPERTY
Husband hereby agrees to convey, transfer and grant to Wife his right, title and interest in the
real estate situated and located at 200 Sleepy Hollow Road, Lititz, Lancaster County. From the date
of this Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments,
taxes, claims, damages or other expenses incurred in connection with said premises, and Wife agrees
and covenants to hold Husband harmless from any such liability or obligation. It is noted that title is
vested in Wife already.
7. SUPPORT
Husband agrees that he will pay Wife the sum of $5,000.00. Because Wife acknowledges
that Husband does not presently have the liquid assets sufficient to make immediate payment of
amount, and that financing shall be necessary to raise the capital for such obligation, the parties
hereby agree that this sum shall be payable on or before September 30, 2010; said time being of the
essence and being the date of implementation of the provisions of this Agreement as herein provided.
The parties hereby acknowledge that by this Agreement they have each respectively secured
and maintained a substantial and adequate fund with which to provide themselves sufficient financial
resources to provide for their comfort, maintenance and support in the station of life in which they
are accustomed.
4
Wife and Husband do hereby waive, release and give up any rights they may respectively
have against the other for alimony, support or maintenance. It shall be, from the implementation date
of this Agreement as set forth, the sole responsibility of each of the respective parties to sustain
themselves without seeking any support from the other party; that is to say until the date of
implementation, Husband shall continue the existing support and maintenance.
8. TAX RETURNS
Husband further agrees that he will be responsible and hold Wife harmless for any contingent
liabilities on joint income tax returns previously filed by the parties and will agree to pay any claim
or expenses arising out of such returns or liabilities, unless additional liabilities are found to be
attributable to misrepresentations or failures to disclose the nature and extent of Wife's income as it
may appear on said previous tax returns.
9. LIABILITIES
Each party represents that they have not contracted any debt or liability for the other for
which the estate of the other party may be responsible or liable, and that except only for the rights
arising out of this Agreement, neither parry will hereafter incur any liability whatsoever for which the
other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the
other party harmless from and against all future obligations of every kind incurred by them, including
those for necessities. Wife agrees to pay all of the mortgage payments and to indemnify Husband
and hold him harmless for any claim by the mortgage company for the real estate located at 200
Sleepy Hollow Road, Lititz, Pennsylvania.
5
10. NO BAR TO FURTHER PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available. It is agreed that this Agreement shall not be impaired by any
divorce decree which may be granted but shall continue in full force: and effect notwithstanding the
granting of any such decree. This Agreement is not intended to condone and shall not be deemed to
be a condonation on the part of either party hereto of any act or acts on the part of the other party
which have occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof.
11. MUTUAL RELEASE
Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge
the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and
from any and all rights, titles and interests, or claims in or against the property (including income and
gain from property hereafter accruing) of the other or against the estate of such other, of whatever
nature and wheresoever situate, which she or he now has or at any time hereafter may have against
the other, the estate of such other or any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the
nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or
under the intestate laws, or the right to take against the spouse's will.; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a
deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State,
6
Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife
may have or at any time hereafter have for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof.
It is the intention of Wife and Husband to give to each other by the execution of this Agreement a
full, complete and general release with respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter acquire, except and only except all
rights and agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction
of the conditions precedent as set forth herein above.
12. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at least thirty (30)
days after demand therefore) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement, and as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectually the terms of this .Agreement.
13. SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to the
benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns.
7
14. ENTIRE AGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains all of the
representations, promises and agreements made by either of them to the other for the purposes set
forth in the preamble hereinabove; that there are no claims, promises or representations not herein
contained, either oral or written, which shall or may be charged or enforced or enforceable unless
reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition,
clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any
other term, condition, clause or provision of this Agreement.
15. BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated pursuant to
the terms of this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the
same or similar nature.
16. SEVARABILITY
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be
stricken from this Agreement and in all other respects this Agreement shall be valid and continue in
full force, effect and operation. Likewise, the failure of any party to meet her or his obligations
under any one or more of the paragraphs herein, with the exception of the satisfaction of the
conditions precedent, shall in no way avoid or alter the remaining obligations of the parties.
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17. BREACH / ENFORCEMENT
Any party breaching this agreement is liable to the other party for all costs and counsel fees
reasonably incurred by the non-breaching party to enforce his or her rights under the Marital
Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party
may file in either law or equity, in any court of competent jurisdiction, including, but not limited to
the county in which they or the opposing party reside.
Should either party fail in the due performance of the terms under this Agreement, the other
party shall be able at his or her discretion to sue for performance or for damages for a breach of the
Agreement. The party who is deemed to have failed in the due performance of the terms hereunder
shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or
for damages for breach of the Agreement, including counsel fees.
18. NOTICE PROVISIONS
(a) Notice to Husband shall be sent by certified mail, return receipt requested to Karl E.
Rominger, Esquire, 155 South Hanover Street, Carlisle, Pennsylvania 17013, or such other address
as Husband from time to time may designate in writing.
(b) Notice to Wife shall be sent by certified mail, return receipt requested, to Michelle S.
Byers, 200 Sleepy Hollow Road, Lititz, Pennsylvania 17543, or such other address as Wife from
time to time may designate in writing.
9
19. HEADINGS
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meanings, construction or effect.
20. EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed; however, the
transfer of the property provided for herein shall only take place upon the entry of a final decree in
divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as
indicated. Notwithstanding the foregoing, if a final decree in divorce shall not have been obtained
within four (4) months from the date of execution of this Agreement, this Agreement shall be null
and void.
21. DISCONTINUANCE OF ACTIONS
Upon the implementation of the obligations which are to be performed by Husband as more
particularly hereinabove set forth, Wife will deliver to Husband's attorney, Karl E. Rominger,
Esquire, such orders and documents as may be necessary to mark settled, discontinued and ended the
pending proceedings as set forth hereinbefore to which shall be affixed Wife's consent thereto. Wife
warrants and covenants that she has instituted no other legal action in Pennsylvania or other
jurisdiction and covenants and agrees that she will not institute any legal proceeding in the future
against Husband excepting for the purpose of enforcing any rights accruing to her under the terms of
this Agreement.
10
22. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as
parties hereto, acknowledge the receipt of a duly executed copy hereof.
Kar, . Rominger, Esquire
g'
itnes fo ich le S. Byers
, R v-u r
Keith A. Byers, Plainti
41-nid! 9. ??&as -
Miche le S. Byers, Def ndant
COMMONWEALTH OF PENNSYLVANIA )
. SS.
COUNTY OF CUMBERLAND
On this, the day of ? f 4 ? , 2010, before me, the subscriber, a
Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland,
personally appeared Keith A. Byers and in due form of law acknowledged the abo?Agreement to
be his act and deed and desired the same to be recorded as such. ?-A/ %
otary
COMMONWEALTH OF PENNSYLVANIA ) coMMONwEw-TH OF PENNSYLVANIA
NOWMSeW
SS. TwwrJe L. Peden, Nolary Ptj*
COUNTY OF CUMBERLAND ) c "* ft0' cA+nbetbM C =ty
My Cortrnis" E*kw Sept. 8, 2011
MM W ftnnsYlvanle AssoelWon of Ncftdes
On this, the day of 2010, before me, the subscriber, a
Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland,
personally appeared Michelle S. Byers and in due form of law aq4nowledged a ab ve Agreement
to be her act and deed and desired the same to be mcorded as soh.
COMMONWEALTH OF PENNSYLVANIA Np
T&M98 L Palate, No?ryPubfic
Carls(e 80%
My con.rrselon e s 9, 20 1 11
Member, Pennsylvania Asaooletlon of Notaries
T30MINGER Assoc IATES
Attornevs at Lacv
Karl E. Rominber Michael O. Palermo, Jr.
Vincent M. ti`lontredo
August 17, 2010
Michelle S. Byers
200 Sleepy Hollow Road
Lititz, Pennsylvania 1743
RE: Byers v. Byers
Docket No.: 2010-2808
Dear Ms. Byers:
Enclosed please find an Affidavit of Consent and Waiver of Notice for your
signature. Please sign and date the same where indicated and return the documents to the
office in the enclosed self addressed stamped envelope.
Again should you have any questions you should consult an attorney of your own
choosing.
Sincer'?lx,
Ka . Rominger, Esquire
KERitlp
Enclosure
cc: Keith A. Byers (via electronic delivery only)
153 South Hanover Street, Carlisle, Pennsylvania 17013 • "ref: (717) 241-6070 • Fax: (71') 241-6878
a PETITIONER'S
0 EXHIBIT
ADVOCACY a NSWERS
a
KEITH A. BYERS,
A'.
IN THE COURT OF COMNIONPLEAS OF
Plaintiff CL MBERL,AND COUNTY, PENNSYLVANIA
vIICHELL.E S. BYERS,
Defendant
CIVIL ACTION- LAW
NO. 10 - 2808 CIVIL TERNI
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on April 27, 2010.
2_ The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing 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.
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:
Michelle S. Byers, Defendant
KEITH A. BliERS,
V.
IN THE COURT OF CO_M.NION PLEAS OF
Plaintiff : CL."*IBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10 - 2808 C[`'IL TERdi
IN DIVORCE
NUCHELLE S. BY ERS,
Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) OF THE DIVORCE CODE
1 I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Date:
Michelle S. Byers, Defendant
Michelle S. Byers
zoo Sleepy Hollow Road
Lititz, PA 17543
717.682.6257
October 27, 2010
Karl E. Rominger, Esquire
Rominger & Associates
155 South Hanover Street
Carlisle, PA 17013
Dear Mr. Rominger,
fr ,?SL1t ,?+? E
The purpose of this letter is to inform you of an impasse Keith and I have reached and my intention.
When signing the Waiver of Notice of Intention as requested, I took note of paragraph 2 wherein it
states 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." As of this date, a second pension fund that seems to have
been hidden from me has not yet been divided. Therefore, please accept this as notification that I am
not in agreement with the terms of our divorce until this matter has been resolved.
I understand that my husband wants to finalize this divorce "yesterday." It is not my intention or wish to
make this process more difficult or costly for him. Nor do I wish to delay it longer than we've agreed for
tax reasons. For this reason, I have spoken with but not retained an attorney in hopes that we can come
to a quick resolution through an addendum or whatever method is least expensive.
I received notice from Teamster's Pension Fund that there is an additional Defined Benefit Plan that
began in January of 2003. Keith never informed me of this asset and when I asked him about it, he told
me that it was consolidated with the one that we had come to an agreement on for the QDRO with a
50/50 split (the Retirement Income Plan 1987.) A three way call between Keith, Michele Houck at
Teamster's and myself revealed that this was not the case. Michele Houck explained that this pension
plan paid out a monthly payment beginning at age 62. She also stated that while there is normally a fee
involved and usually a required request from the attorneys, she is willing to send us the information, at
no charge, with a simple letter signed by Keith. This is necessary because Keith states he had discarded
the yearly report. I have attached a copy of the most recent statement.
Keith has always told me that he would be fair in this divorce and not cheat me. In fact, with Keith on
the phone while I was in your office, in front of your secretary, I addressed this concern as well as the
fact that there was no reference to our agreement of submitting a joint 2010 tax return within the
documents I was there to sign. I was assured by Keith that he would be fair and he wasn't "out to
screw" me. As a result and because we had already agreed to a 5015o distribution of the pension
(exclusive of the one that existed prior to our involvement), I signed the documents believing that, as
with the other particulars of our property division that are not specifically addressed therein, he would
be true to his word.
Since then, it has been necessary to have an additional document drawn to facilitate the tax agreement.
Also, I have attempted to discuss this pension with him and have repeatedly been told that he is not
giving me one penny of it. He has repeatedly threatened that he would have the current QDRO
rescinded. He has screamed at me, han s u when I try to discuss it and refuses to have a two-way
a PETITIONER'S
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conversation about it. My position is that I am entitled to my half of the Defined Benefit Plan monthly
payment and am willing to move forward in finalizing this divorce if and when this is accomplished.
To save all of us the frustration of going back and forth on this issue while incurring more debt for Keith,
I will address the statements below that he has already made to me and will likely offer as justification
for denying me any benefit from this pension.
Keith has stated, on numerous occasions that he is giving me half of the pension because he wants to be
fair in light of the facts. Since requesting that the "newly found" Defined Benefit Plan be split, he has
taken the position that he has "been more than fair" by maintaining that he paid more than he legally
had to with the current QDRO because we weren't married for the first three years. I would argue that
while he possibly paid more than legally required, he originally "wanted to be fair" because even though
we were not legally married, we lived together in my apartment from the inception of that pension while
I cared for his daughter, worked two and three jobs to help pay his extensive legal fees for custody of his
daughter and did extensive legwork and research for his various attorneys. The accumulated funds for
those first three years prior to our marriage could only be minimal at best. I can't imagine that the cost
of calculating the benefits would even be worth any possible savings he could possibly achieve. That
was one of the reasons discussed when we decided on 50150. 1 have endured MANY affairs and have
been blamed for all of them. I have not participated in spiteful measures. 50% of the pension was fair
under all these circumstances and I was proud of him for being honorable about that. However, in
reality, to hide one pension fund under the guise of generosity with another does not make for a fair
settlement.
Keith will argue that he left in October of 20o6 and therefore I'm not entitled to 50% of the Defined
Benefit Plan. While it is true that he left at the end of 2oo6, the contributions for the past two years have
been non-existent because he was on Workmen's Comp with only a $43.77 in 2009.
Keith left very shortly after my hip surgery and I have since had two sinus surgeries in an attempt to
avert chronic sinus infections. I have regularly spent more than half of my spousal support each week on
physical therapy, medications, and copays. I am not unaware that Keith would likely have been required
to make those payments or at least a portion of them, in addition to support.
I have been chronically ill since before separation and am now to the point of at least temporary
disability. I have been more than fair in not asking for other compensatory measures while I attempt to
resolve my illness. I have stayed true to my word in not requesting alimony. I do not, however, know
what the future holds for me medically and I am unwilling to walk away from the pension that we both
earned in our own ways. I believe it is going to be vital to my ability to take care of myself in the future
and therefore take the stand that these are the steps I would like to see us take toward the final
resolution of this matter.
1. 50% of the Defined Benefit Plan monthly payments
2. Upon completion of an agreement for the Defined Benefit Plan, I will sign whatever
documentation is needed for Keith to have his divorce as of January 2, 2011 with the provision
that a joint tax return for 2010 is timely filed.
Please feel free to contact me at the above number with any concerns.
Sincerely,
1C?Cl£. ?, i?(?
Michelle S. Byers
n Fund 2009 Statement of Benefits
Defined Benefit Plan
KEITH
This Plan is a Defined Benefit Plan, which means that your Retirement benefit is based on a formula which
takes into account your years of Covered Employment. There are no individual accounts established to which
portions of the Employers' contributions are credited.
The amount of your monthly Normal Retirement Benefit, payable in the form of a Single Life Annuity with 36
Months Certain, is equal to the sum of:
1. Your Past Service monthly benefit (which may be reduced if you Retire before age 57) -- This is the frozen
benefit., if any, that you earned under the Plan for your Years of Benefit Service completed prior to the
expiration date of your applicable collective bargaining agreement in 1987. 1988 or 1989,
plus
2. Your Future Service monthly benefit (which may be reduced if you Retire before age 65) - This monthly
benefit is equal to 1.25% of the aggregate Contributing Employer contributions made on your behalf for
Plan Years beginning on or after January 1, 2003. This monthly benefit accrual is subject to a maximum
(for 2006 - $160, for 2007 - $170, for 2008 - $180, for all other years - $140.)
Please see the section "Looking Ahead - Your Projected Benefits Under the Defined Benefit Plan" on page 4 for important information regarding
your Future Service monthly benefit.
If you leave Covered Employment on or after your attainment of age 57 with 25 or more Years of Benefit
Service under the Plan and you meet the 2-Year and 45-Day Rules (please refer to the Summary Plan
Description for more details), your benefit will at least be equal to the Combined Minimum Monthly Benefit.
Your Accrued Monthly Benefit as of December 31, 2009*
As of 1213112009, your accrued monthly benefit under the Plan (payable as a single life annuity with 36
months certain) was equal to $1,006.70 as follows:
1. Past Service Monthly Benefit
Future Service Monthly Benefit (subject to the maximums above)
2003 - 2008 Employer Contributions of $57.677.63 x 1.25% ............. $ 720.98
2009 Employer Contributions of $3,501.60 x 1.25% .......................... S 43.77
Total .................................................................................................................. S 764.75
3. Total Monthly Benefit: (1)+(2) ............................................................... $ 1,006.70
'May include adjustments not reflected in prior year statements.
Combined Minimum Monthly Benefit
The Combined Minimum Monthly Benefit (CMMB), payable in the form of a Single Life Annuity with 36
Months Certain, is equal to:
• $3,100, prorated for Employer contributions that are less than the Full Contribution Level,
minus
• The actuarially equivalent monthly Single Life Annuity with 36 Months Certain Benefit (calculated using
the UP 1984 Mortality Table and an interest rate of 7.0%) that could be purchased by your RIP account
balance, based on the most recently completed valuation available at the time your Combined Minimum
Monthly Benefit is calculated.
In addition, if you are eligible for the CMMB, you can elect to "roll over" your RIP account balance to this Plan
through a trustee-to-trustee transfer and receive an actuarially equivalent monthly benefit from this Plan
(calculated using the UP 1984 Mortality Table and an interest rate of 7.0%).
Page 3
Central Pennsylvania Teamsters Pension Fund
JOSEPH J. SAMOLEWICZ, Administrator CVbIA?l
Hoard of1batm:
WILLIAM M. SHAPPELL, Chairman and Trustee
TOM I VENTURA. Seaetar9 and Trustee
KEVIN M. CICAK,1Ytutm
TOMM FORRIM, Trueke
MARK L. r011NS0N, Troatee
r. CIUMTOPOR MICHAEL, Trustee
KEITH L. NOLL, Tnutae
HOWARD W. RHINIER, Tmatee
DQCHAEL P. RYS, Thuteo
DANIEL W. SClnor, Trutt
June 15, 2010
Mr. Karl E. Rominger, Esquire
Rominger & Associates
155 S. Hanover Street
Carlisle, PA 17013
RE: Central Pennsylvania Teamsters Pension Fund;
Byers v. Byers, Domestic Relations Order
ParticiRant: Keith Byers, SS# xxx-xx-0572
Alternate Payee: Michelle Byers. SS# xxx-xx-4479
Dear Attorney Rominger:
MARTIN L. CULLEN, Assistant Administrator
1055 Spring Street, Wyomissing, PA 19610
Mailing Address: P.O. Box 15223
Reading, PA 19612-5223
010www.CentralPATeamsters.com
Phone: 610-320-5505
TOLL FREE IN PA: 1-800.343-0136
TOLL FREE IN USA: 1-800-331-0420
FAX: 610-3204239
I am writing to advise that we received the proposed domestic relations Order for the above-
referenced parties on June 11, 2010 and that it has been forwarded to Fund legal counsel for
review. Following legal counsel's review of the proposed Order (the "Order" ), we will advise
whether the Order if entered by a court, and submitted to the Fund office, would constitute as a
Qualified Domestic Relations Order ("QDRO" ), as defined in section 414(p) of the Internal
Revenue Code of 1986, as amended, and section 206(d) of the Employee Retirement Income
Security Act of 1974, as amended. When the final court Order is submitted, we will review the
Order and advise whether or not it constitute as a QDRO. The parties will have 60 days, from the
date this letter is sent to them, to file an appeal with the Fund office. Generally, during this 60-
day period, no distributions will be paid to the Participant or the Alternate Payee, unless both
parties agree to the contrary and benefits otherwise would be payable under the plan at that time.
If no comments are received, the determination will be final.
The Fund's records indicate that the Participant has an accrued benefit in both the Central
Pennsylvania Teamsters Defined Benefit Plan (the "DB Plan') and the Central Pennsylvania
Teamsters Retirement Income Plan 1987 ("RIP 198T'). The DB Plan is a defined benefit plan
that pays a monthly benefit. RIP 1987 is a money purchase plan, a type of defined contribution
plan. A participant's benefit under RIP 1987 is equal to the employer contributions made to his
account as adjusted for net earnings and administrative expenses. RIP 1987 is not a participant-
_ directed-plan;-all-investment-decisions-are-made-by-investment•managers--who-are-selected-by-the -
Board of Trustees. No specific assets are actually allocated to a participant's account. Instead,
the account is a bookkeeping account that reflects a participant's allocable share of the plan's
assets. No loans or hardship distributions are permitted under the plan documents. Assets are
valued monthly. Accordingly, a participant's account balance, at any given time, is the value
a PETITIONER'S
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Karl E. Rominger, Esquire.
June 15, 2010
Page 2
determined as of the last day of the preceding month. The normal form of benefit for a married
participant under RIP 1987 is a qualified joint and survivor annuity, and for an unmarried
participant, a single life annuity. However, a participant may elect to receive his RIP 1987
benefit in a lump sum payment with spousal consent. Accordingly, an alternate payee also may
elect to receive a lump sum cash benefit (which may be in the form of .i check, or directly rolled
over to another qualified plan or to an IRA).
Under certain circumstances, participants may be entitled to roll over their benefit in RIP 1987
and receive a larger benefit in the DB Plan and a smaller benefit under RIP 1987. This election is
not available until a participant actually retires. This election is recent and, with a few
exceptions, generally applies to long service participants who were active in the plan after
December 2002. The Summary Plan Description for the DB Plan provides a summary of these
rules.
Enclosed for your information are a copy of the Fund's Domestic Relations Order Procedures (the
"Procedures") and a copy of the Summary Plan Description for the DB Plan (the "SPD"). The
Fund Administrator will follow these Procedures to determine whether the Order is a QDRO.
The SPD will provide you with a description of the benefit provisions of the DB Plan.
For the security of the Participant and Alternate Payee, please do not include social security
numbers in the court Order. You may provide this information to the Fund Office in
correspondence or via telephone.
It is strongly recommended that each party promptly contact a lawyer in connection with this
matter. The status of the Order that has been received may have substantial financial
consequences to the Participant, to the Participant's beneficiaries and to each person who is
identified as an "alternate payee" in the Order. Each party has the right to designate a
representative to act on his or her behalf.
We urge each notified party to keep your mailing address current with this office while the status
of the Order is being determined.
If you have any questions regarding this matter, please do not hesitate to call me.
Very truly yours,
Central Pennsylvania Teamsters
Pension Fund
Michele Houck
Pension Benefit Manager
Enclosures
cc: Keith A. Byers, w/ enclosures
Michelle Byers, w/ enclosures
Deborah M. Lerner, Esquire, Fund Counsel
JUN 2 8 2010
KEITH A. BYERS,
Plaintiff
V.
MICHELLE S. BYERS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 10 - 2808 CIVIL TERM
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
In accordance with the agreement of the parties, this order disposes of all or a
portion of the Participant's benefit in the Central Pennsylvania Teamsters Retirement
Income Plan 1987 (the "Plan").
1. Participant information:
Name: Keith A. Byers
Address:_ 101 South Locust Street
Camp Hill, Pennsylvania 17011
Date of Birth: 06/19/1956
Social Security No.: xxx-xx-xxx
2. Alternate Payee Information:
Name: Michelle S. Byers
Address: 200 Sleepy Hollow Road
Lititz, Pennsylvania 17543
Date of Birth: 05/19/1953
Social Security No.: xxx-xx-xxx
3. Date of Marriage and Separation/Divorce: The Participant and the Alternate
Payee were married on August 31, 1990, and were separated/divorced on
September 30, 2006.
4. Assignment of Benefit to Alternate Payee: The Altemate Payee is hereby assigned a
portion of the Participant's account balance under the Plan. The Fund is to make
payment of the Alternate Payee's benefits directly to the Alternate Payee.
5. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternative
Payee a portion of the Participant's vested accrued benefit under the Plan.
When identifying the benefits to be awarded to the Alternate Payee, the parties
may designate either:
(a) A specific dollar amount; Jk Inn
(b) A percentage; or
C
(C) An amount determined using a formula.
Q PETITIONER'S
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If either a percentage or formula is used, the parties must indicate a date as of
which the percentage or formula is determined. Check one of the following options
and complete the applicable blank, or select an alternative method that the Plan
Administrator can calculate based on information that it possesses.
® The Alternate Payee shall receive One Hundred Twenty-Two Thousand dollars
($122,000.00).
Or
? The Alternate Payee shall receive a benefit equal to percent
of the Participant's vested account balance as of . If
a date other than a Plan valuation date is chosen, the Fund will calculate the Alternate
Payee's benefit using the Plan valuation date closest to the date selected by the
parties.
Or
Q The benefit payable to the Alternate Payee shall be determined by
multiplying percent of the Participant's vested accrued benefit by a
fraction, the numerator of which is [the number of months from the date the
Participant commenced participation in the Plan or the date of the parties'
marriage, to the date of the parties' separation/ dh?orcel and the denominator of
which is [the number of months the Participant participated in the Plan until the
date of the Participant's retirement or the date the Alternate Payee receives her
benefit, if earlier}.
The Fund shall separately account for the benefits awarded in this Section as
soon as administratively possible after the Order is determined to be a qualified
domestic relations order. If section 1. B is elected, the Alternate Payee shall be
credited with net income, loss or expense from the date set forth above until the date
the Alternate Payee receives the awarded benefits. If either section LA or 1.0 is
elected, check one of the following options and complete the applicable blank:
? The Alternate Payee shall be credited with net income, loss or expense from
the date this Order is determined to be a QDRO until the date the Alternate Payee
receives the awarded benefits.
Or
® The Alternate Payee shall be credited with net income, loss or expense from
July 1, 2010, until the date the Alternate Payee receives the awarded benefits.
6. Form of Payment: The Alternate Payee may elect to receive payment from the
Plan in any form in which benefits may be paid under the Plan to the Participant
(other than in the form of a joint and survivor annuity).
7. Beneficiary: The Alternate Payee may select a beneficiary to receive her benefits
by filing a beneficiary designation form with the Fund Office. In the event the
Alternate Payee should die prior to receiving all of the assigned benefits, the Plan
shall pay the benefits to the beneficiary selected by the Alternate Payee on a
beneficiary form provided by the Fund Office, or if no beneficiary is selected, to
the Alternate Payee's estate.
8. Date of Payment: The Alternate Payee may elect to receive payment from the Plan
at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted
under the Plan. For purposes of this paragraph, the Participant's earliest retirement
age means the earlier of
(a) the date on which the Participant is entitled to a distribution under the Plan;
or
(b) the later of either:
(i) the date the Participant attains age 50; or
(ii) the earliest date on which the Participant could begin
receiving benefits under the Plan if the Participant separated from
service.
Generally, the Participant's earliest retirement age is 57. However, a
Participant with 20 Years of Service may separate from service and receive benefits
at age 55. A Participant with 30 Years of Service may separate from service and
retire at any age.
9. Construction: This order is not intended, and shall not be construed in such a
manner as, to require the Plan Administrator:
(a) to provide any form of benefit option not otherwise provided under the
terms of the Plan;
(b) to require the Plan to provide increased benefits determined on the basis of
actuarial value; or
(c) to require the payment of any benefits to the Alternate Payee under another
order which previously was deemed to be a Qualified Domestic Relations
Order.
10. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and
not the Participant shall be treated as the distributee of all benefits made by the Plan
to the Alternate Payee pursuant to this order. The Fund will'issue a Form 1099-R to
the Alternate Payee with respect to each calendar year in which the Alternate Payee
receives benefits and will report such income to the IRS under the Alternate Payee's
name and Social Security Number.
11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to
amend the order if necessary to establish or maintain its qualification as a Qualified
Domestic Relations Order under applicable law.
12. Qualification. The Order is intended to constitute a qualified domestic relations
order within the meaning of Section 414(p) of the Internal Revenue Code of 1986. as
amended, and Section 206(d) of the Employee Retirement Income Security Act of
1974, as amended, and shall be interpreted in a manner consistent with such
intention.
So ORDERED, this ?044 , day of -, 2010
WczTli
155 South Hanover Street
Carlisle, PA 17013
J.,
aim
Michell S. Byers, Defendant
Attorney for Alternate Payee/Address
kfiae?eeL 4), klo?
Judge
TRUE COPY FROM RECORD
h l? wt Haar urft ow nq hand
and VWJ? darid dNN, Pa
Ttra ?L°.dq of 5,?., 20
_
ROMINGER & ASSOCIATES
155 South Hanover Street
Carlisle, Pennsylvania 17013
104 West Chestnut Street
Lancaster, Pennsylvania 17603
160 Lincoln Way East
Chambersburg, Pennsylvania 17201
Attorneys at Law
November 12, 2010
Michelle S. Byers
200 Sleepy Hollow Road
Lititz, Pennsylvania 17543
Dear Ms. Byers:
Reply to Carlisle
Tel: (717) 241-6070
Fax: (717) 241-6878
Karl E. Rominger
Vincent M. Monfredo
Eric R. David
Drew F. Deyo
I am in receipt of your October 27, 2010, letter and have conferenced with my
client on the same. It is my recollection that you raised concerns about the secondary
benefit plan prior to signing the Marital Settlement Agreement. My understanding is you
were aware there was additional retirement funds available, but wished to settle the
matter and waive your claim in the same.
I believe that can be proved, that in fact you can not now undo a written
agreement you entered into. Further, to the extent you claim you did not know about this
at the time of the Marital Settlement Agreement, it is clear that you knew about it at the
time you entered into the QDRO.
Therefore, please sign the required documents which I have again enclosed to
finalize this divorce, or I will be forced to proceed to get an order of court to compel and
seek attorney's fees against you. If you have any questions about this letter I strongly
urge you to seek counsel of your own choosing.
Sincerely,
K. Rominger, Esquire
KER/tlp
cc: Keith Byers (via electronic delivery only)
A
PETITIONER'S
W EXHIBIT
J
F
Fa-
a
KEITH A. BYERS, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
MICHELLE S. BYERS, : NO. 10 - 2808 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was fried
on April 27, 2010.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing 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.
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:
Michelle S. Byers, Defendant
KEITH A. BYERS,
Y.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 10 - 2808 CIVIL TERM
: IN DIVORCE
MICHELLE S. BYERS,
Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony„ division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Date:
Michelle S. Byers, Defendant
KEITH A. BYERS,
V.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE S. BYERS,
Defendant
AGREEMENT, made this
day of , 2010, between Keith A. Byers
(hereinafter called "Husband") and Michelle S. Byers (hereinafter called "Wife").
Husband and Wife agree that they will file joint tax returns for the year 2010, and Wife agrees
that she will execute the Affidavit of Consent and Waiver of Notice along with the Agreement so a
Decree in Divorce may be entered by the Court. If Wife fails to provide a signed Affidavit of Consent
and Waiver of Notice along with this Agreement, Husband will not file a joint tax return for the year
2010. This agreement is meant to be an addition and amendment to the previous agreement of the parties.
Witness for Michelle S. Byers
Michelle S. Byers, Defendant
Witness for Keith A. Byers Keith A. Byers, Plaintiff
COMMONWEALTH OF PENNSYLVANIA )
SS.
COUNTY OF CUMBERLAND )
On this, the day of , 2010, before me, the subscriber, a
Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally
appeared Keith A. Byers and in due form of law acknowledged the above Agreement to be his act and
deed and desired the same to be recorded as such.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
SS.
}
On this, the day of , 2010, before me, the subscriber, a
Notary Public for the Commonwealth of Pennsylvania, residing in the County of , personally
appeared Michelle S. Byers and in due form of law acknowledged the above Agreement to be her act and
deed and desired the same to be recorded as such.
CIVIL ACTION - LAW
NO. 10 - 2808 CIVIL TERM
IN DIVORCE
AGREEMENT
Notary Public
KEITH A. BYERS,
V.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE S. BYERS,
Defendant
: CIVIL ACTION - LAW
: NO. 10 - 2808 CIVIL TERM
: IN DIVORCE
ORDER OF COURT
AND NOW, this 16 - day of , 2011, upon consideration of
the within Petition to Enforce Marital Settlement Agreement,
avi o onsent an aiver
la-finahze-t'her Divorce between the parties. ft is
of Notice necessary for Plaintiff's counsel
$ for her breach of the Marital Settlement Agreement a* in the ai*e= :a+?4e a
hearing is scheduled for the 7 day of 2011, at 3 ; 62) o'clock _.M.,
in Courtroom #_ %_ of the Cumberland County Courthouse, Carlisle, Pennsylvania.
By the
Distribution:
/Karl E. Rominger, Esquire
155 South Hanover Street
arlisle, Pennsylvania 17013
Michelle S. Byers
200 Sleepy Hollow Road
Lititz, Pennsylvania 17543
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KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. .
: CIVIL ACTION - LAW
MICHELLE S. BYERS, : NO. 10 - 2808 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO DISCONTINUE
TO THE PROTHONOTARY:
Please mark the Petition to Enforce Marital Settlement Agreement as discontinued and settled
on behalf of the Plaintiff, Keith A. Byers, for the above captioned docket number. ==a
Date: March 21, 2011
Respectfully Submitted, '' rv
Rominger & Associates
:74
KarYE. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
717) 241-6070
Supreme Court I.D. # 81924
Attorney for Plaintiff
J
KEITH A. BYERS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 10 - 2808 CIVIL TERM
: IN DIVORCE
V.
MICHELLE S. BYERS,
Defendant
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, certify that I this day served a copy of the within Praecipe upon the
following by depositing the same in the United States Mail, postage pre-paid, via first class mail, in
Carlisle, Pennsylvania, addressed as follows:
Michelle S. Byers
200 Sleepy Hollow Road
Lititz, Pennsylvania 17543
Respectfully Submitted,
Rominger & Associates
k
Date: March 21, 2011
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
717) 241-6070
Supreme Court I.D. # 81924
Attorney for Plaintiff
KEITH A. BYERS,
V.
Plaintiff
MICHELLE S. BYERS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,
PENNSYLVANIA
: CIVIL ACTION - LAW r
: NO. 10 - 2808 CIVIL TERM'
: IN DIVORCE
ACCEPTANCE OF SERVICE
r -
y ?. a
I, hereby accept service of the Complaint in Divorce, as I am the Defendant Michelle S.
Byers, in the above captioned action.
Date: 5 1
Mich le S. Byers, Defendant
KEITH A. BYERS,
V.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE S. BYERS,
Defendant
: CIVIL ACTION - LAW
: NO. 10 - 2808 CIVIL TERM u= _
: IN DIVORCE
AFFIDAVIT OF CONSENT`
..7
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on April 27, 2010.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint.
1 1 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: Z
r& -A
Keith A. Byers, Plaintiff
KEITH A. BYERS,
V.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. 10 - 2808 CIVIL TERM
: IN DIVORCE
MICHELLE S. BYERS,
Defendant
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
'J
v
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 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: 3 Z/ f1
' 1
)& 9-A --;n -
Keith A, Byers, Plaintiff
KEITH A. BYERS,
Plaintiff
V.
MICHELLE S. BYERS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.. t
. CIVIL ACTION - LAW 00
r
: NO. 10 - 2808 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on April 27, 2010.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing 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.
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: I ? ,
1 «J 1 `-?
Michelle S. Byers, Defendant
KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHELLE S. BYERS,
Defendant
: CIVIL ACTION - LAW
: NO. 10 - 2808 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 3301(c) OF THE DIVORCE CODE
1. 1 consent to the entry of a final decree of divorce without notice.
2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
3. 1 understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to
unsworn falsification to authorities.
Date: J
r'
Michelle %J Byers, Def ndant
KEITH A. BYERS,
V.
: IN THE COURT OF COMMON PLEAS b r
Plaintiff : CUMBERLAND COUNTY, PENNSYLVA- ,
: CIVIL ACTION - LAW
MICHELLE S. BYERS, : NO. 10 - 2808 CIVIL TERM
Defendant : IN DIVORCE
MARITAL SETTLEMENT AGREEMENT
AGREEMENT, made this c2'54? day of ?, 2010, between Keith A. Byers
(hereinafter called "Husband") and Michelle S. Byers (hereinafter called "Wife")
WITNESSETH:
The parties hereto are Husband and Wife, having been married on August 31, 1990, at
Elkton, Maryland. There were no children born of this marriage.
Diverse unhappy differences, disputes and difficulties have arisen between the parties and it
is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and
the parties hereto desire to settle fully and finally their respective financial and property rights and
obligations as between each other, including without limitation: (1) the settling of all matters
between them relating to the ownership of real and personal property; (2) the settling of all matters
between them relating to the past, present and future support and/or maintenance of Wife by
Husband and of Husband by Wife; (3) in general, the settling of any and all claims and possible
claims by one against the other or against their respective estates.
1
NOW THEREFORE, in consideration of the premises and of the mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
1. AGREEMENT NOT PREDICATED UPON DIVORCE
It is specifically understood and agreed by and between the parties hereto and each of the said
parties does hereby warrant and represent to the other that the execution and delivery of this
Agreement is not predicated upon nor made subject to any agreement for the institution, prosecution,
defense or for the non-prosecution or non-defense of any action for divorce; provided, however, that
nothing contained in this Agreement shall prevent or preclude either of the parties hereto from
commencing, instituting or prosecuting any action or actions for divorce, either absolute or
otherwise, upon just, legal and proper grounds, nor to prevent either party from defending any such
action which may, has been, or shall be instituted by the other party, or from making any just or
proper defense thereto. The parties further agree that they will each sign the Affidavit of Consent
and Waiver of Notice after the required ninety (90) day time period has elapsed when such a divorce
procedure is instituted.
2. ADVICE OF COUNSEL
Husband and Wife declare that each has had a full and fair opportunity to obtain independent
legal advice of counsel of her and his selection; that Husband has been independently represented by
Karl E. Rominger, Esquire and that Wife, is aware of her rights to legal representation, declares that
she has consulted her own counsel, or it is her express, voluntary and knowing intention not to obtain
2
counsel and she chooses instead to represent herself with respect to the preparation and execution of
this Agreement, and waives her right to representation.
3. PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live separate and apart. Each shall be
free from all control, restraint, interference or authority, direct or indirect, by the other in all respects
as fully as if she or he were unmarried. Each may reside at such place or places as she or he may
select. Each may, for her or his separate use or benefit, conduct, carry on and engage in any
business, occupation, profession or employment which to her or him may seem advisable. This
provision shall not be taken, however, to be an admission on the part of either Wife or Husband of
the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. Wife
and Husband shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner
whatsoever with her or him.
4. PERSONAL PROPERTY
Husband and Wife do hereby acknowledge they have heretofore divided the marital property,
including, but without limitation, jewelry, clothes, furniture and other personalty, and hereafter,
Husband agrees that all of the property in the possession of Wife shall be the sole and separate
property of Wife; and, Wife agrees that all property in the possession of Husband shall be the sole
and separate property of Husband. Each of the parties does hereby specifically waive, release,
renounce and forever abandon whatever claims, if any, she or he may have with respect to any of the
above items which are the sole and separate property of the other.
3
5. PENSION
Husband shall complete and perfect a Qualified Domestic Relations Order (QDRO) giving
wife $122,000.00 of his Teamsters Pension. Wife waives all other claims in said pension.
6. REAL PROPERTY
Husband hereby agrees to convey, transfer and grant to Wife his right, title and interest in the
real estate situated and located at 200 Sleepy Hollow Road, Lititz, Lancaster County. From the date
of this Agreement, Wife agrees to assume as her sole obligation any and all mortgage payments,
taxes, claims, damages or other expenses incurred in connection with said premises, and Wife agrees
and covenants to hold Husband harmless from any such liability or obligation. It is noted that title is
vested in Wife already.
T SUPPORT
Husband agrees that he will pay Wife the sum of $5,000.00. Because Wife acknowledges
that Husband does not presently have the liquid assets sufficient to make immediate payment of
amount, and that financing shall be necessary to raise the capital for such obligation, the parties
hereby agree that this sum shall be payable on or before September 30, 2010; said time being of the
essence and being the date of implementation of the provisions of this Agreement as herein provided.
The parties hereby acknowledge that by this Agreement they have each respectively secured
and maintained a substantial and adequate fund with which to provide themselves sufficient financial
resources to provide for their comfort, maintenance and support in the station of life in which they
are accustomed.
4
Wife and Husband do hereby waive, release and give up any rights they may respectively
have against the other for alimony, support or maintenance. It shall be, from the implementation date
of this Agreement as set forth, the sole responsibility of each of the respective parties to sustain
themselves without seeking any support from the other party; that is to say until the date of
implementation, Husband shall continue the existing support and maintenance.
8. TAX RETURNS
Husband further agrees that he will be responsible and hold Wife harmless for any contingent
liabilities on joint income tax returns previously filed by the parties and will agree to pay any claim
or expenses arising out of such returns or liabilities, unless additional liabilities are found to be
attributable to misrepresentations or failures to disclose the nature and extent of Wife's income as it
may appear on said previous tax returns.
9. LIABILITIES
Each party represents that they have not contracted any debt or liability for the other for
which the estate of the other party may be responsible or liable, and that except only for the rights
arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the
other party or the estate of the other party, will be liable. Each party agrees to indemnify or hold the
other party harmless from and against all future obligations of every kind incurred by them, including
those for necessities. Wife agrees to pay all of the mortgage payments and to indemnify Husband
and hold him harmless for any claim by the mortgage company for the real estate located at 200
Sleepy Hollow Road, Lititz, Pennsylvania.
5
10. NO BAR TO FURTHER PROCEEDINGS
This Agreement shall not be considered to affect or bar the right of Wife or Husband to a
limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to
such defense as may be available. It is agreed that this Agreement shall not be impaired by any
divorce decree which may be granted but shall continue in full force and effect notwithstanding the
granting of any such decree. This Agreement is not intended to condone and shall not be deemed to
be a condonation on the part of either party hereto of any act or acts on the part of the other party
which have occasioned the disputes or unhappy differences which have occurred prior to or which
may occur subsequent to the date hereof.
11. MUTUAL RELEASE
Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge
the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and
from any and all rights, titles and interests, or claims in or against the property (including income and
gain from property hereafter accruing) of the other or against the estate of such other, of whatever
nature and wheresoever situate, which she or he now has or at any time hereafter may have against
the other, the estate of such other or any part thereof, whether arising out of any former acts,
contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the
nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or
under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime
conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a
deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State,
6
Commonwealth or territory of the United States, or (c) any other country, or any rights which Wife
may have or at any time hereafter have for past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof.
It is the intention of Wife and Husband to give to each other by the execution of this Agreement a
full, complete and general release with respect to any and all property of any kind or nature, real,
personal or mixed, which the other now owns or may hereafter acquire, except and only except all
rights and agreements and obligations of whatsoever nature arising or which may arise under this
Agreement or for the breach of any thereof, subject, however, to the implementation and satisfaction
of the conditions precedent as set forth herein above.
12. OTHER DOCUMENTATION
Wife and Husband covenant and agree that they will forthwith (and within at least thirty (30)
days after demand therefore) execute any and all written instruments, assignments, releases,
satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper
effectuation of this Agreement, and as their respective counsel shall mutually agree should be so
executed in order to carry out fully and effectually the terms of this Agreement.
13. SUCCESSORS' RIGHTS AND LIABILITIES
This Agreement shall, except as otherwise provided herein, be binding upon and inure to the
benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns.
7
14. ENTIRE AGREEMENT
Wife and Husband do hereby covenant and warrant that this Agreement contains all of the
representations, promises and agreements made by either of them to the other for the purposes set
forth in the preamble hereinabove; that there are no claims, promises or representations not herein
contained, either oral or written, which shall or may be charged or enforced or enforceable unless
reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition,
clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any
other term, condition, clause or provision of this Agreement.
15. BINDING EFFECT OF AGREEMENT
This Agreement shall remain in full force and effect unless and until terminated pursuant to
the terms of this Agreement. The failure of either party to insist upon strict performance of any of
the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the
same or similar nature.
16. SEVARABILITY
If any term, condition, clause or provision of this Agreement shall be determined or declared
to be void or invalid in law, or otherwise, then only that term, condition, clause or provision shall be
stricken from this Agreement and in all other respects this Agreement shall be valid and continue in
full force, effect and operation. Likewise, the failure of any party to meet her or his obligations
under any one or more of the paragraphs herein, with the exception of the satisfaction of the
conditions precedent, shall in no way avoid or alter the remaining obligations of the parties.
8
17. BREACH/ ENFORCEMENT
Any party breaching this agreement is liable to the other party for all costs and counsel fees
reasonably incurred by the non-breaching party to enforce his or her rights under the Marital
Settlement Agreement subsequent to the date of the signing of this Agreement. The aggrieved party
may file in either law or equity, in any court of competent jurisdiction, including, but not limited to
the county in which they or the opposing party reside.
Should either party fail in the due performance of the terms under this Agreement, the other
party shall be able at his or her discretion to sue for performance or for damages for a breach of the
Agreement. The party who is deemed to have failed in the due performance of the terms hereunder
shall be liable for all reasonable costs and expenses incurred by the other in suing for performance or
for damages for breach of the Agreement, including counsel fees.
18. NOTICE PROVISIONS
(a) Notice to Husband shall be sent by certified mail, return receipt requested to Karl E.
Rominger, Esquire, 155 South Hanover Street, Carlisle, Pennsylvania 17013, or such other address
as Husband from time to time may designate in writing.
(b) Notice to Wife shall be sent by certified mail, return receipt requested, to Michelle S.
Byers, 200 Sleepy Hollow Road, Lititz, Pennsylvania 17543, or such other address as Wife from
time to time may designate in writing.
9
19. HEADINGS
Any headings preceding the text of the several paragraphs and subparagraphs hereof are
inserted solely for convenience of reference and shall not constitute a part of this Agreement nor
shall they affect its meanings, construction or effect.
20. EFFECTIVE DATE
The effective date of this Agreement shall be the date upon which it is executed; however, the
transfer of the property provided for herein shall only take place upon the entry of a final decree in
divorce, unless otherwise indicated. The support provisions of this Agreement shall take effect as
indicated. Notwithstanding the foregoing, if a final decree in divorce shall not have been obtained
within four (4) months from the date of execution of this Agreement, this Agreement shall be null
and void.
21. DISCONTINUANCE OF ACTIONS
Upon the implementation of the obligations which are to be performed by Husband as more
particularly hereinabove set forth, Wife will deliver to Husband's attorney, Karl E. Rominger,
Esquire, such orders and documents as may be necessary to mark settled, discontinued and ended the
pending proceedings as set forth hereinbefore to which shall be affixed Wife's consent thereto. Wife
warrants and covenants that she has instituted no other legal action in Pennsylvania or other
jurisdiction and covenants and agrees that she will not institute any legal proceeding in the future
against Husband excepting for the purpose of enforcing any rights accruing to her under the terms of
this Agreement.
10
22. CONTROLLING LAW
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and
year first above written.
This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as
parties hereto, acknowledge the receipt of a duly executed copy hereof.
Kar, . Rominger, Esquire
itnes foi ich le S. Byers
le ;t-2? ?? - ;;? , I-oj r
Keith A. Byers, Plainti
Miche le S. Byers, Def ndant
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS.
On this, the day of t & , 2010, before me, the subscriber, a
Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland,
personally appeared Keith A. Byers and in due form of law acknowledged the abo Agreement to
be his act and deed and desired the same to be recorded as such. .ill
Notary Publi
COMMONWEALTH OF PENNSYLVANIA COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
SS. Tarmtie L. Peters, Notary Put*c
COUNTY OF CUMBERLAND ) Carlisle 13oro, Cmftrtand Cotmty
My Corrm>issiort E*ires Sept 8, 2011
Member, Pennsylvanis Association of Notaries
On this, the day of A , 2010, before me, the subscriber, a
Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland,
personally appeared Michelle S. Byers and in due form of law acknowledged tJ?e ab;?ve Agreement
to be her act and deed and desired the same to be recorded as ?h. / ? J.?
COMMONWEALTH OF PENNSYLVANIA
Notary Pu is
Tamrnie L Peers, Notary pig
Carlisle emo,
My commission EM-res Sept. 9. 1 11
Member, Pennsyivanis Association of Notaries
A
KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V.
MICHELLE S. BYERS,
Defendant
: CIVIL ACTION - LAW
: NO. 10 - 2808 CIVIL TERM
: IN DIVORCE
ADDENDUM TO MARITAL SETTLEMENT AGREEMENT
AGREEMENT, made this day of ?, 2011, between
(hereinafter called "Husband") and Michelle S. Byers (hereinafter called "Wife").
Husband and Wife agree that they will file and split joint tax returns for the year 2010.
Husband further agrees to give Wife the first $250.00 per month from his Defined Benefit
Pension Plan, which was not allocated in the first agreement in any part to wife. If this particular pension
/ retirement falls below $250.00 per month or ceases to exist, wife will accept said lesser amount, with no
recourse as to husband.
Upon the entrance of a Divorce Decree Husband agrees to file an Amended Qualified Domestic
Relations Order (QDRO) reflecting the above payments.
Wife agrees that she will execute the Affidavit of Consent and Waiver of Notice along with this
Agreement so a Decree in Divorce may be entered by the Court.
In the event that wife does not cooperate in the finalization of the divorce, this addendum is void
as to the additional retirement allocation, and wife waives any and all claims against husband, and agrees
to abide by the original agreement of the parties.
W' s for MA Ole S. Byers
Witness for Keith A. Byers
Keith A. Byers, Plaintiff
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS.
On this, the day of &4xrd\ , 2011, before me, the subscriber, a
Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally
appeared Keith A. Byers and in due form of law acknowledge a above Agreement to be his act and
deed and desired the same to be recorded as such. \ r A /) (1
Notary Publ
- OF
COMMONWEALTH OF PENNSYLVANIA Notarial COMMONWEALTH Notarial PENNSYLVANIA
seal
SS. Tommie L. Peters, Notary Public
COUNTY OF Carlisle Borg, Cumberland County
My Commission E)Ores Sept. 9, 2011
Member, Pennsylvania Association of Notaries
On this, the day of , 2011, befo e me, the subscriber, a
Notary Public for the Commonwealth of Pennsylvania, residing i the County of? personally
appeared Michelle S. Byers and in due form of law acknowledg the above A 77rt to be her act and
deed and desired the same to be recorded as such. /jj??
Pub
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Tammie L. Peters, Notary Public
Carlisle Boro, Cumberland County
My Commitmiort E)iras Sept 9, 2011
Mrrmtr, PertaaYivenla Association of Notaries
KEITH A. BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. ,
: CIVIL ACTION - LAW t,
MICHELLE S. BYERS, : NO. 10 - 2808 CIVIL TERM
Defendant : IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
zz
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code.
2. Date and manner of service of the Complaint: April 27, 2010 was served on Defendant
by First Class Mail, Certified, and Return Receipt Requested and signed for on May 16,
2010, an Acceptance of Service is being filed simultaneously with this Praecipe.
3. Date of execution of the affidavit of consent required by § 3301(c) or The Divorce
Code: by the Plaintiff March 21, 2011; by the Defendant March 18, 2011.
4. Related claims pending: None
5. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: on March 21, 2011;
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
Prothonotary: on March 21, 2011.
Date: March 21, 2011
KapYE. Rominger, Esquire
155 South Hanover Street
Carlisle, Pennsylvania 17013
717) 241-6070
Supreme Court I.D. # 81924
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Keith A. Byers
V.
Michelle S. Byers
NO. 10-2808
DIVORCE DECREE
AND NOW, /nom 221, 20/1 , it is ordered and decreed that
Keith A. Byers
Michelle S. Byers
bonds of matrimony.
plaintiff, and
defendant, are divorced from the
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.")
A Marital Settlement Agreement and Addendum to Marital Settlement Agreement
are attached hereto and are incorporated into but not merged with this Decree.
By the Court,
J.
Prothonotary
6r - &P rrnoute,( 4o y Corn i n3er
NAbe f 4Y MoLile d Flo f
KEITH A.BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA
V.
CIVIL ACTION-LAW
MICHELLE S.BYERS, : NO. 10—2808 CIVIL TERM
Defendant : IN DIVORCE
Q TAI IFIED DOMESTIC RELATIONS ORS,+R
In accordance with the agreement of the parties, this order disposes of all or a
portion of tht Participant's benefit in the Central Pennsylvania Teamsters Defined Benefit
Plan (the "Plan").
1. Participant information:
Name: &cith A. Byers
Address: 6 Bourbon Red Drive
MechanicsbuM, Pennsylvania 17050
Date of Birth: 06/19/1956
Social Security No.: xxx-xx-xxx
2. Alternate Payee Information:
Name: Michelle S. Byers
Address: 267 Stoneu=Circe South
Chambersbum.PA 17201
Date of Birth: 05/1911953
Social Security No.: xxx-xx-xxx
3. Date of Marriage and Separation/Divorce: The Participant and the Alternate
Payee were married on August 31, 1990,and were divorced on March 22,2011.
4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby assigned a
portion of the Participant's account balance under the Plan. The Fund is to make
payment of the Alternate Payee's benefits directly to the Alternate Payee.
5. Method of Dividing Participant's Benefits: The Plan shall pay to the Alternative
Payee a portion of the Participant's vested accrued benefit under the Plan.
When identifying the*nefits to be awarded to the Alternate Payee,the parties
may designate either:
(a) A specific dollar amount;
(b) A percentage; or
(C) An amount determined using a formula.
If either a percentage or formula is used,the parties must indicate a date as of
which the percentage or formula is determined. Check one of the following options
and complete the applicable blank, or select an alternative method that the Plan
Administrator can calculate based on information that it possesses.
X The Alternate Payee shall receive the first Two-Hundred and Fifty dollars
($250.00) per month of Participants plan. The Fund shall separately account for the
benefits awarded in this Section as soon as administratively possible after the Order is
determined to be a qualified domestic relations order and the benefits for the Alternate
Payee shall not expire at the death of the Payee.
Or
❑ The Alternate Payee shall receive a benefit equal to percent
of the Participant's vested account balance as of . If a
date other than a Plan valuation date is chosen, the Fund will calculate the Alternate
Payee's benefit using the Plan valuation date closest to the date selected by the
parties.
Or
The benefit payable to the Alternate Payee shall be determined by
multiplying percent of the Participant's vested accrued benefit by a
fraction, the numerator of which is [the number of months from the date the
Participant commenced participation in the Plan or the date of the parties'
marriage, to the date of the parties'separation/divorce] and the denominator of
which is [the number of months the Participant participated in the Plan until the
date of the Participant's retirement or the date the Alternate Payee receives her
benefit, if earlier).
If section 1. B is elected, the Alternate Payee shall be credited with net
income, loss or expense from the date set forth above until the date the Alternate
Payee receives the awarded benefits. If either section 1.A or 1.0 is elected,check one
of the following options and complete the applicable blank:
❑ The Alternate Payee shall be credited with net income, loss or expense from
the date this Order is determined to be a QDRO until the date the Alternate
Payee receives the awarded benefits.
Or
❑The Alternate Payee shall be credited with net income, loss or expense from
(insert date)until the date the Alternate Payee receives the awarded benefits.
6. Form of Payment: The Alternate Payee may elect to receive payment from the
Plan in any form in which benefits may be paid under the Plan to the Participant
(other than in the form of a joint and survivor annuity).
7. Beneficiary: The Alternate Payee may select a beneficiary to receive her benefits
by filing a beneficiary designation form with the Fund Office. In the event the
Alternate Payee should die prior to receiving all of the assigned benefits, the Plan
shall pay the benefits to the beneficiary selected by the Alternate Payee on a
beneficiary form provided by the Fund Office, or if no beneficiary is selected, to
the Alternate Payee's estate.
8. Date of Payment: The Alternate Payee may elect to receive payment from the Plan
at the Participant's earliest retirement age, or, if earlier, at the earliest date permitted
under the Plan. For purposes of this paragraph, the Participant's earliest retirement
age means the earlier o£
(a) the date on which the Participant is entitled to a distribution under the Plan;
or
(b) the later of either:
(i) the date the Participant attains age 57; or
(ii) the earliest date on which the Participant could begin
receiving benefits under the Plan if the Participant separated from
service.
Generally, the Participant's earliest retirement age is 57. However, a
Participant with 20 Years of Service may separate from service and receive benefits
at age 55. A Participant with 30 Years of Service may separate from service and
retire at any age.
9. Construction: This order is not intended, and shall not be construed in such a
manner as, to require the Plan Administrator:
(a) to provide any form of benefit option not otherwise provided under the
terms of the Plan;
(b)to require the Plan to provide increased benefits determined on the basis of
actuarial value; or
(c)to require the payment of any benefits to the Alternate Payee under another order
which previously was deemed to be a Qualified Domestic Relations Order.
10. Federal Tax Reporting: For federal income tax purposes, the Alternate Payee and
not the Participant shall be treated as the distributee of all benefits made by the Plan
to the Alternate Payee pursuant to this order. The Fund will'issue a Form 1499-R to
the Alternate Payee with respect to each calendar year in which the Alternate Payee
receives benefits and will report such income to the IRS under the Alternate Payee's
name and Social Security Number.
11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to
amend the order if necessary to establish or maintain its qualification as a Qualified
Domestic Relations Order under applicable law.
12.Qualification. The Order is intended to constitute a qualified domestic relations order
within the meaning of Section 414(p) of the Internal Revenue Code of 1985. as
amended, and Section 206(d) of the Employee Retirement Income Security Act of
1974, as amended, and shall be interpreted in a manner consistent with such
intention.
So ORDERED,this ze day of 2013
z3f 6,--S� udge
Keith A. Byers, Plaintiff v'
rn:; t-mot--
Karl E. Rominger, Esquire
155 South Hanover Street C°
Carlisle PA 17013 " '
C:CD
Michelle S. Byers,Defendant
Witness for Alternate Payee
apes "Jed
KEITH A.BYERS, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY,
: PENNSYLVANIA
V.
: CIVIL ACTION-LAW
;Z1 JMF
MICHELLE S. BYERS, : NO. 10—2808 CIVIL TERM
Defendant : 'IN DIVORCE -<> �y
A `D n-'
i;c� .. `
QUALIFIED DOMESTIC RELATIONS ORDER
In accordance with the agreement of the parties,this order disposes of all or a
portion of the Participant's pension benefit in the Central Pennsylvania Teamsters Defined
Benefit Plan(the "Plan").
1. Participant Information:
Name: Keith A. Byers
Address: 6 Bourbon Red Drive
Mechanicsburg'Pennsylvania 17050
Date of Birth:_ 06/19/1956
Social Security No.: xxx-xx-0572
The Participant is not currently receiving a monthly pension from the Plan.
2. Alternate Payee Information:
Name: Michelle S. Byers
Address:7209 Sunbreeze Lane
Sacramento, CA 95828
Date of Birth:_05/19/1953
Social Security No.: _x_xx-xx-4479
3. Date of Marriage and Separation/Divorce: The Participant and the Alternate
Payee were married on August 31, 1990,and were divorced on March 22,2011.
4. Assignment of Benefit to Alternate Payee: The Alternate Payee is hereby
assigned a portion of the Participant's vested accrued benefit under the Plan. The
Fund is to make payment of the Alternate Payee's benefits directly to the
Alternate Payee.
1
5. Form of Benefit: Check one of the following options.
x❑The Alternate Payee is entitled to a separate interest. This means that she will
be entitled to an annuity for her life, with a guarantee that three years of payments will
be made to her(or her beneficiary,if she dies prior to receiving 36 monthly payments).
The death of the Participant will not have an effect on the Alternate Payees receipt of
benefits.
or
❑The Alternate Payee is entitled to a shared interest. This means that she will
receive a portion of each monthly payment to which the Participant is
entitled. The Alternate Payee only will be entitled to receive her benefits
as, if,and when the Participant elects to receive his benefits.
6. Shared Interest: (Do not complete this Section if a Separate Interest was
selected above.) If the Participant dies prior to retirement,no benefits will be
paid to the Alternate Payee unless the Alternate Payee is treated as the
Participant's surviving spouse for purpose of the qualified pre-retirement survivor
annuity("QPSA"). The QPSA is equal to fifty percent of the Participant's entire
benefit(actuarially reduced if the Participant is less than age 65 when he dies).
The Alternate Payee will be treated as the surviving spouse for purposes of the
qualified pre-retirement survivor annuity if the Participant dies prior to
retirement,unless the parties check one of the following options:
❑ If the Participant dies prior to retirement,then the Alternate Payee will not
get any benefits under this Order.
or
❑ If the Participant dies prior to retirement,then the Alternate Payee will get
a portion of the QPSA,equal to percent of the QPSA.
If the Participant dies after retirement,the Alternate Payee's benefits will
cease unless the Alternate Payee is treated as the surviving spouse for purposes of
the qualified joint and survivor annuity("QJSA"). The Participant is required to
elect a joint and 50 percent survivor annuity and treat the Alternate Payee as his
surviving spouse for purposes of the QJSA, unless the parties check one of the
following options:
• The Participant is required to elect a Qualified Joint and 100 percent
Survivor Annuity. The Alternate Payee will be treated as the Participant's
surviving spouse to the extent of and will receive percent of the
survivor annuity.
or
• The Alternate Payee's benefits under the Order will stop on the Participant's
death.
2
7. Formula for Determining Alternate Payee's Benefit: (Must be completed for
both Separate Interest and Shared Interest.) Check one of the following
options and complete the applicable blank.
xo The Alternate Payee shall be entitled to $250.00 per month.
or
•The Alternate Payee shall be entitled to percent of the Participant's
entire monthly benefit.
or
•The Alternate Payee shall be entitled to percent of the Participant's
monthly benefit that accrued from the date of the marriage to the date of
the parties separation/divorce on [insert date].
If the Participant elects to receive the"Combined Minimum Monthly
Benefit" (CMNLB)or the "Rule of 82 to 85" Benefit, it is assumed that the
Alternate Payee is entitled to the subsidized portion of the monthly benefit(if
any),but not entitled to the portion of the benefit, if any,that is attributable to
amounts the Participant transferred from the Central Pennsylvania Teamsters
Retirement Income Plan 1987 or the Retirement Income Plan 2000. If this is not
the intention of the Parties,the Order must specifically provide otherwise.
If the Participant is eligible for the Rule of 82 to 85 Benefit,or the
CMMB,and the parties have provided for the percentage of the monthly benefit
to be paid to the Alternate Payee,the Alternate Payee's monthly benefit will be
increased effective as of the date the Participant elects to receive Rule of 82-85
benefit or the CMMB.
8. Commencement of Payments to the Alternate Payee:
Separate Interest. The Alternate Payee may elect to receive her benefits
at any time after the Participant's "earliest retirement age"within the meaning of
Section 414(p)of the Internal Revenue Code of 1986, as amended.
Shared Interest. The Alternate Payee's benefits will commence(if at all)
when the Participant's benefits commence.
9. Construction: This order is not intended,and shall not be construed in such a
manner as, to require the Plan Administrator:
3
Michele S. Byers k�
Witness
5
(a) to provide any form of benefit option not otherwise provided under the
terms of the Plan;
(b) to require the Plan to provide increased benefits determined on the basis of
actuarial value; or
(c) to require the payment of any benefits to the Alternate Payee under
another order which previously was deemed to be a Qualified Domestic
Relations Order.
10. Federal Tax Reporting: For federal income tax purposes,the Alternate Payee
and not the Participant shall be treated as the distributee of all benefits made by
the Plan to the Alternate Payee pursuant to this order. The Fund will issue a Form
1099-R to the Alternate Payee with respect to each calendar year in which the
Alternate Payee receives benefits and will report such income to the IRS under
the Alternate Payee's name and Social Security Number.
11. Continued Jurisdiction: The Court shall retain jurisdiction over this matter to
amend the order if necessary to establish or maintain its qualification as a
Qualified Domestic Relations Order under applicable law.
12. Qualification: The Order is intended to constitute a qualified domestic relations
order within the meaning of Section 414(p)of the Internal Revenue Code of 1986,
as amended, and Section 206(d)of the Employee Retirement Income Security Act
of 1974, as amended, and shall be interpreted in a manner consistent with such
intention.
So ORDERED,this 10. day of ,,,�, 2013
T� w
Judge
Keith A. Byers
Attorney for Participant/Address
Karl E. Rominger,Esquire ES P&I-ICL
155 South Hanover Street n' '
Carlisle,PA 17013 OM', K ' '�'�� /�"
OZ.. 1�yes
4