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HomeMy WebLinkAbout01-0864MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment be entered against you by the Court. A judgment may also be entered against you for m~y other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of ymw children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 1S GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service of the Cumberland County Bar Association 2 Liberty Ave. Carlisle, Pa 17013 (717) 249-3166 MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : -_ : NO. .. .. : CIV/L ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar action con prontitud, se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra pot las Corte. una decision puede tambien set emitida en su contra pot caulquier otra quej a o compensation eelamados pot el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consQo matrimonial. Una lista de consQeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE OF THE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PA 17013 (717) 249-3166 MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DOMESTIC RELATIONS CODE And now comes Plaintiff, Mark D. Rcich/ey, by and through his attorneys, Law Offices of Craig A. Diehl, and files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiff is Mark D. Reichley, an adult individual who currently resides at 7 Pamela Place, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Andrea L. Reichley, an adult individual who currently resides at 729 West Grand Avenue, Tower City, Schuylkill County, Pennsylvania 17980. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Divorce Complaint. Plaintiff and Defendant were married on October 11, 1997, in Dauphin County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since January 6, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. allies. 7. Defendant is not a member of the armed fomes of the United States or any of its 8. Plaintiff avers that the marriage is irretrievably broken. 9. Plaintiffhas been advised of the availability of counseling and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. Plaintiffdoes not desire counseling. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce. Dated: 0o~/0~J0' LAW OFFICES OF CRAIG A. DIEHL Camp Hill, PA 17011 (717) 763-7613 Attorney for Plaintiff MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. .. : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, MARK D. REICHLEY, verify that the statements in the foregoing DIVORCE COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to tmswom falsification to authorities. MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-864 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 13, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses ifI do not claim them before a divorce is granted. 1 verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Date: D. RE1C~ILEY~ Pia~ntiff MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this Iv day of ~bt~,, 'L , 2002, between ANDREA L. REICHLEY, (hereinaiter referred to as WIFE) and MARK D. REICHLEY, (hereinafter referred to as HUSBAND). WlTNESSETH: WHEREAS, Husband and Wife were lawfully married on October 11, 1997, in Dauphin County, Pennsylvania; and WHEREAS, there are no children born of this marriage; and WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous of settling their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past, present, and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of marital property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates; and WHEREAS, Husband and Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection; that Wife has been represented by Diane Sonnners Baker, Esquire and Husband has been represented by Linda A. Clotfelter, Esquire. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully understand the facts, and they acknowledge and accept that this Agreement, is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. 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 he. reto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as ffthey were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife 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 in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the law,ness or unlawfulness of the causes leading to their living apart, 2. MUTUAL RELEASE, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and fi'om any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, 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 fights, family exception or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the fight to treat a lifetime conveyance by the other as testamentary, or all other fights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Peunsylvanla, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any fights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. It is the intention of Husband and Wife to give to each other, by the execution of the 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 provision hereof. -2- It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so comprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of maintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any naature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Commonwealth of Pennsylvania or any other jurisdiction, including any other counsel fees, costs and expenses incurred or to be charged by any counsel arising in any manner whatsoever, except as may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 17. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in and by his or her last will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each oftbe parties hereto further covenants a~nd agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the rights relinquished under this Agreement. 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement and by entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any girl tax liability. 6. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting marital properiy. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. It is further specifically acknowledged by the parties herein that they seek to divide equally the following marital assets and liabilities: Husband's 401(k) valued at $20,810.00, Wife's 401(k) valued at $346.00, the parties' stocks valued at approximately $1,300.00, and the joint personal loan owed to Husband's Grandmother with a balance of approximately $2,553.00. The equal distribution of these assets and debt are effectuated by the provisions below addressing the distribution of the assets with specific set-offs. Generally, the martial property shall be divided as follows: A. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties expressly agree that Husband shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401(k) plans and/or any other employment benefits, which he has accumulated during the course of his past or present employment, with the exception that Husband shall pay to Wife the mount of $8,306.00 from his -4- 401(k). Investment income or losses shall not accrue on the portion of Husband's 401(k) account designated to Wife pending distribution pursuant to a Qualified Domestic Relations Order. The parties expressly agree that Wife shall retain any pension plans and/or retirement plans and/or employee stocks or savings plans, and/or 401 (k) plans and/or any other employment benefits, which she has accumulated during the course of her past or present employment MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 2000 Oldsmobile Intrigue. Upon request the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, Husband shall be solely responsible for the financial obligation associated with the vehicle and he agrees to indernrd~ and hold harmless Wife from any and all liability therefor. The parties agree that Wife shall have full and sole possession of the 1997 Mitsubishi Eclipse. Upon request, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, at the time that the divorce decree is entered by the Court, Husband shall be solely responsible for the financial obligation associated with the 1997 Eclipse that is to be retained by Wife and Husband agrees to indemnify and hold harmless Wife fi.om any and all liability therefor. I)IVISION OF }lOUSE}lOLl) ANt) PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessaryto give effect to this paragraph. Property xs~ be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case o fintangible personal property, if any -5- physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. D. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties agree that they have distributed to each, to their mutual satisfaction, the sums deposited in the marital bank accounts. The parties further agree that Wife shall be entitled to the marital stocks that were jointly owned by the parties. It is also agreed that each party shall retain as respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual narlles. E. REAL ESTATE. The parties acknowledge that their marital real estate had already been conveyed and any right, title or interest in same has been resolved amicably by the parties prior to the execution of this Agreement. 7. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not comract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnif3' and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not, contract or incur any debt or liability for which Husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands nmde against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. The parties further acknowledge that Husband shall be responsible for the loan associated with the 1997 Mitsubishi Eclipse that is to be retained by Wife as more specifically described, above as well as the personal loan owed to Husband's Grandmother for the sum of $2,553.00. 8. COUNSE~L FEES AND COSTS. Husband and Wife each agree to pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto, except that Husband agrees to pay directly to Wife's counsel, Diane Sommers Baker, Esquire, the sum of $297.00 as -6- payment for Wife's attorney's fees incurred for the recent domestic relations conference, and the reasonable sum due to Wife's counsel for the review and analysis of this Marital Settlement Agreemem, same not yet having been determined. These payments shall be made withinten (10) days of the entry of the divorce decree, provided that the sums have been billed by Wife's counsel prior to that date, Husband shall not be responsible for any other counsel fees or expenses incurred by Wife in this proceeding. 9. ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES AND MEDICAL INSURANCE. Bothparties accept the provisions o fthls Agreement in lieu of and in fag and final settlemem and satisfaction of all claims and demands that they may now or herealter have against the other for alimony, alimony pendeme gte, counsel fees or expenses, or for any other provisions for support and maintenance before, during and after the commencemem of any proceedings for the divorce or annulment between the parties, except that Husband shall provide Wife with Short Term Major Medical health insurance coverage for up to six (6) months from the date the divorce decree is entered or until Wife obtains employment in which health insurance is available, which ever is sooner. 10. DIVORCE. A Complaint in Divorce has been filed to No. 864 of 2001 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shag be ~ree to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce Code. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting fi'om any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consem form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 11. BANKRUPTCY. The parties farthar warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the temps of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting therel~om shag not be dischargeable -7- in bankruptcy, should either party file for protection under the Bankruptcy Code at any time after the date of execution of this Agreement. The payments called for in this Agreement are not intended to be a debt which is affected by a discharge in bankruptcy and the terms of this Agreement are not subject to discharge in bankruptcy because the parties acknowledged that such are necessary for the parties to meet their financial obligations and to support and maintain their standard of living as well as that of the parties' children. The parties acknowledge that there are no bankruptcy proceedings presently pending and they agree not to file a bankruptcy action prior to the completion of their respective obligations pursuant to this Agreement. Furthermore, any debt addressed in this Agreement shall not be discharged in a bankruptcy action filed by or on behalf of one of the parties hereto. Also, if either party files for bankruptcy, this Agreement shall constitute conclusive evidence of the parties' intent that the obligations in the nature of maintenance and support are not dischargeable under current bankruptcy law or under any amendment thereto. Further if either party institutes any action in bankruptcy or any other bankruptcy proceeding is instituted in which a party's right to have payments made by the other becomes a matter for judicial review, the parties agree to consent to any motion filed by the other with the bankruptcy courts, wherein the party may request that the bankruptcy courts abstain from deciding the dischargeability of said obligation and any other obligations to said party thereunder in order to allow the appropriate Court of Common Pleas to rule upon this issue. 12. RECONCILIATION. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 13. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforeement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any Court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced -8- independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation &each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is la~vful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 14. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date &execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 15. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 16. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. BREACH. If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 18. PENNSYLVANIA LAW. The parties agree that the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 19. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. 20. ADDITIONAL INSTRUMENTS. Each of the parties shall firom time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents, titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 21. SEVERABILITY. 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 shall continue in full force, effect and operation. 22. WARRANTY. Husband and Wife again acknowledge that they have each read and understand this Agreement, and each warrants and represents that it is fair and equitable to each of them. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. IN WITNESS WHEREOF, and intending to be legally bound hereby, the parties hereto have hereunto set their hands and seals the day and year first above written. This agreement is executed in duplicate, and each party hereto acknowledges receipt of a duly executed copy thereof. -10- COMMONWEALTH OF PENNSYLVANIA.' COUNTY : SS. On this /'z. day of f~ebaur~/-) ,2002, before me, the undersigned officer, personally appeared ANBREA L. REICHLEY, knownto me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement, and acknowledged that she executed the same for the purposes therein contained. COMMONWEALTH OF PENNSYLVANIA COUNTY o~ f~ ~ be~to~ SS. On this~day of ~J~:"t~/D ~ [~.~ , 2002, before me, the undersigned officer, personally appeared MARK D. REICHLEY, known to me (or satisfactorily proven) to be the person Whose name is subscribed to the within Agreement, and acknowledged that he executed the same for the purposes therein contained. -11- NOTARIAL ,~L 8tephenie M. Rider, Notary Camp Hill, Cumberland My Commission Expires Oct. 31, 2006 MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-864 Civil CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce 2. The Complaint was filed on February 13, 2001. 3. Date and manner of Service of the Complaint: February 14, 2001, by Acceptance of Service, as evidenced by the Acceptance of Service filed on April 5, 2001, 4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on February 12, 2002, and filed on February 14, 2002. The Defendant's Affidavit of Consent was executed on February 12, 2002, and filed on February 14, 2002. 5, Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on February 12, 2002, and said waiver was filed on February 14, 2002. Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c) of the Divorce Code on February 12, 2002, and said waiver was filed on February 14, 2002. 6. There are no related claims pending. Respectfully submitted, Date: LAW OFFICES OF CRAIG A. DIEHL Linda A. Clotfelter, Esquire / ] Attorney I.D. No. 72963 3464 Trindle Road Camp Hill, PA 17011 (717) 763-7613 MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-864 Civil CIVIL ACTION - LAW IN DIVORCE 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: ~,q .--,.2 ~o7_... MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. _. : NO. 01-864 Civil : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divome under Section 3301 (c) of the Divorce Code was filed on February 13, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penaities of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. : NO. 01-864 Civil : : CIVIL ACTION - LAW : IN DIVORCE 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. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: MARK D. REICHLEY, Plaintiff VS. ANDREA L. REICHLEY, Defendant IN THE COURT OF COM]VION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-864 CIVIL CIVIL ACTION- DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, ANDREA L. REICHLEY, in the above-referenced matter. DATE: Diane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 MARK D. REICHLEY, Plaintiff V. ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PI EAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-864 CIVIL CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree of Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-864 CIVIL CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, comes the Defendant, ANDREA L. REICHLEY, by her attorney, Diane S. Baker, Esquire, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. No response required. 9. No response required. COUNTERCLAIM COIJNT I1 EOIJITABLE DISTRIBUTION 10. The averments of Paragraphs 1 through 9 above are incorporated herein. 1 i, The Plaintiff and Defendant are owners of various items of personal property, furniture and housohold furnishings acquired during the marriage which are subject to equitable distribution by the Court. 12. The Plaintiff and Defendant are owners of various motor vehicles acquired during the marriage which are subject to equitable distribution by the Court. 13. The Plaintiff and Defendant singly or jointly have interests in various bank accounts acquired during the marriage which are subject to equitable distribution by the Court. 14. Plaintiff and Defendant own or have an interest in various retirement benefits which are subject to equitable distribution by the Court. 15. Plaintiff and Defendant own or have an interest in real estate which is subject to equitable distribution by the Court. 16. The Plaintiff and the Defendant have acquired during the marriage other marital property which is subject to equitable distribution by the Court. 17. Plaintiff requests this Honorable Court equitably distribute the marital property of the parties. COUNT NUMBER IH ALIMONY PENDENTE LITE, ATTORNEY'S FEES AND COSTS 18. Paragraphs 1 through 17 above are herein incorporated by reference. 19. By reason of this action, Defendant will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 20. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 21. Defendant's income is not sufficient to provide for reasonable needs and pay her attorney's fees and the costs of this litigation. 22. Plaintiff has adequate earnings to provide for the Defendant's support and to pay her counsel fees, costs and expenses. COUNT NUMBER IV ALIMONY 23. 24. hersel£ 25. Paragraphs I through 22 above are herein incorporated by reference. Defendant lacks sufficient property and income to reasonably provide for Defendant requires support to adequately and reasonably maintain herself. hereto; costs; WHEREFORE, Plaintiffrequests the Court to enter a Decree: (a) Denying Plaintiff's request for a divorce; (b) Equitably distributing all marital property owned by the parties (c) Ordering the payment of alimony pendente lite, counsel fees and (d) Ordering the paymem of permanent alimony; (e) Such further relief as the Court may determine equitable and just. Dated: ~tted, P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 I.D. # 53200 MARK D. REICHLEY, Plaintiff VS. ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-864 CIVIL : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Answer and Counterclaim to Complaint in Divorce are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. ANDREA LCI~EICHLEY (~ CERTIFICATE OF SERVICE I hereby certify that on this ~ dayof ;(> ~[~'-x , 2001, a true and correct copy of the foregoing document was served on the following person by United States Mail, postage prepaid, addressed as follows: Linda A. Cloffelter, Esquire 3464 Trindle Road Camp Hill, PA 17011 Supreme Court ID 53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 0 111 MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-864 Civil : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Diane S. Baker, Esquire, Attorney for Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce filed by Plaintiff on February 13, 2001. Service is accepted on the 14t~ day of February, 2001. Attorney for Defendant MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 01-864 Civil : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, the undersigned, hereby certify that on this date, a true and correct copy of the foregoing document was served upon the opposing parties by way of United States First Class Mail, postage prepaid, addressed as follows: Diane Sommers Baker, Esquire P.O. Box 6443 27 South Arlene Street Harrisburg, PA 17112-0443 LAW OFFICES OF CRAIG A. DIEHL Date: ~/,~ff0] 3464 Trindle Road Camp Hill, PA 17011 (717) 763 -7613 IN THE COURT OF COMMON PLEAS MARK D. REICHI.EY, Plaintiff VERSUS Defendant OF CUMBERLAND COUNTY STATE OF ~ PENNA. NO. 01-864 Civil AND NOW, DECREED THAT AND DeCrEE IN DIVORCE MARK D. REICHLEY ANDREA L. REICHigY 2OO2 IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OP- MATRIMONY. IT IS FUR'[]-LE~ ORDERED THAT OF THE MARITAL SE'fI'Lt~MtiNT AGREEMENT DATED FEBRUARY 12, 2002, SHALL BE INCORP- HEREIN, BUT NOT MERGED, FOR THE PURPOSES OF ENFORCttMENT ONLY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD )N THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ATTEST: PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARK D. REICHLEY, ANDREA L. REICHLEY, Plaintiff Defendant NO. 01-864 Civil In Divorce NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, having been granted a Final Decree in Divorce on the 21st day of February, 2002, hereby elects to resume the prior surname of SHUEY, and gives this written notice pursuant to the provisions of 54 P.S. §704. ANDREA L.d~ICHLEY ~ ANDREA L,~IUEY COMMONWEALTH OF PENNSYLVANIA: : SS. COUNTY OF -D0- [~ro Onthe 15' dayof ~/~ 0,/& ,2002, 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 she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set m~i~eal. '~----_____7.~W6t~ Public MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. _. : NO. 01-864 Civil .. .. : CIVIL ACTION - LAW : IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER I. Recitals The parties to this action have entered into a Marital Settlement Agreement dated [5ebt,~r~ t~, -to~2~ . The Court incorporated the Marital Settlement Agreement into its Decree of Dissolution of Marriage dated ~-g/3rota~6~ ,9/, ,aoo'~ . This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code")§401(a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code §414(p) This QDRO applies to the Capital Blue Cross Employee Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described blow is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternates Payee's rights as stipulated under this Order. Mark D. Reichley ("Participant") is a participant in the Plan. Andrea L. Reichley ("Alternate Payee") is the alternate payee for purposes of this QDRO. The Participant's name, mailing address, social security number, and date of birth aye: Nanle~ Home Address: SS No.: Date of Birth: Mark D. Reichley 608 West Walnut Street Palmyra, PA 17078 174-66-5103 June 7, 1974 The Alternate Payee's name, mailing address, social security number, and date of birth are: Nanle~ Home Address: SS No.: Date of Birth: Andrea L. Reichley 424 West Main Street Palmyra, PA 17078 195-62-4309 September 30, 1974 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $8,306.00. The Administrator of the Plan shall pay over and deliver to Payee the lump sum payment of $8,306.00, reduced by any penalty, fee, cost, or tax resulting from or the consequence of the transfer of Alternate Payee's share. Such distribution shall be made as soon as administratively possible. The lump sum payment of $8,306.00 shall be made by reducing Participant's accounts equally. III. Recitals Pursuant to Code §414(p)(3) The QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. This QDRO does not require the Plan to provide increased benefits. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order that requires the Plan to pay to another alternate payee. 2 11. 12. 13. 14. 15. 16. IV. Time and Manner of Payment If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, as soon as administratively feasible, following the Plan Administrator's approval of this Order. If the plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B), subject to the Alternate Payee's election. Benefits are to be payable to the Alternate Payee in any form or permissible option otherwise available to the Participant and alternate payees under the terms of the Plan, including, but not limited, a lump sum cash payment. The Alternate Payee shall execute any form required by the Plan Administrator. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives his/her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct his/her Plan investments to the extent permitted under the Plan. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 3 17. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his/her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 18. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 19. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 20. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat the Alternate Payee as a surviving spouse for purposes of Code §§401(a)(11) and 417, but the Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 7 of this QDRO. The sole purpose of this paragraph 20 is to ensure payment to the Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in paragraph 7 of this QDRO. In the event of the Alternate Payee's death prior to the payment by the Plan of all benefits pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO to any beneficiary subsequently designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. V. Procedure for Processing this QDRO 21. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this Order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 22. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 23. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 4 BY THECOURT: CONSENT TO ORDER: PYaintiff Defendant f ' 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW MARK D. REICHLEY, Plaintiff V. NO. 01-864 Civil In Divorce ANDREA L. REICHLEY, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, having been granted a Final Decree in Divorce on the 21" day of February, 2002, hereby elects to resume the prior surname of SHUEY, and gives this written notice pursuant to the provisions of 54 P.S. §704. DATE: R/5/o a addzu ANDREA L. CHLEY ANDREA L. Y COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF -00 kN n On the - day of al 2002, 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 she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set Public AEIAL SEAL DIAwE s. L:&(ER. Naerr FAIk FVftw Pftl-yn TO.# DvUr lft Cc "r I, t ?d ! ` 9 #$ J? nj !P" llll ( C N r 'A! 'C} GU :;o O? u, M MARK D. REICHLEY, Plaintiff ANDREA L. REICHLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-864 Civil CIVIL ACTION - LAW IN DIVORCE _QUALIFIED DOMESTIC RELATIONS ORDER I. Recitals The parties to this action have entered into a Marital Settlement Agreement dated February 12, 2002. The Court incorporated the Marital Settlement Agreement into its Decree of Dissolutinn of Marriage dated February 21, 2002. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant' s benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code")§401(a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code §414(p) This QDRO applies to the Capital Blue Cross Employee Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternates Payee's rights as stipulated under this Order. Mark D. Reiehley ("Participant") is a participant in the Plan. Andrea L. Reichley ("Alternate Payee") is the alternate payee for purposes of this QDRO. The Participant's name, mailing address, social security number, and date of birth are; Nanle; Home Address: SS No.: Date of Birth: Mark D. Reichley 608 West Walnut Street Palmyra, PA 17078 174-66-5103 June 7, 1974 6. The Alternate Payee's name, mailing address, social security number, and date of birth are: manle~ Home Address: SS No.: Date of Birth: Andrea L. Shuey f/k/a Andrea L. Reichley 3611 Powelton Avenue, 2F Philadelphia, PA 19104 195-62-4309 September 30, 1974 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is the lesser of (1) the full vested balance of the Participant's account (excluding the balance of any outstanding loans) or (2) $8,306.00. The Administrator of the Plan shall pay over and deliver to Payee the lump sum payment of the amount described in the preceding sentence. Such distribution shall be made as soon as administratively possible. The lump sum payment shall be made by reducing Participant's account and investment funds (excluding any loan fund) equally. III. Recitals Pursuant to Code §414(p)(3) The QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order that requires the Plan to pay to another alternate payee. IV. Time and Manner of Payment 11. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 7 of this QDRO, as soon as administratively feasible, following the Plan Administrator's approval of this Order. If the plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as defined by Code §414(p)(4)(B), subject to the Alternate Payee's election. 12. Benefits are to be payable to the Alternate Payee in a lump sum cash payment. The Alternate Payee shall execute any form required by the Plan Administrator. 2 13. All payments made pursuant to this Order shall be conditioned on the certification by the Altemate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 14. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that he/she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 16. In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of termination or partial termination, then the Alternate Payee shall be entitled to commence his/her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Plan. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 18. The Altemate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 3 19. V. Procedure for Processing this QDRO The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified stares and the original intent of the parties as stipulated herein. Judge CONSENT TO ORDER: Defendant 4