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HomeMy WebLinkAbout01-3293 DENISE M. DEW, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 01- ~,~ CIVILTERM WILLIAM H. DEW, : Defendant : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the followinG pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including c,,stody or visitation of your children. When the Ground for the divorce is [ndi§nities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. SAIDIS Attorneys for Plaintiff & LINE)SAY 26 W. Hlsh Steel By: Cadlde, PA C{lr~l J. L'inds~y, Esquire ID~'44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 DENISE M. DEW, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 01- ~.~ q.~ CIVILTERM WILLIAM H. DEW, : Defendant : IN DIVORCE COMPLAINT DENISE M. DEW, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Denise M. Dew, who currently resides at P. O. Box 1542, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is William H. Dew, who currently resides at 404 Evergreen Road, New Cumberland, York County, Pennsylvania, where he has resided since 1996. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were marded on June 30, 1997 at New Cumberland, Pennsylvania. 5. That there have been no prior actions of divome or for annulment between SAIDIS the parties in this or in any other jurisdiction. SHUFF, FLOWER & LINDSAY 6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the 26 W. HIsh Street c.r...e. PA marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ~'a-ml J. Linc~say, Esquire" ID # 4 9~ 26 Westq-ligh Street Carlisle, PA 17013 (717) 243-6222 Date:,/ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA VERIFICATION I, the undersigned, hereby vedfy that the statements made herein 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. Denise M. Dew SAIDIS SHUFF, FLOWEE & LINDSAY 26 W. fligh Stre~ Carlisle, PA DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. ~1-3293 CIVIL TERM WILLIAM H. DEW, : Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 30, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Denise M. Dew, Plaintiff Date: I SAIDIS SHUFF, FLOWER & LINDSAY 2§ W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. DEW, : CIVIL ACTION - LAW Plaintiff : vs. : NO. 01-3293 CIVIL TERM WILLIAM H. DEW, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 30, 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 of a final decree of divorce after service of notice of intention to request en~'y of the decree. 4. My social security number is: 268-68-9128. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. : ? ~? ' _ o^ E: ~Villi-am II. Dew, Defendant - DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO.~1-3293 CIVILTERM WILLIAM H. DEW, : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER s33011cl OF THE DIVORCE CODF 1. I consent to the entry of a final Decree of Divome 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Denise M. Dew, Plaintiff Date: //2[ /C~ SAIDIS SHUFF, FLOWER & LINDSAY 26 W. Hl~h S~t.~ ~arlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DENISE M. DEW, CIVIL ACTION - LAW Plaintiff vs. NO. 01-3293 CIVIL TERM WILLIAM H. DEW, : Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(e) 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 ill 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 a.~er it is fi]ed with the Prothonotary. I veril~ that the statements made in the foregoing 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. William H. Dew DENISE M. DEW, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 01- _~.~.~ ClVILTERM I/VlLLIAM H. DEW, : Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND now, this /_~-'~-~ day of 2001. I, CAROL J. LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF. FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, WILLIAM H. DEW, on June 4, 2001, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Retum Receipt Requested, addressed to: William H. Dew 404 Evergreen Road New Cumberland, PA 17070 and proof thereof, the signed Return Receipt Card, is attached hereto. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff - ~,~ roi J./Lin~lsay, S~IDIS ID~693 ~ ...... "~ / s~, ~ 26 We~ High Street & LINDSAY Carlisle, PA 17013 =~ w..~ s~ (717) 243~222 DENISE M. DEW, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 01- CIVIL TERM WILLIAM H. DEW, : Defendant : IN DIVORCE PROOF OF SERVI¢I; · Completeitem8 1, 2, m~cl3. Neo complete A. Rece~ecl by~,emeP~t C/ee~ Item 4 if Resbicted DMIvety ia desired. · Print your name and eddres~ on the · Attach this can:l to the back of the mailpiece, [] ~eat ~ on the ;zont if -.,~,~ permits. [] 1. Arflck)AddreMecltnc D. ~dellve~mJdmmci/bmntfromlt~ml? []Yes [] Raglstem¢l ~ Relt~ Receipt for Ivl~cltmdl~ [] Intoned Mall [] C,O.D. 2. PS Form 3811, July 1999 D~m""ac I~l~n 1:~4m 4~{~,.~. &/¢,eam~eo.u.eeea SAIDIS SHUFF, FLOWER & LINDSAY 26 W. fllsh Street Carlisle, PA ~2~11.c~~ A~I~ ~/4/ ~n the Cou,'t o~Co~o~ ~.o~ Cumberland County, Pennsylvania ~o. ~I~ 3 ~~l. ~ To Prothonolary 19 ·/ Attorney for Plaintiff G-/~r~ 6'~~°or~ No. Term, 19 · ' '?.~.~o'r~y 02 ~PR 15 AF/9~ ~5 vs. CI./~.~?, .... . .... PRAECIPE Filed 19 Atty. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DEWIBE M. DEW ) Docket Number 01-3293 CIVTT, Plaintiff ) vs. ) PACSF. S Case Number 730104027 WILLIAM H. DEW ) I~fe~dam ) Other State ID Number ORDER AND NOW, to wit, on this 2ST~ DAY OF JANUARY, 2003 IT IS HEREBY ORDERED that the support order in this case be O Vacated or OSuspended or (~) Terminated without prejudice or O Terminated and Vacated, effective JAa'uARz 24, 2oo3 , due to: THE PARTIES'S SEPARATION AND PROPERTY SETTLEMENT A~P~EMENT OF OCTOBER 15, 2002 DRO: RJ Sk~klay xc.- plaintiff d~fendant BY THE COURT: Carol Lindsay, Esquire Edw~--d E. Guido'-3~- JUDGE Fonn OE-504 Service Type M Worker ID 21005 VINVA'I. AC~NN3~ '_:~;)i :.-:,, ." % .J DENISE M. DEW, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA : VS. : CIVIL ACTION - DIVORCE : NO. 01-5293 CIVIL TERM WILLIAM H. DEW, : IN DIVORCE Defendant/Respondent : DR# 31214 : Pacses# 730104027 ORDER OF COURT AND NOW, this 21't day of November, 2001. upon consideration of the attached Petition for Alimony Pendeete Lite and/or counsel tees, it is hereby directed that the parties and their respective counsel appear before ~ on ./an~arr 11. 2002 at I0:$0.4.M for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy ofyour most recent Federal Income Tax Return, including W-2's as filed (2) your pay' stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) pruofofmedical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Holler, President Judge Mail copies on Petitioner 11-27-01 tu: < Respondent Carol Lindsay, Esquire Date of Order: November 21,2001 ?"~' ~:J '~!d ' ~ ' . · ay, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP· CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE. PENNSYLVANIA 17013 (717) 249-3166 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE: (717)249-3166 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. Ail arrangements must be made at least 72 hours prior to any headng or business before the Court. You must attend the scheduled conference or hearing. SAIDIS SHUI~, & LINDSAY 26 w. afsh Strm Carllde, PA DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA : vs, : CIVIL ACTION - LAW : NO. ~ CIVIL TERM WILLIAM H. DEW, : Defendant/Respondent : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITF Now comes Denise M. Dew, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and petitions this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on June 30, 1997. 2. The parties separated on or about April 25, 2001. 3. Petitioner is without the ability to eam income sufficient to meet her reasonable needs and to pay attorney's fees. WHEREFORE, Petitioner prays this Honorable Court to order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines and reasonable attorney's fees. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attomeys for Plaintiff & LINDSAY dsa quire ~6 w. m~ s~, 26 West High Street c~,e, P,~ Carlisle, PA 17013 (717) 243-6222 DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 21-3293 CIVILTERM WILLIAM H. DEW, : Defendant/Respondent : IN DIVORCE CERTIFICATE OF SERVICF AND now, this day of 2001, I, Carol J. Lindsay, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the within Petition for Alimony Pendente Lite this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attomeys for Plaintiff By; Carol J. Lindsay, Esquire ID~ 44693 SAIl)IS 26 West High Street S[~'I~, fLOW'Bt Carlisle, PA 17013 & LINDSAY (717) 243-6222 26 w. Hllh Street Carlisle, PA DR 31214 PACSES ID 730104027 DENISE M. DEW, : IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : DOMESTIC RELATIONS SECTION : CIVIL ACTION - LAW WILLIAM H. DEW : Defendant/Respondent : NO. 2OO1~$295 CIVIL TERM ORDER OF COURT AND NOW, this 24th day of January, 2002, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $2,238.10 and Respondent's monthly net income/earning capacity is $2,695.05, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $250.00 per month payable semi-monthly as follows~ $91.50 for alimony pendente lite and $33.$0 on arrears. First payment due in the amount of $125.00 on next pay date. Arrears set at $549.00 as of Sanuary 24, 2002. The effective date of the order is November 7, 2001. Husband i.s to pay forty percent (40%) of any and all net bonus(es) directly to wife within five days upon receipt of said bonusa and he is to send verification to wife and to the Domestic Relations Office within the same five days. Husband is to report to the Domestic Relations Office any raises that may occur in March 2002 and thereaiter. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, atter hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Denise M. Dew. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to~ PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the defendant's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. Unreimbursed medical expenses that exceed $250.00 annually are to be paid 0% by the respondent and 100% by petitioner. The petitioner is responsible to pay the first $250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this order, the Petitioner shall submit written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at a minimum, oE 1) the name of the health care coverage provider(s): 2) any applicable identification numbers~ 3) any cards evidencing coverage~ 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract; 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order shall become final ten days at'er the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. DRO: R. J. Shadday BY THE COURT, Mailed copies on Peqitioner 1-24-02 to: < Respondem Carol Lindsay, Esquire ~ G. Patrick O'Connor, Esquire Edward E. Guido j. ORDER/NOTiCE TO WITHHOLD iNCOME FOR SUPPORT Order/Notice State C~mmonw~alth of Pennwlvania Co./City/Dist. of ~a~ 0 Am~d O~oti~ Date of O~er/Noti~ 01/25/02 ~ ~/~/~ O Te~ina~O~e~ Coa~C~ Numar (8~ ~am ~ c~ summ~ry) RE: D~Ws ~ ~. Emplo~lde~s Fermi EIN Numar Em~oye~O~i~s Name (~sL Fia~ MI) Em~o~i~lde~s N~ Em~oyee/O~i~s S~ial ~cufl~ Numar 32~ ~ C~ Em~ith~lde~s ~mss Em~Obli$o~s C~se Idenli~er Cus~dial ~nt'~ N~ (L~st, Fi~ MI) See Addendum for dependent names and birth dams associated with ceses on altadnment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CL~eS]:~ County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 183. oo per month in current support $ 6?. 00 per month in past-due support ^rrears12weeksorgreater~ ®yes (~ no $ 0. oo per month in medical support $ o. oo per month for genetic test costs $ per month in other (specify) for a total of $ aS0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 5'7.69 per weekly pay period. $ .~L,L,~,.,tJ. per biweekly pay period (every two weeks). $ 125. oo per semimonthly pay period (twice a month). $ 250. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannot exceed .55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisbur& Pa 17106-9112 IN ADDITION/PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID Cslmwn above a~ the Employee/Obiijor's Case Idenlifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: dAN ~ '~ ~q:~ ~ ~. ~,~,c'" Form EN-02§ Service Type t4 ~ ~__ I'"~ o~a No.: o9,o-0~ s4 Worker ID ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you am required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If them are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from mom than one employee/obligor's income in a single payment to each agency requesting withholdin8. You must, however, separately identify the portion oftbe single payment that is am'ibutable to each employee/obligor. 3.* ,~.~-..i~i~, ~,~,a ?,~a;~'D&~...:;;'~;,~,,~,J,~L,~ ...... :' ....... ~' ' ~ ~'7 ...................... ~ - ,~ ~ _~. ,.L, ~ a ............. -.L ~' a '~"'~ ..... ~'~r ............ ~=r ........... · ...................................................... ~,.,,~ ....-~-~. You must comply with the law of the stele of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If them is mom than one Order/Notice to Withhold Income for Support against this employee/obligor and you am unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See ~J below) 5. Termination Notification: You must promptly notify the Requesting Agency when the empfoyee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WlTHHOLDER'S ID: 99011001?3 EMPLOYEE'S/OBLIGOR'S NAME: D~W, WIT.L.T. RM H. EMPLOYEE'S CASE IDENTIFIER: ?37S'100ga0 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to mpon and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you am liable for both the accumulated amount you should have withheld from the employee/obli8or's income and other penalties set by Pennsylvania State law. Pennsylvania Stele law 8overns unless the obligor is employed in another 5tare, in which case the law of the State in which he or she is employed 8ovems. 8. Anti-discrimination: You am subject to a fine determined under State law for dischargin8 an employee/obli8or from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law 8overns unless the obli8or is employed in another State, in which case the law of the Stale in which he or she is employed govems. 9.* Withholding Limits: You may not withhold mom than the lesser o~ 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.5.C. §1673 (b)l; or 21 the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left a~er making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Requesting Agency:. If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE AI-I'ACHMENT UNIT 13 N. HANOVER~T by telephone at ~ or P.O. BOX 320 by FAX at ~ or CARLISLE PA 1 7~1~1 by Intemet ~ Page 2 of 2 Form EN-028 Sen/ice Type 14 o;~sNo.:ow.-o~54 Worker ID SI. ATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: DEW, I~:LLTJUq H. Plaintiff Name Plaintiff Name DEN'rS~ M. D~W Docket Attachment Amount Docket Attachment Amount 03.-3293 CTV~L $ 250.00 $ 0.00 Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB [] If checked, you am required to enm the child(mn) iclentified above in any health insurance coverase ava able identified above in any, health insurance coverase available thmush the employee's/obii$or's employment, thmu§h the employee s/obiisor's employment. I~ACSES Case Number PACSES Case Number ~ Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ o.0o $ 0.0o Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB [] If'c~eck~ed, you am required to enro the chi d(mn) [] If checked, you am required t~ enro the child(mn) identified above in any health insurance coverage available identified above in any, health insurance coverase available throu8h the employee's/oblisor's employment, thmush the employee s/oblisor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket A~achment Amount $ 0.o0 $ 0.0o Child(mn)'s Name(s): DOB Child(mn)'s Name(s): DOB I'-I If checked, you am required to enm the child(mn) identified above in any health insurance coverase available identified above in any health insurance coverage ava ab e throu8h the employee's/obligor's employment, throush the employee's/obligor's employment. Addendum Form EN-028 Service Type t4 OMSNo.;09~O-~,5, Worker ID SZRTT oRDER/NoTICE TO WITHHOLD INcoME FOR SUPPORT Co./Ci~/Dist. of C~ ~ ~/f O Term~ O~erlN~,ce dNotice 09/03/02 Date of OHe . .~dum ~ ca~ seminary) Empl~er~J ~~r ~tifier See Addendum for dependent names and birth dates associaled with cases on attachment. ORDER iNFORMATION: This is an Order/Notice to withhold Income for Support based upon an order for support County, Commonwealth of Pennsylvania. By law, you are required to deduct these not ~°mmounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is issued by your State. $ 183 · 00_per month in currant support -- o. oo per month in past-due suppOrtArrears 12 weeks or smater?O yes (~ no $ -- o. o~Per month in medical support $ $-- O- 0~per month for genetic test costs per month in other (specify) $ -- - 183.00 per month to be forwarded to payee below. fora total of $ _ van/your pay cycle to be in compliance with the support order, if your pay cycle does not match You do not have to the ordered support payment cycle, use the following to determine how much to withhold: $ 47.2:~per weekly pay period. I~,. a. 6Per biweekly pay period (even/two weeks). $ semimonthly pay period (twice a month). $ p~.. 5~per $ 183. ooper monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate2date of withholding. You am entitled to deduct a fee to defray the cost of withboldin$. Refer to the laws governing the work state of your employee for the the allowable amount. The total withheld amount, and your fee, cannOt exceed 55% of the employee's/obligor's agsregate disposable weekly earninlP. For the purpose of the limitation on withholding, the following information is needed (See #g on pg. 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID Csbown above as the Employee/Obli~or's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE cOURT: :~ ..:::..; ..~,~ · SEP ~ ~Olg. ". - '-:':.':*.,'. Date of Order: ~--~bt~,~ · u, . ..~ I Form EN-028 ~~ Worker ID ~; T ~.~' Service Type M ~,o~e ~2n~ ADDITIONAL iNFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If checked you are required to provide a copy of this form to your employee. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency lisled below. 2. Combining Paymenls: You can combine wilhheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ~,av ....................... e .......................................................... ~'.~'r .... e=,. You must comply with the law of Ihe state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against Ihis employee/obligor and you are unable Io honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices Io the greatest extent possible. (See #9 below) 5. Terminalion Notification: You must promptly nolify the Requesting Agency when the employee/obligor is no longer wotkin8 for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. WITHHOLDER'S ID: 9901100173 EMPLOYEE'S/OgLIGOR'S NAME: DEW, WILLIAM H. EMPLOYEE'S CASE IDENTIFIER: 9375100880 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any queslJons about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obli§or's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless Ihe obligor is employed in another Stale, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for dischargJn§ an employee/obligor from employment, ref~usin§ to employ, or taking dJsciplJnaw action against any employee/oblJ§or because of a support withholdJn§. Pennsylvania Stale law governs unless the obligor is employed Jn another State, Jn which case the law of Ihe State in which he or she Js employed 8ovems. g.* Withholding Limils: You may not wilhhold more than the lesser of: I) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. § 1673 (b)l; or 2) the amounts allowed by the State of the employee's/obli§or's principal place of employment. The Federal limit applies to Ihe aggregate disposable weekly eamJnljs (ADWE). ADWE is Ihe net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 10. *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you am to follow the law of the state that issued this order with respect to these items. Requesting Agency: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVERST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at ~ or CARLISLE PA 1 7013 by Intemet Page 2 of 2 Form EN-028 Service Type M o~aa,~,ae~o~s~ Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant~Obligor: DEW, WILLIAM ]{. PACSES Case Number 730104027/,~/~/~' PACSES Case Number Plaintiff Name / w Plaintiff Name DENIS~ M. DEW Docket Attachment Amount Docket Attachment Amount 01-3293 CIVIT. $ 183.00 $ 0.00 Child(ren)'s Name(s): DOg Child(mn)'s Name(s): DOB [] If checked, you am required to enroll the child(mn) [] If checked, you am m(:luired to enroll the child(mn) identified above in any health insurance coverage available identified above in any health insurance coverage availab e through the employee's/obligor's employment, through the emp oyee's/obligor's employmenL PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Altachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB [] If checked, you am required to enroll the child(mn) [] If checked, you am m(:luired to enroll the child(mn) identified above in any, health insurance coverage ava ab e identified above in any health insurance coverage ava ab e through the employee s/obligor's employment. Ihrough Ihe employee's/obligor's employment. PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ o.oo $ 0.oo Childtren)'s Name(s): DOB Child(ren)'s Name(s): DOB [] If checked, you am required to enroll the child(mn) [] If checked, you am required to enroll the child(mn) identified above in any health insurance coverage availab e identified above in any health insurance coverage ava ab e through the employee's/obligor's employment, through the employee's/obligor's employment. Addendum Form EN-028 Service Type M o~8~o.:o9~o~s4 Worker ID $IATT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOMESTIC RELATIONS SECTION Denise M. Dew, : Civil Action--Divorce Plaintiff : vs. : No. 01-3293 Civil Term : In Divorce William H. Dew, : DR# 31214 Defendant : Paces# 730104027 PRAECIPE TO DISCONTINUE SUPPORT To the Office of Domestic Relations: Please immediately discontinue permanently all collections of Alimony Pendente Lite or Support'pat ybu are making in Plaintiff's behalf, discontinue garnishments from the wages of the Defendant, a~er..~!~-~-*-z 'J.'?r,~ ;.~, ~c, lv, zzt ~-r;~-g~,c: H t~e c;':.:t t~r.t ~r.7 ~_..,ze_emge: ~-e_ ~ s_ by Dzfzn~n the above captioned case. In the event that you have in your possession any funds that have been collected in behalf of Plaintiff, please return them immediately to the Defendant, William H. Dew, 404 Evergreen Road, New Cumberland, PA 17070. The purpose of this Pmecipe is to satisfy terms ora Separation and Property Settlement Agreement executed on this /~"~day of October, 2002, that extinguishes Plaintiff's claim, that has not yet been collected by the Plaintiff, for alimony pendente lite or support for the past or for the future. Denise M. Dew, Plaintiff Saidis, Shuff, Flower & Lindsay, P.C. Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 (717) 243-6222 DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF PlalntlfflPetitioner : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. OI-3293 CIVIL TERM WILLIAM H. DEW, : Defendant/Respondent : IN DIVORCE ORDER OF COURT AND NOW this ~ day of ._~_.q~9.P.=t_=~, 2002, upon consideration of the within Petition for Special Relief, a Rule is issued on William H. Dew to show cause why he should not be enjoined from borrowing against or liquidating his 401(k) Plan, The Quaker Plan, or dissipating any marital asset pending equitable distribution. RULE retumable at a hearing set for the ].5'}S~, day of ~7~3').c~/_.' 2002, in Court Room No. / at the Court House in Carlisle, Pennsylvania, at c]:30 o'clock ~..m. PENDING the hearing, Respondent is prohibited from dissipating any marital asset, and in particular, from borrowing against or liquidating any portion of his Fidelity 401(k) Plan, The Quaker Plan. G.~ y the Court, , DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF PlalntifflPetltloner : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. ~1-3293 CIVILTERM WILLIAM H. DEW, : DefendantJRespondent : IN DIVORCE PETITION FOR SPECIAL RELIEF Now comes Denise M. Dew, by and through her attomey, SAIDIS, SHUFF, FLOWER & LiNDSAY, and petitions this Honorable Court as follows: 1. The parties hereto am husband and wife, having been joined in marriage on June 29, 1997, and having separated on April 25, 2001. 2. The parties own no real estate. The significant marital asset is a 401(k) Plan, the Quaker Plan, owned by Respondent. 3. Shortly before the parties' separation and without the knowledge or approval of Petitioner, Respondent borrowed from his 401(k) Plan $35,000.00, depositing that money into his Belco savings and checking accounts. 4. From the $35,000.00 so deposited, Respondent paid off approximately $6,000.00 in marital debt which was in his name only, and spent $10,000.00 for a Ford Mustang. The balance of the $35,000.00 has been spent as well, although Petitioner is SAIDIS not sure of the disposition of the balance of the assets. SHUFF, FLOWER & UNDSAY 5. At a conference on a Petition for Alimony Pendente Lite on January 24, 26 W. Hl#t Street c~,.**~,P^ 2002, Petitioner leamed that Respondent had borrowed an additional $6,000.00 to $7,000.00 from his 401(k) Plan. 6. Petitioner believes and therefore avers that Respondent's continuously borrowing from the 401(k) Plan impairs her ability to be paid in equitable distribution. WHEREFORE, Petitioner prays this Honorable Court to enter a Rule upon the Respondent to show cause why he should not be required to refrain from borrowing against or cashing in any parts of the his 401(k) Plan, or from liquidating or otherwise dissipating any marital asset pending equitable distribution. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff/Petitioner ~1 arol)J. Lindsa'~j~squim ~4693 ~ 26 West High Street Carlisle, PA '17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY 26 W. HI~ii Street Carlisle, PA VERIFICATION I, the undersigned, hereby vedfy that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Denise M. Dew Date: SAIDIS SHUFF, FLOWER & LINDSAY 26 w. Hl~h Street Carlisle, PA DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 21-3293 CIVILTERM WILLIAM H. DEW, : Defendant/Respondent : IN DIVORCE CERTIFICATE OF SERVICE AND now, this ~3__)~ day of ..'~'~'~-~-~c/'~'/,:.~_------.. , 2002 Carol J. Lindsay, Esquire, of the law fir~.~AlOlS, SH~, FLOWER& LINDSAY, Attorneys, hereby certify that I served the within Petition for Special Relief this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff 26 West High Street Carlisle, PA 17013 SAIDIS (717) 243-6222 SHUFF, FLOWER & LINDSAY 26 W. Hlsh Street Cafllde, PA IN T~E COURT OF CO~40N phEA$ OF DENISE ~' DEW, , CUMBERLAND COUNTY pENNSyLVANiA plaintiff/petitioner: : CIVTL ACTION - LAW TERM : NO. 01-3293 CIVIL WilLIAM H' DEW, Defendant/Respondent: IN DIvoRCE IN RE: pLAiNTIFF'S pETITION FOR spECIA~ REsIEF AND NOW, this %5th day of April, 2002, upon consideration of plaintiff's petition for Special Relief, and following a hearing held on this date, it is ordered and directed as follOWS, pending further order of court: ~. Defendant shall not withdraW, borrow againSt or from, encumber, alienate, transfer, give away or, by any other act or omissiOn, including the losS of his present employment, deplete, diminish or depreciate the assets of Defendant'S 401(K) plan {the Quaker Hourly plan); 2. Defendant shall not withdraW, borrow against or from, encumber, alienate, transfer, give away or, by any other act or omission, deplete, diminish or depreciate the proceedS of any loans or withdrawalS since April 1, 2001, against or from the said 401(K) plan, or any account into which suCh proceeds were deposited- 3. within 20 days of today'S date, Defendant shall disclose, upon verification in the customary form and supported by such written documentation as he is reasonably able to obtain, to Plaintiff's counsel the disposition, proximate and ultimate, of all withdrawals or loan proceeds from the said 401(K) Plan since April 1, 2001; 4. Within 20 days of today's date, Defendant shall disclose, upon verification in the customary form and supported by such written documentation as he is reasonably able to obtain, to Plaintiff's counsel what amount presently in the said 401(K) Plan is available to be rolled over into an account of Plaintiff if such an order were entered; and 5. Following the disclosure required under paragraphs 3 and 4 of this order, the court will entertain a motion by either party for a hearing on whether the injunctive aspects of this order should be terminated or otherwise modified. By the Court, Carol J. Lindsay, Esquire J,/~ley~ For the Plaintiff G. Patrick O'Connor, Esquire For the Defendant :mae The Quaker 401(k) Plan Retirement Savings Statement for Hourly Employees Ap,~ 1, 2001- June 20. 2001 Social Security Number: 268-68-9128 #BWNFXTG ENV#MG000972 MG 05161 X WILLIAM H. DEW ~' Customer Bowice Centar: 1-800-414-4015 404 EVERGREEN ROAD To make changes to your ecosunt or for questions about thi, NEW CUMBERLAND, PA 17070 statement, call the toll-frea customer senrfce number. Representatives are available 8:30 AM - 12:00 AM M-F. A Quaker Benefits Office Message Investing means accepting one impo~ant fact: most investments can go up and down in value regularly - sometimes by a lot - even over short-tarm periods. Be realistic about the potential for gr'-~,vth for your investments, and realistic al~out the risks. Over the last six years, stocks have performed unusually well with annual returns averaging about 20%. However, stocks have had historical average annual returns of approximately 11%*. Remember that the best investment strategy is to choose the right asset allocstlon o! stocks, bonds and short-term investments and to invest for the long term. Call your plan's toll-free number or visit Fidelity NetBanefits(sm) to review your asset aJlocetlon so you can be sure it's meeting your long-term needs. *lbbotson Associates, 2001 average annual rate of return of stocks 1926-2000. Past performance is no guarantee of future results. Stocks are represented by the Standard & Ponr's 500 Index (S&P 500 Index). The S&P 5g0~ Index is a registered servios ma~ of The McGraw-Hill Compecise, Inc., and is a widely recognized, unmanaged index of 500 U.S. common stocks. Fidelity Investments Institutional Services Company, 82 Devonshire Street, Boston, MA 02109 Your Account Summary Your Asset Allocation Beginning Balance $104,742.12 Loans -35,000.0Q · Stocks 99% Loan Repayments 2,176.44 Disbursements -258.41 [] Short-term 1% Change In Market Value -4,621.97.. Ending Balance $67,038.18, Additional Information # Dividend & Interest $291.69 * Outstanding Loan Balance $33,597.98 I.cens ore on asset of your account but are not included in your assot aJince]ion. Your account is currently allocated among the asset classes Your Poreonel Rate of Return specified above. Percentages and totals may not be exact due This Period -4.9% to rounding. Year to Dote -4.7% Your Personal Rate o! Relurn is calculated with ~e lime-weighted ~ formula, a formula widely used by financial analysts to calculate the invaslment earnings of a porlfollo. It mflasts the rssults of ),our invesbnent selections as well as any acuity in the accounL There am ollmr Personal Ra~ of Retum formulas used that may yield different rasu~. Remember that past performance is no guarantee of future results. Please read this statement cemlully. Any error must bo repmted to Fidelity investments within 90 days. 0972 MG000g72 0001 20010723 MG4K 208889128 Fidelity investments, PO Box 5424, Cincinnati, OH 45250-5424 Page 1 of 4 The Quaker 401(k) Plan Statement Period: 04/01/2001 to 06/30/2001 for Hourly Employees Social Security Number: 268-68-3128 Your Account Activity . .. U~e ~is ~e~tion ~. a .ummiw o! ~ns~tlon~ Ihat oc~umd In your___,~eu_ nt during me Activifv Retire Mmkt Common Stk Total Boginning Balance $16,054.08 S89,688.04 $104,742.12 Loans -15,084.45 -19,915.55 -35,000.00 Loan Repayments 761.35 1,395.09 2,176.44 Disbursements 0.00 -258.41 -258.41 Change In Madmt Value 33.28 -4,655.25 -4,621.97 Ending Balance $784;]6 S66,253.92 $67,038.18 Dividend & tmerest $33.28 $258.41 $291.69 Market Value of Your Account Displayed in ~is section is me v~lue o! your account for ~s ,raiment per,cl. In bom units and dollars. Units on Units on Prioe on Prics on Markst Value Market Value ~-~;,,~;,-;; 03/3112001 08/30/2001 03/31/2001 _n=_~.n/~ml on 03/31/2001 on 06130/2001 Quaker Common Stk 5,373.759 4,217.309 $16.69 $15.71 89,688.04 65,253.92 Fidelity Retire Mmkl 15,054,080 784.260 $1.00 $1.00 15,054.08 784.26 As of June 30, 2001 you own 4217.309 units of Quaker Common Stock Fund, whk;h _-,q._~ s ;n va]us m approxlma~y 726.0704 ,h~es of .a3ck at $91.25 per dmre. Your Contribution Elections as of 07/23/2001 '1~is section dJspJay$ In which funds your conbtixJtions wil be invested. Company ~J'l Ve.tl~mMlt ~ M~toh__. Fidelity Retire Mmkt 43% CrT, Quaker Common Stk 57% 100% Total 100% 100% Company Contributions Prs~x Match This Period $0.00 $0.00 Fidelity to Data $8,191.71 $2,352.22 Your Loan Activity Loan Date Loan Amount Bal~ce on Prin=ipal Repaid Balance on Interest Paid 04/01/2001 ia I Th ..... 04/1 .g8 $774.42 Loan Totals: $0.00 $1,422.02- $33,597.98 $774.42 0972 MG000972 0001 20010723 MC.-4K 2C""'~="'~';2t~ Fidelity Investments, PO Box 5424, Cincinnati, OH 45250-5424 Page 2 of 4 View the current balance of your retirement savings plan account as well as details about your investments. O Investment OpIJons I O Asset Class Source Balances Balances As of Date: 03/28/2002 Total Market Value Outstanding Loan Balance $47,163.74 $38,096.29 To view historical performance, click on the investment's name. Znvestment Option by Asset Class Balance Shares $ Change per or Unite NAV Share or Unit Stock Investments COMPANY STOCK PEPSICO CAPLTAL STK $46,637.63 5,281.725 $8.83 + $0.07 Short Term Invsatments FIDELITY RETIRE MMKT $526.11 526.110 $1.00 $0.00 Balances and prices are subject to nightly account updates. hllps://corporatebeaefits403 .fidelily.com/netbenefits/definedcon~bufions/balances/fund 4/1/2002 Fidelity: Loans Page I of 3 Other Topics Loans ~ · Can I bo~w from ~v 401 ~k)~ Plan · H~ d~s a Ipan from.; 401(k) plan accCunt work? ~ = How mu~h can I.~.ow.ff~ my 4Dl(k} = ~ does ~kin9 a I~.p a~ct ~he value_~ m~.~count? R~lm~nt · ~h~ or =enalttos involved witb~? ~n y~u L~y~ Your · HOW I~g d;es.[tt;ke.t~D.m~s~4, loa~? ~ · ~ the iD~emst p~yments ~_loans ~x deductible? Tax~ · How dol~~~ount? ~tatements = ~.to mv Io~n if I le~~_? Can I borrow from my ~t(k)? It depends on the provisions of ~ur ~mpany's retirement plan. Not all plans allow for loans. Check wi~ your beoafi~ de~ment, or ~11 ~ur company's dedi~t~ Fideli~ telephone number ~ find out. Retum ~ ~stion li~t How does a loan from a 401(k) plan account work? When you toke a loan from your 401(k) plan account, you actually take money out of your account, with a promise to repay it. You pay your account back the amount you borrowed plus interest (a fixed reto determined at the time of the loan), through automatic deductions from your pay or bank acount, or through coupon payments (as allowed by your plan). The interest you pay your account is not tox-deductible and is paid with after-tox dollars. As long as you repay your loan on time, you won't be subject to withholding taxes or penalties, as you would if you withdrew from your account before retirement. There are some additional things to keep in mind when considering toking s loan. First, check with your employer to find out what the rules are for repayment if you leave the company before repaying your loan in full. Many plans require prompt, full repayment. Not repaying your loan within the provisions of the plan can cause it to be in d~ault, triggering tox consequences. Second, consider the possible long-term effects a loan can have on your account balance. Although a loan may be a prectical option when you need financial assistance, you could miss out on the full growth patontial of your principal over the long term. In other words, the money you toke out of your account immediately loses its earning potential. And while you're paying interest on the loan, it's important to remember that the interest is coming out of your own packet. Return to qP.0.~tion .Ij~t How much can I borrow from my 401(k) plan? If your plan allows for loans (not all plans do), the most you con borrow is 50 percent of your vested balance or $50,000, minus your highest outstanding loan balance over the last 12 months - whichever is less. Some plans may have more restrictions, so be sure [o check with your benefits department. http://www.401 k.com/401 k/about/loans.htm 04/12/2002 Fidelity: Loans Page 2 of 3 Return to (lUeSti~p. st How does taking a loan affect the value of my account? First of all, the money you borrow comes out of your own account, so your balance is reduced by the amount of your loan. But taking a loan has another, less visible, effect on your account over the long term. While a loan may be a practical option when you need financial assistance, over time you could miss out on the full potential value of your principal. In other words, the money you take out of your account is no longer working for you, and therefore, loses the potential to grow. Even if you repay a loan to your account and continue to invest in the plan, you still lose earnings potential for the loan amount while you're repaying it. Return to ou~stion..!j~t Are there taxes or penalties Involved with a loan? There aren't taxes or penalties when you initially take a loan. Taxes or penalties only come into play if you leave your company, and/or if you don't repay your loan on time. If you decide to leave your employer, you must repay your loan in full within a certain amount of time. If you are under age 59 112 and you do not repay your loan within this certain time frame, the loan is then considered a withdrawal and you would have to pay a 10 percent early withdrawal penalty as well as current income taxes. Some employers treat loan defaults differently, and some charge fees for taking loans. Check with your benefits department or call your company's dedicated Fidelity telephone number for more information. Ratum to ouestion list How long does It take to process a loan? This depends on your company's plan. It could take as little as three days, or as long as six weeks to process a loan check. Call your benefits office or your company's dedicated Fidelity telephone number for specifics on your plan. Return to ~ue,~tjpr~ lisX Are the Interest payments on loans tax deductible? No. Return to (luest on.list How do I repay my 40'l(k) plan account? You repay the loan to your account through automatic deductions from your pay or bank acount, or through coupon payments (as allowed by your plan). Interest on the loan is also paid into your plan account so you are, in effect, paying back the interest to yourself. The interest you pay is not tax deductible and is paid with after-tax dollars. Refum to g~J~stiop, list What happens to my loan if I leave my employer? If you have an outstanding balance on your loan and do not make arrangements to pay it back when you terminate employment, your loan will be considered in default and the outstanding b.a. lance would be treated as a taxable withdrawal. The provisions of your plan will outline the circumstances under which default occurs, so be sure to check with your benefits department. Return to ouestion lis/ Can I take a loan from my IRA? No. Loans are not permitted from an IRA in any circumstances. http://www.401 k.com/401 k/about/loans.htm 04/12/2002 Fidelity: Loans Page 3 of 3 Return to auestion list ~CopyHght 1996-2{X)2 FMR Corp. A,I ,ghts resefl/ed. ~ · . ~~--' '" · http://www.401 k.com/401 k/about/Ioans.htm 04/12/2002 DENISE M. DEW, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. ~1-3293 WILLIAM H. DEW, Defendant. : IN DIVORCE DEFINED CONTRIBUTION (401 (k)) PLAN CtDRO WHEREAS, the Court has by separate Order dated ~ granted Plaintiff and Defendant a Decree of Divorce which provides for a diviaion of the marital estate and provides specifically for the assignment to the Plaintiff of a portion of Defendant's..benefit in the Plan (as defined herein); and WHEREAS, the parties hereby submit to the Plan Administrator an Order that satisfies the requirements of a Qualified Domestic Relations Order. NOW, THEREFORE, in consideration of the foregoing premises hereunder specified, Plaintiff and Defendant do agree, and the Court does order, as follows: (1) The parties and the Court intend this Order to constitute a "qualified domestic relations ~rder" as defined in Section 414(p) of the Internal Revenue Code of 1986, as amended (the "Code"), and Section 206(d)(3) of the Employee Retirement Income Secudty Act of 1974, as amended ("ERISA"). (2) This Order applies to the following qualified plan (hereinafter the "Plan'S: The Quaker 401(k) Plan for Hourly Employees. Unless otherwise defined in this Order, capitalized words shall have the meaning assigned under the Plan. (3) Plaintiff is hereby deemed an "Altemate Payee" within the meaning of Section 414(p)(8) of the Code and Section 206(d)(3)(10 of ERISA. Defendant is a participant in the Plan. (4) The name, mailing address, social secudty number and date of birth of Defendant, hereinafter referred to as "Participant," are: William H. Dew, 404 Evergreen Road, New Cumberland, PA 17070, SS #268-68-9128, DOB: 2/21161. The name, mailing address, social security number and date of birth of Plaintiff, hereinafter referred to as . . j "Alternate Payee', are: Den,se M. Dew, P.O. Box 1542, Machaniceburg, PA~ $S ;lH61-.58- 7070, DOB: 1130169. (5) From the Participant's account balance in the Plan, the Plan shall distribute to the Alternate Payee a single lump sum cash amount equal to $30,000.00 as soon as practicable following the determination that this Order is a Qualified Domestic Relations Order and in accordance with the terms of the Plan. (6) In the event any portion of the Participant's account balance assigned to the Alternate Payee under this Order is invested in the Brokerage Option, the Participant is hereby ORDERED to transfer, immediately, such portion assigned to the Alternate Payee herein into any one (or any combination) of the PepsiCo Common Stock Fund, the Secudty Plus Fund, the International Equity Index Fund, the Mid Cap Equity-index Fund, the Total U.S. Equity Index Fund, the Large Cap Equity Index Fund, the Bond Index Fund or the Small Cap Equity-Income Fund. (7)' In the event of Participant's death prior to payment to the Alternate Payee, the Alternate Payee shall be deemed a "surviving spouse" within the meaning of Section 414(p) (5) of the Code and Section 206(d)(3)(F) of ERISA with respect to the amount of benefit assigned to the Alternate Payee hereunder. Any designation of Alternate Payee as Participant's designated beneficiary is hereby revoked and canceled except to the extent needed to carry out this Order. (8) In the event of Alternate Payee's death prior to commencement of payment hereunder, the benefit shall be payable under the terms of this Order to her estate. (9) Upon the last payment of any distribution to Altemate Payee pursuant to this Order, the Alternate Payee shall have no further right, claim or interest in or upon the Plan or the Participant's account in the Plan. (10) Notwithstanding anything in this Order to the contrary, in no event shall the Plan be required to (a) provide any type or form of benefit, or any option, not otherwise provided under the Plan, nor (b) provide increased benefits (determined on the basis of actuarial value by the Plan's actuary): nor (c) pay any benefits to the Alternate Payee which ara required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order. (11) Because it is intended that this Order will qualify as a Qualified Domestic Relations Order, the provisions hereof shall be administered and interpreted in conformity with ERISA and the Code. The Court shall retain limited jurisdiction to amend this Order only for the purpose of meeting any requirements to create, conform, and maintain this Order as a Qualified Domestic Relations Order under ERISA and the Code, and either party may apply to the Court for such an amendment. (12) The Plan, its sponsor, contributing employer, fiduciaries and administrators shall not be responsible for any costs and expenses, including attorney's fees, incurred by the Participant or Alternate Payee in connection with obtaining or enforcing a determination that this Order is a Qualified Domestic Relations Order. ORDERED AND DECREED. SO STIPULATED: William H. Dew Deniae M. Dew In ?estim0ny whcreof, I h~:r'~ unto set my hand and the seal of said Court at Carlisle, Pa. This ................ day of ................... , ........ p~thoeotsr/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Denise M. Dew, : Civil Action-Law Plaintiff/Movant : vs. : No. 01-3293 Civil Term William H. Dew, : DefendantJMovant : In Divorce ORDER OF COURT _~ AND NOW, this day of ~,~ ~2'~ ~ .~ ~ -~ ,2---~P-_, upon consideration of the Motion to Terminate Injunctions, filed as a joint motion by both p~es in ~e a~ve ca~ion~ c~, it is o~e~d ~d di~ed ~at all inj~ive aspects of · e O~er of A~il 17, 2002, ~ well ~ of all inj~ctive ~cts of p~vious Ord~ t~t may ~ applicable to the above c~e, ~ hereby te~i~ted. By ~e Co~, J.~sley 01~, Jr~J. ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Denise M. Dew, : Civil Action-Law Plaintiff/Movant : vs. : No. 01-3293 Civil Term William H. Dew, Defendant/Movant In Divorce MOTION TO TERMINATE INJUNCTIONS AND NOW, this day of ,2002, Denise M. Dew, by and through her counsel, SAIDIS, SHUFF, FLOWER & LINDSAY, and William H. Dew, by and through his counsel. G. Patrick O'Connor, Esquire, hereby moves this Honorable Court as follows: 1. The parties hereto are husband and wife, having been joined in marriage on June 29, 1997, and having separated on April 25, 2001. 2. The plaintifffiled a Complaint in Divorce on May 30, 2001. 3. Defendant filed a Petition for Special Relief on or about February !, 2002, in regard to defendant's Fidelity 401(k) Plan. 4. In response, this court issued an Order pending a hearing on February 1, 2002, and an Order on April 17, 2002, subsequent to the hearing. Each Order contained injunctive aspects. 5. The parties hereto have resolved their differences and have executed a Separation and Property Settlement Agreement which provides for disposition of Defendant's 401 (k) funds. 6. Said Separation and Property Settlement Agreements provides that the parties will file a joint motion to terminate previous Orders providing for injunctive relief. WHEREFORE, movants pray this Honorable Court to terminate all injunctive aspects of the Order of April 17, 2002, as well as those of all previous Orders that may be applicable to the above case. ~ar~] J. Li~lsa'~,'~Scl~ir~ ] s dis, S ow. /ndsay, P.C. Attorney~T6r Plaintiff / ID~ 44693 26 West High Sm:et Carlisle, PA 17013 (717) 243-6222 ./~. Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Defendant VERIFICATION I, WILLIAM H. DEW, verify that the statements set forth in the foregoing document are flue and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. WILLIAM H. DEW Date: /¥2~23 c,~ VERIFICATION I, DENISE M. DEW, verify that the statements set forth in the foregoing document are tree and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. DENISE M. DEW Date: ORDER/NOTiCE TO WITHHOLD INCOME FOR SUPPORT ../%)/~/' ' ~"/:~-"')~'~."~ ~'~/'~'~ O Original O~er~oti~ State ~mo~lth of PenmyIvania O Ame~ed O~erlN~i~ Da~ of O~er/Notice 0~/28/03 ~ Termina~ O~er~i~ Tribunal/Case Numar (~ A~m ~ ~a~ ~mmary) RE: DEW, WILLI~ H. Empl~er~i~ho[der's F~eml EIN Numar Empl~Obligor's Name (L~t, Fi~I, MI) Empl~ObligoPs S~ial Securi~ Numar QU~R F~DS & B~GES 737S100880 321 N C~K ST Empl~Oblis°r'sCa~ldemifier CHI~ IL 60610-4714 ~A~~ Cust~ial Pa~nl's ~ame (Las~, Fill MI) See Addendum for dependent names and birth dates asmc/ated w/th cases on attachment ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from COMBERLAND County, Commonwealth of Pennsylvania. By law, you am required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o. 0o per month in currant support $ 0.00 per month in past-due support Arrears 12 weeks or 8mater~ O yes (~) no $ o. OD per month in medical support $ o. 00 per month for genetic test costs $ per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. 0o per weekly pay period. $ o. OD Der biweekly pay period (every two weeks). $ 0- oD Der semimonthly pay period (twice a month). $ o. o0 0er monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occorrin8 ten (10) working days afmr the date of this Order/Notice. Send payment within seven (7) working days of the paydamJdate of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws 8oveming the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #10 on pg. 2). If remitting by EFTJ~DI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service al 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PA YMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as tim Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT ~END CASH BY MAIL. BY THE COURT: ~ Date of Order: ~~___ Service Type M ~~N~:oeze-o,s~ Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS [] If ~;hecked you. are required to p~p~ide a ~:opy of this form to your. employee. If yogr employee.,wo~s in.a state thai, is dinerent tram tl~e state that issuied this oraer, a copy must be provided to your employee even irme oox is not checKed. 1. We appreciate the voluntary compliance of Federally recognized Indian tribes, tribally-owned businesses, and Indian-owned businesses located on a reservation that choose to withhold in accordance with this notice. 2. Priority: Withholding under this Order/Notice has priorily over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priorib/. If there are Federal tax levies in effect please contact Ihe requesting agency listed below. 3. Combining Payments= You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. ..................................................................... You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 5? Employee/Obli~or with Multiple Support Holdings.' If there is more than one Order/Notice to Withhold income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #10 below) 6. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and retum a copy of this Order/Notice to the Agency identified below. WlTHHOLDER'S ID: 99o11001'/3 EMPLOYEE'S/OBLIGOR'S NAME: DEW~ WILLIAM H. EMPLOYEE'S CASE IDENTIFIER: 93953.00880 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 7. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. I(you have any questions about lump sum payments, contact the person or authority below. 8. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law govems unless the obligor is employed in another State. in which case the law of the State in which he or she is employed govems. 9. Anti-discrimination: You are subject to a fine determined under 5rate law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania 5tare law governs unless the obligor is employed ir, another State, in which case the law of the 5tare in which he or she is employed govems. 10.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounls allowed by the Federal Consumer Credit Protection Act (15 U,S.C. §1673 (b)l; or 2) the amounts allowed by the State of the employee's/obli$or's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income ieit after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. 11. Additional Info: *NOTE: If you or your agent are sewed with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATI'ACHMENT UNIT 13 N, HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at ~ or CARLISLE PA 17013 by intemet www.childsupportstate.pa.us Page 2 of 2 Form EN-028 Worker ID STATT Se~,ice Type M OMB,o.: 0e~0-m s4 KATHLEEN K. ZIMMER_MAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : NO. 01-3321 CFr'IL TERM DONALD R. ZIMMERMAN, : Defendant : IN DIVORCE ELECTION TO RETAKE FORMER NAM~ Notice is hereby given that the Plaintiff, in the above matter, having been granted a Final Decree in Divorce on the 20~h day of February, 2002, hereby elected to retake and hereafter use her former name of l~thleen Lewis Kohlbaas, and gives this written notice avowing her intention in accordance with the provision of 54 Pa.C.S.A. §704(a). Kathleen K. Zimmel~an TO BE KNOWN AS: Kathleen Lewis Kohlhaas COMMONWEALTH OF PENNSYLVANIA : : $S. COUNTY OF CUMBERLAND : AFFIDAVIT personally appeared Kathleen K. Zimmerman, 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 my hand and official seal. I PATRIGIA A. PATTON, Nel~'~ Public DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. .' CIVIL ACTION - LAW : NO. 01-3293 ClVlLTERM WILLIAM H. DEW, : Defendant : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME NOTICE IS HEREBY GIVEN that DENISE M. DEW, Plaintiff the in the above matter, having been granted a Final Decree in Divorce on February 5, 2003, hereby intends to resume and hereafter use the previous name of DENISE M. SWANK, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980. Denise M. Dew, Petitioner TO BE KNOWN AS: Denise M. S~'~nk - COMMONWEALTH OF PENNSYLVANIA : · ' SS. COUNTY OF CUMBERLAND : SAIDIS ON this, the /f day of,~.~~, 2003, before me, a Notary StllJFF, FLOWER Public, personally appeared DENISE M. DEW, t/l~IUa, DENISE M. SWANK, known to & LINDSAY me or satisfactory proven to be the person whose name is subscribed to the within ^Wm~.^~L~W instrument and acknowledged that she executed the same for the purposes therein 26 w. ,t~, 6~.,,contained. Carlisle, PA IN WITNESS WHEREOF, I have hereunto set my hand and official seal. KANDI L LENKER, NOTARY PtJ~.IC I ~,RLISLE BORO. CUMBERLAND COUNTY I My COMMISSI~_N EXPIRES FEBRUARY 20, 2005~ ./' Notary Public ,SEPARATION AND PROPERTY SETTLEMENT AGREF~MEN-I- THIS AGREEMENT made and entered into this ~/,~-'day of~~__, 2002, by and between WILLIAM H. DEW, of New Cumberland, Pennsylvania, party of the first part, hereinafter refarred to as "Husband," and DENISE M. DEW, of Mechanicsburg, Pennsylvania, party of the second part, hereinafter referred to as "Wife."  W ITNESSETH: WHEREAS, the parties hereto arc husband and wife, having been married on June ~,~. 1997 in New Cumberland, Pennsylvania; and WHEREAS, certain differences have arisen between the parties as a consequence of which they intend to live separate and apart from each other during the rest of their natural lives; and WHEREAS, the parties desire to confirm their separation and desire to enter into an agreement for the final settlement of their property and affairs; and WHEREAS, the parties intend to dissolve their marital status by means of a divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania. NOW, THEREFORE, in consideration of the foregoing and in further consideration of the covenants and promises bereinaf~er mutually to be kept and performed by each party hereto, as well as for other good and valuable considerations, it is agreed as follows: 1. SEPARATION. It shall be lawful for each party at all times hereafter to live separate and apart fi'om ~be other party, at such place or places as he or she from time to time may choose or deem fit. 2. NONINTERFERENCE. Each party shall be free fi.om interference, authority and control, direct or indirect, by the other in all respects as fully as if he or she were single and unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Neither party shall molest, harass, disturb or malign the other or the family of said other, nor compel or attempt to compel the other to cohabit or dwell with him or her. 3. MUTUAL RELEASES. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quitclaim, and forever discharge the other pa.~'y hereto, his or her heirs, executors, administrators or assigns, or any of them, of and fi.om any and ali claims, demands, damages, actions, causes of actions, or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, omitted, or suffered to be done by said party prior to and including the date hereof; except that his release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposod by reason of this Agreement, and 2 shall in no way affect any cause of action in absolute divorce which either party may have against the other party. 4. MARITAL PROPERTY. The parties hereto acknowledge and agree that they acquired various assets and debts during their marriage, whether the same were held jointly or individually by the parties hereto, including but not necessarily limited to: (a) Wife's 1997 Jeep Cherokee, titled in names of both Husband and Wife, having a value of approximately $g,762.00 at the time of separation and encumbered by a loan of $4,657.10 at Allfirst Bank, account number 0000158331; Co) A johtt checking account at Allfirst Bank, account number 0088232180, having a value of $4,064.00 at the time of separation; (c) Husband's savings account at Belco Federal Credit Union, having a value of $20,193.48 at the time of separation; (d) Husband's checking account at Belco Federal Credit Union, having a value of $15,000.00 at the time of separation; (e) Wife's account at Members 1st Federal Credit Union, the marital component of which had a value of $1,198.70 at the time of separation. (f) Wife's savings bonds received from Rite Aid Corporation, having a value of $30.08 at the time of separation; (g) The parties' pet dog, obtained during the marriage, having a monetary value of approximately $350.00; (h) Wife's 401(k) retirement fund with Power Packaging, Inc., having a value of $397.06 at the time of separation. (In addition, Wife had a 401 (k) retirement plan with Prudential Investments, obtained through Rite Aid Corporation, which declined in value by $2,501.84 during the marriage.); (i) Wife's Individual Retirement Account (IRA) with Allfirst Bank, having a value of $3,711.80 at the time of separation; (j) Husband's 401(k) Quaker Oats Retirement Plan for Hourly Employees, which had a total value of $104,742.12 as of March 31,2001; (k) Household goods, contents, furniture and furnishings located in the marital home; (1) Husband's and Wife's personal effects and possessions; (m) Marital debts incurred by Wife, which include her First USA Bank, N.A., account number 4417121027552697 in the amount of $4,801.95, her Capital One account number 4121741410442854 in the amount of $1,115.99, and her Kohl's account number 029-2522-463 in the amount of $510.15. In addition, Wife brought into the marriage a debt 4 with Beneficial Finance Company, account number 3711714-I 0- 500535-5, the balance of which was $5,557.73 at the time of separation; (n) Marital debts incurred by Husband, which include a loan from his Quaker Oats 401(k) Retirement Plan for Hourly Employees in the amount of $35,000.00, his Shell Master Card account in the amount of $4, 899.79, a joint Capital One account in the amount of $I,387.00 and an American Express account of $3 i 3.00; (o) In addition to the above assets and debts, as itemized in paragraphs 4(a) through 4(n), above, the parties had certain other non-marital assets at the time of separation. These include Husband's 1994 Jeep Wrangler, which had a value of approximately $6,137. 5. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant and agree that the assets described in Paragraph 4, above, have been or are hereby being divided and dis~buted between them as follows: (a) Husband relinquishes and disclaims any and ali ownership, right, ti~Je _ and interest in Wife's 1997 Jeep Chewkce, andres that ~~s~come and remain the sole and separate owner of same. Wife agrees to take responsibility for payment of all expenses and all debt in regard to said vehicle. Husband will execute a Power of Attorney on the same day as the date of this Agreement providing to Wife authority to transfer the 1997 Jeep Cherokee in her name only 5 when she receives the title from the lender. Wife shall pay ail costs related to transfer of the title; (b) Husband has received $1,701.00 and Wife has received $2,363.00 from the joint checking account at Allfirst Bank, account number 0088232180. Wife relinquishes and disclaims any and ail ownership, right, title and interest to the monies received by Husband. Husband relinquishes and disclaims any and ail ownership, right, title and interest to the monies received by Wife. (c) Wife relinquishes and disclaims any and all ownership, right, title and interest to Husband's savings account at Belco Federai Credit Union at the time of separation, and Wife agrees that Husband shall be and remain the sole and separate owner of same; (d) Wife relinquishes and disclaims any and all ownership, right, title and interest to Husband's checking account at Belco Federal Credit Union at the time of separation, and Wife agrees that Husband shall be and remain the sole and separate owner of same; (e) Husband relinquishes and disclaims any and all ownership, right, title and interest to Wife's marital and non-marital accounts at Members 1st Federal Credit Union at the time of separation, and Husband agrees that Wife shall be and remain the sole and separate owner of same; (f) Husband relinquishes and disclaims any and all ownership, right, title and interest to Wife's savings bonds received from Rite Aid 6 Corporation, and Husband agrees that Wife shall be and remain the sole and separate owner of same; (g) Husband relinquishes and disclaims any and ail ownership, right, title and interest to the parties' dog, known as Charlotte Swank Dew, and Husband agrees that Wife shall be and remain the sole and separate owner/proprietor of same; (h) Husband relinquishes and disclaims any and all ownership, right, title and interest to Wife's 401 (k) retirement flmds with Power Packaging, Inc., and with Prudential Investments, and Husband agrees that Wife shall be and remain the sole and separate owner of same; (i) Husband relinquishes and disclaims any and all ownership, right, title and interest to Wife's Individual Retirement Account (IRA) with Allfirst Bank, and Husband agrees that Wife shall be and remain the sole and separate owner of same; (j) Husband and Wife agree that, on the same day as the date that he signs this Agreement, Husband shall execute a Qualified Domestic Relations Order (QDRO) that shall enable Wife to rollover $30,000.00 from Husband's 401 (k) Quaker Oats Retirement Plan for Hourly Employees into a account held by Wife. Husband agrees that Wife shall be and remain the sole and separate owner of same. Wife agrees that Husband shall be and remain the sole and separate owner of all funds remaining in said 401(k) plan. In the event that the said rollover of $30,000.00 is 7 not accomplished by the QDRO Plan Adminislrator within forty (40) days from the execution of said QDRO and its approval by the Cumberland County Court of Common Pleas, husband shall immediately provide $30,000.00 in cash to wife. (k) Household goods, contents, furniture and furnishings that were located in the marital home have been divided by the parties to the mutual satisfaction of the parties. Among the items in the possession of Wife are: her bed, all plates, cups, table and chairs, china cabinet and contents, 1 of 2 night stands and a dresser, aforementioned purchased by Wife prior to marriage, and a washer/dryer, a power lawn mower, a TV and stand, two VCR's, silverware, pots and pans, a deep freezer and partial contents, a chair received from her aunt and uncle, a comer curio cabinet, a desk, desk top computer, digital camera, canned goods, a porch table with matching chairs received from her grandparents, and a small window air conditioner. Among the items in the possession of Husband are: his bed and a dresser purchased by husband prior to marriage, two TV's and two stands, canned goods, pots and pans, new laptop computer, printer, small kitchen appliances, small kitchen china cabinet, a VCR, a 5-dise CD player, home theater system, grill, wooden porch swing, porch lounge chairs, tools (electric, hand tools, power tools, and table saw), refrigerator/freezer and contents, stove, large sectional couch, two single beds, a small dresser, all collectible 8 NASCAR memorabilia, two hand-held scanners with headphones, one large window air conditioner, and the other night stand purchased by Wife prior to marriage. Husband relinquishes and disclaims any and all ownership, right, title and interest to items in the possession of Wife and agrees that Wife shall be and remain the sole and separate owner of seine. Wife relinquishes and disclaims any and all ownership, right, title and interest to items in the possession of Husband and Wife and agrees that Husband shall be and remain the sole and separate owner of same; (I) Husband and Wife have divided their personal effects and possessions to their mutual satisfaction. At noon on the Saturday following the date of this Agreement, Wife's father will pick up at Husband's house any personal affects of Wife still remaining there[ and Husband will haveV: ~, them packed and ready to go. Husband relinquishes and disclaims and all ownership, fight, title and interest to personal effects and possessions in the possession of Wife and agrees that Wife shall be and remain the sole and separate owner of same. Wife relinquishes and disclaims any and all ownership, right, title and interest to personal effects and possessions in the possession of Husband and agrees that Husband shall be and remain the sole and separate owner of same; 9 (m) Husband and Wife agree that all debts incurred by Wife, including any and all brought into the marriage by Wife, shall be and remain the sole responsibility of Wife; (n) Husband and Wife agree that all debts incurred by Husband, including any and all brought into the marriage by Husband, shall be and remain the sole responsibility of Husband; (o) Husband and Wife agree that neither party shall make any claim in regard to non-marital property of the other party including non-marital property specified in paragraph 4(o), above. 6. EQUITABLE PROPERTY. This Agreement constitutes an equitable division of the parties' marital property. The parties have determined that the division of this property conforms with regard to the rights of each party. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 7. INCOME TAX RETURN. In the event that any federal income tax is owed for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall pay fifty percent (50%) of the amount owed. In the event that any federal income tax refund is due for any years in which a joint federal income tax return was filed prior to the execution of this agreement, the parties hereby agree that each shall be entitled to an amount equal to fifty percent (50%) of the total refund due. 10 8. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in Paragraph 5, above, each of the parties hereto covenants and agrees to assume full responsibility for and to pay all debts and obligations of whatsoever kind or nature incurred individually by that party prior to the day and date of this Agreement, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debts and obligations from and al~er the date hereof. 9. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may hereafter own and enjoy, independently of any claims or rights of the other, all items of personal and real property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively in all respects and for all purposes as though he or she were unmarried. 10. MUTUAL RELEASES. The parties acknowledge that under prevailing Pennsylvania law they each have certain possible fiscal rights, including but not limited to the following: spousal support, alimony pendente lite in the event ora divorce, permanent alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in the event of a divorce, and equitable distribution of marital property. It is the intention of the parties hereto that all of the foregoing rights and remedies, with the exception of those otherwise provided in this Agreement, are hereby waived and forever released and that this Agreement shall have the effect of a final Order of Court relieving each party of the obligation to the other for any and all of the foregoing possible rights and remedies. The parties have effected 11 an equitable dislribution of their marital property and neither will seek further disUibution by any action at law or in equity. 11. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. Should a decree, judgment or order of separation or divorce be obtained by either of the pmlies in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall be incorporated in but shall not be merged into a decree, judgment, or order of divoree or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof shall be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to forever binding and conclusive upon the parties. 12. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby covenants and agrees with the other party not to make, incur or attempt to make or incur any debt or obligation for or on behalf of the other party hereto, or for which 12 the other party may be held liable, from and after the date hereof, and each of the parties hereto hereby covenants and agrees to indemnify the other party and save him or her harmless from all liability or claim on account of said debt or obligations from and at, er the date hereof. 13. TERMINATION OF PRIOR ORDER OF COURT. At the time of execution of this agreement, Affidavits of Consent, Waivers of Notice, and a Qualified Domestic Relations Order for the purposes of transferring funds from the Husband's Quaker 401(k) Plan for Hourly Employees, Wife agrees to execute a joint motion by the par~ies or to concur in a motion by Husband requesting termination of the Order of Court of the Honorable .I. Wesley Oler, Sr., dated April 15, 2002, and all prior orders that provide injunctive relief in regard to this ca. se. or violations of said orders of court that occurred or may have occurred so long as husband provides for the transfer of funds as provided in paragraph 5(j), above. In the event that this provision is violated, Wife shall reimburse Husband for all legal fees related to Husband's defense and any fines or penalties imposed by the Court. 14. WAIVER OF ALIMONY) SPOUSAL SUPPORT) ALIMONY PENDENTE LITE. The parties acknowledge that each has income and assets satisfactory to meet his or her own reasonable needs. Each party waives any claim he or she may have against the other for alimony, spousal suppor~ or alimony pendente lite. Upon the execution and delivery of this Agreement, along with a Consent to the divorce by husband and an executed Power of Attorney empowering wife to 13 transfer title to the said 1997 Jeep Vin #1J4FJ27S7VL563640, husband shall be relieved of any and all further obligation to provide support to wife. To that end, wife shall execute a letter or an agreement, at the time of execution of this Agreement, that shall direct the Domestic Relations Office to immediately discontinue its collection of support in behalf of wife, inzl~:'~!ng ~_~' -_.'~.~:: ~ t~ ~y o'.:,~i be ~,wr.d by im~bm~d. Further, domestic relations shall be directed to return any funds that it has in its possession for wife, and wife agrees to return to husband any payments that she may receive as support subsequent to the ~//~ execution of this Agreement~ ~/6/~uff.~,~r-~.- /r~z~ ff~/,~4~r~,~v4~ff,l~, 15. OTItER DOCUMENTS. Each of the parties hereto shall, from time to time, at the request of the other party, through counsel, execute, acknowledge and deliver unto said other party any and all further documents or instruments which may be reasonably required to give full force and effect to the terms and provisions of this Agreement. 16. DIVORCE. This Agreement shall not be construed to affect or bar the right of either Husband or Wife to an absolute divorce on legal and truthful grounds as they now exist or may hereafter arise. 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 occurred prior to or which may occur subsequent to the date hereof. It is understood, however, that Wife will pursue an action in divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania, on the grounds that the marriage is irretrievably broken, and that 14 both parties agree to execute and file the appropriate affidavits of consent necessary to complete said action in divorce on the basis of mutual consent. Failure to file Husband's affidavit of consent and waiver of notice within five (5) days of its execution and receipt by Wife's attorney, or withdrawal of this affidavit shall render this agreement null and void. 17. SEVERABILITY. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement, and if any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, all other provisions shall nevertheless continue to be in full force and effect. 18. BREACH OF AGREEMENT. In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including but not limited to, court costs and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 19. LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree that they have had ample and sufficient time to carefully and fully review the terms and provisions of this Agreement and to seek and obtain the advice and counsel of an attorney with respect to the same. Wife has engaged the services of Carol J. Lindsay, Esquire, and Husband has engaged the services of G. Patrick 15 O'Connor, Esquire, and each party has carefully reviewed the terms and conditions of this Agreement with his or her respective counsel. Both parties covenant and agree that they fully understand the facts upon which this Agreement is premised and based, that they believe this Agreement to be fair and equitable, that said Agreement is being entered into freely and voluntarily by each of them, and that the execution ofthis Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 20. INTEGRATION. This Agreement constitutes the entire understanding between the parties and supersedes any and all prior agreements and negotiations between them. Both par~ies further agree that there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those contained herein. 21. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding upon the parties hereto and their respective heirs, executors, administrators and assigns. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. 16 WITNESSETH: William II. Dew Denise M. Dew 17 COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On this, the ~ day of~a~l~.d~, 2002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared WILLIAM H. DEW, known to me (or satisfactorily proven) to be the person described in the foregoing insmimcnt~ and acknowledged that he executed the same for the purposes ~ contained. IN WITNESS WHEREOF, I hereunto se! my hand and official seal. ~o?~ ~ I Notary Public Lower .Mien Twp., Cumbedm~ Courtly [ My Commi~ ~ .'~u;. ~. ~(X)S I COMMONWEALTH OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND ) On this, the day of ,2002, before me, a Notary Public in and for the state and county aforesaid, the undersigned officer, personally appeared DENISE M. DEW, known to me (or satisfactorily proven) to be the person described in the foregoing instrument, and acknowledged that she execuled the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (SEAL) Notary Public D~iso M. Dim,, : In I1~ CoI~ of Common Pleas Plailaiff : ~b~l~d ~ty, P~mylv~ : v. : Civil A~i~ - Law : No. 21-3293 WiI~ H. ~w. : ~mt : ; ~ Di~ ADDENDUM TO MARITAL SETTLEMENT AGREEMENT The patties h~ ~ to amend their Separation and Property Scttlem~it ABroemant ofNovcmbm- l 1, 2002 in the followin~ regard: 1. With relpug to Para~aph $ (1) of thc Agreemcnt Husband avers Ihat he has no ~opies of vidoo~p~ ofWife refcrenced in t~h $ (I). In thc event that Husband discovers su~ videotape, he will immediately desh-oy it. And/n an), oase, Husband will n~t publish nor cause to bc published any of the coritents of said vidootapc. Xn the even! that Husband publishes or causes to be publishcd in any mcdia any portion of such videotape, he will pay thc Wffc five thott,~,~d ~md 00/100 ($:~,000.00) dollars of liquidated damases Ar a br~oh ot'her ptivitoy. DENISE M. DEW : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : NO. 01-3293 CIVILTERM WILLIAM H. DEW, : Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) .... ,.,,., of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certificate of service filed June 18. 2001. 3. (Complete either paragraph (a) or (b)). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiff January 23, 2003; by the Defendant January 17, 2003. (b) ~ n~*~ ~ ...... ,~_. C~ ,kc ~C).,.!L~.C .~.,,,.;~ .... ;.... k,, (2) Dot= cf .... ;... ,.~,,.,. p!c!.=t!.~, c -m.,,...;, ~pc.~ thc 4. Related claims pending: NOne 5. Complete either (a) or (b). (a) n,.*,, .,,,, ...... c' ....;"" ~ '"- -~';"-. :' ...;"*""°;"" pmoc.~. .................. , - w,., ..................... (b) Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with SAIDIS SHUFF, FLOWER the Prothonotary: January 28, 2003 & LINDSAY ATI~AT~LAW 26 w..l~ sm Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Cadllde, PA Prothonotary: January 28, 2003 _ arol'=J:. Lindsay, Attomey,IDr Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ST~.TE Of PENNA. DENIS~ M. D~W, Plaintiff NO. 01-3293 CIVIL TE~M VERSUS IN DIVO~CF- WILLIAM H. DEW~ Defendant DECREE IN DIVORCe AND NOW, F~; ~,{:-~J~ ~ , ~_o~_~, IT is ORDERED AND ~NISE M. DEW DECREED THAT __, PLAINTIFF, AND WILLIAM H. DEW __. DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH hAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT Yet BEEN ENTERED; NONE. The terms of the Separation and Property Settlement Agreement dated October 15, 2002, and the Addendum thereto dated January 29, 2003, are incorporated but not merged into this Decree in Divorce. PROTHONOTARY