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HomeMy WebLinkAbout01-4888JOHN E. McCANNA, Plaintiff LONNI K. McCANNA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW 1N 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 custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: (717) 249-3166 JOHN E. McCANNA, Plaintiff LONNI K. McCANNA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is John E. McCanna, who currently resides at 84 Victory Church Road, Gardners, Cumberland County, Pennsylvania, since 1990. 2. Defendant is Lonni K. McCanna, who currently resides at 84 Victory Church Road, Gardners, Cumberland County, Pennsylvania, since 1990. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on October 22, 1981, in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. John E. McCanna, Plaintiff By: _ · Rominger, Esquire Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 717.241.6070 · 800.734.0490 · FAX: 717.241.6878 www. romingerlaw, com· law~lomlngerlaw, com 1 55 South Hanover Street 1. North Main Street Carlisle, Pennsylvania 1 701 3 Chambersburg, Pennsylvania 1 7201 JOHN E. McCANNA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW LONNI K. McCANNA, Defendant - IN DIVORCE ~TIpULATION AND AGREEMENT AND NOW, this 4~/~3L._ day of ~Oj,~,tjL ,2002, the parties agree as follows: I_.. Identifying_ Information, 1. The Participant is John E. McCanna. (Hereinafter referred to as "participant"). 2. The Participant's social security number is 189-38-7933- 3. The participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee")· 5. The Alternate Payee's social security number is 267-06-4350· 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 17013. 7. The Alternate Payee's date of birth is December 1,1952. 8. The parties were married on October 22, 1982, and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. 9. This Order and Stipulation applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. I f i' i p 'ci ' t : RE I T 10. The Alternate Payee shall be entitled to a portion of the Partic'pant s vested accrued benefits under the plan. 11. The Alternate Payee shall receive a benefit equal to ,50% of the Participant's vested account balance as of the Plan valuation date immediately following October 2,5, 2001. 12. The Alternate Payee shall be treated as the participant's surviving spouse under the Plan. In the event that the participant dies prior to the Earliest Retirement Age, the survivor benefit shall be paid to the A~ternate Payee. In the event the participant dies affer benefits have commenced, the survivorship shall be paid to the Alternate Payee. if the participant has remarried, his current spouse will not be entitled to any benefits from the Plan. The participant shall elect at 100% joint and survivor annuity with the Alternate Payee. The survivor benefit is calculated with reference to the anticipated life expectancy of the Alternate Payee. It is recogn zed that the parties may need to provide certain information to 13. o .... -' "'";ce or the Alternate Payee so requests, the Participant the Fund Office. ttne ~-unu ,-,,, will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. Day of ~"~:)~/-~ , 200___~ by: Agreed this ,, - . ~- ~h~E. McCanna, Plaintiff -- [ohni K.~ ~ '- McC'~nna, Defendant JOHN E. McCANNA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LONNI K. McCANNA, Defendant : CIVIL ACTION- LAW : IN DIVORCE STIPULATION AND AGREEMENT AND NOW, this ,~/5~/~ day of J.'~~ ,2002, pursuant ,o the marriage settlement agreement and stipule{ion entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: I. Identify_in~_ Information. 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant") who is has a retirement income plan with Central Pensylvania Teamsters. 2. The Participant's social security number is 189-38-7933. 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). 5. The Alternate Payee's social security number is 267-06-4350. 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 17013. 7. The Alternate Payee's date of birth is December 1,1952. 8. The parties were married on October 22, 1982, and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. This Order and Stipulation applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II. Method of Dividing the Partici_~ant's Benefits. 9. The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. a. The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the Plan valuation date mmediately following October 25, 2002. 10. The fund shall separately account for the benefits awarded in Paragraph 9 as soon as administrable after this Order is determined to be a QDRO. 11. The Alternate Payee may elect to receive payment from the Plan in any form which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity.) 12. The Alternate Payee may select a beneficiary to receive his or her benefits in the event the Alternate Payee should die prior to receiving all or his or her benefits by filing a beneficiary designation form with the Fund Office, In the event that the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 13. The Alternate Payee may elect to receive payment from the Plan atthe Participant's earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (I) the date on which the Participant is entitled to a distribution under the plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date which the Participant could begin receiving benefits under the Plan if the Participant separated from service. II. t r vlsi n . 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 16. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. Agreed this ~ ~' ~'~ Day of WITNESS W~T~E S S ~hn E. McCanna, Plaintiff Lonhi K. McCanna, Defendant JOHN E. McCANNA, Plaintiff Vo LONNI K. McCANNA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW i a. o / - er. IN DIVORCE 1. On December 4, 2001, this Court entered its Decree dissolving the marriage of the parties. 2. This Stipulation and Order is intended to constitute a Qualified Domestic Relations Order under Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and Section 414(p) of the Internal Revenue Code of 1986, as amended. This Order supersedes ail previously filed Orders in this matter relating to this subject. 3. John E. McCanna, (hereinafter referred to as "Participant") the Plaintiffin this case, is a Participant in the GPS Transportation, Inc. Et. AI.401(k) Plan (hereinafter referred to as "The Plan"). 4. It has been determined by this Court that Lonnie K. McCanna, (hereinafter after referred to as "Alternate Payee") under this Order is entitled to a certain portion of the Participant's benefits under the Plan, in as much as this Order related to the provision of child support, alimony payments, or marital property fights to an Alternate Payee pursuant to the Domestic Relations Law of this jurisdiction. 5. The name, address, date of birth, and social security number of each of the parties is as follows: Name Address .D_a/g_q f~ $~1# John E. McCanna Lonni K. McCanna 321 Garland Drive Carlisle, Pa. 17013 4/25/52 189-38-7933 316 McCallister Church Rd 12/1/52 267-06-4350 Carlisle, Pa. 17013 6. The Alternate Payee is entitled to receive and is irrevocably assigned 50% of the Participant's vested benefits under the Plan. Ifa percentage is specified, the percentage is to be applied to the Participant's total vested account balance excluding any outstanding loans. In no event will the amount assigned exceed the participant's total vested account balance excluding any outstanding loan balance. 7. This Order applied to Participant's vested benefits under the Plan as of October 25, 2001, (called the "date of division"). The amount assigned to the Alternate Payee will not be increased or decreased to reflect its share of any investment earnings or losses credited to the Participant's Account between the date of division and the date of distribution. The Alternate Payee shall have no rights in or to the portion of the Participant's interest in the Plan not assigned by this Order, or to any contributions or loan repayments allocated to the Participant's Account after the date of division. 8. The entire amount described in numbers 1 and 2 above shall be available to the Alternate Payee on or after the Participant's attainment of his earliest retirement age, within the meaning of the Internal Revenue Code Section 414(p). However, if the Plan so provides, such amount shall be instead available pursuant to plan procedures as if the participant terminated employment and would have been eligible under the terms of the plan to receive a lump sum distribution upon termination of employment, in which case such amount shall be available as soon as practical, on or after the effective date of the plan administrator's determination that this Order is a Qualified Domestic Relations Order using the most recently determined value. The lump sum distribution will be pro-rata by types of accounts and investment options. 9. Notwithstanding anything in this Order to the contrary, the Plan shall not be required to: a. Provide the Alternate Payee with increased benefits; b. Pay benefits to the Alternate Payee which are required to be paid to another Alternate Payee under a previous domestic relations order previously determined by the Plan to be a Qualified Domestic Relations Order; c. Provide any type of form of payment or option not otherwise provided under the Plan. Agreed this 15~Q-/S7L Dayof WITNESS o~E. McCanna, Plaintiff Lorini K. Mccanna, Defendant JOHN E. McCANNA, Plaintiff · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA LONNI K. McCANNA, Defendant : CIVIL ACTION- LAW 0/- :IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER REGARDING PLAINTIFF'S RETIREMENT INCOME PLAN AND NOW, this 2o* day of ~/o ,,') ,2002, pursuant to the marriage settlement agreement and stipulation entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: I, Identify_ inp Information. 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant") who is has a retirement income plan with Central Pensylvania Teamsters. 2. The Participant's social security number is 189-38-7933. 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). 5. The Alternate Payee's social security number is 267-06-4350. 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 17013. 7. The Alternate Payee's date of birth is December 1,1952. 8. The parties were married on October 22, 1982 and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. II, Method of Dividing the Partici_~ant's Benefits. 9. The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. a. The Alternate Payee shall receive a benefit equal to 50% of the qdro2.wpd - teamsters Participant's vested account balance as of the Plan valuation date immediately following October 25, 2002. 10. The fund shall separately account for the benefits awarded in Paragraph 9 as soon as administrable after this Order is determined to be a QDRO. 11. The Alternate Payee may elect to receive payment from the Plan in any form which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity.) 12. The Alternate Payee may select a beneficiary to receive his or her benefits in the event the Alternate Payee should die prior to receiving all or his or her benefits by filing a beneficiary designation form with the Fund Office. In the event that the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 13. The Alternate Payee may elect to receive payment from the Plan atthe Participant's earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (I) the date on which the Participant is entitled to a distribution under the plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date which the Participant could begin receiving benefits under the Plan if the Participant separated from service. r vi i . 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 16. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. JOHN E. McCANNA, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA LONNI K. McCANNA, Defendant : CIVIL ACTION - LAW : A..),D,, O/ : IN DIVORCE STIPULATION AND AGREEMENT ANDNOW, this ~,/:5pr'' dayof ~),,/'Z~ ,2.002, p.u. rsuant..to the marriage settlement agreement and stipule[ion entered and execu[ed by me pames, it is therefore ordered, adjudged, and decreed as follows: I, Identifyin_~ Information. 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant") who is has a retirement income plan with Central Pensylvania Teamsters. 2. The Participant's social security number is 189-38-7933. 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). 5. The Alternate Payee's social security number is 267-06-4350. 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 17013. 7. The Alternate Payee's date of birth is December 1,1952. 8. The parties were married on October 22, 1982, and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. This Order and Stipulation applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II, Method of Dividina the Parfici_~ant's Benefits. 9. The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. a. The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the Plan valuation date immediately following October 25, 2002. 10. The fund shall separately account for the benefits awarded in Paragraph 9 as soon as administrable after this Order is determined to be a QDRO. 11. The Alternate Payee may elect to receive payment from the Plan in any form which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity.) 12. The Alternate Payee may select a beneficiary to receive his or her benefits in the event the Alternate Payee should die prior to receiving all or his or her benefits by filing a beneficiary designation form with the Fund Office. In the event that the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 13. The Alternate Payee may elect to receive payment from the Plan atthe Participant's earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (I) the date on which the Participant is entitled to a distribution under the plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. her rovi ion . 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 16. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. Agreedthis ~;~--~ ~"~- Dayof ~)~~ ,200._~: WITNESS W~.T-~E S S ~/~.,~ohn E. McCanna, Plaintiff Lonhi K. McCa'nna, Defendant JOHN E. McCANNA, Plaintiff LONNI K. McCANNA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 1N DIVORCE AND NOW, this ::l'o · day of ~, ~! ,2002, pursuant to the marriage settlement agreement and stipulation entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: 1. This Order is intended to constitute a Qualified Domestic Relations Order under Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and Section 414(p) of the Internal Revenue Code of 1986, as amended. This Order supersedes all previously filed Orders in this matter relating to this subject. 2. The Alternate Payee is entitled to receive and is irrevocably assigned 50% of the Participant's vested benefits under the Plan. Ifa percentage is specified, the percentage is to be applied to the Participant's total vested account balance excluding any outstanding loans. In no event will the amount assigned exceed the participant's total vested account balance excluding any outstanding loan balance. 3. This Order applied to Participant's vested benefits under the Plan as of October 25, 2001, (called the "date of division"). The amount assigned to the Alternate Payee will not be increased or decreased to reflect its share of any investment earnings or losses credited to the Participant's Account between the date of division and the date of distribution. The Alternate Payee shall have no rights in or to the portion of the Participant's interest in the Plan not assigned by this Order, or to any contributions or loan repayments allocated to the Participant's Account after the date of division. 4. The entire amount described in numbers 1 and 2 above shall be available to the Alternate Payee on or after the Participant's attainment of his earliest retirement age, within the meaning of the Internal Revenue Code Section 414(1)). However, if the Plan so provides, such amount shall be instead available pursuant to plan procedures as if the participant terminated employment and would have been eligible under the terms of the plan to receive a lump sum distribution upon termination of employment, in which case such amount shall be available as soon as practical, on or after the effective date of the plan administrator's determination that this Order is a Qualified Domestic Relations Order using the most recently determined value. The lump sum distribution will be pro-rata by types of accounts and investment options. qdml.wpd-GPS. to: 5. Notwithstanding anything in this Order to the contrary, the Plan shall not be required a. Provide the Alternate Payee with increased benefits; b. Pay benefits to the Alternate Payee which are required to be paid to another Alternate Payee under a previous domestic relations order previously determined by the Plan to be a Qualified Domestic Relations Order; c. Provide any type of form of payment or option not otherwise provided under the Plan. BY THE COURT: JOHN E. McCANNA, Plaintiff LONNI K. McCANNA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :Ha.O/ : IN DIVORCE 1. On December 4, 2001, this Court entered its Decree dissolving the marriage of the parties. 2. This Stipulation and Order is intended to constitute a Qualified Domestic Relations Order under Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and Section 414(p) of the Internal Revenue Code of 1986, as amended. This Order supersedes ail previously filed ordem in this matter relating to this subject. 3. John E. McCanna, (hereinafter referred to as "Participant") the Plaintiff in this case, is a Participant in the GPS Transportation, Inc. Et. A1.401(k) Plan (hereinafter referred to as "The Plan"). 4. It has been determined by this Court that Lonnie K. McCamm, (hereinafter after referred to as "Alternate Payee") under this Order is entitled to a certain portion of the Participant's benefits under the Plan, in as much as this Order related to the provision of child support, alimony payments, or marital property rights to an Alternate Payee pursuant to the Domestic Relations Law of this jurisdiction. 5. The name, address, date of birth, and social security number of each of the parties is as follows: Date of Birth S$# John E. McCanna 321 Garland Drive 4/25/52 Carlisle, Pa. 17013 Alternate Payee: Lonni K. McCanna 316 McCallister Church Rd Carlisle, Pa. 17013 12/1/52 189-38-7933 267-06-4350 6. The Alternate Payee is entitled to receive and is irrevocably assigned 50% of the Participant's vested benefits under the Plan. If a percentage is specified, the percentage is to be applied to the Participant's total vested account balance excluding any outstanding loans: In no event will the amount assigned exceed the participant's total vested account balance excluding any outstanding loan balance. 7. This Order applied to Participant's vested benefits under the Plan as of October 25, 2001, (called the "date of division"). The amount assigned to the Alternate Payee will not be increased or decreased to reflect its share of any investment earnings or losses credited to the Participant's Account between the date of division and the date of distribution. The Alternate Payee shall have no fights in or to the portion of the Participant's interest in the Plan not assigned by this Order, or to any conh--ibutions or loan repayments allocated to the Participant's Account after the date of division. 8. The entire amount described in numbers 1 and 2 above shall be available to the Alternate Payee on or after the Participant's attainment of his earliest retirement age, within the meaning of the Internal Revenue Code Section 414(p). However, if the Plan so provides, such amount shall be instead available pursuant to plan procedures as if the participant terminated employment and would have been eligible under the terms of the plan to receive a lump sam distribution upon termination of employment, in which case such amount shall be available as soon as practical, on or after the effective date of the plan administrator's determination that this Order is a Qualified Domestic Relations Order using the most recently determined value. The lump sum distribution will be pro-rata by types of accounts and investment options. 9. Notwithstanding anything in this Order to the contrary, the Plan shall not be required to: a. Provide the Alternate Payee with increased benefits; b. Pay benefits to the Alternate Payee which are required to be paid to another Alternate Payee under a previous domestic relations order previously determined by the Plan to be a Qualified Domestic Relations Order; c. Provide any type of form of payment or option not otherwise provided under the Plan. Agreed this (TQm/S7l~ Dayof WITNESS o~E. McCanna, Plaintiff [ c~' K. McCauna, l~)efendant JOHN E. McCANNA, Plaintiff LONNI K. McCANNA, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW o/- · IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER REGARDING PLAINTIFF'S DEFINED BENEFIT PLAN AND NOW, this ,3~' day of ~,,'~ ,2002, pursuant to the marriage settlement agreement and stipulation entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: I. Identi~ina_ Information. 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant"). 2. The Participant's social security number is 189-38-7933. 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). 5. The Alternate Payee's social security number is 267-06-4350. 6. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. 17013. 7. The Alternate Payee's date of birth is December 1,1952· 8. The parties were married on October 22, 1982, and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. 9. This Order and Stipulation applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. qdro3.wpd - teamsters II. Method of Dividinp the Partici_~ant's Benefits: SHARED INTERE,~T. 10. The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the plan. 11. The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the Plan valuation date immediately following October 25, 2001. 12. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan. In the event that the Participant dies prior to the Earliest Retirement Age, the survivor benefit shall be paid to the Alternate Payee. In the event the Participant dies after benefits have commenced, the survivorship shall be paid to the Alternate Payee. If the Participant has remarried, his current spouse will not be entitled to any benefits from the Plan. The Participant shall elect at 100% joint and survivor annuity with the Alternate Payee. The survivor benefit is calculated with reference to the anticipated life expectancy of the Alternate Payee. III. er r vi i . 13. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. //~ ~~ ~t.~ BYTHE COURT JOHN E. McCANNA, Plaintiff V. LONNI K. McCANNA, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA 6. 17013. 7. · CIVIL ACTION - LAW · IN DIVORCE 9. This Order and Stipulation applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. 8. The parties were married on October 22, 1982, and divorced on December 4, 2001. The parties entered into a marriage settlement agreement regarding the equitable distribution of marital property on October 25, 2001. The Alternate Payee's date of birth is December 1,1952· STIPULATION AND AGREEMENT AND NOW, this C~//,.~'/'--day of ~Y~ , 2002, the parties agree as follows: I. Idenfifyin_~ Information. 1. The Participant is John E. McCanna. (Hereinafter referred to as "Participant"). 2. The Participant's social security number is 189-38-7933· 3. The Participant's address is: 321 Garland Drive, Carlisle, Pa. 17013. 4. The Alternate Payee is Lonni K. McCanna. (Hereinafter referred to as "Alternate Payee"). The Alternate Payee's social security number is 267-06-4350. The Alternate Payee's address is: 316 McCallister Church Road, Carlisle, Pa. II. Method of Dividing_ the Participant's Benefits: SHARED INTEREST. 10. The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the plan. 11. The Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the Plan valuation date immediately following October 25, 2001. 12. The Alternate Payee shall be treated as the Participant's surviving spouse under the Plan. In the event that the Participant dies prior to the Earliest Retirement Age, the survivor benefit shall be paid to the Alternate Payee. In the event the Participant dies after benefits have commenced, the survivorship shall be paid to the Alternate Payee. If the Participant has remarried, his current spouse will not be entitled to any benefits from the Plan. The Participant shall elect at 100% joint and survivor annuity with the Alternate Payee. The survivor benefit is calculated with reference to the anticipated life expectancy of the Alternate Payee. III. Other _~rovisions. 13. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necesssary to establish their eligibility for benefits. 14. This Order is intended to constitute a qualified domestic relations order within the meaning of section 414(p) of the Internal Revenue Code of 1986, as amended and secion 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 15. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. Agreed this c~//~,~ Day of /'~)~ ~-- ~ ~: ,200 (:~ by: ///~J~"-hr~ E. McCanna, Plaintiff JOHN E. McCANNA, Plaintiff LONNI K. McCANNA, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW 'IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER REGARDING PLAINTIFF'S RETIREMENT INCOME PLAN AND NOW, this ~ ~/" day of ~ ~ ,200~, pursuant to the marriage settlement agreement and stipulation entered and executed by the parties, it is therefore ordered, adjudged, and decreed as follows: Paragraph 9a. Of the previous order regarding the Teamsters' Retirement Income Plan DRO, in this case is amended to state that the Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the plan valuation date immediately following October 25, 2001. BY THE COURT JOHN E. McCANNA, Plaintiff LONNI K. McCANNA, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN DIVORCE STIPULATION Paragraph 9a. Of the previous order regarding the Teamsters' Retirement Income Plan DRO, in this case is amended to state that the Alternate Payee shall receive a benefit equal to 50% of the Participant's vested account balance as of the plan valuation date immediately following October 25, 2001. Agreed this Day of ,200 by: ~;~ohn E. McCanna, Plaintiff NESS