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HomeMy WebLinkAbout04-5421Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA'TD No. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RENEE M. WENDEKIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW FREDERICK J. WENDEKIER, 04 - 5Ya/ CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against you and a decree in 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 with 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 Courthouse, Carlisle, Pennsylvania. 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 BY ? C Andrew C. Sheely, uire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Shealy, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PAID NO. 62469 717-697-7050 (Phone) 717-697-7065 (FaX) RENEE M. WENDEKIER, Plaintiff VS. FREDERICK J. WENDEKIER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - CIVIL TERM IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is RENEE M. WENDEKIER, an adult individual who currently resides at 523 Third Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is FREDERICK J. WENDEKIER, an adult individual who resides at 414 Fairway Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fida residents of the commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 13, 1979 in Patton, Cambria County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. 8. The marriage between the parties is irretrievably broken. 9. This action is not collusive. 10. The parties separated on or about March 20, 2004. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. COUNT II. CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. The allegations in Paragraphs 1 through and including 10 are incorporated herein and made a part hereof. 12. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts, retirement accounts, retirement assets and insurance policies acquired during their marriage. 13. Plaintiff and Defendant are the owners of real property acquired during their marriage. 14. Plaintiff and Defendant have acquired various marital debt during the period of their marriage. WHEREFORE, Plaintiff requests your Honorable Court equitably distribute the parties marital property, including marital debt, and including any such further relief as the Court may determine equitable and just. 2 COUNT III. ALIMONY, ALIMONY PENDENTE LITE 15. The allegations in Paragraphs 1 through and including 10 are incorporated herein and made a part hereof. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. Wherefore, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. Respectfully submitted, Date: October 27, 2004 Andrew C. Sheely, Esquire Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: October, 7, 2004 \ 9Jn Re e M. Wendekier Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RENEE M. WENDEKIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW FREDERICK J. WENDEKIER, 04 - CIVIL TERM Defendant IN DIVORCE AFFIDAVIT Renee M. Wendekier, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. (2) I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Re ee M. Wendekier c O ? d n N O Him c?, ? , tv ?m ?7 cn cr? RENEE M. WENDEKIER, Plaintiff, vs FREDERICK J. WENDEKIER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 5421 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance for the Defendant, Frederick J. Wendekier in the captioned matter. Date: November 2, 2004 Ra?rmo J. We ekier, Esquire Attorney for Defendant 306- Magee Avenue Patton, PA 16668 Supreme Court ID# 15131 Telephone # (814) 674-5991 L7?I - TI - r r,.. rrt ? ? N ? Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-597-7050 (Phone) 717-597-7065 (Fax) RENEE M. WENDEKIER, Plaintiff VS. FREDERICK J. WENDEKIER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 5421 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Raymond J. Wendekier, Esquire, hereby accept service of the divorce complaint on behalf of Frederick J. Wendekier, Defendant, and further certify that I am authorized to do so in accordance with PA. R.C.P No. 402 (b). Date: b4 ?v4 p r- } , 2004 Ray nd J. ndekier, Esquire C=1 : fir,-_ _" •? - °- :ND ¢? t ? i Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RENEE M. WENDEKIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW FREDERICK J. WENDEKIER, : 04 - 5421 CIVIL TERM Defendant/Respondent : : IN DIVORCE MOTION TO COMPEL DEFENDANT TO ANSWER INTERROGATORIES Plaintiff, Renee M. Wendekier, by and through counsel of Andrew C. Sheely, Esquire, hereby files this Motion to Compel Defendant Frederick J. Wendekier to answer Plaintiff's Interrogatories, and in support thereof respectfully states as follows: 1. Petitioner is Renee M. Wendekier, Plaintiff in the above- captioned divorce action. 2. Respondent is Frederick J. Wendekier, Defendant in the above-captioned divorce action. 3. The above-stated action for divorce includes related economic claims, including claims for equitable distribution of marital Property and Alimony. 4. On or about March 6, 2006, the Defendant, through counsel, Raymond J. Wendekier, Esquire, was served with an original and two (2) sets of written Interrogatories. A copy of the interrogatories is attached hereto as Exhibit "A". 5. On or about May 23, 2006, counsel for Plaintiff spoke with counsel for Defendant who advised that the Answers to the t t Interrogatories would be filed by June 1, 2006. 6. Answers to the Interrogatory requests have not been filed within thirty (30) days of service of such requests and answers to the interrogatories are necessary to move the case before the Cumberland County Divorce Master. 7. To date, Defendant has failed to serve Answers to the Interrogatories as advised by counsel for Defendant. 8. Defendant's failure to timely respond to the written interrogatories of Plaintiff prejudices Plaintiff in the preparation of her case and her ability to evaluate and respond to potential claims of Defendant which may be raised before the Divorce Master. 9. Defendant, after request of Plaintiff, has failed to comply with reasonable discovery requests. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter the following order; a. In accordance with PA R.C.P. No. 4019, Defendant is directed to Answer Plaintiff's Interrogatories forthwith, or in the alternative, prohibiting Defendant as a non-compliant party from introducing any evidence, documents or testimony, which would have been provided to Plaintiff in Answer's to the Interrogatories; and b. In accordance with PA R.C.P. No. 1920.33(d), Defendant is directed to Answer Plaintiff's Interrogatories forthwith, or in the alternative, barring Defendant from offering any testimony or introducing any evidence in support of or in opposition to claims 2 r t raised by Plaintiff, and prohibiting Defendant from presenting evidence in support of any and all claims which she intends to raise; and c. Granting Plaintiff the reasonable expenses, including attorneys fees incurred, in preparing and presenting this Petition and obtaining an Order of Court for compliance purposes; and d. Entering such further relief and granting such sanctions against Defendant as the Court may deem proper and just. Respectfully submitted, Date: June G , 2006 7 G(/V Andrew C. Sheely, uire Attorney for Plaintiff 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 - 697 - 7050 3 Exhibit "A" it 1• Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RENEE M. WENDEKIER, Plaintiff VS. FREDERICK J. WENDEKIER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 5421 CIVIL TERM IN DIVORCE INTERROGATORIES PROPOUNDED ON BEHALF OF PLAINTIFF TO DEFENDANT AND REQUEST FOR PRODUCTION OF DOCUMENTS FIRST SET TO: Frederick J. Wendekier, Defendant, and Raymond J. Wendekier F Attorney at Law 'COPY 306 Magee Avenue Patton, PA 16668 PLEASE TAKE NOTICE that you are hereby required pursuant to the Pennsylvania Rules of Civil Procedure, Rules 1930.5 (b), 4005 and 4006 to file the original and serve upon the undersigned a copy of your Answers and objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet clearly identified with reference to the questions being answered. These shall be deemed to be continuing interrogatories. If, between the time of your answers and the time of the Divorce Master's hearing in this case, you, or anyone acting in your behalf, learn of any further information not contained in these answers, you shall promptly furnish that information to the undersigned by supplemental answers. For questions that request Production of Documents, this request is made pursuant to Pa.R.C.P. No. 4009 and you are requested to produce a copy of the mentioned documents with the understanding that the undersigned shall reimburse you for copying cost. In the event you are unable to make a copy of the requested documents or items, please provide the mentioned items for inspection and copying at the office of Andrew C. Sheely, Esquire, 127 South Market Street, Mechanicsburg, Pennsylvania, within thirty (30) days from the filing of this request. DATE: March 6, 2006 Andrew C. Sheely, Esquire PA ID # 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (Fax) INSTRUCTIONS AND DEFINITIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. Whenever the word "identify" or "identity" is used in reference to a person, corporation or other entity, this means to state, if appropriate, his, hers or its full name, present address and business affiliation. I . y 1. EMPLOYMENT A. State the full name, date of birth, address and telephone number of each and every employer with whom you have worked for the past three (3) years: B. State fully your gross salary per hour, week or month with each and every employer within the past three (3) years, and provide a copy of evidence (W-2, 1099) of total earnings for the years 2004, 2005 and 2006: 2. DEBTS OWED TO YOU If any person, corporation, partnership, or any other entity owes you any money, state the name and address of the name and address of the debtor, the amount of debt and the date the obligation became due and owing. 3. PERSONAL PROPERTY If you own any furniture, household goods, jewelry, furs, artifacts, motor vehicles, boats, furniture, works of art, other personal property, state a complete description, the date of purchase of such item of personal and identify its present value: 4. OTHER INCOME Itemize the source, terms and amounts of all income benefits, cash and noncash, not already included in your Answers to any preceding Interrogatory, such as, but not limited to, pension plans, annuities, inheritances, retirement plans, Social Security benefits, lottery prizes, bank interest, dividends, and other asset. 5. Identify any and all liabilities or obligations of whatever nature, including a list of credit card accounts, that you may have, which are not disclosed in a prior Interrogatory, and for each, please state: A. The nature of the liability or obligation: B. Date acquired: C. The outstanding balance, if any: D. The account numbers: f f 6. List and identify all life insurance policies, including policy numbers and face amounts, in which you are the owner, insured, or beneficiary, and for each please state: 7. Please state any benefits not already listed in the preceding Interrogatory that you receive from each and every employer: 8. As to each checking, savings or investment account maintained by you or in which you had power of signature at the time of the separation, state the name and address of the banking or other financial institution, and the value in the account presently and the amount in the account as of the date of separation: 9. As to any and all savings accounts, certificates of deposit, money market funds, savings clubs, money market funds, savings certificates (all hereinafter called "Account") or similar items thereto, maintained by you or over which you had power of signature or any interest in, or deposited monies into, or withdrew monies from, currently and as of the date of separation, state the name and address of the banking or other financial institution, the value in the account presently and the amount in the account as of the date of separation: 10. Set forth a list of all stocks and bonds and the value of each, including U.S. savings bonds, securities, including but not limited to stocks, debentures, mortgages, treasury bills, mutual funds (hereinafter called "Security") owned, held, acquired, sold, exchanged, disposed of by you in the past year. 11. As to any real estate in which you now have or have had an interest during the marriage, whether individually, jointly, or otherwise, set forth: A. Its address: B. Purchase price: C. Name and address of grantor: D. Name and address of all holders of encumbrances; description of and amount of each encumbrance at date of acquisition of title: E. Whether any portion of purchase price is still due by way of note, bond, mortgage, or in any other manner; the amount yet owed: F. The fair market value of each parcel of real property. t 12. If not previously identified, identify each account, pension benefit, retirement plan, profit annuities, Keough plans or other investment plans accumulated any interest during marriage, whether retirement benefit presently exists and the value date of separation and at the current time. and every retirement sharing plan, IRA's, earned by you or which or not such pension or of asset as of the A. If such retirement account, savings plan or pension benefit exists, state the present value of such account and attach supporting documents to the extent such exist verifying such values. B. In the event such retirement account, savings plan or pension benefit was withdrawn, distributed, paid under penalty or liquidated during the course of marriage or during the separation period, state the amount of such distribution, payment, withdrawal and the value of such account when such was received. 13. What is the condition of your health? If you are suffering from any problems with your health, please state the nature of your problems and the names and addresses of you treating physicians, hospitals or other health care facility. r 14. Do you claim that any of the assets or property disclosed in your Answers to these Interrogatories is non-marital property? If you Answer is yes, please identify said assets of property, state the fair market value thereof, and state your basis for exclusion of each asset or property as your non-marital property. 15. Are you the owner of any joint accounts with any other person, other than Plaintiff? If your Answer is yes, please identify each joint account, the date it was created, the names of all joint owners and their respective interests. y? 1 r RENEE M. WENDEKIER, Plaintiff Vs. FREDERICK J. WENDEKIER, Defendant COMMONWEALTH OF PENNSYLVANIA COUNTY OF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 5421 CIVIL TERM IN DIVORCE AFFIDAVIT SS. Before me, a Notary Public in and for said Commonwealth and County, personally appeared FREDERICK J. WENDEKIER, who, being duly sworn according to law, deposes and says that he is the Defendant in the foregoing action and that the facts set forth in his said Answers are true and correct to the best of his knowledge, information and belief. Frederick J. Wendekier Sworn to and subscribed before me this day of , 2006. Notary Public My Commission Expires: tr i ? r AFFIDAVIT OF VERIFICATION I verify that the statements made in these Answers to Plaintiff's Interrogatories are true and correct to the best of my knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: Frederick J. Wendekier PREPARED BY: Raymond J. Wendekier Attorney at Law 306 Magee Avenue Patton, PA 16668 v CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Interrogatories Propounded On Behalf of Plaintiff to Defendant and Request for Production of Documents First Set upon the following named individual this day by depositing same in the United States Mail, First class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Raymond J. Wendekier Attorney at Law 306 Magee Avenue Patton, PA 16668 Date: March 6, 2006 Andrew C. Sheely, Esquire r . ? % ANDREW C. SHEELY Telephone: (717) 697-7050 ATTORNEY AT LAW 127 South Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 March 6, 2006 Raymond J. Wendekier Attorney at Law 306 Magee Avenue Patton, PA 16668 Fax: (717) 697-7065 RE: Wendekier v. Wendekier Cumberland County 04-5421 Dear Raymond: ;CQP'v Enclosed for service upon you please find an original and two (2) extra copies of Plaintiff's written interrogatories and request for documents. Should you have any questions, please advise. Very truly yours, ANDREW C. SHEELY ACS/bmk c: Renee M. Wendekier ANDREW C. SHEELY ATTORNEY AT LAW Telephone: (717) 697-7050 127 South Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 May 23, 2006 Raymond J. Wendekier Attorney at Law 306 Magee Avenue Patton, PA 16668 NCO F Fax: (717) 697-7065 RE: Wendekier v. Wendekier Cumberland County 04-5421 Dear Raymond: As a follow-up to our telephone conversation earlier today, you advised that you would be in a position to file and serve an Answer to the Interrogatories on or before June 1, 2006. I have been advised to move this case forward to a resolution. In light of the inability to reach an agreement of settlement as previously discussed, court intervention is now necessary. Along those grounds, I have prepared a Motion to Compel Answers to Interrogatories and am preparing a Motion for the appointment of the Cumberland County Divorce Master as the two (2) year separation period has now expired. In light of your indication that the Answer to the Interrogatories will be filed by June 1, 2006, 1 will withhold the filing of the Motion to Compel pending receipt of such answer in accordance with your representations. However, a draft copy of such motion has been prepared for filing if the answers are not filed as indicated. Thank you for your attention to this matter. Very truly yours, ANDREW C. SHEELY ACS/bmk Enclosures c: Renee M. Wendekier t ? CERTIFICATE OF SERVICE I, Andrew C. Sheely, hereby certify that I am this day serving the foregoing motion to Compel upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, addressed as follows: Raymond J. Wendekier Attorney at Law 306 Magee Avenue Patton, PA 16668 Date: June &, 2006 -- C 7 A.Adrew C. Sheely, s ire C-1 4 ca. cl1 zi ;-Ti 77, 55 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) FREDERICK J. WENDEKIER, : 04 - 5421 CIVIL TERM Defendant/Respondent : : IN DIVORCE VS. CIVIL ACTION - LAW JUN 0 7 x006 RENEE M. WENDEKIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff /Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA RULE TO SHOW CAUSE AND NOW, this ,- day of Qc-.--- , 2006, upon consideration of the allegations set forth in the attached Motion to compel Answers to written Interrogatories, a Rule is issued upon Defendant to show cause why he should not be required to file a written response to Plaintiff's Interrogatories. Rule Returnable within Z-0 days of service. BY THE COURT, -,<?6 , i,-- - J. .00mdrew C. Sheely, Esquire Attorney for Petitioner/Plaintiff .-aymond J. Wendekier, Esquire Attorney for Respondent/Defendant j 0 UI<< J j) 0 IN THE COURT OF COLON PLEAS OF CL^MERLAND COUNTY, PENNSYLVANIA Renee M. Wendekier IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. Frederick J. Wendekier ®+4 - 5421 IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Renee M. Wendekier (Plaintiff) moves the court to appoint a master with respect to the following claims: (X) Divorce (X ) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. Updated information has been requested. (2) The defendant (has) (-haz--a") appeared in the action (personally) (by his attorney, Raymond J. Wendekier Esquire). ) for divorce (is) (are) (3) The staturory groundLclk) 23 Pa. C.S.A. Section 3301 (c) (4) Delete the inapplicable paragraph(s): `- (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: Property Distribution, Alimony (5) The action () (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1 (days). motions pending 7? Acompel a&f* f crmati td 1 ovya relevant to the motion: Pr discovery requests. Date: June 21 , 2006 Attorney for (Plainti -) (B?4:^ ad ea -e ORDER APPOINTING MASTER .AND NOW Esquire, is appointed master with respect to the following claims: By the Court: J Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RENEE M. WENDEKIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW FREDERICK J. WENDEKIER, 04 - 5421 CIVIL TERM Defendant /?IV jN/G/LS? : I0 DIVORCE INTERROGATORIES PROPOUNDED ON BEHALF OF PLAINTIFF TO DEFENDANT AND REQUEST FOR PRODUCTION OF DOCUMENTS FIRST SET TO: Frederick J. Wendekier, Defendant, and Raymond J. Wendekier Attorney at Law 306 Magee Avenue Patton, PA 16668 PLEASE TAKE NOTICE that you are hereby required pursuant to the Pennsylvania Rules of Civil Procedure, Rules 1930.5 (b), 4005 and 4006 to file the original and serve upon the undersigned a copy of your Answers and Objections, if any, in writing and under oath, to the following Interrogatories within thirty (30) days after service of the Interrogatories. The Answers shall be inserted in the space provided. If there is insufficient space to answer an interrogatory, the remainder of the answer shall follow on a supplemental sheet clearly identified with reference to the questions being answered. These shall be deemed to be continuing interrogatories. If, between the time of your answers and the time of the Divorce Master's hearing in this case, you, or anyone acting in your behalf, learn of any further information not contained in these answers, you shall promptly furnish that information to the undersigned by supplemental answers. For questions that request Production of Documents, this request is made pursuant to Pa.R.C.P. No. 4009 and you are requested to produce a copy of the mentioned documents with the understanding that the undersigned shall reimburse you for copying cost. In the event you are unable to make a copy of the requested documents or items, please provide the mentioned items for inspection and copying at the office of Andrew C. Sheely, Esquire, 127 South Market Street, Mechanicsburg, Pennsylvania, within thirty (30) days from the filing of this request. DATE: March 6, 2006 Andrew C. Sheely, Esquire PA ID # 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (Fax) INSTRUCTIONS AND DEFINITIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the question is inapplicable, "N/A" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation thereof and note that such answer is an estimate or approximation. Whenever the word "identify" or "identity" is used in reference to a person, corporation or other entity, this means to state, if appropriate, his, hers or its full name, present address and business affiliation. 1. EMPLOYMENT A. State the full name, date of birth, address and telephone number of each and every employer with whom you have worked for the past three (3) years: Pennsylvania American Water Company 3906 Church Road Mt. Laurel, NJ 08054 B. State fully your gross salary per hour, week or month with each and every employer within the past three (3) years, and provide a copy of evidence (W-2, 1099) of total earnings for the years 2004, 2005 and 2006: 2004 - $ 30.84/per hour 2005 - $ 30.84/per hour 2006 - $ 30.84/per hour Copy of W-2 for 2004 attached. Copy of Form 1040 for 2005 because cannot locate W-2 and 2006 not completed. PR WC SILVER SPRINGS Fax:717-766-8370 F" pm!ray. Fasr! ux QGI=p DatNe'a+spoa Form W-2 Wage and Tax Statement 2004 T fpl!r9y?p i, dpG. Ma mmP x Fe"nl ir!come aw winnem 1 58647.60 $594.70 p I oc w=dy wages a CM WVfty tax wi ea _. 65015.38 4030.95 MvNee a u axwe waaea aw ape eoimre W wathea 65015.38 942.72 OAT tWae, etlnw, and P come AMERICJIN WATER WCRKS SERVICE COMPANY AGENT FOR PENNSYLVANIA AMERICAN WATER C 3906 CHURCH ROAD NT LAUREL, NJ 08OS4 166ne ` -[mpoyvs info I.O.lta 16 "M wpp, ipt mc. 11 SMW bRnmelax moure tax 120 Locally utry ....... _.__............ ,-i °-,_...-_.._...............y............_..._..._.......... ' M? enys44 Oulne.160va b Form W-2 Waae and Tax Statement Mar 21 '05 15:38 P.01 aan,arumew, nµtM ,aa wp µe f1lT! bee it www.ir}prv to Swe Enplyvl Mee I,O. no. If Swe -am foe. W- 17 SUM NCOme w .....__ .:........... .. .. .... _._... ...._.........___.. ._........ _-.... ....... ..._..-_ PA L251008096_ 64277 SG v76.aS 16 Local wge,tlx, M. 19iawwomalp In lowly nwn CGPY R To Be pled with emplayea's PEORRAL Tex Return Dep. of the Trmury - IRS nie Information to being funimed to an Imemei Rew!p Semias Gem Mu!6l5.Q= a tcob, AMERICAN WATER WORO SERVICE COMPANY AGENT FOR PENNSYLVANIA AMERICAN WATER C 3906 CHURCH ROAD M3' LAUREL NJ 08054 10 Deoarwptowe benefits 11 Nonum~Piano 128 Sw In vv**WCµ lx--- b mploylx idm fib an!aardWr 17e d plop spumy" w 40-94 ?12C . 14* 9UZ 59 05 1201 9 1--- . INS 600.06 13 RIVA OZ' e 6n!plpbp's name, a ld em. bed ZIP Md4 PRRDRRICK J WENDEKIER 414 FAUN" OEM MECHAWZCSEURG PA 17055 9 Adwmce SIC pgnk.4 6 Hackers Wage wtl Spa 6Alpaarew AMSRZCAN WATER WORKS SERVICE COMPANY AGENT FOR PENNSYLVANIA. AMERICAN WATER C 3906 CHURCH ROAD NT LAUP.EL NJ 08054 100apuwentcwe benehb 11 Nwqumw*M 12b&ff'w*ew w'm.t: J 0 as b EmaeyW ldemiSuep manber 1 " D I 6367 7S . 9 ; abooft number d T= 1$t 1 05 Sul 59 . INS 600.08 is NM y!, -Ev mr' e Fmpoyw'e name, addrou, and DP cads 3RSDSRICA J WINDRCIER 414 FAIRWAY DRIVE MECiwlC8Rtma PA 17055 15 See Enpfoyell ewe I.D.M. 16 Sfoe wages, Spa, sat. 17 Stets income tax issues PmPk40l Woe I.O. tw to Stale wage, q1e, elm 17 am ecany tes ........ ....._........ ... .................._ R9 ?9ernma ne e ,...........____.. __..___.._....:___....__.._ -_?.. ..,..... _. r.........._.__...._ ......................,......._._..._...._...._...._..... 7 . '43" A 2.50. e, .35 ... 19 LOGY wagp,ip, eie. it laplinpny Wx 20 Leeway mane 1l LOwl Wa9ea. ape. Ma. 19lwWl tEanr wl 201o!wlily many _.. ..... _........2E312..03._. .. .. .. ....... ....126.04 ..... All. MONB015....... -_._.._ ...............2.9331.05,.... 378..O.i. .. se lntmGa ....... .... Oapy 2 For Elepoyw's Dap. of the Trouury • IRS . Copy 2 For 6mpldyee'e Dept of the Ihwwry - IRS stets, On Or Label Sete, CRY for Local FORM L4UPW Imceme SX Realm Income Tax Return AMERICAN WATER WORKS SERVICE COMPANY AGENT FOR PENNSYLVANIA AMERICAN WATER C 3906 CRDRCM ROAD MT LAUREL NJ 08054 FREDERICK J 11EemExTRAt 414 FAIRWAY DRIVE NECHANICBRURG PA 17055 Fi1BDRRICK J WMMZKlER 414 FAIRWAY DRIVE WEC7fANICNEURO PA 17045 NH WL SILVER SNk1N6S Fax:717-766-8370 Jun 23 '06 10:57 P.04 1040 0"J" of the Ressury--Ir Al `41`0 Sice 20O C U.S. Individual Income Tax Return CSJ Isla, ma u..onl -w.« a.u naw,em. For the yew Jan. 1-Om 31, 2005, a other tax Yew beg inning 2nls, wdha 20 OM8 Na 1545-0074 Label ya(Brat darns and init?o last name : Your social aaautty number Pee L 1A1L:r•:;': t: vL 12 instructions on pigs m A a if a loint realm, Accuse's first name Alts inisel Last rums speuse•aeodalasaar)ryhsunbw E Use the IRS t label. Om i Hans aaarcsg,(numoer aM strew). N you have a P.O. box, M* rage 16. Apt. W. You must enter A A er M, lease prim a yl,y `"-Vi .;rUlk?„' -+'114F your SSN(s) above. : p Or typo. a E City, town or Peet oltge, state, and ZIP code. If you have o foreign address, see page 16. Checking a box below will not presidential I '(' fwG4 1(F•.P• t t r_ct>-;)7;>''?`'. chan8e ur tax or refund. -r Election Campaign le Check here if you, or your spouse if filing jointly, want $3 to go to this fund (ace page 18) ? lb_ You ? speusa _ 1 ? Single 4 L_I HMd of halsahold (with quallyin9 person)- (Sea page 17.) If Filing Status 2 ? Married filing jointly (even if only one nad Income) the quardying person is a child but not your dependerienter Check only 3 ? Married filing separately. Enter spouse's SSN above this child's name hare. ? n 6e Exemptions b c If more than Your dependents, see page is. Ypuraed, If someone can claim you as a deperwent, do not check box 61 Scausa - Dependenta- 111 first name Lis[ nartis (2)Dependent's modal sadlflty number (2) pdnaent's rahfiomisp to will 1 de1wWss dal Iv chid At mdl as 01011 9 'i.tS.y:Jh '..( f ..,'( •'isf%1:'li". TOO :)J(- ? ?C14:66 bpi 7 Glj !(r5 ( ?Y1> r f :7t:ht:>f i=14:(x :,4'?: . . la•i 1. pi an as and 111a -f- ine. at ch ldren en no whnr e lived with you 3 e did rot INe whin you dw to dborce w setawwbn Iw Pew 20) 06pwaenl, an ac not entered asaw_ Add number, an 7 Wages salaries etc. Attach Form(s) W-2 tips l , , , Income 68 Taxable interest. Attach Schedule B if required . . . . . as 7 l ) b Tax-exempt interest Do not include on the 9a ab h F ( Att ac orm s W.2 hen. Also 8a Ordinary dividends, Attach Schedule S if required . . . . 8a U Mach Forms h qualified dividends (sae page 23) 9b - '.... _ ._ W-20 and , or offsets of state and local income taxes (see page 231 1090-R it tax 10 Taxable refunds, credits 10 - LI - , . was, Wlmhald. 11 Alimony received . . . . . . . . . . . . . . . . 11 '- . . . 12 Business Income or (lose). Attach Schedule C or C-EZ 12 13 Capital gain or (loss). Attach Schedule D if required. If not required, check here b. ? 13 It you rid not 14 Other gains or (103303). Attach Form 4797 . . . . . . . _ 14 C '- gat a W-2, ISa IRA distributions 15a . b Taxable amount (see page 25) 15b see page 22. 16a Pensions and annuities 16a b Taxable amount (see pogo 25) 16b 0 - Enclose, but do 17 Rental real estate, royalties, partnerships, S corporators trusts. etc. Attach Schedule E 17 0 " , net attach, any 15 Farm income or (loss). Attach Schedule F _ 1e -' :J - ent paym Also, 18 Unemployment compansation . . . . . _ 78 i e use Ferns 1040-V. 208 Social sec sty benefits 20a J b Taxed. amount (see page 27) 20b 21 Other income. Ust TYPO and amount (see page 29) •'= 22 Add the enteunee In the farrinht column for In a 71hm,hnh 91 This k fatal fatal Ireanma ? tie .._ - . 1 l.7 23 Educator expenses (see page 29) . . . . . . 27 -' Adjusted 24 Certain business expertise of reservists, performing artists, and Gross fee-basis government officals. Attach Form 2105 or 2105-EZ 24 •,'.;:?:1k Income 26 Health savings account deduction. Attach Form 6669, 25 ??y " 26 Moving expanses. Attach Form 3903 . . . . 26 -' l.) ' ' 91 - 27 One-had of se6-employment tax. Attach Schedule SE 27 ._ r s , 26 Self-employed SEP. SIMPLE, and qualified plans . 28 29 Self-employed health Insurance deduction (sae page 30) 29 1 ' 30 Per ahy on early withdrawal of savings . . 30 31a Alimony paid b Recipient's SSN? 31a ^i ^li:i 32 IRA deduction (acs page 31) 32 •^ J 33 Student ban Interest deduction see page 33 33 `tl•'-) lip ''''i 34 Tuitlon and lees deduction (see page 34) 31 . . . . 35 Domestic production activities deduction. Attach Form 9903 35 36 Add lines 23 mrough 31a and 32 through 35 . . . . . . . . 36 F=1 . 37 Subtract line 36 tam line 22. This is your adjusted gross In come 37 .? I . p Par Disclosure, Privacy Act, end Paporwork Reduction Act NOti00, See 0*90 78. Cat No. 1132118 Form 1040 12005) FAH WL S1LVEk SF'K1NGS Fax 717-766-8370 Jun 23 '06 1058 P. 05 Form 1040 (20051 2 ross inc me) nt Iron lino 37 311 Amo ad usted 36 o g u ( j Tax and Credits 39a Check C3 You were born before January 2, 1841, 11 Blind. } Total boxes I if: ? Spouse was born before January 2, 1941, ? Blind. checked ? 39a : Stan W b b It your spouse lam2es off o separate return or you were a dual-smha slim, sea page 35 and Clack here ?29b 17- 1- . u?1O" 40 Itemized deductions (from Schedule A) or your standard deduction (see left margin) 40 - for-- . t li 40 f li 38 41 S b 41 7- C . , , . . . . . . . . . . . . . . trac ne rom ne u • People who checked any 42 If line 38 is over $109,475, or you provided housing to a person displaced by Hurricane Katrina, ' box on line the total number of exemptions claimed on line 8d $3 200 b lti l 37 Oth i 42 .%"l7 ;^1 V 39a or 39b ar , y p y see page . erw se, mu enter -0- If line 42 is more than line 41 42 from line 41 43 T bl I S bt t li who can be claimed as a , . w e ncome. u rac ne tax is from: a ? Form(s) 8814 b ? Form 4972 44 T (s e a e 37I Check If an 44 go dependent, e 36 see a - ax e p g . y e 39) Attach Form 6251 49 Alternative minimum test (see a 45 . p g . . . . . . . . - g . p 1 4e Add fines 44 and 45 46 e As others: . . . - Attach Form 1116 It required 47 Forei n tax credd 47 , • ' Single or . - . g - ; ; y, ? Married filing 8 C Attach Form 2441 r ende t care ex enses dit f hild a d d 48 f r 4 p . re o c n ep n sepa att y, $5 000 or the disabled Attach Schedule R 49 Credit for the elderl 4B , . . y i d fili M 60 6ducstion credits Attach Farm 8863 60 arr ng e - - jointly or Attach Farm 8880 contributlons crsdlt 61 Retlremant savings 51 Qualifying . , . .. Attach Form 6901 6 required a e 41) 52 Child tax Credit (see 62 widow(er), p g . $10,000 Attach Form 8839 53 Ado tion credit 53 Head o1 . . . . . . p 54 Credits from: a ? Form 8396 b ? Form 6859 64 household. $7,300 . 55 Other credits. Check applicable box(es): a ? Form 3600 n-ssi ;. b ? Form 6801 c ? Form 55 H 55 Add lines 47 through 55. These are your total credits 56 67 Subtract line 56 from ins 46. If one 56 is more than line 46, enter -a- . . ? 57 Attach Schedule SE 56 Salt-em lo ment tax 58 p y . . . . . . Other and Medicare tax on tip income not reported to employer. Attach Form 4137 59 Social securil 59 - y T8X@S Attach Form 5329 if required lans etc other ualified retirement 60 Additi l t x n IRA 60 - . p , - q ona a o s, ^ ayments from Form(a) W-2 61 Advance earned Incoma credit 61 . . . . . . . p 82 Household employment taxes. Attach Schedule H . . . . . . . . . - 62 63 Add lines 57 through 62. This is your total tax . ? 63 64 Federal income tax withheld from Forms W-2 and 1099 64 c) 4.S ( 3? '-il . Payments 65 2005 estittated tax payments and amount applied from 2004 return ou have a III Earned income credit (EIC) If 66a y c c a . . b Nontaxable combat pay election ? d6h hi att ch Schedule EX 67 Excess social security and her 1 RRTA tax withheld (sea page 59) 67 Attach Form 6812 66 Additional child tax credit ga ,.. . 69 Amount paid with request for extension to file (see page 59) 69 70 Payments from: a ? Form 2439 In ? Fan 4136 c ? Farm 6685. 70 71 Add lines 64, 65, 66a, and 67 through 70. These are yourtatel paym ents ? 71 J ri. l This IS the amount you overpaid subtract line 63 from line 71 72 If line 71 is more than line 63 72 j i . , Refund 73a Amount of lire 72 you want refunded to you , . _ . . . . ? 73n Direct deposi[? Sea page 5e 10- b Routing number 10- c Type: C3 Checking C] Savoys and All in 73b, 110- d Account number and 73d 73c , . 74 Amount ofline72 you want applied to our 2006 estimated tax ? 74 Amount 75 Amount You owe. Subtract ins 71 from line 63. For details on now to pay, sea page 60 ? 75 YOU a 76 Estimated tax penalty (see page 60) . 76 Third Party Do you want to allow a Lher person to discuss tithe return with the IRS (see page 61)? ? Yes. Complete the following. ? No Designee Deugnes's Phan. psew l identification name ? no. ? I ) number (PIN1 1. Sign under penakes of prjury. I declare that 1 have examined this feturn end xaompsrrying eohedules and at 1~K and to me east of my knowledge and betlN, may are sue, cones, and complete. Declension of preperer (other than taxoWer) Is eased on all Inform.tien of which praporer has any knowledge. Here Your signeffee Date Your occupaton Daytime phone number Joint rehlml 3.e Page 17. ( ) Keep Z city spouse's signature. If a joint return, both must sign. Date spouse's occupation for your .e,.. records. Paid preparers' Date C Preparses SSN or PTIN Mea if eigMtUre ?6-employed ? Preparer's Rmhe name for / ON Use Only n 's if 44a4Ta?°ye?, ps,e f 1 0 ?rprre4 wr M.y~Ppr Farm I U4U (2005) 2. DEBTS OWED TO YOU If any person, corporation, partnership, or any other entity owes you any money, state the name and address of the name and address of the debtor, the amount of debt and the date the obligation became due and owing. None 3. PERSONAL PROPERTY If you own any furniture, household goods, jewelry, furs, artifacts, motor vehicles, boats, furniture, works of art, other personal property, state a complete description, the date of purchase of such item of personal and identify its present value: (a) Household furnishings and appliances (1) 3 bedrooms (2) 1 living room (3) 1 family room (4) 1 kitchen (5) basement (6) above ground swimming pool (7) 1 hot tub Purchased at various dates and valued at $10,000.00 (b) Motor vehicles (1) 1998 Ford Explorer $ 1,700.00 4. OTHER INCOME Itemize the source, terms and amounts of all income benefits, cash and noncash, not already included in your Answers to any preceding Interrogatory, such as, but not limited to, pension plans, annuities, inheritances, retirement plans, Social Security benefits, lottery prizes, bank interest, dividends, and other asset. No additional present income but retirement or pension plan. (a) American Water defined Benefit Pension Plan upon retirement - estimated payment of $ 1,989.22/month (b) IRAFBO Plan (ESOP) Managed by Financial Network Investment Corporation - estimated value $ 31,000.00 (c) 401 (K) Plan managed by American Water Works, Co, Inc. - estimated value is $ 92,000.00 (d) IRA Plan managed by Van Kampen Investments - estimated value $ 2,400.00 (e) Roth IRA managed by American Water Works Co, Inc. - estimated value $ 2,500.00 5. Identify any and all liabilities or obligations of whatever nature, including a list of credit card accounts, that you may have, which are not disclosed in a prior Interrogatory, and for each, please state: A. The nature of the liability or obligation: (1) Capital One Mastercard (2) Sears Mastercard (3) Discover Card B. Date acquired: (1) varies (2) varies (3) varies C. The outstanding balance, if any: (1) $9,000.00 (2) $3,000.00 (3) $3,000.00 D. The account numbers: (1) 5291-4920-3354-5902 (2) 5121-0701-6298-8303 (3) 6011-0024-7650-5359 6. List and identify all life insurance policies, including policy numbers and face amounts, in which you are the owner, insured, or beneficiary, and for each please state: American Water - term life insurance policy American General - $50,000.00 - owner Please state any benefits not already listed in the preceding interrogatory that you receive from each and every employer: None 8. As to each checking, savings or investment account maintained by you or in which you had power of signature at the time of the separation, state the name and address of the banking or other financial institution, and the value in the account presently and the amount in the account as of the date of separation: Member's 1st FCU - Louise Dr., Mechanicsburg Account #225172 Checking $800.00 - varies Savings - $4,000.00 9. As to any and all savings accounts, certificates of deposit, money market funds, savings clubs, money market funds, savings certificates (all hereinafter called "Account") or similar items thereto, maintained by you or over which you had power of signature or any interest in, or deposited monies into, or withdrew monies from, currently and as of the date of separation, state the name and address of the banking or other financial institution, the value in the account presently and the amount in the account as of the date of separation: None 10. Set forth a list of all stocks and bonds and the value of each, including U.S. savings bonds, securities, including but not limited to stocks, debentures, mortgages, treasury bills, mutual funds (hereinafter called "Security") owned, held, acquired, sold, exchanged, disposed of by you in the past year. None 11. As to any real estate in which you now have or have had an interest during the marriage, whether individually, jointly, or otherwise, set forth: A. Its address: 414 Fairway Drive Mechanicsburg, Pennsylvania B. Purchase price: Not applicable C. Name and address of grantor: Frederick J. Wendekier and Renee M. Wendekier, his wife D. Name and address of all holders of encumbrances; description of and amount of each encumbrance at date of acquisition of title: $167,000.00 owed to First American Funding, Inc., 1730 East Jappa Road, Baltimore, MD 21234 incurred May 12, 2005 E. Whether any portion of purchase price is still due by way of note, bond, mortgage, or in any other manner; the amount yet owed: $167,000.00 - copy of settlement statement attached. F. The fair market value of each parcel of real property. Believed to be $167,000.00 my-11-2045 go 03.37 Ph 11414 FAX N0. two P. 02 ONE App No, 1R,M U { a't?paaq` IQQAI4W lama 1W7. P'QIa6pM1B011nMK IJ10 4JOLS7 14W 14M. town Tww 0r64Raa a•omm 167,1" lMua 14941 1,41414 IQW. (00410in42 appYall+++aaWa+ ?' '% 4 MW Ogaaa4 aY uW I aaw ok** WriWmw aw HUF1A Qa4amam 91W+aa+1 .n4 a 00 ar aar at nV waWw" am mw 4 la a wa VA wxaM 1ad'"K W A iamoo wo Abwawfaft away 0 m ag o"of UW"NWL MJM daw lAlp.lAQa41wMM'thwM4MiM1IMw uanldaeopy wow 000 wo J VON drW? eanNUo-upM+ ??1r g90LL69LT.L EB:60 5002/n/60 A?331-??a FAX NO. P. 01 my-11-2005 WED 0336 PM east rme ?rR?ssna?. tLC. 17301; & JOPPA ROAD SALT A OR6, JiM 21234 PHONE ; 410.882-0120 PAX: 410482.9066 717-697-7065 To: Andrew Sheely Re: W'endekier Enclosed please find copy of Hud-1. The undwwriter is ok with the Waiver and Affidavat. Thank you, Eileen S90LL69LU EE:60 S00Z/ZLl80 A-L93HSad 10 39Vd 12. If not previously identified, identify each account, pension benefit, retirement plan, profit annuities, Keough plans or other investment plans accumulated any interest during marriage, whether retirement benefit presently exists and the value date of separation and at the current time. See No. 4 and every retirement sharing plan, IRA's, earned by you or which or not such pension or of asset as of the A. If such retirement account, savings plan or pension benefit exists, state the present value of such account and attach supporting documents to the extent such exist verifying such values. B. In the event such retirement account, savings plan or pension benefit was withdrawn, distributed, paid under penalty or liquidated during the course of marriage or during the separation period, state the amount of such distribution, payment, withdrawal and the value of such account when such was received. 13. What is the condition of your health? If you are suffering from any problems with your health, please state the nature of your problems and the names and addresses of you treating physicians, hospitals or other health care facility. Good 14. Do you claim that any of the assets or property disclosed in your Answers to these Interrogatories is non-marital property? If you Answer is yes, please identify said assets of property, state the fair market value thereof, and state your basis for exclusion of each asset or property as your non-marital property. Yes (a) Real estate at 414 Fairway Drive, Mechanicsburg, PA 17055 in accordance with agreement with spouse by way of assumption of mortgage and payment of 1/2 of equity to spouse on May 12, 2005. (b) Houshold furnishing and appliances - same as above. (c) Automobiles - same as above 15. Are you the owner of any joint accounts with any other person, other than Plaintiff? No If your Answer is yes, please identify each joint account, the date it was created, the names of all joint owners and their respective interests. RENEE M. WENDEKIER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL ACTION - LAW FREDERICK J. WENDEKIER, 04 - 5421 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CAMBRIA Before me, a Notary Public in and for said Commonwealth and County, personally appeared FREDERICK J. WENDEKIER, who, being duly sworn according to law, deposes and says that he is the Defendant in the foregoing action and that the facts set forth in his said Answers are true and correct to the best of his knowledge, information and belief. Frederick J. I?Inaekier Sworn to and subscribed before me this 24th day of June , 2006. Nbt{ry Public My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Mary Ellen Wendekier, Notary Public Patton Boro, Cambria Cowry My commission Expires Nov. t 3,2005 Member, Pennsylvania Association Of Notaries AFFIDAVIT OF VERIFICATION I verify that the statements made in these Answers to Plaintiff's Interrogatories are true and correct to the best of my knowledge and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date : Frederick J. W ekier P PARED BY: Raymc #d J. We kier Attor iey at Law 306 Magee Avenue Patton, PA 16668 CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify serving the foregoing Interrogatories Propounded On to Defendant and Request for Production of Document following named individual this day by depositing States Mail, First Class, postage prepaid, Pennsylvania, addressed as follows: Raymond J. Wendekier Attorney at Law 306 Magee Avenue Patton, PA 16668 Date: March 6, 2006 that I am this day Behalf of Plaintiff s First Set upon the same in the United at Mechanicsburg, Andrew C. Sheely, Esquire -'FI - n u ' ?Il tV t_. si f o 7 t',,; < e Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RENEE M. WENDEKIER, Plaintiff VS. FREDERICK J. WENDEKIER Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 5421 IN DIVORCE AFFIDAVIT OF SERVING RULE TO SHOW CAUSE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that a true and correct copy of the RULE TO SHOW CAUSE in the above-captioned matter to be served upon Raymond J. Wendekier, Attorney for Defendant Frederick J. Wendekier, by Certified Mail, Return Receipt Requested, as indicated by the attached receipt cards, on June 15, 2006. A ANDREW C. SHEELY SWORN to and subscribed before me this Z& day of June, a006. Not Public my commission Expires: NOTARFAL SEAL - BECKY M. *MY, Nfty PA9o ModrNpb in Bom, C mbolud CL My CoeniMon E)pbn Nor. 19,1006 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Raymond J. Wendekier Attorney at Law 306 Magee Avenue Patton, PA 16668 Received by,(Proese Print crgerp) j B. Date of Delivery - - - I ?? Agent X Addre D. Is dell address &Avilent from Item 17 ? Yes If YES, ter delivery address below: ? No 3. Service Type 9 Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (Copy from seNicsfebef) 7001 2510 0000 3029 4374 PS Form 3811, July 7999 Domestic Return Receipt 102595-00-M-0952 I h> CZ ?j Renee M. Wendekier Plaintiff VS. Frederick J. Wendekier IN THE COURT OF COM14ON PLEAS OF CL,%MERLAND COUNTY, PENNSYLVANIA ,1'v lti -7) IN THE COURT OF COMMON p EAS OF d_ CUMBERLAND COUNTY, PENNSY r1VIA- _ B CIVIL ACTION - LAW @4 - 5421 IN DIVORCE ?POTION FOR APPOINTMENT OF MASTER Renee M. Wendekier (Plaintiff) (edarrz) , moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a master is requested. Updated information has been requested. (2) The defendant (has) 46az-a") appeared in the action (personally) (by his attorney, Raymond J. Wendekier ,Esquire). (3) The staturory ground( ) for divorce (is) (are) 23 Pa. C.S.A. Section 3301 1c1 I (A (4) Delete the inapplicable paragraph(s): (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: Property Distribution, Alimony not involve) complex issues or fact. (6) The hearing is expected to take 1 (hears) (days). (7? Additional ifye motion if as relevant to the motion: Motions pending o compel a en ant td provide discovery requests. Date: June 'Li , 2006 (Ba£aninae-) AND NOW .3 '100( is appointed ter th respect to Esquire, By th ourt: J 01?J 41CL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION RENEE M. WENDEKIER, Plaintiff vs FREDERICK J. WENDEKIER, Defendant * CIVIL ACTION - LAW * * ACTION IN - DIVORCE * * NO: 04-5421 * * Apx-S OL°Y'S -fp INTERROGATORIES ADDRESSED TO PLAINTIFF To: RENEE M. WENDEKIER PLEASE TAKE NOTICE that request is hereby made by the Defendant of the Plaintiff for answers, under oath or certification, to the following Interrogatories within the time and in the manner prescribed by the rules of this Court. You are required to file answers to the following interrogatories within thirty (30) days after service upon you pursuant to Pa. R.C.P. 1920.22 (b) and 4004. NOTE: Questions concerning marriage, children and marital offenses are with relation to the other party to this suit, unless otherwise indicated. INSTRUCTIONS AND DEFINITIONS Answer every Interrogatory. No question is to be left blank. If the answer to an Interrogatory is "none" or "unknown", such statement must be written in the answer. If the questions is inapplicable, "N/A" must be written in the answer. Whenever a date, amount or other computation or figure is requested, the exact date, amount, computation or figure is to be given unless it is unknown. If so, give the best estimate or approximation. Whenever the word "identify" or "identity" is used in reference to a person, corporation or other entity this means to state if appropriate, his, hers or its full name, present address and business affiliation. For questions that request Production of Documents, this request is made pursuant to PA R.C.P. No. 4007 and you are requested to produce a copy of the requested documents with the understanding that we will reimburse you for the cost of making copies. Date: ymond endekier 306 Magee Avenue Patton, PA 16668 Attorney's ID #15131 Telephone # (814) 674-5991 INTERROGATORIES 1. State your full name, age, date of birth, residence and post-office address, home telephone number, social security number and every employer for whom you worked in the past three (3) years. Ranee M. Wendekier 5t years 11/1/1954 27 A Gettysburg Pike, Mechanicsburg, PA 17055 197-46-8670 Kohl@ Department Store 2. If you reside with another person, state his or her name and relationship to you. Lori Muldoon and family KOHE S PA's BEGIN DATE: '09/03/2006 CHECK DATE: 09/15/2006 PAY GROUP: KPH MESSAGE: 0D'_7 0337599 1099579 RENEE M. WENDEKIER 515 CHERRY STREET CARLISLE, PA 17013 EMPLOYEE I. D. CARD PAY END DATE: 09/09/2006 i KOHESr 1099579 0004040341 111111111111111111111111111111111111111111111 Wendekier,Renee M. i EXPIRATION DATE: 09/30/2006 0337 0337599 I CERTIFY THAT I HAVE READ AND UNDERSTAND KOHL'S ASSOCIATE DISCOUNT POLICY. I UNDERSTAND THAT I MUST BE PRESENT ANY TIME THIS CARD IS USED. I CERTIFY THAT MY • PrIOPM&RF WTI] RE PAEn BV ME OR AN ELIGIBLE DEPENDENT AS f'tTIOMHQURS .i DEFINED BY KOHL'S POLICY. 1 UNUCKSIANU IHAI VIULAIIUN IMMEDIATE TERMINATION. 3 I OF THIS POLICY MAY RESULT N MY ::.; .:.:,:.::.:::::;::.:.: >..:::; .:: :::.::::.... f! .......:. . .................:..:.::.:..:....::..:..::.:.... ALSO UNDERSTAND THAT I MUST INFORM SERVICE DESK EARNED - TAKEN = BALANCE THAT I AM AN ASSOCIATE WHEN RETURNING ASSOCIATES MARITAL STATUS: S N t M ERCHANDISE, ALLOWANCES t 0 0 70.00 60.00 10.00- SIGNATURE: ADDL. PERCENT : ........................................................................ ...................... ADDL . AMOUNT 5.00 AVG HRS WORKED PER DAY PRIOR YR. 8.00 -x• ....:........ .• s;':%35>i ?-:;::?i::iC+ri:i+:?::?`.`ii:;i;;ri:..k..:'t:vi>ii>:?:i:: >:;y:i55i.':::;:;; ---------- CURRENT -------- ------ YTD -------- DESCRIPTION RATE HOURS EARNINGS HOURS EARNINGS DESCRIPTION CURRENT YTD REGULAR HOURLY EARNINGS 15.26 25,50 389.14 .1,309.00 19,312 SS ED WITHHOLDING 100.97 10 01 2,956.74 317 82 LEGAL HOLIDAY 15.26 8.00 122,08 40.:00 50 194.57 8.50 89 8 22 691.52 194.57 . FED MEDICARE TAX FED SOC SEC TAX 42.82 . 1,358.97 HOLIDAY WORKED . . 25 25 - 561,40 PA UNEMPLOYMENT EE 0.64 20.22 OVERTIME VACATION . 80'.00 1,197.20 PA WITHHOLDING 21.21 672.94 PERSONAL DAYS 25.50 344.75 PA SILVER SPRING WIT 11.05 `59.92 CREDIT INCENTIVE 10 50 1.00 88 7 PA EMS TAX 0.00 PA MECHANICSBURG WIT 0.00 52.00 0.00 SHIFT PREMIUM $.75 INVENTORY - INDIRECT . 17.25 . 253.06 PA MECHANICSBURG EMS 0.00 0.00 r.:: •::::::::::. s:•:.:c:,::•:•>; :;:..:• •::.::;: :::. ?1740 ?A71:1 I CflMg :. :.:..: i1FiR ?Ai( i1QfTtRl4? :::: • :::::.::::::. ::::., ::::::::::::::::.•. ::::: :•::::: :• :.:::: .::::.:::: i. ;:::i : >: ;;F :: F!I3 3i4Hit6F? `:i:>•'::::i y %?i i> `> ;Wt#R8#. R ..... . $... . . ::•: ? E s: : ....:::.......: ; , , , : :: :: DESCRIPTION CURRENT YTD DESCRIPTION CURRENT. YTD DESCRIPTION CURRENT YTD UNITED PPD STO 15.05 545.02 LONG TERM DISABILITY 0.00 112.33 • Taxable CURRENT: 690.74 706.79 186.70 15.05 504.04 YTD: 21.,918.91 22,463.93 5,730.61 657.35 16,067.97 REMOVE DOCUMENT ALONG THIS PERFORATION "Im, qyj Jill "I" 11 "1 111P1 e . ;IM NnT 1,111113F.15031 KO CS DATE 09/15/2006 CORPORATE HEADQUARTERS: N56 W17000 RIDGEWOOD DRIVE MENOMONEE FALLS, WI 53051 0 PHONE: (262)703-7000 ADVICE. NUMBER 3004114034,1 Deposit Amount: 504.04 To The Account(s) of RENEE M. WENDEKIER 515 Cherry Street Carlisle, PA 17013 DEPOSIT ADVICE ONLY •>:<•:::>:<?::;•:;?::•:»::V.?k74ii9rt1:•:RRF:K•VMa;>aSi4ft9:RiHY.7R•r:;1w.ItFi:•:i;:;•::ii>:[<•i<e ?:?:r ACCOUNT NUMBER DEPOSIT AMOUNT Savings 187343000 $504.04 NON-NEGOTIABLE 3. State the names, addresses and telephone numbers of your employers, the hours and rate of pay or earnings, setting forth particularly your gross gratuities, expense and drawing accounts and allowances for transportation and other accommodations and expenses. Kohl's Department Store 40 hours per week $15.26 per hour See income statement attached hereto No expense account No accomodations for transportation expenses 4. Set forth all pension, stock-purchase options, retirement plans, insurance, profit-sharing or other benefit plans. If there is a contract of employment, state the terms thereof or, if in writing, attach a copy hereto. No contract of employment Kohl's Department Store 401(k) See attached statement 5. Itemize all income benefits and other emolument not already included in your answers to any preceding questions, such as, but not limited to, pensions, annuities, inheritances, retirement plans, social security benefits, lottery prizes, bank interest, dividends, etc., showing the source, amount and frequency of each. N/A 6. If you own or have any interest in an automobile, truck camper, mobile home, motorcycle, boat, airplane or vehicle of any nature, household goods, furniture, jewelry, furs and other things of value, identify each and your interest therein, stating the make, model, year, price paid therefore, its present value, location and the name and address of any co-owners. 2001 Chrysler Sebring - $17,000 lien - $10,000 Personal contents - See attached Defendant's Answer #3 7. State the nature of any lien or security interest to which any of the items listed by you in your answer to the preceding questions are subject, indicating, the name and address of the holder thereof, the holder's relationship to you, the amount and frequency of payments you make thereto and the balance due. Member's First lien - 200) Chrysler Sebring $10/000 8. Itemize all bank and savings and loan association accounts, time deposits, certificates of deposit, savings clubs and checking accounts in your name or in which you have an interest, showing the name and address of each depository, the present balance therein, the name and address in which each is registered and the present location and custodian of the deposit books or certificates. Identify all bank accounts and give account numbers. Member's First Checking & Savings - Account #187343 checking account - $400.00 (varies) savings account - $15,000.00 (proceeds from real estate transfer) 9. If you have a safe deposit box, state where it is located, in whose name it is registered, its contents and who has access to it. N/A 10. Itemize all shares of stock, securities, bonds, mortgages and other investments, other than real estate, in your name or in which you have an interest, showing where and in whose name they are registered, the identity of each item, its market value, the amount of dividends or other income paid by each, and the present location and custodian of all certificate or evidence of such investments. N/A 11. If, during the last three years, you have sold, transferred or otherwise disposed of any items in questions 6 through 10 or any interest therein, state which items were so sold, transferred or otherwise disposed of, to whom, the dates of the transaction and the consideration received for each. House - 414 Fairway Dr., Mechanicsburg,PA $23,375.00 Utility trailer - sold to Defendant $500.00 12. As to all real estate which you own or in which you have any interest, state (a) location, type of property and deed references (b) the date of purchase and price paid (c) name and address of all co-owners and the amount of their interest (d) amount of mortgages thereon, the balance due thereon and the name and address of the mortgagee (e) if income property, name all tenants or occupants and annual rent paid by each (f) itemize operating expenses, including but not limited to taxes, mortgage payment, insurance, heating fuel, water and other utilities. Transfered to Defendant in 2005 13. If you have sold or otherwise disposed of any real estate or interest therein in the past three years, state (a) location and type of property, (b) date of sale, selling price and original cost thereof (c) name and address of purchaser (d) relationship of purchaser to you (e) disposition of the proceeds of the sale. See #12 14. List all life insurance policies in which you are the insured or beneficiary showing as to each policy (a) the name of company, face amount and policy number, (b) name of insured, beneficiary and relationship to you, (c) annual premiums and who pays them, (d) present cash surrender value. See attached Employee Policy ` E m O O O LM U LO !E C X a) ' E CT 'O C •p .N O N M b9 N La V N V U N o O N O O m 0 a) O O d9 O 00 ^° a) N O U o N Oa CCaa y 10 H9 A C M O O Lr) ? 0 v c L O CO oN a) 0 c m a N Z Z 6s a a) ) m T c o O 0 > ? a o m O L to 69 p o LO o ' d C a) N 69 O O La a) N Q 0 ?" 0 to O O O c N N N E N >+ - C E f 0 d'N C 0 .N O N N o o O >- E C m o a). a) "C3 m _ 'C L O N U CA a) LO p p E _ (1) } .Q 0 s h C . O m > 0 CI. _ , N Y C * c r E O cn y Z CI. .? 0 'a o w a C U) : w = L 0 a) U C ° ? y C O C M C'. ? ] T m c > U CD c N ID c N m L O U C 0 1E 0 U C'. M 4) V m >+ a) O) d C Y4 'U a) c U L CI. V; w C O c O E O U) N cc N O c _ w N 0 W M) N > C a) m E C O O Lo Q Q a L 0) T .C J N N N w 0 V Q U U m :E O N >- 4 3 E2 y CU Q o. ac) o U U a) W w m - t w (1) > aXi U >+ E L 3 CD L cu w U Q m a) C U 0 N = 4) L C E C 21 N >+ Y U 0 W 0 cc a Q C a c c 0 N L cc m r ; p gy `.. W O MIN O w O O 00 N N c) v 00 O O N C`7 r- O ° 4. L 64 64 (73. 64 A 64 64 46 . C J w. H 0 o 0 0 o 0 6q o OL r U) a) M (D 0 U) a) C) U) a) U) 4) In CD Q N N 0 >- } Z } C u i `(,?. _ Efl cn 0 op C m O to Y rr a) M M Cn O e CL Ll C p + L+, 0 m 0 CD LO LO O Ln O Cp co m tt tt LO LO CD ? H a .c - z y C`. _ I m C' ?• c +r c.. c a) m a) O c 3 t c N (a >+ y I (a > + 0 L ate..' L? a) m La C'• - c -D a ? E ` .0 CIO La C'• m "=O a a C C'• a) C N n p a g p ' a ) L 'O a) C . 7 N p a 0 .? > E O a) !S c 0 m .0 E a) _ > > v c: °) ' .0 N 2 ° U co CM ? U iu y O N O m c j E a) a) N CI. N m E ) ) cu fa ?a :3 c a) E CD L` ~ + c U c N a a N~ V Q N c c c ac) m C m e J w > c c N c C .p :O O U m F- w O L (Q J .C O U m F- O L Qa w J Q 0 Q - O m > T E U 3 N U = 0 cc N o 0) U 3 y U N C O J > O E L C a) > > 0 J E E E A m m o a Gs U y M La c a N N N a >. N .°Y U Q D N >. N U 1 eyp 16 L L L r c c 3 L _ -C c 14 N U 0 S 3 N U 15. List any and all property or things of value which you hold in trust for anyone, showing (a) nature of the property and its location and custodian (b) present value and original cost of each (c) the name and address of the person for whose benefit you are holding the same and that person's relationship to you (d) the conditions of terms or the trust (e) how such property was acquired and who paid the consideration. N/A 16. Itemize your average monthly living expenses in detail, including, but not limited to, rent, clothing, food, utilities, telephone, transportation and car, medical and dental, insurance of any nature, mortgage and other loan payments, taxes and other regular personal items of any nature. (a) Rents for residence (b) Utilities (c) Automobile Insurance (d) Health Insurance (e) Contributions (f) Medical/doctor/dental (g) Food (h) clothing (i) Misc. entertainment (j) Automobile fuel, repairs (k) Automobile loan (1) cell phone (m) hairdresser $ 400.00-500.00 $ 100.00 $ 75.00 $ 15.05 $ 0.00 $ 30.00 $ 200.00-300.00 $ 100.00 $ 100.00 $ 150.00 - 200.00 $ 188,00 $: " 45.00 $ 50.00 17. If you contribute to anyone's support or welfare, list (a) the name and address of those whom you support (b) their relationship to you (c) amount and frequency of support payments (d) whether voluntary or by Court order (e) name and address of Court and every attorney involved. Living with Lori Muldoon. Contributes toward living expenses. 18. State the names and addressed of all persons who were witness to or have knowledge or information of any relevant facts relating to this action or who possess proof of the incidents or acts involved, their relationship to you and indicate which were eyewitnesses. Plaintiff Defendant/Husband Children of Plaintiff and Defendant 19. State the names, addressed and area of expertise of any and all proposed expert witnesses and annex true copies of all written reports rendered to you by any such proposed expert witnesses. If a report is not written, supply a summary of any oral report rendered to you. No experts proposed at this time. In the event an actuary is required, Plaintiff reserves the right to submit an actuarial calculation of Defendant's Defined Pension Benefit. VERIFICATION The undersigned verifies that the Answers contained herein are true and correct. The undersigned understands that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Renee M. Wendekier, Plaintiff Date: D t ! GJ 'Tii=r C/) H 1 r r, STS - Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RENEE M. WENDEKIER, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW FREDERICK J. WENDEKIER Defendant 04 - 5421 IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 28, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE : _ Re M. Wendekier a4_ ?, ??? ? ? -??' ? y. ? ? N Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Pax) RENEE M. WENDEKIER, Plaintiff VS. FREDERICK J. WENDEKIER Defendant : IN THE COURTIOF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 5421 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 93301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. a DATE : R I! 3 O 7 T Re M. Wendekier r*o t RENEE M. WENDEKIER, IN THE COURT OF COMMON PLEAS Plaintiff, OF CUMBERLAND COUNTY, vs PENNSYLVANIA FREDERICK J. WENDEKIER, Defendant. CIVIL ACTION - LAW 04 - 5421 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code, was filed on October ;L 9, 2004 in Cumberland County, Pennsylvania to No. 04-5421. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of decree. 4. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: q'v'?'©l J I-,? " L W FREDERICK WENDEKIER, DEFENDANT o SR rn rn RENEE M. WENDEKIER, Plaintiff, vs FREDERICK J. WENDEKIER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 04 - 5421 CIVIL TERM IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SEC. 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: FREDERICK J. ENDEKIER, Defendant i CZI r?i ro 1 3--,q N N RENEE M. WENDEKIER, Plaintiff VS. FREDERICK J. WENDEKIER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04 - 5421 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this 1Y Ua day of , 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on September 13, 2007, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. CEBY COURT, ?N ? Gj Edgar B. Bayley, P.J. cc: vAndrew C. Sheely Attorney for Plaintiff vRa'ymond J. Wendekier Attorney for Defendant J trd c?,y ?,. ? Ectal LLJ -L082 cv U i r+ r RENEE M. WENDEKIER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 04 - 5421 CIVIL FREDERICK J. WENDEKIER, Defendant IN DIVORCE THE MASTER: Today is Thursday, September 13, 2007. This is the date set for hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Renee M. Wendekier, and her counsel Andrew C. Sheely, and the Defendant, Frederick J. Wendekier, and his counsel Raymond J. Wendekier. This action was commenced by the filing a complaint in divorce on October 28, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. The Master is going to be provided affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can conclude under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits and waivers with the Prothonotary. The complaint also raised claims on behalf of the Plaintiff of equitable distribution, alimony, and alimony pendente lite. No claim have been raised by either party for counsel fees and costs. The parties were married on October 13, 1979, 1 and separated March 20, 2004. The parties are the natural parents of three children, all of whom are emancipated. The Master has been advised that after negotiations this morning they have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. After the agreement has been transcribed this morning, the parties and counsel will come back to the Master's office, review the agreement for typographical errors and make corrections as necessary and then affix their signatures affirming the terms of settlement as stated in the agreement. Nevertheless, it is specifically noted that whether or not the parties sign the agreement today or at any time, they are bound by the terms of the agreement as stated on the record when they leave the hearing room today. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Sheely. 2 • MR. SHEELY: 1. Husband and wife agree that an amount of $100,000.00 shall be transferred from husband's retirement accounts to wife. It is anticipated that the amount of $100,000.00 shall be derived from two sources of retirement benefits. It is anticipated that $75,000.00 shall be transferred from an American Water Works Company, Inc., savings plan in the name of Federick J. Wendekier and that the amount of $25,000.00 shall be transferred from a retirement account with Financial Network also in the name of Frederick J. Wendekier. It is wife's intent to set up separate accounts in her name with both companies so as to assist with a timely transfer of the amount set forth in this agreement. She shall cooperate with establishing those accounts. Husband agrees that he shall prepare and submit the appropriate QDROs to accomplish the intent of this paragraph to the respective companies, and wife agrees that she shall cooperate with completing the necessary forms to allow for a transfer or roll over from these accounts. 2. Husband is employed by the American Water Company and has acquired an accrued defined pension benefit through said company. The parties have agreed that wife's interest in the pension benefit shall be an amount of $1,000.00 per month which is estimated to be the marital portion of the pension benefit as of husband's anticipated retirement age at age 65. In addition, wife shall be entitled to a survivor benefit available through the same plan through the America Water Company. Husband and husband's counsel have submitted a draft QDRO to the Plaintiff and Plaintiff's counsel and said draft shall be submitted to the American Water Company for their review and approval in accordance with the terms of this paragraph. Wife understands that her monthly benefit may be reduced or impacted as a result of husband's death prior to age 65. 3. Husband shall pay wife alimony in the monthly amount of $500.00. The payment of alimony shall terminate upon the death of either party, shall terminate upon wife's co-habitation with a person of the opposite sex, shall terminate upon wife's remarriage, and shall terminate upon husband's retirement at the anticipated age of 65. In addition, husband and wife agree that alimony paid pursuant to this paragraph shall be subject to automatic review after 3 a period of sixty (60) months from the entry of an alimony order upon the petition of either party irrspective of a showing of a change in circumstances. The alimony can be reviewed at any time before the sixty (60) months upon a showing of changed circumstances of a substantial and continuing nature. Husband shall continue to make alimony payments through the form of a check paid on the first day of each month to wife. It is anticipated that an alimony order will be entered prior to October 1, 2007; however, in the event such order is not entered, husband shall make payment for October and wife shall credit that as alimony. 4. Each party shall retain his or her assets in his or her current possession and each party shall retain the retirement benefits other than the retirement benefits identified in paragraph one and two which are in each other respective individual names without further claim of either party. 5. Each party shall retain their respective personal property in his or her possession with the exception of two items: Husband and wife agree that husband shall make available for pick up at husband's residence an antique pitcher pump and an antique school desk to wife within a period of thirty (30) days after the date of this agreement. Husband and wife agree to cooperate with arranging a mutually convenient time and date for wife to obtain these items. 6. Each party will remain liabile and responsible for any and all debts including credit card debts that have accrued in each parties' name after the date of separation and those debts which were in either parties' name as of the date of separation. 7. Husband and husband's counsel shall cooperate with submitting the QDROs as contemplated in paragraphs one and two to the respective companies for implementation within sixty (60) days following today's date. 8. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share' in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to 4 J, J take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SHEELY: Could you, please, state your name and address for the record? MS. WENDEKIER: Renee M. Wendekier, 422 Third Street, Enola, Pennsylvania 17025. MR. SHEELY: Renee, it's been about two hours after we started negotiations. The agreement, which I dictated on the record, does it accurately reflect the terms of your understanding as to the settlement of this case? MS. WENDEKIER: Yes. MR. SHEELY: Are you under the influence of any drugs or medication which would cause you not to understand any of the terms or conditions of the settlement agreement as of today? MS. WENDEKIER: No. MR. SHEELY: Are you under any type of undue influence or duress as to force you to reach an agreement in this case? MS. WENDEKIER: No. MR. SHEELY: Does the agreement accurately reflect your understanding as to the termination of your marital relationship and a distribution of property and 5 I resolution of all economic claims in this matter? MS. WENDEKIER: Yes. MR. RAYMOND WENDEKIER: Fred, would you state your name and address for the record? MR. FREDERICK WENDEKIER: Frederick J. Wendekier, 414 Fairway Drive, Mechanicsburg, Pennsylvania. MR. RAYMOND WENDEKIER: Do you understand the agreement that was reached after negotiations and which has been put on the record? MR. FREDERICK WENDEKIER: Yes, I do. MR. RAYMOND WENDEKIER: Do you agree that this accurately reflects what we negotiated and which you are willing to sign to? MR. FREDERICK WENDEKIER: Yes, I do. MR. RAYMOND WENDEKIER: Are you, at this time, taking any type of medication or are you under the influence of any drugs that would inhibit or impair your ability to understand? MR. FREDERICK WENDEKIER: No, I'm not. MR. RAYMOND WENDEKIER: Okay. Is it your intent that this agreement be the agreement that will terminate your marriage and equitably divide the marital property that you and Renee now own? MR. FREDERICK WENDEKIER: Yes. MR. RAYMOND WENDEKIER: And are you willing 6 i- to sign an affidavit of consent to the divorce? MR. FREDERICK WENDEKIER: Yes, I am. THE MASTER: Thank you counsel and the parties. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 9 ('.S4q VWO -0/ T I rew C. Sh R e M. Wendekier d Attorney for Plaintiff Ra and J. endekier Frederick J. Wendekier Att rney r Defendant 7 RENEE M. WENDEKIER, Plaintiff vs. FREDERICK J. WENDEKIER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 04 - 5421 CIVIL TERM 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 3301 (c) 3301(d) (1) of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service by Counsel on November 1, 2004 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff Sept, 13. 200 by defendant Sept. 13, 2007 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: N/A (2) Date of filing and service of the plaintiff's affidavit upon the respondent: N/A 4. Related claims pending: Division of Retirement Benefits by Qualified Domestic Relations Orders and Alimony pursuant to Sept-13,2007, 5. Complete either (a) or (b) Agreement and Stipulation. a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the prothonotary: September 144 2007 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: September 2007 4 4. 't?r -!?u Attorney for Plaintiff' F-+ ? JP 62-VC*?' art r -` rn . ' co Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) RENEE M. WENDEKIER, Plaintiff VS. FREDERICK J. WENDEKIER, Defendant 41 IN THE COURT OF COMMON PL OF CUMBERLAND COUNTY, PENNS VANIA CIVIL ACTION - LAW 04 - 5421 CIVIL TE IN DIVORCE ORDER OF COURT IN RE: ALIMONY AND NOW, this `/` day of CLJ-wAc? , 2007, is Ordered and Decreed that Defendant, Frederick J. Wendekier shall pay Plaintiff, Renee M. Wendekier, as Alimony, the sum of ive hundred dollars ($500.00) per month, on the first day of a ch month, effective October 1, 2007. All payments of Alimony herein shall be made in accordance with and subject to the terms nd conditions of paragraph 3 of the Agreement and Stipulation entered on September 13, 2007 docketed to the above captioned acti which shall be incorporated but not merged in the Divorce BY THE COURT, Andrew C. Sheely, Esquire Attorney for Renee M. Wendekier, Plaintiff _ ?. Raymond J. Wendekier, Esquire Attorney for Frederick J. Wendekier, Defenda J. io1s1o> 8 C -Z P18 ?- DO LOOZ 3Ri Jo IN THE COURT OF COMMON PL AS OF CUMBERLAND COUNTY STATE OF PENNA. RENEE M. WENDEKIER, Plaintiff VERSUS FREDERICK J. WENDEKIER, No. 04 - 5421 civil Defendant DECREE IN DIVORCE AND NOW, Eby Y ? 2007 , IT 1S ORD RED AND RENEE M. WENDEKIER DECREED THAT PLAINT FF, AND FREDERICK J. WENDEKIER ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS W ICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; Division of Retirement Benefits by Qualified Domestic R lations Orders and Alimony pursuant to September 13, 2007 Agre?ment and Stipulation. BY THE CJDURT: ATTES J. PROTHONOTARY IYO4,92 Lo' r ro-?OI*v yxx?;, *,r tR e ? ? r # A 4 N. ,;,(=`t)7 NV In RENEE M. WENDEKIER, Plaintiff, vs FREDERICK J. WENDEKIER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5421 IN DIVORCE STIPULATION AND ORDER FOR DIVISION OF SAVINGS PLAN FOR EMPLOYEES OF AMERICAN WATER WORKS COMPANY INC. AND ITS DESIGNATED SUBSIDIARIES IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan that is qualified under Section 401 of the Internal Revenue code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" is: Name: ("Participant") Address: Social Security Number: Birth Date: Frederick J. Wendekier 414 Fairway Drive Mechanicsburg, PA 17055 206-40-9423 March 5, 1952 r 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the plan "Alternate Payee" is: Name: ("Alternate Payee") Renee M. Wendekier Address: 422 Third Street Enola, PA 17025 Social Security Number: 197-46-8670 Birth Date: November 1, 1954 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Savings Plan For Employees of American Water Works Company, Inc. and Its Designated Subsidiaries (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. Amount of Alternate Payee's Benefits: This Order assigns to Alternate Payee a portion of the Participant's Total Account Balance accumulated under the Plan in an amount equal to $85,000.00 effective as of the "Plan Segregation Date." It is understood that the Plan Segregation Date shall be the date that the Plan Administrator actually segregates the assigned portion of the Alternate Payee's benefits from the Participant's accounts. The Alternate Payee's actual distribution will then bear any associated investment gains/losses from the Plan Segregation Date until the date of distribution. To the extent that the Participant has amounts held in different investment funds or sub-accounts, then a "pro-rata" portion of the total amount of the Alternate Payee's benefits shall come from each such fund or sub-account of the Participant. 8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, she shall be paid her benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payees under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 9. Death of Participant: In the event that the Participant dies after the QDRO is approved but before the Alternate Payee receives her distribution hereunder, such Alternate Payee shall be treated as the surviving spouse of the Participant for any survivor benefits payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 7 of this Order. 10. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the alternate Payee that are required to be paid to another alternate Payee under another order that was previously deemed to be a QDRO. . 11. Certification of Necessary Information: All payment made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 12. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continued to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 13. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 14. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to see recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on the other Party. 15. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. The Foregoing is Agreed to By: Date: o c L. 1 LI 1001 Date: / a a U o 7 I_ Frederick J. W kier, Participant Q 0 - Q 9 \L I L)-IQZ""-LL4 Renee M. Wendekier, Alternate Payee BY THE COURT `y v l j' Judge ?GG, 0) L.0 0 -r c? 2 c t -D4 rv?,?L RENEE M. WENDEKIER, Plaintiff, vs FREDERICK J. WENDEKIER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5421 IN DIVORCE STIPULATION AND ORDER FOR DIVISION OF IRA FOR BENEFIT OF FREDERICK J. WENDEKIER PERSHING LLC AS CUSTODIAN ROLLOVER ACCOUNT WITH FINANCIAL NETWORK INVESTMENT CORPORATION IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined contribution plan that is qualified under Section 401 of the Internal Revenue code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" is: Name: ("Participant") Address: Social Security Number: Birth Date: Frederick J. Wendekier 414 Fairway Drive Mechanicsburg, PA 17055 206-40-9423 March 5, 1952 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the plan "Alternate Payee" is: Name: ("Alternate Payee") Renee M. Wendekier Address: 422 Third Street Enola, PA 17025 Social Security Number: 197-46-8670 Birth Date: November 1, 1954 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the IRA FOR BENEFIT OF FREDERICK J. WENDEKIEER PERSB ING LLC AS CUSTODIAN, ROLLOVER ACCOUNT NO.5 FN-684545 (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. Amount of Alternate Payee's Benefits: This Order assigns to Alternate Payee a portion of the Participant's Total Account Balance accumulated under the Plan in an amount equal to $15,000.00 effective as of the "Plan Segregation Date." It is understood that the Plan Segregation Date shall be the date that the Plan Administrator actually segregates the assigned portion of the Alternate Payee's benefits from the Participant's accounts. The Alternate Payee's actual distribution will then bear any associated investment gains/losses from the Plan Segregation Date until the date of distribution. To the extent that the Participant has amounts held in different investment funds or sub-accounts, then a "pro-rata" portion of the total amount of the Alternate Payee's benefits shall come from each such fund or sub-account of the Participant. 8. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, she shall be paid her benefits as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants and alternate payees under the terms of the Plan, including, but not limited to, a single lump-sum cash payment. 9. Death of Participant: In the event that the Participant dies after the QDRO is approved but before the Alternate Payee receives her distribution hereunder, such Alternate Payee shall be treated as the surviving spouse of the Participant for any survivor benefits payable under the Plan to the extent of the full amount of her benefits as called for under Paragraph 7 of this Order. 10. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the alternate Payee that are required to be paid to another alternate Payee under another order that was previously deemed to be a QDRO. 11. Certification of Necessary Information: All payment made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 12. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continued to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 13. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 14. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to see recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on the other Party. -M I a 15. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. The Foregoing is Agreed to By: Date: YJC- G w Z©d Date: / d- 12- 0 /0-7 Frederick J. W ekier, Participant ?1,,,-tA M Renee M. Wendekier, Alternate Payee BY THE COURT < ' Judge l? G.G . Z o 1 2, ao ok?l I R f" V i V iA [,,,q, N $1 .1 Wd 0 Z 331 LOOZ ,k8VICNOH!Wd t???Dla 7 r-, kt- RENEE M. WENDEKIER, Plaintiff, vs FREDERICK J. WENDEKIER, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5421 IN DIVORCE STIPULATION AND ORDER FOR DIVISION OF THE PENSION PLAN FOR EMPLOYEES OF AMERICAN WATER WORKS COMPANY INC. AND ITS DESIGNATED SUBSIDIARIES QUALIFIED DOMESTIC RELATIONS ORDER IT IS HEREBY ORDERED AS FOLLOWS: 1. Effect of This Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined benefit pension plan that is qualified under Section 401 of the Internal Revenue code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. Participant Information: The name, last known address, social security number and date of birth of the plan "Participant" is: Name: ("Participant") Address: Social Security Number: Birth Date: Frederick J. Wendekier 414 Fairway Drive Mechanicsburg, PA 17055 206-40-9423 March 5, 1952 3. Alternate Payee Information: The name, last known address, social security number and date of birth of the plan "Alternate Payee" is: Name: ("Alternate Payee") Renee M. Wendekier Address: 422 Third Street Enola, PA 17025 Social Security Number: 197-46-8670 Birth Date: November 1, 1954 The Alternate Payee shall have the duty to notify the plan administrator in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is The Pension Plan For Employees of American Water Works Company, Inc. and Its Designated Subsidiaries (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the State of Pennsylvania. 6. For Provision of Marital Property Rights and/or Spousal Support: This Order relates to the provision of marital property rights to the Alternate Payee as a result of the Order of Divorce between Participant and Alternate Payee. 7. This Order assigns to Alternate Payee a portion of the Participant's Accrued Benefit under the Plan as of the Participant's benefit commencement date, in the amount of One Thousand and 00/100 Dollars ($1,000.00) per month. In addition to the above, the Alternate Payee shall receive a pro-rata share of any post-retirement cost of living adjustments or other economic improvements made to the Participant's benefits on or after the date of his retirement. Such pro-rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Section 7. Notwithstanding the language set forth above in this Section 7, in the event that the Alternate Payee becomes entitled to a Qualified Pre-retirement Survivor Annuity under Section 9 of this Order, then the Alternate Payee's right to a share of the Participant's benefits as called for under this Section 7 shall be terminated as of the date of such Participant's death, and such pre-retirement survivor annuity shall be payable to the Alternate Payee in lieu of any other benefits to which she may be entitled under the terms of this Order. 8. Commencement Date and Form of Payment to Alternate Payee: The Alternate Payee shall commence her share of the benefits under the Plan when the Participant commences his benefits under the Plan. The Alternate Payee shall continue to receive her share of the benefits in accordance with Section 7 for as long as the Participant is alive and receiving his benefits. Shared Approach: The form of benefit payable to the Alternate Payee is to be based on the life expectancy of the "Participant". As a result, the Alternate Payee's benefits (as set forth under Section 7 above) shall cease upon the earlier to occur of her death or the Participant's death, provided, however, that the Alternate Payee shall remain entitled to any survivor benefits in accordance with Sections 9 and 10 herein. Further, should any early commencement reduction be necessary in the event that the Alternate Payee commences her benefits prior to Participant's Normal Retirement Date, then such reduction shall be applied to Alternate Payee's benefits in accordance with applicable Plan provisions. 9. Treatment of Alternate Payee as Surviving Spouse for Purposes of Determining Qualified Pre-retirement Survivor Annuity as Such Term is defined in Section 417 of the Code: In the event that the Participant predeceases the Alternate Payee, and neither the Participant nor the Alternate Payee has commenced their benefits under the Plan, such Alternate Payee shall be designated as the surviving spouse of the Participant for purposes of establishing Alternate Payee's entitlement to receipt of this monthly pre-retirement survivor annuity, but only to the extent of her assigned interest. 10. Treatment of Alternate Payee as Surviving Spouse for Purposes of Determining Qualified "Post-retirement" Survivor Annuity as Such Term is defined in Section 417 of the Code: In the event that the Participant predeceased the Alternate Payee after the date of their benefit commencement, such Alternate Payee shall be designated as the surviving spouse of the Participant for purposes of establishing Alternate Payee's entitlement to receipt of this monthly post-retirement survivor annuity, but only to the extent of her assigned interest. Therefore, the Participant must elect to receive his benefits in the form of a qualified joint & survivor annuity upon retirement. 11. Death of Alternate Payee: If the Alternate Payee predeceases the Participant either prior to, or after their benefit commencement date, the Alternate Payee's portion of the Participant's benefits, as stipulated herein, shall revert to the Participant. 12. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the alternate Payee that are required to be paid to another alternate Payee under another order that was previously deemed to be a QDRO. 13. Certification of Necessary Information: All payment made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. 14. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continued to qualify as a QDRO under Section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 15. Tax Treatment of Distributions Made Under This Order: For purposes of Sections 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. 16. Correcting or Terminating Payments: The Plan will retain any rights it may have under its terms to suspend or terminate payments to Alternate Payee and Participant provided that either Participant or Alternate Payee may contest such suspension or termination through any administration remedies available under the Plan. Payments by the Plan pursuant to this Order will be without prejudice to any right the Plan has under applicable law to see recoupment or offset for overpayment. If the Plan pays one party a portion of the other party's benefits under the Plan and this Order, the party receiving the overpayment will return that portion to the Plan, which in turn, will pass that portion on the other Party. 17. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. The Foregoing is Agreed to By: Date: b=(, • ? LA _ Z401 Date:_ I l l e- 0 107 J ? ?? • W ??n?IIJU? Frederick J. ekier, Participant Renee M. Wendekier, Alternate Payee BY THE COURT U '-/ V • Judge ?ee-. 2 oI I-ep7 e? LINr,,(Y 1".," 4 ;;vino 0 :h Wd 0Z 330 LOOZ U p