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Home My WebLink About05-0645 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A II , JOANNE SHANKS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION - DIVORCE NO. 2005 - ~ </6 CIVIL TERM ROLAND SHANKS, IN DIVORCE Defendant NOTICE YOU HAVE BEEN SUED IN COURT, If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO tOUR 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 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAlDIS, SHUFF, FLOWER & LINDSAY Attorneys for Plaintiff ,r By: Carol J. L ID#44 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS.AT-LAW 26 W. High Street Carlisle, PA JOANNE SHANKS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVORCE NO. 2005 - (. <{ S CIVIL TERM ROLAND SHANKS, IN DIVORCE Defendant COMPLAINT Joanne Shanks, Plaintiff, by her attomeys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Joanne Shanks, who currently resides at 1128 Femwood Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011, where she has resided since 2002, 2. The Defendant is Roland Shanks, who currently resides at 1003 Third Street Walla Walla, Washington, 99362, where he has resided since September 6, 2004, 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and Defendant were married on June 13, 1976, at Tarzana, Califomia. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. SAIDIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, PA I[ i 6. The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code, 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce, SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: Carol J. Un 10 # 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: Jf3frJs-. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, PA JOANNE SHANKS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. CIVIL ACTION. DIVORCE NO. 2005 . CIVIL TERM IN DIVORCE ROLAND SHANKS, Defendant VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ~Mwu ~~ Joan Shanks, Plaintiff Date: 1-31-0[; ....,.) C) c:;.~ .:>:~: I -\"J ~ ,.n ..... ..,., -r r;'1 '. -"f'! ~ ~.,.... il'1i";:O ~ Jf _J -'nf:') ~ I ~,CCJ ...- )2~J)\ \-.> :C', -.... ::; ",. '" '" ()rn <:::- "- ........ t.n " l-J ..l):, -t> ,,,..:..... -{ 01 ..J -!<> ~ ..r-- ,.< ~ e- el SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT-LAW 26 w. High Street Carlisle. PA JOANNE SHANKS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVORCE NO. 2005 - to tf~ CIVIL TERM ROLAND SHANKS, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND now, this 22nd day of March, 2004, I, CAROL J, LINDSAY, Esquire, of the law firm of SAIDIS, SHUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, ROLJ> SHANKS, on February 14, 2005, with the Complaint in Divorce by Certified Mail. Return Receipt Requested, addressed to: Roland Shanks 1003 Third Street Walla Walla, WA 99362 "I' and proof thereof, the signed Return Receipt Card, is attached hereto. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By (" i! ' ," , ;/';. / Carol'J. Li ID# 26 West High Street Carlisle, PA 17013 (717) 243-6222 ~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 w. High Street Carlisle, FA JOANNE SHANKS, Plaintiff V5. ROLAND SHANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2005 - (J;Yc.;- CIVIL TERM IN DIVORCE PROOF OF SERICE . CampIele ItemS I, 2. and 3. AlsO c:ompIete .." 4 If Restricted Delivery Is desired. . I'Itnt your name and addlllSS on the rev.- 10 thai we can retum the cerd to you. , . _h this cerd to the back of the mallplece. or on the frOnt If space perrnIl8. 1. _Ie Addressed to: ~/aflct dJaJ7hS j()()j I/;irtl Sfr~t' f Mila kJa//tb J kJ/1 tlrlJ{ptL 2. _ N...- ~--... PS Form 3811. ~ 2004 I ~ <fc 17 '::J D.lado1iVOlY__fn>mlteml? If YES,""'" do1iVOIY oddr8os below: 0 No I ~~r.W 0 ecpo.aMIII ...o-~ 0 IIIIIIn ReceIPl for Mlo I n o InouNd MIll 0 0.0.0. 4. Reo\ltcted DoIIWlry? /EI<InI~) 7003 2260 0000 8704 3501 ---.. .... t1 TIT.... Q ,,, < . I>,': --\ :11.. - . SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT.LAW 26 W. High Street Carlisle, P A JOANNE SHANKS, Plaintiff VS. ROLAND SHANKS, Defendant IN TIIE COURT OF COMMO CUMBERLAND COUNTY, PE CIVIL ACTION - DIVORCE NO. 2005 . &,45' C IN DIVORCE AMENDED CERTIFICATE OF SERVICE TERM AND now, this ~ day of April, 2005, I. CAR L J. LINDSAY, Esquire, of the law firm of SAlOIS, SHUFF, FLOWER & UN SAY, Attorneys, hereby amend and correct the Certificate of Service filed on arch 7, 2005 to correctly state that I served the Defendant, ROLAND SHANKS, on February 10, 2005, with the COMPLAINT IN DIVORCE by Certified Ma I, Return Receipt Requested, addressed to: Roland Shanks 1003 Third Street Walla Walla, W A 99362 and proof thereof, the signed Return Receipt Card and conti ation by the U.S. Postal Service, is attached hereto, SAIDIS, SHUFF, FLOWER & INDSAY, P.C. Attorneys for Plaintiff By I L1f, Carol J i Li dsay, qUlfe lO#44 3 26 West High Stre Carlisle, PA 1701 (717) 243-6222 .' . SAIDIS SHUFF, FLOWER & LINDSAY A'ITORNEYS-AT-LAW 26 W. High Street Carlisle, PA JOANNE SHANKS, Plaintiff VS, ROLAND SHANKS, Defendant IN THE COURT OF COMM N PLEAS OF CUMBERLAND COUNTY, ENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2005 - wyC;- IN DIVORCE PROOF OF SERICE . Complete Items 1, 2, end 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 mailplece, or on the front il space ~its, 1. Article AddreSS6d to: ?w/(l{Jd S/;tl/Jf;S /<<J!J /l;ird Sfrflt'1 Mila IJaJ/0 J JcJ/l rJflJiRtL 2. Article Number (T/BIlSferfrom--o PS Form 3811, Febl1lary 2004 ",.1': rt, I :.",.; 3~.Se lcel\tpe.." , ,'';,1:1 od Mall [J Express ail: ':;1 [J Reg_ [J Reium R ptlorM~~ [J Insured Mail [J C.O.D. ,*..., 4. Restrlclod Delivery? (Extra Fee) Yo 7003 2260 0000 8704 3 01 Domestic Retum ReceIpt 1025_'64f~ USPS - TilIck & Confirm Page 1 of 1 ~ UNlTEDSTI.lTES I!:iittII POSTI.lL SERVICE,! Home Track & Confirm Current Status rra k & Confirm Ent r label number: You entered 7003 2260 0000 8704 3501 Your item was delivered at 3:15 pm on February 10, 2005 in WALLA WALLA, WA 99362, 60> Shipment Details> Tra k & Confirm F.C\Qs UrP Notification Options . Track & Confirm by email Wh~J is_this? Go:. II POSTAL JNSPECTORS Preserving the Trm:;.t site map contact us government service Copyright @ iS99<~DD2 USPS. AI! Rights Reserved. Terms of Use P ivacy Policy ,., http://trkcnfrml.smi. usps.com/netdata -cgi/db2www/cbd _243 ,d2w/output 3/31/2005 -- ~, ~ 'f} ~ -;0 \ 0" ;~,~: '~.> ~~2: ....,1' '""~.:.:. ~ - ~ -"'" c;: U> ..p Q. ,....\ ~1: ...o'\f\ ~_."")C '(5 C) ~;~~~ ,A ~ ',L - SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT.LAW 26 W. High Street Carlisle, P A II JOANNE SHANKS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. CIVIL ACTION. DIVORCE NO. 2005. 645 CIVIL TERM ROLAND SHANKS, IN DIVORCE Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER 113301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed February 4, 2005, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 1 ~ /f~ oS" 7WV~~ J PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER II 3301 Ic) OF THE DIVORCE CODE 1. j 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 to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities Date: 7-1f05' ~~, Jojinne Shanks, Plaintiff (") ,:;: ~": v(;; ?~L:" ~. (j) ~ ~'" C::C. :T.:;(_ '<""'1 j;c 3 " ....., = 5\ ".. c:: G') o "T1 s:'.,., 1'1- .."hi --)9 C)6 ::,'1.1:; ~l.--li ~~O ~)rn ~:'-\ 55 -< N -0 ::J;: 'i? Ul -.I JOANNE SHANKS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVORCE NO. 2005 - 645 CIVIL TERM ROLAND SHANKS, IN DIVORCE Defendant DEFENDANT'S AFFIDAVIT OF CONSENT UNDER 63301/cl OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under \13301 (c) of the Divorce Code was filed February 4, 2005, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief, I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. 4904 relating to unsworn falsification to authorities, Date: 7-~- (),!," ~~LL Roland Shanks, Defendant DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301/cl 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities Date: 7-/5-&.';- ~/tJ Roland Shanks, Defendant '2 ~.. -~(; ~~\:, (J') ;;~ ?1,-< :L'~ ~.;- 0", ".') .~~; 2 ~ ~ ~ G"'l -- r..:> ~ ~~ --o'S -"0 I '")(} (~~l' ''i:-1J I"){:") '. -;0" (f' b -\ ~ .Z ..., :$. <P. <.J' .... - ry RECEI'/ED AUG 252005 f' JOANNE SHANKS , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Y5. CML ACTION - DIVORCE NO. 2005 - 645 CIML TERM ROLAND SHANKS, IN DIVORCE Defendant QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the Retirement Plan, the assets of which are held by the Ministers and Missionaries Benefit Board. 2. The Court intends this order to be a Qualified Domestic Relations C"QDRO") as defined under Section 414(p)(1)(A) of the Internal Revenue Code of 1986, as amended (the "Code''). 3. For purposes of this Order, the following words and phrases shall have the following means: a. The term "Member" means Roland M. Shanks whose last known address is 1003 Third Street, Walla Walla, Washington 99362 whose date of birth is September 4, 1949 and his Social Security Number is 567-76-2768 b. The term "Alternate Payee" means JoAnne Shanks whose last know address is 1128 Fernwood Avenue, Camp Hill, Pennsylvania 17011 whose date of birth is July 18, 1957 and her Social Security Number is 556-74-7298 c. The term "Board" means The Ministers and Missionaries Benefit board (MMBB), 475 Riverside Drive, Suite 1700, New York, New York 10115- 0049. :>- - 0;' 1.f) ::e 'C a.. UJ-;:,~ ,- gc~':') ".,-- tt:i: ",0:, 01""-, "'rC a"> 66: (-.j wo- G:~ t:..!) :.'\ ? ..a: ,';"'\ 'i5 -;:-':1 ~ ;:) = (.) .,... ~1, t\ t ~( f\~ ":'" !PP '" "'- . - d. The term "RP" means the Retirement Plan of the Board. e. The term "Plan Administrator" means the Board. 4. The Alternate Payee is the spouse (former spouse) of the Member. 5. This Order is entered pursuant to the provisions of the Pennsylvania Divorce Code, 23 Pa. C.s.A. Section 3501 et seq. governing the division of marital property (as that term is defined thel'ein) between spouses and former spouses in divorce actions. 6. Pursuant to Section 14.06 of the RP, this Order creates and recognizes the Alternate Payee's right to thirty percent (30%) of the Member's account balance in the RP as of April 1, 2005. The amount to which the Alternate Payee has a right pursuant to Paragraph 6 shall be removed from the Member's accounts in the RP and held in separate but comparable accounts in the RP in the name of the Alternate Payee. 7. Unless otherwise elected pursuant to Paragraph 8 (a) below, the Alternate Payee's benefit described in Paragraph 6 above shall be paid in the form of a single-life annuity for the Alternate Payee's remaining life, commencing as of the Alternate Payee's 65th birthday. 8. With respect to the Alternate Payee's interest in the RP created by Paragraph 6 of this Order above, the Alternate Payee shall have the sole and exclusive right: a. to elect, in accordance with the terms of the RP to receive payment from the RP of the benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the RP to the Member (other than in the form of a joint and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse). Payments to the Alternate Payee pursuant to this Order shall commence on any date elected by the Alternate Payee (and such election shall be made in accordance with the terms of the RP)), but not earlier than the Member's earliest retirement age (or such earlier date as allowed under the terms of the RP), and not later than the 2 date the Member would be required to commence benefits under the terms of the RP. For the purposes of this Order, with respect to benefits provided under each such plan, the Member's earliest retirement age shall be the earlier of (1) the date on which the Member is entitled to a distribution under the RP, or (2) the later of (1) the date the Member attains age 50, or (2) the earliest date on which the Member could begin receiving benefits under the plan if the Member separated from service: b. to designate the beneficiary who shall be entitled to receive the amount, if any, that is payable under the RP in the event of the Alternate Payee's death, without regard to any beneficiary designation by the Member with respect to the Member's interest in the RP; and c. to direct, in accordance with the terms of the RP, the benefits assigned to the Alternate Payee under this Order. 9. Nothing contained in this Order shall be construed to require the RP or the Plan Administrator: a. to provide any type or form of benefit or any option, not otherwise provided under the RP; b. to provide increased benefits (determined on the basis of actuarial value); or c. to pay any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined by the Plan Administrator to be a QDRO. 10. This Order is intended to be a QDRO as defined under the Code and its provisions shall be administered and interpreted in conformity with the Code and Section 14.06 of the RP. 11. The Court retains jurisdiction over this matter to amend this Order in order to establish and maintain its qualification as a QDRO under the Code. 12. In the event that this Order is determined by the Plan Administrator, a 3 court of competent jurisdiction or otherwise, not be be a QDRO as defined under the Code, both the Member and the Alternate Payee shall cooperate fully and execute any and all documents necessary to obtain an amended order which is a QDRO. By the COUlt, --1J//~ fof/ f~~D' 2..(", 2o-S ] CONCURRENCE: ~~~ Roland M. Shanks ~-'<!,-A-€- ~ ~lnks 4 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.UW 26 W. High Street Carlisle, P A JOANNE SHANKS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-645 ROLAND SHANKS, Defendant : Civil Action - Law : In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on February 10, 2005, via Certified Mail, Restricted Delivery, Return Receipt Requested, Proof of service was filed with the Court on April 6, 2005. 3, Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 12, 2005 By Defendant: August 12, 2005 4, Related claims pending: The terms of the Property Settlement and Separation Agreement dated July 11, 2005 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 12,2005 By Defendant: August 12, 2005 Dated: 98-d-S- ~ s y, Esquire SAlOIS, S , FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A CERTIFICATE OF SERVICE I hereby certify that on this 2nd day of September, 2005, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Roland Shanks 1003 Third Street Walla Walla, WA 99362 Ji'y}~d/.U,l?od1Y- nne M. Bartley Paralegal to Carol J. Lindsay, Esquire (j 1""-.) C:.:-l 0 t,:: -.,.-' ~n c:.,.rl en ::? , r-J ~~1 .-<; en c~ . . . . . . . . . . . ". . . . . . . . . . . . . . . . . . . . . . . '" .. :+;~:+; ;f. . . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . PENNA. . . STATE OF . . . . . JOANNE SHANKS No. 05-645 Ci vil . VERSUS . . ROLAND SHANKS . . . . DECREE IN . . . DIVORCE . . . . . . ~(~L-I AND NOW, 7 , Zno.\~ IT IS ORDERED AND . . . . . . DECREED THAT Joanne Shanks , PLAINTIFF, . . . . . AND Roland Shanks , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . The Se aration and Pro ert Settl...,ent A reernent shall be incorporated, but not merqed, int.a~lthis Decree in Divorce. ATT , ,.'~ G<<! Td a ~~- J. PROTHONOTARY .. . Of. '+''+''f.'f'f.'+''+':+o '+' 'I' '+' Of,+,,*,:+: . . Of;!;",,+, . Of.:f.:+: ~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . l' 'f' +:+ -P ~~}L, 5c?- &'j ~p~~kh'm 5(7' 6b -' - .,. ~,.,..- , \,'.., , . '. ..,,~. , : JOANNE SHANKS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V5. CIVIL ACTION - DIVI)RCE NO. 200S - 645 CIVIL TERM ROLAND SHANKS, IN DIVORCE Defendant AMENDED OUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the Retirement Plan, the assets of which are held by the Ministers and Missionaries Benefit Board. 2. The Court intends this order to be a Qualified Domestic Relations C'QDRO") as defined under Section 414(p)(1)(A) of the Internal Revenue Code of 1986, as amended (the "Code"). 3. For purposes of this Order, the following words and phrases shall have the following means: a. The term "Member" means Roland M. Shanks whose last known address is 1003 Third Street, Walla Walla, Washington 99362 whose date of birth is September 4, 1949 and his Social Security Number is 567-76-2768 b. The term "Alternate Payee" means JoAnne Shanks whose last know address is 1128 Fernwood Avenue, Camp Hill, Pennsylvania 17011 whose date of birth is July 18, 1957 and her Social Security Number is 556-74-7298 c. The term "Board" means The Ministers and rvlissionaries Benefit board (MMBB), 475 Riverside Drive, Suite 1700, New York, New York 10115- 0049. .' d. The term "RP" means the Retirement Plan of the Board. e. The term "Plan Administrator" means the Board. 4. The Alternate Payee is the spouse (former spouse) of the Member. 5. This Order is entered pursuant to the provisions of the Pennsylvania Divorce Code, 23 Pa. C.S.A. Section 3501 et seq. governing the division of marital property (as that term is defined therein) between spouses and former spouses in divorce actions. 6. Pursuant to Section 14.06 of the RP, this Order creates and recognizes the Alternate Payee's right to thirty-three and one third percent (33 1/3%) of the Member's account balance in the RP as of July 1, 2005. The amount to which the Alternate Payee has a right pursuant to Paragraph 6 shall be removed from the Member's accounts in the RP and held in separate but comparable accounts in the RP in the name of the Alternate Payee. 7. Unless otherwise elected pursuant to Paragraph B (a) below, the Alternate Payee's benefit described in Paragraph 6 above shall be paid in the form of a single-life annuity for the Alternate Payee's remaining life, commencing as of the Alternate Payee's 65th birthday. S. With respect to the Alternate Payee's interest in the RP created by Paragraph 6 of this Order above, the Alternate Payee shall have the sole and exclusive right: a. to elect, in accordance with the terms of the RP to receive payment from the RP of the benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the RP to the Member (other than in the form of a joint and survivor annuity with respect to the Alternate Payee and his or her subsequent spouse). Payments to the Alternate Payee pursuant to this Order shall commence on any date elected by the Alternate Payee (and such election shall be made in accordance with the terms of the RP)), but not earlier than the Member's earliest retirement age (or such earlier date as allowed under the terms of the RP), and not later than the 2 " date the Member would be required to commence benefits under the terms of the RP. For the purposes of this Order, with respect to benefits provided under each such plan, the Member's earliest retirement age shall be the earlier of (1) the date on which the Member is entitled to a distribution under the RP, or (2) the later of (1) the date the Member attains age 50, or (2) the earliest date on which the Member could begin receiving benefits under the plan if the Member separated from service: b. to designate the beneficiary who shall be entitled to receive the amount, if any, that is payable under the RP in the event of the Alternate Payee's death, without regard to any beneficiary designation by the Member with respect to the Member's interest in the RP; and c. to direct, in accordance with the terms of the RP, the benefits assigned to the Alternate Payee under this Order. 9. Nothing contained in this Order shall be construed to require the RP or the Plan Administrator: a. to provide any type or form of benefit or any option, not otherwise provided under the RP; b. to provide increased benefits (determined on the basis of actuarial value); or c. to pay any benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another order previously determined by the Plan Administrator to be a QDRO. 10. This Order is intended to be a QDRO as defined under the Code and its provisions shall be administered and interpreted in conformity with the Code and Section 14.06 of the RP. 11. The Court retains jurisdiction over this matter to amend this Order in order to establish and maintain its qualification as a QDRO under the Code. 12. In the event that this Order is determined by the Plan Administrator, a 3 ." court of competent jurisdiction or otherwise, not be be a QDRO as defined under the Code, both the Member and the Alternate Payee shall cooperate fully and execute any and all documents necessary to obtain an amended order which is a QDRO. By the Court, J CONCURRENCE: ~A'~ Roland M. Shanks ~.flAt ~ JoAnne Shanks 4 SEP J 3 200' (") ,.., 0 c..::> C~ C:;":) " <-" '- 0 -< ::r.: " 1"11 :JJ -< r- '-nrn I :fler' ,J:.'- (:_~(;) -,- "-1 -,.-, <}~~ ,"--\ rn -- '- L~ ~.::! ~,_. c- dE -.-} -~ CO =< court of competent jurisdiction or otherwise, not be be a QDRO as defined under the Code, both the Member and the Alternate Payee shall cooperate fully and execute any and all documents necessary to obtain an amended order which is a QDRO. By the Court, J CONCURRENCE: ~~~ .;Roland M, Shanks ~MtL ~, JoAnne Shanks L~ tF? :s~ C\ \ 4 SEP 2 S 200' CjS~ -Z [' o c ~."} ~-, c:;:;;. 0:0 c..n o -n -I :C-n n'p ::~;P:~ ('~) 1: ~',,~\ ~.J ::_~ ;~) ~;r(-\ :D -< o {-) -1 I ...C'- _on UJ <- CD