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HomeMy WebLinkAbout05-1198 CAROL BEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. . ; NO. OS - In? C/(_jLL~~ MICHAEL L. BEAL, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, 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, Cumberland County Courthouse, Carlisle, PA. 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 LA WYERA TONCE. IF YOU DO NOT HAVE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 S1 NO TIENE EL DINERO SUF1CIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELFONO A LA OF1C1NA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENC1A LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act ofl990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty A venue Carlisle, PA 17013 (717) 249-3166 CAROL BEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05' - If qy MICHAEL L. BEAL, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Carol Beal, by and through her attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: I. The Plaintiff, Carol Beal, is an adult individual who resides at 402 Boxwood Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Mike Beal, is an adult individual who resides at 125 Heron Way, Carlisle, Cumberland County, Pennsylvania, 17013. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 9/25/93. 5. Plaintiff avers that there are no children to the parties. 6. The Plaintiff and Defendant are both citizens ofthe United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about 2/15/05. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and Defendant. Respectfully Submitted, .- Dated: 3131()~ I I ;(~~ t. ~~~&: Marianne E. Rudebusch, Esquire ..... 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 CAROL BEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. MIKE BEAL, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. .~ By: Carol Beal ~. "--... " Date: ~/ ~/6,~'7 7J \\- ...... ~ --t ~ -C:.. " lr) ~ 4q. - ..(J \) Vi ~ F- ~ --..... .-' c:.:) p c...fl g o -n -", :r:~ p1r:.:'. r"\ , :gt:::) -l1;?\I~') "r: :;:-11 ;I '~;S ~A .r:- ......\ N ~~ C;:, - =~ ~ - CAROL A. BEAL, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1198 CIVIL TERM MICHAEL 1. BEAL, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAF:ClPF: TO F:NTF:R APPF:ARANCF: TO THE PROTHONOTARY: Kindly enter the appearance of Jeanne B. Costopoulos, Esquire, as attorney of record for Defendant, Michael 1. Beal, in the above captioned matter. Dated: 1 f /0 S ~,""'~,::: 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 . CAROL A. BEAL, Plaintiff : THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1198 CIVIL TERM MICHAEL L. BEAL, Defendant : CIVIL ACTION - LAW : IN DIVORCE C:FRTTFTC:ATF OF SFRVTrF I, Jeanne B. Costopoulos, Esquire, hereby certifY that I am this day serving a copy of the foregoing document upon the persons, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 BY: ~ ~ ---- Dated: V;/2;(; 5- Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 ....., c':;~ r::::.., <.rl c> -iJ .-1 :_T~ '"Tl r;;l~:- ~~ :::;:; w (..11 \.D CAROL BEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-1198 CIVIL TERM MICHAEL L. BEAL, Defendant : CIVIL ACTION - LA W : DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3~Ol(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 7,2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I 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. Dated: ruNe 3 J ZoO~ Signature: ~ 0<. ~ MIC L L. BEAL /'...;) ?5 ~ \:.::~.", ~ c.) 1'0 C.~: CAROL BEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-1198 CIVIL TERM MICHAEL L. BEAL, Defendant : CIVIL ACTION - LA W : DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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! 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. 4. 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. Dated: J{) Ne 3 / (') 0 G,. I Signature: ~ 0<- &uJ2 MIC L L. BEAL t""'-_..") ~"'l () (:3 -rt i:::;X..... -r: =-1-: c~~") r,,-, c...:; v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1198 CAROL BEAL, Plaintiff MICHAEL L. BEAL, Defendant : CML ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 3/7/05. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal 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 authorities. Date: 10-/9. Of(; ~~ Carol Beal--------- (.....~ r~:. ,....) co ~?\ .-\ ~-.--, ?t\e:", -(1"':- -:.,'.....( .-~-,>.<;) \::;~\}) -~~ ~" n -c,-, , ( .i -;- -- "-,>0 C;) C.:: ~. ..<- CAROL BEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 05-1198 MICHAEL L. BEAL, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF mE 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! do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. Date: ro .-{ 9 ~ fp ~_. C.::- Carol Beal o c;~ ,-i' ~ q ~ir-, l.-;::; ~ -0 _r~ ~ --'.." --', ~- " " [e, ".~, ~ -' t ,. ~n --:: - ~l~ ~;;:'. ,-", " o .(...,) ( "-,. e'C) :~;': en ~~;:\ :~ CAROL BEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05-1198 CIVIL TERM MICHAEL L. BEAL, Defendant : CIVIL ACTION - LAW : DIVORCE MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT is made this ;}'1i A- day of -f\,lO ' 2006, by and between MICHAEL L. BEAL, born May 19, 1964, (hereinafter referred to as "Husband") and CAROL BEAL, born December 8, 1966, (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 25, 1993. WHEREAS, there are no children born of their marriage. WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, . the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: I. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective attorneys. Wife represents that she was represented by Marianne E. Rudebusch, Esquire, in reaching this Agreement, and Husband represents that he was represented by Jeanne B. Costopoulos, Esquire, in reaching this Agreement. Both parties represent that the terms of this Agreement have been fully explained to them by their respective counsel, and that each fully understands the facts and has been fully informed as to his or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and that is being entered into freely and voluntarily, after having received such advice and with such knowledge, and that the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has been fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or possessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and being fully advised of his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth herein are fair, just and equitable to each of the parties, and waives his and her respective right to have the Court of Common Pleas of Cumberland County, Pennsylvania, or any other court of competent jurisdiction, make any determination or order affecting the respective parties' rights to alimony, alimony pendente lite, support and maintenance, equitable distribution, counsel fees and costs of litigation. 2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has discussed with counsel the concept of marital property under Pennsylvania law and each is aware of his or right to have the real and/or personal property, estate and assets, earnings and income ofthe other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly or in the name of one party alone. Each party agrees that any right to further disclosure, valuation, enumeration or statement hereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereinafter acquired by the other. 4. MUTUAL CONSENT DIVORCE. The parties acknowledge that on March 7, 2005, Wife filed a divorce action under the no-fault provisions of the Divorce Code in the Cumberland County Court of Common Pleas docketed at No. 05-1108 Civil Term. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to their divorce and thus this or any other divorce action with respect to these parties shall be limited to a claim for divorce only. The parties agree that upon the expiration ofthe ninety (90) day waiting period provided for under Section 3301(c) of the Divorce Code, each will sign an Affidavit of Consent to Divorce and Waiver of Notice of Intention to Request Entry of Divorce Decree and deliver same to counsel for Wife, who shall promptly submit said affidavits and waivers to the court along with a Praecipe to Transmit Record and any and all other documents necessary to precipitate the prompt entry of a divorce decree. 5. EQUITABLE DISTRIBUTION. (a) Personal Iniury Settlement. Husband and Wife hereby agree and acknowledge that Wife received a post-separation settlement of a personal injury demand in the amount of $23,889.66, which was placed in escrow with Jeanne B. Costopoulos, Esquire. The parties agree said escrowed funds in the amount of $23,889.66 and arising from Wife's personal injury suit shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband. These funds shall be distributed to Wife within three (3) days from the execution of the Marriage Settlement Agreement. (b) Marital Residence. Husband and Wife hereby agree and acknowledge that they owned certain real property located at 125 Heron Way, Carlisle, Cumberland County, Pennsylvania, as tenants by the entireties. The property was sold in May 2005 and the net proceeds in the amount of $4,380.64 were placed in escrow with Jeanne B. Costopoulos, Esquire. The parties agreed to pay Americredit $2,463.00 from said escrow to settle an overdue marital debt. The parties agree said escrowed funds in the amount of$I,917.64 and shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. (c) Furnishin2S and Personaltv. The parties agree that they have divided by agreement between themselves all furnishings and personalty, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment. Any personalty or furnishings remaining in Wife's current residence as of the execution date of this Agreement shall be and remain Wife's sole and separate property, free of any and all right, title, claim or interest of Husband. Any personalty or furnishings now located in Husband's current residence as of the execution date of this Agreement shall be and remain Husband's sole and separate property, free of any and all right, title, claim or interest of Wife. (d) Motor Vehicles. Husband agrees that Wife shall retain possession of and receive as her sole and separate property any vehicle( s) she currently drives, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and hold Husband and his property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with said vehicle( s). Wife agrees that Husband shall retain possession of and receive as his sole and separate property any vehicle(s) he currently drives, along with all rights under any insurance policies thereon and with all responsibility for payment of any outstanding indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or interest of Wife. Husband shall indemnifY and hold Wife and her property harmless from any and all liability, cost or expense, including actual attorneys fees, incurred in connection with said vehicle(s). (e) Life Insurance. Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any and all policies of insurance owned by or insuring the life of the other, including cash surrender value, if any, and also specifically to include a waiver of any beneficiary designation thereunder. (t) Pension and Retirement Benefits. Husband participates in the Teamster's Pension Fund, which was a Defined Contribution Plan until December 31, 2002. Effective January 1, 2003, the Plan changed to a Defined Benefit Plan. Wife shall receive fifty percent (50%) of the marital portion of these plans as calculated by Harry Leister, Jr. F.S.A. Harry Leister shall prepare a Qualified Domestic Relations Order (QDRO) for the transfer of these benefits to Wife and the cost of such QDRO shall be paid solely by Wife. Husband shall make available to Wife or her counsel, in a timely manner, all documents necessary to calculate the value of the marital portion of these funds. Wife hereby releases any interest that she has in the 401(k) Plan established by Husband after the date of separation. Husband hereby releases any interest that he has in the retirement benefits of Wife accumulated as the result of her employment by Panera Bread and any other additional benefits she may have accrued. Other than as set forth above, Wife and Husband each hereby specifically releases and waives any and all right, title, claim or interest that he or she may have in and to any other retirement benefits of either party (including but not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans, employee savings and thrift plans, individual retirement accounts or other similar benefits), specifically to include a waiver of any spousal annuity benefits and/or beneficiary designations thereunder. The parties agree that they shall execute any documents pursuant to the Retirement Equity Act or any similar act that may be required from time to time to accomplish the purposes of this subparagraph. (g) Cash Accounts. Stocks and Investments. (1) Wife agrees that Husband shall retain as his sole and separate property, free from any and all right, title, claim or interest of Wife, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Husband's name alone. (2) Husband agrees that Wife shall retain as her sole and separate property, free from any and all right, title, claim or interest of Husband, any and all stocks, bonds, investments, sums of cash in savings or checking accounts, mutual funds, stock accounts, or any other assets of a similar nature which now are titled in Wife's name alone. (3) Both parties agree that neither shall access the other's financial accounts in any manner, whether electronically or by other means. All joint financial accounts have been closed and the proceeds divided between the parties. Further, each party warrants and represents that all joint credit accounts have been closed and the balances on those accounts paid in full or have been included or will be included in the parties' respective bankruptcy petition. Each party warrants and represents that he and she have paid in full all obligations on joint credit accounts for which the other party was liable or, in the alternative, that said accounts were or will be resolved through bankruptcy proceedings. (h) Miscellaneous ProDertv. As of the execution date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. (i) ProDertv to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. (j) ProDertv to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. (k) Assumotion of Encumbrances. a. Commencing on the execution date of this Agreement, Husband shall be solely responsible for any and all personal liabilities not listed herein he has incurred before, during, or after the marriage and agrees to indemnify, save and hold Wife and her property harmless from any liability, loss, cost or expense whatsoever relating to debts he has personally assumed before or during the marriage and will assume in the future. b. Wife shall be solely responsible for any and all personal liabilities not listed herein she has incurred before, during, or after the marriage and agrees to indemnify, save and hold Husband and his property harmless from any liability, loss, cost or expense whatsoever relating to debts she has personally assumed before or during the marriage and will assume in the future. c. Unless otherwise provided herein, each party hereby assumes the debts, encumbrances, taxes and liens on all the property each will hold subsequent to the effective date of this Agreement. Each party agrees to indemnify and hold harmless the other party and his or her property from any claim or liability that the other party will suffer or may be required to pay because of the debts, encumbrances or liens assumed by the other pursuant to this Agreement. (I) Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnifY and hold the other party and his or her property hannless from any and all such debts, obligations and liabilities. Any joint debts, obligations or other liabilities not described in this Agreement shall be assumed by Husband who agrees to indemnifY, save and hold Wife and her property hannless from any liability, loss, cost or expense whatsoever relating to said debts. (m) Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnifY her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by Wife in connection therewith. (n) Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or proceeding, whether or not well-founded, and indemnifY him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and reasonable attorney fees actually incurred by Husband in connection therewith. (0) Warranty as to Future Oblie:ations. Husband and Wife each represents and warrants to the other that he or she will not any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. Each party hereby agrees to indemnify, save and hold the other and his or her property hannless from any liability, loss, cost or expense whatsoever, including reasonable attorney fees actually incurred in the event of breach hereof. 6. SPOUSAL SUPPORT / ALIMONY PENDENTE LITE / ALIMONY. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which he or she may have now or hereafter by reason of the parties' marriage to alimony, alimony oendente lite, support and/or maintenance or other like benefits resulting from the parties' status as husband and wife. The parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court oflaw or equity, it being understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance ofthe other. The parties agree that as of the execution date of this agreement, any arrears existing under the terms of the Domestic Relations Order at Cumberland County Court of Common Pleas docket no. 00169 S 2005, PACSES no. 500107168 are waived and shall be canceled immediately. Wife shall take prompt action to cancel said arrears following execution of this Agreement and she shall promptly return to Husband any funds which are received subsequent to the execution date of this agreement. 7. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be solely responsible for his or her own legal fees, costs and expenses incurred in connection with their separation and/or the dissolution of their marriage, and the preparation and execution of this Agreement. 8. TAX CONSIDERATIONS. The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. The parties filed joint federal and state tax returns until 2005. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold hannless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 9. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This waiver shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction, and shall include all rights under the Pennsylvania Divorce Code. 10. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise specifically set forth in this Agreement, each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 11. RELEASE OF CLAIMS. (a) Wife and Husband acknowledge and agree that the property dispositions provided for herein constitute an equitable distribution of their assets and liabilities pursuant to ~3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other party pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with full power in him or her to dispose of the same fully and effectively for all purposes. (b) Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either party may have or at any time hereafter has for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. (c) Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. (d) Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12. PRESERVATION OF RECORDS. Each party will keep and preserve for a period offour (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 13. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 14. BREACH. If either party to this Agreement resorts to a lawsuit or other legal action pursuant to the provisions of the Divorce Code or otherwise to enforce the provisions of this Agreement, the prevailing party shall be entitled to recover his or her reasonable out of pocket expenses, including but not limited to reasonable counsel fees, actually incurred, from the other as a part of the judgment entered in such, as the same shall be determined by the Court, unless the Court determines that the action was reasonable instituted and defended, and, in that event, the parties shall bear their own expenses and attorney fees. Provided, however, that neither party shall be liable for the other parties' expenses incurred in any child custody or child support action instituted to change the parties' respective rights and obligations with respect to child custody or child support as specifically set forth in this Agreement. 15. WAIVER OF BREACH. The waiver by one party of any breach ofthis Agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 16. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by certified mail, return receipt requested, or alternatively may be effected by regular mail to the party's attorney of record. . 17. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict oflaw rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 18. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 19. EFFECTIVE DATE. This Agreement shall become effective and binding upon both parties on the execution date. " 20. EFFECT OF RECONCILIATION. COHABITATION OR DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. 21. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 22. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 23. ENTIRE AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement, including any and all other documents to which it refers, such other documents being incorporated herein by reference; that he or she has discussed its provisions with an attorney of his or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney; and that this instrument expresses the entire agreement between the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 24. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, . , tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all reasonable attorney fees, costs, and other expenses actually incurred as a result ./ of such failure. 25. ENFORCEMENT RIGHTS. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of their acknowledgments. WITNESS ~ :t &..e(SEAL) ichael 1. Beal ~i1'+ WITNESS ~ ~EAL) Carol Beal COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND On this, the -1~it day of J1JtJj ,2006, before me, a Notary Public, personally appeared i(~hlll Lt. ~ L , known to me to be the person whose name is subscribed to the within document and acknowledged that he executed the foregoing for the purpose therein contained. NTAIAL L CAROLE A ROSE Notary Public TWSP OF LOWER ALLEN CUMBERLAND cOUNTY M CommiSSIon E rei oat 21. 'J!1J7 ..J IN WITNESS WHEREOF, I have hereunto set my hand and official seal. \ r fllA")l.L Q. e-o~ Notary Public My Commission Expires: ~f. VI 2f:J::J7 -- I .: i "~ t:1(_) ,,'_.,""..._....",_..,.,..~. <~. ,".J ., n -';1 --4 M~ :TJ , "t ') : ~; w -") r,,"' l~ '} _.; ~ .... Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff CAROL DEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-1198 MICHAEL L. DEAL, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 330l(c) of the Divorce Code. 2. Date and manner of service of the complaint:. March 14. 2005: Certified! Restricted Delivery. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 330l(c) ofthe Divorce Code: by Plaintiff, 6/19/06 ; by Defendant, 6/3/06 . . ... (b)( 1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: N/A. (2) Date of filing and service of the affidavit upon the respondent: N/A. 4. Related claims pending: All claims were resolved by Marriage Settlement Alrreement dated 5/23/06 . 5. Complete either (a) or (b). (a) Date and manner of service of the Notice oflntention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 6/20/06 Date Defendant' s Waiver of Notice in Section 3301 ( c) Divorce was filed with the Prothonotary: 6/14/06 By: JMM~~ r 2JJ..C~A~ I Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 ld. No. 63522 Attorney for Plaintiff Dated: (C. ~. 0 If C) ~:~. .- 1'-_'" = ,.:~::.> c.c""- :-:r:1 '. ;_1 r-..> ~D r,'? \",) r< t o . Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 717-657-0632 rd. No. 63522 Attorney for Plaintiff CAROL DEAL, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 05-1198 MICHAEL L. BEAL, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE Marianne E. Rudebusch, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 14th day of March 2005, she did serve upon, Michael L. Beal, Defendant in the foregoing case, a true and correct copy ofthe Complaint in Divorce by sending a copy by First Class Mail, postage pre-paid, certified/restricted delivery to the Defendant. The "Green Card" is attached to this Affidavit of Service. . . Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer within twenty (20) days from the date of service or the matter would proceed without him. Sworn to and subscribed before ~matlday of , 2006. ~~~'1irf Notary Public N01ARIAL SEAL l~~W~~~tN \~~: ~m~~~{8g~~ MY COMMISSION EXPIRE . BY:~~ ?oiI.t\J~~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, P A 17109 (717) 657-0632 Id. No. 63522 , - . . ~ . . Ollhlplele Items 1. 2, and 3. AIoo compIele 11Im 411 FIoeldcbed 0eIIv8ry Is deelnod. . Pltntyour _ and lIddr-. on ~.m!lfll8 _lhIIt,.,. cen 1'lIlum'" ClIIlUIlYc\u.-' .... " . Mach this C8rd III the blIljk 01... . on the fIIlnIlI eplIIl8 " . 1. _Aoddl ! 110: 1 Michael 1. Beal , 125 Heron Way \ Carlisle, PA 17013 0.lIdo1vo1y__flanIlom1? \ If YES,...... doIIVOly __ boIow: ! . ..y" ~;.. 3.~ 'C~:- - 4. - . T c~_ C floIIm RecoIplIor Moo I . C 0.0. ,r r ... I. --- 71l1l3 1l51l1l 1l1l1l4 2291 11452 ~-......~ .. ,.", 3811. February 2004 . __ RoIum ~ l' ...1.. .I '-, ( , -a ~ "2 (f. -" '.:<: ~ ? ;.::. '$ .. , ..J-) -,"" , o -,i -~ ::r:--rl ~1~_'.\~~ , ,) f;0' CAROL BEAL : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL L. BEAL : NO. 2005 - 1198 CIVIL TERM : CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 6TH day of JULY, 2006, it appearing to the Court that the Defendant's affidavit of consent was executed within ninety days (90) of the service of the complaint the request for the entry of a divorce decree is DENIED without prejudice. Edward E. Guido, 1. ~ianne E. Rudebusch, Esquire For the Plaintiff :sld ~anne Costopoulos, Esquire ~ For the Defendant hi " " :\1 o . . . .. . . IN THE COURT OF COMMON PLEAS . OFCUMBERLANDCOUNTY . STATE OF . PENNA. . . CAROL BEAL, . . . Plaintiff No. O'i-llQA . . VERSUS . MICHAEL L. BEAL, . . tJefendant . . . . . . DECREE IN DIVORCE ~ 3: ~~.,.II . . . . . . . . . . . . AND NOW, .:r ~--1 . c)-. ,2006 ,IT IS ORDERED AND . DECREED THAT PLAI NTI FF, Carol Beal . . . . . . . t1ichael L. /Seal AND 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 attached Marriage Settlement Agreement dated 5/23/06 is . . incorporated but in lbi vorce. . . . . . . . ATTEST:~ "I!?.~ ~AM K.~~ 9y PROTHONOTARY . . . . . J. . . . . . ~~~w~ p'-9~ ~~ ~I?'h/'L ~ P? ~'l>-:,~.~ ~~'A/'L . I .) "~~ ~ OCT 81 2006 jill . ' , , VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DIVORCE CIVIL ACTION - LAW Carol Beal Michael L. Beal NO. 05-1198 CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987 QUALIFIED DOMESTIC RELATIONS ORDER I. Identifying Information 1. The Participant is Michael L. Beal. The Participant's Social Security number is 173-56-6483. The Participant's address is 111 Windchester Gardens, Carlisle, PA 17013. 2. The Alternate Payee is Carol Beal. The Alternate Payee's Social Security number is 186-60-6828. The Alternate Payee's address is 402 Boxwood Court, Mechanicsburg, PA 17050. The Alternate Payee's date of birth is December 8, 1966. 3. This Order applies to benefits under the Central Pennsylvania Teamsters Retirement Income Plan 1987. 4. The parties were married on September 25, 1993, and separated on February 15, 2005. 5. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Benefits 1. The Central Pennsylvania Teamsters Retirement Income Plan 1987 shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. The Alternate Payee shall receive a benefit equal to $80,498 of the Participant's vested account balance as of December 31, 2005. 2. The Fund shall separately account for the benefits awarded in Paragraph 1 of this Section II as soon as administrable after this Order is determined to be a QDRO. The Alternate Payee shall be credited with net income, loss or expense from December 31, 2005. 3. The Alternate Payee may elect to receive payment from the Plan in any form in which benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 4. The Alternate Payee may select a beneficiary to receive her benefits in the event the Alternate Payee should die prior to receiving all of her benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die \ . . . '''1 -" QDRO Page 2 prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund Office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive payment from the Plan at the Participant's earliest retirement age or, if earlier, at the earliest date permitted under the Plan. For purposes of this paragraph, the Participant's earliest retirement age means the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan, or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service. III. Other Provisions 1. This Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 2. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. 3. It is recognized that the Alternate Payee may elect to commence receiving benefits before the Participant retires. If the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. ,- I 1. .') , . QDRO Page 3 EXECUTED this J.,J. day of -.J.l ~ CONSENT TO ORDER: ~ . r:J" ~~ r~~~ ql2tl00 Attorney for Plaintiff! Dat Alternate Payee /") , 200 <. . Judge -<.~ or: &C~ JO-IF-o~ Date Idj/~6 orney for DefendantJ Date Participant \;'\NV K\lS\",\ ('Bd }J U(V"/' .f';!. ,-'("I^\(V'\ -,,,. ""',' 'i,,'::dV'1\ I,J 90:\ \Ad ~- ~ONqUn! l"\'I""~"" .,,"1' ~ ::lUl..lr "tliil!,/\ ,:,u:il.,j(:lO ->f1 :>U "'If'\\.iJ:~,,.fP-\lJ :J'-j 0...-;' \".1' \.. ,:"] I:J ~ . , , /) .) OCT 81 2006 (/Ii' , . Carol Beal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. DIVORCE CIVIL ACTION - LAW Michael L. Beal NO. 05-1198 CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN QUALIFIED DOMESTIC RELATIONS ORDER I. Identifying Information 1. The Participant is Michael L. Beal. The Participant's Social Security number is 173-56-6483. The Participant's address is 111 Windchester Gardens, Carlisle, PA 17013. 2. The Alternate Payee is Carol Beal. The Alternate Payee's Social Security number is 186-60-6828. The Alternate Payee's address is 402 Boxwood Court, Mechanicsburg, PA 17050. The Alternate Payee's date of birth is December 8,1966. 3. This Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. 4. The parties were married on September 25, 1993, and separated on February 15, 2005. 5. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Pension 1. The Alternate Payee shall be entitled to 50% of the marital portion of the Participant's vested accrued benefit under the Plan as of the earlier of his date of cessation of benefit accruals or the date that the Alternate Payee commences her benefits hereunder. The marital portion of the Participant's accrued benefit shall be determined by multiplying the Participant's accrued benefit by a fraction (less than or equal to 1.0), the numerator of which is the number of months of the Participant's participation in the Plan from January 1, 2003, to February 15, 2005, and the denominator of which is the total number of months ofthe Participant's participation in the Plan as of the earlier of his date of cessation of benefit accruals or the date that the Alternate Payee commences her benefits hereunder. In addition, the Alternate Payee shall receive a pro rata share of any postretirement cost-of-living adjustments or other economic improvements made to the Participant's benefits on or after the date of his retirement. 2. The benefit shall be paid by the Plan in the form of a single life annuity over the life expectancy of the Alternate Payee determined on an actuarial basis. This form of benefit includes a three-year certain feature. If the Alternate Payee should die prior to \ / ~ . . QDRO Page 2 -~"""""" . ) ') receiving 36 months of benefits, the Plan shall pay benefits for the number of months remaining in the three-year period to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the surviving spouse, or if none, to the Alternate Payee's estate. 3. The Plan may commence payment to the Alternate Payee at the Participant's earliest retirement age. For purposes of this Order, the Participant's earliest retirement age is the earlier of (i) the date on which the Participant is entitled to a distribution under the Plan or (ii) the later of (a) the date the Participant attains age 50 or (b) the earliest date on which the Participant could begin receiving benefits under the Plan if the Participant separated from service, regardless of whether the Participant has actually retired. 4. The Alternate Payee shall be treated as the Participant's surviving spouse for purposes of the qualified preretirement survivor annuity but only in the same percentage as the percentage of the amount of the Participant's total benefits awarded to her. III. Other Provisions 1. It is recognized that the parties may need to provide certain information to the Fund Office. If the Fund Office or the Alternate Payee so requests, the Participant will cooperate with the Alternate Payee in substantiating a claim or application to the Fund and shall provide any documentation or information reasonably necessary to establish eligibility for benefits. 2. This Order is intended to constitute a qualified domestic relations order within the meaning of Section 414(p) of the Internal Revenue Code of 1986, as amended and Section 206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. 3. The Court shall retain jurisdiction to amend this Order to the extent necessary to establish or maintain its status as a qualified domestic relations order. , .. ~ l >>, ;. . QDRO Page 3 EXECUTED this 3..A. day of ~~ ~ o CONSENT TO ORDER: fl~ //$ib / IDate ~~~~~ Attorney for Plaintiff! D te Alternate Payee (~,.,. ..",;;;'. "'4;..". Judge ~' ;( bed /0 -/<g-o~ Date - Date ttorney for Defendant! Participant 80 : I l,~d 8- ^m~ 900l AU\.f' 0" ,', I' '" 'd ~'Hl' ..to '0'11 11.A)n.L......,Cl jl .. :::f;l:I,:i[c-(EilH