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HomeMy WebLinkAbout05-1620KIMBERLY A. TETER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW GARRY L. TETER, : NO. 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 h KIMBERLY A. TETER, Plaintiff V. GARRY L. TETER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Kimberly A. Teter, an adult individual currently residing at 13 Mountain View Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Garry L. Teter, an adult individual currently residing at 50 Clearview Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 6, 1995, in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant is a member of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II ALIMONY, ALIMONY PENDENTE LITE, AND COUNSEL FEES 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 13. Plaintiff is without sufficient property and otherwise unable to financially support herself through appropriate employment. 14. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Plaintiff. COUNT III EQUITABLE DISTRIBUTION 15. Paragraphs 1 through 14 are incorporated herein by reference as if set forth in their full text. 16. Plaintiff and Defendant are joint owners of various items of personal property, furniture, and household furnishings acquired during their marriage which are subject to equitable distribution. 17. Plaintiff and Defendant are joint owners of real estate located in Cumberland County, which was acquired during their marriage and which is subject to equitable distribution. 18. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitable apportioning the debts incurred by the parties. COUNT IV INDIGNITIES 19. Paragraphs 1 through 18 are incorporated herein by reference as if set forth in their full text. 20. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (6). Respectfully submitted, i Gt,k. CCU 7 da/,j Marylou a s, Esquire Attorney fo' laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. 1 _ J DATE: KIMBERLY A. TETER, Plaintiff n`?.,.J '?? ?? ?7 C_ a v .. ?t'S '? ` yy ? ? ? ?:1 ` 4 ?) ?'? ?? ?_e C?? l? ?.1 1 ?? i \p/ - ` , KIMBERLY A. TETER, Plaintiff vs. GARRY L. TETER, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-1620 CIVIL TERM IN DIVORCE PRAECIPE Please reinstate the Divorce Complaint filed in the above captioned action. Respectfully submitted, Date: S/Z-(? Carlisle, PA 17013 (717 243-5551 (800) 347-5552 Mary oU atas, Esquire Attorney or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street ?_? r?> ?} ??i ?.? L --i c.: S_T, ? Tj i-t ? = _) _ ?5 ?(rl -,?Ii; Cft :.J KIMBERLY A. TETER, Plaintiff V. GARRY L. TETER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 05-1620 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Jeanne B. Costopoulos, Esquire acknowledge that on or about OL" ';i ZeS received a copy of Plaintiffs Complaint for Divorce directed to Defendant, in the above captioned action and acknowledge that I am authorized to do so on behalf of Garry L. Teter. f1 Date: C /0-j- Jea e B. Costopoulos, Esquire T e Executive Offices at Rossmoyne 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 ra i! ti ?.7.. -sw er ' 'r.. O N KIMBERLY A. TETER, Plaintiff v. GARRY L. TETER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1620 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about March 8,2-005 and reinstated on June 2, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the reinstated 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 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the 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: , = ? " ? - ?? ;w> = ?, ,.,, _ :, , :: ?.,?a {? :7 ? ^ ... KIMBERLY A. TETER, Plaintiff V. GARRY L. TETER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1620 CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I cons;nt to the envy of a final De: ree 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. § 4904 relating to unsworn falsification to authorities. Date: ikh-OG G-.. 7 (( -.. ? ? r',. t' -? n4c1 ? -- f`,- -' ?'_ f f Us . l &,;) G PROPERTY SETTLEMENT AGREEMENT BETWEEN KIMBERLY A. TETER AND GARRY L. TETER I:\Jeanne'\Clients\Teter-G\PSA.wpd MARIA P. COGNETTI & ASSOCIATES JEANNA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 November 6, 2006 Attorneys for Defendant KIMBERLY A. TETER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-1620 GARRY L. TETER, CIVIL ACTION - LAW Defendant IN DIVORCE PROPERTY SETTLEMENT AGREEMENT -r, THIS AGREEMENT, made this I ` day of , 200,/, by and between Kimberly A. Teter of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE") and Garry L. Teter of Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "HUSBAND"): WITNESSETH: WHEREAS, the parties were married on May 6, 1995, in Cumberland County, Pennsylvania; and WHEREAS, two children have been born of this marriage, namely, Jessica Ann Teter, born November 3, 1998, and Alyssa Marie Teter, born September 2, 2000; and Wife's Initials: Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and 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 by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters between them relating to the past, present, and future support 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 the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other valuable consideration, receipt 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: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference Wife's Initials: JF -2- Husband's Initials: f 7 I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 whatsoever by the other. Neither party shall molest the other nor endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do nor say anything to the children of the parties at anytime which might in any way influence the children adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. SUBSEQUENT DIVORCE: HUSBAND and WIFE acknowledge that a divorce action was filed by WIFE in the Court of Common Pleas of Cumberland County, Pennsylvania, to Docket No. 05-1620. HUSBAND and WIFE agree that their marriage is Wife's Initials: -3- Husband's Initials: I:\Jeax e'\Clients\Teter-G\PSA.wpd November 6, 2006 irretrievably broken and that it shall be dissolved pursuant to §3301(0) of the Divorce Code of 1980. The parties, therefore, agree to the following: A. Simultaneously with the execution of this Agreement, both HUSBAND and WIFE shall have executed an Affidavit consenting to the entry of a final Decree in Divorce. Further, both parties shall execute a Waiver of Notice of Intention to Request Decree under §3301(c) of the Divorce Code of 1980. B. WIFE shall cause the Affidavits and Waivers to be filed of record and the divorce finalized in accordance with Subparagraph "C" below. C. Within seven (7) days following receipt of the written notification from the Plan Administrator indicating that the QDROs called for hereafter have been approved, WIFE shall take the steps necessary to transmit the records for entry of the Divorce Decree. D. The right to request counseling is hereby waived by the parties. 4. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be Wife's Initials: ??' -4- Husband's Initial I:\Jeanne'\Clients\Teter-G\PSA.wpd Novesber 6, 2006 incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for Wife's Initials: -5- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 All time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or 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 a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relationship or otherwise, except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of Wife's Initials: -6- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; Marylou Matas, Esquire, for WIFE, and Jeanne B. Costopoulos, Esquire, for HUSBAND. WIFE and HUSBAND acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. Wife's Initials: -7- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. BANKRUPTCY/DEBT OF THE PARTIES: The parties acknowledge that they were granted a discharge of their marital debt under section 727 of Title 11 of the United States Code (the Bankruptcy Code). As to any debt not discharged in the parties' jointly filed bankruptcy: Wife's Initials: -8- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 HUSBAND hereby indemnifies WIFE against, and agrees to assume the sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except as provided herein. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit of herself, except as provided for herein. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 12. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession nor Wife's Initials: -9- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 13. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 14. STOCKS/SAVINGS BONDS: The parties agree that any stocks or savings bonds held in that party's name alone shall remain the sole and exclusive property of that party. The parties further agree that neither of them shall have any further claim or interest in the aforementioned bonds and agree that neither party will assert any such claim in the future. Wife's Initials: -10- Husband's Initials: I:\Jeanne•\Clients\Teter-G\PSA.wpd November 6, 2006 15. RETIREMENT/ PENSION: HUSBAND is presently covered under three (3) different retirement plans, namely, the Central Pennsylvania Teamsters Pension Fund's Retirement Income Plan of 1987, the 2000 Defined Benefit Plan, and the Current Defined Benefit Plan. As such, he is entitled to certain benefits upon retirement. As part of the equitable distribution of property arising out of the marital relationship between HUSBAND and WIFE, HUSBAND agrees that upon his retirement WIFE shall be entitled to receive a fifty (50%) percent interest in the aforementioned retirement assets accrued as of March 4, 2005. The parties agree that the transfer to WIFE shall be effectuated in a manner which shall not cause the funds to lose their tax-free status, and that the transfer shall be made pursuant to three (3) separate Qualified Domestic Relations Orders (hereinafter referred to as "QDROs"). The QDRO's shall be entered by Stipulation within ninety (90) days of the execution of this Agreement. Said QDROs shall be prepared at WIFE's sole expense. After transfers to WIFE have been made pursuant to this paragraph, all remaining benefits in HUSBAND's retirement accounts shall become HUSBAND's sole and separate property to which WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. HUSBAND agrees that any monies which WIFE has acquired through her interests in either Individual Retirement Accounts (IRA's), pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through her present or past employer shall remain Wife's Initials: -11- Husband's Initials: s I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 her sole and exclusive property. HUSBAND agrees to waive any interest he may have in such property and further agrees that he will not assert any such claim in the future. 16. MOTOR VEHICLES: The parties hereby agree that as to any vehicles titled in the sole name of one of the parties hereto, the party not having title thereof hereby waives, releases, relinquishes and forever abandons any and all claim therein and acknowledges that the party having title of such vehicle(s)shall be the sole and exclusive owner thereof. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective vehicle(s). 17. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 18. COUNSEL FEES: Except as provided herein, each party hereby indemnifies and agrees to indemnify and hold the other free and harmless against the claims of any attorney or person who rendered or claims to have rendered services to him or her in connection with the divorce proceeding and the negotiation of this Agreement or otherwise. Wife's Initials: -12- Husband's Initials: Ai I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 19. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless 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. 20. TAX ADVICE: Both parties hereto hereby acknowledge and agree that they have had the opportunity to retain their own accountants, certified public accountants, tax advisor, or tax attorney with reference to the tax implications of this Agreement. Further, neither party has been given any tax advice whatsoever by their respective attorneys. Further both parties hereby acknowledge that they have been advised, by their respective attorneys, to seek their own independent tax advice by retaining an accountant, certified public accountant, tax attorney, or tax advisor with reference to the tax implications involved in this Agreement. Further, the parties acknowledge and agree that their signatures Wife's Initials: -13- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd to this Agreement serve as their acknowledgment that they have read this particular paragraph and have had the opportunity to seek independent tax advice. 21. WAIVER OF ALIMONY: HUSBAND and WIFE recognize and November 6, 2006 acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support and counsel fees, except as specifically provided for herein. 22. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 23. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or Wife's Initials: ?l t -14- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 24. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party 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 interests, rights and claims. 25. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 26. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an Wife's Initials: Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 27. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 28. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all Wife's Initials: -16- Husband's Initials: Y/- w • I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 29. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 30. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. 31. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 1 Wife's Initials: -17- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 32. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 33. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. l v (SEAL) WI S (SEAL) WITNESS Wife's Initials: -18- Husband's Initials: I:\Jeanne'\Clients\Teter-G\PSA.wpd November 6, 2006 COMMONWEALTH OF PENNSYLVANIA) )SS: COUNTY OF LLrx ber I (?- mtiD? ) A00 q On this, the day of _, 299fr, before me, a Notary Public, the undersigned officer, personally appeared 'mberly A. Teter, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. 'N0 BHARAB.C?>!A Notary Public sk Bo% Commissi on Expires Jam 7, H COMMONWEALTH OF PENNSYLVANIA) )SS: COUNTY OF (:!f'afLk-kI n ) On this, the I t-k-` "day of _no 'f 4._rf -cr , 2006, before me, a Notary Public, the undersigned officer, personally appeared Garry L. Teter, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. CO MONWEALTH OF PENNSYLVANIA NOTARIAL SEAL F NIFER R. SIGLER, Notary Public of CMmbwsbu% Franklin County CWAfts a Expires July 15, 2010 Not ? blic Wife's Initials: -19- Husband's Initials: ?/ ' O ,-' C) KIMBERLY A. TETER, Plaintiff GARRY L. TETER, JR., Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed March 29, 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. 1 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: 8/ 1 / U?' : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1620 : CIVIL ACTION - LAW : IN DIVORCE ?M4?j jtaA---,- Kimberly A. Tet PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 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: Kimberly A. Teter ? o O "T7 "C} ? r ,-?-? ; , .,., ?+' ? e.. , ' G'7 rn .? (%) ?i "< ? `'? ? ?? ? ?- ,. ?e r"` r ?__ f { _ _. .? t ,=? "tl ''? `? FT1 0 KIMBERLY A. TETER, Plaintiff V. GARRY L. TETER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1620 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 June 3, 2005, via certified mail. Proof of service was filed with the Court on June 13, 2005. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: August 1, 2007 and filed with the Prothonotary on August 7, 2007. By Defendant: November 11, 2006 and filed with the Prothonotary on November 27, 2006. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: August 1, 2007 and filed with the Prothonotary on August 7, 2007. By Defendant: November 11, 2006 and filed with the Prothonotary on November 27, 2006. SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Ma aitas, Esqu" Supre urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 c ° o ?' ? ? c`r `:- . N ? ?n .3' ? ?? ?.. IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF PENNA. KIMBERLY A. TETER -\ PLAINTIFF VERSUS GARRY L. TETER, JR. DEFENDANT No. 05-1620 DECREE IN DIVORCE AND NOW, ka Q Is 1L uo , IT IS ORDERED AND DECREED THAT KIMBERLY A. TETER PLAINTIFF, AND GARRY L. TETER, JR. DIEFENDANT, 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 terms of the Separation and Property Settlement Agreement) dated august 1, 2007 are incorporated, but not merged,, into this DeIcree in Divorce. ATTEST: ROTHONOTARY BY THE COURT: ..1i KIMBERLY A. TETER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1620 GARRY L. TETER, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987 QUALIFIED DOMESTIC RELATIONS ORDER I. Identifying Information 1. The Participant is Garry L. Teter, Jr. The Participant's social security number is xxx-xx-2123. The Participant's address is 17 Garber Street, Chambersburg, PA 17201. 2. The Alternate Payee is Kimberly A. Teter. The Alternate Payee's social security number is xxx-xx-4769. The Alternate Payee's address is c/o Denny Overbaugh 13 Mountain View Dr., Carlisle, PA 17013. The Alternate Payee's date of birth is May 18, 1969. 3. The parties were married on May 6, 1995 and divorced on August 14. 2007. A certified copy of the Decree in Divorce is attached. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Pension: Note: To divide the Participant's pension for the Alternate Payee, you must select either a Separate Interest or a Shared Interest Pension. A. Separate Interest The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. Note: The parties may designate a specific dollar amount, a percentage or amount determined using a formula. if a percentage or formula is used, it must indicate the valuation date as of which the percentage or formula is determined. The Plan has quarterly valuation dates (March 31, June 30, and September 30 and December 31). Therefore, the parties must indicate one of these dates or they may indicate the valuation date immediately preceding or immediately following a different date. The following formulas are examples of a type of formula that would be acceptable. The parties may use other formulas. S. X b. The benefits payable to the Alternate Payee shall be determined by multiplying one-half of the Participant's vested accrued benefit on the date of the parties' divorce by a fraction, the numerator of which is the number of months from May 6, 1995 to the date of the parties' divorce and the denominator of which is the number of months the Participant was a Participant in the Plan until the date of the parties' divorce. 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 the date set forth in 1 a or 1 b or from the date this Order is determined to be a QDRO, if 1 c is elected. 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/his benefits in the event the Alternate Payee should die prior to receiving all of her/his benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5 The Alternate Payee may elect to receive 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. Note: Generally, the Participant's earliest retirement age generally is 57. However, a Participant with 20 years of service may separate from service and receive benefits at age 55. III. Other Provisions 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. t 0. 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. BY THE COURT: - 1%, -?' ?AA V J. Witness: Fz3.o-7 J-o r7 -PT Q1 v ,tLNl OE :01 W L 1 MV LGGZ D IW6Y62om ?,? KIMBERLY A. TETER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1620 GARRY L. TETER, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN QUALIFIED DOMESTIC RELATIONS ORDER* 1. Identifying Information 1. The Participant is Garry L. Teter, Jr. The Participant's social security number is xxx-xx-xxxx (deleted on original). The Participant's address is 50 Clearview Drive, Carlisle, PA 17013. 2. The Alternate Payee is Kimberly A. Teter. The Alternate Payee's social security number is xxx-xx-xxxx (deleted on original). The Alternate Payee's address is c/o Denny Overbaugh 13 Mountain View Dr., Carlisle, PA 17013. The Alternate Payee's date of birth is May 18, 1969. 3. The parties were married on May 6, 1995 and divorced on August 14. 2007, a certified copy of the Decree in Divorce is attached. The Divorce Decree incorporated the parties' Separation and Property Settlement Agreement, dated August 1. 2007. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II. Method of Dividing Participant's Pension: A. SEPARATE INTEREST A Separate Interest Pension is paid over the Alternate Payee's anticipated life expectancy on an actuarial equivalent basis. The amount of the benefit is unaffected by the death of the Participant or by the timing of the Participant's death, after the participant's earliest retirement age. The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the Plan. .r The benefits payable to the Alternate Payee shall be determined by multiplying one-half of the Participant's vested accrued benefit on the date of the parties' divorce, by a fraction, the numerator of which is the number of months from May 6, 1995, the date of the parties' marriage, to August 14. 2007, the date of the parties' divorce and the denominator of which is the number of months the Participant was a Participant in the Plan. Note: The Plan determines the Participant's benefit accruals on an annual basis and cannot determine the total accrued benefit as of any date other than the last day of the year. Note: The actuarial value of the benefit cannot exceed the Participant's total benefits. 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 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. TREATMENT AS SURVIVING SPOUSE If the Participant dies before he attains the earliest retirement age, the Alternate Payee will be treated as the surviving spouse for purposes of the qualified pre-retirement survivor annuity and will receive benefits as such. The qualified pre-retirement survivor annuity equals half of the Participant's vested accrued benefit. If the benefit is paid prior to the date the Participant would have attained age 57, it is reduced for early commencement. The benefit is calculated with reference to the Alternate Payee's life expectancy. If the Participant dies after he attains the earliest retirement age, the benefits of the Alternate Payee will not be affected. 4. The Alternate Payee shall be treated as the Participant's surviving spouse for purposes of the qualified pre-retirement survivor annuity but only in the same percentage as the percentage of the amount of the Participant's total benefits awarded to her. 5. If, at the time of the Participant's death, the Participant is not married, the Alternate Payee shall be treated as the Participant's only surviving spouse for purposes of the qualified pre-retirement survivor annuity. 6. The qualified pre-retirement survivor annuity is in addition to her separate interest, not instead of her separate interest. III. Other Provisions 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 sustaining 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. BY THE COURT: VA\ -\", \ 07 J. Witness: lea dA e? g. ere o*f ti 7 97 A- .,. f '011IV L 1 ST IV • 0 X11616 2W'_D? KIMBERLY A. TETER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1620 GARRY L. TETER, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 2000 QUALIFIED DOMESTIC RELATIONS ORDER 1. Identifying Information 1. The Participant is Garry L. Teter, Jr. The Participant's social security number is xxx-xx-2123. The Participant's address is 17 Garber Street, Chambersburg, PA 17201. 2. The Alternate Payee is Kimberly A. Teter. The Alternate Payee's social security number is xxx-xx-4769. The Alternate Payee's address is c/o Denny Overbaugh 13 Mountain View Drive, Carlisle, PA 17013. The Alternate Payee's date of birth is May 18, 1969. 3. The parties were married on May 6, 1995 and divorced on August 14, 2007. A certified copy of the Decree in Divorce is attached. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. II. Method of Dividing Participant's Pension: The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. Note: The parties may designate a specific dollar amount, a percentage or amount determined using a formula. if a percentage or formula is used, it must indicate the valuation date as of which the percentage or formula is determined. The Plan has quarterly valuation dates (March 31, June 30, and September 30 and December 31). Therefore, the parties must indicate one of these dates or they may indicate the valuation date immediately preceding or immediately following a different date. The following formulas are examples of a type of formula that would be acceptable. The parties may use other formulas. a. The benefits payable to the Alternate Payee shall be determined by multiplying one-half of the Participant's vested accrued benefit on the date of the parties' divorce by a fraction, the numerator of which is the number of months from May 6, 1995 to the date of the parties' divorce and the denominator of which is the number of months the Participant was a Participant in the Plan until the date of the parties' divorce. 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 the date set forth in 1 a or 1 b or from the date this Order is determined to be a QDRO, if 1 c is elected. 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/his benefits in the event the Alternate Payee should die prior to receiving all of her/his benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive 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. Note: Generally, the Participant's earliest retirement age generally is 57. However, a Participant with 20 years of service may separate from service and receive benefits at age 55. 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 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 P 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. BY THE COURT: Witness: J. 'k? _z36?1 Garry L. ter, Kimb rly Teter b Z -C#1 V!I L ! lif lly LOU • KIMBERLY A. TETER, Plaintiff GARRY L. TETER, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA No. 05-1620 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on August 27, 2007, 1 served a certified copy of the three Qualified Domestic Relations Orders, dated August 17, 2007, upon Michelle Houck, Pensions Benefits Manager, by mailing those documents to her address at Central PA Teamsters Pension Fund, P.O. Box 15223, Reading, PA 19612-5223, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient. Respectfully submitted, SAIDIS, FLOWER & LINDSAY 44 FLOWER & LnvDSM 26 West High Street Carlisle, PA Dated: 1 /4 I o -7- Maryl((u l/latas, Es-Wre ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 1' • MAR 12 200?p KIMBERLY A. TETER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1620 GARRY L. TETER, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE CENTRAL PENNSYLVANIA TEAMSTERS DEFINED BENEFIT PLAN QUALIFIED DOMESTIC RELATIONS ORDER* 1. Identifying Information 1. The Participant is Garry L. Teter, Jr. The Participant's social security number is xxx-xx-xxxx (deleted on original). The Participant's address is 50 Clearview Drive, Carlisle, PA 17013. 2. The Alternate Payee is Kimberly A. Teter. The Alternate Payee's social security number is xxx-xx-xxxx (deleted on original). The Alternate Payee's address is c/o Denny Overbaugh 13 Mountain View Dr., Carlisle, PA 17013. The Alternate Payee's date of birth is May 18, 1969. 3. The parties were married on May 6, 1995 and divorced on August 14, 2007, a certified copy of the Decree in Divorce is attached. The Divorce Decree incorporated the parties' Separation and Property Settlement Agreement, dated August 1. 2007. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 4. The Order applies to benefits under the Central Pennsylvania Teamsters Defined Benefit Plan. II. Method of Dividing Participant's Pension: A. SEPARATE INTEREST A Separate Interest Pension is paid over the Alternate Payee's anticipated life expectancy on an actuarial equivalent basis. The amount of the benefit is unaffected by the death of the Participant or by the timing of the Participant's death, after the participant's earliest retirement age. 1. The Alternate Payee shall be entitled to a portion of the Participant's vested accrued benefits under the Plan. S The benefits payable to the Alternate Payee shall be determined by multiplying one-half of the Participant's vested accrued benefit on the date of the parties' divorce, by a fraction, the numerator of which is the number of months from May 6, 1995, the date of the parties' marriage, to August 14, 2007, the date of the parties' divorce and the denominator of which is the number of months during which the Participant earned a benefit under the Fund. Note: The Plan determines the Participant's benefit accruals on an annual basis and cannot determine the total accrued benefit as of any date other than the last day of the year. Note: The actuarial value of the benefit cannot exceed the Participant's total benefits. 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 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. TREATMENT AS SURVIVING SPOUSE If the Participant dies before he attains the earliest retirement age, the Alternate Payee will be treated as the surviving spouse for purposes of the qualified pre-retirement survivor annuity and will receive benefits as such. The qualified pre-retirement survivor annuity equals half of the Participant's vested accrued benefit. If the benefit is paid prior to the date the Participant would have attained age 57, it is reduced for early commencement. The benefit is calculated with reference to the Alternate Payee's life expectancy. If the Participant dies after he attains the earliest retirement age, the benefits of the Alternate Payee will not be affected. 4. The Alternate Payee shall be treated as the Participant's surviving spouse for purposes of the qualified pre-retirement survivor annuity but only in the same percentage as the percentage of the amount of the Participant's total benefits awarded to her. 5. If, at the time of the Participant's death, the Participant is not married, the Alternate Payee shall be treated as the Participant's only surviving spouse for purposes of the qualified pre-retirement survivor annuity. 6. The qualified pre-retirement survivor annuity is in addition to her separate interest, not instead of her separate interest. III. Other Provisions 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 sustaining 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. RY TNF [.nl IRT- yl 08 Witness: 4 C:) ?v y ti ?. ITV X? > ttii, `t?Cv?Ck A vlUk``t 'rd? w ? N110 KIMBERLY A. TETER, Plaintiff GARRY L. TETER, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1620 im 1 g : CIVIL ACTION - LAW : IN DIVORCE CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 2000 QUALIFIED DOMESTIC RELATIONS ORDER 1. Identifying Information 1. The Participant is Garry L. Teter, Jr. The Participant's social security number is xxx-xx-2123. The Participant's address is 17 Garber Street, Chambersburg, PA 17201. 2. The Alternate Payee is Kimberly A. Teter. The Alternate Payee's social security number is xxx-xx-4769. The Alternate Payee's address is c/o Denny Overbaugh 13 Mountain View Drive, Carlisle, PA 17013. The Alternate Payee's date of birth is May 18, 1969. 3. The parties were married on May 6, 1995 and divorced on August 14. 2007. A certified copy of the Decree in Divorce is attached. 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 Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued benefit under the Plan. Note: The parties may designate a specific dollar amount, a percentage or amount determined.using a formula. if a percentage or formula is used, it must indicate the valuation date as of which the percentage or formula is determined. The Plan has quarterly valuation dates (March 31, June 30, and September 30 and December 31). Therefore, the parties must indicate one of these dates or they may indicate the valuation date immediately preceding or immediately following a different date. The following formulas are examples of a type of formula that would be acceptable. The parties may use other formulas. a. The benefits payable to the Alternate Payee shall be determined by multiplying one-half of the Participant's vested accrued benefit on August 14, 2007, the date of the parties' divorce, by a fraction, the 3-v,r--*a4 d ?lftj n furl L 5 •Z! W d 8 1 HVW GDOZ v numerator of which is the number of months from May 6, 1995 to August 14, 2007, the date of the parties' divorce-and the denominator of which is the number of months the Participant earned a benefit under the fund until the date of the parties' divorce. 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 the date set forth in 1 a or 1 b or from the date this Order is determined to be a QDRO, if 1 c is elected. 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/his benefits in the event the Alternate Payee should die prior to receiving all of her/his benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5. The Alternate Payee may elect to receive 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. Note: Generally, the Participant's earliest retirement age generally is 57. However, a Participant with 20 years of service may separate from service and receive benefits at age 55. III. Other Provisions 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 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. M 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. BY THE COURT: Witness: i J. ? e r ? KIMBERLY A. TETER, Plaintiff GARRY L. TETER, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-1620 : CIVIL ACTION - LAW : IN DIVORCE ma 1$ M,? CENTRAL PENNSYLVANIA TEAMSTERS RETIREMENT INCOME PLAN 1987 QUALIFIED DOMESTIC RELATIONS ORDER 1. Identifying Information 1. The Participant is Garry L. Teter, Jr. The Participant's social security number is xxx-xx-2123. The Participant's address is 17 Garber Street, Chambersburg, PA 17201. 2. The Alternate Payee is Kimberly A. Teter. The Alternate Payee's social security number is xxx-xx-4769. The Alternate Payee's address is c/o Denny Overbaugh 13 Mountain View Dr., Carlisle, PA 17013. The Alternate Payee's date of birth is May 18, 1969. 3. The parties were married on May 6, 1995 and divorced on August 14. 2007. A certified copy of the Decree in Divorce is attached. The parties have raised claims of equitable distribution of marital property pursuant to the Pennsylvania Divorce Code. 11. Method of Dividing Participant's Pension: Note: To divide the Participant's pension for the Alternate Payee, you must select either a Separate Interest or a Shared Interest Pension. A. Separate Interest The Plan shall pay to the Alternate Payee a portion of the Participant's vested accrued'benefit under the Plan. Note; The parties may designate a speoific dollar amount, a percentage or amount determined using a formula. if a percentage or formula is used, it must indicate the valuation date as of which the percentage or formula is determined. The Plan has quarterly valuation dates (March 31, June 30, and September 30 and December 31). Therefore, the parties must indicate one of these dates or they may indicate the valuation date immediately preceding or immediately following a different date. The following formulas are examples of a type of formula that would be acceptable. The parties may use other formulas. s7pk?wp , r ?" S -47W It! -7 AtV1 U; _J iyV w HI 4/ X b. The benefits payable to the Alternate Payee shall be determined by multiplying one-half of the Participant's vested accrued benefit on the date of the parties' divorce by a fraction, the numerator of which is the number of months from May 6, 1995 to August 14, 2007, the date of the parties' divorce, and the denominator of which is the number of months the Participant earned a benefit under the Fund until the date of the parties' divorce. 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 the date set forth in 1 a or 1 b or from the date this Order is determined to be a QDRO, if 1c is elected. 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/his benefits in the event the Alternate Payee should die prior to receiving all of her/his benefits by filing a beneficiary designation form with the Fund Office. In the event the Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to a beneficiary selected by the Alternate Payee on a beneficiary form provided by the Fund office on request, or if no beneficiary is selected, to the Alternate Payee's estate. 5 The Alternate Payee may elect to receive 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. Note: Generally, the Participant's earliest retirement age generally is 57. However, a Participant with 20 years of service may separate from service and receive benefits at age 55. III. Other Provisions 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. BY THE COURT: 3I18I0Q J Witness: