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Home My WebLink About05-2265 CARRIE D. JOHNSTON, Plaintiff v. : IN THE COURT OF COMMON : DAUPIllN COUNTY, PENNSYLVANIA CL~\ L ~E.a.J . : NO. OS' - .JJI-S ERIC L. JOHNSTON, Defendant : CIVIL ACl'ION - 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 deer of divorce or annulment may be entered against you by the Court. A judgment ay also be entered against you for any other claim or relief or property or other ri hts important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakd wn of the marriage, you may request marriage counseling, A list of marri ge counselors is available in the Office of the Prothonotary, Dauphin Co ty Courthouse, Front and Market Streets, Harrisburg, Pennsylvania, IF YOU DO NCYl' FlLE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE R ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NCYl' HAVE A LAWYER OR CANNCYl' AFFORD ONE, GO TO R TF.T .F.PHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE Y< U CAN GET LEGAL HELP. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 CARRIE D. .JOHNSTON, Plaintiff v, : IN THE COURT OF COMMON P : CUMBERLAND COUN'lY, PENNSYLV: CluJ.. ~ . : NO. 0 S' - 0l.~t...S ERIC L. .JOHNSTON, Defendant : CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Carrie D. .Johnston, who resides at 30 North Old Stonehouse Road, Carlisle, Pennsylvania 17013. 2, Defendant is Eric L, Johnston, who resides at 30 North ld Stonehouse Road, Carlisle, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of his Commonwealth for at least six months immediately previous to the filing of his Complaint, 4. Plaintiff and Defendant were married on October 9, 1993, in Cra rd County, Pennsylvania. 5. The parties have been living separate and apart since on or abou ,a date prior to the filing of this Complaint. 6. There have been no prior actions of divorce or for annulment betw en the parties. 7, Neither of the parties in this action is presently a member 0 the Armed Forces on active duty. 8, Plaintiff and Defendant are both citizens of the United States, 9, Plaintiff has been advised of the availability of marriage couns ng and of the right to request the Court to require the parties to participate in uch counseling. Being so advised, Plaintiff waives the right to request that the C urt require the parties to participate in counseling prior to a Divorce Decree bing issued by the Court, 10. Plaintiff avers that this ground on which the action is based is hat the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests that Your Honorable C urt enter a Decree of Divorce. DATED: '1, 1.f~0;' Respectfully submitted, / . /. / / , or F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 VERIFICATION I verify that the statement made in the foregoing document are true d correct to the best of my knowledge, information and belief, I understand that the statements therein are made subject to the penalties of 18 Pa, C,S, S 4904 rela ing to unsworn falsification to authorities. Dated: 0+/1 '1/ O!:,- tJJ) -r:c-II.- R> -<Q. -- N ~ ...0 #- C) . ....... W l0 \' -J:::: D w w -v ~ ~ ..... P- - fl Q f-" ri,,:n:: --:~ '., ""'---- ~..- :;~: ~;, S!.?~-,. ~~~ ~ G ~, = = <J'> ::x ".. -< , w o 'TI ~" fl'lE -0:" -Oy ~i~~ \-2(~) ~'.:)rn '.-.1 p; ::'CJ -< ",. ::<3: Ul 0-> - CARRIE D. JOHNsTON, Plaintiff v. ERIC L. JOHNSTON, Defendant : IN THE COURT OF COMMON : CUMBERLAND COUN'IY, PENNSYLV: ~NO. 6S- .;z~~ ~uLL~~ : CIVil.. ACTION - DNORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Plaintiff in the ab ve- captioned case. DATED; i-f - 2 '6- i) J RespectfullY,Subrnitted, Nor F. Blair Supreme Court ID 45513 5440 Jonestown Road Post Office Box 6216 Harrisburg, PA 17112-0216 (717) 541-1428 / ~--- ---- " \ o ~ ~gr? 2~_~:;~. "'..;-,. ~t;.:, }::,:C 5~~ ~ ...., = = c.n ::l!: ,.~ -< I W o -n -I :C...., ri1---- -~F,; #:~jC? (~)-'-J ~~,.. ~~~ -~~ "'"!," ::<.: E ....,- - U1 C1" .' MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this ~ 1h day of f.)}('f);m{}€/L; , 2005, and between ERIC L. JOHNSTON, (hereinafter referred to "Husband") and CARRIE D. JOHNSTON, (hereinafter referred to "Wife") . by as as WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on October 9, 1993; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, Husband Collaborative Law process obligations; and and Wife have worked through the to settle and determine their rights and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit, The foregoing provisions shall not be taken as an admission by either party as to 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 maybe necessary to carry out the provisions of the agreement, Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common, 4 , AUTOMOBILES Each party is to keep their respective vehicles, Husband shall have all right and title to the 1999 Jeep, He shall maintain insurance on his vehicle and be responsible for all maintenance, liens and other payments related thereto, Husband shall indemnify and hold Wife harmless for all matters related to his vehicle, Wife shall have all right and title to her 2005 Equinox, She shall maintain insurance on her vehicle and be responsible for all maintenance, Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. 5. DIVISION OF REAL PROPERTY The parties marital residence at 30 North Old Stonehouse Road, Carlisle, Cumberland County has been sold and the net proceeds have been equitably distributed pursuant to an agreement between the parties as set forth in a Partial Marital Settlement Agreement, Wife has purchased a new residence at 1998 Daybreak Circle, Harrisburg, Dauphin County, Pennsylvania, Husband relinquishes any and all right or interest he may have in Wife's residence. 6. FINANCIAL ACCOUNTS} STOCKS, BONDS AND INVESTMENTS The parties have fully disclosed their marital financial assets, Each party shall be liable for any tax consequences related to the sale or exchange of their accounts, real estate, stocks or bonds or other assets under their control. Each party shall maintain their separate accounts and investments as set forth in this agreement and hereby releases any interest they may have in the other's accounts or investments and shall sign all documents required to distribute the assets as set forth in this agreement. The parties agree that the distributions of assets as set forth above is a fair and equitable division of their marital assets considering all the factors set forth under the Pennsylvania Divorce Code. 2 7. MARITAL DEBTS All marital debts have been equitably divided and or satisfied. Husband shall be responsible for all debts solely in his name and Wife shall be responsible for all debts solely in her name. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement and shall take any action required to remove the other from responsibility for a debt as set forth in this Agreement, 8, PENSION AND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/or retirement accounts, Husband relinquishes any and all rights he may have in Wife's pension or retirement accounts. Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts except as set forth below, Husband shall transfer} pursuant to a QDRO prepared by Wife's attorney, $53,000.00 from Husband' Teamster's Retirement Income Fund. The $53,000,00 represents Wife's equitable interest in Husband's pension accounts and is part of the overall equitable distribution of the marital assets, 9. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE up any support, Each party hereby waives, releases, discharges and gives rights either may have against the other to receive alimony pendente lite or alimony, 10. FILING OF IRS RETURN Husband and Wife agree to be equally liable for any deficiencies or refunds for jointly filed tax returns and agree to file separate tax returns in future years. Wife shall be entitled to claim the 2005 interest payments on the former marital home mortgage note and real estate taxes on her 2005 tax return, 11 . DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage that Wife has filed, Cumberland County Court of Connon Pleas, docketed at 2005-2265. The mandatory 90-day waiting periOd has expired, Upon execution of this Agreement, the parties agree to sign and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. 3 12 , ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. 13. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce, 14, CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, on request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 1 5 . BREACH If either party breaches any provision of this agreement, after working through the collaborative law process, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her, 16 , VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each parties has had the opportunity to review this agreement and their legal rights with an attorney. 17. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby wai.ves and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 4 18. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns, 19, MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities 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 default of the same or similar nature, 20. PRIOR AGREEMENTS It is understood and agreed that any prior agreements, except for the Partial Marital Settlement Agreement, which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 21 . 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, 22. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only, They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 23. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, wLS f- .w& l~ 1- .w& the parties set their hands and seals ,,~R:-.~ Date cc \ "_"---~ ERIC L. JOHN ON _1'2...-r-o~- Date 5 Commonwealth of Pennsylvania: County of ~~~ ss PERSONALLY APPEARED BEFORE ME, this gCh day of df}~, 2005, a notary public, in and for the Commonwealth of Pennsylvania, ERIC L, JOHNSTON, known to me (or satisfactorily proven to be) the person whose name is subscribed to the wi thin agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal, COMMONII'Ei'.L'1I OF PENNSYLVANIA Notaf\al Sea\ Elizabeth Morgan, Not~ Public City of Harrisburg, Dauphin County My Commission Expires Oct. 9, 2008 Member, Pennsylvania AssocIation of Notaries Nol!7t~~rz/lV Commonwealth of Pennsylvania: County of ~~ ss PERSONALLY APPEARED BEFORE ME, this'!;z1, day ofdjJ~<lV , 2005, a notary public, in and for the Commonwealth of Pennsylvania, CARRIE D. JOHNSTON, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. COMMONWEP.I,TH OF PENNSYLVANIA Notarial Sea' Elizabeth Morgan, Not~ Public City of Harrisburg, Dauphin County My Commission Expires Oct. 9, 20M Member, Pennsylvania Association of Notaries t(~/hYm Nbta Public ~ 6 ----/ (",::I , ., (') -n .A ~,~ ',.". <;-1-' (""':"~ \.-) -' r...) ;\'> ,,0 o .-,,' 0"" .------- CARRIE D. JOHNSTON, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2265 Civil Term ERIC L. JOHNSTON, Defendant : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on May 3, 2005, and served on May 18, 2005, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant. 3, I consent to the entry of a fmal Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry ofa Divorce Decree Under Section 330l(c) of the Divorce Code, 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: &c., If; WOe;- fr 6' @ Ji!lJtu 1 ~vf t( 1\RRIE D. JO STON Plaintiff c::.\ r"", r' , - _--1 ~_"\-; \-',; ,'0 \..() {:;:; t..;, CARRIE D. JOHNSTON, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. ; NO. 05-2265 Civil Term ERIC L. JOHNSTON, Defendant : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on May 3, 2005, and served on May 18, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing of the Complaint and service of the Complaint on Defendant, 3, I consent to the entry of a final Decree of Divorce after service of Notice of Intention to Request Entry of Divorce Decree or at any time after the signing of this Consent if I have also signed a Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3301(c) of the Divorce Code. 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: '\.'il. - cc-,~c-.o~ ~"-~~- ERIC L. JOHNSTON Defendant ~, "~co:') ,'::;.) ('J1 C) -,', :.~ ':'1 c::-' CO) r<) \..r, c".:) v. : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2265 Civil Term : CIVTI... ACTION - DIVORCE CARRIE D. JOHNSTON, Plaintiff ERIC 1.. JOHNSTON, Defendant 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 I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Decree of Divorce 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.s. H904 relating to unsworn falsification to authorities, DATED: 1!Jae- 8 [ 7JJO ~~ CARRIE D, JO Plaintiff ; ~!. " i-:.:1 .~ (-";: N C::O r:~ CARRIE D. JOHNSTON, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v, : NO. 05-2265 Civil Term ERIC L. JOHNSTON, Defendant : CIVIL ACTION - DWORCE ACCEPrANCE OF SERVICE I, Thomas D, Gould, Esquire, am the Attorney for the Defendant, Eric L, Johnston, in the collaborative law process for resolution of his family law issues, In that capacity, I am authorized to and have accepted service of the Complaint in Divorce, as of this the /lJ'rl day of ma.::; , 2005, As a part of the collaborative law process, I will be unable to represent Eric L. Johnston if the parties leave the collaborative law process and proceed with litigation. 1h-_.2J, ..~ Thomas D. Gould, Esquire Attorney for Defendant 2 East Main Street Shiremanstown, P A f?l I:~> 4J ~,_": ;i-1 r~0 :--~ . -, c::> en /---- CARRIE D. JOHNSTON, Plaintiff v. ERIC L. JOHNSTON, Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-2265 Civil Term : CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD UNDER ~ 3301(c) OF THE DIVORCE CODE To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree; 1. Ground for divorce; irretrievable breakdown under ~ 3301(c) of the Divorce Code, 2, Date and manner of service of the complaint: (a) Date of service; May 18, 2005, (b) Manner of service: Acceptance of Service by Collaborative Law Attorney for Defendant 3, Date of execution of the Affidavit of Consent required by ~ 3301(c) of the Divorce Code; (a) By the Plaintiff; December 8, 2005 (b) By the Defendant; December 8, 2005 4. Date of execution of Waiver of Notice ofIntention to File Praecipe to Transmit Record: (a) By the Plaintiff: December 8, 2005 (b) By the Defendant: December 8,2005 5. Related claims pending; NONE DATED; December 8, 2005 ~~) 1'0 C:J C,') .' . ~ ~'" 'Ii 'f :Ii'" ~~'f'f'" 'Ii ~~:t:+. ~ ~~'f~'f ~ ~~:t:+.+ ~ ~+ i:;:/:+.+:1-+.'f:f:': 't''l;'f.;to . . . IN THE COURT OF COMMON PLEAS . . OF CUMBERLAND COUNTY ';~ '>. . PENNA, STATE OF . . CARRIE D, JOHNSTON 2005 . 2265 CIVIL No, . . Plaintiff . VERSUS . . . . . ERIC L, JOHNSTON Defendant . . . . . . . . . . . DECREE IN DIVORCE . . D~u >4 k,-, Z.O~:'.IT IS ORDERED AND Ib AND NOW, . . . . DECREED THAT CARRIE D, JOHNSTON , PLAINTWF, . ERIC L, JOHNSTON , DEFENDANT, . . . AND 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 Marital Settlement Agreement dated December 8, 2005, is incorporated . . into but not merged into this Decree in Divorce, . . . . . . . . . ATTES . . . :t:+.'f'f:+' +' :f'f'l'+ + :;; +.++'f'f+' '4'+ . +;+'~T. +. 'f 'f+'f +.+.+. ;+.+.+ + ~ .. . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J, . . . . . . . . . . . . . . . . . . ~p ~ .:f-~J;f/ r?,7?b0 Jj. ,; hp.,:iV' j?!/ :? ~n' Jh./P?;J - ,p';.7 _~Oi, (C'/ f?/ .'. . CARRIE D. JOHNSTON, Plaintiff : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-2265 Civil Term ERIC L. JOHNSTON, Defendant : CIVIL ACTION -- DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA ) ) COUNTY OF DAUPHIN ) Carrie D. Johnston, being duly sworn according to law, deposes and says that she is a party in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered on December 16, 2005, and she hereby elects to resume her prior surname of Widdowson, and, therefore, gives this written notice avowing said intention, in accordance with !l704 of the Act of November 15, 1972, P.L. 1063, 54 Pa. C.S. 704. Sworn to and subscribed to before me this d;) day of !If!JttWlJ~tL ~arrieD. Joh ton r1a1'r"on.bt/J../ , 2005. To Be Known As: !l1;/uI/h YJ?C~!,//1- ota Public ' /P/lfu;)f) yfIHW;J[IYv rrie D. Wi'ddovJson C NWE:rn OF P Notarial Seal Elizabeth MOfBlIIl, ~ Public City of Harrisbwg, Dauphin County My Commission Expires Oct. 9, 2008 Member, Pennsylvania Association of Notaries .-> C' (~ (,? ~.-; ~ ...j <:;.I'l ..... ~ Cl ::c: -r", % ,"<1 F1.-~ ~ " c -.\ _41,'__.,' \',) /.~.//) ~ ....l ~ F" ~ -0 ,;~:~' -- ~ :;:: ...j ~ - \"'0 'iJ ioN '~1 )J '" C) "'<;\ \"'0 ~J v..; 'i.J c<\ \:> " --------- -'-y-~""-'--;,-,:--,y-,:::,----~~ -::-.,,:-"', y l<J..-<.."CEJ VED I APR 2 0 200,6 I ~ ..._J '-f l.l '1 i ()(, ~~:;-;-.1.,"}D CARRIE D. JOHNSTON, Plaintiff : IN THE COURT OF COMMON PLEAS, :CUMBERLAND COUNTY, : PENNSYLVANIA v. : NO. 05-2265 Civil Term ERIC L. JOHNSTON, Defendant : CIVIL ACTION -- DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1. The parties to this action have entered into a Marital Settlement Agreement dated December 8, 2005. The Court of Common Please of Cumberland County incorporated the Marital Settlement Agreement into its Decree of Divorce dated December 16, 2005. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of Participant's benefits payable under an employer sponsored defined contribution plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") !l401(a). The Court intends this Order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of H14(p) of the Internal Revenue Code of 1986, as amended, and !l206(d) of the Employee Retirement Income Security Act of 1974, as amended, and shall be interpreted in a manner consistent with such intention. The Court enters this QDRO pursuant to its authority under 23 Pa.C.S. !l3502. 3. This QDRO applies to the Central Pennsylvania Teamsters Retirement Income Plan 1987 ("Plan"). Further, this Order shall apply to any successor ., I~,..) plan to the Plan or any other plan(s) to which liability for provision of Participant's benefits described below is incurred. Any benefits accrued by Participant under a predecessor plan of the employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the plan shall not affect Alternate Payee's rights as stipulated under this Order. 4. Eric L. Johnston ("Participant") is a participant in the Plan. Carrie D. Widdowson f/kJa Carrie D. Johnston ("Alternate Payee") is the alternate payee for purposes of this QDRO. 5. Participant's name, mailing address, and social security number are: Eric L. Johnston 1400 Bent Creek Boulevard, Apt. 228 Mechanicsburg, Pennsylvania 17050 DOB: December 23, 1967 SS# 184-60-1704 6. Alternate Payee's name, mailing address, and social security number are: Carrie D. Widdowson 1998 Daybreak Circle Harrisburg, Pennsylvania 17110 DOB: July 25, 1967 SS# 200-56-3912 7. The parties were married on October 9, 1993 and separated on April, 2005. 8. Alternate Payee acknowledges that it is her responsibility and it shall be Alternate Payee's duty to keep a current mailing address on file with the Plan Administrator. 9. The portion of Participant's plan benefits payable to Alternate Payee under this QDRO is: $ 53,000.00 as of the date of transfer. 10. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 11. This QDRO does not require the Plan to provide increased benefits. 12. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 13. If the Alternate Payee so elects, the Plan shall distribute the amount designated in paragraph 9 of this QDRO, together with allocable earnings, as soon as administratively feasible following the Plan Administrator's approval of this Order. If the Plan does not permit an immediate distribution of this amount, the Plan shall pay such amount at the Participant's earliest retirement age as that term is defined in !l206(dX3XE) of ERISA and !l414(pX4) of the Code, subject to Alternate Payee's election. 14. Benefits are to be payable to Alternate Payee in any form or permissible option otherwise available to Participant and alternate payees under the terms of the Plan, including, but not limited to, a lump sum cash payment. Alternate Payee shall execute any forms required by the Plan Administrator. 15. On or after the date that his Order is deemed to be a QDRO, but before Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions, the right to name a beneficiary, and the right to direct her Plan investments to the extent permitted under the Plan. 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. 16. It is recognized that Alternate Payee may elect to commence receiving benefits before the Participant retires. If Alternate Payee so requests, the Participant will cooperate with Alternate Payee in substantiating a claim or application to the Plan and shall provide any documentation or information reasonably necessary to establish their eligibility for benefits. 17. All payments made pursuant to this Order shall be conditioned on the certification by Alternate Payee and Participant to the Plan Administrator of such information as the plan Administrator may reasonably require from such parties. 18. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code H14(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 19. Alternate Payee may elect to receive payment from the Plan in any form in which the benefits may be paid under the Plan to the Participant (other than in the form of a joint and survivor annuity). 20. In the event that the Plan inadvertently pays to Participant any benefits that are assigned to Alternate Payee pursuant to the terms of this Order, Participant shall immediately reimburse the Alternate Payee to the extent that Participant has received such benefit payments and shall forthwith pay such amount so received directly to Alternate Payee within ten(10) days of receipt. In the event that the Plan inadvertently pays to Alternate Payee any benefits that are assigned to Partici pant pursuant to the terms of this Order, Alternate Payee shall immediately reimburse Participant to the extent that Alternate Payee has received such benefit payments and shall forthwith pay such amount so received directly to Participant within ten (10) days of receipt. 21. In the event that Participant's benefits, or any portion thereof, become payable to Participant as a result of termination or partial termination, then . Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedure of the Plan. 22. Mter payment of the amount required by this QDRO, Alternate Payee shall have no further claim against Participant's interest in the Plan. 23. Alternate Payee assumes sole responsibility for the tax consequences of her distribution under this QDRO. 24. Until the Plan completes payment of all benefits pursuant to this QDRO, the Plan shall treat Alternate Payee as a surviving spouse for purposes of Code !lH01(a)(11) and 417, but Alternate Payee shall receive, as surviving spouse, only the amount described in paragraph 9 of this QDRO. The sole purpose of this paragraph is to ensure payment to Alternate Payee in the event of Participant's death prior to payment by the Plan of the amount described in paragraph 9 of this QDRO. Alternate Payee may select a beneficiary to receive her benefits by filing a beneficiary designation form with the Plan Office. In the event Alternate Payee should die prior to receiving benefits, the Plan shall pay benefits to the beneficiary selected by Alternate Payee on a beneficiary form provided by the Plan Office on request, or if no beneficiary is selected, to Alternate Payee's estate. 25. The Plan shall treat this QDRO in accordance with Code !l414(pX7). While the Plan is determining whether this Order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to Alternate Payee while the Plan is determining the qualified status of this QDRO. . 26. The Plan Administrator promptly shall notify Participant and Alternate Payee of the receipt of this QDRO and shall notify Participant and Alternate Payee of the Plan's procedures for determining the qualified status of the QDRO and shall notify Participant and Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 27. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. BY THE COURT: j diPOI! J. IJI"" Z.'i.2.&Ob The parties have signed below indicating their consent to this Order: ;1i0 - t1 ~e~ohn_'v~ -'1 ___ , IIi I /__~) , "-;:::"--' -. a F. Blair, Esquire Attorney for Carrie D. Johnston y^^^-.~~ Eric L. Johnston -:JJ;;.,;v e>. ~ /Thomas D. Gould, Esquire Attorney for Eric L. Johnston -l