HomeMy WebLinkAbout05-2762
.
RICHARD G. FETROW,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. () S - d'lle,;)..... {!t ~ J... '----r- tL"'1
KIM I. FETROW,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth in the
following papers, you must take prompt action. You are warned that if you fail to do so, the case
may proceed without you and a Decree in Divorce or annulment may be entered against you by the
Court. A judgment may also be entered against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other rights important to you, including
custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Court House, One Courthouse Square, Carlisle,
Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP_
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Phone: (717) 249-3166
./
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RICHARD G. FETROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
v.
: NO. tJ5- ,)7(.1..-
KIM L FETROW,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE OF A V AILABILlTY OF COUNSELING
To the Within Named Defendant:
You have been named as the Defendant in a divorce proceeding filed in the Court of
Common Pleas of Cumberland County. This notice is to advise you that in accordance with
Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse
to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of
professional marriage counselors is available at the Office of the Prothonotary, One Courthouse
Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and
you are not bound to choose a counselor from this list All necessary arrangements and the cost of
counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
Prothonotary
RICHARD G. FETROW,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNA
: NO. 05 - d.. 'l~;)..., Ct"ul ~~
: CIVIL ACTION - LAW
: IN DIVORCE
KIM I. FETROW,
Defendant
COMPLAINT UNDER SECTION 3301
OF THE DIVORCE CODE
I. Plaintiff is Richard G. Fetrow, social security no. 176-54-2115, who currently
resides at 7517 Wertzville Road, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Kim I. Fetrow, social security no. 178-56-2094, who currently resides
at 66 Millers Gap Road, Enola, Cumberland County, Pennsylvania 17025.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at
least six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on September 13, 1980, in Mechanicsburg,
Pennsylvania.
5. There have been no prior actions for divorce or annulment between the parties.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Anned Services of the United States of
America or its Allies.
8. The marriage is irretrievably broken.
9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
The parties to this action have been separated since May 3, 2005.
10. Plaintiff requests the Court to enter a Decree in Divorce.
II. Plaintiff avers that he is the innocent and injured spouse, and that the Defendant has
offered such indignities to the Plaintiff so as to render his condition intolerable and life
burdensome.
12. This action is not collusive.
WHEREFORE, the Plaintiff requests the Court to enter a Decree in Divorce dissolving the
marriage between the Plaintiff and Defendant.
Respectfully submitted,
JAMES, SMITH, DIETTERlCK
& CONNELLY, LLP
Dated: .!:/xs/ 0 5
.
By:
"-~
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Hershey, P A 17033-0650
(717) 533-3280
Attorneys for Plaintiff
Richard G. Fetrow
.
VERIFICATION
I verifY that the statements made in this Pleading 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
unsworn falsification to authorities.
Date: 5"- Z sf-a J
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Richard G. Fetrow, aintiff
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RICHARD G. FETROW, ) IN THE COURT OF COMMON PLEAS
Plaintiff ) OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO, 05-2762 CIVIL
KIM L FETROW, )
Defendant ) IN DIVORCE
DEFENDANT'S PETITION FOR ECONOMIC RELIEF
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and
files the following Petition for Economic Relief:
COUNT 1- EQUITABLE DISTRIBUTION
1, During the course of the marriage, the parties have acquired numerous items of
property, both real and personal, which are held in joint names and in the individual names
of each of the parties hereto.
WHEREFORE ,Defendant prays this Honorable Court, after requiring full disclosure by
the Plaintiff, to equitably divide the property, both real and personal, owned by the parties
hereto as marital property.
COUNT II - ALIMONY
2. Defendant lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
3. Defendant is unable to support herself in accordance with the standard of living of
the parties established during the marriage through appropriate employment.
4, The Plaintiff is employed and enjoys a substantial income from which he is able to
contribute to the support and maintenance of Defendant and to pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE , Defendant prays this Honorable Court to enter an Order awarding
Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to
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support and maintain Defendant in the station of life to which she has become accustomed
during the marriage,
COUNT III - ALIMONY PENDENTE LITE
5. Defendant is without sufficient income to support and maintain herself during the
pendency of this action.
6. Plaintiff enjoys a substantial income and is well able to contribute to the support
and maintenance of Defendant during the course of this action.
WHEREFORE , Defendant prays this Honorable Court to order Plaintiff to pay her
reasonable alimony pendente lite during the pendency of this action.
COUNT IV - COUNSEL FEES AND EXPENSES
7, Defendant is without sufficient funds to retain counsel to represent her in this
matter.
8. Without competent counsel, Defendant cannot adequately prosecute her claims
against Plaintiff and cannot adequately litigate her rights in this matter.
9, Plaintiff enjoys a substantial income and is well able to bear the expense of
Defendant's attorney and the expenses of this litigation.
WHEREFORE , Defendant prays this Honorable Court to order Plaintiff to pay the legal
fees and expenses incurred by Defendant in the litigation of this action.
~
Attorney for Defendant
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761.5361
2
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"
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penaLties of 18 Pa.
c'S. 4904 (unsworn falsification to authorities).
Date:~ 7-/3-;;x)()5
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KIM L FETROW
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RICHARD G. FETROW,
Plaintiff
)
)
)
)
)
)
)
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Ys.
KIM I. FETROW,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2762 CIVIL
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c).
(b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the
Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit
upon the Respondent:
4. Related claims pending: None.
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with
the Prothonotary: Dated 3 March 2006 and filed contemporaneously herewith. Date
Defendant's Waiver of Notice in Section 3301 (c) Divorce was filE'd with the
Prothonotary: Dated 3 Mach 2006 and filed contemporaneously herewith.
Date: Q tv( \
\ "~--.k" 2:C::O 10
B~~J:(,
Samuel L. Andes
Attorney for Defendant
....,.<
2.ieJ, ~ G, rr..h-ot.J
In the COUlrt or Common Pleas or
Cumberland County, Pennsylvania
VS.
No. 05 - 2.:7 b C Civil. I~
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Allorney for Plaintiff
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11
RICHARD G. FETROW,
Plaintiff
)
)
)
)
)
)
)
)
)
vs.
KIM l. FETROW,
Defendant
IN THE COURT OF COMMON
PLEAS OF (3) COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-2762 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 26
May 2005 and served on 16 June 2005 on the Defendant.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301{c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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. Section 4904
relating to unsworn falsification to authorities.
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Dated:
J1z/~, D . ~itC~f~)
,
KIM 1. FETROW
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------
II
RICHARD G. FETROW,
Plain tiff
)
)
)
)
)
)
)
)
)
vs.
KIM I. FETROW,
Defendant
IN THE COURT OF COMMON
PLEAS OF (3) COUNTY,
PENNSYL VANIA
CIVIL ACTION - LAW
NO. 05-2762 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 26
May 2005 and served on 16 June 2005 on the Defendant.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in 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. Section 4904
relating to unsworn falsification to authorities.
33-0(;
Dated:
,/,1
,,"'----.
,.A. _/~_:{.,/. ~______. \<.:"1
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RICHARD G. FETROW
, L__._./
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II
RICHARD G. FETROW,
Plaintiff
Defendant
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 05-2762 CIVIL
KIM I. FETROW,
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw all economic claims previously raised in this matter by the Defendant,
including her claims for equitable distribution, alimony, alimony pendente lite, and counsel
fees and expenses.
Date: l' /'1. d-/.1 ZW (0
~~
Samuel L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA,
RICHARD G. FETROW ,
No,
2005-2762
Plaintiff
VERSUS
KIM I. FETROW,
Defendant
DECREE IN
DIVORCE
AND NOW,
,'I'
2006
IT IS ORDERED AND
r>1 ""GI,
DECREED THAT
RICHARD G. FETROW
, PLAINTIFF,
AND
KIM I. FETROW
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
BY THE COURT:
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J.
PROTHONOTARY
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...
RICHARD G. FETROW,
Plaintiff
KIM I. FETROW,
)
)
)
)
)
)
)
)
)
IN DIVORCE
IN mE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYL VANIA
vs.
CIVIL ACTION - LAW
NO. 05-2762 CIVIL
Defendant
MOTION FOR ENTRY OF OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and
moves the court to enter the attached Qualified Domestic Relations Order, which has been
approved and signed by both parties and their counsel.
Date: 7 June 2006
~
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, P A 17043
(717) 761-5361
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Richard G. Fetrow
Plaintiff
JUN 1 4 2006
BY:
IN THE COURT OF COMMON PLEAS OF
CUMBERLANDCOUNTY,PENNSYLVAN~
VS.
CML ACTION - LAW
Kim I. Fetrow
Defendant
NO. 05-2762
QUALIFIED DOMESTIC RELATIONS ORDER
1. This Order relates to the provision of marital property rights to the Alternate Payee.
2. This Order creates and recognizes the existence of an Alternate Payee's right to receive
a portion of the Participant's benefits payable under an employer sponsored defined contribution
plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") ~401(a). The
Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning
of Code ~414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.SA
~3502.
3. This QDRO applies to the Hershey Entertainment & Resorts Company Savings Plan
("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other planes) to
which liability for provision of the Participant's benefits described below is incurred. Any benefits
accrued by the Participant under a predecessor plan of the employer or any other defined
contribution plan sponsored by the Participant's 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. Richard G, Fetrow ("Participant") is a participant in the Plan. Kim I. Fetrow
("Alternate Payee") is the alternate payee for purposes of this QDRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Richard G. Fetrow
7517 Wertzville Road
Carlisle, PA 17013
Social Security No.: 176-54-2115
Date of Birth: May 6, 1961
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
Kim 1. Fetrow
82 Vasilos Drive
Carlisle, PA 17013
Social Security No.: 178-56-2094
Date of Birth: September 16,1961
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Page 2
The Alternate Payee shall have the duty to notify the Plan Administrator in writing of
any changes in this mailing address subsequent to the entry ofthis Order.
7. The entire balance of the Participant's account balance under the Plan is payable to the
Alternate Payee under this QDRO.
8. The Alternate Payee's benefits will be segregated into a separate account within the
Plan established for the Alternate Payee within a reasonable period of time,
9. This QDRO does not require the Plan to provide any type or form of benefit the Plan
does not otherwise provide.
10. This QDRO does not require the Plan to provide increased benefits.
11. 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.
12. The Plan shall distribute to the Alternate Payee her benefits (as designated in
Paragraph 7 of this QDRO), as soon as administratively feasible following the Plan
Administrator's approval of this Order.
13. The distribution shall be a direct rollover to an individual retirement account for the
Alternate Payee,
14. The Alternate Payee is entitled to all rights and election privileges afforded to active
Participants under the Plan with respect to withdrawals, receiving distributions and/or directing
investments, but the Alternate Payee shall not be entitled to obtain loans of any amount from the
Plan.
15. It is the intention of the parties that this QDRO continue to qualified as a QDRO under
Code ~414(p), as it may be amended from time to time, and that thB Plan Administrator shall
reserve the right to reconfirm the qualified status of the order at the time benefits become payable
hereunder.
16. In the event that the Plan inadvBrtently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments and shall forthwith pay such amount so received directly to the Alternate Payee within
ten (10) days of receipt.
In the event that the Plan inadvertently pays to the Alternate Payee any benefits that
are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall
immediately reimburse the Participant to the extent that she has received such benefit payments
and shall forthwith pay such amount so received directly to the Participant within ten (10) days of
receipt.
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QOOO
Page 3
17. After payment of the amount required by this QDRO, the Alternate Payee shall have no
further claim against the Participant's interest in the Plan.
18. The Alternate Payee assumes sole responsibility for the tax consequences of the
distribution under this QDRO, The Plan Trustee is authorized to issue an IRS Form W-2P, 1099-
R or any applicable tax forms on any direct payment made to the Alternate Payee.
19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not
be affected by the Participant's death (whether before or after benefit payments to the Alternate
Payee have commenced). In the event of the Alternate Payee's death prior to the co=enCBment
of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the
remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the
Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no
designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate
Payee's estate.
20, The Plan shall treat this QDRO in accordance with Code H14(p)(7). 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 the Alternate Payee
while the Plan is determining the qualified status of this QDRO.
21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee
of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's
procedures for determining the qualified status of this QDRO. The Plan Administrator shall
determine the qualified status of the QDRO and shall notify the Participant and the Alternate
Payee of the determination within a reasonable period of time after receipt of this QDRO.
,
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.
.
QDRO
Page 4
22. 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.
A certified copy of this QDRO shall be served upon the Plan Administrator.
./'~
EXECUTED this J ';> day of
1~
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BY THE COURT
,A J-
CONSENT TO ORDER:
DEFENDANTIALTERNATEPAYEE
~~ 1) .c1JAmAJ 5-;29-06
Signature Date
ATrORNEY FOR PLAINTIFFI
PARTICIPANT
ate
ATrORNEY FOR DEFENDANTI
ALTERNATE PAYEE
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Signature Date
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RICHARD G. FETROW,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 05-2762 CIVIL
KIM 1. FETROW,
Defendant
IN DIVORCE
TOINT MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW come the above-named parties, by their respective counsel, and jointly
move the court to enter the attached Qualified Domestic Relations Order to implement one of
the provisions of their Property Settlement Agreement.
Date: 10.- ~ 5 .-0 f.t,
Date: Z~ 040'av ~
~
Attorney for Defendant
Supreme Court ID # 17225
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Richard G. Fetrow
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CML ACTION - LAW
Kim I. Fetrow
Defendant
NO. 05-2762
QUALIFIED DOMESTIC RELATIONS ORDER
L This Order relates to the provision of marital property rights to the Alternate Payee.
2. This Order creates and recognizes the existence of an Alternate Payee's right to receive
a portion of the Participant's benefits payable under an employer sponsored defined contribution
plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") ~401(a). The
Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning
of Code ~414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A.
~3502.
3. This QDRO applies to the Hershey Entertainment & Resorts Company Savings Plan
("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other planes) to
which liability for provision of the Participant's benefits described below is incurred. Any benefits
accrued by the Participant under a predecessor plan of the employer or any other defined
contribution plan sponsored by the Participant's 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 oftms Order. Any changes in Plan Administrator, Plan sponsor,
or name ofthe Plan shall not affect Alternate Payee's rights as stipulated under this Order,
4. Richard G. Fetrow ("Participant") is a participant in the Plan. Kim I. Fetrow
("Alternate Payee") is the alternate payee for purposes of this QDRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
Richard G. Fetrow
7517 Wertzville Road
Carlisle, PA 17013
Social Security No.: 176-54-2115
Date of Birth: May 6, 1961
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
are:
Kim I. Fetrow
82 Vasil os Drive
Carlisle, PA 17013
Social Security No.: 178-56-2094
Date of Birth: September 16,1961
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;.
QbRO
Page 2
The Alternate Payee shall have the duty to notify the Plan Administrator in writing of
any changes in this mailing address subsequent to the entry of this Order.
7. The amount payable to the Alternate Payee is 100% of the Participant's account
balance as of the date of segregation, minus any outstanding loans.
8. The Alternate Payee's benefits will be segregated into a separate account within the
Plan established for the Alternate Payee within a reasonable period of time.
9, This QDRO does not require the Plan to provide any type or form of benefit the Plan
does not otherwise provide.
10. This QDRO does not require the Plan to provide increased benefits.
11. 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.
12. The Plan shall distribute to the Alternate Payee her benefits (as designated in
Paragraph 7 of this QDRO), as soon as administratively feasible following the Plan
Administrator's approval of this Order.
13. The distribution shall be a direct rollover to an individual retirement account for the
Alternate Payee.
14. The Alternate Payee is entitled to all rights and election privileges afforded to active
Participants under the Plan with respect to withdrawals, receiving distributions and/or directing
investments, but the Alternate Payee shall not be entitled to obtain loans of any amount from the
Plan.
15. It is the intention of the parties that this QDRO continue to qualified as a QDRO under
Code ~414(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.
16. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments and shall forthwith pay such amount so received directly to the Alternate Payee within
ten (10) days of receipt.
In the event that the Plan inadvertently pays to the Alternate Payee any benefits that
are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall
immediately reimburse the Participant to the extent that she has received such benefit payments
and shall forthwith pay such amount so received directly to the Participant within ten (10) days of
receipt.
. .
it' Q1JRO
Page 3
17. Mter payment of the amount required by this QDRO, the Alternate Payee shall have no
further claim against the Participant's interest in the Plan.
18. The Alternate Payee assumes sole responsibility for the tax. consequences of the
distribution under this QDRO. The Plan Trustee is authorized to issue an IRS Form W-2P, 1099-
R or any applicable tax. forms on any direct payment made to the Alternate Payee.
19. The Alternate Payee's right to the amount assigned to her under this QDRO shall not
be affected by the Participant's death (whether before or after benefit payments to the Alternate
Payee have commenced). In the event of the Alternate Payee's death prior to the commencement
of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the
remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the
Alternate Payee and recorded with the Plan Administrator under the terms of the Plan. If no
designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate
Payee's estate.
20. The Plan shall treat this QDRO in accordance with Code ~414(p)(7). 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 the Alternate Payee
while the Plan is determining the qualified status of this QDRO.
21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee
of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's
procedures for determining the qualified status of this QDRO. The Plan Administrator shall
determine the qualified status of the QDRO and shall notifY the Participant and the Alternate
Payee of the determination within a reasonable period of time after receipt of this QDRO.
, .'
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)~. QDRO
Page 4
22. 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.
A certified copy of this QDRO shall be served upon the Plan Administrator.
EXECUTED this 1.,j day of
~
"l4"O ("
BY THE COURT
CONSENT TO ORDER:
PLA~~
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Signature /
DEFENDAN~ALTERNATEPAYEE
AI -2:)'06
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Date
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Signature
/0-J6-oh
Date
ATTORNEY FOR PLAINTIFF/
PARTICIPANT
Date
A'ITORNEY FOR DEFENDANT/
ALTERNATE PAYEE
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Date
10 -;.ff- 0 Ie
.
II
, ~:i
RICHARD G. FETROW,
Plaintiff
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)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 05-2762 CIVIL
KIM 1. FETROW,
Defendant
IN DIVORCE
TOINT MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW come the above-named parties, by their respective counsel, and jointly
move the court to enter the attached Qualified Domestic Relations Order to implement one of
the provisions of their Property Settlement Agreement.
Date: I 0 ~ ~ 5 ,0 (P
Date: 23. Oc::b'av ~
~
Attorney for Defendant
Supreme Court ID # 17225
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