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HomeMy WebLinkAbout05-3942PATRICIA A. FRANKS, Plaintiff V. JOHN M. FRANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property of other rights important to you, including the 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 at the Office of the Prothonotary. 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 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 PATRICIA A. FRANKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. JOHN M. FRANKS, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Patricia A. Franks, by and through her attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is Patricia A. Franks (SS# 206-48-2692), an adult individual, currently residing at 4902 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is John M. Franks (SS# 161-58-6252), an adult individual, currently residing at 4902 Delbrook Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on August 22, 1992, in New Cumberland, York County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part hereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 10. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce decree dissolving the marriage between Plaintiff and Defendant. Count It - Custody 11. The allegations of Paragraphs 1 through 10 are incorporated herein by reference and made a part hereof. 12. Plaintiff is seeking primary physical custody of the minor children: Jacob Franks (DOB 12/21/94) and Justin Franks (DOB 4/17/98). The children were not born out of wedlock. The children are presently in the custody of the parties at 4902 Delbrook Road, Mechanicsburg, PA 17050, and have resided with them for the past five years. 13. The relationship of the Plaintiff to the child is that of Mother. 14. The relationship of the Defendant to the child is that of Father. 15. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 16. The best interest and permanent welfare of the children will be served by granting the Plaintiff primary physical custody. WHEREFORE, Plaintiff requests the Court to grant her primary physical custody of the minor children. RESPECTFULLY 1104 Fernw0d Avenue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 Date: 07f of I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. J 7 Patricia A. anks Date: ? /o-s W 0 0 W PATRICIA A. FRANKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3942 Civil Term JOHN M. FRANKS, CIVIL ACTION - LAIN Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Matthew Hunt, Private Investigator, hereby certify that I personally served a certified copy of the Complaint in Divorce to the Defendant, John M. Franks, in the above-referenced matter on August 1 ? , 2005, at approximately , /D o'clock -P-.m. Matthew Hunt Date: a ?a ?? Un i .,31s+ x PATRICIA A. FRANKS, PLAINTIFF V. JOHN M. FRANKS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-3942 CIVIL TERM CIVIL ACTION - LAW DIVORCE ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance as attorney for the Defendant, John M. Franks. Date: SAA.41r.- 71200S sb Thomas D. Gould, Esquire I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 n ? G_ r> ?? c? ?'?! r'? -i ti?? ...., .,1 :??, L. ? _t_ f .`e CT' p.J "_ _r'1 W :iJ .? PATRICIA A. FRANKS, Plaintiff V. JOHN M. FRANKS, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3942 CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER This Stipulation is made this 2 `A day of _M 5) , 2006, by and between PATRICIA ANN FRANKS (hereafter "Mother"), of Cumberland County Pennsylvania, and JOHN MICHAEL FRANKS (hereafter "Father") of Cumberland County Pennsylvania: WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on August 22, 1992, in Cumberland County, Pennsylvania; WHEREAS, two children were born of this marriage, namely Jacob Franks (DOB 12/21/94) and Justin Franks (DOB 4/17/98); WHEREAS, on August 2, 2005, Mother initiated an action for divorce at the above captioned action number in the Court of Common Pleas of Cumberland County; WHEREAS, the parties hereto are desirous of entering into this stipulated custody order that specifically settles the issue of legal and physical custody of their children without the necessity of court intervention; NOW, THEREFORE, in consideration of these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, agrees as follows: Legal Custody. Mother and Father shall share legal custody of their children, legal custody being defined as the right to make major decisions affecting the best interest of the children, including, but not limited to, medical, religious, moral and educational decisions. The parties agree to discuss and consult with one another with a view toward adopting a harmonious policy calculated to promote the children's best interests. Each party shall have the right to be kept informed of the children's educational, social, moral and medical development. Each party shall be entitled to full and complete records and information concerning the children from any doctor, dentist, teacher, treatment institution or similar authority and to have copies of any reports, notices or other communications given to either parent. Each party shall notify the other of any matter relating to the children which could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of the children at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of the emergency and consult with him or her as soon as possible. 2. Physical Custody. The parties agree that Mother shall maintain primary physical custody of the children subject to the Father's periods of partial custody in accordance with the following: (a) On alternating weekends from Saturday at 6:00 pm through Sunday at 6:00 pm: (b) At such other times as the parties agree; 3. Mother's Day/Father's Day. The parties agree that Mother shall have custody of the children each and every Mother's Day from 9:00 am through 6:00 pm, and Father shall have custody of the children each and every Father's Day from 9:00 am until 6:00 pm. 4. Thanksgiving Holiday. The parties shall alternate the Thanksgiving holiday, which shall be defined as commencing Thanksgiving Day at 9:00 am and concluding that evening at 9:00 pm. The Thanksgiving holiday shall be divided into two segments, each of which shall be six hours in duration. Segment one shall run from 9;00 am and conclude at 3:00 pm; segment two shall run from 3:00 pm and conclude at 9:00 pm. In all even-numbered years, Father shall have custody of the children for segment one, and Mother shall have custody of the children for segment two. In all odd-numbered years, Mother shall have custody of the children for segment one, and Father shall have custody of the children for segment two. The Thanksgiving holiday shall take precedence over the regular schedule. In the event that Father's work schedule precludes his exercise of some or all of his time with the children, the children shall remain with, or be returned early to their mother's custody. 5. Christmas/New Year's Holiday. The parties agree as follows with respect to the Christmas/New Year's holiday, which shall take precedence over the regular schedule; (a) In all even-numbered years, Mother shall have the children from 12:00 Noon on Christmas Eve until 12:00 Noon on Christmas Day, and Father shall have custody of the children from 12:00 Noon on Christmas Day until 12:00 Noon on December 26th ; (b) In all odd-numbered years Father shall have custody of the children from 12:00 Noon on Christmas Eve until 12:00 Noon on Christmas Day, and Mother shall have custody of the children from 12:00 Noon on Christmas Day until 12:00 Noon on December 26th. In the event that Father's work schedule precludes his exercise of some or all of his time with the children, the children shall remain with, or be returned early to their mother's custody; (c) In all even-numbered years, Mother shall have custody of the children from Noon on New Year's Eve until 12:00 Noon on New Year's Day, and Father shall have custody of the children from 12:00 Noon New Year's day until 12:00 Noon on January 2nd; (d) In all odd-numbered years, Father shall have custody of the children from 12:00 Noon on New Year's Eve until 12:00 Noon on New Year's Day, and Mother shall have custody of the children from 12:00 Noon on New Year's day until 12:00 Noon on January 2"d. In the event that Father's work schedule precludes his exercise of some or all of his time with the children, the children shall remain with, or be returned early to their mother's custody. 6. Children's Activities. The parties shall ensure that the children participate in all regularly scheduled activities during their periods of custody. If the designated time for pick up or return of the children occurs during a scheduled activity, then pick up or return shall occur at the activity. 7. Transportation. The parties shall share transportation and the party receiving custody shall be responsible for pick up of the children. It is specifically understood and agreed by the parties that neither party, at any time during exchanges of custody, shall enter the home or place of employment of the other party. The parties further understand and agree that in the event that either party violates this provision, said conduct shall constitute a breach of this agreement and shall constitute contempt of court. 8. Disparaging Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other either directly to the children or in the presence of the children. 9. Alcohol/Controlled Substances. During any period of custody, the parties shall not possess or use any controlled substances, and neither party shall consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that other household members and/or guests comply with this prohibition. 10. Telephone/Address. Each party shall keep the other apprised of his or her telephone number and address. Each party shall be entitled to reasonable telephone privileges with the children while the children are in the custody or control of the other party. Under no circumstances shall the parties discuss the children's custody schedules or changes thereto directly with the children or to permit third parties to do so. All scheduling issues shall be discussed only between the parties and the children shall at no time be utilized as "messengers". 11. Entry of Court Order. The parties agree that the terms and provisions of this Stipulation shall be entered as an Order of Court upon the filing of all necessary documents. The parties agree to be equally responsible for any and all filing fees or court costs incurred in filing the N Ann ?%T ?+ ? ??JourlO Thomas Gould, Esquire C N C77 _ - j N _1? rt PATRICIA A. FRANKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3942 JOHN M. FRANKS, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 2, 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 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 herein 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. John Michael Franks Date: s"•-- aL riT ? s . ? ? ?sr cn , . 4 JUN 0 7 2006 PATRICIA A. FRANKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3942 JOHN M. FRANKS, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this ? ? day of June, 2006, it is ORDERED and DECREED that the terms and conditions of the attached Stipulation for Entry of Agreed Upon Order of Custody Order are incorporated herein and hereby made an Order of Court. BY THE COURT: O 1 Gl :0 til"I 8- 'Mr 40G1 AddON, ;J.:, a ]Hi J0 PATRICIA A. FRANKS, Plaintiff V. JOHN M. FRANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3942 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 2, 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. 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 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 herein 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 Date: lel4) TTI -vim - - MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 96 day of -M?1-1 2006, by and between John Michael Franks (HUSBAND) and Patricia Ann Franks (WIFE) WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on August 22, 1992, in New Cumberland, Pennsylvania. There were two children born of this marriage: Jacob Franks (DOB 12/21/94) and Justin Franks (DOB 4/17/98). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, 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; the 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; 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 mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE's Cumberland County divorce action docketed to number 05-3942. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE. The parties agree that unless 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. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6• DATE OF EXECUTION 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. 7. 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. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Charles Rector, Esquire for WIFE, and Thomas D. Gould, Esquire, for HUSBAND. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of 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. 9. FINANCIAL DISCLOSURE. The parties confirm that each party has made a full and fair disclosure to the other of all of their assets, debts and incomes and that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that party's non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property. With respect to said division the parties agree that HUSBAND shall receive as his sole and separate property all items currently in his possession and WIFE shall receive as her sole and separate property all items of tangible personal property in her possession. Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: WIFE waives all right, title and interest she may have in and to the 2003 Pontiac Grand Am to HUSBAND. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and 6 interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 14. NET PROCEEDS FROM SALE OF MARITAL HOME. WIFE shall retain as her sole and separate property the net proceeds derived from the sale of the marital home, which proceeds total $431.60. HUSBAND waives all right, title and interest he may have in and to said proceeds. 15. DIVISION OF HUSBAND'S AT&T SAVINGS PLAN. Except as specifically set forth below, WIFE and HUSBAND hereby specifically release and waive any and all right, title, claim or interest that she or he may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans,401 K plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party. In regard to HUSBAND' AT&T Savings Plan, the parties agree that HUSBAND shall take all steps necessary, as soon as practicable, following execution of this Agreement, to rollover to the IRA account of WIFE's choosing the sum of $4,508 plus any proportionate increases or decreases from June 20, 2005, to the date of rollover. WIFE shall be solely responsible for all costs associated with the preparation of the documents necessary for such rollover. However, the parties acknowledge that this is meant to be a tax free rollover. After the rollover has occurred, HUSBAND shall retain any remainder of his Savings Plan as his sole and separate property, free from any and all right, title, claim and/or interest of WIFE. However, until said rollover occurs, HUSBAND shall maintain WIFE as beneficiary of the account equal to her equitable distribution entitlement thereto. 16. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and exclusive property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 17. MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 18. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest or claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 19. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of obligations incurred by her. 20. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 21. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy consistent with 11 USC 52(a)5 and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subjected to court determination the same as if this Agreement had never been entered into. 22. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 23. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment 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. In the event that the parties receive a tax refund for the 2005 tax year, said refund shall be divided equally. 10 24. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced [and/or finalized], both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division. 25. WAIVER OF ALIMONY, ALIMONY PENDENTE L/TE, SPOUSAL SUPPORT COUNSEL FEES MAINTENANCE AND COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support, maintenance, counsel fees and costs. 26. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. The parties further understand and agree that neither shall enter the dwelling place of the other or the employer of the other under any circumstances whatsoever. The parties further understand and agree that in the event that either party enters the home or place of employment of the other party, said conduct shall constitute a breach of this agreement pursuant to Paragraph 30 herein contained and further it shall constitute contempt of the agreed upon Custody Order 11 entered by the Court, and further shall constitute criminal trespass and shall be immediately reportable to law enforcement officials consistent with this agreement. 27• MUTUAL RELEASES. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, 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 situate, which he or she now has or at any time hereafter may have against such 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 testamentary, or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to 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 12 only 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. 28. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 30. 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. 31. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 32. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as 13 their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 33. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may 14 hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages. 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. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. (d) Any other remedies provided for in law or in equity. 35. SEVERABILITY If any term, condition, clause or provision of this Agreement shall be determined 15 36. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 37. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: Jo M' hael Franks cc Patricia Ann Franks 16 STATE OF PENNSYLVANIA i COUNTY OF 64 niter In fop ( SS. On this, the day of , 2006, before me the undersigned officer, personally appeared John Michael ?Frkswn to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. Notarial Seal umia M. Gould, Notary Public SNMmynrar>stown Boro, C9wsftA land STATE OF PENNSYLVANIA 'CO"?'""?10"?""??•?.? ( Member, Pennsxivanla Association of Notaries COUNTY OF CUMBERLAND ( SS. )K On this, the day of , 2006, before me officer, personally appeared Patricia Ann ranks known to me (or satisfacthe undersi torily pro gn ) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. TAMMY S, FAUST, Notary Public Lower Allen Twp„ Cumberland County My Commission Expires July g, 6 17 t ? =? r? ?'_' Y:..? :? .. t..f .. --? r _.? T ,y ? ? - ? r.? "" "s -_ a a? r:. ? =i ?;} - =- , y ? PATRICIA A. FRANKS, Plaintiff V. JOHN M. FRANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3942 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the Court for entry of a divorce decree: 1. Ground for a divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Affidavit of Service of Dersonal service to Defendant filed August 29 2005 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff 06/05/06, by the Defendant 05/26/06. (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the Defendant: 4. Related claim 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, if the decree is to be entered under section 3301 (d) of the Divorce Code: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary 06/09/06. Date Defendant's Waiver of Notice 3301(c) was filed with the Prothonotary 06/06/06. q-h arl es Date: 06/12/06 Rect, Es N orney for ge Plaintiff j L_ t?J .3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NO. n,;_zaa9 VERSUS JOHN M. FRANKS DECREE IN DIVORCE AND NOW, J?l17G Z t Z60, IT IS ORDERED AND DECREED THAT Rntri-'3-A 8ranks , PLAINTIFF, AND T?h ?ra}}?rg 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 The parties Marriage Settlement Agreement dated May, 26, 2006, i L, d h 4 and ineeEpeEated herein Fri enE nt purposes only pursuant to Section 3105 of the Pennsylvania Divorce Code. BY THE COURT: ,r-j: J. r PROTHONOTARY ,'- L-,° W,L,C-V Y PATRICIA A. FRANKS, Plaintiff/Appellant V. JOHN M. FRANKS, Defendant/Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3942 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF APPEAL Notice is given that Patricia A. Franks, Plaintiff, appeals to the Superior Court of Pennsylvania the Divorce Decree entered in this matter on June 21, 2006. This Decree has been entered in the docket as evidenced by the attached Hof the docket BY: ,-' 6har4es Rector, E?uire (ID # 39121) 1104 Fernwood venue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Appellant Date: ?' l d 6 133%2407172006 Cumberland County Prothonotary's Office ? Page 1 PYS510, - Civil Case Print I- 2005-03942 FRANKS PATRICIA A (vs) FRANKS JOHN M Reference No..: Case Type.....: COMPLAINT - DIVORCE Filed........: Ti 8/02/2005 me.........: 11:18 Judgment...... 00 Judge Assigned: OLER J WESLEY JR Execution Date Jury Trial 0/00/0000 Disposed Desc.: GRANTED ------------ Case Comments ------------- .... Disposed Date. i 6/21/2006 H gher Crt 1.: Higher Crt 2.: ************************************************* ******************************* General Index Attorney Info FRANKS PATRICIA A PLAINTIFF 4902 DELBROOK ROAD RECTOR CHARLES MECHANICSBURG PA 17050 FRANKS JOHN M DEFENDANT 4902 DELBROOK ROAD GOULD THOMAS D MECHANICSBURG PA 17050 ******************************************************************************** * Date Entries 8/02/2005 COMPLAINT - DIVORCE - ADDL COUNT - CUSTODY -------------------------- ------------------------------------ 8 29/2005 AFFIDAVIT OF SERVICE FOR COMPLAINT IN DIVORCE - BY MATTHEW HUNT ------------------------------ ------------------------------------- 9 07/2005 ENTRY OF APPEARANCE FOR DEFT - BY THOMAS D GOULD ESQ --------------------------------------------------- ---------------- 6 06/2006 STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER - BY CHARLES RECTOR ATTY FOR PLFF / THOMAS GOULD ATTY FOR DEFT / PLFF & DEFT ------------------------------------------------------------------- 6/06/2006 AFFIDAVIT OF CONSENT - DEFENDANT --------------------------------- ---------------------------------- 6 06/2006 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-DEFT ---------------------------------------- _ 6/08/2006 ORDER OF COURT - 06-07-06 - IN RE: TERMS AND CONDITIONS OF THE ATTACHED STIPULATION FOR ENTRY OF AGREED UPON ORDER OF CUSTODY ORDER ARE INCORPORATED HEREIN AND HEREBY MADE AN ORDER OF COURT - BY J WESELY OLER JR J - COPIES MAILED 06-08-06 ---------------------------- --------------------------------------- 6 09/2006 AFFIDAVIT OF CONSENT - PLAINTIFF ------------------------ ---------------------------------- 6 09 2006 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIV DECREE-PLFF ------------------------------------------------------------------- 6/14/2006 MARRIAGE SETTLEMENT AGREEMENT ------ ------------------------------------------------------------- 6/14/2006 PRAECIPE TO TRANSMIT RECORD --------------------------------- ---------------------------------- 6 21/2006 DIVORCE DECREE ENTERED BY J WESLEY OLER JR J NOTICE MAILED - - - - - - - - - - - - - - LAST ENTRY - - - - - - - - - - - - - - ******************************************************************************** * Escrow Information * Fees & Debits Beg Bal Pmts/Ad' End Bal ******************************** ******** ****** ******************************* DIVORCE TAX ON CMPLT 35.00 35.00 .00 SETTLEMENT ' .50 5.00 .50 5 00 .00 00 MASTER S FEE DIV PA SURCHG 125.00 . 125.00 . .00 AUTOMATION FEE 10.00 5 00 10.00 5 00 .00 JCP FEE ADD CUSTODY COU . 10.00 . 10.00 .00 .00 JCP FEE 55.00 10.00 55.00 1 .00 00 CUSTODY FEE CUSTODY FEE-CO 4.80 4.80 . .00 1.20 -------------- 1.20 --- 00 261.50 ------- --- 261.50 --------- .00 1337240„172006 Cumberland County Prothonotary's Office Page 2 PYr51.0t Civil Case Print 2005-03942 FRANKS PATRICIA A (vs) FRANKS JOHN M Reference No..: Filed......... 8/02/2005 Case Type.....: COMPLAINT - DIVORCE Time.........: 11:18 Judgment...... 00 Execution Date 0/00/0000 Judge Assigned: OLER J WESLEY JR Jury Trial.... Disposed Desc.: GRANTED Disposed Date. 6/21/2006 ------------ Case Comments ------------- Higher Crt 1.: * End of Case Information Higher Crt 2.: '1`RUE COPY FROM R RD M Tesoro mp whered, i here unto set my h ,mod the sea of std Cour,?.et WHO, P't, PATRICIA A. FRANKS, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Appellant : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3942 CIVIL TERM JOHN M. FRANKS, : CIVIL ACTION - LAW Defendant/Appellee : IN DIVORCE PROOF OF SERVICE I hereby certify that I am this day serving the notice of appeal upon the persons and in the manner indicated below which service satisfies the requirements of Pa.R.A.P. 121: Service by first-class mail addressed as follows: Honorable J. Wesley Oler - (717) 240-6530 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Taryn N. Dixon, Court Administrator - (717) 240-9190 Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Thomas D. Gould, Esquire - (717) 731-1461 2 E. Main Street Shiremanstown, PA 17011 (Attorney for Appellee) BY: Charles Rector, Es ire (D # 39121) I64 Fernwood )(venue, Camp Hill, PA 7011-6912 (717) 761-8101 Attorney for Appellant Date: PATRICIA A. FRANKS, Plaintiff/Appellant V. JOHN M. FRANKS, Defendant/Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3942 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER FOR TRANSCRIPT PURSUANT TO Pa.R.C f. 1911 A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate BY: tales Rector?sq 're (ID # 39121) 1104 Fernwoo Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Appellant Date: ? t U 1:57 P.M. s . Appeal Docket Sheet Docket Number: 1199 MDA 2006 X55- 3142- Superior Court of Pennsylvania Page 1 of 3 July 18, 2006 Patricia A. Franks, Appellant V. John M. Franks Initiating Document: Notice of Appeal Case Status: Active Case Processing Status: July 18, 2006 Awaiting Original Record Journal Number: Case Category: Civil CaseType: Divorce Consolidated Docket Nos.: Related Docket Nos.: SCHEDULED EVENT Next Event Type: Receive Docketing Statement Next Event Due Date: August 1, 2006 Next Event Type: Original Record Received Next Event Due Date: August 28, 2006 7/18/2006 3023 1:57 P.M. r Appeal Docket Sheet Superior Court of Pennsylvania Docket Number: 1199 MDA 2006 Pane 2 of 3 July 18, 2006 COUNSEL INFORMATION Appellant Franks, Patricia A. Pro Se: Appoint Counsel Status: IFP Status: No Appellant Attorney Information: Attorney: Rector, Charles Alexander Bar No.: 39121 Law Firm: Rector, Charles, Law Offices Of, P.C. Address: Suite 203 1104 Fernwood Avenue Camp Hill, PA 17011-6912 Phone No.: (717)761-8101 Fax No.: (717)761-2161 Receive Mail: Yes E-Mail Address: Receive E-Mail: No Appellee Franks, John M. Pro Se: Appoint Counsel Status: IFP Status: Appellee Attorney Information: Attorney: Gould, Thomas D. Bar No.: 36508 Law Firm: Address: 2 E Main Street Shiremanstown, PA 17011-6309 Phone No.: (717)731-1461 Fax No.: (717)761-1974 Receive Mail: Yes E-Mail Address: Receive E-Mail: No FEE INFORMATION Paid Fee Date Fee Name Fee Amt Amount Receipt Number 7/18/06 Notice of Appeal 60.00 60.00 2006SPRMD000639 TRIAL COURT/AGENCY INFORMATION Court Below: Cumberland County Court of Common Pleas County: Cumberland Division: Civil Date of Order Appealed From: June 21, 2006 Judicial District: 9 Date Documents Received: July 18, 2006 Date Notice of Appeal Filed: July 17, 2006 Order Type: Order Dated OTN: Judge: Oler, Jr., J. Wesley Judge Lower Court Docket No.: 05-3942 CIVIL TERM ORIGINAL RECORD CONTENTS 7/18/2006 3023 1:57 P.M. r .. Appeal Docket Sheet Docket Number: Page 3 of 3 July 18, 2006 1199 MDA 2006 Superior Court of Pennsylvania Original Record Item Date of Remand of Record: Filed Date Content/Description BRIEFS DOCKET ENTRIES Filed Date Docket Entry/Document Name Party Type Filed By July 18, 2006 Notice of Appeal Filed Appellant Franks, Patricia A. July 18, 2006 Docketing Statement Exited (Civil) Middle District Filing Office 7/18/2006 3023 <'?: - ?, - ? ? ?? , ?? - _' . _: _, i;? -. ti t_r, -. ? ?, c: •-? PATRICIA A. FRANKS, Plaintiff/Appellant V. JOHN M. FRANKS, Defendant/Appellee IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3942 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ORDER FOR TRANSCRIPT PURSUANT TO Pa.R.C.P. 1911 A Notice of Appeal having been filed in this matter, the official court reporter is hereby ordered to produce, certify and file the transcript in this matter in conformity with Rule 1922 of the Pennsylvania Rules of Appellate BY: Charles Rector sq 're (ID # 39121) 1104 Fernwoo Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Appellant Date: -? t U Co PATRICIA A. FRANKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOHN M. FRANKS, Defendant NO. 05-3942 CIVIL TERM ORDER OF COURT AND NOW, this 19`s day of July, 2006, upon consideration of the Notice of Appeal filed in the above-captioned matter, Appellant is DIRECTED, pursuant to Pa. R.A.P. 1925(b), to file of record in this Court and to serve upon the undersigned judge a concise Statement of Matters Complained of on Appeal no later than 14 days after entry of this Order. harles A. Rector, Esq. Suite 203 1104 Fernwood Avenue Camp Hill, PA 17011-6912 J Attorney for Appellant /Thomas D. Gould, Esq. 2 East Main Street Shiremanstown, PA 17011-6309 Attorney for Appellee D \9 O :rc BY THE COURT, ?. ., I v SUPERIOR COURT OF PENNSYLVANIA MIDDLE DISTRICT PATRICIA A. FRANKS Appellant 05.3q 4a V. : NO.. JOHN M. FRANKS Appellee PRAECIPE TO DISCONTINUE APPEAL PURSUANT TO Pa.R.A.P, 1973(a) To the Prothonotary: Please discontinue the appeal filed by Patricia A. Franks in the above-captioned matter. Respectfully Charles Rector, lgquir 1104 Fernwood Avenue, te. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Appellant Date: August 1, 2006 ?. ,? C^: IN THE SUPERIOR COURT OF PENNSYLVANIA SITTING IN HARRISBURG No.1199 MDA 2006 Patricia A. Franks V. John M. Franks : Appeal from the OE 6/21/06 :Court of Common Pleas :for the county of Cumberland :No. 05-3942 CV 8/3/06 - The above appeal is hereby withdrawn and discontinued by order of: Charles A. Rector,. Esguire Attorney for Appellant 8/3/06 - DISCONTINUED TRUE COPY FROM RECORD IN TESTIMONY WHEREOF, I have hereunto set my hand and the seal of said Court, at Harrisburg, this 3rd day of August 2006 De uty Prothonotary o Sii 'Apo c ? PATRICIA A. FRANKS, Plaintiff V. JOHN M. FRANKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3942 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPROVAL OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, comes the Plaintiff, Patricia A. Franks, by and through her attorney Charles Rector, Esquire, and files the within in support of her Motion for Approval of Qualified Domestic Relations Order: 1. The parties were married on August 22, 1992. 2. The parties entered into a comprehensive Marriage Settlement Agreement on May 26, 2006, which provides inter alia, for Plaintiff/Wife to receive through a Qualified Domestic Relations Order, the amount of $4,508, from Defendant/Husband's AT&T Savings Plan (also known as the Cingular Wireless Retirement Plan). (See Marriage Settlement Agreement attached hereto and marked as Exhibit NA," at paragraph 15.) 3. The Agreement further provides that "HUSBAND shall maintain WIFE as beneficiary of the account equal to her equitable distribution entitlement thereto." 4. The parties were divorced on June 21, 2006. 5. On July 8, 2006, Defendant died following an automobile accident. 6. William P. Douglas, Esquire, represents the Estate of Defendant, John M. Franks and concurs with this Motion. (See Certificate of Concurrence attached hereto and marked as Exhibit "B"). 7. Thomas Gould, Esquire represented Defendant/Husband prior to his death and concurs with this Motion. (See Certificate of Concurrence attached hereto and marked as Exhibit "C"). 8. A Qualified Domestic Relations Order is required to facilitate former wife's equitable distribution share of former husband's deferred compensation plan. (See Exhibit "D" attached). WHEREFORE, Plaintiff respectfully requests that your Honorable Court grant her Motion for Approval of Qualified Domestic Relations Order and enter as an Order of Court the proposed Qualified Domestic Relations Order attached hereto. C lo2 7-/6 )- Date: GMfles Rector, squire - 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff I verify that the statements made herein are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. atricia A. Franks Date: 6 CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the Lff day of June, 2007, I caused a true and correct copy of the within to be served upon the following persons by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Thomas D. Gould, Esquire 2 E. Main Street Shiremanstown, PA 17011 William Douglas, Esquire P. O. Box 261 Carlisle, PA 17013 By:?,-` --?- Charles Rector, 1104 Fernwoo4 Camp Hill, PA (717) 761-8101 Avenue, Ste. 203 17011-6912 Date: G °? Q MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this (91n day of , 2006, by and between John Michael Franks (HUSBAND) and Patricia Ann Franks (WIFE) WITNESSETH: WHEREAS, the parties hereto are HUSBAND and WIFE, having been married on August 22, 1992, in New Cumberland, Pennsylvania. There were two children born of this marriage: Jacob Franks (DOB 12/21/94) and Justin Franks (DOB 4/17/98). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, 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; the 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; 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 mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, WIFE and HUSBAND, each intending to be legally bound hereby, covenant and agree as follows: r h' i. 1. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS. This Agreement shall not be considered to affect or bar the rights of HUSBAND and WIFE to an absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred or may occur subsequent to the date hereof. The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301(c) of the Divorce Code in WIFE's Cumberland County divorce action docketed to number 05-3942. Upon the signing of this Agreement, the parties shall execute and file all documents and papers, including affidavits of consent, necessary to finalize said divorce. 3. EFFECT OF DIVORCE DECREE. The parties agree that unless 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. 4. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. 5. NON-MERGER. It is the parties' intent that this Agreement does not merge with the Divorce Decree, but rather shall continue to have independent contractual significance. Each party maintains his or her contractual remedies as well as court ordered remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. Those remedies shall include, but not be limited to, damages resulting from breach of this Agreement, specific enforcement of this Agreement and remedies pertaining to failure to comply with an order of court or agreement pertaining to equitable distribution, alimony, alimony pendente lite, counsel fees and costs as set forth in the Pennsylvania Divorce Code or other similar statutes now in effect and as amended or hereafter enacted. 6. DATE OF EXECUTION. 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. 7. 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. 8. ADVICE OF COUNSEL. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, Charles Rector, Esquire for WIFE, and Thomas D. Gould, Esquire, for HUSBAND. The parties acknowledge that they have received independent legal advice from counsel of their selection and that they fully understand the facts and have been fully informed as to their legal rights and obligations and they acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of 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. 9. FINANCIAL DISCLOSURE. The parties confirm that each party has made a full and fair disclosure to the other of all of their assets, debts and incomes and that each has relied on the substantial accuracy of the financial disclosure of the other, as an inducement to the execution of this Agreement. 10. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court held hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in his or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non- marital property as defined by the Pennsylvania Divorce Code. 4 b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. C. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to a party that property which the court determines to be that party's non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/or arising out of the marital relationship, including but not limited to possible claims for divorce, child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, custody, visitation, and counsel fees, costs and expenses. 11. PERSONAL PROPERTY. The parties acknowledge that they have previously agreed to a division of all of their tangible personal property including, but not limited to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other tangible personal property. With respect to said division the parties agree that HUSBAND shall receive as his sole and separate property all items currently in his possession and WIFE shall receive as her sole and separate property all items of tangible personal property in her possession. Each of the parties hereto does waive, release, and forever abandon any right and all title, interest and claim, in and to the tangible personal property to become the property of the other party pursuant to the terms of this paragraph. 12. AFTER-ACQUIRED PROPERTY. Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, with or without non-marital assets, after the date of this Agreement, 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 and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after acquired property of the other party pursuant to the terms of this paragraph. 13. DIVISION OF VEHICLES. With respect to the vehicles owned by one or both of the parties, or the net proceeds or value derived from any prior sale or trade in thereof, they agree as follows: WIFE waives all right, title and interest she may have in and to the 2003 Pontiac Grand Am to HUSBAND. The titles or assignment of any lease agreements to said vehicles shall be executed by the parties, if appropriate, for effectuating transfer as herein provided on the date of execution of this Agreement and said executed titles/assignments shall be delivered to the proper party on the distribution date. For purposes of this Paragraph the term "title" shall be deemed to include "power of attorney" if the title or lease agreement to the vehicle is unavailable due to financing arrangements or otherwise. In the event any vehicle is subject to a lien, encumbrance, lease or other indebtedness in the party receiving said vehicle as his or her property shall take it subject to said lien, encumbrance, lease or other indebtedness and shall be solely responsible therefor and said party further agrees to indemnify, protect and save the other party harmless from said lien, encumbrance, lease or other indebtedness. Each of the parties hereto does specifically waive, release, renounce and forever abandon whatever right, title and interest he or she may have in the vehicle(s) that shall become the sole and separate property of the other pursuant to the terms of this Paragraph. 14. NET PROCEEDS FROM SALE OF MARITAL HOME. WIFE shall retain as her sole and separate property the net proceeds derived from the sale of the marital home, which proceeds total $431.60. HUSBAND waives all right, title and interest he may have in and to said proceeds. 15. DIVISION OF HUSBAND'S AT&T SAVINGS PLAN. Except as specifically set forth below, WIFE and HUSBAND hereby specifically release and waive any and all right, title, claim or interest that she or he may have in and to any and all retirement benefits (including but not limited to pension or profit sharing benefits, deferred compensation plans,401 K plans, employee savings and thrift plans, individual retirement accounts or other similar benefits) of the other party. In regard to HUSBAND' AT&T Savings Plan, the parties agree that HUSBAND shall take all steps necessary, as soon as practicable, following execution of this Agreement, to rollover to the IRA account of WIFE's choosing the sum of $4,508 plus any proportionate increases or decreases from June 20, 2005, to the date of rollover. WIFE shall be solely responsible for all costs associated with the preparation of the documents necessary for such rollover. However, the parties acknowledge that this is meant to be a tax free rollover. After the rollover has occurred, HUSBAND shall retain any remainder of his Savings Plan as his sole and separate property, free from any and all right, title, claim and/or interest of WIFE. However, until said rollover occurs, HUSBAND shall maintain WIFE as beneficiary of the account equal to her equitable distribution entitlement thereto. 16. DIVISION OF BANK ACCOUNTS/STOCK/LIFE INSURANCE. The parties acknowledge and agree that they have previously divided to their mutual satisfaction all of their bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value and hereafter WIFE agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of HUSBAND shall become the sole and separate property of HUSBAND and HUSBAND agrees that all said bank accounts, certificates of deposit, IRA accounts, bonds, shares of stock, investment plans and life insurance cash value in the possession of WIFE shall become the sole and exclusive property of WIFE. Each of the parties does specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he or she may have in any bank account, certificates of deposit, IRA account, bonds, shares of stock, investment plans and life insurance cash value that is to become the sole and separate property of the other pursuant to the terms hereof. 17. MARITAL DEBTS. The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due. Each party agrees to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities assumed by a party pursuant to this Paragraph. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which the party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. 18. WAIVER OF INHERITANCE. Each of the parties hereto does specifically waive, release, renounce and forever abandon any right, title, interest or claim, if any, either party may have in and to any inheritance of any kind or nature whatsoever previously or in the future received by the other party. 19. WIFE'S DEBTS. WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability for which HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not contract or incur any debt or liability after the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of obligations incurred by her. 20. HUSBAND'S DEBTS. HUSBAND represents and warrants to WIFE that since the parties' marital separation he has not contracted or incurred any debt or liability for which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability after the execution of this Agreement, for which WIFE or her estate might be responsible. HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 21. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy consistent with 11 USC 52(a)5 and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subjected to court determination the same as if this Agreement had never been entered into. 22. SOCIAL SECURITY BENEFITS. The parties agree that subject to the rules and regulations of the Social Security Administration, each of the parties shall continue to be eligible for Social Security benefits to which he or she would ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration, if the parties' marriage is determined to be of ten (10) or more years in duration. 23. INCOME TAX PRIOR RETURNS. The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment 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. In the event that the parties receive a tax refund for the 2005 tax year, said refund shall be divided equally. 10 24. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property set forth in this Agreement is equitable and in the event an action in divorce is commenced [and/or finalized], both parties relinquish the right to divide said property in any manner not consistent with the terms set forth herein. It is further the intent, understanding and agreement of the parties that this Agreement is a full, complete and equitable property division. 25. WAIVER OF ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT, COUNSEL FEES. MAINTENANCE AND COSTS. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony eendente lite, spousal support, maintenance, counsel fees and costs. 26. PERSONAL RIGHTS. HUSBAND and WIFE may and shall, at all times hereafter, live separate and apart. They shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. They may reside at such place or places as they may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. HUSBAND and WIFE shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. The parties further understand and agree that neither shall enter the dwelling place of the other or the employer of the other under any circumstances whatsoever. The parties further understand and agree that in the event that either party enters the home or place of employment of the other party, said conduct shall constitute a breach of this agreement pursuant to Paragraph 30 herein contained and further it shall constitute contempt of the agreed upon Custody Order 11 entered by the Court, and further shall constitute criminal trespass and shall be immediately reportable to law enforcement officials consistent with this agreement. 27. MUTUAL RELEASES. HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, 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 situate, which he or she now has or at any time hereafter may have against such 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 testamentary, or all other rights of surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) the Commonwealth of Pennsylvania, (b) State, Commonwealth of territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise, except, and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of HUSBAND and WIFE to give to 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 12 only 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. 28. WAIVER OR MODIFICATION TO BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 29. MUTUAL COOPERATION. Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 30. 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. 31. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 32. OTHER DOCUMENTATION. WIFE and HUSBAND covenant and agree that they will forthwith (and within at least twenty (20) days after demand therefor), execute any and all written instruments, assigns, releases, satisfactions, deeds, notes, stock certificates, or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as 13 their respective counsel shall mutually agree should be so executed in order to carry out fully and effectively the terms of this Agreement. 33. NO WAIVER OF DEFAULT. This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right to such party hereafter to enforce the same, nor shall the waiver of any subsequent default of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 34. BREACH. If for any reason either HUSBAND or WIFE fails to perform his or her obligations hereunder owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies, all of which shall be deemed to be cumulative and not in the alternative, unless said cumulative effect would have an inconsistent result or would result in a windfall to the other party. (a) the right to specific performance of the terms of this Agreement, in which event the non-breaching party shall be reimbursed for all reasonable attorney's fees and costs incurred as the result of said breach and in bringing the action for specific performance. (b) the right to damages arising out of the breach of the terms of this Agreement, which damages shall include reimbursement of all attorney's fees and costs incurred as the result of the breach and in bringing the damage action. (c) the right to all remedies set forth in Section 3502(e) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. 3502(e), and any additional rights and remedies that may 14 hereafter be enacted by virtue of the amendment of said Section or replacement thereof by any other similar laws, which remedies shall include, but not be limited to: (1) the entry of judgement; (2) the authorization of the taking and seizure of goods and chattels and collection of rents and profits of real and personal and tangible and intangible property; (3) the transfer and sale of any property required to obtain compliance with the obligations undertaken by this Agreement; (4) the posting of security to insure future payments to assure compliance with the obligations undertaken by this Agreement; (5) the issuance of attachment proceedings and the holding of the Defendant to be in contempt and the making of appropriate order thereof including, but not limited to, commitment of the breaching party to county jail for a period not to exceed six (6) months; (6) the award of counsel fees and costs; (7) the attachment of the breaching party's wages. (d) Any other remedies provided for in law or in equity. 35. SEVERABILITY 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. Likewise, the failure of any party to meet his or her obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 15 36. LAW OF PENNSYLVANIA APPLICABLE. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 37. HEADINGS NOT PART OF AGREEMENT. Any heading preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH PARTY ACKNOWLEDGES THAT THE PROVISIONS OF THIS AGREEMENT SHALL BE AS BINDING UPON THE PARTIES AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESS: C Ann Fran 16 STATE OF PENNSYLVANIA ?f COUNTY OF CA rrn,be f-6 (? v ( SS. On this, the day of '--MQLLjJ, , 2006, before me the undersigned officer, personally appeared John Michael Fr ks known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. Y" Y))' Notarial Seal Leda M. Gould, Notary Public Shkemanstmn Born, Cumberland County My Commission Expires Apr. 29,20M STATE OF PENNSYLVANIA ( Member, Pennsylvania Association Of Notaries COUNTY OF CUMBERLAND ( SS. On this, the day of , 2006, before me the undersigned officer, personally appeared Patricia Ann ranks known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposed therein contained. IN WITNESS WHEREOF, I have hereunto set me hand and seal. V I?. NOTARIAL SEAL TAMMY S. FAUST, Notary Public Lower Allen Twp., Cumberland County My Commission Expires July S, tow 17 PATRICIA A. FRANKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3942 JOHN M. FRANKS, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF CONCURRENCE I, William P. Douglas, Esquire, counsel for the Estate of Defendant, John M. Franks, have reviewed the Motion of Plaintiff, Patricia A. Franks, and hereby concur with the relief requested therein for approval of a Qualified Domestic Relations Order. -V William P. Douglas, Esquire Date: ??-07 ? i PATRICIA A. FRANKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3942 JOHN M. FRANKS, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF CONCURRENCE I, Thomas Gould, Esquire, counsel for Defendant in the above-captioned matter, have reviewed the Motion of Plaintiff, Patricia A. Franks, and hereby concur with the relief requested therein for approval of a Qualified Domestic Relations Order. '0'r t '4? Thomas Gould, Esquire Date: 6 I24 I07 , Patricia Frank_ Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE John M Franks NO. 05-3942 CIVIL TERM Defendant 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) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Cingular Wireless Retirement Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) 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. John M. Franks ("Participant") is a participant in the Plan. Patricia Franks ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Estate of John M. Franks c/o William Douglas, Esquire 43 W. South Street, P.O. Box 261 Carlisle, PA 17013 Social Security #: 161-58-6252 Date of Birth: August 22, 1970 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Patricia Franks 5211 E. Trindle Road, #4 Mechanicsburg, PA 17050 Social Security #: 206-48-2692 Date of Birth: August 20, 1972 f i . ? QDRO 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 portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $4,508.00 as of the date of distribution. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. 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. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify 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) day of receipt. i , y QDRO 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. 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(pX7). As soon as administratively practicable after receipt of the proposed QDRO, 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. 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. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. • 1 ' M QDRO Page 4 23. 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. Ordered this day of BY THE COURT Judge r''-, ?3 t ?_ _.? ?? ? -s? ',''. i '? a -.. t .? ?? x . - z v. ? ?? ?} ?_ .r?l ell JUL 0 5 2001,1 PATRICIA A. FRANKS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-3942 JOHN M. FRANKS, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER AND NOW, this day of July, 2007, upon consideration of the Motion and the Court having found that the parties were divorced on June 21, 2006, that Defendant died on July 8, 2006, and that the parties' Marriage Settlement Agreement provided for a Qualified Domestic Relations Order for the benefit of Plaintiff/Wife in Defendant/Husband's AT&T Savings Plan (also known as the Cingular Wireless Retirement Plan), and upon the agreement of counsel for Husband and counsel for the Estate of John M. Franks, the Court grants the Motion. The Court concurrently with the entry of this Order hereby approves the Domestic Relations Order attached to Plaintiff/Wife's Motion, which Order shall hereby be signed separately by the Court. w - ?c U E E1. -j= ? :, C4 w J 0 0 1. 1 41 Patricia Franks Plaintiff VS. John M. Franks Defendant 'im 18 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE NO. 05-3942 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER 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) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Cingular Wireless Retirement Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) 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. John M. Franks ("Participant") is a participant in the Plan. Patricia Franks ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Estate of John M. Franks c/o William Douglas, Esquire 43 W. South Street, P.O. Box 261 Carlisle, PA 17013 Social Security #: 161-58-6252 Date of Birth: August 22, 1970 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Patricia Franks 5211 E. Trindle Road, #4 Mechanicsburg, PA 17050 Social Security #: 206-48-2692 Date of Birth: August 20, 1972 QDRO 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 portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $4,508.00 as of the date of distribution. 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. 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. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify 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) day of receipt. QDRO 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. 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). As soon as administratively practicable after receipt of the proposed QDRO, 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. 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. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. , 'k t 4 t QDRO Page 4 23. 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. Ordered this i%?ay of , i? cz. `i i OCT 15 2007 Patricia Franks IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE John M. Franks NO. 05-3942 CIVIL TERM Defendant 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) and §206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. 3. This QDRO applies to the Cingular Wireless 401(k) Savings Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) 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. John M. Franks ("Participant") is a participant in the Plan. Patricia Franks ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Estate of John M. Franks c/o William Douglas, Esquire 43 W. South Street, P.O. Box 261 Carlisle, PA 17013 Social Security #: 161-58-6252 Date of Birth: August 22, 1970 are: 6. The Alternate Payee's name, mailing address, Social Security number and date of birth Patricia Franks 5211 E. Trindle Road, #4 Mechanicsburg, PA 17050 Social Security #: 206-48-2692 Date of Birth: August 20, 1972 Lu - 3 r EL r+ ? ?f h " CD Q Ca .:..J -QDRO 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 portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $4,508.00 as of the date of account segregation (the date the award is transferred to a separate account for the Alternate Payee). 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. 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. 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her or a direct rollover to an Individual Retirement Account or a direct rollover to another eligible retirement plan. 13. On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the right to name a beneficiary, to the extent permitted under the Plan. 14. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. It is the intention of the parties that this QDRO continue to qualify 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 QDRO Page 3 and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 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. 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). As soon as administratively practicable after receipt of the proposed QDRO, 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. 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. 22. In the case of a conflict between the terms of this QDRO, and the terms of the Plan, the terms of the Plan shall prevail. 23. 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. Ordered this day of OAA---, , L f