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HomeMy WebLinkAbout05-4496HOLLY A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2005 - *f&VIL TERM BARRY L. MILLER, Defendant. IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 -W94CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO LIONS 3301(0) AND D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Holly a. Miller, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Barry L. Miller, representing as follows: 1. The Plaintiff is Holly A. Miller, an adult individual with an address of 33 Mel-Ron Court, c/o Jean Stine, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Barry L. Miller, an adult individual currently residing at 18 Mead Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on January 14, 1979 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN & McKNIGHT Dated: August 31, 2005 By: WpremfCourt I.D. No. 23? West P fret Professional West Pomfret Street Carps lvania 1701 (717) 249-2353 Esquire VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. HOLLY . MILLER Date: August 31, 2005 HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 ')'''ftIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonota y's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: August 31, 2005 2 - A GC 'U fC.(-6/zj HOLLY A. 'MILLER V 1 \ ^ ?VV clq ?c O O HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Barry L. Miller, on September 1, 2005, by certified, restricted delivery mail, addressed to him at 18 Meade Drive, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110 0004 5770 5131. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties 7Pa. C. ?j. Section 4404, relating to unsworn falsification to authorities. // „ 3 A. NIeR NIGHT, III, ESQUIRE for Plaintiff Date: September 2, 2005 o T 1' f77_ - 0 c c HOLLY A. MILLER, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM BARRY L. MILLER, Defendant. IN DIVORCE MOTION FOR APPOINTMENT OF MASTER HOLLY A. MILLER, Plaintiff, moves the court to appoint a master with. respect to the following claims: a. Equitable distribution of the marital assets; b. Alimony pendente lite; C. Alimony; d. Costs and expenses; and C. Counsel fees. and in support of the motion states: Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Holly A. Miller, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c) andior (d). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Alimony pendente lite; Alimony; Costs and expenses; and Counsel fees. 5. The action does not involve complex issues of law or fact The hearing is expected to take one-half (1/2) day. Additional information, if any, relevant to the Date: November 17, 2005 for ORDER APPOINTING MASTER AND NOW Esquire, is appointed Divorce Master with respect to the following claims: By the Court: J. HOLLY A. MILLER, Plaintiff/Petitioner, V. BARRY L. MILLER, Defendant. CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this 17th day of November 2005, comes the Petitioner, Holly A. Miller, by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief against the Respondent, Barry L. Miller, as follows: 1. The Petitioner is Holly A. Miller who is the Plaintiff in a divorce action filed at 2005- 4496 in Cumberland County, Pennsylvania. Her address is 33 Mel-Ron Court, Carlisle, Cumberland County, Pennsylvania 17013. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2. The Respondent is Barry L. Miller who is the Defendant this divorce action. His address is 18 Mead Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. The petitioner seeks the following relief from the Court: a. Equitable distribution of the marital assets; b. Alimony pendente lite; C. Alimony; d. Costs and expenses; and e. Counsel fees. WHEREFORE, the Petitioner, Holly A. Miller, requests the relief set forth above. Respectfully submitted, IRWIN & McKNIGHT By: Marcus . McK 60 West omfret Carlisle, PA 1701 717-249-2353 Supreme Court I.D. No: 25476 Attorney for the Plaintiff/Petitioner, Holly A. Miller Date: November 17, 2005 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. 7?/c-lJ1l?/ HOLLY . MILLER Date: November 17, 2005 3 + I?j Cu HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. Nnv r g 2005 IN THE COURT OF COMMON PLV)1 S OF ij CUMBERLAND COUNTY, PENNSYLYANI-- _- CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER HOLLY A. MILLER, Plaintiff, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Alimony pendente lite; C. Alimony; d. Costs and expenses; and e. Counsel fees. and in support of the motion states: Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Plaintiff, Holly A. Miller, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire. The statutory ground for divorce is No-Fault 3301(c) and/or (d). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Alimony pendente lite; Alimony; Costs and expenses; and Counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half ('/z) day. Additional information, if any, relevant to the Date: November 17, 2005 AND NOW ti- the following claims: for Esquire, is appointed Divorce Master with respect to By the C p. J. h' { (?J Ar --%. HOLLY A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM BARRY L. MILLER, Defendant. IN DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ,.. ..,' HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, Holly A. Miller, by her attorneys, Irwin & McKnight, and files this Amended Complaint in Divorce against the Defendant, Barry L. Miller, representing as follows: COUNT II - COMPLAINT IN DIVORCE PUSUANT TO SECTION 3301(a) 8. The allegations of Paragraphs one (1) through eight (8) of the Divorce Complaint are incorporated herein as if fully set forth above. 9. Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the grounds upon which this action is based that the Plaintiff is the injured spouse and that the Defendant has offered such indignities to her as to render her condition intolerable and life burdensome. 10. Pursuant to the Divorce Code, Section 3301(a)(3), the Plaintiff avers as the grounds upon which this action is based that the Plaintiff is the injured spouse and that the Defendant, by cruel and barbarous treatment, has endangered the life or health of the injured and innocent spouse. WHEREFORE, the Plaintiff requests the dissolution of the marriage between the two parties and for such further relief as your Honorable Court may deem equitable and just. Respectfully submitted, IRWIN & McKNIGHT By: Marcus ,?. M night, III, Vsr Supreme Cou I.D. No. 25476 West Pomfret Pr 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-23.53 Date: January 10, 2006 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. HOLLY A. MILLER Date: JANUARY 10, 2006 c? ? i Cl cy s HOLLY A. MILLER, Petitioner/Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW BARRY L. MILLER, NO. 2005-4496 CIVIL TERM Respondent/Defendant IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes HOLLY A. MILLER, by and through her attorneys, IRWIN & McKNIGHT, and petitions this Honorable Court as follows: 1. The petitioner/plaintiff is Holly A. Miller who currently resides at 135C West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The respondent/defendant herein is Barry L. Miller who currently resides at 18 Mead Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Petitioner and respondent were married on January 14, 1979, in Cumberland County, Pennsylvania and were separated on August 1, 2005. 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, petitioner, Holly A. Miller, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & By: Marcu A. it, III9 squir 60 We mfret Street Carlisle, 17013 Supreme Cou No-. 25476 (717) 249-2353 Attorney for the petitioner/plaintiff Date: January 10, 2006 2 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. C?. C? Zyc_L?-r HOLLY A. MILLER Date: JANUARY 10, 2006 3 ? : { i 'tl \ 1... .? Il C?7 r . , t C,O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HOLLY A. MILLER , Plaintiff NO. 2005-4496 V. CIVIL ACTION - LAW IN DIVORCE BARRY L. MILLER Defendant DRS ATTACHMENT FOR APL P-?OCEEDINGS PETITIONER NAME HOLLY A. MILLER ADDRESS 135C WEST RIDGE STREET CARLISLE, PA 17013 BIRTH DATE JANUARY 21, 1 ti SOCIAL SECURITY NUMBER 206-52-0873 HOME PHONE C 422-1477 WORK PHONE EMPLOYER NAME THORNWALD ROME EMPLOYER ADDRESS WALNUT BOTTOM ROAD CARLISLE, PA 17013 JOB TITLE/POSITION DIETARY AIDE DATE EMPLOYMENT COMMENCED 1980 GROSS PAY NET PAY $550.00 BI-WEEKLY OTHER INCOME ATTORNEY'S NAME MARCUS A. McKNIGHT 111. ESO. 60 WEST PONFRET STREET ATTORNEY'S ADDRESS CARLISLE PA 17013 ATTORNEY'S PHONE NUMBER 717-249-2353 RESPONDENT NAME BARRY L. MILLER ADDRESS 18 MEAD DRIVE CARLISLE PA, 17013 BIRTH DATE SEPTEMBER 27, 1960 SOCIAL SECURITY NUMBER HOME PHONE 249-3429 WORK PHONE EMPLOYER NAME NORTH MIDDLETON MUNICIPAL AUTHORITY EMPLOYER ADDRESS JOB TITLE/POSITION MACHINIST DATE EMPLOYMENT COMMENCED 1978 GROSS PAY 22.00 HR. NET PAY OTHER INCOME ATTORNEY'S NAME HUBER X. G R ATTORNEY'S ADDRESS 4 NORTH HANOVER STREET CARLISLE. ATTORNEY'S PHONE NUMBER 717-243-4574 MARRIAGE INFORMATION DATE OF MARRIAGE JANUARY 14, 1979 PLACE OF MARRIAGE CARLISLE, CUMBERLAND COUNTY PA DATE OF SEPARATION AUGUST 1, 2005 ADDRESS OF LAST MARITAL 18 MEAD DRIVE HOME CARLISLE, PA 17013 DESCRIPTION OF DOCUMENT PETITION FOR APL RAISING APL CLAIM DATE APL DOCUMENT FILED HOLLY A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-4496 CIVIL TERM BARRY L. MILLER, IN DIVORCE Defendant/Respondent PACSES # 919108010 ORDER OF COURT AND NOW, this 6th day of February, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R J Shadday on February 28, 2006 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on February 6, 2006 to: Petitioner Respondent Marcus A. McKnight, III, Esquire Hubert X. Gilroy, Esquire I IJ Date of Order: February 6, 2006 4Sday, onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 ?; ? <?, m -i .1:: -n - alf? 1 -'+?? ? ?'o - .. i.: ? 15 t N ? -t __ ? i{ ?? HOLLY A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-4496 CIVIL TERM BARRY L. MILLER, IN DIVORCE Defendant/Respondent PACSES # 919108010 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 28th day of February, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before A.J. Shaddav on March 20, 2006 at 9.00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return- including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed on February 28, 2006 to: Petitioner BY THE COURT, Edgar B. Bayley, President Judge Respondent Marcus A. McKnight, III, Esquire Hubert X. Gilroy, Esquire ' 1 Date of Order: February 28, 2006 " R. J. S? dday, onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND ///. - i REPRESENT YOU. 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 MAY GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 J .1 .,_1 I HOLLY A. MILLER, IN THE COURT OF COMMON PLEAS OF Plainhff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-4496 CIVIL TERM BARRY L. MILLER, IN DIVORCE Defendant'Respondent PACSES # 919108010 ORDER OF COURT AND NOW, this 20th day of March, 2006, based upon the Court's determination that Petitioner's monthly net income/earning capacity is S 1884.25 and Respondent's monthly net income/earning capacity is $3398.00, it is hereby Ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit, $450.00 per month payable as 161lows: S450.00 for alimony pendente lite and S0.00 on arrears. First payment due next pay date at S207.69 bi-weekly. Arrears set at $1350.00 as of March 20, 2006. The effective date of the order is January 10, 2006. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and its discretion make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Holly A. Miller. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 691 10 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 11 Unrcimbursed medical expenses that exceed $250.00 annually are to be paid as follows 0% by Respondent and 1001/0 by Petitioner. The Petitioner is responsible to pay the first S250.00 annually in unreimbursed medical expenses. Petitioner to provide medical insurance coverage. Within thirty (30) days after the entry of this Order, the Respondent shall submit to Petitioner written proof that medical insurance coverage has been obtained or that application for coverage has been made. Proof of coverage shall consist, at minimum, of. I ) the name of the health care coverage provider(s); 2) any applicable identification numbers; 3) any cards evidencing coverage; 4) the address to which claims should be made; 5) a description of any restrictions on usage, such as prior approval for hospital admissions, and the manner of obtaining approval; 6) a copy of the benefit booklet or coverage contract 7) a description of all deductibles and co-payments; and 8) five copies of any claim forms. This Order is based upon an agreement of the parties. Petitioner will maintain her own medical insurance. Parties agree to hold collection of the arrears in abeyance and the matter will be resolved in equitable distribution. This Order shall become final ten days after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Petitioner's Attorney Respondent Respondent's Attorney DRO: R. 1. Shaddav BY THE COURT, Mailed copies on: Pelilioncr Murch 21, 2006 Respondent Marcus A. McKnight, III. Esq. Hubert X. Gilroy, Esq. M. L. Ebert, Jr., J. O t.J -'- - j{"tl CFI ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dirt. of CUMBERLAND Date of Order/Notice 03/20/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal IN Number NORTH MIDDLETON AUTHORITY 240 CLEARWATER DR CARLISLE PA 17013-1185 165-54-3836 Employee/Obligor's Social Security Number 1913101621 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an OrderlNotice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 450. 00 per month in current support $ o . oo per month in past-due support Arrears 12 weeks or greater? Qyes ® no $ 0.00 per month in current and past-due medical support $ o . oo per month for genetic test costs $ per month in other (specify) for a total of $ 450.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 103 .85 per weekly pay period. $ 207.69 per biweekly pay period (every two weeks). $ 225. go per semimonthly pay period (twice a month). $ 450. o0 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. Date of Order: MAR 2 1 7006 DRO: R. J. Shadday Service Type M 919108010 Q Original Order/Notice 05-4496 CIVIL O Amended Order/Notice O Terminate Order/Notice RE MILLER, BARRY L. Employee/Obligor's Name (Last, First, MI) BY THE COURT: t* -t ??4 ( M. Ebert, r. , uage OMB No.. 0970-M 54 Form EN-028 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If ehecke you are required to provide a copy of this form to your employee. If yo r employee works in a state that is different from the state that issued this order, a copy must be provide ct to your employee even it the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.*-Repottrog the-Paydate/Bate-of-Withholding:-You-must-reportthe paydate/dateofwithhofdmgwhe"enciingthepayment.-The- paydate/date of withholding is-thedateortwhieh amountwaswir-thetd from the employee's wager You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See 49 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2317040360 EMPLOYEE'S/OBLIGOR'S NAME:_ MILLER, BARRY L. EMPLOYEE'S CASE IDENTIFIER: 1913101621 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Service Type M Page 2 of 2 ONIB No: 0970-0154 Form EN-028 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MILLER, BARRY L. PACSES Case Number 919108010 Plaintiff Name HOLLY A. MILLER Docket Attachment Amount 05-4496 CIVIL$ 450.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child (rem identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(reN's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Service Type M OMB No._ 097001,4 PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(reN's Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. Addendum Form EN-028 Worker ID $IATT r> o ?:? -r^ .? -r_ -n li.? ?:.J } _?rF ? i -} ' {... -i ?1 ^? ? {7 .? '"? .._ CA _,_ ? • ¢•-' '• CF: FILESU2340112340.1.mastemiotl/nlm Created: 9/20/04 0:06PM Revised: 7/18/07 11:05AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant HOLLY A. MILLER Plaintiff V. BARRY L. MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4496 CIVIL ACTION - LAW JURY TRIAL DEMANDED MOTION FOR APPOINTMENT OF MASTER Defendant, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment ( ) Support (X) Alimony (X) Counsel Fees ( ) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The Defendant has appeared in the action by his attorney, Hubert X. Gilroy, Esquire (3) The Statutory ground (s) for divorce is: Two year separation (4) Delete the inapplicable paragraph(s): (a) (b) An agreement has been reached with respect to the following claims: None (c) The action is contested with respect to the following claims: All (5) The action does not involve complex issues of law or fact. CD (6) The hearing is expected to take 4 hours. (7) Additional information, if any, relevant to the motion: N/A Date: (07 Attorney for Defendant Hubert X. Gilroy, Esquire ORDER APPOINTING MASTER AND NOW, , 2007, , Esquire is appointed master with respect to the following claims: By the Court: J. HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on August 31, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. l //(0 Date: n O HOLLY A. LER Plaintiff r-.) O -n r T F rr -V j V HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: HOLLY A. MILLER Plaintiff C':7 P-3 rd III co HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2005 - 4496 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on August 31, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: /v/tI710-7 BARRY L. MILLER Defendant -rt HOLLY A. MILLER, Plaintiff, V. BARRY L. MILLER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /4? 7z 2 BARRY L. MILLER Defendant Via..- : may co HOLLY A. MILLER, Plaintiff, V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM BARRY L. MILLER, Defendant. IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: /0 2/? ? BARRY L. MILLER Defendant rv Q ? - J 1 HOLLY A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM BARRY L. MILLER, : Defendant. IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Barry L. Miller, on September 1, 2005, by certified, restricted delivery mail, addressed to him at 18 Meade Drive, Carlisle, Pennsylvania, 17013, with Return Receipt Number 7003 3110 0004 5770 5131. 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 plaintiff. October 16, 2007; by defendant: October 17, 2007. (b)(1) (b)(2) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 16, 2007 / Date defendant's Waiver of Notice in Section 33 (c) Divop was filed with the Prothonotary: October 24, 2007. /-n Esquire Date: October 31, 2007 a ? T T r? c,.•: MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this 17th day of October, 2007 by and between HOLLY A. MILLER, (hereinafter referred to as "WIFE") and BARRY L. MILLER, hereinafter referred to as "HUSBAND") WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on January 14, 1979, in Cumberland County, Pennsylvania. WIFE filed a Complaint in Divorce in Cumberland County, Pennsylvania, docketed at 2005- 4496 Civil Term on August 31, 2005. The parties hereto agree and covenant as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. 3. Further, the parties agree to continue living separately and apart from the other at any place or places that he or she may select as they have heretofore been doing. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein nor property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. Each party to the Agreement acknowledges and declares that he or she, respectively: a. is represented by counsel of his or her own choosing; b. is fully and completely informed of the facts relating to the subject matter of this Agreement and of the rights and liabilities of the parties; c. enters into this Agreement voluntarily after receiving advice of counsel; d. has given careful and mature thought to the making of this Agreement; e. has carefully read each provision of this Agreement; and f. fully and completely understands each provision of this Agreement, both as to the subject matter and legal effect. This Agreement shall become effective immediately as of the date of execution. 2 5. It is the purpose and intent of this Agreement to settle forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 401(e), and that is referred to in this Agreement as "Marital Property", as between themselves, their heirs and assigns. The parties have attempted to divide their Marital Property in a manner that conforms to a just and fair standard, with due regard to the rights of each Party. The division of existing Marital Property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate. It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers for inadequate consideration of Marital Property without the prior consent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns filed by or on behalf of either or both Parties during marriage. 3 7. REAL ESTATE: The parties own the property known as 18 Mead Drive, Carlisle, Pennsylvania 17013. WIFE agrees to convey her right, title and interest in the property to WIFE. HUSBAND agrees to refinance the mortgage into his own name and pay WIFE the sum of Seventy-Five Thousand and no/100 ($75,000.00) Dollars from the mortgage refinance proceeds. 8. DEBTS: HUSBAND will be solely responsible for his own debts. WIFE will be solely responsible for her debts. HUSBAND will indemnify and hold harmless WIFE from all obligation related to his debts. WIFE will be solely responsible and will indemnify and hold harmless HUSBAND from any claim made against him related to her debts. 9. SPOUSAL SUPPORT AND ALIMONY: The parties hereby agree to the following: a. Spousal support will continue until the divorce becomes final. b. HUSBAND will pay alimony to WIFE in the amount of $450.00 per month until she receives the funds from the mortgage refinance of $75,000.00 and when WIFE receives for signature the Qualified Domestic Relations Order acceptable to HUSBAND's retirement fund. 4 10. PERSONAL PROPERTY: The parties agree that the personal property shall be divided as follows: HUSBAND shall receive the following items: a. The personal property in his possession; b. His bank accounts; c. Any life insurance policy; d. His employee benefits; and e. The real estate at 18 Mead Drive, Carlisle, PA 17013, with a mortgage. HUSBAND will refinance the mortgage into his own name. WIFE shall receive the following items: a. The personal property in her current possession; b. Her bank accounts; c. Any life insurance policy; d. Her employee benefits; and e. The sum of $75,000.00 from the mortgage refinance and the sum of $75,000.00 from the Husband's retirement. The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are then owned or held by or which may hereafter belong to the HUSBAND or WIFE with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were unmarried. 5 Each party agrees that neither will incur obligations, liens or liabilities on account of the other and that from the date of this Agreement, neither party shall contract or incur obligations, liens or any liability whatsoever on account of the other. 11. AUTOMOBILES: a. HUSBAND agrees to waive any and all interest which he may have in the automobiles in possession of the WIFE. b. WIFE agrees to waive any and all interest which she may have in the automobiles in possession of the HUSBAND. They each waive any claim which they have in any automobile owned by the other party and both parties agree to convey the title of each vehicle to the party who has its possession. 12. INSURANCE AND EMPLOYEE BENEFITS: The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but not limited to retirement, profit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title and claim to HUSBAND'S employee benefits, and HUSBAND waives all right, title, and claim to any of WIFE'S employee benefits. 13. BENEFITS AND BANK ACCOUNTS: WIFE agrees to waive all right, title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. The HUSBAND agrees to waive all interest which he may have in the savings or checking or any other bank accounts of the WIFE. 6 14. DIVORCE: The parties both agree to cooperate with each other in obtaining a final divorce of the marriage. It is agreed that the parties will execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce. 15. BREACH: If either party breaches any provisions of this Agreement, the other party should have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract will be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 16. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 17. VOLUNTARY EXECUTION: The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. 7 18. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 19. APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania. 20. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed prior to the date and time of this Agreement are null and void and of no effect. 21. PAYMENT OF COSTS AND LEGAL FEES: The parties agree to pay for their own costs and legal fees required to obtain and complete the divorce. 8 22. WAIVER OF CLAIMS AGAINST ESTATES: Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, courtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims. IN WITNESS WHEREOF, the parties hereunto have set their hands and seals the day and year first above written. ?)? a- (SEAL) HOLLY A. NffLLER -, ?t SEAL BARRY L. MILLER 9 COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND PERSONALLY APPEARED BEFORE ME, this day of , 2007, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, HOLLY A. MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. TH OF PPMYLVANIA NolIMM Seal CR" BM QN W Cmv* ion E*h m Sept 118,21)l t Member, PennsyAvanfe Assodoom of Notaries 1 ? ? m.27 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND . SS: PERSONALLY APPEARED BEFORE ME, this day of Nk? , 2007, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, BARRY L. MILLER, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Marriage Settlement Agreement, and acknowledges that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shelly Brooks, Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 5,2M Member, Pennzyivania Association of Notaries 10 ?'? ?.?? `''' C. ? -?`? c? :? _ ? ?? ?.? ? c? ` , LT; - , ;'-, l+. Y 1 \ ,) `^? r HOLLY A. MILLER, Plaintiff VS. . BARRY L. MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 4496 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this d zo day of ?t" JAPA-1 , 2007, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement dated October 17, 2007, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, Q-," ? G Edgar B. Bayley, P.J. cc: Marcus A. McKnight, III Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant 06 112S n-?tlL- E1.t ty HOLLY A. MILLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2005 - 4496 CIVIL TERM BARRY L. MILLER, Defendant. IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Barry L. Miller, on September 1, 2005, by certified, restricted delivery mail, addressed to him at 18 Meade Drive, Carlisle, Pennsylvania, 17013, with Return Receipt Number 7003 3110 0004 5770 5131. 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 plaintiff: October 16, 2007; by defendant: October 17, 2007. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 16, 2007 the Date defendant's Waiver of Notice in Sec7m\? y Prothonotary: October 24, 2007. Date: N ovember 5, 2007 Attorney ?? - , ,? ___ ' ? ,. C.; r° ?_, `` C.Ft ?rj ..r? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. HOLLY A MILLER, N O. 2005-4496 CIVIL TERM PLAINTIFF VERSUS BARRY L. MILLER, DEFENDANT DECREE IN DIVORCE AND NOW, m - IT IS ORDERED AND DECREED THAT HOLLY A. MILLER PLAINTIFF, AND BARRY L . MILLER DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOIRP IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; 0kv%t- The Marriage Settlement Agreement dated October 17, 2007, and signed by the parties is hereby incorporated into this Divorce a . but et merged. BY THE,4COU ATTEST: .I N.. J PROTHONOTARY ??r? ?' ? s_ HOLLY A. MILLER, Plaintiff/Petitioner VS. BARRY A. MILLER, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 05-4496 CIVIL TERM IN DIVORCE PACSES Case No: 919108010 ORDER OF COURT AND NOW to wit, this 28th day of January 2008, it is hereby Ordered that the Alimony Pendente Lite order is terminated, effective January 15, 2008, pursuant to the parties' Marital Settlement Agreement. The Alimony Pendente Lite account is closed with a credit of $243.63. BY THE COURT: `"4 - rA\ -L - M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Marcus A. McKnight, III, Esq. Hubert X. Gilroy, Esq. Form OE-001 Service Type: M Worker: 21005 P^- ?'? i? ?f .w... Irl?... . e'?'4.J ?.?. _.?; 7 ?t_r.7 ' ??_? ?? ?,: ' ` ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 01/28/08 Case Number (See Addendum for case summary) O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employer/Withholder's Federal EIN Number RE: MILLER, BARRY L. 05-4496 CIVIL Employee/Obligor's Name (Last, First, MI) 165-54-3836 Employee/Obligor's Social Security Number NORTH MIDDLETON AUTHORITY 1913101621 240 CLEARWATER DR Employee/Obligor's Case Identifier CARLISLE PA 17013-1185 (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ o . oo per month in current support $ 0.00 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0. 00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) for a total of $ 0.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. if your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ o. oo per weekly pay period. $ o. 00 per biweekly pay period (every two weeks). $ 0.00 per semimonthly pay period (twice a month). $ - o. oo per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). If required by Pennsylvania law (23 PA C.S. § 4374(b)) to remit by electronic payment method, please call Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: JAN 2 9 200$ T?\ -t UA-? M.L. EBERT, JR., DRO: R.J. SHADDAY Form EN-028 Rev. 1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? Me heck you are required to provide a opy of this form to your m loyee. If yo r employee Mel ks n a state that is rent from the state that issued this order, a copy must be provi?edp1 your emproyee even if box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporth ig the Paydat&E)ate of Wet' il iolding. You must report tl ie paydate/date of w itl flioldi. ir, vyl ie. i send ing, tile pay; 1 lei it. The pdydate/date of withhold ing, is tl te date oi i wl dr-I i ai i ioui it was wit' il ield froi i it' ie employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2317040360 EMPLOYEE'S/OBLIGOR'S NAME: MILLER BARRY L. EMPLOYEE'S CASE IDENTIFIER: 1913101621 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employeelobligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employeelobligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the law of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11.Submitted By: DOMESTIC RELATIONS SECTION 13 N, HANOVER ST P.O. BOX 320 CARLISLE PA 17013 Service Type M If you or your employeelobligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 or by internet www.childsupport.state.pa.us Page 2 of 2 OMB No.: 0970-0154 Form EN-028 Rev. 1 Worker ID $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: MILLER, BARRY L. PACSES Case Number 919108010 PACKS Case Number Plaintiff Name Plaintiff Name HOLLY A. MILLER Docket Attachment Amount Docket Attachment Amount 05-4496 CIVIL$ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB ?if checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Rev. 1 Service Type M Worker ID $IATT OMB No.: 0970-0154 rv ??? ? ? ? rtn ? ?t ? r,? ? "° FJ ? ? ; ?? ? t?•a 0?I I.D. No. 29943 " MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff HOLLY A. MILLER, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-1541 CIVIL ACTION - LAW BARRY L. MILLER, Defendant IN DIVORCE STIPULATION Pursuant to the Property Settlement Agreement signed by the parties dated October 17, 2007, the parties hereby agree and stipulate that the Court may sign the attached Qualified Domestic Relations Order. .?A'4 ;7 1"), Date Barry L. Miller ate Holly A. filler n ? p -rip ..? X7 ` .? 1 # : .?:, : _ _ _rn 4. F:\FILES\Clients\12340 B Miller\12340. 1\12340. LQDRO Created: 9/20/04 0:06PM Revised: 714/08 10: 18AM FED 15 2008 Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff I ?. HOLLY A. MILLER, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. BARRY L. MILLER, Defendant NO. 2005-4496 CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1? AND NOW, this l9 day of f 60h3 , 2008, based on the findings set forth in items one through five. IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through 20: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on January 14, 1979, and divorced on November 14, 2007. 2. Participant Information: The name, last known address, Social Security Number and date of birth of the Plan "Participant" is: Barry L. Miller, 18 Meade Drive, Carlisle, Cumberland County, Pennsylvania 17013, Social Security Number 165-54- 3836, and date of birth September 27, 1960. 3. Alternate Payee Information: The name, last known address, and Social Security Number of the "Alternate Payee"is: Holly A. Miller, 18 South Baltimore Street Mt. Holly Springs, Cumberland County, Pennsylvania 17016, Social Security Number 206-52-0873, and date of birth January 21, 1959. The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order. 5 4. Plan Name: The Participant is an employee with North Middleton Authority (Authority) and participates in a pension plan administered by Met Life and/or Citi Street (hereinafter referred to as "Plan"). The Authority's employer number with Met Life is 1402. Any changes in Plan Administrator, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits under the Plan. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to Seventy Five Thousand Dollars ($75,000.00) from the Participant's Total Account Balance accumulated under the Plan. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the Plan. 10. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total 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 rules regarding the right to designate the Alternate Payee's Estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee may not designate a beneficiary other than his or her Estate. 12. Death of a Participant: Should the Participant pre-decease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; C. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: 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. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414 (p) of the Code, as it may be amended from time to time, and the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 402 (a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tax on such distribution. 17. Parties Responsibilities in Event of Error: In the event that the Plan inadvertently pays 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 the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code Section 414 (p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Notice of Pending Retirement: In the event that the terms of the Plan require the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming eligible to receive a distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following such termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in mailing address. cc: /ubert X. Gilroy, Esquire AlMarcus A. McKnight, III, Esquire 06FOES M."7tIECL ;z/.2.0/68 LTIT3 BY THE COURT, CZ M WJ 61 03A HE