HomeMy WebLinkAbout05-5623
STEPHEN M. WAULTERS, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA
VS.
* NO. o s - SL.? OL 0,C
DENISE R. WAULTERS, * CIVIL ACTION - LAW
Defendant * IN DIVORCE
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 OR OTHER RIGHTS IMPORTANT TO YOU, INCLUDING CUSTODY OR VISITATION OF YOUR
CHILDREN.
WIEN THE GROUND FOR THE DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE
MARRIAGE, YOU MAY REQUEST MARRIAGE COUNSELING. A LIST OF MARRIAGE COUNSELORS IS
AVAILABLE IN THE OFFICE OF THE PROTHONOTARY AT THE CUMBERLAND COUNTY COURTHOUSE, 1
COURTHOUSE SQUARE, CARLISLE, PA 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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
STEPHEN M. WAULTERS, * IN THE COURT OF COMMON PLEAS
Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA
x
V3. *
NO.
x
DENISE R. WAULTERS, * CIVIL ACTION - LAW
Defendant IN DIVORCE
COUNT I - DIVORCE UNDER §3301(c) or §3301(d) OF THE DIVORCE CODE
1. Plaintiff is Stephen M. Waulters, who currently resides at 602 Somerset Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
2. Defendant is Denise R. Waulters, who currently resides at 602 Somerset Drive,
Mechanicsburg, Cumberland County, Pennsylvania, 17055.
3. Plaintiff and Defendant were married on May 26, 2002, in Dauphin, Pennsylvania.
4. The parties have no minor children.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Neither party is presently a member of the Armed Forces on active duty.
7. Plaintiff has been advised that counseling is available and that he may have the right to request
that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that
the Court require the parties to participate in counseling prior to a Divorce Decree being issued.
8. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are:
(a) §3301(c). The marriage of the parties is irretrievably broken; and
(b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time,
Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at
least two (2) years.
9. Plaintiff requests This Honorable Court enter a Decree of Divorce.
WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the
marriage between Plaintiff and Defendant.
COUNT II CLAIM FOR EQUITABLE DIMS ON OF MARITAL PROPERTY
UNDER §3502(x) OF THE DIVORCE CODE
10. Paragraphs one (1) through nine (9) are incorporated herein by reference as if set forth in
full.
11. Plaintiff and Defendant have individually or jointly acquired real and personal property
during the marriage in which they individually or jointly have legal or equitable interest, which marital
property is subject to equitable distribution.
WHEREFORE, Plaintiff respectfully requests This Honorable Court to determine and equitably
distribute, divide or assign said marital property pursuant to §3502(a) of the Divorce Code.
Respectfully submitted,
WILEY, LENOX, COLGAN & MARZZACCO, P.C.
Dated: /0 710 j c / '
Bradl y . Winnick, Esquire
130 Church Street
Dillsburg, PA 17019
(717) 432-9666
I.D. # 78413
VERIFICATION
I, Stephen M. Waulters, verify that the statements made in this Complaint are true and correct to
the best of my knowledge, information, and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities.
Date: 1012 o7o6S A" -,
' STEP N M. WAULTERS
Plaintiff
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
STEPHEN M. WAULTERS,
Plaintiff
VS.
DENISE R. WAULTERS,
Defendant
* No. 05-5623 CIVIL TERM
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* CIVIL ACTION
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* DIVORCE
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I accept service of Plaintiff's Complaint in Divorce in the above-captioned matter, which
service satisfies the requirements of the Pennsylvania Rules of Civil Procedure.
Date:
602 Somerset Drive
Mechanicsburg, PA 17055
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PHH MORTGAGE CORPORATION
fWa CENDANT MORTGAGE
CORPORATION,
Plaintiff
V.
ELIZABETH KERRICK a/k/a
ELIZABETH ANN KERRICK a/k/a
ANNIE KERRICK and KARSTEN H.
KERRICK,
Defendants
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 05-5628
ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE
AND NOW, comes Elizabeth Kerrick aWa Elizabeth Ann Kerrick a/k/a
Annie Kerrick and Karsten H. Kerrick, ("Debtors"), by and through their counsel Cunningham &
Chernicoff, P.C. and files their Answer to Complaint in Mortgage Foreclosure and avers as
follows:
1. ADMITTED.
2. ADMITTED.
3. ADMITTED.
4. ADMITTED.
5. The averments contained in Paragraph 5 state conclusions of law to which no
response is required. In the event that it is judicially determined that a response is
required, then those averments are specifically denied.
6. Defendants are without information sufficient to form a belief as to the truth of the
averment that $196,818.14 is due and owing to Plaintiff and strict proof thereof is
demanded, if relevant, at time of trial.
7. The averments contained in Paragraph 7 state conclusions of law to which no
response is required. In the event that it is judicially determined that a response is
required, then those averments are specifically denied.
8. The averments contained in Paragraph 8 state conclusions of law to which no
response is required. In the event that it is judicially determined that a response is
required, then those averments are specifically denied.
9. The averments contained in Paragraph 9 state conclusions of law to which no
response is required. In the event that it is judicially determined that a response is
required, then those averments are specifically denied.
WHEREFORE, Elizabeth Kerrick A/k/a Elizabeth Ann Kerrick a/k/a
Annie Kerrick and Karsten H. Kerrick, ("Defendants"), respects this Honorable Court to order
Judgment in their favor against Plaintiff and further award such other relief which is just and
proper.
Respectfully submitted,
& CHERNICOFF, P.C.
Date: December 13, 2005 By:
'M- y S, Esquire
2320 No Second Street
P.O. Box 0457
Harrisburg, PA 1 7 1 06-045 7
(717) 238-6570
VERIFICATION
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
ss:
I, John M. Hyams, Esquire, being duly sworn according to law, deposes and says that he is
the attorney for Defendants, in the within action; that the Defendants cannot make verification to
the Answer to Complaint in Mortgage Foreclosure because Defendants cannot timely come to
Harrisburg to sign this Verification; that the Defendants cannot travel to Harrisburg,
Pennsylvania to execute this verification prior to the filing of the Answer to Complaint
in Mortgage Foreclosure; that it would be inco ient for Defendants to travel to Harrisburg,
Pennsylvania to file the Answer to Complai tin rtgage Foreclosure personally; and that the
facts set forth in the foregoing Answer to omplain in Mortgage Foreclosure are true and correct
to the best of their knowledge, informa on and beli f. ,
M.
SWORN and Subscribed to
before me this 131n day
of December, 2005.,,
/ NOTARY PUBLIC-------
F 9HOMEUAUMHMKERRICK.V ERTIFI. W PD
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PHH MORTGAGE CORPORATION
f/k/a CENDANT MORTGAGE
CORPORATION,
Plaintiff
V.
ELIZABETH KERRICK a/k/a
ELIZABETH ANN KERRICK a/k/a
ANNIE KERRICK and KARSTEN H.
KERRICK,
Defendants
IN THE COURT OF COMMON PLEAS
FOR CUMBERLAND COUNTY,
PENNSYLVANIA
NO: 05-5628
CERTIFICATE OF SERVICE
I, Julieanne Ametrano, certify that a true and correct copy of the ANSWER TO
COMPLAINT IN MORTGAGE FORECLOSURE will be served by electronic means and/or
by first class United States Mail on the following parties indicated.:
Francis S. Hallinan, Esquire
Phelan Hallinan & Schmieg, LLP
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard
Suite 1400
Philadelphia, PA 19103
By_?
Ametrano
Date: December 13. 2005
F: W OMEV AVMH\KERRICKW N52MORT. W PD
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DANIEL L. and JENNIFER E. KOISHAL, No. 2005-5658 Civil Term
husband and wife,
Plaintiffs
V.
JOSEPH T. and KRISTY L. SCHWARZ,
husband and wife, t/d/b/a L.S. JOSEPH
PLUMBING,
Defendants
ANSWER
AND NOW, this k fm h day of December, 2005, come the Defendants, Joseph T. and Kristy
L. Schwartz, husband and wife, t/d/b/a L.S. Joseph Plumbing, by and through their counsel, Knight
& Associates, P.C., and file the following Answer and in support thereof avers as follows:
1. Admitted.
2. Admitted in part; denied in part. It is admitted that Defendant Joseph T. Schwarz,
t/d/b/a L.S. Joseph Plumbing principally resides and transacts business at 119 Hill Street, Mount
Holly, Pennsylvania 17065. It is admitted that he is married to K:risty L. Schwarz. It is further
admitted that Kri sty L. Schwarz resides at 119 Hill Street, Mount Holly, Pennsylvania 17065. his
denied that Kristy L. Schwarz transacts any business relative to or pertaining to L.S. Joseph
Plumbing, nor has she ever been employed by or under contract with L. S. Joseph Plumbing.
3. Admitted in part; denied in part. It is admitted that Joseph T. Schwarz, t/dlb/a L.S.
Joseph Plumbing held themselves out to be in the business of custom bathroom remodeling. It is
denied that Kristy L. Schwarz held herself out to be in the business of custom bathroom remodeling.
It if further denied that Kristy L. Schwarz had any relevant part in the business of L.S. Joseph
Plumbing.
4. Admitted by Defendant Joseph T. Schwarz. After reasonable investigation,
Defendant Kristy L. Schwarz is without knowledge or information to answer paragraph 4 of the
Complaint.
5. Denied as the document speaks for itself.
6. Denied.
7. Admitted by Defendant Joseph T. Schwarz. Denied by Defendant Kristy L. Schwarz.
8. Denied.
9. Denied.
10. Denied.
11. Denied.
COUNTI
BREACH OF CONTRACT & WARRANTY
12. Paragraph 12 of the Plaintiffs' Complaint is a paragraph of incorporation, and
therefore requires no response. To the extent that a response is required, paragraphs 1 through 1 t
of Defendants' Answer remain a part hereof incorporated and incorporated herein by reference.
13. Denied.
14. Admitted by Defendant Joseph T. Schwarz. Denied by Defendant Kristy L. Schwarz.
15. Denied. It is denied that Defendants specifically breached their contract for the
remodeling job. It is further denied that the remodeling job was not completed as promised, and it
is denied that the work was done of poor quality.
A. Denied. It is denied that Defendants had any obligation to completely remove
the original flooring and walls. It is further averred that Plaintiffs requested that Defendants not
completely remove the original flooring and walls in an effort to save money.
B. Denied.
C. Denied.
D. Denied. It is denied that any of the fixtures Defendants ordered for Plaintiffs
were unusable. It is admitted that Defendants took the original fixtures back to the store for a credit.
It is denied that Defendants orally agreed to reimburse the Plaintiffs for the new fixtures.
E. Denied.
F. Denied.
G. Denied.
16. Denied.
17. Denied.
18. Denied.
19. Denied.
20. Denied. Defendants have continued to be able and willing to repair anyworkmanship
with which Plaintiffs were dissatisfied and to insure completion of the project.
21. Denied. It is denied that Defendants made repeated demands. It is denied that
Defendants have refused and continue to refuse to refund Plaintiffs' money paid by them as part of
the contract; it is denied that Defendants have any obligation to do so. It is denied that Defendants
have breached a contract with Plaintiffs.
22. Denied. It is denied that Defendants breached contract with Plaintiffs. It is denied
that Plaintiffs will be forced to hire another contractor to repair the alleged defective work and finish
the remodeling.
23. Denied. It is denied that Defendants breached the contract or warranty with
Defendants. It is denied that Defendants' workmanship was detective. It is further denied that
Plaintiffs will incur replacement and cover costs in excess of sums paid to Defendants.
WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiffs' Complaint
with prejudice.
COUNT II
UNJUST ENRICHMENT
24. Paragraph 24 of the Plaintiffs' Complaint is a paragraph of incorporation, and
therefore requires no response. To the extent that a response is required, paragraphs I through 23
of Defendants' Answer remain a part hereof incorporated and incorporated herein by reference.
25. Admitted by Defendant Joseph T. Schwarz. Denied byDefendant KristyL. Schwarz.
26. Admitted by Defendant Joseph T. Schwarz. Denied byDefendant KristyL. Schwarz.
27. Denied.
28. Denied.
WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiffs' Complaint
with prejudice.
COUNT III
VIOLATION OF THE PENNSYLVANIA UNFAIR TRADE PRACTICES AND
CONSUMER PROTECTION LAW
29. Paragraph 29 of the Plaintiffs' Complaint is a paragraph of incorporation, and
therefore requires no response. To the extent that a response is required, paragraphs I through 28
of Defendants' Answer remain a part hereof incorporated and incorporated herein by reference.
30. Denied.
31. Admitted by Defendant Joseph T. Schwarz. Denied by Defendant Kristy L. Schwarz.
32. Denied.
33. Denied.
34. Denied. Furthermore, paragraph 34 of Plaintiffs' Complaint is a statement of law to
which no response is required.
35. Denied. Furthermore, paragraph 35 of Plaintiffs' Complaint is a statement of law to
which no response is required.
36. Denied. Furthermore, paragraph 36 of Plaintiffs' Complaint is a statement of law to
which no response is required.
37. Denied. Furthermore, paragraph 34 of Plaintiffs' Complaint is a statement of law to
which no response is required.
WHEREFORE, Defendants respectfully request that this Court dismiss Plaintiffs' Complaint
with prejudice.
Respectfully Submitted,
KNIGHT & ASSOCIATES, P.C.
Se-aali -M. Shultz, Esquire
Attorney ID No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
Attorney for Defendants
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY, PENNSYLVANIA
DANIEL L. and JENNIFER E. KOISHAL, No. 2005-5658 Civil Term
husband and wife,
Plaintiffs
V.
JOSEPH T. and KRISTY L. SCHWARZ,
husband and wife, t/d/b/a L.S. JOSEPH
PLUMBING,
Defendants
CERTIFICATE OF SERVICE
I hereby verify that on December J`etLA, 2005, I served a true and correct copy of the
foregoing Answer by United States First Class Mail, postage prepaid, addressed as follows:
Matthew A. McKnight, Esquire
Marcus A. McKnight, 111, Esquire
West Pomfret Professional Building
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Attorneys for Plaintiffs
KNIGHT & ASSOCIATES, P.C.
? an
Attorney for Defendants
can M. Shultz, Esquire
Attorney ID No. 90946
11 Roadway Drive, Suite B
Carlisle, Pennsylvania 17013
(717) 249-5373
We VERIFY that the statements set forth in the attached Answer are true and
correct to the best of our knowledge, information and belief. 'We understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unworn falsification to authorities.
?r ?, ?
Joseph Schwarz, Defendant A
Chi Kri sty L. Sch arz, Defendant
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
STEPHEN M. WAULTERS,
Plaintiff
vs.
No. 05-5623 CIVIL TERM
CIVIL ACTION
DENISE R. WAULTERS,
Defendant
DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under § 3301(c) and (d) of the Divorce Code was filed on
October 31, 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. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn
falsification to authorities.
J' L2i Lu?' -W/ -
Date Steph M. Waulters
Plaintiff
5
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MARITAL SETTLEMENT AGREEMENT
THIS MARITAL SETTLEMENT AGREEMENT, made this a V4-day of
November, 2006, by and between STEPHEN M. WAULTERS, of Enola, Cumberland
County, Pennsylvania (hereinafter referred to as "HUSBAND") and DENISE R.
WAULTERS, of Mechanicsburg, Cumberland County, Pennsylvania (hereinafter
referred to as "WIFE"):
WITNESSETH:
WHEREAS, the parties were married on May 26, 2002, in Dauphin County,
Pennsylvania;
WHEREAS, HUSBAND and WIFE are the parents of no minor children
together, however WIFE has a minor son from a previous relationship;
WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of WIFE and HUSBAND to live separate and
apart, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without
limitation by specification: the settling of all matters between them in relation to the
ownership and equitable distribution of real and personal property; settling of all matters
between them relating to the past, present and future support, alimony and/or
maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of custody
matters and in general, the settling of any and all claims and possible claims by either
party against the estate of the other party.
NOW, THEREFORE, in consideration of the premises and of the 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, HUSBAND and WIFE, each intending to be legally bound hereby covenant and
agree as follows:
1. INTERFERENCE: Each party shall be free from interference, authority,
and contact by the other, as fully as though he or she were single and unmarried, except
as may be necessary to carry out the provisions of this Agreement. Neither party shall
molest the other or attempt to endeavor to molest the other, nor compel the other to
cohabitate with the other, or in any way harass or malign the other, nor in any way
interfere with the peaceful existence, separate and apart from the other.
2. SUBSEQUENT DIVORCE: This Agreement shall not affect or bar the
right of HUSBAND or WIFE to a divorce on lawful grounds or to any defense as may be
available to either party. This Agreement is not intended to condone and shall not be
deemed to be a 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.
The parties hereby acknowledge that HUSBAND filed a Complaint in Divorce in
Cumberland County on October 31, 2005 and docketed to 2005-5623 claiming that the
marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce
Code. HUSBAND shall maintain health insurance in accordance with Paragraph
Seventeen (17) for six months from the date of execution of this Agreement or until
WIFE has obtained her own health insurance, whichever comes first.
The parties shall immediately execute any and all Affidavits, Waivers, and/or any
other documents necessary for the parties to obtain an absolute divorce pursuant to
Section 3301(c) of the Divorce Code and deliver same to counsel for HUSBAND.
HUSBAND agrees to forego finalization of the divorce action until such time as WIFE
obtains her own health insurance coverage as outlined in paragraph 17 herein.
The parties hereby waive all rights to request court ordered counseling under the
Divorce Code. It is further specifically understood and agreed by the parties that the
provisions of this Agreement as to Equitable Distribution of property of the parties are
accepted by each party as a final settlement for all purposes whatsoever, as contemplated
by the Pennsylvania Divorce Code and shall be incorporated but not merged into the
Decree in Divorce.
3. INCORPORATION OF DIVORCE DECREE: It is further agreed,
covenanted and stipulated that this Agreement, or the essential parts hereof, shall be
incorporated in any decree hereinafter entered by any court of competent jurisdiction in
any divorce proceedings that have been or may be instituted by the parties for the purpose
of enforcing the contractual obligations of the parties. This agreement shall not be
merged in any such decree but shall in all respects survive the same and be forever
binding and conclusive upon the parties.
4. EFFECTIVE DATE: The effective date of this Agreement shall be the
"date of execution" or "execution date," defined as the date upon which it is executed by
the parties if they have each executed this Agreement on the same date. Otherwise, the
"date of execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
5. DISTRIBUTION DATE: The transfer of property, funds and/or
documents provided for herein, shall only take place on the "distribution" date which
shall be defined as the date of execution of this Agreement unless otherwise specified
herein. However, the support and/or alimony payments, if any, provided for in this
Agreement shall take effect as set forth in this Agreement.
6. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually
remise, release, quit-claim and forever discharge the other and the estate of such other,
for all time to come, and for all purposes whatsoever, of and from any and all rights, title
and interest, or claims in or against the property (including income and gain from
property hereafter accruing) of the other or against the estate of such other, of whatever
nature and wheresoever situated, which he or she now has or at any time hereafter may
have against the other, the estate of such other or any part hereof, whether arising out of
any former acts, contracts, engagements or liabilities of such other or by way of dower or
courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights,
family exemption or similar allowance, or under the intestate laws, or the right to take
against the spouse's will; or the right to treat a lifetime conveyance by the other as a
testamentary, or all other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State,
Commonwealth or territory of the United States, or (c) any country or any rights which
either party may have or at any time hereafter shall have for past, present or future
support or maintenance, alimony, alimony pendente lite, counsel fees, division of
property, costs or expenses, whether arising as a result of the marital relations or
otherwise, except, all rights and agreements and obligations of whatsoever nature arising
or which may arise under this Agreement or for the breach of any provisions thereof. It is
the intention of HUSBAND and WIFE to give each other by the execution of this
Agreement a full, complete and general release with respect to any and all property of
any kind or nature, real, personal or mixed, which the other now owns or may hereafter
acquire, except and only except all rights and agreements and obligations of whatsoever
nature arising or which may arise under this Agreement or for the breach of any provision
thereof. It is further agreed that this Agreement shall be and constitute a full and final
resolution of any and all claims which each of the parties may have against the other for
equitable division of property, alimony, counsel fees and expenses, alimony pendente lite
or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any
other jurisdiction.
7. REPRESENTATION BY COUNSEL: HUSBAND has been
represented by Timothy J. Colgan, Esquire, and HUSBAND acknowledges that he has
signed this Agreement freely and voluntarily after full consultation with his counsel.
This agreement has been prepared by Timothy J. Colgan, Esquire, counsel for
HUSBAND. At the commencement of and at all stages during the negotiation of this
Agreement, WIFE has been informed that Timothy J. Colgan, Esquire has acted solely as
counsel for HUSBAND and has not advised nor represented WIFE in any manner
whatsoever. WIFE, at the commencement of and at all stages during the negotiation of
this Agreement, has been advised that she could be represented by counsel but at all times
has elected not to be so represented.
The parties acknowledge that this Agreement is not the result of any duress,
undue influence, coercion, collusion and/or improper or illegal agreement. The parties
further acknowledge that they have each made to the other a full and complete disclosure
of their respective assets, estate, liabilities, and sources of income and that they waive
any specific enumeration thereof for the purposes of this Agreement.
8. WARRANTY AS TO EXISTING OBLIGATIONS: Each party
represents that they have not heretofore incurred or contracted for any debt or liability or
obligation for which the estate of the other party may be responsible or liable except as
may be provided for in this Agreement. Each party agrees to indemnify and hold the
other party harmless from and against any and all such debts, liabilities or obligations of
every kind which may have heretofore been incurred by them, including those for
necessities, except for the obligations arising out of this Agreement.
9. PERSONAL PROPERTY: Except as otherwise provided above, the
Parties have divided between them, to their mutual satisfaction, the personal effects,
household furniture and furnishings, and all other articles of personal property which
have heretofore been used by them in common, and neither party will make any claim to
any such items which are now in the possession or under the control of the other.
By these presents, each of the parties hereby specifically waives, releases,
renounces and forever abandons whatever claims he or she may have with respect to any
personal property which is in the possession of the other, and which shall become the sole
and separate property of the other from the date of execution hereof.
10. DIVISION OF REAL PROPERTY: The parties jointly own real estate
situate at 602 Somerset Drive, Mechanicsburg, Pennsylvania. WIFE agrees to refinance
the mortgage on said property within forty-five (45) days of the date of the signing of this
Agreement. HUSBAND agrees to transfer all right, title and interest in said property to
WIFE by signing a Special Warranty Deed transferring the property from WIFE and
HUSBAND to WIFE individually. Said Deed shall be held in escrow by HUSBAND's
attorney pending WIFE's refinance of the mortgage.
WIFE shall remain solely responsible for any and all payments related to the
mortgage, real estate taxes, homeowner's insurance and maintenance of said property,
and shall indemnify and hold HUSBAND harmless against any liability resulting from
his failure to make payments thereupon.
11. BANK ACCOUNTS: Except as otherwise provided herein, the parties
have divided between them, to their mutual satisfaction, bank accounts that have
heretofore been used by them in common, and neither party will make any claim to any
bank account under the control of the other.
12. DEBT: It is agreed that the parties have accumulated debt during the
marriage and that said debt shall be divided in the following manner:
a) Home Depot (Credit Card) - HUSBAND shall be solely
responsible for this debt on this credit card with an approximate balance of $3,300.00.
HUSBAND has removed or shall remove WIFE as an authorized user of this card and
agrees to indemnify and hold her harmless with regard to any liability owed thereon;
b) Belco Credit Union loan - HUSBAND shall be solely responsible
for this debt on this loan with an approximate balance of $4,900.00 and agrees to
indemnify and hold WIFE harmless as to same;
C) Citibank (Credit Card) - HUSBAND shall be solely responsible
for this debt on this credit card with an approximate balance of $1,000.00 and agrees to
indemnify and hold WIFE harmless as to same;
d) 2004 Pacifica - HUSBAND shall assume responsibility for the
lease payments associated with the 2004 Pacifica in the amount of $535.00 per month
and agrees to indemnify and hold WIFE harmless as to same;
e) Dell - WIFE shall be solely responsible for this debt in the
approximate amount of $1,600.00 and agrees to indemnify and hold HUSBAND
harmless as to same;
f) Mortgage - WIFE agrees to refinance the mortgage on 602
Somerset Drive, Mechanicsburg, Pennsylvania, within forty-five (45) days of the date of
the signing of this Agreement. She assumes all responsibility for mortgage payments,
insurance, taxes, maintenance and any other liabilities associated with said residence
thereon and agrees to indemnify and hold HUSBAND harmless as to same;
e) 2002 Mazda - WIFE shall be solely responsible for the debt on this
vehicle loan associated with the 2002 Mazda in the amount of $ 285.00 per month and
agrees to indemnify and hold HUSBAND harmless as to same. WIFE agrees to pay the
balance on this vehicle in full within six (6) months from the date of execution of this
Agreement. Upon proof that the vehicle has been paid in full, HUSBAND agrees to
transfer the title over to WIFE so it may become her sole and separate property.
Each party agrees to indemnify and hold harmless the other for any failure to
make proper payments upon any debt for which he or she is assuming responsibility
under this Agreement.
13. PENSIONS, ANNUITIES AND/OR RETIREMENT BENEFITS:
HUSBAND has a 401(k) through his employment at Roadway. WIFE shall receive
$5,000.00 from HUSBAND's 401(k) in accordance with the Qualified Domestic
Relations Order attached hereto as Exhibit "A," which was drafted and prepared by the
parties directly and independent of counsel. HUSBAND and WIFE agree to accept sole
responsibility for the preparation and implementation of the Qualified Domestic
Relations Order and indemnify and hold harmless all others against any liability thereon.
After the transfer of the $5,000.00 to WIFE, she thereafter waives any right, title or
interest she may have in HUSBAND's 401k or any other retirement benefits of
HUSBAND. HUSBAND hereby waives all right, title and interest in any retirement
benefits owned by WIFE.
14. MOTOR VEHICLES: HUSBAND agrees to be solely responsible for
the vehicle in his possession, a 2004 Pacifica, and further agrees to indemnify WIFE and
hold her harmless against any liability resulting from this vehicle. WIFE agrees to sign
any and all documents necessary to give effect to this paragraph within ten (10) days of
any request by HUSBAND.
The vehicle in WIFE's possession, a 2002 Mazda, shall become her sole and
separate responsibility. WIFE agrees to pay the balance on this vehicle in full within six
(6) months from the date of execution of this Agreement. Upon proof that the vehicle has
been paid in full, HUSBAND agrees to transfer the title over to WIFE so it may become
her sole and separate property. WIFE shall indemnify HUSBAND and hold him harmless
against any liability resulting from this vehicle.
15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter
own and enjoy, independently of any claim or right of the other, all items of property, be
they real, personal or mixed, tangible or intangible, which are hereafter acquired by him
or her, with full power in him or her to dispose of the same as fully and effectively, in all
respects and for all purposes as though he or she were unmarried.
16. ALIMONY: HUSBAND and WIFE recognize and acknowledge that the
foregoing provisions for their individual benefit are satisfactory with regard to support
and maintenance, past, present and future. The parties release and discharge the other
absolutely and forever for the rest of their lives for all claims and demands, past, present
or future, for alimony, alimony pendente lite or for any provisions for support and
maintenance. The parties further acknowledge that in consideration of the transfers made
herein, each completely waives and relinquishes any and all claims and/or demands they
may now have or hereafter have against the other for alimony, alimony pendente lite,
spousal support, counsel fees and court costs.
17. HEALTH INSURANCE: HUSBAND agrees to continue to insure
WIFE and her son on his employer-sponsored health insurance plan for six (6) months
from the date of execution of this Agreement or until such time as WIFE is eligible to
obtain health benefits through her employer, whichever shall first occur. HUSBAND
agrees to be responsible for the cost of said coverage. WIFE shall be responsible for all
costs other than the health insurance premium at the current rate charged to HUSBAND
by his employer. Such other costs shall include but not be limited to non-covered
treatment expenses, deductibles, co-pays and the like.
18. INCOME TAX: HUSBAND and WIFE agree to file a joint tax return
for tax year 2006. In the event that there is a refund or deficiency for the tax year 2006,
HUSBAND and WIFE agree that the deficiency or refund shall be split between the
parties evenly within ten (10) days of receiving notice of said refund or deficiency. For
tax years 2007 and thereafter HUSBAND and WIFE shall file separate tax 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,
for a tax year in which a joint return was filed, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax deficiency or assessment and
any interest, penalty and expense incurred in connection therewith. Such tax, interest,
penalty or expense shall be paid solely and entirely by the individual who is finally
determined to be the cause of the misrepresentations or failures to disclose the nature and
extent of his or her separate income on the aforesaid joint returns. In the event that any
additional taxes, penalties or interest are assessed as a result of a mathematical error or
some other reason not related to a party's under-reporting of income or claiming any
improper deduction, such additional liability shall be divided between the parties pro rata
to the gross taxable income of each as reported on that year's tax return.
19. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS:
The parties hereby agree and express their intent that any transfer of property pursuant to
this Agreement shall be within the scope and applicability of the Deficit Reduction Act of
1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the
transfers of property between spouses and former spouses. The parties agree to sign and
cause to be filed any elections or other documents required by the Internal Revenue
Service to render the Act applicable to the transfers set forth in this Agreement without
recognition of gain on such transfer and subject to the carry-over basis provisions of said
Act.
20. EFFECT OF DIVORCE DECREE: The parties agree that, except as
otherwise specifically provided herein, this Agreement shall continue in full force and
effect after such time as a final Decree in Divorce may be entered with respect to the
parties.
21. BREACH: If either party breaches any provision of this Agreement, the
other party shall have the right, at his or her election to sue for damages for such breach
or seek such other remedies or relief as may be available to him or her, and the party
breaching this contract shall be responsible for payment of reasonable legal fees and costs
incurred by the other in enforcing their rights under this Agreement.
22. WAIVER OF CLAIMS: Except as herein otherwise provided, each
party may dispose of his or her property in any way, and each party hereby waives and
relinquishes any and all rights he or she shall now have or hereafter acquire, under the
present and future laws of any jurisdiction, to share in the property or the estate of the
other as a result of the marital relationship, including without limitation, dower, courtesy,
statutory allowance, widow's allowance, right to take in intestacy, right to take against
the Will of the other, and the right to act as administrator or executor of the other's estate,
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 such interests, rights and claims.
23. 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.
24. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding on and shall inure to the benefits of the parties hereto and their respective heirs,
executors, administrators, successors and assigns.
25. ADDITIONAL INSTRUMENTS: Each of the parties shall from time
to time, at the request of the other, execute, acknowledge and deliver to the other any and
all further instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
26. VOID CLAUSES: If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then
only that term, condition, clause or provision shall be stricken from this Agreement and
in all other respects this Agreement shall be valid and continue in full force, effect and
operation.
27. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that each paragraph hereof shall
be deemed to be separate and independent Agreement.
28. FINANCIAL DISCLOSURE: The parties confirm that they have relied
on the completeness and substantial accuracy of the financial disclosure of the other as an
inducement to the execution of this Agreement. The parties acknowledge that there has
been no formal discovery conducted in their pending divorce action and that neither party
has filed an inventory and appraisement as required by Section 3505(b) of the
Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to
pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of
any interest owned by the other party in an asset of any nature at any time prior to the
date of execution of this Agreement that was not disclosed to the other party or his or her
counsel prior to the date of the within Agreement is expressly reserved. In the event that
either party, at any time hereafter, discovers such an undisclosed asset, the party shall
have the right to petition the Court of Common Pleas of Cumberland County to make
equitable distribution of said asset. The non-disclosing party shall be responsible for
payment of counsel fees, costs or expenses incurred by the other party in seeking
equitable distribution of said asset. Notwithstanding the foregoing this Agreement shall
in all other respects remain in full force and effect.
29. MODIFICATION AND WAIVER: A modification or waiver of any of
the provisions of this Agreement shall be effective only if made in writing and executed
with the same formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent defaults of the same or similar nature.
30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are
for convenience only. They shall have no effect whatsoever in determining the rights or
obligations of the parties.
31. APPLICABLE LAW: This Agreement shall be construed under the
laws of the Commonwealth of Pennsylvania and more specifically under the Divorce
Code of 1980 and any amendments thereto.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the
date and year first above written.
r
4STEN WAULTERS DENIS AULTERS
Timothy J. Colgan, Esquire
-ANA t\
WITLESS
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF
On this, the 91 * day of (0 , 2006, before me, a
notary public, personally appeared STEPHEN M. WA LTERS known to me or
satisfactorily proven to be the person whose name is subscribed to the within Marital
Settlement Agreement and acknowledged that he executed the same for the purposes
therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
NO ARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
My Commission Expires: Jeanette L. Roberts, Notary Public
Dillsburg Boro, York County
My Commission Expires Aug. 22, 2010
Member, Pennsylvania Association of Notaries
COMMONWEALTH OF PENNSYLVANIA
: SS
COUNTY OF ?L)r F-
On this, the day of N 6j&j)1 , 2006, before me, a
notary public, personally appeared DENISE R. WAULTERS known to me or
satisfactorily proven to be the person whose name is subscribed to the within Marital
Settlement Agreement and acknowledged that she executed the same for the purposes
therein contained.
WITNESS, my hand and notarial seal the day and year aforesaid.
4TTOARY -4?" ti,
PUBLIC
COMMONWEALTH OF PENNSYLVANIA
My Commission Expires: Notarial Seal
Jeanette L. Roberts, Notary Public
Diiisburg Boro, York County
My Commission Expires Aug. 22, 20.10
Member, Pennsylvania Association of Notaries
C>
?r'
rIl
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
STEPHEN M. WAULTERS,
Plaintiff
VS.
DENISE R. WAULTERS,
Defendant
* No. 05-5623 CIVIL TERM
* CIVIL ACTION
* DIVORCE
ACKNOWLEDGMENT OF PARTIES TO ENTRY
OF QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, to wit, this, day of , 2006, the parties in the above-
referenced action do hereby agree that the attached Qualified Domestic Relations Order shall be
entered as an Order of Court.
Timothy olga , Esq.
Counsel for Plaintiff
ness
tep en M. Waulters
Plaintiff
enis Waulters
Defen nit - Pro Se
. .
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
STEPHEN M. WAULTERS,
Plaintiff
VS.
DENISE R. WAULTERS,
Defendant
No. 05-5623 CIVIL TERM
CIVIL ACTION
DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c).
2. Date and manner of service of the Complaint:
The Defendant Accepted Service of the Complaint on November 10, 2005, said
Acceptance of Service was filed with this Honorable Court on November 16,
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 Plaintiff: November 21, 2006', By Defendant: November
20, 2006.
(b) (1) Date of execution of the Affidavit required by Section 3301(d) of the
Divorce Code: N/A (2) Date of filing and service of the Plaintiffs Affidavit
upon the Respondent: N/A.
4. Related claims pending:
All related claims were settled by a Marital Settlement AF-reement dated
November 21, 2006, and filed with This Honorable Court on December 1, 2006.
r ? y
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached:
(b) Date Plaintiff s Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: December 1, 2006; Date Defendant's Waiver of Notice in
Section 3301(c) Divorce was filed with the Prothonotary: December 1, 2006.
Respectfully Submitted:
Date: By: _*!:?n
Timothy J. o an, Esquire
Supreme Court I.D. #77944
130 West Church Street, Suite 100
Dillsburg, PA 17019
(717) 432-9666
(Attorney for Plaintiff)
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Stephen Waulters }
VS. )
Denise Washers )
CASE NO. 05-5623 CIVIL TERM
QUALIFIED
DOMESTIC
RELATIONS ORDER
Cumberland County
Carlisle
Carlisle
WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order, and
WHEREAS, the parties and dw Court intend that the Order sW be a Quabfiod Domesbc
Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the
Employee Retirement Incom Security Act of 1974, as amended ("MUSA") and Section 414(p) of the
Internal Revenue Code of 1986, as amended; and,
WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of
the qualified status of this Order, and
WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified
Domestic Relations Order, and
WHEREAS, the parties have stipulated that the Court enter this Order,
NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HERE BY ORDERED
BY THE COURT as follows:
1. As used in this Order, the following terms shall apply.
(a) "Participant" shall mean Stephen Waulters, whose current address is 602 Somerset
Drive, Mechanicsburg, PA 17055.
(b) "Alternate Payee" shall mean Denise Waulters, whose current address is 602 Somerset
Drive, Mechanicsburg, PA 17055.
(c) "Plan" shall mean Yellow Roadway Corporation Retirement Plan.
2. The Order relates to marital property rights
3. The date of marriage was 05/26/2002.
4. The date of legal separation or divorce is 45? = Z -7,
5. The Alternate Payee is the spouse of the Participant,
6. With respect to marital property, alimony and spousal awards, the Participant and the
Alternate Payee are/were married for federal income tax purposes.
7. The "Valuation Date" shall be 05M' ft-1W7. 0 i z Z I ?? JW y??
8. The Alternate Payee's interest in the Plan shall be $5,000.00 of the Partic4 mrs total
vested account balance under the Plan as of the Valuation Date.
9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and
losses) from the Valuation Date to the date that the award is sepvpdcd from the Partici-
pant's account. From and after the date of segregation, the Alternate Payee's award shall
be held in an account under the Plan and shall be entitled to all earnings attributable to
the inveshnents therein.
10. In the event there is an outstanding loan balance as of the Valuation Date, the loan bal-
ance will not be included for purposes of calculating the account balance to be divided.
The Alternate Payee's award will be paid from the non-loan assets in the Participant's
account on the date that the award is segregated from the Participant's account.
11. The Alternate Payee's award will be paid proportionately from all standard plan invest-
ment options in which the Participant's account is invested (not including the Broker-
ageLink account). to the event that the Participant has a BrokerageLink account and
there are insufficient funds in the standard plan investment options in the Participant's
accoimt to satisfy the Alternate Payee's award, the Participant is hereby ORDERED to
ir-mc-diateiy transfer sufficient funds from the Rroke.ragel ink aceniint to the standard
plan investment options to satisfy the Alternate Payee's a:=yard.
12. The Alternate Payee shall have the right to select from the available benefit fnr-, pro-
v0e.d tinder the terms of the Plan at the, time the Alternate Payee becomes eligible and
elects a distribution. The Alternate Payee shall initiate the distribution in ac:enr?ttnce
w4b the t(:rms of the Plan and the administrative procedures that have been established
by the Plan Administrator. The amount distrihutcd to the Alternatr Paye,^ ,-will ho hi;;rrf
nn tt?e u-91its of the Allemate Paved`-, arr'niint on the date the distribution is processed.
11 All bemericiary designations will be made after clitalification of the Order and segmga-
tion of a separate account for the Alternate Payee pursuant to the administrative proce-
dures eit Misled for the Plan.
1;i< ?tervt d
14. The Partie-, -,hail cause am original c:ouf certified or trite, copy ofthi<, Order to
it 011c Plan Administrator's agent, Fidelity Employer Services Company LLC, forth-
Y,-1.I. I.."i ?iCil { :11.Ull rca ait? In of ect witil further carder of this Court.
_.-.a F1 - Or ?..ry h{? \?I f , Ik4, .4.tI 7 , tf- rYi "i ..»14 F /.rat. e I'm
t.N it. I. It t?l1 / J ?;I ? R YiFf? ..: t it•.1, l
irsiisi tr) i`1.+i4Stlf iC'i t. i; /1lit;i? ix, rayrr -ny t3wise ^^ or Pi?7 of cric.',it or option nf'?t. Other-
"I"
t.
ir Fiior thc, 'Pla'Plan, to prFfxFt:lC. trka. f4ilatC,rna.tt` rit.ci'
FSC i3"Vt?Fl..r,rr... If
(Idf ,:tcrmnii F l :fir i.h, l; sirs of iit.}iar-fal Vali.ii;) not .:x'v.'til, to the Pailt.ic-Apant, or to pay
any F?,.ne ik to the Alt4.inal.. Payci, that arc, ri`.ittimilt to bc, 1)3iid to anothcx Alti'rnstc
n Yt C ti!} ?;F' i'tnr+t 4:;i' t?rtit;i' wVI:F%ll t1.2.q lycCn t1c:!%rr37lrlC.tl if11iC Ql?itt? l3%fcirr, 11335 Or cr
is deterrmincd to be a QDRO.
16. Neither Party shall accept any benefits from the Plan which are the property of the other
Party. In the event that the Plan Administrator inadvertently pays to the Participant any
benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the
Participant shall forthwith return such benefits to the Plan. In the event that the Plan Ad-
ministrator inadvertently prays to the Al a Payne any bcwft 6W we not assigned
to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall
forthwith =turn such benefits to the Plan.
17. The Plan and its sponsor and fiduciaries shall not be responsible for my a#orney`s fees
incurred by the Participant or the Alternate Payee in connection with obtaining, modify-
ing and enforcing this Domestic Relations Order.
18. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee
who is the spouse or former spouse of the Participant will be treated as the distrbbutee of
any distributions or payments made to the Alternate Payee under the terms of this Or-
der, and as such, will be required to pay the appropriate federal and/or state income
taxes on such distribution. If the Alternate Payee is a child or other dependent of the
Participant, the Participant will be responsible for any federal and/or state income taxes
on any such distribution.
19. 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.
Alternate Payee:
Denise Waulters
602 Somerset Dive
Mechanicsburg, PA 17055
Dated: `1 10 0 7
A#erwy For Participant:
Timothy Colgan
The Wiley Group
130 West Church Street, Suite 100
Dillsburg, PA 17019
Judge Of the Court:
Track Ne: 15423376
? I: I I plj Q I ?e`i LO OZ
3,Hi JO
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
STEPHEN M_WAULTERS,
Plaintiff
VERSUS
DENISE R WAUL T RS,
No. 2005-5623 CIVIL TERM
DECREE IN
DIVORCE
AND NOW, % 03'x\ IT IS ORDERED AND
DECREED THAT STEPHEN M. WAULTERS
AND DENISE R. WAULTERS
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
,DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The terms and provisions of the Marital Settlement Agreement signed by the
parties and dated November 21, 2006 are hereby incorporated but not merged in the
Decree of Divorce and remain binding upon the parties.
BY THE COURT:
ATTEST: J.
PROTHONOTARY
Co. f h
a
A
) CASE NO. 2005-5623
Stephen M Waulters )
QUALIFIED
vs. ) DOMESTIC
RELATIONS ORDER
Denise Waulters )
AUG 10 20D7pW
547""6
Cumberland County
PA
PA
WHEREAS, this Court has jurisdiction over the parties and the subject matter of this Order; and
WHEREAS, the parties and the Court intend that this Order shall be a Qualified Domestic
Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the
Employee Retirement Income Security Act of 1974, as amended ("ERISA") and Section 414(p) of the
Internal Revenue Code of 1986, as amended; and,
WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of
the qualified status of this Order; and
WHEREAS, following approval by the Plan Administrator, this Order shall constitute a Qualified
Domestic Relations Order; and
WHEREAS, the parties have stipulated that the Court enter this Order;
NOW, THEREFORE, pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED
BY THE COURT as follows:
1. As used in this Order, the following terms shall apply:
(a) "Participant" shall mean Stephen M Waulters, whose current address is 423 Walnut
Street, apt 121, Harrisburg, PA 17101.
(b) "Alternate Payee" shall mean Denise Waulters, whose current address is 602 Somerset
Drive, Mechanicsburg, PA 17055.
(c) "Plan" shall mean Yellow Roadway Corporation Retirement Savings Plan.
2. The Order relates to marital property rights
3. The date of marriage was 05/26/2002.
4. The date of legal separation or divorce is 04/10/2007.
5. The Alternate Payee is the former spouse of the Participant.
6. With respect to marital property, alimony and spousal awards, the Participant and the
Alternate Payee are/were married for federal income tax purposes.
7. The "Valuation Date" shall be 04/10/2007.
8. The Alternate Payee's interest in the Plan shall be $5,000.00 of the Participant's total
vested account balance under the Plan as of the Valuation Date.
9. The Alternate Payee's award is not entitled to earnings (dividends, interest, gains and
losses) from the Valuation Date to the date that the award is segregated from the Partici-
pant's account. From and after the date of segregation, the Alternate Payee's award shall
be held in an account under the Plan and shall be entitled to all earnings attributable to
the investments therein.
10. In the event there is an outstanding loan balance as of the Valuation Date, the loan bal-
ance will not be included for purposes of calculating the account balance to be divided.
11. The Alternate Payee's award will be paid proportionately from all standard plan invest-
ment options in which the Participant's account is invested (not including the Broker-
ageLink account). In the event that the Participant has a BrokerageLink account and
there are insufficient funds in the standard plan investment options in the Participant's
account to satisfy the Alternate Payee's award, the Participant is hereby ORDERED to
immediately transfer sufficient funds from the BrokerageLink account to the standard
plan investment options to satisfy the Alternate Payee's award.
12. The Alternate Payee shall have the right to select from the available benefit forms pro-
vided under the terms of the Plan at the time the Alternate Payee becomes eligible and
elects a distribution. The Alternate Payee shall initiate the distribution in accordance
with the terms of the Plan and the administrative procedures that have been established
by the Plan Administrator. The amount distributed to the Alternate Payee will be based
on the value of the Alternate Payee's account on the date the distribution is processed.
13. All beneficiary designations will be made after qualification of the Order and segrega-
tion of a separate account for the Alternate Payee pursuant to the administrative proce-
dures established for the Plan.
14. Neither Party shall accept any benefits from the Plan which are the property of the other
Party. In the event that the Plan Administrator inadvertently pays to the Participant any
benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the
Participant shall forthwith return such benefits to the Plan. In the event that the Plan Ad-
ministrator inadvertently pays to the Alternate Payee any benefits that are not assigned
to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall
forthwith return such benefits to the Plan.
15. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee
who is the spouse or former spouse of the Participant will be treated as the distributee of
any distributions or payments made to the Alternate Payee under the terms of this Or-
der, and as such, will be required to pay the appropriate federal and/or state income
taxes on such distribution. If the Alternate Payee is a child or other dependent of the
Participant, the Participant will be responsible for any federal and/or state income taxes
on any such distribution.
16
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.
Alternate Payee:
Denise Waulters
602 Somerset Drive
Mechanicsburg, PA 17055
Dated: g C1 O?
Attorney For Participant:
Timothy Colgan
The Wiley Group
130 West Church Street, Suite 100
Dillsburg, PA 17019
Judge Of the Court: 4 % :i u4
Track No: 547656236
L i :Z tlgd a ! Si,A LOOZ
:'Hi aU
?nt tn? 1
ADDENDUM TO DOMESTIC RELATIONS ORDER
For Submission to Fidelity QDRO Administration ONLY
Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in pub-
lic records to prevent identity theft. Therefore, please forward the following information sheet to
Fidelity Employer Services Company LLC when you submit the court certified copy of your Do-
mestic Relations Order. Do NOT file the Addendum with your court when you file your Domestic
Relations Order.
review to determine whether the Order is "Qualified" Domestic Relations Order. Please consult
the Plan's QDRO Approval Guidelines and Procedures to determine if the Plan assesses a fee for
review and the amount of that fee.
Please send your court certified copy of the Domestic Relations Order to:
Attn: Yellow Roadway Corporation
Fidelity Investments
P. O. Box 770001
Cincinnati, OH 45277-0018
In accordance with D.O.L Field Assistance Bulletin 2003-03, the Parties to the Domestic Rela-
tions Order are notified as follows: Defined Contributions Plans are allowed to assess a fee for the