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HomeMy WebLinkAbout06-0092SHERRI A. SHOWERS, Plaintiff V. MICHAEL W. SHOWERS, Defendant IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. f? 4 2 CIVIL ACTION - DIVORCE NOTICE to DEFEND and CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend yourself 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 for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including visitation of your children. When the grounds for Divorce are indignities or the irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the office of the Court Administrator, Third Floor, Dauphin County Courthouse, Harrisburg, PA. 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 A 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. COURT ADMINISTRATOR 4T" FLOOR CUMBERLAND COUNTY COURTHOUSE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717)240-6200 SHERRI A. SHOWERS, IN THE COURT of COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 06-9d, MICHAEL W. SHOWERS, Defendant CIVIL ACTION - LAW IN DIVORCE Complaint in Divorce AND NOW this ! day of January, 2006 comes Plaintiff SHERRI A. SHOWERS, by and throw her attorney, John M. Glace, Esquire, and seeks to obtain a Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff SHERRI A. SHOWERS is adult individual who now resides at 1919 Enfield Street, Borough of Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant MICHAEL W. SHOWERS is an adult individual who resides at 602 Hummel Street, Borough of Lemoyne, Cumberland County, Pennsylvania 17043.Said address being the former marital residence. 3. Plaintiff and Defendant were married on May 11, 1985 in Colonial Park, Dauphin County, PA. 4. Both Defendant and Plaintiff have been continuous residents of the Commonwealth Pennsylvania for more than six (6) months. 5. There have been no prior actions for Divorce or Annulment between parties in Pennsylvania or any other jurisdiction. 6. Two (2) children were born during the course of the marriage and the parties are the biological parents. Both minor children, Korey Michael Showers ( dob: 9/14/88) and Kasey Michelle Showers (dob: 2/17/92), have resided at the marital home of 602 Hummel Street, Lemoyne, Cumberland County, PA for longer than five (5) years. 7. Neither party is a member of the United States Armed Forces nor of any of its allies. 8. Defendant has been advised of the availability of counseling and his right to request that this Honorable Court require both parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken to Section 3301 (c) of the Pennsylvania Divorce Code, Act 206 of 1990. WHEREFORE Plaintiff SHERRI A. SHOWERS respectfully prays this Honorable Court enter a Decree from the bonds of matrimony COUNT II CUSTODY 10. Paragraphs one (1) through nine (9) are incorporated herein and made part hereof as if set forth in full. 11. No other custody actions have been commenced in this or any jurisdiction(s) nor have the parties executed a signed voluntary agreement. 12. All parties of interest have been made party to this action. WHEREFORE, Plaintiff SHERRI A. SHOWERS respectfully prays this Honorable Court order that she be granted primary physical custody of her two (2) minor children and shared legal custody. subject to terms and conditions of this Honorable Court. RESPECTFULLY SUBMITTED. THE LAW OFFICE of JOHN M. GLACE John lace, Esquire The Law O 1 e f John M. Glace 132-1 Walnut Street Harrisbur , PA 17101-1612 (717) 238-5515 Supreme Court ID# 23933 VERIFICATION I verify that the statements made in the foregoing Complaint for Divorce and Custody are true and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unworn falsification to authorities. Date: I b T M-61 Sherri A. Showers (T) i4 O p Z\ ? a r+ C° C7 -n fir SHERRI A. SHOWERS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL W. SHOWERS DEFENDANT 06-92 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 10, 2006 __, upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at__ _ __ 39 West Main Street, Mechanicsburg PA 17055 on Wednesday, February 15, 2006 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunday, Est, l Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 1 Z7 q VIA N a0 MI r,t5 i SHERRI A. SHOWERS, Plaintiff V. MICHAEL W. SHOWERS, Defendant IN THE COURT of COMMON PLEAS CUMBERTLAND COUNTY, PENNSYLVANIA Number: 2006 -92 CIVIL ACTION - LAW IN DIVORCE and CUSTODY PROOF of SERVICE It is hereby certified by undersigned counsel that the Divorce and Custody Complaint, above captioned, was hand delivered to Defendant on January 13, 2006 and, in support thereof, the signed Acceptance of Service is attached hereto as Exhibit "A" Respectfully submitted: 13?-I?Walnut Street H sburg, PA 17101-1612 (717) 238-5515 Supreme Ct. ID: 23933 Exhibit "A" IN THE COURT of COMMON PLEAS SHERRI A. SHOWERS CUMBERLAND COUNTY Plaintiff PENNSYLVANIA, V. No. MICHAEL W. SHOWERS CIVIL ACTION- LAW Defendant DIVORCE Acceptance of Service I, MICHAEL W. SHOWERS., Defendant above named, accept service of the Complaint in Divorce, above docketed and certify that I am competent and authorized to do so. / 11-3 o Dat of Service CERTIFICAATCE OF SERVICE I HEREBY CERTIFY that this /U--day of January, 2006 I have served a true and correct copy of the foregoing Proof of Service, by first class mail, postage pre-paid, upon: Michael W. Showers 602 Hummel Avenue Lemoyne, PA 17043 LAW OFFICES of JOHN M. GLACE y lace, Esquire Walnut Street g, PA. 17101-1612 (717) 238-5515 Identification No. 23933 Counsel for Plaintiff ._, ' ?; ? ?_ ?;,?. n ?> r? ? ?, c .> .-IVED FED Z? YY SHERRI A. SHOWERS Plaintiff vs. MICHAEL W. SHOWERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-92 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ILL{JIN day of 1" e.%f9&ir? , 2006, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Sherri A. Showers, and the Father, Michael W. Showers, shall have shared legal custody of Korey Michael Showers, born September 14, 1988, and Kasey Michelle Showers, born February 17, 1992. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Father shall have primary physical custody of Korey. The Mother shall have periods of partial physical custody of Korey on a weekly basis as arranged by agreement between the parties, taking into consideration Korey's needs, desires and interests as a priority. 3. The Mother shall have primary physical custody of Kasey. The Father shall have partial physical custody of Kasey on alternating weekends, beginning Friday, February 17, 2006, from Friday at approximately 5:00 p.m. (when the Mother shall transport the Child to the Father's residence after work) through Sunday at 9:00 p.m. During weeks following the Father's weekend periods of custody, the Father shall have custody of Kasey on Thursdays from after school until 9:00 p.m. and during weeks following the Mother's weekend periods of custody, the Father shall have custody of Kasey on Tuesdays from after school until 9:00 p.m. 4. The parties shall share having custody of Kasey on holidays in accordance with the following schedule. Until Korey reaches the age of majority in September, the parties agree to handle holiday custodial arrangements for Korey in the same flexible manner as provided in Paragraph 2 of this Order. A. Christmas: In every year, the Mother shall have custody of Kasey on Christmas Eve from 6:00 p.m. until 10:00 p.m., the Father shall have custody from Christmas Eve at 10:00 p.m. through Christmas Day at 1:00 p.m., the Mother shall have custody on Christmas Day from 1:00 p.m. until 5:00 p.m., and the Father shall have custody on Christmas Day from 5:00 p.m. until 11:00 p.m. B. Thanksgiving: In every year, the Mother shall have custody of Kasey on Thanksgiving Day until 5:00 p.m. and the Father shall have custody from Thanksgiving Day at 5:00 p.m. through the Friday after Thanksgiving at 5:00 p.m. C. Labor Day/Memorial Day: The parent who has custody of the Child under the regular weekend custody schedule shall retain custody through the Labor Day and Memorial Day holidays until 9:00 p.m. D. Mother's Day/Father's Day: In every year, the Mother shall have custody on Mother's Day and the Father shall have custody on Father's Day from 9:00 a.m. until 9:00 p.m. E. The holiday custody schedule shall supercede and take precedence over the regular custody schedule. F. In the event a holiday period of custody begins or ends immediately preceding or following a regular period of custody, the holiday and regular periods shall run continuously without interruption. 5. Each parent shall be entitled to have custody of the Children for up to three weeks each year upon providing at least 60 days advance notice to the other party. Periods of custody under this provision shall not be scheduled to exceed 14 consecutive days. Each party shall schedule his or her periods of custody under this provision to include that party's regular weekend periods of custody. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. The parties shall discuss any proposed changes to the custody schedule directly with each other prior to discussing any adjustments with the Children. 7. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: John M. Glace, Esquire -Counsel for Mother Michael W. Showers, Father ,?? t ? __ <?? i J _ ??} :. SHERRI A. SHOWERS Plaintiff vs. MICHAEL W. SHOWERS Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 06-92 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME Korey Michael Showers September 14, 1988 Kasey Michelle Showers February 17, 1992 DATE OF BIRTH CURRENTLY IN CUSTODY OF Father Mother 2. A custody conciliation conference was held on February 15, 2006, with the following individuals in attendance: The Mother, Sherri A. Showers, with her counsel, John M. Glace, Esquire, and the Father, Michael W. Showers, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator SHERRI A. SHOWERS, Plaintiff V. MICHAEL W. SHOWERS, Defendant IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 92 CIVIL ACTION - DIVORCE Affidavit of Consent 1. A Complaint in Divorce was filed under Section 3301 (c) on January 5, 2006 and served on January 13, 2006 by personal service. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce without notice 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. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. ?A /D-1 Date S ern A. Showers FTI e SHERRI A. SHOWERS, IN the COURT of COMMON PLEAS of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006 - 92 AUCHAEL W. SHOWERS, Defendant CIVIL ACTION - DIVORCE Waiver of Notice of Intention to Request Entry of a Divorce Decree Under Section 3341 (c) of the Divorce Code 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after that Decree is filed with the Prothonotary. I verify that the statements herein are made are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. D Date herri A. Showers C'? ?c ? SHERRI A. SHOWERS, Plaintiff V. MICHAEL W. SHOWERS, Defendant IN THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, : PENNSYLVANIA No. 2006 - 92 CIVIL ACTION - DIVORCE Affidavit of Consent 1. A Complaint in Divorce was filed under Section 3301 (c) on January 5, 2006 and served on January 13, 2006 by personal service. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce without notice 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. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Sectio 4904 relating to unworn falsification to authorities. Z7 /-- 3/Zl /D,1 Date Michael W: { coo G• K SHERRI A. SHOWERS, IN the COURT of COMMON PLEAS of Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : V. No. 2006 - 92 MICHAEL W. SHOWERS, Defendant CIVIL ACTION - 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that 1 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 that Decree is filed with the Prothonotary. I verify that the statements herein are made are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C. S., Sec ' n 4 relating to unswom falsification to authorities. .Z (01 Date Michael W. C? rv t r _ r 6 .4, 'Try w a -?? tl? 1 r'7 , 66 - q )-- MARITAL SETTLEMENT AGREEMENT t THIS AGREEMENT, made this' "day of 2007, by and between Sherri Ann Showers, hereinafter referred to as "Wife", and Michael Wayne Showers, hereinafter referred to as "Husband". WHEREAS, Husband and Wife were lawfully married on May 11, 1985 in Dauphin County, Pennsylvania. WHEREAS, two children were born of this marriage, and WHEREAS, certain differences have arisen between the parties as a result of which they separated on July 30, 2004 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, have been informed on their right to legal counsel and Wife retained John M. Glace, Esquire and Husband had at one time retained counsel, but has discharged said counsel and elected to proceed pro se and all parties have come to the agreement, which follows: 1. NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound covenant, promise and agree as follows: 1. Separation. It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. Each party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful exis?e, separate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since July 30, 2004 she has not contracted and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since July 30, 2004 he has not contracted and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. OuWanding Joint Debts. The parties acknowledge that they have incurred several outstanding debts and obligations prior to their July 30, 2004 separation. Since the date of separation these debts have been resolved to the full satisfaction of both parties; but for the joint first and second mortgage of the marital residence at 602 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania After separation Husband refinanced both of these mortgages and presently is sole mortgagor of that said marital residence. As provided hereinafter in this Agreement, Wife will agree to transfer her ownership interest in this marital residence to Husband. Husband agrees to be fully and solely responsible for the new mortgage(s) for the marital residence which have been incurred since the July 30, 2004 separation and all debts that have wholly or in part been collateralized by the marital residence. 2. b. Banicraptcy Husband has filed for individual Bankruptcy since the July 30, 2004 separation and without the joinder of Wife. Husband acknowledges and agrees to fully satisfy each of his liabilities and obligations that he has assumed as per the terms of this Agreement and that he has the financial ability and wherewithal to fully fulfill those obligations notwiffistanding his present Bankruptcy. Further Husband acknowledges that the herein, obligations of this Agreement shall be satisfied in full and were not be discharged in Bankruptcy. Furthermore, in the event a discharge is forthcoming, the discharge of the debtor's obligations under this Agreement shall not result in a benefit to the Husband Debtor that outweighs the detrimental consequence to the non-debtor Wife. 7. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a maruier which conforms to the criteria set forth in Section 401 of the Penrnsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and for Wife; the age, health, station, amount and sources of income, vocational skill, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits, the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic of each party at the time the division of property is to become effective. 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 properly not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Properly. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property as well as business inventory between them; but for the items delineated 3. below in this subparagraph. The parties mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and the Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangt?le marital property; but for the items delineated herein below in this subparagraph. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of the Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement both parties shall have complete freedom of disposition as to their separate property and property which is in their possession or control, pursuant to the Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property- B Distribution of Real Estate. Husband and Wife jointly own the marital residence at 602 Hummel Avenue, Lemoyne , Cumberland County, Pennsylvania. Wife agrees to transfer, convey, and quitclaim her ownership interest in this realty to Husband no later than thirty (30) days after entry of the Divorce Decree. Husband acknowledges that he after the July 30, 2004 separation has incurred collateralized debts on this real estate and will indemnify and save harmless Wife for any detriment she may have incurred or may incur after that date. C. Dishibution of Liquid Assets. The parties have agreed that prior to execution of this Marital Settlement Agreement they have divided to their mutual satisfaction and agreement all other liquid assets, including, but not limited to, all checking savings, business credits and due invoices, and investment accounts. Both parties by their here below signatures acknowledge that they have made full disclosure of all liquid assets accumulated 4. throughout the course of the marriage, either individually or as a joint asset. D. Retirement Instruments Husband and Wife acknowledge and agree that at the date of separation on July 30, 2004, Husband owned by his contributions and employer's contribution a profit sharing account with Alliance Benefit Group valued at $56A76.39 Husband agrees to convey and fully cooperate in entry of a Qualified Domestic Relations Order and that Wife will be conveyed for her investment one-half (1/2) of that amount; said amount being $28,238.19. Wife may elect without objection to redeem that amount. All penalties and/or other financial detriment for an early redemption of this investment instrument shall be the sole responsible of the Wife. L &ewise, if Husband elects to redeem his thement instrument early, all penalty and/or other financial detriment shall be his sole responsibility. 8. Vehicles. Notwithstanding Paragraph 7 of the Amt, Husband acknowledges that Wife has full ownership and possession of the 1997 Chrysler 300M Sedan presently titled to her and in her possession. Wife acknowledges that all vehicles m the possession of Husband including, but not limited to a Ford Explorer are not marital property and subject to Equitable Distribution and that she has no claim or interest m any such vehicle or any other vehicle in which he may have obtained an interest since the date of separation. 9. Alimony. Both parties acknowledge and agree that the provisions of the Agreement providing for equitable distribution of marital property as fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, mainfienance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support or alimony. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to include the actual counsel fees of the defendant in any such future action. 10 Alimony Pendente Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisions of the Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them. Both parties shall accept the provisions set forth in this Agreement in lieu of 5. and in full and finial settlement and satisfaction of all claims and demands that either may now or hereafter have against the other for alimony pendente lite, counsel fees or expenses, or any other provision for their support and maintenance before, during and after the commencement of any proceedings for divorce or annulment between the parties. Each party shall be responsible for his or her own counsel fees, and each agrees to indemnify, defend and save the other harmless from any action commenced against the other for alimony pendente lite, counsel fees and/or expenses. 11. Divorce. A Complaint in Divorce has been filed to No. 2006 - 92 in the Court of Common Pleas of Cumberland County, Pennsylvania. Simultaneously to the execution of this Agreement, both parties will sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301(c) of the Divorce code and the Waiver of Notice to file of record that Affidavit and request issuance of a Decree in Divorce. In the event, for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of the Agreement by the proceeding party, there shall be no defense to such action asserted. 12. Time of Distribution The assets and interests to be transferred under and pursuant to the Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement unless otherwise specified. All spousal support and other such obligations, including alimony, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3301(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final decree. 13. Release. Subject to the provisions of the Agreement, each party has released and discharged, and by the Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of actions, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, counsel fees, alimony pendente line, and 6. expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of the Agreement Each party also waives his or her right to request marital counseling, pursuant to Section 202 of the Divorce Code. 14. Waivers 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 jurisdictim to share in the property or the estate of the other as a result of the marital relationship, including without limitations, dower, curtsey, 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 any right existing now or in the future under the Pennsylvania Divorce Code as amended from time to time, 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. 15. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 16. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 17. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated, but shall not merge, in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligations of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 7. 18. 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 the Agreement. 19. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdictions, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 20. Entire Agreement. This Amt contains the entire understanding of the parties and there are no representations, warranties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of the Agreement with respect to the distributions and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of the Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to Section 401(d) of the Divorce code or any other laws. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of the Agreement. 21. Modification and Waiver. A modification or waiver of any of the provisions of the Agreement shall be effective only if made in writing and executed with the same formality as this Agreements The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time a in the future within the 8. Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under the Amt, entitling then nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of the instrument, it is intended that the court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern 23. Voluntary Execution. The provisions of the 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, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 24. Descriptive Headings. The descriptive headings used herein are for convergence only. They shall have no effect whatsoever in deg the rights or obligations of the parties. 25. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrator, successors and assigns. 26. Reconciliation- Notwithstanding a post-divorce reconciliation, including co- habitation or re-marriage, between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 27. Incorporation of Agreement. The terms of this Agreement shall be incorporated in any Divorce Decree which may be entered in respect to the parties. This Agreement shall survive any such final judgment or Decree of Divorce. Both parties shall have all rights of enforcement under applicable law including the Pennsylvania Divorce Code. 9. BY THEIR BELOW SIGNATURES, the parties ad mowledge that they each have received a fully executed original copy of this entire agreement IN WITNESS WHEREOF, the parties have hereunto set their hands and seals to this ten (10) page Post Nuptial Agreement on the day year first above wri r In witness thereof, I set my hand and official seal Sherri Ann Showers Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County In witness thereof, My Commission Expires June 15, 2010 set my hand and official seal. Notary Pu lic COMMONWEALTH OF PENNSYLVANIA NOTARIAL S MICHAEL R. CARANCI, Notary Public Lemoyne Boro. Cumberland County My Commission Expires June 15, 2010 10. r ? is 1 r'S 1 klJN; FC:! 1? 6%;If TAWt0 Z ' ?iiu r is -'d "Ni -10 3 SHERRI A. SHOWERS, Plaintiff V. IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA, No. 2006 - 92 MICHAEL W. SHOWERS, CIVIL ACTION - DIVORCE Defendant PRAECIPE to TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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 the Complaint: Personal service on January 13, 2006. 3. Date of Execution of Affidavit of Consent required pursuant to Section 3301(c) of the Divorce Code: a. By Plaintiff: March 26, 2007. b. By Defendant: March 26, 2007. 4. Related Claims Pending: None 5. Date of Plaintiff's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: March 26, 2007. 6. Date of Defendant's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: March 26, 2007. Respectfully Submitted, THE LAW OFFICE of JOHN M. GLACE o lace, Esquire Sup Court I.D. 23933 132-134 Waln treet, Harrisburg PA 17101-1612 (717) 238-5515 Attorney for Plaintiff C(3 ILO rQ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Sherri A. Showers Plaintiff VERSUS Michael W. Showers Defendant No. 2006 - 92 DECREE IN DIVORCE At-t Ar-hPd Marital Settlement Agreement is AND NOW, IT IS ORDERED AND DECREED THAT Sherri A. Showers PLAINTIFF, AND Michael W. Showers DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD I THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; vov, PROTHONOTARY t,7 467 SHERRI A. SHOWERS, Plaintiff V. MICHAEL W. SHOWERS, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 92 CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER PITT-OHIO E ESS. LLC PROFIT SHARING PLAN This Order is intended to be a Qualified Domestic Relations Order (QDRO) as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (ERISA) and Section 414(p) of the Internal Revenue Code of 1986 (Code). This QDRO is granted in accordance with the Divorce Code of Pennsylvania, as amended, which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1- IDENTIFICATION of PLAN This Order shall apply to PITT OHIO EXPRESS, LLC PROFIT SHARING PLAN, by and through its third party administrator ALLIANCE BENEFIT GROUP or any successor. SECTION 2 - IDENTIFICATION of PARTICIPANT and ALTERNATIVE PAYEE A. Michael W. Showers, Defendant above, Date of Birth: November 3, 1965; Social Security Number: 194-56-7747, hereinafter referred to as "Participant" is a participant in the Pitt Express Employee Profit Sharing Plan (hereinafter "the Plan"). B. The current and last known mailing address of Participant is 602 Hummel Avenue, Lemoyne, PA 17043. C. Sherri A. Showers, Plaintiff above, Date of Birth: December 29, 1966 ; Social Security Number: 182-46-2109, hereinafter referred to as "Alternate Payee" was the spouse of the Participant, but was so identified on the Plan, and has claims for, inter . alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S., Section 3101, et seq. D. The current and last known mailing address of the Alternate Payee is 1229 Bridge Street, New Cumberland, PA 17070. E. This Order applies to the following plan: PITT-OHIO EXPRESS, LLC PROFIT SHARING PLAN or any successor plan. F. A portion of the Participant's account in the Plan is marital property subject to equitable distribution by the Court. G. On April 3, 2007 the above parties were divorced; said divorce entered of record as above docketed, Incorporated, but not merged, to said Divorce Decree was a Marital Settlement Agreement, which, inter alia, specifically at Paragraph 7 D states the parties' agreement to the terms and conditions herein after described. SECTION 3 - AMOUNT of BENEFIT TO BE PAID to ALTERNATE PAYEE A. This order hereby assigns to Alternate Payee, Sherri A. Showers, a lump sum in the amount of $28,238.19 of the Plan Participant's accrued balance in the Plan as of July 30, 2004, the date of the parties' separation plus or minus gains and losses on the lump sum from July 30, 2004 to the date that that amount is segregated or distributed for the benefit of the Alternate Payee. The Participant shall retain the remainder of the accrued balance. B. The amount paid to the Alternate Payee for her benefit pursuant to 3A shall be a pro rata share of each and every investment or fund in the Participant's accrued balance of the Plan, in the same proportions as the amounts which remain in the Participant's name including a pro rata share of all pre-income tax and post-income tax contributions. C. The Alternate Payee, Sherri A. Showers, shall have the same rights with regard to the amount as would have been available to the Participant, Michael W. Showers, with regard to the account as would have been available to Participant, Michael W. Showers, with regard to the account if he had remained owner thereof. These rights include, but are not limited to, the right to designate a beneficiary of the retirement benefits, the right to elect from the existing retirement dates and payment options, and the right to increases in value in the account as might occur as a result of general upgrading of the plan, plan amendments, earned interest, profitability of plan investments, etc,. but not from increases in value which result from future increases in the Participant's compensation or his future contributions to the Plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan and is not entitled to any benefit specifically prohibited by the Retirement Equity Act of 1984. The Alternate Payee shall have the same rights, if any, as other participants in the Plan to direct investment of the amounts held for her benefit under the Plan if the Plan permits participants to select investments with respect to amounts held in their accounts under the Plan. SECTION 4 - FORM and COMMENCEMENT of PAYMENT A. The Alternate Payee may elect to receive payment from the Plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant other than in a form or qualified joint and survivor annuity with respect to the Alternate Payee and her subsequent spouse, if any; but only if the form elected complies with the minimum distribution requirements of Section 401(a)(9) of the Code. B. The Alternate Payee shall have the right to a direct distribution of some amount at her election. To the extent that Alternate Payee's pro rata share includes post tax contribution, these contributions should be used first to fund this direct distribution. Alternate Payee understands that a 201/1o federal income tax withholding will be deducted by the Plan Administrator to the pre-tax portion of this distribution. The Alternate Payee shall have the right to roll over the balance of the funds distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. This transfer will be a trustee to trustee payment pursuant to instructions to be provided by Alternate Payee, not subject to withholding. SECTION 5 - DEATH of PARTICIPANT Participant's death shall have no effect on payment of Alternate Payee's benefit under the Participant's Profit-Sharing Saving's Plan. SECTION 6 - DEATH of ALTERNATE PAYEE In the event that the Alternate Payee dies before the Alternate Payee's benefit is paid, the Alternate Payee's distribution share shall be paid to a beneficiary (ies) designated by the Alternate Payee on forms provided to her by the Plan; but if no such designation of beneficiary has been made, then this amount shall be paid to the Alternate Payee's estate. SECTION 7 - USE OF PLAN ASSETS by PARTIES Neither party shall encumber, transfer, pledge or in any other way dispose of any portion of this pension plan until such time as the Plan Administrator has qualified this Order after which each party shall be entitled to make such actions as he or she deems appropriate with regard to his or her share, free of any claim by the other. SECTION 8. - AMENDMENTS by PARTIES The parties agree that they will cooperate in making promptly any amendments required to obtain approval by the Plan Administrator and they waive any rights they may have to limit the time for making such amendments including, but not limited to the thirty (30) day appeal period. SECTION 9 - COMPLIANCE with APPLICABLE LAWS The parties to this Order intend that it will comply with the applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan Administrator to: a. provide any type or form benefit or any option not otherwise provided under the Plan; b. provide increased benefits (determined on the basis of actuarial value); c. pay any benefits to any Alternate Payee that are otherwise required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. SECTION 10 - CONSTRUCTIVE RECEIPT A. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of the this Order, the Participant shall immediately reimburse the Alternate Payee, to the extent that he (the Participant) has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. B. In the event that the Plan Trustee inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Plan, to the extent that she (the Alternate Payee) has received overpayment within ten (10) days of receipt of such notice of overpayment SECTION 11- NOTIFICATION to PLAN ADMINISTRATR The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth in this Order. SECTION 12 - PROMPT SUBMISSION to PLAN ADMINISTRATOR The parties shall promptly submit this Order to the Pitt-Ohio Express, LLC Plan administrator for determination of its status as a Qualified Domestic Relations Order. No submittal for judicial approval of this Order shall occur without said determination by the Plan Administrator. SECTION 13 - RESERVATION of JURISDICTION This Court shall maintain jurisdiction of the parties and the subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. Q.? Dated this day of 7V1M? Z.©ol APPROVED as to FORM and CONTENT for John W. Slers, pro se BY THE COURT: Dated ,J. SHERRI A. SHOWERS, IN THE COURT of COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2006 - 92 MICHAEL W. SHOWERS, CIVIL ACTION - DIVORCE Defendant To: the Honorable, Edgar B. Bayley, President Judge of Said Court: Motion to Approve Qualified Domestic Relations Order ` of July, 2007, comes above Plaintiff SHERI A. AND NOW this day SHOWERS, by and through her attorney, John M, Glace, Esquire and moves this Honorable Court to approve the attached Qualified Domestic Relations Order previously reviewed and approved by both parties and Defendant's employer/ plan provider, and in support thereof; presents the following: 1. On April 3, 2007, Your Honor issued a Decree in Divorce relative to the above Divorce Action. Said Decree incorporated ( but did not merge) a Marriage Settlement Agreement A true and correct copy of the at Decree and incorporated Agreement is attached hereto as Exhibit "A" and made part hereof. 2. At Paragraph 7D of the Marriage Settlement Agreement, the parties agreed to share equally the Defendant's contribution to his employers retirement plan until July 30, 2004 subject to the execution of an approved Qualified Domestic Relations Order. 3. Attached hereto as Exhibit "B" and approved by Defendant per se and by Plaintiffs undersigned counsel is a Qualified Domestic Relations order, which has also been approved by retirement plan administrator of Plaintiff s employer. WHEREFORE Plaintiff SHERRI A. SHOWERS respectfully moves that the Qualified Domestic Relations Order be approved by this Honorable Court and forwarded to the Plan Provider for implementation. Respectfully submitted, The Law Offices of John M. Glace . G , Esquire 132- 34 ut Street 'sb PA 17101-1612 Te p ne (717)238-5515 Te (717)238-6929 Supreme Ct. ID: 23933 Counsel for Defendant Exhibit "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Sherri A. Showers, II Plaintiff VERSUS Michael W. Showers, Defendant No. 2006 - 92 DECREE IN DIVORCE AND NOW, April 3 2007 , , IT IS ORDERED AND DECREED THAT Sherri A. Showers , PLAINTIFF, AND Michael W. Showers ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,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; Attached Marital Settlement Agreement is incorporated but not merged BY THE COURT: Edgar B. Bayley ATTEST: i PROTHONOTARY Copy Issued: Ap 14, 2007 ONOTARY MARITAL SETTLEMENT AGREEMENT e-day A THIS AG ,made this of 2f10'7, by and between Sherri Ann Showers, hereinafter referred to as "Wife", and Michael Wayne Showers, hereinaf ter referred to as "Husband". W1TN3 SSVM- WHEREAS, Husband and Wife were lawfully married on May 11, 1985 in r a o Dauphin County, Pennsylvania WHEREAS, two children were born of this marriage; and WHEREAS, certain differences have arisen between the parties as a rat of . which they separated on July 30, 2004 and now live separate and apart from oi -- ?" another, and are desirous, therefore, of entering into an Agreement which will-- < distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Penusylvanaa; and ViEnMEAS, the parties hereto, have been informed on their right to legal counsel and Wife retained John M. Glace, Fsquire and Husband had at one time retained counsel, but has discharged said counsel and elected to proceed pro w and all parties have come to the amt, which follows: 1. NOW, THERECORE, in oar isideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenan* promise and agree as follows: 1. Separations It shall be lawful for each party at all times hereafter to live separate and apart foram the other party at such place that he or she may from time to time choose or deem fit The f o g provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leadmg to their living apart. 2 T ,1 6 u, , Each party shall be free from. robe ference, authority and contact by the other, as fully as if he or she were single and unmarred, except as may be necessary to carry out the provisions of this Agre?eaent Neither party shall molest the other nor attempt to ecxieavoar to molest the otter, nor congxd the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existenim separate and apart from the other. 3. Wife's Debts. Wife represents and Warrants to Husband that since July 30, 2004 she has not contracted and in the futtn+e she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save Husband harms from any and all claims or demands made against him by reason of debts or obligations memn-ed by her. 4. HusbamYs Debts. Husband represents and warrants W Wife that since July 30, 2004 he has not contracted and in the futane he will not embact or incur any debt or liability for which Wife or her estate might be res. - Bible and shall indemnify and save Wife harmless from any and all clainc? or denuin ds made against her by reason of debts or obligations hxurred by him. 5. Outstarnding Johit Debts. The parties admowledge that they have incurred several out debts and obligations prior to their July 3% 2004 separation Since the date of separation these debts have been resolved to the full satisfaction of both pasties; but for the joint first and second mmVW of the marital residence at 602 Hummel Avenue, Lenwyne, Cumberland County, Pennsylvania. Aftu separation Husband refinanced bolt of these images and ply is she maatgiagoar of that said marital residence. As provided hereinafter in the A? Wife will agree to transfer her ownership irmwest in tins marital mice to Husband. Husband agrees to be frilly and solely xesp mssible for the new mortgage(s) for the nn wdd residence which have been incurred since the July 30, 2004 separation and all debts that have wholly or in part been mllateraiized by the marital residence. 2. sx?t?T? 301 to gimd ;;too& to WAY Oat 6. ?ax?liti?s spa cbw ;, be is "i of 2? e'°?` tla?"s lalss A°?" ear ?'? sbaU tot ece urAe laoireo lVag ,yled8ee t ?` o tb d ? o?? gteOkVtf` mea wete .1-c eo ? p tk? dWda s !OoattD .•,fe. Vwpgo_y_tD die husband Tesv&t ; ,s of - vit s to fot sua ? to wt a ''0e a? talato 60t ? ?,?ooa ,, JelO 7. Bq' `b # ital , TK°p° fa °f 030 ibe 401 0"W prof es age# 90d bM loyat?? ?batof ??y set eow to tbe off eW.U ,p®?t `'t pe'w' of v *Ow -W* ibe 4? . Palowf des oaf odvet iowwo*ll 3e as a ee v?? °t ?,,,,?,?vate'' dopt", ow ? '°f ? ?? to aeq"?' 4"c - fro" of eat'' t?1?'°ct ;gybed t ? np ?,' is crt' ,?i cois ?°c'o'ta , of ?W`° of egps,be 'dweq a is co?*sU't"?? ` o? 4 wl The paw` on Moo all Yt e ? 4 ot? oaf t boy o r de>uwo eWoo . bOOof foOm weu aSbtls" tote, ineo 3. ?n' , as below in this subparagraph The parties mutually agree that each party shall from and after the dame hereof be the sole and separate owner of all such tangible personal property presently in his or her possession, and the Agreement shall have the effect of an assignneent or bill of sale from each party to the other for such property as may be in the iividual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfactioan, all items of tangible and intangible marital property; but for the items delineated herein below in this subparagraph Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request; any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of the Agreement and, in the case of intangible persona[ property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and property which is in their possession or control, pursuant to the Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property whether real or personal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. B Distribution of Real Estate. Husband and Wife jointly own the marital residence at 602 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. Wife agrees to transfer, convey, and quitclaim her ownership interest m this realty to Husband no later than thirty (30) days after entry of the Divorce Decree. Husband acknowledges that he after the July 30,20M separation has incurred collateralized debts on this real estate and will indemnify and save harmless Wife for any detriment she may have incurred or may incur after that date. C. Distri'bation of Liquid Assets. The parties have agreed that prior to execution of this Marital Settlement Agreement they have divided to their mutual satisfaction and agreement all other liquid assets, including, but not limited to, all checking, savings, business credits and due invoices, and invent accosts. Both parties by their here below signatures acknowledge that they have made full disclosure of all liquid assets accumulated 4. throughout the course of the marriage, either individually or as a joint asset. D. Retirement Inshvments Husband and Wde acknowleadge and agree that at the date of separation on July 30, 2004 , Husband owned by his corntiributionns and employer's contribution a profit sharing amount with Alliance Benefit Croup valued at $56A76.39 Husband agrees to convey and fully cooperate in entry of a Qualified Doanestlc Relations Order and that Wife wi71 be conveyed for her xetiremennt irrvestr nnennt o ne4ndf (1/2) of that amount; said amount being x,238.19. Wife may elect without objection to reuse that amount. All penalties and/oar other financial def invert for an early redennpti+on of this investment instrument sha U be the sole respannscble of the Wife. Lam, if Husband elects to redeem his refit instrfmnent early, all penalty and/oar other financial detriment shall be his sole responsibility. 8. Vehiicles. Notwithstanding Paragraph 7 of the Agreeeme1- 4 Husband wedges that Wife has full ownership and possession of the 1997 Chrysler 300M Sedan presently titled to her and in her possession. Wife acknowledges that all vehicles in the possession of Husband including, but not limited to a Feed Bxpla ter are not marital property and subject to Equitable Distribution and that she has no claim or interest in any such vehicle or any other vehicle in which he may have obtained an interest since the date of separation. 9. A inwny. Both panes acknowledge and agree that the provisions of the Agreement providing for equitable d1b hibution of ntiaribd property as fair, adequate and satisfactory to them, and are accepted by them in lieu of and in full and final settlement and sanction of any claims or demands that either may now or hereafter have against the other for suppm t, arainetenarnce or allnw ny. Husband and Wife further, voluntarily and elligently, waive and relinquish any right to seek from the other any payment for support or al1monny. Each party shall indemnify, defend and hold the other harmless against any future action for either support or alimony brought by or on behalf of the other, such indemnity to hwlude the actual counsel fees of the defendant in any such future action 10 Alimony Fie Lite, Counsel Fees and Expenses. Husband and Wife acknowledge and agree that the provisioans of the Agreement providing for the equitable distribution of marital property of the parties is fair, adequate and satisfactory to them Both parties stall accept the provisions set forth in this Agreement in lieu of 5. and in full and final sett and satisfaction of all dorms and demands that either may now or hereafter have agamst the other for alimony pende to lite, counsel fees or expenses, or any other provision for their support and.. irntenanoe before, during and after the of any prnaeedhW for divorce or annulment: between the parties. Each party shalt be respounsible for his or her own court frees, and each agrees to indemnify, defend and save the otter harmless from any action c?nmenwed against the other for alimony perndente libe;, counsel fees and/or expenses. 11. Divm+ee. A Complain in Divorce has been filed to, No 2006 - 92 in the Court of Common Pleas of Cumberland County, Penr"Ivania. Simuhaneoudy to the execution of this AgreeunertL both parties will sign an affidavit evidencing their consent to the divorce, pursvard to Section M(c) of the Divorce code and the Waiver of Notice to file of record that Affidavit and request hwanee of a Decree in Divorce. In the evert, for whatever reason, either party fads or r to execute sash affidavit: upon the other party's tiny request that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought tD compel him or her to execute a consent form and that absent some breach of the Agreement by the proceeding party, there shall be no defense to such action asserted. 12. Time of Dtatrn'bugum The assets and lntet!e$ts to be transferred under and pursuant to the Agreement shall be conveyed and transferred to the rive parties immediafiety upon the execution of this Agreement unless otherwise mod. All spousal support and other such obligations, including atimorty, shall immediately terminate. The parties shall cooperate by executing whatever documents are necessary to effectuate a divorce under Section 3MI(c) or 3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific perforataauoe. However, upon refusal to consent, all distnrbubed property shalfi be returned to the party originally in possession, until the time of final decree. 13. Release. Subject to the provisions of the Agreemuen#, each party has released and discharged, and by the Agreement does for himself or be rself, and his or her heirs, legal repzesenutatives, executors, adntinistrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of actions, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, coin fees, alimmy pendente lite, and 6. expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of the Agreement Each party also waives his or her right to request marital counseling, pursuant to Section 202 of the Divorce Code. 14. Waivers of Claiun?s 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 m the property or the estate of the other as a result of the marital relationship, including without limitations, dower, curtsey, 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 any right existing now or in the future under the Pennsylvania Divorce Code as amended from time to time, 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. 15. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 16. Breach. In the event of breach of any of the terms of this AgreemeM the nonbreadung party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 17. IncoarporaI-P in End Divorm The terms of this Agreement shall be incorporated, but shall not merge, in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal supports alimony, property and other mterests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primiary obligations of each party. This Amt shall remain in hill form and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the speck purpose of inducing the parties to execute the Agreement. 7. 18. Additioaaal Instarunnrei I Ewh of the parties shall from time to time, at the request of the other, execute, adhaowledge and deliver tD the other party, any and all further ins- that may be reasonably rimed tD give fall farce and effect to the provisions of the Agreement 19. Separability. In case any provision of this Art should be held to be contrary to, or invalid under, the law of any country, state or other jurisdictions, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, neverthaasless, in full force and effect, and each paragraph herein shall be deemed to be a separate and mrndispataad covenant: and 20. Byre Agate This Agreement contains the entire understanding of the parties and there are no irep tia 1, warm, covenants and undertakings other than these expresely set forth herein. Husband and Wife acknowledge and agree that the provisions of the Agreement with respect to the distributions and division of marital and separate property are fair, amble and satisfactory tai thern, based on the length of their marriage and other relevant factors which have been taken into considerati+orrr by the parties. Both parties hereby accept the provisions of the Agreement with respect to the division of property in lien of and in full and final settlement and saw of all dauons and demands that they may now have or hereafter have against the other for equitable des own of their property by any court of competent jtrrisdlction pursuant to Section 401(d) of the Divorce code or any other laws. Husband and Wife earn voiuntanly and - - I - 11y waive and relinquish any right to seek a court ordered date rimbotiorn and d* . I R tion of marital property, but nothing lnemin contatmed shall cogitate a waver by either party of any rgdit to seek the relief of any court for the purpose of enforcing the provisions of ft Agreement 21. Modifica.. , I and Waiver. A nodificatiorr or waiver of any of the provisions of the Ag?reeindent shall be eve only if made in writing and executed with the same formality as this Agreement: The failm?e of either party to insiat upon strict performance of the provisions of the Agreement shall not be consWued as a waiver of any subsequent de(anlt of the same or similar nature. 22. Inter It is the intent of the parties by this Agreen*nt to fully and finally foreclose any resort to the courts for relief on the basis of any statute or case law presently existing or which may exist at some time a in the future within the 8. dS asw nOt?? to ? cote t ?? c s?wod`t for Perowyw Pefulsfvwl?! bad tt+at W Wit' C01100004 o alla 8o `b` tmTO ?` ? WtD atx?e 1 4" y obey` ef& iTO4 dLby'J fiver law's of the t??.?,der ? . *Ot ?d?eep?g atbOY bad ?x?g°°.?? ? twm* ? a; fe ab? Abe • flaw ss Inj- Carla , wl e? t? l efi ect &a dtia?t AV lv reiabox?ss;u d1 of p Clilave VeO??* ? ?` ?o PW'ty fit, COrfa s1 8°`v 'The s?P?ve CWWO = *ered v ? B3 thatit's sand that it is l ?yolk . W be p iS(W ?,?,d ?,xties save een as oft age that vadg*lb v vrledd1e?t 1,194V 0 '0 Y o of ack' . y, with fug, ?w?- ie tmg ?° ??- for sale by riv are flits or dvxess or uAdue 00 of Y .??, al1 of t?? ? die d? fi ned by esCU The dew te?ver V% been 3 '`eve ilead a no eft w sbAU sly 7.4. TheY l' be biloing tors, ?ve ce; ?•, - ?•t s aham, eyce?c17? resrect oblins °`n`e t? co- t god Lebest eve VI ,Ce jad a84W ?.fo r W r?? ut to. io to tQt, a vo3t AS Owra bOLU cc a? on.140tw ?? P sudog be jime gec+?cOt??? betvreent , g'a.--b 2b• ? be ?f a is Illis W of? fv11 fO`e WOOS VmO* dW n", and yO`?' Of The be enter j Divorce. 1van?' e '27. 'Capos a? vn a'ye any " „ndeic a?P t sly o£ .ASFO Divorce 'Ode 9. bo,ye ,.WledW *tat boy the eTOVe a;;eeO0%%t IIO 00,9 VAT copy "T tso ?c? ci r set a?'e w ;;avecl a 9 ?,?s ra°e? YT's fib sec F,?V` vn dA r vA? ten (10)' are sue' ? r ?of UV"W-4iv: set -Y iwow ??WWI COMW 150 1.escwNr1°G? 1°- Exhibit "B" SHERRI A. SHOWERS, Plaintiff V. MICHAEL W. SHOWERS, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 92 CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER PITS4Hl0 STREW LLCPROPIT SHARING PLAN This Order is intended to be a Qualified Domestic Relations Order (QDRO) as that term is defined in Section 206(d) of the Employee Rat Income Security Act of 1974 (EWSA) and Section 414(p) of the Internal Revenue Code of 1986 (Code). This QDRO is granted in accordance with the Divorce code of pennsylvania, as amended. which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1- IDENTIFICATION of PLAN This Order shall apply to PITT OH10 EXPRESS, LLC PROFIT SHARING PLAN, by and through its third party administrator ALLIANCE BENEFIT GROUP or any successor. SECTION 2 - IDENTIFICATION of PARTICIPANT and ALTERNATIVE PAYEE A. Michael W. Sbowers, Defendant above, Date of Birth: November 3,1965; Social Security Number. 194-56-7747, hereinafter referred to as `Participant" is a participant in the Pitt Ems Employee Profit Sharing Plan (htreinaf a "the Plan"). B. The current and last known mailing address of Participant is 602 Hummel Avenue, Lemoyne, PA 17043. C. Sherri A. SboweM Plaintiff above, Date of Birth: December 29,1966; Social Security Number. 182-46-2109, hereinafter referred to as "Alternate Payee" was the spouse of the Participant, but was so identified on the Plan, and has claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S., Section 3101, et seq. D. The current and last known mailing address of the Alternate Payee is 1229 Bridge Sheet, New Cumberland, PA 17070. E. This order applies to the following plan: PITT-OHIO EXPRESS, LLC PROFIT SHARING PLAN or any successor plan. F. A portion of the Participant's account in the Plan is marital property subject to equitable distribution by the Court. G. On April 3, 2007 the above parties were divorced; said divorce entered of record as above docketed, incorporated, but not merged, to said Divorce Decree was a Marital Settlement Agreemeat, which, inter alia, specifically at Paragraph 7 D states the parties' agreement to the terms and conditions herein after described. SECTION 3 - AMOUNT of BENEFIT TO BE PAID to ALTERNATE PAYEE A. This order hereby assigns to Alternate Payee, Sherri A. Showers, a lump sum in the amount of S28,23&19 of the Plan Participmrt's accrued balance in the Plan as of July 30, 2004, the date of the parties' separation plus or minus gains and losses on the lump sum from July 30, 2004 to the date that that amount is segregated or distributed for the benefit of the Alternate Payee. The Participant shall retain the remainder of the accrued balance. B. The amount paid to the Alternate Payee for her benefit purnm t to 3A shall be a pro rata share of each and every investment or fund in the Participant's accrued balance of the Plan, in the same proportions as the amounts which remain in the Pa ticrpanes name including a pro rata share of all pre-income tax and post income tax contributions. C. The Alternate Payee, Sherri A. Showers, shall have the same rights with regard to the amount as would have been available to the Participant, Michael W. Showers, with regard to the account as would have been available to Participant, Michael W. Showers, with regard to the account if he had remained owner thereof. These rights include, but are not limited to, the right to designate a beneficiary of the rat benefits, the right to elect from the existing redrement dates and payment options, and the right to increases in value in the account as might occur as a result of general upgrading of the plan, plan amen, earned interest, profitability of plan meats, etc,. but not from increases in value which result from future increases in the Participanfs compensation or his future contributions to the Plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan and is not entitled to any benefit specifically prohibited by the Retirement Equity Act of 1984. The Alternate Payee shall have the same rights, if any, as other participants m the Plan to direct investment of the amounts held for her benefit under the Plan if the Plan permits participants to select mvestnments with respect to amounts held in their accounts under the Plan. SECTION 4 - FORM and COMMENCEMENT of PAYMENT A. The Alternate Payee may elect to receive payment firnn the Plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant other than in a form or qualified joint and survivor annuity with respect to the Alternate Payee and her subsequent spouse, if any; but only if the form elected complies with the minimum distribution req is of Section 401(ax9) of the Code. B. The Alternate Payee shall have the right to a direct distribution of some amount at her election To the extent that Attenuate Payee's pro rata share includes post tax contribution, these contributions should be used first to fiord this direct distribution. Alternate Payee understands that a 20°!x6 federal income tax withholding will be deducted by the Plan Administrator to the pre-tax portion of this distribution The Alternate Payee shall have the right to roll over the balanm of the finds distdbuW to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Rat Annuity. This transfer will be a trustee to trustee payment pursuant to instructions to be provided by Alternate Payee, not subject to withholding. SECTION 5 - DEATH of PARTICIPANT Participant's death shall have no effect on payment of Alternate Payee's benefit under the Participant's Profit-Sharing Saving's Plan. SECTION b - DEATH of ALTERNATE PAYEE In the event that the Alternate Payee dies before the Alternate payee's benefit is paid, the Alternate Payee's distribution share shall be paid to a beneficiary (ies) designated by the Alternate Payee on forms provided to her by the Plan, but if no such designation of beneficiary has been made, than this amount shall be paid to the Alternate Payee's estate. SECTION 7 - USE OF PLAN ASSETS by PARTIES Neither party shall encumber, transfer, pledge or in any other way dispose of any portion of this pension plan until such time as the Plan Administrator has qualified this Order after which each party shall be entitled to make such actions as he or she deems appropriate with regard to his or her share, free of any claim by the other. SECTION & - AMENDMENTS by PARTIES The parties agree that they will cooperate in making promptly any amendments required to obtain approval by the Plan Administrator and they waive any rights they may have to limit the time for making such amp including, but not limited to the thirty (30) day appeal period. SECTION 9 - COMPLIANCE with APPLICABLE LAWS The parties to this Order intend that it will comply with the applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan Administrator to: a, provide any type or form benefit or any option not otherwise provided under the Plan; b. provide increased benefits (determined on the basis of actuarial value), c. pay any benefits to any Alternate Payee that are otherwise required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. SECTION 10 - CONSTRUCTIVE RECEIPT A. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of the this Order, the Participant shall immediately reimburse the Alternate Payee, to the extent that he (the Participant) has received such benefit payments and shall forthwith pay such amounts so received directly to the Alm Payee within ten (10) days of receipt. & In the event that the Plan Trustee inadvertently pays to the Alternate Payee any benefits that are assigned tD the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Plan, to the extent that she (the Alternate Payee) has received overpayment within teat (10) days of receipt of such notice of overpayment SECTION 11- NOTIFICATION to PLAN ADbUNISTRATR The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth in this Order. SECTION 12 - PROMPT SUBMISSION to PLAN ADMINISTRATOR The patties shall promptly submit this Order to the Pitt-Ohio Express, LLC Plan administrator for determination of its status as a Qualified Domestic Relations Order. No submittal for judicial approval of this Order shall occur without said determination by the Plan Administrator. SECTION 13 - RESERVATION of JURISDICTION This Court shall maintain jurisdiction of the parties and the subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. Dated this D day of IM Z APPROVED as tv FORM and CONTENT John for pro se Dated BY THE COURT: ,J. CERTIFICATE OF SERVICE I HEREBY CERTIFY that thisorday of July, 2007 I have served a true and correct copy of the foregoing Motion for Continuance, by first class mail, postage pre- paid, upon: Michael W. Showers 602 Hummel Avenue Lemoyne, PA 17043 Defendant pro se Glace, Esquire Ct. ID: 23933 122-134 Walnut Street Harrisburg, PA 171101-1612 (717) 238-5515 Counsel for Plaintiff _C77 P M -? S `' Tr 11 zom ? SHERRI A. SHOWERS, Plaintiff V. MICHAEL W. SHOWERS, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2006 - 92 CIVIL ACTION - DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER PITT-OHIO EXPRESS. LLC PROFIT SIL4RI7VG PLAN This Order is intended to be a Qualified Domestic Relations Order (QDRO) as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (ERISA) and Section 414(p) of the Internal Revenue Code of 1986 (Code). This QDRO is granted in accordance with the Divorce Code of Pennsylvania, as amended, which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1- IDENTIFICATION of PLAN This Order shall apply to PITT OHIO EXPRESS, LLC PROFIT SHARING PLAN, by and through its third party administrator ALLIANCE BENEFIT GROUP or any successor. SECTION 2 - IDENTIFICATION of PARTICIPANT and ALTERNATIVE PAYEE A. Michael W. Showers, Defendant above, Date of Birth: November 3,1965; Social Security Number: 194-56-7747, hereinafter referred to as "Participant" is a participant in the Pitt Express Employee Profit Sharing Plan (hereinafter "the Plan"). B. The current and last known mailing address of Participant is 602 Hummel Avenue, Lemoyne, PA 17043. C. Sherri A. Showers, Plaintiff above, Date of Birth: December 29, 1966 ; Social Security Number: 182-46-2109, hereinafter referred to as "Alternate Payee" was the spouse of the Participant, but was so identified on the Plan, and has claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S., Section 3101, et seq. D. The current and last known mailing address of the Alternate Payee is 1229 Bridge Street, New Cumberland, PA 17070. E. This Order applies to the following plan: PITT-OHIO EXPRESS, LLC PROFIT SHARING PLAN or any successor plan. F. A portion of the Participant's account in the Plan is marital property subject to equitable distribution by the Court. G. On April 3, 2007 the above parties were divorced; said divorce entered of record as above docketed, Incorporated, but not merged, to said Divorce Decree was a Marital Settlement Agreement, which, inter alia, specifically at Paragraph 7 D states the parties' agreement to the terms and conditions herein after described. SECTION 3 - AMOUNT of BENEFIT TO BE PAID to ALTERNATE PAYEE A. This order hereby assigns to Alternate Payee, Sherri A. Showers, a lump sum in the amount of $28,238.19 of the Plan Participant's accrued balance in the Plan as of July 30, 2004, the date of the parties' separation plus or minus gains and losses on the lump sum from July 30, 2004 to the date that that amount is segregated or distributed for the benefit of the Alternate Payee. The Participant shall retain the remainder of the accrued balance. B. The amount paid to the Alternate Payee for her benefit pursuant to 3A shall be a pro rata share of each and every investment or fund in the Participant's accrued balance of the Plan, in the same proportions as the amounts which remain in the Participant's name including a pro rata share of all pre-income tax and post-income tax contributions. C. The Alternate Payee, Sherri A. Showers, shall have the same rights with regard to the amount as would have been available to the Participant, Michael W. Showers, with regard to the account as would have been available to Participant, Michael W. Showers, with regard to the account if he had remained owner thereof. These rights include, but are not limited to, the right to designate a beneficiary of the retirement benefits, the right to elect from the existing retirement dates and payment options, and the right to increases in value in the account as might occur as a result of general upgrading of the plan, plan amendments, earned interest, profitability of plan investments, etc,. but not from increases in value which result from future increases in the Participant's compensation or his future contributions to the Plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan and is not entitled to any benefit specifically prohibited by the Retirement Equity Act of 1984. The Alternate Payee shall have the same rights, if any, as other participants in the Plan to direct investment of the amounts held for her benefit under the Plan if the Plan permits participants to select investments with respect to amounts held in their accounts under the Plan. SECTION 4 - FORM and COMMENCEMENT of PAYMENT A. The Alternate Payee may elect to receive payment from the Plan of benefits assigned to the Alternate Payee under this Order in any form in which such benefits may be paid under the Plan to the Participant other than in a form or qualified joint and survivor annuity with respect to the Alternate Payee and her subsequent spouse, if any; but only if the form elected complies with the minimum distribution requirements of Section 401(a)(9) of the Code. B. The Alternate Payee shall have the right to a direct distribution of some amount at her election. To the extent that Alternate Payee's pro rata share includes post tax contribution, these contributions should be used first to fund this direct distribution. Alternate Payee understands that a 20% federal income tax withholding will be deducted by the Plan Administrator to the pre-tax portion of this distribution. The Alternate Payee shall have the right to roll over the balance of the funds distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. This transfer will be a trustee to trustee payment pursuant to instructions to be provided by Alternate Payee, not subject to withholding. SECTION 5 - DEATH of PARTICIPANT Participant's death shall have no effect on payment of Alternate Payee's benefit under the Participant's Profit-Sharing Saving's Plan. SECTION 6 - DEATH of ALTERNATE PAYEE In the event that the Alternate Payee dies before the Alternate Payee's benefit is paid, the Alternate Payee's distribution share shall be paid to a beneficiary (ies) designated by the Alternate Payee on forms provided to her by the Plan; but if no such designation of beneficiary has been made, then this amount shall be paid to the Alternate Payee's estate. SECTION 7 - USE OF PLAN ASSETS by PARTIES Neither party shall encumber, transfer, pledge or in any other way dispose of any portion of this pension plan until such time as the Plan Administrator has qualified this Order after which each party shall be entitled to make such actions as he or she deems appropriate with regard to his or her share, fine of any claim by the other. SECTION 8. - AMENDMENTS by PARTIES The parties agree that they will cooperate in making promptly any amendments required to obtain approval by the Plan Administrator and they waive any rights they may have to limit the time for making such amendments including, but not limited to the thirty (30) day appeal period. SECTION 9 - COMPLIANCE with APPLICABLE LAWS The parties to this Order intend that it will comply with the applicable provisions of ERISA and the Code. Nothing in this Order shall require the Plan Administrator to: a. provide any type or form benefit or any option not otherwise provided under the Plan; b. provide increased benefits (determined on the basis of actuarial value); c. pay any benefits to any Alternate Payee that are otherwise required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. SECTION 10 - CONSTRUCTIVE RECEIPT A. In the event that the Plan Trustee inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of the this Order, the Participant shall immediately reimburse the Alternate Payee, to the extent that he (the Participant) has received such benefit payments and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. B. In the event that the Plan Trustee inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Plan, to the extent that she (the Alternate Payee) has received overpayment within ten (10) days of receipt of such notice of overpayment SECTION 11- NOTIFICATION to PLAN ADMINISTRATR The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth in this Order. SECTION 12 - PROMPT SUBMISSION to PLAN ADMINISTRATOR The parties shall promptly submit this Order to the Pitt-Ohio Express, LLC Plan administrator for determination of its status as a Qualified Domestic Relations Order. No submittal for judicial approval of this Order shall occur without said determination by the Plan Administrator. SECTION 13 - RESERVATION of JURISDICTION This Court shall maintain jurisdiction of the parties and the subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code. Q? Dated this ? U day of Z00r-J APPROVED as to FORM and CONTENT John for Michael W. Sljovkrs, pro se .? AIL I . gAoq Dated Al?.A 6?. -4 ?L? 'w -7-11-61 BY Ne ,J. 7: .?' ?. O": %" r?; ?,... iR' .: °"- f-• -;: ?.- ?? r -? LSS "? ' _a ? ?- ? c, 7 ?. .? ,...???