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HomeMy WebLinkAbout06-0610 "If Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court ID# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff NO, :JCV(p- (AD c." VI I v. CIVIL ACTION - LAW. DANIEL L, STOUFFER, Defendant DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action, You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 Phone: 717-737-0100 Supreme Court ID# 32112 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K, STOUFFER, Plaintiff NO. v. CIVIL ACTION - LAW. DANIEL L. STOUFFER, Defendant DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidadas 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la York County Judicial Center, 45 North George Street, York, Pennsylvania 17401. SI USTED NO RECLAMA PENSION ALlMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORClO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. UST:::D DEBE LLEVAR ESTE PAPEL A UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff NO. Of, ~ L/o c.;J/.u-. V. CIVIL ACTION- LAW DANIEL L. STOUFFER, Defendant DIVORCE COMPLAINT Plaintiff, JENNIFER K. STOUFFER by her attorney, Diane G, Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: COUNT I DIVORCE 1. The Plaintiff is Jennifer K. Stouffer, an adult individual who currently resides 2 Cedar Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 since June 2002. 2. The Defendant is Daniel L. Stouffer, an adult individual residing at 2 Cedar Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 since June 2002. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 13, 1988 at Lemoyne, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. -3- 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: A. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301 (d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant, Respectfully submitted, / G. DCLlFF, ESQUI . dle Road Camp Hill, PA 1701 1 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court 10 # 32112 Attorney for Plaintiff -4- . VERIFICATION JENNIFER K. STOUFFER verifies that the statements made in this Complaint are true and correct. JENNIFER K. STOUFFER understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~)vldl"' (J(J(1lI11~,) JEffNlFE . K. STaUFF R . Date: / //7/Up I -5- ~ 0 *' ~ ........ ~ -.....l V0 ~\) '''' oJ;: -.c: ~ 'Z \>\. , ~ ~ "" ~ ~ ~ ('> -:-l~ ~ 0 r..:> 0 = C f:;::::J 11 ,"" <- ..... ( :',... fF,:D ;;C ""\3 w ~s.<. 1- '-:,f.,~) " ~~ ,!oc--;'l \ ~,) ?~) -~ ~'~irn ~- ; c;? ~~\ "J" :D '-. N .< ::s;:::.; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff NO, 2006-610 CIVIL TERM V. CIVIL ACTION- LAW DANIEL L. STOUFFER, Defendant DIVORCE ACCEPTANCE OF SERVICE I, Daniel L. Stouffer, the Defendant in the above captioned action, hereby accept service of the Complaint duly endorsed with a Notice to Plead, which endorsed Complaint was filed in the above captioned matter on January 31, 2006. (13~~ Daniel L. Stouffer / 2 Cedar Road Mechanicsburg, PA 17055 Date: -3/t/oC, t"',) -I; :::1 'i_', .. . . . b IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff NO. 2006-610 CIVIL TERM V. CIVIL ACTION- LAW DANIEL L. STOUFFER, Defendant DIVORCE MARITAL AGREEMENT BETWEEN DANIEL L. STOUFFER AND JENNIFER K. STOUFFER TABLE OF CONTENTS INTRODUCTION ................................................................ 01 SECTION I General Provisions ............................................................. 01 SECTION II Distribution of Property and Debts........................................... 06 SECTION III Counsel Fees, Support, Alimony, Custody, etc. ............................ 12 SECTION IV Closing Provisions and Execution ............................................ 14 NOTARy.......................................................................... 16 INTRODUCTION THIS AGREEMENT made this _ day of , 2006, by and between JENNIFER K. STOUFFER, ("Wife") of 2 Cedar Road, Mechanicsburg, PA 17055, and DANIEL L. STOUFFER, ("Husband") of 2 Cedar Road, Mechanicsburg, PA 17055. WITNESETH: WHEREAS, the parties hereto are husband and wife, having been married on June 13, 1988 in Cumberland County, Pennsylvania, and were separated on January 31, 2006 (Divorce Complaint Filing Date). WHEREAS, The parties are the parents of one (1) children: Nicole Stouffer, (the "Child"). WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Husband and Wife to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: SECTION I GENERAL PROVISIONS 1.01. INCORPORATION OF PREAMBLE. The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part hereof as if fully set forth in the body of the Agreement. 1.02. DIVORCE DECREE. The parties acknowledge that their marriage is irretrievably broken - 1 - and that they will secure a mutual consent no-fault Divorce Decree in the above captioned divorce action. Upon the execution of this Agreement, or as soon as possible under the terms of said Divorce Code if said documents can not be signed upon the execution of this Agreement, the parties shall execute and deliver to Wife's attorney their respective Affidavits of Consent and Waivers of Notice. Within five (5) business days of receipt of those signed Affidavits and Waivers, Wife's attorney will file all the remaining documents necessary to secure the entry of the Divorce Decree at Wife sole cost and expense. If either party has filed a counterclaim, counter-affidavit, or any claim for economic relief, he or she agrees that any such claims have been fully resolved by virtue of this Agreement, and he or she shall withdraw any such claims and, if necessary, shall take such further steps as may be necessary to allow for a prompt finalization of any divorce action between the parties. 1.03. EFFECT OF DIVORCE DECREE. INCORPORATION AND MERGER. The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them. This Agreement shall not, however, merge with the Divorce Decree, but rather, it shall continue to have independent contractual significance and each party shall maintain their contractual remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise provided by law or statute. This Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 1.04. DATES. The "date of execution", "execution date" or "date of this Agreement" shall be defined as the date of execution by the party last executing this Agreement. 1.05. VOLUNTARY EXECUTION AND FAIRNESS OF AGREEMENT. Each party acknowledges that this Agreement has been entered into of his or her own volition, with full knowledge of the facts and full disclosure of their separate and joint estates, and that each believes this Agreement to be reasonable under the circumstances. Further, Husband acknowledges that he has been advised of his right to be advised by an attorney of his own choosing prior to entering into this Agreement and that he voluntarily has decided not to retain such counsel, and further acknowledges that Husband accepts said Agreement and that said acceptance is not based on any advice or representation made by Wife's counsel, Diane G. Radcliff, Esquire, nor has any such advice and/or representation been given to Husband by said counsel. 1.06. FINANCIAL DISCLOSURE. The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that there has been a full and fair disclosure of - 2 - the parties' marital assets and debts and the parties' respective incomes, which has been provided to each party. 1.07. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS. Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 1.08. BANKRUPTCY. The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to Court determination the same as if this Agreement had never been executed by the parties. 1.09. MUTUAL RELEASES. Except as other wise expressly provided in this Agreement, Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from the following: A. Claims Against Property or Estate: Any and all right, title, interest and/ or claims in or against the other party, the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other party, the estate of such other party or the property of the other party or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other. B. Life Time Conveyances: The right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (i) the Commonwealth of - 3 - Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any other country; C. Marital Rhjhts: Any rights which either party may have or at any time hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, equitable distribution, costs or expenses, whether arising as a result of the marital relation or otherwise. D. Breach Exception: The foregoing shall not apply to all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. 1.10. WAIVER OR MODIFICATION. No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 1.11. MUTUAL COOPERATION. Each party shall, at any time, and from time to time hereafter, and within five (5) business days of request, take any and all steps and execute, acknowledge and deliver to the other party, any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 1.12. AGREEMENT BINDING ON HEIRS. This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 1.13. INTEGRATION. This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 1.14. BREACH. If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party shall have the following rights and remedies: - 4- A. Divorce Code Remedies: The right to all remedies set forth in Section 3502( e) of the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and remedies that may hereafter be enacted by virtue of the amendment of said statute or replacement thereof by any other similar laws. B. Damages: The right to damages arising out of breach of the terms of this Agreement, which damages shall include reimbursement of all reasonable attorney's fees and costs incurred as the result of the breach and in bringing the damage action. C. Other Remedies: Any other remedies provided for in law or in equity. D. Considerations for Reasonable Attorneys Fees: Any award of "reasonable attorneys fees" as used in this paragraph shall be based on consideration of (1) the hourly rate charged; (2) the services rendered; and (3) the necessity of the services rendered. Determination of reasonableness shall not take into consideration the amount or nature of the obligation sought to be enforced or any possibility of settlement for less than the obligation sought to be enforced by the non-breaching party. E. Breach Notice: In the event of an alleged breach of any term of this Agreement, the aggrieved party shall provide written notice to the breaching party and his or her counsel of his or her intent to take action to enforce his or her rights under the Agreement and to remedy such breach. The breaching party shall have a period of fifteen (15) days from the mailing of such notice to cure the alleged breach prior to the institution of any proceedings of any nature for enforcement of this Agreement. 1.15. INCOME TAX MATTERS. With respect to income tax matters regarding the parties the following shall apply: A. Prior Returns: The parties have heretofore filed joint federal and state returns. Both parties agree that in the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them arising out of such joint filing, each will be responsible for payment of half of such tax and any interest, penalty or other expense arising therefrom and shall indemnify and hold harmless the other from and against any loss or liability as a result thereof. B. Current Returns: The parties shall file individual tax returns for the current 2006 - 5 - tax year and for every tax year hereafter. C. Preservation of Records: Each party will keep and preserve for a period of three (3) years from the date of their divorce all financial records relating to the marital estate, and each party will allow the other party access to those records as may be reasonably necessary from time to time. 1.16. EFFECT OF RECONCILIATION. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall be no modification or waiver of any of the terms hereof unless the parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. SECTION II DISTRIBUTION OF PROPERTY 2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY. The parties agree that the division of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. 2.02. DISTRIBUTION OF PROPERTY AND DEBTS. The parties' marital assets and debts shall be divided and distributed as follows: A. Personal Property: The parties' tangible personal property including, but without limitation with specific reference to, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, tools, pictures, books, works of art and other personal property ("the Personal Property") shall be divided and distributed as follows: 1. To Wife: The parties have previously agreed to a partial division of the Personal Property and part of that agreement included agreed upon items to be distributed to Wife. That agreement is incorporated by reference - 6 - hereto. The parties shall hereafter mutually agree to the final items of Personal Property to be distributed to Wife. Absent such mutual agreement, all remaining items not distributed pursuant to the parties' prior agreement shall be sold and the proceeds divided equally between the parties. 2. To Husband: The parties have previously agreed to a partial division of the Personal Property and part of that agreement included agreed upon items to be distributed to Husband. That agreement is incorporated by reference hereto. The parties shall hereafter mutually agree to the final items of Personal Property to be distributed to Husband. Absent such mutual agreement, all remaining items not distributed pursuant to the parties' prior agreement shall be sold and the proceeds divided equally between the parties. B. Vehicle(s)and Vehicle Loan(s): The parties' vehicles, boats, snowmobiles, motorcycles, trailers, campers and the like owned by one or both of the parties, or the trade in value thereof if the Vehicles have been sold or traded in prior to the date of this Agreement ("Vehicles"), and loans associated therewith, shall be divided and distributed as follows: 1. To Wife: The jointly owned 2001 Ford Explorer. The title to Wife's Vehicle is unencumbered. 2. To Husband: The jointly owned 1999 Ford F-250 Pick-up Truck; Husband's 1989 Ford Mustang GT; the jointly owned 1996 Sunline Camper; the 1992 Kayot boat; and the SeaDoo jet ski owned jointly with James Stouffer. The titles to Husband's Vehicles are unencumbered. 3. To Daughter: The 1999 Ford Escort shall remain titled as is, but shall be retained for the parties' daughter's use, unless the parties agree otherwise. C. Accounts: The parties' bank accounts, certificates of deposit, and other monetary deposits, ("the Accounts") shall be divided and distributed as follows: 1. To Wife: HaLf of the balance remaining in Wife's Fulton Bank savings account the joint PSECU account (and all PSECU sub-accounts) as of the date Husband vacates the marital home. 2. To Husband: Half of the baLance remaining in Husband's Member's 1st - 7 - account and the joint PSECU account (and all PSECU sub-accounts) as of the date Husband vacates the marital home. D. Investments: The parties shares of stock, brokerage accounts and other investments (the "Investments") shall be divided and distributed as follows: 1. To Wife: None. 2. To Husband: None. E. Life Insurance: The parties' life insurance policy and the cash value thereof shall be divided and distributed as follows: 1. To Wife: Wife's Mutual Life Company life insurance policy and the cash value thereof. 2. To Husband: Husband's Mutual Life Insurance Company life insurance policy and the cash value thereof. F. Retirement Plans: The parties' Pension Plan, Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax Deferred Savings Plan, any employee benefit plan and/or any other retirement type plans (the "Retirement Plans") shall be divided and distributed as follows: 1. To Wife: Wife's Fidelity 401 K Plan less the sum of $15,000.00 to be transferred to Husband as hereinafter provided. 2. To Husband: Husband's 401 K plan and the sum of $15,000.00 from Wife's Fidelity 401 K Plan. The distribution to be made to Husband from Wife's Fidelity 401 K Plan shall be made to him pursuant to a Qualified Domestic Relations Order ("QDRO") to be prepared by Wife's attorney. To the extent permitted under the Plan, Husband's payment shall be rolled over into an IRA account to be established by him. The distribution of the said amount shall be made as soon as possible after approval of the order by the Court and the Plan Administrator. The remaining value of Wife's Fidelity 401 K Plan shall be Wife's sole and separate property. G. Real Estate: The jointly owned real estate known and numbered as 2 Cedar Road, Mechanicsburg, PA 17055, ("the Real Estate"), encumbered with a mortgage owed to Chase Mortgage Company, ("the Mortgage"), shall be divided and distributed in - 8 - accordance with the following: 1. Conveyance: Wife shall prepare and Husband shall execute and deliver all documents in the usual form conveying, transferring and granting to Wife all of Husband's right, title and interest in and to the Real Estate. The deed of conveyance therefor shall be executed by Husband upon Husband's signing of this Agreement and held in escrow by Wife's attorney pending the refinance/assumption of the Mortgage or sale and payment of the sum of $42,750.00 set forth below, at which time the deed shall be delivered to Wife to record. 2. Liens. Encumbrances and Expenses: The said conveyance shall be subject to all liens and encumbrances covenants and restrictions of record including, but not limited to, the lien of the Mortgage, real estate taxes and any other municipal liens. Except as hereinafter provided Wife shall hereinafter be solely responsible for the payment of the Mortgage, real estate taxes, other municipal liens and any and all other expenses associated with the Real Estate, whether incurred in the past, present or future, and shall indemnify, protect and save Husband harmless therefrom. The foregoing notwithstanding, until the date Husband vacates the Real Estate, the parties shall share all normal household expenses in the same manner and to the same extent they have been sharing those expenses prior to the date of this Agreement. 3. Refinance: Wife shall apply for refinancing/assumption of the Mortgage within fifteen (15) business days of the date of this Agreement and shall complete that refinance/assumption within sixty (60) days of the date of this Agreement so as to release Husband from further liability thereunder. The costs of refinancing/assumption shall be paid by Wife. If Wife does not obtain that refinancing/assumption, then Wife will apply every two (2) years thereafter until either Wife secures a refinancing/assumption of the Mortgage or until June 1, 2010, whichever shall first occur. 4. Sale: In the event Wife has not obtained the refinancing/assumption Wife within the time period provided above, the parties shall list the real estate for sale with a qualified real estate broker and shall market and sell the Real Estate, the parties further agreeing to follow all reasonable advice as to listing and sales offered by their broker. Upon said sale the proceeds will be divided and distributed $42,750.00 to Husband in satisfaction of Wife's obligation as set forth in subparagraph 2.02 H. below, and the remaining - 9 - balance to Wife. 5. Vacatim~: Husband shall vacate the Real Estate no later than the date the divorce decree is entered between the parties, or the date he receives his payment of $42,750.00 as required in subparagraph H. below, whichever shall last occur. H. Monetary Payment: Wife shall pay Husband the amount of $42,750.00 upon the date of disbursement of Wife's refinance/assumption, but in no event any later than the date of the sale of the Real Estate as set forth in subparagraph G. above. Upon said payment and the refinance/assumption of the Mortgage set forth in above, Wife's attorney shall release the deed of conveyance for the Real Estate to Wife as required above. I. Debts: The parties' marital debts, loans, credit cards and other obligations, not otherwise divided and distributed herein, shall be divided and distributed as follows: 1. To Wife: Wife shall be solely liable for and shall timely pay any credit cards, loans, debts and liabilities incurred in Wife's individual name. 2. To Husband: Husband shall be solely liable for and shall timely pay any credit cards, loans, debts and liabilities incurred in Husband's individual name. 2.03. MISCELLANEOUS DISTRIBUTION PROVISIONS: The following miscellaneous provision shall apply to the distribution of the parties' marital assets and debts: A. Final Equitable Distribution of Property: The division and distribution of all property and debts set forth in this Agreement is equitable and in the event an action in divorce has been or is hereafter commenced, both parties waive and relinquish the right to divide and distribute their assets and debts in any manner not consistent with the terms set forth herein and further waive and relinquish the right to have the Court equitably divide and distribute their marital assets and debts. It is further the intent, understanding and agreement of the parties that this Agreement is a full, final, complete and equitable property division. B. As Is Condition: Except as otherwise specifically herein provided, and with respect to the transfer of any tangible assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the opportunity to inspect and view - 10 - the assets that he or she is to receive as his or her sole and separate property and he or she is fully aware of the condition of such tangible asset and is receiving those assets in "as is" physical condition, without warranty or representation by or from the other party. C. Title Transfer: If appropriate, for effectuating the transfers as herein provided, those titles shall be executed and delivered to the appropriate party on the date of this Agreement, unless another date is provided herein. D. Personalty Transfer: if either party is entitled to any items of personal property in the possession of the other party as of the date of this Agreement, the parties shall promptly make arrangements so as to permit that party to remove the items of property from the other party's possession no later than thirty (30) days from the date of this Agreement. E. Waiver. Each of the parties specifically waives, releases, renounces and forever abandons whatever right, title and interest they may have in any property that is to become the sole and separate property of the other party pursuant to the terms of this Agreement. F. Liens: In the event any asset is subject to a lien or encumbrance the party receiving the asset as his or her property shall take it subject to said lien and/or encumbrance and shall be solely responsible and liable therefor. G. Debt Balances and Prior Payments: Any debt herein described shall be deemed to include the current balance owed on the debt. Unless otherwise herein specifically provided, there shall be no adjustment in the distribution provisions for the payment of any portion of the marital debts prior to the execution of this Marital Agreement, whether or not that debt or the prior payment thereof is specifically referenced in this Paragraph, said payment having been taken into consideration in determining the distribution of marital assets and debts herein provided. H. Indemnification: Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect and hold the other party harmless from and against all any and all liability thereunder, including, but not limited to, any attorney's fees and costs incurred by the other party as the result of defending against the obligation and/or enforcing the provisions of this indemnification. I. Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party can make any further charges thereunder, and if said charges are made in violation - 11 - of this Agreement, then the party incurring said charge shall immediately repay the same. J. Non-Disclosed Liability: Any liability not disclosed in this Agreement shall be the sole responsibility of the party who has incurred or may hereafter incur it, and the party incurring or having incurred said debt shall pay it as it becomes due and payable. K. No Further Joint Debt: From the date of this Agreement, each party shall only use those credit accounts or incur such further obligations for which that party is individually and solely liable and the parties shall cooperate in closing any remaining accounts which provide for joint liability. K. No Additional Debt: Each party represents and warrants to the other party that since the separation he or she has not, and in the future he or she will not, contract or incur any debt or liability for which the other party or the other party or the other party's estate might be responsible. SECTION III COUNSEL FEES, SUPPORT AND ALIMONY, CUSTODY, CHILD SUPPORT, DEPENDENCY EXEMPTION, MEDICAL EXPENSES AND INSURANCE AND POST SECONDARY EDUCATIONAL EXPENSES 3.01. WAIVER OF COUNSEL FEES. The parties hereto agree and do hereby waive any right and/or claim each may have, both now and in the future, against the other for counsel fees, costs and expenses. 3.02. ALIMONY. APL. AND SUPPORT. The parties hereto agree and do hereby waive any right and/or claim they may have, both now and in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance. 3.03. CUSTODY. The parties shall share legal custody of the Child. The parties shall share physical custody of the Child, with the Child living primarily with Wife. 3.04. CHILD SUPPORT. Husband shall pay to Wife child support for the support of the child under the following terms and conditions: A. Amount: The child support shall be $425.00 per month. - 12 - B. Payment Terms and Commencement Date: The child support shall be payable in monthly installments of $425.00, payable for the month in advance, and commencing on the date Husband vacates the Real Estate. If the first payment is due on a date other than the first day of the month, it shall be prorated for the partial month. Thereafter the payments shall be made on the 1st day of the month. C. Termination and Adiustment: The child support shall terminate upon the Child reaching age 18 or graduation from high school, whichever shall last occur. D. Modification: The child support amount herein provided is based on the current financial circumstances of the parties and shall be subject to modification based on a substantial change in those circumstances. E. Payment Method: The child support shall be paid directly to Wife. 3.05. HEALTH INSURANCE. The following shall apply regarding health insurance: A. Health Insurance for Spouse: Any party carrying health insurance on the other party shall continue to provide health insurance coverage on the other party until the date of the entry of the Divorce Decree. The party for whom that health insurance is provided shall be entitled to elect Cobra coverage under the other party's employment policy in accordance with federal Rules and regulations provided that he or she shall be solely be responsible for the payment of the costs and premiums therefor. B. Health Insurance for the Child: Any party currently carrying health insurance on the Child shall continue to provide health insurance coverage on the Child until the Child reaches age 18 pt graduates from highschool, which ever shall last occur and that coverage is available to him or her through employment at a reasonable cost. C. Health Insurance Documentation: Any party having the insurance coverage on the other party or the child pursuant to the terms of this Paragraph shall be required to provide the other party with all documentation pertaining to the insurance including, but not limited to, medical insurance cards, benefit booklets, claim submission forms and all statements pertaining to the determination of insurance coverage as to each claim made thereunder. 3.06. MEDICAL AND DENTAL EXPENSES. The following shall apply to the medical, dental and optical expenses for the Child that are not covered by insurance: - 13 - '. A. Sharing of Expenses: The parties shall be equally liable for the medical, dental, optical and prescription expenses for the Child during her minority that are not covered by insurance and each shall pay 50% of any such expenses as they are incurred. B. Insurance Coverage: If such expense is covered in whole or in part by insurance then the amount of payment owed by each party shall be determined after the insurance payment is made. In the event payment is due before the application of the insurance coverage, then the 50% payment shall be made by each party when the expense is incurred and when the insurance payment is received it shall be divided between the parties equally. 3.07. DEPENDENCY EXEMPTIONITAX CREDIT. Wife shall be entitled to claim the dependency exemption for the Child on her applicable tax returns. To the extent permitted by the IRS rules and regulations, the federal tax credit for the Child shall be shared by' and between the parties as they shall mutually agree on an annual basis. 3.08. POST SECONDARY EDUCATIONAL EXPENSES. The parties shall be equally liable for the undergraduate college or other post secondary educational expenses for the Child, including tuition, room, board, books, fees, supplies, and other school expenses and each shall pay 50% of any such expenses as they are incurred. SECTION IV CLOSING PROVISIONS AND EXECUTION 4.01. COUNTERPARTS. This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but all of which shall constitute one and the same agreement. 4.02. FACSIMILE SIGNATURE. Each party agrees to accept and be bound by facsimile signatures hereto. 4.03. BINDING EFFECT. By signing this agreement, each party acknowledges having read and understood the entire agreement, and each party acknowledges that the provisions of this agreement shall be as binding upon the parties as if they were ordered by the Court after a full hearing. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have signed - 14- , . 4. sealed and acknowledged this Agreement the day and year below written, which Agreement has been executed in various counterparts, each of which shall constitute an original. WITNESS: (SEAL) Date: - 15 - " (") t--.3 ~ = ~:~ c;;:;, c.... t"~ - --I _,.;to" :Z::." ;"":ao -< m- .-- -om N :u6 {:J :-1 :J ):;:n :-r~ _L 90 0 oln " ~ .:~ en ~n co -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff V. NO. 2006-610 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DANIEL L. STOUFFER, Defendant PRAECIPE OF TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filinl! of Comolaint: January 31, 2006 b. Manner of Service of Comolaint: Acceptance of Service c. Date of Service of Comolaint: March 6, 2006 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: June 8, 2006 b, Defendant: June 9, 2006 OR DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301 (D) OF THE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: NI A b. Date of Filinl!: NIA c, Date of Service: NI A 4. RELATED CLAIMS PENDING: No issues are pending. All issues have been resolved pursuant to the parties' Marital Agreement dated May 8,2006, which Agreement is to be incorporated into but not merged with the Divorce Decree. 5, DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D)(1)(1) OF THE DIVORCE CODE: a. Date of Service: NI A b. Manner of Service: NI A OR DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a, Plaintiff's Waiver: June 13, 2006 b. Defendant's Waiver: June 13, 20 IFF, ESQUIRE 3448 Trindle R d a , 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 C) .-:> 0 = C. ,,-:.-=' -n o~ ., -4 -0 ~;'" Z:: :r:..." rn ..---.~ (11p -"- -c.Jt:Q --;" - f~~.~ -,1'-.-' 0"' (),/-, r;~ _.- ~:: ) C) .- C: ..;,-;,. ;.~~?t1 - ;>. C - -;/ ~~ ::2 s:- ~ - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff V. NO. 2006-610 CIVIL TERM CIVIL ACTION - LAW DANIEL L. STOUFFER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 31, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: & I f31 tXI I () ~E: .-" = = "'"' (,::::-, -" w o -n ...... :1:,., rnp -ni1, :'?~ C') .~) ,'- '<~:~CJ ;~ ~~~ ~ ~ -< -0 =: ":'? .r::- o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff NO. 2006-610 CIVIL TERM V. CIVIL ACTION - LAW DANIEL L. STOUFFER, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO ~UEST ENTRY OF A DIVORCE DECREE UN SECTION 3301(.Q OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: ltJ I B/~ ~cK~~ ' J NIFE K. STOUFIf R ' ("') s~ "-., \.,. ~i- r-.> = ,= =' <- C -" .... v.:> .." ~~ -'- ~ .-\ -:C-n rl1p -CI'~~ 0'.. "") 1- ~::::: Sf}, ..-, --n N ., ;;:"" o ',ll, .~ :x). -- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff NO. 2006-610 CIVIL TERM V. CIVIL ACTION - LAW DANIEL L. STOUFFER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January 31, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: {/9/o~ ~~ DANIEL L. S 0 FFE ." q ~:;;: n" ....., = ~ .0-' <- c:: ~- 'ii :rl-n rnp-;, -00::1 -':J"",;' <)C) .~~ ':;,:.j :-,i(~~ "-::..", ~> ":0 '< w " ::r; N +:" o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff NO. 2006-610 CIVIL TERM V. CIVIL ACTION - LAW DANIEL L. STOUFFER, Defendant IN DIVORCE 1, I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: ?/ '1/ of. L9~~ DANIEL L. STOU FE '.. 0 r-" 0 c:> r:~ c;::::'I -,;1 (;:;..... C- ..... c::: :r.1i _,'J'" rn ?=: -- -of.::0 - .~~ ',' 0) - I"~' .__d, 0 :2 ~i'~~: r;;' ~~X--i^! :;- -";E 0 :;.<C , ;+;;+.:f.:f. ;+: :+=;+:;+:;+:;1;;+::+:'1':+ . . , . . , . :+::ti:f.;+:;+:;+:;+:+;:+:+i:+: ;+: :+::ti'f.:f. ;+:;+: ;+:;+:;+: . . IN THE COURT OF COMMON PLEAS . . OFCUMBERLANDCOUNTY . PENNA. . . STATE OF . JENNIFER K. STOUFFER, . . No, 2006-610 CIVIL TERM Plaintiff . . VERSUS DANIEL L. STOUFFER, Defendant , . DECREE IN DIVORCE , , , AND NOW, 1~ , IT IS ORDERED AND .:zc ' 2006 , DECREED THAT JENNIFER K. STOUFFER , PLAINTIFF, . . DANIEL L. STOUFFER , DEFENDANT, . AND , ARE DIVORCED FROM THE BONDS OF MATRIMONY. . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; . , No issues are outstanding, All issues have been resolved and settled by the Parties' Marital Agreement dated May 8, 2006, filed of record and incorporated into, but not merged with, this Decree. , , . . . 'H By THE cou~;i . J. , Am'~~ . . , :+: Of.;+: 'to 'f. Of T;+: 'f '" +'" , , , . , PROTHONOTARY . . . .. ;+: 'I' ;+: ;+::+';+::+';+:;+:;+:;+:;+: 'f. . . . . . . . . . . . . . . . . . . . . . , . , , , . , , , . . . . . . . . . . . , , . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , h t f'!>~W ~ J/r1"d 5r:?- ~ 4#v -r"? . . , . . .'. >,' . . 1 ~ .- ~:/'\' '10\ 1))' Le'1 ')(l' L -e' '? ,....... ..... . ~ . I . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, Plaintiff NO. 2006-610 CIVIL TERM V. CIVIL ACTION- LAW DANIEL L. STOUFFER, Defendant DIVORCE STIPULATION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this day of , 2006, Plaintiff, Jennifer K. Stouffer, and Defendant, Daniel L. Stouffer, stipulate and agreethat the foregoing Domestic Relations Order shall be entered by the Court. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year above written. WITNESS: DATE: (SEAL) DANIEL L. STOUFFER, LTERNATE PAYEE DATE: ?/S/o~ - 6 - ~.:::, I rr.ro y-96 - era l S 1"'--':> z"g c) CJ-" -rl (J') .....-' ~r.:.-' f'..) G,) --.l --'."1 '-../ =~;! :XJ ., . ~ a ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIFER K. STOUFFER, SEP 1 5 20DS f Plaintiff NO. 2006-610 CIVIL TERM V. CIVIL ACTION- LAW DANIEL L. STOUFFER, Defendant DIVORCE DOMESTIC RELATIONS ORDER AND NOW, this /'1. day of ~ , 2C06, basEd on the findings set forth herein, IT IS HEREBY ORDERED, ADJUDGED AND DECREED as follows: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on June 13, 1988 and were divorced on June 20. 2006. 2. Participant Information: The name, last known address, Social Security Number and date of birth of the Plan "Participant" are: Name Jennifer K. Stouffer Address 2 Cedar Road, Mechanicsburg, PA 17055 Social Security Number 178-54-8653 Date of Birth 6/20/1959 3. Alternate Payee Information: The name, last known address, Social Security Number and date of birth of the "Alternate Payee" are: Name Daniel L. Stouffer Address 3525 March Drive, Camp Hill, PA 17011 Social Security Number 184-56-6090 Date of Birth 5/24/1961 1 ~-~ ... ~{...., ,>,. , ,'~~~,,- ., ~ '." /:~-~~ ,...,,~t""" .~ . VINV;\lASNN3d AlNn08 GnV1H38~nO 9., :21 Wd 61 d3S 900Z AtlVI0NOHiOtld :lHl :10 381.:HO{]311:J . . The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name. The name of the Plan to which this Order applies is the Relizon Company 401 (k) Savings Plan (hereinafter referred to as "Plan"). Any changes in Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. PUisuant to State Domestic Reiations Law. This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights. This Order relates to the provisions of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit. This Order assigns to the Alternate Payee an amount equal to $15,000.00 of the Participant's total account balance accumulated under the Plan as of May 8,2006 (or the closest valuation date thereto). The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from May 8, 2006 (or the closes valuation date thereto), until the date of total distribution to the Alternate Payee. The Alternate Payee's portion of the benefits described above shall be allocated on a pro rata basis from all of the accounts ami/or investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable account(s) established on behalf of the Alternate Payee. This account(s) will initially be established in the same fund mix percentages as the Participant's account. 9. Commencement Date and Form of Payment to Alternate Payee. If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a qualified domestic relations order by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Code, of later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available 2 " to participants under the terms of the Plan, except a joint or survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the plan. 10. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a qualified domestic relations order, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee. In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 12. Death of Participant. Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause. This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefit or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; c. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a qualified domestic relations order; or d. to make any payment or take any action which is inconsistent with any Federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information. All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 3 15. Continued Qualified Status of Order. It is the intention of the parties that this qualified domestic relations order continue to qualify as a qualified domestic relations order under section 414(p) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under this Order. For purposes of sections 402(a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate Federal income tax on such distribution. 17. Parties Responsible in Event of Error. In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pur~uant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts direction to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination. I the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction. The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as a necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Notice of Pending Retirement. In the event that the terms of the Plan require the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming eligible to receive a distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following such termination of employment or retirement. This notice shall be sent 4 : . via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in mailing address. 21. Fee. If a processing fee is charged by the Plan Administrator, that processing fee shall be charged one-half against the Alternate Payee's account and one-half against the Participant's account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee's account. If there are not sufficient funds in either party's account to pay the party's respective share of the fee, the difference shall be charged to the account of the other party. BYTHECOURT~/j Judge Distribution to: ~neY for Plaintiff: Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 ~~tiff: Jennifer K. Stouffer, 2 Cedar Road, Mechanicsburg, PA 17055 :/I'efendant: Daniel L. Stouffer, 3525 March Drive, Camp Hill, PA 17011 ,~ 0\9 ~ ,", ~ 5