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HomeMy WebLinkAbout06-1541DARLENE L. WOODALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO.2006- i? V I JAMES E. WOODALL, : CIVIL ACTION -LAW Defendant : IN DIVORCE NOTICE TO PLEAD You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 717-249-3166 DARLENE L. WOODALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2006- /S V/ (,t 11 ?4 l JAMES E. WOODALL, : CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT Plaintiff, Darlene L. Woodall, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: 1 Plaintiff, Darlene L. Woodall, is an adult individual residing at 705 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, James E. Woodall, is an adult individual residing at 705 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3 Plaintiff and Defendant were married in Carlisle, Cumberland County Pennsylvania on September 17,1994. 4 Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least 6 months prior to the commencement of this action 5 There have been no prior actions of divorce or for annulment between the parties. 6 The marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing her from the Defendant. BROUJOS & GILROY, P.C. By Hubert X. Gi oy, Esquire Attorney fo Plaintiff Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717-243-4574 VERIFICATION I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. Darlene L. Woodall f 7 `-`? O 1 n 1 ril- u, c c? DARLENE L. WOODALL, Plaintiff VS. JAMES E. WOODALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1541 : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was fled on March 17, 2006. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about March 27, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. §4904 relating to unsworn falsification to authorities. Date: ene L. Woodall, Plaintiff DARLENE L. WOODALL, Plaintiff VS. JAMES E. WOODALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1541 : CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on March 17, 2006. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about March 27, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a fmal decree of divorce without notice. 5. 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. 6. 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 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verity 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. §4904 relating to unsworn falsification to authorities. Date: ?-.3L -d es E. Woodall, Defendant ?, ?' .-? c.._ - ?:;? _ _,.' rp _. ` i _l n ... . DARLENE L. WOODALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2006-1541 CIVIL JAMES E. WOODALL, : CIVIL ACTION -LAW Defendant : IN DIVORCE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Divorce Complaint, along with the Notice to Plead, in the above referenced matter was served on Defendant James E. Woodall by Certified Mail #7004 1350 0003 7143 6716, Return Receipt Requested, on March 27, 2006. Copies of the Certified Mail form and the Return Receipt form evidencing service are attached hereto and marked as Exhibit A. December 19, 2006 Sworn to and subscribed before me this 19th day of December, 2006. cj- ", & t"- Notary r c Hube X. Gilroy, Esquire Attney for Plaintiff B ujos & Gilroy, P.C. North Hanover Street Carlisle, PA 17013 717 - 2434574 ,ountyy +ug. 5, 2008 CuMMONWEALfH OF PENNSYLVANIA Notarial Seal Shelly Books, Notary Public Carlisle Boro, Cumberland County My Commission E)ires Aug. 5, 2008 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY' STATE OF PENNA. DARLENE L. WOODALL Plaintiff N 0. 2006 - 1 541 VERSUS JAMES E. WOODALL Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT DARLENE L. WOODALL , PLAINTIFF, JAMES E. WOODALL AND 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, Property Settlement Agreement dated December 19, 2006 is incorporated into this Order. / ?j,. ? :. i and I also complete ¦ Comps e rns , 2, is desired. ®d DellverY item 4 N Restrict address on the reverse. ¦ Print at your w n e can retum the card to You. At that this card to the back of the maiipi Attach ece, ¦ or on the from If space Pewits. 1. Article Addressed to: Woodall Mr. James E- 705 N. Pitt Str e- Carlisle, PA A. Sy9na""° u . X in dre C. Date of 0,4" B. edby(?nt?Na" from item 1? q yes ` D. Is delivery addrdeliessve diffm"t [ j No ry address below: ` If YES, enter 3. ;;t;-dW Type wess Mail p i Return Receipt for Merle r 0 Iroureed Mail ? C.O.D. Yes 4. Restricted D*MY? 0003 7143 6716 2. AlUds "Wtw Certified 4#7004 1350 t? -Mtn 3 mw=* Don,esw Return Receipt PS Form 3811, February 2004 UNITED $TATE??.?'[CE?2,}: ? '. #, .t,. :i r • ostaga & USP :r;. ? {°.,?:?i#•=; FL.:?e;..tr:;, i-? Psi k. ""'"?«,,,, • Sender: Please print your name, address, and ZIP+4 In this box 0 Hubert X. Gilroy, E.%}uire Broujos & Gilroy, P-C:. 4 N. Hanover Street Carlisle, PA 17013 i11Mi' UltI 11h.1fi1Slits ..S11. I. M . Ili111i1111i1N U.S, postal S ervice .? a CERTIFIED r, . MAIL RECEIPT ifice Coverage Provided) OFFICIAL. U-5 G 3 r- Pos . m FF%o cerw?a , La b , sbra* n o ?tp"Fftim T . v 5 Hens a ?,,,r-rr? .p 3 ! 1. 2?' M r-9 Fees Total Posta98 r James E. Woodall - ---------- o e.N.. Y705 - -------------------- N. Pitt street --- -------- -- - - - - ---------------------------- _ ? ?iiy sale zra Carlisle, PA 17013 EXHIBIT ? ?°: `? £ ` y: ? ??; , c--? ---; --r -Y-?. _?, ? .,? _ v?: r ;' - ?? 1 .....? :.L'J PROPERTY SETTLEMENT AGREEMENT THIS IS AN Agreement made this F1 # i day of December, 2006, by and between JAMES E. WOODALL (hereinafter referred to as Husband), and DARLENE L. WOODALL (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on September 17,1994; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart; and WHEREAS, Wife has commenced a divorce action against Wife/Husband docketed at No. 2006-1541 in Cumberland County, Pennsylvania; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time to time, choose or deem fit. Each party shall be free from interference, authority or 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 or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2 The Husband possesses a 401K Plan at The Frog Switch & Manufacturing Company which had .a value as of June 30, 2006 in the amount of $12,877.56 as per the attached Exhibit A. Husband agrees to transfer $6,435.00 of said 401K Plan to Wife. Wife agrees to waive any further claims in said 401K Plan or in any other pension plan that Husband may have. Wife's attorney shall prepare the necessary documentation in the nature of a Qualified Domestic Relations Order to effectuate the transfer of $6,435.00 from said account to Wife's name. Husband agrees to facilitate the preparation of said documentation by obtaining information from his employer relative to the types of forms the employer normally requires. Both Husband and Wife agree to execute and sign all necessary documentation to accomplish this transfer. 3 Husband represents that besides the 401K Plan referred to in Paragraph 2 above, the only other pension or retirement plan he has is the Steelworkers Pension Trust which is outlined on the attached Exhibit B. 4 Each party hereby represents they have disclosed all of the marital assets to the other party in the negotiations for the consummation of this Agreement. 5 The parties agree to execute the Consent Affidavits in order to fmalize the divorce, the Wife agrees to proceed with finalizing the divorce case. 6 Both parties shall incur their own legal expenses with respect to this divorce litigation. 7 The parties agree that they will not contract or incur any debt or liability for which the other party might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against that party by reason of such debts or obligations incurred by the other party. 2 s 8 Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other sate, country, or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 9 Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy of claims in the nature of dower or courtesy, or widow's or widower's rights, family exemption or similar allowance or under the intestate laws; or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. 10 Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 3 11 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 or documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 12 A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 13 This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 14 It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 15 If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her and the party breaching this Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 16 This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 17 If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and, in all other respects, this Agreement shall be valid and continue in full force, effect and operation. 4 18 Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS DARLENE L. WOODALL Cv,1- AAA () 'L? A)t? J AYES E. WOODALL 5 The Frog, Switch $ Manufacturing Company 600 East High Street Carlisle, PA 17013 EXHIBIT A To manage your account, visit the website at www.my-benefit-info.com or call 1-800-930-4011K or 717.671-401K. The Frog, Switch & Manufacturing Company Production and Maintenance Employees 401(k) Savings Plan Statement of Account For: James E Woodall F952A00090 705 N Pitt St/Po Box 33 Carlisle, PA 17013 Your Account Summary Beginning Balance as of 0410112006 $12,749.61 Contributions 0.00 Investment Results 42.03 Withdrawals 0.00 Loan Repayments 85.92 Fund Transfers 0.00 Ending Balance as of 06130/2006 $12,877.56 Vested Amount as of 0613012006 $12,877.56 For details of your account activity, see reverse side. ¦ 50.0%- Sdwab RedrerreM Money Fund ¦ 3.4%- Weis Few MoaWnIery Short Dur. Govt Bond Fund ? 4.6%- O*mark Equty It Income Fund ? 6.6%- Sdwab S&P 500 Index fund ¦ 21%- WhiBe Oak Growth Stock Fund ¦ 33.3% - Loan Fund Your Personal Rate of Return For the Period 04/01/2006 to 06/30/2006 1.00% Your Personal Rate of Return reflects all transactions that occurred during the period and is calculated using the Original Dietz Method. This method assumes that all cash flows into or out of the account occurred at the midpoint of the period. There are other methods available for calculating rates of return which will produce varying results. Your personal rate of return may differ from published rates of return because of the timing of transactions in your account. FFROW-Tillitle"i'll THE FROG. SWITCH & MANUFACTURING CO Date of Employment: 0212211988 Your Asset Allocation as of 06/30/2006 STEELWORKERS PENSION TRUST SEVEN NESHAMINY INTERPLEX - SUITE 301 P O BOX 660 TREVOSE, PA 19053-0660 (215) 633-9200 FAX (215) 633-0607 (800) 848-1953 James Woodall May 31, 2006 P O BOX 33 CARLISLE, PA 17013-0033 Dear Brother Woodall: The Steelworkers Pension Trust has received the contributions listed herewith for the period ending 12/2005. Your service credit earned for that year was 1.000. If there is a discrepancy in the information reported to us by your employer, notify us immediately by mail. Please enclose any documentation supporting your findings. If you fail to report any discrepancies at this time, it is possible that we may not be able to correct the situation at the time you retire. 2005 Contribution Monthly Total Total Benefit Total Pension Hours 1148.25 $287.06 $7.22 Total $287.06 $7.22 2005 Total $7.22 $7.22 Your total accrued monthly benefit through the year December, 2005 is $7.22 at age 65. These figures are subject to final verification prior to payment. For more information on Trust operations, you may contact us on the WEB at: www.steelworkerspension.com or at our toll free number, 1-800-848- 1953. Fraternally yours, Michael C. Felice, Jr. Chairman MCF:LCK:dt opeiu-32 SS# 587230867 LOCAL UNION 1688-07 6937 EEXH I BIT T C-?r c- ri ri FTI -M DARLENE L. WOODALL, Plaintiff v JAMES E. WOODALL, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1541 CIVIL : CIVIL ACTION -LAW : IN DIVORCE Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. 2. 3. 4. 5. Ground for Divorce: Irretrievable breakdown under Section (x)3301(c) ()3301(d)(1) of the Divorce Code. Date and manner of service of the Complaint: March 27, 2006 by U.S. Postal Service, Certified Mail, Return Receipt. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: July 31, 2006; by Defendant: July 31, 2006. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 33010 of the Divorce Code: 2) Date of service of the Plaintiffs affidavit upon the Defendant: . Related claims pending: None. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice was filed with the Prothonotary: July 31, 2006. (b) Date Defendant's Waiver of Notice Prothonotary: July 31, 2006. X. GWoy, Esquire Attorney fo laintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-2434574 !`.? ? i'1 ?? _ 1??? J ?? i ?..> - ...?. - - ?; = C?3 ? ; i? C.J -5 ! L Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DARLENE L. WOODALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2006-1541 CIVIL ACTION - LAW JAMES E. WOODALL, Defendant IN DIVORCE STIPULATION Pursuant to the Property Settlement Agreement signed by the parties dated December 19, 2006, the parties hereby agree and stipulate that the Court may sign the attached Qualified Domestic Relations Order. ate ne L. Woodall I ?'O E, Date J s E. Woodall 0 .c Wd I1 9n LOU 4 Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff AUG 142DD7Y9 DARLENE L. WOODALL, Plaintiff, V. JAMES E. WOODALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1541 CIVIL ACTION - LAW IN DIVORCE STIPULATION Pursuant to the Property Settlement Agreement signed by the n ti parties: da December 19, 2006, the parties hereby agree and stipulate that the Court may sign the attached Qualified Domestic Relations Order. ate - -© Date - (:? (ifvIQ4 E? -0- 3 s E. Woodall F TILES\ 12469\ 12469. I .qualified SRO Created: 9/20/04 0:06PM Revised-. 8113107 3.13PM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff DARLENE L. WOODALL, Plaintiff, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-1541 CIVIL ACTION - LAW JAMES E. WOODALL, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this Z/' day of 41,cow y , 2007, based on the findings set forth in items one through five. IT IS HEREBY ORDERED, ADJUDGED AND DECREED in items six through 20: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on September 17, 1994, and divorced on December 27, 2006. 2. Participant Information: The name, last known address, Social Security Number and date of birth of the Plan "Participant" is: James E. Woodall, P.O. Box 33, Carlisle, Cumberland County, Pennsylvania 17013, Social SecurityNumber 587-23- 0867, and date of birth August 17, 1959. 3. Alternate Payee Information: The name, last known address, and Social Security Number of the "Alternate Payee" is: Darlene L. Woodall, 705 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013, Social Security Number 261-91- 4556, and date of birth December 14, 1965. 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 Frog, Switch & Manufacturing Company Production and Maintenance Employee 401(k) Savings Plan (hereinafter referred to as "Plan"). Any changes in Plan Administrator, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Domestic Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits under the Plan. 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations laws of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to Six Thousand Four Hundred Thirty-Five Dollars ($6,435.00) from the Participant's Total Account Balance accumulated under the Plan. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, the benefits shall be paid to the Alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or Section 414(p) of the Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the Plan. 10. Alternate Payee's Rights and Privileges. On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's Estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee may not designate a beneficiary other than his or her Estate. 12. Death of a Participant: Should the Participant pre-decease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; b. to provide increased benefits to the Alternate Payee; C. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414 (p) of the Code, as it may be amended from time to time, and the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under this Order: For purposes of Sections 402 (a)(1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tax on such distribution. 17. Parties Responsibilities in Event of Error: In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code Section 414 (p), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Notice of Pending Retirement: In the event that the terms of the Plan require the Alternate Payee to wait until the Participant's actual date of termination of employment or retirement before becoming eligible to receive a distribution, then the Participant shall be required to notify the Alternate Payee, in writing, within ten (10) days following such termination of employment or retirement. The notice shall be sent via regular first-class mail. For this purpose, the Alternate Payee shall notify the Participant of any changes in mailing address. cc: //Iiubert X. Gilroy, Esquire ,/Darn es E. Lai ooloXL Ate: BY THE COURT, I I :u IN N ?,l'l IU l ??-'' ?? awl t1 ter., , :J }?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARLENE L. WOODALL, Plaintiff Vs File No. _2006-1541 IN DIVORCE JAMES E. WOODALL, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, ),;t/b 7/06 tr-Q - or X- after the entry of a Final Decree in Divorce dated fluty 5t--,-Z 0+6, hereby elects to resume the prior surname of ANDERSON, and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date: D L. DARLENE L. ANDERSON Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) On the 0 day of 2007, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. M NEN&A Th QF PENNSYLVANIA No" Seal ShillyB=M,-Notary Public I otary Public Cdl9i M Boro, C tmbedand County MY COMM!Wlnn , Tres Aug. 5, 2009 Member, Pennzyivania Association of Notarise a c c 2 mr Z_i z CP L: C:. c N r.y rA 4 9 Ti rn i RE.GEIVED DEC 1 2007 MARTSOI