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HomeMy WebLinkAbout06-1968E:WILESVDATAI'ILEVGener3lACm.entA12023 I.deoml Cma¢d 920104 006PM Rc,.ed 3/10/06 333PM Thomas J. Williams, Esquire Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PHILLIP W. MOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. JERRY F. MOCK, Defendant NO. 06- /QL-P CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. Ifyou 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 maybe 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 the divorce is indignities or irretrievable breakdown ofthe marriage, you may request marriage counseling. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFERLEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 244-3166 PHILLIP W. MOCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06- /94,0 CIVIL ACTION - LAW JERRY F. MOCK, Defendant IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE Plaintiff is Phillip W. Mock, who currently resides at 34 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is JerryF. Mock, who currently resides at 34 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have been bona fide residents in the Commonwealth ofPermsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 22, 1965, in Columbus, Georgia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiffhas 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. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. COUNTI CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 9. Plaintiff and Defendant are the joint owners as tenants by the entireties ofcertain real estate which is subject to equitable distribution by this Court. 10. Plaintiff and Defendant are the owners of various items ofpersonal property, furniture and household furnishings acquired during theirmarriage which are subject to equitable distribution bythis Court. 11. Plaintiff and Defendant are the owners of various motor vehicles and bank accounts acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. Equitably distributing all property owned by the parties hereto. Date: le)/0k MARTSON DEARDORFF WILLIAMS & OTTO By . ?? C kVOY4 Thomas J. Wil x ms, Esquire Michael J. Collins, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language ofthe document is that of counsel and not my own. I have read the Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best ofmy knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that ifl makeknowingly false averments, I may be subject to criminal penalties. ? w. Phillip . Mock FVFILESVDATAFILLACcCTalACunenLU2023 1. dcoml Y may. ? t, 6` PHILLIP W. MOCK, Plaintiff PENNSYLVANIA VS. JERRY F. MOCK, Defendant To the Prothonotary: IN THE COURT OF NO: 2006-01968 CIV CIVIL ACTION - LA` IN DIVORCE PRAECIPE Please enter my appearance on behalf of the defendant, Jerry F. custody action. Respectfully submitted, 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 MMON PLEAS OF COUNTY, TERM in the above captioned cc: Thomas J. Williams, Esquire Attorney for Plainitff ? ? o n,r u? -?; ?; U?, ?.?, ?" ? = ? :? r? ?s < <;., = ruoa?ax?nn?cv ,xu.i.4.a,x. C1.0.ew WA" R soma wi,k NUM fA1Nf PHJLLIP W. MOCK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JERRY F. MOCK, Defendant NO. 06 -1468 CIVIL ACTION - LAW : IN DIVORCE AND NOW, this! day of7uae, 20M.1hepartiee, Philip W. Mock and JmryF. Mock, by and tbrough their respective attorneys of rcoord, stipulate and agree to the following: Jerry F. Mock has applied to Orrstown Bank for a loan. 21 JerryF.MoekhasrerluestedtbalPhilipW.Mockco-dpftloandocLmoantsaspemaal guarantor in order to facilitate the loan. 3. As coasiderationfadoiagso,JeeyF.Mock shall indemnify, defend andboldPbilipW. Mock harmless from any claim, demand or liability with respect to said loan. 4. The parties also agree that ftOrratownBankloan,guarantee andthisStipulation maybe a factor eonaidemd by the Court is any economic claims that aright east pursuant to thoir diva= action, including butmot limited to Equitable Distabution. MARTS ONDLARDORFF WH,LTAMS & OTTO Thomas J. W-Ali s, Esquire 10 Salt High Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff DATE: c oq /?Y, ANDREWS & JOHNSON Taylor,. , Esquire 79 W om8et street Carlisle, Pennsylvania 17013 Attorneyfir Defendant DATE: 0(0/00/ /0& r 1 C_; cJ" t _::.>. ?, l it ?, G- ?']'' ?? ; , _; t i?.'. ? ;; { ?i_ ? 11.-, ? . ?, ,. ? C1 Cf _? ?L* ?? f..J '3r :::n ® '? /, 4n .. .? 1. -. ?. ... ? ... _S? P.\MUS\DATAFlLE\General\Curtm[\12023.1.p al Created: 9/20/00 0.06PM Revved. 6116/06 9 29AM Thomas J. Williams, Esquire Michael J. Collins, Esquire MARTSON DEARDORFF WILLIAMS & OTTO 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PHILLIP W. MOCK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1968 CIVIL ACTION - LAW JERRY F. MOCK, Defendant : IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please reinstate the attached Complaint against JenyF. Mock in the above-captioned action and return same to the undersigned for service. MARTSON DEARDORFF WILLIAMS & OTTO By__TL ! 4 KPM.H. - Thomas J. W s, Esquire 10 East High treet Carlisle, PA 17013 (717) 243-3341 Date: June 14, 2006 Attorneys for Plaintiff c? ? c> 6t __ rr _ _ F5 v 9 - . . e. t .. . , . , PHILIP W. MOCK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 - 1968 JERRY F. MOCK, Defendant IN CUSTODY PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance as attorney for the Plaintiff, Philip W. Mock, in the above-captioned case. MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Thomas J. Wil ' ms, Esquire Supreme Court ID No. Ten East High Street Dated: Carlisle, PA 17013 ?l >' l 1 s PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Philip W. Mock, in the above- SAIDIS, FLONVIER LINDSAY 26 West High Street Carlisle, PA captioned case. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay', squire '- Supreme Cou No. 44693 26 West High Street Carlisle, PA 17013 Dated: 717-243-6222 47 (01 t? rv r if?t ?f PHILIP W. MOCK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 2006 -1968 JERRY F. MOCK, Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Petitioner, Philip W. Mock, moves the court to appoint a master with respect to the following claims: (X) Divorce (X) Distribution of Property (Equitable Distribution) ( } Annulment ( ) Support ( ) Alimony ( ) Counsel Fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is not complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant, appeared in the action and is represented by counsel. (3) The statutory grounds for divorce are §3301(c) and/or (d). (4) Delete the inapplicable paragraph(s). (a) The action is contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not complex issues of law or fact. (6) The hearing is expected to take: one day (7) Additional information, if any, relevant to the motion: Plaintiff needs the following information from Defendant to proceed: 1. Defendant's 2008 Income Tax Return 2. Defendant's most recent pay stub 3. December 31, 2008 statements previously requested SAMIS, LENDS" AAA A 26 West High Street Carlisle, PA SAIDIS, FLOWER & V Date: 3 Carol J. Lindsay, sc 26 West High eet Carlisle, PA 1 717-243-6222 CERTIFICATE OF SERVICE I hereby certify that on this `3 day of 4 (ASE , 2009, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Taylor P. Andrews, Esquire 78 West Pomfret Street Carlisle, PA 17013 SAIDIS, FLOWER & LINDSAY Carol J. Lindsay, Esquire Supreme Court ID No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 FLOWER & LIlVDS" 26 West High Street Carlisle, PA RLF;1 F THE .. °-101ARY 2009 AUG -4 AN 10: 01 PL"iN vf7; j =ir Fli;'+ r AUG 05 20A96 PHILIP W. MOCK, Plaintiff V. JERRY F. MOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2006 -1968 IN DIVORCE ORDER APPOINTING MASTER I AND NOW, this 4d. day of , 2009, Esquire, is appointed master with respect to the following claims: Divorce and equitable distribution. BY T , 1 G Ll . 6t, SAIDIS, FLOWER & LINDSAY AnURNM6 AT•uW 26 West High Street Carlisle, PA f:r? 17 i.. tt r .. ;fY ? t,? nth. co ICR - lit'cs m'a t t-C- -10 C. kt?r-&7j % PHILLIP W. MOCK, Plaintiff PENNSYLVANIA vs. JERRY F. MOCK, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, NO: 2006-01968 CIVIL TERM CIVIL ACTION - LAW : IN DIVORCE PRAECIPE Please enter my appearance on behalf of the defendant, Jerry F. Mock, in the above captioned divorce action. Respectfully submitted, ANDREWS & JOHNS Tay or P/ Andrews, Esquire 78 t Pomfret Street Carlisle, PA 17013 (717) 243-0123 cc: Carol J. Lindsay, Esquire, Attorney for Plainitff E. Robert Elicker II, Divorce Master FILED OF THE Fw';STt-ln 10TARY 2009 0CT 12 P' '3 ' 53 8 PHILLIP W. MOCK, IN THE COURT OF COMMON P?EAS.a s Plaintiff CUMBERLAND COUNTY, PENI?YLGN IA-", lr x? -J -! V. CIVIL ACTION - LAW r: ? NO. 2006 - 1968 CID ;`. 1 TIM - JERRY F. MOCK, - ?.?. Defendant IN DIVORCE '- :: -; r1Q Ca PLAINTIFF'S AFFIDAVIT OF CONSENT Z2 4 CO 1. A Compl aint in Divorce under § 3301(c) of the Divorce Code was filed on April 5, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 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 to the best of my knowledge, information and belief. 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: TL- & i: ? r., I ?? ?? - Phillip W. M 90k PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's FLOWER & LINDSAY 26 West High Street Carlisle, PA fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. 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: t? / I0 - zL- Phillip W. M eft PHILLIP W. MOCK, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-01968 CIVIL TERM c? ' `= t _ JERRY F. MOCK, -n ?7 iR rt CIVIL ACTION - LAW = Tl -? 173 r- Defendant IN DIVORCE o -c rn Zy r-' 1-r. AFFIDAVIT OF CONSENT 4-1 rn -? 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 5, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: ? g6 < D p?- C Jif(Ty F. Moc , Defendant PHILLIP W. MOCK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-01968 CIVIL TERM o JERRY F. MOCK, CIVIL ACTION - LAW rn 1-1 Defendant IN DIVORCE, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE co -` 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date:?J31116 a??CA erry F. MA, Defendant -A R PHILLIP W. MOCK, Raintiff v JERRY F. MOCK, lbfendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYVLANIA CIVIL ACTION - LAW NO. 2006-1968 CIVIL IN DIVORCE r PROPERTY SETTLEMENT AND SEPARATION AGREEMENT tU rV rv C -.1 THIS AGREEMENT made this j day of 1'?12,lqiC GL/ 2010, between PHILLIP W. MOCK, of 3 Creek Bank Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050, hereinafter referred to as Husband, and JERRY F. MOCK, of 34 East Pomfret Street, Carlisle, Cumberland County, Pennsylvania 17013, hereinafter referred to as Wife. RECITALS: RA: The parties hereto are husband and wife, having been joined in marriage on May 22, 1965, in Columbus, Georgia; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 2006-1968, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited, to all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite. R4: The parties also desire to settle their issues of counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. 1 I l NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed 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 or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this agreement, the parties shall execute and file Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) REAL PROPERTY: (A) Marital Residence. The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 34 East Pomfret Street, Carlisle, Pennsylvania 17013. Husband waives all right, title and interest in the East Pomfret Street property which was the marital home. He will execute a special warranty deed provided by Wife transferring to her all his right, title and interest in the home. Said deed shall be held in the file of Husband's counsel until such time as Wife refinances the mortgage obligations on the marital home, or obtains the release of Husband from the mortgage obligations. The equity in the marital home approximates Ninety-Five Thousand Eighty-Four ($95,084.00) Dollars. 2 T Within sixty (60) days of the date of this Agreement, Wife will refinance the mortgage on the marital home so that Husband is no longer liable thereon. At the time of refinance, Husband's counsel will release the deed to the settlement officer so that the refinance can take place. Wife is solely and exclusively responsible for any obligations associated with the marital home including, but not limited to, mortgage payments, and liens of record, utility bills, insurance and real estate taxes in connection with said property. With regard to all such expenses, Wife hereby indemnifies and holds Husband harmless against any loss therefore. (B) Timeshares. Wife will transfer to Husband all her right, title and interest to the Marriott and Coral Sands Timeshares. Upon presentation to her, Wife will execute any deeds and other documents required to transfer the timeshares into Husband's name alone. Husband will pay all expenses associated with the timeshares including the annual fees and transfer costs, and, with regard to such expenses he will indemnify and hold Wife harmless thereon. The timeshares are valued at Thirteen Thousand Nine Hundred Eighty ($13,980.00) Dollars and Ten Thousand Four Hundred ($10,400.00) Dollars, respectively. (C) Wife's Business Propert y. Husband waives any right, title or interest which he may have in 47 West Pomfret Street, Carlisle, Pennsylvania 17013, the location of Wife's business which property was purchased by Wife subsequent to separation. (D) Condominium. Husband also waives any interest which he may have in a condominium in Georgia purchased by Wife subsequent to the parties' separation. (E) Husband's Home. Wife waives any interest which she may have in Husband's home at 3 Creek Bank Drive, Mechanicsburg, Pennsylvania 17050, purchased subsequent to the parties' separation. The parties warrant and agree that any marital monies used for the purchase of these properties have been taken into account in the distribution described in this Agreement. 3 (4) DEBT: A. MARITAL DEBT: Husband and Wife acknowledge and agree the only marital debt of which either is aware is the mortgage on the marital home. Additionally, however, subsequent to the parties' separation, Husband signed a personal guarantee for two (2) loans taken by Wife to permit her to purchase 47 West Pomfret Street, Carlisle, Pennsylvania 17013. Within thirty (30) days of the date of this Agreement Wife will make an application to Orrstown Bank to either refinance the debt for which Husband is Guarantor or to release him as Guarantor on that debt, and Wife will continue to attempt to Husband's release from the obligation until the release is secured. In the event that Wife is unable to obtain a release within one hundred eighty (180) days, she will refinance the debt so Husband is no longer liable thereon. Pending the release or refinance, Wife shall make all loan payments in a timely manner in at least the minimum monthly amount due until Husband is released or she has refinanced, and with regard to all debts, loan payments and the principal and interest obligation on the Orrstown loans, she will indemnify and hold Husband harmless. B: POST SEPARATION DEBT: In the event that either party contracted or incurred any debt since the date of separation on March 10, 2006, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: FUTURE DEBT: From the date of this agreement neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. Within ten (10) 4 days of the date of this Agreement each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility for any encumbrance on the motor vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. Specifically, Wife will retain the 2004 Toyota Highlander SUV valued at Twelve Thousand Seven Hundred and Seventy ($12,770.00) Dollars and Husband shall retain the 1992 Ford Taurus station wagon, disposed of since separation, with a separation value of approximately Four Hundred ($400.00) Dollars. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This 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. During the course of their marriage, the parties kept certain family photographs in albums, which are in Wife's possession. On or about July 1, 2010, Husband will pick the photo albums up from Wife. He will make such copies as he shall wish from the photo albums and return them to Wife on or about October 4, 2010. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including 5 retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. The parties agree to a distribution of intangible personal property as follows: (A) To Husband: 1. $2,469.00 from the joint HSBC Checking Account No. 5772. 2. $3,900.00 from the joint USAA Money Market Account. 3. The gains on any stocks and accounts gifted to him prior to the parties' separation. 4. $3,124.00 from the Pioneer Growth A Fund previously distributed. 5. $123,463.00 from the Templeton World Fund previously distributed. 6. $81,206.00 from the joint Templeton World Fund remaining. 7. $3,811.00 from the ICAHN American Real Estate Property Fund. 8. 47 Shares of AngloGold (Wienken Brokerage AU) valued at $1,188.00. 9. 102 Shares of Harmony (Wienken Brokerage HMY) valued at a $1,037.00. 10. The Van Eck International Investmentor's Fund (Wienken Brokerage INIVX) valued at $19,805.00. 11. The Wienken Brokerage Account Money Market Fund valued at $410.00. 12. Husband's Thrift Savings Plan valued $107,259.00. 13. Van Eck Global Hard Assets IRA valued at $13,769.00. 14. Mass Mutual Universal Life Policy valued at $26,174.00. 15. Army Air Force Mutual Aid Whole Life Insurance Policy valued at $16,860.00. 16. The Knights of Columbus Annuity valued at $395.00. 17. Corona Austrian Gold coins valued at $4,100.00. All values of investment accounts not previously distributed are approximate as of December 31, 2009 and to the extent that there are any gains or losses on the accounts which are to be Husband's separate property, those gains and losses shall be Husband's alone. 6 A To Wife: 1. $10,000.00 "down" money for 47 West Pomfret Street and $5,000.00 "down" money for the Georgia condominium. 2. $2,470.00 from the HSBC Checking Account (5772) previously distributed. 3. Approximately $15,000.00 from her M&T Checking Account (0814). 4. Approximately $1,502.00 from her M&T Savings Account (3122). 5. Approximately $13,927.00 from her M&T Savings Account (1318). 6. Approximately $3,948.00 from the joint USAA Money Market Account previously distributed. 7. $63,124.00 from the Pioneer Growth A Fund previously distributed. 8. $63,463.00 from the Templeton World Fund previously distributed. 9. $5,849.00 from the sale of approximately 200 Shares of JLG Stock. 10. Her approximate 200 Shares of Rite Aid stock. 11. $27,276.00 from her Fidelity Investment 401(k) Plan. 12. $14,828.00 from her Lincoln Life Annuity 401(k) Plan. 13. Her USAA SEP IRA valued at $90,553.00 reduced by substantial post- separation contributions. 14. Her USAA Roth IRA valued at $8,199.00. 15. Her interest in Mock Mays Associates, the value of which has not been determined. 16. The Survivor Benefit from Husband's military pension appraised at $213,666.00. 17. The Survivor Annuity from Husband's FERS Plan appraised at $16,061.00. The values of Wife's retirement plans are as of December 31, 2009 and to the extent that there are any gains or losses on the accounts which are to be Wife's separate property, those gains and losses shall be Wife's alone. 7 Within thirty (30) days of this Agreement, Husband will present to Wife any documents required to effect the transfers set out in Paragraph 7 (A) and Wife will present to Husband any documents required to effect the transfers set out in Paragraph 7 (B). (C) Pension Plans: Husband is the beneficiary of a United States Military Pension and a Federal Employee Retirement System Plan with (FERS). Wife will receive fifty (50%) percent of the marital portion of the FERS Pension, with cost of living adjustments thereon, by Administrative Domestic Relations Order to be prepared by Jonathan Cramer at Conrad Siegel Actuaries, the costs of said Administrative Domestic Relations Order to be equally divided between the parties. Husband will pay one-quarter (1/4) of the cost of the survivor benefit and Wife will pay three-quarters (3/4) of the cost of the survivor benefit. In the event Wife should predecease Husband, her interest in the FERS pension and associated survivor benefit shall revert to Husband. Wife is to receive fifty (50%) percent of the marital portion of Husband's disposable military retired pay from his military pension, together with any cost of living adjustments thereon. The parties will retain Jonathan Cramer of Conrad Siegel Actuaries to prepare the Administrative Domestic Relations Order and/or any other forms or documents required by DFAS to transfer Wife's interest in Husband's pension to her exclusively. The disposable military retired pay is the gross pension reduced only by the disability portion (the VA Waiver) and the costs of the Survivor Benefit Plan. Husband will pay one-quarter (1/4) of the costs of the Survivor Benefit Plan and Wife will pay three-quarters (3/4) of the costs of the Survivor Benefit Plan. The parties have instructed Jonathan Cramer to calculate the percentage of Husband's disposable military retired pay, taking into account the varied responsibilities of the parties for the Survivor Benefit Plan. Additionally, the parties will ask their accountants, Boyer and Ritter, to calculate in advance of the preparation of his Administrative Domestic Relations Order, the monthly payment from the pension to which Wife is entitled by the terms of this Agreement, taking into consideration 8 Husband's obligation for paying the taxes thereon. Husband will pay that amount directly to Wife on or about the 1 st of each month commencing in March 2010 with the first payment to be made when this agreement is signed to catch up for payments that started accruing on March 1, 2010 until such time as DFAS is in receipt of the Administrative Domestic Relations Order and has made payments directly to Wife for her share of the pension. Should Wife pre-decease Husband then her interest in the military pension and the associated survivor benefit plan shall revert to Husband. Attached hereto as Exhibits "A" and "B", respectively, are the Administrative Domestic Relations Orders which will divide the pensions as set out in these subparagraphs. Husband and Wife agree that they shall stipulate to an amended Administrative Domestic Relations Order or whatever other document is needed to accomplish the division referenced herein if either of the attached draft Administrative Domestic Relations Orders is not accepted by the applicable Pension administrator. It is the intention of the parties that Wife's share of each pension shall be paid to her directly by the Pension and not paid to her by Husband. (D) Husband waives any claim for reimbursement for any amounts paid to Wife during the period of separation which he believes are in excess of an equal division of the marital portion of the FERS and Military Pension payments. (8) UTAH EDUCATION SAVINGS PLANS: In the course of their marriage the parties contributed to two (2) Utah Education Savings Plans, one intended to benefit Cameron Mock and one intended to benefit Peyton Mock, the parties' grandchildren. The savings plans were held in Wife's name. Within thirty (30) days of the date of this Agreement Wife will transfer the savings plans to Bradley and Alicia Mock for the benefit of their children. (9) LIFE INSURANCE: Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other 9 incidents of ownership of the respective policies free of any right or claim by the other party. Each party shall sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who presently owns such policies. (10) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (11) FORT BENNING BURIAL: Wife desires to be buried in the Post Cemetery at Fort Benning, Georgia, where one of the parties' children is buried. Under current Army regulations, Wife is not eligible to be buried in the Post Cemetery unless an exception to the regulations is granted. Husband agrees to write on Wife's behalf to the authorities who may grant an exception in support of Wife's request. It shall be Wife's responsibility to determine who Husband should write to. Husband makes no assurance or representation that permission for this burial will ever be granted, and Husband does not assume any responsibility with regard to the cost of such a burial. Attached hereto as Exhibit "C" is the letter Husband has provided at Wife's request. Wife avers that she is satisfied with Exhibit "C". (12) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this agreement with which to consult with counsel, Husband is represented by Carol J. Lindsay, Esquire and Wife is represented by Taylor P. Andrews, Esquire. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal 10 agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. The parties will file separate Federal and State Income Tax returns for 2009. However, they will equally divide the interest, dividends and capital gains, if any, generated by jointly-titled accounts. Within ten (10) days of the date of this Agreement, Husband will provide to Wife copies of any 1099 which he has received from any investment reporting interest, dividends or capital gains so that the parties can report their equal share on their 2009 return. 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 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 including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (16) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (17) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of the party, including all claims which have been raised or may be raised in an action for divorce. 12 (19) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; 13 claims, demands, obligations arising provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. GOVERNING LAW: This Agreement shall under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement will be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. '4 1 rep _ ?.J- Date R-IILLIP MOCK -3 t D 64--(?? te RY F. MOCK 15 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this 1L day of r, f , 2010, before me, the undersigned, personally appeared PHILLIP W. MOCK, whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. otary Public BARBARA L SUSt Nowt' ! cadisle Baum, c mbwbw Corti P, AI M Commission im fuse 1. -11 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this day of /; ?AgAw , 2010, before me, the undersigned, personally appeared JERRY F. MOCK, whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my ha "d official seal. Notary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL SHELLY SEXTON, Notary Public Carlisle Boro, Cumberland County My Commission Expires April 26, 2011 16 Phillip W. Mock IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE Jerry F. Mock Defendant NO. 2006-1968 CIVIL DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Federal Employees Retirement System ("Plan") and any successor thereto. Phillip W. Mock ("Participant") is a Participant in the Plan. Jerry F. Mock ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Phillip W. Mock 3 Creek Bank Drive Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: DRO Page 2 Jerry F. Mock 34 East Pomfret Street Carlisle, PA 17013 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. The Participant is currently receiving a monthly pension under the Plan. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 9. This DRO assigns to Alternate Payee an amount equal to 22.95% of the Participant's Gross Monthly Annuity (determined after reduction for survivor benefit costs). In addition to the above, when cost-of-living adjustments (COLA's) are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 10. Payments to Alternate Payee shall commence as soon as administratively feasible following the date this DRO is approved by OPM. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall revert to the Participant. 12. Upon the death of the Participant, the Alternate Payee shall receive a survivor annuity in accordance with the survivor annuity election made by the Participant upon his retirement. If the Alternate Payee dies before the Participant, the survivor annuity shall revert to the Participant's control. 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits 1 ? DRO Page 3 offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall. forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. DRO Page 4 17. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. EXECUTED this day of , 20 BY THE COURT CONSENT TO ORDER: Plaintiff/Participant Attorney for Plaintiff/ Participant Judge Date Defendant/Alternate Payee Date Date Attorney for Defendant/ Date Alternate Payee I • ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Office of Personnel Management Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Office of Personnel Management when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Phillip W. Mock Address: 3 Creek Bank Drive Mechanicsburg, PA 17050 SSN: 224-54-4754 Date of Birth: September 19, 1941 Participant Attorney's Information Name: Carol J. Lindsay, Esq. Address: Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Phone Number: (717) 243-6222 Alternate Pavee Information Name: Jerry F. Mock Address: 34 East Pomfret Street Carlisle, PA 17013 SSN: 055-38-4379 Date of Birth: February 14, 1945 Alternate Pavee Attornev's Information Name: Taylor P. Andrews, Esq. Address: Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 Phone Number: (717) 243-0123 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Office of Personnel Management Retirement Services Program Court-Ordered Benefits Section P.O. Box 17 Washington, DC 20044-0017 4 i • Phillip W. Mock IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE Jerrv F. Mock Defendant NO. 2006-1968 CIVIL DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This.DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Phillip W. Mock ("Participant") is a Participant in the Plan. Jerry F. Mock ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. The Participant's name, mailing address, Social Security number and date of birth are: Phillip W. Mock 3 Creek Bank Drive Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Jerry F. Mock 34 East Pomfret Street Carlisle, PA 17013 Social Security No.: See Addendum Date of Birth: See Addendum 7. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. 8. The Participant's rights under the Servicemembers' Civil Relief Act were observed by the Court as evidenced by the Participant's presence at the proceedings. M • DRO Page 2 9. This Order assigns to Alternate Payee an amount equal to 44.65% of the Participant's disposable military retired pay under the Plan, with respect to monthly payments occurring prior to April 1, 2023. For monthly payments made on or after April 1, 2023, the Alternate Payee shall receive 46.70% of the Participant's disposable military retired pay. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 9. 10. Payments to Alternate Payee shall commence as soon as administratively feasible following the date this Order is approved by the appropriate Military Pay Center. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's disposable military retired pay shall revert to the Participant. 12. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed) the irrevocable beneficiary of the Survivor Benefit Plan ("SBP"), to the extent survivor benefits were previously provided under the Survivor Benefit Plan. The Participant shall make the necessary election in a timely manner to continue the SBP coverage for the Alternate Payee and shall execute such paperwork as is required. If the Alternate Payee dies before the Participant, the Survivor Benefit Plan shall revert to the Participant's control. 13. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 14. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on May 22, 1965, and separated on March 1, 2006. 15. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 16. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 17. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 18. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. DRO Page 3 19. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-HGA/CL, Assistant General Counsel for Garnishment Operation, P.O. Box 998002, Cleveland, Ohio 44199-8002 and to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. Deemed Election Letter b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. and Mrs. Mock. e. An executed copy of Form 2656-1 entitled "Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage." f. An executed copy of Form 2293 entitled "Application for Former Spouse Payments From Retired Pay." 20. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. 21. If the Participant increases his VA Waiver amount, causing a reduction in the Participant's disposable military retired pay, then the DRO shall be amended to provide the Alternate Payee with the same benefit she was receiving immediately before the increase in the amount of the VA Waiver. If DFAS will not enforce the amended DRO due to statutory limitations on the amount of disposable military retired pay that may be paid to an Alternate Payee, the Participant shall make direct payments to the Alternate Payee so that her monthly benefit is the same as before the change in VA waiver amount. Accepted and Ordered this day of 20 BY THE COURT Judge CONSENT TO ORDER: Plaintiff/Participant Date Defendant/Alternate Payee Date Attorney for Plaintiff/ Participant Date Attorney for Defendant/ Date Alternate Payee !L DEEMED ELECTION LETTER, DFAS U.S. Military Retired Pay P.O. Box 7130 London, KY 40742-7130 DFAS-HGA/CL Garnishment Operations P.O. Box 998002 Cleveland, OH 44199-8002 RE: Phillip W. Mock - SSN: 224-54-4754 Jerry F. Mock - SSN: 055-38-4379 Deemed Election Letter To Whom It May Concern: The following documents are enclosed for Jerry F. Mock's Deemed Election within one year of date of Divorce Decree: 1. Certified Copy of Divorce Decree dated 2. Certified Copy of Domestic Relations Order dated 3. A copy of the Marriage Certificate of Mr. and Mrs. Mock. 4. Form 2651-1 entitled "Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage," whereby Jerry F. Mock is named as the former spouse for benefits of the survivor annuity. Phillip W. Mock and Jerry F. Mock have executed this form. 5. Form 2293 entitled "Application for Former Spouse Payments from Retired Pay." This has been executed by Jerry F. Mock. With best regards, Yours sincerely, Encl. This letter has been reviewed by me and is acceptable to me. Jerry F. Mock A #t A ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Defense Finance Accounting Service Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Defense Finance Accounting Service when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Phillip W. Mock Address: 3 Creek Bank Drive Mechanicsburg, PA 17050 SSN: 224-54-4754 Date of Birth: September 19, 1941 Alternate Payee Information Name: Jerry F. Mock Address: 34 East Pomfret Street Carlisle, PA 17013 SSN: 055-38-4379 Date of Birth: February 14, 1945 Participant Attorney's Information Name: Carol J. Lindsay, Esq. Address: Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Phone Number: (717) 243-6222 Alternate Payee Attorney's Information Name: Taylor P. Andrews, Esq. Address: Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 Phone Number: (717) 243-0123 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: DFAS-HGA/CL Assistant General Counsel for Garnishment Operations P.O. Box 998002 Cleveland, OH 44199-8002 DFAS U.S. Military Retired Pay P.O. Box 7130 London, KY 40742-7130 t • April 2, 20 10 Mr. William Cannon, Cemetery Manager Building 2679 6551 Ft. Benning Blvd. Ft. Benning, GA 31905 Dear Mr. Cannon, My ex-wife, Jerry Fields Mock, and I have a son, Mark Fields Mock, buried at the Fort Benning Cemetery. There is enough space in his grave for another person. I do not want the space available and relinquish all my rights to it. Since I am giving up my right to the space I am asking for an exception to policy so my son's mother can be buried in the available space. It is very important to her and since it is already available and of no use to anyone else, I ask that you consider this exception. Any additional expenses incurred will be paid for by the estate of Jerry Fields Mock. With this request, I want to retain my benefit for burial elsewhere in another military or national cemetery, with a future spouse, should I remarry. I have understood from you that retention of my benefit will not affect the decision on this request or be affected by the decision. Thank you for your assistance. Phillip W. Mock, Colonel, U.S, Army Retired 3 Creek Bank Drive Mechanicsburg, PA 17050 717-790-0338; phil.mock@comcast.net EXHIBIT PHILIP W. MOCK, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 1968 CIVIL JERRY F. MOCK, Defendant IN DIVORCE ORDER OF COURT AND NOW, this /a2 day of , 2010, the economic claims raised in the proceedings having been resolved in accordance with a property settlement and separation agreement dated March 31, 2010, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, / Kev n A. Hess, P.J. cc: '----Carol J. Lindsay Attorney for Plaintiff Naylor P. Andrews Attorney for Defendant en z- r= TI /? rs t -za -T, / ??? •?t? ?a.? z "T. ' R7 T Mli= ?.J t Cal / • xQ { fV F:\FILESIDATAFILE\General\Current\12023. Lampt.serv Created: 4/5/06 4:30PM Revised: 6/19/06 3:26PM PHILLIP W. MOCK, Plaintiff V. JERRY F. MOCK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1968 CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, Taylor P. Andrews, Esquire, attorney for Defendant Jerry F. Mock in the above-captioned action, hereby accept service of the Divorce Complaint in the above action on vwc _Z( Z%6 her behalf and certify that I am authorized to do so. ANDREWS & Date: By - ,?/ - Tayl Brews, Esquire 78 Pomfret Street Carlisle, PA 17013 T _ { PHILLIP W. MOCK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENq YLYANIA V. CIVIL ACTION - LAW NO. 2006 - 1968 JERRY F. MOCK, : -, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant's counsel signed an Acceptance of Service for the Complaint on June 21, 2006. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: April 1, 2010 and filed with the Prothonotary on April 7, 2010. By Defendant: March 31, 2010 and filed with the Prothonotary on April 7, 2010. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated March 31, 2010 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: April 1, 2010 and filed with the Prothonotary on April 7, 2010. By Defendant: March 31, 2010 and filed with the Prothonotary on April 7, 2010. SAIDIS, FLOWER & LINQSAY SQAWERR'& LIlVDSAY -?uw West High Street Carlisle, PA CarofJ. Lin esquire Supreme urt Ire No. 44693 26 West Hi et Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff PHILLIP W. MOCK V. JERRY F. MOCK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-01968 DIVORCE DECREE AND NOW, o Cam? , it is ordered and decreed that PHILLIP W. MOCK , plaintiff, and JERRY F. MOCK , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. (The terms of the attached Marital Settlement Agreement, dated March 31, 2010, are incorporated but not merged into this Decree in Divorce.) By the Court, J. Prothonotary vc'?w _A40 Pry? I>C??5at P06 (t co s plll? o RED APR 3 0 2010 '7 `r, ?r r rr??? 2010 HAY -1+ AN 11. 53 CG?r? OF COMMON PLEAS OF Phillip W. Mock tH,, h Plaintiff CJII PAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE Jerrv F. Mock Defendant NO. 2006-1968 CIVIL DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Phillip W. Mock ("Participant") is a Participant in the Plan. Jerry F. Mock ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Phillip W. Mock 3 Creek Bank Drive Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Jerry F. Mock 34 East Pomfret Street Carlisle, PA 17013 Social Security No.: See Addendum Date of Birth: See Addendum 7. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. 8. The Participant's rights under the Servicemembers' Civil Relief Act were observed by the Court as evidenced by the Participant's presence at the proceedings. DRO Page 2 9. This Order assigns to Alternate Payee an amount equal to 44.65% of the Participant's disposable military retired pay under the Plan, with respect to monthly payments occurring prior to April 1, 2023. For monthly payments made on or after April 1, 2023, the Alternate Payee shall receive 46.70% of the Participant's disposable military retired pay. In addition to the above, the Alternate Payee shall receive a pro rata share of any cost- of-living adjustments made to the Participant's benefits. The pro rata share shall be calculated in the same manner as the Alternate Payee's share of the Participant's retirement benefits is calculated pursuant to this Paragraph 9. 10. Payments to Alternate Payee shall commence as soon as administratively feasible following the date this Order is approved by the appropriate Military Pay Center. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's disposable military retired pay shall revert to the Participant. 12. The Participant agrees to elect to make the Alternate Payee (and such Alternate Payee shall be deemed) the irrevocable beneficiary of the Survivor Benefit Plan ("SBP"), to the extent survivor benefits were previously provided under the Survivor Benefit Plan. The Participant shall make the necessary election in a timely manner to continue the SBP coverage for the Alternate Payee and shall execute such paperwork as is required. If the Alternate Payee dies before the Participant, the Survivor Benefit Plan shall revert to the Participant's control. 13. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 14. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on May 22, 1965, and separated on March 1, 2006. 15. The Alternate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 16. The Alternate Payee agrees to notify DFAS about any changes in the Domestic Relations Order or the order affecting these provisions of it, or in the eligibility of any recipient receiving benefits pursuant to it. 17. The Participant and the Alternate Payee intend that this Order qualify under the Uniformed Services Former Spouses' Protection Act, 10 U.S.C. Section 1408 and following. 18. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Alternate Payee from the Participant's retired or retainer pay pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Alternate Payee. ..A 1 DRO Page 3 19. The parties acknowledge that the following items must be sent by the Alternate Payee to DFAS-HGA/CL, Assistant General Counsel for Garnishment Operation, P.O. Box 998002, Cleveland, Ohio 44199-8002 and to DFAS, U.S. Military Retired Pay, P.O. Box 7130, London, KY 40742-7130. The Participant agrees to provide any of this information to the Alternate Payee at the Alternate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. a. Deemed Election Letter b. A certified copy of the Divorce Decree. C. A certified copy of this Domestic Relations Order. d. A copy of the Marriage Certificate of Mr. and Mrs. Mock. e. An executed copy of Form 2656-1 entitled "Survivor Benefit Plan (SBP) Election Statement for Former Spouse Coverage." f. An executed copy of Form 2293 entitled "Application for Former Spouse Payments From Retired Pay." 20. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. 21. If the Participant increases his VA Waiver amount, causing a reduction in the Participant's disposable military retired pay, then the DRO shall be amended to provide the Alternate Payee with the same benefit she was receiving immediately before the increase in the amount of the VA Waiver. If DFAS will not enforce the amended DRO due to statutory limitations on the amount of disposable military retired pay that may be paid to an Alternate Payee, the Participant shall make direct payments to the Alternate Payee so that her monthly benefit is the same as before the change in VA waiver amount. Accepted and Ordered this Z-t day of , 2010. BY THTT / , CONSENT TO ORDER: e4?,-? j o Plaintif articipant Date r Attorney for P i tiff/ Date Participant efendandAl tern ate Payee ate Defendant/ yee ?s,/d ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Defense Finance Accounting Service Onlv Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Defense Finance Accounting Service when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Phillip W. Mock Address: 3 Creek Bank Drive Mechanicsburg, PA 17050 SSN: 224=54-4754 Date of Birth: September 19, 1941 Alternate Pavee Information Name: Jerry F. Mock Address: 34 East Pomfret Street Carlisle, PA 17013 SSN: 055-38-4379 Date of Birth: February 14, 1945 Participant Attorney's Information Name: Carol J. Lindsay, Esq. Address: Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Phone Number: (717) 243-6222 Alternate Pavee Attornev's Information Name: Taylor P. Andrews, Esq. Address: Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 Phone Number: (717) 243-0123 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: DFAS-HGA/CL Assistant General Counsel for Garnishment Operations P.O. Box 998002 Cleveland, OH 44199-8002 DFAS U.S. Military Retired Pay P.O. Box 7130 London, KY 40742-7130 5 s Phillip W. Mock Plaintiff VS. Jerrv F. Mock [APR 2010 MAY -4 AN 11: 53 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE Defendant NO. 2006-1968 CIVIL DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Federal Employees Retirement System ("Plan") and any successor thereto. Phillip W. Mock ("Participant") is a Participant in the Plan. Jerry F. Mock ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Phillip W. Mock 3 Creek Bank Drive Mechanicsburg, PA 17050 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: DRO Page 2 Jerry F. Mock 34 East Pomfret Street Carlisle, PA 17013 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. The Participant is currently receiving a monthly pension under the Plan. 8. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share directly to Alternate Payee. 9. This DRO assigns to Alternate Payee an amount equal to 22.95% of the Participant's Gross Monthly Annuity (determined after reduction for survivor benefit costs). In addition to the above, when cost-of-living adjustments (COLA's) are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 10. Payments to Alternate Payee shall commence as soon as administratively feasible following the date this DRO is approved by OPM. Participant agrees to arrange or to execute all forms necessary for the OPM to commence payments to the Alternate Payee in accordance with the terms of the DRO. 11. Payments shall continue to Alternate Payee for the remainder of the Participant's lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the Participant's pension shall revert to the Participant. 12. Upon the death of the Participant, the Alternate Payee shall receive a survivor annuity in accordance with the survivor annuity election made by the Participant upon his retirement. If the Alternate Payee dies before the Participant, the survivor annuity shall revert to the Participant's control. t 13. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits DRO Page 3 offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 14. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. 15. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. If Participant takes any action that prevents, decreases, or limits the collection by Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions taken by Participant. DRO Page 4 BY THE COURT 17. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. EXECUTED this I'71day of U y 17 .2010 CONSENT TO ORDER: ?o Plainti articipant Date Wv '7- -1 A orn e la i Date Participant J e L efendan ternate Pavee V&e Atto for Defendant/ Date Alternate Payee i ADDENDUM TO DOMESTIC RELATIONS ORDER For Submission to Office of Personnel Management Only Due to the Federal Privacy Act, many state courts prohibit the inclusion of personal data in public records to prevent identity theft. Therefore, please forward the following information sheet to Office of Personnel Management when submitting the court certified copy of the Domestic Relations Order. Do NOT file the Addendum with the court. Participant Information Name: Phillip W. Mock Address: 3 Creek Bank Drive Mechanicsburg, PA 17050 SSN: 224-54-4754 Date of Birth: September 19, 1941 Alternate Pavee Information Name: Jerry F. Mock Address: 34 East Pomfret Street Carlisle, PA 17013 SSN: 055-38-4379 Date of Birth: February 14, 1945 Participant Attorney's Information Name: Carol J. Lindsay, Esq. Address: Saidis, Flower & Lindsay 26 West High Street Carlisle, PA 17013 Phone Number: (717) 243-6222 Alternate Pavee Attornev's Information Name: Taylor P. Andrews, Esq. Address: Andrews & Johnson 78 West Pomfret Street Carlisle, PA 17013 Phone Number: (717) 243-0123 The court certified copy of the Domestic Relations Order and this Addendum should be sent to: Office of Personnel Management Retirement Services Program Court-Ordered Benefits Section P.O. Box 17 Washington, DC 20044-0017