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HomeMy WebLinkAbout02-1739 -' Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KAREN K, BAILEY, v, : CIVIL ACTION - LAW Defendant : NO, O.J- 'J7~9 CIVIL TERM : IN DIVORCE DAVID L. BAILEY, NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle, 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 LA WYER 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 2 Liberty Avenue Carlisle, P A 17013 Phone: (717) 249- 3166 Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KAREN K. BAILEY, v, : CIVIL ACTION - LAW Defendant : NO, O~, 173tj CIVIL TERM : IN DIVORCE DAVID L. BAILEY, COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1, Plaintiff is Karen K. Bailey, an adult individual who currently resides at 1 Kimberly Lane, Carlisle, Cumberland County, Pennsylvania, and has resided there since October 1990, 2. Defendant is David L. Bailey, an adult individual who currently resides at 98 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania, and who has resided there since January 27, 2002, 3, Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4, Plaintiff and Defendant were married on May 20, 1978, in Carlisle, Cumberland County, Pennsylvania, 5, There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7, Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce, I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: ..5 tJfY1 a;2 ANDREWS & JOHNSON By: or p, ndrews, Esq, orneys for Plaintiff 78 W, Pomfret Street Carlisle, P A 17013 (717) 243-0123 ~r: ~ W "'0 ~ V\ '" "- .... ~ ~ , R - ~ d . o c s:: -ucc ~t:;r! Z~ (f)",_;. -<.-;, ~o ~g ~ @ o '" )::>0 ;;J ;;0 I \.D o -n -_-t. :'J cc~r~ -', c;! s.,., 6:T.J 20 _..i"l'l .J ~ ~ )::>0 ::T. \.D $:'" r I . - . " KAREN K. BAILEY, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 02-1739 CIVIL TERM DAVID L. BAILEY, CIVIL ACTION - LA W IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT ~ ) day of October 2006, between Karen K. AGREEMENT, made this Bailey (hereinafter called "Wife") and David L. Bailey (hereinafter called "Husband"). WITNESSETH: The parties hereto are Wife and Husband, having been married on May 20, 1978, in Carlisle, P A. There were two children born of this marriage, J aclyn M. Bailey, born December 24, 1980, and Kristin L. Bailey, born May 27, 1985. Diverse unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other, including without limitation: (1) the equitable distribution of the marital estate between the parties and the; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband and of Husband by Wife; and (3) in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each intending to be legally bound hereby, covenant and agree as follows: 1. ADVICE OF COUNSEL Each party acknowledges that she or he has either received independent legal advice from counsel of her or his selection, or had the opportunity to do so, and that each fully understands the facts and has been fully informed as to her or his legal rights and obligations, and each party acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. Wife has been counseled by Taylor P. Andrews, Esq., and Husband has been previously counseled by David Baric, Esq., though, Husband has decided to forego counsel at this time and to sign this agreement without counsel. 2. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if she or he were unmarried. Each may reside at such place or places as she or he may select. Each may, for her or his separate use or 2 benefit, conduct, carryon and engage in any business, occupation, profession or employment that to her or him may seem advisable. This provision shall not be taken, however, to be an admission on the part of either Wife or Husband of the lawfulness of the causes that led to, or resulted in, the continuation of their living apart. Wife and Husband shall not molest, harass, disturb or malign each other or the respective families of each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with her or him. 3. PROPERTY - REAL AND PERSONAL Wife and Husband do hereby acknowledge they have heretofore sold their marital residence that was their only marital Real Property and they have divided the net proceeds of sale to their mutual satisfaction. Wife and Husband agree that their personal property [tangible and intangible] has been divided to their mutual satisfaction excepting only the following two accounts that shall be distributed as set forth below, which distribution will complete a distribution of all marital property of the parties in a way that each party agrees is equitable and fair. The remaining accounts [with estimated values] are: The balance of the Scudder Gateway Annuities IRA Account [client ID# 08-002-52l1] [estimated at $88,431] that is in excess of $15,000 shall be transferred from Husband to Wife using a method whereby the transfer will not be a taxable event. $15,000 of this account shall remain the property of Husband. Lear Link Account # 1.02.0l49.02.01 [estimated at $90,077] shall remain the property of Husband. 3 If a Qualified Domestic Relations Order is needed to transfer the Scudder Account without the transfer being a taxable event, Wife's counsel shall prepare and obtain the approval of the QDRO, and Husband shall cooperate in the process. 4. SPOUSAL SUPPORT AND ALIMONY Husband does hereby waive, release and give up any right he may have against Wife for alimony, support or maintenance, and Wife does hereby waive, release and give up any right she may have against Husband for alimony, support or maintenance. 5. DIVORCE Husband and Wife agree to sign affidavits of consent and waivers of notice to seek a decree for the entry of a divorce decree that will incorporate the terms of this agreement. Such affidavits shall be signed at the time of the date of execution of this agreement by both parties. This agreement shall be incorporated by the divorce decree, but shall not be merged with the divorce decree. 6. MUTUAL RELEASE Wife and Husband each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wherever situate, which she or he now has or at any time hereafter may have against the other, the estate of such other or 4 any part thereof, whether ansmg out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy 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 other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any other country, or any rights which either may have or at any time against the other hereafter for 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 thereof. It is the intention of Wife and Husband 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 thereof, subject, however, to the implementation and satisfaction of the conditions precedent as set forth herein above. 5 7. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (and within at least l5 days after demand therefor) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry out fully and effectually the terms of this Agreement. 8. SUCCESSORS' RIGHTS AND LIABILITIES This Agreement shall, except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assIgns. 9. ENTIRE AGREEMENT Wife and Husband do hereby covenant and warrant that this Agreement contains all of the representations, promises and agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained, either oral or written, which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto; and the waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed to be considered a waiver of any other term, condition, clause or provision of this Agreement. 6 10. BINDING EFFECT OF AGREEMENT This Agreement shall remain in full force and effect unless and until terminated pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 11. SEPARABILITY 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. Likewise, the failure of any party to meet her or his obligations under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 12. ENFORCEMENT OF AGREEMENT This agreement does not limit or restrict any remedies that either party may have against the other for non-performance of this agreement. If a party to this agreement must seek Court action in response to the failure of the other party to perform under this agreement, the prevailing party in any such Court action may recover from the losing party his or her reasonable counsel fees related to the enforcement action. 7 __'~U 13. HEADINGS Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meanings, construction or effect. 14. EFFECTIVE DATE The effective date of this Agreement shall be the date upon which it is executed. 15. CONTROLLING LAW This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound, have signed this Agreement. This Agreement is executed in duplicate, and in counterparts, and Wife and Husband, as parties hereto, acknowledge the receipt of a duly executed copy hereof. It} tlJltJ0 G)~~ David L. Bailey /(1 -~-Cl~ Date 8 ~~;\ '>-: ('.3 !..~; ,(^"J :", " ':"-J I \ ~, D-j:. r-" 'l_ b c- N \-- '"' c::'..:;...) c,,~)r c-.l ") D KAREN K. BAILEY, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW DAVID L. BAILEY, Defendant : NO. 02-1739 : IN DIVORCE CIVIL TERM AFFIDA VIT OF SERVICE COMMONWEAL TH OF PENNSYL VANIA ) COUNTY OF CUMBERLAND ) AND NOW, this (5tL~lay of April, 2002, I, Taylor P. Andrews, Esquire, attorney for Karen K. Bailey, Plaintiff in the above-captioned action, hereby swear that I have served a true copy of the Complaint in Divorce, with Notice to Defend and Claim Rights, executed by the Plaintiff in the above-captioned matter, upon the Defendant at his residence at 98 Winchester Gardens, Carlisle, P A 17013, by depositing the same in the U.S. Mail, postage prepaid, certified, deliver to addressee only, return receipt requested. A copy of the return receipt card signed by the Defendant on April 12, 2002, indicating service was effected, is marked Exhibit "A", attached hereto and made a part hereof. ANDREWS & JOHNSON By: Sworn and subscribed to before me this / S- day of April, 2002. NOTARIAL SEAL SHELLY SEXTON, NOTARY PUBLIC CARLISLE BORD, CUMBERLAND COUNTY MY COMMISSION EXPIRES APRIL 26, 2003 Member, Pe~~5'fh"~,? Aro~!~iation of Notaries Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ]jAill 0 L..6A ,I.E Y 9t /)j I ,'V' C iI ES7E1( oM f)E#~ CMi-i s,l-el ?A J701.3 D. Is delivery address different from item 1? If YES, enter delivery address below: ",..'- 3'~~.STclUCtaED , i [b P1egiste~ i t for Merchandise Insure 2. Article Number 0 (Transfer from service label) 7 () 7 9 ..3 Yo [) DlJ It ,$0 i's- '/Ic' 93 PS Form 3811, March 2001 Domestic Return Receipt 102595'01,M-1424 Exhibit A ...~) 7', q$: \~:~< .,,~ ( ) ) ( t:; ~:) " .-' '; ./ ~j~:~ 1 ) :::> ~ ~ , \ ~ " ",,) ,-:._~0--- ~) D ,----- KAREN K. BAILEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant : NO. 02-1739 : IN DIVORCE CIVIL TERM DAVID L. BAILEY, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 9, 2002. 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. S 4904, relating to unsworn falsification to authorities. Date: /C Iff tJ0 (, (~;;. /'-..) e.::) (:.::') Ci~ o -n :.:;:! C~, c';r r',,) G.} I',) \.D KAREN K. BAILEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant : NO. 02-1739 : IN DIVORCE CIVIL TERM DA VID L. BAILEY, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 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 unsworn falsification to authorities. Date: 10 $e}-()(/J r-J 0 C;::' -n 2~i~ N -sJ C,) ".. ------ KAREN K. BAILEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant :NO. 02-1739 : IN DIVORCE CIVIL TERM DAVID L. BAILEY, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 9, 2002. 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: Ie> -- ..S-- 0 ~ Wb~ David L. Bailey, Defendarft 1"-,;) c..::::ll c';':) (.:J'" ,,,) ~'fl :::::l CJ C-~ -j f') (.,) ;""'-J u.) KAREN K. BAILEY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LA W Defendant :NO. 02-1739 : IN DIVORCE CIVIL TERM DAVID L. BAILEY, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE 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 unsworn falsification to authorities. Date: Ic,'.- 6 -o~ Cl..J? ~ David L. Bailey, Defe~t () ......., ~,:~::::J 0 r"; ~~:~::Jo ., C;;o'", 'T"l C) --:-, c: N 0 ~"./ .'.-1 f\..) 53 f...O -< Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA KAREN K. BAILEY, v. : CIVIL ACTION - LAW Defendant : NO. 02-1739 : IN DIVORCE CIVIL TERM DAVID L. BAILEY, PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: April 12, 2002 by restricted, certified mail, return receipt. 3. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff October 10, 2006; by Defendant October 5, 2006. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice m ~3301(c) Divorce was filed with the Prothonotary: IO-/Z-Vtp Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: (0- ( Z _c!)(p ANDREWS & JOHNSON Date: October lL. 2006 By: lor P. Andrews, Esq. 78 West Pomfret Street Carlisle, PAl 7013 (717) 243-0123 Supreme Court ID No. 15641 t;i, ~--:~.~ i,.__~ ,"') ~0 ..A -\" -(\. ~-('\ ~:~-\ c? S, "..... r--J ....-:l ___J' ...;,..---- <./) .' r--J ....0 ~~ ~ ~ ~~~ ~~ ~ ~~~~~~ ~~~~~~ ~ ~~~~~~~~~~~~~~ ~~~~~~~ ~~ ~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. AND NOW, IlCh6~ .2() "V" , ~f- , IT IS ORDERED AND '!!. ~' ';::' KAREN K. BAILEY, Pl.iJimtiff No. 02-1739 , PLAI NTI FF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The parties' Marriage Settlement Agreement dated October 5. 2006 is hereby incorporated' into b11t 'not merged with thisdecree. VERSUS DAVID L. BAILEY, Defendant DECREE IN DIVORCE DECREED THAT KAREN K. BAILEY AND DAVID L. BAILEY ARE DIVORCED FROM THE BONDS OF MATRIMONY, By THE ~~~ ~~~~ ~ ~~~~~~ ~~~~~~ ~~~~~ ~~~~~~~~ ~~~~ ~~~ ~~~~ ~ J. PROTHONOTARY - ~ <7 ~ ~ 1e-Oe- Of ~ r ~~ ~ ~rv ~~(je-~ . . . , ~., . ~. , KAREN K. BAILEY , Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 02-1739 CIVIL TERM : CIVIL ACTION - LAW DAVID L. BAILEY Defendant : IN DIVORCE STIPULATION In accordance with the Settlement Agreement of the Parties incorporated into the Divorce Decree entered in the above captioned case, the undersigned attorneys for the parties agree to the entry by the Court of a Qualified Domestic Relations Order in the form as attached hereto. Alternate Payee: Participant: ~~6~ David L. Bailey, DefendantJParticipant, Pro Se /g:JJL t!- Otp Date J/}-/S- 00 Date o P. Andrews, Esq. ews & Johnson 78 W. Pomfret St. Carlisle, P A 17013 717243-0123 KAREN K. BAILEY , Plaintiff DEe 2 0 2006f ~ : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ,. .. vs. : NO: 02-1739 CIVIL TERM : CIVIL ACTION - LAW DAVID L. BAILEY , Defendant : IN DIVORCE STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, Petitioner and Respondent were married to each other on May 20, 1978, and were divorced on October 20,2006; and WHEREAS, this Court has personal jurisdiction over both Petitioner and Respondent and jurisdiction over the subject matter of this Order and this dissolution of marriage action; and WHEREAS, Petitioner, Respondent and the Court intent that this Order shall be Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as that term is used in Section 206( d) of the Employee Retirement Income Security Act of 1974, as amended ("the Act"), codified at 29 U.S.C. 1056(d); and WHEREAS, Petitioner and Respondent have stipulated that the Court shall enter this Order, and the Plan has stipulated that, when approved by the Plan and the Court, the Order shall constitute a QDRO. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order the following terms shall apply: a. The term "Participant" shall mean David L. Bailey, whose Social Security Number is 196-48-1526, and whose date of birth is February 2, 1958. b. The term "Alternate Payee" shall mean Karen K. Bailey, whose Social Security Number is 185-38-7242, and whose date of birth is February 7, 1957. c. The term "Plan" shall mean: Scudder Custom Annuity; Contract number CQOOI03121 - 408(b) Individual Retirement Account 2. The Alternate Payee is the former spouse of the Participant. 3. This Order is entered pursuant to the Divorce Code of Pennsylvania. .. 9 \ ~ \ \ \w l Z 'JJG q~\lI ::1-- .' 4. This Order hereby creates and recognizes as to the Plan the existence of the Alternate Payee's right, subject to the following provisions of this Order, to a share of the benefits otherwise payable to Participant. 5. Alternate Payee's interest shall be valued on October 31,2006 Alternate Payee is hereby awarded: (check one of the following) date cannot be prior to 7-1-98 $ of the Participant's account balance. -..A.- 100 % of the Participant's account balance as of October 20, 2006 reduced by $15,000. [the $15,000 shall remain in the account of the Participant] (Check one of the following boxes) ..L Alternate Payee's interest shall include accruals. (which may be an increase or decrease of the above amount) attributable to hislher share after the valuation date and prior to distribution (*accruals can only be tracked forward from 7-1-98) Alternate Payee is not awarded accruals attributable to hislher share of the Plan. Alternate Payee's interest in the Plan shall be based upon the unit values in accordance with the rules of the Plan. Upon distribution to Alternate Payee, said units shall be valued as if said distribution were made to Participant. 6. The Plan is directed to take any and all necessary actions to segregate the amount awarded herein to Alternate Payee as soon as administratively feasible. 7. If the Participant predeceases the Alternate Payee, payment to Alternate Payee shall nonetheless be made under the terms of this Order. If the Alternate Payee dies before full payment to Alternate Payee has been made, the amount unpaid shall be made to the beneficiary designated by the Alternate Payee, in writing, to the Administrator of the Plan in the manner prescribed by the Plan Administrator, or ifno beneficiary has been so designated, to the Alternate Payee's estate. .' 8. Participant and Alternate Payee shall each be responsible for his or her own federal, state and local income and other taxes attributable to distributions from the Plan which are received by Participant and Alternate Payee, respectively. To the extent permitted by applicable law, Alternate Payee's tax liability with respect to the units distributed to Alternate Payee shall be determined as though the contributions by Participant resulting in such units has been made by Alternate Payee. The amounts paid to the Alternate Payee from the Plan that represent after-tax employee contributions shall be in the same proportion to the total amount payable to the Alternate Payee as the after-tax contributions included in Participant's account under the Plan bear to Participant's total account balance under the Plan, as of the valuation date specified herein. The Plan shall provide to Participant and Alternate Payee in accordance with its customary procedures such information as is normally provided to participants in the Plan with respect to the taxability of distribution from the Plan. Any payments to the Alternate Payee made by the Plan shall be subject to withholding for federal and state tax. 9. This Court reserves jurisdiction over the parties and the Plan until such time as all obligations of the Plan to Alternate Payee under this Order have been fully paid and discharged. 10. All notices and other communications shall be mailed to the parties by first class mail, postage prepaid, at the following addresses: To Participant: 210 Hill S1., Apt. 5 M1. Holly Springs, P A 17065 To Alternate Payee: 3 Hazelwood Path Mechanicsburg, P A 17050 On behalf of the Plan Administrator: Commonwealth Annuity and Life Insurance Company Commonwealth Service Center P.O. Box 758550 Topeka, KS 66675-0001 Any of the above parties may designated another address for the purpose of receiving notices and communications pursuant to this Order by giving written notice thereof as provided above to the other parties at the addresses then currently in effect. " .. 11. No provision in this Order shall be construed to require the Plan, the Administrator of the Plan, or any trustee or other fiduciary with respect to the Plan to take any action which is inconsistent with any provision of the Plan as now in effect or hereafter amended. 12. This Order is intended to be a QDRO made pursuant to the Act, and its provisions shall be administered and interpreted in conformity with said Act. In the event that the Act is amended or the law regarding QDROs is otherwise changed or modified, then the parties hereto shall immediately take such steps as are necessary to amend this QDRO to comply with any such changes, amendments and/or modifications, or, if permissible under any such change, amendment, or modification to the Act or laws regarding QDROs, the Plan Administrator of the Plan may elect to treat this QDRO as qualifying order. 13. Notwithstanding any provision of this Order to the contrary, no provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan and specifically authorized by this Order; (c) provide increased benefits (determined on the basis of actuarial value); or (d) pay benefits to any alternate payee (as defined in the Act) which are required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order (as defined in the Act). 14. The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Commonwealth Annuity and Life Insurance Company, any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any of said corporations (other than the Administrator of the Plan solely in his capacity as Plan Administrator) shall be deemed to have made any undertakings or incurred any obligations as a result of this Order. .... .. 15. Notwithstanding any other provision of this Order in the event that Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Administrator of the Plan shall determine to be inconsistent with the provisions of this Order or with any provisions of the Act or any successor statute thereto, the Plan may forthwith cease making any further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of such claim or further order of this Court, and the Plan may also take such further action or actions as may be permitted by law with respect to such claim and/or this Order. 16. This Court shall retain jurisdiction to make any changes in this Order to the extent required to carry out the intent of the parties as provided in this Order and in the Agreement. IT IS SO ORDERED This .1. (,. . day of 'J)~ , 2006. By: 1. A. Judge of the Court of Common Pleas of Cumberland County, Pennsylvania cc: ~id L. Bailey, Pro Se }<<9for P. Andrews, Esquire, Attorney for Plaintiff/Alternate Payee