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HomeMy WebLinkAbout06-3966 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NANCY F. ALLRED, Plaintiff V. TERENCE K. ALLRED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O& - 39(P (v 0)urI +"-' CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT, if you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 717 774-1445 NANCY F. ALLRED, : IN THE COURT OF COMMO PLEAS Plaintiff CUMBERLAND COUNTY, P NNSYLVANIA V. :NO.OC?'394? TERENCE K. ALLRED, CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Nancy F. Allred, an adult individual residing at 425 Haldeman Avenue, Apt. 2, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Terence K. Allred, an adult individual residing at 338 10s' Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on August 5, 1981 in Denver, Colorado. 5. There is one (1) minor child born of this marriage: Kelly M. Allred, born July 28, 1988. 6. The parties separated on March 27, 2005. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. i 9. Plaintiff has been advised that counseling is available and that PI -miff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. 12. The averments in paragraphs 1 through 11, inclusive of Plaintiff's Complaint are I incorporated herein by reference thereto. it 13. Plaintiff is the innocent and injured party, and Defendant has offered such indignities to the person of the Plaintiff and has been mentally cruel to her so as to make her life burdensome and her condition intolerable, in violation of the marriage vows and of the laws of the Commonwealth. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce In accordance with the Pennsylvania Divorce Code. COUNT II EQUITABLE DISTRIBUTION 14. The averments in paragraphs 1 through 13 of Plaintiffs Complaint are incorporated herein by reference thereto. 15. The Plaintiff requests the Court to equitably divide, distribute orl assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 401(d) of the Pennsylvania Divorce Code. COUNT III 16. The averments in paragraphs 1 through 15, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 17. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 18. The averments in paragraphs 1 through 17, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 19. Plaintiff is unable to sustain herself during the course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay',the necessary and reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. WHEREFORE, Plaintiff, Nancy F. Allred, prays this Honorable Court to enter judgment: A. Awarding Plaintiff a decree in divorce; B. Awarding Plaintiff support, alimony and alimony pendente lite; C. Awarding Plaintiff counsel fees, costs and expenses; D. Equitably distributing the marital property; and E, Awarding other relief as the Court deems just and reasonable. Dated: July 12, 2006 (717) 774-1445 Supreme Court I.D. No. 2317 Barbara Sumple-Sullivan; Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NANCY F. ALLRED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. TERENCE K. ALLRED, Defendant NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unswom falsification to authorities. Dated:_aU" A'U /iA,t:"- NA F. LRE Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 NANCY F. ALLRED, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. TERENCE K. ALLRED, : CIVIL ACTION -LAW Defendant : IN DIVORCE VERIFICATION I, NANCY F. ALLRED, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unworn falsification to authorities. Dated: 2006 ,L 01 k -e/L NANCY F ALLRED r? J? ?. w g- P `o h P G =Y1 T ?. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Sheet New Cumberland, PA 17070 (717) 774-1445 NANCY F. ALLRED, Plaintiff V. TERENCE K. ALLRED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-3966 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Theresa Barrett Male, Esquire, hereby accepts service and acknowledges receipt of the above- captioned Divorce Complaint on behalf of my client, Terence K. Allred, having received said Complaint on the rday of July, 2006. I hereby indicate I am authorized by my client to accept service on his behalf. Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Telephone No. (717) 233-3220 Supreme Court I.D. No. 46439 ?,,._? C? t- .? '' _. i_? .T _r., ..? ???? _; i.,._. (! [.'.. r'. ?'.._ I. ?_.. ,. ``V' r •i .. ?. ?-` ORDER(NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/14/06 Case Number (See Addendum for case summary) Employer/Withholder's Federal EIN Number DFAS CLEVELAND CENTERS C/O DFAS CODE L GARNISHMENT OPS RE: ALLRED, TERENCE K. Flo - 3qW CV O Original Order/Notice O Amended Order/Notice O Terminate Order/Notice Employee/Obligor's Name (Last, First, MO 331-52-9302 Employee/Obligor's Social Security Number 0455101673 Employee/Obligor's Case Identifier (See Addendum for plaintiff names PO BOX 998002 associated with cases on attachment) CLEVELAND OH 44199-8002 Custodial Parent's Name (Last, First, Mt See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 1, 128. 00 per month in current support $ 21.67 per month in past-due support Arrears 12 weeks or greater? Dyes ® no $ 0.00 per month in current and past-due medical support $ 0.00 per month for genetic test costs $ per month in other (specify) for a total of $ 1,149.67 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 265.31 per weekly pay period. $ 530.62 per biweekly pay period (every two weeks). $ 574.84 per semimonthly pay period (twice a month). $ 1.149.67 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information i needed (See #9 on page 2). If remitting by EFT/EDI, please call Pennsylvania State Collections and Disbursement Unit (SCDU) Employer Customer Service at 1-877-676-9580 for instructions. Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: Date of Order: AUG 15 2006 Service Type M No u" V For EN-028 OMB No.: 09)0.0154 WorkerlD $IATT I ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS ? If heckl you are required to provide a opy of this form to your. m loyee. If yo r employee orks in a state that is dirOferent from the state that issued this or?er, a copy must be provrc?e?to your employee even if tie box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employeelobligor. 3.* Repo, t, or the Pdyddte/D.te ol Wit! I! IVIding. You must reportthe payfte/dirte0i wittinoicirrigmien be, opnis tire pay ment.-i-ne, You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: 2491016300 EMPLOYEE'S/OBLIGOR'S NAME: ALLRED, TERENCE K. EMPLOYEE'S CASE IDENTIFIER: 0455101673 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Antidiscrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employeelobligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of. 1) the amounts allowed by the Federal Consumer Credit Protection Act (15 U.S.C. §1673 (b)1; or 2) the amounts allowed by the State of the employee's/obligor's principal place of employment. The Federal limit applies to the aggregate disposable weekly earnings (ADWE). ADWE is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; and Medicare taxes. For tribal orders, you may not withhold more than the amounts allowed under the law of the issuing tribe. For tribal employers who receive a state order, you may not withhold more than the amounts allowed under the )aw of the state that issued the order. 10. Additional Info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Submitted By: If you or your employee/obligor have any questions, DOMESTIC RELATIONS SECTION contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by internet www.childsupport.state.pa.us Page 2 of 2 Form EN-028 Service Type M on,BNo,09700,54 WorkerlD $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ALLRED, TERENCE K. PACSES Case Number 802108454 PACKS Case Number Plaintiff Name Plaintiff Name NANCY F. ALLRED Docket Attachment Amount Docket Attachment Amount 06-3966 CIVIL$ 1,149.67 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available through the employee's/obligor's employment. ? If checked, you are required to enroll the child(ren) ? If checked, you are required to enroll the child(ren) identified above in any health insurance coverage available identified above in any health insurance coverage available through the employee's/obligor's employment. through the employee's/obligor's employment. Addendum Form EN-028 Service Type M Worker ID $IATT OMB No. 09]0-0154 G z? a rc -o n? c' ? rn Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant/Counterclaim Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY F. ALLRED Plaintiff/Counterclaim Defendant V. TERENCE K. ALLRED : NO. 06-3966 Civil Term Defendant/Counterclaim Plaintiff CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 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. Cumberland County Bar Association 2 Liberty Avenue, Carlisle, PA 17013 800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. 2 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for DefendanVCounterclaim Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY F. ALLRED Plaintiff/Counterclaim Defendant V. TERENCE K. ALLRED Defendant/Counterclaim Plaintiff NO. 06-3966 Civil Term CIVIL ACTION - DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE WITH COUNTERCLAIM 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. After reasonable investigation, Defendant lacks information or knowledge sufficient to form a belief as to the truth of this averment. COUNT I: DIVORCE NO FAULT 10. Defendant incorporates by reference his answers to the preceding paragraphs. 11. Admitted. Wherefore, Defendant requests entry of a divorce decree under the no-fault sections of the Divorce Code. INDIGNITIES 12. Defendant incorporates by reference his answers to the preceding paragraphs. 13. Denied. Defendant denies that Plaintiff is an innocent and injured spouse. Defendant denies that he has offered indignities to Plaintiff. Defendant denies that he has been mentally cruel to Plaintiff. Defendant denies that he has made Plaintiff's life burdensome and her condition intolerable. Defendant demands proof of these allegations at trial. Wherefore, Defendant requests that the Court deny Plaintiff's request for entry of a divorce decree under section 3301(a)(6) of the Divorce Code. 2 COUNT II: EQUITABLE DISTRIBUTION 14. Defendant incorporates by reference his answers to the preceding paragraphs. 15. This paragraph states a prayer for relief to which no responsive pleading is required. To the extent that an answer is required, Defendant incorporates by reference the averments in his counterclaim for divorce. Wherefore, Defendant requests that the Court equitably divide the marital assets and liabilities. COUNT III: SUPPORT, ALIMONY PENDENTE LITE AND ALIMONY 16. Defendant incorporates by reference his answers to the preceding paragraphs. 17. This paragraph states a prayer for relief to which no responsive pleading is required. To the extent that an answer is required, Defendant incorporates by reference the order for apl which was entered in this proceeding by agreement of the parties. Wherefore, Defendant requests that the Court limit Plaintiff's support and maintenance to the apl payments subject to the consent order. COUNT IV: ATTORNEY'S FEES AND COSTS 18. Defendant incorporates by reference his answers to the preceding paragraphs. 19. Admitted in part; denied in part. Defendant admits that Plaintiff is represented by Barbara Sumple-Sullivan. Defendant denies that Plaintiff lacks the financial means to pursue this divorce action, including paying her counsel fees, costs and expenses, and demands proof of these allegations at trial. 3 Wherefore, Defendant requests that the Court deny Plaintiff's request for counsel fees, costs and expenses. COUNTERCLAIM 20. Defendant/Plaintiff on the Counterclaim ("Counterclaim Plaintiff") incorporates by reference his answers to the Complaint in Divorce. COUNT.I - EQUITABLE DISTRIBUTION 21. During the marriage, Counterclaim Plaintiff and Counterclaim Defendant acquired real and personal property. 22. During the marriage, the parties also acquired debts and obligations. Wherefore, Counterclaim Plaintiff requests the Court to enter an Order equitably dividing all the marital property and the marital liabilities. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant and Plaintiff on the Counterclaim Date: May 9, 2007 4 VERIFICATION I verify that the statements made in the foregoing document 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. It-", Terence K. Allred Date: May D , 2007 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: May 23, 2007 CO 7 i^1 t Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defend ant/Counterclaim Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY F. ALLRED Plaintiff/Counterclaim Defendant V. TERENCE K. ALLRED Defendant/Counterclaim Plaintiff NO. 06-3966 Civil Term CIVIL ACTION - DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on March 27, 2005 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. IY - . 3. 1 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. 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. Defendant/Cou terclaim Plaintiff Date: May,,Za_, 2007 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff IL'CAm4-ti 4? Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: May 23, 2007 ?-.. t ?? t? '"e ? !-?? _ ? { ? y r ; t" ? f.? }? f„''k .{ ... ?; l NANCY F. ALLRED, Plaintiff V. TERENCE K. ALLRED, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 3966 CIVIL ACTION -LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. X (b) I oppose the entry of a divorce decree because the economic issues have not been resolved. (Check (I) (ii) or both): _ (I) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. X (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Dated: NA CY .ALLRED NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. w Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NANCY F. ALLRED, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TERENCE K. ALLRED, Defendant : NO. 06 - 3966 CIVIL ACTION -LAW IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIVAN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the Plaintiff s Counter-Affidavit Under Section 3301(d) of the Divorce Code, in the above-captioned matter upon the following individual(s), by United States first-class mail, postage prepaid, addressed as follows: DATE: June 1, 2007 Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 (717) 774-1445 Supreme Court I.D. 32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 -c? is r c,n +::J tJ 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for DefendanVCounterclaim Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY F. ALLRED . Plaintiff/Counterclaim Defendant V. NO. 06-3966 Civil Term TERENCE K. ALLRED Defendant/Counterclaim Plaintiff CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Terence K. Allred, Defendant/Counterclaim Plaintiff, moves the court to appoint a master with respect to the following claims: Divorce Annulment x Alimony Alimony Pendente Lite and in support of the motion states: x Distribution of Property Support x Counsel Fees x Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested. L-) (2) The non-moving party (has) appeared in the action by her attorney, Barbara Sumple-Sullivan, Esquire. ..... (3) The statutory ground for divorce is section 3301(d). (4) Delete the inapplicable paragraph(s): (a) The aGti uneenteste ... (c) The action is contested with respect to the following claims: equitable distribution, alimony, counsel fees and costs. (5) The action does not involve complex issues of law and fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: None. IL4,0- Date: July E, 2007 Attorney for Defendant AND NOW, July , 2007, E. Robert Elicker, II, Esquire is appointed master with respect to the following claims: equitable distribution, alimony, counsel fees and costs. BY THE COURT: J. MOVING PARTY NON-MOVING PARTY Terence K. Allred Nancy F. Allred Attorney's Information Attorney's Information Theresa Barrett Male, Esquire Barbara Sumple-Sullivan, Esquire 513 North Second Street 549 Bridge Street Harrisburg, PA 17101-1058 New Cumberland, PA 17070-1931 717-233-3220 717-774-1445 tbm@tbmesquire.com Barbs549@aol.com 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: July 9, 2007 N g nib L-) Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant/Counterclaim Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY F. ALLRED Plaintiff/Counterclaim Defendant V. NO. 06-3966 Civil Term TERENCE K. ALLRED . Defendant/Counterclaim Plaintiff CIVIL ACTION - DIVORCE MOTION FOR APPOINTMENT OF MASTER Terence K. Allred, Defendant/Counterclaim Plaintiff, moves the court to appoint a master with respect to the following claims: Divorce Annulment x Alimony Alimony Pendente Lite and in support of the motion states: x Distribution of Property Support x Counsel Fees x Costs and Expenses (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The non-moving party (has) appeared in the action by her attorney, Barbara Sumple-Sullivan, Esquire. (3) The statutory ground for divorce is section 3301(d). (4) Delete the inapplicable paragraph(s): (a) The aGtien as . (c) The action is contested with respect to the following claims: equitable distribution, alimony, counsel fees and costs. (5) The action does not involve complex issues of law and fact. (6) The hearing is expected to take 1 day. (7) Additional information, if any, relevant to the motion: None. Date: July a, 2007 /Z 4 - -f- Z__ I - - - - Attorney for Defendant AND NOW, July 10 , 2007, E. Robert Elicker, ll, Esquire is appointed master with respect to the following claims: equitable distribution, alimony, counsel fees and costs. BY RT: 0 ? J. MOVING PARTY NON-MOVING PARTY Terence K. Allred Nancy F. Allred Attorney's Information Attorney's Information Theresa Barrett Male, Esquire Barbara Sumple-Sullivan, Esquire 513 North Second Street 549 Bridge Street Harrisburg, PA 17101-1058 New Cumberland, PA 17070-1931 717-233-3220 717-774-1445 tbm@tbmesguire.com Barbs549@aol.com ? cr. ? ,? ??-; c t 1...... ?.s,^ ?.'? i? _ ^7 C:? t l C'+1 Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesauire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY F. ALLRED Plaintiff V. NO. 06-3966 Civil Term TERENCE K. ALLRED Defendant CIVIL ACTION - DIVORCE INVENTORY OF DEFENDANT Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. efendant U ASSETS OF THE PARTIES Defendant marks on the list below those items applicable to the case at bar nd itemizes the assets on the following pages. X 1 Real Property X 2 Motor Vehicles X 3 Stocks, bonds, securities and options x 4 Certificates of deposit x 5 Checking accounts, cash x 6 Savings accounts, money market and savings certificates 7 Contents of safe deposit boxes 8 Trusts -- -- - ---- -------- x 9 Life insurance policies (indicate face value, cash surrender value and current beneficiaries) X 10 Annuities X 11 Gifts x 12 Inheritance 13 14 Patents, copyrights, inventions, royalties Personal property outside the home rt 15 Businesses list all owners, including g percentage of ownership, and officer/director positions held by a party with a company) 16 Employment termination benefits - severance pay, workman's compensation claim/award 17 Profit sharing plans x 18 Pension plans (indicate employee contribution and date plan vests) X 19 Retirement plans, Individual Retirement Accounts 20 Disability payments 21 Litigation claims (matured and unmatured) 22 Military/V.A. benefits 23 Education benefits 24 Debts due, including loans, mortgages held x 25 Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) 26 Other - - 2 MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Name of All owners 1 338 10th Street, New Cumberland, PA Joint i 1 Punta Gorda, Belize Land Joint 2 2004 Chevrolet Cavalier Joint 2 3 4 1995 Pontiac Grand Am T. Rowe Price Mutual Fund PNC Joint Joint Joint 5 NCFCU f Joint 5 5 Commerce _ Belize Bank Wife Wife 6 6 NCFCU _ PNC - - Joint Wife -- 6 NCFCU Wife 6 Belize Bank Wife 6 Holy Redeemer C.U. (Belize) Wife 9 Universal Guaranty Life (increase in value of marital portion) Husband 18 CSRS DBP Husband 19 Commerce Bank Retirement Plan Wife 19 Thrift Savings Plan Husband 25 Miscellaneous Personalty Joint 3 NON-MARITAL PROPERTY Plaintiff lists all property in which a spouse has a legal or equitable interest whihc is claimed to be exempt from marital property: Item Number Description of Property Reason for Exclusion 2 1986 Mustang Gift (H) 3 Savings Bonds Property of parties' daughter 4 NCFCU CD Property of parties' daughter 5 Post-separation contributions to checking Post-separation (H) & (W) 6 Post-separation contributions to savings Post-separation (H) & (W) 9 Life Insurance policty Gift (H) 10 Transamerica Annuity Inheritance (H) 19 Post-separation contributions to TSP Post-separation (H) 19 SERS Post-separation (W) 4 PROPERTY TRANSFERRED Item Number Description of Property Date of Transfer Consideration Transferee None identified at this time. LIABILITIES Item Number Description of Property Names of All Creditors Names of All Debtors 1 Mortgage Bank of America Joint 2 Car loan Sovereign Bank Wife PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 4, 2008 C? C CJ C? ? -rt r ? - Eh` rrr CD z J C-i tv Law Office of Theresa Barrett Male Theresa Barrett Male, Esquire, ID # 46439 Andrea Hudak Duffy, Esquire, ID # 60910 513 North Second St., Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesauire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NANCY F. ALLRED Plaintiff V. NO. 06-3966 Civil Term TERENCE K. ALLRED Defendant CIVIL ACTION - DIVORCE INCOME AND EXPENSE STATEMENT OF DEFENDANT I verify that the statements made in this Income and Expense Statement 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. efenda nt / I ?ESLI g 53 13.06 FEHB 321.89 643.78 MEDICARE 43.27 86.55 RETIRE, CSRS 226.91 453.82 DEPARTMENT OF DEFENSE CIVILIAN LEAVE AND EARNINGS STATEMENT 2 PAY DATE Visit the DFAS Web Site at v+ww.dfas.mil 01/17/08 3. NA. ME 4 PAY PLANICRADEISTEP S. HOUNLYIDAILY RATE 6. BASIC OT RATE 7. BASIC PAY LOCAIITV ADJ ADJUSTED BASIC PA ALLRED TERENCE K GS 12 09 40.52 40.52 71317.00 13258.00 84575.00 S. LOCALITY % 10 FLSA CATEG'>RY II. SCD LEAVE it. MAX LEAVE CARRY OVER 1:1. LEAVE YEAR END t SOC SEC NO 9302 18.59 E 12/16/81 1 240 01/05/08 /4. FINANCIAL INSTITUTION - NET PAY IS. FINANCIAL INSTITUTION - ALLOTMENT 81 16 FINANCIAL INSTITUTION - ALLOTMENT 12 NEW CUMBERLAND FCU IT. TAX MARITAL EXEMPTIONS ST T S ADDL It TAX STATUS EXEMPTIONS ADD'L TAXING AUTHORITY IS. CUMULATIVE RETIREMENT 20. MILITARY DEPOSIT A FED M 3 421788 M NEW CUMB BORO CSRS: PA M 57096.84 21- CURRENT YEAR TO DATE 22. GROSS PAY 3241.60 6483.20 TAXABLE WAGES 2984.65 5969.30 NONTAXABLE WAGES 256.95 513.90 TAX DEFERRED WAGES DEDUCTIONS 1595.63 3243.27 AEIC NET PAY 1645.97 3239.93 CURRENT EARNINGS TYPE HOURS/DAYS AMOUNT TYPE HOURS/DAYS AMOUNT TYPE HOURS/DAYS AMOUNT REGULAR PAY 80.00 3241.60 DEDUCTIONS TYPE CODE CURRENT YEAR TO DATE TYPE CODE CURRENT YEAR TO DATE CHLD SUP,GRN 530.62 1061.24 FEGLI Z1 13.05 26.10 FEGLI OPTNL ABC 61.80 123.60 FEHB SW2 256.95 513.90 MEDICARE 43.27 86.55 ORG/UNION JDKA 12.00 24.00 RETIRE, CSRS 1 226.91 453.82 TAX, FEDERAL 316.12 632.24 TAX, LOCAL 421788 43.28 86.56 TAX,LOC OCC 420861 52.00 TAX, LOCAL 420862 TAX,LOC OCC 420862 TAX, STATE PA 91.63 183.26 LEAVE TYPE PRIOR YR ACCRUED ACCRUED USED USED DONATED/ CURRENT USE-LOSE BALANCE PAY PD YTD PAY PD YTD RETURNED BALANCE TERM CAT ANNUAL 232.00 8.00 208.00 200.50 239.50 SICK 995.50 4.00 104.00 86.50 1013.00 HOLIDAY 24.00 88.00 ADMIN 5.00 BENEFITS PAID BY GOVERNMENT FOR YOU TYPE CURRENT YEAR TO DATE TYPE CURRENT YEAR TO DATE REMARKS YOUR PAYROLL OFFICE ID NUMBER IS 97380800 - DEPARTMENT OF DEFENSE. PRETAX FEHB EXCLUSION a 256.95 .... .................................................................................... WAS FORM 1 1 REV 110 CnRIFrT Tel THE PRIVACY ACT OF 1974 AS AMENDED EXPENSES WEEK MONTH YEAR EXPENSES WEEK MONTH YEAR Home Education Mortgage/Rent $ 548.30 Private School Maintenance $ 100.00 Parochial School Utilities Electric Gash $ 120.00 College Religious j Personal $ 1,667.00 '? Oil Clothing $ 67.00 Telephone $ 50.00 Food $ 550.001 Water $ 50.00 Barber/hairdresser $ 4_2bn_ Sewer $ 35.00 Credit Payments Employment Credit Card Public Transportation Charge Lunch Taxes Real Estate $ 100.00 Memberships Loans Credit Unio n Personal Property Insurance Homeowners _ Automobile $ 70.00 Miscellaneous Life Household Help Accident Child Care Health Papers/books/mag _ Other _ Entertainment 40.00 Automobile Pay TV Payments Vacation Fuel $ 150.00 Gifts $ 25.00 Repairs $ 150.00 Legal fees $ 445.00 j Medical Charitable contributions Doctor Dentist Orthodontist Hospital $ 7.00 $ 40.00 Other child support apl Other $ 1,150.00 - Medicine $ 60.00 Special Needs Glasses $ 35.00 Braces Orthopedic devices Subtotal $ 1,515.30 Subtotal $ 3,948.25. Total Monthly $ 5,463.55 V PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 Attorney for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 Andrea Hudak Duffy, Esquire Supreme Court # 60910 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: February 4, 2008 -TI --e t ? Co M r> _. O Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NANCY F. ALLRED, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TERENCE K. ALLRED, Defendant NO. 06-3966 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: - / ©! - N Y F. ALLRED OF FILED--C , i` p OF THE" P ii-"- l"tR.d,"4TAR?,/ 3 2009 JUL 15 FM 12-- 0:3 CllG a .. u i f--'N Y. W-' ,N A Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NANCY F. ALLRED, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TERENCE K. ALLRED, Defendant NO. 06-3966 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 12, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the filing and service of 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: AJL16e J_n q OF THE PP?"7 f., )NO!ARY 2009 JUL 15 F 12: 0 4 NANCY F. ALLRED, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 06 - 3966 CIVIL TERENCE K. ALLRED, Defendant IN DIVORCE ORDER OF COURT 4 /) 41j AND NOW, this 0 day of , 2009, the economic claims raised in the proceedi gs having been resolved in accordance with a marital settlement agreement dated June 15, 2009, 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, Edgar cc: ,-frarbara Sumple-Sullivan Attorney for Plaintiff .,-Irndrea Hudak Duffy Attorney for Defendant OF THE 2009 JUL 22 PM 1: 50 K,- l . 'gib 3 LVA' ?N t?, ?iti1/• ?? t4t I1? r4 MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of -nLX?!? , 2009, by and between TERENCE K. ALLRED, hereinafter referred to as "HUSBAND", and NANCY F. ALLRED, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 5, 1981, in Denver, Colorado; WHEREAS, one (1) child was born of this marriage and is emancipated; [WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them - relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as FINAL, follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Andrea Hudak Duffy, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. FINAL 2 a 2. PERSONAL RIGHTS HUSBAND and WIFE 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 if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. FINAL 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. WIFE shall file the affidavits, the waivers and all other documents necessary to secure the divorce decree within 14 days of HUSBAND'S execution of this agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall FINAL a not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other parry, they will forthwith execute and deliver to the other party, 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. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all - rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative FINAL or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each parry gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 8. SUCCESSOR'S 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. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE 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. FINAL 6 11. BINDING EFFECT OF AGREEMENT/WAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either parry breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to FINAL declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake. The party responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the present possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of FINAL R the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE 1) 338 10'h Street, New Cumberland Pennsylvania: The parties jointly own property at 338 10t' Street, New Cumberland, Pennsylvania. Said house is encumbered by a mortgage held by Bank of America (Acct. Number 6030627878) in the approximate amount of TWENTY- TWO THOUSAND SEVEN HUNDRED NINETY EIGHT DOLLARS ($22,798.00). HUSBAND desires to maintain said home and reside therein. WIFE agrees to convey all her rights, title and interest in the real estate to HUSBAND upon the condition that HUSBAND 09 19 55(JI7?c S refinances f the existing mortgage debt and pays to WIFE the sum of FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($57,500.00) within THIRTY (30) days of the date of this agreement. HUSBAND shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate and HUSBAND shall indemnify and hold WIFE harmless for said debts. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by counsel for WIFE and record upon HUSBAND'S ? successful completion of the refinancingpof the mortgage debt and the cash FINAL 9 ?l payment to WIFE of FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($57,500.00). O/Z 4SScII?7^f ?,) /J In the event that such refinanc(pot completed within THIRTY (30) days of the date of this agreement, the house shall be immediately listed for sale at a reasonable, market price and said sale shall be diligently pursued by HUSBAND. Upon sale, all of the proceeds shall be the sole property of HUSBAND. Pending the sale, HUSBAND shall be solely responsible for any past, present and future principal, interest, penalties and mortgage costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND shall be solely responsible for all costs of repair or alterations to the property. C€r?-C RPI I- 2) Ogaldez Street, Belize, Seiith America: The parties jointly own a lot on Ogaldez Street C?rl'tF?P1 L in Belize,-&euth America. This lot is valued at approximately THREE THOUSAND ONE HUNDRED AND FOUR DOLLARS ($3,104.00). WIFE desires to maintain said lot as her sole and separate property. HUSBAND agrees to convey all his rights, title and interest in the real estate to WIFE. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate and WIFE shall indemnify and hold HUSBAND harmless for said debts. HUSBAND agrees to execute a quitclaim deed upon request by WIFE, if necessary. C. MOTOR VEHICLES The parties acquired two (2) vehicles during the marriage being a 2004 Chevrolet Cavalier driven by WIFE and a 1995 Pontiac Grand Am driven by HUSBAND. The parties agree that each party shall maintain as his or her sole or separate property the vehicle which he or FINAL 10 she drives. Each party hereby waives, relinquishes and releases any claim in the vehicle, which shall be the sole and separate property of the other. WIFE'S vehicle is encumbered by a loan to Sovereign Bank. WIFE agrees to indemnify and hold HUSBAND harmless of said debt. Each party agrees to promptly coordinate and cooperate in the transfer of titles to the vehicles, if necessary. D. FINANCIAL ASSETS: The parties agree that the financial accounts existing at the time of separation have been or will be divided as follows: TO WIFE: a) Joint T. Rowe Price Mutual Fund Acct. No. X6580) $ 3,312.23 b) Portion of Joint PNC Certificate of Deposit (Acct. No. 0007679) $12,027.72 c) Wife's Commerce Bank Checking (Acct. No.11M 778) $ 2,097.02 d) Wife's PNC Savings (Acct. No. X4564) $ 2,816.69 e) Wife's NCFCU Savings (Acct. No.r2319) $ 2,895.24 f) Wife's Belize Bank (Acct. No.MM502) $ 696.83 g) Wife's Belize Bank Savings Acct. No.JW57) $ 677.49 h) Wife's Holy Redeemer Credit Union (Acct. No.4* 312) $ 58.63 TO HUSBAND: a) Joint NCFCU Checking (Acct. No.JM2:S1) $ 6,322.35 b) Joint NCFCU Savings (Acct. No.M52:54) $ 2,079.30 FINN. 11 Portion of Joint PNC Certificate of Deposit Acct. No.zwmw?1679) $11,913.30 Further, the parties agree that after WIFE has retained sums necessary to satisfy all tax liability and costs incurred resulting from bond redemption, the net value of the U.S. Savings 0Bonds in WIFE's control will be used solely to pay promptly for any of Kelly Allred's (the parties' WJ daughter) education related expenses (including but not limited to tuition, books, fees, room and board, living expenses, transportation, student loans, etc.) for undergraduate and graduate school, continuing education, vocational training, etc. until such funds are exhausted. The parties also agree that the NCFCU Certificate of Deposit (Account No.***099) shall be transferred to Kelly Allred within thirty (30) days after HUSBAND'S execution of this 0 A agreement. ? E. PENSION AND RETIREMENT ACCOUNTS: The parties each owned certain pension and retirement accounts at the time of separation. The parties agree that these benefits shall be divided as follows: TO WIFE: a) Commerce Bank Retirement Savings Plan: The marital value of this plan is ONE THOUSAND FOUR HUNDRED AND TWENTY FOUR DOLLARS and 22/100 ($1,424.22). WIFE shall retain this plan as her sole and separate property. HUSBAND waives any and all claims to said plan. FINAL 12 TO HUSBAND: a) FERS Thrift Savings Plan This plan consists of FIVE THOUSAND THREE HUNDRED NINETY-FOUR and 7554/1000 (5,394.7554) shares invested in the C Fund. All C Fund shares shall be paid to WIFE pursuant to a Qualified Domestic Relations Order or similar authorized method to effectuate a tax-free rollover so that said transfer shall not result in the imposition of any tax liability to either party. Counsel for HUSBAND shall be responsible for preparing the documents necessary for the transfer of the shares from the plan. A copy of the Qualified Domestic Relations Order is attached hereto as Exhibit "A." Annual Leave: HUSBAND has received certain annual leave benefits through his employment with the Federal Government. The marital value of HUSBAND' annual leave is approximately EIGHT THOUSAND NINE HUNDRED AND NINETY TWO DOLLARS and 72/100 ($8,992.72). HUSBAND shall retain this benefit as his sole and separate property. WIFE waives any and all claims to said benefit. c) CSRS Annuity: HUSBAND is the owner of a Civil Service Retirement System Annuity. The marital value of said annuity shall be divided upon HUSBAND's retirement with Wife receiving 55% (which equates to 38.2% after the social security offset) and HUSBAND receiving the balance. This division of the monthly annuity shall be accomplished by a Qualified Domestic Relations Order or similar authorized method in the form attached hereto as Exhibit "B." This transfer shall provide WIFE with a survivor annuity (based on the marital portion of HUSBAND'S gross monthly annuity) and the costs thereof shall be paid from HUSBAND's share of the pension. Counsel for HUSBAND has retained Conrad Siegel to prepare the document necessary for the FINAL 13 transfer of the benefit to WIFE. The cost of preparation of the Qualified Domestic Relations Order shall be shared equally by the parties. F. INHERITANCE HUSBAND received certain assets from his Mother gifted to him during the marriage and through inheritance following her death in 2007. These assets were a Universal Life Insurance Policy (No. ON" 1446), a 1986 Ford Mustang and Transamerica Annuity (No. #ARM HUSBAND has been attributed the marital increase in value of the Universal Life Insurance Policy of FIVE HUNDRED AND THREE DOLLARS ($503.00) through the parties' negotiations. The parties agree that the remaining inheritance received has not produced any increase in value during the marriage. HUSBAND shall retain these assets as his sole and separate property and WIFE waives any and all claims to said gifts and inheritance, or the increase in value thereon. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. HUSBAND shall be liable and responsible for the PNC Credit Card No. 255 and will indemnify and hold WIFE harmless from the same and agrees to be FINAL 14 responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from any debt incurred during the marriage. To the best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION III 1. ALIMONY. ALIMONY PENDENTE LITE, SUPPORT. MAINTENANCE AND COUNSEL FEES There is currently in existence in the Court of Common Pleas, Cumberland County, Pennsylvania, Domestic Relations Division, Docket No. 06-3966, PACSES Case No. 802108454, an Order for alimony pendente lite in the amount of FIVE HUNDRED THIRTY DOLLARS and 62/100 ($530:62) bi-weekly, payable to WIFE. Said Order shall continue in effect until the ent yof a Decree in Divorce at which time the payment shall terminate. Any arrearage on the Order shall be paid by HUSBAND within ten (10) days of the date of the Order's termination. Upon the entry of the Decree in Divorce, HUSBAND agrees to pay to WIFE the sum of FOUR HUNDRED DOLLARS ($400.00) bi-weekly as alimony beginning on the day following the date of entry of the Decree in Divorce. The payment shall continue to be made through Domestic Relations Docket No. 06-3966, PACSES Case No. 802108454. HUSBAND's alimony payment shall be non-modifiable as to amount and shall terminate only upon the first to occur of the following: (1) The retirement of HUSBAND from his employment with the Federal Government so that his CSRS annuity payable to WIFE shall go into pay status; (2) Death of HUSBAND; (3) Death of WIFE; or (4) WIFE'S remarriage or cohabitation. Except as herein provided, both parties shall waive any other claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony FINAL 15 pendente lite or counsel fees. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. c TNESS TERENCE K. LRED WITNESS ?-?& If 'eld - t*- 0 ??- N Y K LRED FINAL 16 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF rFVV"kf-J ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Terence K. Allred, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this i 6 day of , 2009. NOTARY PUBLIC M*OA My commission expires: COMMONWEALTH OF PENNSYLVANIA -Notarial Seal Susan C. Appleby, Notary Pubrc CRY (SEAL) M Cwv*sion EVIres Dec. 2 20110 Pennsylvania Association of Notaries COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Nancy F. Allred, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. ibed to before me this J/. NOTARY PUBLIC My commission expires: day of , 2009. (SEAL) COMMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara SunpleSulGvan, Notary Public New Cumberland Boro. Cumberland County W Commission Expires. Nov. 15, 2011 Member, Pennsylvania Association of Notaries FINAL 17 EXHIBIT "A" 1'^ ? F ?. 1 Nancy F. Allred IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW- IN DIVORCE Terence K. Allred NO.. 06-3966 Defendant 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 Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). 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 ofmarital property rights to the Alternate Payee. 4. This DRO applies. to the Thrift Savings Plan ("Plan") and any successor. thereto. Terence K Allred ('Participant") is a Participant in the Plan. Nancy F. Allred ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. - The Participant's name, iuailing address, Social Security number and date of birth are: Terence K Allied 338 10t]? Street New Cumberland, PA 17070 Social Security No.: 331-52-9302 Date of Birth. July 21, 1955 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: DRO Page 2 of 4 Nancy F. Allred 425 Haldeman Avenue, Apt. #2 New Cumberland, PA 17070 Social Security No.: 523-33-9812 Date of Birth: August 23, 1957 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. This Order assigns to Alternate Payee an amount equal to 100% the Participant's total account balance accumulated under the Plan. In no event shall the Alternate Payee receive more than the Participant's vested account balance on the date of distribution. 8. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment. 10. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 11. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This DRO does not require the Plan to provide increased benefits. 13. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 1 DRO Page 3 of 4 14. ' 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 order, 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 assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received-such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 15. After payrrient of the amount. required by this DRO, the Alternate Payee shall have no fiu-ther claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. 17. In the event the Participant predeceases the Alternate. Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated- herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 18. If the 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. 19. 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. DRO Page 4 of 4 EXECUTED this day of f 1 BY THE COURT Judge CONSENT TO ORDER: Plaintiff'Aiternate Payee Date Defendant/Participant Date for Plaintiff! Date Attorney for Defendant/ Date Attorney Participant Alternate Payee • ? r r , i 4 Nancy F. Allred Plaintiff r' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA .VS.' CIVIL ACTION - LAW - IN DIVORCE Terence K_-Allred NO. 06-3966 Defendant 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 Civil Service Retirement System ("Plan") and any successor thereto. Terence K. Allred. ('Participant") is a Participant in the Plan_ Nancy F. Allred ("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: Terence K Allred 38810 Street New Cumberland, PA 17070 Social Security No.: 331-52-9302 Date of Birth: July 21, 1955 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: . DRO Page 2 of 5 Nancy F. Allred 425 Haldeman Avenue, Apt. #2 New Cumberland, PA 17070 Social Security No:: 523=33-9812 Date of Birth: August 23, 1957 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. 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. 8. This DRO assigns to Alternate Payee an amount equal to" 38.20%b of the marital portion of the Participant's gross monthly annuity accrued under the Plan as of the, date of cessation of benefit accruals. The marital portion of the Participant's gross monthly, annuity shall be determined by multiplying the Participant's gross monthly annuity by a fraction (less than or equal to L0), the numerator of which is the total number of months of creditable service earned by the Participant as of March 31, 2005; the date of separation, and the denominator of which is the total number of months of creditable service earned by the Participant as of the date of cessation of benefit accruals. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 9. Payments to Alternate Payee shall commence the date payments commence to the Participant.. 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. 10: 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. A DRO Page 3 of 5 11: The Alternate Payee is awarded a former spouse survivor annuity. The amount of the former spouse survivor annuity shall be equal to the maximum survivor annuity based upon the marital portion of the Participant's gross monthly annuity. This former spouse survivor annuity applies if the Participant dies before his benefits commence or if the Participant dies after his benefits commence. The costs associated with providing this former spouse survivor annuity coverage shall be paid by the Participant. Participant agrees to take allnecessary steps to elect Alternate Payee as designated beneficiary for the purposes of establishing and sustaining such former spouse coverage for Alternate Payee. The Participant retains full discretion to elect survivor benefit coverage with respect to the gross monthly annuity in excess of the marital portion of the gross monthly benefit. 12. If Participant leaves Federal service before retirement and applies for a refimd of employee contributions under the Plan, the OPM is.directed not to pay the Participant a refund of such employee contributions. 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 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 Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 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 a DRO Page 4 of 5 t ,. shall forthwith pay such amounts so received directly to the Participant within ten. (10) days of receipt- 16. In the event the Participant makes a one-time irrevocable election to transfer into the Federal Employees Retirement System ("FERS") before his retirement, then Alternate Payee shall be entitled to a portion of the Participant's Basic Annuity and/or a Refund of employee contributions under FERS'calculated,in a manner similar to that which is enumerated in sections S, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable directly from FIRS. Additionally, Alternate Payee-shall be entitled'to a former spouse survivor annuity payable under FEES and determined in a similar manner to the survivor benefits set forth under Section 11 above. Further, such former spouse survivor annuity shall be payable directly from FERS. IT 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. 18. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments or withdrawals from the Plan. 19. 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. i DR.O Page 5 of 5 day of Accepted and Ordered this CONSENT TO ORDER.: Date Plaintiff/Alternate Payee BY THE COURT Judge Defend Int(Part"'Pant Date Attorney for Defendant/ Date Date Attorney for Plaintiff/ Participant Alternate Payee L • w crc aC4?lwy a(wi J;? L MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this 16 day of , 2009, by and between TERENCE K. ALLRED, hereinafter referred to as "HUSBAND", and NANCY F. ALLRED, hereinafter referred to as "WIFE". WITNESSETH, That: WHEREAS, the parties hereto are husband and wife, having been lawfully joined in marriage on August 5, 1981, in Denver, Colorado; WHEREAS, one (1) child was born of this marriage and is emancipated; WHEREAS, it is the intention of the parties to settle fully and finally their respective financial and property rights and obligations as between each other arising out of the marriage relationship or otherwise, including without limitation (1) the settling of all matters between them relating to the ownership of real and personal property; (2) the settling of all matters between them relating to the past, present and future support and/or maintenance of HUSBAND and WIFE; and (3) the settling of all matters between them relating to any and all rights, titles and interests, claims and possible claims in or against the estate of the other. NOW THEREFORE, with the foregoing recitals being hereinafter incorporated by reference and deemed an essential part hereof in consideration of the foregoing recitals, the mutual promises, covenants and undertakings herein set forth, and for good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby, covenant and agree as FINAL follows: SECTION I GENERAL PROVISIONS 1. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan, Esquire. HUSBAND has been independently represented by Andrea Hudak Duffy, Esquire. Each party further declares that they are executing this Agreement freely and voluntarily, having obtained such knowledge and disclosure of their legal rights and obligations. Each party acknowledges that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other, including their assets, liabilities and income. Each of the parties acknowledge and agree that, after having received such information and with such knowledge, this Agreement is fair, reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal Agreement. FINAL 2 2. PERSONAL RIGHTS HUSBAND and WIFE 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 if she or he were unmarried, except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken, however, to be an admission on the part of either HUSBAND or WIFE of the lawfulness of the causes which led to, or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest, harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her, nor in any way interfere with the peaceful existence, separate from each other. 3. FINANCIAL DISCLOSURE The parties have fully disclosed to each other the extent of each other's income, assets, liabilities, holdings and estate. Each party warrants that the information provided has fully and accurately described the extent of his or her holdings. Each of the parties acknowledge that he or she is aware of his or her right to seek discovery including, but not limited to, written interrogatories, motions for document production, depositions, and other means of discovery available through the Pennsylvania Rules of Civil Procedure. The parties acknowledge that they have had the right to have property fully appraised. Each party is fully satisfied that no additional information is necessary for the execution of this Agreement. FINAL 3 4. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions concurrently with the execution of this Agreement. The parties agree that the Affidavits of Consent and the Waivers of Notice shall be signed simultaneously with the execution of this Agreement. WIFE shall file the affidavits, the waivers and all other documents necessary to secure the divorce decree within 14 days of HUSBAND'S execution of this agreement. 5. SUBSEQUENT DIVORCE A decree in divorce, entered by the court of Cumberland County, shall not suspend, supersede or affect the terms of this Agreement. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as HUSBAND and WIFE, or attempt a reconciliation. This Agreement shall continue in full force and effect and there shall not be a modification or waiver of any of the terms hereof unless the parties, in a writing signed by both parties, execute a statement declaring this Agreement or any term of this Agreement to be null and void. Both parties hereto agree that this Agreement shall be incorporated by reference but shall FINAL 4 not be deemed merged into any judgment or decree for divorce obtained by either party. 6. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party, they will forthwith execute and deliver to the other party, 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. 7. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement, A. Each party hereby absolutely and unconditionally releases and forever discharges the other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtesy, widow'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 Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative FINAL 5 or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. S. SUCCESSOR'S 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. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 10. ENTIRE AGREEMENT HUSBAND and WIFE 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. FINAL 6 11. BINDING EFFECT OF AGREEMENTMAIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature, nor shall such failure be construed as a waiver of any other term, condition, clause or provision of this Agreement. 12. BREACH If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 13. CONTROLLING LAW This Agreement shall be construed and governed in accordance with the laws of the Commonwealth of Pennsylvania. 14. TAX RETURNS The parties agree that in the future if any penalties or interest or any liability for failure to FINAL declare income or the wrongful claiming of any deduction shall be assessed by the United States Internal Revenue Service or the Commonwealth of Pennsylvania, or any other state as a consequence of the parties' Federal and State income tax returns which were filed jointly by the parties, said tax, penalties or interest shall be the sole responsibility of the party found to have made the mistake. The party responsible for the mistake shall suffer the consequences solely and hold the opposite party harmless. Each party agrees to hold the other party harmless from any penalty, interest or liability for such reason arising out of the filing or failure to file any past tax return. If the liability is the result of a computation error or an error not attributable to the intentional or grossly negligent conduct of either party, the parties shall share equally in all future tax liability or tax assessment, penalties and interest. SECTION II EQUITABLE DISTRIBUTION During the marriage, the parties have accumulated various assets and liabilities, the disposition of which is intended as follows: 1. ASSETS A. PERSONAL and HOUSEHOLD PROPERTY HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non-marital and marital personal and household property, including but without limitation, jewelry, clothes, furniture, and other assets. HUSBAND agrees that all assets in the present possession of WIFE shall be the sole and separate property of WIFE and, WIFE agrees that all assets in the present possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of FINAL 8 the parties do hereby specifically waive, release, renounce and forever abandon whatever claims, if any, he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. B. REAL ESTATE 1) 338 10t` Street, New Cumberland, Pennsylvania: The parties jointly own property at 338 10`h Street, New Cumberland, Pennsylvania. Said house is encumbered by a mortgage held by Bank of America (Acct. Number 6030627878) in the approximate amount of TWENTY- TWO THOUSAND SEVEN HUNDRED NINETY EIGHT DOLLARS ($22,798.00). HUSBAND desires to maintain said home and reside therein. WIFE agrees to convey all her rights, title and interest in the real estate to HUSBAND upon the condition that HUSBAND OR 19 55U179C s refinance sfthe existing mortgage debt and pays to WIFE the sum of FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($57,500.00) within THIRTY (30) days of the date of this agreement. HUSBAND shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate and HUSBAND shall indemnify and hold WIFE harmless for said debts. WIFE agrees to execute a deed simultaneously with the execution of this Agreement wherein she assigns, conveys and transfers to HUSBAND all of her interest, rights and title in the marital residence. This deed shall be held in escrow by counsel for WIFE and record upon ,qd O/Z R.5-5-07Y, A HUSBAND'S successful completion of the refinancingpof the mortgage debt and the cash FINAL 9 ?l payment to WIFE of FIFTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS ($57,500.00). 09 4ss(J17q ^013 i s In the event that such refinance%not completed within THIRTY (30) days of the date of this agreement, the house shall be immediately listed for sale at a reasonable, market price and said sale shall be diligently pursued by HUSBAND. Upon sale, all of the proceeds shall be the sole property of HUSBAND. Pending the sale, HUSBAND shall be solely responsible for any past, present and future principal, interest, penalties and mortgage costs as well as any taxes, insurance and/or any debts associated with the real estate. HUSBAND shall be solely responsible for all costs of repair or alterations to the property. C&J-t RAL 2) Ogaldez Street, Belize, Seuth America: The parties jointly own a lot on Ogaldez Street c .iiL in Belize, Seeth America. This lot is valued at approximately THREE THOUSAND ONE HUNDRED AND FOUR DOLLARS ($3,104.00). WIFE desires to maintain said lot as her sole and separate property. HUSBAND agrees to convey all his rights, title and interest in the real estate to WIFE. WIFE shall be fully responsible for any past, present and future principal, interest, penalties and costs as well as any taxes, insurance and/or any debts associated with the real estate and WIFE shall indemnify and hold HUSBAND harmless for said debts. HUSBAND agrees to execute a quitclaim deed upon request by WIFE, if necessary. C. MOTOR VEHICLES The parties acquired two (2) vehicles during the marriage being a 2004 Chevrolet Cavalier driven by WIFE and a 1995 Pontiac Grand Am driven by HUSBAND. The parties agree that each party shall maintain as his or her sole or separate property the vehicle which he or FINAL 10 she drives. Each party hereby waives, relinquishes and releases any claim in the vehicle, which shall be the sole and separate property of the other. WIFE'S vehicle is encumbered by a loan to Sovereign Bank. WIFE agrees to indemnify and hold HUSBAND harmless of said debt. Each party agrees to promptly coordinate and cooperate in the transfer of titles to the vehicles, if necessary. D. FINANCIAL ASSETS: The parties agree that the financial accounts existing at the time of separation have been or will be divided as follows: TO WIFE: a) Joint T Rowe Price Mutual Fund Acct. No. X6580) $ 3,312.23 b) Portion of Joint PNC Certificate of Deposit (Acct. NoAUM7679) $12,027.72 c) Wife's Commerce Bank Checking (Acct. No.MMM 778) $ 2,097.02 d) Wife's PNC Savings (Acct No. X4564) $ 2,816.69 e) Wife's NCFCU Savings (Acct. NAV2319) $ 2,895.24 f) Wife's Belize Bank (Acct. No.MM502) $ 696.83 g) Wife's Belize Bank Savings Acct. No. M57) $ 677.49 h) Wife's Holy Redeemer Credit Union (Acct. No.M 312) $ 58.63 TO HUSBAND: a) Joint NCFCU Checking (Acct. No. IM2: S 1) $ 6,322.35 b) Joint NCFCU Savings (Acct. No.M52:S4) $ 2,079.30 FINAL 11 c) Portion of Joint PNC Certificate of Deposit (Acct. No.?679) $11,913.30 Further, the parties agree that after WIFE has retained sums necessary to satisfy all tax liability and costs incurred resulting from bond redemption, the net value of the U.S. Savings Bonds in WIFE's control will be used solely to pay promptly for any of Kelly Allred's (the parties' daughter) education related expenses (including but not limited to tuition, books, fees, room and board, living expenses, transportation, student loans, etc.) for undergraduate and graduate school, continuing education, vocational training, etc. until such funds are exhausted. The parties also agree that the NCFCU Certificate of Deposit (Account No.***099) shall be transferred to Kelly Allred within thirty (30) days after HUSBAND'S execution of this agreement. E. PENSION AND RETIREMENT ACCOUNTS: The parties each owned certain pension and retirement accounts at the time of separation. The parties agree that these benefits shall be divided as follows: TO WIFE: a) Commerce Bank Retirement Savings Plan: The marital value of this plan is ONE THOUSAND FOUR HUNDRED AND TWENTY FOUR DOLLARS and 22/100 ($1,424.22). WIFE shall retain this plan as her sole and separate property. HUSBAND waives any and all claims to said plan. FINAL 12 TO HUSBAND: a) FERS Thrift Savings Plan This plan consists of FIVE THOUSAND THREE HUNDRED NINETY-FOUR and 7554/1000 (5,394.7554) shares invested in the C Fund. All C Fund shares shall be paid to WIFE pursuant to a Qualified Domestic Relations Order or similar authorized method to effectuate a tax-free rollover so that said transfer shall not result in the imposition of any tax liability to either party. Counsel for HUSBAND shall be responsible for preparing the documents necessary for the transfer of the shares from the plan. A copy of the Qualified Domestic Relations Order is attached hereto as Exhibit "A." b) Annual Leave: HUSBAND has received certain annual leave benefits through his employment with the Federal Government. The marital value of HUSBAND's annual leave is approximately EIGHT THOUSAND NINE HUNDRED AND NINETY TWO DOLLARS and 72/100 ($8,992.72). HUSBAND shall retain this benefit as his sole and separate property. WIFE waives any and all claims to said benefit. c) CSRS Annuity: HUSBAND is the owner of a Civil Service Retirement System Annuity. The marital value of said annuity shall be divided upon HUSBAND's retirement with Wife receiving 55% (which equates to 38.2% after the social security offset) and HUSBAND receiving the balance. This division of the monthly annuity shall be accomplished by a Qualified Domestic Relations Order or similar authorized method in the form attached hereto as Exhibit "B." This transfer shall provide WIFE with a survivor annuity (based on the marital portion of HUSBAND'S gross monthly annuity) and the costs thereof shall be paid from HUSBAND's share of the pension. Counsel for HUSBAND has retained Conrad Siegel to prepare the document necessary for the FINAL 13 transfer of the benefit to WIFE. The cost of preparation of the Qualified Domestic Relations Order shall be shared equally by the parties. F. INHERITANCE HUSBAND received certain assets from his Mother gifted to him during the marriage and through inheritance following her death in 2007. These assets were a Universal Life Insurance Policy (No. 4100 1446), a 1986 Ford Mustang and Transamerica Annuity (No. 401W 199). HUSBAND has been attributed the marital increase in value of the Universal Life Insurance Policy of FIVE HUNDRED AND THREE DOLLARS ($503.00) through the parties' negotiations. The parties agree that the remaining inheritance received has not produced any increase in value during the marriage. HUSBAND shall retain these assets as his sole and separate property and WIFE waives any and all claims to said gifts and inheritance, or the increase in value thereon. 2. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement, neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold harmless from and against all future obligations of every kind incurred by them, including those for necessities. HUSBAND shall be liable and responsible for the PNC Credit Card No. 3255 and will indemnify and hold WIFE harmless from the same and agrees to be FINAL 14 responsible for all attorneys' fees incurred by WIFE in defense of any claim or suit brought against her arising from any debt incurred during the marriage. To the best of the parties' knowledge, the parties affirm no other joint debts exist and all joint credit cards are terminated. SECTION III 1. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT, MAINTENANCE AND COUNSEL FEES There is currently in existence in the Court of Common Pleas, Cumberland County, Pennsylvania, Domestic Relations Division, Docket No. 06-3966, PACSES Case No. 802108454, an Order for alimony pendente lite in the amount of FIVE HUNDRED THIRTY DOLLARS and 62/100 ($530.62) bi-weekly, payable to WIFE. Said Order shall continue in effect until the entry of a Decree in Divorce at which time the payment shall terminate. Any arrearage on the Order shall be paid by HUSBAND within ten (10) days of the date of the Order's termination. Upon the entry of the Decree in Divorce, HUSBAND agrees to pay to WIFE the sum of FOUR HUNDRED DOLLARS ($400.00) bi-weekly as alimony beginning on the day following the date of entry of the Decree in Divorce. The payment shall continue to be made through Domestic Relations Docket No. 06-3966, PACSES Case No. 802108454. HUSBAND's alimony payment shall be non-modifiable as to amount and shall terminate only upon the first to occur of the following: (1) The retirement of HUSBAND from his employment with the Federal Government so that his CSRS annuity payable to WIFE shall go into pay status; (2) Death of HUSBAND; (3) Death of WIFE; or (4) WIFE'S remarriage or cohabitation. Except as herein provided, both parties shall waive any other claims or demands that either may now or hereafter have against the other for support, maintenance, alimony, alimony FINAL 15 pendente lite or counsel fees. SECTION V 1. CONDITION PRECEDENT TO THE AGREEMENT'S EFFECTIVENESS The parties acknowledge that this Agreement shall become effective when actually signed by both parties. ERENCE K. LRED N Y F. LRED FINAL 16 Iit/ U.//L"I & at WITNESS COMMONWEALTH OF PENNSYLVANIA ) p P?t?P?t,?J ) SS. COUNTY OF ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Terence K. Allred, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of his knowledge, information and belief. Affirmed and subscribed to before me this i 6b- day of =?_, 2009. Lz?:nj-n eckL?04?' NOTARY PUBLIC My commission expires: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan (SEAL) City OfHarnrg C. Appleby, Notary Public My Commission Bores Dec. 28, 2010 Pennsylvania Association of Notaries ) ) SS. Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared Nancy F. Allred, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing Marital Settlement Agreement are true and correct to the best of her knowledge, information and belief. to before me this ARY PUBLIC M FINAL expires: U)MMONWEALTH OF PENNSYLVANIA Notarial Seal Barbara SumpleSuilivan,Notary Public N,n,;e Cumberand Boro, Cumberland County FO- Cz!xn Expires Nov. 15, 2011 -anon of Notaries 17 /j / day of &a-)2009. (SEAL) o ? } ? t t t Nancy F. Allred Plaintiff VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE Terence K. Allred NO. 06-3966 Defendant 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 Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ('Board"). 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 Altenaate Payee. 4. This DRO applies. to the Thrift Savings Plan ('Plan") and any successor thereto. Terence K. Allred (`Participant") is a Participant in the Plan. Nancy F. Allred ("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: Terence K Allred 338 10th Street New Cumberland, PA 17070 Social Security No.: 331-52-9302 Date of Birth: July 21, 1955 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: DRO Page 2 of 4 Nancy F. Allred 425 Haldeman Avenue, Apt. #2 New Cumberland, PA 17070 Social Security No.: 523-33-9812 Date of Birth: August 23, 1957 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. This Order assigns to Alternate Payee an amount equal to 100% the Participant's total account balance accumulated under the Plan. In no event shall the Alternate Payee receive more than the Participant's vested account balance on the date of distribution. 8. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment. 10. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 11. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This DRO does not require the Plan to provide increased benefits. 13. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. DRO Page 3 of 4 14. ' 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 order, 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 assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received-such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt- 15. After payment of the amount required by this DRO, the Alternate payee shall have no further claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tag consequences of any payments made to her under this DRO. 17. In the event the Participant predeceases the Alternate Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated- herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 18. If the 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. 19. 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 farther provide that no such amendment or right of the Court to so amend will invalidate this Order. I DRO Page 4 of 4 EXECUTED this CONSENT TO ORDER: day of -: Plainti$7Alternate Payee Date ----------- ---- --- Attorney for Plaintiff/ Date Alternate Payee BY THE COURT Judge Defendant/Participant Date Attorney for Defendant/ Date Participant IEZ3=rIF-'B" a i I Nancy F. Allred Plaintiff .VS. Terence K Allred Defendant i I IN THE COURT OF COMMON PLEAS CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE NO. 06-3966 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 Civil Service Retirement System ("Plan") and any successor thereto. Terence K Allred (`Participant") is a Participant in the Plan. Nancy F. Allred ("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: Terence K. Allred 33810th Street New Cumberland, PA 17070 Social Security No.: 331-52-9302 Date of Birth: July 21, 1955 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: i t DRO Page 2 of 5 Nancy F. Allred 425 Haldeman Avenue, Apt. #2 New Cumberland, PA 17070 Social Security No.: 523-33-9812 Date of Birth: August 23, 1957 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. 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. 8. This DRO assigns to Alternate Payee an amount equal to 38.20% of the marital portion of the Participant's gross monthly annuity accrued under the Plan as of the date of cessation of benefit accruals. The marital portion of the Participant's gross monthly annuity shall be determined by multiplying the Participant's gross monthly annuity by a fraction (less than or equal to 1.0), the. numerator of which is the total number of months of creditable service earned by the Participant as of March 31, 2005, the date of separation, and the denominator of which is the total number of months of creditable service earned by the Participant as of the date of cessation of benefit accruals. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 9. Payments to Alternate Payee shall commence the date payments commence to the Participant. 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. 10. 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. f DRO Page 3 of 5 11. The Alternate Payee is awarded a former spouse survivor annuity. The amount of the former spouse survivor annuity shall be equal to the maximum survivor annuity based upon the marital portion of the Participant's gross monthly annuity. This former spouse survivor annuity applies if the Participant dies before his benefits commence or if the Participant dies after his benefits commence. The costs associated with providing this former spouse survivor annuity coverage shall be paid by the Participant. Participant agrees to take all necessary steps to elect Alternate Payee as designated beneficiary for the purposes of establishing and sustaining such former spouse coverage for Alternate Payee. The Participant retains full discretion to elect survivor benefit coverage with respect to the gross monthly annuity in excess of the marital portion of the gross monthly benefit. 12. If Participant leaves Federal service before retirement and applies for a refund of employee contributions under the Plan, the OPM is.directed not to pay the Participant a refund of such employee contributions. 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 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 Plan shall issue individual tag forms to the Participant and Alternate Payee for amounts paid to each such person. 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 DRO Page 4 of 5 shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. In the event the Participant makes a one-time irrevocable election to transfer into the Federal Employees Retirement System ("FERS") before his retirement, then Alternate Payee shall be entitled to a portion of the Participant's Basic Annuity and/or a Refund of employee contributions under FER.S 'calculated in a manner similar to that which is enumerated in Sections 8, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable directly from FERS. Additionally, Alternate Payee.shall be entitled to a former spouse survivor annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 11 above. Further, such former spouse survivor annuity shall be payable directly from FERS. 17. 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. 18. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments or withdrawals from the Plan. 19. 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 r--quire 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. l DRO Page 5 of 5 Accepted and Ordered this day of , BY THE COURT Judge CONSENT TO ORDER: Plaintiff/Alternate Payee Date Defendant/Participant Date Attorney for Plaintiff/ Alternate Payee Date Attorney for Defendant! Date Participant ,. QF ??' t ,,, l: w,;? ,4 i? ?" :'y5,t y- ???? L! ", !v Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NANCY F. ALLRED, : IN THE COURT OF COMMON PLEAS Plaintiff V. TERENCE K. ALLRED, Defendant To the Prothonotary: : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-3966 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) and 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service dated July 14, 2006. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by Plaintiff July 14, 2009; by Defendant June 15, 2009. 4. Related claims pending: All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated June 15, 2009 and incorporated, but not merged, into the Decree. See paragraph 5, page 4. 5. Date Plaintiff's Waiver of Notice in 3301(c) orc was filed with Prothonotary: as filed with July 27, 2009. Date Defendant's Waiver of Notice in 33 (c) 771 Prothonotary: July 27, 2009. Dated: July 24, 2009 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 NANCY F. ALLRED, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-3966 TERENCE K. ALLRED, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Andrea Hudak Duffy, Esquire 513 North Second Street Harrisburg, PA 17101 Dated: July 24, 2009 ?cuucua oLunpiv-Duuivzui 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court ID #32317 Attorney for Plaintiff FILED- Y '. ry T}r PP-TT cif {ilC g4?? U4 2009 JUL 27 PM 1: 3 6) NANCY F. ALLRED V. TERENCE K. ALLRED IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 3966 DIVORCE DECREE AND NOW, -1,3 1 y -k? , J b6 , it is ordered and decreed that NANCY F. ALLRED plaintiff, and TERENCE K. ALLRED bonds of matrimony. defendant, are divorced from the 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. All matters have been resolved between the parties pursuant to the Marital Settlement Agreement dated June 15, 2009 and incorporated, but not merged, into the Decree. By the Court, Attest: T- Prothonotary ? t Nancv F. Allred Plaintiff VS. Terence K. Allred Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - IN DIVORCE NO. 06-3966 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 Qualifying Retirement Benefits Court Order by the Federal Retirement Thrift Investment Board ("Board"). 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. 7?0 0 4. This DRO applies to the Thrift Savings Plan ("Plan") and any successor. thereto. Terence K. Allred ('Participant")' is a Participant in the Plan. Nancy F. Allred ("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: Terence M Allred 338 10th Street New Cumberland, PA 17070 Social Security No.: 331-52-9302 Date of Birth: July 21, 1955 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: " AF DRO Page 2 of 4 Nancy F. Allred 425 Haldeman Avenue, Apt. #2 New Cumberland, PA 17070 Social Security No.: 523-33-9812 Date of Birth: August 23, 1957 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. This Order assigns to Alternate Payee an amount equal to 100% the Participant's total account balance accumulated under the Plan. In no event shall the Alternate Payee receive more than the Participant's vested account balance on the date of distribution. 8. The Alternate Payee shall be paid benefits as soon as administratively feasible following the date this Order is approved as a Qualifying Retirement Benefits Court Order by the Board. 9. Benefits are to be payable to the Alternate Payee in the form of a lump sum cash payment. 10. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Board of such information as the Board may reasonably require from such parties. 11. This DRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 12. This DRO does not require the Plan to provide increased benefits. 13. This DRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. DRO Page 3 of 4 14. 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 order, 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 assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt. 15. After payment of the amount required by this DRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan. 16. The Alternate Payee assumes sole responsibility for the tag consequences of any payments made to her under this DRO. 17. In the event the Participant predeceases the Alternate Payee before she receives her distribution, his death shall have no effect on her assigned portion of the benefits, as stipulated- herein. If applicable, the Alternate Payee shall be treated as the beneficiary of the Participant to the extent of her assigned interest hereunder. 18. If the 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. 19. 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. y DRO Page 4 of 4 EXECUTED this day of IM . BY THE COURT Judge CONSENT TO ORDER: Attorney for Plaintiff/ Alternate Payee S, (V -d T Date A -7 oZao 7 Defendant/P cipant . Date Attorney for Defendant/ Da Participant c 1-7 Let u L . Q.? c Pl tiW ternate Payee Date .01,6,-14 "`' ") Nancy F. Allred IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW - IN DIVORCE Terence K. Allred NO. 06-3966 Defendant 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"). a 713 2. This DRO is entered pursuant to authority granted under the applicable domestic n relations laws of the State of Pennsylvania. 76 y 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Terence K Allred ("Participant") is a Participant in the Plan. Nancy F. Allred ("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: Terence K Allred 338 10th Street New Cumberland, PA 17070 Social Security No.: 331-52-9302 Date of Birth: July 21, 1955 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: DRO Page 2 of 5 Nancy F. Allred 425 Haldeman Avenue, Apt. #2 New Cumberland, PA 17070 Social Security No.: 523-33-9812 Date of Birth: August 23, 1957 It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. 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. 8. This DRO assigns to Alternate Payee an amount equal to 38.20% of the marital portion of the Participant's gross monthly annuity accrued under the Plan as of the date of cessation of benefit accruals. The marital portion of the Participant's gross monthly annuity shall be determined by multiplying the Participant's gross monthly annuity by a fraction (less than or equal to 1.0), the numerator of which is the total number of months of creditable service earned by the Participant as of March 31, 2005, the date of separation, and the denominator of which is the total number of months of creditable service earned by the Participant as of the date of cessation of benefit accruals. In addition to the above, when COLA's are applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's share. 9. Payments to Alternate Payee shall commence the date payments commence to the Participant. 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. 10. 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. 11. The Alternate Payee is awarded a former spouse survivor annuity. The amount of the former spouse survivor annuity shall be equal to the maximum survivor annuity based upon the marital portion of the Participant's gross monthly annuity. This former spouse survivor annuity applies if the Participant dies before his benefits commence or if the Participant dies after his benefits commence. The costs associated with providing this former spouse survivor annuity coverage shall be paid by the Participant. Participant agrees to take all necessary steps to elect Alternate Payee as designated beneficiary for the purposes of establishing and sustaining such former spouse coverage for Alternate Payee. The Participant retains full discretion to elect survivor benefit coverage with respect to the gross monthly annuity in excess of the marital portion of the gross monthly benefit. 12. If Participant leaves Federal service before retirement and applies for a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of such employee contributions. 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 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 Plan shall issue individual tax forms to the Participant and Alternate Payee for amounts paid to each such person. 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 DRO Page 4 of 5 shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 16. In the event the Participant makes a one-time irrevocable election to transfer into the Federal Employees Retirement System ("FERS") before his retirement, then Alternate Payee shall be entitled to a portion of the Participant's Basic Annuity and/or a Refund of employee contributions under FERS calculated in a manner similar to that which is enumerated in Sections 8, 9, 10, 11 and 12 above for the annuity and refund, respectively, and payable directly from FERS. Additionally, Alternate Payee shall be entitled to a former spouse survivor annuity payable under FERS and determined in a similar manner to the survivor benefits set forth under Section 11 above. Further, such former spouse survivor annuity shall be payable directly from FERS. 17. 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. 18. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments or withdrawals from the Plan. 19. 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. DRO Page 5 of 5 , Accepted and Ordered this IS" day of - J\ N z ooI CONSENT TO ORDER: Plain 'ff/Alt rnate Payee Date A torney for Plaintiff/ Date Alternate Payee BY THE COURT N\kl WL Judge Defendant/Participant Date Attorney for Defendant(?? Bite Participant ?"'" ??09 J'JL 28 ?+ 11 f 4 )std{ t Gu' ? r 1 r`'" li o" mj,o, ?laglo?- ( 139uo C-11,011 ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT 802108 L4 Sq State Commonwealth of Pennsylvania SOriginal Order/Notice Co./City/Dist. of CUMBERLAND OAmended Order/Notice Date of Order/Notice 07/30/09 0Terminate Order/Notice Case Number (See Addendum for case summary) QOne-Time Lump Sum/Notice RE: ALLRED, TERENCE K. Employer/Withholder's Federal EIN Number Employee/Obligor's Name (Last, First, MI) DEPT OF DEFENSE CIVILIANS Sent Electronically DO NOT MAIL 331-52-9302 Employee/Obligor's Social Security Number 0455101673 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o. oo per month in past-due child support Arrears 12 weeks or greater? Dyes Q no $ o . oo per month in current medical support $ 0.00 per month in past-due medical support $ 1,128.00 per month in current spousal support $ o . oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ o . oo per month in other (specify) $ one-time lump sum payment for a total of $ 1,128.00 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 259.59 per weekly pay period. $ 564. oo per semimonthly pay period (twice a month). $ 519.19 per biweekly pay period (every two weeks). $ 1,128.00 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate./date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B BAYLEY Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS E] If heckefl you are required to provide gopy of this form to yourgmployee. if yo% employee works in a state that is di erent ?rrom the state that issued this or er, a copy must be provi edd to your emp oyee even if the box is not checked. 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : E3 THE EMPLOYEEIOBLIGOR NO LONGER WORKS FOR: 13 EMPLOYEE'S/OBLIGOR'S NAME:ALLRED, TERENCE K. EMPLOYEE'S CASE IDENTIFIER: 0455101673 DATE OF SEPARATION: LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT- - NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) (15 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT 13 N. HANOVER ST by telephone at (717) 240-6225 or P.O. BOX 320 by FAX at (717) 240-6248 or CARLISLE PA 17013 by Internet www.childsupport.state.pa.us Service Type M Page 2 of 2 Form EN-428 Rev.1 OMB No.: 0970-0154 Worker I D $ IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ALLRED, TERENCE K. PACSES Case Number 802108454 PACSES Case Number Plaintiff Name Plaintiff Name NANCY F. ALLRED Docket Attachment Amount Docket Attachment Amount 06-3966 CIVIL$ 1,128.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACKS Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB PACSES Case Number Plaintiff Name Docket Attachment Amount $ 0.00 Child(ren)'s Name(s): DOB Addendum Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker ID $IATT o Vliiv - ?r1ir f u, NANCY F. ALLRED, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-3966 CIVIL TERM TERENCE K. ALLRED, IN DIVORCE Defendant/Respondent PACSES CASE: 802108454 ORDER OF COURT AND NOW to wit, this 13th day of August, 2009, it is hereby Ordered that pursuant to the parties' Marital Settlement Agreement and the Divorce Decree of July 28, 2009, the Order for Alimony Pendente Lite is terminated, effective July 28, 2009, with a credit of -$145.37. The credit of -$145.37 will be directed to the Alimony account. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: M. L. Ebert, Jr., J• DRO: R.J. Shadday xc: Petitioner Respondent Theresa Barrett-Male, Esq. Barbara Sumple-Sullivan, Esq. Form OE-001 Service Type: M Worker: 21005 2*9 AUG {3 F1 Z: 3 # ?l?nt.a? UQllM1! PENNSYLVMA ORDER/NOTICE TO WITHHOLD INCOME FOR SUPPORT State Commonwealth of Pennsylvania Co./City/Dist. of CUMBERLAND Date of Order/Notice 08/13/09 Case Number (See Addendum for case summary) Employer/Withholder's Federal FIN Number DEPT OF DEFENSE CIVILIANS RE: ALLRED, TERENCE K. Sent Electronically DO NOT MAIL 06-3966 CIVIL OOriginal Order/Notice @Amended Order/Notice OTerminate Order/Notice OOne-Time Lump Sum/Notice Employee/Obligor's Name (Last, First, MI) 331-52-9302 Employee/Obligor's Social Security Number 0455101673 Employee/Obligor's Case Identifier (See Addendum for plaintiff names associated with cases on attachment) Custodial Parent's Name (Last, First, MI) See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This is an Order/Notice to Withhold Income for Support based upon an order for support from CUMBERLAND County, Commonwealth of Pennsylvania. By law, you are required to deduct these amounts from the above-named employee's/obligor's income until further notice even if the Order/Notice is not issued by your State. $ 0.00 per month in current child support $ o . 00 per month in past-due child support Arrears 12 weeks or greater? Oyes ® no $ 0.00 per month in current medical support $ 0.00 per month in past-due medical support $ 869.05 per month in current spousal support $ o. oo per month in past-due spousal support $ 0.00 per month for genetic test costs $ 0.00 per month in other (specify) $ one-time lump sum payment for a total of $ 869.05 per month to be forwarded to payee below. You do not have to vary your pay cycle to be in compliance with the support order. If your pay cycle does not match the ordered support payment cycle, use the following to determine how much to withhold: $ 200.00 per weekly pay period. $ 434 .53 per semimonthly pay period (twice a month). $ 400. 00 per biweekly pay period (every two weeks). $ 869.05 per monthly pay period. REMITTANCE INFORMATION: You must begin withholding no later than the first pay period occurring ten (10) working days after the date of this Order/Notice. Send payment within seven (7) working days of the paydate/date of withholding. You are entitled to deduct a fee to defray the cost of withholding. Refer to the laws governing the work state of your employee for the allowable amount. The total withheld amount, and your fee, cannot exceed 55% of the employee's/ obligor's aggregate disposable weekly earnings. For the purpose of the limitation on withholding, the following information is needed (See #9 on page 2). Pennsylvania law (23 PA C.S. § 4374(b)) requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons, or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit (PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID (shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. BY THE COURT: EDGAR B BAYLEY Form EN-428 Rev.l Service Type M OMB No. 0970-0154 Worker I D $ IATT ADDITIONAL INFORMATION TO EMPLOYERS AND OTHER WITHHOLDERS If checked you are required to provide a copy of this form to your em loyee. If your employee works in a state that is different from the state that issued this order, a copy must be providedpto your employee even if the box is not checked 1. Priority: Withholding under this Order/Notice has priority over any other legal process under State law against the same income. Federal tax levies in effect before receipt of this order have priority. If there are Federal tax levies in effect please contact the requesting agency listed below. 2. Combining Payments: You can combine withheld amounts from more than one employee/obligor's income in a single payment to each agency requesting withholding. You must, however, separately identify the portion of the single payment that is attributable to each employee/obligor. 3.* Reporting the Paydate/Date of Withholding: You must report the paydate/date of withholding when sending the payment. The paydate/date of withholding is the date on which amount was withheld from the employee's wages. You must comply with the law of the state of the employee's/obligor's principal place of employment with respect to the time periods within which you must implement the withholding order and forward the support payments. 4.* Employee/Obligor with Multiple Support Holdings: If there is more than one Order/Notice to Withhold Income for Support against this employee/obligor and you are unable to honor all support Order/Notices due to Federal or State withholding limits, you must follow the law of the state of employee's/obligor's principal place of employment. You must honor all Orders/Notices to the greatest extent possible. (See #9 below) 5. Termination Notification: You must promptly notify the Requesting Agency when the employee/obligor is no longer working for you. Please provide the information requested and return a copy of this Order/Notice to the Agency identified below. 3115751420 THE PERSON HAS NEVER WORKED FOR THIS EMPLOYER : 0 THE EMPLOYEE/OBLIGOR NO LONGER WORKS FOR: EMPLOYEE'S/OBLIGOR'S NAME:ALLRED, TERENCE K. EMPLOYEE'S CASE IDENTIFIER: 0455101673 DATE OF SEPARAT LAST KNOWN HOME ADDRESS: LAST KNOWN PHONE NUMBER: FINAL PAYMENT AMOUNT: NEW EMPLOYER'S NAME/ADDRESS: 6. Lump Sum Payments: You may be required to report and withhold from lump sum payments such as bonuses, commissions, or severance pay. If you have any questions about lump sum payments, contact the person or authority below. 7. Liability: If you fail to withhold income as the Order/Notice directs, you are liable for both the accumulated amount you should have withheld from the employee/obligor's income and other penalties set by Pennsylvania State law. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 8. Anti-discrimination: You are subject to a fine determined under State law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against any employee/obligor because of a support withholding. Pennsylvania State law governs unless the obligor is employed in another State, in which case the law of the State in which he or she is employed governs. 9.* Withholding Limits: You may not withhold more than the lesser of: 1) the amounts allowed by the Federal Consumer Credit Protection Act (CCPA) 0 5 U.S.C. 1673 (b)); or 2) the amounts allowed by the State or Tribe of the employee's/obligor's principal place of employment. Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes, Social Security taxes, statutory pension contributions and Medicare taxes. The Federal limit is 50% of the disposable income if the obligor is supporting another family and 60% of the disposable income if the obligor is not supporting another family.However, that 50% limit is increased to 55% and that 60% limit is increased to 65% if the arrears are greater than 12 weeks. If permitted by the State, you may deduct a fee for administrative costs. The support amount and the fee may not exceed the limit indicated in this section. Arrears greater than 12 weeks : If the Order information does not indicate whether the arrears are greater than 12 weeks, then the employer should calculate the CCPA limit using the lower percentage. For Tribal orders, you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers who receive a State order, you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer is located or the maximum amount permitted under section 303(d) of the CCPA (15 U.S.C. 1673 (b)). Depending upon applicable State law, you may need to take into consideration the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. 10. Additional info: *NOTE: If you or your agent are served with a copy of this order in the state that issued the order, you are to follow the law of the state that issued this order with respect to these items. 11. Send Termination Notice and other correspondence to: DOMESTIC RELATIONS SECTION 13 N. HANOVER ST P.O. BOX 320 CARLISLE PA 17013 If you or your employee/obligor have any questions, contact WAGE ATTACHMENT UNIT by telephone at (717) 240-6225 or by FAX at (717) 240-6248 _ or by internet www.childsupport.state.pa.us Page 2 of 2 Service Type M OMB No.: 0970-0154 Form EN-428 Rev.1 Worker ID $IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ALLRED, TERENCE K. PACSES Case Number 802108454 PACSES Case Number Plaintiff Name Plaintiff Name NANCY F. ALLRED Docket Attachment Amount Docket Attachment Amount 06-3966 CIVIL$ 869.05 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 Rev.1 Service Type M OMB No.: 0970-0154 Worker I D $ IATT FILE -t?=FiCE OF TFE wO; HONOTAAPYY 10'99 A11' 17 t M 2: 3 5 INCOME WITHHOLDING FOR SUPPORT p�oC 1 i1G� 'I O ORIGINAL INCOME WITHHOLDING ORDERINOTICE FOR SUPPORT(IWO) Tn f O AMENDED IWO D�— ✓ 6 W l� U, 2 01 O ONE-TIMEORDERMOTICE FOR LUMP SUM PAYMENT b Q TERMINATION OF IWO Date: 05/14/13 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO must be regular on its face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http•//www act hhs gov/proarams/cse/newhire/employer/publication/publication htm-forms). If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 0455101673 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket informaiton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) RE: ALLRED,TERENCE K. DEPT OF DEFENSE CIVILIANS Employee/Obligor's Name(Last, First,Middle) 331-52-9302 Sent Electronically Employee/Obligor's Social Security Number (See Addendum for plaintiff names DO NOT MAIL associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN 311575142 NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last, First, Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/t)roQrams/ese/newhire employer/publication/publication.htm-formo.If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 3115751420 See Addendum for dependent names and birth dates associated with cases on attachment. - ORDER INFORMATION: This document is based on the support or withholding order from CUMl3Al@ C _ tv, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts f,VrtheTtply�/ obligor's income until further notice. -a_ $ 0.00 per month in current child support C/5> cn ' $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? Q yeF<� nqo ' rS $ 0.00 per month in current cash medical support ' �y- $ 0.00 per month in past-due cash medical support Vic' tv ` I $ 0.00 per month in current spousal support # trt $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) for a Total Amount to Withhold of$ 0.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten 10 working days after the date of this Order/Notice. Send payment within seven 7 working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.ciov/programs/cse/newhire/employer/contacts/contact map htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-428 06/12 Service Type M Worker ID $IATT ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC §666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): KEVIN A HESS Print Name of Judge/Issuing Official: Title of Judge/Issuing Official: Date of Signature: MAY 14,2013 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO must be provided to the employee/obligor. ❑ If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S. §4374(b))requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons,or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER/D(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http•//www acf hhs gov/programs/cse/newhire/employer/contacts/contact map.ht Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-428 06/12 Service Type M Page 2 of 3 Worker ID $IATT Employer's Name: DEPT OF DEFENSE CIVILIANS Employer FEIN: 311575142 Employee/Obligor's Name: ALLRED,TERENCE K, 0455101673 CSE Agency Case Identifier:(See Addendum for case summa1y) Order Identifier;(See Addendum for order/docket information Withholding Limits:You may not withhold more than the lesser of. 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b)); or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION).Disposable income is the net income left after making mandatory deductions such as: State, Federal, local taxes; Social Security taxes; statutory pension contributions;and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(4)of the CCPA(15 U.S.C. 1673(b)), Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor,an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 3115751420 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: R6 Payment Date To SDUfTribal Payee: Final Payment Amount: New Employees Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320,CARLISLE, PA. 1701 a(Issuer address), To Employee/Obligor: If the employee/obligor has questions,contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsu000rt.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-428 06/12 Service Type M Page 3 of 3 Worker ID$IATT ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ALLRED, TERENCE K. PACSES Case Number 802108454 PACSES Case Number Plaintiff Name Plaintiff Name NANCY F.ALLRED Docket Attachment Amount Docket Attachment Amount 06-3966 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docke Attachment Amount Docke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-428 06/12 Service Type M OMB No.:0970-0154 Worker ID $IATT = � INCOME WITHHOLDING FOR SUPPORT g7)�� ) M`�[Lc� uvm_, � " , _� _� (E) ORIGINAL INCOME WITHHOLDING oRDERINOnCE FOR SUPPORT(two) �\L_ ��LL � ��l > D ��ewosnxwo �/u/ -� /`pur civil C) oms-nMeonDsnxvoncE FOR LUMP SUM PAYMENT D TERMINATION oFxmp ^ Date: M Child Support Enforcement(CSE)Agency Court 171 Attorney 0 Private Individual/Entity(Check One) NOTE:This IWO qust Aul*,64 its face.Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http:�/�".acf.hhs.gov/r)rograms/Gse/newhire/employer/o-ubtication/t)ublication.htm-forms).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. StaterrhbefTerritory City/County/Dist.fTribe CUMBERLAND Order Identifier: (See Addendum for orderldocket informalton) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) C/O COURT ORDERD BENEFIT BRAN Employee/Obligor's Name(Last,First,Middle) PO BOX 17 331-52-9302 WASHINGTON DC 20044-0017 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(East,First, Employer/income Withholder's FEIN NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last,First,Middle) Child(ren)'s Birth Oate(s) this IWO and return it to the sender(see IWO instructions you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. See Addendum for dependent names and birth dates associated with cases on affachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBE&LAW"I'D C-6--Untv, Commonwealth of Pennsylvania.(State/Tribe). You are required by law to deduct these amounts-## th`4-m " 5.v ptoyee/ obligor's income until further notice. rn rn $ 0.00 per month in current child support $ 0.00 Der month in past-due child support-Arrears 12 weeks or greater? 0 yo=@ rd $ 0.00 per month in current cash medical support CD $ 0.00 per month in past-due cash medical support c:> (_-I 869-05 per month in current spousal support $ 0.00 per mont in past-due spousal support $ om per month in other(must specify) � for a Total Amount tm Withhold mf$ 869.05 per month. AMOUNTS TO WITHHOLD: You do not have ho vary your pay cycle hobein compliance with the Order Information. If your pay cycle does not match the ordered payment cycle,withhold one of the following amount: $ 200.00 per weekly pay period. $ 434.53 per semimonthly pay period(twice amonth) % 400.00 per biweekly pay period (every two weeks) $ 869.05 per monthly pay period, $ Lump Sum Payment: [}o not stop any existing |VVO unless you receive aterminoUon order. REMITTANCE INFORMATION. If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (Gtate/Tribe), you must begin withholding no later than the first pay period that occurs ten (J{) working days after the date of . Send payment within working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligors principal place of employment is not within the Commonwealth of Pennsylvania /Stato/Tr}be\, the employer can obtain withholding limitmtiono, time requirements, and any allowable employer fees at hftp://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact- map h1Ol for the emp|oyee/ob|igor'e principal place ofemployment. Document Tracking Identifier OMB No.:0970-0154 Form EN-028O6/12 Service Type M Worker ID $OINC Return to Sender[Completed by Employer/income Withholder]. Payment must be directed to an SDU in accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee(see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face,you must check this box and return the IWO to the sender. v Signature of Judge/Issuing Official (if required by State or Tribal law): L sAt�-_A Print Name of Judge/Issuing Official: MX Ebft Jr. " A I Title of Judge/Issuing Official: Date of Signature: .2 21`113 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO must be provided to the employee/obligor. n If checked,the employer/income withholder must provide a copy of this form to the employee/obligor, ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons,or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU)Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSIES MEMBER ID(shown above as the EmployeelObligor's Case Identirter)OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www,acf.hhs.gov/programs/cse/`­newhire/`employer/contacts/"`contam map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income (USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment. You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU:You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g,, payable to the custodial party, court, or attorney),you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court, Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency,you must follow the"Remit payment to"instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment. The pay date is the date on which the amount was withheld from the employeelobligor's wages.You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits,you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO,contact the sender. If you fail to withhold income from the employeelobligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ,or taking disciplinary action against an employee/obligor because of this IWO. 0108 Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-028 06/12 Service Type M Page 2 of 3 Worker ID$OINC Employers Name: OPM OFFICE OF RETIREMENT PROGR Employer FEIN: Name: ALLRED,TERENCE K. 0455101673 CSE Agency Case Identifier: Order Identifier: Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Ac (CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as:State, Federal,local taxes;Social Security taxes;statutory pension contributions;and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks, If permitted by the State or Tribe, you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section, For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S,C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2205100098 0 This person has never worked for this employer nor received periodic income. 0 This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: |f you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at .by fax at . by email o,weboibaat: Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST. P.O. BOX 320, CARLISLE, PA. 17013(Issuer address). To Employee/Obligor: |f the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at . by fax ot . by email orwobui\eat . IMPORTANT:The person completing this form im advised that the information may he shared with theemp|nyem/ob|ign,. OMB mv.:nom-0`m Form EN-O28OO/12 Service Type yW Page 3of3 Worker|D $D|NC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ALLRED,TERENCE K. PACSES Case Number 802108454 PACSES Case Number Plaintiff Name Plaintiff Name NANCY F.ALLRED Docket Attachment Amoun Docke Attachment Amount 06-3966 CIVIL $ 869.05 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docke Attachment Amoun Docket attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Q c et Attachment Amount Docke Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 06/12 Service Type M OMB No.:0970-0154 Worker ID$OINC In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION NANCY F. ALLRED ) Docket Number: Plaintiff ) vs. ) PACSES Case Number: 802108454 TERENCE K. ALLRED ) Defendant ) Other State ID Number: Order AND NOW to wit, this DECEMBER 11, 2013 it is hereby Ordered that: The Domestic Relations Section dismiss their interest in the above captioned alimony matter pursuant to the parties' Marital Settlement Agreement June 15, 2009 and the retirement of the Respondent. rr co CD { r BY THE COURT: 1*X U1 .4A M.L. Ebert,dr. JUDtGE Form 0E-520 02/11 Service Type M Worker ID 21005 • INCOME WITHHOLDING FOR SUPPORT /� IR i O ORIGINAL INCOME WITHHOLDING ORDER/NOTICE FOR SUPPORT(IWO) U O AMENDED IWO * +go :w O ONE-TIMEORDER/NOTICE FOR LUMP SUM PAYMENT C) TERMINATION OF IWO Date: 12/11/13 ❑ Child Support Enforcement(CSE)Agency ® Court ❑ Attorney ❑ Private Individual/Entity(Check One) NOTE:This IWO mutt r ojr rtS face. Under certain circumstances you must reject this IWO and return it to the sender(see IWO instructions http://www.acf.hhs.gov/programs/cse/forms/OMB-0970-0154 instructions.pdf). If you receive this document from someone other than a State or Tribal CSE agency or a Court, a copy of the underlying order must be attached. State/Tribe/Territory Commonwealth of Pennsylvania Remittance Identifier(include w/payment): 0455101673 City/County/Dist./Tribe CUMBERLAND Order Identifier: (See Addendum for order/docket information) Private Individual/Entity CSE Agency Case Identifier: (See Addendum for case summary) OPM OFFICE OF RETIREMENT PROGR RE: ALLRED,TERENCE K. C/O COURT ORDERD BENEFIT BRAN Employee/Obligor's Name(Last,First, Middle) PO BOX 17 331-52-9302 WASHINGTON DC 20044-0017 Employee/Obligor's Social Security Number (See Addendum for plaintiff names associated with cases on attachment) Custodial Party/Obligee's Name(Last, First, Middle) Employer/Income Withholder's FEIN NOTE:This IWO must be regular on its face. Under certain circumstances you must reject Child(ren)'s Name(s)(Last, First, Middle) Child(ren)'s Birth Date(s) this IWO and return it to the sender(see IWO instructions htto://www.acf.hhs.gov/programs/cse/forms/ OMB-0970-0154 instructions.pdt).If you receive this document from someone other than a State or Tribal CSE agency or a Court,a copy of the underlying order must be attached. 2205100098 See Addendum for dependent names and birth dates associated with cases on attachment. ORDER INFORMATION: This document is based on the support or withholding order from CUMBERLAND County, Commonwealth of Pennsylvania (State/Tribe). You are required by law to deduct these amounts from--the employee/ obligor's income until further notice. $ 0.00 per month in current child support rn $ 0.00 per month in past-due child support- Arrears 12 weeks or greater? 0 yetr_ n6 $ 0.00 per month in current cash medical support $ 0.00 per month in past-due cash medical support r- $ 0.00 per month in current spousal support $ 0.00 per month in past-due spousal support $ 0.00 per month in other(must specify) -"' ry for a Total Amount to Withhold of$ 0.00 per month. AMOUNTS TO WITHHOLD: You do not have to vary your pay cycle to be in compliance with the Order Information. If your pay cycle does not match the ordered payment cycle, withhold one of the following amount: $ 0.00 per weekly pay period. $ 0.00 per semimonthly pay period (twice a month) $ 0.00 per biweekly pay period (every two weeks) $ 0.00 per monthly pay period. $ Lump Sum Payment: Do not stop any existing IWO unless you receive a termination order. REMITTANCE INFORMATION: If the employee/obligor's principal place of employment is within the Commonwealth of Pennsylvania (State/Tribe), you must begin withholding no later than the first pay period that occurs ten (10) working days after the date of this Order/Notice. Send payment within seven (7)working days of the pay date. If you cannot withhold the full amount of support for any or all orders for this employee/obligor, withhold up to 55% of disposable income for all orders. If the employee/obligor's principal place of employment is not within the Commonwealth of Pennsylvania (State/Tribe), the employer can obtain withholding limitations, time requirements, and any allowable employer fees at http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact map. htm for the employee/obligor's principal place of employment. Document Tracking Identifier OMB No.:0970-0154 Form EN-028 11/13 Service Type M Worker ID $OINC ❑ Return to Sender[Completed by Employer/Income Withholder]. Payment must be directed to an SDU in accordance with 42 USC§666(b)(5)and (b)(6)or Tribal Payee (see Payments to SDU below). If payment is not directed to an SDU/Tribal Payee or this IWO is not regular on its face, you must check this box and return the IWO to the sender. Signature of Judge/Issuing Official (if required by State or Tribal law): Print Name of Judge/Issuing Official: T.L. •e Jr A Title of Judge/Issuing Official: Date of Signature: /24/i //3 If the employee/obligor works in a State or for a Tribe that is different from the State or Tribe that issued this order,a copy of this IWO must be provided to the employee/obligor. El If checked,the employer/income withholder must provide a copy of this form to the employee/obligor. ADDITIONAL INFORMATION FOR EMPLOYERS/INCOME WITHHOLDERS Pennsylvania law(23 PA C.S.§4374(b))requires remittance by an electronic payment method if an employer is ordered to withhold income from more than one employee and employs 15 or more persons,or if an employer has a history of two or more returned checks due to nonsufficient funds. Please call the Pennsylvania State Collections and Disbursement Unit(PA SCDU) Employer Customer Service at 1-877-676-9580 for instructions. PA FIPS CODE 42 000 00 Make Remittance Payable to: PA SCDU Send check to: Pennsylvania SCDU, P.O. Box 69112, Harrisburg, Pa 17106-9112 IN ADDITION, PAYMENTS MUST INCLUDE THE DEFENDANT'S NAME AND THE PACSES MEMBER ID(shown above as the Employee/Obligor's Case Identifier) OR SOCIAL SECURITY NUMBER IN ORDER TO BE PROCESSED. DO NOT SEND CASH BY MAIL. State-specific contact and withholding information can be found on the Federal Employer Services website located at: http://www.acf.hhs.gov/programs/cse/newhire/employer/contacts/contact_map.htm Priority: Withholding for support has priority over any other legal process under State law against the same income(USC 42 §666(b)(7)). If a Federal tax levy is in effect, please notify the sender. Combining Payments: When remitting payments to an SDU or Tribal CSE agency, you may combine withheld amounts from more than one employee/obligor's income in a single payment.You must, however, separately identify each employee/ obligor's portion of the payment. Payments To SDU: You must send child support payments payable by income withholding to the appropriate SDU or to a Tribal CSE agency. If this IWO instructs you to send a payment to an entity other than an SDU (e.g., payable to the custodial party, court, or attorney), you must check the box above and return this notice to the sender. Exception: If this IWO was sent by a Court,Attorney, or Private Individual/Entity and the initial order was entered before January 1, 1994 or the order was issued by a Tribal CSE agency, you must follow the"Remit payment to" instructions on this form. Reporting the Pay Date: You must report the pay date when sending the payment.The pay date is the date on which the amount was withheld from the employee/obligor's wages. You must comply with the law of the State(or Tribal law if applicable)of the employee/obligor's principal place of employment regarding time periods within which you must implement the withholding and forward the support payments. Multiple IWOs: If there is more than one IWO against this employee/obligor and you are unable to fully honor all IWOs due to Federal, State, or Tribal withholding limits, you must honor all IWOs to the greatest extent possible, giving priority to current support before payment of any past-due support. Follow the State or Tribal law/procedure of the employee/obligor's principal place of employment to determine the appropriate allocation method. Lump Sum Payments: You may be required to notify a State or Tribal CSE agency of upcoming lump sum payments to this employee/obligor such as bonuses, commissions, or severance pay. Contact the sender to determine if you are required to report and/or withhold lump sum payments. Liability: If you have any doubts about the validity of this IWO, contact the sender. If you fail to withhold income from the employee/obligor's income as the IWO directs, you are liable for both the accumulated amount you should have withheld and any penalties set by State or Tribal law/procedure. Anti-discrimination: You are subject to a fine determined under State or Tribal law for discharging an employee/obligor from employment, refusing to employ, or taking disciplinary action against an employee/obligor because of this IWO. OMB Expiration Date—05/31/2014.The OMB Expiration Date has no bearing on the termination date of the IWO;it identifies the version of the form currently in use. Form EN-028 11/13 Service Type M Page 2 of 3 Worker ID $0INC Employer's Name: OPM OFFICE OF RETIREMENT PROGR Employer FEIN: Employee/Obligor's Name: ALLRED,TERENCE K. 0455101673 CSE Agency Case Identifier:(See Addendum for case summary) Order Identifier:(See Addendum for order/docket information) Withholding Limits:You may not withhold more than the lesser of: 1)the amounts allowed by the Federal Consumer Credit Protection Act(CCPA)(15 U.S.C. 1673(b));or 2)the amounts allowed by the State or Tribe of the employee/obligor's principal place of employment(see REMITTANCE INFORMATION). Disposable income is the net income left after making mandatory deductions such as:State, Federal, local taxes;Social Security taxes;statutory pension contributions; and Medicare taxes.The Federal limit is 50%of the disposable income if the obligor is supporting another family and 60%of the disposable income if the obligor is not supporting another family. However,those limits increase 5%-to 55%and 65%-if the arrears are greater than 12 weeks. If permitted by the State or Tribe,you may deduct a fee for administrative costs.The combined support amount and fee may not exceed the limit indicated in this section. For Tribal orders,you may not withhold more than the amounts allowed under the law of the issuing Tribe. For Tribal employers/income withholders who receive a State IWO,you may not withhold more than the lesser of the limit set by the law of the jurisdiction in which the employer/income withholder is located or the maximum amount permitted under section 303(d)of the CCPA(15 U.S.C. 1673(b)). Depending upon applicable State or Tribal law,you may need to also consider the amounts paid for health care premiums in determining disposable income and applying appropriate withholding limits. Arrears greater than 12 weeks?If the Order Information does not indicate that the arrears are greater than 12 weeks,then the Employer should calculate the CCPA limit using the lower percentage. Additional Information: NOTIFICATION OF EMPLOYMENT TERMINATION OR INCOME STATUS: If this employee/obligor never worked for you or you are no longer withholding income for this employee/obligor, an employer must promptly notify the CSE agency and/or the sender by returning this form to the address listed in the Contact Information below: 2205100098 Q This person has never worked for this employer nor received periodic income. O This person no longer works for this employer nor receives periodic income. Please provide the following information for the employee/obligor: Termination date: Last known phone number: Last known address: Final Payment Date To SDU/Tribal Payee: Final Payment Amount: New Employer's Name: New Employer's Address: CONTACT INFORMATION: To Employer/Income Withholder: If you have any questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at:www.childsupport.state.pa.us. Send termination/income status notice and other correspondence to: DOMESTIC RELATIONS SECTION, 13 N. HANOVER ST, P.O. BOX 320, CARLISLE. PA. 17013(Issuer address). To Employee/Obligor: If the employee/obligor has questions, contact WAGE ATTACHMENT UNIT(Issuer name) by phone at(717)240-6225, by fax at(717)240-6248, by email or website at www.childsupport.state.pa.us. IMPORTANT:The person completing this form is advised that the information may be shared with the employee/obligor. OMB No.:0970-0154 Form EN-028 11/13 Service Type M Page 3 of 3 Worker ID $OINC ADDENDUM Summary of Cases on Attachment Defendant/Obligor: ALLRED, TERENCE K. PACSES Case Number 802108454 PACSES Case Number Plaintiff Name Plaintiff Name NANCY F.ALLRED Docket Attachment Amount Docket Attachment Amount 06-3966 CIVIL $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB PACSES Case Number PACSES Case Number Plaintiff Name Plaintiff Name Docket Attachment Amount Docket Attachment Amount $ 0.00 $ 0.00 Child(ren)'s Name(s): DOB Child(ren)'s Name(s): DOB Addendum Form EN-028 11/13 Service Type M OMB No.:0970-0154 Worker ID$OINC