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HomeMy WebLinkAbout06-4371Lorie Weidner, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW Karl Weidner, NO. CIVIL TERM - V ` -43'~'~ Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case mayproceed without you and a judgment may be entered against you by the court without fiuther notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of mamage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER. AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. . Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phones (717) 249-3166 (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 businessbefore 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. Lorie Weidner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVII. ACTION -LAW Karl Weidner, NO. CIVIL TERM OG.- 't/ 3r1/ Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. Plaintiff is Lorie Weidner, an adult individual, who resides at 4141 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324. 2. Defendant is Karl Weidner, an adult individual, who resides at 4141 Carlisle Road, Gardners, Cumberland County, Pennsylvania 17324. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on May 24, 1986 in Gardners, Cumberland County, Pennsylvania: 5. There have been no prior actions of divorce or for annuhnent between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: ~ ~ ~ 6 Respectfully submitted, ROMINGER`& WHARE Leslie A. Tom ,Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241.6070 Supreme Court LD. # 200198 Attorney for Plaintiff Lorie Weidner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW Karl Weidner, N0. 'CIVIL TERM Defendant IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and wrrect. I understand that false statements herein ate made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: O -~- D6 ~1oz.c~ ,~ ~. Lor7e FVeidner, Plaintiff Lorie Weidner, 1N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY,1'ENNSYLVANIA v. CIVIL ACTION -LAW Karl Weidner, NO. CIVIL TERM Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff do hereby certify that I this day mailed a copy of the within Motion upon the following by Pennsylvania Process Service in the United States at Carlisle, Pennsylvania, addressed as follows: Karl Weidner Lear, Inc. 50 Spring Roars Carlisle, Pa 17013 Dated: ~ ( 0 6 Leslie A. Tomeo, squire Attorney for Plaintiff h-? L ~ `~ n.. ~ 1~ .~ ~u~ ~~ ~._ .• II `~ ~ • V ~~ a 4 b (/-/©w` ~• ~i h l ) w 17 ~' ~l (n~ a :_ i ~,, .T Lorie Weidner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW Karl Weidner, NO. 06-4371 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 1, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. i vet°iy that rile-statements made in this Affidavii are true and correct. i uncierstanu that raise statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: D ~~ Gt1e~ Lorie Weidner/Plaintiff ~~.; .~:- ~,~ C'` ~~ ,~~:r i" .rte" f„~ t~ ~ ~ ~~ ~~ >.- tis.- p ~^°~ Lorie Weidner, v. Karl Weidner, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-4371 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dater ~ ~D,d Lon Weidner. Plaintiff r-- ;-~ - C% ,< .. > ~. ~u ,~, E~ - ~~' '~ ~ ' ~ 1'i. ML. ~. . `'"~' l~.l-.y ~~ ~ L.J ~-% [v Lorie Weidner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. . CIVIL ACTION -LAW Karl Weidner, NO. 06-4371 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 1, L006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. 1 Date: N ~ G ~ ~ } aa~ (~ Karl Weidner/Defendant c~ ~~_ F-~ :- ~° ~s~. ~- t~~ ~--; ...- ~~ W ~~ , :.ter ~ N C.3 Lorie Weidner, Plaintiff v. Karl Weidner, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 06-4371 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that 1 will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~ ~ G i { ~. pZ ~ ~Jo ~(~ W.D Karl Weidner, Defendant ~ w fi-:" '" t~.: -;, ~ a~j ,~~ _ ~; ~-~ c.A,~ ....~ -~ AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania Case Number: 06-4371 CIVIL TERM Plaintiff: Loris Weidner vs. Defendant: Karl Weidner For: Leslie Tomeo Rominger & Whare County of Cumberland D Common Pteas Court Received by Pennsylvania Professional Process Svc. to b served on Karl Weidner, PLACE OF EMPLOYMENT: Lear, Inc., 50 Sprin d. Carlisle, PA 17013. I, >Pt~tS ~' ,being duly sworn, depose and say that on the >~ day of AdG a;'T , 2 at ~[,.„:,~,e.m., executed service by delivering a true copy of the Letter; Notice; Complaint Under Section 3301(c) of the Divorce Code; Order of Court; Stipulation Agreement as to Custody in accordance with state statutes in the manner marked below: DiViDUAL SERVICE: Served thewithin-named person. ()SUBSTITUTE SERVICE: 13y serving as ()NON SERVICE: For the reason detailed in the Comments below. Military Status: Marital Status: Yes or (~la Married or If yes, what branch? Single Name of Spouse COMMENTS: ~ ~ ~ ~; ~~ `~. ~ ~U G8S ~J I-~i~.%r I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. Su 'bed an Sworn to ore me on the ~~y~'day of ~' by the affiant who is oerson nown to me. n r COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammie L. Peters, Notary Public South Middleton Twp., Cumberland County My :nmmissiort Expires Sept 8, 2007 Member. Pen~sylvan~s Association Of Notaries Copt O 1992-2005 Database SeN PROCESS SERVER # _ Appointed in accordance with State Statutes Pennsylvania Professional Process Svc. 48 W. High St. P.O. Box 1148 CaHisle, PA 17013 (800) 863-2341 Our Job Serial Number: 2006000286 ices, Inc. -Process Servers Toolbox YS.Si C3 ~. ~'. ~ ~ w ~~-r,= ~ -a'`' ~ "q:s 7 „ .~:. 4-, -~ Tt Lorie Weidner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW Karl Weidner, NO. 06-4371 CIVIL TERM Defendant IN DIVORCE MARTIAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~ day of ~~ , 2007 by and between Lorie Weidner, hereinafter referred to as "WIFE", and Kazl Weidner, hereinafter referred to as "HUSBAND." There were children born as a result of this marriage. WITNESSETH: WHEREAS, HUSBAND and WIFE were lawfully married on May 24, 1986 in Gardners, Pennsylvania. WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto aze desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification; the settling of all matters between them relating to the ownership and equitable distribution and real and personal property; the settling of all claims and possible claims by one against the other or against their respective estates and equitable distribution of property and alimony for each party. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intention and purpose of this agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The parties have attempted to divide their matrimonial property in a manner that conforms to just and right standards, with due regard to the rights of each party. It is the intention of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets. Further, the parties agree to continue living separately and apart from each other at any place or places that he or she may select. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any manner whatsoever. Each party may carry on and engage in any employment, profession, business or other activity, as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition or any property now owned and not specified herein or property hereafter acquired by the other. 4. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 5. Each party to this agreement acknowledges and declares that he or she, respectively: A. Enters into this agreement voluntarily after receiving the advice of counsel of his or her own choosing or has voluntarily elected not to obtain counsel; B. Is fully and completely informed of the facts relating to the subject matter of this agreement and of the rights and obligations of the parties; C. Has given careful and serious thought to the making of this agreement; D. Has carefully read each provision of this agreement; and E. Fully and completely understands each provision of this agreement, both as to the subject matter and legal effect. 6. Each party represents and warrants that he or she has made a full and fair disclosure to the other of all his or her property, interests of any nature, including any mortgage, pledge, lien, charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers of Marital Property for inadequate consideration without the prior consent of the other. Each party acknowledges that, to the extent desired, he or she has had access to all joint and separate state and federal tax returns filed by or on half of both parties during the marriage. 7. DEBTS: It is further mutually agreed by and between the parties that the debts of the parties existing as of the time of the execution of this agreement shall not be finally released or addressed by the foregoing agreement, and that any debts incurred by the parties after the execution of this agreement shall be the sole responsibility of the party incurring that obligation. 8. REAL PROPERTY: The parties agree that HUSBAND shall retain exclusive possession and exclusive ownership interests in the marital residence, located at 4141 Carlisle Road, Carlisle, Cumberland County, Pennsylvania. HUSBAND shall bear the responsibility for maintaining timely payments on the payments, taxes and insurance on the marital residence. 9. PERSONAL PROPERTY: A. WIFE shall keep her vehicle the 1999 Chevrolet Venture and HUSBAND shall sign off on the 1999 Chevrolet. B. HUSBAND shall keep his vehicle the 2004 Chevrolet Silverado. C. WIFE shall sign off of HUSBAND'S checking account. All other personal property has been distributed equally among the parties. 10. INCOME TAX RETURNS: All future income tax returns will be filed separately or together and the parties will each retain any refund due to them. Both parties have filed Married filing Separate for the 2007 tax year. 11. SUPPORT AND ALIMONY: Except as provided herein, both parties hereby waive and forego all financial and material spousal support from each other and agree not to request or seek to obtain alimony or spousal support before or after any divorce which may be granted. 12. RETIREMENT ACCOUNTS: WIFE shall receive $112,800.00 of HUSBAND's Retirement. The parties hereby agree to Qualified DRO being entered by the court. 13. WAIVER OF CLAIMS AGAINST THE ESTATES: Except as otherwise provided herein, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take the intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waive and relinquishment of all such interest, rights and claims. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonable required to give full force and effect to the provisions of this agreement, including the execution of a Quit-Claim deed to be executed by WIFE extinguishing her interest in the land and real property located at 4141 Carlisle Road, Carlisle, Cumberland County, Pennsylvania. 15. VOLUNTARY EXECUTION: Both parties fully understand the terms of this agreement and were given full opportunity to discuss said terms with their respective attorney(s) or in the case of HUSBAND, that he was offered a full and fair opportunity to obtain counsel and declined to do so. Both parties agree that they are executing this agreement freely and voluntarily. Both parties acknowledge that it has been suggested to them that they review this agreement with independent legal counsel and has either done so or has voluntarily chosen not to do so. 16. ENTIRE AGREEMENT: This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 17. APPLICABLE LAW: This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 18. PRIOR AGREEMENTS: It is understood and agreed that any and all property settlement agreements which may or have been executed or verbally discussed prior to the date and time of this agreement are null and void and of no effect. This agreement shall become effective immediately upon its execution by both parties. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. /1~t~ 5, DD Dat I~U~~ ~ ~ 2 p0~ Date l~ ~~~ f ~ Zzf~ ~ Date maces 1, ~`7 Date Lo 'e,Weidne,~ Leslie A. T W for Mr. Attorney for Lorie Weidner cs~ ~, ~ nn . n/ COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) On this, the ~ day of ~a- I~~iV t , ~, before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeazed Lorie Weidner and in due form of law acknowledged the above Agreement to be her act and deed and desired the same to be recorded as such. J" Notary Public COMMONWEALTH OF PENNSYLVAN A Brooke A. Binger, Not~Y Publ~ Carlisle Boro, Cu ~ ~ Co1u X10 My Commissan E>4~i Aug• Member, Pennsylvania Associa?+on of [~otttl'19s COMMONWEALTH OF PENNSYLVANIA ) . SS. COUNTY OF CUMBERLAND ) On this, the z 8 ~ ~ day of ~ ~ ~ 2 u a a y ~ 20 U 7 ~ ,before me, the subscriber, a Notary Public for the Commonwealth of Pennsylvania, residing in the County of Cumberland, personally appeazed Karl Weidner and in due form of law acknowledged the above Agreement to be his act and deed and desired the same to be recorded as such. otary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Fora M. Vogt, Notary Public NoAh Middeton Twp., Cumberland County My Commission E~ires May 21,2009 Member, Pennsylvania Association of Notaries t`~ ~~; ~ T Y~ ~ ~~ - ~1 ~~ ryry IV {^ ~ __.i. `... 4. ~ .~..~ l 3 r~ ~+ .. ~1 •. ~~ ~~ ~~a ~..1 '~ Lorie Weidner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW Karl Weidner, NO. 06-4371 CIVIL TERM Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: August 1, 2006, was served on Defendant by affidavit of service on August 9, 2006 (attached hereto as Proof of Service). 3. Date of execution of the Affidavit of Consent required by § 3301(c) or The Divorce Code: by the Plaintiff, December 18, 2006; by the Defendant, December 12, 2006. 4. Related claims pending: None. 5. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 21, 2006. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 21, 2006. Date: Mazch 6, 2007 L li . Tomeo, Es ire 155 South Hanover eet Cazlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 200198 ~ ~ ~ r ~~- -; j `` ~ ~'; ~ ~ s_ _ _ CS'- . ~ t'~s K ,_ - N~ `, ~ ~ y ~ ~,~ 4~ --{ ~ ": +...~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. :;;, Lorie Weidner II Plaintiff N O. 06-4371 VERSUS Karl Weidner Defendant DECREE IN DIVORCE AND NOW, 1 ~ ~-~'L~1 `~ ~w7 IT IS ORDERED AND DECREED THAT LOrie Weidner PLAINTIFF, AN D Karl Weidner DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; A Marital Settlement Agreement is merged but not incorporated into the divorce dectee BY THE COURT: ATTEST: J . PROTHONOTARY ~p ~ ~""' ~o ,~i ,£' APR 112DD~ PH Lorie Weidner, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW Karl Weidner, NO. Q6-4371 CIVIL TERM Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER It is the intent of the Court that the provisions of this domestic relations order ("Order") operate as an effective assignment of the Participant's interest in the Lear Corporation Hourly Retirement Savings Plan set forth below under both state and federal laws, for all purposes, and constitute a Qualified Domestic Relations Order in compliance with section §414(p) of the Internal Revenue Code of 1996 as amended (hereinafter referred to as the "Code"), and Section 206 (d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") relating to Qualified Domestic Relations Orders (hereinafter referenced to as "QDRO"). 1. Employee has earned certain benefits. under the Lear defined contribution retirement plan during the marriage, which are the community property of the Employee and Alternate Payee. The defined contribution plan is known as the Lear 401(k} investment Plan: This Order shall apply to the Lear Corporation Hourly Retirement Savings Plan ( the "Plan"), subject to the limitations and restrictions on benefits as set forth under Section 415 and Section 401 (a) (17) of the Code. The Plan Administrator is Leaz, P.O. Box 436, Little Falls, New Jersey 07424. 2. The Plan Participant is Karl Weidner Mailing Address: 4141 Cazlisle Road, Gardners, PA 17324 Social Security Number: 168-48 -3030 Date of Birth: 1/5!1958 3. The Alternate Payee is Lorie Weidner Mailing Address: 8 Franklin Street, Mt. Holly Springs, PA 17065 Social Security Number: 184-56-3036 Date of Birth: 11/5/1960 . Name of Plan: Hourly Retirement Savings Plan The Alternate Payee is the former spouse of the Plan Participant. 4. The Alternate Payee is awarded $112,800.00 from the Participant's vested account balance in the Plan. A separate account shall be established for the Alternate Payee. Payment of these funds shall be made to the Alternate Payee as soon as administratively feasible following receipt of the appropriate Plan distribution election. In the event the amount specified in paragraph 4 above is in excess of the Plan Participant's total account balance valued as of the date of distribution to the Alternate Payee, the Plan shall pay the Alternate Payee 100% of the Plan Participant's vested account balance valued as of the date of distribution to the Alternate Payee. 5. The Alternate Payee designates her estate as beneficiary in the event she dies prior to receiving payment. 6. The benefits hereby assigned to the Alternate Payee shall be paid to the Alternate Payee notwithstanding the Participant continued employment with Leaz, in accordance with the Alternate Payees election and terms of the Plan. 7. All benefits payable under the Plan other than those payable to Lorie Weidner shall be payable to Karl Weidner in such manner and form as Karl Weidner may elect in his sole and undivided discretion, subject only to Plan requirements. 8. Lorie Weidner, former spouse of the Participant. Payment from the Plant to the Alternate Payee pursuant to this Order shall be includable in the Alternate Payee's gross taxable income. 9. While it is anticipated that the Plan Administrator will pay directly to Lorie Weidner the benefit awarded to the Alternate Payee, Karl Weidner is designated a constructive trustee to the extent he receives any benefits under (plan name) that are due to Lorie Weidner but paid to Karl Weidner. In the event of such payment, Karl Weidner is ordered and decreed to pay the benefit defined above directly to Lorie Weidner. 10. Nothing contained in the domestic relations order shall be construed to require the Plan or the Plan Administrator: a. To provide to the Alternate Payee and type or form of benefit, or any option not otherwise available under the Plan, or b. To pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another domestic relations order previously determined by the Plan Administrator to be a QDRO, or c. To require the Plan to provide increased benefits. 11. In the event of a conflict between the terms of this domestic relations order and the terms of the Plan the terms of the plan shall prevail. 12. This QDRO shall be incorporated by reference into any final judgment and decree of divorce as if each and every paragraph herein were specifically set forth therein and shall be enforceable by contempt. 13. The QDRO continues to be effective with respect to any successor or transferee plan, including any plan into which the Plan is merged. In the event of a change of Plan Administrator or amendment to the Plan, the Alternate Payee shall receive the same written notification as other beneficiaries. 14. The Plan Administrator may unilaterally modify any term of this QDRO to the extent necessary to comply with applicable law. However, should any portion of this Order be rendered invalid, illegal, unconstitutional, or otherwise incapable of enforcement, or should any of the procedural matters herein ordered need to be adjusted to accomplish the objectives of this Order, the court reserves jurisdiction to make such adjustment in this order as will effect the intent of the parties as manifested herein. 15. A certified copy of this domestic relations order shall be served upon the Plan Administrator. Dated this ~ `~ day of ~ , 2007. BY THE COURT, ~1~ - ~- ~~~~ Plan Participant's Signature Al ernate Payee's Signature ~-~ ,lei .-,r ~~r,~;~ ~~ s~ ~ u~~~~a~~ ~~ ~C'e~~~~~~