HomeMy WebLinkAbout06-5007
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
~ NO. 01.-SOo7 CIVIL TERM
: IN DIVORCE
TANYA L. BROWN,
v
ERIC M. BROWN,
Defendant
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 visitatiqn of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may
request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office
at the Cumberland County Courthouse, 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
32 SOUTH BEDFORD STREET
CARLISLE, PENNSYLVANIA 17013
TELEPHONE: (717) 249-3166
81/3 ')73<--
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.6l..-S't>o7 CIVIL TERM
TANYA L. BROWN,
v
ERIC M. BROWN,
: IN DIVORCE
Defendant
COMPLAINT UNDER SECTION 3301(C ) OR (D)
OF THE DIVORCE CODE
Plaintiff, Tanya L. Brown, by her attorney, Lindsay D. Baird, Esquire, sets forth the following:
1
Plaintiff, Tanya L. Brown, is an adult individual residing at1BB Conodoguinet Estate, Newville,
PA 17241.
2
Defendant, Eric M. Brown, is an adult individual residing at the same address.
3
The parties were married on January 13, 1990 in Mt Holly Springs, Pennsylvania.
4
Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months
prior to the commencement of this action.
5
This action is not collusive.
6
There have been no prior actions for divorce or annulment in this or any other jurisdiction within
the knowledge of the Plaintiff.
7
In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is
irretrievably broken.
8
Plaintiff has been advised that counseling is available and that Plaintiff may have the right to
request that the Court require the parties to participate in counseling.
WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be
divorced from the Defendant.
I verify that to the best of my knowledge and belief, the statements in the foregoing document
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 PaCS ~904 relating to unsworn falsification to authorities.
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PROPERTY SETTLEMENT AGREEMENT
THIS IS AN AGREEMENT made this.t~~ of December, 2006, by and between Eric M,
Brown, of, 8 Dulles Drive West, Apt. H-8, Camp Hill, Cumberland County, Pennsylvania 17011,
(hereinafter referred to as Husband) and Tanya L. Brown, of 188 Conodoguinet Estate, Newville,
Cumberland County, Pennsylvania 17241, (hereinafter referred to as Wife),
WHEREAS, Husband and Wife were married on 1 anuary 13, 1990, in Cumberland County,
Pennsylvania; and
WHEREAS, various differences have arisen between Husband and Wife, whereby they have
been living separate and apart since August 11, 2006; and
WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live
apart from each other; and
WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the
property rights of the parties and to dispose of the rights and obligations of each to the other in
respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights
and obligations under the Divorce Code of 1980, as amended, and it is the intention and
agreement of the parties that this Agreement be a full, complete and final settlement of all of
those rights and obligations under said Divorce Code; and
NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound
by the provisions hereof, the parties agree that their recitals form a part of this Agreement and
waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel
fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not
provided for herein and agree as follows:
1. SEPARATION. The parties agree that it shall be lawful for each party, at all times
hereafter, to live separate and apart from the other, at such place or places as he or she may, from
time-to-time, choose or deem fit. Each party shall be free from interference, authority or contact
by the other, as fully as ifhe or she were single and unmarried, except as may be necessary to
carry out the provisions of this Agreement and as may be necessary to exchange information that
pertains to the parties' minor child. Neither party shall molest the other or attempt to endeavor to
molest the other, nor compel the other to cohabit with the other, or in any way harass or malign
the other, nor in any way interfere with the peaceful existence, separate and apart, from the other.
2. REAL ESTATE, Husband and Wife jointly own the marital residence located at 188
Conodoguinet Estate, Newville, Pennsylvania, The marital residence presently has an
outstanding mortgage. Husband shall deed any rights, title and interest he has in the marital
residence to Wife at such time as the mortgage is paid in full. Husband shall pay to wife the
current balance ofthe mortgage. Wife shall be solely responsible for all mortgage payments,
liabilities, taxes, assessments, insurance and the cost of maintenance on the marital residence,
Wife shall indemnify and hold Husband harmless from any liability, claims, causes of action,
... . ( 'II
suits, or litigation for money owed, damages, indirect or consequential, including legal fees,
arising out of failure of Wife to so pay such liens and encumbrances,
3, AUTOMOBILES, Wife shall have as her sole and exclusive property, title to and
possession of the 2002 Trailblazer. Husband shall have as his sole and exclusive property, title to
and possession of the 1997 Dodge Ram and the 1997 Ford Escort, Each party shall indemnify
and hold the other harmless from and liability on any loan encumbering the vehicle, cost of
repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking
as his or her sole and exclusive property.
4, PERSONAL PROPERTY. Husband shall pay for Wife's and daughter Kristin's cell
phones and will give Wife 90 days' notice should he need to stop doing so, The parties have
divided or have agreed to a division of their personal property which includes bank accounts,
certificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal
items. After the aforesaid division ofthe personal property is complete, any and all property in
the possession of Husband shall be his sole and separate property. Any and all property in the
possession of Wife shall be her sole and separate property, Each party forever renounces
whatever claims he/she may have with respect to the property which the other is taking. Each
party understands that he/she has no right or claim to any property acquired by the other after the
signing of this Agreement.
5. HEALTH INSURANCE, Husband will pay Wife $25,00 each week for one year in
contribution to her health insurance, Husband will keep the parties' daughter, Kristin, on his
health insurance until she completes 4 years of college.
6. CHILD SUPPORT. Husband shall pay Wife $200.00 each week in child support until
June 2009. Once Kristin begins college and as long as she is in college and living with Wife,
Husband shall pay Wife $100,00 each week.
7. PENSION/RETIREMENT PLANS, Once Husband pays Wife the current balance of the
mortgage, Wife releases any and all claims or demands she may have on Husband's 401K. Wife
shall have 35% of the August 29,2006 value of Husband's pension plan with UPS Freight. This
will be pursuant to a Qualified Domestic Relations Order which the parties shall cooperate in
signing. Husband hereby releases any and all claims or demands he may have on Wife's pension
or retirement plans.
8, DEBTS. The parties represent and warrant to each other that neither has incurred any
other debts nor made any other contracts for which the other or hislher estate may be liable, from
date of separation forward. Neither party shall contract nor incur any debt or liability for which
the other or hislher property or estate might be responsible and agrees to indemnify the other
from any claims made against the other because of debts/obligations not incurred by the other.
9. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE, The parties waive
any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or
spousal support.
. , '....
10, EFFECTIVE DATE, The effective date of this Agreement shall be the date of execution
by the parties if they had each executed the Agreement on the same date, Otherwise, the
execution date of this Agreement shall be defined as the date of execution by the party last
executing this Agreement.
11. DIVORCE, A divorce action was initiated and filed at docket number 2006-5007 Civil
Term in the Court of Common Pleas of Cumberland County on August 29, 2006, Both parties
agree to execute any and all affidavits or other documents necessary for the parties to obtain an
absolute divorce pursuant to Sections 3301(c) of the Divorce Code including waiver of all rights
to request Court ordered counseling.
12. INCORPORA nON INTO DECREE. Should a decree, judgment or order of separation
or divorce be obtained by either of the parties in this or any other state, country, or jurisdiction,
each of the parties hereby consents and agrees that this Agreement and all of its covenants shall
not be affected in any way by any such separation or divorce; and that nothing in any such decree,
judgment, order or further modification and revision thereof shall alter, amend or vary any term
of this Agreement, whether or not either or both of the parties shall remarry, it being understood
by and between the parties hereto that this Agreement shall survive and shall not be merged into
any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a
copy of this Agreement or the substance of the provisions thereof, may be incorporated by
reference into any divorce, judgment or its decree, This incorporation, however, shall not be
regarded as a merger, it being the specific intent of the parties to permit this Agreement to
survive any judgment and to be forever binding and conclusive upon the parties.
13. MUTUAL RELEASE, Husband and Wife do hereby mutually remise, release, quit claim
or forever discharge the other and the estate of such other, for all time to come, and for all
purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate
of such other, of whatever nature and wherever situate, which he or she now has or at anytime
hereafter may have against such other, the estate of such other or any part thereof, whether
arising out of any former acts, contracts, engagements or liabilities of such other or by way of
dower or curtesy of claims in the nature of dower or curtesy, or widow's or widower's rights,
family exemption or similar allowance or under the intestate laws; or the right to take against the
spouse's will; or the right to treat a lifetime conveyance by the other as testamentary or all or
other rights of the surviving spouse to participate in a deceased spouse's estate, whether arising
under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any
other country or any right which either party may now have or at anytime hereafter have for past,
present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or
expenses, whether arising as a result of the marital relation or otherwise, except and only except
all rights and agreements and obligations of whatsoever nature arising or which may arise under
this Agreement or for the breach of any provision thereof. It is the intention of Husband and Wife
to give to each other by the execution of this Agreement a full, complete and general release with
respect to any and all property of any kind or nature, real, personal or mixed, which the other
now owns or may hereafter acquire, except and only except all rights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or for the
breach of any provision thereof.
.' .
14, COUNSEL FEES. Each party individually covenants and agrees that he or she will
individually assume the full and sole responsibility for legal expenses for his or her attorney and
court costs in connection with any divorce action which may be brought by either party and shall
make no claim against the other for such costs or fees,
15. 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 or documents that may be reasonable required to give full force and effect to the
provisions of this Agreement.
16, MODIFICATION OR WAIVER. A modification or waiver of any of the provisions of
this Agreement shall be effective only if made in writing and executed with the same formality as
this Agreement, The failure of either party to insist upon the strict performance of any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent default of the
same or similar nature,
17. 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.
18. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between
the parties thereto that each paragraph hereof shall be deemed to be a separate and independent
agreement.
19. 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 Agreement shall
be responsible for payment of legal fees and costs incurred by the other in enforcing the rights
under this Agreement, or in seeking such other remedies or relief as may be available to him or
her.
20. CONTROLLING LAW, This Agreement shall be construed under the laws ofthe
Commonwealth of Pennsylvania.
21. INVALIDITY OF PROVISIONS. If any term, condition, clause or provision of this
Agreement shall be determined or declared to be void or invalid in law or otherwise, then only
that term, condition, clause or provision shall be stricken from this Agreement, and, in all other
respects, this Agreement shall be valid and continue in full force, effect and operation.
22, BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be
binding and shall inure to the benefit of the parties hereto and their respective heirs, executors,
administrators, successors and assigns.
- . .",..
. .
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year
first above written,
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Eric M. Brown
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COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
On this the ~ day of December, 2006, before me, the undersigned officer, personally appeared Eric M.
Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument,
and acknowledged that he executed the same for the oses therein contained,
In witness whereof, I hereunto set my hand an fficial seal.
COMMONWEA( OF PENNSYLVANIA
NOTARIAL SEAL
DAWN M. CAREY, Notary Public
80ro of Cart'sIlol Cumberland County
My Comml..lon txplrt. Nov. 28, 2010
Ltary Public /Y] ~
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF CUMBERLAND
On this the ;J(p day of December, 2006, before me, the undersigned officer, personally appeared Tanya
L. Brown, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed the same for the purposes therein contained,
In witness whereof, I hereunto set my hand and official seal.
~hhl
Notary Public -
(SEAL)
W . H It II' NNIVL.VANIA
Notarial Seal .
Debbie 1... Fitch, Notary Public
Shippensburg 801'0, Cumberland County
My Commission Expires May 14, 2010
Member, Pennsylvania Association of Notaries
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TANYA L. BROWN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v
: NO. 2006-5007
CIVIL TERM
ERIC M. BROWN,
: IN DIVORCE
Defendant
AFFIDAVIT OF SERVICE
I, Lindsay Dare Baird, Esquire, being duly sworn according to law do depose and state that a
copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead
and a Notice of Availability of Marriage Counseling was served on the Defendant, Eric M.
Brown, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return
receipt evidencing delivery being attached hereto. Said service on September 13, 2006.
"-
Sworn and Subscribed to
bef~re me this 2..b""day
of l~~kp, 2006.
n Ltlw~. fS~L
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
N'lVen J. Baird, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Nov. 2, 2010
Membol, Fenn,~yl'!"nja Association of Notaries
--.....
SENDER: COMPLETE THIS SECTION
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
that we can return the card to you.
. ch this card to the back of the mailpiece,
on the front if space pennits.
1.
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2, Article Number
(Transfer from service label)
PS Fonn 3811, February 2004
COMPLETE THIS SECTION ON DELIVERY
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3. ~ice Type_--,
ACertified Mail .opPress Mall
o Registered Ji!-aetum Receipt for Merchandise
o Insured Mall 0 C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
7005 2570 0000 3798 0742
102595-Q2-M-1540 i
Domestic Return Receipt
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
TANYA L. BROWN,
v
: NO. 2006-5007
CIVIL TERM
ERIC M. BROWN,
: IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREEUNDERSECTION3W1~)OFTHEDNORCECODE
1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed
on August 29, 2006.
2. Defendant acknowledged receipt and accepted service of the Complaint on
September 13, 2006.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety
days have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
6. I understand that I will not be divorced until a divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after it is filed with
the Prothonotary.
7. I have been advised of the availability of marriage counseling and understand
that I may request that the Court require counseling. I do not request that the Court
require counseling.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
Date:r:D" 12_1 \\ Al1 nl e
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Eric M. Brown, Defendant
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
TANYA L. BROWN,
v
: NO. 2006-5007
CIVIL TERM
ERIC M. BROWN,
: IN DIVORCE
Defendant
AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE
AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE
DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on
August 29, 2006.
2. Defendant acknowledged receipt and accepted service of the Complaint on
September 13,2006.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree in divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
6. I understand that I will not be divorced until a divorce Decree is entered by the Court
and that a copy of the Decree will be sent to me immediately after it is filed with the
Prothonotary.
7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities.
Date: 1_,,1 / J lR J IJb
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rown, Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
TANYA L. BROWN,
v
: NO. 2006-5007
CIVIL TERM
ERIC M. BROWN,
: IN DIVORCE
Defendant
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a divorce
decree:
1. Ground for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code.
2. Date and manner of service of the Complaint: (09/13/2006), certified mail, restricted delivery,
return receipt.
3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce
Code: By Plaintiff: 12/26/06; by Defendant: 12/18/06.
4. Related claims pending: None.
5. Date Plaintiffs Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary:
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Date Defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary:
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/'Lindsay Dare Baird, Esquire
Attorney for the Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
TANYA L. BROWN,
v
: NO. 2006-5007
CIVIL TERM
ERIC M. BROWN,
: IN DIVORCE
Defendant
MOTION FOR JUDICIAL ORDER
AND NOW, comes Tanya L. Brown, Plaintiff, by and through her attorney,
Lindsay D. Baird, Esquire, and respectfully avers:
1. Plaintiff has a final decree in divorce signed January 3,2007, by the
Honorable Judge Ebert,
2. Plaintiff has a Qualified Domestic Relations Order that has been approved
by the retirement plan administrator for UPS, Defendant's employer.
3. The QDRO lacks only the Court's signature.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court review
the QDRO and sign it if deemed appropriate.
Respectfully submitted,
, rindSaY~cL_-----...
10# 72083
37 South Hanover Street
Carlisle, PA 17013
717.243.5732
Bairdlaw@pa.net
I verify that to the best of my knowledge and belief, the statements in the foregoing document
are true and correct. I understand that false statements herein are made subject to the
penalties of 18 PaCS ~4904 relating to unsworn falsification to authorities.
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Plaintiff
: IN THE COURT OF COMMON PL
: CUMBERLAND COUNTY, PENNS
: NO. 06-5007 CIVIL TERM
SOF
VANIA
TANYA L. BROWN,
v
ERIC M. BROWN,
: IN DIVORCE
Defendant
QUALIFIED DOMESTIC RELATIONS ORDER
1. The name and last known mailing address of the Respondent, Eric M, Bro
participant in the UPS Retirement Plan ("Participant"), is as follows
Eric M. Brown, SS# 172-60-6233, DOB:11-15-63, 8 Dulles Drive West,
Camp Hill, P A 17011,
NOW, THEREFORE, IT IS HEREBY ORDERED AND ADJUDGED AS FOLL
S:
2. The name and last known mailing address of each alternate payee covered
as follows:
Tanya L. Brown, 188 Conodoguinet Estate, Newville, P A 17241, former sp se, SS# 190-
50-5292, DOB: 2-8-70.
3. The parties were married on January 13, 1990 and divorced on January 3, 2
AMOUNT OF AWARDED BENEFIT
4. The former spouse shall be entitled to receive a portion of the monthly bene 1 that would
be payable to the Participant at normal retirement age, which is equal to 350 thirty-five
percent) ofthe Participant's vested benefit in the UPS Retirement Plan, acc d as of
August 29,2006, calculated as if the Participant had separated from service that date
with a vested benefit under the Plan,
5. Notwithstanding anything contained herein to the contrary, if the former spo e's benefit
begins to be paid prior to the Participant attaining his normal retirement age, t e monthly
amount thereof will be reduced, in accordance with the terms of the Plan, to e into
account such early receipt of benefits,
6. The benefit shall begin to be paid to the former spouse upon the date that the artlclpant
retires and begins to receive benefits from the Plan, but in no event later th t e month
following the month in which the Participant attains his normal retirement a e
Notwithstanding the foregoing, if the Participant has at least 10 years of vest credit
under the Plan, the former spouse's benefit shall, upon written request to the an's
Administrative Committee, begin to be paid to the former spouse on the date ~ e
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Participant attains age 55, or other later date preceding normal retirement a
whether the Participant continues to work past that age,
7. The benefit will be paid, in accordance with the terms of the Plan in the fo of either (a) a
straight single life annuity (with no survivor benefit), based upon the lifeti ~ of the
Participant, (b) a single life annuity, also based upon the lifetime of the Pa ., ipant, with
120 month term certain, (c) a qualified joint and 50% survivor annuity ("Q "), (d) a
joint and 50% survivor annuity (not a "QJSA"), or (e) a joint and 100% su i or annuity,
as selected by the alternate payee/spouse in writing to the Plan's Administr . e
Committee prior to the commencement of benefits, If no election is receive ; payments
will be made in the form of benefit prescribed by the Plan,
The straight single life annuity form of benefit will pay the benefit describe
monthly for the lifetime of the Participant, with no payments following the
death. The single life annuity with a 120 monthly term certain will pay a re ced monthly
benefit for the lifetime of the Participant, except that, if the Participant's de t should
occur before 120 monthly payments have been received (or 120 months foIl ing the
commencement of benefit payments to the Participant, if earlier), payments 11 continue
to the alternate payee/spouse until the end of this term certain so long as the ternate
payee/spouse is alive.
The QJSA form of benefit (and the joint and 50% survivor option) will pay
monthly benefit to the former spouse during the lifetime of the Participant, fi
monthly payments to the former spouse for her lifetime (assuming she survi
Participant) in an amount equal to 50% of the monthly payments she had be
during the Participant's lifetime. The joint and 100% survivor option will
monthly benefit to the former spouse during the lifetime of the Participant,
monthly payments to the former spouse for her lifetime (assuming she survi ~
Participant) in an amount equal to 100% of the monthly payments she had b ~
during the Participant's lifetime.
receIvmg
a reduced
lowed by
the
recelvmg
8. If the former spouse should die prior to either (i) the Participant's death or (i~ he end of
the term certain (if applicable), then the following person(s) shall be designa d as
contingent alternate payees and shall share equally in the awarded benefit as g as alive
on each payment date. The name, address, relationship to participant, social curity
number, and date of birth of the contingent alternate payee is as follows: Kri i L. Brown,
188 Conodoguinet Estate, Newville, PA 17241, Participant's daughter, SS# 18 -72-5062,
date of birth 11-21-90.
9.
If the Participant should die before the alternate payee/spouse's benefit com
date, the alternate payee/spouse shall be treated as a surviving spouse of the
purposes of eligibility for a Qualified Pre-retirement Survivor Benefit, if any,
to that portion of the Participant's benefit assigned by this Order. If the Parti
die as aforesaid, it will be assured that the alternate payee/spouse had elected
his/her portion of the participant's benefit in the form ofa Qualified Joint an
e cement
icipant for
ith respect
ant should
\ "
Survivor Annuity. Because, however, the Participant would have died, the ernate
payee/spouse shall be entitled to receive only the 50% survivor portion ofh s benefit,
which shall begin to be paid at the time the Participant would have attained h s earliest
retirement age (or, ifhe had already attained such age, immediately followi the
Participant's death).
IO. The former spouse shall include the taxable portion of any benefits distribut. to her under
this Order, as and when received, in her gross taxable income and the forme. pouse
hereby agrees that said benefits, when paid, shall not be taxable income to t Participant.
11. It is intended that this Order will qualify as a Qualified Domestic Relations der under
Section 206( d)(3) of the Employee Retirement Income Security Act of 1974 s amended,
and shall be administered and interpreted in conformity with such Act. This der shall not
require the Plan to provide any type or form of benefit or any option not oth t ise
provided to the Participant, This Order further shall not require the Plan to p vide
increased benefits (determined on the basis of actuarial value) and shall not e uire the
payment of benefits to an alternate payee which are required to be paid to an er alternate
payee under another order previously determined to be a Qualified Domestic elations
Order.
~~~
(L{liA;--
, Brown, Alternate Payee
Eric M. Brown, Participant
By the Court:
,~~
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R 2 0 200Z
.
Plaintiff
: IN THE COURT OF COMMON PL S OF
: CUMBERLAND COUNTY, PENNS VANIA
TANYA L. BROWN,
v
: NO. 2006-5007
CIVIL TERM
ERIC M. BROWN,
: IN DIVORCE
Defendant
MOTION FOR JUDICIAL ORDER
AND NOW, comes Tanya L. Brown, Plaintiff, by and through her att r ey,
Lindsay D. Baird, Esquire, and respectfully avers:
1. Plaintiff has a final decree in divorce signed January 3, 2007, the
Honorable Judge Ebert.
3. The QDRO lacks only the Court's signature.
2. Plaintiff has a Qualified Domestic Relations Order that has be. approved
by the retirement plan administrator for UPS, Defendant's em I yer.
WHEREFORE, Plaintiff respectfully requests that this Honorable Co review
the QDRO and sign it if deemed appropriate.
Respectfully submitted,
/ 'indS;~'~~... ----.
10# 72083
37 South Hanover Street
Carlisle, PA 17013
717.243.5732
Bairdlaw@pa.net
I verify that to the best of my knowledge and belief, the statements in the foregoing
are true and correct. I understand that false statements herein are made subject to
penalties of 18 PaCS 94904 relating to unsworn falsification to authorities.
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