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HomeMy WebLinkAbout06-5086IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. PETRILLA, Plaintiff V. SUSAN L. PETRILLA, Defendant NO. o e . Sn 8?p C6-? T.? IN DIVORCE CIVIL ACTION - LAW 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 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 at the Cumberland County Courthouse, Carlisle, PA 17013. 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 "ISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defenses o sus objeciones a las demandas en contra de su persona. Sea avisado qua si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notifcacion y por cualquier queja o alivio que es pedido an la peticion de demanda. Usted puede perder dinero o propiedad u otros derechos importantes pare usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAIL SERICIO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. PETRILLA, Plaintiff V. SUSAN L. PETRILLA, Defendant NO.0to.5096 Ct?-4-ru,,,_. IN DIVORCE CIVIL ACTION - LAW COMPLAINT COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is James M. Petrilla who currently resides at 714 #5 Quaker Circle, Lewisberry, York County, Pennsylvania 17339. 2. Defendant is Susan L. Petrilla who currently resides at 103 Haldeman Avenue, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 20, 1998 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are Section 3301(c) or 3301(d) of the Divorce Code. The marriage of the parties is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 10. Plaintiff incorporates by reference paragraphs I through 9 of this Complaint. 11. Plaintiff and Defendant possess various items of personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Defendant requests your Honorable Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. McNEES WALLACE & NURICK LLC J/'W'aul Hel y D. #53148 8 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 Attorneys for Plaintiff Dated: g',*i, Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. Dated: QI 0IO(O ro w> R., 3 .? r M a b S7 b o `a 'o'--? r } i} r?l'il v c- McNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney ID No. 53148 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile phelvyCcD-mwn.com Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. PETRILLA, NO. 06-5086 Plaintiff V. IN DIVORCE SUSAN L. PETRILLA, Defendant CIVIL ACTION - LAW AFFIDAVIT OF ACCEPTANCE OF SERVICE I, Susan L. Petrilla, Defendant herein, do hereby swear and affirm that have I accepted service of a true and correct copy of the Complaint in Divorce in the above- captioned action on 9/ //O 6 , 2006. Z/ -;;I zz Susan L. Petrilla JAMES M. PETRILLA, Plaintiff/Respondent vs. SUSAN L. PETRILLA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5086 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE Susan L. Petrilla, by and through her attorney, Timothy J. O'Connell, Esquire, files this Petition for Alimony Pendente Lite and avers the following: I . Petitioner is Susan L. Petrilla, defendant in the above captioned divorce matter. 2. Respondent is James M. Petrilla, plaintiff in the above captioned divorce matter. 3. On August 30, 2006, James M. Petrilla filed a Complaint in Divorce. 4. Petitioner lacks sufficient income to provide for her reasonable needs and expenses during the course of this litigation. 5. Petitioner requires reasonable support to adequately maintain herself, and more specifically, to pay the mortgage on the marital home during the course of these proceedings. WHEREFORE, petitioner respectfully requests this Honorable Court enter an Order of Alimony Pendente Lite. Respectfully submitted, Timot .O'C ell, squire TURNER ONNELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 Attorney for defendant Verification I verify that the statements made in the foregoing Petition are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to auth rities. 2? - s-07 f Date: Susan L. Petrilla Certificate of Service I, Timothy J. O'Connell, hereby certify that I served a true and correct copy of the foregoing by depositing same in the U.S. mail, first class postage prepaid, addressed as follows: J. Paul Helvy, Esquire McNees Wallace & Nurick 100 Pine Street PO Box 1166 Harrisburg, PA 17108 Date: September 26, 2007 Timot J. O'Connell .. 0 G?3 -< JAMES M. PETRILLA, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5086 CIVIL TERM SUSAN L. PETRILLA, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 124109504 ORDER OF COURT AND NOW, this 1 st day of October, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear beforeR. J. Shadday on October 23, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including V,42's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent J. Paul Helvy, Esq. Timothy J. O'Connell, Esq. Date of Order: October 1, 2007 4.. S dday' onference Officer ? , YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 --? =-? ; -?c? t= ? ? ,.a _ ^^ ,,?,++? .. " ? _ ? _ _ _. ? ? ? :;" . . ?Ni . r JAMES M. PETRILLA, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-5086 CIVIL TERM SUSAN L. PETRILLA, IN DIVORCE Defendant/Petitioner PACSES CASE NO: 124109504 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this I st day of October, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear beforeR. J. Shadday on November 8, 2007 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent J. Paul Helvy, Esq. Timothy J. O'Connell, Esq. Date of Order: Octoberg2007 4A 4JS , o nference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r-o Q to - C-3 0 1 a i C_ t? is "4 JAMES M. PETRILLA, Plaintiff/Respondent VS. SUSAN L. PETRILLA, Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 06-5086 CIVIL TERM IN DIVORCE PACSES Case No: 124109504 ORDER OF COURT AND NOW to wit, this 8th day of November 2007, it is hereby Ordered that the Petition for Alimony Pendente Lite, filed on September 27, 2007, in the above captioned matter is dismissed without prejudice pursuant to the Petitioner withdrawing her request and the parties' reaching a settlement. BY THE COURT: Edward E. Guido, 1k r J. DRO: R.J. Shadday xc: Petitioner Respondent Timothy J. O'Connell, Esq. J. Paul Helvy, Esq. Form OE-001 Service Type: M Worker: 21005 iw` 70J '- ! 47- t C7 CY4> . t. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. PETRILLA, NO. 06-5086 Plaintiff V. IN DIVORCE SUSAN L. PETRILLA, Defendant CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 30, 2006. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: (2-1Za/ d 7 (A931505:1) ?v n ?-r .c7' Ct.c Q fTt C r1o C":' ? }C?y.'3 co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. PETRILLA, Plaintiff V. SUSAN L. PETRILLA, Defendant NO. 06-5086 IN DIVORCE CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 30, 2006. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Susan L. Petrilla Date: 12-12-600-7 {A431505:1 } c? o Q ro Cr! Cl --; :T; C.?j HIM z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. PETRILLA, Plaintiff NO. 06-5086 V. SUSAN L. PETRILLA, Defendant IN DIVORCE CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF ---? A DIVORCE DECREE UNDER Section 330110 OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. M. Petrilla Date: Ll ZPJ1 ?? {A931507:1 } -y. N -on rn ?' Q r-q -- m C ) rn r- FINS -r O IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES M. PETRILLA, Plaintiff V. SUSAN L. PETRILLA, Defendant NO. 06-5086 IN DIVORCE CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Susan L. Petrilla Date: (2,/1010-7 {A931507:1) e-a .- J?; CAI `. J two J. Paul Helvy, Esquire I.D. No. 53148 Audrey L. Buglione Attorney I.D. No. 206587 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 237-5300 (fax) phelvy(ab-mwn.com Attorneys for Plaintiff JAMES M. PETRILLA, Plaintiff V. SUSAN L. PETRILLA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5086 CIVIL ACTION-LAW 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: Certified Mail, return receipt requested upon Defendant on August 30, 2006. An Affidavit of Service was filed on September 12, 2006. I Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: December 20, 2007; by Defendant: December 20, 2007. Plaintiffs Affidavit is being filed contemporaneously with this Praceipe. Defendant's Affidavit is being filed contemporaneously with this Praceipe. 4. Related claims pending: N/A 5. Date Plaintiffs Waiver of Notice is being filed contemporaneously with this Praecipe. Defendant's Waiver of Notice is being filed contemporaneously with this Praecipe. MCNEES WALLACE & NURICK LLC By J. Paul H I.D. No. 53148 Audrey L. Buglione I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Date: December 20, 2007 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: Tim O'Connell, Esquire Turner & O'Connell 4415 N. Front Street Harrisburg, PA 17110 Jen L. Keen, P ralegal Dated: December 20, 2007 ._,.. X} rn - -n n C ) j CJ? :-- N C9 u n ? C3 -?C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES M. PETRILLA Plaintiff VERSUS SUSAN L. PETRILLA Defendant N O_ 2006-5086 DECREE IN DIVORCE C.l- //.30 4- -m . AND NOW, c?tx 7, IT IS ORDERED AND DECREED THAT AND JAMES M. PETRILLA SUSAN L. PETRILLA ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE PROTHONOTARY A4v r. JAMES M. PETRILLA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2006-5086 SUSAN L. PETRILLA, CIVIL ACTION -LAW Defendant IN DIVORCE MOTION FOR ENTRY OF QUALIFIED DOMESTIC RELATIONS ORDER AND NOW comes the defendant, Susan L. Petrilla, who, through her attorney, Timothy J. O'Connell, Esquire, respectfully submits as follows: 1. On December 21, 2007, a Decree of Divorce was entered by this court in the above captioned action. 2. The parties signed a property settlement agreement which provided for the transfer of funds from defendant's 401(K) account to a 401(K) account in the name of plaintiff. 3. A proposed Qualified Domestic Relations Order reviewed and signed by both parties is attached hereto. WHEREFORE it is respectfully requested that this Court enter the Qualified Domestic Relations Order attached hereto. Respectfully submitted, Timothy el ;, Esquire TURNER ELL 4415 North Front Street Harrisburg, PA 17110 717/232-4551 (1 c' :> ^tl _ -Y N i T. - ? S W. .0- - 111, APR ! 2 2 JAMES M. PETRI LA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 2006-5086 SUSAN L. PETRILLA, CIVIL ACTION -LAW Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER 1. Recitals 1. The parties to this action have entered into a Property Settlement Agreement dated December 20, 2007. The Court incorporated the Property Settlement Agreement into its Decree of Dissolution of Marriage dated December 21, 2007. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an individual SEP-IRA Retirement Plan. The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code §414(p). The Court enters this QDRO pursuant to its authority under the 23 P.C.S.A. §3502. II. Statements of Fact Pursuant to Code §414(p) 3. This QDRO applies to the Wachovia Securities SEP-IRA Retirement Plan xxxxxx730 account number 7340-2420 ("Plan"). Further, this Order shall apply to any sucessor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shall not affect Alternate's Payee's rights as stipulated under this Order. 4. Susan L. Petrilla ("Participant") is a pa ?icipant in the Plan. games M. Pctn;la ("Alternate Payee") is the alternate payee for purposes of this QDRO. The Participant's name, mailing address, social security number and date of birth are: Susan L. Petrilla 103 Haldeman Avenue New Cumberland, PA 17070 SSN: 202 42 7330 DOB: April 3, 1959 6. The Alternate Payee's name, mailing address, social security number and date of birth are: James M. Petrilla 320 Reeser Drive York Haven, PA 17370 SSN: 180 50 5723 DOB: May 9, 1963 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $7,541.12 III. Recitals Pursuant to Code §414(p)(3) 8. This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide. 9. This QDRO does not require the Plan to provide increased benefits. 10. This QDRO 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. IV. Time and Manner of Payment 11. Benefits are to be payable to the individual retirement account (IRA) name below on behalf of the Alternate Payee in one lump sum cash payment. The Alternate Payee shall execute any forms required by the Plan Administrator. Name of IRA: Fulton Bank IRA Name of IRA Custodian: Fulton Bank One Penn Square Lancaster, PA 17602 717/771-4234 IRA Account Number: 391-1914627 12. On and after the date of that this order is deemed to be a QDRO, but before the Alternate Payee receives his distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to active participants, including, but not limited to, the rules regarding withdrawals and distributions. 13. It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code §414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 14. In the event that 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 he 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 QDRO, 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 tax consequences of the distribution under this QDRO. V. Procedure for Processing this QDRO 17. The Plan shall treat this QDRO in accordance with Code §414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 18. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 19. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 20. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. z/ ate-Dfl c?/GIJ . ? . ?Gt.+? c1D J. ! Jew s'3? ap 9 ! :8 lV 6? 8dV ETii0Z h?iV1 , ??1 ?G