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HomeMy WebLinkAbout02-2200SCOTT J. WEAVER, PLAINTIFF V. CHARMAINE WERNER, DEFENDANT IN THE COURT OF CO~R4ON PLEAS ~ COUNTY, PENNSYLVANIA IN DIVORCE NOTICE TO DEFEND AND CLAI~4RIGHTS 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 SCOTT J. WEAVER, PLAINTIFF CHABMAINE WERNER, DE~'~-RDANT IN THE COURT OF CO~ON PLEAS ~ COUNTY, PENNSYLVANIA IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Scott J. Weaver who resides at 160 North Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Charmaine Werner who resides at 160 North Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff and Defendant have been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 30, 1993 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. There were two children born of this marriage, Erik Scott Werner, DOB 10/13/93 and Joel Jamison Werner, DOB 04/16/96. 9. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 10. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: SCOTT J. WERNER, Plaintiff vi. CHARMAINE WERNER, De .f.e._n d a_~t. ....... Cam~e~aa4 Caaa~., 2002-2200 CIVIL T ER~iv~ i9 ...... IN DIVORCE TO THE PROTHONOTARY: I made a typographical error in the last name of the Plaintiff in the above referenced matter. The Plaintiff's last name is WERNER, not WEAVER. Please correct the spelling in the caption. ,_..- Pro~hono~ary for Plainti~. SCOTT J. WERNER, PLAINTIFF Vo CRAP~I~I~ WERNER, DEFENDANT IN THE COURT OF COITION C~ERLAND COUNTY, PENNSYLVANIA NO. 02-2200 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: SCOTT J. WERNER, PLAINTIFF Vo CHA~M~INE WERNER, DEFENDANT IN THE COURT OF COtYledON pT.~.~.S C~ERLAND COUNTY, PENNSYLVANIA NO. 02-2200 CIVIL TERM IN DIVORCE AFFIDAVIT OF CON~__m~T 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 3, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. I acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE D: SCOTT J. WERNER, PLAINTI~'~' Vo CHARMAINE WERNER, DEFENDANT IN THE COURT OF CO~ON P?.~-~S C~4BERLAND COUNTY, PENNSYLVANIA NO. 02-2200 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICm I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce and Plaintiff's Affidavit under section 3301(d) was served upon the Defendant through her attorney Lindsay Gingrich Maclay by depositing the same in the United States mail on May 3, 2002 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant's attorney on May 6, 2002. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 SCOTT J. WERNER, PLAINTIFF CHABMAINE WERNER, DEFENDANT IN THE COURT OF CO~ON PLEAS C%~4BERLAND COUNTY, PENNSYLVANIA NO. 02-2200 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Charmaine Werner and certify that I am authorized to do so. # HANFT & KNIGHT 19 BROOKWOOD AVENUE SUITE 106 CARLISLE, PA 17013 SCOTT J. WERNER, PLAINTIFF CHAItMAI~ WERNER, DEFENDANT IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2200 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO HEOUES~ F~TRY OF A DIVO~C~ DEC~ TD;DE~ SECTION 3301Cc) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: SCOTT J. WERNER, PLAINTIFF Vo CHARMAINE WERNER, DEFENDANT IN THE COURT OF CO~ON PLEAS C%~BERLAND COUNTY, PENNSYLVANIA NO. 02-2200 CIVIL TEBM IN DIVORCE WAIVER OF NOTICE OF INTONATION TO REOO~S% E~TR~ OF A DIVORCE DECREE UNDER SECTION 3301~c) OF THE DIVORCE CODZ 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SCOTT J. WERNER, PLAINTIFF Vo CHAP/v~INE WERNER, DEFENDANT IN THE COURT OF C0~3N PT.m2~S C~V~ERLAND COUNTY, PENNSYLVANIA NO. 02-2200 CIVIL TEI~M IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: On May 6, 2002 by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, August 5, 2002; By Defendant, August 5, 2002. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on August 5, 2002. Date Defendant's Waiver of Notice in ~ 3301(c divorce was filed with the Prothonotary on August 5, 2002. Thomas D. Gould, Esquire Attorney For Plaintiff MARRIAGE SETTL .MENT AGBW. W. MENT THIS AGREEMENT made this /~day of ~ II;//~_ , 2002, by and between SCOTT J. W'~P~N~R, (hereinafter ref~r~to as "Husband") and CF~IN~ W~R~R, (hereinafter referred to as "Wife"). WHEREAS, the Husband and Wife were lawfully married on April 30, 1993; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, there were two (2) children born of this marriage, Erik Scott Werner, born October 13, 1993 and Joel Jamison Werner, born April 16, 1996; and WHEREAS, Husband and Wife desire to settle and determine their rights and obligations; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly-owned assets, the provisions for their liabilities and provisions for the resolution of their mutual differences, after both have had free and ample opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission by either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTER~'~RENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor 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, and each party hereto completely understand and agree that neither shall do nor say anything to the children of the parties at any time that might in any way influence the children adversely against the other party. 3. DIVISION OF PERSONAL PROPERTY The parties have equitably divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Wife shall remove her items from the marital home prior to its sale or within 30 days of this agreement, which ever occurs first. 4. AUTOMOBILES The Husband is to be the owner of the 1988 Ford Bronco II and 1996 Harley Davidson motorcycle and Wife is to be the owner of the 1996 Dodge Caravan. Husband shall have all right and title to his vehicles. He shall maintain insurance on his vehicles and be responsible for all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicles. Wife shall have all right and title to her vehicle and shall maintain insurance on her vehicle and be responsible for all maintenance. As part of the equitable distribution of the marital assets, Husband shall be responsible and hold Wife harmless for the current lien on her vehicle. Wife shall indemnify and hold Husband harmless for all matters, except the lien, related to her vehicle. 5. DIVISION OF REAL PROPERTY The real estate owned by the parties as tenants by the entireties situated at 160 North Orange Street, Carlisle, Cumberland County, Pennsylvania shall be transferred to Husband. Husband may elect to sell the former marital home. Husband shall be liable for any deficiency on the sale of the home and shall be entitled to all proceeds from the sale. Husband shall be solely responsible for and hold Wife harmless for all utilities, taxes, maintenance, insurance, mortgages and other expenses related to the former marital home. Effective August 1, 20002 Husband shall have exclusive possession of the former marital home. Upon the sale of the marital home or within 120 days of the issuance of a Decree in Divorce, Husband shall pay Wife $7,000.00 as her equitable share of her interest in the marital home. If the home is not sold within 90 days, Husband shall make a reasonable attempt to refinance the mortgage, at least annually, in an attempt to remove Wife from the existing mortgage. 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have equitably divided their respective financial accounts and other investments. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts or investments. 7. ~%RITAL DEBTS Husband shall be responsible for the substantial marital debts solely in his name and for Wife's vehicle loan with M&T Bank. Wife shall be responsible for all marital debts solely in her name except her vehicle loan. Each party agrees to indemnify and hold the other harmless for any debt that they are responsible for pursuant to this Agreement. Each party agrees not to attempt to discharge any debt owed to the other pursuant to this Agreement in any bankruptcy proceeding. Husband's marital debt was considered in determining Husband's child support obligations for the 24 months following the separation of the parties. 8. PENSIONAND RETIREMENT ACCOUNTS Husband and Wife shall maintain their separate pension and/or retirement accounts. Wife relinquished all right and interest she may have in Husband's pension or retirement accounts. Husband shall pay Wife $5,000.00 within 30 days of the issuance of the Decree in Divorce or final settlement on the home (whichever occurs first), and as stated in paragraph 4, pay for Wife's vehicle, in full satisfaction and equitable distribution of her interest in Husband's pension. Husband relinquishes all right and interest he may have in Wife's pension or retirement accounts. 9. CUSTODY The parties agree that they shall share Legal Custody of their children. Wife shall have primary physical custody of the children subject to Husband's significant periods of partial custody, at least every other weekend, and at other times as agreed by the parties. The parties agree to share important holidays to serve the best interest of their children. Each party agrees to inform the other of the major parenting decisions affecting the children's health, education and welfare. Neither parent shall relocate so as to interfere with each parent's regular and meaningful contact with their children. Each party shall have the right to access the children's medical, educational and other records. The parties agree that the above custody arrangement may be changed by the mutual agreement of the parties or, if the parties are unable to agree, through appropriate legal action. 10. CHILD SUPPORT The parties agree that Husband shall pay Wife $200.00 per week as child support. This amount has been determined based on the children's needs, Wife's current lack of employment, Husband's marital debt and Husband's ability to pay. This amount shall remain constant for two (2) years. This time period shall begin to run at the time Wife vacates the marital residence. After the two (2) years, the amount may be modified by agreement of the parties, or if they cannot agree, through legal action through the appropriate Domestic Relations Office or a court of competent jurisdiction. Husband shall be responsible for providing medical coverage for the children as long as such medical coverage is available, at a reasonable cost, as part of the Husband's employment benefits. However, if Wife can cover the children through her employer at a cost less than Husband, Wife shall cover the children and Husband shall reimburse Wife for his prorated share of the cost of the medical coverage. Wife, as the custodial parent, is responsible for the first $250.00 of each calender year's unreimbursed medical expenses. Any additional medical expenses shall be prorated pursuant to the Pennsylvania support law. Their children's activity fees and costs shall also be prorated in accordance with their relative incomes. The parties agree that in the event of a material change in the custody arrangements set forth herein, the amount of the support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by the Domestic Relations Office or Court of competent jurisdiction. 11. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE The parties hereby waive, release, discharge and give up any rights either may have against the other to receive spousal support, alimony pendente lite or alimony. 12. FILING OF IRS RETURN Husband and Wife agree to file separately in 2002 and all subsequent years. However, the total refund or deficiency of the parties for 2002 shall be divided equally. The parties shall annually share claiming the children as dependants with Husband claiming Erik and Wife claiming Joel. The parties may elect to adjust the use of the dependants in a mutually agreeable manner to achieve the maximum tax savings and appropriately share the benefit. 13. DIVORCE The parties agree to cooperate with each other in obtaining a final divorce of the marriage that Husband has filed, docketed at 02-2200 CIVIL TERM. It is agreed, upon expiration of the mandatory 90-day waiting period (August 5, 2002), that the parties shall promptly execute and allow to be filed the documents necessary to obtain an uncontested no-fault divorce. 14. ATTORNEY FEES Each party shall be responsible for their respective attorney fees and costs. Husband has provided Wife with $200.00 for payment to her attorney and he agrees to not seek reimbursement from Wife. 15. INCORPORATION This agreement is to be incorporated into any subsequent Decree in Divorce. 1 6. CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement, or request of the other party, execute any and all written instruments assignments, releases, deeds or notes or other writings as may be necessary or desirable for the proper effectuation of this agreement. 17. 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 18 . VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each parties has had the opportunity to review this agreement and their legal rights with an attorney. 19. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, 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, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator/executor of the other's estate. 20. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 21. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 22. PRIOR AGREEMENTS It is understood and agreed that any prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void. 23. 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. 24. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 25. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. REOF, the parties set thei~ands add seals ~~/L ~ -'A Date ~'~cott ~rner U/Wftness C 0 0 Date ~J- Charmain~ Werner~'~ Commonwealth of Pennsylvania: : ss County of OUMBERL~Nu : PERSONALLY APPEARED BEFORE ME, this y of , 2002, a notary public, in and for the Commonwealth of Pennsylvania, Scott J. Werner, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. N~t~ry Pith] 'i~ ~T~I~ ~ I Commonwealth of Pennsylvania: : ss County of : PERSONALLY APPEARED BEFORE ME, this~day of J~ly , 2002, a notary public, in and for the Commonwealth of ~ennsylvania, Chaz~aine Werner, known to me (or satisfactorily proven to be) the person whose name is subscribed to the within agreement and acknowledged that she executed the same for the purposes herein contained. Not~y Public Notarial Seal Mary M. Price. Notary Public Carlisle Boro, Cumberland County My Commission Expires Aug. 18, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF SCOTT J. WERNER, Plaintiff VERSUS CHARMAINE WERNER, Defendant PENNA. No. 02-2200 CIVIL DECREE IN DIVORCE AND NOW, 2002 IT IS ORDERED AND DECREED THAT SCOTT J. WERNER , PLAINTIFF, aND CHARMAINE WERNER , 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; THE MARRIAGE SETTLEMENT AGREEMENT DATED JULY 18, 2002 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. SCOTT J. WEP/~ER, : PLAINTIFF : : V. : CHARMAI~ WEP/~ER, : DE~RDANT : IN THE COURT OF CO~ON PLEAS ~~D COUNTY, PENNSYLV]%NIA NO. 02-2200 CIVIL TERM IN DIVORCE STIP~LATION AND NOW, this /~'~ day of ~0~,~' , 2002, the parties in the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that adopted as a Court Order. WITNESS ~/~iTNESS ~/v o ~ it be SCOTT ~H~RM~INE WERN~Rv SCOTT J. WERNER, PLAINTIFF Vo CHARM~INE WERNER, DEFENDANT IN THE CO01~T OF COI~ON PLEAS CUMBERLA~ COUNTY, PENNSYLVANIA NO. 02-2200 CIVIL TERM IN DIVORCE OUALIF?~ DO_M~STIC P~L~TIONS ORDER AND NOW, this ~ ~ day of ~f ,2002, it appears to the Court as follows: 1. Plaintiff, Scott J. Werner, date of birth April 14, 1971, Social Security Number 191-50-8489, hereinafter referred to as "Participant" is a participant in the Pennsy Supply, Inc., 401(k) and Profit Sharing Plan (hereinafter referred to as the ~Plan). 2. The current and last known mailing address of Participant is 160 North Orange Street, Carlisle, Pennsylvania 17013. 3. Defendant, Charmaine Werner, date of birth January 7, 1972, Social Security Number 19~-~4~--~ hereinafter referred to as "Alternate Payee," is the former spouse of the Participant and has raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvau. ia Divorce Code, 23 Pa. C. S. Section 3101, et seq. 4. A Marriage Settlement Agreement was entered into by the parties on July 18, 2002. 5. A Decree in Divorce was entered on August 7, 2002. 6. The current and last known mailing address of Alternate Payee is 1974 Fryloop Avenue Carlisle, Pennsylvania 17013. 7. This Order applies to the following plan: Pennsy Supply, Inc., 401(k) and Profit Sharing Plan. 8. A portion of the Participant's account in the Plan is marital property subject to distribution by this Court. 9. As per the terms of their Marriage Settlement Agreement, the Participant shall pay the alternate Payee a net of $7,000.00 from his Plan. 10. The distribution to Alternate Payee from the Plan shall be made as soon as administratively practicable following the Plan's determination that this order is a Qualified Domestic Relations Order. 11. Participant's death shall have no effect on payment of Alternate payee's benefit under the Plan. 12. In the event the Alternate Payee dies before the Alternate's Payee benefit is paid, the benefit shall be paid in accordance with applicable Plan provisions regarding payments to beneficiaries, in eluding payments when no beneficiary is designated. The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits. The death of the Alternate Payee before the Plan determines that this order is a Qualified Domestic Relations Order shall not affect the right of the Alternate Payee's beneficiary to benefit from the Plan. 13. Participant shall be individually responsible for any taxes incurred because of this distribution out of the Plan to alternate payee. 14. The parties shall notify the Plan of any change in their addresses from those set forth in this Order. 15. Nothing contained in this Order shall be construed to require any plan or plan administrator: a. To provide to the Alternate Payee any type or form of benefit or any option not otherwise available to the Participant 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 order determined by the Plan Administrator to be a Qualified Domestic Relations Order before this Order is determined by the Plan Administrator to be a Qualified Domestic Relations Order, or c. To provide increased benefits to the Alternate Payee. 16. It is the intent of the parties and the court that the provisions of this Order operate as an effective assignment and transfer of the Participant's interest in the Plan under both federal and state laws, for all purposes, and constitute a valid Qualified Domestic Relations Order in compliance, with Section 414(p) of the Internal Revenue Code and Section 206 (d) (3) of the Employee Retirement Income Security Act of 1974 ("ERISA"), as amended by the Retirement Equity Act of 1984. 17. 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 Qualified 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 provided that no such amendment or right of the Court to amend will invalidate this Order. 18. A certified copy of this Order shall be served upon the Plan. This Order shall take effect immediately upon approval of the Order by the Plan and shall remain in effect until further Order of Court. BY THE COURT: