HomeMy WebLinkAbout06-6274
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vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
No. C>I.. - ~.:l1Y ell.> ~C-T ~
CIVIL ACTION - LAW
IN DIVORCE
AMELIAM. WEYANDT,
Plaintiff
GEORGE R. WEYANDT, JR.,
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 by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief in these papers requested by the
Plaintiff. You may lose money or property or other rights important to you, including custody or
visitation with your children.
When the ground for the 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 Court House, 1 Court House Square, Carlisle, P A 17013
(phone 717-240-6195
IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MA Y LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, TIllS OFFICE MAY BE ABLE TO
PROVIDE YOU Willi INFORMATION ABOUT AGENCIES mAT MAY OFFER LEGAL
SERVICES TO ELIGI8LE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTII BEDFORD STREET
CARLISLRPA 17013
1-800-990-9108
(717) 249-3166
, ...
NOTICIA
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas en
las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso
puede proceder sin used y decreto de divorcio 0 anulamiento puede ser emitido en su contra
por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0
compensacion reclamados por el demandante. Used puede perder dinero, 0 propiedades U otros
derechos importantes para usted.
Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio,
used puedet solidtar consejo matrimonial. Una Iista de consejeros matrimoniales esta disponible en
la oficina del Prothonotary, Cumberland County Court House, 1 Court House Square., Carlisle, P A
17013 (phone 717-240-6195)
SI USED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARIT At,
HONORARlOS DE ABOGAOO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL
DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A
RECLAMAR CUALQUlERA DE ELWS.USTED DEBE LLEVAR ESTE PAPEL A UN
ABOGADO DE INMEDIATO. Sf NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VA Y A 0
LLAMEALA OFICINAINDICADAABAJO PARA A VERlGUAROONDE PUEDE OBTENER
ASISTENCIA LEGAL.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, P A 17013
1-800-990-9108
(717) 249-3166
...
vs.
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO. PENNSYLVANIA
No. 01.. -/,,2.7'{ (!;tJL'7-~
CIVIL ACTION - LAW
IN DIVORCE
AMELIAM. WEYANDT,
Plaintiff
GEORGE R. WEYANDT, JR.,
Defendant
COMPLAINT IN DIVORCE
1. The Plaintiff, Amelia M. Weyandt, is an adult individual who currently resides at 603
School Lane, Mt. Joy, Lancaster County, Pennsylvania 17552.
2. The Defendant, George R. Weyandt, Jr., is an adult individual who resides at 3006
Warren Way, Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least six (6) months immediately prior to the filing of this Complaint.
4. The parties were married on September 27, 2000 in Harrisburg, Dauphin County,
Pennsylvania.
5. There have been no children born of this marriage.
6. There have been no prior actions of divorce or annulment between the parties.
7. The Plaintiff avers that the ground on which the action is based is that the marriage
is irretrievably broken.
8. The Plaintiffhas been advised that counseling is available and that Plaintiff may have
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the right to request that the Court require the parties to participate in counseling.
WHEREFORE, Plaintiff respectfully represents this Court to enter a decree of divorce.
L~/?
L. Rex Bickley, Esquire
114 South Street
Harrisburg, P A 1710 I
(717) 234-0577
(717) 234-7832 FAX
Attorneys for Plaintiff
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VERIFICA nON
I, Amelia M. Weyandt verify that the statements made in the foregoing Divorce Complaint
are true and correct to the best of my information, knowledge and belief. I understand that false
statements made herein are made subject to Pa.C.S.A.~4904 relating to unsworn falsification to
authorities.
Date: /D -)''1-/)t
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AMELIA M. WEYANDT,
Plaintiff
IN THE COURT OF COMMQ PLEAS
CUMBERLAND CO., PENN* LVANIA
vs.
No. 06-6274 Civil Term
GEORGE R. WEYANDT, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
DIVORCE SETTLEMENT AGREEMENT
THIS DIVORCE SETTLEMENT AGREEMENT, made this l~r day of
2007 by and between AMELIA M. WEYANDT, of Mt. Joy, Lancaster County,!P nnsylvania,
17552 (hereinafter "Wife"), and GEORGE R. WEYANDT, JR. ofMechanicsbur~, umberland
County, Pennsylvania (hereinafter "Husband").
WI TNESSE TH:
WHEREAS, Husband and Wife were lawfully married on September .., , 2000, m
Harrisburg, Dauphin County, Pennsylvania; and
WHEREAS, differences have arisen between Husband and Wife the conseque
they have lived separate and apart from each other and intend to live separate and ap'
other; and
WHEREAS, Husband and Wife desire to settle and determine their propen rights and
obligations growing out of their marital relationship; and
NOW, THEREFORE, the parties hereto, intending to be legally bound here y, agree as
follows:
1. Separation The parties are currently and have been living separate an apart since
October 3, 2006and will not cohabitate with each other. It shall be lawful for each p at all times
hereafter to live separate and apart from each other at such a place or places as he or s e may from
time to time choose or deem fit. Husband hereby acknowledges that the parties have U ed separate
and apart since October 3, 2006.
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. 2. Inte~ference. From the date of signing this ~greement, each p~y sha~l e fre~ from
mterference, authonty and control of the other, as fully as Ifhe or she were smgle or i mamed,
except as may be necessary to carry out the provisions ofthis Agreement. Neither parrt hall molest
or attempt to endeavor to molest the other, or compel the other to cohabitate with the <f er or in any
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way harass or malign the other, or in any other way interfere with their peaceful exi$t nce, separate
and apart from the other.
3. Mutual Release. Subject to the provisions contained in this A~ eement, each
party has released and discharged, and by this Agreement does for himself or hersel~ d his or her
heirs, legal representatives, executors, administrators and assigns, forever release an ischar, ge the
other of and from all causes of action, claims, rights or demands whatsoever in law 0 quity, which
either of the parties ever had or now has against the other, except a cause or causqs of action for
divorce or all causes of action for breach of any provisions of this Agreement. Furt~ ' each party,
subject to the provisions of this Agreement, releases and forever discharges the other rom any and
all claims one may have against the other arising out of this matrimonial action, incl ding, but not
limited to alimony, alimony pendente lite, spousal support, equitable distribution, COUll el fees, costs
and expenses.
4 . Waiver of Claims Against the Estate. Except as herein otherwise p vided, 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 fut e law of any
jurisdiction to share in the property or the estate of the other as a result ofthe marital elationship,
including, without limitation, dowry, courtesy, statutory allowance, widow's allowanc , homestead
rights, right to equitable distribution, rights to take in intestacy, right to elect against ~ e will of the
other, and right to act as administrator or executor of the other's estate. Each party will~ t the request
of the other, execute, acknowledge and deliver any and all instruments that may be ecessary or
advisable to carry into effect this mutual waiver and relinquishment of all such interes , rights and
claims.
5. Division of Personal Property. Each of the parties hereto has divi ed between
themselves, to their mutual satisfaction, all items of tangible and intangible mati al personal
property, including household furnishings and other similar property. Neither party sh 11 make any
claim to any such items of marital property, or of the separate personal property of ither party,
which are now in the possession andlor under the control of the other. Should it becom necessary,
the parties each agree to sign, upon request, any titles or documents necessary to give ffect to this
paragraph. The property shall be deemed to be in the possession or under the control 01 either party
it~ in the case of tangible personal property, the item is physically in the possession or c ntrolofthe
party at the time of the signing of this Agreement, and in the case of intangible perso I property,
if any physical or written evidence of ownership, such as a passbook, check boo , policy or
certificate of insurance or other similar writing is in the possession or control of the 11>' y.
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6. Wife's Business. The Wife is the sole owner of a barbering busines$
doing business as A Cut on the Go LLC, located in Mechanicsburg, Cumberl d County,
Pennsylvania. The Husband hereby waives and relinquishes any and all rights he maY' w have or
hereinafter acquire in Wife's business. Husband hereby agrees to execute now if neceJs and any
time in the future any and all documents or papers necessary to effect the terms of thh paragraph.
Husband further acknowledges that upon execution ofthis agreement he has no claim, dg t, interest,
or title whatsoever in the real estate and further agrees to never to assert any claim to sfi property.
Husband hereby agrees to renounce, release and disclaim any interest he has:i the business
now and in the future and further agrees never to assert any claim to said business. "
7. Additional Instruments. Each of the parties shall, on demand, exedu e and deliver
to the other any deeds, bills of sale, assignments, consents to change of beneficiary on insurance
policies, tax returns and other documents and do or cause to be done any other act or t ing that may
be necessary or desirable to effectuate the provisions and purposes of this Agreement. f either party
fails, on demand, to comply with this provision, that party shall pay to the other, all a omeys' fees,
costs and other expenses reasonably incurred as a result of such failure.
8. Debts and Liabilities. Husband and Wife hereby represent and warr t to the other
that he or she has not incurred any debts or liabilities or made any contracts for whi~ the other or
his or her estate may be liable, except as stated in this Agreement. If either party tia incurred an
individual obligation during the term of the marriage, that party shall be responsible toid scharge said
obligation and hereby agrees to indemnify and save the other spouse harmless on ~ ount of said
obligation. With the exceptions of the obligations set forth below, each party is the 6 er of his or
her own credit card and credit card accounts and each party will be responsible for hi or her own
credit card obligations.
9. Automobiles The Wife is presently the owner in her sole name of a 997 Toyota
Camry and the Husband in his sole name is the owner of a 2001 Dodge Ram true Each party
hereby waives and relinquishes any and all rights he or she may have now or here fter acquire
regarding these vehicles
10. Warranty as to Future Obligation. Husband and Wife each coven t, warrant,
represent and agree that with the exception ofthe obligations set forth in this Agreeme t, neither of
them shall hereafter incur any liability whatsoever for which the estate of the other m y be liable.
Each party shall indemnify and hold harmless the other party for and against any l d all debts,
charges and liabilities incurred by the other after the date of execution of this Agreeme t, except as
may be otherwise specifically provided for by the terms of this Agreement.
11. Pension The Husband is presently the owner of a 401k Retirem nt Account
through the Husband's work at Lowe's Companies Inc. The parties hereby agree t~ the market
va~ue of the accou~t is $81,770.27 as of the ,July, 2006 statement. ~usband hereby a~ ees that the
WIfe shall be entItled to $42,500.00 of thIS account and the partIes hereby agree it execute a
Qualified Domestic Relations Order to effectuate the terms of this provision a coPY f which is
attached hereto.
12. After Acquired Personal Property. Each of the parties hereto shall he eafter own
and enjoy, independent of any claims or right of the other, all items of personal prop~ , tangible
or intangible, hereafter acquired by him or her, with full power in him or her to dispos~ fthe same
as fully and effectively, in all respects and for all purposes, as though he or she were \ married.
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13. Legal Advice. This Agreement has been prepared by L. Rex Bickl~
Wife. Husband acknowledges and understands that he has the right, ifhe so desires, \t
counsel of his own choice regarding the provisions of this Agreement. He has bee~'
Wife and through this Agreement by his Wife's attorney to obtain legal counsel wit
divorce and the terms of conditions of this Agreement. He has elected not to do so
has signed this Agreement voluntarily and with the full knowledge and unders
provisions set forth herein. I
Attorney for
consult with
vised by his
spect to this
e, however,
ding of the
14. Disclosure. Each party has full knowledge of the current financial cp dition of the
parties' joint assets and separate assets. Each party also has full knowledge of the ~ ent income
of each party. Both Husband and Wife covenant and represent that the assetsJ roperty and
information contained in this Agreement fully and fairly disclose the full financial c~ dition of the
respective parties. Each party has had the opportunity to request additional inform~t on, seek the
advice of financial and/or legal counsel with respect to all financial information CO~l ined in this
Agreement and are fully satisfied with the information set forth and the terms and co~ itions of this
Agreemem. I
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15. Mutual Consent Divorce. The parties agree to cooperate with respe~t to obtaining
a no-fault divorce and agree to execute any and all documents necessary to effectua~ the terms of
this paragraph without delay.
16. Effect of the Divorce Decree. The parties agree that unless otherwise specifically
provided herein, this Agreement shall continue in full force and effect after such tl e as a final
decree in divorce may be entered with respect to the parties. It is the intent of the Part~e hereto that
this Agreement shall create contractual rights and obligations as well as becoming inc orated into
the Court Order and that this Agreement may be enforced by contract remedies in a ition to any
other remedies which may be available pursuant to the terms of this Agreement or ot4 wise under
the Pennsylvania divorce laws.
17. SupportJAlimonv. The Wife hereby acknowledges that she is receiving.a equate and
substantial child support from Husband. The parties agree that support shall continue it has been
in the past on an informal regular basis. The Wife agrees to waive any claim for :.a imony and
alimony pendente lite now and in the future.
18. Counsel Fees. Each party shall be responsible for the payment of h~s r her own
counsel fees.
19. Breach. If either party breaches any provision of this Agreement, the ther party
shall have the right, at his or her election, to sue for damages for such breach. The p . breaching
this Agreement shall be responsible for the payment of all legal fees and costs incurre~ y the other
in enforcing his or her rights under this Agreement, or seeking such other remedy or ~e ief as may
be available to him or her. It is also understood that either party's failure to coope~a e with the
effectuation of the divorce shall constitute a breach of this agreement and the breaching arty shall
be responsible for the payment of the other party's legal fees and costs.
20. MOllification and Waiver. ModificatiOl;- or waiver of any prb ision of this
Agreement shall be effective only if made in writing and executed with the samt ormat as this
Agreement. The failure of either party to insist upon strict performance of any oft e provisions of
this Agreement shall not be construed as a waiver of any subsequent default of the' e or similar
nature.
21. Severability. If any prOVIsIon of this Agreement is held to . invalid or
unenforceable, all other provisions shall nevertheless continue in full force and eff~ 1.
22. Descriptive Headings. The descriptive headings used herein are f<llr convenience
only. They shall have no effect whatsoever in determining the rights or obligations 10 the parties.
23. Successors and Assigns This Agreement, except as otherwise expre sly provided
herein, shall be binding upon and shall inure to the benefit of the respective legatees, d visees, heirs,
executors, administrators, assigns and successors in interest of the parties.
24. Governing Law. This Agreement shall be governed by and shall qe construed in
accordance with the laws of the Commonwealth of Pennsylvania.
25. Entire Agreement. This Agreement contains the entire understanding f the parties
and there are no representations, warranties, covenants or undertakings other than t~ se expressly
set forth herein.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound ereby, have
hereunto set their hands and seals the day and year first above-written.
WITNESS'
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(SEAL)
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
On this the --1:J.L day of ~ , 2007 before me the undersigned offi.c r, personally
appeared George R. Weyandt, Jr., known to me or satisfactorily proven to be the pers() whose name
is subscribed to the foregoing instrument and acknowledges that he executed the ame for the
purposes therein contained.
IN WITNESS WHEREOF, I hereby set my hand and official seal.
Notary P
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COMMONWEALTH OF PENNSYLVANIA
ss:
COUNTY OF DAUPHIN
On this the ~ day of ,::;.. ,2007 before me the undersigned offlc f, personally
appeared Amelia M. Weyandt, known to me or satisfactorily proven to be the pers~ whose name
is subscribed to the foregoing instrument and acknowledges that she executed thie same for the
purposes therein contained.
IN WITNESS WHEREOF, I hereby set my hand and official seal.
Notary Public
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. Complete items 1, 2. and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this car~ to the back of the mail piece,
or on the front If space permits.
2. Article Number
(fransfer from service labeQ
PS Form 3811. February 2004
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3. . Syvlce Type
..z=I Certified Mall 0 Express Mall
Cl Registered 0 Return Racei
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4. Restricted Delivery? (Extra Fee) Yes
Domestic R~~~t 2595.Q2.M.1540 l
7004 0750 0002 8071 729
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AMELIAM. WEYANDT,
Plaintiff
IN THE COURT OF COM?\jI N PLEAS
CUMBERLAND CO., PENN YL VANIA
vs.
No. 06-6274 Civil Term
GEORGE R. WEYANDT, JR.,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
I understand that I may lose rights concerning alimony, division of prope lawyer's fees
or expenses ifl do not claim them before a divorce is granted.
I understand that I will not be divorced until a divorce decree is entered by e Court and
that a copy of the decree will be sent to me immediately after it is filed with the Plr thonotary.
I
I verifY that the statements made in this affidavit are true and correct. I understan4 hat false
statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relatiIt to unsworn
falsification to authorities.
Date:~
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AMELIA M. WEYANDT,
Plaintiff
IN THE COURT OF COMNf N PLEAS
CUMBERLAND CO., PENN YL VANIA
vs.
No. 06-6274 Civil Term
GEORGE R. WEYANDT, JR.,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was fi ed on October
26, 2006.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety 90) days have
elapsed from the date of filing and service of the Complaint.
I consent to the entry of a final decree of divorce after service of notice of inte tion to request
entry of the decree.
I verify that the statements made in this affidavit are true and correct. I undets d that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relati g to unsworn
falsification to authorities.
Date: ~2.1/} 7
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AMELIAM. WEYANDT,
Plaintiff
IN THE COURT OF COMNt4 N PLEAS
CUMBERLAND CO., PE~ YL V ANIA
vs.
No. 06-6274 Civil Term
GEORGE R. WEYANDT, JR.,
Defendant
CIVIL ACTION - LA W
IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was fi ed on October
26, 2006.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety 90) days have
elapsed from the date of filing and service of the Complaint.
I consent to the entry of a final decree of divorce after service of notice of inte tion to request
entry of the decree.
Date:
cJ!yO/07
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I verify that the statements made in this affidavit are true and correct. I undells d that false
statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 rela~i g to unsworn
falsification to authorities. .
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AMELIAM. WEYANDT,
Plaintiff
IN THE COURT OF COMN1
CUMBERLAND CO., PE
vs.
No.
GEORGE R. WEYANDT, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
I understand that I may lose rights concerning alimony, division of prope , lawyer's fees
or expenses if I do not claim them before a divorce is granted.
I understand that I will not be divorced until a divorce decree is entered by he Court and
that a copy of the decree will be sent to me immediately after it is filed with the Pr thonotary.
I verify that the statements made in this affidavit are true and correct. I understan~ hat false
statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relatiri to unsworn
falsification to authorities.
Date:) jc9 0 I () 7
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AMELIA M. WEYANDT,
Plaintiff
IN THE COURT OF COMM N PLEAS
CUMBERLAND CO., PE~ YL V ANIA
vs.
No. 06-6274 Civil Term
GEORGE R. WEYANDT, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO TRANSMIT THE RECORD
To the Prothonotary:
Transmit the record, together with the following information to the court for en of a divorce
decree.
1. Ground for divorce:
Irretrievable breakdown under 330I(c)
JJOl(d)(l) oft;h~ DiY8fee Code
(Strike out inapplicable section)
2. Date and manner of service of the complaint: Certified Mail
Restricted Delivery MaiL October 30. 2006.
3.
Complete either paragraph (1) or (b):
a. Date of execution of the affidavit of consent required by
code:
By plaintiff: February 20. 2007 By defendant: Febru
b.(l) Date of execution of the affidavit required by 330I(d) ofth~
30I(c) of the
Divorce
(2) Date of filing and service of the plaintiff's affidavit upon toe respondent:
20 2007
ivorce code:
4.
Related claims pending:
None
5. Complete either (a) or (b)
a. Date and manner of service of the notice of intention to fi e praecipe to
transmit record, a copy of which is attached:
b. Date of plaintiff's Wavier of Notice in 330I(c) Divorce was filed with the
Prothonotary: ) I ' t 0 7
r
......,.
,
,
AMELIA M. WEYANDT,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYL VANIA
vs.
No. 06-6274 Civil Term
GEORGE R. WEYANDT, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
WHEREAS, Amelia M. Weyandt, Plaintiff and George R. Weyandt, Jr., Defendant, were
married in Harrisburg, PA on September 27,2000;
WHEREAS, the parties have separated and have obtained a decree of divorce;
WHEREAS, pursuant to the dissolution of marriage, the Plan Participant and the Alternate
Payee have entered into a Consent Order which provides for a division of the marital estate and all
other property, real and personal, tangible and intangible, including their respective interests in the
Lowe's 401(k) Plan (hereinafter the "Plan");
WHEREAS, the Plan Participant and the Alternate Payee wish to settle all issues relating
to their interests in .the Plan;
NOW THEREFORE, in consideration of the foregoing premises and the mutual promises
hereunder specified, the parties do agree, and the Court does order, as follows:
SECTION 1. The parties and the Court intend this Order to constitute a "qualified domestic
relations order" (a 'QDRO") as defined in Section 414(P)(1) of the Internal Revenue Code of 1986,
as amended (the "Code"), and Section 206(d)(3)(B) of the Employee Retirement Income Security
Act of 1974, as amended ("ERISA").
SECTION 2. This Order applies to the Lowe's 401(k) Plan.
SECTION 3. Amelia M. Weyandt is hereby designated as the "Alternate Payee" as that term
is defined in Code Section 414(P)(8) and ERISA Section 206(d)(3)(K). George R. Weyandt, Jr. Is
hereby designated as the "Plan Participant".
,.
"
The names, Social Security numbers, dates of birth, and mailing addresses of the Plan
Participant and the Alternate Payee are:
The Plan Participant:
Name:
SSN:
Mailing Address:
George R. Weyandt, Jr.
174-38-0880 DOB: 7/21/61
3006 Warren Way
Mechanicsburg, P A 17050
The Alternative Payee:
Name:
SSN:
Mailing Address:
Amelia M. Weyandt
203-64-9197
603 School Lane
Mt. Joy, PA 17552
DOB: 2/25170
The Alternate Payee and the Plan Participant shall keep the Plan Administrator informed of
their current addresses. Any notice of a change of address should be made in writing and mailed to
the Plan Administrator at the following address:
Plan Administrator (HR)
Lowe's 401(k) Plan
Attn: Peggy Broyhill (PRN6)
Lowe's Companies, Inc.
PO Box 1111
North Wilkesboro, NC 28656
(Or such other address as the Plan Administrator may specify in a written notice to the Alternate
Payee and the Plan Participant).
SECTION 4. From the benefits which otherwise would be payable to the Plan Participant
under the Plan, the Plan Participant assigns to the Alternate Payee and the Alternate Payee shall
receive from the Plan a benefit equal to $42,500.00 of the Plan Participant's account balance under
the Plan, not adjusted for earnings/losses from October 3,2006 to the date of transfer to the Alternate
Payee provided, however, that in no event shall the Alternate Payee be entitled to an amount under
this Order that exceeds the value of the Plan Participant's account in the Plan as of the date of
transfer to the Alternate Payee.
This dollar amount shall be taken pro-rata from the Plan Participant's subaccounts in the
Plan, and pro-rata from the various investment funds in which each such subaccount is invested.
SECTION 5. The Plan Administrator will establish a separate account for the Alternate
2
,
Payee under the Plan. The Alternate Payee will direct the Plan Administrator as to any
disbursements from that account.
SECTION 6. The Plan Participant and the Alternate Payee are ORDERED to report any
distributions that either of them may receive on their respective federal income tax returns for the
year received. The Plan Administrator or Trustee, as the case may be, is authorized to issue a Form
1099, and Form W-2P, or other appropriate Internal Revenue Service form, upon any payment or
distribution made to either party.
SECTION 7. If the Alternate Payee dies before the total amount of her benefits under the
Plan has been distributed to her, any remaining amount will be paid to Diane M. Campbell. In this
regard, the Alternate Payee may complete a Beneficiary Designation Form from the Plan
Administrator and may request a new form at any time in the future if a change in beneficiary is
desired.
SECTION 8. This Order does not require: (i) the Plan to provide any type or form of
benefit, or any option, not otherwise provided under the Plan, except as permitted by Code Section
414(P) and ERISA Section 206( d); (ii) the Plan to provide increased benefits; or (iii) the payment
of any benefits to the Alternate Payee which are required to be paid to another alternate payee under
another order previously determined to be a QDRO.
SECTION 9. This Order relates to the period that starts with the execution ofthis Order by
the Court, and ends when all benefits assigned to the Alternate Payee hereunder have been
distributed, in full, from the Plan, in conformity with the provisions hereof. This Order has been
issued pursuant to state domestic relations law to enforce marital property rights of the Alternate
Payee who is or was the spouse of the Plan Participant.
SECTION 10. Since it is intended that this Order will qualify as an QDRO, the
provisions hereof shall be administered and interpreted in conformity with ERISA and the Code.
The Court shall retain jurisdiction to amend this Order for purposes of establishing or maintaining
its qualification as a QDRO under ERISA and the Code, and either party may apply to the Court for
such an amendment.
SECTION 11.
(a) In case ofa conflict between terms of the QDRO and the terms of the Plan,
the terms of the Plan shall prevail.
(b) The Alternate Payee shall be a "beneficiary" of the Plan for purposes of
ERISA.
(c) All notices to be given or documents to be sent to the Plan Administrator shall
be addressed in accordance with section 3 and shall not be deemed given to the Plan unless sent
3
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..
certified mail, return receipt requested.
(d) The parties shall hold the Plan (and its sponsor and fiduciaries) harmless from
any liabilities which arise from this QDRO, and the use of this form Order, including all reasonable
attorney's fees which may be incurred in connection with any claims which are asserted because the
Plan honors this QDRO.
(e) The Plan and its sponsor and fiduciaries shall not be responsible for any
attorney's fees incurred by the Plan Participant or the Alternate Payee in connection with obtaining
or enforcing this QDRO..
SECTION 12. The Plan Participant shall be obligated to furnish a filed certified copy
of this Order with original stamp and seal to the Plan Administrator. The Plan Participant shall
inform the Plan Administrator of the parties' intention that this Order constitutes a "qualified
domestic relations order". If, within thirty (30) days of the Court's entering of this Order, the
Alternate Payee does not receive notice (at the address specified in section 3) from the Plan
Administrator that the Plan Administrator has received a copy of this Order, the Alternate Payee, at
her discretion, may fulfill the Plan Participant's notification obligation set forth in this Section 12.
icipant's Attorney
Date~% ~
~I?f~
Signature of the Alternate Payee or the Alternate Payee's Attorney
Date: ). - )'0'07
IT IS ORDERED this the "..- day of
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
AMELIA M. WEYANDT.
Plaitniff
No. 06-6274
Civil Term
VERSUS
GEORGE R. WEYANDT, JR.,
Defendant
DECREE IN
DIVORCE
AND NOW,
, ;
2007 , IT IS ORDERED AND
~~
DECREED THAT
AMELIA M. WEYANDT
, PLAI NTI FF,
AND
GEORGE R. WEYANDT, JR.
, 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 attached Divorce Settlement Agreement dated February 20, 2007 is
incorporated into but does not merge with the Divorce Decree.
PROTHONOTARY
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