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HomeMy WebLinkAbout02-2746ZHANGJI COVER, Plaintiff BRADLEY L. COVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 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. 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 off.lee of the Prothonotary. 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 Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 · ~ LAW OFF/CE ZHANGj/COVER, BRADLEy L. COVER, DEFENDANT .: IN THE COURT OF ~',~--- ..' t'uMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-2746 CML TERM : CIVIL ACTION. LAW : IN DIVORCE Dated: Jane .J_~._, 2002 P/ease enter my appearance on ~h~fof~e ~fend~ H~ey L. Cover. ReS~cffully subdued, ~W ~ OF SUSAN ~y CANDIELLO, P.C. Mech~icsb~g PA 17050 (7~7) 7~930 ZHANGJI COVER, Plaintiff VS. BRADLEY L. COVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : DIVORCE COMPLAINT COUNT 1 - DIVORCE AND NOW comes Plaintiff, Zhangji Cover, by her attorney, Diane S. Baker, Esquire, and files this Complaint, based upon the following: 1. Plaintiff, Zhangji Cover, is an adult who currently resides at 1433 Northampton Lane, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant, Bradley L. Cover, is an adult individual who currently resides at 7 West Schoolside Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant were married on September 13, 1989, in Shanghai, China. 4. Plaintiff and Defendant separated on or about November 24, 2001. 5. Ptaintiffhas been a bona fide resident of this Commonwealth for at least six (6) months immediately prior to the filing of this Complaint. 6. Defendant is not presently a member of the Armed Forces on active duty. Plaintiff is not presently a member of the Armed Forces on active duty. 7. There are no pending actions in divorce or annulment in this jurisdiction or in any other jurisdiction brought by either Plaintiff or Defendant above-named. 8. Plaintiffhas been advised of the availability of connseling and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that the marriage is irretrievably broken. COUNT NUMBER 2 - CLAIM FOR EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 above are herein incorporated by reference. 11. The Plaintiff and Defendant are owners of various items of personal property, furniture and household furnishings acquired during the marriage which are subject to equitable distribution by the Court. 12. The Plaintiff and Defendant are owners of various motor vehicles acquired during the marriage which are subject to equitable distribution by the Court. 13. The Plaintiff and Defendant singly or jointly have interests in various bank accounts acquired during the marriage which are subject to equitable distribution by the Court. 14. Plaintiff and Defendant own or have an interest in real estate which is subject to equitable distribution by the Court. 15. The Plaintiff and the Defendant have acquired during the marriage other marital property which is subject to equitable distribution by the Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Equitably distributing all marital property owned by the parties hereto; and (c) Such further relief as the Court may determine equitable and just. DATE: "~(__~N~e ~. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg,' PA 17112-0443 (717) 671-9600 ZHANGJI COVER, Plaintiff BRADLEY L. COVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW DIVORCE VERIFICATION I verify that the statements made in this Complaint are tree 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. ZH~NG3I COWER - -< ZHANGJI COVER, Plaintiff Ve BRADLEY L. COVER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Zhangji Cover, in the above-referenced matter. DATE: Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 m, IVG RC E OR A]~NUL,VIENT r s?-~"-: ;~.= H U~:~ANr~ ZHANGJI COVER, Plaintiff VS. BRADLEY L. COVER, Defendant : IN THE COURT OF COl~ : CUMBERLAND COUNT~ : : NO. 02-2746 CIVIL TEll/ .. : CIVIL ACTION - DIVOR~ AFFIDAVIT OF SERVICE I, Diane S. Baker, Esquire, hereby certify that a true an( Complaint in Divorce was served on the Defendant by certified me return receipt requested, on June 11, 2002, at the Defendant's last kn 7 West Schoolside Drive Mechanicsburg, PA 17055 The return receipt card is attached hereto as Exhibit "A". Sworn to and subscribed before me this ~ ~5qfia day of ~'-u, rx¢_. ,2002. q.._.~ttomey for PI~ Notary Pt~ic NOTARIAL SEAL MELISSA A. POLING, Notary Public ,~)~e~r P .a~xto. n Twp., Dauphin County ~ n~y omm~ss~on Expires Sept. 1,2003! [MON PLEAS ~', PENNSYLVANIA 2E · correct copy of the il, restricted delivery, )wn address of: Esquire ntiff · C°mplet$ ite~m i, 2, and 3. A~o complete item 4 If RestS. ted Delivery is dealm~. dnt your name and addmla o~ the reveme 1 · j~.~m A~ tO.' 2. Article Number 3..Service Type ~ Mail I-I Exp,'e~ Mall [] Registered 0 Return I 0 Inaured Mail n C.O.D. for Form 3811, August 2001 Domestic Return Receipt EXHIBIT "A" 102595-01 -M-0381 ZHANGJI COVER, Plaintiff VS. BRADLEY L. COVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : NO. 02-2746 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF CONSENT 2002. 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 5, 2. 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. I verify that the statements made in this affidavit are ~'ue and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. DATED: PLAINTIFF ZHANGJI COVER, PLAINTIFF VS. BRADLEY L. COVER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 02-2746 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about June 5th, 2002. A true copy of the Complaint for Divorce was served upon the Defendant, on June 11th, 2002 by certified mail return receipt restricted delivery. 2. The marriage between the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce, after the service of notice of intention to request entry of the decree. 4. I understand that ifa claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees or expenses has not been filed with the Court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I have been advised of the availability of marriage cxmnseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselons in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the Statements 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. BRADLEY ~. COVER ZHANGJI COVER, Plaintiff VS. BRADLEY L. COVER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, I?ENNSYLVANIA NO. 02-2746 CIVIL TERM CIVIL ACTION - LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divomc is granted. 3. I understand that I will not be divomed until a divome 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 tree 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. DATED: ZHANGtJI COVEIlJ PLAJNTIFF ZHANGJI COVER, PLAINTIFF VS. BRADLEY L. COVER, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-2746 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO RE~IUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 a~er 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.. CS. Section 4904 relating to unswom falsification to authorities. DATE BRADLEY I~/COVER 04/22/2004 0§:08 F.,L~ 724 463 8006 HOLIDAY INN INDI..LN.I, ~002/022 MARITAL SETTLEMENT AGIZEEMENT - AGREEMENT, made this/.~ day of ,~ ,2~kq4, by and between ZIIANCJI COVE~ heminaRer referred to as "Wife", and B~U,~Y L. COVER, herelnal~er rcfer~d to aa "Hus~nd % WI~ESSETH: WHEREAS, the parti~a hereto am tlusband and 'Wi~c. having ~cn m;~rriod on Seplambcr ~3, ~P89, and tl~r~ is one ~[Id born off th~ marring,:, Miranda L Covur, ;x~rn March 29, ~991; WIiEREAS, diwrse unhappy ~iffcrcn¢cs, disput~ an~: difficulties haw a~en between the parties, and h is the intention of Wif~ and Husband to live s~pa~lt¢ and apasa for th~ r~sl their natural liv¢~ and th~ pmai~s h*r~to am desirous of s~ttling fully and finally their r~spectivc financial and property ri~ts and obligatioms as b¢~een each other, including, without limitation by ~peclflcation: the ~;rling of all mattem b~tw~a them r~ialiag to tha ownership oi: r~al and ~rsonal property, tho cqui~tbl~ distribution o~ such property; the s~ttling or' nil maUer~ between thom relating to the past, p~sent and t'umr~ suppurt and/or ~;ti~t~nanc~ of Wi~a by Husband or ug Husband by Wife; and, ia g~ncral, th* settllag of any ;md all ~la~s and ~ssiblu claims by on~ against the other or against tlleit ~s~ctivu ~sta~s. NOW, 'I'HE~I~, in consideration of th~ p~mises al~d of th~ mutual promises, coveaa~ts and undertakings huruina~t~r SCl forth and flor otb¢r goo~ and valuable ¢oasia~ratlon., ~e~ipt of which is hur~by a~owl~dged by ~aell of th~ parii~s h¢r~lo, Wife ~nd Husband. intending to ba legally ~und h~ruby, ~wlla~t and %w~c as follows: 04/22/2004 09:08 F.~[ 724 453 8006 ]t0LIDAY INN INDIANA [~003/022 AGREEMENT NOT A BAR .'FO DIVORCE PROCEEDINGS. Thi,~ Agreement shull ~ot bo considcrect to affect o~ bar the right oL' W~fo or Hush,md to a ~ivorc~ law'Jul grotmds R' sud] g['ounds ~ow exis~ or shull hereafter exist or to such defense as may be ~v=ibble to either p;tr~y. This A~rccmeat is not imend~d [o condone and shall ~o~ bc deemed a coAdon~tion on the p~rt or either pa~y hc~o of ~ny act or acts on the par[ or thc othcr par~y which have occurred prior to or which m~ty occur subscqt~ctl~ to thc date hereo~. 2, E~EQq' 0F DIVORCE DECREE. Thc par~ics agree that, unl¢~s o~h~rwis~ specifically provided h~r~in, this Agrccme~lt shall cootinue in 1~]11 rerun ~d effect after such as a fh~al dccrcc in divorce may be ~nmr~d wilh rcspc¢[ to thc p~ti~. It is tho intel~t ()~ parties her~lo that this Agreement shall create ct)ntractult] rights and obligations cntiroly independent et any Court Order and that thb Agrccmc[~r may be, ¢13l~orced by contrac[ ramgdics in ~ddition [o uny other remedies w[Itch ri}ay bc availabl~ purstmnt to Ibc tcrnls of tills Agreement or o~h~rwisc undcr law et equity. 3. AGREEMRNT TO BE INCORPORATE~ I~N DIVORCE DECREE parties agrgo that tho tc~s of ~ll{s Agr¢~menl shall ~ incorpora[ed, but not m~cd~ into z~ny dlvorc~ d~crcc which tuay bc catered with respect to thell~. '~;'he parties further agree theft thC Court of Common Pleas which may cater such divorce dc~ce shl)[[ retain continuing jurisdiction over thc p~ti~ a~d the subject ma(tot et' thc Agl~em~nt for ibc sole purpos¢ o.t' ~nforc~mcnt of any of ~¢ p~vislons thereof'and not for m(~ificatioa cf th~ A~eement. 4. DATE OF EXECUTION. ~e "date of ¢xecation" or "cxccutioa da~" of this A~c~mcnt shall be detqn~d gs Ihc date upon which [I is cxocugd by the ~rties ir racy I~:~vo each ex~¢u[~d tho Agr~gmen~ on thc s;un~ date. Olhc~igo, the "data of cxcouti011" 0r "exacution 2 04/22/2004 09:09 FA,'[ 724 463 8006 ]JOLIDAY INN INDIANA, ~004/022 dale" oE this A~rce.mcnt .sh=ll be del"ined a,n thc date of cxccutiot~ by thc part7 last =xecutlng this 5. ADVICE OF COb'NSE~ The p~'ovisions or this Agrccmcat and tllcir leg}il efl~ct have bccn fully cxplain*d to WiF~ by h~r attorney, Diane 5. Baker, E~u[re. sad to l'lu~and hy his attorney, Susan Kay Candicllo, Esquire. '~a [tarries aclcnowlcdgc that they fully tmdcrstand ~e facts and they acknowledge slid accept that this Agreement is, in thc circumst;mc~, fa~r and cquit/tb[c m~d filet it is b~ing entered into freely and voluntarily and that execution of this AgreemenL is not thc r~ult of say duress or undu~ infltmnc~ and that il is lie[ thc result of any ~l[usion or improper or illegal u~mco[ or agrccmcflt*. Thc parties further acknowledge that they havu ~ach made to tho other a full and complete disclosure of their re.peet[ye assets, es[ut~, liabilitics, trod sources of incom~ and thai lhcy waive any specific enumeration tllcrcof for the pu~)ses of this Agreement. Each par~ agrees thru he and sltc Shall out, at ~ny rutur~ time, mi~c as a defense or otherwi~ LbO lnck of such disclosure in any leg~d proceeding h~volving this A~ccmcn~. wi~h the exc~ptkm er disclosure that may have b~n ~audul¢ntly withheld, 6. PERSONAL RIGIITS. Wi~ and Husband. at all time~ lae~arlur, may and shall tire separate and apart. ~ey ~hall be I¥ce from any control, rcstraiut, interference or authority, direct or indirect, by thc o~hc/in all respects as t'ully as if they were unmarried. Each may, ~ur his m' h~r so.rotc u~ or ben. fit, ~nduch carry on amd cn~agc in any busln~ss, occupatioll, pmfc~ion or emptoymunt which m him or her may mere advisabl¢, 04/22/2004 09:0§ F.(I 724 463 8006 HOLIDAY INN INDI.~NA ~005/022 7. ~UBSEQUENT RECONCILIATION. Thc parties agree that thc ~:crrr, s of this Age,merit shall not bc ail'coted by their subsequent co-habltat[on or re~;umptlon or marital relations, unless the part[es otJ~ef'~v'is~ specifiualiy agre~ in writing. 8, MUTLrAL RELF..ASES. l-Iusbaad aud Wife each cio hur~l:)y mutually rem[se, ~el,'ase, quitclaim and forever discharg~ tha other and th~ ~statc: of thc other, for ~lll tittle to colnc, and for all purposes ;vhaL.;oav~'~. of and from uny and tdl rights, title and interests, or claims in or against th~ propo':y (including laconic and gain t¥oal property hereafter accruing) or th~ othur or against tho estate of such other, of whatever nature or whoresc,evar situ,t~te~ which he or sbt; now has or at any tim~ h=r~a~'ter may haw against Lhe other, thc ¢.st:,c or' thc o~hcr or any par~ thcrcot'. wh~ther adsinff out of any .f.~ormcr acm, contracts, cugu~ements or li3~[]it[~s o~ Lh~ othe~ or b~ way of dower or CLirlcsy, Or C[ai~S ia the Ilature of dower Or curlosy or wJdow"s or widower's right, fm~[ly =x~mplion t)r similar allowance, or u~dcr ~hc i,nt¢stato taw~, or the righ~ to tak~ ug~inat Ihe spouse's will; or thc right to troat a llfedme conveyunc~ by thc other as ;osmmclltary, or alt other tights of a sullying spouso to participate in a dece:tsed spouse's matte, whuthur arising under the laws of (at Pcmk~y[vania. (bt any Stat~, Commonwoltlt or tcrrltory of tac United Sta~cs, or (ct any other country, or uny rights which citt~er party n~y hav= or al any lime h~al'tcr shall have for past. present or future sap. sot maintenanca, ~]imony, alimony pcadeata lite, ct~unsa] roes, pmpcr~ division, coats or expenses, whether ~tfising tlc a r~sult o't' the iDari~[ rolatlon or o~hcrwisc, cx~ph ~ll rights ~d ug~cmcnts and obligaliona u~ whatsouvcr nature arising or which ~my ar~c un,er thi~ Agmemen~ or {or tile brcacll of any provision thereof, l~ is thc intol~tion of Husband and Wit~ w give to e~;ch other by thc c~ccution of this Agrocmcat a full. compl~: .nd g~n~ral r~l~s¢ with ~asp~ct ~o any and ail propcay of tiny kind or 4 ~,d £~:G[-gG&-,LI& me-I ~45 dE:O:[O bO E;I 04/22/2004 09:09 FAX 724 483 8006 HOLIDAY INN iNDI~A ~UU~/UZZ nature, real, person~ or mixed, which rl~¢ other now owns or *nay hereafter t~equim, except t,nd only except all rights and agreements and obligations or w~tsocvcr nature arising or which may arise under this Agreement or for thc brottch o~ any provision thereof. It is further agreed tilter this Agreement shall b~ and ~nstitut~ a full trod final r¢~lution of any and all claims which each of the panics may have a~inst ~e other for ~quitabl¢ division of property, alimony, coun~l fcc~ grid ¢xpm~s, alimony p~nd~nte lite or any other claims pu~aant to the P0~sylvania Divorce Code or th~ divome laws of any other jurisdiction, 9. DATE OF SEPARATIO~. 'rh~ parties agmc that for the purpose of equitable distribution th~ date of s~paration of tho {~artics was November 24~ 200 I. 10. RETIREMENT AC~QV~g AND PENSION P~N~ Wi'I~ h~s been employed during thc marriage by the Commonwealth of Pemlsylvania and as a result of her ¢mplo~gnt is the title owner of a retirement plan of unknown v~luc, a portion of whicla is marital property. Husband waives any rights he may [lave to ti'lis retirement accoum of Wife and it shall bc~m~ her sole and ~pamt* pm~rty. Htrsband was employed during thc murriug~ by M~tso Grinding and as a result of said ~mploymem ia the title owner of a 401(k) plaa. The ~i~ ~ that WiI~ shall tec~ive the sum of $20,~g.00, plus ~lual gains or losses a~rued on that amount since March 19, 2~4. It is intended by tho parties that tl:e prov~io~ for trans'fer ~ff Husband's 401(k) to Wife sh~ll ~ approved by Ihe Coma as a separate order which shall, up{m approval by the Plan A~ini~trato~, constitute a Qualified Domes~c Relations Ordor ("ODRO") under ~ I.R.C. Wif~ shall b~ responaibi¢ for p~parahon of all documcam necessary to effectuate the ~omm~ntloned transfers from his 401(k) Plan to Wif~. ~c panics acknowledge tim; at[achud to this Agreement ms "~hibit A' is the dr~ Domestic Relations Order which they 5 04/22/2004 09:10 FAX 724 463 5006 HOLIDAY INN INDIANA ~007/022 intend to submit To the Pt~n Admitfistt'utor of Husbtmd's 401 (k) PLan for qualification. Tho parties a~:owledg~ that th: Plan Administrator may ~u~ ~Hght vari~tions in }anguagc to mad: in ordmr to ~mply wi~a the Pl~n, but tl~¢ sum and substance of th: t:rms of "Exhibit n~afia~ to e~metuate the mms~er upon ~lucst, ioeluding thm ODRO an~ any pumua~t to ERISA or thc Retirement Equity Act or any aimil,hr Act tllat may be required fronl time to time to accomplish th~ pu~c of this Paragraph. Except as specifically provided for this Agtzement, Wilb and llu~amd h~r~y release and waiw uny slid ali intermst, claim, or right that sh~ or ]1~ may have to any and ~{I retirement benefits (including pension or profit sharia~ benefit) or slmilan benefits of the uthor patty. 11. PKRgONAL PRQp~R~. Husband and Wil~ do hereby acknowledge that they ha~¢ divided thoir tungibl: [~rsonal proart, {ncluding, but without limitation, clothes, t'urnitur~, ftfft~ishing% rugs, ca.ts, household equipment and appl{aa~, pictut-ca, b~ks, works of art and other persolml p~p~rty ia aa equltabl: a manner as po~ibl~, ~l such pru~rty currently in possession of Wff~ shall become the suite and exclusive property of exit for tho~ [terns s~t fo~b on ~xhlbit B o~ this Agra:mont which shall b: ~ansferr~d to Husbai~d. ~1 sach pro}~crty cu~cntly in possessiou of 'Husband and thc items scL' ~bcth on Exllibit B shall become tho aol~ and exclusive property of I-la,band. Husband shall notify Wil% o~ a date and time when he is picMng up his pc~nal pmper~:y. Wife shall assure ~lat all such properly is in tho garage of thc ~i~ r~sidcn~ and abm shall not bm visible at fl~e limo of thc pick-up. Al%r receiving his pmmonal p~peny, ~usband shall immediately return m Wife g:m~g¢ door o~ner for thc residence, ~:lcss othe~Lsc agreed upon by thc parties, if 6 Fails to pick up his pmpe~'ty by May 23, 2004. hc waives ail ri,ghL,~ he may have in such personal property and it shall became Ibc sole and sepamt~ property of Wife. TIle parties cio hen:by spccifie4dly waive, release, renounce and forever abandon wh. tttcvcr claim, if any, ha ar sl~: may havc with respect to thc t~bovc items which ,qmll become thc sole and separate property of lhc other. 12. AFl'ER-ACe[tIRED PERSONAL PRQPERTY. Each o[ !Itc purtics shall her~Ja£ter own and enjoy, indepundently of any claia~ or rlb, ht o£ the ot~er, all £tcnts of personal property, tanglblc or inratlgible, hereafter acquircd by him or her, with full power in him et her dispose of the s;tme us ~ully and ctI'activ~ly, tn ~lll rcspcc[s {uld tbr id] purpas~s, as Ihough he ~e were unmarried. 13. ~ ~c parties ate th~ owners of a t~csharc interest known as Palm Beach Shores. Husband waives any rights he m~ty h;t~vc to this tlm~ shar~ interest and shall b~me ~e sol~ and separate property of Wife and ~;he shall bc solcly tbr all debts :md ~o el'CecLuutc lhi6 paragraph upon request, In cunsidcra*im~ of Husband's interest in mis 'rlmeshate, Wit~ shall pay to ~usband the sum or $~9 wiU~in thirty (~) days of the dale of cx~ution o~ this Ag~moat. 14. AUTOMOBILES. Th= parties arc die own=rs or a I~8 Ford Cont~ur shull become the ~le and separate pro~rzy of llusband. ~*rc is no debl owed o~ this vehicle. ~th parties agree lo ~xccutc all dcmumenrs ng~qa~ Io implement this parugraph upon ~qu~t. 15. BANK A~OIINTS. The putties agree that all jo~n: ballk accounts have ~ady been closed and divided m the ~tlsractloa of the patti,us and they have no remaining joint 7 04/22/2004 09:10 F,~ 724 463 8006 HOLIDAY I~' INDIANA ~009/022 prt~peny of thc p=Cy bl whose name tho acco0nt is currently titlad and both parries waiv~ a~y ~ghts ~cy may have to the banR accouat(s) of ~e other. '16. DEBTTO,~LI[ ZI~AN~. Wife agrees fl~at sI~e shall be ~lely re.risible t~t tho dcb~ owe~ it> h~r Father, YiJi Zh~mg, in the amount or' app~'oximately $7,000, and indcmni~ and hold Husband harmless thcrct~om. [7. C[TRRENTi-IABILITIES,, Except as, set [orth elsewhere in this Ag~cmcnt, the parties agree teat t~cy have ~o joint liabilities. ~l rct~=inJn~ debts accumulated ~aring thc marriage are in the sole an~ ~=paratc name of t~e i~,aividual pardcs and shall become Lh= ~lc ~d separate rcs~nsibility of the named pat~. iS. WARRANTY AS TQ ~I~TING OBLICAT'IOHS. Each pa~y rcprcscms they have not heretofore [ncuered or comrac~cd {or a~y debt or liability or obligations ~or which thc estate of th~ other party may be r~ponsible or liable, cxc~=p~ ~ may be prodded for ia this Agreement. Each par~y agr~s ~o in~mnify ~d hold thc other party h~nless for aad agaiast any and a[~ such debts, liabilities or obiigatlons o{ every kind wh[ch may I~ave heretofor~ bcc~ iacan~ by Lhcm, iacludii~g those fur n~cssifi~, ex.pt for Ibc obliga~ion~ arising out ot~ this Agreement, 19. WAI~RAN~Y AS TO E~E OBU(;A'I~I~, Wif~ and Husbaz~d each covenant, warm. nh repmseat and ague ~at, with the exception of obligations set forth in this Agreement, neither of them shall hcrc~cr incur any liability wt~at~ever for which ~e estate of the other may ~ liable. Ea~ pa~y shall indemni~y tuld hold harml~Ss thc other pa~y for and against m~y a~zd all debts, charg~ and liabilities ~c~red by the o~er at~cr the executio~ da~c this Agr~u~ncnt, except u.,s may bc otht~rwis¢ spcciflcully provide4 for by thc terms o1' this Agreement. 20. LIFE INSU ~NCE. pt~?s u~e l~e ownem of a whole life insurance ~ticy ~*roug~ f~h~n~t~ of thetr minor child. ~usban~ ~grees that he ~hall continue to make lh~ znnua[ premium payments on ~id ~ollcy or shall sign th~ policy ovor to Wi~ and she shall mare th= r~quir~d payments and a~sume ownership o~ the poli~y. Any other life insuranc~ polici=s owned by the parties shall b~cume, the so[~ and ~parat~ property of the party in whose name thc ~licy is ia. Both parties spccifi,~lly waive any rights which they may have to ~id policies by vitae et' having b~n a named benefic~y 21. REAL ESTATE. The parties ar~ th~ owners of a r~sidenc~ [o~a[ed at 1433 Northampton ~c, New Cum~rland. Cumberland COtltlIy, Pcmnsylwmia. Husband agrees that he sl~all transfer his interest in this r~id~nce to Wit~ and it shall be~m~ bur sole and separate properS. Wit~ agrees ~at ~c shall bc solely responsible tot ~le deb~ o~d on said residence Waypoim ~nk, account number ~00~0092853 and PSECU, account numar 0206480152, and shall indemnify ~md hold Husband h~ml~ss th~relYom. Wire shall also b~ A)l~ly responsible all exp~n~s elated to Lhc residence including but not limited [o r~cs, utilities and insurance. Wife further agrees that she sha[l rofinaa~ the ex~sfing mortgages within ninety (90) ~ys o~ the du~ of execution o~ this Agreement, removing Husband's name f~al rcsponsibillty otl existing motlga~s and closing said a~un~, l'lu~and agrees to xlgn all documenL~ necessary Io implement this paragraph ul~n request including execution of thc dccd upon proof el ~fin~cing. 9 04/22/2004 09:11 F..L~ 724 463 $006 I1OLIDAY INN INDI..~N.4 L~011/022 22. CUSTODY. Husband and Wil'¢ ~huli .~har¢ lcsal custody of thclr miner child Miranda. Wif~ shall have primary physical custody, Hm~hand shall haw liberal a~d open partia~ physical cust~y at such timm~ as agreed u~n by thc panics. 23. HEALTHCARE COVERAGE. Both parties acknowledge that, effective thc date of entry of a Decree ~n D{voree, it shall be their individual responsibility to provide their own medi~ql insurance coverage. To thc extent medical i~,sura:lcc ~vcragc is al'leered by marital status, it shall be th~ indlv[dual responsibility et' Husband and Wif~ to h~med[atcly eot[fy his or her employer of the change i~l marital ~tatus. W~e ;agree~ ~hat she sllall co[ltlnuc to provide hc~th insurance covcrag~ for thc minor child Miranda ~ long as it remains available a( a r~onab[~ coat through h~r employer. 24. ~HII,D SlIP'RT. Husband shall pay child support as set forth by the Punnsyivania Supramv Court Guidelines or as othc~[~ ag<cd upon by thc parties. 2~. PAST DUE TAXES. ~e ~ies have laereto~b~ filed joint F~deral and state g~ returns. Both pa~i~ agree that (n ~[~ event any deficiency in Federal, state ur local income tax is proposed, or uny assessment of any such tax is made agaiz~t cifllct o1' thctll, each will h~mn[fy and hol~ harml~s the other [Yom and against ~tcty ]o~s or liability for any such tax dc/icicncy or asscSSl~etlt alld ally interest, penalty and expense {n~nzd in connection th~rewlth. Such t~, interest, ~nalty or expense s~l b~ ~id solely and enti~ly by the in~ividaal who is finally determined to b~ the cause of the mlsrcprcscntationa or failures to disclose t~o natu~ and extent of his or her separulc ineom~ o~ tho aforesaid joint feturfls. 04/22/2004 09111 F.~[ 724 463 8006 ItOLIDAY INN INDI.('NA ~,t~012/022 26. BANKRUIrI'CY. It is hereby mlcte~tood ;~.nd agreed by and between thc parties th;,t tlaeir obligations pursuant to this agreement shall t:tot be affected by any bankruptcy proce':ding and shall not bc deemed to constitute or l'~e a dischargeable debt of a bankruptcy. Both partie.s warrant that he/she has not heretofore iilst~.tuted any proceedings pursuant to tine. bankruptcy laws apr ara there any such prOcae.dings pending with respect to him/her that have been initiated by others. 27. WAIVER OF PAYMENT OF LEGAl, FEE,q, Wilde shall bi: responsible for paymcnt of her legal t~,~a. Husband shall be responsibI~ for payment or his legal fees. 28. /~I.IMQNY~ AI,IMONY PENDENTE LITE AND SPOUSAL SUpP. ORT: Including the bencfks provided t'or in this Agreement, Husband and Wil'c ettc}l have sufficient property and/or income to provide for his or her reasonable ~ceds. Therefore, notwithstanding any provision in the Divorc:~ Code to the eoattary, a~d except as other,,vis~ specifically s~t forth in this Agree, meat, Wife and Husband expressly waive, discharge and rele.-',s~ any and all rights or claims which he or she may have, now or her~a£tcr, by rc.,asoa of thc parties' marriage, to alimony, alimony pcndcatc lite, support, ma{ntanancc and/or any other such be.nefits resulting from the ptlrties' status as husband trod wife. It shait be, t'rom the execution of this Agr¢¢m¢:~t, thc sole responsibility of eaczh et' tho respective patties to sa.stain thcm,,,elvcs without seeking any additional .~uppor~ from thc other party, except as provided i~¢r¢in. Erl'e.ctlv~ the. ditto of exeautlon or this Agrgoment, Wit'o ag~ze.,; to withdraw her complaint fur mortgage ¢ontributlon docketed at Cumberland County Domestic R61ations Numtmr 913 $ 2002. 11 29. .APPI,ICABr~.,IT_Y OIF TAX.I.~. W 'fO PROPERTY TRANSFERS. Thy partic.s hereby agree ~md express their intent that any transfer of property pursuant to this Agreement shall bc within thc scope and applicability of th~ Deficit Reduction Act of 19~ hcmina/~cr thc "Act"), sp~ificaliy, the provisions of said Act p=rtainlng to thc transfc~ oF property between gpouse~ and former spouses. Thc parties a~co to sign and cause to be fil~d any elections or other documcats ~tluircd by ~ Internal Revenue Servi~ to render tile Act applicable to the transfers act forth in ~his Agrccalcnt without r~cognJtion o'f gain on such transfers and subject ~ thc ca~y~vcr basis provisions o1' the saiid Act. In the event tidal thcrc i~ a xanat~r tax assessed then sam tax shall be the responsibility of thc party receiving tile prop~Hy. 30. ~UTUAL CONRENT DIVORCR. The parties agree and ackl~owlcd~ that their ma~iage is irretrievably broken, that they do not de~m additional marital coul~eling, Ired that they both con,at to th~ cn~y of a d~crcc in divo~c pu~uant 1o gott{on 3301(c) oF th~ Pennsylvania Divo~c Code, Act 26 of 1980, as may bc amended (herein r=i~d lo as the Code). Aecerdingly, both parties agree lo ~xecule such oons~nls~ affidavits, {:r other dncuments and to di~ct ti;tit rcspcctive attorneys to file such consents, atlida:vita, or other documents ms may ~ nccc~sa~ to pronlptly pi~cccd to obtain a divor~ pul~uant to said Section 3301(c) of Thc Code. Upon rcqucst, to thc Cxl~nl ~ittcd by th~ law and thc applicable Rules aC Civil Prncedure, the named def=n~nt Jn such divo~ action shall execute any waivers of notice or other waivers ncec~ary ro cxpeditc such divorce. 3l. --WAIVER OR MODIFICAI'ION TO lie IN WRI'I'IN~. No nlodil'ie,'ttion or waiver of ally of the terms hcrcofahal! be valid unless in wr~thlg and signed by both parties, and ~CGT-gG4-CT~ ~]014/022 no waiver of any breach heruof or cletau}i h~ruundcr ~hu]l be deemed a walvrr ot ~ny .'iub.',¢quunl defaulc ot thc same or similar nature. 32. L~UTI./AL. COOPRRATION ~ach part), shall, ut any rime and from tlm¢ to time hcreattcr, take any and all steps arid execute, acknowl~;dg¢ slid ci~llvrt to ~hc other pal'~ ally and all further instruments anti/or dOcumenls that rh~ other party may reasonably require £or thc purpose o1' giving tull t~r¢,', and cfr'cc! ~o !itc provisions of this 33. LAWS, OF PENNSYLVANIA APPLICa. BI,I~ This Agreement shall Construed in accordance wit~ the laws of the Commonwealth o£ Pennsylvanlu which are ~n etTec! as of U~e date of execution o.r thin AgreemenL 34. AGREEMENT BINDING HEIRS. This Agreement sh~ll be binding and inure to ~h¢ benefil oF' the parties h,'reto and th~ir rcspecffvc heir:% executors, administrators, ,suc¢~..i,,.;ors and assigns. .35. OTHER DOCUMEN.TATIQ~[~ Wife and l'i!usha~d ~:venam rind agree Iha! they will £orlhwith (and within a! least tea (10) days after demand therefor) ¢×~oate any and all writ!ca illstru~nents, assignments, r~ieas~s, Satisfactions, deeds, notes or s~c~ o~her writings as may be necessary or dosirubl¢ for thc prol:mr off"¢£uation or' this Agreement. 36. .NO WAIYER OF I)EFAI~I[.T' Thls Agreement shall remain ia full tbr¢¢ and client uni~.~s and unlll tctminatc~ Undur slid purSuant to the terms o£ this AgrccmcaL Thc f{tilur¢ or ct!tier party to insist upon s~'ic! performance or' ~y of tho provisions cf this Agreement shall in no way aff~¢! thc tight o£' such pat~y hereafter :o cnforcn thc same, nor sllall £hc w~livrr or' any default or broach of any provision hereof be construed as ~ waiver of any subsoqucnc dcfauk or 13 breach of the s~unc or similar nature, nor shall it be con.sl, rut~'J a.,~ a waiver ut' strict pcr~o~al~cc of any olher ~blig~tiuns h~tein. 37. ENTIRE AGREEMENT. ~is Agmemont contains tile entire understanding those expressly set forth h~rein. 'l'h¢ parties ~urLher uc~owic,dgc ~h~tt any previous ugrccmcats between thru33 ur~ Jnco~orut~d heeain, 38. 8NFOR~EMENT OF AGREEMENT. If clthcr patty b~aches any e~ this Agrc~mem, ~h~ olh~r puny ~ha[[ huvc Ibc tl~t, at h~ ot hot selection, to sue for for such breach or m requir~ specific per[ormuncc. Thc patty breaching this Ag~eme~t sh~[t rcspoasib[e tbr payment of legal f~es and costs incu~d by ~:hc other parly in en~brcing tights under Ii, is Agreement ~)r [or ~eking such othc~ rcmcd~cs of relic:' as may be available to hJnl or her. 39. SEVE~81LIq~ If any term, c~ndidon, chusc or p~ovision of this Agreement shall be datelined or dccla~d to ~ void or invalid in law othc~[se, th~n only thu~ term, condition, ¢lausc or provision sl~all be s~ticken [mm (his Agreement and, in ~[I other ~spccts~ [h~s A~ccment shall be valid and continue in full Jbtc¢, ¢f:~ct and <~permlon. LikcwL~e, thc fidlum o[ any puny to react her or ~s obligations undct any one ot more of the pumgraphs hcmla, w~th the exception o~ the ~tisfacfioa of ~ ~ndi~ions pr~cdc:nt, shal~, in no way, vo~d or a[lcr the remaln~g obllgatlo~s of the partie~. ~. HEADINGS ~OT PART OF A(JRE~M~NT. Any headings p~ding thc text of the several paint,phs and subpatugrap~ hereof are im~uncd solely fo~' convenience 3.4 04/22/2004 09:13 F.~[ 724 463 8006 ltOL[DAY INN INDI.~NA ~016/022 rcfcrcac~ and shall not constitute a parL of this Agi'ccmcat, il;of shall riley aff~ct its nlcaail~, IN WITNESS WHEREOF, lh¢ ]~r~[¢s hereto have ~t their hands and s~ul thc clay and y~.~r first above wrktCn. BR/%DLE3 ,. COVER ~017/022 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF DAUPHL, N :s.~. Commonwealth or Pennsylvania pct,~ona y~appeamd ZHANGJI COVER known to rnc to be the person whos~ name is subscri~d to Ibc withi~ Ag~m=m aha acknowledged that she cxccutcd the ~me for the purposes therein coataiacd. IN WITNESS WI'IJ"2REOI~, I have hereunto sci my il, and and official seal. Notary Public 16 Al 'el COMMONWEALTH OF PENhx/SYLVANIA COUNTY OF WASHINGTON On this, the ]~ day of ,,/)"! 4 cl ,~,, ..... _ ~, -/ , ~uu~., oe~ore me, a l'qotary Public for the Commonwealth of Pennsylvania, pe~onally appeared BRADLEY L. COVER known to me to be the person whose name is subscribed to the within Marital Settlement Agreement and acknowledged that he executed the same ibr the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public IN TH~ COUR'? OF CO.MNION PLEAS OF CU MB_RI .AN O CO UNTY, P~NNSYLV.~uN1A NO. 02-2746 CIVIL LN' DIVORCF. QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS this Court has jurisdiction ovcr Petitioner and Respondent and the subject mutter of this Order; and WHERE~S Pctitioriu:, Respondent and the Co,.irt hitcnd treat ti)is Order shall b,.; a Qualified Domestic Relatioas Order (l~.crclmfftcr re£exrcd ~.o as a "QDRO") as defined in .';ection 206(d)(3) of the Employee Retirement lucerne Security Ac:: o1' i974 ("ERISA"); and WHEREAS Petitioner and Respondent have stipulated tlaat tiz¢ Court enter this Order. 1. A.s used in this OTder, the following terms sl~all .appiy: (a) "Participant" shall mean Bradley L. Cover, whose curren~ v. ddress is 19~-8 West Chester Street, W:mhingtort, Pennsylvania 1530I, and. who was born on Aprll $, 1961., and w[losc Social Security Number is 206-48-0152. (b) "Altcmatc Payer" shall mean Zhangji Cover, who.~a currant address is ~433 Northampton Lane, New Cumberland, Penasylv:,mia 1705'0 a~d who was born on November 9, 1967 and who,nc Social Security Number is 163-72-3562 (e) "Plata" shall mcan Svedala industries, l~c. Sahxricd Savings ?ion, as the same may b~ amended from time to time in any succes.~r plan. (d) '"Plan Adminlstratof' shall mean 'Putnam I'nve:Itments, DCPA-Svedala, D'~nution 33, Post et'trice BOX 97~1, Providence, Rhode/slued 02940.9740. F, X1..ffB IT A (e) Tile Valuadcm date shali mcan March 2. Parlictpant ;md/'alternate Payee wc~ marrie~J[ on ,September 13, 1989, and were divorcee! on. , 3. The Alternate Payee's intetes: in the Plan slla.[l be $20,083.00. 4. The AIternam Paye~'s imero.~t in the Plan snail bc payable to thc Altcrnale Payee h~ a lump sum. Thc Ahernate Pay~ shMl ~nit~e :l~c dis:ributjon in a~ordancc with tl~e ~cnns o~ ~he ~e umount dis~ributed to tile ~tcrnat= Payee will be ~e wfiue of tile ~tcmat~ Paycc's a~unt oil Ibc date the distribution j~ proces~d. $. The Alternate Payee has cbc right Io nan3e a beneficiary. In file event that rl3c Alternate Payee dies alter the Order tl;ts been qualified, either p~ior to or subsequent to the ~egre~tio~ of as~ts for the Alternate Payee, the Alternate Paye~ s Award will bc distributed to tl~c ~lcrnate Payee's bcncficiary, let' no [~nc/~ciary has been appointed, lhe A/tm'narc Payee's Award will bc distributed to thc ~tcrnule Payee's esta~. 6. Thc A/tcrnate Payee is entitled to Carning.s (dividends, intcrest, gains and losscs) from thc valuta;on dat~ to thc dale that the Award is segregated From the Particlpaat's aCCOunt(s). baianc~ will not be included t~r purposes tff~llcuiuting d~c account balance to be d~vidc6. The Atternale Payee's Award will be paid [win t~e non-loa~ asso~s in the Participant',, account(s) on the ~t= that the Award is segregated from ~he P~ric~pant's ,ccount(s). 19 ~. ~le Pdr,,c~ shall cau.~c ~n oci,cinai cot~rr ,,o.';;, c,..n.c~ or Imm C~v oF this Order tt~ h~ se~ed on the Plan Admini,rratcr'~ agent. Putnam lavestm,nm, DC?A-Svcd:da. Tnls Order shall remain ~n effe~ un~Jl lumber $rde7 of thi~ Court. is determined to be · QDRO. Attorney for Zhang,}i Cover 27 South Arlene S/fcc: Post Office Box ('.,443 Harrisburg, PA ] 71 [ 24)443 (717) 671-9600 I.D. # 5521J0 9. Nothing coataiae~l in thc Order shall be construed Administrator. (a) to ptovid, to U~e ~rernarc P:tyce any ~pc or available to ~he Participant under the Plan; (~) :o provide the ~ternr~te Payee iaci'm~sed benefits (dctctznincd on thc basis of actuarial value) no~ available :o the Pa~icieant; (c) to puy ~y benefiLs IO the Altemate Payee that am required to be paid to a~lotllcr Alternate Payee under atlother Order which has bcca dc~crmlncd Id bca ODRO before [hi~ Order B~L.Ey~ COVER - Amlm~y £~,r Flradl~y L. Cover 5{~2l ~.st 'l~'/nd[e Road Suite Mcch~mk:sburg. PA 1705/3 (717) 796-1930 I.D. # 64[~8 Judge of rl~ Court 2O E~Y,J-iIBIT B PROPERTY TO TRANSFER TO tiUSB,AJ~D Big screen TV FaLher's Desk Lazy .B, oy chair Par~t s ~urniturc (bed, chest o~dmwcr~, armoire Saow blower Gas ~ill Green s~ctlona[ Exercise equipment (l~admill and free w~ights) El~trlc l~ing pan (mother's) Georg~ ~oraman grill Tools (some) ~eng of ~ho~o's of Miranda and Husband Stereo (prcnl~ital) Quasar VCR 19 inch RCA TV Pctsoaa] items Glassware from Mother ~d Gran~other ~wn spreader Weed trimmer (strJ,~g) Sewing machine (Gr~amotl~er's) Coffee table ~d tabl~ (2) Garaen tools (some) Whe~lba~ow M'gi) I~wnmowct Foocl steamer Kirby vacuum c~eaner Refrigerator Failer's W~[ memorabilia S~ars leaf blower 21 ZHANGJI COVER, Plaintiff VS. BRADLEY L. COVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-2746 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for To the Prothonotary: divorce: irretrievable breakdown under 3301(c) of the Diverce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery, pursuant to an Affidavit of Service dated June 11, 2002 and filed June 21, 2002. 3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the Plaintiffon May 27, 2004; by the Defendant on May 10, 2004. 4. Related claims pending: Marital Settlement Agreement dated May 18, 2004 resolved all claims. 5. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: same as this Praecipe. Date Defendant's Waiver of Notice in Section 3301.~.(jr0~.!yorce was filed with the Prothonotary: same as this Praeeipe. DATE' May 27, 2004 · t'-~~e S. Baker, Esquire Supreme Court ID #53200 27 Sonth Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) ,571-9600 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ZHANGJI COVER, Plaintiff VERSUS BRADLEY L. COVER, Defendant NO. DECREE IN DIVORCE 02-2746 CIVIL TERM AND NOW, -,~ ~ '" ~' ~ , 2004 _, IT IS ORDERED AND DECREED THAT ?,,~ANC.,"fT COV~.R , PLAI NTI FF, AND BRADLEY L. COVER , 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; incorporated but not merged into this Decree. ~+ + +++++ +++++++++++++ + ++++ + + +++ + + + AUG 0 6 2004 ZHANGJI COVER. plaintiff, BRADLEY L. COVER. Defendant IN THE COURI' OF COMMON PLEAS OF CUMBERLAND cOUNTY, PEN2,ISYLVANIA NO. 02-2746 CIVIL IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order; ai~d WHEREAS Petitioner, Respondent and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in section 206(d)(3) of the Employee Retirement Income Security Act of 1974 ( ERISA ); and WHEREAS Petitioner and Respondent have stipulated that the Court enter this Order. 1. As used in this Order, the following terms shall apply: whose current address is 1948 (a) Partxc~pant shall mean Bradley L. Cover, West Chester Street, Washington, Pennsylvania 15301, and who was bom on April 8, 1961, and whose Social Security Number is 206-48-015'2. (b) "Alternate Payee" shall mean Zhangji Cover. whose current address is 1433 Northampton Lane, New Cumberland, Pennsylvania 17070 and who was born on November 9, 1967 and whose Social Security. Number !ts 163-72-3562 (c) "Plan" shall mean Svedala Industries, Inc. Salaried Savings Plan, as the same may be amended from time to time in any successor plan. (d) "Plan Administrator" shall mean Putnam investments. DCPA-Svedala. Location 33, Post Office Box 9740, Providence, Rhode Island 02940-9740. (e) The valuation date shall mean March 19, 2004. 2. Participant and Alternate Payee were married on September 13, 1989, and were legally divorced on June 17, 2004. 3. The Alternate Payee's interest in the Plan shall be $_0,08~.00. 4. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the administrative procedures that have been established by the Plan Administrator. The amount distributed to the Alternate Payee will be the value of the Alternate Payee's account on the date the distribution is processed· 5. The Alternate Payee has the right to name a loeneficiary. In the event that the Alternate Payee dies after the Order has been qualified, either prior to or subsequent to the segregation of assets for the Alternate Payee, the Alternate Payee's Award will be distributed to the Alternate Payee's beneficiary. If no beneficiary has been appointed, the ~ e Alternate Payee's Award will be distributed to the Alternate Payee s estat · 6. The Alternate Payee is entitled to earnings (dividends. interest, gains and losses) from the valuation date to the date that the Award is segregated from the Partm~pant account(s). 7. In the event that there is an outstanding loan balance as of the valuation date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee'S Award will be paid from the non-loan assets in the · ' 's the date that the Award is segregated from the participant's Pamc~pant account(s) on account(s). 8. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent. Putnam Investments. DCPA-Svedala. This Order shall remain in effect until further order of this Court. 9. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator. (a) to provide to the Alternate Payee any type or forrn of benefit or option not otherwise available to the participant under the Plan; (b) to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or (c) to pay any benefits to the Alternate Payee thai are required to be paid to another Alternate Payee under another Order which has bee. n determined to be a QDRO before this Order is determined to be a QDRO. ~H~qGJI CO~ER v Attorney for Zhangji Cover 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 I.D. # 53200 COVER ~llo~Esquire ~dle~ L. Cover .1..e/Road Suite 100 Mechardcsburg, PA 17050 (717) 7!)6-1930 I.D. # 64998 Dated: a ~(~. t~, ~)o ~t Jj{C/gi: of the Co~-- , Il :~'.t.o~.le~ O[ cr,'~t' ,'T