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HomeMy WebLinkAbout02-2822ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. (32 - oZPPJ.-A,_ CIVIL TERM : 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 Plainiff. You may lose money or property or other rights important to you, including custody or visitation of 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, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de Is fecha de Is demanda y Is notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en Is corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, Is corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en Is peticion do demands. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ROSEMARIE JOHNSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. : NO. 02 ^ e?pop? CIVIL TERM ALBERT J. JOHNSON, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff Rosemarie Johnson, by her attorney, Cara A. Boyanowski, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Rosemarie Johnson, is an adult individual who resides at 222 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Albert J. Johnson, is an adult individual who resides at 222 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The 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 Plaintiff and Defendant were married on November 18, 1978, in Philadelphia, Philadelphia County, Pennsylvania. 5. The Plaintiff and Defendant are both citizens of the United States of America.. 6. There have been no prior actions in divorce between the parties. 7. Plaintiff avers that two children have been born of the marriage, namely, Kelly Marie Johnson, born September 15, 1980, and Matthew Johnson, born April 1, 1984. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes ofaction and sections ofDivorce Code under which Plaintiffis proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on Maw ? 6 i z©O;t, WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. 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.A. §4904 relating to unswom falsification to authorities. Date: Lo-5-OZ By: L Ro ie Johnso4P* ?.t By Cara A. Boyanowski Esquire Attorney No. 68736 1029.Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff If`- .J rnrn o 7?C r „m O N corn c.n Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 02-2822 CIVIL TERM : IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO: Prothonotary of Cumberland County Court of Common Pleas Please be advised that I represent, Rosemarie Johnson, the Plaintiff in the above captioned divorce action. I am presently attempting to finalize the divorce action, and therefore, intend to proceed with the above captioned matter. Please do not purge it from the docket. Respectfully submitted, Date: 6" w-". Cara A. Boyanowski, Esquire Attorney No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff Rosmarie Johnson CZ) Y a Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 717-540-9170 - telephone 717-540-5481 - facsimile cboyanowski(i ssbc-law.com Attorney for Plaintiff, Rosemarie Johnson ROSEMARIE JOHNSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW V. ALBERT J. JOHNSON, Defendant : NO. 02-2822 CIVIL TERM : IN DIVORCE PETITION FOR SPECIAL RELIEF TO PREVENT DISSIPATION OF MARITAL PROPERTY AND NOW, comes the Plaintiff/Petitioner, Rosemarie Johnson, by and through her counsel, Cara A. Boyanowski, Esquire, and files this Petition for Special Relief to Prevent Dissipation of Marital Property, based upon the following: Plaintiff/Petitioner is Rosemarie Johnson, an adult individual residing at 5006J North Convent Lane, Philadelphia, Philadelphia County, Pennsylvania 19114. 2. Defendant/Respondent is Albert J. Johnson, an adult individual residing at 527 Barry Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. Mr. Johnson is represented by Michael A. Scherer, Esquire. Plaintiff/Petitioner and Defendant/Respondent were married on November 18, 1978, and separated on May 16, 2002. 4. Plaintiff/Petitioner filed a Complaint in Divorce against Defendant/Respondent on June 10, 2002. 5. Defendant/Respondent has been employed with the United States government, through the Navy Depot, for approximately twenty-eight years and as such is a participant in both the Civil Service Retirement System (CSRS) and the Federal Government Thrift Savings Plan (TSP). 6. Defendant/Respondent's Civil Service Retirement System account is the most significant marital asset that the parties own and is subject to equitable distribution through the pending divorce action. 7. Plaintiff/Petitioner believes that Defendant/Respondent is planning to retire on or about Monday, October 1, 2007, and as such will be expected to elect retirement options that will affect the value of the Civil Service Retirement System account and may eliminate her spousal survivor benefits through it. 8. Since the parties' date of separation, they have been attempting to negotiate a settlement of their outstanding economic claims. 9. On or about July 25, 2007, at the request of Defendant/Respondent's counsel, Plaintiff/Petitioner's counsel forwarded a proposed Marital Settlement Agreement for counsel and Defendant/Respondent to review. 10. To date, no response has been forthcoming from opposing counsel or Defendant/Respondent as to the settlement provisions set forth in the proposed Marital Settlement Agreement. As such, the parties have not reached an agreement with regard to equitable distribution. 11. 23 Pa.C.S. Section 3505(a), provides this Honorable Court with the authority to issue an Order of Court prohibiting a party from disposing of marital property during the pendency of a divorce action. 12. Plaintiff/Petitioner requests this Honorable Court enter an Order of Court prohibiting Defendant/Respondent from withdrawing any funds from his Civil Service Retirement System account, as well as, his Federal Government Thrift Savings Plan, or making any elections concerning spousal survivor benefits through the Civil Service Retirement System account without first receiving written consent from Plaintiff/Petitioner to withdraw the funds or make the election, or without receiving further order from this Honorable Court. 13. Plaintiff/Petitioner further requests this Honorable Court issue an Order of Court requiring Defendant/Respondent to maintain Plaintiff/Petitioner as the sole beneficiary on all of his retirement accounts pending further order from this Honorable Court. WHEREFORE, Plaintiff/Petitioner respectfully requests this Honorable Court enter an Order of Court, as follows: 1. Prohibiting Defendant/Respondent from withdrawing any funds from his Civil Service Retirement System account or his Federal Government Thrift Savings Plan pending further order of this Honorable Court; 2. Prohibiting Defendant/Respondent from making any election that affects Plaintiff/Petitioner's spousal benefits pending further order of this Honorable Court; and, 3. Requiring Defendant/Respondent to designate and maintain Plaintiff/Petitioner as the sole beneficiary under his Civil Service Retirement System account and his Federal Government Thrift Savings Plan account. Respectfully submitted, (' 11) o M'rm". Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff/Petitioner VERIFICATION I, Cara A. Boyanowski, Esquire, attorney for the Plaintiff, have personal knowledge of the facts contained in the foregoing and therefore do verify that the information contained therein is true and correct to the best of my knowledge, information and belief. Cara A. Boyanowski, Esquire CERTIFICATE OF SERVICE I, Cara A. Boyanowski, Esquire, hereby certify that I have served a copy of the foregoing document on the following personal by depositing a true and correct copy of the same in the Untied States Mail, by way of United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Michael A. Scherer, Esquire O'Brien Baric & Scherer 19 W. South Street Carlisle, PA 17103 Date: q- k"4-Q0:- Cara A. Boyanowski, squire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17108 (717) 540-9170 C o `a - m* rn -0 n rnFn e 57. rn tst ROSEMAIRE JOHNSON PLAINTIFF V. ALBERT J. JOHNSON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA IN DIVORCE NO. 02-2822 CIVIL IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 20th day of September, 2007, upon consideration of the Plaintiffs Petition for Special Relief to Prevent Dissipation of Marital Property, ,jim, a IT IS HEREBY ORDERED AND DIRECTED that conference call with this Court shall be initiated by the counsel for Plaintiff with counsel for Defendant on Thursday, September 27, 2007, at 1:30 p.m. Cara A. Boyanowski, Esquire Counsel for Plaintiff 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Michael Scherer, Esquire Counsel for Defendant 19 West South Street Carlisle, PA 17013 By the Court, l.; Q/ae/a7 bas MVAIASNN3d )UNf 0,-, r. ?? Ydf h a :4 add oz d3S 1001 1 10#OHiRI &.,.H1 O ROSEMARIE JOHNSON, : Plaintiff V. ; ALBERT J. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2822 CIVIL TERM ORDER OF COURT AND NOW, this 27" day of September, 2007, upon consideration of the Petition for Special Relief To Prevent Dissipation of Marital Property filed on behalf of Plaintiff, and following a telephone conference in which Plaintiff was represented by Cara A. Boyanowski, Esq., and Defendant was represented by Michael A. Shearer, Esq., it is ordered and directed as follows: 1. A hearing is scheduled on the petition for Thursday, December 6, 2007, at 9:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. 2. Pending the hearing and further order of court.. Defendant is enjoined from withdrawing any funds from his Civil Service Retirement System account or his Federal Government Thrift Savings Plan and from making any election that affects Plaintiff's spousal benefits. BY THE COURT, Xara A. Boyanowski, Esq. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Attorney for Plaintiff Michael Scherer, Esq. ` -V 19 West South Street Carlisle, PA 17013 Attorney for Defendant f?ij A ; I -' ? E ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-2822 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Defendant, Albert J. Johnson, in the above-captioned matter. Respectfully submitted, j O'BRIEN, BARIC & SCHERER 171?116?A Mic a I . Scherer, Esquire I.D.# 61974 Date: 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for the Defendant CERTIFICATE OF SERVICE I hereby certify that on September a7 , 2007, I, Jennifer S. Lindsay, secretary at O'Brien, Baric & Scherer, did serve the Praecipe for Entry of Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Cara A. Boyanowski, Esquire Serratelli, Schiffman, Brown & Calhoon 2080 Linglestown Road, Suite 201 Harrisburg, Pennsylvania 17110 A - Ih( ? M*km, 0 - n if r dsay 0 l -..7 t 7-7 _ { 1t ?r ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. 02-2822 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 10, 2002. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: By: Rosemarie Johns ,Plaintiff social Security No. 4154- 4,(7&-, ECo NOT ARIALSEAL DONNA M. TOMLINSON Notary Public PHILADELPHIA CITY PHILADELPHIA COUNTY mn*don Expires May 1), 2006 CIO ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 02-2822 : IN DIVORCE CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: 11- 3 - x..00 By. Rosemarie Jo n, Plaintiff N A IAL SE '\L FDDONNA M. TOMLINSON Notary Public PHILADELPHIA CITY HILADELPHIA COUNTY xnls M Expirqs M 11 2r?•08 `S ;tiY?fjrr ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-2822 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on June 10, 2002. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: 11- 3 ZQQ- - By: Albert J. Jobj9A Defendant Social SecurityNo. ( a ,q - (k/ NOTARIAL SEAL DONNA M. TOMLINSON Notory Pubkc PHILADELPHIA CITY PHILADELPHIA COUNTY M Gorrwrfton es 11, 2008 -... v ?.r, F , -';? ? . ? : ?: r ., y .' l u, if . '•.l F?f ? ?t.C.'}?? t ',%''31i ?f fay"; ..? 4 "'Vi ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 02-2822 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(C) OF THE DIVORCE CODE l . 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 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 made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unworn falsification to authorities. Date: By: Albert J. Johnso fendant N TA"IAL SEAL DONNA M. TOMLINSON Notary Public PHILADELPHIA CITY PHILADELPHIA COUNTY My Commission Expires MW 11.2008 40 .. ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 02-2822 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I, Albert J. Johnson, Defendant in the above captioned divorce action, do hereby accept service of a true and correct copy of the Complaint in Divorce, filed on June 10, 2002, on June 1:? 2002. Respectfully submitted, Albert J. Johnson 222 East Main Street Mechanicsburg, PA 17055 ..? ?? ?3 ,? s? .... ? t AGREEMENT BETWEEN ROSEMARIE JOHNSON AND ALBERT J. JOHNSON Cara A. Boyanowski, Esquire Michael A. Scherer, Esquire Counsel for Wife Counsel for Husband TABLE OF CONTENTS SECTION I: Introduction SECTION U: General Provisions SECTION III: Support and Alimony Pendente Lite And Health Insurance Provisions SECTION IV: Property Distribution Provisions SECTION V: Closing Provisions and Execution 4 10 11 14 SECTION I INTRODUCTION THIS AGREEMENT made this 3 rd day of NOUTA nl?..? , 2007, by and between ROSEMARIE JOHNSON ("Wife") and ALBERT J. JOHNSON ("Husband"). WITNESSETH: WHEREAS, Rosemarie Johnson, Social Security Number 208-44-4792, was born on November 26,1954, and currently resides at 5006J North Convent Lane, Philadelphia, Philadelphia County, Pennsylvania 19114. WHEREAS, Albert J. Johnson, Social Security Number 162-44-7211, was born on September 3, 1952, and currently resides at 527 Barry Court, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREAS, the parties hereto are Husband and Wife, having been married on November 18, 1978, in Philadelphia, Philadelphia County, Pennsylvania. The parties separated on May 16, 2002. WHEREAS, the parties are the parents of two children, namely, Kelly Marie Johnson, born September 15, 1980, and Matthew Johnson, born April 1, 1984. Neither child is a minor. WHEREAS, diverse unhappy differences, disputes and difficulties have arisen between the parties, and it is the intention of Wife and Husband to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the equitable distribution of such property; the settling of all matters between them relating to the past, present and future support and/or maintenance of Wife by Husband or of Husband by Wife; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the mutual promises, set forth herein and for other good and valuable considerations, Wife and Husband, each intending to be legally bound hereby agree as follows: SECTION II GENERAL PROVISIONS 1. MUTUAL CONSENT DIVORCE The parties intend to secure a mutual consent, no fault divorce pursuant to the provisions of Section 3301(c) of the Divorce Code of 1980, as amended and will execute the documents necessary to effectuate a divorce under those provisions. 2. EFFECT OF DIVORCE DECREE The parties agree that unless otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final decree in divorce may be entered with respect to the parties. 3. AGREEMENT TO BE INCORPORATED BUT NOT MERGED IN DIVORCE DECREE The provisions of this Agreement may be incorporated by reference but shall not be deemed merged into any judgment or decree for divorce obtained by either party. This agreement shall survive any such final decree of divorce, shall be entirely independent thereof, and the parties intend that all obligations contained herein shall retain their contractual nature in any enforcement proceedings, whether enforcement is sought in an action on the contract itself or in any enforcement action filed to the divorce complaint. 4. DATE OF EXECUTION The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5. ADVICE OF COUNSEL The provisions of this Agreement and their legal effect have been fully explained to Wife by her attorney, Cara A. Boyanowski, Esquire. end` unsel but after acknowl ent r ?,dirGOQk. i The parties acknowledge that they fully understand the facts and have bee fully informed as to their legal rights and obligations, and they acknowledge and accept that thi Agreement is, in the circumstance, fair and equitable and that it is being entered into freely and voluntarily, after having received such advice and with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 6. FINANCIAL DISCLOSURE The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement, and each party acknowledges that D fiv there has been a full and fair disclosure of the parties' marital assets and debts and the parties' U9 respective incomes, which has been provided to each party. 7. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS Each party understands that he or she has the right: (1) to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to compulsory discovery to assist in the discovery and verification of facts relevant to their respective rights and obligations, including the right to question the other party under oath; and (4) to have a Court hold hearings and make decisions on the matters covered by this Agreement, which Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Given said understanding and acknowledgment, both parties hereby waive the foregoing procedural rights. 8. BANKRUPTCY The parties hereby agree that the provisions of this Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and 5 void and to terminate this Agreement in which event the division of the parties' mutual assets and all other rights determined by this Agreement shall be subject to Court determination the same as if the parties had never executed this Agreement. 9. TAX PROVISIONS The parties believe and agree, and have been so advised by their respective attorneys, that the division of property heretofore made by this Agreement is a non-taxable division of property between co-owners rather than a taxable sale or exchange of such property. Each party promises not to take any position with respect to the adjusted basis of the property assigned to him or her or with respect to any other issue which is inconsistent with the position set forth in the preceding sentence on his or her federal or state income tax returns. Yt The parties haveTeretofore filed joint federal and state tax returns. Both parties agree n the event any deficiency in federal, state or local income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 10. PERSONAL RIGHTS Wife and Husband may and shall, at all times hereafter, live separate and apart. They shall be free from any contact, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. Wife and Husband shall not molest, harass, disturb, or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means whatsoever with him or her. 11. MUTUAL RELEASES Except as otherwise expressly provided by this Agreement: A. Each party hereby absolutely and unconditionally releases and forever discharges the 6 other and the estate of the other for all purposes from any and all rights and obligations which either may have or at any time hereafter have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel fees, costs, expenses and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well as under any other law of any other jurisdiction, except and only except all rights, agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. Neither party shall have any obligation to the other not expressly set forth herein. B. Each party hereby absolutely and unconditionally releases and forever discharges the other and his or her heirs, executors, administrations, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties or otherwise, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities or the other or by way of dower, curtsey, widow's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory or the United States, or any other country. It is expressly understood, however, that neither the provisions of this release nor the subsequent entry of a divorce decree are intended to defeat the right of either party to receive any insurance proceeds at the death of the other of which she or he is the named beneficiary (whether the beneficiary designation was made prior or subsequent to execution hereof), nor to defeat the right of either party to receive any legacy, bequest or residuary portion of the other's estate under his or her will, or to act as personal representative or executor if so named by the will of the other, whether such will was executed prior or subsequent to this Agreement. C. Except for any cause of action for divorce which either party may have or claim to have, and except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever, in law or in equity, which either party ever had or now has against the other. 7 12. PRESERVATION OF RECORDS Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other parry access to those records in the event of tax audits. 13. WAIVER OR MODIFICATION TO BE IN WRITING No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver or any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 14. REMEDIES IN THE EVENT OF A BREACH Any party breaching this Agreement shall be liable to the other party for all costs, including reasonable counsel fees incurred by the non-breaching parry to enforce his or her rights under the provisions of this Agreement subsequent to the date of execution of this Agreement, regardless of whether litigation is instituted. In the event of default of any of the provisions of this Agreement by one of the parties, the remedies available to the other are cumulative and include all remedies at law and in equity, including those for breach of contract, under theories or equity, under the Domestic Relations Code as amended, including Section 3105 of the Domestic Relations Code (which includes contempt) as if this Agreement had been an Order of Court, and shall not be limited to those remedies specifically referred to in this Agreement. 15. LAW OF PENNSYLVANIA APPLICABLE This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. 16. AGREEMENT BINDING ON HEIRS Except as may otherwise be provided, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors, and assigns. 17. INTEGRATION This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 18. OTHER DOCUMENTATION Wife and Husband covenant and agree that they will forthwith (within ten (10) days at most after demand thereof) execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 19. NO WAIVER OF DEFAULT This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any breach of any provision hereof be construed as a waiver of any subsequent default of the same or similar nature, nor shall the waiver of any breach of any provision hereof be construed as a waiver of strict performance of any other obligations herein. 20. SEVERABILM AND INDEPENDENT AND SEPARATE COVENANTS The parties agree that each separate obligation contained in this Agreement shall be deemed to be a separate and independent covenant and agreement. If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet her or his obligations under any one or more of the paragraphs herein, with the exception of the satisfaction of any conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 21. MANNER OF GIVING NOTICE Any notice required by this Agreement to be sent to Wife shall be sent by certified mail, 9 return receipt requested, to Rosemarie Johnson, 5006J North Convent Lane, Philadelphia, Philadelphia County, Pennsylvania 19114, or counsel for Rosemarie Johnson, or such other address as Wife from time to time may designate in writing. Any notice required by this Agreement to be sent to Husband shall be sent by certified mail, return receipt requested, to Albert J. Johnson, 527 Barry Court, Mechanicsburg, Pennsylvania 17050, or counsel for Albert J. Johnson, or such other address as Husband from time to time may designate in writing. 22. HEADINGS NOT PART OF AGREEMENT Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. SECTION III SPOUSAL SUPPORT, ALIMONY PENDENTE LITE, ALIMONY AND HEALTH INSURANCE PROVISIONS 1. ALIMONY The parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final settlement and satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance, alimony pendente lite or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other payment for support, maintenance, alimony pendente lite or alimony. 2. HEALTH INSURANCE Husband shall continue to provide health insurance for Wife, at the present levels and providing substantially the same benefits as are now in effect, for so long as Wife is eligible to receive coverage under his present health care plan, i.e., until such time as a final Decree in Divorce 10 is entered by the Cumberland County Court of Common Pleas. SECTION IV PROPERTY DISTRIBUTION PROVISIONS 1. PERSONAL PROPERTY Husband and Wife do hereby acknowledge that they have previously divided their tangible personal property including, but without limitation, jewelry, clothes, furniture, furnishings, rugs, carpets, household equipment and appliances, pictures, books, works of art and other personal property. Wife agrees that all of the property in the possession of Husband shall be the sole and separate property of Husband; and Husband agrees that all of the property in the possession of Wife shall be the sole and separate property of Wife. The parties do hereby specifically waive, release, renounce and forever, abandon any claims which either may have with respect to the above items, which shall thereafter be the sole and exclusive property of the other. 2. RETIREMENT BENEFITS Husband is a participant in a retirement plan through the Civil Service Retirement System. The parties agree that an Order of Court shall be entered by the Court of Common Pleas of Cumberland County and provided to the Civil Service Retirement System to provide for a monthly distribution to Wife. Wife's benefit shall amount to Fifty Percent (50%) of the Marital Portion of the Employee's self-only, unreduced Monthly Annuity determined as of the Employee's date of retirement (including any benefits attributable to service outside of the Civil Service such as military service that is incorporated into the calculation of the Employee's annuity). For purposes of calculating Wife's share of the Employee's benefit, the Marital Portion shall be determined by multiplying the Employee's self-only, unreduced Monthly Annuity by the following coverture fraction: The numerator of which is the total number o f months of Creditable Service earned by the Employee from the date of Marriage (November 18, 1978) until May 16, 2002. And the denominator of which is the total number of months of the Employee's Creditable Service accrued under CSRS 11 The parties further acknowledge that Wife's benefit shall include all post-separation enhancements made to the plan, except for those enhancements arising from post-separation monetary contributions made by Husband to the plan, after May 16, 2002, including any gain or loss on such contributions. Husband shall be free to select any option for retirement he so chooses. Husband acknowledges and agrees, in exchange for Wife's agreement to forego an election for survivor benefits, he will agree to maintain his Federal Employee group term life insurance policy with its current death benefit coverage amounts, paying all costs associated with same in a timely fashion, and name Wife as its sole beneficiary. Husband agrees to cooperate and sign all documents necessary, after the entrance of the final Decree in Divorce, to secure Wife's status as sole beneficiary of this group term life insurance policy. In the event, for any reason, Husband shall cease to be eligible for participation in this group term life insurance policy plan, he agrees to purchase a private life insurance policy, securing his life, with death benefits comparable to the FEGLI policy, and pay all costs, including premium payments, in a timely fashion. Additionally, Husband is a participant in the Federal Government Thrift Savings Plan (TSP). Husband and Wife agree that these benefits shall remain the sole and separate property of Husband, and Wife specifically releases and waives any and all interest, claim or right that she may have to these assets. 3. BANK ACCOUNTS Husband and Wife are the owners of individual bank accounts. Husband and Wife agree that these accounts shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title or interest he/she may have in the other party's account. 4. AUTOMOBILES Husband and Wife are the owners of various automobiles. Husband and Wife agree that these vehicles shall be the sole and separate property of the person in whose name they are titled and each party waives any right, title, or interest he/she may have in the other party's vehicle. 5. LIFE INSURANCE Husband and Wife are the owners of various term life insurance policies through private companies. flusband and Wife agree that these policies, shall be the sole and separate property of 12 the person in whose name they are titled and each party waives any right, title or interest they may have in the other parties' policy. Each party shall be responsible for any premiums due upon his or her policy under this Agreement. The parties further agree to name each other as the designated beneficiary under these policies. Each party shall provide written proof to the other of the beneficiary designation, upon request. 6. CURRENT LIABILITIES Wife and Husband represent that they have taken all steps necessary to make sure that no credit cards or similar accounts exist as of the date of execution of this Agreement which provide for joint liability. Furthermore, Husband acknowledges that as of May 16, 2002, the parties' date of separation, any and all debts incurred by him on that date, or any date subsequent to that date, are his sole and separate responsibility, and he agrees to indemnify and hold Wife harmless from same. Wife acknowledges that as of May 16, 2002, the parties' date of separation, any and all debts incurred by her on that date, or any date subsequent to that date, are her sole and separate responsibility, and she agrees to indemnify and hold Husband harmless from same. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable. 7. PAYMENT OF LEGAL FEES Each party hereby agrees to be responsible for any legal fees incurred on their behalf. 8. AFTER-ACQUIRED PROPERTY Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are acquired by him or her after the parties' date of separation, May 16, 2002, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as through he or she were unmarried. 9. REAL ESTATE A. Marital Residence - The parties acknowledge that on November 27, 2002, prior to the signing of this Agreement, Husband transferred all of his right, title and interest in the Marital Residence, located at 222 Main Street, Mechanicsburg, Cumberland County, Pennsylvania, to Wife, through the execution and filing of a Deed. Husband ratifies this transfer of property to Wife through the signing of this Agreement. 13 SECTION V CLOSING PROVISIONS AND EXECUTION Each of the parties has carefully read and fully considered this Agreement and all of the statements, terms, conditions, and provisions thereof prior to signing below. IN WITNESS WHEREOF, intending to be legally bound hereby, the parties hereto have set their hands and seals on the date indicated below. I TNESS RO ARIE J? 40N'o DATE rvi fS5 ALBERT JQII? ON DATE MAL DONNA M. TOWNSON =Uzc,Ty PHRADELPHIA COUNTY Conwton 11.2008 14 } P7 t?st,lc",4r!I.l(1??I' ? A,YII/IC_i'. t 3iidtJ9 Y#Krlo" YII3 Ali ](IAJIHci YTt1UO'^) AIH9J30AJ149 Iltl .11 uM t900 no4# mpo- YM Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 171 10 Telephone: (717) 540-9170 Facsimile: (717) 540-5481 Attorney for Plaintiff, Rosemarie Johnson ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 02-2822 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A copy of the Divorce Complaint, filed on June 10, 2002, was served upon Defendant, Albert J. Johnson, personally, on June 13, 2002. A copy of Defendant's Acceptance of Service have been filed of record with this Honorable Court. 3. (Complete either paragraph (a) or (b).) (a). Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff: November 3, 2007; by Defendant: November 3, 2007. (b) (1). Date of execution of the affidavit required by §3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: N/A. 4. Related claims pending: None. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: N/A. (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 8, 2007 (anticipated). Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 8, 2007 (anticipated). Respectfully submitted, SERRATELLI SCHIFFMAN BROWN & CALHOON Cara A. Boyanowski, Esquire Supreme Court I.D. No. 68736 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROSEMARIE JOHNSON Plaintiff VERSUS ALBERT J. JOHNSON, Defendant No. 02-2822 CIVIL TERM DECREE IN DIVORCE AND NOW, b6y 1 ,-) 1 (., , IT IS ORDERED AND DECREED THAT Rosemarie Johnson , PLAINTIFF, AND Albert J. Johnson 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; no claims remain. AND, it is further ordered, that the marital property of the parties hereto shall be distributed in accordance with the Marital Settlement Agreement signed by them on November 3, 2007. Said Agreement is incorporated herein for the purposes o enforcement and confirmation of the legal obligations undertaken therein by and BY THE COURT: ATTES PROTHONOTARY .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-2822 CIVIL TERM PLAINTIFF'S PETITION FOR SPECIAL RELIEF TO PREVENT DISSIPATION OF MARITAL PROPERTY ORDER OF COURT AND NOW, this 20th day of November, 2007, upon consideration of the attached letter from Cara A. Boyanowski, Esq., attorney for Plaintiff, the hearing previously scheduled for December 6, 2007, is cancelled, and Plaintiff's petition for special relief to prevent dissipation of marital property is deemed moot. ROSEMARIE JOHNSON, : Plaintiff V. ALBERT J. JOHNSON, Defendant Cara A. Boyanowski, Esq. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 Attorney for Plaintiff Michael Scherer, Esq. 19 West South Street Carlisle, PA 17013 Attorney for Defendant BY THE COURT, :e Ili Wesley O /,-Jr., J. ,Y? ii i -e 7 :? d ?? AOMLOOZ ?tlUrv?; i?? 3RL jo Cara A. Boyanowski, Esquire SERRATELLI SCHIFFMAN BROWN & CALHOON 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 717-540-9170 - telephone 717-540-5481 - facsimile cboyanowski(a, ssbc-law.com Attorney for Plaintiff, Rosemarie Johnson ROSEMARIE JOHNSON, Plaintiff V. ALBERT J. JOHNSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-2822 CIVIL TERM IN DIVORCE ER OF COURT IT IS HEREBY ORDERED, ADJUDGED, AND DECREED AS FOLLOWS: Effect of This Order As a Court Order Acceptable for Processing: This Order creates and recognizes the existence of a Former Spouse's right to receive a portion of an Employee's benefits payable under the Civil Service Retirement System (CSRS). Such benefits may represent a portion of the Employee Annuity, a Refund of Employee Contributions, or may award a Survivor Annuity to the Former Spouse. It is intended to constitute a Court Order Acceptable for Processing (COAP) under final regulations issued by the Office of Personnel Management (OPM). The court has considered the requirements and standard terminology provided in part 838 of Title 5, Code of Federal Regulations. The terminology used in the provisions of this order that concern benefits under the CSRS are governed by the standard conventions established in that part. {.' '!'-` to sou 2. Employee Information: The name, last known address, social security number and date of birth of the "Employee" are: Name: Albert J. Johnson Address: 527 Barry Court, Mechanicsburg, Pennsylvania 17050 Social Security Number: 162-44-7211 Birth Date: September 3, 1952 3. Former Spouse Information: The name, last know address, social security number and date of birth of the "Former Spouse" are: Name: Rosemarie Johnson Address: 5006J North Convent Lane, Philadelphia, Pennsylvania 19114. Social Security Number: 208-44-4792 Birth Date: November 26, 1954 The Former Spouse shall have the duty to notify OPM in writing of any changes in her mailing address subsequent to the entry of this Order. 4. Identification of Retirement System: The Employee will be eligible for retirement benefits under CSRS based on employment with the United States Government. 5. For Provision of Marital Property Rights: This Order relates to the provision of marital property rights and/or spousal support to the Former Spouse as a result of the Order of Divorce between the Employee and the Former Spouse. 6. Providing for Payments to Former Spouse: The Former Spouse is entitled to a portion of the Employee's self-only, unreduced Monthly Annuity under CSRS as set forth below, subject to any reductions imposed for the provision of a Former Spouse Survivor Annuity. The Untied States OPM is hereby directed to pay the Former Spouse's share directly to the Former Spouse. 7. Amount of Former Spouse's Benefit: This Order assigns to the Former Spouse an amount equal to Fifty Percent (50%) of the Marital Portion of the Employee's self-only, unreduced Monthly Annuity determined as of the Employee's date of retirement (including any benefits attributable to service outside of the Civil Service such as military service that is incorporated into the calculation of the Employee's annuity). For purposes of calculating the Former Spouse's share of the Employee's benefit, the Marital Portion shall be determined by multiplying the Employee's self-only, unreduced Monthly Annuity by a fraction, the numerator of which is the total number of months of Creditable Service earned by the Employee during the marriage from November 18, 1978 to May 16, 2002 and the denominator of which is the total number of months of the Employee's Creditable Service accrued under CSRS (including military service credited to CSRS, should the Employee opt out of receiving his or her military disposable retired pay). The marriage began on November 18, 1978. In addition to the above, when cost-of-living adjustments (COLAs) are applied to the Employee's retirement benefits, the same COLAs shall apply to the Former Spouse's share. Benefit Commencement Date: The Former Spouse shall commence her benefit as soon as administratively feasible following the date this Order is approved as a COAP, or on the date the Employee commences his benefits, if later. Payments shall continue to the Former Spouse for the remainder of the Employee's lifetime. However, in the event that the Former Spouse dies before the Employee, OPM is directed to pay the Former Spouse's share of the Employee's civil service retirement benefits to her estate. The Employee agrees to arrange or to execute all forms necessary for OPM to commence payments to the Former Spouse in accordance with the terms of this Order. Refund of Employee Contributions: If the Employee leaves Federal service and applies for a refund of employee contributions under CSRS, the Former Spouse shall be entitled to a pro rata share of the refund of such employee contributions. 10. Transfer to the Federal Employees Retirement System: In the event that the Employee makes a one-time irrevocable election to transfer into FERS before his retirement, the Former Spouse shall be entitled to a portion of the Employee's Basic Annuity and/or a Refund of Employee Contributions under FERS calculated in a manner similar to that enumerated in Section 7 and Section 9 for CSRS annuity and refund, respectively, and payable directly from FERS. Additionally, the Former Spouse shall be entitled to a Former Spouse Survivor Annuity payable under FERS calculated in the same manner as set forth in Section 10. 11. Savings Clause: This Order is not intended, and shall not be construed in such a manner as to require OPM: (a) to pay a Former Spouse a portion of an Employee's annuity before the Employee's annuity begins to accrue; or (b) to pay a Former Spouse any amounts in excess of an Employee's net annuity. 12. Constructive Receipt: In the event that CSRS inadvertently pays to the Employee any benefits that are assigned to the Former Spouse pursuant to the terms of this Order, the Employee shall immediately reimburse the Former Spouse to the extent that he or she has received such benefit payments, and shall forthwith pay such amounts so received directly to the Former Spouse within ten days of receipt. 13. Actions by Employee: If the Employee takes any action that prevents, decreases, or limits the collection by the Former Spouse of the sums to be paid hereunder, the Employee shall make payments to the Former Spouse directly in an amount sufficient to neutralize, as to the Former Spouse, the effects of the actions taken by the Employee. 14. Continued Jurisdiction: The court shall retain jurisdiction to establish and/or maintain the status of this Order as a COAP, and to effectuate the original intent of the parties as stipulated herein. The court shall also retain jurisdiction to enter such further orders that are just, equitable, and necessary to enforce, secure, and sustain the benefits awarded to the Former Spouse, in the event that he Employee and/or OPM fail to comply with any or all of the provisions contained herein. Such further orders may also include, but not be limited to, nunc pro tunc orders or orders that recharacterize the benefits awarded under this Plan to apply to benefits earned by the Employee under another plan, as applicable, or orders that award spousal or child support, to the extent necessary to carry out the intentions and provisions of this Order. 15. Notice of Pending Retirement: The Employee shall be required to notify the Former Spouse, in writing, within thirty days prior to his or her actual date of retirement. Such notice shall indicate the Employee's intention to retire and his or her elected benefit commencement date. The notice shall be sent via regular, first class, mail. For this purpose, the Former Spouse shall notify the Employee of any changes in the Former Spouse's mailing address. IT IS HEREBY ORDERED: i Date: LA 66F J. esley Oler, ., J. DISTRIBUTION: Cara A. Boyanowski, Esquire 2080 Linglestown Road, Harrisburg, PA 17110 Michael A. Scherer, Esquire 19 W. South Street, Carlisle, PA 17103 COF I ES mkl LL