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HomeMy WebLinkAbout02-2914 GENEVIEVE GUDZ, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C).;l.- d.-9/Y Cu~L ~~ CIVIL ACTION - LAW IN DIVORCE RICHARD D. GUDZ, Defendant COMPLAINT IN DIVORCE I. The Plaintiff is Genevieve Gudz, an adult individual currently residing at 317 Eighth Street, New Cumberland, Cumberland COWlty, Pennsylvania, 17070. 2. The Defendant is Richard D. Gudz, an adult individual who currently resides at 10424 S. Broadmoor Drive, Palos Hills, Illinois, 60465. 3. The Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on JWle 8, 1963, in Chicago, Illinois. 5. Plaintiff's Social Security Number is 331-38-6223. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There have been no prior actions of divorce or for annulment between the parties. 8. Plaintiff has been advised that cOWlseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in cOWlseling. 9. There were three children born of the marriage, Gloria M. Gudz, (d.o.b. 1/6/1964), Gwendolyn C. Gudz (d.o.b. 5/10/1965) and David B. Gudz (d.o.b. 12/31/1967). nnrm."pnf #.. ? ~ ; iRIi 1 10. The marriage is irretrievably broken. 11. The parties separated July 3, 2001. 12. Plaintiff requests the Court to enter a Decree in Divorce divorcing Plaintiff and Defendant. COUNT I EQUITABLE DISTRIBUTION 13. The averments of paragraphs 1-12 are incorporated herein by reference. 14. During the marriage the parties acquired marital property, assets, and debts which Plaintiff requests the Court equitably distribute and assign. WHEREFORE, Plaintiff, Genevieve Gudz, requests the Court enter a Decree in Divorce, enter an Order equitably distributing marital property and enter such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. BY~ cV. Va>>LPCL Melissa Van Eck, Esquire Attorney J.D. No. 85869 P.O. Box 5300 3211 North Front Street Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff Genevieve Gudz Date: June R, 2002 nnrrlmpnl Ji. '~,'iRI'I" 1 .---.---.-.----. - .~-'~.~_...-----,_.._.". VERIFICATION I, Genevieve Gudz, hereby certifY that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unsworn falsification to authorities. Date: ,-) - D J- Genevieve Guciz Document #: 225189.1 (") c:> 0 C N -.., "'IQ. ?: <- '-1 ~ -00'3 CC= ~-;~ :n 8 1 ~ - " n-lp; z !. r- ~ ~ 2::0 "c;m ~ ze,;:: :uO 1t:. ~ ~ lI't (J)".", -..l ()~~ -<: ..c_ r:CJ -:J'I e . . . . < " (,':):21 ~ D ~ 8 C/'t ~C~, ~ ---70 ...... 2:0 .c--m - () j;:- ~? ~ ~ D c rs> i j ~ c"'" 35 {'- I <.::> -< ~ \:, v :n ~ ..... ~ R "1- t ~ ,... -<.. ~ C" v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~- ~ql,,\ GENEVIEVE GUDZ, Plaintiff RICHARD D. GUDZ, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Melissa L. Van Eck, counsel for Plaintiff, Genevieve Gudz, hereby certify that a true and correct copy of the Complaint in Divorce was served upon the following, by certified mail, return receipt on June 21, 2002. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is a copy of the return receipt card indicating service upon: Richard D. Gudz 10424 S. Broadmoor Dr. Palos Hills, IL 60465 Defendant METZGER, WICKERSHAM, KNAUSS & ERB, P.C. LfYlJ1Nn ~. \/(iJ.. P0t Melissa L. VanEck, Esquire J.D. No. 85869 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Genevieve Gudz Date: July 2, 2002 Document #: 237949.1 'I' I I I ! I IIIII r UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 . . . . Sender: Please print your name, address, and ZIP+4 in this box · , 1",11\; 111",ll",IHI," II 1",,1 r;n I" n ",11",11",1",11 MELISSA L VAN ECK ESQUIRE METZGER WICKERSHAM 3211 NORTH FRONT STREET PO BOX 5300 HARRISBURGPA 17110-0300 . ~... ~..'.. -... I I I L .. . . Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. ArtIcle Addressed to: RICRARD D GUDZ 10424 S BROADMOOR DRIVE PALOS HILLS IL 60465 D. Is delivery eddl1lllS dlflerent from item 1? If YES, enter delivery address beiow: 3. Service Type XXqertifled Mall 0 Express Mall o Registered 0 Return Receipt for Merchandise o Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 'I 2. Article Number i (Transfer from servlce./BbeQ I PS Form S811 , August 2001 I 7000 1670 0011 4508 3841 Domestic Return Receipt 102595-01-M-25(l9 .. .._..~~-_._-~--~---~._-" ,~, ,....+ ... ~~ GENEVIEVE GUDZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 02-2914 RICHARD D. GUDZ, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Melissa L. Van Eck, Esquire, on behalf of Plaintiff, Genevieve Gudz. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: \~ -3\ -co By~r:J.\,M CC'L Melissa L. Van Eck, Esquire Attorney J.D. No. 85869 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 PRAECIPE TO ENTER APPEARANCE Kindly enter the appearance of Andrew Spears, Esquire, on behalf of Plaintiff, Genevieve Gudz. METZGER, WICKERSHAM, KNAUSS & ERB, P.C By C~ C----- Andrew Spears, Esquire P.O. Box 5300 Harrisburg, PA 17110 (717) 238-8187 Dated: \)... 2,() .. V"'---- Document #: 247784.1 o c: z_ -rJ[i:' mn- Z~J. zc ~i.::: ~- -' )>--- 6,'c-.:, J:->C: Z =z o w ~ ~::r- ';2:::' I CT" '-0 ", t-::::: ;..-~ ~: ~~? <() ,'. :..;-\ t~_~2 (~ bfi'; _1 ?D. -<.. l)? :Jl .r=- GENEVIEVE GUDZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-2914 v. RICHARD D. GUDZ, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT. 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on June 17, 2002 and served upon Defendant on June 24, 2002. An Affidavit of Service was filed on July 3, 2002. 2. The marriage of Plaintiff and Defendant is irretri,:vably 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 Divorce. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Dated: (p - I 0 - 0 L{- ~~JJJy- 304010-1 ''':.1 c:. c ~ ...., = = .r- '- c::: z o " :r fl1::D .- -nIT1 ~39 ~6 ~~=R ~jo cSrn ~S ", :::r:r:", ::!.C i5 U1 (,.1 -< GENEVIEVE GUDZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-2914 RICHARD D. GUDZ, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE UNDER SECTION 330Hc) 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, lawyers' fees or expenses in 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. 1 understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Dated: t, - /0 - 6 "I ~~ JJJd! /" Genevieve Gudz D 304010-1 o ~.; -.::..,.~ -DG'~'; \T\rr ':-7 >.' u:~ -< y i~ ~ ,..., "'" :? <.- S; - N - :c~ 3: ~ :i!-n ""F: -ern :p':;? 06 ~~ (;Jc-) ~~j rn ::c. 'p. ?2: C? U'l c..o GENEVIEVE GUDZ, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. No. 02-2914 RICHARD D. GUDZ, Defendant CIVIL ACTION - LAW IN DIVORCE TO: PROTHONOTARY PRAECIPE TO ENTER APPEARANCE/CHANGE OF ADDRESS AND LAW FIRM AFFILIATION OF COUNSEL Bruce J. Warshawsky, Esquire has changed his law firm affiliation and address and will continue to represent Genevieve Gudz, the Plaintiffin the above captioned action. Please kindly enter the appearance of Bruce J. Warshawsky, Esquire and the Law Firm of Cunningham and Chernicofj, P.c., on behalf of Genevieve Gudz, the Plaintiff in the above captioned action. CUNNINGHAM & CHERNICOFF, P.c. B~~ Bruce J. Warshawsky, Esquire PA Supreme Court ID# 58799 CUNNINGHAM & CHERNICOFF, P.c. 2320 N. Second. Sir. Harrisburg, PA 17110 - Dated: Qhl01 Mailing Address: P.O. Box 60457 Harrisburg, PA 1'l106-0457 (717) 238-8187 Attorneys for Plaintiff, Genevieve Gudz PRAECIPE TO WITHDRAW APPEARANCE Kindly withdraw the appearance of Metzger, Wickersh,am, Knauss & Erb, P. C. on behalf of Genevieve Gudz, the Plaintiff, in the above captioned action. Dated: ~C?h Ie t-/ :TZG~m~;CRB'p.c Steven P. Miner, Esquire PA Supreme Court ID# 38901 Metzger, Wickerslllam, Knauss & Erb, P.c. 3211 N. Front. St. Harrisburg, PA 17110 (717) 238-8187 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Secretary for the law office of Cunningham & Chemicoff, P.C., do hereby certify that a true and correct copy of the Praecipe to Withdraw Appearance/Enter Appearance in the above-captioned matter was sent first class U.S. Mail, First Class Mail, postage prepaid on this date, to the following: Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 Genevieve Gudz III Second Street Apartment 3 West Fairview, PA 17025 Steven P. Miner, Esquire METZGER, WICKERSHAM, KNAUSS & ERB, P.C. 3211 North Front Street Harrisburg, PA 17110 ICOFF, P.C. ~~ Date: q-'7-QI....! Julieanne Ametrano 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17110 (717)238-6570 (j ~ ~ = ~ (/) rn -0 , U) ;."1 .~ \; (>.:, " ~._.. ~... r.",'.,# ":''''1 ~'::-;., . -4.", "'~;;. Y "' -,:~ ::.: Cf? v.> o ~ :r,-,., [111'" ,,., -On ~tJ T (~o ~~~i ~~,~~ :i~ -, C) c-- t:~5~ '.i'lr\l. ~ <;;; "" h "~I 'ti I to Sf{ /i('CJ -'p;:'; C'fP ~-~.)) (};:.""?f C:)-I~ri .j;:! ,.u -,~ ~~:;-.. ~ ~ <.", <::;) x GENEVIEVE GUDZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-2914 RICHARD D. GUDZ, CNIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSEN1: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 17,2002 and served upon Defendant on June 24, 2002. An Affidavit of Service was filed on July 3, 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 Divorce. I verifY that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Dated:~5 'D (11. 0 ~Udz "OFFICIAL SE/.\, RIMA A. BLAt. Notary Public, Statf v ,'I '~ My Commission Expires ," """,,\\"n~i.;.,y..... ,.~,_",-,.:;\ 304010-1 6 "OFFICIAL SEAl!' RIMA A. BlAZYS My C~~;:sio~b~~PI~t:~.~~~I~~~j~007 ~ co:> <-" <-.-- (:=::' ';t.: 1" OJ i ~ --c :1;':: Q. -' :r;-n rn~ -oq :9'\,' S:~C?, ~~;.:~"l ()-:-s -. ;,.(" '--I' 9\ -~ ~ <:? o v:> K GENEVIEVE GUDZ, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 02-2914 RICHARD D. GUDZ, CNIL ACTION - LAW Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE 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, lawyers' fees or expenses if! 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Dated: Co -!) L( r()5 V I~Qb;J ~udz p/G~ -- ~-..)t(-tl\J ~~ U""\,, """''''';'1 "OFFICIAL SEA! I~IMA A. BlAZ ' Notary Public, State 0' My Commission Expires M,,~ nn\\"''''...~.. .,..."",. '0; .... 304010-1 b "OFFICIAL SEAl.!' RIMA A. BLAZYS Notary Public, State of Illinois My Commission Expires March 26. 2007 o ~ d '%} (...> c::,. =;:"" ....' OJ ~, ~,. tP " ~ .~~,:;, Q, ~--:Q \\"~, -o'L) "',),}..) !,.::.?\~;. "A'--",' <7~:\?\ '>'"'1 '~-'~ <- ;'fj ','2- - GENEVIEVE GUDZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2914 : CNIL ACTION - LAW RICHARD D. GUDZ, Defendant : IN DNORCE AFFIDAVIT OF CONSI~NT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 17,2002. 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. 94904 relating to unsworn falsification to authorities. Date: J'<? 6 - ().5 JJ~~. h~ Genevieve Gudz home/tlfJdivorce/gudz_aff o c-; =~ ....., c:> ~:) "" (/') '1"1 .....0 I Cc, ~ ::::l ~'-I1:O c::; -0" . :C)C? ~?j Cf:~ ")::;~ :"~ ( ,) - ~- 11\ ':J .-.-l 2: ~ -0 ~ 1') CD GENEVIEVE GUDZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL V ANlA v. : NO. 02-2914 : CIVIL ACTION - LAW RICHARD D. GUDZ, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(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. 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. g4904, relating to unsworn falsification to authorities. Date: 6'- 3 0 - oS: ~W~ Genevieve Gudz homeJtlfJdivorceJgudz-wai GENEVIEVE GUDZ, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA RICHARD D. GUDZ, Defendant : NO. 02-2914 : CNIL ACTION - LAW : IN DNORCE CERTIFICATE OF SERVICE I, JnH=M Am_o, "'"u A.'i,,,,,, wiili ili, l,w fim of C"',"in_ & Ch,,",iro~ I~r P.C., honby rortilj> "" on ili, --=c "'y of S<>PI"",,,",, 2005, , 1m, "'" roo"" ropy of <Ire W..,,, of Noti" onn'ontion tn """N' Enby of . D",,~ Doo... U."" 1330'(,) of... Divorce Code was served by first-class U.S. Mail, postage prepaid, to: Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 CUNNINGHAM & CHERNICOFF, P.C. /)/ ' , . '''.. 1 By: V-/1Uu.tLI-tu...../! ( /(>...e 4u ~u ieanne Ametrano 2 20 North Second Stre'~t .. . O. Box 60457 Harrisburg, P A 17106-0457 ....., C:::l C'::> <J' U., j"Tl ~...O , CJ' ~ ~- o -n ..... -:r:..,., fT1F -n~ ?~:}~~i :':~~~;l '-) '"':-\ N CO ~~ GENEVIEVE GUDZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2914 : CIVIL ACTION - LAW RICHARD D. GUDZ, Defendant : 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: I. Ground for divorce: irretrievable breakdown under 93301 (c) or 9JJOI (d)(l) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Defendant was served on June 21. 2002. via certified mail. return receipt. in accordance with the Affidavit of Service filed with this Court on Julv 3. 2002. 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by 9330I(c) ofthe Divorce Code by Plaintiff on AUlrust 30. 2005 and bv the Defendant on June 24. 2005. (b)(I) Date of execution ofthe Affidavit required by 93301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/A. 4. Related claims pending: All outstandin!! claims were settled bv written AlITeement between the parties dated June 24.2005. A true and correct cOPV of the written AlITeement is attached hereto as Exhibit "An and is incorporated herein bv reference. 5. (Complete either Paragraph (a) or (b)). (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record. N/A. Plaintiff and Defendant have executed Waivers of Notice ofIntention to ReQuest Entrv ofa Divorce Under Section 330](c) of the Divorce Code with the Court. (b) Date Plaintiff's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: September L 2005. Date Defendant's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: June 28.2005. Respectfully submitted, ~\)lk By: c J. Warshawsky, E .D. #58799 Kelly M. Knight, Es ir !.D. #87365 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorneys for Plaintiff) home/tlfldivorce/gudz-pra 2 GENEVIEVE GUDZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2914 : CIVIL ACTION - LAW RICHARD D. GUDZ, Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant with the law firm of Cunningham & Chemicoff, . ,51 P.C., hereby certtfYthat on the ~ day of September, 20135, a true and correct copy of the Praecipe to Transmit Record was served by first-class U.S. Mail, postage prepaid, to: Thomas J. Williams, Esquire Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, P A 17013 CUNNINGHAM & CHERNICOFF, P.C. // ' By!/ ujte~uJ dlILLI&~ (J ieanne Ametrano 2 20 North Sewnd Street . O. Box 60457 Harrisburg, PA 17106-0457 3 EXHIBIT 'A' , ~--~_..----~ 1'-'J'lLES'.vATAfrLE'.(j"J".~j\CUJr~Hl\I06H.I.1ll ',de ~I. ,~ LL~.# 0) \rCJlc'll:OlfI9/9,12:0g'35PM . 0 Rc.j,cd (Mi08Iwos:].n9AM \ loonl ,- -------- MARITAL SETTLEMENT AGREEMENT R/J(;::. dCOG This Agreement, made this J L/ day of . 0 lJALp , "OM '. lily and between RICHARD D. GUDZ, of 10424 Broadmoor Drive:GZ:)s Hills, Illinois, (hereinafter referred to as "Husband") and GENEVIEVE GUDZ, of 317 Eighth Street, New Cumberland, Pennsylvania (hereinafter referred to as "Wife"); and WHEREAS, the parties hereto are Husband and Wife, having been married on June 8, 1963, in Chicago, IlIinoi3; and WHEREAS, difficulties have arisen between the parties as a result of which they separated on July 3, 2001, and now desire to Jive separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in settlement of a divorce action filed in Cumberland County Court at 02-2914; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advic(:. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or co!1usion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement , they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: I. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife , and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301(c) ofthe Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any ofthe provisions hereof. ,. 4. DEBTS: Both parties agree that, in the future, neither shaH cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the oth~:r free and hannless from any and all debts and other obligations which he or she may have incurred since the date ofthe separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PERSONAL PROPERTY: Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. 6. MARITAL RESIDENCE: Husband and Wife are joint owners by the entireties of a certain piece of real estate, with a dwelling known as 10424 South Broadmoor Drive, Palos Hills, Illinois, hereinafter referred to as the "marital residence." Husband is currently residing in the marital residence and shall continue to enjoy exclusive possession thereof until it is sold. So long as he resides in the martial residence, Husband shall be solely responsible for paying the mortgag,e, as well as other expenses of the marital residence, including taxes and insurance. The parties shall list the home for sale not later th:m April, 2006, with a realtor chosen by both. parties. The parties shall consult and agret: with regard: to all negotiations involving the sale of the house; provided, however, that an offer of at least $200,000.00 shall be presumed acceptable and agreeable to both parties. At settlement on the sale of the house, after paying all liens, as well as the normal sale expenses, the remaining net proceeds shall be divided evenly between the parties. 7. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rend,ered by pension the non-defaulting party's attorney in any action or proceeding to compel the defau](ing party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Y Agreement and the challenge is not successful, the challenging party shall similarly reimburse the X. defending party for all expenses and losses incurred in the, defense. " . ^ '" j)J7 tJ n j) . ,HI 100 8. HUSBAND'S ~ENSION: ~ ,to.tQ .~~ ~;r ~ &1, 'to Wifeshallreceiv~Husband'sT~stl~~~. W~a~~e _ a Qualified Domestic Re~er and have same entered With the Teamst;r's Pension Fund. EXECUTION OF DOCUMENTs:: ~ ~ I Y ~ 9. The parties agree to execute all documents that are reasonably necessary to effectuate the pUrpose of this Agreement. In the event that either pazty shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 10. CONTRACT INTERPRETATION: For purposes of contract interpretation and for the pUrpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. II. 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, tazlgibJe or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 13. MARITAL DEBTS: During the course of the marriage, Husband imd Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills was incurred, that Husband shall be solely responsible for the following bills, obligations imd debts: Husband will be responsible for all payments connected with the marital residence until it can be sold, including mortgage, taxes, insurance, repairs, maintenance and the like. Wife shall be solely responsible for any and all bills, obligations or debts not listed above as a marital debt assumed by Husband. Each party agrees to hold the other free and hannless from any and all liability which may arise from the bills, obligations, and debts which are the responsibility of that party and agrees to indemnity and defend the other party from any claim regarding same. 14. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which togelther shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce anypart of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. I. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of refermce only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and Witness: year first above written, intending to be legally bound hereby. .~ ~{~? G -J 'f-(}5 Et::~&:. G ~ ~~ KB.-h+ Genevieve Gudz, Wife STATE OF ILLINOIS ) :SS ) "OFFICIAL SEAt:' RIMA A. BLAZYS Notary Public, State of Illinois My Commission ExpIres March 26, 2007 COUNTY OF y of -:ltvl!: ,2004, before me, the undersigned officer, personally appeare Richard D. Gud own to me (or satisfactorily proven) to be the person whose name is subscribe WI n instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereuntC' set my hand and official seaL ~d~ (SEAL) COMMONWEALTH OF PENNSYL VANIA COUNTY OF C!u1MS~ ) :SS ) On this, the I ~ay of ~ ~efore me, the undersigned officer, personally appeared Genevieve Gudz, known to me (or satisfactOrily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~ ~~. (SEAL) ~-'"-_....."." NOTARIAL SEAl ""-. . =L.~PublIc MyC"I~, fld'-,,~ _1~ (') c- r-> CO" <C.:-':) a' <.0 reo:, -.., -.-\ -< o -n .-4 -:1:-n h1f:";:: :r.:';(~'~ N _~t:/ .:~~ ~A ~~\ ~ :<. ~n . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of,., 'f ~ 'f' ;+:'" '+:'1' . . . . . . . . . . . "" 'f''+: :f.'f'f''f':f:t::l''f' ;+: 'f';+.:+. "';+::+::+':+':f . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. Genevieve Gudz Plaintiff No. 02-2914 VERSUS Richard D, Gudz . Defendant . . . DECREE IN . . . DIVORCE . . AND NOW, /-, ~ef~ . L ., .-:~' ./ -- . ~)=Jj/, IT IS ORDERED AND . . . . . . DECREED THAT Genevieve Gudz , PLAINTIFF, . AND Ri C":h.qrn D. Gun? , 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; I ~vV,- B :of. 'f''f''f 'f' . J. . . . . . . . ROTHONOTARY . . . . 'f' 'f' +'f'f''f''f'+:+:'f 'f Of"'Of;+: Of Of? . .. '+:+'f:f:+: ;!;:f;t''f:+;t; 'f Of :+: Of. . ~('Jfrz~ ~ 50- f ,~~ fp/7.~ ~'r? --9/- '6 . ~\., . , "..... GENEVIEVE GUDZ, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 02-2914 : CIVIL ACTION - LAW RICHARD D. GUDZ, Defendant : IN DNORCE ORDER AND NOW, this '-' \.:, day of 2005, it is hereby ORDERED that the DECREE IN DIVORCE issued September 13,2005 shall be amended as follows: BY THE'COURT: / Edg . a CERTIFIED: -. ,2005. '" ),)JJrFY I ":,, n; ';3i!'J(1:) 60 :8 \old 92 d3S SOal \. 'II"" ,"" .'"'' 3' 11:1'" Ht- I "'l,.,. <"..'" ">->r'" .'~ , J E U'._,<.h ,.........' '....'~'-......; I 'oJ 30~:~:!O"f!311j f'FlLES'DAT"'flU'(j_~,\lot7~11Il C'r&llGIl OIl\"'9511,0I.3SPM RnM Oof.oQMW iNI:J,4.:1' AW 10ll'''-) ~~~:d'~ MARITAL SETTLEMENT AGREEMENT f!tk:; dC05 This Agreement, made this J L{ day of . "^- '. lty and between RICHARD D. GUDZ, of 10424 Broadmoor Drive, os Hills, llIinois, (hereinafter referred to as "Husband'') and GENEVIEVE GUDZ, of 317 Eighth Street, New Cumberland, Pennsylvania (hereinafter referred to as "Wife''); and WHEREAS, the parties hereto are Husband and Wife, having been mamed on June 8, 1963, in Chicago, TIlinois; and WHEREAS, difficulties have arisen between the parties as a result of which they separated on July 3, 2001, and now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in settlement of a divorce action tiled in Cumberland County Court at 02-2914; and WHEREAS, Husband and Wife declare that each bas had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she bas read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just. adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and volu.,tarily, lilld not as a result of :my fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge thatbefore signing this Agreement , they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the tenns of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS. Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of norunarital property held or expected to be held by each other. <' NOW, TIIEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties heretodo hereby agree as follows: 1.~: Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages. actions, causes of action or suits at law orin equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof, further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. mYQRCE: Both parties agree to conclude a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incolJlOrated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter ofrbis Agreement for the purpose of enforcement of any of the provisions hereof. f 4. DEBT"S: Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and hannless from any and all debts and other obligations which he or she may have incurred since the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. S. Except as stated below, the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. 6. Husband and Wife are joint owners by the entireties of a certain piece of real estate, with a dwelling known as 10424 South Broadmoor Drive, Palos Hills, Dlinois, hereinaftcrreferred to as the ''marital residence." Husband is currently residing in the marital residence and shall continue to enjoy exclusive possession thereofuntil it is sold. So long as he resides in the martia1 residence, Husband shall be solely responsible for paying the mortgage, as well as other expenses of the marital residence, including taxes and insurance. The parties sha1llist the home for sale not later than April. 2006, with a realtor chosen by both parties. The parties shall '~onsult and agre" with regard to all negotiations involvi..g the sale of the house; provided, however, that an offer ofat least $200,000.00 shall be presumed acceptable and agreeable to both parties. At settlement on the sale of the house, after paying all liens, as well as the normal sale expenses, the remaining net proceeds shall be divided evenly between the parties. 7.~: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages forthe breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaulting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as \ )')1 wen as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the Rl defending party for all expenses and losses incurred in the defense. {} . 1W /io ,..."" r. Jj 61'\ * I to V 8 ' . ~ ~ ~~l-V:f'-(..J(^-'(. , . ',.' . YJ-POM t'.1tli; to j( Wifeshallreceiv~;i;;;.j;;;~fHusband's~~ 1 'sattOmeysl+Iiprep&re a Qualified Domestic Re~er and have same ent~. ~e M's i~ 9. The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party sha11 have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 10. CO~CT INnllP~:rATlmi: Forpwposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. II. 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 is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 12. As long as any obligations remain to be perfonned pursuant to the provisions of this Agreement, each party shall have the affinnative obligation to keep the other infonned of his or her residence address and telephone number, and shall promptly notifY the other in writing of any change of address by giving the new residence address and telephone number. 13. MA.RlTAL DEBIS: During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts. It is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills was incurred, that Husband shall be solely responsible for the following bills, obligations and debts: Husband will be responsible for all payments connected with the marital residence until it can be sold. including mortgage, taxes, insurance, repairs, maintenance and the like. Wife shall be solely responsible for any and all bills, obligations or debts not listed above as a marital debt assumed by Husband. Each party agrees to hold the other free and hannless from any and all liability which may arise from the bills, obligations, and debts which are the responsibility of that party and agrees to indemnify and defend the other party from any claim regarding same. l~ : A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended. modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may net be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. '" ( G. Jurisdiction over the parties with regard to anymatter covered by this Agreement shall be in Cumberland County, Pennsylvania. AIly reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agreement shall not be deemed awaiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. 1. All payments or communications pertainingto matterS provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, ifno such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Witness: Af.e, ~~~~. .h~~ KE,-I1~ Genevieve Guciz, Wife "OFFICIAL 5EAC' RIMA A. BLAZV5 Notary I'uDlie, Stale of Illinois My CommisSIOn ~xplres Mlrch 26. 2007 ) :SS COUNTY OF ) ~ ~f:lid .2004,........"...__._ appe RiChard~ G own to me (or satisfactorily proven) to be the person whose name is subscrib mstrument, and acknowledged that he executed the same for the purposes therein contained. STATE OF ILLINOIS IN WITNESS WHEREOF, I hereunto set my hand and ofliciaJ seal. ~~ (SEAL) COMMONWEALTH OF PENNSYLVANIA ) :SS COUNTYOFaJlU1~ ) On this, the I ~y of ~ ~fore me. the undersigned officer, personally appeared Genevieve Guciz, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~~~'1" (SEAL) NOTARJALSEAi--- . AlQMIl~ = NIl I m l-" r l ~ ..Co... . ..,.. -11,_ :'-' r:- l' ,; 'Le T.-) --,.-.' .. \/ L..,L :} ~ ... Genevieve Gudz Plaintiff IN THE COURT OF COM CUMBERLAND COUNTY, PENNSYLVANIA &i " LUUb 'i VS, CNIL ACTION - LAW Richard D. Gudz Defendant NO. 02-2914 QUALIFIED DOMESTIC RELATIONS ORDER 1. The parties to this action have entered into a Marriage Settlement Agreement dated June 24, 2005. The Court incorporated the Marriage Settlement Agreement into its Divorce Decree dated September 26, 2005. 2. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's benefits payable under an employer sponsored defined benefit plan which is intended to be qualified under Internal Revenue Code of 1986 ("Code") ~414(p). The Court intends this order to be a Qualified Domestic Relations Order C'QDRO") within the meaning of Code ~414(p). The Court enters this QDRO pursuant to its authority under the 23 Pa,C.S.A. ~3502. 3. This QDRO applies to the International Brotherhood of Teamsters Local Union No. 710 Pension Fund ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other plan(s) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer whereby liability for benefits accrued under such predecessor plan has been transferred to the Plan, shaH also be subject to the terms of this Order. Any changes in Plan Administrator, Plan sponsor, or name of the Plan shaH not affect Alternate Payee's rights as stipulated under this Order. 4, Richard D. Gudz ("Participant") is a participant in the Plan. Genevieve Gudz ("Alternate Payee"), the former spouse, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, social security number and date of birth are: Richard D, Gudz 10424 Broadmoor Drive Palos Hills, IL 60465 Social Security # 322,36-9223 Date of Birth: October 12, 1933 6. The Alternate Payee's name, mailing address, social security number and date of birth are; Genevieve Gudz 111 Second Street, Apt. 3 West Fairview, PA 17025 Social Security # 331,38-6223 Date of Birth: October 30,1946 . .. QDRO Page 2 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The Participant is currently receiving a monthly pension under the Plan. 8. This QDRO assigns to Alternate Payee a portion of the Participant's current monthly The amount assigned to the Alternate Payee is $1,000.00. penslOn. 9. Payments to Alternate Payee shall commence as soon as administratively feasible. 10, lifetime. Payments shall continue to Alternate Payee for the remainder of the Participant's 11. If Alternate Payee predeceases Participant, the Alternate Payee's portion of Participant's pension, as stipulated herein, shall revert to the Participant. 12. All payments made pursuant to this order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 13, It is the intention of the parties that this Order continue to qualify as a QDRO under Code s414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder, 14. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. III the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) days of receipt, 15. The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO. 16, This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide, 17. This QDRO does not require the Plan to provide increased benefits determined on the basis of actuarial value, '-.. QDRO Page 3 18. This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee. 19. The Plan shall treat this QDRO in accordance with Code ~414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO. 20. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt ofthis QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determi,ning the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. 21. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. Ordered this "2> day of ~. 2006 BY THE COURT / ~ Judge CONSENT TO ORDER: )1,-:'.,,-. }J, Plaintiff 3, l..o -()6 Date //11 n .1- /S-O~, Date 1) ~J~ G uxD f))efendant ~ 3 - 3 - G0 Date ,/1~ J tvwlL~ j-IO,Of., Attorney for D~fendant - Date >- ('-"'l c: .:1: i.." (0 " LL - ~L 1....... (~)(:~. C', C(;~ ('~ LU'-'- CC ~lLl .-1...-- ...': ,,- t--. ':", , LJ_ c;:;) <:) 0 C..;;1 ""