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IN THE COURT OF COMMON
OF CUMBERLAND COUNTY
STATE OF ;~~,; I PENNA.
f.~ '-1' .".{ '.. .
, ,. ," "~I
A. GAY WALKER,
P lnintif f
1'\1), 63.2
QY1k, I('fi.'.
VI'I'"II';
IVAN BLAIR WALKER, JR.,
D(!fendont
AND NOW,
DECREE IN
DIVORCE
11\J~\Ja.tl.'i 19 .,(.
A..GAY.WM.,I(f':R . . . . . . . .
It is ordered and
, plaintiff,
dQfendant,
decreed that
and, .
.lVIINBLI\IR WALKEIl
..,...". I
are divorced from the bonds 01 matrimony.
The court retains jurisdiction of the following c10lms which hove
been raised of record In this action for which (J final order hos not yet
been entered;
, , ').'n.\).
1996,
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S~pq~o~ipn,ond Propetty SQttlem~nt ~g~eQmont datQd,July,~O, ~~
is attached hereto nnd is Iwrehy il1corpornted into this Decree,';,
. . . . . . . . . . . , ,.. , . . , . . .. - . ~
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1. VOLUNTARY AGREEMENTI It iSllcknowludged by thll partie.
that this Aireement is entered into voluntarily and after duo deliberation by
each of thum.
S. SEPARATION AND NON.INTERFERENCEI It shall be lawful
for Husband and Wife at all times hereafter to live separate and apart from
each other and to reside from time to time at such place or placlls as they shall
respectively deem fit, free from any control, restraint, harassment or
interference, indirect or direct, from each other. The foregoing provisions shall
not be taken to be an admission on the part of either party of the lawf\llnesB or
unlawfulness of the caUBes leading them to live apart.
8. DIVORCE ACTION 1 The parties acknowledge that an action for
divorce between them is pending between them before the Court of Common
Pleas of Cumberland County, Pennsylvania, Walker v. Walker, No. 632 Civil
1994. The parUes hereby acknowledge their intention and agreement to
proceed in said action to obtain a final decree In divorce by mutual consent on
the grounds that their marriage is Irretrievably broken, and to settle amicably
and fully hereby all claims which might be raised by either party In the divorce
action. The parties agree to execute, Blmultaneously herewith, the necllssary
AffidavltB of Consent for tho entry of a final divorce decree.
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.. REAL PROPERTYI
a. The partie8 acknowledge that Hueband and Wife are the
joint ownere of B certain townhoulle at 126 W, Pomfret St., CBrll.le, PA, and
ninu one-car (9) Boragee ut Chapel Avenue, Carllele, PA, both acquired by them
during their marriage, prior to their separation. The parties agree that upon
payment to Wife of the full sum due to her under this Agreemflnt, Wife ehall
convey to Husband all her interest. right and title to the said jointly owned
properties.
b. The parties acknowledge that Wife is the Individual owner of
a certain townhouse at 23 Walnut Street, Carlisle, PA, purchased by Wife, with
separate funds, after separation of the parties. Husband Rgrees to execute a
Deed, simultaneously herewith, conveying to Wife Bny interest or claim he may
have to said property by reason of the marriage of the parties.
c. The parties agree to respectively IndemnitY and hold each
other harmless for all tax assessments, liens, mortgage8 Bnd/or other
Indebtedness or other obligations related to the house and real properties which
they are to receive hereunder, and to execute all documents required to relea88
the other pal'ty from liability for same.
d. The parties acknowledge and certltY that they own no other
real property either jointly or Individually.
3
O. PERSONAL PUOPERTY:
a. Wlfo IIhall recelvo the baby grand piano prellontly In the
jointly owned townhoulle at 126 West Pomfret Street, Cllrllsle, PA,
b. The parties acknowledge the dllltrlbutlon between them 01'
their perllonal property, tangible llnd Intangible, Inoludlng houllehold goodl and
furnllhlngll, motor vehicle II, and other items; the partiell agree that, except 01
otherwille provided for herein, the present division of penonalty Is to their
mutual satlllfaction, and each of the parties shall hereafter own and enjoy,
Independently of any claim or right of the other porty, all Items of personal,
tangible and intangible property now or htlreafter owned or held by her or him
with full powel' to dillposo of the same effectively and for all purpolles as If she
or he were unmarried.
6. PAYMENT TO WIFE: As a meanll of dllltributing the property
interests of the parties not specifically addressed in this Agreement, Husband
agrees to pay Wife the sum of EIGHTY TWO THOUSAND SIX HUNDRED
SIXTY FOUR DOLLARS <'82,664.00) all follows I FIVE THOUSAND
DOLLARS <'15,000) paid prior to the date hereof, receipt of which ia hereby
acknowledged, and SEVENTY SEVEN THOUSAND SIX HUNDRED SIXTY
FOUR DOLLARS <'77,664.00) within ninety (90) days of the date hereof, In
the event that the said sum is not paid in full within ninety (90) days of the
execution of this Agreement, the unpaid sum shall accrue interest from Its date,
4
at tho rate 01' eliht (8%) per cent per annum. Upon requeBt of Wife, HUBband
aurOOB to execute a Note and Mortgage to secure his payment of the above Bum.
7. PENSION RIGHTS.
a. Husband agrees to assign to Wife tho entire present value of
hlB Quaker Oats Retirement Account and all benefihl deriving theref'rom.
b. The parties agree to cOQperate to obtain the dlBtrlbutloll of
HUBband's Quakel' Oats Retirement benefits by entry of a Qualified DomeBtlc
Relations Order In the divorce action between the parties,
o. The parties hereby each waive any and all claims to, or
interllBt In, any othtlr pension rights or retirement funds of the other party.
8. DEBTS OF THE PARTIES.
a. 'I'he parties certlf.y and acknowledge that they have at thlB
time no joint debts or liabilities aside from any indebtedness related to the
marital residence.
b. The parties agree that they will not In the future contract or
Incur any debt or liability for which the other party, his or her property or
eetate, might be responsible and each further agrees to Indemnif.y and save
harmless the other party against any claims that may be llsserted by anyone
against the other party by reason thereof.
II
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8. NON.MERGER IN DIVORCE DECREE I Tho partielllliree that
in the event of ablolute divorco betweon them, they shall nonethelelll continuo
to be bound by all the terms of thil Agreement, and neither this Agreement,
nor the terms hereof, shall be deemed to have been merged in Ilny decree or
judgment granted in the divorce actioll, but shalllurvive and be forever binding
upon the parties.
10. EXECUTION OF DOCUMENTSI Each of the parties shall, from
time to time at the request of each other, execute, acknowlodge and deliver to
the other party any and all further instruments that may reasonably be
required in order to give full force and effect to the provisions of this
Agreement.
11. COUNSEL FEESl Each party hereto agrees that he or she shall
individually be responsible for any and all counsel fees and expenses incurred
by him or her in connection with the preparation of this Agreement and the
divorce between the parties,
12. MUTUAL RELEASEI Except as provided for in this Agreement,
the parties hereby remise, release, quit-claim and forever discharge each other
and the estate of each other, for all time to come, ond for all purposes
whatsoever, from ony and every claim, including alimony, alimony pendente
lite, spousal Bupport, equitable distribution of marital property, counsel feeB or
COltl under the Divorce Reform Act, or otherwise, that they make or hereafter
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make in and to or against each other's estates or any parts thereof, whether by
way or dower or curtesy, or under the Intestate laws, or the right to take or
elect against the other'a will, flxcept only such rights as accrue pursuant to this
Agreement.
18. NON.WAIVER. The failure of either party to Insist In anyone or
more instances upon the strict performance of any of the terms hereof in this
Agreement shall not be construed as a waiver or relinquishment of such term
or terms In the future,
14. RECONCILIATION. The parties agree that In the event of a
reconciliation between them, this Agreement shall continue In full force and
effect unless terminated by mutual written consent,
lIS. BREACHI In the event that either party breaches any provllllon
of this Agreement, he or she shall be responsible for any and all costs incurred
to enforce the Agreement, including, but not limited to, court costs and counsel
fees of the other party. In the event of breach, the other party shall have the
right, at his or her election, to sue tor damages for such breach or to seek such
other and additional remedies as may be available to him or her, Including
equitable enforcement of the Agreement.
16. APPLICABLE LAW AND EXECUTION. 'l'he parties hereto
agree that this Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania, and shall bind the parties hereto, and their
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A. GAY WALKER.
PI....tiff
v.
. IN THE COURT OF COMMON PLEAI OF
. CUMBERLAND COUNTY, PENNSYLVANIA
· (.,3,.1
I NO: CML /11y
.
I IN DIVORCE
I
IVAN BLAIR WALKER,
Defendant
COMPJ..AlN'r
AND NOW COMES the Plaintiff, and allegeB 88 followl:
Plaintiff'. Fir" Cau." of Action. Divo,.".
1, The Plaintiff ill A, Gny Walker, who currently reBide. at 126 Welt Pomfret
Street, CI11'Ulle, Cumberland County, PA 17013,
2, The Defendant il Ivan Blair Walker, who currently relidel at 126 WeBt
Pomfret Street, CI11'1IBle, Cumberland County, PA 17013.
3, The partiel have reBided in the Commonwealth of PennBylvania in excell of
IIx monthB immediately prevloull to the flUng of thil Complaint,
4. Plaintiff and Defendant were lawfully married on July 9, 1966, in Garden
City, Finney County, KanIWl,
5, There have been no prior actionl of divorce or for annulment between the
partie I in this or any other juriBdiction,
6, Neither party to thi8 action in divorce is currently a member of the Armed
Forcel of the United Statel of America,
7, Plaintiff hWl been adviled that coullllellng II available and that the Plaintiff
I verity tbat the .tlltement. made In the forelIoina Complaint are true and
correot. I undefltand that falle Itatement. herein are made lubJeot to tbe penalti.1
of 18 Pa,C,B, . 4904, relating to un.wOrn faJ.Ulcatlon to authorltlee,
Dated:
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A. GAY WAI,KE:ll,
PJ./lintiff
IN THE COURT OF COMMON PLEAS OF
CUM8ERLAND COUNTY, PENNSYLVANl,A
CIVIL ACTION - LAW
VII.
IVAN BLAIR WALKmll,
Defendant
NO. (/32
IN DIVORCE:
~IVrr.
1994
STATgs SHEET
DATEI
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ACTIVIj'IESI
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0"101 0' DIVO"OI MAITI"
CUMBERLAND COUNTY
COURT Of COMMON PLEAS
9 North Hanove, 61,..1
Ca,lIsle, PA 17013
(717) 240,6535
I. "....,. Illok.r, II
Dlvorc. Mill.,
Tr..1 oI. C.lver
Offlc. MIlIl.ger/R.pcner
Andrea c. Jacobeen
JACOBSEN , "ILKES
52 Eaot Hiqh street
Carliele, ~A 17013
REI A. Gay Walker ve. Ivan Blair Walker
No. 632 civil 1994
In Divorce
w... .h....
697.0371 E~l, 6535
July 17, 1995
Harold s. Irwin, III, loquir.
36 South Pitt Str..t
Carliele, PA 17013
Dear Mo. Jacobsen and Mr. Irwinl
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It appears upon review of the file that there i. an is.u.
with regard to date of oeparation. I aSSUme that the part i..
are not agreeable to oigning affidavits of coneent and I aloo
aeoume that the date of eepardtion will be relevant in helping
ue value marital aseets. Therefore, oince the is.ue of date of
separation neede to be resolved bQfore getting into the .p.cific
issuee with regard to the claim of equitable dietribution, I am
aeking each counsel to oontact my secretary to eohedule a
hearing date to take teotimony on the date of eeparation ieeue
only. Following resolution of that i.oue, we will th.n
determine how to proce.d with the caoe and epecifically the
economic claim.
Very truly youro,
E. Robert Elicker, II
Divorce Mut.r
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A. GAY WALKER, I IN TH!!: COURT OF COMMON PLEAS O~'
Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA
I
Vll. I CIVIl. ACt'ION - l.AW
I
I NO, 632 CIVIL 1994
IVAN BLAIR WALKER, I
Defendant I IN OIVOIlCE
OIl!!}':}!_.^!:I}L.NO:,J.~!~,~.. S~:'I"Ut:!G JIEAIHNG
To:
A. aay Walker
Andrea C. Jacobsen
lvan Blair Walker
Harold S. Irw.l.n, I II
. l'luinliff
, Couneol for Plllintif'f
, Defendant
, Counsel for Defendant
You are directed to appcllr for II hearing to take
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testimony on the outstllnding iU6ucB in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania, on the 16th <ILl)'
of. October , 1995, at __91(1) ,..a.m., at which place
and time you will be givtln tIlO opportunity to present witnesBeB
and e~hibit~ in support of your case.
By the Court,
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k;rold E, Sheely,
.Judge
Data of Order and
Noticel 1/19/95
IlYI
DIvorce MaBter
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO I"1ND OUT WHERE YOU
CAN GET LEGAL HELP.
Court Admlnistrator
Fourth Floor, Eas t Wing
Cumberland County Courthouse
CarliSle, PA 17013
Telephone (717) 240-6200
· Testimony will be limitod to tho issue of the date of
Reparation of the parties.
A. OAY W"I.I<~R,
Plaintitt
Vs.
, IN TH~ COURT OF COMMON PI.EAB or
I CUMBERI.AND COUNTY, PENNSYLVANIA
I
I NO. 632 CIVIl. ~994
IVAN BLAIR WALI<ER, JR.,
Detendant IN DIVORCE
THE MASTERI Today is Monday, October 16, 1995.
This was a date eet for a hearing to take testimony on the i..ue
ot the date ot separation of the parties. Both parties are
present in the hearing room along with counsel. A. Gay Walker
is represented by Andrea C. Jacobsen and Ivan Blair Walker, Jr.,
is represented by Harold S. Irwin, III.
A divorce complaint was tiled on February 10, 1994,
raieing grounds tor divorce of irretrievable breakdown at the
marriag~ and the economic claim of equitable dietribution.
The part.ies and counsel have determilled tha~ we are
not going to proceed to try to resolve the date at separation
issue inasmuch as the specific date will not be generally
helpful in Obtaining a divorce and in the distribution of
assets. Inasmuch as counsel and tile parties have determined a
general outline of a potential settlement in this case, it
appears as if the date of separation will not be particularly
helpful or relevant in finally resolving the outstanding issue..
Counsel and the partiee are going to place on the record an
understanding of what they believe they will be able to agree to
in terms of the tinal settlement in this case with respect to
the outstanding economic claim of equitable distribution. The
Qutline of the understanding will be utilized in a final
aqreement between the parties but it is epecifically noted thet
the memorandum it.elf, a. placed on the record today, will not
be binding upon either Of the parti.. a. an agreement. Becau.e
there are certain valuations for pensions that are not available
to us at the pre.ent time, coun.el have indicated that it i.
better that we have the valuations acoomplished so that counsel
know what the numbers are before a final agreement is reached.
Once the pension number. have been obtained,
hopefully coun.el and the parties will be able to utilize the
memorandum which will eet forth the tentative agreement on all
of the issue. to finally bring the parties to a point where they
can sign an agreement that will be binding and will be a
finalization of all the outstanding issues pending_ As part of
the finalization of the economio iseues, hopefully with the
signing of an agreement, counsel will have their client. sign an
affidavit of consent so that the divorce can then be concluded
under Section 3301(c) of the Domestic Relations Code. At that
point the previous affidavits under Section 3301(d), which are
in the file, will not be relevant to the obtaining of the
divorce.
Ms. Jacobsen.
MS. JACOBSEN I
1. The partiee will agree that a praeoipe will be fUld
a~ending the caption to refleot the faot that Defendant
uee. Jr. a. pa~t at his name.
2. The partie. will agree that the Saab that ie currently in
the poese.sion of the wite, the title will be .ign,d over
to her.
3. The van that is owned by the parties will be eold and the
prooeede will be split equally between them or in the
alternative that if the partiee can agree upon an
apprai.ed value that 1/2 of that appraised value will be
paid by husband to wife.
4. The baby qrand piano that is presently in the marital
home will beoome wife's and is to be removed by wit.
within thirty (30) days of a tinal agreement.
IS. Husband will pay the sum of $3,000.00 in oaeh upon the
.igning at the agreement as his contribution t~ward the
outstanding joint loan taken out to finance the education
of their daughter ~imberly.
6. Hu.band wi 11 pay the sum of $85,000.00 upon his
refinancing of the marital home to wife.
7. The parties agree that they will share the expenae of the
appraisal of the marital home done by Doug Heineman which
COlt $150.00 and was paid by wife. The parti.. further
agree that they shall each bear the cost of obtaining a
ourrent value ot their retirement plans, husband's
through Quaker Oats and wife's through the Carliale
Area School District. It is understood that the value of
I<nouse ia a 401 (k) and has a set value. If that is
inoorreqt, husband will bear the oxpense of havinq that
apprai.ed also.
8. Wife will sign over all her right, title, and interest in
the mar ita 1 home to husbarld.
9. Husband agrees to cooperate upon the request of his son
for oertain tools that are in his possession to rsleaa.
.ome of those tools to him. Mark will px'ovide his
father with a list of the tools t.hat he is inter.'lted
in and the parties will attempt to negotiate regarding
tho.. items.
10. The partiea will exohange information regarding their
r.apeotive retirement and pension interest as of the last
day at March 1994. It ie wife/. propoaal that the value.
of the pen. ions be divided equally batween the two of
them by a Qualified Domeetic Relatione Order or otherwilQ
a. may be appropriata. It i. hueband's poaition at thi.
time that there bn no diatribution of any of the pension
right. between the two of them and that each of them keep
their own pension.
The pOlitione of the partiea in regard to the pen. ion are
taken in cona1deration of the entire oomponenta of
the agreement ae diecuIsed above.
I
11. Wife will provide documentation to hueband of the fact
that the loan referred to as a joint debt is, in fact, in
both name. and wife will indemnify husband againet any
claims made by the creditor on that debt in the event of
hel' reoeipt of the $3,000.00 as aforementioned in the
tentative agreement.
THE MASTERI copies of the memorandum will be sent
to the parties and couneel. Counsel are requeated to adviee the
Maeter ae to the status of th. case within two (2) weeke of the
date of receipt of the pension information so that the Malter
knows whether or not to reschedUle the case for a conference or
a haaring. Therefore, the tracking of this case with respect. to
the echeduling in the Master's office will be left up to coun.el
at thie point, which will be dependent upon aouneele' receipt of
the pen.ion valuations.
OCI Andrea C. Jacobsen
Attorney for Plaintiff
A. Gay Walker, Plaintiff
Harold s. Irwin, III
~ttorney for Defendant
Ivan Blair Walker, Jr., Defendant
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IIAROLD S, IRWIN,III,I:SQUIRI
ATfORNI:V ID NO, 29921/
J6 SOI1TH PITf STRl:l'f
CARLlSLI: PA 171/U
(717) 2"J-6I/911
ATfORNEY FOR DI:IIINDAN'I'
I
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IIN THE COURT OF COMMON PLEAS ~
I CUMBERLAND COUNTY, PENNSYLVANIA
I CIVIL ACTION. LAW
I
I NO. 631 CIVIL 1994
; IN DIVORCE
A. GAY WALKER,
PlalntllT
IVAN BLAIR WALKER. JR.,
Defendallt
DEf'ENQANT'S COUNTERAFFIDA vl'r UNDER SECTION 3~OH~)
OF THE DlYORCE cpm:
1, Contrary to plalntilfs atlldavlt med on March 17, 199~, the partielto Ihll action
leparated on March 9. 1993. not March 10, 1991, However, the pmlel also began a period of
reconciliation on July 9, 1994, The parties reconciliation ended on March 17, 1994 at which
time the parties again separated when plalntill'left the marital home, Accordingly, the parties'
applicable separation period began on March 17, 1994 and to date the parties have not been
separated for a period of at leB8t two years 81 Indicated In plaintiff's affidavit,
2. The marriage ill not Irretrievably broken,
3, I understand that I may 10le rights concerning alimony, division of property,
lawyer's fees or expenses If I do not claim them belbre a divorce Is granted, Accordinl!1y, I wish
to make claims for a division of property which has not taken place all of this date,
I veritY that Ihe 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, of 4904 relating to
unsworn falsification to authorities,
April .iL, 199!
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i$. I/,-CJ''''' 1),f.Ot,~, L( .JI-R..t~,,-, A,
VAN BLAIR WALKER, JR. 'Defenda...
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I\AROl.D S. IRWIN. III. .:SQUJRt:
ATTORNn II) NO. 19?zq
J6 SOUTlI PITT STRUT
fAIU.lSU: PA 17013
(717) 1~J.60')0
A'n'OltNU .'Olt IU:n:NI)AN'I'
A. GAY WALK.:H.
1'1/1111110'.
t IN TilE COlJln OF COMMON PLEAS OF
I ClJMDEHl.AND COUNTY. PENNSYLVANIA
I
I CIVIL ACTION. LAW
VI.
IVAN DLAllt WAI.KElt.
J)erelld/l/ll
I NO, 632 CIVIL 1994
I IN DIVOHCE
"
NOW comes the defendant. by his Illlorncy, Harold S, Irwin, III, Esquire, and meslhis
response to plulntltl's motillJ! for nppIllntment of mllster. representing as follows:
1, The nvcnnents of this parngrnph of plaintltl' s petition are denied by reason that
there remain severalnppralsals which must be done before this malter can proceed before the
Master. Defendant has requested thut plulntlll'cooperate III the payment of the expenses for
obllllllin!! these appralsnls. but plnlntll1: throll!!h her counsel, has relused to contribute to such
costs,
2, The averments of this paragraph of plalntllf ~ petition are admilled,
3. The averments of this paragraph of plaintltl' s petltlon,~re admllled,
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udmilted in pUnllll'llph live of her petition, thai the parties experienced a pel'iod ufreconclliatlon
li'om July, 1993throu1\h March 17. )9'14 Accordinllly, the applicable sepaJ'lltiun period under
Section 330 I (d) of the Divorce Code bellun on Murch 17, 1994, au lIlatter oflaw, and the
purtles should not be required to underllo the time and expense of a Master' 8 hearing to determine
this issue.
11, The averments of this parallraph of plaintlll's petition are admitted,
12, The averments ofthis pamgraph ofplalntitl's petition are admitted; however, by
WilY of further response. ~efendant denies that such a hearing Is necessary in that plalntllT has
admitted in parallraph llve of her petition, that the parties experienced a period of reconciliation
from July, 1993 throullh March 17, 1994, Accordingly, the applicable separation period under
Section 3301 (d) of the Divorce Code began on March 17, 1994, as a matter oflaw, and the
parties should not be required to undergo the time and expense ofa Master's hearing to determine
this issue.
July Ir:) ,199~
/------.,-
I TRUE COPY FROM RECmiD
"TI!5t1m'InY Whllf9l1t, 111~I'llifl\l) :;"1 my tl.ltld
and tlMl (l.'~1 01 :.J11I (,;)11\1 at C;Hhr.,lu r.:1
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Prothonolllry
36 South Pitt Street
Carlisle, PA 17013
(717) 243-6090
Supreme Court ID No, 29920
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A. (,AV WAU<ER,
'1IIIIIIIlT
I IN TilE COURT OF COMMON PLEAS OF
I CUMDERl,AND COUN'I'V, PENNSYLVANIA
I
I C:IVIL ACTION. LAW
I NO. 631 CIVIL 1994
r
r IN DIVORCE
v.
IVAN Bl,AIR WALKER. JR..
Dffflldlllll
The plalntill: being duly sworn. according to law, deposes and says:
I, I have been advised of the availability of marriage counseling and understand that I
may request that the courl require that my spouse alld I participate In counseling,
2, I understand that the court maintains a list of marriage counselors in Ihe
Prolhonotary's Oll1ce, which list Is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down,
I verifY that the statements madc In this al11davit are true and correct. I understanJ that
lillsc statements herein made are subject to the penalties of 18 I'a, c.s, Section 4904, relating to
unsworn falsification to authorities,
/k,r:.u" If, 1996
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MARITAL SETl'LEMENT AGREEMENT
.
TillS AGREEMENT is made this ~~day of + 1996, by and
between A. GAY WALKER ("Wife") and IVAN BLAIR WALKER, JR.
("Husband").
WHEREAS, the parties were mll.1Tied on July 9, 1966, in Garden City,
Kansas, and have remained married since that time; and
WHEREAS, certain differences have arisen between the parties and, as a
consequence, they have agreed to live separate and llpart trom each other;
WHEREAS, the parties have one minor child, Mark D. Walker, age 16,
presenUy residing with Wife, and two older daughters, Jennifer L. Walker, aee
22, attending college and residing with Wife during school breaks, and
Kimberly M. Walker, age 24, living on her own; and
WHEREAS the parties wish to let forth certain covenants and
understandings regarding their s€lparation, and their respective property rights;
and
NOW THEREFORE, in cOllsideration of the mutual promises and
undertakings contained herein, the parties hereto, intending to be legally
bound, covenant and agree I1S follows:
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,
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,
1. VOLUNTARY AGREEMENT I It il acknowledged by the parti..
that thil Asrllllment Is entered into voluntarily and. after due deUberation by
each of them.
2. SEPARATION AND NON.INTERFERENCEI It shall be lawful
for Hueband and Wife at all times hereafter to live separate and apart from
each other and to reside from time to time at such place or places as they shall
relpectively deem fit, free from any control, restraint, hartl.llsment or
interference, indirect or direct, from each other. The foregoing provilions shall
not be taken to be an admission on the part of either party of the lawfulness or
unlawfulness of the causes leading them to live apart.
3. DIVORCE ACTIONl The parties acknowledge that an action for
divorce between them is pending between them befol'e the Court of Common
Plltu of Cumberland County, Pennsylvania, Walker v. Walker, No. 632 Civil
1994. Thll plU'ties hereby acknowledge their intention and agreement to
proclI.d in said action to obtain a final decrlle In divorce by mutual consent on
the srounds that their marriage is irretrievably broken, and to settle amicably
and fully hereby all claims which might be raised by either party In the divol'ce
action. The parties agree to execute, simultaneously herewith, the necessary
Affidavits of Consent for the Ilntry of fl. final divorce decree,
2
"
4. REAJ. PROPERTYI
a, The partie a acknowledge that Husband and Wife are the
joint ownen of 11 certain townhouse at 126 W. Pomfret St., Carlisle, PA, and
nine one-,~ar (I)) garagea at Chapel Avenue, Carlisle, PA, both acquired by them
durinr their marrillie, prior to their separation. The parties Iliree that upon
payment to WiCe oC the Cull sum due to her under this Atlreement, Wife shall
convey to Husband all her intereat right and title to the aaid jointly owned
properties.
b, The parties acknowledgo that Wife ia the individuol owner oC
a certain townhouae at 23 Walnut Street, Carlisle, PA, purchased by WiCe, with
separate funds, after separation of the parties. Husband agreea to execute a
Deed, simultaneously herewith, conveying to Wife any interest or claim he may
have to said property by reason of the mamllie QC the parties.
c. The parties agree to respectivoly indemnify and hold each
other harmless Cor all tax assessments, liens, mortgages and/or other
indebtedness or other obligations related to the house and real properties which
they are to receive hereunder, and to execute all documents required to l'elease
the other party Crom liability for same.
d. The parties acknowledge and certifY that they own no other
real property either jointly or individually.
3
1.1. PERSONAL PROPERTY:
a. Wife shall receive the baby lP'and piano presently in the
jointly owned townhouse at 126 West Pomfret Street, Carlisle, PA,
b, The pa.rties acknowiedge the distribution between them of
their personal property, tnniibie and intaniibie, including household goode and
furniehinp, motor vehiclee, and other items; the parties agree that, except IlS
otherwise provided for herein, the present division of personalty ie to their
mutual satisfaction, and each of the parties shnll hereafter own and enJoy,
independently of any claim or right of the other party, ali items of personal,
tansible and intnnsible property now or hllreaiter owned or held by her or him
with full power to dispose of the same effectively and for all purposes as if ehe
or he were unmarri!ld.
6. PAYMENT TO WIFE: As a means of distributing the property
interests of the parties not specifically addressed in this Agreement, Husband
agrees to pay Wife the sum of EIGHTY TWO THOUSAND SIX HUNDRED
SIXTY FOUR DOLLARS ($82,884.00) as follows: FIVE THOUSAND
DOLLARS ($5,000) paid prior to the date hereof, receipt of which is hereby
acknowledged, and SEVENTY SEVEN THOUSAND SIX HUNDRED SIXTY
FOUR DOLLARS ($77,864.00) within ninety (90) days of the date hereof. In
the event that the said sum is not paid in full within ninety (90) days of the
execution of this Agreement, the unpaid sum shall accrue interest from its date,
4
at the rate of eisht (8%) per cent per annum. Upon request of Wife, HUlband
Blre... to llxecutll a Note and MortSllio to sllcure hi. payment of thll above eum.
7. PENSION RIGHTS,
a. Husband agrees to assign to Wife thll llntlte present value of
hie Quakllr Oats Retirement Account and all benefits denvinr therefrom.
b. Thll partills agree to cooperate to obtain the dietribution of
Hueband's Quakllr Oats Retirement benllt1ts by entry of 8 Qualified Domeetic
R.Iatlons Order in the divorcll Ilction betwllen the parties.
c, The partills hllrllby 118ch waive any and all claims to, or
intlltllst in, any other pension rights or rlltlrement funds of the other party.
8. DEBTS OF THE PARTIES,
11. The parties certitY and acknowledre that they have at thie
time no joint debts or liabilities aside from any indebtedness related to the
marital residence.
b, The parties Ilgree that they will not in tho future contract or
incur any debt or liability for which the other party, his or her property or
estate, might be responsible and each furthllr agrees to indemnify and save
hannless the other party against any claims that may be asserted by anyone
Iliainst the other party by reason thereof.
"
5
9. NON.MERGER IN DIVORCE DECREEI The parties l1i1'ee that
in the event of absolute divorce between them, they shall nonethelefts continue
to be bound by all the terms of this Agreement, and neither this Agreement,
nor the terms hereot', shall be deemed to have been merged in any decree or
judplent granted in the divorce action, but shall survive and be forever binding
upon the parties.
10. EXECUTION OF DOCUMENTSI Each ot' the parties shall, from
time to time at the request of each other, execute, acknowledge and deliver to
the other party any and all further instruments that may reasonably be
required in order to give full force and effect to the provisions of this
Agreement.
11. COUNSEL FEESI Each party hereto Iigl'ees that he or she shall
individually be responsible for any and all counsel fees and expenses incurred
by him or her in connection with the preparation of this Agreement and the
divorce between the parties.
12. MUTUAL RELEASEI Except as provided for in this Agreement,
the parties hereby remise, release, quit-claim and forever discharge each other
and the estate of each other, for all time to come, and for all purposes
whatsoever, t'rom any and every claim, including alimony, alimony pendente
lite, spousal support, equitable distribution ot' marital property, counslll t'ees or
costs under the Divorce Reform Act, or otherwise, that they make or hereafter
6
make in and to or lliain8t ellQh other's estates or any parts thereof, whether by
! way or dower or curtelY, or under the intestate laws, or the right to take or
elect asainst the other's will, except only such rights all accrue pursuant to thi:a
Agreement.
13. NON.WAIVERI The failure of either party to insist in anyone or
more instances upon the strict performance of any of the terms hereof in this
Agreement shall not be construed as a waiver or relinquishment of such term
or terms in the future.
14. RECONCILIATIONI The parties agree that in the event of a
reconciliation between them, this Agreement shall continue in full force and
effect unless terminated by mutual written consent,
liS. BREACHI In the event that either party breaches any provision
of this Agreement, he or she shall be responsible for any and all costs incurred
to enforce the Agreement, including, but not limited to, court costs and counael
fees of the other party. In the event of breach, the other party shall have the
right, at his or her election, to sue for damases for such breach or to seek such
other and additional remedies as may be available to him or her, including
equitable enforcement of the .Agreement.
16. APPLICABLE LAW AND EXECUTION I The parties hGreto
llil'ee that this Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania, and shall bind the parties heret,o, and their
7
A, GAY WALKER,
Plaintiff
v.
IIN THE COURT OF COMMON PLBAS 0'
ICUMBERLAND COUNTY, PENNSYLVANIA
I
INO. 63~ CIVIL 1994
I
IIN DIVORCE
I
IVAN BLAIR WALKER,
Defendant.
ORDER
This Order ill intended to meet the requirements ot' a "qualilled domostic
relatllms order"lllI defined in Section 414(p) of the Internal Revenue Code of 1986
("Code") and Section 206(d) of ERISA,
It is hereby Ordered Il8 follows:
1. Definition..
(a) Thill Order relates to the Quaker Retirement Plan ("Plan"), a dollnod
benefit pension plan maintained by The Quaker Oats Company,
(b) The Participant In the Plan Is Ivan Blair Wulker ("Participant"), WhOl1l
IlllIt known address Is 126 West Pomfret Street, Clll'liIlle, PA, 17013, and whollll
Social Security number Is 190.32-4868, The Participant's date 'Ifblrth is 11/01/44,
(c) The Alternate Payee Is A, Gay Walker ("Alternate Payee"), who.1I IllIt
known address 11123 Walnut Street, Carlisle, PA 17013, and wholle 80lJlal SlIeurlty
number Is IH2-46-8855, The Alternate Payee's datil of bh'th is .JulIlI 4, 1044,
(d) "Enrlleat Retirement Age" mllanll thll earheat retiremllnt date
determined In accordance with Section 414(p)(4)(B) of the COdll, which, In thll CIlIII
of the Plan, means the date the Participant IlHalnll Ilge M.
(e) "Normal Retirement Date" has the IIllmo mellnlllJ( I1l1l1et forth In thl)
Plan,
(I) The Plan Administrator Is The Quaker Oatil ()ompIlIlY.
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2. Benefit AIIlped. The Court hereby 1IB1Iigns to thl,l Alternate Payee One
Hundred percent (100%) of the Participant'svellted IlCcruod benefit under the Plan
88 determined lIB of July 30, 1096. 'l'hl,l Participant'lI vllllted IlCcrued benefit is the
bllnefit payable to the Participant upon attainment of the Plan's Normal
Retirement Age in the form of a lIingle lifo annuity fOl' the lifll of the Participant.
The IlCtUal amount payable to tho Alternnto Payee shall be dotermined l1fter the
making of any adjustmentll required under the following provisionil of this Order.
3. CommencementlDuratlon. Payment ofthll Alternate Payee's benefit shall
be made or commence upon the Alternate Payee's request, however, in no event
IIhall payment begin before the Participant's Earliest Retirement Age. The
frequency and duration of payments shall be determined bllBed on the form of
paymllnt elected by the Altlll'nate Payee. Payments made pursuant to Paragraph
7(b) shall automatically cellBe upon the Altol'nate Payee's death.
4. ActuarlalAdJultmentl. The benefit assigned to the Alternate Payee under
Paragraph 2 shall be subject to actuarial adjuBtments for the difference in the
Participant's and Alternate Payee's ages and the commencement of the benefit
prior to the Participant'B Normal Retirement Date, if applicable. The adjustments
shall be lIB followB:
(a) AdJultment for Early Payment. If the Alternate Payee elects to
commence payment of the IIBsigned benefit prior to the Participant's Normal
Retirement Date, the benefits IIBsigned to the Alternate Payee shall be IlCtuarially
l'llduced to reflect the earlier commencement date. The l'educed benefit shall be
IlCtuarially equivalent (bllBed on the factors or bllBis set forth in the Plan) to the
IIBsigned benefit. Notwithst.anding the immediately preceding sentence, if the
Alternate Payee's IIBsigned benefit commences on or after a date as of which the
Participant commenced an early retirement benefit under the Plan, the acijustment
l'llquired under this subparagraph (a) shall be made in accordance with the early
commencement reduction ractors set forth in the Plan, rather than the fllCtors or
bllBis let forth in the Plan for detormining actuarial equivalence. Any acijustment
required under this subparagraph (a) shall be bllBed on the Participant's age at the
time payment of the Alternate Payee's benefit is to commence.
(b) AdJultment for Difference in Aiel. The benefit assigned to the
Alternate Payee Bhall be actuarially acijusted to reflect the difference in the ages of
the Participant and the Alternatl,l Payee. The actuarial adjustment shall be made
in accordance with the factors or basis set forth in the Plan for determining
actuarial equivalence and unlesB the Plan requires otherwise, shall be made after
any reduction required under subparagraph (a) above.
O. Form of Payment. 1'he Alternate Payoo muy elect to receive puyment of
the IlIlligned benefit (Ill adjuBted in accol'dance with Paragraph 4, If applicable) In
any form that is avallablu undur thu Pllln Ilt the time of commencement, except a
joint and survivor annuity with the Alternate Paylle'lI new IlpOUlle, If any. If the
Alternatu Payeeoloctll to ruceive pllyment in a form other than a Bingle lifo annuity,
an lUljustment to the bunollt will be made to rol1ect tho elected payment form.
Such adjustmunt Bhall be made in accordancu with the terms of the Plan and unluss
the Plan requires otherwiuo, ilhall be mado Ilftor 1111 reducLions required undor
Paragraph 4 above.
6. Effect of Alternate Payee'l Death on Payment.. Except to the extent
allowlld under the fOl'm of payment elocted by tho Alternllte Payee, the Alternate
Payee cannot designate a beneficilll'Y to recoive any benufits under the Plan after
the Alternate Payee's deuth. If the Alternate Payee's death occurs after
commencement of bonelits pursuant to this Order, the form of payment elected by
the Alternllte Payee shall determine whether any amounts are oWlld to any
beneficiary on account of the Altornate Payee's death. If the Alternate Payee's
death occurs prior to thl) commencement of benefitll tot he Alternatu payoe
pursuant to thill Ordor, the Altol'nate Payee's interest shall be forfllited.
7. Effect of Participant Predecealini Alternate Payee.
(a) Death After Commencement of Benefltl. If the Participant's
death occurs after commencement of benefits to the Altornate Payee pursuant to
this Order, the BBsignment of benefits to the Alternate Payee shall not be reduced,
abated, or terminated as a result of the doath of the Participant. Upon the
Participant's death, tho Alternate Payee will not be entitled to any survivor
benefits attributable to benoflts of the Participant that were not BBsigned to the
Alternate Payee, unless the Participant designated the Alternate Puyee lIB a
beneficlory in /lccordanco with the terms of the Plan.
(b) Death Prior to commencement of Benefltl. If the Participant's
death occurs prior to commencement of benefits to the Alternate Payee pursuant
to this Order, the Alternatll Payee shall be troated 88 the Participant's surviving
spouse, ond the only benefit payable to the Alternate Payee pursuant to this Order
shall be a preretiremllnt survivor annuity. Tho preretirement survivor annuity
shall commence upon the request of the Alternate Payoe but in no event prior to
what would have been the Participant's Earliost Retirement Date, and shall r:ellBe
upon tho death of the Alternate Payee. The amount payable to the Alternate Puyee
shall be determined in accordance with the Plan, but taking into account only the
percuntagll of the Participant's accrued benefit Il8signed under Paragraph 2.
8. Qualified Domeltlc Relationl Order. The Participant, Alternate Payee
and thu Court Intend this Ordor to be a qUlllll1ed domestic relations order within
the meaning of Section 414(p) of the Code and Section 206(d) of ERISA.
ACcol'dingly, this Ordlll' shall not requiro the Plan to provide under any
circumstances: (I) any type or form of benefit, or any benofit option, not otherwille
provided under the Plan; (Ii) incrollBod benefits (determined on the basis of
actuarial value); or (Iii) benefits that are required to be paid to another alternatll
payee under another order previously determined to be a qualified domestic
relations order.
9. Jurl.dlctlon. In the event this Ordor is found by theadminiBtrator of the
Plan not to be a qualified domestic relations order, the Court shall retain
jurisdiction to modifY the Ordor lIB necessary for the administrator to accept the
Order and pay benefits In accordance with its provisions.
10. No Other Interelt.. The IIBsignment made by thiil Order shall be
permanent. On and after the date of this Order, the Participant shall have no
further right or interest int he portion of the Participant's IlCcrued benefit which
is hereby assllfl10d to the Alternate Payee and the Alternate Payee shall have no
right or interest in the portion of the Participant's accrulld benefit that is not
assigned to the Alternate Payoo pursuant to Paragraph 2 above. Nothing in this
Order shall restrict the Participant's ability to obtain a distribution under the Plan
or designate a benllficlary under the Plan, with respect to the portion of thll
Participant'illlCcrued benefit not assigned to the Alternate Payee.
11. Taxation. The Alternate Payee shall be responsible for the payment of all
taxes due on amounts paid to the Alternate Puyeo. The Plan Administrator and
truBtee of the Plan are hereby authorized to withhold tax as requlrud under law
and to report any such with holdings and taxablo Incomo to the taxing authorities.
Judge
,,'
Date Entered
,
, I,
2, Benefit Alllped. 'rho Court heroby Wlllignil to tho Alternate Payee One
Hundred percont (100%) ot'tho Participllnt's Vllllted accrued benel1t under tho Plan
88 dlltermined WI 01' July :JO, 1006, 'rho Participant's vested accruod benunt is the
benefit payablu tll the Pal'ticlpant upun attainmllnt ell' tho Plan's Normal
Retirement Ago in the I'e)l'm 01' II. single lifll annuity for thu lil'lI of thu Partlc:ipant.
The "ctual wnount pllyuble to tho Altel'nato Payeo shull be determined after the
milking of uny udjustments roquired under the following provillionll of this Order.
3. CommencementlUuration. Payment oCthe Altorllate Payee' II benefit shall
be made or commence upon the Alternate Pllyee'B request, howevel', in nr> tlvent
shall payment begin before the Po.rticipant's Earliest Retirement Age. 'fho
I'ruquency and duration of payments shall be detorminlld bWllld on the form of
payment elected by tho Alternato Payoe. Payments made pursuant to Paragraph
7(b) shall automatically cease upon the Alternate PaYlle's death.
4. Actuarial AdJustments. 'l'hu benefit IIBsigned to the Alternate Payee undol'
Paragraph 2 shall be subject to actuariul adjustmonts for the difference in the
Participant's und Alternate Payee's ages und the commencement of the benefit
prior to the Participant's NOI'mal Retirement Date, if applicable. The adjustments
shall be as follows:
(a) Adjustment for Early Payment. If thll Alternutll Payee elects to
commence payment 01' the Ilssigned benefit prior to tho Participant's Normal
Retirement Dato, the benefits assigned to the Alternate Payee shall be actuarially
reducod to reflect the ellrlior commenCllment dato. The reduced benefit shall be
actlJarially equivalent (based on the factors or basis set forth in the Plan) to the
Il$signed benefit, Notwithstanding the immediately preceding sentence, if the
Alternate Payee's assigned benefit commences on or after a date Il$ of which the
Participant commenced an early retirement benefit under the Plun, the adjustment
required under this subparagraph (a) shall be madll in Ilccordunce with the early
commencement reduction factors set forth in the Plan, rather than the factors or
bllBis set forth in the Plan for detormining actuarial equivalence. Any adjustment
required under this SUbplll'a.graph (a) shull be bllBed on the P'lrticipant's age at the
time payment of the Alternate Payee's benefit is to commonce.
(b) Adjustment for Difference in Age.. The benefit IIBsigned to the
Alternate Payee shall be Ilctullxially adjusted to rel1ect the difference in the ages of
the Participant and the Alternate Payee. The actuarial adjustment shall be made
in accordunce with the factors or basis set forth in the Plun for determining
actuarial equivalence and unless the Plan requires otherwise, shall be made after
any rllduction required under subparagraph (a) above.
"
O. Form of Payment. The Alternatll Payoe may lllect to receive payment of
the IIBsigned benefit (ua I.ldjusted in accordance with Paragraph 4, if applicable) in
any form that is I1vuilllblu under the Plan at the time of commencement, except a
joint and survivor annuity with tho Alternate Payee's new spouse, if any. If the
Alternll.te Payoelllects to rllceive payment in a form other than a single life annuity,
an adjustmant to the benefit will be made to reflect the elected payment form,
Such adjustment shall be made in accordance with the terms of the Plan and unleBs
the Plan requires otherwise, ehuil be made after all reductions required undel'
Paragraph 4 ubove,
6. Effect of Alternate Payee'. Death on Payment.. Except to the extent
allowlld undur the fOl'm of pllymont electod by the Alternate Payee, the Alternate
Payee cannot designate a beneficiary to rllcoive any benefits under the Plan after
the Altel'nate Payee's dOllth. If tho Alternate payee'e death occurs after
COmmllnCriment of benllllts pureuunt to this Order, the form of payment elected by
the Alternate Payee ~hull determine whether uny amounts are oWlld to any
bcneficilll'Y on uccount of the Alternute Payeo's death, If the Alternate Payee's
death occurs prior to the conllnenCllment of benefits tot he Altornate payee
pursuant to this Ol'del', the Altornute Payee's interest shall be forfeited.
7. Effect of Participant Predecea.inlf Alternate Payee.
(a) Death After Commencement of Ben",m.. If the Participant's
death occurs after commoncement of benefits to the Alternate Payee pursuant to
this Order, tho assignment ofhenefits to the Alternate Payee shall not be reduced,
abated, or terminated as u rosult of the deuth of the Participant. Upon t.he
Participant's death, the Alternate Payee will not be entitled to any survivor
benefits attributable to benefits of the Participant that were not assigned tll the
Alternate Payee, unless the Participant designated the Alternate Payee lIB a
beneficiary in uccordance with the terms of the Plan.
(b) Death PriOlO to commencement of Benefit.. If the Participant's
death occurs prior to commencemellt of benefits to the Alternate Payee pursuant
to this Grdel', the Alternute Payee shall he treated lIB the Participant's surviving
spouse, and the only benefit payable to the Alternate Payee pursuant to this Order
shall be a preretirement SUrviVOl' annuity. The preretirement survivor annuity
shall commence upon the request of the Alternate Payee but in no event prior to
what would have been the Participant's Earlie~t Retirement Date, and shall cellBe
upon the doath of the Altornlite Payee. The amount payable to the Alternate Payee
shall be determined in accordance with tho Plan, but taking into account only the
percentage of tho Participunt's accrued benefit IIBsigned under Paragraph 2.
.
8. Qualified Dome.tlc Relation. Order. The Participant, Alternate P~ee
lIJld the Court intend this Order to be a qualified domestic relations order within
the meaning of Section 414(p) qf the Code and Section 206(d) of ERISA,
Accordingly, this Order shall not require the Plan to prqvide under any
circumstllJlces: (i) any typll or form of benefit, or any benefit option, not otherwise
provided under the Plan; <II) increllBed benefits (determined on the buis of
actuarial value), or Wi) benefits that are rllquired to be paid to another alternate
payee under another order previously determined to be a qualified doptestic
relations order.
9, Jurildlctlon. In the event this Order is found by the administrator of the
Plan not to be a qualifled domostic relations order, the Court shall retain
jurisdiction to modify the Order 88 necessary for the adminilltrator to accept thll
Order and pay benefits in accordance with its provisions.
10. No Other Interelt.. The I\Ssignment made by this Order shall be
permanent. On and after the date of this Order, the Participant shall have no
furthor right or interest int ho portion of the Participant's BCcrulld benefit which
ill hereby IIBsignod to the Alternate Payee and the Alternate Payee shall have no
right or interest in the portion of the Participant's accrued benefit that is not
88signed to the Alternato Payee pursuant to Paragraph 2 above. Nothing in this
Order shall restrict the Plll'ticipant's flbility to obtain a distribution under the Plan
or designate a beneficiary under the Plan, with respect to the portion of the
Participant's accrued bllnefit not assigned to the Alternate Payee.
11. Taxation. 'rhe Alternate Payee shall he responsible for the payment of all
taxes due on amounts paid to the Alternate Payee. Thll Plan Administrator and
trustee of the Plan are hereby authorized to withhold tax lIB required under law
and to report any such withholdings and taxable income to the taxing authorities.
Judge
Date Entered
"
, ,
"
2, Beneflt A...liIled. Tho Court horeby ussi/iIls to the Alternate Payee One
Hundred pel'cent (100%) of the Purticipant'li vlllited accrued bllnefit undor the Plan
IlB determined us of July 30, 1996. 'l'he Participant's vestlld accrued benefit ili the
benefit puyable to the Participunt upon attainmont of the Plan's Normal
Retirement Age in tho form of 11 single life anlluity for the life of the PllI'ticipant,
The actual amount pllyablll to the Altllrnutu Payel! shall be determined after the
making of any acijustmentil roquired under the following provisionil of this Order,
3. CommencementlDuratlon. Pllymllnt of the Alternate Payee's beneilt shall
be made or commonce upon tho Alternate Payee's request, however, in no event
shall payment begin beforo the Purticipant's Earliest Retirement Age, The
frequency and duration of payments shall bu determined bused on the form of
payment elected by the Alternate Payee. Payments made pursuant to Paragraph
7(b) shall automaticlllly Cllllse upon the Alternate Payee's death.
4, Actuarial AdJultmentl. The bencfit uasigned to the Altornate Payee under
Paragraph 2 shall bo lluhject to actuarial adjulltments for the difference in the
Participant's and Altcrnate Puyee's agcs and the commencement of the boneflt
prior to the Participant's Normal Retirement Date, if applicuble. The adjulitments
shall be as follows:
(a) AdJultment for Early Payment. If the Alternate Payee elects to
commence payment of tho assigned benefit prior to the Participant'a Normal
Retirement Date, the benelita assigned to the Altornate Payee shall be actuarially
reduced to reflect tho earlier commoncement date. The reduced benel1t shall be
actuarially equivalent (based on the factors or bllBis set forth in the Plan) to the
asslgnod benefit. Notwithstanding the immcdiately preceding sentenco, if the
Alternate Payee's IIBsigned bonefit commences on or after 11 date lIB of which the
Participant commenced an early retirement benefit under the Plan, the adjulltment
required under this llubparagraph (al shail be made in accordance with the early
commencement reduction factors sot forth in the Plan, rather than the factors or
basis set forth in the Pllln for determining uctuurial equivalence. Any adjustment
required under this subpuragruph (u) shall be bllBed on the Participant's age ut the
time payment of the Alternate Payoo's bcneflt is to commenco,
(b) AdJultment for Difference in Agel. Thll benefit IIBsigned to the
Alternate Payee shall be actullrially adjusted to reflect the difference in the ages of
the Participant and the Alternute PaYlle. The I1ctuariallllljustment shall be made
In accordance with the. I'llctors or basis set forth In the Plan for dutermining
actuarial equivalence and unless the Plan requires otherwise, shBll be made after
any reduction required under subparagraph (11) above,
IS. Form of Payment. 'I'ho Altornllta PllYOO ll111Y elect to rocoive payment of
tho lUl~illl1ed benem (liS udjusted in Ilccordunco with PllrBgl'aph 4, if applicuhle) in
Imy form that is availuble ulldor the Plun ut the time of commencement, except a
joint and survivor annuity with the Altornuto Payee's new spouse, if any. If thll
Altllrnate Payoe eloctll to l'ocl1ivo pllymant In a form othel' than a single life annuity,
un luljustmont to tho benolit will be mude to refloct the elected payment form,
Such adjustment shllll be modo in accordance with the terms ol'thll Plan and unless
the Plan requires otherwise, shull bo made after all reductions roquired under
PlU'agrnph 4 ubove.
6, Effect of Alternate Payee's Death on Paymentll. Except to the extent
Illlowed undel' the 1'01'01 of payment electod by the Alternute Payee, the Altel'nate
Payell cannot designate a benoficiary to receivlI Ilny benefits under the Plan after
the Altornate Payoe's deuth, If the Alternate Puyell's death occurs aftllr
commencemllnt of benetits pursuant to this Ordel', the forlU of payment elected by
the Alternllte Payee shall detel'mine whether any amounts lU'e owed to any
beneticlal'Y on account of the Altol'llute Puyee's doath. If the Alternato Payee's
death occurs prior to the commencement of benefits tot he Alternate payee
pUl'llUallt tel this Ordor, the Altol'llate Payee's interest shllll be fOl'feited.
7. Effect of Participant Predeceasing Alternate Payee.
(u) Death Atter Commencement of Benefits. If the Participant's
death occurs ufter conunoncement of benefits to the Alternate Payee pursuant to
this Order, the ussignment of benefits to the Alternate Payee shull not be reduced,
abated, or tel'minuted as a result of tho death of the Participant, Upon the
PlU'ticipant's death, the Alternate Payee will not be entitled to any SUrvivOl'
benefits attl'ibutablo to benefits of the Participant that were not IlSsigned to tho
Alternate Payee, unless tho PlU'ticipant designated the Alternate Payee as a
beneticiary in accordance with the terms of the Plan.
(b) Death Prior to commencement of Benefitll. If tn-e Participant's
death OCCUl'S prior to commencement of benefits to the Altornate Puyee pursuunt
to this Ordel', the Altol'llutc Payeo shall be treated as the Participunt's surviving
spouse, und the only benetit payuble to the Altornute Puyee pursuant to this Order
shall be u prel'etirement survivoI' annuity. 'l'he preretirllment survivor annuity
shall comnlence upon the request of the Alternate Puyee but in no event prior to
what would have been the Participant's Earliest Retirement Date, and shllll cel1.Be
upon the death of the Alternute Payee, The nmoU\lt payable to the Alternute Payee
shall be determined in uccordunce with the Plan, but taking into uccount only the
percentage of the PUl't.icipant's accrued benefit ussigned undor Paragraph 2.
"
8. Qualified Domeltic Relationl Order. 'rhe Participant, Altemate Payee
and thl;l Court intend this Order to be a qualified domestic relations ordsr within
the meaning of Section 414(p) of the Code and Section 206(d) of ERISA,
Accordingly, this Ordllr shall not require the Plan to provide under any
circumstances: (I) any type or form of benel1t, or any benefit option, not otherwile
provided under thl;l Plan; (il) increllBed benefits (dlltermined on the blllil of
IlCtuarial value); or (Hi) benllfits that arll required to be paid to another alternate
payee under another order previously dotormlned to be a qualified domestic
relations order,
9, Jurlldlotion. In thllllvent this Order is found by the administrator ot' the
Plan not to be a qualHied domestic relations order, the Court shall retain
jurisdiction to modifY the Order lIB necessary for the administrator to accept the
Order and pay benefits in accordance with its provisions,
10. No OtheA' Intereatl. The assignment made by this Order llhall be
permanent. On and after the date of this Order, the Participant shall have no
further right or interlJst int he portion of the Participant's accl'Ued benefit which
is hereby IIBsigned to the Alternate Payee and the Alternate Payee shall have no
right or interetlt in thll portion of the Participant's accrued benefit that is not
IIBsigned to the Alternate Payee pursuant to Paragraph 2 above. Not.hing in this
Order shall restrict the Participant's ability to obtain a distribution undor the Plan
or designate a boneficillry under the Plan, with respect to the portion of the
Participant's accrued benefit not assigned to the Alternate Payee.
11. Taxation. The Alternate Payee shall be responsible for the payment of aU
taxes due on amounts paid to the Alternate Payee. The Plan Administrator and
trustee of the Plan are hllreby authorized to withhold tax as required under law
and to report any such withholdings and taxable income to the taxing authorities,
Judge
Date Entered
,
,
A.. GAY WALKER,
Plaintiff
v.
IIN THE COURT OF COMMON PLEAS or
ICUMBERLAND COUNTY, PENNSYLVANIA
I
INO. 68~ CIVIL 1994
I
IIN DIVORCE
I
IVAN BLAIR WALKER,
Defendant.
ORDER
This Order is intended to meet the requiruments of a "qualified domestic
relations order" as defined in Section 414(p) of the Internal Revenue Code of 1986
("Code") and Section 206(d) of ERISA.
It is hereby Ordored as follows:
1. Definition..
(a) This Order relates to the Quaker Retirement Plan ("Plan"), a defined
benefit pension plan maintained by The Quaker Oats Company.
(b) The Participant in the Plan is Ivan Blair Walker ("Participant"), wholle
lut known address Is 126 West Pomfret Street, Carlisle, PA, 17013, and whose
Social Security number is 190.32-4868. 1'he Participant's date of birth ill 11/01/44.
(c) Thll Alternate Payee Is A. Gay Walker ("Alternate Payee"), whose last
known address is 23 Walnut Street, Carlillle, PA 17013, and whose Social Security
number is 012.46.881l15. The Alternate Payee's datu of birth is June 4, 1944.
(d) "Earliest Retirement Age" means the earliest rotirement date
determined in IlCcordance with Section 414(p)(4)(B) of the Code, which, in the case
of the Plan, means the date the Participant attains age 00,
(e) "Normal Retirement Dat,e" has the same meaning III set forth In the
Plan.
(f) The Plan Administrator Is The Quakur Oats Company.
2. Benefit Aulped. 1'he Court heroby Ilisigns to the Altornato Payee One
Hundred percent (100%) ol'the PaJ'ticipant's vested accrued benefit under the Plan
Ili determined 88 of July 30, 1096. The Participant'il vested IlCcrued benefit is the
bone fit payable to tho Participant upon llttainmllnt of the Plan's Normal
Retirenlent A(e in the form of allingle life annuity for the life of thl,l Participant,
Tho IlCtUal amount payablll to thll Alternate Payee Ilhall be determined after the
making of any wljustmentll required under the following provisions of thill Order.
3. CommencllmentlDurath)D. Payment ofthe Alternate Payeo's benefit shall
be made or commence upon the Altllrnate Payee's roquIlst, however, in no event
shall payment begin bofore the Participant's Earliest Retirement Age. The
frequency and duration of payments shall be determinod based on the form of
payment elected by the Alternate Payee, Payments made pursuant to Pll1.'agraph
7(b) shall automatically cellBo upon the Alternate PaYlle's death.
4, Actuarial AdJultmentl. The benefit assigned to the Altornate Payee under
Paragraph 2 shall bl1 subject to actuarial acijustments for the differunce in the
Participant's and Alternate Payee's ages and the commencement of the benefit
prior to the Participant's Normal Rotiroment Date, ifapplicuble. The adjustments
shall be as follows:
(a) Acijultment for Early Payment. If the Altllrnate Payue elects to
commence payment of the assigned benefit prior to thu Participant's Normal
Retirement Date, the benefits assigned to the Alternate Payee shall be IlCtuarially
reduced to reflect the earlier commencement dato, The reduced benefit shall be
actuariaUy equivalent (bllBed on the factors or buis set forth In the Plan) to the
Ilisigned benefit. Notwithstanding tho immediately preceding sentence. if the
Alternate Payee's assigned benefit commences on or after a date lIB of which the
Participant commenced an early retiremont benefit ulAder the Plan, the adjustment,
required under this subparagraph (a) shall be made In accordance with the early
commencement reduction factors set forth in the Plan, rather than the fllCtors or
buis set forth in the Plan for determining actuarial equivalence, Any wljustment
required under this subparagraph (a) shall be bllBed on the Participant's age at the
time payment of the Alternatll Payee's benufit is to commence,
(b) AdJultment for Difference In Aiel. The benefit IIBsigned to the
Alternate Payee shall be actuarially adjusted to reflect the difference in the ages of
the Participant and the Alternate Payee, The actuarial adjustment shall be made
in accordance with the factors or bllBis set forth in the Plan for determining
actuarial equivalence and unless the Plan requires otherwise, shall be made after
any reduction required under subparagraph (a) above.
O. Form 01 Payment. 1'he Alternate Payee may elect to recoive payment of
the Ilisigned benefit (all adjusted in IlCcordancll with Paragraph 4, if applicable) in
any form that is available under the Flauat the timo of commencement, except Q
joint and survivor annuity with thll Alternate Payee's new IIpOUlle, If any. If the
Alternate Payee elects to recelvll payment In a. form other than a. single life annuity,
an adJulltment to the benefit will be made to reflect the elllcted payment form,
Such adjulltment IIhall be made in IlCcordance with the terms of the Plan and unless
the Plan requires othllrwise, shall be made aftllr all reductions required under
Parlljp'aph 4 above,
6, Effect 01 Alternate Payee'l Death on Paymentl. Except to the extent
allowed under the form of payment elected by the Alternate Payee, the Alternate
Paylle cannot designate a beneficiary to receive any benefits under the Plan after
the Alternate Payeo's death. If the Alternate Payee's death occurs after
commencement of benefits purlluant to this Order, thll form of payment elected by
the Alternate Payee uhall determinll whether any amounts are owed to any
beneficiary on IlCcount of the Alternate Payee's death. If the Alternate Payee's
death occurs prior to the commencemlmt of bonetlts tot he Alternate payee
pursuant to this Order, the Alternate Payee's Interest shall be forfeited.
7. Effect of Participant PredeceBlini Alternate Payee.
(a) Death Alter Commencement of Benefltl. If the Participant's
dfilath occurs after commencement of benefits to the Alternate Payell pursuant to
this Order, the IIBsignment ofbenllfits to the Alternate Payee shall not be reduced,
abated, or terminated 8lI a result of the death of the Participant, Upon the
Participant's death, the Alternate Payee will not be entitled to any survivor
benefits attributable to benefits of the Participant that Wllre not IlBslgned to the
Alternate Payee, unless the Participant designated the Alternate Payee IlB a
beneficilU'y in IlCcordanlle with the terms of the Plan.
(b) Death Prior to commencement of Benefitl. If the Participant's
death occurs prior to commencement of benefits to the Alternate Payee pursuant
to this Order, the Alternate Payee shall be treatlld lIB the Participant's surviving
IIPOUBO, and the only benefit payable to the Alternate Payee pursuant to this Order
shall be a preretirement survivor annuity. The preretirement survivor annuity
shall commence upon thll request of the Alternate Payee but in no event prior to
what would have been the Participant's Earliest Retirement Date, and shall CllllBe
upon the death of the Alternate Payee, The amount payable to the Alternate Payee
shall be determined In accordance with the Plan, but taking Into account only the
percentage of the Participant's accrued benefit assigned under Paragraph 2.
8, Qualified Dometltlc Relation. Order. The Participant, Altllrnate Payee
and the Court intend this Order to bll a qualU1ed domllstlc relations order within
thlJ meaning of Section 414(p) of the Code and Section 206(d) of ERISA,
Accordingly, thil Order shall not require the Plan to provide under any
circumstancel: (i) any type or form of benefit, or any benefit option, not otherwise
provided under the Plan; (ii) increlLBed benefits (determined on the bul. of
actuarial value); or (ill) benetlts thllt are required to be paid to another alternate
payee under another order previously determined to be a qualified domestic
relations order.
9, Jurlldictlon. In the event thill Order is found by the administrator of the
Plan not to be a qualified domeBtic relations order, thll Court shall retain
jurisdiction to modifY the Order lIB necessary for the administrator to IlCcept the
Order and I'ay benetltB in IlCcordance with its provisions,
10. No Other Interelt.. The IIBslgnment made by this Order ,hall be
permanent. On and after the date of this Ordllr, the Participant IIhall have no
further right or Interest Int he portion of the Participant'illlCcrued benefit which
Is hereby Ilisigned to the Alternate Payee and the Alternate Payee shall have no
right or interest in the portion of thll Particlpant'B accrued benetlt that is not
uligned to the Alternate Pay(Je pursuant to Paragraph 2 above. Nothing in this
Order shall restrict the Participant's ability to obtain a distribution under the Plan
or delignate a beneficiary under the Plan, with respect to the portion of the
Participant's IlCcrued benetlt not allBignod to the Alternate Payell,
11. TIlDtlon. The Alternatll Payee shall bll responsible for the payment of all
taxes due on amounts paid to the Alternate Payee. The Plan Administrator and
trultee of the Plan are hereby authorized to withhold tax as required undor law
and to report any such withholdlngs and taxable Income to the taxing authorities,
It .
Judge
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