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Home My WebLink About94-01420 I" () 'I" 'I " I' ., ,I ,; , , 'I , " I , , " Ii " ,,', ~\ )'" . " ,I ,I , , ,I , " 'I , " '\ ,i,) _jl 'I , I' ,'I ',I, 1 I , , "I " " 'I" 'I ;11 I.', n , ,,', ,\ 'I , " 'i 1\ 111( :,!'/; j'l' " ,.,' 'il} , " / ,\ II ,,' " ,\1' " 'I ' i'~1 ',: \1".1 ,'.,t' l!; \IY'j \.. I!\' ~~( ,"',\ ;',1;, .';',\,. ,,,,I, ,\;'i :n, , .' " , , ,i' " , ' , I, 11\ 1'1 " 'i,' \ \ c ~ ~ ....... , '" ii' ;,1 " , " ' " , \ ,I ',' Ii ,," , " . I, , , " , , . DORIS V. BREHM, Plaintiff v. r IN THE COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENN5YINANIA r CIVIl, ACTION - LAW I 91./II){) I NO. CIVIL 199. I I IN DIVORCE DONALD R. BREHM, Defendant COMPLAINT COUNT I DIVORCE 1 . Plaintiff in this Action in Divorce is DORIS V. BREHM, an adult individual who resides at 100 B street, Plainfield, Cumberland County, Pennsylvania 17081. 2 . Defendant is DONALD R. BREHM, an adult individual and citizen of the United states of America who resides at 100 B street, Plainfield, cumberland County, Pennsylvania 17081. 3 . Defendant has been a bona fide resident of cumberland county, Pennsylvania, for more than six months previously to the filing of this complaint and continuing to the commencement of this Action in Divorce. II, " 4 . Plaintiff and Defendant were lawfully joined in marriage on February 28, 1968, in Baltimore, Maryland. I I 5. The parties have been living separate and apart sinoe March W^YNI~ F, SIl^IlJ~ 19, 1994. ^"lIm'~ .t '.tw .\ ~IIUth ...tWln Klrrrl ('p,IIII\!, l~t\n~~I~Dnh' 17111.1 1" i ~ : , 13. plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties to partioipate in counseling. 14. plaintiff and Defendant possess various items of marital property which are subject to equitable distr.ibution by the Court. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 15. The averments of Paragraphs 1 through 14 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNT III ALIMONY AND ALIMONY PENDENTE LITE 16. The averments of Paragraphs 1 through 14 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay to Plaintiff alimony and alimony pendente lite. W^YNIi F, SU^JlIi Auomry Itl.llw ~ Kuuth Hanuvn .!Urtl'l "1,lIllf, rmn.~IVllnill l'llllt -3- " " \ 1,1 j,i , ' , " " "", 'I'", .;, . "",.',:,ij!ll;,..\iI\iOll'''i;;,,,,,,,,,.';\\.'lili~l1i'':' 1 ' ' , 1Ii"""I'I,,~,",,""r"""'''''' ,.'""\"',..~"',..~ ' I " , Ii' .Vi'!! \"'11 ,u!:' 1\1$,(:' ~\il'i'::'" Q\\~} i ,I IJ\/~':""'\-"'I" " ,,1,1/1 ' '\fi:\i~.f("I" '~'1: i;;' :>iI', 'I 1 pipl ~~lltl\iJ':', , IIIMl"""''' I Xl ,oJ")\ \ - \. 1'1\\t\l\,.1 ,I l~lS,j\;Ir\~~::j/li))~'t,..,,;I,I, \~~~~ lJ~~~~i -~\~'~\\;,,:, -,' .rj'~'~\;i:,\:;':>':::\Y :;,'1 '" 'fl)):1 ,J.'/.'.\:',,\i!;\' ,>' I' }" 'I ,'~) ~. ",'I:' \ ,:'\',\\(hlJ\"I.'li~" > {'I 1'11':",;1\'''\''''\ ' '11'.'''' ','i"'-,'I :F,,-r\!.w-:~,:l: y , 1111\'-'\1';1' 'I"\-.d ", .' ,l",.I\'\'II".l\li ,,' ""\,,,";"\\'tI ' ::rl~',,\ i\I'~\ 1\ ,Il!',.,'.!, \ JIIL<iI'\I.,lro\-_OI )~\:';I:i ",I, I ' _ )}\~"" I \1 }.l''\\\;'.1\t\ :::V;':{-~\\,' ,:' _:'>:'1.:",;,1 "1\ 'I' 1'/,1,,1" , " '\ _111'"-,,,- 1)1:,.,',","11 "'\,._(1\"";\: i ~;\;n~:\ !1,L;i,>_ \ '!,m' ,\ II' i,,:l :.1".': 'I '_i,I,' ~_~:i'.V'i'I\"" ~\,\-}\", \:,:<1)/\"01 '\"H\jll\_'I'.'I', ;1':-.,\,..", it'\\-li'II',': ',', t\,~,,:':in',/:i,;',',j, ii'\,J.\il'" ' . '--, t" ,',' ",1 -," "llltl:l " ',1' (j) , 01 ",'It' , " ,I" 1'aa13 I ' IllU, ,OffiCE Of Till, l'I(.j\\IUMOI~hl CU148EIlIMIO IlO$Mll PElIlI"l\.'/t.MI~ :\ ,.,'! ~ \ 15, 50 P'~o."".~ 5,00 So,;''\', l. \ {to, 50P<} ~ :\' , ",1,' ,I " 15,00 ,5,00 eJ '0,00 ------ ." 9 'dS, 50 pJ p,\\-r , ' , , " ,I '" , , 'Ii II '.\', I I' \\} "1,\,:\ ,Iii 'l ,I: , , ' CJ..I.. tJ ~ 15 ~j,I 'l~L4- \ , ' , , , /,.,." ...-" "\'~\.vr~~\~" " ';\' ., I, , I" ' 'I "1 ' q , I , , '11 " ,I I I I. ,I I , I I;, " ,', I \, J" I " , , , .'f " I I , , , , ' , , ~ , ~ I.~ ii ~~ , Ii , , ::3 Jd~ +~ f~ II ~ j1J HI ~~ , 11m ' , >~ ~ Plg , ! ~j ~ ~ t:l ~ l ~~ ....-- -- -- , , , \ , ! 'I , ' , , , , , ' , , . .. DORIS V. BREIIM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. CIVIL 1994 DONALD R. BREHM, Defendant IN DIVORCE PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION TO THE HONORABLE, THE JUDGES OF SAID COURT I AND NOW, oomes Plaintiff DORIS V. BREHM, by her attorney, Wayne F. Shade, Esquire, and moves your Honorable Court for issuance of a Preliminary Injunction against Defendant DONALD R. BREHM pursuant to Pa. R.C.P. Nos. 1531 and 1920.43, as followSI 1. On or about March 23, 1994, Plaintiff filed a complaint in Divorce against Defendant alleging indignities and irretrievable breakdown as the alternative grounds. 2. The parties have been married for twenty-six years. 3. The marital real estate has been heavily encumbered to facilitate Husband's establishment of a beef barbecue business. 4 . Defendant had been employed with PPG Industries, Inc. for more than twenty years until March of 1994. 5. The most substantial marital asset is Defendant's employee benefit accounts at PPG Industries, Inc. WAYNI', F, SHAlli', ^lh'lIlr~ Illnw ~ SlItllh llDlIll~l'l !'iIH'd ('iuUdr, lIL'IIIll~I~al\tll 171l\,1 6. Plaintiff believes and therefore avers that Defendant has just been terminated from his employment at PPG Industries, Ino. for the reason that he was making numerous and extensive long distanoe telephone calls to his paramour from the offiues of PPG Industries, Inc. during his work time. 7. In view of Defendant's admitted relationship with another woman, Plaintiff is concerned that he will attempt to liquidate his employee benefit accounts through the projudice of Plaintiff and leave her with nothing to show for twenty-six years of marriage. 8. Because of the highly liquid nature of these assets, particularly any employee savings or stock plans, Plaintiff avers that an injunction is necessary to prevent disposition of such property prior to the issuance of a decree in equitable distribution. 9 . Plaintiff avers that she does not possess or control SUfficient marital property in order to leave her with any means to recover her share of marital property in equitable distribution if Defendant Were to dispose of any of his holdings at PPG Indu$tries, Inc. W^YNI', F, SH^1l1' ^Ih)ll\r~ mll_IlW \ MUllah U/lIIIJ~n 1'I1t~','1 l'IUh.hl, 1'\'1U\1~1\'11l\1l1 I'/UI.\ -2- I' , " & p, ua ill/II. ue R.c.lpt for C.,.lfl.d Mill No In,"ronco Covl/.g. P,ov14.4 Do nOI u.. 'or In'l/n.llon.1 1'.1.11 IS.. ROllo,..1 " I .' Pl)~"\lrt . 75 1. 00 " (1IIt,fm,!I,'" 51J1!rt,1 I),'I<\,ly filII "ll~tr'lll"1 Otl"","r~ '111/ 2,50 1.00 i' ~ 8l ~ . - ! If '. 5.25 flIIIW!l fh'n'lJl !i1\J)~'1\11 hl Whw" 0\ O,lh' f)1I(1~.!1I11 , , ;.,1 " ill 'I " , 1""ONIIt'. IICHt." .' 1,1 ~~R 11 II u. PK I~~ " ,l)i I lll~ 1_ I l'l.llll r I' II ~ ' ,\1 I .', ',q,y ,.,,11 , I It '\ Y ':1\'/1""" " ~ ttJ ',OD fJd, ~, rA/rA.tU.. ~ cr~ *0"l5" R c p~ ~ 81 f 1 Dor is V. Brehm VB Donald II. Brehm In The Court of Common Pleas of cumberland County, Pennsylvania No. 94-l420 civil Notice to Defend Bnd Claim Rights/ Complaint in Divorce, Order of Court & Plaintiff's Motion for Preliminary Injunction COMMONWE:Alml OF PE:NNBYI.vANIAI COUNTY 01" CUMB~RI,AND R. Thomas Kline, Sher.iff, who being duly sworn according to law, says that he made diligent search and inquiry for the within named defendant, to witl Donald R. Brehm, but was unable to locate him in his bailiwick. He therefore returns the within Notice to Defend and Claim Right., Complaint in Divorce, Order of Court & Plaintiff's Motion for Preliminary Injunction, as "NOT FOUND," as to the within named defendant, Donald R. llrehm. Wesley Cook, Deputy Sheriff, who being duly sworn according to law, SIlYS that on Mar.ch 25, 1994 at 3105 o'clock P.M., B.S.T./ he aerved a true copy of the within Order of Court and Plaintiff's Motion for Preliminary Injunction, in tho above entitled action, upon the within named defendant, to witl PPO Industriea, by making known unto Peter Garber, Director of Human Resources, a tpark Dr lve, Carl is Ie, Cumberland County, Pennsylvania, its contents and at tbe same time handing to him personally the said true and attested copy of the same. Sheriff's CostSI Doc ke tin g Service Surcharge 18.00 3.36 4.00 25.36 Pd. by Atty. 3-211-94 So /I,rlswera I .-.,.,....r:2.,~.'" ~. l' .~.~::.....,',..-...,'<.'"g~ R. Thoman Kl e, Sheriff BY Jt)1{(t ~A" Depu ty, Sworn and subscr.ibed to Before Me This 31:>1 Day of -1!.a~( 14--- 1994, A . D,' ,'!- ~ " < J '"U 1,11'] ,_~rot onotar I '~JU ." \ , I , , , , , I I..' ,I ~ I , , , I ,', 'I; \ , , '~ , " " ' . ~. , '. .~, , " " , , ~ "II fYI. , , '1 (~ " , 4 , r;: I~ ~~~ ~;i '" - n~~ l? . J ! I ~ II ~ >~ ~ ~~~ (II Q) ~ ~~ .~ hi Pl21 ~.I! J ~ ~~~ ~ ~ 1 , ~ ' , , .. ..__. _____1._'. , --.-..- \1, i' " , , " , ;1, , if, , ' ii' , " " , 1'1 I , , , ' , ' ' I Ii , " WAYNE F, SliM'" '\lIon\.) IlIl..\It H Writ J.l'utllrrrl ~hr\" ('lrll~llt, t'wlUu~IYanhl 17<11,1 DORIS V. BREHM, I IN THE COURT OF COMMON PLE,\S OF Plaintiff I CUMBERL,\ND COUNTY, PENNBYLV,\NIA I CIVIL ACTION - L,\W v. I I NO. 1420 CIVIL 1994 DON,\LD R. BREHM, ! Defendant ! IN DIVORCE PLAINTIFF'S PETITION FOR INTERIM RELIEF AND ENFORCEMENT OF SPOUSAL SUPPORT TO THE HONORABLE, THE JUDGES OF SAID COURT I AND NOW, comes Plaintiff DORIS V. BREHM, by her attorney, Wayne F. Shade, Esquire, and respectfully represents, as follows! 1. Plaintiff DORIS V. BREHM is an adult individual who re.ide. at 100 B street, Plainfield, Cumberland County, Pennsylvania 17081. 2. Defendant DONALD R. BREHM is an adult individual whoso la.t known mailing address is 19 Old West Liberty Road, Sykesville, Maryland 21784. 3. By Order of March 31, 1994, your Honorable Court in the person of the Honorable Edgar B. Bayley, J., enjoined withdrawal of Defendant's employee benefit accounts at PPG Industries, Inc. until further Order of this Court. A copy of said Order is attached hereto as Exhibit "A" and incorporated herein by reference as though fully Bet forth. WAVNll F, SHAUll A."onwy II lAw 51 WUI ~...rn'l ~r\'tt ('.,II.lt. V.nrn)I"'&I\11 111111 4 . Plaintiff believes and therefore aver. that the approximate value of thooe aocounts is $30,000. 5. On August 17, 1994, your Honorable Court endorsed an Agreement for Order of support in favor of Plaintiff and against Defendant in the amount of $768 per month. A copy of said Order is attached hereto as Exhibit "B" and incorporated herein by reference as though fully set forth. 6. As of March 1, 1995, Defendant was $2,304 in arrears with respect to said Order of spoUsal support as reflected in the statement of the Domestic Relations Office which is attached hereto as Exhibit "c" and incorporated herein by reference as though fully set forth. 7 . As a reSUlt of Defendant's substantial support delinquency, Plaintiff has been threatened with foreclosure with respect to loans to The Money Store and First Federal Qf HarriSburg, oopies of the respeotive notioes of default being attached hereto as Exhibits "0" and "E" and incorporated herein by reference as though fully set forth. 8. Said loans in default are liens against the marital dwelling in which Plaintiff resides. -2- 9. Plaintiff is unable to afford to cure the defaults and make the future payments without enforcement of the obligations of Oefendant. WHER~FOR~, plaintiff respeotfully requests that your Honorable Court issue a RUle upon Defendant to Show Cause why the following relief should not be grantedt (a) Distribution of funds from the employee benefit accounts of Defendant at PPG Industries, Ino. to oure the outstanding loan defaults; (b) Distribution of funds from the employee benefit accounts of Defendant at PPG Industries, Ino. to bring the support obligation of Defendant up to date I and (c) Distribution of $768 from the employee benefit accounts of Defendant at PPG Industries, Ino. on the first day of each month to the Domestic Relations Office of Cumberland County, Pennsylvania, for spousal support. Respectfully submitted, /b,l.'h<.( ~"t(7~/l( Warne Y. Shadfl, Esquire Supreme Court No. 15712 53 West Pomfret Street carlisle, Pennsylvania 17013 Telephonet 717-243-0220 Attorney for Plaintiff WAVNH F, SHAl)J! A_,.ttA" IIW..'.....""I'm' ('IlIU'.'~ Pm".~'ylt\i. I'/III! -3- ~.,' .T'-' ...J,L.J. '~" , . I; I t I.' , ,t ~ \, (I t'j ! , i ,. :1 if:' ',I; i,.. " "t I......", '.'.J; , ' A't....i..i~ . The .tatements in the foregoing Petition are ba.ed upon intormation which has been assembled by my attorney in thi. litigation. The language of the atatements is not my own. I have read the statements, and to the extent that they are ba.ed upon information which I have given to my counsel, they are true and oorrect to the best of my knowledge, information and belief. I understand that false statements herein are made SUbject to the penalties of 18 Pa.C.S. 54904 relating to unaworn falsification to authorities. Date I Maroh,)Y, 1995 . " " [1/ I I 'I , ' , ' :1 , 'I ., 'i, t,j " , , I , " , , , , , , " , DOHT.S V. fHWIIM, I'Jilintift IN '1'1m COUH'I' o/" COMMON f.'/"~;Ml 01" CIJMLlEH1,ANLl COUN'I'Y, PI':NNIlY1NANIA CIVU, AC'I'ION ~ I.AW v. NO. 142() CIVIl, 1994 DONAW ll. I3R~HM, Defendant IN DIVOHCf: ORDER OF COURT AND NOW, this 31st day of MurCh, 1994, after hearing, it is ordered, as folloWSI 1. Plaintiff's request for a Preliminary Injunotion enjoining Defendant from withdrawing and PPO Industries, Ino. as garnishee from distriputing any of Dofendant's accounts at PPG Industries, Inc. until further Order of this Court is granted. 2. Plaintiff shall immediately file security in the amount of $1.00 with the Prothonotary in conformity with Pa.R.C.P. 1!l31 (b) (1) or (2). By the Court, -d~1 ~ It. ~~ gar B. ay ey, J txiiXBt'1.' nAn r~lI~ C('I"'Y FROM RECORD I'll ., ," " '" '1 . no',. .'rI,? IJI~r')!M my hond \lI\d r;l:~ " It! c, , ,.\1 , I I,r' 'I (','r'I"I' P' , I.a- ~'. ~ - ,..,., I.. rhl~ 3.1, ,;.y (,i 'J}\ Mo', 19.~,Y.. ,,,....,,"'''',,...~p~'io,..O', ,~~., 4. ~"~_..U....I "'::'~.r Prothonotary 1l0K 1 S V, IIKI';II~1 , l'LMN'l'JI'F IIIl 1/ ')I', ..J .,. IN TliI': COUI\T OF C')f1NON l'LEM; OF CII~IIIEIILMW COI/tlTY. 1'1.:NN:;YLVANIA Ilmll';~;T1C IU';LATION:; :;ECTlOtl ,; IV 11. ACTlON :;111'1'01\'1' 110, 1111 :; t)f/ 1'1'1/, v, 1l0NAI,D K, IlIn:IUI. ,Ill, , 1l1';Fi':tIllMIT A';IIEHIENT 1,'OI( Olml.;!l OF ~;III'I'Oi(T 'l'ho "bove 1l1l1l1..Hl [llaj,nc1Cr ;1~1~(.f);~'(l!';IlI:'l'''1' -h~~I'~'~-hy iIjP:I!~!' 'dlill I.h,~ I}ttfl!lHlmlf. Hhnll IH'Y tho sum af $-1!.1..1hyg__ pOl" __'!!!'!!t1L._. for ;,,,d I ",,>;ard ,;1", ""ppor! of _ ,h!!',,!!.!J.~L.JIllL9.L_,_..,..._ m,' ~art plolnt ~!L!.2_l2.'!.Y~.!!.~...J:.ll!:~~!!.~IIJ,IJ!J.".It Y.!_~'!)!"I!'t ,lJ..,NilF'!"!'..'J.!J _]~\IJ_~!!!!~ St!!!'~.._..." .,_ and 3) !!I!I.! I'udurul, l'llrt l~.'!,J:)I!!:J!~!.. ~JlFIJ"__'~~ll.. !~~l_ 1!IS!'P'.",,',!!'_!~!.!!1!!!_.!!,L!!jlU!~9~..___.._.._ thd Narweut 100", __________._u_.____.__._.._." _' _,......._. __.__._".._.______.. .._~____.____._.___. whlch aum shall b03 paid thraugh the 1J0moBt l'CRQ"'lnl;-iOii;j-'()-OIc.;-.P;(i'. llax 3'20,"'(:nl'1161o, pf-- L70L3, beglnnlng 8/1/.2.1-.___' Tho IJofendnnc nllroes Co pay tho COfltB in the amaunt af . 2~.00 whlch swn indudos tho pr,,-r.lltcd Sorvico ~'uo of $ 8.0.0-' pllynble _!JjLJ1~lL-__' Tho partles further agreo ta in farm the llomefltic Relntiflnu Office of ony cll/lngc in wrlting wlthln seven doys af such change, Shauld II pnl.ty wilfully fnil to infal'", tho IJomostic RllLatlons Office of the requlred lnfarmatian, cha COUI.t mny ndjudgo the pnrty to be in can- tempt of caurt pursuant ta RuLe 1910.21 on<l may order the party ta be punlshed by one ar mora af the fallowingl jeLL, fine or probntion, ,li_ \~hen Ilccumuleted nrronrfl oqulll or excoed one month's suppart abHgatian tho IJofond/lllt'tl income will nutomaticnlly he att.lchod, The defendant' u lncame 18 nuached, Oatedl 1'h19 17th dey of __b.\WlJlt . 1~9..2!t, I .-- - ..~ PIli It ff )~'/) / .. ...' ~<.n.--:I.;fEl<'.~-:===------ Dl.! olldlll\t ORDER OF COURT AND NOW, this ...J11JL. day af ....ill!.8.l!li-____..,....., 19__2.'1.' upon considorlltlon of the nbave ^greemont, IT IS HEREBY OKIJER~:IJ AND DIR~:Cn:D thilC the Defendant pny through the lJamestic ReLlltlans Office, P.O. llox 320, CnrHBlo, PA l7011, the flum of $ 766.00 per _ manth far and tawnrd tho Buppart af his wife, O!!L..9..U.!J.l!...!!!!l!l!.!lrl.J11.!!1llillf to IJdY the three hQtlle eouity Loens et I) Norwe!!.L..1.L!htLNonJ!Ltlt!!t!/..J!JJ!LlLl1UL.b.!1uJU, PertiOlB further enn thet 1993..!1)came tax refund b~...'!lili!!.l!!Lto....tlJ.!LNorwest Loen'--_______ The fLrst pnym.,litHho111;a dueon~.J!L!194~=====-==~J1\-;1 fluhfloquent payment" "hall lio due overy month tlwrollfter. The IJofcndant flhall pay the cost" of $-1.L..Q.Q,__, which sum in- dudes tho pra-rated Sorvice Fcc of $---':l.<.1l9___, payable _90 WA_____.' IT [S FURTHEll ORDERED that tho part Ion lnfarm the [)omefltlc Relati'"lfl Ofllce af IIny chunge of addroBn af any child recolvinll Bupport, nnd/or cmployment ln \;rltlng w1thln !loven days of "uch change. Shauld a party wlLfully fnil to inform tho 1l,)meBtlc Rrlllltionfl OfOce of the r"<lulre<l lnfor- matLon, the court mllY IIdjudlle the pliny co he ill coatem, of court purflunnt to Ilule 1910.21 and may arder tho pnrty to be puniflhod by ono ar ",01'0 f t 0 HOlo/inSt Jull, Ono 'll' pra- batlon. l-)L. Whon nccumuLntlJd arrenrll llqulll or ex l!rl olte m th'n Ruppart oblll\lltl.an the Defendant II income willllutomlltlClllly bl! .1ttllcl\lld ..,_. '1'1. .fendnnt's income 111 nttnched. OROl Sillly S, Kru1t?ur XCI Plillnllff" Ilufund.,tlt W,lyn" Hh..d." ~:B<lull'l! [or JIll [, ORa '~20 f':dv,lll' ._---'-------j~-- EXl\rllI'l' "n" ri.! ;".'~l~'J ~J} I "(I Ii 'IiI .11' I (",'/ (1:11 (): 1/'1' !) llfWHM, l1ni'JAl./i fl. "I/i. t 1,14:.lfll /';}: I I? OLD UUl'Tl ry (HIM '.lYIII fl\J 11..1.(" I'll), :1 I 7n4 nl) JJHf:II~1. ')I,IIIIU 1/, 1(1) n ';/f~ICI i"I,i\tNFHI,O, P,\, 1(. if.I011.\II) N t70tH r. r; 412'Jil t n G:.l 7M3. 00 (). ()O C). orl M Qll/OU?4 tY)IOI/'i"~ WJ ,""II 7(.,f")!H!1 A'1rI~'MIB COSH! FEI'fi CLAIMS I RESnnJ'rrON I)THEn ,""(f..1 I'1'i fI, (".1 ~l",. O-;t-. n. I ~ ~i I:'. ;10 .., ,\f"\ n'iiOl/'lf/ U,ll. on f' 1\ "rH'",,, , , " 0" '1I,fl. 00 IMi, ()O " tl/0!9/'?4 "n,B. 00 (HAlIOf:','i 7/tr:), 01')' :;1,104. (lO". :;)804.1)1) . IO/;,:t~/94 76El.OO ALh!lI"ll ", n,on 0.00 0.00 0.00 PAYMf:N I:; 0. 1'\1) 0.00 O.OC) (J,,()O f'AY~l!"m~1 ':I, ('lO 0.00 0.00 '/41:?:;!U /1,8.0(' I-''''YMI,'/.If', ').00 7M::).0'.) 7b~l. Q'"j , 0/0\1'/4' l)lIF "',I,f1. on,. "i'M1.00.. 41 lQI2:'I'J4 f'lAYMl.::NT '~I fV, 7/JrJ. OC) .00 44 111.I09:;1r.l 11/011'14 nt/F.:' 'i6~1. Or;), IMJ.QO.. q,~ 1112"?/'?4 PAYMI!:m C;~l :;z 7M3. 01,' .'10 4'~ Il ),;U,t::) 1:;/101/94 nUF 'lilli, (\(1-. '1/,0. nr,. 4r~ 0\10 I /'I~ nUl.: '?/.if.l ,"'i. J IJ':!f.. 00 . 01 OI/O:l/'Jt') Ff'FII ~ih 00' I ~i:i/," 00- o.! O;Uoun, IllJE ,1'/'[' "1\ 'P'!!)/l. 00 ' Of. O:Z/Ol II}') l"r:V/"!': .., I ChlQI) i'MJ.OO ,I UDb, 00- {, 1.1 ~):'l:l<JO (J:1I01/'l(:l OIJE >i,"I. (1),.. ;~!:.W<l, 'lO- 10 " I' "I " , , " , i,J 'I 1 N EXIlIBIT "e" . Page 2 'c, NO'I'H'ICA'I'lOfi OF CHI':!)!'I' !lli.I'OWI'ING AOnlNCY. If your" default porsistlJ, tllo lunder will report youl:' default to an appropriato crodit reporting agency. D. CONS~:OUENC:I:;S ..Q.!:.:...JiCCI':l.ilillM.:Jilli t If the matudty of the loan il.l automatically accelerated for failing to curo dOfault, in addition to reporting your default to an appropriate credit reporting agency, the lender and/or' the Department of Housing and Urban Dl!lvelopmont (JIUlJ) and/or its assigns may I (a) Heport the default amount to tho Internal Revenue Service (IRS), 'l'I1On all Fodoral tax rofunds due you limy bo payablo l:o IIUD until the loan is PAID IN .E!1.Ll." Any amount that continuos to be due HUD wj.ll beconsidet.'od ilS taxablo income by' the IRS, (b) Refel' tho dl~C ault : l:o the U, S, PoplH'tment of Justice, 'l'ho lJ, S. at tOl"neys may pursue apJ;lropriate legal actions including, but not limited to, jUdgments, proporty lions, garnishment or levy on salary or wagor), and attachmont of monios due ft."om the Federal government, such as pensions, , THIS ~OAN IS INSURED AGAINST NONPAYMENT SY THE FBDBRAL GOVERNMENT. I' YOU DO NOT RIPAY THE ~OAN AS AGnEeD, WB MAY ASSIGN THB PBST TO THI U. B . DlpA1\TMINT OF HOUS ING AND unSAN PIVI~OPMl!NT (HUP) '01\ aO~~IOTION. FAI~URl! TO pAY THB DeST IN ACCORDANCI WITH THB TIRMS SIT BY HUD MAY I\BSU~T IN ANY OR ALL OF THl! FOLLOWING ACTIONSI SIIZING YOUR FBDBRAL INCOME TAX RIFUNDS. GARNISHMENT OF YOUR WAGRS IF YOU ARE A FIDBRAL IMp~OYII. RIFERRING THE DllllT TO Till! U.S. DEPARTMENT OF JOSTICI 'OR aOLLlICTION. nC7~1 ';nQ~~.,tiaJP~- I operty Ma~~~r;'- cat Sent Certified and First Class Mail po DORIS V. BREHM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. DONALD R. BREHM, Defendant NO. 1420 CIVIL 1994 IN DIVORCE 2/21/94 2/22/94 3/21/94 3/29/94 3/31/94 3/31/94 4/12/94 4/12/94 4/12/94 4/20/94 8/ 1/94 8/ 4/94 8/17/94 10/31/94 W^VNli F, SIWlI! AtlOO\r) 0' lAW 5 Kllulh HAlIllIVrr "lint l'.,lIdl,I'rl\tu)I'Vlni. 171111 STATEMENT FOR SERVICES 2/2\ /94 - 4/17/95 Conference with Ms. Brehm Telephone from Ms. Brehm concerning no-fault divorce rules Telephone from Ms. Brehm, draft Complaint and research and draft Motion for Preliminary Injunction preparation for injunction hearing preparation of proposed Order Consultation and appearanco in injunction hearing Telephone from Ms. Brehm concerning PPG funds Telephone from Ms. Brehm concerning divorce proceedings Preparation of Deed, Information Release Authorization and letter to Mr. Brehm Telephone from Ms. Brehm concerning delinquent bi 11s Telephone from Ms. Brehm concerning income tax refund Review income tax returns, preparation for spousal support hearing, telephone to Ms. Brehm and letter to Mr. Brehm consultation and a~poarance in Domestic Relations Office 2.0 0.1 1.0 0.6 0.1 0.7 0.2 0.1 0.5 0.2 Conference with Ms. Brehm and letter to Ms. Brehm 0.2 = PLAINn," ~ 0.1 0.8 1.7 w 3/17/95 3/30/96 4/ 6/95 4/10/95 4/14/95 4/17/95 Review file, draft Petition for Interim Relief and ~nforcement of Spousal Support, letters to the Money store, First Federal of Harrisburg, PPG Industries, Inc. and Me. Brehm Letter to Ms. Brehm 1.0 0.1 Review materials from PPG and issuance of Subpoena and Notice of Records Deposition Review 1994 income tax returns and letter to Mr. Brehm 1.2 0.3 Review file, research, preparation for enforcement hearing and preparation of proposed Qualified Domeetic Relations Order Review letter from Husband's accountant, review file and preparation of Application for Automatic ~xtenBion of Time 2.3 .lL.l TOTAL 13.6 Prosecution of domestic relations proceedings in accordance with the above itemized statement for Services Prothonotary, file Complaint in Divorce Sheriff, Service to PPG of Motion for Preliminary Injunction U.S. Post Office, service of complaint in Divorce and Motion for PreliminaLY Injunction Prothonotary, Injunction Bond Prothonotary, Subpoena to PPG Industries, Inc. U.S. Post Office, service of Petition for Interim Relief and Enforcement of Spousal support $1,687.60 22!1.50 26.36 15.26 1. 00 2.00 hll Paid on Account TOTAL $1,962.34 3215.00 $1,627.34 WhVNI\ F, SlfhtH! Altom"., I...w $ Kw~ HlUlt~r' KI,r,' ('atlt_It, I~t\lu)lv,"l. I lUll BALANCE DUE -2- L:~ I'. I f ,. t~, , " m "0 'ndu,I"", Ino, One PPO PI"e PIII,burgh, Penn'ytv,nll '5272 U8" ~~ DIpIrt_1 W'rtI~Y~~(~~~"I(412) 434-2"0 ,..,,,,11 11, UU pCVIRATIC CO'QRIIIR RRnUIU1T wayne F. Shade, llquire 53 West Pomfret Street carlille, PA 17013 ReI CAB. No. 1~20 I Rr.hm v. BrAhm Oear Mr, Shader Purluant to the Subpoena and the Notice Qf aecardl Oepolition, encloled are the following documentll 1, An interoffice memo addresled to me letting forth Mr. Brehm's accrued benefit in the PPG Industriel, Inc. aetirement Income Plan (Appendix 1) al of his date of termination of employment. Pleale underltand that Mr. Brehm's accrued benefit in the Plan will not change unlels he becomel reemployed by PPG. 2, A copy of the statement of Mr. Brehm'l account in the PPG Industriel Employee Savings Plan as of February 28, 1995. Thia atatement contains the mOlt current information with regard to Mr. Brehm'l account in the Plan at this time. participants' atatementa dated March 31, 1995 will not become available until after the 20th of April. Please note that the statement Ihowa Mr, Brehm'a total account balance in the Plan, the amount in each Inveatment Fund in the account and whether the money il contained in Contract I or Contract IX and the taxability of all money in the account. = ~ '. page Two Mr. Wayne F. Shade April 11, 199& , I Beoau.e we have provided thi. information to you by mail, it i. my under.tanding that it will not be neoe..ary for me to appear in your offioe. on Thur.day, April 13, 199& at 9tOO a.m. Plea.e oontaot me if you have any que.tion. with regard to the enolo.ed information or with regard to preparing Qualified Oome.tio Relation. Order.. I will be on vaoation on Thur.day, April 13, 1995 and Monday, April 17, 1995 and our offioe. will be olo.ed on Friday, April 14, 1995. Ijeg ~nolo,ur.. 001 J. A. ~.wi., I.quire " " , , i .1 , , I; , i " , " " I " 1 , , . . "0 l~U'~II., I~C. ,KTI,-Q',ICI CQ~RI.'OKDIM~~ DATil April 10, 1995 .8ON. B.n.tit. Admini.tration TO, IJ. I. Ooy'" LOCATION, 0.8. PPG Plao. .Q8IJICT. Don.ld R, Br.hm 8811 lU.38-17U In r..pon.. to your r.qu..t of April 7, 1995, the following information i. provid.dt RI~ir.m.nt Incom. Plan IADD.ndix . 1\ - Mr, Br.hm'. aoo~.d b.n.tit a. of April 1, 199., w.. . .'6,OO/month, pay.bl. .. a life annuity at normal r.- tir.ment .g. (66 y.ar.). Thi. b.n.fit we. c.lculat.d b...d on Mr. Br.hm'. t.~ination of .mploym.nt on Karch 1., 199., at which data h. w.. 100' va.t.d und.r the Plan, Th. amount ot b.n.tit a. of April 1, 1995, would b. the .am. .. the amount ot b.n.fit .t hi. t.~in.tion dat.. Xf you have any furth.r qu..tion., pl.... oall. 'l/Ih{"* N, R, Katoh.tt, Man.g.r p.ndon plan. 'I 111 , " "I, I Iii " 1 ,",1 " ' , , , , I l I '. , . I, I .' . ~ o t I IS ! EllUl I a i.. I . ,& I i - - ~ ~ i ~! J III "I ~........ .. I t :Joo........ .. - 1 ; · i 1 ~ J B! .. I It ~.. J.I I !"f i I~ 1)11 J I! h II~J ! Oi' .. - " o - I .. ~ , -, ft; d ~~! ; ~ '0 j; :i a I ! .i .. ::1 I J - ! i .. .. ~ !w -. ~ ,- 5.. i - & . -8 - i'.- ,I I., i tit ~i 1-" (l ,-~6- - .. j- t (l,& -..I i I Ii J II il i i II ! i- il I" ~i .i - 1 ~~ ~ I!:, " : " . I I ::) ~1.!1! ~ !o , ' ..! J e, it 5 I i( :: B. I Ii ! 51 I;" ... III t ~~ I - . i B . ii I ! - - .. . ! .. o I .. 5 e . ~ ! 1 i . ! I I, Ii : fI;1 I, J i- e" S Ii I!: ~ e- ~ -i"O e '0 o I!: -. ~I , B '8.;" _ . fa -II Is tot. . .... i.. - , ,... !:I' I ~E i n ,! i!=, i: .!oj Ji i II~! i8 I~ &~ i i=;3 Ii s: s rei I~ i ~: r US -I ," e - !!:r. i, I h ! ;&! ::s =i I~ i nl 8~ ~i I~ III~ Ih'O h I-a I J~ I Ii I~= II !t 8 11 ~i~ il Ii ~ ! ! II! II I-I ..Ief ; : ~ Is I: :i-~~ i i i i :l !~ 3 4 t :: ii .'! S S ". t,.' , , --.----..-......-.. - .--..-.... ---. . I i ~II~IIII ~ 11118188 8 ~888~~g88 ~ I G .. ~ 100~0000 ~ VI ~ .. Ii Ii :1"000000 :I &000",.000 ~ 0 "" "',., N N N" ~ N , ,. N N N N ~ - -- UI Z Cil Ci ",00", ~o ~ ~ ~.. .. N !:l: Ii a ;l UI C 0:8. iOo i ~O! Ii Ii ~ IIIII~II I 88118111 8 188888888 8 8 8 188 8 88 I a :10000000:1 SOoooooo S SOOOOoooo S 0 S soo:l SO I J I ~88~8818 ~ 88818888 8 " 888888888 8 8 ~ SOOOOOOOO S 0 ~ .. Ii 88811811 8 88111888 I 118888888 8 I 8 888 8 81 I 1 sooooooo:l SOOOOOOO S SOOOOOOOO I 0 :I 100 I 10 I i i ~ tIl t ~ " 0 I " i ~ ~ i i . : t I i · i i 10o~0000 ~ VI ~ .. Ii Ii :10000000 I 11811888 8 18888888 I ~881~~818 ~ I ~ 10000000 I 10000000:1 ~ooo~~ooo ~ 0 ~ ~ ~~ ~ ~ r:: r::!:l _ ..;l ! I ~! I ! I I! i= I Eli t t! !i.1 Ii i II11 Ii I J,lll I~ i i j ~- ~ I c ~- ~ I & ~-~..~ IS". iJ;- I .J;" I !J .3" I ;J~! ~~ ! iJ~! ~;. ! st!!! ~~ i f i iJi~IIIIE ~ lIi~lllls ~ iiti~}liIS ~ ~ ~ ifil!E!~1 ~ if~leE!~! ~ f~'le!~~1 ~ I ~ ~-~Jwo..~ ~ ~-~~:o..~ ~ -l.~:o..~ ~ ~ ~ elll ~ 88 8 ~00" 10:1 l;l l;l e e " " " ~ ! ! i II!! II! ~il~ " ~il = !~~1 i !~~ i ....... .., ..... .., 11i~ S Iii S iji~ ~ iii : iii' ~ iii ~ - I , , . . m . If"} , , , , , I l" 'I ~. PPQ 'ndualrt.., 'no. On, PPO Plac, Pllllbulgh, P,nn'ylvenl. tU1i VIA Law~ TtItooP\I No" (4111 ~"I WrlIor'. DIrIcl Dill No, I (412) 434-2440 Ap:r:U 3, 1,.5 wayne P. Shade, B.qui~e 53 We.t pomtret Street ca~li.le, PA 17013 Res Donald R. BrAhm Dea~ Mr. Shadel Your lette~. ot Maroh 17, 1995 and Ap~il 4, 1994 have been reterred to me fo~ review and response, Although Mr. Brehm is no longer employed by PPO Indu.t~ie., Ino., he is a Participant in two of our benefit Plan.. The PPG Indu.tries, Inc. Retirement Income Plan (Appendix 1) in whioh Mr. Brehm is a participant i. a defined benefit pen.ion plan and the PPO Indu.tries imployee saving. Plan in which Mr. B~ehm is a participant is a defined oontribution plan, Bach of the above-mentioned Plans i. a qualitied plan under Section 401(a) of the Internal Revenue Code. As such, each Plen i. regulated by tederal law under the Employee Retirement Income Seourity Aot of 1974 (ERISA), a. amended (29 U.S.C. 11001 at aa;.). BRISA provide. tor broad preemption of .tate law (29 U.S.C. 11144(a)) and BRISA doe. not permit the Plan Administrator to encumber plan benefits in any manner (29 U.S.C. 11056(d)). In addition, KRISA prohibit. alienetion of benefits except whera the Plan has been .erved with a Qualified pomestic Relations Order (QDRO) (29 U.S.C. 11056(d) (3)). This prohibition i. repeated in the Seotion of the Internal Revenue Code which prescribes t.he requirements tor a Plan to meintain its tax-qualified status (26 U.S,C. 1401(a) (13) and 26 U.S.C. 1414 (p)). " .. \ Page 'l'wo Mr. Wayne F, shade Allril 3, 1995 In order to assign any llortion of Mr, Brehm's benefit in either Plan to an Alternate Payee, we must be sorved with a QDRO. Inclosed is a copy of our form QDRO which may be used in connection with the 1'PG Industries, Inc. Retirement Income Plan (Appendix 1) and a copy of our form QDRO which may be used in connection with the PPG Industries Employee Savings Plan. You may wish to use these forms as a guideline in prep~ring QDROs. We will review proposed QDROs prior to having the Orders entered in Court, ~Ie cannot recognize the Order of Court attached to your April 4, 1994 letter ae a document which meets the requirements of a QDRO and, therefore, it is not ~ valid encumbrance on benefits payable to Mr. Brehm pursuant to the terms of the Plans, Also, we cannot tak$ any action which compromises the tax-qualified status of our Plans. However, we can tell you that Mr, Brehm has taken no action with regard to his benefit in either Plan since the date of the Order of Court (March 31, 1994). And, we will notify you in the future in the event Mr. Brehm does take any action with regard to his benefit in either Plan. In order to provide you with a calculation of Mr, Brehm's accrued benefit in the PPG Industries, Inc, Retirement Income Plan (Appendix 1) or with a copy of the statement of his account in the PPG Industries Employee Savings Plan, we will need an authorization signed by Mr, Brehm which would allow us to release that information to you. Mr. Brehm's authorization should be specific, We can calculate a Participant's accrued benefit in the PPG Industries, Inc, Retirement Income Plan (Appendix 1) as of the first of any month. Mr. Brehm's Authorization should state the exact date or dates upon which we should calCUlate his accrued benefit, All Participants' accounts in the PPG Industries Employee Savings Plan are valued once per month, on the last day of each month. Mr, Brehm's authorization should stAte the exact date or dates for which you would like to receive a copy of the statement of his account, Of course, we would also respond to A subpoena for the requested data if such becomes necessary. The subpoena or Mr, Brehm's Authorization should be mailed to me at this address, since the records you will be requesting are maintained in Pittsburgh, P.g. Thre. Mr. w.yn. F, sh.d. ~rU 3, lU5 ,. pl "....!,.'''~'\\' , --"j ,~"\.,,." " I,', ,,!, .f '/ , i ! ' I It ,. It you hlv, .ny qu..tion. or cono.rn., pl.... contact m.. .. COI R. W. V.ller J. A. Lewi., ..quir. , ,\ Ij.g Very truly your., (.~~ ~~ I. ooyke ( .~. 1 Auilt.nt ~..... .nolo.ure. " , , 1 ,I, 1 , " " , , " , 1 " 'I Ii- . 'I, , " i Ii I, I~ ' \.. h, 1);.", .11/;,' ~. It'll I; 1/11 :'i'H'I'UH I 0'1/1//'1~1 IlRF,IIM, llllNlIl1l H., ,JIl. 11)4:)111/'/'1 1'1 CJL n l IIlnn Y IWIIIl SVIOHVIIJI'::, 111). :H 1114 Illl IlIlU"'!. IHIIIHI V. toO /I fI fill I , PI.AlNI'II'II), I'll. It,141)~~'';J. 1/01'11 Ie B tl~l N 4.1041 11.11.00 0.00 0.00 M 011/01/'/4 1)'1/011'14 wo Ell lhfl/MO ARIHAIW C(mfS FEES CLAIMS REEl) I HiT I UN OTIIER ~lOn'. 00, 0.00 ;'1>. O(} 0.00 O.O\) O.llO 0,1/01/'/0 1MI.OO I'IIYMI'NHI (). 00 0.00 IMI. (JO II I ;~'71 '/4 11il'1.OO CIINHlF:t1 lMl.OO'- 7liB.OO" :10/2.00- t 0/;>~)/'11l '1MI.OO AI),llIH 1 H 0.00 0.00 0.00 0.00 I'IIYM"NJU 0.00 0.(1) 1).00 0.00 PIIYMII':Jl!1 0.00 0.00 0.00 '/4\ ;~;Jn 11.1l. Ill) I'AYMFNlli l).I)O 0.00 1611.00 IlEIHNN1NG lIAlIINCr ;"'1.00 01/01/'1~) nUl '1bH.OO I ~I~I". 00 01 OI/O~/'/5 I'T'F:; ;~6. 00' 1:1:16.00" o:,~~ O;'>/Oj/'I~I n\lf 'lbll.OO ;":1011.00' 0(, 02/01/'/;1 IJIIYM"N r c;w:} lMl.OO 1 ~:]". 00 " " 11:1;33'/0 03/01/'1~1 III II 76H.()O ;'>:"i04.0()' l.O 04/01/'/~ DUE 71,11.00- :1012.00- 1 ~~ , I " , , '" 'I !, " " " I' , ' ., Ii, DOJ{IS V. BRElHM, Plaintiff I IN TH~ COURT OF COMMON PLEAS OF I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I I NO. 1420 CIVIL 1994 I I IN DIVORCE v. DONALD R. BRElHM, DefendAnt QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this /1" day of April, 1995, after hearing and upon Motion of Wayne F. Shade, Elsquire, attorney for plaintiff DORIS V. BRElHM, it is ordered and decreed, as folloWSI 1. The purpose of this Order is to provide interim equitable relief for the entorcement ot the obligations of Defendant and the preservation ot marital property again8t foreclosure under the provisions at 23 Pa.C.S. 53505 and Pa.R.C.p. 1920.43 and in all respects consistently with the federal preemptive requirements at a "Qualitied Domestic Relations Ordern a8 defined in 54104(p) of the Internal Revenue Code of 1986, as amended. 2. This Order applies to the PPG Industries Employee Savings Plan (hereinafter referenced as ltPlan"). 3. Participant is DONALD R. BREHM, whose current and last known mailing addreS8 is 19 Old West Liberty Road, Sykesville, Maryland 21784, and whose Social Security number is 184-38-1793. 4. Alternate payee is DORIS V. BRElHM who was born on March 8, 1947, whose current and last known mailing address is 100 B street, Plaintield, Pennsylvania 17081, and whose Social Security number is 167-40-4442. . , ~. partioip~nt's entire aooount in the Plan is marital property and subjeot to attaohment for enforoement of Orders of this Court and for preservation of other marital property. 6. Effeotive April 20, 1995, the followin9 is to be withdrawn from Partioipant's aooount in the Plan for Alternate Payee I I :1'1 I , " , .1' /, , il ,I .. -2- (a) $3,840 to the Domestio Relations Offioe of cumberland county, PennsYlvania, on aooount of .pousal support arrearage., (b) $871.55 to First Federal of Harrisbur9 to be applied to the loan defaultl and (0) $768 per month to the Domestio Relation. Office of cumberland county, Pennsylvania, on the 17th day of eaoh month, commencin9 May 17, 1995, on aooount of future spousal support. 7. TheBe funds shall be withdrawn first from the income fund of Contraot II and after exhaustion of the inoome fund of contraot II from the PPG stook Fund of Contraot I. 8. Any income tax withholdin9B whioh the Plan iB required to make shall be made from remainin9 fund. in Partioipant'. account so that Alternate Payee receives tho full amount of the awards herein. 9. This Order does nnt require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan, or require the payment of any benefit to AlternQte Payee which iB required to be paid to another Alternate Payee under .. . .. I' , II ',I .1< "I) " ,'I ','I) another Order previously determined to be a Qualified Domestic Relations Order, Qr require the Plan to provide increased benefits which result from tuture contributions to the Plan. Any prOVision of this Order which appears to be otherwise shall be null and void and have no effect. 10. In no event shall Altornate Payee have any greater rights than those which are available to Participant. 11. The parties shall promptly submit this order to the Plan Administrator for determination of its status as a Qualifie4 Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order as such is detined Under S4104(p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified ) /~': " " <'I Domestic Relations Order. Court, I / .' By the Wayne F. Shade, Esquire Attorney for Plaintiff Mr. Donald R. Brehm Defendant ~ 'fI,.11s, ~.f, - ec.t~tA.- n>J..J..A.. 1 , , , ,I .3. DORIS V. BREHM, Plaintiff v. I IN THE COURT or COMMON PL!AS OF I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I I NO. 1420 CIVIL 1994 I I IN DIVORCE DONALD R. BREIIM, Defendant AFFIDA VIr OF SERVICE WAYNE F. SHADE, ESQUIRE, oertifies that he is counsel tor Plaintiff in the above-captioned matter, that he did, on April 4, 199~, serve the Petition eor Interim Relief and Enforcement of Spousal Support in the above-oaptioned matter upon Detendant by certified United States mail, postage prepaid, return ~eceipt requested, addressee only, and that the same was received by Defendant on April 7, 1995, as evidenced by the retUrn receipt card attached hereto bearing certified No. P 288 134 511. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsitication to authorities. Datel April 10, 1995 ~~~ Wayn . a e WAYNI! F, SH^,ltt Allomry Illl..w ~.I Wnl "lInI"'" 8hnl 1'.,II_w, '~M.~IUI1Ia 11<111 \'1 WAYNP. F, SHAIlI! Anl)nw~ .1 lAw 5) Wrll "ul'Mrrl 8l1yr' ('.,II.If. Pt",u~I'Ianl. IIUt! ...., 4 . On May 1, 1995, oounsel for Plaintiff reoeiv.d a letter from PPG Industries, Inc. dated April 28, 1995/ a copy of which is attached hereto as Exhibit "a" and inoorporated herein by reference as though fully set forth. 5. Said letter of April 28, 1995, from PPG Industries, Ino. illustrates the difficulties in complying with the partioulars of the various qualified plans across the nation. 6. We have now obtained, from the PPG Plan Administrator, advance approval of a Modified Qualified Domestic Relations order, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference as though fully ~et forth. 7 . To conform to the requirements of the Plan, we would move that your Honorable Court endorse our request to modify the existing Qualified Domestic Relations Order to increase the amounts in Paragraphs 6 (a) and (b) to cover the income tax impact. 8. We would further move that your Honorablo Court endorse our request to modify the existing Qualified Domestic Relations order with respect to Paragraph 6 (c) to provide for one year's worth of monthly spousal support payments net after the required 20\ -2- income tax withholding for a total amount of $11,520 with the under.tanding that plaintiff will file a stipulation in the Dome.tic Relations office of Cumberland County, pennsylvania, that .pousal support would be paid through and including the payment due April 17, 1996. WHEREFORE, Plaintiff respectfully requests that your Honorable Court issue a Rule upon Defendant to Show Cause why the Qualified Domestic Relations Order of April 17, 1995, be modified to comply with the requirements of the PPG Industries Employee Savings Plan in accordance with the proposed Modified Qualified Domestic Relations Order attached hereto. Respectfully submitted, ttI~ ~~ Way~ F. Shade, Esquire supreme court No. 15712 53 West Pomfret Street carliSle, Pennsylvania 17013 Telephonet 717-243-0220 Attorney for Plaintiff I 'I ' , " WAYNP. F, SHAIlr. A_~.'JA" II W... ,...,... 11Im! l'."I'~, """'.~l\'.it llOll -3- .. C' ., DOIUB V. llR~:IIM, plaintiff v. IN '1'IIE COUR'f OF COMMON Pl..EAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1420 CIVIL 1994 IN DIVORCE DONALD R. BRImM, Defendant QUALIFmD DOMESTIC RELATIONS ORDER AND NoW, this /? ~ day of April, 1995, after hearinq and upon Motion of Wayne F. Shade, EsqUire, attorney for plaintitt DORIS V. BREHM, it is ordered and decreed, as folloWSI 1. The purpose of this order is to provide interim ~quitable relief tor the enforoement of the obliqations of Detendant and the preservation of marital property aqainst toreelosure under the provisions of 23 pa.C.s. 53505 and Pa.R.C.P. 1920.43 and in all respeots consistently with the federal preemptive requirements ot a "Qualitied Domestic Relations Order" as defined in S4104(p) of the Internal Revenue Code of 1986, as amended. 2. This order applies to the PPG Industries Employee '.vinq8 Plan (hereinatter reterenoed as "Plan"). 3. Participant i. DONALD R. BREHM, whose current and last known moilinq address is 19 Old West Liberty Road, SYkesville, Maryland 21784, and whose Social security number is 184-38-1793. 4. Alternate Payee is DORIS V. BREHM who was born on Hareh ., 1947, whose current and last known mailing address is 100 B Street, Plainfield, Pennsylvania 17081, and whose Social seeurity number is 167-40-4442. E:U;I r; IT /I A" ~ r . 6. Partioipant's entire acoount in the Plan is marital property and subjeot to attaohmont for enforoement of Orders of th1a Court and for preservation of other marital property. 6. Effeotive April 20, 1996, the followinq is to be withdrawn from Partioipant's aooount in the Plan for Alternate payee I ~ (a) $3,840 to the Domestio Relations Offioe of Cumberland county, Pennsylvania, on aocount of spousal support arrearages, (b) $871.66 to F1rst Federal of Harrisburg to be app11ed to the loan default, and (0) $768 per month to the Domestio Relations Office of Cumberland county, PennsYlvania, on the 17th day of each month, oommencing May 17, 1996, on acoount of future spousal support. 7. The8e funds 8hall be withdrawn fir8t from the inoome fund of contraot II and after exhaustion of the inoome fund of contract II from the PPG Stock Fund of contract I. 8. Any income tax withho14inqs whieh the Plan 18 requ1red to make shall be made from rema1ninq funds in Part1cipant's aeeount 80 that Alternate Payee receives the full amount of the awards herein. 9. Th1. Order does not require the Plan to provi4e any type or form of benefit, or option not otherwise provided under the Plan, or require the payment of any benef1t to Alternate Payee wh1ch is required to be paid to another Alternate Payee under -2- , , , I another Order previously determined to be a Qualified Domestic nelationu order; or roquire the Plan to provine increased benetits which result from future contributions to the Plan. Any provision of this Order whioh appears to be otherwise shall be null and void and have no etfeot. 10. In no event shall Alternate Payee have any greater rights than those which are available to partioipant. 11. The parties shall promptly submit this Order to the Plan Administrator tor determination of its status as a Qualitied Dome.tic Relations Order. IT IS INTENDED that this order shall quality as a Qualitied Domestic Relations Order as suoh is defined under S4104(p) ot the Internal Revenue Code of 1986, as amended. The Court retains jurisdiotion to amend this Order as might be necessary to establish or maintain its status as a Qualitied Dome.tic Relatione Order. // By the cour Wayne F. Shade, Esquire Attorney for Plaintiff Hr. Donald R. Brehm Deten4ant '(, , I TRUE COpy FROM RECORD In TllItlll\Ol\Y whereof, I hfr.unlo III my and th. -,1 of .ald COlI at C4rllllt, Pi, Thl Y 01, . 19 -3- page 'I'wo Mr, Wayne F, Shade April. 26, 1995 You should underetand that moneya are actually distributed to Alternate Payees eix to seven weeks af.ter the effective date contained in a QDRO, For example, if the effective date is April 30, 1995, the Alternate Payee may expect to receive her money during the third week of June, Paragrapho No, 6/a), 6th) and 61c) -- All of these paragraphs must be deleted for two reasons -- first, because distributions from the Plan must be made payable and mailed to the Alternate Payee and, second, because we cannot set up a schedule of monthly payments, In order to set up a schedule of monthly payments, we would have to establish an account in our plan for the Alternate Payee and we do not set up accounts in our Plan for Alternate payees. Paragraph ~ -- This paragraph mUst be revised to state a specific dollar amount which is to be withdrawn from the partioipant's account in the Plan and distributed to the Alternate payee, You must also speoifical1y state the dollar amount to be withdrawn from each Investment Fund and each Contract within the account for the Alternate payee. For example language, please refer to the sample QDRO which I sent to you with my letter dated April 3, 1995, paragraph No.7, page 2, All of the moneys contained in Contract I Of the participant's account in the Plan are taxable and approximately 23' of the moneys contained in Contract II of the participant's account in the plan are taxable. The Alternate Payee must decide if she would like to rollover the taxable portion of her distribution to an Individual Retirement Account (IRA) or to another tax-qualified plan, or. if she would like to waive her rollover option and have the plan Administrator withhold 20' of the taxable portion Of her distribution for federal tax purposes, The Alternate Payee's decision must be included in your revised QDRO, For example language, please refer to the sample QDRO which I sent to you with my letter dated April 3, 1995, paragraph No. 8 snd par.agraph No, 9 on page 2, Paragrll,ph No, B -- This paragraph must be deleted, 'rhe Internal Revenue Coda is clear that an Alternate Payee must pay tax on all distributiono made pursuant to a QDRO (see 26 U.S.C, "02 (a) (9)) , In the paragraph following paragraph No, 11, please change 14104 (p) to 1414 (p) . " DorlI fl V. llREHM, 1'1llint1tf IN 'I'm: COUll'I' Ol" COMMON (lr,EAfl OF ClJMJJEIU,ANO COl1N'I'Y I PENNSYLVANIA CIVIl, AC'I'ION - LAW v. NO. 1420 CIVIL 1994 DONALD R. BREHM, Oofondant IN DIVORCE MODIFIED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 1995, upon consideration of the Motion of Plaintiff for modification of the Qualified Domestic Relations Ordor of April 17, 1995, to conform to the requirements of the Plan, it is ordered and decreed, as follows t 1. The purpose of this Order is to provide interim equitable relief for the enforcement of the obligations of Defendant and the preservation of marital property against foreclosure under the provisions of 23 Pa.C.S. 53505 and Pa.R.C.P. 1920.43 and in all respects consistently with the federal preemptive requirements of a "Qualified Domestic Relations Order" as defined in 5414(p) of the Internal Revenue Code of 1986, a8 amended. 2. This Order applies to the pPG Industries Employee Savings Plan (hereinafter referenced as "Plan"). 3. Participant is DONALD R. BRF.HM, whose current and last known mailing address is 19 Old West Liberty Road, Sykesville, Maryland 21784, and whose Social Security number is 184-38-1793. 4. Alternate Payee is DORIS V. BREHM who was born on March 8, 1947, whose current and last known mailing address i. 100 B i';XI:rOI':' "e" street, plainfiold, Pennsylvania 17081, and whose Social Security numper is 167-40-4442. 5. Participant's entire account in the Plan is marital property and supjoct to attachment for enforcement of Orders of this Court and for pr.eservation of other marital property. 6. Effective May 31, 1995, the following are to pe paid from Participant'B account in the Plan to Alternate Payee! (a) $4,800 on acoount of spousal support arrearaqesl (b) $1,089.44 on account of the mortqaqe default to First Federal of Harrispurq, and (c) $11,520 on account of spousal support from May 17, 1995, throuqh and includinq April 17, 1996, 7. Of the aforesaid compined distripution of. $17,409.44, the first $8,658.01 shall be withdrawn from the income fund of Contract II, and the palance shall pe withdrawn from the PPO Stock Investment Fund of contract I. The withdrawals from the PPO Stock Investment Fund are to be in cash as opposed to shares of PPG stook. 8. The nontaxaple portion of Alternate Payee's distribution shall be paid directly to Alternate Payee. 9. The taxable portion of Alter.nate Payee's distribution shall be paid direotly to Alternate Payee. Alternate Payee is aware of her rollover option and understands that the Plan Administrator will withhold twenty (20\) percent of th~ taxable portion of Alternate Payee's distribution for federal taxes. .,2- 10. Thiu ordor dOOB not roquire tho Plan to provide any typo or form of bonefit, or option not othorwise provided under the Plan; or requiro the pnymont of any benofit to Alternate Payee which is required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations order; or require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 11. In no event shall Alternate Payee have any greater rights than those which are available to Participant. 12. This Order has been sUbmitted to the Plan Administrator and has been determined to satisfy the requirements of a Qualified Domestic Relations Order. IT IS INTENDED that this Order sholl qualify as a Qualified Domestic Relations Order as such is defined under S414(p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as ~ight be necessary to establish or maintain its status as a Qualified Domestic Relations Order. By the court, Edgar B. BaYley, J. Wayne F. Shade, Esquire Attorney for Plaintiff Mr. Donald R. Brehm Defendant -3- ~w~ "'f'r.' lilt; ": 'f ':!:U j'.\ k I,., ~J () "f 1":1:,:.):__ '7'~;,....;.! 'l,' '1111 1_ ~:i"'L.;'''' -- 1.,II/~ '. " ;..I;t~ . ,,:::'- """'J ..:.i L1 tR e ~ N lill'r , ' , ' , ' , ' 'I' 'II " , ' , I" ~! -- !i ~ , I ~ I"~~ ~ "' - J ! j i ~i ~ "t " ~ ~ , , I , , Ii ~!~ Ij II ~~ i' i pj " ~. I ' ' ~~ ~ Pl8 , ~ < ! ; ~ ~~~ , " t3 ~Q~ ~ i ~ , u "",c=..-"aC'~',"7"-- , .. .._._ u_ '-.,., _...._"....c:-....~=''''=::!...~=--_ I - , " \ ' , , , WAYNI~ 1', SIIAIlI! ^th"lIr~ DII.llW H Wral l'lI111rnl I'lhnl l'II,lIl/r.I"l'IIIIA)I\ollnil 111111 PORIS V. /3REHM, Plaintiff IN TilE COURT OF COMMON PLf.AS OF CUM/3ERLAND COUNTY, PENNSYLVANIA CIVIL ACTION ~ LAW v. NO. 1420 CIVIL 1994 DONALD R. /3REHM, Dofendant IN DIVORCE MODIFIED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of ~\J~ , 1995, upon considoration of the Motion of Plaintiff for modification of the Qualified Domestic Relat.ionf.l Order of April 17, 1995, to oonform to the requirements of t.he Plan, it is ordered and decreed, as follows t 1. The purpose of this Order is to provide interim equitable relief for the enforcement of the obligations of Defendant and the preservation of marital property against foreclosure under the provisions of 23 Pa.C.S. 53505 and Pa.R.c.P. 1920.43 and in all respects consistently with the fedoral preemptive requirements of a "Qualified Domestic Relations Order" as defined in 5414(p) of the Internal Revenue Code of 1986, as amended, 2. This Order applies to the PPO Industries Employee Savings Plan (hereinafter referenced as "Plan"). 3. Participant is DONALD R. aREHM, whose current and last known mailing address id 19 Old West Liberty Road, sykesville, Maryland 21784, and whose Social Security number is 184~38~1793. 4. Alternate Payee is DORIS V. BREHM who was born on March 8, 1947, whose current and last known mailing address is 100 B WIIVNH F, S""IlI! ^nonw~ _I taw ~J Wit.. Pumrrrl rUrnl ('.r1I.lt, PrMI)lunlll 11111.1 street, Plainfield, Pennsylvania 17081, and whose Sooial Seourity number is 167-40-4442. 5. Participant's entire account in the Plan is marital property and subject to attachment for enforoemont of Orders of this Court and for preservation of other marital property. 6. Effective May 31, 1995, the following are to be paid from Participant's account in the Plan to Alternate payeel (a) $4,800 on account of spousal support arrearagesl (h) $1,089.44 on account of the mortgage default to First Federal of Harrisburg, and (c) $11,520 on account of spousal support from May 17, 1995, through and including April 17, 1996. 7. Of the aforesaid combined distribution of $17,409.44, the first $8,658.01 shall be withdrawn from the income fund of Contract II, and the balance shall be withdrawn from the PPG stock Investment Fund of Contract I. The withdrawals from the PPG stock Investment Fund are to be in cash as opposed to shares of PPG stock. 8. The nontaxable portion of Alternate Payee's distribution shall be paid directly to Alternate Payee. 9. The taxable portion of Alternate Payee's distribution shall be paid dir~ctly to Alternate Payee. Alternate Payee is aware of her rollover option and understands that the Plan Administrator will withhold twenty (20\) peroent of the taxable portion of Alternate Payee's distribution for federal taxes. -2- 10. This Order does not require the Plan to provide any type or form of benefit, or option not otnerwise provided under the Plan/ or require the payment of any benefit to Alternate Payee which is required to be paid to anotner Alternate Payee under another Order previously determined to be a Qualified Domestic Relations order/ or require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 11. In no event shall Alternate Payee have any greater righte than those which are available to Participant. 12. This Order has been submitted to the Plan Administrator and has been d~termined to satisfy the requirements of a Qualified Domestic Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Ordor as such is defined under S414(p) ot the Internal Revenue Code of 1986, as amended. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order. ,.... 1 .~" Edgar ~. a,ft}, ) Wayne F. Shade, Esquire Attorney for Plaintiff WAYNI, 1', SUAIlH Mr. Dona ld R. Brehm AU",,,,,.. I... Defendant ~JWull""llrrtt Klrtrl ('I,lIllf, I\-NU71~1J\1. I 111 I! -3- DORIS V. BREHM, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. DONALD R. BREIIM, Defendant NO. 1420 CIVIL 1994 IN DIVORCE ORDER OF COURT AND NOW, this ~ day of June, 1995, Defendant's having bsen served with a certified copy of Plaintiff's Motion for Modifioation of Qualified Domestic Relations Order on May 11, 1995/ and Defendant's having failed to rospond, the RUle issued May 9, 1995, is hereby made absolute; and the foregoing Modified Qualified Domestic Retations Order is hereby issued. Upon receipt of the funds from PPG Industries, Inc., Plaintiff shall file a stipulation with the Domestic Relations Office of Cumberland county, Pennsylvania, that her order of spousal support is paid through and including April 17, 1996. In tho eVent of reduction or termination of Plaintiff's Order for sp~usal support, Defond~nt shall be entitled to c~edit or reimbursement for any advancements of spousal support oovering the period after modification or termination. , .' By the court, ,,' Wayne F. Shade, Esquire /( Attorney for plaintiff (" f f/, 1'1 f ~1 -1"1< ( i!t,l Mr. Dona ld R. Brehm A (,' II l J.. 0 Defendant .., /' 'f ~ I "I .(, L ,,, ll..c ",,-. WAYNI! F, SHAUl! Anum.)'..l.... 5) WUI ".nrrrt 111m' ('.tllll" 1"'lUu~I~MI. 17Ull -4- ", I. '~.'I ". " . WAYNE F, SlIAUI! AIlor'IW)1II taw n Wu. Pootrrll Kt"rl ('.rll_I.. fll\llll)lvlUlll 11111,1 DORIS V. BREHM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL Ar.'rIoN - LAW NO. 1420 CIVIL 1994 v. DONALD R. BREHM, Defendant IN DIVORCE PLAINTIFF'S MOTION FOR SUPPLEMENTAL QUALIFIED DOMESTIC RELATIONS ORDER TO THE HONORABLE, THE JUDGES OF SAID COURTI AND NOW, come$ Plaintiff DORIS V. BREHM, by her attorney, Wayne F. Shade, Esquire, and respectfully represents, as followsl 1. Plaintiff DORIS V. BREHM is an adult individual who resides at 100 B street, Plainfield, Cumberland county, Pennsylvania 17081. 2. Defendant DONALD R. BREHM is an adult individual whose last known mailing address is 19 Old West Liberty Road, Sykesville, Mat'yland 21784. 3. On April 17, 1995, atter hearing, your Honorable Court in the person of the Honorable Edgar B. Bayley, J., issued a Qualified Domestic Relations order, a copy of which is attached hereto aa Exhibit "A" and incorporated herein by reference as though fully set forth. I I r I' 4 . On May 1, 1995, counsel for Plaintiff received a letter from PPG Industries/ Inc. dated April 28, 1995, a oopy of whioh is attaohed horeto as Exhibit HBH and incorporated herein by reference as though fully set forth. 5. said letter of April 28, 1995, from PPG Industries, Inc. illustrated the difficulties in complying with the particulars of the various qualified plans across the nation. 6. Upon receipt of the letter from PPG Industries, Inc., Plaintiff obtained, from the PPG Plan Administrator, advance approval of a Modified Qualified Domestic Relations Order, a copy of which is attached hereto as Exhibit HeH and incorporated herein by refer.ence as though fully sot forth. 7. Plaintiff then filed a Motion for Modification of Qualified Domestic Relations Order with your Honorable Court on May 3, 1995. 8. A RUle was issued upon Defendant on May 9, 1995, to show cause why the Modified Qualified Domestio Relations Order should not be issued. WAYNP. F, SIfAIlP. Attunwy.IIAW 5) w... ~lWirrrt Kim. l'.r1I.If, Pmn.ylvanll Imll -2- WAYNP. F, SHAlln Anl,)f1lt~ at I..w 5)W..l Pulnr"" fllIY!:t (',rib". hMI1lvllt'ila 1701l 9. When Defendant did not respond after service, your Honorable Court issued the requested Modified Qualified Domestic Relations Order on June 8, 1?95. 10. When Plaintiff sent to the PPG Plan Administrator the pre approved Modified Qualified Domestic Relaticns Order of June B, 1995, Plaintiff received a letter from PPO Industries, Inc. dated June 16, 1995, a copy of which is attached hereto as Exhibit "0" and incorporated herein by reference as though fully set forth and which, essentially, indicated without saying so that the PPG Plan Administrato~ ~rrcneou61y approved the Modified Qualified Domestic Relations order of June 8, 1995. 11. The bottom line is that the PPG Plan Administrator has no problem with distributing the $1,089.44 referenced in Paragraph 6 (b) of the Modified Qualified Domestic Relations Order of June 8, 1995; but the order simply cannot refer to it as on account of mortgage default. 12. In recognition of the hardships imposed upon Plaintiff due to the error of the PPG Plan Administrator in preapproving the Mcdified Qualified Domestic Relations order, the PPG Plan Administrator has agreed to disburse the funds referenced in paragraphs 6 (a) and (c) of the Modified Qualified Domestic -J- , , I, Wayne F. Shade, Esquire, verify that I am the attorney for Plaintiff herein, that I make this verification on her behalf, being authorized to do so, and that the facts set forth ~n the foregoing Motion are true and correct to the best of my knowledge, information and belief. r understand that false statements herein are made sUbject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dater July 7, 1995 tU~ E~ Wayne Brshade " , 'I' , , I , , " " , "I / H' Ie' " 'I i"lf , I" WAYNll F, SHAlW AlhWl'lf) tll.aw UWut PtJIllrrrt Hlrnl (',rllllr, Pn\n.)'I~lI\h, 11011 , , ,II .. (: , pOlUS V. llREHM, Plaintiff IN 'l'11E COIIR'!' 01' COMMON PLEA,S OF CUMBER~ANP COUNTY, PENNSY~V^NIA CIVI~ AC'l'ION - I,AW v. NO. 1420 CIVIL 1994 DONALD R. BREHM, pefendant rN DIV01WlI AND QUALIFffiD DOMESTIC RELATIONS ORDER NOW, this /1 ~ day of April, 199B, after headnq and , upon Motion of Wayne F. Shade, EsqUire, attorney for Plaintiff DORIS V. 'BREHM, it is ordered and decreed, as followfll 1. The purpose of this Order is to provide interim ~quitabl. relief for the enforoement of the obliqations of Defendant and the preservation of marital property aqairBt foreclosure under the provisions of 23 Pa.C.S. 53505 and Pa.R.C.P. 1920.43 and in all respects oonsi8~ently with the federal preemptive requirements of a "Qualified Domestio Relations Order" as defined in 54104 (p) of the Internal RevenUe Code of 1986, as amended. 2. This order applies to the PPG Industries Employee savinqs Plan (hereinafter reterenced as "Plan"). 3. Partioipant known mailinq address is DONALD R. BREHM, whose ourrent and last is 19 Old West Liberty Road, sykesville, '. Maryland 21784, and whose Sooial security number is 184-38-1793. 4. Alternate Payee is DORIS V. BREHM who was born on Mareh 8, ~947, whose current and last known mailinq address is 100 B Street, plainfield, Pennsylvania 17081, and whose Sooial Seeurity number i8 167-40-4442. ElCHlliIT "A" " " " " 5. Participant's entire account in the Plan is marital property and GulJject to attachmont for anforcement of Orders of this court and for preservation of other marital pL'operty. 6. ~ffective April 20, 1995, the following is to be withdrawn from Partioipant's account in the Plan for Alternate Payee I (a) $3,840 to the Domestio Relations Offioe of cumberland county, Pennsylvania, on aocount ot spousal 8upport arrearagesl (b) $871.56 to First Federal of Harrisburg to be applied to the loan default I and (0) $768 per month to the Domestio Relations Oltioe ot Cumberland county, Pennsylvania, on the 17th day ot eaoh ~onth, eommenoing May 17, 1995, on aooount of tuture spousal, 8upport. 7. ~hese funds shall be withdrawn tirst trom the inoome fund ot contract II and after exhaustion ot the ineome tund ot contraot II from the PPG stock Fund ot contraot I. 8. Any income tax withholdings whioh the Plan is required to make shall be made trom remaining tunds in Part~eipant'8 aeeount so that Alternate Payee reeeives the tull amount ot the award8 herein. 9. This order does not require the Plan to provide any type or torm ot benetit, or option not otherwise provided under the Plan, or require the payment ot any benetit to Alternate Payee whioh is required to be paid to another Alternate Payee under ..' ..~ -2- " " . ,,' /lI1othor O/:'dor preV.lolllily determined to be a QllalifJ,ed Domestic Ralations ordor; or roquiro tho Plan to provido incro86ed benefits which r06ult from future contributions to the Plan. Any 'provision of this Ordor which appears to be otherwise shall be null and void and have no eUeot. 10. In no event, shall Alternate Payee hove any qreater riqhts than thOSe which are I\vailable to Participant. 11. The parties shall promptly submit this Order to the plan Administrator for determination of its status as a Qualified Domestio Relations Order. IT IS INTENDED that this Order shall qualify as a Qualified Domestio Relations Order as suoh is defined under 54104(p) of the Internal Revenue Code of 1986, as amended. The Court retains jurisdiotion to amend, this Order ae miqht "e neoessary to establish or maintain its stat,us as 11 Qualified Domestic Relations Order. /" By th'cour I Wayne F. Shade, Bsquire Attorney for Plaintiff Hr. Donald R. Brehm Defendant "~, -3- TRUE OOPY FROM RECORD In TIlS~mOl\Y w~llfeol, I htlre unto set my And the ~I 01 said Coo at Carlisle, Pa. Thl Y 01 . ' ' 19 " '. , , .' w ," PPO Induel,ln, Ino, Ono PPO Pia.. PIUabij,gh, PonnaylvBnlB 1 &272 USII I Law llf98nm.nl ToI~y No" (411) 4~.,j"1 Wrtl... D1/fOl bItI NO,I (41:1) 434-2440 April :all, lUS wayne ,. Shade, Isquire 53 We.t Pomfret Street Carli.le, PA 17013 Ree D~ri8 v. RrAhm v. DonAld R. Rr.hm Dear Mr. Shade. on April 24, 1996, PPG Industries, Inc. was .erved with a certified copy of a Qualified Domestic Relation. Order enter.d in the Court of C~nmon Pleas of CUmberland County, Pennsylvania, on April 17, lUlL JUdi A. L.wis, Isquire, of PPG's Lnw Department has reviewe4 the Or4er and has determined that the Order does not meet the requirement. of a Qualified Domestic R.lations Order (QDRO) as that tetm i. defined by the Retirement Bquity Act. I am writing to you on behalf of Mrs. Lewis. Please be sure your revi.e4 document ad4r..... the following point.. Paragraph No.1.. Please change ,4101(p) to 1414(p). Paragraph No. << -- The effective 4ate of a di.tribution to an Alternate Payee must be the last day of a month b.caus. all account. in the Plan are valued once per month, on the l..t 4ay of each month. It will be acceptable to change the date of April 20, 1915 to April 30. 1996, if your revised Order will be .igned by the Judge and presented to us no later than May 10, 1995. If, however, the r.vi.e4 Or4er i, not .igned by the Judge and pre.ented to u. until .ft.r that date, the effective date mu.t be changed to May 31, 1995 or the last 4ay of a month thereaf.ter. E"HIBI'!' "B" " " ," ~)ugo 'l'wo Mr, wayno p, Shade April 20. 1995 You should understand that moneys are actually diotributed to Alternate Payeee six to eeven weeks after the etfective date containecl in a QDRO, l,'or example, it the effective date ia Apdl 30, 1995, the Alternate Payee may expect to receive her money during the third week of June, E.lIragraphs No, 61a\, 61h\ and 6J.cl -- All ot these paragraphs must be deleted for two reasons -- tirst, beoause distributions from the Plan must be made payable and mailed to the Alternate Payee and, second, because wo cannot set up a sohedule of monthly payments. In order to set up a sohedule of monthly payments, we would have to eotablish an acoount in our Plan for the Alternate payee and we do not set up aooounts in our Plan for Alternate payees. Paragraph No.7 -- This paragraph must be revioed to state a speoifio dollar amount whioh io to be withdrawn from the partioipant's aooount in the Plan and distributed to the Alternate Payee. You must also speoifioally state the dollar amount to be withdrawn from eaoh Investment Fund and eaoh Contract within the aooount for the Alternate Payee. For example language, please reter to the sample QPRO whioh I sent to you with my letter dated April 3, 1995, Paragraph No.7, Page 2. Allot the moneys oontained in Contraot I of the participant's aooount in the Plan are taxable and approximately 23' of the moneys oontained in Contraot II of the participant's acoount in the Plan are taxable. The Alternate Payee must decide if she would like to rollover the taxable portion of her distribution to an Individual Retirement Acoount (IRA) or to another tax-qualified plan, or if she would like to waive her rollover option and have the Plan Administrator withhold 20t of the taxable portion of her distribution tor federal tax purposes, The Alternate payeo's decision must be included in your revised QORO. For example language, please refer to the sample QORO whioh I sent to you with my letter dated April 3, 1995, Paragraph No.8 and Paragraph No.9 on Page 2. Raxal1roph No, 8 -- This paragraph must be deleted. The Internal Revenue Code is olear that an Alternate Payee must pay tax on all distributions made pursuant to a QDRO (soo 26 U.S.C, 5402(a) (9)), In the Paragraph follOWing Paragraph No. 11, please ohange 14104 (p) to 5414 (p) , " , ' . , , ~~h.... " Page 'l'hre13 Mr. Wayne F. Shade "prU :l6, 1995 It you have any que.tion., plea.e contact me. l~alJ COI D. R. Brehm D. V. Brehm J. A. Lawi., ..qu1~a " , ! , , o.i , , " " " " " , " ; ." 'I ",,'. . v. IN 'l'IIE COl/H'!' OF' COMMON PLEAS OF CUMBERLAND COUNTY, P~NNSYLVANIA CIVIL ACTION - LAW NO. 1420 CIVIL 1994 DORIS V. BREHM, Plaintift DONALD R. BREHM, Defendant IN DIVORCf: MODIFIED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 1998, upon consideration ot the Motion ot Plaintiff tor modification ot the Qualitied Domestic RelationB order of April 17, 1998, to contorm to the requirements of the Plan, it is ordered and decreed, aa follows I 1. The purpose of this order is to provide interim equitable relief for the enforcement of the obligations of Detendant and the preservation of marital property against foreolosure under the provisions of 23 Pa.C.S. 53808 and Pa.R.C.P. 1920.43 and in all rospeots oonsiatently with the federal preemptive requirements of a "Qualifiod Domestic Relations Order" as defined in 5414(p) of the Internal Revenue Code of 1986, a8 amended. 2. This Order applies to the PPO Indu8tries Employee Savingo Plan (hereinafter referenced as "Plan"). 3. Participant is DONALD R. BREHM, whose current and last known mailing addro8B is 19 Old West Liberty Road, syke8ville, Maryland 21784, and whose Social Security number ia 184-38-1793. 4. Alternate Payee is DORIS V. BREHM who was born on March 8, 1947, whose current and lest known mailing address is 100 B ., EXI:I13I':' "e" " street, IJlainfield, Pennsylvaniu n061, ano whose social security number is 167-40-4442. 6. Partioipant's entire aocount in the Plan is marital property and subjeot to attachment for enforcement of Orders Of this Court and for. preservotion of other marital property. 6. Effeotive May 31, 1995, the followinq are to be paid from Participant's acoount in the Plan to Alternate Payeel (a) $4,800 on aooount of spousal support arrearaqes, (b) $1,089.44 on aooount of the mortqaqe default to First Federal of Harrisburq/ and (0) $11,1520 Oil aocount of spousal support from Hay 17, 19915, throuqh and inoludinq April 17, 1996. 7. Of the aforesaid oombined distribution of $17,409.44, the first $8,6158.01 shall be withdrawn from, the income fund Of contract II, and the balanoe shall be withdrawn from the PPG stock Investment Fund of Contract I. The withdrawals from the PPG stock Investment Fund are to be in cash as oppos.d to shares ot PPG stock. 8. The nontaxable portion of Alternate payse's distribution shall be paid directly to Alternate Payee. 9. The taxable portion of Alternate Payse's distribution shall be paid directly to Alternate Payee. Alt.rnate Pay.. is aware ot her rollover option and understands that the Plan Administrator will withhold twenty (20') percent ot the taxable portion of Alternate Payee's distribution for foderal tax.s. -2- " 10. Thin Order dooe not roquiro tho Plon to provide ony type or form of benefit, or option not otherwise provided under the Plan, or require the payment of any benefit to Alternate Payee whioh is required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestio Relations order, or requir.e the Plan to provide inoreased benefits whioh result from future oontributions to the Plan. Any provision of this Order whioh appears to bn otherwise shall be null and void and have no effeot. 11. In no event shall Alternate Payee have any qreater riqhts than those whioh are available to partioipant. 12. This Order has bsen submitted to the Plan Administrator and has been determined to satisfY ths requirements ot a Qualitied Domestio Relations Order. IT IS INTENDED that this Order shall qualify as a Qualitied Domostio Relations Ordor as such is defined under 5414(p) ot the Internal Revenue Code ot 1986, as amended. The Court retains jurisdiotion to amend this order as miqht be neoessary to establish or maintain its statuB as a Qualitied Domestie Relations Order. By the court, Edqar B. Bayley, J, Wayne P. Shade, Esquire Attorney tor Plaintitt Hr. Donald R. Brehm Detendant I , tl , , ~3- .. " !pI . , w "PO 'nduI'''.I, Ino. Onl PPG Pllce Pllltburgh, Plnnoytvonll lU7' UtA ~~I T 'No,t (.,11I........' WrllII'O 01/1OI11I01 Ho,' (412) 434-2440 l1Un. 1&, U,IJ. " nnM.R~rc COURI.R REoumaT Wayne F. Shade, Esquire 53 West Pomfret Street Carlisle, PA 17013 ReI QoriR V. Br.hm v. Donald R. RrAhm Dear Mr. Shadet On June 14, 1995, PPG Industries, Inc. was served with a certified copy of a Modified Qualified Domestic Relations Or4er entered in the Court of Common Pleas af cumberland county, Pennsylvania, on June 8, 1995. Judi A. Lewis, Esquire, of PPG's Law Department has reviewed the Order and has determined that the Order does not meet the requirements of a Qualified Domestic Relations Order (QDRO) as that term i. defined by the Retirement Equity Act. I am writing to you on behalf of Mr., Lewil, Please be sure your revi.ed document addresses the following pointsl Mrs. Lewis has stated that payments to prevent foreclosures on mortgages are not permitted under a QDRO, that a QDRO can only be for the purpose of division of marital property and/or support (alAI 26 U.S.C. 414(p) (1) (8) (i)). Therefore, please amend Paragraph No.1 and Paragraph No. 6(b) of your Order. EXHIBIT "D" 't ;~ WAY"! F. SHAll! A......,....... S) ...... ....",. IlmI Cartl.~, ,.,..,""'11 11011 DORI B V. BREHM, PlaintJ.tf ~N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNS~LVANIA CIVIL ACTION - LAW v. DONALD ~. BREHM, Defendant NO. 1420 CIVIL 1994 IN DIVORCE SUPPLEMENTAL QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of , 1995, upon consideration of the Motion of Plaintiff to supplement the Qualified Domestic Relations Order of June B, 1995, to conform to the requirements of the Plan, it is ordered and decreed, as follows I 1. The purpose of this Order is to provide interim equitable relief for the enforcement of the obligations of Defendant under the provisions of 23 Pa.C.B. 53505 and Pa.R.C.P. 1920.43 and in all respects consistently with the federal preemptive requirements of a "Qualified Domestic Relations Ordllr" as defined in S414{p) of the Internal Revenue Code of 1986, as amended. 2. This order applies to the PPG Industries Employee Savings Plan (hereinafter referenced as "Plan"). 3. Participant is DONALD R. BREHM, whose current and last known mailing address is 19 Old West Liberty Road, sykesville, Maryland 217B4, and whome social secu~ity number is 184-38-1793. 4. Alternate Payee is DORIS V. BREHM who was born on March 8, 1947, whose current and last known mailing address is 100 B Street, Plainfield, Pennsylvania 170B1, and whose Sooial security number is 167-40-4442. EXHIBIT "E" " 5. Participant's entire account in the Plan is marital property and subjeot to attachment for enforoement of Orders of this Court and for preservation of other marital property. 6. Effective th~ last day of the month coinoident with or next following the acceptance of this order by the Plan Administrator as a Qualified Domestic Relations Order, the sum of $1,089.44 shall be paid from Participant's acoount in the Plan to Alternate Payee. 7. The aforesaid distribution of $1,089.44 shall be withdrawn from the PPG stock Investment Fund of Contract I. The withdrawals from the PPG stock Investment Fund are to be in oash as opposed to shares of PPG stock. B. The distribution shall be paid directly to Alternate Payee as a taxable distribution. Alternate Payee iL aware of hut rollover option and understands that the Plan Administrator will withhold twenty (20%) percent of Alternate Payee's distribution for federal taxes. WAY"! F, SHAlla A......,.. Law S) W,,, ,..,,'" IIImI C..II, PtMI)IVMII 17011 9. ThiD Order doeD not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Planl or require the payment of any benefit to AltQrnate payse which is required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestio Relations Orderl or require the Plan to provide inoreased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. " -2- DORIS V. BREHM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT~, PENNSVLVANIA CIVIL ACTION - LAW NO. 1420 CIVIL 1994 IN DIVORCE v. DONALD R. BREHM, Defendant SUPPLEMENTAL QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of Auguot, 1996, upon consideration of the Motion of Plaintiff to supplement the Qualified Domestic Relations order of Juno 8, 1995, to conform to the requirements of the Plan, it is ordered and decreed, as followSI 1. Tho purpose of this Order io to provide interim equitable relief for the enforcement of tho obligations of Defendant under the provisions of 23 Pa.C.S. 53505 and Pa.R.C.P. 1920.43 and in all respects consistently with the federal preemptive requirements of a "Qualified Domestic Relations Order" as defined in 54141p) of tho Internal Revenue Code of 1986, as amended. 2. This Order applies to the PPG Industries Employee Savings Plan (hereinafter referenced as "Plan"). 3. Participant is DONALD R. BREHM, whose current and last known mailing address is 19 old Weot Liberty Road, Sykesville, Maryland 21784, and whooe Social security number is 1B4-3B-1793. 4. Alternate Payee is DORIS V. BREHM who was born on March B, 1947, whose current and last known mailing address is 100 B Street, Plainfield, Pennsylvania 170B1, and whoQe Social Security number is 167-40-4442. I' 5. Participant's entire account in the Plan is marital property and subject to attachment for enforoemont of Orders of this Court and for preservation of other marital property. 6. Effective t.he last day of the lnonth coincident with or next following the acceptance of this Order Py the Plan Administrator as a Qualified Domestic Relations Order, the sum of $l,OB9.44 shall be paid from Participant's account in the Plan to Alternate Payee. 7. Tho aforesaid distribution of $1,OB9.44 shall be withdrawn from the PPG stock Investment Fund of Contract I. The withdrawals from the PpG stock Investment Fund are to be in cash as opposed to shares of PPG stock. B. The distribution shall be paid directly to Alternate Payee as a taxable distribution, Alternate Payee is nware of her rollover option and understands that the Plan Administrator will withhold twenty (20%) percent of Alternate Payee's distribution for federal taxes. 9. This Order does not require the Plan to provide any type or form of bonefit, or option not otherwise provided under the Plan I or require the payment. of any benefit to Alternate Payee which is required to be paid to another Alternate payee under another Order previously determined to be a Qualified Domestic Relations Order; or require the Plan to provide increasad benefits which result from future contributions to the Plan. Any WAYNP. F, SHAllI! ^nomt~ II Law 5lWntPull\(ITI/fII\'(1 ('atll.lt, PtM.)I~,"11l 11011 -2- DORIS V. BREHM, Plaintitt I IN TilE COURT OF COMMON PLEAS OF ~ CUMBERLAND COUNT~, PENNSVLVANXA t CIVIL ACTION - LAW t t NO. 1420 CIVIL 1994 t t IN DIVORCE I . I' I I' WAYIf.. F. SHAlla A....., .. "aw llW..."""""IIl.... l'utlalr, Pnw~IYMLa 17011 v. DONALD R. BREHM, Defendant ORDER OF COURT AND NOW, this ~ day of August, 1995, Defendant's h~vin9 been served with a copy of Plaintiff's Seoond Motion for MOdification of Qualified Domestic Relations Order on July 13, 1995, and Defendant's having failed to rempond, thQ Rule issued July 11, 1995, is hereby made absolutel and the foregoing Supplemental Qualified Domestic Relations Order ~ hereby issued. . " / J. Wayne F. Shade, Esquire Attorney for ~laintiff Mr. Donald R. Brehm Defendant ,; j\' Ji t( I, Wayne F. Shade, Eaqulre, verify that I am the attorney for plaintiff herein, that r make this verification on her behalf, being authori~ed to do so, and that the facts set forth in the foregoing Motion are true and correct to the best of my knowledge, information and belief. r understand that false 8tatements herein are made sUbject to the penalties of 1B Pa.C.S. 54904 relating to unsworn falsification to authorities. Datal August 2, 1995 wa~~~ , , I ' 'I, ' 'I' " " I' "I , , " "'I' WAYIf~ F, SHAIlI! ^""""'" lAW 53 W,., Poo.rrtl 8Iml ('arUatt, PrM.~IY"'h. 11tJ11 , I, 1.'1 , , , . .i ,,) " , ' , I , "I d' " ,I. l' ~ "" ~ ~ '" ~ . i Fi ~] J 3 - , I i ~~ . ~~ i ~ ~ I ~ IS<~! ~ ~- , 'I ' , ' , 1'1 I , ' , . WAYl'IB F, SHADD A-,..I.lw 51 W,,, ...",. _ C_, ,.,..,...... 11011 DORIS V. BRilHM, I IN THE COURT or COMMON PLEAS OF Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW v. I I NO. 1420 CIVIL 1994 DONAt,D R. BRIHM, I Defendant I IN DIVORCE ORDER OF COURT AND NOW, this h 1/ day of v'LfvA , 1996, upon '"\ consideration of the within Petition and upon motion of Wayne F. Shade, Esquire, attorney for Plaintiff, a Rule is issued upon Defendant to show oause why the Court should not issue the Qualified Domestic Relations Order attaohed to the within Petition for payment of the epousal support Order from May 17, 1996, through April 17, 1997. _ Rule returnable within ~ days ot date of service hereof. By the court,1 /. , /,1 " ~d~a>tt,~' 'J. ,) Wayne F. shade, Esquire Attorney for Plaintiff Mr. Donald R. Brehm Defendant A . m.od...( ,~/'Iqfo' r~~t~ . V .A'f' " DOlUS V. BREHM, I IN THE COURT or COMMON PLEAS or Plaintiff I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIl, ACTION - LAW v. I I NO. 1420 CIVIL 1994 DONALD R. BREHM, I Defendant I IN DIVORCE PLAINTIFF'S SECOND PETITION FOR INTERIM RELIEF TO THE HONORABLE, THE JUDGES OF SAID COURT I AND NOW, oome. Plaintiff DORIS V. BREHM, by her attorney, Wayne F. Shade, Esquire, and re.peotfully represent., a. follow.1 1. Plaintiff DORIS V. BREHM i. an adult individual who re.ide. at 100 B street, Plainfield, Cumberland County, penn.ylvania 17081. 2. Defendant DONALD R. BREHM i. an adult individual who.e l..t known mailing addre.. is 19 Old West Liberty R~ad, Sykesville, Maryland 21784. 3. On April 17, 1995, your Honorable Court in the person of the Honorable Edgar B. Bayley, J., conduoted a hearing for enforcement of spou.al .upport. 4. At the date of the hearing, Defendant wa. five month. in arrear. of the apou.al support order in the amount of $768 per month, and Plaintiff was in reoeipt of notic.. of foraolo.ure on the two mortgages againRt the marital home whioh ahe wa. W A YIfB F. SHAllB A....., "14W ocoupy ing. 5IW...__ (.artl,~, ......'I"'1lIt 11011 WAYN1l F, SHADP. AIIonlo)''''''W IIW...__ c......., "-YI>IIIi' 11011 5. Defendant did not appear at the he.rinv. 6. A. a re.ult of the hearin9, Plaintiff'. reque.t for enforcement of .pou.al .upport a9ainst Defendant'. employ.. benefit account. at PPG Indu.trie., Inc. Under a Qualified Dome.tic Relations Order wa. 9ranted. 7. In the prooess of obtainin9 approval of the Qualified Domestic Relations Order by the admini.trator of the PPG Plan, it wa. neces.ary to file variou. motione for modifioation of the Qualified Domestic Relations Order. 8. One modification was necessary to obtain an order for advance payment of a year'. worth of spousal .upport becau.e the Plan would not make monthly payments to the Domestic Relation. Office. 9. Another modification was necessary to increaee the monthly support amount from $768 per month to $960 per month becau.e the Plan would be withholding twenty percent of the payment. for federal income tax purposes. 10. Defendant was served with copie. of all of the .ubsequent motion., and he never re.ponded in any r..pect. -2- I' 'i' I , ! I I I 11. After the various modifications of the Qualified Domestic Relations Order, $11,~30 were paid to Plaintiff for spousal support from May 17, 199~, throuqh and incllldinq the payment due April 17, 1996. I 13. As a result of this payment, Plaintiff certified to the Dome.tic Relations Office of Cumberland County, Pennsylvania, that the Order of support at No. 33,925 was paid throuqh and includinq April 17, 1996. 13. Defendant has made no support payments between the date of the hearinq in this Court on April 17, 1995, and the date of this Petition. 14. Plaintiff's financial circumstance. have not improved between the date of the hearing in this Court on April 17, 199~, and the date of this Petition. 1~. Plaintiff believes and therefore aver. that approximately $1~,000 remain in the employ.e benefit account. of Defendant at PPG Industries, Inc. WHEREFORE, Plaintiff respectfully requests that your Honorable Court issue a RUle upon Defendant to show cau.e why your Honorable Court should not issue the Qualified Dome.tic WAYlfII p, SHAIlR A-.y .. Ltw II ...... ...",. _ t......., """"101o 17011 -3- I, Wayne r. ~hade ..quire, verify that I a. the attorney for Plaintiff herein that I .ake thi. verification on her behalf, bein9 authorl.ed to do .0, and that the fact. .et forth in the fore9oin9 petitiQn are true and correct to the be.t of .y knowled9_, infor.ation and belief. I under.tand that fal.. .tate.ents herein are .ade ,ubieat to the penaltie. of 18 Pa.C.8. 14g04 relatin9 to un.worn tal.ltiaation tQ authoriti... Dat.1 April 26, 1996 wa~~~~ WA\'NIl JI, SHAll! ........, II ..... II Will ...",. ...... ~, ....- 11011 Ii " , I , , ., ~ Ii ,\ " " WAYMI F, SHAlln A.....' .. La" IIW.......,..._ C.,u,Io, _,~..II 17011 DORIS V. BREHM, I IN THE COURT or COMMON PLIAS or Plaintift I CUMBERLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW v. . I NO. 1420 CIVIL 1994 DONALD R. BREHM, I Defendant I IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day ot , 1996, upon oonaideration ot the within Petition and upon Motion ot Wayne r. Shade, lequire, attorney tor Plaintift, it ia ordered and decreed, ae tollows. 1. The purpoae ot thia Order is to provide interim equitable relief for the enforcement ot the obligationa ot Detendant under the provisions of 23 Pa.C.S. 53505 and Pa.R.C.P. 1920.43 and in all respecta consistently with the federal preemptive requirements of a "QuaUt1ed Domeetio Relation. Order" a. defined in 5414{p) of the Internal Revenue Code ot 1986, aa amended. 2. Thi. Order appliea to the PPG Industrie. Employe. Savinqs Plan (hereinatter referenc.d a. "Plan"). 3. Partioipant i. DONALD R. BREHM, who.. current and la.t known mailinq addres. is 19 Old West I.iberty Road, syke.ville, Maryland 21784, and who.e social seourity number i. 184-38-1793. 4. Alternate Payee i. DORIS V. BREHM who was born on Maroh 8, 1947, who.e current and last known mailinq addre.a i. 100 B street, Plaintield, Pennaylvania 17081, and who.e Sooial Seourity number i. 167-40-4442. WAYM! p, SHAllll A....., .. Law 5IW,......,..._ C_,_,~1IIiI 17011 5. Participant's .ntir. aocount in the Plan i. marital prop.rty and subject to attaohment for .nforcem.nt of Ord.r. of thia Court. 6. Eff.otiv. the la.t day of the month coincid.nt with or next followin9 the aooeptance of this Ord.r by the Plan Admini.trator a. a Qualifi.d Dom..tic R.lation. Order, the .um of $11,520 shall b. paid from the Participant'. aocount in the Plan to Alternat. payee on account of .pousal support from Hay 17, 1996, through and including April 17, 1997. 7. If any portion of the withdrawal is from the PPG stock Inv..tm.nt Fund, the di.tribution i. to b. in ca.h as oppo.ed to shar.. of PPG .took. 8. Alternat. Payee'. distribution .hall b. paid dir.ctly to Alternate P'yee. Alternate Payee i. aware of her rollover option and under.tand. that the Plan Administrator will withhold twenty (20t) percent of the taxable portion of Alternate paye.'s di.tribution for federal taxes. 9. Thi. Order does not require the Plan to provide any type or form of ben.fit, or option not otherwi.e provided under the Planl or require the payment of any benefit to Alternate P.yee which i. required to be paid to another Alternate Payee under anothet' Order previoully determined to b. a Qualifi.d Dom..Uc RelAtion. order, or require the Plan to provide inor....d ben.fits which result from future contributions to the Plan. Any provi.ion of this Order Which appears to be otherwi.e shall be null and void and have no .ffeot. -2- I" , i( ~ ~ 'I 'j I, " ""1, j,; I I I j ~~ ~i ~ ~~j~ ~ '" ~ - 6 J 3 j i i~ ~~~ ~~ , 'M I~ ~ ~ ~ (!J Itl,~ ~ Vl I'll ~ I ! I ~]~t .rl , '.... . pp. I> P<l2l ~~ Vl ~ t;;l 2- ~n u ..---- -..-- " ,;1" I I I I I . . . . , ~ APR :i i) Ii" l,fJf DORIS V. BREHM, Plaintiff I, IN THE COURT or COMMON P~IAS or 1 CUMBERLAND COUNTY, PENNSY~VANIA 1 CIVI~ ACTION - LAW 1 1 NO. 1420 CIVI~ 1994 1 1 IN DIVORCE v. DONA~D R. BRBHM, Defendant QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, thb day of , .uu, upon condderation of the w1thin Petition allu upon Mot10n of Wayne r. Shade, Esqu1re, attorney for Plaint1ff, it 1s ordered and decreed, as follow.l 1. The purpo.e of th1. Order 1s to provide 1nter1m e~u1table re11ef for the enforoement of the ob11gat10ns of Defendant under the provis10ns of 23 Pa.C.S. 53~0~ and Pa.R.C.P. 1920.43 and 1n all respects oonsistently w1th the federal preemptive requ1rementr:s of a "Qual1t1ed Domestio Relat1on. Order" as defined 1n 5414{p) of the Internal Revenue Code of 1986, a. amended. 2. Thi. order applie. to the PPG Industr1es Employee sav1ng. Plan (here1nafter referenoed a8 "Plan"). 3. Part1cipant 18 DONALD R. BREHM, whORe current and la.t known ma11ing addre88 i8 19 Old West Liberty Road, Syke8ville, Maryland 21784, and whose Sooial seourity number is 184-38-17g3. 4. Alternate Payee i8 DORIS V" BREHM who was born on March 8, 1947, wh08e current and la8t known mailing addre.. 1. 100 B street, Plainf1eld, Penn.ylvan1a 17081, and who.e Sooial Secur1ty number 1. 167-40-4442. WAYIlI P. IHAD! ~.'-'" 51 Wool ...". _ ~-''''''' 11011 .{,;.;:, '{I , ~ WAYIII '.SHAlIR ~ _law It WIll ...". _ CdtIo, ~... 1701* e. Participant'. entire account in the Plan is .arital property and subject to attachment tor entorcement ot order. ot thb Court. 6. Ettective the last day of the month coinoident with or next tollo~in9 the acceptance ot this Order by the Plan Ad.ini.trator a. a Qualitied Domestic aelations Order, the .u. ot $11,e20 shall be paid tro. the Partioipant's acoount in the Plan to Alternate payee on account ot .pousal support tro. Hay 17, 1996, through and inoluding April 17, 1997. 7. It any portion ot the withdrawal is trom the PPO stock Investment Fund, the distribution is to be in oash a. opposed to .hare. ot ppa stock. 8. Alte.rnate Payee'S distribution .hall be paid direotly to Alternate Payee. Alternate payee is aware ot her rollover option and under.tands that the Plan Administrator will withhold twenty (20') percent ot the taxable portion ot Alternate Payee'. distribution tor tederal taxes. 9. This Order doe. not require the Plan to provide any type or torm of benetit, or option not otherwi.e provided under. the Plan/ or require the payment of any benetit to Alternate Payee which is required to be paid to another Altornate Payee under another Order previously determined to be a Qualitied Dome.tic aelations order/ or. require the Plan to provide increased benetits which result from tuture contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. -2- .......'t~ DORIS V. BRIlHM, plaintiff I IN TH. COURT or COMMON PLEAS or t CUMBIlRLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I I NO. 1430 CIVIL 1994 . . IN DIVORCE v. DONALD R. BREHM, Defendant QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, thia ~...... day ot June, 1996, upon conddention ot the within Petition and upon Motion of Wayne F. Shade, Eequire, attorney tor Plaintiff, it is ordered and decreed, ae tallows. 1. The purpose of this Order is to provide interim equitable relief for the enforcement of the obligations ot Defendant under the provisions of 23 Pa.C.S. 5350~ and Pa.R.C.P. 1930.43 and in all respects oonsistently with the tederal preemptive requirements of a "Qualitied Domestic Relations order II as defined in 5414{p) of the Internal Revenue code of 19B6, ae amended. 2. This Order applies to the PPG Industries Employee saving. Plan (hereinatter referenced a. "PlanU). 3. Partioipant is DONALD R. BREHM, whose current and last known mailing address is 19 old West Liberty Road, Sykesville, Maryland 21784, and whose Social Security number is 184-38-1793. 4. Alternate Payee ia DORIS V. BREHM who was born on Maroh 8, 1947, whose current and last known mailing add res. i. 100 B Street, Plainfield, Pennsylvania 17081, and whose Social Security number ie 167-40-4442. WAYII1I P. SHAlla A......" ....... 5111'........"._ C_,,,,",,,IvOlll 11011 5. Participant'. entire acoount in the Plan i. marital property and .ubject to attaohment for enforcement of Order. of this Court. 6. 2ffective the la.t day of the month ooinoident with or next followin9 the aooeptanoe of thiR Order by the Plan Administrator as a Qualified Dome.tic Relation. order, the .um of $11,520 .hall be paid from the Participant's account in the Plan to Alternate Payee on account of spousal support from May 17, 1996, throu9h and includin9 April 17, 1997. 7. If any portion of the withdrawal is from the PPG stock Investment Fund, the distribution is to be in oash a. oppo.ed to shares of PPG stock. 8. Alternate payee'e distribution shall be paid direotly to Alternate paye.. Alternate Payee i. aware of her rollover option and under.tands that the Plan Administrator will withhold twenty (20') percent of the taxable portion of Alternate Payee'. distribution for federal taxes. 9. Thi. Order does not requir~ the Plan to provide any type or form of benefit, or option not otherwise provided under thu Planl or require the payment of any benefit to Alternate Payee whioh is required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Dome.tic Relations Order I or require the Plan to provide inoreased benefit. which result from future contributions to the Plan. Any provision of this order which appears to be otherwi.e .hall be null and void and have no effeot. -2- 10. In no event ehall Alternate Payee have any qreater riqhts than thoee whioh are available to Participant. 11. Thie Order has been eubmitted to the Plan Adminietrator and has been ~etermined to eatiety the requirement. ot a Qualitied Domeetio Relatione order. IT IS INTENDED that thie Order ehall quality ae a Qualitied Domestic Relatione order 08 euoh io defined under S414{p) of the Internal Revenue code ot 19B6, a. amended. The Court retaine juriediction to amend this Order a. miqht be neceeeary to eetablish or maintain ite statue a. a Qualitied Domestio Relatione order. I / By the cou~~, I / 1/ Wayne r. shade, Eequire Attorney tor Plaintitt Mr. Donald R. Brehm Detendant , . I I II ., '! ',;..' I I '\"~, i ~;li;:~. I , " 1'.1, L'" I r)> ,;0; .1 ., 1,." WAm F, SHAI>B A""""II..... SlW...__ CIIlIoIo, '-1"" 11011 -3- DORIS V. BREHM, plaintiff I IN THE COURT or COMMON PLEAS or I CUMBIRLAND COUNTY, PENNSYLVANIA I CIVIL ACTION - LAW I I NO. 1420 CIVIL 1994 I I IN OIVORCE v. DONALD R. BRIHM, Defendant ORDER OF COURT AND NOW, th18 day of June, 1996, Defendant havin9 been .erved on May 3, 1996, with a certified copy of Plaintiff'. Second Petition for Interim Relief and the Order of May 1, 1996, ie.ued pur.uant thereto, and Defendant'. havin9 failed to re.pond, the Rule issued May 1, 1996, i. hereby made absolute, and the foregoing Qualified Domestic Relation. Order is hereby i..ued. Upon reoeipt of the funds fr.om PPG Indu.trie., Inc., Plaintiff .hall file a .tipulation with the Domestic Relation. Office of cumberland county, penn.ylvania, that her Order of spousal support is paid through and inoluding April 17, 1997. In the event of reduotion or termination of Plaintiff" order for spousal support, Defendant shall be entitled to credit or reimbur.ement for any advanoements of spouDal .upport oovering the period after modifioation or termination. By the Court, Edqar B. Bayley, J. Wayne r. Shade, I.quire Attorney for Plaintiff WAYlfaP,SHAII! Mr. Donald R. Brehm A.....,....... Defendant 5lW...__ C_, _,,,MIl 17011