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HomeMy WebLinkAbout95-00582 ;'~-"-7 t';r;~ '. :~fY{;>. 'C ~\,~_; _o~ 1;~;~~ii ' , ,...::' :'; '.',' tt,,54i;; ; -'" '\~V .... ~~:"1r; gJtr.'" ~~\':ii.:'~,': , '. . ; -.} ~~: ~t')':",; .1 c '~ -5 .'.1 :, ;:1:. ;", . 0" '7', :';."' ,-;: " ;'~"::" i.-_' 'E .~ '~l ~ l{) \.c) 0' ..:+:.' ,:+:,' .:+:. .:.>' ':+> .:+:' .:+:,d,:+:...:+:, ':+:' ':.:' ':+:' .:.:. .:+:. .:+:. .:.:. .:.:' .:.:. .:.:. .:.:..:,...:.:-::.:.:,,;,:.:,;..:+:'...:.:. .:+:,.:.:. ,:+:';'.+:o':'i~ ~ ~ - -- ,-----~-- ,'; ~.' ~ .... . l': II, ,.' " '.; ~ :.' '. , ~ ~.~ ,:' ~ ~ a '.' ~ ~.' ~~ ~ ~, . IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF ~~~~ ~(~?;.,. COUNTY PENNA, ~ :.~ 8 v !.~ :1 ..IULLJ:AM,E,..HUTCHESON, ,SIl" ,d" Plaintiff N I), ,..,~,5..~..m, Civ.n...~rnt l) 95 ............ .... VPI':'\I~ ~ / ~ ~.~ ~ ~.. ~ '.' ," ,', ~ ~ ',' ~ '.~ ~ ~.~ ..JULIA, HU'J.'CHESON" " Defendant DECREE IN DIVORCE AND NOW, . . , . . , . . h.~~.~. . . . ::.r ~ , . " 19 .~)~. . ., It Is ordered and decreed that ,," ~~,~I;t;!\!'l..~:. !l,l!~~~.E:~9~! ..~~:, .. , .. , " , . .. '" plaintiff, and,.,.. ~~.~~~. f1,l!~~~,~~9~"...,..,. .""".,.' ..... ,.""," defendant. ore divorced from the bonds of matrimony, ~ '0 w ~ ,', ~ 8 " 8 The court retains lurisdlction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ~t;l.~~t:'!C;~~~~P?~Y, .~~~~,l~~.t. !l9.r~!l.t, ~~?? ~?y~.r. .3.0... ,1,9?5, ~;;,.",. ~~r~Y.~~99rP?f~~~,PY,F~~~f~r~.~r~9,~r~.p~yp~~~' ~F~~.,." ..., ."".", ~ ~ ~" ~ Q ~.' $ ?- " ~ ~ ~ By T e e";,,,r/l IJ ::f- AII..I' ~~IICi'Jta., f' tc:..k~'( 4:a;.H.,?f.7 ..2. . v LP / ,.~' '^.!. ?.\:i .... 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I I , I I, I I PIlOPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this .~O ~ day of "(lh-lr , 1995 by and between JULIA B, HUTCHBSON of Cumberland County, Pennsylvania (hereinafter referred to as WIFE), and WILLIAM B, HUTCHESON, Sr, of Dauphin County, Pennsylvania (hereinafter referred to as HUSBAND), WHEREAS, HUSBAND and WIFE were lawfullY married on September 12, 1959 in Northumberland County, pennsylvania, and; WHEREAS, five (5) children were born of this marriage, all of whom are emancipated adults, WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND and WIFE to live separate and apart for the rest of their natural lives, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support and alimony; and jn general, the settling of any and all claims by one against the other or against their reapective estates, NOW, THEREFORE, in consideration of the premises and of the mutual ptomises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is herebY acknowledged by each of the parties hereto, HUSBAND and 1 WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. Separation: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time chose or deem fit, The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. The parties acknowledge that they have been living separate and apart since November 1, 1994, 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3, Subsecruent Divorce: The parties hereby acknowledge that HUSBAND had filed a Complaint in Divorce on February 3, 1995 in Cumberland County, Pennsylvania to docket number 95-582 Civil Term, claiming that the marriage is irretrievably broken under the no- fault mutual consent provision of section 3301(c) of the Pennsylvania Divorce Code, WIFE hereby expresses her agreement that the marriage is irretrievably broken and expresses her intent to execute any and all affidavits or other documents necessary for the 2 '<c''- ~-~-~ .' -"""-,,.' ,....,.. parties to obtain an absolute divorce pursuant to Section (c) of the Divorce code. The parties hereby waive all rights to request court-ordered counseling under the Divorce Code. I t is specH ically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code, Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or. revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, It is specificallY agreed, that a COpy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. It is the specifiC intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties, 4, !late of ExecutiOn: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of 3 ~. execution by the party last executing this Agreement, 5. Distdbution Dill: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. G. Mutual Release: HUSBAND and WIFE each do hereby mutuallY remise, release, qUitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (inclUding income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse I s estate, whether arising under the laws of (a) Pennsylvania, (b) any state, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give to each other Ii Ii, h' by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all right and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof, It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claim which cach of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7, Advice of CounseJ: The provisions of this Agreement and their legal effect have been fully explained to WIFE by MARYANN MURPHY, ESQUIRE counsel for WIFE, and to HUSBAND by ROGER M. MORGENTHAL, ESQUIRE, counsel for HUSBAND, HUSBAND and WIFE acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being cntered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and , , 5 that it is not the result of any collusion or improper or illegal agreement or agreements, 8. Financial Disclosure: Attached hereto as Schedule "A" is the financial disclosure of the parties with respect to their assets and liabilities. The parties acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of incomo. Each party confirms that he or she is relying upon the substantial accuracy of the financial disclosure as an inducement to the execution of this Agreement, No representations or warranties have been made by either party to the other, or by anyone else, as to financial status of the other, except as expressly set forth in this Agreement and Schedule "A". 9. Warranty as to Existinq Obliqations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement, Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement, 10, PXISTING DEBTS: HUSBAND and WIFE agree that the onty marital debts are: the mortgage on the marital residence with a balance of approximately $62,000.00; and the home equity loan, 6 1 1.: souured by the marital residence, with a balance of approximately $13,285.00. WIFE agrees to be solely responsible for these debts and shall indemnify and hold HUSBAND harmless from any and all liability for flilme. 11. MARITAL HOME: The parties own, as tenants by the entireties, real property located at 6409 Cannon Drive, Hechanicsburg, Cumberland County, Pennsylvania, WIFE agrees to be solely responsible for the mortgage, taxoB and other expenses related to said property, and shall indemnify and hold HUSBAND harmless from any and all liability for same. HUSBAND agrees to execute a Deed transferring all of his rights and interest in 6409 Cannon Drive, Hechanicsburg, Cumberland county, pennsylvania to WIFE as the time of the execution of this Agreement, WIFE agrees to make every reasonable effort to refinance the marital home, and/or have HUSBAND's name released from the existing mortgage. WIFE acknowledges that she has already made application to refinance the mortgage, and is awaiting the mortgagor's response. Should WIFE's attempt to refinance the mortgage unsuccessful at this time, WIFE agrees to make application to refinance each year until she is successful, 12. W,'trra1llL!'!s tCL~!HJ.'-DLQQVC7atlons: HUSBAND and WIFE each, covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall 7 hereafter incur any liability whatsoever for which the estate of Lhe other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specificallY provided for by the terms of this Agreement, 13. Personal Property: HUSBAND and WIFE agree that WH'R shall become the sole and exclusive owner of the parties' joint checking account at Dauphin Deposit Bank with an approximate balance of $700,00. The parties acknowledge that HUSBAND withdrew $1,417,00 from this account at the time of the parties' separation, which funds shall be the sole and exclusive property of HUSBAND, The parties acknowledge that they have divided all of their personal property between themselves to their mutual satisfaction, Neither party shall make any claim to any such item of marital property, or of the separate personal property of either party, except as provided for in this Agreement, which will be in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effects to this paragraph. Tangible, ' personal property shall be deemed to be in the possession or under the control of either party if the item is physically in the possession or control of the party at the time of the execution of Lhis Agreement. Savings accounts and/or checking accounts shall be deemed to be solelY owned by the party named on said accounts at 8 the time of the execution of this Agreement, 14, Retirement: PJUfBFITS Q,L!il..r.~: WIFE shall become the sole and exclusive owner of her Karns Food Profit Sharing Plan with an approximate value of $2,216,00; and her Horace Mann Insurance 401K Plan with an approximate value of $464.00. HUSBAND agrees to execute an acknowledgment of release and/or any and all other documents necessary to effectuate WIFE's sole retention of these benefits. WIFE acknowledges that the onlY retirement benefits she has acquired are referenced above, BBNBFITS O~ HUSBAND.: WIFE shall become the sole and exclusive owner of the following retirement benefits of HUSBAND: 1. 1711.99 shares of stock in HUSBAND I S Employees' stock Ownership Plan of American Water Works Company, Inc., with an approximate value of $53,682,63; and,1 ,_ 4~O.G'1~Lf ~BfI ttJtja.(}f- 2, ~4 shares of stock in HUSBAND's American Water company - Bank of Boston dividend reinvestment account with an approximate value of $13,048.95; and 3, HUSBAND I S American Water Works 401K Plan with an approximate value of $5,407.00, HUSBAND agrees to immediately cash in 420 shares of stock in the Bank of Boston dividend reinvestment account; to provide WIFE 9 ...' -'., , '. . ~ ' . . --- ' . , " with all of the proceeds of the sale of these shares within five (5) days of HUSBAND's receipt of these funds; and to pay any and all tax liability pertaining to the sale of this stock. HUSBAND agrees to request of American Water Works, by December 7, 1995, that 1219 shares of stock in his ESOP account be sold. HUSBAND shall provide proof to WIFE of his request by December 30, 1995, The entire proceeds of the sale of these shares will be provided to WIFE within five (5) days of HUSBAND's receipt of the funds, HUSBAND further agrees to pay any and all tax liability pertaining to the sale of this stock. HUSBAND agrees to cooperate fully and to execute any and all documents necessary to have a Qualified Domestic Relations Order (QDRO) entered to transfer all of his rights and interest in his 401K Plan and the remaining 193.924 sh~~~ of stock to WIFE. q Q3, J.g3~ J' wtf/.k, HUSBAND further agrees to pay any and all tax, .liabi],i~. y q 3, ':I!~ 3 't y.MI LV E. ." ...{ pertaining to the sale of the remaining 493.924 shares of stock when they are cashed by WI FE. WI FE shall submit to HUSBAND an accounting of the amount of taxes due on this sale at the time of the filing of her income tax return for said year(s). HUSBAND shall remit payment of the tax liability to WIFE within fifteen (15) days of his receipt of this accounting, 10 , ' .-#> ~ " . .' . ~'he parties agree to the entry of a Qualified Domestic Relations Order (QDRO) which will transfer HUSBAND's Aml)rican Water L1 C)J>f1 4 II S, :2. 83, .k Works 401K Plan to WIFE, and will transfer the remaining '493, 924 tv!}! , shares of stock in American Water Works to Wife, A QDRO will be submitted to the Court within sixty (60) days of the execution of this Agreement. The QDRO will be submit ted to the Plan Administrator after it has been issued by the Court, HUSBAND shall become the sole and exclusive owner of his pension with American Water Works with an approximate value of $128,747.00, WIFE agrees to sign an acknowledgment of release and/or any and all other documents necessary to effectuate HUSBAND's sole retention of his pension. HUSBAND acknowledges that the only retirement plans in whi,:h he has any interest or rights are referenced above, The parties agree that the above represents a full and final disbursement of the following retirement plans: 1. WIFE's Karns Food Profit Sharing Plan; 2, WIFE's Horace Mann Insurance 401K Plan; 1711.99 shares of stock in HUSBAND's Employees' Stock Ownership Plan of American Water Works , 3. n en . .~:;~ Company, Inc,; 11 i I, I I I , ! , , 4, 5, HUSBAND's~mericanJwaltPr Works 401K Plan; and Lj 2.. 0 I 2. H If l\I~JJ ~ ~f In-. ~20.034 shares of stock in HUSBAND's American Water Company - Bank Boston dividend reinvestment account, 15, flutual Funds: HUSBAND and WIFE acknowledge that each has a Mutual Fund, The value of HUSBAND's Mutual Fund is approximately $4,092,00. The value of WIFE's Mutual Fund is approximately $700,00, The parties agree that WIFE shall become the sole and exclusive owner of both HUSBAND's and WIFE's Mutual Funds. HUSBAND agrees to transfer his Mutual Fund to WIFE within ten (10) days of the execution of this Agreement. 16, Life Insurance J'oU,~j,j}s: HUSBAND and WIFE acknowledge that there are two (2) Life Insurance policies in effect; the Philadelphia Life Insurance Policy with an approximate cash value of $1,100.00; and the IDS Life Insurance Policy with a current face value of $116,000.00. HUSBAND has transferred to WIFE ownership of the IDS Life Insurance Policy, and HUSBAND agrees to maintain this Life Insurance POlicy permanently, with WIFE as beneficiary. HUSBAND further agrees to pay all premiums on the IDS Life Insurance POlicy as they become due and owing. HUSBAND agrees to cash in the Philadelphia Life Insuranco Policy within fifteen (15) days of the execution of this Agreement, and to provide to WIFE all proceeds from same within five (5) days of his receipt of these funds, 17, flotor Vehicl~: The parties agree that WIFE shall become 12 I l the sole and exclusive owner of the 1988 Chevrolet Station Wagon Imd the 1989 Dodge Dynasty, HUSBAND shall become the sole and exclusive owner of the 1986 Chevrolet 4x4 Pick-Up Truck, The parties agree to execute any and all documents necessary to cause title of said vehicles to be in the appropriate party's name, 16, After Acquired PersonRl PLQEftrtv: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried, 19. Applicablli tv q.f TillL..p.ijJf.. to Property Transfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to tho carry-over basis provisions of said Act, 20, .Income 7:.illC_Retu{!l{!: The parties agree that WIFE shall claim as a deduction on her 1995 income tax return any and all interest payments on the mortgage to the marital residence and the 13 home equity loan, nUSBAND agrees to pay any and all taxes on the sale of the 2132.924 shares of stock through American Water Works whenever WIFE chooses to sell these shares. WIFE agrees to provide HUSBAND with an accounting of the taxes due at the time of the filing of her income tax return, HUSBAND agrees to pay to WIFE this tax liability within fifteen (15) days of his receipt of this accounting, The parties agree that WIFE will claim $2,500,00 as alimony income for the 1995 tax year, and HUSBAND will take $2,500.00 as a tax deduction for payment of alimony for the 1995 tax year, This amount represents alimony payments of $1,250.00 for November of 1995 and $1,250.00 for December of 1995. 21. Wai ver of Alimony penden te Li te and Leqal Fees: Eadl party hereby waives any right to alimony pendente lite, The parties agree to be responsible for their own attorney's fees. 22, Full Disclos~re: Each party asserts that he or she has made a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, of all sources and amounts of income received or receivable by each party, and of every other fact relating in any way to the sUbject matter of this Agreement, These disclosures are part of the consideration made by each party for entering into this Agreement, (See attached Schedule "A"), 23, i1Li.mony: HUSBAND agrees to pay the sum of $1,250,00 per 14 month to WIFE, as alimony, beginning November 30, 1995, These payments shall be non-modifiable for a fixed period of sixty (60) months, and shall only terminate upon the cohabitation or remarriage of WIFE, or the death of either party. HUSBAND agrees to pay $1,250,00 per month to WIFE on or before the last day of each month, The last alimony payment shall be made to WIFE on October 31, 2000. The parties agree that the alimony payments provided for herein shall be paid directly to WIFE, with the understanding that the StipUlation in the attached Exhibit "A" shall not be filed of record unless HUSBAND defaults in the payments required under the aforesaid clause and WIFE gives HUSBAND five (5) days written notice of her intent to file the StipUlation, which the parties auree will not be filed if HUSBAND cures the default within the five (5) day period. Subject to the foregoing, the StipUlation in Exhibit "A" shall be delivered to WIFE I S counsel on the date of the execution of this Agreement to be held in escrow by her subject to the provisions and limitation of this paragraph. The parties hereby agree that the alimony provision contained in this Agreement may be enforceable by an action in accordance with the provisions of the Pennsylvania Divorce Code. The amount ($1,250.00 per month) and the duration (60 months) of alimony shall not be modified upward or downward for any reason and the parties release any rights they may have to seek modification with respect to the provisions of this paragraph, J 'j ., , \: 15 Alimony shall onlY terminato upon the cohabitfttion or remarriage of WIFE, or tho death of either party, For purposes of this Agreement, "cohabitation" is defined as financial, social, and sexual interdependence where the WIFE and the person with whom she is living actually reside together in the manner of spouses, assuming the rights and duties generally associated with a marriage relationship. 24. Health I.nsllriUlco: WIFE shall bl! solely responsible for the payments of maintaining health insurance coverage for herself, WIFE will advise HUSBAND within ten (10) days of the execution of this Agreement whether she will elect to maintain her health and medical insurance under the applicable provisions of COBRA with HUSBAND's group health insurance plan, or if she will obtain her own health and medical insurance through her employer. Should WIFE elect to maintain coverage under COBRA, HUSBAND agrees to cooperate fully with WIFE in obtaining the necessary information, and executing any and all documents required to effectuate her election, 25, Waiver of Hodif.4.c;,at,t91L.1.0 be in writing: No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature, 26. f(utua,J, Coqperati,Q.11: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, 16 . , . ncknowledge and deliver the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement, 27. Applicable La~ This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 26. Aqreement Bindinq on Heirfi: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns, 29. Inteqration: This Agreement consti tutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. Thore are no representations or warranties other than those expressly set forth herein, 30. Other Documentation: HUSBAND and WIFE covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 31, No Waiver on Defijul t: This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreemen t, The failure of either party to insist upon strict performance of any of the provisions of 17 this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein, 32, Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, Likewise, the failure of any party to meet his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties, 33, Breach: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, The party breaching this contract shall be rasponsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement, 34, Headinqs Not Part of AgTeement: Any heading preceding the text of the several paragraphs and subparagraphs hereof are 113 . " , inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHBREOF, the parties hereto have set their hands and seals this day and year first above written. II (3u!1r p, /V1vtlL"v~ Date Wi ness ' t'dtt!d(!f~?1' ~t;;~ ~ WILLIAM B. HUTCHESON, Sr, /I/Jl>h)' Date 1J/J1 )11 D1ll~"yL. Witness I 19 . . COMMONWEALTH OF PE~NSYLVANIA COUNTY OF ~j}Lt{/LI/j/fV ss. On this the '30 V-- day of \;~tf.lI 1995, before me the undersigned , personally appeared WILLIAM E, UUTCHESON, Sr" known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have set my hand and notarial seal, CilLO J f)tl1/l.AV Ivhu{)~j-- Nota y Public a Notarial Seal MaJYMI1 Mumhv, Notary Plb!o Hanhoorg, bi'f.hin County ....." MyCQlMlisSlonEl\f.ilesSepLO, 1.", COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~ll~ ss, v"- ' On this the '3 () day of C["f))- 1995, before the undersigned officer, personally appeared JULIA B. HUTCHESON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Property Settlement Agreement, and acknowledged that she executed the same for the purpose therein containerl, IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal, \lJL~/llAU LAl{,~~~ No ary Public 'a 20 Notarl.,ISeaI Mar{olnn Mumhy. Nnla'Y NJ!'<l H3I1t-lJu'll. b(\'f-I~' County MyCQmmisslot, Ex[.'es Sept. 0, lDOG ~oINocai1OO . . , , .', " ." . ~ .' , , , . . . , SCHEDULE "A" Assets and Debts of William E, Hutcheson, Sr. and Julia D. lIutohooon Assets: marital residence 1711,99 shares stock in Mr, Hutcheson's ESOP Mr, Hutcheson's Mutual Fund Mrs. Hutcheson's Mutual Fund Mrs, Hutcheson's Karns Food profit Sharing Plan Philadelphia Life !A~~rance policy '4'2.0. ~'n4 <,)JJII W ~I'M"' 428.9J4 share's - Bank Boston divident reinvestment account Mr, Hutcheson's American Water Works 401 K Plan Mr, Hutcheson's pension Joint Checking Account - Dauphin Deposit Dank (balance at date of separation) Mrs, Hutcheson's Horace Mann Insurance 401 K Plan Debts: Mortgage on marital residence Home equity loan $ 50/900.00 $ 5J,602.6J $ 4,092,00 $ 700.00 $ 2/216.00 $ 1,100.00 $ 13,040.95 $ 5,407.00 $ 120,747.00 $ 2/ 11 7.00 $ 464,00 $ 62,000.00 $ 13/205,00 . ,".c...- . , .. .... .STIPULl\TJON FOR..J:jlTRV.-QF l\N l\LIHONY ORDER ~L TillS l\GREEHEllT, made this ~n () day of Ut.ll- , 1995, by and between JULIl\ B, HUTCHESON (hereinafter referred to as OBLIGEE), and WILLIl\H E, HUTCHESON, Sr, (hereinafter referred to as OBLIGOR) : 1. The OBLIGOR shall pay alimony in the amount of one thousand two hundred fifty ($1,250.00) dollars per month for sixty (60) months beginning November 30, 1995 with the last payment due on October 31, 2000, These payments shall be made on or before the last day of each month. 2, These alimony payments of one thousand two hundred fifty ($1,250.00) dollars shall be non-modifiable for a fixed period of aixty (60) months and shall onlY terminate upon the cohabitation (defined as financial, social, and sexual interdependence where the OBLIGEE and the person with whom she is living actuallY reside together in the manner of spouses, assuming the rights and duties generallY associated with a marriage relationship) or remarriage of the OBLIGEE, or the death of either party. 3, The amount of one thousand two hundred fifty ($1,250,00) EXHIBIT "A" " .1 ... " dollars and the duration (60 months) shall not be modified upward or downward for any reason and the parties releaso any rights they may have to seek modification, 4, The parties agreo that the OBLIGEE shall have the option of filing this stipulation with the Domestic Relations Office in whichever County the OBLIGOR resides at that time, or in whichever County the OBLIGEE resides at that time. 5, The OBLIGOR agrees that he shall pay any and all costs associated with the filing of this Stipulation with the Domestic Relations Office, 6, The OBLIGOR agrees that the Domestic Relations Office shall attach his wages and/or any Income Tax Refund(s) he may receive for the purpose of COllecting the alimony payments due under this Stipulation, both for arrears and for regular monthly payments. 7. The parties agree that this Stipulation is entered into pursuant to the alimony provision in paragraph number 23 of the Property Settlement Agreement, dated November 3D, 1995, 8, The effective date of this Order shall be November 30, 1995, Both parties agree that the OBLIGOR shall be credited with all alimony payments made directly to OBLIGEE from on or after the '"' -, .... .. effective date, 9, The OBLIGOR agrees to execute any and all documents necessary to effectuate the intent of this Stipulation, IN WITNESS WHEREOF, the parties, both intending to be legally bound, have executed this Stipulation for Entry of an Alimony Order on the date(s) indicated below, (//'0 /t; J..... Date dt.t!~;JJ f' dtl~,/~ WILLIAM E. HUTCHESON, Sr, P!J1 !J4 t.1t-~f-e.. Witness 1113rjq ~ Date \.. ,J,("J~ )/:,tc,':"" \1 J LIA B, HUTCHESON tpJ1,J;U lil}/v.-k Wi tness' . IN '!liE COURT OF CCJ.1MON PLEAS OF CUMBERLAND COJm'Y, PENNSYLVANIA WILLI1\l>1 E, Ht1l'CIlESCN, SR" Plaintiff, NO, 562 1995 CIVIL vs, JULIA Ilt1I'OiESCN, Defendant PRAECIPE TO TRANSMIT RECORD , ~ To the Prothonotary: Transmit the record, together 'lith the following information, to the court for entry of a divorce decree: 1, Grounds for divorce: irretrievable breakdown under Section 3301 (cl ~of the Divorce Code, (Strike out inapplicable section) 2. Date and manner of service of the ccmplaint: February 3, 1995 via First Class Mail. 3, Complete either Paragraph A, or B, A, Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff November 30, 1995 by the defendant November 22, 1995 . B, (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: NIA (2) Date of service of the plaintiff's affidavit upon the defendant: NIA 4. Related claims pending: None . 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code N/A 13y: Fra.~R, M:lRGENTllAL, FI.aIER & LINIl3AY #Jj&:~ I - " " , .~ t":: -UT ~ r'~!" .,~ ::--",' "J ,..: .' :,:: \)('1 fI" '.'r;'! ........ .' I . ,\~) .,:" ,'." 1/"~"'rJ~ .. ""''') I' ~', ,.~ ,., "'4'~ -<(,1; .. g= ..., ,..., = c..l ,... ..., -\.; ::.t:: .~ .- "'m -, 1 Ln ~, C f'. en \--\ Q ,0 . ~ . . .. ...... ..... In ~'~ t"lI --' 1t c:') 1:\ ',""1 ~\) ~ ~ :n UJ ~', u l~ 0 ~~ r'l '" .. ... ... . 0 l'>N ,';.. , ...j Z t-. ...~ Plt/l p:lj.j .jJ < >- 0 ... z~ t/llj.j I'i ~, i= t;i :s N:;!l'>'" '... III << JJJz ~~N$ Of>1 ..jJ 'tl z~~~~<( ~ e{::: ~llo z I'i I'i 0,... QJ ~ UJZ:'.;f-l1l::i c:tWli>- o .. t/l1ll lj.j u~ B~ QJ H l:l:J0<:t:>- wl:lw< .Q ~ ~~~E~~ ~~~Ul fj Z 0000 E:: 0 g: :E~Z~:CZ ~~~~ 0 lJll .UJQOf-oJJJ tlU III f>1 0 ~~~1=11lp: '::E ' , , II: u 0~0::i' ~! . tIl U ~Oo<;5~ lflwlilo f>1 ::- ~ ~ U -l'" ... 11l ~l:l~c:t ~ tI1 P: o lJ.... "'::i 0<6 ~ -l < P:: .....~..... 1Ilf>1 I'l; lJ.. <( -x--- ~~ H H U 13 Q ---- ~U H :3: l-.l ,. . . . , -4 I. '4 . " . c:\wpjl\rnau\huubcaoo:divORC " , . . , WILLIAM E, HUTCHESON, SR. PlalntllT :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACl'ION . DIVORCE VS, JULIA HUTCHESON Defendant : :NO, 95. /;S ~ :IN DIVORCE CIVIL TERM NQTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims sel forth in the following pages, you must take prompt action. You are warned that if you fail 10 do sO,the case may proceed without you and a decree of divorce or annulment may be entered againsl you by Ihe Court. A judgment may also be entered against you for uny other claim or relief requested in these papers by the Plaintiff. You may Jose money or property or other rights important 10 you, including cuslody or visitation of your children. When the ground for Ihe divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors Is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17013 (717) 240-6200 " ,..J..,:~ t..:....;l_~,..,.,' .. . t ~ 'i'~' ~'. .' '-...~------- c:\wpSI\qnUwkbttm:dlvortc ... -, WILLIAM E, HUTCHESON, SR. Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION. DIVORCE VS, JULIA HUTCHESON Defendant :NO. 9S. :IN DIVORCE CIVIL TERM WILLIAM E, HUTCHESON, SR., Plaintiff, by his allorneys, FLOWER, MORGENTIIAL, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is WILLIAM E, HUTCHESON, SR., who currently resides at 601 A North Union Street, Middleton, Pennsylvania, since November, 1994. 2. The Defendant is JULIA HUTCHESON , who currently resides al 6409 Cannon Drive, Mechanicsburg, Pennsylvania, since July, 1979. 3, The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and Defendant were married on Seplember 12, 1959, at Milton, Pennsylvania, 5. Thai there have been no prior actions of divorce or for annulment between Ihe parties in this or In any other jurisdiction, 6, The Plaintiff avers thai he is entitled to a divorce on the ground that Ihe marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7, Plaintiff has been advised of the availability of marriage counseling and of the right to , , c:\wpJ \ \raafl'\b,*MIOQ~dIYOft' , - . request that the Court require the parties to participate In marriage counseling, and does not request counseling. 8. Plaintiff requests the Court to enter a decree of divorce. FLOWER. MORGENTHAL, FLOWER & LINDSAY Attorneys for Plaintiff By: /fI7}?!\ M I) J'l..~ Roger M, Morgenth~l, Esquire 10 # 17143 11 East High Street Carlisle, PA 17013 (717) ~43-5513 2 e:\wp' I \qn'hu"kelOG:divORC . .. " YE.RIEICATIQN I, the undersigned, hereby verify that the statements made herein are true and correct. I understand thai false statements herein are made subject to the penalties of 18 Pa, C,S. ~ 4904, relating to unsworn falsification to authorities. . / ,Cidt{"ty,) C-yy{z:.4.J.-.N /t.", William E. Hutcheson, Sr. Date: v? - .:? 9.s- c:lwp.lllIlOO1\l\'lHIltCHr.'lON.^PPIlARANcn . ,~ . WILLIAM E. HUTCHESON, SR. PlalntllT, :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA i I , I I I " VS, , , :CIVIL ACfION . DIVORCE : :NO, 9S. S 8.2... CIVIL TERM I :IN DIVORCE JULIA HUTCHESON Defendant, ACCE;PTANCE..QF SERVICE To the Prothonotary of Cumberland County: I hereby enter my appearance In the above captioned matter on behalf of the Defendant, JULIA HUTCHESON; and on her behalf, I hereby accept selVice of the Complaint filed In the case. vII 100 ~ Maryann Murphy, Esqul ID# 2201 North Second Street Harrisburg, PA 17110 Attorney for Defendant " . ,. ... .... '''' r.;: 0_: 1',' r'j lJl ,[_"7J IW~ ... I' . . .' I WILLIAM E. JlU1'CJlESON, SR" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95 - 582 civil Term VS, JULIA HUTCHESON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce complaint was filed on February 3, 1995, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint, 3, I consent to the entry of a Final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5, I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court, /1-3!J-95 Date #dd:4l14;' ;p-d7!/~d'J-. WILLIAM E, HUTCHESON, SR, .. " ~ " ..., .; '" _,'r ~~;~ ;~. ~ : ~}.: f'r~ 1_". _.' ~ , -e,.':".) . , ~. J ('J -:'-' ." '.:"'J :~ ...; .... ft, ~., ,,''':. . f1 ~~ ., ' ,.' & <; L.o...J <=> Co''' I~ -.l -. ~ - c...c C..Tl t l I I i I I. , I r I i .... .. " _. . I .. WILLIAM E, HUTCHESON, SR" Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95 - 582 civil Term CIVIL ACTION - LAW IN DIVORCE vs, JULIA HUTCHESON, Defendant , . AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING L A Complaint in Divorce under section 3301(c) of the Divorce Complaint was filed on February 3, 1995, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a Final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted, 5. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling, Being so advised, I do not request that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. I;/~ :/95" Date ) " ~ .' .. \ ' i , ), , - p- ~; " ,~ <:: "J'I" t ~1:::!~-; ._ .J"o" ;::1'1 ," ,\1,:: 1':10 I' I:::", .~ ;~-~ .:'~ .~ , ", '-t." = v.: .... -;' .., :'..1" .f-:; ::'" <.0 ...... r7- ..:r , r - ,'l.: } ! .. '09 . f \ , .:;::.',\? , .. tq " , ....... f ... III I !:~ i "1 . .; ""- , , , . () ..' .. L'. " ) ~ 1 tt I~ ~ . ~ ~ 0 ~ . ~IC; il ~ III . ~ :5~~~:: h .~ ~ I~ .~ ~ ~:! ~ ~~ I :r:I J I~ I !I~~i ~ , I :.: ~ rLlP< > 0 ~ ... ~ '~ ~~~ .... .'. . MARYANN MURPHY ,UIOI".'III\I'''' \.IiI\~ C\ 1 \Cj9GtY' '.. 2201 tlO<IIl1 SlCO"D smm .IAAf?lSUl~G, ""lttS'/'LVAtUA 1"10 (111)2J16~" '. 1>,,0 ,. t' " v, I N THE COURT OF COMMON pr.EMl CUMBERLAND COlJN1'Y, PENNSYLVANIA CIVIL ACTION-LAW NO, 95-582 CIVIL TERM IN DIVORCE WII.r.IAM R, JllJTcm:SON, SR" P1ainti f f JULIA HUTCHESON, Defondant QUALIFIEQ DOM!':li'!'J,C_REI.ATIONS ORD.Jm AND NOW, this._.?:' day of "~I};?(J'--,, ,.,_"._,..., 1996, upon the representations and stipulations of counsel for Defendant in the above-captioned matter, it is ordered and decreed as follows: 1, This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's Total Account Balance accumulated under an employer sponsored 401K Plan which is qualified under Section 501 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"), It is intended to constitute a Qualified Domestic Relations Order ("ODRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2, The name, address, birth date and Social Security number of the "Participant" are: Participant: Birth Date : Social Security Number: Address: William g, Hutcheson, Sr, 12/12/38 179-30-8134 1240 Woodridge Drivo Middletown, PA 17057 '. " 3. The name, address, birth date and Social Security number of the "Alternate Payee", former spouse, are: Julia B. Hutcheson 09/27/39 172-30-6829 6409 Cannon Drive Mechanicsburg, PA 17055 4, The name of the Plan to which this Order applies is the Alternate Payee: Birth Date: Social Security Number: Address: Savings Plan For Bmp10yees of American Water Works Company, Inc, and its Designated Subsidiaries. (hereinafter referred to as the Plan), Further, any successor plan to the Plan shall also be sUbject to the terms of this Order. 5. This Order is entered in accordance with the Internil t Revenue Code of 1986, as amended, 6, This Order relates to the provision of marital property rights to the Alternate Payee under the Pennsylvania Divorce Code, 23 Pa.C.S. !Hj3301 !It seg.. 7, Amount of Alternate Payee's benefit: The Alternate Payee is awarded the sum of $5,407,00 from the account, plus actual interest earned on this sum from November 30, 1995 until such time as the benefit is in pay status, 8. Term of the Alternate Payee's Benefit The term of said benefit shall be selected by the Alternate Payee from any payment option available to her under the terms of the Plan. Payments are to commence upon the date chosen by the Alternate Payee, but in no event earlier than the earliest distribution date available to the Alternate Payee under the terms of the Plan, . i \ \ ., .' 'l 9, This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan: (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another Order previously deemed to be a QORO, 10. In the event a Plan provides the option to the Participant to elect to obtain benefits at the earliest retirement age, the benefits shall be payable to the Alternate Payee on or after the date on which the Participant attains (or would have attained) the earliest retirement age, as if the participant had retired on that date even if the Participant has not actually retired or separated from service, 11. If the Participant shall die before distribution under this Plan, the Alternate Payee, for purposes of the Plan's Qualified Pre-Retirement Survivor Annuity provisions, shall be treated as the spouse with respect to the designated amount reserved for the Alternate Payee, 12, Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QORO under Section 414(p) of the Internal Revenue Code, as it may be amended \ \ . ' ',1.<'.;';' ~ from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 13. Tax Treatment of Distributions Made Under This Order: For purposes of section 402(a)(1) and 72 of the Internal Revenue Code, any Alternate payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. The Alternate payee shall have the right to rollover the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. Subject to the conditions imposed by BRISA and the Internal Revenue Code, such transfer shall be considered a tax- free rollover of the benefits distributed. 14, continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain the original intent of the parties as stipulated herein. l5, Effect of Plan Termination: In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of a termination of partial termination of the Plan pursuant to Title IV of ERISA, then the Alternate Payee shall be entitled to commence her benefits immediatelY in accordance with the terms of tho QnRO and in accordance with the termination proceduren of tllo Plan and tho Pension Benefit ~ (luarantee Corporation ("PDGC") (.if applicable), 16. Rights of the Alternate Payee The Alternate Payee shall have the same rights with regard to her portion of the account as are available to the Participant, wi th regard to his remaining portion of the account, These rights include but are not limited to the right to designate a beneficiary of retirement benefits, the right to elect from then existing retirement dates and payment options, and the rights to such increases in value in the account as might occur as a result of general upgrading of the plan, plan amendments, earned interest, prof itabili ty of plan investments, etc. but not from increases in value which result from future increases in the Participant's compensation or his future contributions to the Plan, In no event shall the Alternate Payeo have greater rights than those which are available to the Participant, except as are or may be provided under ERISA, or under the terms of the Plan, The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan, 17, Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestiu Relations Order shall be assessed against the parties such that the Alternate Payee pays 50% of the costs and the Participant pays 50% of the costs. 16, The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth above in this Order, 19, The parties shall promptly submit this OrdRr to tho Plan . . ~ ...,.,.". ",' -.. . . . . .~ ...-~'- - . . .. " Administrator for determination of its status as a Qualified Domestic Relations Order, IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. BY THE COURT: CONSENTED TO: ~P'~~H7 j:;-~ k William E. Hutcheson, Sr, . AiL 'i J. ~~~)~~h~.~~.'W2Y____ iJria B. Hutcheson .. , ' " COMMONWEALTH OF PENNSYLVANIA COUNTY OF C L\,fl1 b e./- I a./,ol On this, the cl(oH, day Of\jeh'\_l..I..ClJL~- 199~, before me, the undersigned officer, personally appea"ed WfLLIAH E. HUTCHESON, SR" known to me (or satisfactorily oven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the sarno for the purposes therein contained, IN WITNESS WlIEREOF, I have hereunto set my hand and seal. ss: NOIARIAl.SEAl. MERLENE llARHEVKA Nowy PIbI. C.o1iIll. Cunto<1lrdCoIItI.PL lIyCommil,1on E....,~ lfhtLUrl ~LfJLWLJ-~ . ~otary P~ic ' COMMONWEALTH OF PENNSYLVANIA COUNTY OF f1,tJ./vLfki~U y-( On this, the ~R me, the undersigned officer, personally appeared JULIA B, HUTCHESON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the wi thin instrument, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and seal. ss: 199f, before l!J~M?lhtJ~_CIJU0~tt-- Notiffy: Public (f NotarlllISe.'lI Malyanr1 MUlIlhY, NolaJY PIbIc HQn\WJtlI, lJauplin CQunlY My ConvYissiOO E$res Sepl. D. 199G 111I ......, , ~,'; . .' .. . . ,.. ,..."..... ..... . .. " .. . . , ,~ ~1 -- t"> ...:::.. -.9 €) '1 4 r= o - ...- Ill" ..... Ill- ~l Il:< I:L?; ~ Z ...~< <- ;:t .J 0;.- ~...Z~13 0( OU) , Uzl'l I:! ~ m~::l I:! z J:ll.~ ti Il:... " ~Oll: -- ~ 'I: 0 ~ t ~tio(z~ -U) 0_ Nil: Nil: < J: ,l{ ~,., r , " [N[tl rYlln It Murpfiy ATTOnNE:y AT LAW 2201 NORTH SECoND STREET HARnISUUnG~ f'ENN$YL.VANIA 17110 17171 233.65 I I JUN 1 2 1006 rY \ " , v, IN THB COURT OF COMMON PLBAS CUMBERLAND COUNTY; PENNSYLVANIA : CIVIL ACTION-LAW NO. 95-582 CIVIL TBRM IN DIVORCB WILLIAM B, HUTCHESON, SR" Plaintiff JULIA HUTCHESON, Defendant QUALIFIBD DOMESTIC RBLATIONS ORDER AND NOW, this I']' day of 1.uW>i , 1996, upon the representations and stipulations of counsel for Defendant in the above-captioned matter, it is ordered and decreed as follows: 1. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the Participant's Total Account Balance accumulated under an employer sponsored 401K Plan which is qualified under section 501 of the Internal Revenue Code (the "Code") and the Employee Retirement Income Security Act of 1974 ("ERISA"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414 (p) of the Code and Section 206(d)(3) of BRISA. 2, The name, address, birth date and social Security number of the "Participant" are: Participant: Birth Date : Social Security Number: Address: William E. Hutcheson, Sr, 12/12/38 179-30-8134 1240 Woodridge Drive Middletown, PA 17057 , \ . , .\ , 'I r \"~MmSNi"3d 'l"'- -", ('''~' !-''''''n'' 1\ ~'l ,- ". . '\.' 1;)'...1 \ oJ 61 :~j r~~ tl J I.l'lf' 96 I L"l'" , 'j~' U '0 "0; \... \\/i"14\j:',r:..;, :J 381;J~O'G311.:J , 3. The name, address, birth date and Social security number of the l'Alternate Payee", former spouse, are: Julia B. Hutcheson 09/27/39 172-30-6829 6409 Cannon Drive Hechanicsburg, PA 17055 4, The name of the Plan to which this Order applies is the Alternate Payee: Birth Date: Social Security Number: Address: Savings Plan For Employees of American Water Works Company, Inc, and its Designated Subsidiaries, (hereinafter referred to as the Plan), Further, any successor plan to the Plan shall also be subject to the terms of this Order, 5, This Order is entered in accordance with the Internal Revenue Code of 1986, as amended, 6, This Order relates to the provision of marital property rights to the Alternate Payee under the pennsylvania Divorce Code, 23 Pa,C.S, ~63301 et seq, 7, Amount of Alternate Payee's benefit: The Alternate Payee is awarded the sum of $5,407.00 from the Participant's account balance in the Plan as of November 30, 1995, adjusted for gains and losses from that date through the date of payment to the Alternate Payee. 8, Term of the Alternate payee's Benefit The term of said benefit shall be selected by the Alternate Payee from any payment option available to her under the terms of the Plan. Payments are to commence upon the date chosen by the Alternate Payee, but in no event earlier than the earliest distribution date available to the Alternate Payee under the terms of the Plan, 9, This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan: (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another Order previously deemed to be a QDRO, 10. In the event a Plan provides the option to the Participant to elect to obtain benefits at the earliest retirement age, the benefits shall be payable to the Alternate Payee on or after the date on which the Participant attains (or would have attained) the earliest retirement age, as if the participant had retired on that date even if the Participant has not actuallY retired or separated from service. 11. If the Participant shall die before distribution under this Plan, the Alternate Payee, for purposes of the Plan's Qualified Pre-Retirement survivor Annuity provisions, shall be treated as the spouse with respect to the designated amount reserved for the Alternate Payee, 12. Continued Qualified Status of Order: It is the intention of the parties that this QORO continue to qualify as a QDRO under section 414(p) of the Internal Revenue Code, as it may be amended " .' .-...-....,- - ..-...._, from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder, 13. Tax Treatment of Distributions Hade Under.This Order: For purposes of Section 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. The Alternate Payee shall have the right to rollover the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity, SUbject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax- free rollover of the benefits distributed. 14. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain the original intent of the parties as stipulated herein. 15. Effect of Plan Termination: In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of a termination of partial termination of the Plan pursuant to Title IV of ERISA, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of the QDRO and in accordance with the termination procedures of the Plan and the Pension Benefit Guarantee Corporation ("PBGC")(if applicable), 16. Rights of the Alternate Payee The Alternate Payee shall have the same rights with regard to her portion of the account as are available to the participant, with regard to his remaining portion of the account. These rights include but are not limited to the right to designate a beneficiary of retirement benefits, the right to elect from then existing retirement dates and payment options, and the rights to such increases in value in the account as might occur as a result of general upgrading of the plan, plan amendments, earned interest, profitability of plan investments, etc, but not from increases in value which result from future increases in the Participant's compensation or his future contributions to the Plan, In no event shall the Alternate Payee have greater rights than those which are available to the participant, except as are or may be provided under ERISA, or under the terms of the Plan. The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan. 17, Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 50% of the costs and the Participant pays 50% of the costs, 18. The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth above in this Order. 19. The parties shall promptly submit this Order to the Plan " " Administrator for determination of its status as a Qualified Domestic Relations Order, IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. BY THE COURT: CONSENTED TO: J. tl/-U!t~m?/f4/ik"?t ~ William E. Hutcheson, Sr. ~.~~~~ J ia B. Hutcheson ... ........ " COMMONWEALTH OF PENNSYLVANIA COUNTY OF DaL.L.()L<-'.v 88: On this, the '/lI..l....... day of /1..-....'1." 1996, before me, the undersigned officer, personally appeared WILLIAM E. HUTCHESON, SR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the wi thin instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. c0 ' -6/-' ./x, L/~ . r 1:() Notaut P blic NOTARIAL SEAL EMILV T, HICKS, Notary Public Derry Twp" Dauphin County My Commlsslon expires March 2, 1998 COMMONWEALTH OF PENNSYLVANIA COUNTY OF .~..A(,u.,f1UA) On this, the '1 ~A.. day of <1.{/ALC 1996, bofore me, the undersigned officer, pef~nallY appeared JULIA B. HUTCHESON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and seal. ss: 1/.../0 C/;UtJ.t Notar ~~~r:;lIy~ My~D.1up1;nColIf1ly &p'r03Sopt 0,1000 · I ~ll/ ~ ...,;.""-........... ......-...-.. .......... ~ .. ,~ ........."-, % !Jv{ a rya 1/1/ 9v{1I rpli y AlTORNEV AT LAW 2201 NoRTH sf-coNO 51HI:I:1 ;AU;" , .. '('196 HARRISRuno, flU4NhVlVANIA 171101 l.J ~:) ...1 . (717. 2:t.l.li~11 .~~ ~{ In "- "- 1)0 ~ ~ o - ...- loll' !tl lol- ,..... 0: 0( ~~~z ;:t j o~:: ~...Z.JlIl 0( 0 >ID UlIl' zl'l ..... > 101 zl'l "'WlllWN ~ZJ:Il.~ c:i 0:... " i:'I~~gE ~c:i o(z~ -1Il 0- NO: NO: 0( J: .. WILLIAM E. HUTCHESON, SR., Plaintiff IN THE COURT OF COHHON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 95-582 CIVIL TERM IN DIVORCE v. JULIA HUTCHESON, Defendant QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this I;-~ day of , 1996, upon /-lvr.... .-- the representations and stipulations of counsel for Defendant in the above-captioned matter, it is ordered and decreed as follows: 1. This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the participant's Total Account Balance accumulated under an employer sponsored Employees' stock Ownership Plan which is qualified under section 501 of the Internal Revenue Code (the "Code") and the Employee Retirement Income security Act of 1974 ("ERISA"). It is intended to constitute a, Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code and Section 206(d)(3) of ERISA. 2. The name, address, birth date and Social Security number of the "Participant" are: Participant: Birth Date : Social Security Number: Address: William E. Hutcheson, Sr. 12/12/38 179-30-8134 1240 Woodridge Drivo Middletown, PA 17057 \.: V,t\'V^'ASNN3d ) " !j'":rl., ,'I..,..., .-,.."1.....'" \"':',,. . _" ", ' 'h: ~','1: 1..J 2'1:6 IN Sl UllV9U AINlQ;'4';,iK:id ;]:,1 :10 po 3~l:l:Io-0311:J -.:J 3. The name, address, birth date and Social Security number of the "Alternate Payee", former spouse, are: Julia B. Hutcheson 09/27/39 172-30-6829 6409 Cannon Drivo Mechanicsburg, PA 17055 4. The name of the Plan to which this Order applies is the Alternate Payee: Birth Date: Social Security Number: Address: Employees' stock Ownership Plan Of American Water Works Company, Inc. and its Designated Subsidiaries. (hereinafter referred to as the Plan). Further, any successor plan to the Plan shall also be subject to the terms of this Order. 5. This Order is entered in accordance with the Internal Revenue Code of 1986, as amended. 6. This Order relates to the provision of marital property rights to the Alternate Payee under the Pennsylvania Divorce Code, 23 Pa.C.S. ~~3301 et sea. 7. Amount of Alternate Payee's benefit: The Alternate Payee is awarded 492.80 shares of stock from the Participant's account as of November 30, 1995, plus any dividends paid on that stock after this Order is determined to be "qualified" until such time as the benefit is paid to the Alternate Payee. 8. Term of the Alternate Payee's Benefit The term of said benefit shall be selected by the Alternate Payee from any payment option available to her under the terms of the Plan. Payments are to commence upon the date chosen by the Alternate Payee, but in no event earlier than the earliest distribution date available to the Alternate Payee under the terms of the Plan. ')"-- . "-.- .. -~)',,~-: 9. This Order is not intended, and shall not be construed in such a manner as to require the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan: (b) to require the Plan to provide increased benefits determined on the basis of actuarial value; or (c) to require the payment of any benefits to the Alternate Payee that are required to be paid to another alternate payee under another Order previously deemed to be a QDRO. 10. In the event a Plan provides the option to the Participant to elect to obtain benefits at the earliest retirement age, the benefits shall be payable to the Alternate Payee on or after the date on which the Participant attains (or would have attained) the earliest retirement age, as if the participant had retired on that date even if the Participant has not actually retired or separated from service. 11. If the Participant shall die before distribution under this Plan, the Alternate Payee, for purposes of the Plan's Qualified Pre-Retirement Survivor Annuity provisions, shall be treated as the spouse with respect to the designated amount reserved for the Alternate Payee, 12. Continued Qualified status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under section 414(p) of the Internal Revenue Code, as it may be amended from time to time, and that the Plan Administrator shall reserve .' ~t ::1 , -, "' ;J X " ,.; ""~ ~, ~~l: the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder. 13. Tax Treatment of Distributions Made Under This Order: For purposes of Section 402(a)(1) and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income taxes on such distribution. The Alternate Payee shall have the right to rollover the benefits distributed to her pursuant to the terms and provisions of this Order to an eligible retirement plan such as an Individual Retirement Account or to an Individual Retirement Annuity. SUbject to the conditions imposed by ERISA and the Internal Revenue Code, such transfer shall be considered a tax- free rollover of the benefits distributed, 14. Continued Jurisdiction: The Court shall retain jurisdiction with respect to this Order to the extent required to maintain the original intent of the parties as stipulated herein. 15. Bffect of Plan Termination: In the event that the Participant's benefits, or any portion thereof, become payable to the Participant as a result of a termination of partial termination of the Plan pursuant to Title IV of BRISA, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of the ODRO and in accordance with the termination procedures of the Plan and the Pension Benefit Guarantee Corporation ("PBGC") (if applicable). ..- 16. Rights of the Alternate Payee The Alternate Payee shall have the same rights with regard to her portion of the account as are available to the Participant, with regard to his remaining portion of the account. These rights include but are not limited to the right to designate a beneficiary of retirement benefits, the right to elect from then existing retirement dates and payment options, and the rights to such increases in value in the account as might occur as a result of general upgrading of the plan, plan amendments, earned interest, profitability of plan investments, etc. but not from increases in value which result from future increases in the Participant's compensation or his future contributions to the Plan. In no event shall the Alternate Payee have greater rights than those which are available to the Participant, except as are or may be provided under ERISA, or under the terms of the Plan. The Alternate Payee is not entitled to any benefit not otherwise provided under the Plan. 17. Any reasonable costs incurred by the Plan Administrator to effectuate the terms and provisions of the Qualified Domestic Relations Order shall be assessed against the parties such that the Alternate Payee pays 50% of the costs and the Participant pays 50% of the costs. 18. The parties shall promptly notify the Plan Administrator of any change in their addresses from those set forth above in this Order. ]9. The parties shall promptly submit this Order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. -, .' IT IS INTENDED that this Order shall qualify as a Qualified Domestic Relations Order under the retirement Equity Act of 1984. The Court retains jurisdiction to amend this Order as might be necessary to establish or maintain its status as a Qualified Domestic Relations Order under the Retirement Equity Act of 1984. BY THE COURT: CONSENTED TO: . 4Ji. J, , -/. . I. - ',;--. - ,_,' , ". '...._.......~ ,_'__ . . .' , , I '. \ . Itldiit1l1YJ Z ~~?I ~ William E. Hutcheson, Sr. ~9J.iv~. \\\,tQ.~.. J7YV lia B. Hutcheson ...... , ' COHHONWEALTII OF PBNNSYLVANIA COUNTY OF On this, the 4t)Vu day of J,Jj) 1996, before me, the undersigned officer, personally appeared WILLIAM E. HUTCHESON, SR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes thorein contained. IN WITNESS mlEREOF, I have hereunto set my hand and seal. Uti: Gl Nota NOTARIAL SEAL EMILY llHCKS, Notary Public DeIIV TViP" Dauphin County My Commission E.plrcs March 2, 1998 COMMONWEALTH OF PENNSYLVANIA COUNTY OF C!LL IlllA.(,l(n lIce. ss: ...., ( On this, the S /I.. day of C UU11 (.J - 1996, before me, the undersigned officer, personally appeared JULIA B. HUTCHESON, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and seal. . (,1 .~/IW ~~ J {,'ll Notar Pu lie , Hotlnll SHI lln K.l>1w, NoIaIy I'Wc u...v Akr1TOC1,~ C<lu1V My ConvOO.ioo EJIiw Sop. 31, 1006 ...