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HomeMy WebLinkAbout95-01062 ~ J . -7 ~ l [" ~- r ~ ' [ >, lr~ ,; € ~ :] <0 ~ o - I lC) a-- . ~ I,.' ; .;~-../. " ,~".;,/~ .. , ' '" ':" ~ ';, , 1 J :;: ,,', " ,''?' oe, ,,' f,r', :' _ .'" ",;. " ;.., ". ,,, . .-,.',..: . ',' '., i',' ,::, ;;';" ',i: 'i;,;(,'~ ' ' ,;, "i ',;, ;"i::;;" ~'::";:';",'-.';~"'; '. :'f,,:' :J:",:"". : .;' ':' .' {":/;c," '~: ;;';"" :< ,'. ':', ,:'~: 'i:'~: ','; ....';,. i),; " ~~> ,,;,;:': ""1'; , '; , ;;' , "",:':~~' ,;', ;' ".' '",\, ", ':." '; ;,' " .... ';'; ,,', ;;.,_." '. ';",;',';."" ,"i.. ',' , '.-":,_ ..' ,.;, :'; ~'.:.. ,.,: ":'h';' i..,:: ':;':,,:';":/ ';"" ,', .> <..,,:, ~i;; :f0~:i,;,"" ,.."", :," :': ;. ,";,','..,' " ' ,- " : ,'S ";,' ~:~~;;J;~~ T:\:. , ' ,t(:':, '." .' - ," '; "'~c:"iF..-;. "'. ,:'r~I,~:;);~,:'i::;'" ,,','~;:'/?~~~;r; ,', ,:<~~,~; ,,' ;,:::{" d}i~;;:' '''';;', ~ 0 ' ',i, ;, ; '" '" "'. ,t 'i" ~~: ;-t , ,', '" ;"~ ,.jj' . , .'" ~:i~~:;; ) , ;~,...' ;;;. 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''', ;,.. -,' " , "'";,, "'" :', ,,' " ' ,',::' ~ , ,', ,;:, .';:_:;",(::~, ",' , ", ~ 5i;:; ,"" >u. ..' .',;' . " '.. " ..,,' , ,.":ici'. .. .' , " :"." ~#?c, 41- tJyyj'l';..Ii/7J. 4- ~ 6/fI 96 71~e /~../b ~ 4 ~ ~... " . -. " , COMfREHENSIVE DIVORCE SE1TLEMENT AGREEMENT Pf I, This Agreement is made this I" day of /J1 at. 1996, by and between John E, Anderson, hereinafter referred to as "Husband", rrently residing at 6312 Chesterfield Lane, Mechanicsburg. Cumberland County, PeMsylvania, and Elizabeth J, Anderson, hereinafter referred to as "Wife". currently residing at 200 North Frederick Street, Mechanicsburg. Cumberland County, Pennsylvania, They are collectively referred to as the parties. 2. The consideration for this agreement is the mutual benefit to be obtained by both Parties and the Covenants and agreements of the Parties 10 each other, 3. Each Party to this Agreement acknowledges and declares that he or she respectively: a. Is represented by counsel of his or her own choosing. b. Is fully and completely infonned as to the facts relating to the subject mater of this Agreement and as to the rights and liabilities of the Parties, c, Enters into this voluntarily after receiving the advice of counsel. n I.!:) n ~:. 0\ Tt d, Has given careful and mature thought to the making of this Agr~, 2 :-;i ~: ~"'I. ~~;;11 ~-' . e, Has carefully read each provision of this Agreement. ~ : a>; ~ ~ -n.~ f. Fully and completely understands each provision of this Agreeme~both ~to b ... subject matter and legal effect, ~j ~ ~ 4. The parties agree that the provisions contained in this Agreement are final and cannot be modified other than by subsequent written agreement of the Panies, The parties agree that the terms and conditions of this agreement are to survive any court order or decree of divorce, and are to be enforceable as the independent contractual obligations of the Parties, The parties funher agree to withdraw all claims they have against each other in the pending Divorce action with the exception of the claim for divorce and to execute Affidavits of Consent under the Divorce Code. 5, The panies were married on October 20, 1979 in Cambria County, Pennsylvania, and ever since that date have been husband and wife, 6. The panies have two minor children as of the date of this Agreement, and Wife is not now pregnant. The parties two children. Benjamin Eric Anderson and Julie Katelyn Anderson are not the subject of this Agreement and are being dealt with through a separate Court action , - ~ -.. filed to No, 952 OF 1994, In the Domestic Relations Section of the Court of Common Pleas, Cumberland County, Pennsylvania. 7, The parties agree that grounds for divorce currently exist and that they are living separate and apart. A complaint for the divorce of the Parties was filed in The Court of Common of Cumberland County, Pennsylvania to number 95-1062 CIVIL TERM. on or about February 28. 1995, 8, It is the intent of this Agreement to settle forever and completely the interests and obligations of the Parties in all property that they own separately, and all property that would qualify as marital property under the PeMsylvania Divorce Code as between themselves, their heirs and assigns. The parties have attempted to divide their marital property in a manner that confonns to ajust and fair standard. with due regard to the rights of each Party, 9, The parties intend by this Agreement to allocate sufficient property and income to each so as to provide completely for all needs of each for future support. 10, This agreement shall become effective upon the signing of both parties. II. If after the divorce is final, the Parties reconcile and resume cohabitation, regardless of whether they subsequently remarry each other. this Agreement shall remain in Ii.tll force and effect. 12. Each party represents and warrants that he or she has made a full disclosure to the other of all of his or her property interests of any nature, including any mortgage. pledge, lien, charge. security interest, encumbrance, or restriction to which any property is subject. Each party further represenls that he or she has made a full and fair disclosure to the other of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each Party further represents and warrants that he or she has not made any gift or transfer for inadequate consideration of marital property without the prior consent of the other, 13, Each Party acknowledges that. to the extent desired, he or she has had access to all joint and separate state and federal ta't returns filed by or on behalf of either or both Parties during marriage, 14, There are no actions or proceedings pending against either Party or involving any marital property at law or in equity or before any governmental body, Neither Party is aware of facts that might result in any action, suit. or proceeding against either Party or against any marital property, Neither Party is in default with respect to any order or decree of any court or government body and no marital property is liable for the payment of any obligation by order or decree of any court or government body, 15, All federal. state, and localta't returns required to be filed by the Parties have been 2 , .. . filed. and all federal. state. and local taxes required to be paid with respect to the periods covered by the returns have been paid, Neither Party has been delinquent in the payment of any tax. assessment or governmental charge, Neither party has had any tax deficiency proposed or assessed against him or her. nor has executed any waiver orthe statute of limitations on the assessment or collection of any tax. J;OUITABLE DISTRIBUTION OF PROPERTY. 16, It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property. both real and personal. which was legally and beneficially acquired by Husband and Wife or either of them during the marriage. as contemplated by The Act of Apri12. 1980 (P,L, 63. No, 26) known as "Thc Divorce Code". 23 P,S, 3101 ct. scq, of the Commonwealth ofPcnnsylvania. The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in section 3502 of the pennsylvania Divorce Code, taking into account thc following cOll5iderations: thc length ofthc marriage. the prior marriages of the parties; the age. health, station in life, amount and sources ofincomc. vocational skills, employability. estate. liabilities and needs of the parties; the contribution of one party to the education. training, or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources ofincome of both parties. including but not limited to medical. retiremcnt, ill5urance or othcr benefits; the contribution or dissipation of each party in the acquisition. preservation. depreciation. or appreciation of marital property. including the contribution of a party as a homemaker. the value of the property set apart to each party; the standard of living that thc parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective, The division of existing marital property is not intended by the parties to constitute in any way a sale or exchangc of assets, The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties, Real Prooertv and Mort2a2e 17. The Husband shall be the sole owner. free and clear of any claim on the part of the Wife. and the Wife shall. contemporaneously with the execution of this Agreement, or as soon thereafter as is reasonably practicable. execute and deliver a sufficient deed to the Husband conveying all right. title. and interest in and to the following real property: 6312 Chesterfield Lane. Mechanicsburg, Cumberland County. Pennsylvania. The Husband shall satisfy the present mortgage in favor of Fleet Mortgage by refinancing with a new first-mortgage in his name only. At the settlement conference set for the new mortgage. Husband shall direct that the sum of S5,000,OO be paid directly to Wife, Additionally. Husband shall also execute a lien document in favor of Wife, to be secured as a lien on the marital residence, junior to the new mortgage, in the amount of54,OOO,OO. to be paid to Wife in one total lump sum ofS4.000,OO exactly four years 3 , . '0' from the date of this Agreement. If Wife fails. as required by this agreement, to execute and deliver a sufficient deed conveying all right, title and interest in and to the specified real property. this agreement shall constitute and operate as such a conveyance, Penonal Prooertv 18. All household goods. furnishings, furniture, fixtures, appliances, linens, silverware. dishes, and all other personal property presently located in or at the Husband's current residence, which are currently the property of either or both parties. shall be the sole property of the Husband, free and clear of claim on the part of the Wife, 19, All household goods, furnishings. furniture, fixtures, appliances, linens, silverware, dishes, vehicles, and all other personal property presently located in or at the Wife's current residence, which are currently the property of either or both parties. shall be the sole property of the Wife, free and clear of claim on the part of the Husband. Cash and Bank Accounts 20. All cash presently in the possession of either party. including that held in bank accounts (The parties do not have any jointly held bank accounts), shall remain their separate property, free and clear of any claim whatsoever of the other, Motor Vehicles 21. The parties agree that the motor vehicles presently in each of their possession shall remain his/her sole and exclusive property. Wife presently having in her possession a 1984 L TO and Husband possessing a 1985 Plymouth, There is presently no loan or lien on either vehicle, The parties agree to execute any additional documents which may be necessary to accomplish the purpose of this provision. PensionslEmolovment Benefits 22, Husband agrees to waive any and all right, claims. or interest in the pensions. IRA's. retirement benefits, or any other employment related benefits of his Wife, which may eltisl at the date of this Agreement. Husband agrees to have transferred ("rolled-over") into a retirement account. such as an IRA. to be established by Wife, the sum ofTen Thousand (510,000,00) Dollars from the 40 I (K) retirement account he has established with his employer Ai\1 International. This roll-over of funds shall take place as soon as is reasonably practicable following the execution of this Agreement. Each party funher agrees to execute any documenls which may be necessary or may be required in order to accomplish the roll-over, It is funher agreed and understood that it may be necessary for the panies to obtain a qualified domestic relations order to accomplish the roll-over of funds, 4 . . '. Debts not Secured bv Real Estate 23, During the course of the marriage, Husband and Wife have incurred certain bills and obligations and have amassed a variety of debts, and it is hereby agreed, without the necessity of ascertaining for what purpose and to whose use each of the bills were incurred. that Husband shall be solely responsible for payment of the CoreStates credit card account with a balance due of approximately $1,245,00; and that Wife shall be responsible for payment of the Boscov's credit card account with a balance due of approximately $176.00 and the Sears credit card account with a balance due ofapproximately $770,00, This provision sets fonh the method for payment and assumption of the debts and liabilities of the parties, Since the assumption is not binding on the creditor, the party assuming the debt agrees to indemnify the other party in the event the creditor seeks to hold the other party liable, Should the parties wish to bind the creditor and relieve the original debtor from all liability, a novation should be executed. The parties shall be individually liable for all other debts which are solely in their name. including credit card debts and personal loans, By this agreement. neither party shall incur any obligation or liability in regard to any debt which is solely in the name of the other party, No other marital debts exist except as descn1led in paragraph 17. ALIMQNY. ALIMONY PENDENTE LITE AND SPOUSAL SUPPQRT 24, The parties herein acknowledge that by this Agreement they have respectively secured and maintained a substantial and adequate fund with which to provide for themselves sufficient financial resources to provide for their comfort. maintenance and support, in the station of life to which they are accustomed, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, alimony pendente lite, spousal suppon or maintenance, It shall be from the execulion of this Agreement the sole responsibility of each of the parties to sustain themselves without seeking any suppon from the olher party. WAIVER OF CLAIMS AGAINST ESTATE 2S, Except as herein otherwise provided, each party may dispose of his or her property in any way. and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or estate of the other as a result of the marital relationship. including. without limitation. dower, curtesy, statutory allowance. widow's allowance. right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims, S . . ~ hTIORNEYS FEES AND EXPENSES 26, The parties agree to waive receipt of and to be responsible for their own attorneys fees. costs and expenses in connection with this divorce action and in connection with the negotiation and preparation of this Agreement, If either party fails to comply with any provision of this agreement. that party shall be responsible for any attomeys fees, costs and expenses which the other party must incur in order to enforce this agreement. LAW OF PENNSYLVANIA APPLICABLE 27. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in etTect as of the date of execution of this Agreement. ~EVERABILrrv 28, 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, HEADINGS NOT PART OF AGREEMENT 29. Any headings preceding the text of the paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a pan of this Agreement nor shall they effect its meaning. construction or effect. VOLlhlliT ARY EXECUTION 30. The provisions of this Agreement and their legal effect have been fully explained to the panies by their respective counsel. William 1. King. Jr,. Esquire, for Husband, and Bradley L. Griffie, Esquire, for Wife, The parties acknowledge and represent that they have thoroughly read the provisions of this Marriage Settlement Agreement and do understand the legal effect thereof; especially with regard to the fairness and equitable nature of the distribution of marital property between them. Both parties acknowledge that their execution of this Agreement has been done voluntarily and knowingly and their execution is not the result of any duress or undue influence, EFFECTIVE DATE 31, The Effective dale of this Agreement shall be the "date of execution" or "execution date", defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date, Otherwise. the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement, 6 ELIZABETH J. ANDERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-1062 CIVIL>Mbc TERM vs. JOHN E. ANDERSON,' Defendant PRaBC~PB TO ~SM%T RECORD '1:,0 the Prothonotary: " Transmit the record, together with the following , . 'information, to the Court for entry of a divorce decree: .. '~1.. irretrievable breakdown under Ground for divorce: (strike out section 3301(C) ~ of the Divorce Code. inapplicable section.) 2. Date and manner of service of the complaint: by certified, restricted mail on March 4. 1995 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: Mav 30. 1996 : by Defendant Mav 24. 1996 (b) (1) Date of execution of the plaintiff's affidavit required by section 3301(d) of the Divorce Code: N/A . (2) Date of service of the Plaintiff's affidavit upon the Defendant: N/A . 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)(1)() of the Divorce Code. N/A Bradley L. Griffie, r (plaintiff) (~ i ..... b. N ,- .. gi Ii - ::c cI: Q~ U) Si I - ffi -- r= :::l fO -. :l: ~ t.D a C'l v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95- /tJ&.i:.IVIL TERM IN DIVORCE ELIZABETH J. ANDERSON, plaintiff JOHN E. ANDERSON, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, CUmberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator 4th Floor Cumberland County Courthouse Carlisle, Pennsylvania 17013 (717) 240-6200 ELIZABETH J. ANDERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 95- CIVIL TERM IN DIVORCE v. JOHN E. ANDERSON, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Elizabeth J. Anderson, an adult individual currently residing at 200 North Frederick Street, Mechanicsburg, Cumberland County, Pennsylvania. Ms. Anderson has resided at said address since September 1, 1994. 2. Defendant is John E. Anderson, an adult individual currently residing at 6312 Chesterfield Lane, Mechanicsburg, CUmberland County, Pennsyl vania. said address since 1982. 3. Plaintiff is a bona fide resident of the Commonwealth Mr. Anderson has resided at of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 20, 1979, in Johnstown, Cambria County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 'V~ on en - en ,..,.. .r.... ....z: t.,~:::..":'. u;:c'x .~o'.:1..t !...J:. ....... '-, ."""I.-::.t:.~ .~ ,:;;"5:': ~~;.. 't: r ';.\':':'" "!:':x:1.O- ~;.) o~ == 0._ b N 0:: ... :c ~..::=. . . . . It . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ELIZABETH J. ANDERSON, Plaintiff JOHN E. ANDERSON, Defendant 95-1062 CIVIL TERM IN DIVORCE APPIDAVIT OF CONSENT 1. A Complaint in Divorce under section 3301(c) of the Divorce Code was filed on February 28, 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 of Divorce after service of notice of intention to request entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ;:. ;2.4 -'1 , J,L t: ~ J ~N E. ANDERSON Defendant .... r:=.l .- t.-' ('~ -- .- '-U~ ~ (; ; c: , , - C , , ':'.'\ G .~ . " ; .' j .- C . ..- l~~ , .' ,-0, , -~..) ~. " f ~ t . '. .' . ELIZABETH J. ANDERSON, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW . vs. . . . 95-1062 CIVIL TERM . JOHN E. ANDERSON, . . Defendant . IN DIVORCE . WAIVER OP NOTICE OP INTENTION TO REOUEST ENTRY OP A DIVORCE DECREE UNDER SECTION 33011Cl OP THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. DATE: S . ;."~ . .r.((~ qJ?,~/_ C- ()-',~~~r-~ JOHN . ANDERSON Defendant . , . . , I ~, . .' . ELIZABETH J. ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . CIVIL ACTION - LAW . . . JOHN E. ANDERSON, . 95-1062 CIVIL TERM . Defendant . IN DIVORCE . " i I' APPIDAVIT OP CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 28, 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 of Divorce after service of notice of intention to request entry of the decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa. C.S. 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: 417 dOl I,ib C:~,~ EL ABET 01. ANDERSON Plaintiff r-. - 1.11 , " ~ t :; I_I: , t . I c:: , " ,-:! , ; i .. 0 tj I " , '. . , . .. . ,_.. . , .' ELIZABETH J. ANDERSON, . IN THE COURT OF COMMON PLEAS OF . plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . . CIVIL ACTION - LAW . VB. . . . 95-1062 CIVIL TERM . JOHN E. ANDERSON, . . Defendant . IN DIVORCE . WAIVER OP NOTICE OP INTENTION TO REOUEST ENTRY OP A DIVORCE DECREE UNDER SECTION 3301(C) OP THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. DATE: /1!1t,,1/ ..30. /7,"lb o ctoi~,tI;.~ ELI ABETH J ANDERSON Plaintiff ~~ ~! ~ UI III ti !( - .... w ....0 P<Ul ; '" w'" ~~~~ r.- il ij ~ .... .. wI' n jUlO '" - 0 .... ,"'I' o Ul 0( UI .... w_ UlZ" U UI "!-~< U1 - Ii .... <( .. Z .. we", ~ ti c . ....:IE " ~~I ctl z:t~ - % II '" % .. " .... .. f;:815~ ~ .... - Ul '" '" . . III '" ... o w .., g:l ~ ii: o '" Z II 81~~~ o(z~ .. ~ I fil \I. 8 - % a: U ~ ~~~ . .... '" Iil ~~ t!) Z ~J,Z ~ ! HUUO'lH 80 : . . . " , ", ELIZABETH J. ANDERSON . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . VB. . CIVIL ACTION - LAW . . 95-1062 CIVIL TERM . JOHN E. ANDERSON, . . Defendant . IN DIVORCE . This the I~ day of , 1996, the attached Qualified Domestic Relations Order is approved by this, the Court of Common Pleas of Cumberland County, Pennsylvania. BY THE COURT, J. ~ - >-, N to; .- ,.- .. ~;)~ Q .:z 8~ ~... :::: c r;lg I.~~ u- ~E N :S./ - ,,~ .~ 'lUJ re~' :1"': :::> ' "u. .1. -. ,,' .-- ::J w. ID (.) 0' ;J , ELIZABETH J. ANDERSON . IN THE COURT OF COMMON PLEAS OF . Plain tift CUMBERLAND COUNTY, PENNSYLVANIA . . vs. . CIVIL ACTION - LAW . . 95-1062 CIVIL TERM . JOHN E. ANDEIU;ON, . . Detendant . IN DIVORCE . OUALIPIED DOMESTIC RELATIONS ORDER WHEREAS, John E. Anderson ("Participant") and Elizabeth J. Anderson, (Alternate Payee) have agreed to a division of marital property, which agreement has included provision tor a distribution from Participant's account with AM International, Inc. of 9399 West Higgins Road, suite 900, Rosemont, Illinois 60018; and WHEREAS, this Domestic Relations Order (hereinafter the "Order") provides for the division and disposition of the marital co~ponents of the Participant's account in the Plan, which is a retirement plan established by Participant; WHEREAS, Social Security Number for the Participant, John E. Anderson, is 196-38-2518. WHEREAS, Participant, John E. Anderson, intends to grant the Alternate Payee, Elizabeth J. Anderson, rights to such benetits in such amounts on the terms and conditions prescribed hereinatter as provided for in the Plan; and WHEREAS, this Order is intended to be a Qualified Domestic Relations Order (QDRO), as that term is defined in Section 414(p) of the Code and Section 206(d)(3) of ERISA. NOW THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS: 1. The parties intend for the Order to constitute a "Qualified Domestic Relations Order" as defined in Section 414(p) of the Internal Revenue Code of 1986 as amended. 2. This Order applies to the ~ollowing Qualified Retirement Plan: AM International, Inc., 401(K) Employees' Savings and Investment Account, Employee ID i40172, SSi 196-38-2518. 3. John E. Anderson, Social Security Number 196-38-2518 (hereinafter referred to as "Participant") is the participant/owner of a 401(K) Account as identified above and hereinafter referred to as the "Plan". 4. Elizabeth J. Anderson, Social Security Number 204-44- 3716, (hereinafter referred to as "Alternate Payee"), is the Par,ticipant's former spouse. 5. participant's date of birth is September 28, 1950, and his current and last known mailing address is: 6312 Chesterfield Lane, Mechanicsburg, Pennsylvania 17055. 6. Alternate Payee's date of birth is October 11, 1953, and her current and last known mailing address is: 200 North Frederick Street, Mechanicsburg, Pennsylvania 17055. 7. The Participant's account in the Plan is marital property subject to the distribution by this Court. Effective with receipt of this Order, executed by the parties and the Court, the amount of TEN THOUSAND and XX/I00 ($10,000.00) DOLLARS, shall be withdrawn from the Participant's account in the Plan. Funds shall be withdrawn from the Plan for the Alternate , ~ , Payee and directly rolled-over into an IRA account, account number 105 751424, held with Corestate Hamilton Bank of 5201 simpson Ferry Road, Mechanicsburg, Pennsylvania. The amount to be withdrawn from the Participant's account for the Alternate Payee is non-taxable as an authorized roll-over from one qualified plan to another qualified retirement account. 8. This Order does not require the Plan to provide any type of fora of benefit, or option not otherwise provided under the Plan: or require the payment of any benefits for the Alternate Payee which are 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. 9. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. 10. Any reasonable cost incurred by the Plan Administrator to effectuate the terms and provisions of this order may be assessed against that party requiring the servitudes of the Plan Administrator. In the event both parties require services of the Plan Administrator. In the event both parties require services of the Plan Administrator, such expenses shall be divided equally between them. ,~ ...,. rt co s (.; ~, N ....- c- -.., ~."" 'i~, .' '-. -- Ef( :c '-.Jfr; "r.. ".. ""-.) ~C ...... ."t.. r.. ._--.tj ,- t\J 'J~ ft," -. ,~.~ iL r:.. 1;;0 ~' [JI.l.. l,_ ""~. 0 \0 a c-. , . Payee number and directly rolled-over into an held with IU account, account of Pennsylvania. amount to be withdrawn from the Participant's account for the Alternate Payee is non-taxable as an authorized roll-over from one qualified plan to another qualified retir~ment account. 8. This Order does not require the Plan to provide any type of form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefits for the Alternate Payee which are 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. 9. In no event shall the Alternate payee have a greater right than those which are available to the Participant. 10. Any reasonable cost incurred by the Plan Administrator to effectuate the terms and provisions of this Order may be assessed against that party requiring the servitudes of the Plan Administrator. In the event both parties require services of the Plan Administrator. In the event both parties require services of the Plan Administrator, such expenses shall be divided equally between them. The " 11. The parties shall promptly submit this Order to the Plan Administrator for determination of the Qualified Domestic Relations Order. The Plan Administrator is AM International, Inc., 9399 West Higgins Road, suite 900, Rosemont, Illinois. 12. A copy of this Order shall be mailed promptly, return receipt requested, to the Plan Administrator. If this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestic Relations Order, the Plan Administrator shall properly carry out the provisions. If this Order has not been predetermined by the Plan Administrator as a Qualified Domestic Relations Order, then the Plan Administrator shall within a reasonable time after the receipt of this order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and Alternate Payee of such a , determination. Until such time as a determination has been made, the Plan Administrator shall comply with all requirements imposed upon him by Section 404(p) (7) of the Code and Section 206(d) (3) (h) of ERISA. If the Plan Administrator determines that this Order is not a Qualified Domestic Relations Order, then he shall notify the Participant and Alternate payee of such a determination and reason therefor. 13. This Court shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidenced by their affirmations in their Separation and property Settlement Agreement. . '. ~ . IT IS INTENDED THAT THIS ORDER SHALL QUALIFY AS A QUALIFIED DOMESTIC RELATIONS ORDER AS SUCH DEFINED UNDER SECTION 414 (p) 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. - .-....... .,./'::-<.~ / / , . :; ;; ,cy/' Date,' ' r J d~AA_ [ CLJ).I#1__ hn E. Anderson // 5/30/9.b Date cO~_ td-;Gfk ~ Eliz~eth J. derson