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Home My WebLink About95-04075 3 -;P ~ 3 , I I ~ J I' l() r- ~ i' , , , , , , " '. ... '. '.'tfI' ,*,~, ..' .' .' '. ~ ,. ....--",..,.,.,' ," ,. ~ ~ ~ * ~ ~ ~ ~ $ ~ ~ ~ ~ * * " * * * . . i ~ ~ ~ 8 ~ . ~ . * * : 8 ,,.;;- ~. '.:<<,,,:'.. '...... '*'" .*, ':.to .... .... ~ .. ," '. !~ '. * ~ * * * - * * * * * . ~ * , 8 * * i' ~ . ~ - . - . * . * * 8 * ~ $ * * .*,~.... <t\ :Ail; ...; .~.: .:~, ,*' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .* PENNA. 'l'1I0HMI J. W~\..Kf.ll, NIl, 'l'l~I\07'i ".., p" II) ._,---~-,--~^-'--'"'' "_.,,.... .........'.. ' ,'.. .... ....... '... ~ .,.. .. .. .. .. .. .. .. .. .. ... ,*' .:11I:> 'lit' '*, ':tl' ,~;. ,:III:> '.' >11I:' 'lit: '.:;.: .: ,ii':M:'.-_ l'lalntltt V,'pilla I ,I il I\NNf. H. Wf\l,I<EII, PlJtlJndllnl: DECREE IN DIVORCE AND NOW, ~~( 1,,' ti., 'i~....", 19,~'" It Is ordered and decreed that"" :~h~lrl,lli J,', ,Wal"kc~, """""""""""" plaintiff, and, .. ^~I,~17, H.'~a,l,~~~, , , , , , .. .. , , .., .. .. .. , , .. , ...... , , " defendant, are divorced from the bonds of matrimony, The court retains jurisdiction of the following c1alml which have been rolled of record In this action for which a final order hal not yet been entered; None ,.., ...,.".", """ """"""" ,," to,' .0" ..,.."., ..".,.." ",... ", ,..""" ,j.""" I"'" ,.', ,.., .." ,,""," l") If} n , I,n 'II , ~. t " TII "1 ",'i. '/ '/' "t, I :1'1 I, L.j ))1 I ,1/ : ';,l " /:" " ! ') 'I I" " r,', . , ~ ~ ~y" ;, : J~ "?, ,~ ~l~ "~ ~~Ji i e, I) "J -.j \ , '~<,;) \'1 "" 1.1'\' ' ~ ,,\,::) :il, ~ "- ~ (~ ,J. ~,IJ ." "1 .' ~ ~~ 1 'H i p. ~ 'H I-l 0( "< ~ 8 '~'1 I-l u . I'l ::l ... ~:s ~~ ~ ...J ~ ~ [:;' ',j ''H w:s~ ~ 0' ~p. e2l o 0( E-<UZ~ . ~hU g; 01' ~ ~ O~H~W , U t li " ~ <1),0 ~ I ~~~ :I: o i:P"'! ~ ~ ~ ~ Z I l:: H 012: 0( , , . I . , ~~ ~'.Io ~ ~,~ ~J. , " THOMAS J. WALK~~talntlff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, q ,f ,- Lf 0 '/.') (0 u"","-. T JJt..-I--.J IN IHVOHCE ANN~ M. WALKER, Dofendant NO'l'I C 11 '1'~L...JJ.J:;.rumLMllL.~1l\..l.M-.IiliJliTIl, You have been sued in caurt, If you wish to defend against the olaims set farth in the follawing pages, you must take prompt action. Yau are warnod that it yau fail ta da sa, the oaso may pracoed withaut ycu and a decree af divarce ar annulment may be entered against yau by the caurt, A judgment may alsa be entered against yau far any ather claim ar relief requested in these papers by the plaintiff. Yau may lase maney ar property ar ather rights impartant ta yau, inclUding custady ar visitatian of yaur children. When the ground far thF.l d i varce is ind igni ties ar irretrievable breakdawn af the marriage, yau may request marriage counseling, A list af marriage caunselars io aVl1ilable in the Office af the Prathanatary at Cumberland county Caurthouse, Carlisle, Pennsylvania, IF YOU DO NO'1' FIl,1-; A CLAIM FOH ALIMONY, DIVISION OF PROPER'1'Y, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMEN'1' IS GRANTED, YOU MAY LOSE THE RIGH'1' '1'0 CLAIM ANY OF THEM, YOU SHOULD TAKE THIS PAPER '1'0 YOUR LAWYER A'1' ONCE, IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFOHD ONE, GO '1'0 OR '1'ELEPH'.1NE THE OFFICE SET ~"ORTH BELOW '1'0 FIND OU~' WHERE YOU CAN GET LEGAL HELP. Court Administratar Faurth Floor. Cumberland county Caurthouse 1 Courthouse Square carlls1e, Pennsylvania 17013 (717) 240-6200. ,a .bJ a~,'AY~'~~ Antho~.~t::7DeLuca, Esquire f 7' 113 Front Street P,o. Box 3!>B Bailing Springs, PA 17007 .!'J 1,-:1 , 'I I \Tl ~l t i ',.., '\' '."/1 , I '. l' r~-' .J ,n} , I ,,1-9 ,.,' , I "' , ,...., .'i~) .. ; {f.~ ,....- j ,,- I " 1\) "" ~'1.1 ". , , p [" , 1 .~ ) ',\ "I, "'1 , ~I '.') : ~'J I'll " "~ " I i. n ~ J ! .. ,,11 ..\ \ ~"1 ' ~\\ I" I ; .I.. " , 111..1 '(1 i \11' ft'.' I,.'., "\ ~) .', ~:)J . f..:J '... n ld n t; t.l 'I ri!l: , J '. ; ~.. oI:n r ." I 'Ill) i'I' (J,) , , )1 I I ~. ! I::J " , ') I ,t,- ',\',1 ,j.- II ,1 :1 ,J ~~.. . ,.... ." 11\ . 'I , . ') ,",,-j , , i,\ n" " "'I I.') , " " VEl. IN TilE COUIl'l' of' COMMON PL,EAS or CUM13EIlLAND COUN'l'V, PENNSVLVANIA CIVIL AC'l'ION ~ LAW No. 95-4075 IN DIvollcE THOMAS J. W^L~~~laintitt ANNE M. WALnR, Detondant fE~ITION TO APPROVE OUALIElEO-D9M~~rI~~1A'l'IONB ORDEij AND NOW, this :) (ylr day of November, 1996, oomes the Plaintiff, Thoroas J, Walker, by and through his attorney, Anthony L. DeLuca, Esquire and respectfully avers as tollowsc 1. Plaintiff, Thomas J. Walker, is represented by Anthony L. DeLuoa, Esquire and Defendant, Anne M, Walker, is not represented by oounse 1. 2. Plaintiff and Defendant were married on August 11, 1909. 3. A final Decree in Divorce was issued on July 18, 1996 by Judge J. Wesley Oler, Jr, of tbe Court of Common Pleas in and for cumberland county, Pennsylvania. 4. A Property Settlement and Separation Agreement was entered into on January 24, 1996, by and between the parties, f. Under Article III of the Property Settlement and separation Agreement, Husband and Wife agree that in order to affect a fair and equitable distribution of the marital estate Wife is entit1ed to receive the sum of $12,000,00 from Husband's 401(k) pension plan at his place of employment less any penalty incurred upon said withdrawal and any tax thereon. I~ PI.lntl" Thomas J, Walker v, De'endl"t Anne M, Walker In The Court 0' Common PI... 0' Cumberhlnd County, Pe"".ylvenle Docket No, 96-4075 I" Divorce OUAJ.J.El.ED DOMESTIC FlEJ.ATION~L...Qfl.D.EB AND NOW, this 'l('~ day of ....,..11 ( ...,\c,u ,19"", based on the findings set forth below In Itoms one through five, IT IS HEREBY ORDERED, ADJUDGED AND DECREED In Items six through seventeen: 1. Parties: The parties hereto wero husbond and wife, and a dlvoroe aotlon Is In this Court at the obove number, This Court has personal jurisdiction over the partlos, The parties were married on August 11, 1989, 2, Participant Information: The name, lost known address, soolal seourlty number, and date of birth of the plan "Participant" are: Name: Thoma" J, Walker ("PArticipant") Address: 201 Walnut Street, Boiling Springs, Pennsylvania 17007 Social Security Number: 11204-34-6691 Birth Date: July 6, 1945 3, Alternate Payee Information: The name, last known address, soolal security numbor, and date of birth of the "Alternate Payee" are: Name: Anne M, Walker ("Alternate Payee") Address: 31 Main Street, P,O, Box 184, Bethel, Pennsylvania 19507 Soolal Security Number: #179.44-5258 Birth Date: August 20, 1954 The Altemate Payee shall have tho duty to notify the plan administrator In writing of any changes In her mailing address subsequent to the entry of this Order, 4, Plan Name: The name of the Plan to which this Order applies Is the The Teamsters-UPS National 401(k) Tax Deferred Savings Plan (hereinafter referred to as "Plan"), Further, any successor plan to the Plan or any other plan(s), to which liability for provision of Ihe Participant's benetlls described below Is Incurred, shall also be sublectto the terms of this Order, Also, any benetlls accrued by the Participant under a predecessor plan of the employer or any other defined contrlbullon plan , sponsored by the Partlclpanl's employer, whereby liability lor benellls acorued under suoh predeoessor plan or other dellned contribution plan has been lranalerred to tho Plan, sholl also be subjeclto the terms of this Order, Any changes In Plan Admlnlatrotor, Plan Sponsor, or nome 01 the Plan shall nol oflact Alternate Payee's rlght6 as stipulated under this Ordal, 6. Effect of This Order 88 II Quellfled Domesllc Aelllllons Orden This Order creola6 and reoognlzes the existence of on Alternale Payee'6 right to reoelve a portion 01 the Partlolpant's beneflt6 payable under an employer-sponsored dellned oontrlbullon pension plan Ihatls qualified under Section 401 ollhe Internal Revenue Code (the "Code") and the Employee Retlremenllncome Securlly Act of 1974 ("ERISA"), It Is Intended to conslltute a Qualified Oomesllc Relallons Order ("QORO") under Secllon 414 (p) ollhe Code and Secllon 206(d)(3) 01 ERISA and the Rellrement Equity Act of 1984, P.L. 98-397 6. Pursuant to State Domestic Aellltlons Lawt This Order Is entered pursuant to the authority granted In the applicable domestic relations laws 01 Pennsylvania, 7. Amount of Alternllte Payee's Benetltt This Order aSfllgns to tho Alternate Payee an amount equal 10 Twelve Thousand Dollars ($12,000,00) of the Participant's Total Acoount Balance accumulated under the Plan as of July 7, 1996, Further, such Total Account Balance shall Include all amounts maintained under all various accounts and lor subaccounts established on behalf of the Participant, The Alternate Payee's portion of the benefits described above shall be ~egregated and separately maintained In a nonforfeitable Account(s) established on her behalf, This Account(s) will Initially be established In the soma fund mix percantages as the Participant maintains In his account, In addition, the Alternate Payee shall not be entllled to any of the Investment Income (or losses) attributable to her share of the Participant's benefits from the date of division until the date of distribution to the Alternate Payee, 8. Commencement Dllte and Form of Payment to Alternate Payee: If the Alternate Payee 50 elects, her benefits shall be paid to her as soon as administratively feasible following Ihe dale this Order Is approved as a QORO by the Plan Administrator, or at the earliest date permitted under the lerms of the Plan, If later, Benefits will be payable to the Alternate Payee In any form or permissible opllon otherwise available to participants under the terms of the Plan, Including, but not limited to, a single lump-sum cash payment, 9, Alternate Payee'e Rlghte and Privileges: On and after the date that this Order Is deemed to be a Qualified Oomesllc Relations Order, but before the Alternate Payee receives her total dlstrlbullon under the Plan, the Alternate Payee shall be enlllled to all of the rights and election privileges that are afforded to Plan partlolpants and beneficiaries, Including, but not limited to, the rules regarding In- service withdrawals and dlstrlbullons, the right to designate a beneficiary for death benefll purposes, and the right to direct Plan Investments, all to the extent permitted under the provisions 01 tl1ll Plan, 10. Oe.tl1 0' Parllolpant; In thll event that the Participant dies prior to the establishment 01 separate account(s) In the name of the Alternate Payee, such Alternate Payee shall be treated as the sutvlvlng spouse of the Participant for any death benefits payable under the Plan to the extenl of the lull amount of her benefits as oalled for under Paragraph 7 of this Order, Should the Participant predecease the Alternate Payee alter the new account(n) have baen established on her behalf, such Partlolpant's death shall In no way allectthe Alternate Payee's right to the portion of her benefits as stipulated herein, 11. Savings Claula: This Order Is not Intended. and shall not be construed In such a manner as to require the Plan: (a) to provldo any type or form of benefit option not otherwlso provided under the terms of the Plan; (b) to require the Plan to provide Increased benefits determined on the basis of ecluarlal value; or (c) to require the payment of any benefits to the Alternate Payee which are required to be paid to another alternale payee under another order that was previously deemed to be a QDRO, (d) to make any payment or take any action which Is Inconsistent with any federal or state law, rule, regulation or applicable judicial decision, 12. Certification 0' Neoe8lSary In'ormatlon: All payments made pursuant to this Order shall be condllloned on Ihe certification by the Alternate Payee and Ihe Partlolpantto Ihe Plan Administrator of such Information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein, 13. Continued Qualified StatuI 0' Order: It Is the Intention of the parties that this QORO continue to qualify as a QDRO under Section 414(p) of the Intemal Revenue Code. as It may be amended from time to time, and that the Plan Administrator shall resetve the right to reconfirm the qualified status of the Order at the time benefits become payable hereunder, 14, Tax Treatment 0' Distributions Made Under This Order: For purposes of Sections 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 federallnoome taxes on such distribution,