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Home My WebLink About95-04275 ~ c 1 ::r. . .0 7 ~ ~ :::C , l()! r-I 01 -:r-j I ,. . **~**'~~~'N.'~'~*'~"~**'~'~*'~'~*~"~~~*'~~*~ ~ ~~~~,-----~.- -.-'-'. - ."..''-,-_....,......-~.~--..-~ ., ~.-....-._----'-.,.-~_._--~,..(~ w l~ ~ Iv ~ ~ ~ ~1 ~l ~I '.' ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY iir.r~ ~~~ PENNA, STATE OF s DAVID W. HUBNER, .4,27.5 II} 95 ;\: II, Plaintiff ~ ~, \.(.1"....11.'; CIVIL ACTION - LAW ~ ELLEN C. HUBNER, IN DIVORCE ~: Defendant ~ s ~ -"/ ,'0) ~) : I ~l .. DECREE IN DIVORCE ~ ~." AND NOW, '.'""" ~~u~" ,~f)~~", 19, ,ff.". it is ordlHad r.mn dac:raad that, ., " " , , " ,P,~~i9, ,~', ,!i!-l,ql'!<<?F,., , , " , , , , , , ' " , , " plnintiff, and, , . , , , , , ' , , , , " , . . , , , ,J;:l)~,J'! S", ,11l!\J!le,r , , , ' , , , , , , , , , , , , .. dp.fannllnt, ora divorc:an from tha bonds of mntrimony, .. $ $ ~ ~.' i ',' ~ ',' w '.' Tha court ratoins iurisrliction of thp. followin~ r.Inims whic:h hnva bean roisad of racorn in this Dction for which a final ordar hns not yat baan antarad; None. The parties have executed a Marriage Settlement Atreement dated October 16, 1996, which Agreement has been filed of record at the within term and number, and which Agree'nient 'is' incorporated 'in' this' fin,ill' 'Oeer'ee' ii'j'Oivorce' olit. ,is, no,t ,merged herein. " ' " ' , , " , , ., ., , , , ' , , ' , ' , , , " , ' , ' ." ' , " ' , , , 8 * ~ ,'. ~ s n~~~/Jli Allr.t: '.,..J.,'~. (' ~ ) /j. .;,' ~/ ,~. --U-Iio4'Jt~.? ~'c..A~'t, ,-4!1tif,t.."... J / 'l2r"t. K.~, ~hOnOlal\' ~ ,,' ~ ~ s ,,' !I! , ~i '-', ~J ~' :;0 , . .?:. .~:. .:.~. ..,~.~.-~.~.,~*~.~.~.~..~,~,~..~.~,~..~.~.*~.,~~..~ I. (~ I~ I.. ) , \... ~ ~ ~ ~ ~ ~ ~ ~ ~ I~ ~ l~ !::: I~ I~ 1'.- \~ (~ . ' ;~ I: ;~ ~ ~ ,~ I, .~ i.:, i~ I, i~ .I. ~ ~ ~ .~ ~ ~ ~ ~ f. :.; .. .:.;. 111'!'1t (~.:I""'f1,7/'" t67~ IJlJJ I;'/~ Yb 'r!t.~ JII,,:i/t dfI ~ .... .. <::> L' -,. , llJ ~. C) '-"1: '-,. , I'~ ' .. . , C-"i ~~ .. (, !;-:! [2' '.:-, " I , " . U;! 't)j i C- . - to. , ,) L,' ':i1 d . . """"~9",;)I,I,I''''~'Hl,h.' ...1"1,.... CtO"'IfO. O]'1...,r'\> ....)111"."'" .. . . .. Q III !:: z . ~ ~ 0 ... It . ~ ... Z <( . <( ~ <( . ~ W 0 oJ III > ~ . I- ~ oJ . <( Z >- 0 en ~ u en 0 z " >- ~ Z . ~ .J . OJ '" .J 0 z x 0. ~ W ~ II: ~ ci ~ ~ 0 0 " I- z II: 0 - :J 0 ?- M .J . <( m <( . .. en U . M it II: <( J: . .. , . A, . , MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this /(, Pl day of &-f;-f 0. j 1996, by and between DAVID W. HUBNER, of Liverpool, Perry County, Pennsylvania, hereinafter referred to as "Husband", and ELLEN C. HUBNER, of Mechanicsburg, Cumberland County, pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on March 8, 1969; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they are living separate and apart from each other; and WHEREAS, Husband and Wife have made a full disclosure of their assets to each other; and WHEREAS, Husband and Wife are the parents of two children, David C. Hubner and Julie A. Hubner, both of whom have attained adulthood, but the younger of whom (Julie A.) is in need of post- high school financial educational assistance from Husband and Wife; and, WHEREAS, Husband and Wife desire to settle and determine their rights and obligations with respect to each other, including the disposition and distribution of property rights and interests, including alimony, between them, as well as to provide some measure of financial assistance for the post-high school education of their daughter, Julie A. Hubner, "-="""""'- ... .... . NOW, THEREFORE, the parties intending to be legally bound hereby, do covenant and agree: 1. SEPARATION. It shall be lawful for each party at all times hereafter to continue to live separate and apart from the other party at such places as he or she may from time to time choose or deem fit. The foregoing provisions 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. 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, separate and apart from the other. 3. WIFE'S DEBTS. Wife represents and warrants to Husband that since the separation she has not and in the fucure she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts and obligations incurred by the Wife prior to the date of the delivery of this Agreement, and all further debts incurred by the Wife from and after the date of delivery hereof, shall be the Wife's individual responsibility. 2 ~ ~ 4. HUSBAND'S DRBTS. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Husband acknowledges and agrees that all debts and obligations incurred by the Husband prior to the date of the delivery of this Agreement, and all further debts incurred by the Husband from and after the date of delivery hereof, shall be the Husband's individual responsibility. 5. JOINT DEBTS. Husband has filed a filed a voluntary Petition in Bankruptcy in the United States Bankruptcy Court and was discharged from his debts by an Order dated September 21, 1995. Such joint debts as the parties may have; therefore, to the extent any such debts may hereafter be paid, shall be the obligation and responsibility of wife. 6. MUTUAL RELEASE. Subj ect to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators, and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce and except for any or all causes of action for breach of any provision of this Agreement. 3 " 0( 7. DISCLOStmE OF PROPERTY. Husband and Wife acknowledge and agree that they have made a full and complete disclosure to the other of all information pertaining to the parties' separate and marital property owned, possessed and/or controlled by the other at the time of the separation of the parties and, further, have made such full and complete disclosure by the filing by each of them in the pending action in divorce of a formal Inventory and Appraisement. 8. DIVISION OF PERSONAL PROPERTY AND BANK ACCOUNTS. The parties acknowledge that they have heretofore divided between themselves such articles of personal property as they may have had and utilized during the course of their marriage, as well as any banking accounts which they had previously maintained during the course of their marriage. Each party hereby agrees that such articles of personal property and bank accounts which are presently in the possession of or in the name of one of the parties shall hereafter be and remain the sole and exclusive property of the possessor thereof, or the party in whose name the account presently is titled. 9 . AUTOMOBILES. Husband is the owner of a 1986 Toyota automobile. The parties are the joint owners of a 1989 Ford Aerostar Van. Wife agrees that the 1986 Toyota automobile shall continue to be and remain the sole and exclusive property of Husband. Husband hereby agrees to transfer to the sole name of Wife the title to the 1989 Ford Aerostar Van, and agrees to execute 4 .( the certificate of title or an assignment of title, separate from title, in order to enable Wife to secure a title in her sole name. 10. RRTIREMENT ACCOlmTS. Wife has no vested interest in any retirement accounts. As a result of his years of employment as a Minister in the United Church of Christ and in the United Methodist Church, Husband does maintain a vested interest in retirement accounts established on his behalf and maintained by those two Protestant denominations. In the case of the United Church of Christ, Husband's retirement benefit is represented by certificate No. 1-0000-7486, maintained on his behalf by The Pension Boards of the United Church of Christ. In the case of the United Methodist Church, the retirement benefit maintained on his behalf is maintained by The General Board of Pension and Health Benefits of the United Methodist Church and is represented by account No. 0896423. The parties agree that they shall seek the issuance of a Qualified Domestic Relations Order with regard to both of the aforementioned retirement accounts of Husband wherein it shall be provided that the sums in both accounts maintained for and on behalf of Husband upon the date of the Order shall be divided equally between Husband and Wife so that Wife shall be considered the member/owner/beneficiary, in accordance with the rules of each pension plan, of a sot interest in the accumulated value of each such plan, and, Husband shall be considered the member/owner/beneficiary in accordance with the rules of each 5 , '" pension plan, of a sot interest in the accumulated value of each such plan. 11. SPOUSAL SUPPORT, ALIMONY. ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES. Both parties hereby waive and relinquish any right which each of them may have to seek or to receive from the other party the payment of any sums of money as spousal support, alimony, alimony pendente lite or counsel fees and expenses. Husband acknowledges that he has caused to be instituted the presently-pending action in divorce in the Court of COllllllon Pleas of Cumberland County and agrees that he, alone, shall be responsible for all attorneys' fees and Court costs associated with said divorce action. 12 . EDUCATIONAL EXPENSE OF CHILD. The parties acknowledge that their eldest child, David C. Hubner, is an adult, has completed his college education, and is no longer in need of any assistance for any continued educational expense which he may hereafter choose to incur. The parties further acknowledge that their youngest child, Julie A. Hubner, though an adult, is enrolled in a baccalaureate degree program in a college and is in need of financial assistance to assist her in completing her college degree program. The parties agree that both of them shall continue to assist their daughter in her pursuit of a college degree and will do so by making payment to Julie or to the college of her choice, for the remainder of her four-year college degree program, in proportion to the respective annual earnings of Husband and Wife. 6 , .. More specifically, Husband and Wife agree that to the extent Julie incurs necessary expense for tuition, room, board, books and metriculation fees, for which she has not been able to secure scholarships or financial aid through grants and loans, Husband and Wife shall pay to Julie or on her behalf such of those identified educational expenses: Husband to pay that ratio of Julie's expenses as his annual income bears to the total annual income of Husband and Wife; and Wife to pay such ratio of Julie's expenses as her annual income bears to the total annual income of Husband and Wife. 13. IMPI,EMENTATION OF AGREEMENT. The parties agree that, upon the execution of this Agreement, each of them will sign all documents contemplated by the terms of this Agreement and necessary to provide for the transfer of any asset intended to be transferred to one or the other of the parties under the terms of this Agreement and shall cause such executed documents to be delivered to each other upon the entry of a final decree in divorce. 14. 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, and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement, or seek such other remedies or relief as may be available to him or her. 15. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, 7 , warranties, covenants or undertakings other than those expressly set forth herein. 16. MODIFICATION AND WAIVER. The modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 1? DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. 18. INDEPENDENT SEPARATE COVENANT. It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 19. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. VOID CLAUSE. 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. 8 ~ ~:.o...:. ; 21. ENTRY A9 PART OF THE DECREE. Husband has initiated the action in divorce under Section 3301(c) or 3301(d) of the Pennsylvania Domestic Relations Code, filed in Cumberland County to No. 95-4275 Civil Term. It is the intention of the parties that the within Agreement shall survive the aforementioned action for divorce, and that no order, judgment or decree, temporary or interlocutory, final or permanent, shall affect or modify the financial terms of this Agreement. Both parties agree to execute Affidavits of Consent for the purpose of entry of a Divorce Decree under Section 3301(c) of the Pennsylvania Domestic Relations Code. This Agreement shall be made part of any such judgment or decree of final divorce, but shall not be merged therein. Husband agrees to provide to Wife, at his expense, a certified copy of the final Decree in Divorce. 22. VOI,t~ARY EXECt~ION. Husband acknowledges that Carl G. Wass, Esquire, has served as legal counsel to him in connection with the pending divorce action and in the preparation of this Marriage Settlement Agreement. Wife acknowledges that David W. Rahauser, Esquire, has served as legal counsel to her in connection with the pending divorce action and in the preparation of this Marriage Settlement Agreement. Both parties do acknowledge and declare that each does understand the full legal effect of this Agreement, especially with regard to the fairness and equitable nature of the distribution of marital property between them and tho waiver of spousal support and/or alimony payments provided in thin 9 Agreement. Both parties acknowledge that their execution of this Agreement has been done voluntarily and knowingly and that their execution is not the result of any duress or undue influence. , IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS, ~ Qat.. ...<:l. C\...oJ 97 hJ fL-. L.~) I.{.... ~ David W. Hubner 10 f'oOQ,^-C.)~ Ellen C. Hubner AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF ih L "'l'/~i h, SS: On this, the ,Ie II, day of (oj (' /1: t'{'!.'L , 1996, before me, a Notary Public, the undersigned officer, personally appeared DAVID W. HUBNER, 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 therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. y /;)t.W./~( ry Public NOTARIAL SEAL UAf1CY L BRESKI, Notary Public HartiSbut.g, Dauphin County M, Commission E'plres March 16, 2000 On this, the /t I/; day of ([JJ:..--f~.......-J , 1996, . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF -f_4~~"..;.;---..--.. SS: before me, a Notary Public, the undersigned officer, personally appeared ELLEN C. HUBNER, 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 hereunto set my hand and official seal. ~..../_> C), i)c,,_ /1- Notary l1ublic ~io~.. III COIIMISSIllIl WillO JUl.Y7.W 73987-1 IN 1llE COUR'l~ OF CGMlN PLEAS OF CLMBEflLAND COUNTY, PENNSYLVANIA DAVID W. HUBNER, Plainti ff 95-4275 CIVIL 19 95 NO. VS. CIVIL ACTION - LAW IN DIVORCE ELLEN C. HUBNER, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information. to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakd~n under Section 3301 (c) ~3<H.-tdH-i.-j of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the ccmplaint: Auqust 16. 1995. bv certified mail, restricted delivery, return receipt requested. 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 October 29. 1996 by the defendant October 16, 1996 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None. The parties have executed a Marriage Settlement Agreement dated October 16, 1996, which Agreement has been filed of record at the within term and nu~ber. and which Agreement is requested to be incorporated in the final Decree in Divorce* 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 Waiver of Notice filed. N/A See Affidavit of Consent and *but not merged therein. - iT: ..:r ;>- c: ~- i~ -, .' ~~~ .;3 ~) ~~ ^",Hy tEf,' c:: ,);:: ~;, ..l~ " N .'~ ( ,0('0 UJe '!;S u!\.: ...'~.. ,m j~ ~; 10.. LL - ~':~ U 1.0 ::'1 en U fr. ~ wQ 4[" ltr, ~f:. F u.. o ,- ..:r 8 . } J ,.. ~ ~ ""I 1t~ ., -.- )..' ~ " ~ ~ 1'-', ~l ~.... ,,' "- ,-, \~ I}, J ~ ':;.. \r) '1 \j '~-: ~~ J\: 1 ....... ~ ...'~ Q Ul r;: z~ ~:( o:;~ ...- <( c C "z LLJ ~.J ... II( ..... III> ~. ~ ...;:! ... 0 Z U) ... ~ III I 0 z .J<~ ~z ..J ~ z x ~ l&J Ui II: ~ . ;=:0 0"0: c"'''' z -101- -j A ~ 4( f'I GI .... ..Ill U c 1'1 it 0: C :J: . ~ _""""..0'10'101'.... OtfMl(jIO"'''W/'lIt .U,,,.....,,ll.. lYOIlJn.'''' . , DAVID W. HUBNER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 11. 'I;;n5' d,,tJ J2tlVt ELLEN C. HUBNER, CIVIL ACTION - LAW Defendant IN DIVORCE 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 made proceed without 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, Room 101, Dauphin County Court House, Front and Market Streets, Harrisburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF 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 LAWYER REFERRAL SERVICE COURT ADMINISTRATOR Third Floor, CUmberland County Court House Carlisle, PA 17013 (717) 249-1133 54706-1 DAVID W. HUBNER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. ELLEN C. HUBNER Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(C) OR 3301(d) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is David W. Hubner, an adult individual who resides at 2613-B Green Street, Harrisburg, Dauphin County, Pennsylvania 17110. 2. Defendant is Ellen C. Hubner, an adul t individual who resides at 786 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Conunonwealth of Pennsylvania for at least six months inunediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 8, 1969, in Chicago, Illinois. 5. There have been no prior actions in divorce or annulment between the parties. 6. The Defendant is not a member of the armed forces of the United States or any of its allies. 7. The Plaintiff avers that the marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court ..~ require the parties to participate in counseling. The Plaintiff does not desire counseling. 9. Plaintiff avers that there are no children of the parties under the age of 18 years. 10. Plaintiff requests the Court to enter a Decree of Divorce. CALDWELL & KEARNS Date: nidi""};!: /ti9:1 By (,(".p~ dl.t)[r4A.-J Carl G. wass, Esqu re 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 1. D. #07268 Attorney for Plaintiff 54695-1 ,. , , , \, VERIFICATION I, DAVID W. HUBNER, verify that the averments made in this Complaint 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: ~:;-. I '1.1- /'i:/ ,;L ~- David W. ubner 54108-1 ~ - "'" ..,,",..-~ r' ..... ~ '.' .., ';:'1. "''''K......')''..,j..~.I'\;,'....n''. ClI""NOl 0) n...,,.. 'l9"Jl1 11'1'15'''' ~.. ~.. ,.. ',' Q en E z . l- e 0 ... It ;: ~ ... Z <l: . II e . I- III 0 .J III ~ llC . .... . I- ~ 0 e z ~ u C/) 0 Z " )- II Z . .. .J . Iol Iol .J 0 z x 0. I- III ~ a: II 15 ~ ~ 0 0 w a: 0 .. .... z ::> 0 .... M .J . e aJ <l: . to !!! U . t'l a: a: e x " DAVID W. HUBNER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 95-4275 civil Term Plaintiff vs. ELLEN C. HUBNER, CIVIL ACTION - LAW IN DIVORCE Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: Personally appeared before me, a Notary Public in and for said Commonwealth and County, Carl G. Wass, Esquire, who being duly sworn according to law, states that he served a certified copy of the Complaint in Divorce, with attached "Notice to Defend and Claim Rights", upon the Defendant,Ellen C. Hubner, pursuant to Pennsylvania Rules of Civil Procedure 403 and 412 by mailing to the said Defendant at her residence, 786 Allenview Drive, Mechanicsburg, Pennsylvania 17055 , by certified mail, restricted delivery, return receipt requested, said certified mail piece being No. P 832 865 407; that service of the foregoing was made on August 16, 1995; and that attached hereto and incorporated he~ein by reference is the return receipt, bearIng the signature of the Defendant, acknowledging receipt of the aforementioned documents by the Defendant. Sworn to and subscribed before me this ,1/,f day of il'_)'/I " -( , 1995. , , .1 /:) Lf:4,J.t~-1 56437-1 NOTARIAL SEAl NANCY L BRESKI. Notary Public Harrlsl:ulQ, PA. 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I .' .,1 ;! fti DOMEsnc RETURN RECEIPT ,~ . .. ----' r-;-;," ..... ',' f. ,. J ,..... .' LJ DAVID W. HUBNER, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 95-4275 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE ELLEN C. HUBNER Defendant AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING I, DAVID W. HUBNER, being duly sworn according to law, deposes and says: 1. A Complaint in Divorce under Section 3301 (c) of the Domestic Relations Code was filed on August 9, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service 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 Decree. 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; I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request; and, being so advised, I do not request that the Court require that my -- --.,.... spouse and I engage in counseling prior to a Divorce Decree being handed down by the Court. 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: O~~o~e.r '2..'r"Q9C, ~ t:~.~ David W. Hubner 79260-1 I I I i I I l I I ! , .... ..:l" 1:- .:: i::.~ c .. ";.S Hl<;~ ..:J c..:)"'; ~ .'; \" ' ; ~~ .I...., 1..-' l:t- '. <,>~' -'::J C( ("".: ',:~ f.,.;..l r~t' .' ':1 I c .. ;.l': I', .0 .:) L.l 1.:,;-\ U ~ . ""0101 I :AL..C\...Jf!:l.L.. 6. ~I!.AI'I~!o TO 717ze"23e~ .~~,l""-U! ~~I~~ ~0.~ ~,0Z~03 ::lAVIU w. HU!lNBR, Plaintiff IN ~~E COURT OF CO~ON PLEAS r.tiMBltRUND COUNT'{, PIiNNS'.ClNANIA No. gS.~a7S CIVlu TSRM VB. ELLEN C. HUBNER Defend.ant CIVIL ACTION - t.AW : IN DIVORCE; :')EPEUOANT I S AFFIDAVIT OF CONSIi:NT .M'D WArvR~, 01l' ~OTXQm OF INTI!NTION 'ro REQtmST ENTRY OF A DIVORCE DECREE UNDER ~p.~TnN ~101(~) C? T~ nTvoa~R ~~nR A Complaint in Divorce under Section 3301(C) of the Divorce Code was filed on August 9, 1995. 2. Defencl.ant ackno~ledgea that a copy of the Complaint was served on AuguSt 16, ~99S. 3. The marria~e of Plaintiff and Defendant is irretrievably broken and nine:y (90) days have elapsed, both from the date of the filing of t:le Complaint, ane! from the service of the Complaint. 4. I 'Jonsent to the entry of a final Decree of Divnr...... without notice. S. I une!erstand that I may lose rights concerning alimony, div1Bi~n of property, lawyer's fees or expenses if. I do not olaiM them before a d.ivorce is granted. 6. I understand that I will not be divnrced until a oivoro& Dec:ee is entered. by the Court and that n copy of thQ Decree will be sent to me immediately after it is fil.~ with the ?rothonutary. "'''04'' . e.~Cl.eL.\.. I\. ~eAl"'~! TO 7l"1.e"Z1~'! l~~' lQ-;.e ~eI4~ ~~..~ ~.~3/C~ 7. I have been advise~ of the avallahility of mar~iage counseling and understand that I may request that the Court require ccunseling. I do not request that the Co~rt require counseling. I verify that the 8tat~~nts mad~ ~n this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S, Sectio~ 4904 relating to unsworn falsification to authorities. Dated: 10/;"/ 'Ira I , ['OO~C.~ Ellen . Hubner, Defendant 79261-1 '0. .:r (~ b: c.;:; r:- .. .~l.-~ u'(' - \.., () ". , :,;.11 Ii: ~ L_ " -;: 1-.,-,' ",J l{( , ,. ,-, ' .. u :' -.-' , : , .j C. 0 . "::.- : I .n i '- ~.) \ U ~ ~ ,. '.:) , ,.. f~ ,n' t;'oo ... l.l" -' ~ , o' "0\ , I. ~ " .I ':" U' , ~ c: .'. " ll_ i:l .J '~ l._ " ~ j ,\~ ,~ C" () ~ ~ . . ~ i.J '" R 0 III !:: z z ~ ~ 0 w 0: . ~ w z <l: . <l 0: ~ . oJ ~ W 0 oil ~ . I- ~ . >- 0 <l z III ..., u III 0 Z " 0: . >- ~ z .J z bJ r bJ .J 0 z ~ D. W ~ It 0: 15 ~ ~ 0 0 " I- z It 0 . :> 0 I- 0:; .J . <l m <( . '" III U . 1'1 it It <l J: .....KH...tt""H.."1lu"....JQn... QtoI..lfO. O)4'\ul"lt 1YtIl11I\'J'l1y \:)\. DAVID W. HUBNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 429S 1994 n\, ,;\.~',u'\ 9S . i-I;;"'f,b I..:. ~ , I\.. CIVIL ACTION - LAW IN DIVORCE vs. ELLEN C. HUBNER, Defendant OUALIFIED DnMRSTIC RELATIONS ORDER AND NOW, this /~ t'\ day of d-J~~ _;!' and stipulations of counsel for the Plaintiff, , 1997, upon the representations and the 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 (including both the fixed benefit account and the variable benefit account) accumulated under an employer- sponsored defined contribution plan which qualifies as a "church plan" under the Internal Revenue Code (the "Code"). It is intended to constitute a Qualified Domestic Relations Order ("QDRO") under Section 414(p) of the Code 2. The name, address, birth date and Social Security number of the "Member" (or "Participant") are: Member: David W. Hubner Birth Date: July 29, 1947 Social Security Number: 389-44-1173 Address: 443 Valley Road, Marysville, PA 17053. ~ en .- ., 1-' 'L..~ I. 1I':, - .-':-.?; ci . :. ~.:: 8: ., i!: , . .::~ C;'f "C 01" ~ ..'L'J 1.1." N ~ ':~ rC!' r':_ t.jj] L'_' .'lLl. .- ~ .' u ;"'- ':.J 0 0' '.J 3. The name, address, birth date and Social Security number of the "Alternate Payee" are: Alternate Payee: Ellen C. Hubner Birth Date: September 21, 1946 Social Security Number: 357-38-4667 Address: 621 Allenview Drive, Mechanicsburg, PA 17055. 4. The name of the Plan to which this Order applies is the Annunity Fund - United Church of Christ. Further, any successor plan or plans to the Annunity Fund - United Church of Christ shall also be subject to the terms of this Order. 5. This Order is entered in accordance with the Internal Revenue Code of 1986. 6. This Order relates to a Divorce Decree issued on November 15, 1996, by the Court of Common Pleas of Cumberland County, Pennsylvania, divorcing the bonds of matrimony between the Member and the Alternate Payee. 7. Amount of Alternate Payee I s benefit: Pursuant to the Divorce Decree and the incorporated "Marriage Settlement Agreement", paragraph 10 thereof, this Order assigns as of the date of this Order the account balances (comprised of a fixed benefit account and a variable benefit account) of the Member as follows: 50% thereof to David W. Hubner, Member, and 50% thereof to Ellen C. Hubner, Alternate Payee. 8. Commencement date and form of payment to Alternate Payee. In accordance with the Rules of the Annuity Fund - United Church of Christ, there shall be established a separate but comprable accumulation account or Annuity in the name of the Alternate Payee within the Plan by the Plan Administrator, as soon as is administratively feasible following the date this Order is approved as a QDRO by said Plan Administrator. Thereafter, both the Annuity Fund accounts of the Member and of the Member and the Alternate Payee shall continue to be maintained and administered in accordance with the Rules of the Annuity Fund - United Church of Christ. 9. This Order is not intended, and shall not be construed in such a manner as to require the Annuity Fund - United Church of Christ: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Annuity Fund - United Church of Christ; (b) to require the Annuity Fund - United Church of Christ 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. Certification of Necessary Information: All payments made pursuant to this Order, shall be conditioned on the ~ certification by the Alternate Payee and the Member to the 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. 11. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under Section 414(pl 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 12. 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. 13. Constructive Receipt: In the event that the Annuity Fund inadvertently pays to the Member any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Member shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten (10) days of receipt. ~ 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 Annuity Fund Termination: In the event that the Member's benefits, or any portion thereof, become payable to the Members as a result of the termination or partial termination of the Annuity Fund - United Church of Christ pursuant to Title IV of ERISA, then the Alternate Payee shall be entitled to commence her benefits immediately in accordance with the terms of this QDRO and in accordance with the termination procedures of the Annuity Fund - United Church of Christ. 16. The parties designate the following attorneys as representatives for receipt of copies of notices: For Member: Carl G. Wass, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, PA 17110 For Alternate Payee: David W. Rahauser, Esquire 173 Lincoln Way East Chambersburg, PA 17201 BY THE COURT: J. 82885-1 ~~ DAVID W. HUBNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 4275 1995 CIVIL ACTION - LAW IN DIVORCE vs. ELLEN C. HUBNER, Defendant STIPULATION POR ENTRY OP QUALIFIED DOMESTIC RELATIONS ORDER The plaintiff herein, by his counsel, and the Defendant, by her counsel, hereby Stipulate as follows: 1. The date of the Divorce Decree is November 14, 1996. 2. Pursuant to the Decree in Divorce which incorporated the "Marriage Settlement Agreement" of the parties, particularly Paragraph 10 thereof, sot of the retirement accounts of David W. Hubner upon the date of the Qualified Domestic Relations Order issued by your honorable court are to be awarded to Ellen C. Hubner. 3. For ease of administration and computation, it is acknowledged that, as of the date of this requested Order, the entirety of the Annuity Fund accounts of David W. Hubner, comprised of two separate accounts to wit: a "fixed benefit account" and a "variable benefit account" shall be divided equally upon the date of the within Order and: Fifty percent thereof shall be set aside in the name of David W. Hubner, member, and: Fifty percent thereof shall be awarded to Ellen C. Hubner, Alternate Payee. 4. A Qualified Domestic Relations Order is required by the United States Internal Revenue Code to effect such assignment without Federal income tax consequences. 5. The parties have submitted the transaction contemplated hereby to the administrator of the plan and the administrator has determined that the proposed Order attached hereto would, once entered, constitute a Qualified Domestic Relations Order that the administrator could effectuate without adversly affecting the tax- qualified status of The Annuity Fund - United Church of Christ. 6. Attached hereto is the proposed Qualified Domestic Relations Order which the parties have agreed to have this Court enter in this case. WHEREFORE, Plaintiff through his counsel, and Defendant, through her counsel, jointly move Your Honorable Court to enter a Qualified Domestic Relations Order in the form attached hereto. Date: '2. /e: "2 /9 '7 I . Date: d.Jf~?J I ~ Carl G. Wass Esquire Attorney for a~ubner ~'C~.& Esquire Attorney for Ellen C. Hubner 82885-1 (@ -,- r:"') r:~ c:.; I,' 1I1/ .- " ~ '-~' .-; I" I'" J " 'Ii; < ~:' :'1 c',~. ,', \' J , \, I ..- , , ~~ - \', ,- " \~ , cr ',.J .....~I....t>"..".,'llJ..U..~'..lj. oo."lfOIO:l.~'Y')I'JtU"" MAr; /,L/ ~ 1~97 ~if' Q 1Il ~ Z . ~ ~ 2 '" ([ .. ~ '" z <( . 0( " 0( . ..J ~ ~ W 0 .. x . l- . ~ >- 0 0( z III 16 v III 0 z . >- " z .J . ~ ... . ... .J 2 z . Q. ~ W ~ II: " ~ ~ ~ 0 0 " I- z II: C . :;) 0 ?- M III .J . 0( <( . to III U . 1'1 it II: 0( :x: ~. . . 'j III IY\VID W. HtJIlNEa, Plaintiff VI. t IN 'lllE CXXJR'l' CE cx:r+m PLEAS I aH3DlIRm 0XlNT't, PENNSYLVANIA t I NO. 4275 1995 I I CIVIL 1tC1'ICN - lAW I IN DM:RCE ELLEN C. HtJIlNEa Defendant QUAUFIED DOMESTIC RELATIONS ORDER ThIs cause coming on for hearlng pwsuant to the law of this State governing the division of marital l'AUperty Incident to the dissolution of murlage (divorce). the Court. being fully advised In the pmnises. FINDS: A. (2) David William Hul::ner (the "Participant") Is enraIIaIln the MInIsteria1 Pension Plan ("MPP") adminlsteml by THE BOARD OF PENSIONS OF nIB UNITED ME'IHODISf CHURCH. INCORPORAlCD IN IWNOIS (the "Boud"). the addrea oEwhich Is 1201 Davis Stttet, Evanston. Illinois 60201. The Baud Is the operational um of the General Baud of Pension and Health Benefits. an administrative general agency of The United Methodist Chun:h. The Participant has an accoWlt balance. a right to receive benefits. aRocated funding or an annuity (collectivdy. "pension benefits' In. or arising &om. one or more of the following pension accounts: ~, i ; .', ~J MPl'.QDIlQWOln , . ...,j Lj -.......-v'-. '.,', ... -oj .......,.:j ... . . . " Q,uaUOecl Domatle R.c1atloRl Order Pase 2 (I) The "Pre-1982 Service Bendlt,"whIch repmcnu the benefttpmvtded by each appUcable .Annual Conlerenc:e through Supplement One of MPP. bdn& the greater of (a) tho: Partidpant'. pre.1982 aervice annuity accumulation (Le" pce-1982 church contributiON and accumulated earnings thereon), and, If the appUcable annual conference tequila pre-1982 penonal contributiON to be used u funding for the pre-1982 aervice benefit, the Partldpant'. pre-1982 penonal contributions accumulation (Le., pre.1982 penona1 contributions and accumulated earnings thereon); or (b) the Participant'. Fcmnula Benefit. The Formula Benefit lIa benefit based upon a Participant'. nwnberof'yeazs of'pce-1982 SCIYice with pension cmiit and the pension rates established each year by the applicable annual confCIalces. (2) The "Church Account," which consisu of contributions made by a church m employer to the aedit of'the Participant after 1981, u adjusted Cor earnings and losses. (3) The "Personal Account,. which consists of after.tax contributiON made by the Participant, except. pre-1982 contrlbutions which &Ie requiIecI by the app1lcable annual confCIalce to be wed u funding for the pre-1982 aervice benefit, u adjusted for earnings and losses. (4) The "SaIaJy-Reduction Account," which consists of contnoutions made by a chwdl ClC emplayu to the aedit of the Participant punuant to a saWy.n:ductlon agreement, u adjusted for cam1ngs and losses. MPP~70I9S Q.ua1Ined Dom~tle RelatiON! Order P'r' 5) The "Q.VEC Account," which consIsU of contributiON! made by the Puddpant pursuant to Int.c:mal Revalue Code 1219(e)(2) u It exlncd prior to the enactment of the Tax R.cConn A1::t of 1986, u .dJust.cd fex earnings and 1_. (6) The"R.oIloI.v Aalount,. which CtOIISIsU of funds transfcmd to MPP for the bcnc6t of the Putldpant. from, or atuibutable to, another retirement Income plan, u adJust.cd for earnings and losses. B. The PartJdpant'. CUIIalt or last Jcnown .ddress II PI 443 ValleY Road. Marvsville, PA 17053 141 C. The penon to whom the award of pension bcnefiu II made herein II Ellen C. Ilutrler or last Jcnown addIess II IS) (the "A1tcmateP.ytei. wboseammt 786 Allenview Drive. Mechanicsburq, PA 17055 . The Alternate P.yte and whose Social Security number is (6) 357-38-4667 II the Partlcipant'.: (7) 0 Spouse ~ Fonner spouse: Date of Divorce NaveIrber 15, 1996 o ChIld 0 Other dependent. D. It is in CXlIIfcJmUtywith Jaw and in ac:cxxdarule with the pinclplea of ~that the Alternate Payee be .wuded . portion of the Participant'. pcnsiOl\ beneJiu. u let forth hexcinbe1ow. . .... -.... .- IT Is THEREFORE ORDERED: A. TheAltmlate Payte Is hereby awarded the following portion of any annuity which the Participant Is ",mnl!1 receiving &om the Board In payment of the Participant'. pension 1oCI'P.QDJ0070Its (a) The.Altmlate Payee shaD have no fUrther c1aim to any bendit based on the Participant's Formula Benefit, and (b) The PartIdpant'. Pre-1982 SeIYioe Benefit shall be reduced by the percentage awarded to the Alternate Pay.:e. C. The Alternate Payee is awarded the CoDowing pension bendits from the PartIdpant'. pension benefiu in the Ministerial Pension Plan, eHectM: (IS) May 31, 1996 , 19_ (the "Date of Division"), to be calculated, valued, and . . Q.ua1Jned Domatle RelatioN Ordu Par" benefits, .uch award to COIM\ence thirty daya after the Boud'. recelpt of this Older and to COIItlnue In dFect lor IS bI& IS the Putldpant COIIdnues to have the rl&ht to receive said annuity: (check only,,,. of the foDowIn& boxes) (') a The PartIdpant Is not aurently recdvlng an annuity from the Board. (I) 0 The PartIdpant Is aurently rece1vin& an annuity from the Board, but the Alternate Payee Is awarded no part thereof. tlOl 0 S per monthly payment, without Increase or decrease: (II) 0 S per annual payment, without increase or decrease; (12) 0 percent of each moothly payment otherwise payable to the Partldpant, IS said amount may Increase or deaease from time to time In acccndance with the provisions of the Ministerial Pension Plan. B. The Alternate Payee Is hereby awarded (U) N/A percent of the Participant'. Pre-19i>2 Semce Benefit In the M\nist.erla1 Pension PIan. efFective (14) 19_ (the "Date of Division"), to be calculated, valued, and divided IS of that date. At all times after said transfer is made: divided as of that date: NI'l'oQDIlQ070ll' , . Q.uaJlOcd Domatlc RelatiON Order Pale S (I) Theaumofll"$ 27,297.45 from the Partldpant'. Church , Aaount. (2) The sum of (11) $ 211.06 from the tax.pald portion of the Partldpant'. Penooa! Account, to be dnwn from the pe-1987 tax.pald portion and the post. 1986 tax.pald portion on a pro-nta basis. If appUcab1e, (3) The sum of 1111 S 458.60 from the taxable portion of the Partldpant's Personal Acxount. (4) The sum of (If) S 8.794.22 from the Partidpant'. Salary- Reduction Aaount. (5) The swn of (20) S 519.20 from the Partidpant'. Q.VEC Account. (6) The sum of (21) S N/A from the Partidpant's Rollover Account. D. Pension benefits hereby awanled to the Alternate Pa)'!:e &om my account which consIsU of Investment In more than one of the Divenlfied and Spedal Funds maintained by the Board shall be dnwn &om each such fund pro-nta. The Alternate Pay.:e shall have the right to dwlge the funds In wh1c:h such pension benefits are Invested In accordance with the Investment election provisIoN of MPP. but no such change shall be efFectiYe until the next regular date 10 provided for Implementing Investment election changes. E. If pension benefits are hereby awaxded to an Alternate Pay.:e from the Partidpant'. Pre-1982 SeMcc Benefit, and If on the Date of Division the Panidpant's balance In that account contained contributioN for pre-1982 service &om more than one annual conference. then the peICeIltage awuded to the Alternate Payee of the Participant's contn'butiona and eamings arising MPP.QP1lOO701ts Q,uaUned DomaUe RdaUona Order Pale 6 from each such CIOnCerence shall equal the percentage of the Partldpant's total Pre-1982 ServIce Benefit awarded to the Alternate Payee. f. Any tnnsfu &om OIIC DIYcnI8ed or Spcdal fund to another Dlven1ftcd or Spcdal fund whlch wu or b made between the Date of Division and the time of the actual traNfer of pension benefiu to the aedlt of the Alternate Payee pursuant to thb Order Iha11 be deemed to Include the Participant's and the .Alternate Payee's pension bcnefiu therein In Ih.ueI which are proportionate to their respective Interests In the fund from which the transfer wu made immediately prior to the transfer. G. EamIngs and losses which accrue after the Date of Division on pension bcnefiu hereby awarded to the.Altcmate Payee shall be allocated to the Alternate Payee. DIstributions to the Participant after the Date of Division shall be deemed to be made from pension bcnefiu other than those hereby awarded to the Alternate Payee. H. (1) Neither the Altemate Payee nor any penon claimlng through the Alternate Payee shall have the right by virtue of this Order to: (a) Make conuibutions to the Plan(s); (b) Transfer benefiu to another alternate payee; (e) Recdve a SUIVi:ving spouse bc:ndlt arising from the Putldpant's pre- 1982 service; or (d) ReoeM: pension bcnefiu In the fonn of a joint and survivor annuity with respect to the Alternate Payee and any subsequent spouse. (2) In all other respects the pension benefits herein awuded to the Alternate Payee shall be administered In accordance with the Mlnlsterial Penslon Plan, as it may be amended from time to time. The Alternate Payee shall have all the rights 1oCI'PoQDIlQ'01019S \~{. / Q.ua1lned DomatJc RelatJON Onlu Page 7 and dutla oIa CuI1yvated "wmlnated putldpant" (II that tam II ddlned In the Plan). but 0I11y Cor the pwpoIC of ~tmnInIn& e1lpbWty to recelve baIeflu. The Partldpant WI1 haw: no daIm to pension baIeflu hereby awuded to the Alternate Payee. I. All rlghu 01 the A1ltm1te Payee In the Mln1st.erla1 Pension Plan ahall be aubJect to the cand1tiON. resttIctION, UmItatiom, and requirements appUcable to "tamlnat.ed putldpanu" a. provided by the Plan II It may be amended from time to time. Incllldlna the non.alIenation provisiON thereoC. J. All pension bendiu and other rights. benefits. assets and Interest In the Puticlpant'. Plan not hereby awarded to the Alternate Payee shaI1 be the property of the Partidpant. to the exclllllon of any present or future claim thereto on the part of the Alternate Payee. K. Nothing contained In this Order .hall be construed to require the MInIst.eria1 Pension Plan or the Board: (I) To provide any type or Conn of benefit. or any option. not othClWise provided w\der that Plan; (2) To provide Increased benefits (determined on the basis ol actuarla1 value); or (3) To pay any benefits to the Alternate Payee which lie required to be paid to another Alternate Payee under another order previously detamlned by the Baud to be a 'l',"lIfl~ domestic relations order ("Q.DRO") II that t.eml1s defined with respect to chUJCh plans by S414(p) of the Internal Revenue Code of 1986. ""'oQDIlQWOI9S QualIOed DomatJc Re1atJona Order Pale 8 L The Partidpant aha1l promptly CJCtcute and dellvu to the Board an Aulpllllllt f1j PIlUI4It BnufltI <wIn& the Corm provided by the Board), au1gnln& to the Alternate Payee the paulon beneftu hereby awarded to the Alternate Payee. M. The Alternate Payee aha1l promptly CJCtcute and cIeIivu to the Board anAarptM4lr tf AssIpmmI tfPIlUI4r1 lJi:MfIt3 with respect to the assignment of pension benefiu h6eby ordered, uslnl the Conn provided by the Board. N. The Board, upon receipt oC the Aulpllllllt f1j Pmsl4lt BlMj/t3 and the AarptAlur f1j AuIQllllDlf tfPmsliRl Bmtjits. within a reasonable time thereafter which Is adminlstratMly Ceaslble, shall d'cct the translcr oC benefiu contained herein. O. The Partidpant and the Alt.cmate Payee shall fully cooperate toward the goal of qualIlying and givinl full clfcct to this Order as a QDRO, sedclng any amendment hcrcoC as may be nec:cssaJ)' Cor that purp<l'C- IT Is So ORDERED, this j,-v'j day of /1?4trC.K 97- ,19_. ,./lIL Presiding Judge MPP~70ltJ . ' DAVID W. HUBNER, PlaintiH IN THB COURT OF COMMON PLBAS CUMBERLAND COUNTY, ~BNNSYLVANIA NO. 4275 1995 CIVIL ACTION . LAW IN DIVORCB vs. BLLBN C. HUBNBR, Derendant STIPULATION roa BNTaY or OtJAL:r.IKD ntlII1!9T:rC IIRr.1TION9 OIlDRII The plaintirr herein, by his counsel, and the Derendant, by her counsel, hereby Stipulate as follows: 1. The date or the Divorce Decree is November 14, 1996. 2. Pursuant to the Decree in Divorce which incorporated the "Marriage Settlement Agreement" of the parties, particularly Paragraph 10 thereof, sot of the account balances in the Derined Contribution Account of the Ministerial Pension Plan or the General Board of Pension and Health Benefits of the United Methodist Church, as or May 31, 1996 are to be awared to Bllen C. Hubner. 3. For ease of administration and computation, it is acknowledged that the balance of the Defined Contribution Account is comprised of: A church account, a personal account (tax-paied), a personal account (taxable), a salary-reduction account and a QVBC account, and that: sot of all of the aforementioned accounts shall continue to be maintained and administered in the name of David William Hubner, Participant and sot of all or the aforementioned accounts shall be transferred to and shall hereafter be maintained and administered . in the name of Bllen C. Hubner, Alternate Payee. 4. A Qualified Domestic Relations Order is required by the United States Internal Revenue Code to effect such assignment without Federal income tax consequences. S. The parties have submitted the transaction contemplated hereby to the administrator of the plan and the administrator has determined that the proposed Order attached hereto would, once entered, constitute a Qualified Domestic Relations Order that the administrator could effectuate without adversly affecting the tax- qualified status of the Ministerial Pension Plan of the General Board of Pension and Health Benefits of the United Methodist Church. 6. Attached hereto is the proposed Qualified Domestic Relations Order which the parties have agreed to have this Court enter in this case. WHBRBFORB, Plaintiff through his counsel, and Defendant, through her counsel, jointly move Your Honorable Court to enter a Qualified Domestic Relations Order in the form attached hereto. Date: "2./~b ~7 ( , ..Q Carl G. Wass, , Attorney for Hubner Date, [}/;'S/17 82893-1