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HomeMy WebLinkAbout03-1937 CYNTHIA L. RICHMOND, Plaintiff, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03 -/931 e/u~tr~ CIVIL ACTION - LAW IN DIVORCE DAVID R. RICHMOND, Defendant. NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE 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 BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 CYNTHIA L. RICHMOND, Plaintiff, VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03- /9J? e.~;l 't~ CIVIL ACTION - LAW IN DIVORCE DAVID R. RICHMOND, Defendant. NOTICIA Le han demandado a usted en la corte. Si usted qui ere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted Debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo a viso 0 notificacion, y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes para usted. LLEVE ESTABLISHED DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VA Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA A VERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. DAUPHIN COUNTY LAWYER REFERRAL SERVICE 213 North Front Street Harrisburg, PA 17101 (717) 232-7536 CYNTHIA L. RICHMOND, Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 19J{ et....iL <-y~ CIVIL ACTION - LAW IN DIVORCE DAVID R. RICHMOND, Defendant. COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Cynthia L. Richmond, an adult individual who resides at 1420 1'1~~ pu.. ~ Silver Creek Drive, Cumberland Countf? Pennsylvania, 17050. Her social security number is 191-60-6568. 2. Defendant is David R. Richmond, an adult individual who resides at 1420 Silver Creek Drive, CU~~s'YIC:nia, 1 ~o. ~ociar security number is 197-58-7084. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 12, 1990 in Jamaica. 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 children of the parties under the age of 18, namely: Name Date of Birth Derek B. Richmond May 4, 1995 Erika M. Richmond November 16, 1998 WHEREFORE, the Plaintiff, Cynthia L. Richmond, respectfully requests your Honorable Court to enter a Decree of Divorce in the within matter. By: CALDWELL & KE:: Q... "I:l ~\; ~ Carl G. Wass, quire I. D. #07268 3631 North Front Street Harrisburg, PA 17110 (717) 232-7661 Date: J\~;O c. ~ ,2003 Attorney for Plaintiff, Cynthia L. Richmond 03316/56017 VERIFICATION I. Cynthia l. Richmond, verify that the averments made in this Complaint are true and correct to the best of my knowledge. information and belief. I understand that false statements herein are made SUbject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date: '\\~(""'\\~'::; \ ~~o2J t, ~i~\u<< ~~\rL"r.-Alt 'Cynthia L. Richmond ~ -- ...0 o 6'- 6 " " ~ ~ - ~.-1- 7(~ - (,.j ~ c;:, ---..... -~:' ~2' :~ j;."L_ ... ',,:, '~~<I ,.....) 0; ., (') :c'rn ::::; 5-:,1 ""..; c..,.) -<.. -, .~ rtJ CYNTHIA L. RICHMOND, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-1937 CIVIL TERM DAVID R. RICHMOND, Defendant. CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Cynthia L. Richmond, an adult individual who resides at 1420 Silver Creek Drive, (Hampden Township, Cumberland County), Mechanicsburg, Pennsylvania, 17050. Her social security number is 191-60-6568. 2. Defendant is David R. Richmond, an adult individual who resides at 1420 Silver Creek Drive, (Hampden Township, Cumberland County) Mechanicsburg, Pennsylvania, 17050. His social security number is 197-58-7084. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 12, 1990 in Jamaica. 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 children of the parties under the age of 18, namely: Name Date of Birth Derek B. Richmond May 4, 1995 Erika M. Richmond November 16, 1998 WHEREFORE, the Plaintiff, Cynthia L. Richmond, respectfully requests your Honorable Court to enter a Decree of Divorce in the within matter. By: CALDWELL & KEARNS Q... ~~a..U Carl G. Wass, E uire I. D. #07268 3631 North Front Street Harrisburg, PA 17110 (717) 232-j7661 Date: _~t:llA ~ CS ,2003 Attorney for Plaintiff, Cynthia L. Richmond 03316/56301 2 (") f; ...::, -0 6.~; nlrr: Z:J! zr. rr-. ].., ::< ~>~ C:C~l ::;:;; -, C'7l '. 4--C' :s> c: -:-? ::':::l -< c' (-, 0.) .on :1:: :~ v w .. 1".) *-.1 CYNTHIA L. RICHMOND, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 03-1937 CIVIL TERM DAVID R. RICHMOND, DefendantJPetitioner : CIVIL ACTION - LAW : 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 may 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 ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. 1 COURTHOUSE SQUARE. CARLISLE. PENNSYLVANIA 17013. IF YOU DO NOT WISH TO 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. YOUR SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR, 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6200 CYNTHIA L. RICHMOND, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 03-1937 CIVIL TERM DAVID R. RICHMOND, DefendantJPetitioner CIVIL ACTION - LAW : IN DIVORCE PETITION FOR ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND COSTS. EQUITABLE DISTRIBUTION. AND CUSTODY AND NOW, comes Defendant, David R. Richmond, by and through his attorney, Lori K. Serratelli, Esquire, and files this Petition for Alimony, Alimony Pendente Lite, Counsel Fees and Costs, Equitable Distribution, and Custody, and avers as follows: 1. PlaintifflRespondent is Cynthia L. Richmond, an adult individual residing at 1420 Silvercreek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. DefendantJPetitioner is David R. Richmond, an adult individual residing at 1420 Silvercreek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. On April 25, 2003, PlaintifflRespondent filed a Complaint in Divorce. 4. On May 6, 2003, DefendantJPetitioner accepted service of said Complaint. COUNT I ALIMONY 5. Paragraphs one through four are hereby incorporated by reference herein. 6. DefendantJPetitioner is unable to adequately support himself through appropriate employment. 7. DefendantJPetitioner lacks sufficient property, including but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for his reasonable needs. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon PlaintifflRespondent: (a) Compelling the PlaintifflRespondent to pay alimony to DefendantJPetitioner; COUNT II ALIMONY PENDENTE LITE. COUNSEL FEES AND COSTS 8. Paragraphs one through four are hereby incorporated by reference herein. 9. That by reason of the institution of the action to the above term and number, DefendantJPetitioner will be and has been put to considerable expense in the preparation of his case, in the employment of counsel and the payment of costs. 10. That the DefendantJPetitioner's income is disproportionately lower than PlaintifflRespondent's income, and DefendantJPetitioner is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without adequate funds to maintain himself during the pendency of the litigation. 11. The PlaintifflRespondent is employed at Milton Hershey School and earns approximately $80,140 gross annually. 12. The DefendantJPetitioner is employed at Details Landscape Management Company and earns approximately $28,000 gross annually. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Plaintiff/Respondent to pay Defendant/Petitioner alimony pendente lite and counsel fees and costs of litigation. COUNT III EQUITABLE DISTRIBUTION 13. Paragraphs one through four are hereby incorporated by reference herein. 14. Defendant/Petitioner states that Plaintiff/Respondent and Defendant/Petitioner possess various items of both real and personal marital property which is subject to equitable distribution by the court. 15. Defendant/Petitioner requests that this court grant equitable distribution. WHEREFORE, Defendant/Petitioner prays that Your Honorable Court: (a) Equitably distribute all property, personal and real owned by the parties; (b) Grant such further relief as the Court may deem equitable and just. COUNT IV CUSTODY 16. Paragraphs one through four are hereby incorporated by reference herein. 17. Defendant/Petitioner believes that the best interest of the parties' two minor children, Derek Richmond, born May 4, 1995, and Erika Richmond, born November 16, 1998, will best be served by confIrming shared legal and physical custody of the children with the Defendant/Petitioner and P1aintiff/Respondent. 18. The children presently reside with DefendantJPetitioner and Plaintiff/Respondent at 1420 Silvercreek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. WHEREFORE, DefendantJPetitioner respectfully requests that shared physical and shared legal custody of the children be confirmed with the DefendantJPetitioner. Respectfully submitted, Lo' . S atelli, Esquire SE TELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PAl 711 0 (717) 540-9170 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statement made in the foregoing Petition 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. Vq,~dJ tR;l~ ~ David R. Richmond Date: s-- 6 - 03 CERTIFICATE OF SERVICE I, Lori K. Serratelli, Esquire, do hereby certify that on this ~ day of ~ , 2003, I served a copy of the foregoing document by United States Mail, First Class, p~pre-paid, to the following person(s): Carl G. Wass, Esquire Caldwell & Kearns 3631 North Front Street Harrisburg, P A 17110 A;2~, Lori K. Serratelli, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, P A 17110 (717) 540-9170 Attorney for Petitioner/Defendant ~ - ~~&P~-Q o D i:> tl~;; .:-:' ~ C' D i;:;~; '" .!J t t fjdt.. ..' ~ ~ "- ....{}? . . /.j :.......::.1 C~ ',- ~ ~ \0 ::ij -< 4- PQbv 11~- ff (.-" :.::;! , "," (~ _.~:rn oJ ..J 6' ~ -....J) CYNTHIA L RICHMOND, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-1937 Civil Term DAVID R. RICHMOND, Defendant. CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I do hereby accept service of and acknowledge receipt of a certified copy of the Complaint in Divorce in the above case. Date: s-- I .... 03 {2,j tK j~~ David R. Richmond, Defendant 03316/56170 (") a 0 C c.",J -'-1 ~ ~ S-_ '"Ucc _.:+.. :t::..:lI CPr~-: --< ~_.r... /' r"- (Ji c. -~ " ~ --;:j ':5. - :..-.". ~~: ::c.,. S; ;'"\.) r:: :..'1 ----j .--.( c=) - CYNTHIA L. RICHMOND, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-1937 Civil Term DAVID R. RICHMOND, Defendant. CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE OF AMENDED COMPLAINT The undersigned does hereby accept service of and acknowledge receipt of the Amended Complaint in Divorce on behalf of the Defendant, David R. Richmond, in the above case. The undersigned does hereby accept service of the Amended Complaint under Section 3301 (c) or 3301 (d) of the Divorce Code, filed May 3, 2003. Date: :5 lis / ()?> 03316/56757 Lisa 1( erratelli, Attorney at Law Serratelli Schiffman Brown & Calhoon, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110-9670 (717) 540-5481 " .. 0 C) C (.tJ -.:..... '"T] IT' -.....-- QJ . ;:".,". '. ~.~ ;',....,) (i, _J r:: , )t; ..i--"' 7.:.....' , ) ( J 1 _0 -< Q3-!?31 C-l\' i I PREAMBLE IN HIS PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS, EQUITABLE DISTRIBUTION, AND CUSTODY, the Defendant/Petitioner/Father presented the issue of custody in COlmt N, and the parties, having reached a mutual agreement with regard to the resolution of the matter of the custody of their two minor children do hereby present the following Stipulation to your Honorable Court. STIPULATION OF THE PARTIES AND NOW, comes David R. Richmond (hereinafter "Father"), with his counsel, Lori K. Serratelli, Esquire, and Cynthia L. Richmond (hereinaft<:r "Mother"), with her counsel, Carl G. Wass, Esquire, and stipulation and agree as follows: I. Mother and Father are the parents of Derek B. Richmond (DOB: 5/4/95) and Erika M. Richmond (DOB: 11/16/98). 2. The parties have reached an amicable agreement regarding the custody oftheir two minor children, as follows: a. The parties will share legal custody ofth.: minor children, Derek B. Richmond and Erika M. Richmond. All major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing, shall be made by them jointly after discussion and consultation with each other, with a view toward attaining and following a hannonious policy in the children's best interests. Neither party shall impair the other party's rights to shared legal custody of the children. Neither party shan attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance conct:ming their children that could reasonably be expected to be ofconcem to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. That parent shall inform the other of the emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports prepared by any such person. Each parent will notify the other of any scheduled medical appointments for the children sufficiently in advance to permit the other party to attend. b. Except as otherwise provided hereafter in d. iii., both parties agree that their sharing of physical custody of the two minor children, and their exchanges of physical custody shall occur at the residence ofthe parties, and that such residences of each of the parties shall be at no greater a distance than 10 miles from the current residence of the parties at 1420 Silver Creek Drive, Mechancisburg, Pennsylvania. 2 c. The parties will share physical custody ofthe minor children, Derek B. Richmond and Erika M. Richmond on a week-around basis, specifically: the two children shall reside with Mother lor a one-week period which shall terminate on Sunday evening between the hours of 6:00 p.m and 8:00 p.m., at which time Father shall retrieve the two children from the home of Mother and the children shall reside with Father for a one-week period, terminating upon the following Sunday be:tween the hours of 6:00 p.m. and 8:00 p.m., at which time Mother shall retrieve the two children from the home of Father. d. The week-around schedule of shared physical custody of both parents shall exist throughout the year, subject to the following exceptions: I. During the week when the other parent has physical custody of the two children, the non-custodial parent shall be entitled to have the children with him or her, for one afternoon/evening on a Tuesday, Wednesday or Thursday, provided that 72 hours advance notice shall have been given to the custodial parent. The receiving parent shall pick-up the children from school or daycare at the end ofthe school or daycare day and shall return the children to the custodial parent by 8:00 p.m. ofthe same day. 11. Each year, Father shall have physical custody of both children on the 4th of July and Mother shall have physical custody of both children on Labor Day. The parents will alternate having physical custody of the two children on the two holidays of Easter Day and Memorial Day, each year. 3 A holiday, shall be deemed to commence on the evening prior to the holiday at 7:00 p.m. and shall terminate on the day of the holiday at 7:00 p.m. Ill. The parents shall share custody of1he two minor children in the Reading, Pennsylvania area on Thanksgiving Day, with Mother to have both children from 10:00 a.m. until 3:00 p.m., and Father to have the children from 3:00 p.m until 8:00 p.m. IV. The parties shall share the Christmas holiday each year. In 2003, Mother shall have custody of both children from 12:00 noon on Christmas Eve day through 2:00 p.m on Christmas Day, and Father shall have custody from 2:00 p.m. on Christmas Day through 8:00 p.m. on December 26. In 2004, the foregoing schedule shall reverse itself, with Father having both children for the fist s~:gment ofthe Christmas holiday and Mother having the second segment, ,md, thereafter, the Christmas holiday shall continue to be alternated by the parties upon the same odd- year, even-year basis. v. Each year, the children shall be with Mother on Mother's Day, and shall be with Father on Father's Day. VI. The parties shall share custody of their two minor children upon the birthdays of those children in an alternating fashion, to wit: Father shall have custody of Erika on her birthday in 2003, Mother in 2004, and 4 Mother shall have custody of Derek on his birthday in 2004, and Father in 2005. Future birthdays of the children shall be alternated in the same fashion. vn. The holiday schedule previously set forth as exceptions to the week-around schedule shall take preceden<~e over the week-around schedule. Vlll. During the customary summer school vacation, each parent shall have the right to two non-consecutive wet:ks of uninterrupted custody with his or her children provided that, at least 30 days prior to the commencement of any such uninterrupted week, notice thereof has been given to the other parent (who will, during that week, be unable to engage in the afternoon/evening period of physical custody provided in the week- around schedule). Neither parent shall sdect their two uninterrupted summer school vacation weeks during any single, calendar month of the summer school vacation. IX. The parties have carefully crafted the schedule of physical custody which each of them shall have with their two minor children, and have done so for the purpose of keeping to a minimum any conflict between them; however, nothing set forth in the provided custodial schedule shall be construed to prevent the parties from discussing and agreeing upon alterations, from time to time, either in the week-around schedule, or in the 5 holiday schedule. e. At any time when the parent having physical custody shall be in need of a babysitter or daycare provider, he or she shall first inquire of the non- custodial parent ifhe or she is able to provide that temporary babysitting or daycare service. f. Both parties shall make every effort necessary to refrain from making any sort of negative or otherwise disparaging remarks regarding the other parent or his or her family members or significant others while in the presence ofthe minor children and, to the extent possible, shall prevent third parties from making such comments in the presence of the children. g. The out-of-custody parent shall be entitled to one telephone call per day with the children, and the custodial parent shall make the children available for that purpose. This provision shall not apply during an uninterrupted week of vacation. 3. The parties stipulate and agree to the entry of an Order of Court incorporating the provisions set forth herein by setting their hands and seals this ~2.. ~ay of ~' 2003. David R. Riclunond Q~J fiLL) , arl G. Wass, Esquire Q Q'>.'h{? ~~~ '\ 03316/57396v3 Cynthia L. Richmond e \,^^~\i..~~~,,\.,,^,~ ~ 6 o c <"'" -ol';~ IT!!: ~ Z_,. W:;- 0$.,; r ___ \~"' 3> '"', ~c' L....cJ >~~ .e:~ _.~l -< rUt t:) o -1'1 .-, ,- " ~'';3IP 5 "-, 'D ~Tl ';::J '-~jS-) --", \j~~ ',-< ::0 -< .C :.:;;; =:-:1 r::- ..... CYNTHIA L. RICHMOND, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-1937 CIVIL TERM DAVID R. RICHMOND, Defendant/Petitioner. CIVIL ACTION - LAW IN DIVORCE CUSTODY ORDER AND NOW, this SiLday of ~12%. ,2003, the Court, having reviewed the Court, having reviewed the attached STIPULATION OF THE PARTIES, does hereby ORDER and DECREE that the STIPULATION OF THE PARTIES is hereby adopted by this Court; custody of the two minor children, Derek B. Richmond and Erik.a M. Richmond shall be shared by the Parties in accordance with the attached STIPULATION; and, the Parties are hereby directed to comply with the terms of this Order and the attached STIPULATION. BY THE COURT: 59657 ~ LfY/~ RXs Cf1-0~'C5 \fIr-..'l:h\lJ.-SNN3d , I N"r,'-, n' .,r;' ':J0\^'n"" ,\.d \ <~ ,_, ,,' '; ,-,r~ _'C 11 V gs :01 l~\! C - J3S 80 JO ~,~;i,:\:I::}'{l:i "~i~. 03- 19J7 (!;u~L~82lvt MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT, made this \ C) ~ day of <:::)~ ~ , 2005, by and between DAVID R. RICHMOND, of Hampden Township. Cumberland County, Pennsylvania, hereinafter referred to as "Husband", and CYNTHIA L. RICHMOND, of Hampden Township, Cumberland County, Pennsylvania, hereinafter referred to as "Wife." WITNESSETH: WHEREAS, Husband and Wife were married on April 12, 1990; 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 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, and, additionally, they desire to settle and determine their respective rights with regard to their minor children, Derek B. Richmond, born May 4, 1995, and Erika M. Richmond, born November 16, 1998, specifically with regard to their respective rights of custody and their respective obligations and responsibilities to provide support for their minor children. NOW, THEREFORE, the parties intending to be legally bound hereby, do covenant and agree: 1 1. SEPARATION. The parties acknowledge that they have been separated since on or prior to April 25, 2003 and agree that it shall continue to 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 April 25,2003, she has not and in the future 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 reasons of debts and obligations incurred by Wife prior to the date of the delivery of this Agreement, and, all further debts incurred by Wife from and after April 25, 2003, shall be Wife's individual responsibility. 4. HUSBAND'S DEBTS. Husband represents and warrants to Wife that since April 25, 2003, he has not and in the future he will not, contract or incur any debt or liability 2 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 reasons of debts and obligations incurred by Husband prior to the date of the delivery of this Agreement; and, all further debts incurred by Husband from and after April 25, 2003, shall be Husband's individual responsibility. 5 JOINT DEBTS. The parties acknowledge that they have no items of joint indebtedness, their sole prior item of joint indebtedness having been a mortgage loan which had existed upon their marital home, but which mortgage loan had been satisfied upon the sale by the parties of their marital home, additionally referenced in a subsequent paragraph entitled REAL PROPERTY. Two credit accounts which existed upon the date of separation of the parties, to wit a Boscov's account in the name of Husband, and a Cornerstone Federal Credit Union Visa credit card account in the name of Wife, have been paid in full by the party in whose name the account was titled, and no longer represent a joint debt of the parties. 6. MUTUAL RELEASE. Subject 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 7. DISCLOSURE 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. 8 DIVISION OF PERSONAL PROPERTY. The parties have previously divided between themselves the various articles of personal property which had heretofore been contained within their marital home, and both aver that the division of personal property which they have previously made between themselves is agreeable, fair and equitable to each of them. Specifically, both parties hereto agree that all property which may heretofore have been designated as "marital property" and which is presently in the possession of Wife shall be and remain the personal property of Wife alone, and, all such personal property as is presently in the possession of Husband shall be and remain the personal property of Husband. 9. BANK ACCOUNTS. The parties have already equally divided between themselves the previously jointly-owned banking account at Cornerstone Federal Credit Union, and do agree that all banking accounts presently in the name of Wife shall be and remain her sole property and that all banking accounts presently in the name of Husband shall be and remain his sole property. 10. MOTOR VEHICLES. The parties agree that the two jointly-owned automobiles are to be transferred to the sole name of one or the other of the parties, specifically: Husband agrees that he shall execute such documents as may be necessary 4 to transfer the 1999 Honda CRV. LX model automobile to Wife, and Wife agrees that she shall execute whatever documents may be required to transfer the 2001 Honda CRV, EX model automobile to Husband. 11. STOCKS AND BONDS. Wife is the owner of the following stocks and bonds, to wi!: 1) 36 shares of common stock of Alltel Corporation, 2) 511 shares of common stock of Sprint Corporation, and, 3) 28 series EE savings bonds, issued in 1989 or 1990, each having a face value of $75.00. The parties agree that all of the above-identified stocks and bonds shall be transferred by Wife to the sole name of Husband and shall, upon transfer, be and become the sole and separate property of Husband. 12. RETIREMENT ACCOUNTS. A) Laborers' Local Union #158 Pension Fund Husband is a participant in the subject Pension Fund and shall be entitled to retain his participant and beneficial interest therein to the exclusion of any interest therein by Wife. If such should be required, Wife agrees to execute any document appropriate to give evidence of her disclaimer and non-interest in the subject Pension fund account of Husband. B) Wife is the owner/participant in and holds the beneficial interest in a Sprint Retirement Savings Plan account (arising from her prior employment with Sprint 5 Corporation). The parties agree that a Qualified Domestic Relations Order (QDRO) shall be pursued by both of them and secured from the Cumberland County Common Pleas Court by which there shall be transferred from the said Sprint Savings Plan to a retirement account of Husband the sum of $35,900.00. In the event there shall not be sufficient assets in the Spring Savings Plan to provide for the transfer of $35,900 to Husband's retirement account, Wife shall directly pay to Husband, in cash, the difference. On the other hand, to the extent that, after transfer to Husband's retirement account of the sum of $35,900.00, there shall be assets or value remaining in excess of the sum transferred, such excess funds or value in the Spring Savings Plan shall be and remain the sole and separate asset of Wife. To the extent that the relinquishment of Husband of his non- interest, after implementation of the QDRO, shall become necessary, Husband agrees that he shall execute any documentation necessary to evidence his disclaimer or non-interest in Wife's Sprint Savings Plan. C) Wife is currently employed by the Milton Hershey School and enjoys the benefit of participation in the Milton Hershey School Pension Plan. Husband agrees that Wife shall hereafter be and remain the sole owner and shall have the sole beneficial interest in any benefits arising from the Milton Hershey Pension Plan. In the event such should become necessary, Husband agrees that he shall execute appropriate documents indicating his waiver of and declaration of non-interest in the Milton Hershey School Pension Plan maintained for and on behalf of Wife. 6 D) By virtue of her employment by the Milton Hershey School, Wife is also qualified to be a participant and to make contributions to a retirement annuities program maintained by TIAA-CREF Individual and Institutional Services, Inc. The parties agree that a Qualified Domestic Relations Order (QDRO) shall be pursued by both of them and secured from the Cumberland County Common Pleas Court by which there shall be transferred from Wife's TIAA-CREF Retirement Annuity Account to a retirement account of Husband the sum of $8,422.00. Husband hereby agrees that the remainder of the TIAA- CREF Retirement Annuity Account of Wife, including all of Wife's contributions thereto, all employer contributions, any growth in value and any interest or dividends thereon, shall be and remain the sole and separate property of Wife. To the extent any documentation may be required by TIAA-CREF to evidence the waiver of and declaration of non-interest in the remainder of Wife's TIAA-CREF account, Husband agrees that, upon request, he shall execute and provide such necessary documentation. 13. REAL PROPERTY. Prior to their separation, the parties were the owners of real estate located at 1420 Silver Creek Drive, Mechanicsburg, Pennsylvania, upon which there existed a mortgage encumbrance. The parties acknowledge that they cooperated with each other in providing for the sale of said home and that, following the payment of all expenses of sale and settlement, and following the full payment of the mortgage encumbrance thereon, the parties equally divided the net proceeds between themselves, a division which was and is mutually satisfactory to both parties. 14. SPOUSAL SUPPORT, ALIMONY, ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES. Commencing on October 10, 2003, Husband and Wife entered into an agreement as a result of which, inter alia, Wife agreed to pay to Husband the sum 7 of $600.00 per month as spousal support or alimony pendente lite. The parties agree that following the entry of a Divorce Decree, that self same sum of $600.00 per month shall continue in full force and effect as alimony, through June 30, 2007; shall thereupon reduce to the payment of alimony at the rate of $300.00 per month through June 30, 2008, and thereafter shall continue as alimony at the rate of $150.00 per month through June 30, 2009. All payment of alimony shall terminate as of June 30, 2009, or shall terminate upon the death of Husband, if such should occur sooner. Each party agrees that he or she will pay to his or her own attorney all fees which either of them may have incurred from the time of the separation of the parties which occurred on or prior to April 25, 2003. 15. INSURANCE POLICIES. The parties agree that any policies of life insurance upon the life of Husband, and owned by Husband, shall be and remain his separate asset, and, identically, any policies of insurance issued upon the life of Wife and owned by Wife, shall be and remain her separate asset. 16. CUSTODY OF MINOR CHILDREN. Heretofore, on September 5, 2003, the Court of Common Pleas of Cumberland County at #03-1937 Civil Term, issued a "CUSTODY ORDER" pursuant to a stipulation of the parties to this marriage settlement agreement. Husband and Wife declare their satisfaction with the continuation of that prior stipulation of the parties and the Custody Order issued based thereon and do hereby agree to continue to abide by that Custody Order and, to that end, the terms of the stipulation of the parties and the Custody Order, are attached hereto as Exhibit A, and are incorporated herein by reference. 17. SUPPORT FOR CHILDREN. The parties entered into a SUPPORT AGREEMENT dated October 7,2003 which provided that Wife was to pay to Husband a 8 bi-weekly sum of money totaling $851.51 per month for the support of their two children, that Wife was to continue to maintain medical insurance for the benefit of the children through her employer and that Wife was to be responsible for the payment of 71 % of any un-reimbursed medical, dental, vision and orthodontic expenses of the children, including the deductible, as well as 71 % of the daycare expenses of the children. The parties hereby reaffirm the terms of that agreement, a copy of which is attached hereto, identified as Exhibit B, and incorporated herein by reference. 18. INCOME TAX EXEMPTIONS. The parties agree that the provisions set forth in the SUPPORT AGREEMENT Exhibit B attached hereto, paragraph two thereof, shall continue in full force and effect. 19. IMPLEMENTATION 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. 20. 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. 9 21. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 22. 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. 23. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 24. 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. 25. APPLICABLE LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 26. VOID CLAUSE. If any term, condition, clause, or provision ofthis 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. 27. ENTRY AS PART OF THE DECREE. Wife has initiated an action in divorce under Section 3301 (c) or 3301 (d) of the Pennsylvania Domestic Relations Code, filed in Cumberland County at No. 03-1937 Civil Term. It is the intention of the parties that the 10 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. Husband has filed in the above divorce action a "Petition for alimony, alimony pendente lite, counsel fees and costs, equitable distribution, and custody". Husband agrees that he shall, through his attorney, withdraw the aforesaid Petition and, thereupon, both parties agree that each will execute an Affidavit of Consent under Section 3301 (c) of the Pennsylvania Domestic Relations Code so that a divorce by consent of both may be entered by the Cumberland County Court. This Agreement, however, shall be made part of any such judgment or decree of final divorce, but shall not be merged therein. Wife agrees to provide to Husband, at her expense, a certified copy of the final Decree in Divorce. 28. VOLUNTARY EXECUTION. Wife has been represented by Carl G. Wass, Esquire, in connection with the pending divorce action and in the preparation of this Marriage Settlement Agreement. Husband has been represented by Lori K. Serratelli, Esquire, in connection with the pending divorce action and in the preparation of this Marriage Settlement Agreement. Both parties acknowledge that each has been provided with a draft copy of this Marriage Settlement Agreement in advance of his or her execution thereof and has received the benefit of the advice of their respective attorneys in reviewing and in comprehending fully the terms set forth within this Marriage Settlement Agreement. Both parties do acknowledge that each of them has read the entirety of this Marriage Settlement Agreement, do understand the provisions made therein for the distribution of the marital assets of the parties, do understand the rights which each or either is relinquishing by virtue of signing this Agreement and do understand that by signing this 11 Agreement, neither of the parties has any rights against the other, except to enforce any term or provision in this Marriage Settlement Agreement which may not have been performed by the other party. Both parties do acknowledge and declare that each does understand the full effect of this Agreement, especially with regard to the fairness and equitable nature of the distribution of the marital property between them and the waiver of spousal support and/or alimony payments as provided in this 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: r 0~~;:>-&Q t ;~ "Q>'~'U 03-316192438 {)-J 12- ~) . David R. Richmond t '\ M -\\u ~ ~~) \Z. -V\'-""') ,,-A Cynthia L. Richmond 12 AFFIDAVIT COMMONWEAL TH OF PENNSYLVANIA: COUNTY OF :iJ~up-hw0 :SS: On this, the d~r./-.-- day of ()~tfJi...L/ ,2005, before me, a Notary Public, the undersigned officer, personally appeared DAVID R. RICHMOND, 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. NOTARIAl. SEAl. l:lfIAA A EVANGEusn NoIary fIub/Ic SUSQuflIANNA IWP.IlAUPIlIN COlINlY Mv CommItIlon E"Il/res May 7, 2008 ~ ~ >.vcvnr{,aL Notary Public AFFIDAVIT COMMONWEAL TH OF PENNSYLVANIA: COUNTYOF f)~~ :SS: J{) 11L On this, the _ I /7 .i day of ( yc.Jryful-..- ,2005, before me, a Notary Public, the undersigned officer, personally appeared CYNTHIA L. RICHMOND, 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. n ~~"mJ~ Not. ublic / NOTARIAl SEAL LYNN M, SCHMICK, NoIaIy PubIIo Susquehanna Twp., Dauphin County My Commission Expires March 7, 2006 CYNTHIA L. RICHMOND, Plaintiff /Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL V ANlA vs. No. 03-1937 CIVIL TERM DAVID R. RlCHMOND, De fendantJPeti t i oner. CIVIL ACTION - LA W IN DIVORCE ~TOf-Y ORDER AND NOW, thisjlb day oU .v pl- ,2003, the Court, having reviewed the Court, having reviewed the attached STIPULATION OF THE PARTIES, docs hereby ORDER and DECREE that the STIPULATION OF THE PARTIES is hereby adopted by this Court; custody of the two minor children, Derek B. Richmond and Erika M. Richmond shall be shared by the Parties in accordance with the attached STIPULATION; and, the Parties are hereby directed to comply with the terms ofthis Order and the attached STIPULATION. ~ 59657 . PREAMBLE IN HIS PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS, EQUITABLE DISTRIBUTION, AND CUSTODY, the DefendantlPetitionerlFather presented the issue of custody in Count IV, and the parties, having reached a mutual agreement with regard to the resolution of the mat1er of the custody of their two minor children do hereby present the following Stipulation to your Honorable Court. STIPULATION OF THE PARTIES AND NOW, comes David R. Richmond (hereinafter "Father"), with his counsel, Lori K. Serratelli, Esquire, and Cynthia L Richmond (hereinafter "Mother"), with her counsel, Carl G. Wass, Esquire, and stipulation and agree as follows: I. Mother and Father are the parents of Derek B. Richmond (DOB: 5/4/95) and Erika M. Richmond (DOB: 11/16/98). 2. The parties have reached an amicable agreement regarding the custody of their two minor children, as follows: a. The parties will share legal custody of the minor children, Derek B. Richmond and Erika M. Riclunond. All major decisions concerning the children, including, but not necessarily limited to, the children's health, welfare, education, religious training and upbringing, shall be made by them jointly after discussion and consultation with each other, with a view toward attaining and following a hannonious policy in the children's best interests. Neither party shall impair the other party's rights to shared legal custody of the children. Neither party shall attempt to alienate the affections of the children from the other party. Each party shall notify the other of any activity or circumstance concerning their children that could reasonably be expected to be of concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the children at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. That parent shall inform the other ofthe emergency and consult with him or her as soon as possible. Each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports prepared by any such person. Each parent will notify the other of any scheduled medica] appointments for the children sufficiently in advance to pennit the other party to attend. b. Except as otherwise provided hereafter in d. iii., both parties agree that their sharing of physical custody of the two minor children, and their exchanges of physical custody shall occur at the residence of the parties, and that such residences of each of the parties shall be at no greater a distance than 10 miles from the current residence of the parties at ]420 Silver Creek Drive, Mechancisburg, Pennsylvania. 2 c. The parties will share physical custody ofthe minor children, Derek B. Richmond and Erika M. Richmond on a week-around basis, specifically: the two children shall reside with Mother for a one-week period which shall tenninate on Sunday evening between the hours of 6:00 p.m and 8:00 p.m., at which time Father shan retrieve the two children from the home of Mother and the children shall reside with Father for a one-week period, tenninating upon the fonowing Sunday between the hours of 6:00 p.m. and 8:00 p.m., at which time Mother shall retrieve the two children from the home of Father. d. The week-arOlmd schedule of shared physical custody of both parents shall exist throughout the year, subject to the following exceptions: 1. During the week when the other parent has physical custody of the two children, the non-custodial parent shall be cntitled to have the children with him or her, for one afternoon/evening on a Tuesday, Wednesday or Thursday, provided that 72 hours advance notice shall have been givcn to the custodial parent. The receiving parent shall pick-up the children from school or daycare at the end of the school or daycare day and shall return the children to the custodial parent by 8:00 p.m. of the same day. 11. Each year, Father shall have physical custody of both children on the 4" of July and Mother shall have physical custody of both children on Labor Day. The parents will alternate having physical cllstody of the two children on the two holidays of Easler Day and Memorial Day, each year. 3 A holiday, shall be deemed to commence on the evening prior to the holiday at 7:00 p.m. and shall terminate on the day of the holiday at 7:00 p.m. JJl. The parents shall share custody of the two minor children in the Reading, Pennsylvania area on Thanksgiving Day, with Mother to have both children from 10:00 a.m. until 3:00 p.m., and Father to have the children from 3:00 p.m until 8:00 p.m. IV. The parties shall share the Christmas holiday each year. In 2003, Mother shall have custody ofboth children from 12:00 noon on Christmas Eve day through 2:00 p.m on Christmas Day, and Father shall have custody from 2 :00 p.m. on Christmas Day through 8:00 p.m. on December 26. In 2004, the foregoing schedule shall reverse itself, with Father having both children for the fist segment of the Christmas holiday and Mother having the second segment, and, thereafter, the Christmas holiday shall continue to be alternated by the parties upon the same odd- year, even-year basis. v. Each year, the children shall be with Mother on Mother's Day, and shall be with Father on Father's Day. VI. The parties shall share custody oftheir two minor children upon the birthdays of those children in an alternating fashion, to wit: Father shall have custody of Erika on her birthday in 2003, Mother in 2004, and 4 Mother shall have custody of Derek on his birthday in 2004, and Father in 2005. Future birthdays of/he children shall be alternated in the same fashion. VII. The holiday schedule previously set forth as exceptions to the week-around schedule shall take precedence over the week-around schedule. Vlll. During the customary summer school vacation, each parent shall have the right to two non-consecutive weeks ofunintemJpted custody with his or her children provided that, at least 30 days prior to the commencement of any such uninterrupted week, notice thereof has been given to the other parent (who will, during that week, be unable to engage in the afternoon/evening period of physical custody provided in the week- around schedule). Neither parent shall select their two uninterrupted summer school vacation weeks during any single, calendar month of the summer school vacation. IX. TIle parties have carefillly crafled the schedule of physical custody which each of them shall have with their two minor children, and have done so for the purpose of keeping to a minimum any conflict between them; however, nothing sel forth in Ihe provided custodial schedule shall be constmed to prevent the parties from discussing and agreeing upon alterations, from time to time, either in the week-around schedule, or in the 5 holiday schedule. e. At any time when the parent having physical custody shall be in need of a babysitter or daycare provider, he or she shall first inquire of the non- custodial parent ifhe or she is able to provide that temporary babysitting or daycare service. f. Both parties shall make every effort necessary to refrain from making any sort of negative or otherwise disparaging remarks regarding the other parent or his or her family members or significant others while in the presenee of the minor children and, to the extent possible, shall prevent third parties from making such comments in the presence of the children. g. The out-of-custody parent shall be entitled to one telephone eall per day with the children, and the custodial parent shall make the children available for that purpose. This provision shall not apply during an unintemlPted week of vacation. 3. The parties stipulate and agree to the entry of an Order of Court incorporating the provisions set forth herein by setting their hands and seals this -z.. ~ay OfT' 2003. David R. Richmond ~~~LiICLl~ Cynthia L. Richmond , ~\~Sc~-\ "'-'L'-\J''''''-''''-~_ 033 t 6/57396v3 6 SUPPORT AGREEMENT THIS AGREEMENT, mac!e this 1~ day of C) c \..0 \.. Vt... , 2003, between CYNTHIA L. RICHMOND, hereinafter called "Wife" and DAVID R RJCHMOND, hereinafter called "Husband". WJTNESSETH: The parties hereto were married on April 12, 1990 in Jamaica; Wife filed a divorce action in Cumberland County Court, Docket No. 03-1937 Civil, on April 25, 2003; There were two children born of the parties; namely: Derek B. Richmond, born May 4, ] 995 and Erika M. Richmond, born November 16, 1998; NOW THEREFORE, in consideration onhe mutual promises, covenants and undertakings herein contained, the parties each intending to be legally bound, agree as follows: 1. CIIIU) SUPPORT AND SPOUSAL SUPPORT/AUMONY PENDENTE LlT~ Wife shall pay directly to Husband twenty-six (26) equal payments of $669.92 per year effective October], 2003, which shall be directly deposited to an account to be agreed upon by the parties. Said sum shall be allocated as $851.50 representing child support and $600.00 representing spousal support/alimony pendente lite. The amount shall be payable on the 10th day of each month, with the first payment being due and payable on October 10, 2003. This amount Page -1- may be modified upon a change of circumstances of either of the parties. In the event Wife becomes delinquent in the payment of the support for a period in excess of fifteen (15) days, the parties agree that this Order shall be entered as a Support Order through the appropriate Domestic Relations Office and that Wife's wages shall be wage attached in order to comply with the support obligation as outlined herein. Wife agrees to continue to maintain medical insurance for the benefit of the children as provided through her employer. The parties agree that Wife shall be responsible for Seventy-One (71 %) percent and Husband shall be responsible for Twenty- Nine (29%) percent of any unreimbursed medical, dental, vision and orthodontic expenses ofthe children, including the deductible, as well as the day care expenses of the children. In the event that Wife receives any bonus in addition to her base pay, prior to the entry of a divorce decree in this matter, Wife agrees to pay Husband the sum of twenty (20%) percent of the net bonus (after tax deductions), within 10 days ofreceip!. It is the intent of the parties that all payments, which are designated as alimony under this Agreement, shall be includable as income by Husband under Section 71 ofthe Internal Revenue Code and deductible by Wife under Section 215 of the Internal Revenue Code. Wife's social security numher is: ]9]-60-6568 and Husband's social security number is: 197-58-7084. The partieo agree to treat the payments set forth above consistently on their federal income tax returns. 2. INCOME TAX RETURN.S The parties agree that they shall file joint Federal and State income tax returns for the 2003 tax year. A decision as to the filing of future joint tax returns will be made on a yearly basis. At the time separate income tax returns are filed, the parties agree that they shall each be Page -2- entitled to claim one child as a dependent for federal income tax purposes with Husband claiming Derek and Wife claim Erika. After Derek turns 18, or is no longer eligible to be claimed as a dependent, Husband and Wife shall alternate Erika as a dependency exemption for as long as she is eligible to be claimed as a dependent. The parties shall execute 111e necessary IRS document authorizing their dependent deduction. 3. OTHER WRITINGS Each of the parties hereto agrees to execute any and all docwnents necessary to carry out thc intent of this Agreement. 4. ENTIRE AGREEMENT This As'fcement constitutes the entire understanding between the parties, and there are no covenants, conditions, representations or agreements, oral or written, of any nature whatsoever, other than those herein contained. 5. LEGALLY BINDING lt is the intent of the parties hereto to be legally bound hereby and this Agreement shall bind the parties hereto and their respective heirs, executors, administrators and assigns. 6. COSTS TO ENFORCE In the event that either party defaults in the performance of any duties or obligations required by the terms of this Agreement and both extra-judicial and judicial proceedings are commenced to enforce such duty or obligations, the party found to be in default shall he liable for all expenses, including reasonable attorneys fees, incurred as a result of such proceedings. Page -3- 7. AGREEMENT VOLUNT ARIL Y AND CHARL Y UNDERSTOOQ Each party to this Agreement acknowledges and declares that he or she respectively: (I) Is fully and completely informed as to the 1;lets relating to the subject matter and their Agreement as the rights and liabilities of both parties; (2) Enters into this Agreement voluntarily after receiving the advice of independent counsel; 3) Has given careftll and mature thought to the making of this Agreement; (4) Has carefully read each provision of this Agreement; (5) Fully and completely understands each provision of this Agreement, both as to the subject matter and legal affect. 8. AMENDMENT OR MODIFICATION This Agreement may be amended or modified only by a written instrument signed by both parties. 9. LA W APPLICA~LE This Agreement shall be govemcd, construed and enforced under the statute and case law of the Commonwealth of Pennsylvania. Page -4. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first written above. WITNESS tv\.A [i \\ ,,.-, ~\;j\ov,c<:co:J k~ CYNTHIA L. RICHMOND #~-~.. '~_ I.... - ~-"'_. ~--_..- (l \ fl /CZ) d_~___.__,_~_.____ DAVID R. RICHMOND Page -5- AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF On this, the day of ,2005, before me, a Notary Public, the undersigned officer, personally appeared DAVID R. RICHMOND, 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. Notary Public 13 , . AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA: :SS: COUNTY OF On this, the day of ,2005, before me, a Notary Public, the undersigned officer, personally appeared CYNTHIA L. RICHMOND, 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 Notary Public 14 ('> ~ ,';~ ~j~ -.... si :.2. o .." - :~ f"~ ::':~\?I ()(~ '1~ , 0' ~.." ,-; )~}F~ ":--> ....'t_J -'" - '''0 :.....:=:. o CYNTHIA L. RICHMOND, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-1937 Civil Term DAVID R. RICHMOND, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT TO THE DIVORCE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 Ie) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 25, 2003. 2. Defendant acknowledges that a copy of the Complaint was served on him by Acceptance of Service on May 1, 2003. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed, both from the date of the filing of the Complaint, and from the service of the Complaint. 4. I consent to the entry of a final Decree of Divorce without notice. 5. 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. 6. 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. . " ,.. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. "'-''''-, \ -::..,.- ,- Dated:'- .. jC~"::> ,< a.::.."> :J~ /Ct1Z David R. Richmond ~ 03.316/93633 ~, u <:: "".~ ..." = '5', ;;a:: (it -'-l "'~-n rnr-'- ('1f"j, :1)9 ;') ") -.-t~, ~c. ~'TJ ;.-~)(-...., ~'6 ~1 --<.. ..., c;:::, r:;.::J <~ 25 -:: -0 ~ --, :r: ..,.-, rnF:. ..,~, (1 , ~,r.{~~ '--1, L-n ':_:-~~~~ '~~. ~ :< I N ~:-:\ ['., 0-' CYNTHIA L. RICHMOND, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 03-1937 Civil Term DAVID R. RICHMOND, Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF COSENT TO THE DIVORCE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on April 25, 2003. 2. Plaintiff acknowledges that a copy of the Complaint was served on the Defendant -by Acceptance of Service on May 1, 2003. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed, both from the date of the filing of the Complaint, and from the service of the Complaint. 4. I consent to the entry of a final Decree of Divorce without notice. 5. 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. 6. 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. .. . , ,'. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: C)~"" \.."-. ~ \ ,~e C' s:- o \. ~~\.. u~'--~ A; Cyn\hia Richmond 03-316/93637 03-316/93633 Q ~ -v; f}:'; , ~ c::? cf' () - ...; '~-n ~~ n \--r. -Ot? "J ., bq ;.'~~::;'-) (~-='(") .~r~ ^ "Jc' :..< o -n -l ':C --n f11f:1 -G ~"~) 1'..,- :"j (!-) ::~:,~ ~j_\ ':-?c> ~~~!-\l - ~.. C). ..,,:... I N -.:; ::r: -'::~1 "v :Z '0-" - .'-"'-~ o CYNTHIA L. RICHMOND, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-1937 Civil Term DAVID R. RICHMOND, Defendant. CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: I. Grounds for divorce: irretrievable breakdown under Section 330 1 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service by Defendant on May 1,2003. 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, October 31, 2005, by Defendant, October 31, 2005. 4. Related claims pending: None; however, it is requested that the Marriage Settlement Agreement between the parties, dated October 10, 2005, be incorporated in the Decree in Divorce, but not merged therein. 5. (b) Date Plaintiffs Waiver of Notice was tiled with the Prothonotary, included with Affidavit of Consent: November 2, 2005 Date Defendant's Waiver of Notice was filed with the Prothonotary,included with Affidavit of Consent: November 2, 2005. r- -Qc.>---Q~~~ Carl G. Wass, Es e Attorney for Plaintiff 362] North Front Street Harrisburg, PAl 7 1 10 Attorney 1.D. No. 07268 Date: November 2, 2005 03-316/94444 ." (". ....., C':"-l CO> U'O o '"Tl ~- lT1r!] -om i-".9 .-)(~ :,j-i'. ::.?~i5 ()rn ;~ <'~.". ,1) -< - C:) -.::.:; I l'0 -0 ::J!: C:.J "f'+' Of. Of. Of. Of. Of. . . . . + . . . . . . . . . . . . . . + + + + + + . + . . + + + + + + + . + . . . + + + + ,+~+:+~+++++++':+Of.+++++++++++++++~++~++++++++++++++++'++++++++++++- Of. Of. + Of. Of.'f.0f. '+: ,+,0+:+ ~ +. + ~ + + + +.+ +. + +. Of. + +. Of. Of. + +. + + +. ++ +. + + 'f + ++. ~ + + +. + + ++++.++++++.++++++++++~ + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Cynthia Richmond L. No. Civil Term 03-1937 VERSUS David R. Richmond DECREE IN . . + . . . . + . . + + . . . . + . . . . . . + DIVORCE rv 1:>1, '! - \0.. ~ 10 ) 1'><><;' IT IS ORDERED AND AND NOW, DECREED THAT Cvnthia L. Ric:hmnnrl , PLAINTIFF, David R. Richmond , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ~ ++. + +. +. +. + '+ + :+: +. :+ :+: ..~ 'l' :+' BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; enforcement of the provisions of the Marriage Settlement Agreement between the parties, dated October 10, 2005, filed of record in the within caHP, t.hp t-p.rm~ of whirh ~rj:::l nj:::lrt=>hy m;:U~A ~rt- f""\~ t-his TV:::.(,,~E'e in Di'unTC"€, but shall not be rrerged therein. By THE COURT: ATTE + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + J + + + + + + + + + + + + + + + + ~/U'S' fr" l' ~ .~t< 50. hi-II ?-V??('1 fp 7 ~w MJ ;::rJ5'J.,i1 '/1 -... ~ ~... -.i, .. .Py .lilN 2 !l {\)(]5 f}ltj 731641B22 CASE NO. 03-1937 CIVIL TERM COMMON PLEAS COURT OF CUMBER- LANO COUNTY, PA ONE COURTHOUSE SQUARE CARLISLE, PA 17013 OAVIO R RICHMOND vs. QUALlFIEO DOMESTIC RELATIONS OROER CYNTHIA L RICHMOND WHEREAS, this Court has jurisdiction over Petitioner and Respondent and the subject matter of this Order; and WHEREAS, Petitioner, Respondent and the Court intend that this Order shall be a Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended ("ERISA") and section 414(p) of the Internal Revenue Code of 1986, as amended; and, WHEREAS, pursuant to the referenced statutes, the Plan Administrator shall make a determination of the qualified status of this Order; and WHEREAS. following approval by the Plan Administrator, this Order shall constitute a Qualified Oomestic Relations Order; and WHEREAS, Petitioner and Respondent have stipulated that the Court enter this Order; NOW, THEREFORE. pursuant to this state's Domestic Relations Laws, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: (a) "Participant" shall mean CYNTHIA L RICHMONO, whose current address is 4082 CAISSONS COURT, ENOLA, PA 17025, and who was born on 111311965, and whose Social Security Number is 191-60-6568. (b) "Alternate Payee" shall mean OAVID R RICHMOND, whose current address is 232 FOX DRiVE, ME- CHANICSBURG. PA 17050, and who was born on 10/17/1963, and whose Social Security Number is 197-58-7084. (c) "Plan" shall mean Sprint Retirement Savings Plan. 2. This Order relates to marital property rights. 3. The Alternate Payee is the Participant's former spouse. 4. The Participant and Alternate Payee were married on 04/12/1990. 5. The Participant and Alternate Payee were legally separated or legally divorced on 11/10/2005. 6. The "Valuation Date" shall be 11/10/2005. 7. The Alternate Payee's interest in the Plan shall be $35,900.00 of the Participant's tolal vested account balance under the Plan as of the Valuation Oate. 8. The Alternate Payee's award is entitled to earnings (dividends, interest, gains and losses) from the Valua- tion Oate to the date that the award is segregated from the Participant's account. From and after the date of segregation, the Alternate Payee's award shall be held in an account under the Plan and shall be enti- tled to all earnings attributable to the investments therein. ':/'" ,-",,; '::-''') ':'," \:1\ (..::: ~j ,,'--' .--------- 9. In the event there is an outstanding loan balance as of the Valuation Oate, the loan balance will not be in- cluded for purposes of calculating the account balance to be divided. The Alternate Payee's award will be paid from the non-loan assets in the Participant's account on the date that the award is segregated from the Participant's account. 10. The Alternate Payee's award will be paid proportionately from all investment options as of the date of ac- count segregation. 11. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum distribu- tion, as soon as administratively feasible following the date that the Order is determined to be a QORO. The Alternate Payee shall initiate the distribution in accordance with the terms of the Plan and the adminis- trative procedures that have been established by the Plan Administrator. The amount distributed to the Al- ternate Payee will be based on the value of the Alternate Payee's account on the date the distribution is processed. 12. All beneficiary designations will be made after qualification of the Order and segregation of a separate ac- count for the Alternate Payee pursuant to the administrative procedures established for the Plan. 13. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Ad- ministrator's agent, Fidelity Employer Services Company LLC, forthwith. This Order shall remain in effect until further order of this Court. 14. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator to provide to the Alternate Payee any type or form of benefit or option not otherwise available under the Plan, to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant, or to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order, which has been determined to be a QORO before this Order is determined to be a QORO. 15. Neither Party shall accept any benefits from the Plan which are the property of the other Party. In the event that the Plan Administrator inadvertently pays to the Participant any benefits that are assigned to the Alter- nate Payee pursuant to the terms of this Order, the Participant shall forthwith return such benefits to the Plan. In the event that the Plan Administrator inadvertently pays to the Alternate Payee any benefits that are not assigned to the Alternate Payee pursuant to the terms of this Order, the Alternate Payee shall forthwith return such benefits to the Plan. 16. The Plan and its sponsor and fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or the Alternate Payee in connection with obtaining, modifying and enforcing this Domestic Re- lations Order. 17. For purposes of Sections 402 and 72 of the Internal Revenue Code, any Alternate Payee who is the spouse or former spouse of the Participant will be treated as the distributee of any distributions or pay- ments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal andlor state income taxes on such distribution. If the Alternate Payee is a child or other dependent of the Participant, the Participant will be responsible for any federal andlor state income taxes on any such distribution. 18. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent of the parties as stipulated herein. 19. The one time determination fee for review of the Oomestic Relations Order will be allocated 50% from the Participant's account and 50% from the Alternate Payee's account. The fee will be taken from the invest- ment options in the applicable account(s) according to the plan ievel fee method as of the date the fee is deducted. Atto\.neyJl>r Alterna:e ~a~ee:, ~~>:"J... '-"-",.\'.1, 1..01~U,' 'SE TELU, SCHIFFMAN, BROWN & CALHOON 2080 UNGLESTOWN ROAD, SUITE 201 HARRISBURG, PA 17110-9670 717-540-9170 ~ Oated: 3631 NORTH FRONT STREET HARRISBURG, PA 17110-1533 717-232-7661 ~' /IZ Judge of the courtf!;' -1J=-@4t, rZJ7. i01 200 b TRACK NO 737641822 f.y . ~ CYNTHIA L RICHMOND, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-1937 Civil Term DAVID R. RICHMOND, Defendant : CNIL ACTION - LAW : IN DIVORCE OUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~ day of Court as follows: 1. The parties hereto, formerly husband and wife, seek this Order in conjunction ~...l.:, , ZOO/" it appears to the with a final decree of dissolution of marriage dated November 10, 2005 in that action pending in this Court at the above number. 2. CYNTHIA L RICHMOND, Participant, who is employed by Milton Hershey School, Social Security No. 191-60-6568, is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the foJlowing annuities: TIAA Retirement Annuity (RA) Contract No. 3217696-8 CREF RA Certification No. 4217696-6 TIAA Supplemental Retirement (SRA) Contract No. K699808-8 CREF SRA Certificate No. J699808-0 CYNTHIA L RICHMOND's current and last known mailing address is 4082 CAISSONS COURT, ENOLA, P A 17025 and daytime phone number is (717) 520-2021. 3. The Alternate Payee is DAVID R. RICHMOND, whose current and last known mailing address is 232 FOX DRIVE, MECHANICSBURG, P A 17050. >-. ;-.... Q" on) :"\, i;'- ci:' c:::, .c, ~'-l '-'- u.. '.r;. C-.:J 0 'C;;;, '''' . The Alternate Payee's Social Security Number is 197-58-7084, date of birth is October 17,1963, and daytime telephone number is (717) 329-2847. 4. To accommodate the maritaVcommunity property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity, that being November 10,2005, and any accumulations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: 1. The sum of Eight-Thousand Four Hundred and Twenty- Two ($8,422.00) Dollars, as of November 10, 2005, is to be transferred to Alternate Payee from the CREF Money Market Annuity Account No. 4217696-6; and TIAA- CREF is to calculate and add to the transfer amount any gains and to subtract from the transfer amount any losses experienced by the annuity from November 10, 2005 through the date oftransfer. 11. Transfer Values The values actually transferred will reflect interim investment experience until the transfer is recorded by TlAA-CREF. The TlAA Traditional accumulation will increase over time, whereas the TlAA Real Estate and CREF accumulations may increase or decease, reflecting the performance ofthe underlying investments. C. Conditions of division of annuity contracts: 1. All ownership and interest in the balance ofthe accumulations not transferred in all annuities issued to the Participant by TlAA-CREF will belong to the Participant. II. All ownership rights in the newly issued annuities will belong to the Alternate Payee. 111. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TlAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TlAA-CREF of any change of address. IV. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment . allocation once his or her annuities are issued in accordance with the contributing employer's plan. D. Termination/Reaffirmation of Alternate Payee's status as beneficiary ofrecord for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant 1. Termination - as of the date ofTIAA-CREF's receipt ofthe QDRO, all TlAA-CREF benefits otherwise payable to the Alternative Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation: YES ---..1L- NO E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carries. For other TlAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TlAA-CREF all documents and releases (if required by TlAA-CREF) to finalize this Order within 30 days of the request for same. 5. This Order: A. does not require any plan to provide any type of form or benefit, or any options not otherwise provided under the plan, and B. does not require TlAA-CREF to provide increased benefits, and C. does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of the order will remain fully enforceable. 6. This Court reserves jurisdiction to issue further orders as needed to execute this Order. BY THE COURT: JJ~ J. )- IO-o~ c~~ J45' CYNTHIA 1. RICHMOND, Plaintiff : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 03-1937 Civil Term DAVID R. RICHMOND, Defendant : CNIL ACTION - LAW : IN DIVORCE STIPULATION AND NOW, this ~ day of (] dVL-U c'(j , 20~ the parties in the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that it may be adopted as a Court Order. ...Q. ~,,~~~ ~~ Witness ! <;~ i ~~ ). -' ~ ~ , Wi ness David R. Richmond