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HomeMy WebLinkAbout04-0277Cristine A Ritter, Plaintiff Robert L Ritter, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, 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 BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 170'13 (717) 249-3166 Jame~quire Cristine A Rifler, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. f"Y4--O"I7 Robert L Ritter, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Cristine A Ritter, who currently resides at 20 Pine Tree Drive, Mechanicsburg, PA 17055. 2. Defendant is Robert L Ritter who presently resides at 20 Pine Tree Drive, Mechanicsburg, PA 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 16, 1991, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 33011c) OF THE DIVORCE CODE 10. 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. The marriage of the parties is irretrievably broken. Cristine A Ritter, In the Court of Common Pleas Plaintiff Cumberland County, Pennsylvania Robert L Ritter, Defendant NO.: Civil Action - Law · ' In Divorce MARITAl, SETTLEMENT AGRF, EMENT January 13, 2004 Rifler MSA TABLE OF CONTENTS · SECTION PAGE L SEPARATION AND NON INTERFERENCE: ................................................................................ 3 2. RECONCILIATION: ...................................................................................................................... 4 3. ENFORCEMENT: .......................................................................................................................... 4 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: ................................................................................................................................................ 5 5. EQUITABLE DISTRIBUTION: ........................................................................................................ 6 A. PREFACE: .................................................................................................................................... 6 B. DISTRIBUTION OF ASSETS: .................................................................................................... 6 I, WIFE'S ASSETS: ......................................................................................................................... 6 2. HUSBAND'S ASSETS: ............................................................................................................... 6 3. ASSET DIVISION: ...................................................................................................................... 7 A. REAL ESTATE: 20 Pine Tree Drive, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania: ...................................................................................................................... 7 B. DISTRIBUTION AND WAIVER OF PERSONAL ............................................................. 7 1) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: .................................................................................. 7 C. Wife's HIGHMARK INVESTMENT PLAN (the "Plan"): .................................................. 8 D. INTENT: ............................................................................................................................... 6. AFTER ACQUIRED PROPERTY: ................................................................................................ 9 7. DEBTS: ................................................................................................................................................ 9 A. Wife's Debts: ................................................................................................................................. 9 B. Husband's Debts: ......................................................................................................................... l 0 C. Indemnification: .......................................................................................................................... l0 8. FULL DISCLOSURE: ................................................................................................................... I I 9. RELEASES: ................................................................................................................................... I I lo. BREACH: ...................................................................................................................................... 11. REPRESENTATION: ................................................................................................................... 12 12. VOLUNTARY EXECUTION: ...................................................................................................... 13 13. ENTIRE AGREEMENT: .............................................................................................................. 13 ~4. PRIOR AGREEMENT: ................................................................................................................ 13 15. MODIFICATION AND WAIVER: .............................................................................................. 13 16. GOVERNING LAW: ..................................................................................................................... 13 ~7. INDEPENDENT SEPARATE COVENANTS: ........................................................................... 14 18. VOID CLAUSES: .......................................................................................................................... 14 ~9. DISTRIBUTION DATE: .............................................................................................................. 14 20. DATE OF EXECUTION: .............................................................................................................. 14 EXHIBIT A - QDRO .................................................................................................................................. 16 page 2 Rttter P/SA MARITAL SETI~LEMENT AGREEMENT THIS AGREEMENT, made this __ day of ,2004, by and between Cristine A Ritter, hereinafter called "Wife", and Robert L Ritter, hereinafter called "Husband". ~rHERFAS, Husband and Wife were lawfully married on March 16, 199~ in Cumberland County, Pennsylvania; WHEREAS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON INTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and uno~'ied, except as may be ~ d Itl C R ~ page 3 Ritter MSA necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife shall file with the Cumberland County Court of Common Pleas, Pennsylvania, a no-fault divorce action pursuant to Title 23, section 33o~(c) of the Pennsylvania Divorce Code and amendments thereto contemporaneously with the execution of this agreement, and Wife shall accept service of the same. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for alt purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of filing the praecipe to transmit the record to conclude the divorce. The parties agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with entering same to the court docket for the purpose of finalizing the divorce action as soon as is practicable within the time frame permitted pursuant to the Rules of Civil Procedure. Each party shall further execute any and all documents which may require page 4 Ritter MSA his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: Husband and Wife hereby acknowledge that they have been advised or have the right to obtain advice in regard to the fact that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in their divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto, except as specifically provided herein. The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimonyTalimony pendent. ~;com't~fees and I lhavere~dandunderstandthJxpage-CAR ;~/~ ;RLR ~ - page5I Ritter expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 5. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non-marital estates. The parties have made use of either the information provided between themselves and/or statement values associated with such assets and/or have attributed fair market values and/or other agreed upon values to such assets and for purposes of negotiation and settlement, and hereby stipulate to such valuations. The parties desire to effectuate the division of all assets in undertaking these terms of settlement. B. DISTRIBUTION OF ASSETS: 1. WIFE'S ASSETS: Husband does hereby grant, convey, transfer, assign, and deliver and set- over unto Wife the assets so identified within this agreement; said assets shall be and remain tbe sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. page 6 R'itter MS,4 3. ASSET DIV/SION: The parties hereby agree that the following assets shall be divided in accordance with the terms as provided herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. REAL ESTATE: 2o Pine Tree Drive, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania: x. The parties are joint owners of the real property known as 2o Pine Tree Drive, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania (referred to herein as the "premise"). The parties hereby agree that the following terms shall apply with regard to the premise: a. In exchange for the payment of Fourteen Thousand Dollars (the manner in which such shall be disbursed discussed hereinbelow in subsection C), Husband shall contemporaneously with the execution hereof, execute a transfer deed to Wife for the premise herein identified. b. Pending refinancing of the premise in or about February 27, 2004, the parties shall continue to share all expenses associated with the premise including, but not limited to, Members 1~t first mortgage and home equity loan, real estate taxes, etc. c. Wife shall complete refinancing of the premise paying off Members 1st first mortgage and home equity loan on or before February 27, 2004, thereby releasing Husband from all financial obligations associated with the premise. B. DISTRIBUTION AND WAIVER OF PERSONAL x) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: 1. With the exception of Wife's Highmark Investment Plan (the "Plan") through American Express and to be discussed below in subparagraph D, Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, corporate interests, have read and u.derstand this Fage - CdR ~4'~Y~ page 7 Ritter MSA partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts, 4olk's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. e. Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse unless otherwise so divided by way of this agreement shall remain that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. C. Wife's HIGHMARK INVESTMENT PLAN (the "Plan"): Husband and Wife do hereby agree that Wife shall pay Husband to Husband as soon as practicable the total sum of Fourteen Thousand ($14,ooo.oo) Dollars. In order to accomplish the payment, Husband and Wife shall execute the attached Exhibit A - QDRO - whereby the sum of Twenty Two ($2~,ooo.oo) Dollars is distributed from Wife's plan, payable to Husband. After payment of the penalty associated therewith, the net is payable to Husband. From the net amount, Husband shall retain Fourteen Thousand ($14,ooo.oo) Dollars and the balance of the net after subtracting Husband's Fourteen Thousand ($14,ooo.oo) Dollars shall be paid by Husband to Wife. Wife's receipt of such payment shall coincide with Husband's receipt of the net amount from the Twenty Two Thousand ($ee,ooo.oo) Dollar disbursement. D. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner page 8 Ritter thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other party. ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or dosing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for ,"'." page 9 R.itter 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 or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' 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. C. Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well-founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warranties made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or page 10 R. itter MS.4 instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further right to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar with and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or future support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accnfing to eitherj2arty by virtue of said page 11 R~tter marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of America. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. so. 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. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her rights under this Agreement, or seeking such other remedy or relief as may be available to him or her. REPRESENTATION: a. It is recognized by the parties hereto that each party has the right to be represented by counsel by his or her own free and voluntary choosing. It is fully understood and agreed that he or she has the right to have advice of counsel prior to the signing of this Agreement. By the signing of this Agreement, Husband and Wife recognize that he and she fully understand the legal impact of this Agreement and waives his or her fight to have the Agreement reviewed by an attorney of his or her choosing, and further intends to be legally bound by the terms of this Agreement. b. Each of the parties acknowledges that he or she has read and understands the nature and importance of this Agreement, that each considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not.~i.re to. ave or become ]lhavereadamlunderstandthispage-C/IR ~ ;R£R [('~l(,--'''~ page 12 Ritter possessed of any property of the other part7 or any interest tberein which the other party now owns or hereafter may own, except as expressly provided for in this Agreement. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 23. ENTIRE AGREEMENT: This Agreement contains the entire understanding o£ the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or may or have been executed prior to the date and time of this Agreement, are null and void and of no effect. 25. MODIFICATION AND WAIVER: Any modification or waiver of any provision 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. 26. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. J Ihavereadandunderstandtldspage-C/IR ~ ;RLR page 13 R.itter MSA 17. INDEPENDENT SEPARATE COVENANTS-' 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. 18. VOID CLAUSES: If any term, condition, clause, or provision of this Agreement shall be determined or dedared 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. 29. DISTRIBUTION DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. :aa. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. WITNESS: ~ssti~ .' er Robert L Ritter [ lhavereadandunderstandtbtspage-CAR I page 14 Ritter MSA Commonwealth of Pennsylvania : : SS. COUNTY OF 6~-- ~'~'" a : On this, the tg'r~ day of ~'~*~-t , 20o4, before me, a Notary Public, personally appeared Cristine A Ritter, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. ~~S WHEREOF, I hereunto s et my hand and off i cia]seal. NOTARY PUBLIC M ..... J NO/AR AL SEAL y t;omm]ssmn ~xptre~: LOUIS J. LORE, Notary Public ! Camp Hill Boro, Cumberland County [ My Commission Expires April 14, 2007 Commonwealth of Pennsylvania : : SS. COUNTY OF ~.~ ._, ~.~X.,...~ : On this, the I~x~' day of ~]'~..~.~-.~-x , 2004, before me, a Notary Public, personally appeared Robert L Ritter, known to me to be the person whose name is subscribed to the within Settlement Agreement 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 My Commission Expires: NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hill Boro, Cumberland County .?y Commission Expires April 14, 2007 have read and umlerstand this page - CAR page 15 R4tter .4¢S'~ EXHIBIT A - QDRO QUALIFIED DOMESTIC RELATIONS ORDER Id~nflfication of Par~es: The name, social security number, address and bidh date of the participant is as follows: Cristino A, Ritter, 20 Pine Tree Drive Mechanlcsburg, PA 17055 05-30-60 174-56-1213 The name, social securlty number, address and birth date of tho Alternate Payee is as follows: Robert L, Rittor 20 Pine Trec Drive Mechanlcsburg, PA 17055 08-22-53 166-46-3580 Name of Plan to which thin Order Applies: ilighmark Investment Plan (tim "Plan") Plan Sponsor: Highmlu'k, Inc, ~lan Administrator: Mr. Rich Little ltlghmark, Inc. 1800 Center Slxeet P.O. Box 890089 Camp Hill, PA 17089 Award to Alternate Payee: 1. Altomat~ Payee will obta/n $ 22,000 of the value of the Participant's vested a~med benefit under the Plan dot*trained as of 12/09/03. The detormin~d amount will not be crodite, d or debited with any gains or losses attributable to such amount for the period from 12/09/03 to the date of assignment of the calculated award to a s~parate account in each Alternate Payee's name under the Plan. have read attd tlttderstaltd tJd$ page - C/IR page 16 Ritter The calculated award determined above shall be transferred to a separate account under tho Plan in tbe name of each Alternate Payee as soon as administratively feasible. Unless otherwise indicated, the Alternate Payee's separate account will be invested in the AXP Cash Management Fund./he income, accruals, gains, and losses experienced by such account malntalned for the Alternate Payee ,'n'e to accrue to such account. Each Alternate Payee shall have investment management rlght~ pursuant to the provisions of the Plan for his/her account under the Plan. The Alternate Payee may elec~ to receive di~rlbutlon from/~B/her separate account in accordance with the terms of the Plan without reference to the Participant's attainment of"earliest retirement age," as defined in Section 414(pX4XB) of the Internal Revenue Code of 1986. as amended. If the assigned amount is $5,000 or less, American Express Trust Company will forward a distribution form to each Alternat~ Payee as soon es administratively feasible after the date of a~signment of the calculated award to a separate account in each Alternate Payee's name under the Plan. If the assigned amount exceeds $5.000, it shall remain in the separate account in each Alternate Payee's name under tile plan until such time as the Alternate Payee eleet~ a distribution in accordance with the terms of the Plan. In addition, the Alternate Payee may name a beneficiary or beneficiaries to receive any amount payable from his account under the Plan as a result of his death. After a.*signment of the calculated award to each Alternate Payee's account under the Plan, the Participant shall be awarded all right, title and interest in and to the Parlicipant's accrued benefits, as reduced above, under the Plan free and clear of any interest of the Ahemate Payee. In the event of the Panlcipant's death, there will be no effect on the payment of thc benefit ~slgned to the Alternate Payee hereunder. With respect to the Participant's accrued benefit under the plan not assigned to the Alternate Payee under this order, the Alternate Payee will not be entitled to any survivor benefits. In the event of the Alternate Payee's death before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, if there is no d~ignated beneficiary, to the Alternate Payee's (a) spotlse or, if none, [(b) living children or, if*none, (c) living parents or, if none, (d) living brothers and sisters or, if none,] (e) estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected shall determine if any additional amounts shall be paid upon the Alternate Payee's death. Compliance with the Provisions of the Law: It is this Court's intention that the provisions of the Order operate as an effective assignment of said interest under both state and federal law, for all purposes, and constitute a "Qualified Domestic Relations Order," in compliance with Section 414(p) of the Internal Revenue Code of 1986, ts amended and Section 206(d)(3) of the Employee Retirement Income Security Act of 1974, as amended. This QDRO is granted in 2 I Ihave readandunderstandthi*page- CAR ~.~j~/~ ; RLR '/~_ [~ page 17 R~terM,~ accordance with the Pennsylvania state domestic relations law, which relate to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. In the event that it is subsequently determined by the Plan Administrator for the Plan, by a court of competent jurlsdiction, or otherwise, that the provisions of this Order fail to meet tbe requirements ora "Qualified Domestic Relations Order," both parties shall cooperate fully and shall execute any and all documents necessa~ to obtain an Amended Judgment and Decree containing an Order of this Court, meeting all r*qulrements ora "Qualified Domestic Relations OMar," and this Court expressly reserves jurisdiction over the Participant's ben,fits in the abov* named Plan as of the date of entry of the Judgment and Decree. in order to effectuate the assignment of beneflts ordered above. This Order supers*des all previously filed Orders in this matter relating to this subject. Savings Clause: This order is not intended, and shall herb e construed in such a manaeras, to require the Plan: to provide any t~po or form of benefit option not other,vise provided under the terms of the Plan; (h) to increased benefits, other than through thc accumulation of coolings, to require the payment of any benefits to the Almmate Payee which are required to be paid to ,'mother Alternate Payee under another order which was previously deemed to be a QDRO. Plan Administration/Recovery of Excess Amounts: I. Each Alternate Payee is ordcred to repor~ any rctircmcnt paymcnts recelvcd on any applicable income tax return. The lqan Trustee is authorized to issue a rotan 1099-R on any direct payments made to the Alternate Payee. 2. Each Alternate Payee shall keep Highmark, Inc. informed of their current address and telephone number. Notice ofchangn of address and telephone number shall be made in writing, witnessed by a Notary, and mailed to: American Express Trust Company Atto: QDRO Administrator 1344 AXP Financial Center Minneapolis, IVIN 55474 3. In th~ event that the Plan Trustee inadvertently pays to the Partleipant any ben,fits that am assigned to the Alternate Payee pursuant to the terms of this order, th~ Participant shall immediately reimburse the AIt~mam Payee to th~ extent that he or she has received su,h b~n~fit payment and shall forthwith pay such amount so reeoived directly to the Alterna£* Paye* within ten (10) days of receipt. I I have read attd understand this page - CAR ; RLR ~~ ~ page 18 Ri, tte r M~/~ The Participant and [be Alternate Payee shall hold t~e Plan, Highm~rk, Inc., and any fiduciary harmless from any liabilities, which arise lmm this domestic r~lations order, il~cJuding all reasonable a~omey's fees which may be incu~ed in connection with any c~ai~ which aro assc~ed ~caus~ the Plan ho~o~ ~is order. Particip~mt Date Alternate Payee Judge I lhavereadandttnderstandthispage- CAR ~ page 19 Cristine A Ritter, Plaintiff : iN THE COURT OF COMMON PLEAS · ' CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-277 Civil Term Robert L Ritter, : Defendant : CIVIL ACTION. LAW : IN DIVORCE MOTION TO ENTER UALIFIED DOMESTIC RELATIONS ORDER NOW COMES, Plaintiff, Cristine A Ritter, by and throu her , Esquire and Miller Lipsitt LLC ,~ ....... ,: . gh counsel, James A. Miller, ' an"' "~ol°*utmlly requests that your Honorable Court enter the Qualified Domestic Relations Order submitted along herewith and for reasons thereof states as follows: 1. Plaintiff, Cristine A Ritter, and Defendant, Robert L Ritter, were married on March 16, 1991, and a Complaint in Divorce was filed on January 21, 2004 to the above term and docket incorporating the parties January 13, 2004, Marital Settlement Agreement ("MSA"). 2. In accordance with the terms as defined in Paragn~ph five (5)(B)(3)(c) of the MSA, Defendant is to receive, by way ora Qualified Domestic Relations Order, the sum of $22,000.00 from Plaintiff's retirement plan - proposed QDRO attached to agreement as Exhibit A 3. The parties hereby request your Honorable Court to so enter said Qualified Domestic Xed herewith. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter the attached Qualified Domestic Relations Order. Respectfully submitted, MILLER LIPSITT LLC James A~ Miller, Esquire 2157 IvJ/arket Street Camly'Hill, PA 17011 ../~ 737-6400 Cristine A Ritter, Plaintiff Robert L Ritter, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-277 Civil Term : · ' CIVIL ACTION - LAW : IN DIVORCE Certificate of Service Date: United States First Class Mail Robert L Ritter 20 Pine Tree Drive Mechanicsburg, PA 17055 I, James A. Miller, hereby certify that I have forwarded to the person(s) on the date and in the manner indicated below a copy of the preceding document. James A/Miller, Esquire 2157 IV~ket Street Can~Hill, PA 17011 ~..~Yff7) 73%6400 Cristine A Ritter, Plaintiff Robert L Ritter, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-277 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, Robert L Ritter, Defendant in the above captioned matter do hereby on the date indicated below accept service of the divorce complaint filed by Plaintiff, Cristine A Ritter, to the above term and docket. ' Robert I~ Ritte~,'~efendant Cristine A Ritter, Plaintiff Robert L Ritter, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-277 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER IT IS HEREBY ORDERED AS FOLLOWS: The Qualified Domestic Relations Order under the Highmark Investment Plan attached hereto and incorporated as if fully set forth herein naming Plaintiff, Cristine A Ritter as Participant and Defendant, Robert L Ritter as Alternate Payee, is hereby adopted, entered and enforceable to this term and docket. BY THE COURT: QUALIFIED DOMESTIC RELATIONS ORDER Idenlificefion of Pattie*: The name, social security number, address and birth date of the Participant is as follows: Cristine A. Ritter, 20 Pine Tree Drive Mechanicsbnrg, PA 17055 05-30-60 174-$6.1213 The name, social security number, address and birth date of the Alternate Payee is as follows: Robert L. RiRer 20 Pine Tree Drive Mcchanicsburg, PA 17055 08-22-53 166-46-3580 Name of Plan to which this Order Applies: Iq~ghmark Investment Plan (the "Plan") Plan SImnsor: Highmark, Inc. Plan Ad inistrator: Mr. Rich Little Highmark, Inc. 1800 Center Street P.O. Box 890089 Camp Hill, PA 17089 Award to Alternate Payee: Alternate Payee will obtain $ 22,000 of the value of the Participant's vested accrued benefit under the Plan determined as of 12/09/03. The determined amount will not be credited or debited with any gains or losses attributable to such amount for the period from 12/09/03 to the date ofasslgnment of the calculated award to a separate account in each Alternate Payee's name under the Plan. The calculated award determined above shall be transferred to a separate account under the Plan in the name of each Alternate Payee as soon az administratively feasible. Unless otherwise indicated, the Alternate Payee's separate acCOUnt will be invested in the AXP Cash Management Fund. The income, accruals, gains, and losses experienced by such account maintained for the Alternate Payee are to accrue to such account. Each Alternate Payee shall have investment management right~ pursuant to the provisions oftbe Plan for his/her account under the Plan. The Alternate Payee may elect to receive distribution from Mx/her separate account in accordance with the terms of thc Plan without reference to the Participant's attainment of "earliest retirement age," as defined in Section 414(pX4)(B) oftbe Internal Revenue Code of 1986, as amended. Iftbe assigned amount is $5,000 or less, American Express Trust Company will forward a distribution form to each Almmate Payee as soon as administratively feasible aRer the date of assignment of the calculated award to a separate account in each Alternate Payee's name under the Plan. Iftbe assigned amount exceeds $5,000, it shall remain in the separate account in each Ahemate Payee's name under the Plan until such time as the Alternate Paya~ elects a distribution in accordance with the terms of the Plan. In addition, the Alternate Payee may name a beneficiary or beneficiaries to receive any amount payable from his account under the Plan as a result of his death. Ahar assignment oftbe calculated award to each Alternate Payee's account under the Plan, the Participant shall be awarded all right, title and Interest in and to the Participant's accrued benefits, as reduced above, under the Plan free and clear of any interest of the Alternate Payee. In the event of the Participant's death, there will be no effect on the payment oftbe benefit assigned to the Alternate Payee hereunder. With respect to the Participant's aeemed benefit under the Plan not assigned to the Alternate Payee under this order, the Alternate Payee will not be entitled to any survivor benefits. In the event of the Alternate Payee's death before receipt of the assigned benefit, such benefit shall be payable to the designated beneficiary of the Alternate Payee or, ifthare is no designated beneficiary, to the Alternate Payee's (a) spouse or, if none, [Co) living children or, if none, (c) living parents or, if none, (d) living brothers and sister~ or, if none,] (e) estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of haeefit cleated shall determine if any additional amounts shall be paid upon the Alternate Payee's death. Compliance with the Provisions of the L~w: It i! this Court's intention that the provisions of the Order operate as an effective assignment of said interest under both state and federal law, for all purposes, and constitute a "Qualified Domestic Relations Order," in compliance with Section 414(p) of rite Internal Revenue Cede of 1986, as amended and Section 206(d)(3) of tho Employee Retirement Income Seenrity Act of 1974, as emended. This QDRO is granted in 2 accordance with the Pennsylvania state domestic re{atinns {aw, which relate to marital property.rights, child support, and/or spousal support between spouses and former spouses m matrimonial actions. In the event that it is subsequanfly determined by the Plan Administrator for the Plan, by a court of competent juri~iiction, or otherwise, that the provisions of this Order fail to meet the requirements nfa "Qualified Domestic P,~lations Order," both parties shall cooperate fully and shall execute any and al/ documents necessary to obtain an Amended Judgment and Decree containing an Order of 1his Court, meeting al{ requirements cfa "Qualified Domestic Relations Order," and this Court expressly reserves jurisdiction over the Participant's benefits in the above named Plan as of the date of entry of the Judgment and Decree, in order to effectuate the assignment of benefits ordered above. This Order supersedes all previously filed Orders ia this matter relating to this subject. Savings Clause: This order is not intended, and shall not be construed in such a manner as, to re. quire the Plan: (a) to provide any type or form of benefit option not otherwise provided under the terms of the Plan; (b) to increased benefits, otber than through the aecumninfion of earnings, (c) to require the paymant nf any benefits te the Alternate Payee whleh are required to bo paid to anoth~' Alternate Payee under another order which was previously deemed to be a QDRO. Plan Ad minis tra fion/Reonvery of Excess Amounts: Each Alternate Payee is ordered to report any retirement payments reonived on any applicable income tax return. The Plan Trustee is authorized to issuo a form 1099-R on any direct payments made to the Alternate Payan. Each Alternate Payee shall keep Highmark, Inc. informed of their current address and telephone number. Notice nf change of address and telephone number shall be made in writing, witnessed by a Notary, and mailed to: American Express Trust Company Attn: QDRO Administrator 1344 AXP Financial Center Minneapolis, MN 5'3474 In the ~vent that the Plan Trustee inadvert~ntiy pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant ahall immediately reimburse th~ Alternate Payee to the extent that he or she has received such benefit payment and shall forthwith pay sech amount so received directly to the Alternate Payee within ten (10) days of receipt. 3 The Participant and the Alternate Payee shall hold the Plan, Highmark, Inc,, and any fiduciary harmless from any liabilities, which arise from this domestic relations order, including all reasonable attorney's fees which may be incurred in connection with any claims which are asserted because the Plan honors this order. tAltemate Pay~ / Judge Date Cristine A Ritter, Plaintiff Robert L Ritter, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-277 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 21, 2004 and service was obtained upon the defendant by defendant personally accepting service thereof on January 22, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree ~n Divorce after service of notice of intention to request entry of the decree. 4. 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 further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divome 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 subiect to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsificaj~JerCt~ auth0~rities. Date: /~J~ ~) ~~~~(::~_.~~~--7 v ~.- / ~obert L~ Ritter ~ / Cristine A Ritter, Plaintiff Robert L Ritter, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-277 : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of auth~'--'~ Date:/~ /~ (,~Z/~ Robert L Ritter Cristine A Ritter, Plaintiff Robert L Rifler, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-277 : : CIVIL ACTION. LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 21, 2004 and service was obtained upon the defendant by defendant personally accepting service thereof on January 22, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree ~n Divorce after service of notice of intention to request entry of the decree. 4. 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 couns§ling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: k..~[~--*~-o~,~.~ r-~ristine A Ritter Cristine A Ritter, Plaintiff Robert L Rifler, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-277 : : CIVIL ACTION .. LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c)OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights concerning alimony, division of property lawyer's fees or expenses if I do not claim them before a divome is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. Date:~.-~g,~- ~ ~-~' ~/~/~ C¥~st~ne A Ritter Cristine A Ritter, Plaintiff V. Robert L Ritter, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No.: Civil Action - Law In Divorce MARITAl, SETTLEMENT AGREEMENT January 13, 2004 Ritter TABLE OF CONTENTS SECTION PAGE z. SEPARATION AND NON INTPiRFERENCE: ................................................................................ 3 2. RECONCILIATION: ...................................................................................................................... 4 3. ENFORCEMENT: .......................................................................................................................... 4 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: ................................................................................................................................................ 5 5. EQUITABLE DISTRIBUTION: ........................................................................................................ 6 A. PREFACE: .................................................................................................................................... 6 B. DISTRIBUTION OF ASSETS: .................................................................................................... 6 1. WIFE'S ASSETS: ......................................................................................................................... 6 2. HUSBAND'S ASSETS: ............................................................................................................... 6 3. ASSET DIVISION: ...................................................................................................................... 7 A. REAL ESTATE: 20 P/ne Tree Drive, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania: ...................................................................................................................... 7 B. DISTRIBUTION AND WAIVER OF PERSONAL ............................................................. 7 1 ) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: .................................................................................. 7 C. Wife's HIOHMARK INVESTMENT PLAN (the "Plan"): .................................................. 8 D. INTENT: ............................................................................................................................... 8 6. AFI'ER ACQUIRED PROPERTY: ................................................................................................ 9 7. DEBTS: ................................................................................................................................................ 9 A. Wife's Debts: ................................................................................................................................. 9 B. Husband's Debts: ......................................................................................................................... 10 C. Indemnification: .......................................................................................................................... 10 8. FULL DISCLOSURE: ................................................................................................................... 11 9. RELEASES: ................................................................................................................................... 11 lo. BREACH: ...................................................................................................................................... 12 11. REPRESENTATION: ................................................................................................................... 12 12. VOLUNTARY EXECUTION: ...................................................................................................... 13 13. ENTIRE AGREEMENT: .............................................................................................................. 13 14. PRIOR AGREEMENT: ................................................................................................................ 13 15. MODIFICATION AND WAIVER: .............................................................................................. 13 16. GOVERNING LAW: ..................................................................................................................... 13 17. INDEPENDENT SEPARATE COVENANTS: .: ......................................................................... 14 18. VOID CLAUSES: .......................................................................................................................... 14 19. DISTRIBUTION DATE: .............................................................................................................. 14 2o. DATE OF EXECU'I~ON: .............................................................................................................. 14 EXHIBIT A - QDRO .................................................................................................................................. 16 I have read and understand this page- CAR ~4~ _ . ; R1,R _ ~~ page 2 Ritter MSA MARITAL SETTLEMENT AGREEMENT THIS AGREEMENT, made this __ day of ,2oo4, by and between Cristine A Ritter, hereinafter called "Wife", and Robert L Pdtter, hereinafter called "Husband". WHEREAS, Husband and Wife were lawfully married on March z6, z99~ m Cumberland County, Pennsylvania; 14ffIERF~AS, differences have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto desire to settle fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband each, intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION AND NON ENTERFERENCE: It shall be lawful for each party at all times hereafter to live separate and apart from each other at such place as he or she from time to time shall choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. Each party shall be free from interference, authority and control by the other, as fully as if he or she were single and un]:rme~jed, except as may be page 3 Ritter MS,4 necessary to carry out the provisions of this Agreement. Neither party shall molest or attempt to endeavor to molest the other, or in any way harass or malign the other, nor in any other way interfere with the peaceful existence, separate and apart from the other. 2. RECONCILIATION: This Agreement shall not be deemed to have been waived, extinguished, discharged, terminated, invalidated or otherwise affected by a reconciliation between the parties hereto, cohabitation between the parties, a living-together or resumption of marital relations between them. They shall not be deemed to have reconciled with the intention of vitiating or terminating this Agreement unless they make such actions through a written instrument, executed and acknowledged in the same manner as this Agreement. 3. ENFORCEMENT: The parties acknowledge that Wife shall file with the Cumberland County Court of Common Pleas, Pennsylvania, a no-fault divorce action pursuant to Title 93, section 33oz(c) of the Pennsylvania Divorce Code and amendments thereto contemporaneously with the execution of this agreement, and Wife shall accept service of the same. It is specifically understood and agreed by the parties that the provisions of this agreement relating to equitable distribution of property and all other matters contained herein including but not limited to support, alimony, alimony pendente lite, counsel fees, costs and/or expenses are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code and shall be submitted to the court at the time of filing the praecipe to transmit the record to conclude the divorce. The parties agree to execute their respective Affidavit of Consent and Waiver of Notice and proceed with entering same to the court docket for the purpose of finalizing the divorce action as soon as is practicable within the time frame permitted pursuant to the Rules of Civil Procedure. Each party shall further execute any and all documents which may require page 4 Ritter ARS// his or her signature for the purpose of effectuating all of the terms and conditions of this Agreement so as to give full force and effect to this Agreement. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. SPOUSAL SUPPORT/ALIMONY/ALIMONY PENDENTE LITE (APL), COSTS AND EXPENSES: Husband and Wife hereby acknowledge that they have been advised or have the right to obtain advice in regard to the fact that each may have the right to assert a claim for spousal support, alimony, alimony pendent lite, costs and/or expenses. Further, Husband and Wife acknowledge that they understand that said rights are available in their divorce action. Husband and Wife further acknowledge that they are aware of the income, education, income potential, and assets and holdings of the other or have had full and ample opportunity to become familiar with such items. Husband and Wife hereby accept the mutual covenants and terms of this Agreement and the benefits and properties passed to them hereunder in lieu of any and all further rights to support or alimony for themselves, counsel fees, and alimony pendente lite at this time and during any and all further or future actions of divorce brought by either of the parties hereto, except as specifically provided herein. The parties do hereby remise, release, quit claim, and relinquish forever any and all right to support, alimony,~alimony pendent.e~ coua~gr fees and page 5 Ritter MSA expenses beyond those provided for herein, during the pendency of or as a result of any such actions, as provided by the Divorce Code of Pennsylvania or any other applicable statute, at this time and at any time in the future. 5. EQUITABLE DISTRIBUTION: A. PREFACE: The parties have valued to the best of their ability their entire marital and non-marital estates. The parties have made use of either the information provided between themselves and/or statement values associated with such assets and/or have attributed fair market values and/or other agreed upon values to such assets and for purposes of negotiation and settlement, and hereby stipulate to such valuations. The parties desire to effectuate the division of all assets in undertaking these terms of settlement. B. DISTRIBUTION OF ASSETS: z. WIFE'S ASSETS: Husband does hereby grant, convey, transfer, assign, and deliver and set- over unto Wife the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Wife hereafter, free of any claim by or interest of Husband, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Husband does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Wife hereafter. 2. HUSBAND'S ASSETS: Wife does hereby grant, convey, transfer, assign, and deliver and set-over unto Husband the assets so identified within this agreement; said assets shall be and remain the sole and separate property of Husband hereafter, free of any claim by or interest of Wife, regardless of whether such assets were deemed by either of the parties to be marital property or non-marital property. And further, Wife does hereby waive, release, relinquish, and surrender forever any and all claim to or interest in said assets, which shall be and remain the sole and separate property of Husband hereafter. [ IIm~e,eadand.nderstandthispage-CAR t~-.~ ;ICJ, R.[-- ,..~.-~[~..~ page 6 Ritter MSA 3. ASSET DMSION: The parties hereby agree that the following assets shall be divided in accordance with the terms as prov/ded herein. Husband and Wife agree to execute any and all documents required to effectuate the intent herein: A. ~ ESTATE: 2o Pine Tree Drive, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania: The parties are joint owners of the real property known as 2o Pine Tree Drive, Upper Allen Township, Mechanicsburg, Cumberland County, Pennsylvania (referred to herein as the "premise"). The parties hereby agree that the following terms shall apply with regard to the premise: a. In exchange for the payment of Fourteen Thousand Dollars (the manner in which such shall be disbursed discussed hereinbelow in subsection C), Husband shall contemporaneously with the execution hereof, execute a transfer deed to Wife for the premise herein identified. b. Pending refinancing of the premise in or about February 27, 2004, the parties shall continue to share all expenses associated with the premise including, but not limited to, Members 1st first mortgage and home equity loan, real estate taxes, etc. c. Wife shall complete refinancing of the premise paying offMembers xst first mortgage and home equity loan on or before February 27, 2004, thereby releasing Husband from all financial obligations associated with the premise. B. DISTRIBUTION AND WAIVER OF PERSONAL l) MARITAL, TANGIBLE AND INTANGIBLE, ASSETS AND 2) NON-MARITAL, TANGIBLE AND INTANGIBLE, ASSETS: With the exception of Wife's Highmark Investment Plan (the "Plan") through American Express and to be discussed below in subparagraph D, Husband and Wife do hereby acknowledge that they have divided to their mutual satisfaction all non-marital and marital assets including, but without limitation, business interests, corporate interests, page 7 Ritter M,S'A partnership(s), joint ventures, inheritance(s), jewelry, clothing, retirement accounts, 4olk's, pensions, brokerage accounts, stocks, bonds, life insurance policies or other securities, Individual Retirement Accounts, checking and savings accounts, mutual funds, and other assets whether real, personal or mixed, tangible or intangible. 2. Husband and Wife further acknowledge and agree that the assets in the possession of the other spouse unless otherwise so divided by way of this agreement shall remain that spouses sole and separate property, each party hereto specifically waiving, releasing, renouncing and forever abandoning whatever claim, if any, he or she may have with respect to any of the foregoing items which are the sole and separate property of the other. C. Wife's HIGHMARK INVESTMENT PLAN (the "Plan"): Husband and Wife do hereby agree that Wife shall pay Husband to Husband as soon as practicable the total sum of Fourteen Thousand ($z4,ooo.oo) Dollars. In order to accomplish the payment, Husband and Wife shall execute the attached Exhibit A - QDRO - whereby the sum of Twenty Two ($22,000.00) Dollars is distributed from Wife's plan, payable to Husband. After payment of the penalty associated therewith, the net is payable to Husband. From the net amount, Husband shall retain Fourteen Thousand ($z4,ooo.oo) Dollars and the balance of the net after subtracting Husband's Fourteen Thousand ($z4,ooo.oo) Dollars shall be paid by Husband to Wife. Wife's receipt of such payment shall coincide with Husband's receipt of the net amount from the Twenty Two Thousand ($22,ooo.oo) Dollar disbursement. D. INTENT: This Agreement is intended to distribute all property of the parties, whether real or personal, and whether determined to be separate or marital property. In the event that any property may be omitted from this Agreement, it is understood and agreed that the person having possession and/or title to such property following the execution of this Agreement shall be deemed the owner page 8 Ritter MSA thereof and each of the parties will execute any and all legal documents without any charge therefore to evidence title to such property in the other party. ADDITIONAL DOCUMENTS: Each of the parties shall on demand execute and deliver to the other any deeds, documents, records or closing statements relating to the sale of real estate under this Agreement, bills of sale, assignment, consents to change of beneficiary on insurance policies, tax returns and other documents and do or caused to be done any other act or thing that may be necessary or desirable to the provisions and purposes of this Agreement. TAXES: Husband hereby agrees to pay all income taxes assessed against him, if any, as a result of the division of the property of the parties hereunder. Wife hereby agrees to pay all income taxes assessed against her, if any, as a result of the division of the property of the parties hereunder. 6. AFTER ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. The parties hereby agree that, as to all assets not specifically mentioned herein which are presently titled in the sole name of one of the parties hereto or, if untitled, are presently in the sole possession of one of the parties hereto, the party not having title thereto or possession thereof hereby waives, releases, relinquishes and forever abandons any and all claims therein, and acknowledges that the party having title or possession of such items shall be the sole and exclusive owner thereof. DEBTS: A. Wife's Debts: Wife represents and warrants to Husband that since the parties' separation she has not and in the future she will not contract or incur any debt or liability for page 9 Ritter MS.4 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 or obligations incurred by her. B. Husband's Debts: Husband represents and warrants to Wife that since the parties' 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. C. Indemnification: All further debts incurred by the parties shall be their individual responsibility. Each party represents and warrants to the other that he or she has not incurred any debt, obligation, or other liability, other than described in this Agreement, on which the other party is or may be liable. Each party covenants and agrees that if any claim, action or proceeding is hereinafter initiated seeking to hold the other party liable for any other debts, obligations, liability, act or omission of such party, such party will at his or her sole expense, defend the other against any such claim or demand, whether or not well~founded, and that he or she will indemnify and hold harmless the other party in respect of all damages as resulting therefrom including reasonable attorneys fees incurred to enforce this indemnification. Damages as used herein shall include any claim, action, demand, loss, cost, expense, penalty, and other damage, including without limitation, counsel fees and other costs and expenses reasonably incurred in investigating or attempting to avoid same or in opposing the imposition thereof or enforcing this indemnity, resulting to Husband or Wife from any inaccurate representation made by or on behalf of either Husband or Wife to the other in this Agreement, any breach of any of the warrant/es made by Husband or Wife in this Agreement, or breach or default in performance by Husband or Wife of any of the obligations to be performed by such party hereunder. The Husband or Wife agrees to give the other prompt written notice of any litigation threatened or page 10 Ritter instituted against either party which might constitute the basis for a claim for indemnity pursuant to the terms of this Agreement. 8. FULL DISCLOSURE: The parties acknowledge that each of them have had a full and ample opportunity to consult with counsel of their choice regarding their claims arising out of the marriage and divorce and that they have specifically reviewed their rights to the equitable distribution of marital property, including rights of discovery, the right to compel a filing of an Inventory and Appraisement, and the right to have the court review the assets and claims of the parties and decide them as part of the divorce action. Being aware of those rights, and being aware of the marital property owned by each of the parties, the parties hereto, in consideration of the other terms and provisions of this agreement, do hereby waive, release and quitclaim any further fight to have this court or any other tribunal equitably distribute or divide their marital property. The parties acknowledge that they have been fully advised and informed of the wealth, real and/or personal property, estate and assets, earnings and income of the other and are familiar w/th and cognizant of such and the value thereof, or has knowingly waived such advice and/or information. The parties hereto have been fully advised and informed of all rights and interests which, except for the execution and delivery hereof, have been conferred upon or vested in each of them by law with respect to the property or estate of the other by reason of their marital status, or has knowingly refused or waived such advice or information. 9. RELEASES: Except as otherwise herein provided, each party releases and discharges completely and forever the other from any and all right, title, interest or claim or past, present or fnture support, division of property including income or gain from property hereafter accruing, right of dower and courtesy, right to act as administrator or executor in the estate of the other, right to distributive share in the other's estate, right of exemption in the estate of the other, or any other property rights, benefits or privileges accruing to either 12arty by virtue of said page 11 Ritter MS,4 marriage relationship, or otherwise, and whether the same are conferred by the statutory law or by the common law of the Commonwealth of Pennsylvania, or any other state, or of the common law of the United States of Amefica. It is further specifically understood and agreed by and between the parties hereto, that each party accepts the provisions herein made in lieu of and in full settlement and satisfaction of any and all of said parties' rights against the other for any past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims raised by them in the divorce action pending between the parties. lo. BREACH: If either party breaches any provision of this Agreement, the other party shall have the fight, at his or her election, to sue for damages for such breach. The party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing his or her fights under this Agreement, or seeking such other remedy or relief as may be available to him or her. REPRESENTATION: a. It is recognized by the parties hereto that each party has the right to be represented by counsel by his or her own free and voluntary choosing. It is fully understood and agreed that he or she has the right to have advice of counsel prior to the signing of this Agreement. By the signing of this Agreement, Husband and Wife recognize that he and she fully understand the legal impact of this Agreement and waives his or her right to have the Agreement reviewed by an attorney of his or her choosing, and further intends to be legally bound by the terms of this Agreement. b. Each of the parties acknowledges that he or she has read and understands the nature and importance of this Agreement, that each considers the provisions of this Agreement to be fair, just and reasonable, that each enters into it freely and voluntarily, and that each does not d~ire to~ave or become page 12 Ritter possessed of any property of the other party or any interest therein which the other party now owns or hereafter may own, except as expressly provided for in this Agreement. VOLUNTARY EXECUTION: The provisions of this Agreement are fully understood by both parties and each party acknowledges that this Agreement is fair and equitable, that it is being entered into voluntarily and that it is not the result of any duress or undue influence. Further, each party acknowledges that he or she has the mental capacity to understand the terms provided herein and has not been placed under duress, coercion or any physical or mental stress. 13. ENTIRE AGREEMENT: This Agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertaldngs other than those expressly set forth herein. 14. PRIOR AGREEMENT: It is understood and agreed that any and all property settlement agreements executed between the parties, and/or may or have been executed prior to the date and time of this Agreement, are null and void and of no effect. 15. MODIFICATION AND WAIVER: Any modification or waiver of any provision 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. 16. GOVERNING LAW: This Agreement shall be governed by and shall be construed in accordance with the laws of the Commonwealth of Pennsylvania. page 13 Ritter 17. INDEPENDENT SEPARATE COVENANTS: 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. 18. VOID CLAUSES: 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. DISTRIBWrlON DATE: The parties hereto acknowledge and agree that for purposes of distribution of property as provided for in this agreement, the date of execution of this agreement shall be known as the Distribution Date. ~o. DATE OF EXECUTION: The parties hereto acknowledge and agree that the date of execution referred to herein shall be known as the last date upon which either party executes this agreement. IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have hereunto set their hands and seals the day and year first above written. Robert L Ritter have read and understand this page - C/iR page 14 Ritter Commonwealth of Pennsylvania : : SS. COUNTY OF C,~--- [~'~ a : On this, the t 1'r~ day of ~n-~-.~.'~ , 2004, before me, a Notary Public, personally appeared Cristine A Ritter, known to me to be the person whose name is subscribed to the within Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. .S WHEREOF, I hereunto set my hand and officialseal. NOTARY PUBLIC ~.. NOTAR AL SEAL My Commission mxplres: LOUIS J. LORE, Notary Public Camp Rill Boro, Cumberland County My Commission Expires April 14, 2007 Commonwealth of Pennsylvania : ; SS. COUNTY OF C~-~ ~'~ : On this, the I~'~day of ~',~-~x , 2oo4, before me, a Notary Public, personally appeared Robert L Ri~er, known to me to be the person whose name is subscribed to the within Settlement Agreement 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 My Commission Expires: NOTARIAL SEAL LOUIS J. LORE, Notary Public Camp Hill B~ro, CumBerland County My Commission Expires April 14, 2007 I lhave read and understand thispage - CAR ~ page 15 Ritter M$~ EXHIBIT A - QDRO QUALIFIED DO~M~ESTIC RELATIONS ORDER Identifienfiun of parties: The name, ~clal security number, eddr~ss and birth date off. he participant is a~ follows: 20 Pine Tree Drlv~ Mechanicsburg, PA 17055 05-30-60 174-55-1213 The name, social security number, address and birth data of the Alternat~ Payee is as follows: Robert L. Ritter 20 Pine Tree Drive Mechanicsburg, PA 17055 08-2:2-53 16646-3580 Name of Plan to which this Order Aoolies: Higlunark Investment Plan (the "Plan") ~lan Sponsor: Highmark, ~Plan Administrator: Mr. Rich Little Highmark, ln~. 1800 C*nter Street P.O. Box 890089 Camp Hill, PA 17089 Award to Alternate Payee: Air,male Peye~ will obtain $ 22,000 of the value of the Participant's vested accrued b~ne fa andar the pl~u der*trained as of t2/09/03. The determined mount will not be credited or debited with any gn~ or losses attributable to such amount for the period f~om 12/09/03 to the date of assignment of the calculated award to st s~parate account in each Alternate Payee's name under the Plan. have read and understand this page - CAR ~ page 16 Ritter M$~ The calcuhted award determined above shall be transferred to a separate account under the Plan in the name of each Alternate Payee as soon a~ administratively feasible. Unless otherwise indicated, the Alternate Payee's separate account will be invested iia the AXP Cash Management Fund. Thc income, accruals, gains, and losses experienced by such account maintained for the Alternate Payee a~c to accrue to such account. Each Alt*mate Payee shall have investment managcatent fights pursuant to the provisions of tho Plan for bLt/her account under the Plan. Th~ Alternate Payee may elect to r~ceive distribution from his/heraeparat$ account in accordance with the terms of the Plan without reference to the Participant's atto/nm,hr of"earliest ratiremont age." as defined in Section 414(pX4XB) oft}lo latealal Rervenu¢ Code of 1986, as anaended. If~* assigned amount is $5,000 or le~s, American Express Trust Company will forward a dlstrlbution form to each Alt*mate Payee az soon as administratively f*asthle after the date of assignment of th* calculated award to a separate account in each Alternate Payee's name under th* Plan. If the assigned ~mount exceeds $5,000, it ~hall remain in the separate account in each Alt*mate Payee's name nnder the Plan until such time az the Alt*mate Pay** *lect~ a distribution in accord*n,* with the t~rms of the PI~. ~ addition, ~e Alt*mat* Pa~ may name a ~ncficJ~ or ~neficiafi~ W receive any ~ount payable from his account under ~e Plan es a ~lt of his dea~. In t~e event of the Alternate Payee's death before receipt of the ezsigned benefit, such benefit ~hall bc payable to the designated beneficiary of the Alternate Pay~ or, if there /s no designated beneficiary, to the Altema~e Payee's (a) spouse or, ii'none, [Co) living children or, if none, (o) living parents or,/f none, (d) living brather~ and sist~m or, if none,] (e) estate; provided, however, that once benefits have commenced to the Alternate Payee, the form of benefit elected sbati d~ermine if any additional amounts shMl be paid upon the Alternate Payee's death. Cempl/a~ee with the Provisions of the Law: It is this Court's intent/on that the provisions of tho Ord~ operate as a~ ~ffestiw assignment of said inm-~ under both consfi~ a "Qu~ifi~ ~m~c Relations O~er," h ~mpli~ ~ S~on 414(p) of · e latemal ~v~uo C~o of 1986, ~ R~imment ~come Ses~i~ Aet of1974, ~ ammd~. I lhave readandunderstandthispage - CAR ~ff~ page 17 Ritter accordance wi~ thc PenasylvaMa s~ate domestic retations ]aw, whkb relate to matra) prope~ ~gh~s, cMld suppo~, ~d/or spouas~ suppo~ be~eea spouses and fo~ s~us~ in ma~imonia[ ac[~ns. In ~e event ~at ~ is sub~uendy d~e~efl by ~e P~n ~m~istmwr ~or the PI~ by a cou~ of competent jurisdlc~on, ~ othe~isc, that Ee pmvisio~s of ~is ~der fail to m~t the re~ulreme~ ofa "~alifi~ Dom~tic ~latJ~s O~er," both pa~ies shall e~parate ~lJy ~ ~all ~eeuto any and al~ d~umants an~s~ to ob~n ~ Amend~ Jud~ent ~d Dec~ ~ma~aing an Ord~ of th~ Co~, m~fing all ~ui~en~ of a "~a]ified ~m~ RaiSons Or.r," a~ ~is Co~ ~p~sly r~e~es juris~ctio~ over ~e P~icip~t's ~nefits in the above ~amed PJ~ as of~e date ofen~ of~e/ud~ent and Dee~, in order to eff~tua:e the ass[~ment ofbenefi~ ordered ~. ~is O~ supe~edes aH p~vious~ filed O~ers in this matter minting to ~is subject. Plao: (a) to provide any type or form o£ benefit option not otherwise provided under the to increased benefits, other than through the accumulation of earnings, to require the payment of any benefits to the Alternate Payea wltich are required to be paid to another Alternate Pay*e under another order which was previously deemed to be a QDRO. Plsn Ad mtnistrnfio~'Reeovery of Exee~s Amounts: Each Altoraato Payee is ordered to report any eetlremant payment~ received un any applicable income tax return, The Plan Trustee is authorized to issue a form 1099-R on any d/feet payments made to the AJteroate Payee. Each Altexna~ Payee shall ke~p Higinnark. Inc. informed of their current eddr~s and telephone number. Notice of cha~ge of address a,d telephone number shall be made in writ~ng, witnessed by a Notary, and mailed to: Americ~ Express Trust Company ARm QDRO Administrator 1344 AXP Fianm. ial tearer Minneapolis, MN 55474 In the ~wnt that the Plan Tmste* inadvertently pays to the Participant any benefits that are assigned to the AJtemato Payee pursuant to tho terms of this order, the Participant shall immediately reimburse the Alternate Payee to the extent that he or she has received such ben,fit payment and shall forthwith pay such amount so re, eeived directly to the Alternate Payee within t~n ([0) days of receipt have read and understand this page - CAR ~ page 18 Ritter MSA Tho Participant and the Alternate Payee shall hold the Plan, Higlunack, Inc., and any fiduciary harmless from any liabilities, which arise from this domestic r~latlons order, including all reosonable attorney's fees which may he incurred in connection with any claims which are assured because the Plan horloirs this ord.. participant Alternate Paye~ Date Judge have read and understand th~spage- CAR ~ page LIPSITT LLC Camp llfll, PA 17011 717-737-6400 lax: 71 ?-737-535~ Cristine A Ritter, Plaintiff Robert L Ritter, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-277 : : 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: 1, Ground f or divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant accepted personal service of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on January 22, 2004 3. Date of execution of the Affidavit of Consent and Waiver of Notice of intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: June 20 2004 by Defendant: June 20 2004 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: June 28 2004 by Defendant: June 28 2004 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Miller Lipsitt/~ O~~,,.,~ By: Jame~ Miller,~squire Attorney for P~_Jafhtiff 2_~et Street _..._.--~-~ Camp Hill, PA 1701' ._~~ (717) 737-6400 IN THE COURT OF COMMON PLEAS Cristine A Ritter OFCUMBERLANDCOUNTY STATE OF ,~ PENNA. NO. 04-277 VERSUS Robert L Ritter Defendant DECREE IN DIVORCE AND NOW, DECREED THAT aND Cristine A Ritter Robert L Ritter ~', IT IS ORDERED AND , PLAINTIFF, , DEFENDANT~ ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The pn~im~ hmr~hy i~Pnrpnr~, h}~ nn~ mm~g~, their January 13, 2004 Martial Settlement Agreement. BY THE COURT: ~ J/ AT e T: ~ J. Cristine A Ritter, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-277 Civil Term Robert L Ritter, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF ELECTION TO RETAKE MAIDEN NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in Divorce from the bonds of matrimony on the July 23 2004, hereby eiects to retake and hereafter use her maiden name of Altieri and gives this written notice avowing her intention in accordance with the provisions of the Act of May 25,1939, P. L. 19 DATED: co/'c2--~- / , iQj-ffit, ~ 0 {2ttzu~ Sworn to and subscribed before me this OJ- day of ~(lL~ ,~~5 L.cb.. ~:_. c.Q. \. \v ' . ......L NOTARY PUBLIC .._..~..."~.,.__...,-"-- ',OTARIAL SEAL CHARLES A. HARBOLD, Notary Public Camp Hill Bore, Cumberland County My Commission Expires Dec. 30, 2006 l1 ~ ~ ~ C> ~ ~ ti! --- J ('; :::: ::::-:1 ,-'. (..""C I-'-l-:'~ I ~~-) -;:.." ~"-'-.. (;,,)