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HomeMy WebLinkAbout08-63434 CHRISTINE STEPHENSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. O$- W y `ir, JEFFREY STEPHENSON, Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown 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 Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 FLOWER SAID, LIlVDSAY 26 West High Street Carlisle, PA SAIDIS, FLOWER & LINDS Y Carol J. Lindsa ; Attorney Id. 93 26 West Hi S Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ii 4% „ CHRISTINE STEPHENSON, Plaintiff V. JEFFREY STEPHENSON, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Christine Stephenson, an adult individual, residing at 241 Walton Street, Lemoyne, Cumberland County, Pennsylvania. 2. The Defendant is Jeffrey Stephenson, an adult individual, residing at 714 16'h Street, New Cumberland, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 27, 1978 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that she has SAIDIS, FLOWER & LENDS" 26 West High Street Carlisle, PA the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 5?r G 3 (f 3 C',c-w:lt -7Z-? WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS, FLOVVER & Attorney Id. 44693 26 West High-Stmg Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FLOWER & LINDSAY MUZOINUTAW 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. LA ILA" Ii.- A Christine Stephenso Date: 10-04- pFS F? & LINDSAY 26 West High Street Carlisle, PA N e.. `j; -\ h O ('J C N 0 C O t 4 p rf f C-3 M _ i_. _ tea ?,?, ??''• ? `til t -•t CHRISTINE STEPHENSON, Plaintiff V. JEFFREY STEPHENSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6343 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Esquire, being duly sworn according to law, hereby deposes and says that on November 15, 2008, 1 served a true and correct copy of the Complaint in Divorce upon Defendant, by mailing those documents to the his address at 714 16th Street, New Cumberland, PA 17070, by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Jeffrey Stephenson. Respectfully submitted, SAIDIS, FLQWER?? S, Y Attorney Id. 414693 26 West Hig Carlisle, PA 17013 (717) 243-6222 SAIDIS, FLOWER & LP4DSAY 26 West High Street Carlisle, PA Dated: November 19, 2008 Counsel for Plaintiff ¦ dOnVWb ftme 1, 2. MW & Aiao omrok a A. wAnowm ft m 4 M PAsMOW Deklery Is deeirod. ? AV* ¦ IMnt your name and address on the mom x C3?W so that we can wtum the card to you, Aled by (ft9 d Mw* C. Date ¦ AKadi this card to the back of the mMpiece, or on the front if apace pwff ta. A _ 1. Artldo Addrowod to: D. N drMry address c riwrt *am nom 19 m %s If YE% arrtm d*4wy address blow: 11tNo j 7-L'T'J4?/ Ljfe??ernSon -l l L{ / 6 f-A &ree.t A-Je U, C urLb er ta-n d, *i ? f3grraw MaY /70'7 0 ? koplatand ? Rahn ReoNpt for Mord,w,f w ? MwjW Mav O C.O.D. 4. Asatrlctsd DaNvwyl (Fxba Foo Y" AMcb ft MW*br m sa ao.p 7008 0150 0001 6187 6105 t7ir?wntrr npn rro. tS ft m 11, Pon my am t?arrrarso PMun ftow SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA 7 ..i ' ti n?, < .?' Q "`' r7-t _ Y ti " ? N ? ''.)' ' ? t "t? v " 1 ._Y? ?' • • =-i 'Lr ,° ;"! ": CHRISTINE STEPHENSON, Plaintiff V. JEFFREY STEPHENSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6343 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed October 27, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 7- ) (70? -- Christine Stephenson PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. SAIDIS, LINDSAY ATIOIWr AT uw 26 West High Street Carlisle, PA 2. 1 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. 1 understand that I ilVil= not be divorced until a Divorce: Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 1 0/ 0,ku Christine Stephenson JUL 15 2009 T-l' f?l Qy 2909 .: i vim 1 1 AIli IG: s CHRISTINE STEPHENSON, . Plaintiff' " V. JEFFREY STEPHENSON, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed October 27, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: a d a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6343 CIVIL TERM IN DIVORCE fy y e enson DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER4 3301 (c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final Decree of Divorce without notice. SAMIS, FLOWER & LINDSAY ATFOOM15.AMAW 26 West High Street Carlisle, PA 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 3 3 u I y.1-3 , 9 _ Q$ftpKy Step nson L f'%'--F:, CHRISTINE STEPHENSON, Plaintiff V. JEFFREY STEPHENSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6343 CIVIL TERM IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this a ? day of I tx -\ ?L- , 2009, between CHRISTINE STEPHENSON, of 241 Walton Street, Lemoyne, Cumberland County, Pennsylvania, hereinafter referred to as Wife, and JEFFREY STEPHENSON, of 324 Rear Walton Street, Lemoyne, Cumberland County, Pennsylvania, hereinafter referred to as Husband. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on May 27, 1978 in Cumberland County, Pennsylvania; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland County, Commonwealth of Pennsylvania, to Number 08-6343, Civil Term; and R.3: The parties hereto desire to settle fully and finally their respective financial and property rights and obligations including, but not limited to, all matters between them relating to the ownership of real and personal property, claims for spousal support, alimony, alimony pendente lite, counsel fees and costs, and the settling of any and all claims and possible claims against the other or against their respective estates. NOW THEREFORE, in consideration of the covenants and promises hereinafter to be mutually kept and performed by each party, as well as for other good and valuable consideration and intending to be legally bound, it is agreed as follows: (1) SEPARATION: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, free from any control, restraint or interference from the other. Neither party will molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceeding. Each party shall be free of the interference, authority or contact by the other as if he or she was single and unmarried except as maybe necessary to carry out the terms of this Agreement. (2) DIVORCE: The parties acknowledge that the marriage is irretrievably broken and that they will secure a mutual consent no-fault divorce decree in the above-captioned divorce action. Upon the execution of this Agreement, the parties shall execute and file Affidavits of Consent and Waivers of Notice, necessary to finalize said divorce. (3) REAL PROPERTY: The parties are the owners of certain real estate with improvements thereon erected and known and numbered as 241 Walton Street, Lemoyne, Cumberland County, Pennsylvania. On the same day as he executes this Agreement, Husband shall convey to Wife, by special warranty deed, all his right, title and interest in 241 Walton Street. Wife shall be solely responsible for all expenses associated with the home including, but not limited to, liens of record, utility bills, insurance and real estate taxes. With regard to all such expenses, Wife shall hold Husband harmless and indemnify him from any loss thereon. (4) DEBT: A. Marital Debt: Husband and Wife acknowledge and agree that there are no other outstanding debts and obligations which are joint. Any obligations in the names of one party or the other shall be his or her own separate, individual obligation. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation on October 15, 2007, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the debt may have been incurred. C: Future Debt: From the date of this Agreement, neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the other party. (6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto. This Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes any right, title or interest he or she may have in or to any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts, individual retirement accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401 K plans and the like. Specifically, the parties have satisfactorily divided the joint Belco account. Wife is retaining her Commerce Bank account and Husband is retaining his Belco account. Nevertheless, Husband will roll over to Wife his Ameriprise Roth IRA (---2021) and his Ameriprise IRA (---7021), in the amount of approximately $10,000.00 and $3,200.00, respectively. Wife will also retain her Ameriprise IRA and her PA Farm Bureau 401(k). Husband will retain his United States Postal Service Thrift Savings account, his US Letter Carriers' Mutual Benefit Association account and his Ameriprise Variable Universal Life annuity. Husband is the beneficiary of a Civil Service Retirement System with the Federal government. The Civil Service Retirement pension shall be Husband's sole and separate property except that upon his retirement, he will elect the maximum survivor annuity for which Wife shall be the beneficiary. To give effect to this provision, the parties will execute a Domestic Relations Order prepared by Conrad Seigel Actuaries within ten (10) days of presentation and will submit the Order to the Office of Personal Management for implementation once it is signed by the Court. Wife will retain her Pennsylvania Farm Bureau Pension. For all 401(k) plans, IRAs, Roth IRAs or insurance policies retained by the parties, each will initiate new beneficiary designations, naming the two parties' two children, or each child's spouse should the child fail to survive, as beneficiaries of the death benefit for each asset, in equal shares. The parties will provide a copy of the form so naming the children and their spouses as beneficiaries within twenty (20) days of the date of this Agreement. Wife will retain her Mass Mutual Life Insurance policy along with its cash value. Husband will cash in the U.S. Savings Bonds and give to Wife the proceeds received within 10 days of the date of this agreement. (8) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (9) ADVICE OF COUNSEL: The parties hereto acknowledge that each has been notified of his or her right to consult with counsel of his or her choice, and have been provided a copy of this Agreement with which to consult with counsel. Wife is represented by Carol J. Lindsay, Esquire and Husband has been advised that he may be represented by counsel of his choice. Each party acknowledges and accepts that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily after having received such advice and with such knowledge as each has sought from counsel, and the execution of this Agreement is not the result of any duress or undue influence, and that it is not the result of any improper or illegal agreement or agreements. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. Wife has borne the costs of the filing of the Complaint in Divorce and the preparation of this Agreement and the Deed and she will bear the cost of the Domestic Relations Order provided, however, that Husband will pay to Wife $1,000.00 within sixty (60) days of the date of this Agreement as his contribution toward the costs attendant upon the divorce. (10) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. (11) INCOME TAX: The parties have heretofore filed joint Federal and State Tax returns. Both parties agree that in the event any deficiency in Federal, state or local income tax is proposed, or assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. (12) BANKRUPTCY: The parties hereby agree that the provisions of this Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a party files such bankruptcy and pursuant thereto obtains a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which event the division of the parties' marital assets and all other rights determined by this Agreement including alimony shall be subject to court determination the same as if this Agreement had never been entered into. (13) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and has made any inquiry he or she desires into the income or estate of the other and received any such information requested. Each has made a full and complete disclosure to the other of his and her entire assets, liabilities, income and expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (14) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (15) FULL SETTLEMENT: Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof. 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 party's rights against the other for 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 the party, including all claims which have been raised or may be raised in an action for divorce. (16) RELEASE OF ALL CLAIMS: Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, costs, contributions and expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; C. All rights of courtesy and dower and all claims or rights in the nature of courtesy and dower; D. All widow or widower's rights; E. All right, title, interest or claim in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claims: (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate or intervene in a deceased spouse's estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political subdivision. F. All rights or claims to any accounting; G. All rights, claims, demands, liabilities and obligations arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; 1. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (17) GOVERNING LAW: This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (18) INCORPORATION INTO DECREE: In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (19) BREACH: In the event that either party breaches any provision of this Agreement, he or she shall be responsible for any and all costs incurred to enforce the Agreement, including, but not limited to, court cost and counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election; to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. (20) ENTIRE UNDERSTANDING: This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (21) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their haryds and seals the day and year first written above. &U4144-? Christine Stephenson owk jL:5 J r tephen n r- ?hr Oi 4! }' CHRISTINE STEPHENSON, Plaintiff V. JEFFREY STEPHENSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-6343 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on November 15, 2008, via certified mail. Proof of service was filed with the Court on November 19, 2008. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: July 11, 2009 and filed with the Prothonotary contemporaneously herewith. By Defendant: July 3, 2009 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: The terms of the Property Settlement and Separation Agreement dated June 26, 2009 are incorporated, but not merged, into the Decree in Divorce. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was SAIDIS, FLOWER & LINDSAY ATMRIEtS•Ai uw 26 West High Street Carlisle, PA By Plaintiff: July 11, 2009 and filed with the Prothonotary contemporaneously herewith. By Defendant: July 3, 2009 and filed with the Prothonotary contemporaneously herewith. signed: SAIDIS, FLOWER & DSAY Carol J. Lind ay, squire Supreme Co No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff OF ' .OTARY ? r D09 J 1121- t A I1q: 5 V?. IN THE COURT OF COMMON PLEAS OF CHRISTINE STEPHENSON CUMBERLAND COUNTY, PENNSYLVANIA V. JEFFREY STEPHENSON NO. 08-6343 DIVORCE DECREE AND NOW, 'kO6q , it is ordered and decreed that CHRISTINE STEPHENSON , plaintiff, and JEFFREY STEPHENSON , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The terms of the Marital Settlement Agreement, dated June 26, 2009, are incorporated but not merged into this Decree in Divorce. By the Court, Attest: J. Prothonotary 7 .7.09 ?Gr?C /LUr?c? z 44 4k?,?,5r 441t Christine Stephenson IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Jeffrey Stephenson NO. 08-6343 Defendant DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a DRO Acceptable For Processing under final regulations issued by the Office of Personnel Management ("OPM"). 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee. 4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor thereto. Jeffrey Stephenson ("Participant") is a Participant in the Plan. Christine Stephenson ("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Jeffrey Stephenson 324 Walton Street Rear Lemoyne, PA 17043 Social Security No.: See Addendum Date of Birth: See Addendum 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: DRO Page 2 Christine Stephenson Lemoyne, PA 17043 Social Security No.: See Addendum Date of Birth: See Addendum It is the responsibility of the Alternate Payee to keep a current mailing address on file with the Plan at all times. 7. The sole purpose of this DRO is to award a former spouse survivor annuity to the Alternate Payee. The Alternate Payee is not entitled to any portion of the Participant's gross monthly annuity. 8. The Alternate Payee is awarded a former spouse survivor annuity based on a pro rata share. The parties were married on May 27, 1978, and they separated on October 15, 2007. The former spouse survivor annuity shall be payable to the Alternate Payee if the Participant dies before or after his retirement. The costs associated with providing this former spouse survivor annuity coverage shall be deducted from the Participant's gross benefit. Participant agrees to take all necessary steps to elect the Alternate Payee as designated beneficiary for the purposes of establishing such former spouse coverage. 9. If Participant leaves Federal service before retirement and applies for a refund of employee contributions under the Plan, the OPM is directed not to pay the Participant a refund of such employee contributions. 10. In no event shall the Alternate Payee have greater benefits or rights other than those which are available to the Participant. The Alternate Payee is not entitled to any benefit not otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits offered by the Plan as provided in this Order. All other rights, privileges and options offered by the Plan not granted to Alternate Payee are preserved for the Participant. 11. The Alternate Payee assumes sole responsibility for the tax consequences of any payments made to her under this DRO. DRO Page 3 12. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall immediately reimburse the Alternate Payee to the extent that he has received such benefit payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall immediately reimburse the Participant to the extent she has received such benefit payments and shall forthwith pay such amounts so received directly to the Participant within ten (10) days of receipt. 13. In the event the Participant makes a one-time irrevocable election to transfer into the Federal Employees Retirement System ("FERS") before his retirement, then Alternate Payee shall be entitled to a portion of the survivor benefits set forth under Section 8 above. Further, such former spouse survivor annuity shall be payable directly from FERS. 14. The OPM shall notify the Alternate Payee and her legal representative when the Participant makes an application for any benefit payments or withdrawals from the Plan. I •.1 . DRO Page 4 15. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order, provided, however, that no such amendment shall require the Plan to provide any form of benefit or any option not otherwise provided by the Plan, and further provide that no such amendment or right of the Court to so amend will invalidate this Order. EXECUTED this -ay of ? , 20 d CONSENT TO ORDER: BY THE COUR Judge PLAINTIFF/ALTERNATE PAYEE DEFENDANT/PARTICIPANT ]I n i +AJ 7 X9 A J? Signature ate ture Date ATTORNEY FOR ALTERNATE PA' J Signature FILED CAF TFF FARY 2004 SEP - l Q// f U'F - Oo ? Es mi3 t L" n4y (2, 4?bdmf :Vn J . S4.p"-Oj