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HomeMy WebLinkAbout09-7458THOMAS H. EBERLEIN, Plaintiff V. KELLI J. EBERLEIN, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. Oq - g466 Civi 17rM CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment maybe 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 Jo . King, Esquir, 19 . Hanover Street uite 103 Carlisle, PA 17013 JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 THOMAS H. EBERLEIN, Plaintiff V. KELLI J. EBERLEIN, Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 194- `7 Y5 3' t?UJC.t ??- CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Thomas H. Eberlein, who currently resides at 124 N. 27`h Street, Camp Hill, County of Cumberland, Pennsylvania 17011. 2. Defendant is Kelli J. Eberlein, who currently resides at 4763 Brian Road, Mechanicsburg, County of Cumberland, Pennsylvania 17050. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 9, 1988, in New Ringgold, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Respectfully submitted, a q Date: iQ b f/ JOHN Fj?ING LAW, P.C. 4 4L Jo F. King, Esquire X19 S. Hanover Street uite 103 Carlisle, PA 17013 (717) 258-4343 VERIFICATION I, Thomas H. Eberlein, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. /? Thomas H. Eberlein Date: October ?_, 2009 MLID-OFFtCE OF THE PR} NOTARY 2009 OCT 28 PM 3: 05 Phi 1i1aYi_VAN A -i 338. So Pty A C01; 17oq Q,T# olsalloo THOMAS H. EBERLEIN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. - 74 5k KELLI J. EBERLEIN, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Kelli J. Eberlein, hereby accept service of a certified copy of the Divorce Complaint in above matter on q , which Complaint was filed on October 28, 2009. Date: November 1, 2009 Cgyp 0j-_-'j Kelli J. Eberlein c © -?' a --? =rn == -?c r -? r- <> N CD C? "'4C! :'7 Z c) -n C =F37 C?{ r e n THOMAS H. EBERLEIN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-7458 KELLI J. EBERLEIN, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND Personally appeared before me, a Notary Public, in and for said Commonwealth and County, John F. King, Esquire, Attorney for the Plaintiff, who, being duly sworn according to law, deposes and says that a Certified copy of the Complaint in Divorce in the above- captioned matter was served upon Defendant, on October 29, 2009, as eviden d by the attached Acceptance of Service. F. King, Esq Sworn and subscribed to before me this P*7 4-h day of 12010. Notary Pu c NOTARIAL ftowy POW Nu 90MM CLVANALAW CUM PINY C"WAMN ' 2014 z oi rn :C) Q 0 rv N ]:10 3 r, x --e o ? -n CD -n n THOMAS H. EBERLEIN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-7458 M KELLI J. EBERLEIN, CIVIL ACTION - LAW MM - r-- Defendant IN DIVORCE may, N ?° ---q C:) :ZF3 AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 28, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of 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. 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: ?() `r-1 1 2°t0 Thomas H. Eberlein, Plaintiff THOMAS H. EBERLEIN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-7458 KELLI J. EBERLEIN, CIVIL ACTION - LAW Defendant IN DIVORCE Xm C::> M ;u WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 06 N ?? DIVORCE DECREE UNDER 3301(C) AND 33010) OF THE DIVORCE CQ?' ; `? 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date. U. l ?J Thomas H. Eberlem, Plaintiff THOMAS H. EBERLEIN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 09-7458 ? C ? ?- CIVIL ACTION - LAW EBERLEIN KELLI J :nom , . Defendant IN DIVORCE -<> AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 28, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Date: ` 1 l 4 i9l: Kelli J. Eberlein, Defendant THOMAS H. EBERLEIN, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 09-7458 CIVIL ACTION - LAW KELLI J. EBERLEIN c , Defendant IN DIVORCE _ " ` z =-rl C5 mix= sf ? -n WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A>-c'> DIVORCE DECREE UNDER 3301(C) AND 3301(D) OF THE DIVORCE 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. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dater a i I C) Ke I J. Eberlein, Defendant OF T1117-- 2 ? ^0 MARITAL SETTLEMENT AGRE&JR C fs? PENNSYLVAtgJA THIS AGREEMENT, made this - ?L---- day of November, 2010, by and between THOMAS H. EBERLEIN, of Cumberland County, Pennsylvania, and KELLI J. EBERLEIN, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Thomas H. Eberlein (hereinafter called "Husband") currently resides at 124 N. 27th Street, Camp Hill, PA 17011; and WHEREAS, Kelli J. Eberlein (hereinafter called "Wife") currently resides at 4763 Brian Road, Mechancisburg, PA 17050; and WHEREAS, the parties hereto are husband and wife, having been lawfully married on September 9, 1988; and WHEREAS, the parties have lived separate and apart since on or about August 1, 2009; and WHEREAS, two children were born of the marriage between the parties, namely, Tessa Eberlein, born July 12, 1999; and Gus Eberlein, born June 7, 2002; and WHEREAS, the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, 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 these premises, and of the mutual promises, covenants and undertakings hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter, live separate and apart. Each shall be free from all control, restraint, interference and authority, direct or indirect, by the other. Each may reside at such place or places as he or she may select. Each may, for his or her separate use or benefit, conduct, carry on or engage in any business, occupation, profession or employment which to him or her may seem advisable. Husband and Wife shall not molest, harass, disturb or malign each other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him or her. Neither party will interfere with the use, ownership, enjoyment or disposition of any property now owned by or hereafter acquired by the other. During the said separation, the parties shall have the right to live as though they were unmarried, and their conduct during the separation shall not give rise to additional grounds for divorce which do not presently exist. This Agreement shall not be considered to affect or bar the right of Wife or Husband to a limited or absolute divorce on lawful grounds if such grounds now exist or shall hereafter exist, or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences, which acts have occurred prior to or which may occur subsequent to the date hereof. 2 1 2. CONSIDERATION FOR AGREEMENT. The consideration for this contract and agreement is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 3. ADVICE OF COUNSEL. The parties acknowledge that John F. King, Esq. is acting solely in the capacity as scrivener of this Agreement and not as counsel for either party and that the acceptance of this Agreement is not based on any advice or representation made by John F. King, Esq., nor has any such advice and/or representation been given to either of the parties by said legal counsel. The parties further agree that John F. King shall have no liability regarding any matter or thing resulting from the preparation of this Agreement or the parties decision to enter into this Agreement, and the parties hereby agree to indemnify, protect and hold John F. King, harmless. 4. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including, but not limited to, written interrogatories, motions for production of documents, the taking of oral depositions, the filing of inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the parties further acknowledges that he or she has had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law, and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge that there has been full and fair disclosure to the other of his or her respective income, assets and liabilities, whether such are held jointly, in the name of one party alone, or in the name of one of the parties and another 3 individual or individuals. Each parry agrees that any right to further disclosure, valuation, appraisal or enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Specifically, each party waives the need for copies of bank statements, insurance policies, retirement plan statements or any other documentation. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. The parties hereby acknowledge and agree that the division of assets as set forth in this Agreement is fair, reasonable and equitable, and is satisfactory to them. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other parry or his or her heirs, executors, administrators or assigns in any action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to have available full, proper and independent representation by legal counsel. 5. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and the parties agree, that by this Agreement they have resolved all ancillary economic issues related to the dissolution of their marriage, and thus any divorce action with respect to these parties shall be limited to a claim for divorce only. Husband has filed a divorce complaint in the Court of Common Pleas of Cumberland County, Pennsylvania, docketed to number 09-7458. The parties agree that each will execute an Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree in order the divorce action may be finalized in a timely fashion. 4 6. EQUITABLE DISTRIBUTION. A. Real estate: The parties are the owners of real estate located at 124 N. 27th Street, Camp Hill, Cumberland County, PA 17011 (hereinafter called "subject premises"). Wife shall have exclusive possession of the marital residence no later than November 20, 2010, and at all times thereafter. Husband agrees that he will transfer all of his rights, title and interest to Wife individually. Wife shall have three months from the date of execution of this Agreement to refinance the property, removing Husband's name as obligor on all mortgages and notes encumbering said property. At the time of the refinancing, Husband shall pay to Wife a certain sum calculated as follows: [(balance of debt underlying the marital residence) - ($193,000) _ $sum . B. Furnishings and personalty: The parties agree that they have divided by agreement between themselves all furnishings and personalty located at subject premises, including all furniture, furnishings, antiques, jewelry, rugs, carpets, household appliances, and equipment. Accordingly, Husband shall retain sole and exclusive ownership of all furnishings and personalty currently in his possession, free and clear of any right, title, claim and/or interest of Wife, and Wife shall retain sole and exclusive ownership of all furnishings and personalty currently in her possession, free and clear of any right, title, claim and/or interest of Husband. C. Vehicles: Each parry shall retain sole and exclusive possession of the vehicle of now in that party's possession, and shall likewise be solely responsible for any encumbrances thereon. Each party shall cooperate by executing all Penndot and other documents necessary, if any, to effectuate the intent of the within paragraph. D. Life Insurance: Each party waives any claim of ownership, or right to inherit from, any life insurance policy insuring the life of the other. E. Investments: Except as set forth herein, each party waives any right to any investments in the other party's individual name. F. Bank/Brokerage Accounts: Each party shall retain any non-qualified bank and/or brokerage accounts now in their name, and shall have sole ownership thereof. G. Retirement/Qualified Accounts: (i) Husband is the owner of a certain 403(b) TIAA-CREF qualified account. Husband shall execute a Qualified Domestic Relations Order causing the transfer of Seventy-Five Thousand Dollars ($75,000.00) from said 403(b) account to Wife. (ii) Wife is the owner of a certain 403(b) TIAA-CREF qualified account. Wife shall retain sole ownership in 'said account. H. Miscellaneous Property: As of the execution date of the within Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled; and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from each to the other. 1. Property to Wife. The parties agree that Wife shall own, possess, and enjoy, free from any claim of Husband, the property awarded to her by the terms of this Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Husband to Wife. 6 J. Property to Husband. The parties agree that Husband shall own, possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms of this Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and waives and relinquishes any and all rights thereto, together with any insurance policies covering that property, and any escrow accounts relating to that property. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to Husband. K. Liability Not Listed. Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it_as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim, action or proceeding is hereafter initiated seeking to hold Wife liable for the debts or obligations assume by Husband under this Agreement, Husband will, at his sole expense, defend Wife against any such claim, action or proceeding, whether or not well-founded, and indemnify her and her property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Wife in connection therewith. M. Indemnification of Husband. If any claim, action or proceeding is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife under this Agreement, Wife will, at her sole expense, defend Husband against any such claim, action or 7 proceeding, whether or not well-founded, and indemnify him and his property against any damages or loss resulting therefrom, including, but not limited to, costs of court and actual attorney's fees incurred by Husband in connection therewith. N. Warranty as to Future Obligations. Husband and Wife each represents and warrants to the other that he or she will not at any time in the future incur or contract any debt, charge or liability for which the other, the other's legal representatives, property or estate may be responsible. From the date of execution of this Agreement, each party shall use only those credit cards and accounts for which that party is individually liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. Each party hereby agrees to indemnify, save and hold the other and his or her property harmless from any liability, loss, cost or expense whatsoever, including actual attorney's fees, incurred in the event of breach hereof. 7. INCOME TAX. The parties have heretofore filed joint federal and state tax returns. Both parties agree that, relative to any such previously jointly-filed returns, in the event any deficiency in federal, state or local income tax is proposed or any 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. Each of the parties will be allowed to claim one of the children as his/her dependents for income tax purposes. Upon either child achieving a status so as not to be able to 8 claimed as a dependent, the parties shall alternate from year to year the claiming of the remaining child as a dependent for income tax purposes, with Wife enjoying the first such entitlement. 8. CUSTODY/CHILD SUPPORT. The parties agree that the legal and physical custody of their children shall be shared equally. Both parties agree that it is vital to the childrens' wellbeing that they maintain close relationships with both parents, and to that end, both parents will encourage their children to bond with the other parent, and neither parent will disparage or malign the other parent in the presence of the children. Husband agrees to pay to Wife as child support the amount of Three Hundred Dollars ($300.00) per month. Upon the oldest child reaching the age of 18 or graduating high school, whichever occurs last, Husband agrees to pay to Wife, as child support, the amount of One Hundred Fifty Dollars ($150.00) per month. Upon emancipation, Husband's obligation to pay child support shall terminate. Child support shall be modifiable under PA Guidelines. Husband shall be obligated to provide medical insurance coverage for the children. All unreimbursed medical expenses shall be the obligation of each parent in a proportion equal to the proportional share of each parent's gross income, as compared to the combined gross income of the parents, at the time the unreimbursed expense is incurred. 9. ALIMONY, ALIMONY PENDENTE LITE, SPOUSAL SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights and claims which either may have now or hereafter by reason of the parties' marriage to alimony, alimony pendente lite, spousal support and/or maintenance of other like benefits resulting from the parties' status as husband and wife. Except as provided herein, the parties further release and waive any rights they may have to seek modification of the terms of this paragraph in a court of law or equity, it being 9 understood that the foregoing constitutes a final determination for all time of either party's obligation to contribute to the support and maintenance of the other. 10. WAIVER OF INHERITANCE RIGHTS. As of the execution date of this Agreement, Husband and Wife each waives all rights of inheritance in the estate of the other, any right to elect to take against the will or any trust of the other, or in which the other has an interest, and each of the parties waives any additional rights which said party has or may have by reason of their marriage, except the rights saved or created by the terms of this Agreement. This wavier shall be construed generally and shall include, but not be limited to, a waiver of all rights provided under the laws of Pennsylvania, or any other jurisdiction. 11. WAIVER OF BENEFICIARY DESIGNATION. Each party hereto specifically waives any and all beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including but not limited to pensions and retirement plans of any sort or nature, deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts, final pay checks or any other post-death distribution scheme, and each party expressly states that it is his and her intention to revoke by the terms of this Agreement any beneficiary designations naming the other which are in effect as of the date of execution of this Agreement. If and in the event the other party continues to be named as beneficiary and no alternate beneficiary is otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party. 12. RELEASE OF CLAIMS. A. Wife and Husband acknowledge and agree that the property dispositions 10 provided for herein constitute an equitable distribution of their assets and liabilities pursuant to Section 3502 of the Divorce Code, and Wife and Husband hereby waive any right to division of their property except as provided for in this Agreement. Furthermore, except as otherwise provided for in this Agreement, each of the parties hereby specifically waives, releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she may have in property transferred to the other parry pursuant to this Agreement or identified in this Agreement as belonging to the other party, and each party agrees never to assert any claim to said property or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal effects, household goods and furnishings and all other articles of personal property which have heretofore been used in common by them, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect to this paragraph, upon request. However, neither party is released or discharged from any obligation under this Agreement or any instrument or document executed pursuant to this Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or right of the other, all items of personal property, tangible or intangible, acquired by him or her from the execution date of this Agreement with.full power in him or her to dispose of the same fully and effectively for all purposes. B. Each party hereby absolutely and unconditionally releases and forever discharges the other, and the estate of the other, for all purposes, from any and all rights and obligations which either party may presently have or at any time hereafter will have for past, present or future support or maintenance, alimony pendente lite, alimony, equitable distribution, 11 counsel fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, its supplements and amendments, as well asunder any other law of any other jurisdiction, except and only except all rights and obligations arising under this Agreement or for the breach of any of its provisions. Neither party shall have any obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditionally releases and forever discharges the other, and his or her heirs, executors, administrators, assigns, property and estate from any and all rights, claims, demands or obligations arising out of or by virtue of the marital relationship of the parties, whether now existing or hereafter arising. The above release shall be effective regardless of whether such claims arise out of any former or future acts, contracts, engagements or liabilities of the other or by way of dower, curtesy, widow's or widower's rights, family exemption or similar allowance, or under the intestate laws or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, commonwealth or territory of the United States, or any other country. D. Except for the obligations of the parties contained in this Agreement and such rights as are expressly reserved herein, each party gives to the other by the execution of this Agreement an absolute and unconditional release and discharge from all causes of action, claims, rights or demands whatsoever in law or in equity, which either party ever had or now has against the other. 12 E. The parties agree to elect to have the provisions of Section 1041 of the Internal Revenue Code apply to all qualifying transfers of property. The parties understand that Section 1041 applies to all property transferred between spouses or former spouses incident to divorce. The parties further understand that the effects for federal income tax purposes of having Section 1041 apply are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/former spouse is the adjusted basis of the property in the hands of the transferor spouse immediately before the transfer, whether or not the adjusted basis of the transferred property is less than, equal to, or greater than the fair market value of the property at the time of transfer. The parties understand that if the transferee spouse/former spouse disposes of the property in a transaction in which gain is recognized, the amount of gain that is taxable may be larger than it would have been if this election had not been made. 13. PRESERVATION OF RECORDS. Each party will keep and preserve for a period of four (4) years from the date of their divorce decree all financial records relating to the marital estate, and each party will allow the other party access to those records in the event of tax audits. 14. MODIFICATION. No modification, rescission, or amendment to this Agreement shall be effective unless in writing signed by each of the parties hereto. 15. SEVERABILITY. If any provision of this Agreement is held by a court of competent jurisdiction to be void, invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired or invalidated in any way. 16. BREACH. If either party hereto breaches any provision hereof, the other party shall 13 have the right, at his or her election, to sue for damages for such breach, or seek such other remedies or relief as may be available to him or her. The non-breaching parry shall be entitled to recover from the breaching parry all costs, expenses and legal fees actually incurred in the enforcement of the rights of the non-breaching party. 17. WAIVER OF BREACH. The waiver by one party of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any provision of this Agreement. 18. NOTICE. Any notice to be given under this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice shall be deemed to have occurred upon the date received by the recipient. Each party may change the address for notice to him or her by giving notice of that change in accordance with the provisions of this paragraph. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and enforced under the substantive laws of the Commonwealth of Pennsylvania (without regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of execution of this Agreement. 20. DATE OF EXECUTION. The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which the parties signed the Agreement if they do so on the same date, or if not on the same date, then the date on which the Agreement was signed by the last party to execute this Agreement. 21. EFFECTIVE DATE. This agreement shall become effective and binding upon both parties on the execution date. 14 22. EFFECT OF DIVORCE, EFFECT OF RECONCILIATION, SURVIVAL OF WARRANTIES. This Agreement shall remain in full force and effect and shall not be abrogated even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a reconciliation. This Agreement also shall continue in full force and effect in the event of the parties' divorce. There shall be no modification or waiver of any of the terms hereof unless the parties in writing execute a statement declaring this Agreement or any term of this Agreement to be null and void. If any term, condition, clause or provision of this Agreement shall, by its reasonable interpretation, be intended to survive and extend beyond the termination of the marriage relationship presently existing between the parties hereto, said term or terms, condition or conditions, clause or clauses, or provision or provisions, shall be so construed, it being the express intention of both parties hereto to have this Agreement govern their relationship now and hereafter, irrespective of their marital status. 23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 24. AGREEMENT BINDING ON PARTIES AND HEIRS. This Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal representatives, assigns, and successors in any interest of the parties. 25. ENTIRE AGREEMENT. Each parry acknowledges that he or she has carefully read this Agreement, and has executed it voluntarily and has waived the right to consult with an attorney despite being advised to do so. This instrument expresses the entire agreement between 15 the parties concerning the subjects it purports to cover and supersedes any and all prior agreements between the parties. This Agreement should be interpreted fairly and simply, and not strictly for or against either of the parties. 26. MUTUAL COOPERATION. Each party shall, on demand, execute and deliver to the other any deeds, bills of sale, assignments, consents to change of beneficiary designations, tax returns, and other documents, and shall do or cause to be done every other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party unreasonably fails on demand to comply with these provisions, that party shall pay to the other party all attorney's fees, costs, and other expenses actually incurred as a result of such failure. 27. AGREEMENT NOT TO BE MERGED. This Agreement shall be incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not be merged into said decree. The parties shall have the right to enforce this Agreement under the Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity under this Agreement as an independent contract. Such remedies in law or equity are specifically not waived or released. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. WITNESS: Thomas H. Eberlein *IK'eli ?Eberlein 16 THOMAS H. EBERLEIN, Plaintiff V. KELLI J. EBERLEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-7458 CIVIL ACTION -LAW IN DIVORCE C= PRAECIPE TO TRANSMIT RECORD mtm C N To the Prothonotary: NJ CD ° =-F, Transmit the record, together with the following information, to the court fff"ntrEbf divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: personal service, October 29, 2009. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff 11/16/10 by Defendant 11/12/10. 4. Related claims pending: There are no related claims pending. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date Plaintiffs and Defendant's Waivers of Notice was filed with the Prothonotary: 111W2010 ??? ?1 LAQ, Jo V. King, Esquire A rney for Plaintiff THOMAS H. EBERLEIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. KELLI J. EBERLEIN NO. 09-7458 DIVORCE DECREE AND NOW, 40W"w z- -7-6,10 , it is ordered and decreed that THOMAS H. EBERLEIN plaintiff, and KELLI J. EBERLEIN , 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.") None. The attached Marital Settlement Agreement is incorporated, not merged, into this Divorce Decree. By the Court, (14.4y - 44y J. kL? CoP y - WL? aedo''J THOMAS H. EBERLEIN, Plaintiff V. KELLI J. EBERLEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-7458 CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this -rp day of No -,,e-- L7c,- , 20 ra , it appears to the Court as follows: 1. The parties hereto were husband and wife, and seek this Order in conjunction with a final decree of dissolution of marriage dated r," 3o Zo io , in that action pending in this Court at the above number. 2. Thomas H. Eberlein, Social Security No. 292-42-9496, hereinafter referred to as "Participant" is employed by The Penn State University and is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and, has the following annuities: c A. TIAA RA, GRA No. B524009-4 ril Co .... ri-I rn 1 1°+Tt B. CREF CREF RA, GRA No. Q524009-1 w ©d C. TIAA SRA, gSRA No. L046254-3 A D. CREF SRA, gSRA No. M046254-1 rn Thomas Eberlein's current and last known address is 124 N. 27th Street, Camp Hill, PA 17011, and daytime phone number is (717) 433-4830. 3. The Alternate Payee is Kelli J. Eberlein, whose current and last known address is 4763 Brian Road, Mechanicsburg, PA 17050. The Alternate Payee's Social Security Number is 190-58-1377, his date of birth is October 18, 1963, and daytime phone number is (570) 573-2493. 4. To accommodate the marital/community property distribution between the parties, it is ORDERED, ADJUDICATED and DECREED as follows: A. That the TIAA-CREF annuities previously referenced are marital property; B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values of the Participant's TIAA-CREF annuity accumulations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities. Marital portion to be transferred, valued as of the date the transfer is recorded by TIAA-CREF: TIAA RA, GRA No. B524009-4, $20,000 CREF CREF RA, GRA No. Q524009-1, $55,000 C. Conditions of division of annuity contracts: All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation once his annuities are issued in accordance with the contributing employer's plan. D. Termination/Reaffirmation of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. i) Termination -- as of the date of TIAA-CREF's receipt of the QDRO, all TIAA-CREF benefits otherwise payable to the Alternative Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation. E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. G. TIAA-CREF is authorized to execute the Order upon receipt. Any successful appeal will be implemented only to the extent of the options and accumulations available at the time or receipt of an amended QDRO. 5. This Order: A. Does not require any plan to provide any type of form of benefit, or any options not otherwise provided under the plan, and B. Does not require TIAA-CREF to provide increased benefits, and C. Does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this Order is rendered invalid, the balance of the Order will remain fully enforceable. 6. The Court reserves jurisdiction to issue further Orders as needed to execute this Order. Participant Alternate Payee CV0 -4/1 J Date Kelli J. Eberlein DES tn., I £1U 14CLGI ?b?,J l THOMAS H. EBERLEIN, Plaintiff V. KELLI J. EBERLEIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-7458 CIVIL ACTION -LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Defendant in the above matter, prior to the entry of a Final Decree in Divorce, or _xx_ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Kauterman, and gives this written notice avowing her intention pursuant to the provisions of 54 P.A. 704. Date:-... Signature C - 44 Signature of name being resumed COMMONWE TH F PE SSYYLyANIA COUNTY OF p` : ss: On the day of , 20, before me, the Prothonotary or _.L? _ the Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. otary Public NOTARIAL SEAL SHARRY D SEMANS [AW HILL BOROWN, CUMBERLAND COUNTY y Co mmisslon Explm Jul 25, 2014 FILE-OFFICE ?r ?? THE FROTHO NOTARi 2D18 oEC 13 AM 11 5 MBERLAND LVAHI DE14NSYLVAHIA COUNT "' /i. o0 ??. a &.7t ?2 5-.2-311 JAM .;AJRAV)M ?HAM3e U YAAAH? )ifdoti Y1atoH ww ; AAo4,MVa ' HOU0808 .i.71R} WA3 s c?x3 rfDlu+mmo: IM TNOMAS 1I. EBERLEIN, IN THE', COURT OF COMMON PLI~AS~ ~ r °"~ Plaintiff :CUMBERLAND COUNTY, PENNSY~~N~ ~ --~ ~ f'Tl D ~' ice. ~'. N0.09-7458 ter-- , =-}c:~ ,~ x--, cr1 ~~ __~ ,,--> KELLI .J. EBERLEIN, :CIVIL ACTION -LAW ~~~ ~ ~ ~~ Defendant ~''' <,'3 IN DIVORCE ~~ ~ .. ~. c=~` :cr ~ „ PREVIOUS JUDGE: HON. KEVIN A. 111~,Ss3. `=~ PETITION TO ENFORCE MARITAL SETTLEMENT AGREEMENT: REQUEST FOR AMENDED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this _ day o-F .2012, comes the Petitioner,. Defendant/Wife. Kelli J. Eberlein, n/kJa Kelli J. Kauterman, who avers as follows: The Petitioner is the Defendant/Wife, Kelli .I. Eberlein n/k/a Kelli J. Kauterman, 124 N. 27th Street, Camp Hill, PA 17011. ?. The Respondent is the Plaintiff/Husband, Thomas H. Eberlein, who resides at 1.38 N. 23rd Street, Camp Hill, PA 17011. 3. The above parties were husband and wife, and were divorced from the bonds of matrimony by way of a Divorce Decree dated November 30, 2012, a copy of which is attached hereto and marked as Exhibit .A. 4. The Divorce Decree incorporated that certain Marital Settlement Agreement dated November 1 1, 2010, between the parties. A copy is attached and marked as Exhibit B. ~. Under the terms of the Marital Settlement Agreement, paragraph 6G(i), husband was required to executed a Qualified Domestic Relations Order causing the transfer ~:~f Seventy- Ii~~e Thousand Dollars ($75,000) from husband's 403(b) TIAA-CREF qualified acco~int to wife. b. A Qualified Domestic Relations Order was prepared and was submitted to TIAA- CREF, husband's 403(b) Plan Administrator, which Qualified Domestic Relations Order was approved b~~ said Administrator. A copy of the Qualified Domestic Relations Order and the approval letter, dated October 5, 2010, is attached hereto and marked as Exhibit C. Subsequent to the issuance of the aforementioned Qualified Domestic. Relations Order. the Plan Administrator TIAA-CREF has performed in part by transferring Fitt}~°-five Thousand Dollars ($55,000) from the CREF RA,GRA No. Q524009-1 account as required by paragraph 4I3 of the Qualified Domestic Relations Order. The Plan Administrator TIAA-CREF has not performed the remainder of its obligations under paragraph 4B of the Qualified Domestic Relations Order, namely the issuance of Twenty Thousand Dollars (:$20,000) from the TIAA RA. GRA No. B524009-4 account. After extensive communication with the Plan Administrator, the parties have caused to create an Amended Qualified Domestic Relations Order. 10. The aforementioned Amended Qualified Domestic Relations Order has been submitted to TLAA-CREF, and by way of correspondence dated October 19, 201`'_ they have been informed that this Amended Qualified Domestic Relations Order has been approved and will result in TIAA-CREF performing; the balance of their duties under the first Qualified Domestic Relations Order dated November 30, 2010. A copy of the approval and Draft Amended Qualified Domestic Relations Order is attached as Exhibit D. WHEREFORE, the Petitioner respectfully requests this Honorable Court to execute an Amended Qualified Domestic Relations Order so as to allow for the remainder of the payments as required under the Marital Settlement Agreement to be performed and distributed to her. Respectfully submitted, ~~ _ Kelli J. Eberlein, n/k/a Kelli Kauterman i~HOi~~AS H. rBERLEIN V. K:ELLi J. EBERLEIN IN THE COURT OF COMMON PL EAS OF CUMBERLAND COUNTY, PEN~lSYLVANIA No. 00-7458 CI~V®RCE ®ECREE November 30 AND NOW, THOMAS H. EBERLEIN 2010 _, it is ordered and de:;reed that plaintiff, and KELLI ,J. EBERLEIN ;defendant, are divorced from the bonds of matrimony. .Any existing spousal support order shall hereafter be deemed an order for alimony pendente site if any econgmic claims remain pending. -i-he 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: i 1f no claims remain indicate "None.") Norse. The attached Marital Settlement Agreement is incorporated, not merged, into this Divorce Decree. ~~ t , f ~~~' t ~ f. ~, ~~~ ..J~,'~ -~ a;: r ~ ~„ > ~~ + ? ~~ t -,z ~. ~ ;y_ ~ Certified Copy Issued: Decembers, 2010 Date By the Court, Kevin A. Hess Attest: i 'e, ,~ ~~": Prothonotary /~ MARITAI. SETTLEMENT AGREEMENT ,_ THIS AGREEMENT, made, this ~ ~ _ day of November, 2010.. by arid. between THOMAS H. EBERLEIN, of Cumberland County, Pennsylvania, and KELLI J. EBER_LEIN, of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, Thomas H. Eberlein (hereinafter called "Husband") currently resides at 124 N. 27th Street, Camp Hill, PA 1701 l ;and V~~']-IEREAS, Kelli J. Eberlein (hereinafter called "DVife") currently resid~;s at X763 Brian Road. 1Vlechancisburg, PA 1'7050; and WI-1EREAS, the parties hereto are husband and ~~~ife, having been lawfully married can September 9, 1958; and ~~NEREAS, the parties have lived separate and apart since on or about flugust 1, 2009; and WIdEREAS, two children wf:re born of the marriage between the parties., naively, 'Tessa Eberlein, born. July l2, 1999; and Glzs Eberlein, born .Tune 7, ?002; and WHEREAS. the parties herero are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without iimitation, the settling of all matters between them relating to the ownership of real and personal property, the support and maintenance of one another, and, in general, the settling of any and all claims and possible claims by one against the ol:her or against their respective estates. NOON THiILEFORE, in consideration of these pre~i~ises. and of the ml2tual prtamises. covenants ar~d undertakings hereinafter set forth, and for other good and valuable c<<~:~~i:deration. the receipt and sufficiency of which is hereby acknowledged by each of the parties i~~~^reto, Husbtrr~d anal Wife. each intending to be legally bound hereby. covenant and agree as follows: 1. l'~RS®N~L ~I~HTS. Husband and Wiife ir~av, at all times here,after.. iivc separate and apart. Each shall be free from all controh restrair,~t, interference and authoritti~. ~_lire~.;t or indirect, h,_ the other. Each may reside at such place or places as he or size ma~~ self.~t~t. Each n~a.~ . for his or her separate use or benefit. conduct, carryon or engage in any busines . occupation, pros-ession or employ-ment which to him or her may seem advisable. Husband and \~~'i fe shall not molest. harass, disturb or malign each other, nor compel or attempt to compel the o~.:her ~o cohabit or dwell b~° anti means or in any manner whatsoever wiith him or her. Neither parte~ ~wi~l interfere ~ ith the rise. ownership, enjoyment or disposition of any property now owned by or hereafter acquired b~~ the- other. During the sad separation, the parties shall have the rigl-it to l~r~ e, as though they ~tiere unmarried., and their conduct during the separation shall not give rise to additional grounds for did orce which do not presently exist. This Agreement shall not be considered to affect or bar the ri~aht of Wife or Husband to a limited or absolute divorce on lawful ~aa: ounc(s i f such ~n-ounds notiv exist or shall hereafter exist, or to such defense as may be available to either party. This Aoreelrient is not intended to condone and shall not be deemed to be a condonatiol. on the part oi~ either part~~ hereto of any act or acts on the part of the other party which have occ~aioned the disputes or rulhappy differences, which acts have occurred prior to or which may ~occi.ir,uhsequent to the date hereof. ~. ~~)?~SI~ERAT~01~i FQ~R AGI2EEMEI~'T. "The consideration for this c.~~ntracl: and agreen~ient is the mutual benefits to be obtained by each of the parties to the other. The adequacy of the consideration for all a~reemer..ts herein contained is stipulated. confessed. and admitted by the parties. and the parties intend to be legally bound hereby. ?, <~.D~1CE' ®I' COUNSE=[.. The parties acl:~iotivledge that John F. I:ing. E~;sa. is acting so1e1~ in the capacity' as scrivener of this Agreement and not as counsel for either party and that the acceptance of this ,Agreement is not based on any advice or representation made b~, .~~ohn F. King, Esa._ nor has any such advice and/or representation been given to either of the parties by said legal counsel. The parties further agree that John F. King s1,~all have no liability regardin<., attr matter or thine resi~ltin~~ from the preparation ~~f this Agreement or the parties decision to ~nte~- ir~r« this ~~greemen±. and the parties hereby a€xee to indemnify, protect and hold John F. F~i~~~~. harmless. =1. I)LSCL®SURE OF ASSETS. Each of thf° parties hereto acknowledges that he or she is aware of his or her right to seek discovery, including:, but not Limited to, written interr~~gatories, moticros for production of documents, the taking of oral depositions, the filing of im/ci~tories, and all other mean:; of discovery permitted under the Pennsylvania Divorce Code or the i'ea~risvlvania Rule:; of Ci~~il Procedure. Each of the parties further acknowledges that he or she Eras had the opportunit~~ to discuss with counsel the concept of marital property under Penrsvlva,iia laa~, and each is a«~are of his or her right to have the real and/or personal property, estate and asscts, earnings anc~. income of the other assessed or evaluated by the courts of this Common~~~~ea(th oz' any other c~ouz-t of competent jurisdiction. The parties do hereby acknowledge that there has been fiill and fair disclosure to the other of his ~:~r her respective income. assets and Iiabilities_ ~~-ile,her such a~,~e held jointa}~. in the name of one party alone, or in the name of one of the panics ar~d another individual or individuals. Each party agrees that any right to further disclosln~e. t~alu~.ition. appraisal ~~r enumeration or statemert thereof in this Agreement is hereby specifical ~~ ~,~~aived, and the parties. do not ~ ish to make or append hereto any further enumeration: or statez?ieilt. ~pecifcail.~ .each party waives the need for copies of banl: statements. insurance policies, y-etirv~nent plan statements or any other documentation. 1=~,ach party warrants that ire ~~r she is not aware of any marital asset which is not identified in tl-~is Agreement. The pai-t:ies hereh~, ac1~~t,~wleds~e and a<~ree that the division of assets as set forth in this Agreement es f~iir. reasonable and c~luit:abEe_ and is satisfactory to them. Each of the pan.ies hereto further cavena~~ts and agrees for himsel land herself and his or her heirs. executors_administrators or assigns. that he ~~r she will never at al~~ time hereafter sue the other party or his or her heirs. executors, administrators or assigns in any action of contention. direct or indirect, and allege therein that there 1~as a denial of anti ri~~ilts to full disclosure, or that there was any fraud, duress. undue influence or that there was a failure to havF~ available full, proper and independent representation by legal counsel. ~. fr/hL~"TU~.L CONSENT I)IV®RCE. It is the intention of the parties. and the parties agree. that by this Agreement they have resolved all ancillary economic issues re~laied icy the dissoiurion of their marriage. and thus any divorce action with respect to these parties :;hall be limited to t~ claim for divorce only. H~.isband has filed a divorce complaint in the ~~o~,l ; ~f~ t'ommon Fleas oi~Cumberland bounty., Pennsylvania. docketed to number 09-745. The parties agree that each ~~~i11 e.ticcute an Affidavit of Consent and Waiver of Notice of Intention to ~euuest ~=~:ntrv of 1?ivorcc Tsecree in order the divorce action may be finalized in a timely fashion. :t ~. F(9LiITF~BI:E DISTRI~tiTI()I~. .~. Real estate: The parties are the owners of real estate located .at 1 ~-~- `v. ??.1 Street, ramp Hi1L C~tunberland Count}~, PA 1701 1 (hereinafter called 'subject prer~ises~'). Wife shall ha~~e exclusive possession of the marital residence no later than November ~Q. ?Ol (~, rind at all times thereafter. Husband agrees that he will transfer all of his rights, title and i merest to Wife individua(i~. Wife shall have three months from the date of exectirtion of this .a<~reement to refinance the }~~°opei-ty. removing Husband's name as obligor on all mortgages and note encumberinz~ said property. At the time of the refinar~cin~~, Husband shall pay to d7%itr~ <i certain sum calculated as follows: [(balance of debt underlying the marital residence) - ; $1 n .')00) _ $sum i. ~. Furnishings and personalty: The parties agree that they have di~~ided by agreement between themselves all furnishings and personalty located at subject premise,. includir~e all fiu-niture_ fiirnishings. antiques. jewelry, rugs. carpets, household appliances. and eciuipment. Accordsn~~ly, Husband shall retain sole and exclusive ownership of al] 1~iu-nishiilgs and personalty currently in his possession, free and clear of any right, title. claim and;"~?j- interest of Wife. amid Vv ife shall retain sole and exclusive ownership of all furnishings and ~erson~~lt1 c~_rn~ent]_~ in her possession, free and clear of any right, title. claim and/or interest of~ Hrkshand.. ~. Vehicles: Each party shall retain sole and exclusive possession ofd the. ~~~~hicle of no~~ in that part}~''s possession. and shall likewise be solely responsible for any encu«~brances thereon. Each party shall cooperate by executing all Pemidot and other documems necessary, if any, to effectuate the intent of the within paragraph. IJ. Life Insurance: Each party waives any claim of ownership, or ri~~tlt 1a inherit J frem. anv life insurance policy insuring the life of the other. E. Investments: Except as set forth herein, each party waives anv r~ ~,~lt to any ~ntie~trnents in the ether party's individual name. F. Bank/Brokerage :accounts: Each part~r shall retain any non-qualified bank andior brok=erage accounts now in their name, and shall have sole ownership the~reoi~. ~'r. Retirement/Qualified Accounts: (i! Husband is the owner of a certain 403(b) TIAA-t'REF qualified account husband shall execute a Qualified Domestic Relations Order causing the transfer of 5event~--Fi ~ e "T'housand Dollars ($75,000.00) from said 403(b) account to Wife. (ii) Wife is the owner of a certain 40~(b) TIAA-CRl F quaCified account. `l'ife shah retain sole ownership in said account. H. Miscellaneous Property: As of the execution date of the within .~1,~reement, any and all property not specifically .addressed herein shall be owned by the party to ~~~hom the property is titled: and if untitled, the party in possession. This Agreement shall constitute a sufficient hi(l of sale to evidence the transfer of any and all ~7ghts in such property frt,nzeach to the other.. 1. Property to Wife. The parties agree that Wife shall own, possess. artd enjoy, fi-ee from any claim of Husband, the property awarded to her by the terms of this _4zreen~ent. Nushand 'hereby quitclaims, assigns and conveys to Wife all such property, and wai~~es and relinquishes anv and all rights thereto., together with an.y insurance policies coverin~~ that: property, and and escrow accounts relating to that property. This Agreement shall constitute ,a sufficient bill o ~~ sale to evidence the transfer of any and all rights in such property from Husband t~.~ Wife. 6 .d. Property to Husband. The parties agree that Husband shall ow~~.. possess, and enjoy. free t:i-om an~~ claim of Wife, the property awarded to him by the terms c~~this ;`agreement. Wife hereb~~r quitclaims, assigns and conveys to Husband all such property, and ~FV~,ti~-es and relinquishes, any and all rights thereto, together with any insurance policies cuv~~-in~z that property, and ~u~,~- escx-o~~~ accounts relating to that property. This Agreement shall constitute a sufficient hill ~,f sale io e~ idence the transfer of any and all rights in such property fi-om '~h- itr:° ~~± IIusband. h. Liability Not Listed. Each party represents and warrants to the ether that he or she has not incurred any debt. obligation or other liability, other than those described in this -~~rre~men!. o~~ which the other party is or may be liable. <~ liability not disch:~s~ed ~n this Agreemem ~-i11 be the sole responsibility of the party who has incurred or may here~rtter incur it, and such party agrees to pay it_as the same shall become due. and to indemnify and hold the other party and his or her property harmless from any and all debts, obligations and liabilities. L. Indemnification of Wife. If any claim. action or proceedin;T is '~~ereafter initiated reel:ins to hold Wife liable for the debts or obligations assume by I-Iusban~l Emder this ~.~~re~~menL ;~Iusband will, at his sole expense. defend 'W'ife against any such claim_ ~~ctiz~n or procec~ding_ ~h~hether or not well-founded, and indemnify her and her property against am damages or toss resulting therefrom, including., but not limited to, costs of court and actual attort~e~'s tees incul;ed by `~%iie in connection therewith. Ll. Indemnification of Husband. If any claim, action or proceedin~~ is hereafrter initiated seekin~~ to hold Husband liable for the debts or obligations assumed by ~'~- i;e Milder this A~~reement_ ',~%ife will, at her sole expense, defend f~usband against any such claim. r~ctiicn or proceedin<<_ ~~~hether or not well-founded, and isr_iemnify him and Ills property against a~iv dam~~>.es +~r loss a•estilting therefrom. including, 1~~_~t not limited to, costs of coz~~rt ~izi~i act~~al attorney ~ ~; fees incurred by Husband- in connection d~erewith. '~. Warrant. as to Future Obligations. Husband and Wife eac[~l represents and wan-ants to the other that he or she will not at any time in the future incur or contrac? anv debt. char~~e or Ii_ability for which the other, the other's IeQal representatives. property or ~atate may be responsible. From the date of execution of this Agreemerrt. each party shall use on}~, those credit cards and accounts for which that party is individually liable and the parties agree io cooperate in closing:. any remaining accounts which provide for joint liability. Each party i~iereh~,~ a<~rees to indemnif~~~. save and hold the other and his or her property harmless from anv liabilih~_ loss. cost or expense whatsoever, including actual attorney's fees. incurred in the event of >r~-.,ach }~ereof. 7. ~NC'OME TAX. The parties have heretofore filed joint federal and Sttlie tax returns. Loth parties agree that. relative to any such previously jointly-filed returns. in 1.he c;~,ent any deficiency in federal, state or local income tax is proposed or any assessment of an~~ such tax is made a,~rainst either of them, each will indemnify and hold 1-~armless the other fr~~rn ant. against any loss or liabilih~ for any such tax deficiency or assessment and any interest, penalty ;ind expense incurred in connection therewith. Sl_ich tax. interest, penalty or expense shall be paltu ~~olely and entirely by the individual who is finally determined to be the cause of the misreorese~ntations or failures to disclose the nature and extent of his or her separate income on the afi:n~esaid ~~~>int IetUrIl'~.. Each of the parties will he allowed to claim one of the children as Eris-Ter dependents For income tax purposes. Upon either child achieving a status so as nit .o b~~~ able to claimed as a dependent. the parties shall alternate from year to year the claim~n~ ~~f~t1Ze remaining child as a dependent for income tax purposes. with Wife enjoying the first such ent.it(ement. 8. CUSTODY/CHILD SUPPORT. The parties agree that the legal and physical custody of their children shall be shared equally. Both parties agree that it is vital to the childrens' wellbeing that they .maintain close relationships with both parents. and to that end, both parents ~x~ill encourage their children to bond with the other parent. and neither parent veil) disparage or malign the other parent in the presence of the children. Husband agrees to pay to Wife as child support the amount of Three Hundred Dollars (~30Q.00) per month. Upon the oldest child reaching the age of 18 or graduating high school, whichever occurs last. Husband agrees to pay to Wife, as child support, the amount ot~One Hundred Fifty Dollars ($150.00) per month. Upon emancipation, Husband's obligation to pay child support shall terminate.. Child support shall be modifiable under PA Uuidelines. Husband shall be obligated to provide medical! insurance coverage for the children. All unreimhursed medical expenses shall be the obligation of each parent in a proportion equal to the proportional share o ~`~ each parent's gross income, as compared to the combined gross incon-ie o I~ the parents, at the timer the unreimbursed expense is incurred. 9. AL[MONY, ALIMONY" PENDENTE L:[TE, SPOUSAL SUPPORT L-Iusband and ~~'iie hereby expressly waive, discharge and release any and all rights and claims ~~rhich either may ha~re now or hereafter by reason of the parties" marriage to alimony, alimony ~endente lite, spou., pp o "u.; :iu vii aiidiiir ~uaiiit~iiaiiCc iii vihcr iiiCe UcL1CAlts 1GSUItILIb 11'u[ll lI1C pa1~l1C, Sla[US a.S husband and wife. Except as provided herein, the parties further release and waive an~~ rights they may have to seek modification of the terms of this paragraph in a court of law c.>r equit~~.. it being 9 understood that dae foregoin<~ constitutes a final determination for all time of either ~;arty~s ~obii~~atio?~ t~ contribute to the support and maintenance of the other. l t~ ~i'AI~~Ii ~~ INI~EIZ[T'Ah1C~ IZIGiHTS. As of the e~ecuticn date ~. i~ this agreement. Husband and Wife each waives all rights of inheritance in the estate of tine other. any right la elect to take against the will or any trust of the other, or in which the other h~;~. qua interest, and each of the parties waives any additional rights which said pam~ has or ma~~ ha~~e b~ reason of their nlar~-ia,~e. except the rights saved or created by the terms of this Agreement -I~his wavier shall be construed generally and shall include, but not be limited to. a waiver of all rights provided unde~~ the la«~s of Pennsylvania, ar• any other jurisdiction. t 1. ~'AIV»JIZ OF BENEFICIARY DESIGrvATI®N. Each party hereto specifically waives any sand all beneficiary rights and any and all rights as a surviving spouse in and to any asset. benefit or like program carrying a beneficiary designation which belongs to the other party under the terms of this Agreement, including but not limited to pensions and re~irement plans of ara~~ s•_n`t or nature, deferred compensation plans, life insurance policies, annuities_ sts~~ck accounts, bank account .final pay checks or any other post-death distribution scheme. an~a each party expressly states that it is his and her i~atention to revoke by t ae terms of this Agreement any benehr.:iary designations naming the other which are in effect as of the date of e:~ectaio~a of dais Agreement. if and in the event the other parry continues to he named as beneficiar_~: and no alternate benefciarv i s otherwise designated, the beneficiary shall be deemed to be the cstate of the deceased party. 1 ?. 1~EL>CASE OF CLAIMS. :=~ti. Wife and 1-[usband aelcnowledge ands. agree that the property dispositicros provided tc~~~ I~erein constitute an equitable distribution of heir assets and liablliiie_~ pursuant to rectum .~ ~~ i2 of the Divorce Code. and Wife and Hus~~~~~:nd hereby waive any ri<~ht t,~ din ision of their property except as provided for in this Agreement. hurthermore, except a; <<therwise provided for in this Atrreemeilt, each of the parties here'.~~~ specificallti~ waives, release~~. re~lounces and forever abandons any claim. right, title or interest titi~hatsoe<<er he or she may have :in property transt~~rred to the other party pursuant to this Agreement o~~ identified in this A<~reemertt as belon~.~ing to the other party, and each party agrees never to assert any claim to said pa~operty or proceeds in the future. The parties have divided between them to their mutual satisfaction all personal eitects. household goods and funZishings and all other articles of person~_~l ~~°-operty which have hereioi-ore been used in common by them, and neither party will make any- c,aia~; tc~ any such hems ~~hich are now in the possession or under the control of the other. Should it become necessary, each party agrees to sign any title or documents necessary to give effect t~~ this para~~raph, upon request However, neither party is released or discharged from any obiigation under this r\greement or any instrument or document executed pursuant to this .~.~~r ement. Husband and Wife shall hereafter own and enjoy independently of any claim. or right of the other, all items of~ I~~ersonal property, tangible or intangible, acquired by him or her fi-o~7~ tyre ex~;cution date o f this ,~~,greemettt with hill power in him or her to dispose of the same fi~liy ,~r1d ~~ ffeci:i vely for all purposes. ~. Each party hereby absolutely and unconditionally releases at~d fore~~~er discharges the other, and the estate of the other, for all purposes. from any and ~~11 rights and obligations ti~.hich either party may presently have or at any time hereafter will l~~aee fi?r past, present or future support or maintenance, alimony pendente life, alimony, equitable distribution, counsel feea_ costs. expenses, and anc other right or obligation, economic or c~the~ivise. ~-Nether arisin<~ out of the marital relationship or otherwise, including all rights and benettts udder the Pennsylvania Divorce Code of 1980, its supplements and amendments, as weli .~s -_<<~der any other La« ~>f an.: other jurisdiction, except and only except all rights and obligations arisin<~ under this Agreement or for the breach of any of its provisions. Neither party shall have an~~ obligation to the other not expressly set forth herein. C. Except as set forth in this Agreement, each party hereby absolutely and unconditional ly releases and forever discharges the other, and his or her heirs. e:~ecutors. administrators, assigns. property and estate from any and all rights, claims, demands ~.,r 2~bligations arisitlg out of or by virtue of the marital relationship of the parties. whether now e~istin?Z or herea~ter arising. The above release shall be effective regardless of whether such claims arise out of an~~ former or future acts. contracts, engagements or liabilities of the other or~ by ~~~_~~~ of dower, curtest'. widow's or widower's rights, family exemption or similar allowance. ~n~ under she intestate la~~ s or the right to 1:ake against the spouse's will. or the right to treat a lifetime convevanc~~ by the other as testamentary, or all other rights of a surviving spouse to p<~rticipate in a deceased sp~>use's estate, whether arising under the laves of Pennsylvania, any state. commonwealth or territory of the United States, or any other country. D. Fxeept for the obligations of the pa~~ties contained in this ~1g~reement and such rights as are expressly reserved herein, each party gives t:o the other by the execuiioa~ oI~ this Agreement an absolute and unconditional release and discharge from all causes of acti~~n, claims, ri~~hts t>r demands whatsoever in law or in equity, which either party ever had or no~~~ has a~~ainst the oth~.~ . I? I. The parties agree to elect to have the pro~.~isions of Section 1041 ~ ~#~ tl~e ~ eternal Rever!iie Code apphT to all qualifying transfers of property. The parties understand that S:~ction 1041 applies to all property transferred between spouses or~ former spouses incident icy c~iv~;rce. The parties (,urther understand that the effects for federal income tai purposes of ha,~in~~ Section 104 ] appi~ are that (1) no gain or loss is recognized by the transferor spouse/former spouse as a result of this transfer and (2) the basis of the transferred property in the hands of the transferee spouse/for;l~er spouse is the adjusted basis of the property in the hands of the t~•ansfercrr spouse irnnlediatel~ before the transfer. whether or not the adjusted basis of the transferred property is less than. equal to, or greater than the fair market value of the property at the time o F trans te~~. The parties understand that if the transferee spouse/former spouse disposes of the property ir: a transaction in which pain is recognizr~d, the amount of Qain that is taxable may be larger than it ~~~ould l~iave been if this election had not been made. 13. PRESERVATION OF RECORDS. Each party will keep and pmser~,~e for a period of fi~r~r .'4 nears from the date of their divorce decree all fil~iancial records relatin~~ tc the marital estate. and each pam~ will allow the other pa1-ty access to those records in the event of~tax audits. 14. 1_VI®I'fIF'ICATION. No modification. rescission, or amendment to this. ;~~~~reement shall be effecti~~e unless in writing signed by each of the parties hereto. >. ~SEVERABILIT$'. If any provision of this ggre~ement is held by a court ~~f competent jE_u-isdiction to be void. invalid or unenforceable, the remaining provisions hereof shall nevertheless survive and continue in full force and effect without being impaired ~~r inraiidated in am w~~~ . l f~. ~RE~~CH. If either party hereto breaches any provision hereof the other ~~arty shall lJ hay e the ~•ight_ at his or her election.. to sue for dama~~es for such breach, or seek sru:il ~>*her remedies or relief as may be available to him or her. The non-breaching party sh~~fl bra entitled to rec~~~~~er i~ro n the breaching party al] costs, expenses and legal fees actually incul-red in the enforcement of the rights of the non-breaching party. I ~. ~,~AIVER ®F BREACH. The waiver by onc: parry of any breach of this agreement by the other party will not be deemed a waiver of any other breach or any pz-o~~ision of this Aareeinent. 18. IITOTIC]E. Any notice to be Given under this Agreement by either part-~ r~~ the other shall be in writing and may be effected by registered or certified mail, return receip~: requested. 'ti'otice shall be deemed to have occurred upon the date received by the recipient. Each part~~ may change the address for notice to him or her by giving notice of that change in accordance with the pr<:wisions of this paragraph. 19. APPLICABLE LAW. All acts contemplated by this Agreement shall be construed and erf:arced under the substantive laws of the Commonwe:3lth of Pennsylvania (~~~ithout regard to the conflict of law rules applicable in Pennsylvania) in effect as of the date of executi,~n of this Agreeir~ent. ?0. BATE 67F EXECUTION. The "date of execution" or ``execution daie~~ ~~!~this Agreement shall be defined as the date upon which the parties signed the Agreement it ti~r:y do so on the same date, or if not on the same date, then the date on which the Agreement ~~~as signed by the last pa1-ty to execute this Agreement. ~'I. ~;JFFECTIVE DATE. ['his agreement shall become ;,ffective and bindin~,~~ upon both parries ~ni the execution date. 14 ?`°. ~FF'E~'I` ®F DI's®RCE, ~I'FECT f)~ 12EC®NC[I,IATIQ~>~, ~~~TI2~'I~~%_~I1®F ~'AI2N~I'IES. This Agreement shall. remain in full force and effect and shall not he abrogated even if the parties effect a reconciliation, cohabit as husband and ~~ife or attempt to ~~fteei a reconciliation. This Agreement also shall continue in full force and effect i.n the e~ ent of the partics~ divorce. "There shall be no modification or waiver of any of the terms here.of~ unless the par-tie~~, in writing execute a sl:atement declaring this Agreement or anv term of this -'lgre<:ment to be null and >>~oid. If any terns, condition, clause or provision of this Agreement shat L b" its reasonable interpretation, beintended to survive and extend beyond the termination. of the marriage relationship presently existing between the parties hereto, said term or ter?~~s, ::ondition or co3~ditions, clause or clauses, or provision or provisions, shall be so construed., it bein~~ the express intention of both parties hereto to have this Agreen~ient govern their relationship now and hereafter. i~~•espective of their marital status. ~. HF~I)I'_i~GS NOT PART OF AGREEMENT'. Any headings preceding the text of the se~.~eral paragraphs and subparagraphs hereof are imserted solely for convenience ol~ reference and shall not constitute a part of this Agreement nor shall they affect its meaning. construction or effect. ~.4. ~C~REEIVIENT BINDIl`~1(~ Ql~ PARTIE,S Al'dD HEIRS. This ~"~g~-eement shall bind th~~ parties hereto and their respective heirs, executors, administrators, legal representatives. assigns, and successors in an_y interest ofthe parties. ~5. hNTIRF: AGREEMENT. Each party acknowledges that he or she has carefully read this Agreement. and has executed it voluntarily and has waived the right to consult with an attoz7le~~ despite being advised to do so. This instrument expresses the entire a~~reel?lent ~,etween 15 the parties c~ollceznin~r the subjects it purports to cover and supersedes any° and z11 prior a~~reement~ bet~~~een the panties. Tlus Agreement should be interpreted fairly and simply. and not strictly for or a~~ainst either of the parties. `~~ I~I~TIJA~, C'O~PERA~TION. Each party shall, on demand. execute. and deliver to the other and- deeds, bills of sale. assignments, ccnsenits to change of benepiciar~ desi~~nations, ta~~ returns. and other documents, and shall do or cause to be done every other act or thing that may be necessan ~:~r desirahle to effectuate the provisions and purposes of this A~reem~nt. 1 ~~~~ither party unreasonably tails on demand to comply with these provisions, that party shall pad to the other pai~?} all attorneys fees, costs, and other expenses actualle incurred as a result of such failure. 2?. ~GIZE>rl~'IENT NOT T® BE ]VIEIIGEI). This Agreement shall he iz~~corporated into a decre:_ of divorce for purposes of enforcement only, but otherwise shall not he merged into said decree. The parties shall have the right to enforce this Agreement under the Di~~orce Code of 1980. as amended. and in addition. shall retain any remedies in law or in equity under ?his Agreement as an independent contract. Such ren~edie~s in law or equity are specific;all~~ not ~~ai~,~ed or released. IN !ti'ITNES~> WHEREOF, the parties hereto have s.et their hands and seals f~~ie day and year first written above. `~'IT?~lS~: ~~- -~; ";'~ _.-, s ,-~" Thomas H. Eberlein ~' Y ; )~~ '~ <_k Kelli .1. Eberlein 16 as Tile l C92E~ Fi~lA~ICiAL SERViC~S r{3R TF1E GRi=IaTER 4°at30193 October 5, 2010 ;Vtr. Thomas H. Eberlein 124 N 27`'' Street Camp Hill, PA 170ll Dear iE~Ir. Eberlein: `Vonzell Z. Simn,• vs ]:ndividual Consultwt, QDRO Kelationship Team TIAA-CRF,F Individual &: Institutional Services, LI,C, iVlember FINR.A/SIPC Phone: (877) 535-3410, ext..?2-6 I b:? 1~ax: X00-914-8922 ~'e received the draft Qualified Domestic Relations Order (QDRO) pertaining tci your TIAA-CREF annuities in divorce proceedings. ~Che draft QDRO has been reviewed and is considered acceptable for our annuity splitting procedure. In order to comply with the terms of the Order, we will need an ari~~inal or court certifted copy of the QDRO. Once we receive the QDRO, filed with the court and signed by a judge, we will begin the annuity splitting process. The process generally takes )'our weeks to complete. The final QDRO should be mailed to: TIAA-C-REF Attention: Divorce Unit/Vonzell Z. Simmons 8500 Andrew Carnegie Blvd. Charlotte, NC 28262 TIAA-CREF cannot be held responsible for any transaction executed by the Participant, such as cash withdrawals, transfers, and/or a conversion from a Deferred Annuity contract to an linmediate Annuity contract prior to receipt of a valid ~?DRO. If there nave been account withdrawals or transfers, there may be insufficient funds tc meet the terms of the Order. We will implement the OrdE;r to the extent of the funds remaining in the contract afl:ected. ~'or future inquiries or requests regarding this matter, you may reach me from 8:0O AM to 5:00 PM (ET) at (877) .535 X910, ext. 22-6162. For all other inquiries regarding TIAA- a~'REF products and services, please call our National Contact Center at 800 )342-2?76. ~.Nww Sias-cref.o-g R::00 Andre~,v Carnegie Blvd., Charlotte, ~tC =3262 Our consultants are availahIe 1~londay through Prida~r from 8:00 ~1N1 to I0:0(l pA2 ~~rid `.~aturr~ay~s from 9:00 AM tU 6:00 PM (ET). '~incel•ely, // ~Vonzell Z. Simmons (ndivi{Iual Consultant, QDRO Relationship Team ~;~: ~~I;~~. Kelli J. Eherleir_ w,~copy of QDRO received "rNC vlA`.a i ~. E8>/IsLI/IN_ I'Iair_tiif ~. lu~Li.I J. l~BERL~Ihd. Defendant IN TLIE COURT C?F CQMI~1O?~~~~ E~~ L_~`~_S C'tVI:BERL,:~~NI) CO)L~1T~t. 1aI` r,S~r I_~1AN%A NQ. 09-745 CIVIL ACTION - L.~~W 1?~r DI VC}R(}E ~i1r~I~I~l~D I~®1VI~S'TIC' ~~LA~'~~1~5 ~~ER :4?°~rD `10~/~. this ..3Cs~"'` day of pu ~ ~~~~_20_ '~, . it appears r~; the Court as f~[1o1-, s: 1. The parties hereto were husband and wife, a1-~.d seek this Order in c4>niunctson with a find decru of dissolution of ma~ria~3e dated ~,~ 7,-rn_ in that action per.~ling in this ~L`ourt at the aLove number. ~. Thomas H. Eberlein. Social Security No. 29?-42-9496, hereinafter rc~erred to as "n~u-tcipant~' is emplo~~ed by The Penn State University and 's a participant in the Teachers Insurance and A~muity Association -College Retirement Equities Fund. hereinafi:er "'hIA ~.-CRF,F" and. ?gas the fi~llowin.r aruluities: ~. TIAA RA, GRA No. 8524009-4 8. CREF CREF P+.A, GRA ~To. Q~24009-1 C. TIAA SRA, gSRA No. L0462~4~-3 D. CREF SRA. gSRA No. M046254-1 Thomas Eberlein's cun-ent and last laiown address is 124 N. 27th Street, Camp 1-IiIL r' ~1. ? 7011, and da~.-tiine phone nl_~mber is (717) 4:~3-48 ~0. _. The Alternate Payee is Kelli J. Eberlein, ~~~hose current and last k~iowi~~. -~:iidress is 47b~ I~riarl i~:oad,'~~iechanicsburg, PA 17U~0. The Alternate Pay°ee~s Social Se~.t~rit~ 'v~l;~~her is 19~J `~,-l ~ ~'. l~iis date of birth is ~Jctober 18, 196;, and da~~ime phone number is ~ ~ ~'~ i '?3-?493. =l. To acco~l~modate the marital/community property distribution between tl-,e parties- it is (~RL~I r'-ED.:~IsJLiDIC~,TED acid DECREED as follows: .~4. 'Chat the TIAA-CREF annuities prev~,ously referenced are marital ;property; ~. Upon finalization of this Order and pursuant to the terms ~:~f said annuities. the current vah~es of the Participant's ~Tl_AA-CREF annuity- ae~~un~ulations for the Marital Portion defined below shall be awarded as the ~tiltet-~~ate Payee's sole and exclusive property to be applied to TI4,~~-~~ _E;F annuities subject. to the t~°rms and limitations of said annuities. Marital poirtion to be transferred - ~~alued as of the date the try±nsfe,- is recorded by TIAA-CREF: ~hIAA RA, GRA No. B~24009-~ , X20,000 CREF CREF R_A, GRA No. Q~24U09-1, $55.000 C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the ac:cumu!aiions not transferred in alp annuities issued to the Participant b~ `hIA ~-CREF will belong to the Partici~:~ant. ii. All owr~erslup rights in the ne~.~~ly issued amluities will helong to the Alterna~:e Payee. iii. The ber_eficiarv designation of the Alternate Payee's ann~iities will be his or her estate, unless a beneficiary designation is~ ~i_iLlnitted pursuant to the provisions, of the contracts. and accepted r~~ TIAA-CREF. The Alternate Pavee must rcvie~~, th:° c~;nt.-acts at issuance for accuracy anal inform TIAA-~P,EF of-an~~ chGn~~e of addres. iv. The Altei7late Payee's anmiities will be issued with the sa,~~~e investment allocation as the Participant's applied prey = atu. ~~ he Alternate Payee may change the investment allocation ~~~~~.~~ his aiuiuities are issued in accordance with the contribuiin<~ e~~~ployer's plan. t3. Tcrnu~lation/Peaffirmation of Alternate Payee's status as btre(ici~t~w of record for all annuity cont~-acts or individual life insurance fi~ndc~1 through TIAA-CREF e~n the life of the Participant. ~) Termination -- as of the date of TIAA-GREF's receipt of tl~e. C? DRS, all "hIAA-CREF benefits otherwise pava.ble to the Alternative P<<~.~ee as beneficiary are payable to the estate of the Participant. ['he E'ai-tici~~ant retains the right to change the designation. t~. TIAA Traditional Retirement Annuities (RAs) do not allow sin~~~e-stun withdrawals or transfers to alternate carriers. l~ or other " 1 <~: ~ -L k EF armuities, the P,Iternate Payee's ri~~ht to receive single-sum ~~ithdr~~~~~als and/or ~:ransfer all or a part of the accumulation to an alternate t~arrie~r may be limited in accordance with the ccmtrihutinrr emniwer'~; r~la7i_ ~. F. The parties are directed to submit to ~Clr-~1-CREI= alI doc ~~~l~~:r~t~ and releases (if required by TIAA-C]~E~F~'p to finalize this Orde ~~~i~_hin ~0 days of the request for same. ~;. TIAA-CREF is authorized to execute the Order upon recei~:~t. gi~y successful apps°al will be implemented oniv to the extent of tl;e o~~i!ioils and accumulations available at the time o~ receipt of an amended ~.:^1,~~ (?. :~. This Order: ~. Does not require any plan to provide any type of fon1~ of benrait. car any options not otherwise provided under the plan. and ;'~. Does not require ~hIAA-CI~.F to~ provide increased benefits. ainl C. Does not require the payment of benefits to an Alternate Pav:~e~ ~~~hich are required to be paid to another .Altenlate Payee under v~other (:)~~de~~ previously determined to be a Qualified Domestic Relations t_>rder. ~. If any portion of this Order is rendered invalid, the balance o f tl-~e Ceder will remain fully enforceable. 6. "the Court reserves jurisdiction to issue further Orders as needed tc~ e~,eci.zte this ~~r der. Qv the Coi_2rt: -~~-~-~- 1 F ~ /. / Partici,~ant - --'~ ~ Date ~ - - Thomas H. Eberlein Alternate P ! ~ ee _ ~ ~ Date __--;-gym °;'~= ~" `` -- ,, ~ .. ~' ~~ ~ r= -~r?~1 ILeIh J. Eberle171 in Testimony w«ar:;of, i here !~r~to set my I:~i.d and th~~ s~~ or said~ur[ at Cai'Iisle, °a. Thls,,,~.~a~.~ of ~a ,~,. C _, 20 ~_ _o nota ^, r' / „~ V. r ~"`" r`t's TlAA CREF .. Financial Services (.?ctoher 1(?, ?0l It~1r. I'l~omas fl. IJherlc:in l3~ N. "?3rd Street Cazn~ I-fill, I'~ l~f)l l Tear Evlt•. Eberlein: Va;n~eli :L. Simmrs~s t~DR.C) Relatir~nship Tvlanager, i'ustc~rner 4olution Geoup 'I'IAr#-CItEF Individual & Institution,~I Services, LLC, Member FINR!~ISIPC I'hc>r,e: (877} S? ~-?91(}, ext :'2-~i 3 r;2 We r~;ceived the draft C,~ualified I}omestic Relations (}rder (t~l~R(}j l~eriaining to your 1TCi~A.-C'l~l?h' annuities in divorce proc~;edings. The drai~t will be considered ~-cceptabie ttnec °`M~trital portion to be; transtened, valued as of the date the t~zn4fer is r~: ~~~rtled by "hlA.~'~-(REF:" is removed kxom, the QF)Ft.O in set.tior~ 4(F3"). Please tstake !hcr corr~r~aions }~rit~r to submitting a cet~tified (~31~~fz(_~~ In order t~~ comply with the terms «f the t~rder, we swill need an ixiginal r~r c~~~trt c~;rtitied t,~I:~IZ(}. (}nce we receive the t~~R(~1, [fled with the ct~~art and signed by a judge, we will begin the annuity splitting process. "l~he praces~, g~:nerally takes four we.el:s {rr c~~~nplete. "1'hc. (anal f~hl~(~ should be maiiivd tcr: 'I'I~f1.-CiZI~h r~.ttentioti: L1i~~orce Unit/~lonzell ~'. Si~nm«ns ~~SE}(} Andrew t~,arnegie f3lvci. :'harlott~;, NC~' ?~?h? 1`1~~.~;-('i~Il" caiti~c~t be held re5ponsiblf tier cinv irai,sactic~t~ executed l)}~ I've l~°'~~a~ti~~ipant, s~~ch as cash withdrawals, trnnsfe,rs, andlor a convt;r~~,it~n l~rorn a l}eti;n•e~~ ~~~~nuit~,~ s.~3tatra~ct to an lmn~ediate Annuity Cc~~ntract prior tr~> t•cceipt +~i' a valid ~t[:~Rt:_~ A>r ~;c~urt order. 1 i` Chore have been accop_int withdra~~~~:ils ur tr~~nsfers, there: nay be insrtS~tacient [~s.tnds to me:a the terms ~~fthe t~rdez-. 1Ne will ix7~~la:nlent the: t}rder to the ~;:dtcttt i~t~the li:tnds remaining in the ce~ntract alfecte:Ci. l~s~r 3iaturc incli:-iraes or re:cltte:st~. re;g~a•~ling this n~~ttter. ?iau irta~~ reai;h nee Ird7tP~ ~ 3ti ~1M tc~ ~:t}() p~ tl'I'j at t~^7j X35-~3~ 1(a, cx.w. 2?4~i1(~"?. l~c~r sill ~>thea- ira~uiric;~ rc~Parclint "i~l~~,~i- ('R ~"f' r~resdrtc#~; Banc? Sep h~ia:r:s, o les~5c~ ~rll c7a~r Natti,~n:tl (='~~nt~~~± t~E~ntt~r as ;~41I1 ~,L"'_.,,?'~~; ",vw~ Ei ia-~;r•c,# rir ~ 800 Arrlresv ~._arn~.~~~_ie f31vG3. t h,~rf~~ttr, ~iC;; ?;2~F? Our a:onsultants are available l~icjnday through Friday from ~:O(} ,~iM to ) t):C-tF I'~v1 and Saturdays lroni ~:t?i) ~+M to f~:i~0 l'M ~;F'I"}. Sincerely, ,, r,. ~rl( (ter. `f.:»lIJf!~P.7 ~'onr:ell Z. Simmons t~l_)Rt) Relationship Manager, customer Soluticsn C:iroup Ur~: Nts. l~ulli Jo ~E~er~ein vv/copy ofQI)R.~) received THO!~IAS II. EBERLEIN, Plaintiff ~. KELLf .I. EL~ERLEIN, Defendant IN THE COURT OF COMMON PI_L:AS CUM]3F,RLAND COUNTY, PENNSYLVANIA NO. 09-7458 CIVIL ACTION -LAW IN DIVORCE AMENDED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW. this da~r~ of _. 20__, it appears tt~ the Court as follo«s: (. The parties hereto were husband and wife, and seek this Order in con i unction with a final decree of dissolution of marriage dated November 30. 2010 , in that action pending in this Court at the above number. 2. Thomas H. Eberlein, Social Security No. 292-42-9496. hereinafter referred to as "Participant" is employed by 'The Penn State University and is a participant in the "[~~:~achers Insurance and annuity Association -College Retirement Equities Fund, hereinafter "TIAr~-CREF" and_ has the following annuities: A. CREF CREF RA, GRA No. Q524009-4 B. CREF SRA, gSRA No. M046254-1 Thomas Eberlein's current and last known address is 138 N. 23rd Street, Camp 1-Iil~, PA 1701 I, and daytime phone number is (~70) 573-2493. 3. 'The Alternate .Payee is Kelli J. Kauterman. t%k/a Kelli J. Eberlein. ~~-hose current and Last kno~yn address is 124 N. 27th Street, Camp Hill., PA 1701 1. The Alternate Pa~~ee's Social Security Numbea- is ] 90-~8-1377, his date of birth is October 18, 1963, and daytime phone number is (~7(1) ~ i ;-2493. -1. To accommodate the marital/community property distribution between the parties, it is ORDERED. AAIUDICATED anal DECREED as follows: 4. That the TIAA-CREF annuities previously referenced are marital property; B. Upon finalization of this Order and pursuant to the teirn s oi~said annuities, the current values of the Participant's TIAA-CREF annuity accumulations for the Marital Portion del7ned below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities. This is an amended QDRO. The $19,620.53 awarded from TT~A contract B5240094 as of December 17, 2010, shall be awarded from CI'~Eh certificate Q5240091. The amended amounts transferred shall reflect interim investment experience. C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accu~~~ulations not transferred in all annuities issued to the Participa~lt b~ ~hlaA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities ~~°il I belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alter°nate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of an~~ change of address. iv. 'The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation oni;e his annuities are issued in accordance with the contributing employer's plan. J. Termination/R~,affirmation of Alternate Payee's status as benetciary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. i) Termination -- as ofthe date of TIAA-CREF's receipt of the QDRO, all TIAA-CRF,F benefits otherwise payable to the Alternative P~rvec~ as beneficiary are payable to the estate of the Participant. ~hhe Participant retains the right to change the designation. E. TIAA Traditional Retirement Annuities (RAs) do not allow ~in~~lo-sum withdrawals or transfers to alternate carriers. For other TIA.~~,-C."RED' annuities, the Alternate Payee's right to receive single-sum v~irhdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's }plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-C'REF) to finalize this Order ~~~~thin 30 days of the request for same. G. TI_AA-CREF is authorized to execute the Order upon receipt. Any successful appeal will be implemented only to the extent of the options and accumulations available at the time ur receipt of an amended QDRO. 5. This Order: !~. Does not require any plan to provide any type of form of~ benefit, or any options not otherwise provided under the plan, and B. Does not require TIAA-CREF to provide increased benef~~.ts. and C. Does not require the payment of benefits to an Alternate Pace ti~~hich are required to be paid to another Alternate Payee under another E)a-der previously determined to be a Q~ualil ed Domestic Relations Order. U. If any portion of this Order is rendered invalid. the balance oi~the Order will remain fully enforceable. 6. The Court reserves jurisdiction to issue further Orders as needed to execute this Order, By the Court: J. Participant _ _ _ Date "Thomas H. Eberlein Alternate Payee ___ Date _ _ _ Kelli J. Kauterman f/k/a Kelli J. Eberlein r THOMAS H. EBERLEIN, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.09-7458 KELLI J. EBERLEIN, :CIVIL ACTION -LAW Defendant IN DIVORCE ORDER RULE TO SHOW CAUSE AND NOW, this ~ day of A1l+r~••~ , 2012, upon consideration of the foregoing Petition, it is hereby ordered that: 1. A Rule is issued upon the'Respondent/Plaintiff to show cause why the Petitioner Defendant is not entitled to the relief requested; 2. The Respondent shall file an answer to the Petition within La days from the date of service of this Rule; 3. All proceedings to stay meanwhile. ~~~ ~1x~/t,k N "~"~ N --^i ~'r1 Z c*ti i,1. ro m ~p - p n ~" ' ,C y'. i ~ Z ~ ~~ ~ ~ T~ ~ ~ ~ COP;CS /~~, •%d ~ f ~~i a BY THE COURT: