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HomeMy WebLinkAbout04-4593 o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) ) ) ) ) ) ) NO. 2004- Lf5q~ CIVIL TERM PETER G. GLENN, v. KAREN L. WESTPHAL, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for 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, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PAl 70 I 3 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) ) ) ) ) ) ) NO. 2004- /fSq,,> CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETER G. GLENN, v. KAREN L. WESTPHAL, Defendant COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Peter G. Glenn, by and through his counsel, Howett, Kissinger & Conley, P.C., who states the following in support of the within Complaint: I. Plaintiff is Peter G. Glenn, an adult individual who currently resides at 36 Courtyard Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Karen L. Westphal, an adult individual who currently resides at 103 Stonehedge Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing ofthis Complaint. 4. Plaintiff and Defendant were married on July 20, 1983 in Columbia, South Carolina. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 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. 8. The parties have lived separate and apart since on or about February 22, 2002. COUNT I - DIVORCE PURSUANT TO ~3301(c) or (d) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to ~3301 of the Divorce Code. Date: cr/13/6~ Respectfully submitted, /// ~ ohn owett, Jr., Esquire ~ HOWETT, KISSINGER & CO~Y, . .C. 130 Walnut Street P.O. Box 810 Harrisburg, PAl 7108 Telephone: (717) 234-2616 Counsel for Plaintiff Peter G. Glenn VERIFICATION I, Peter G. Glenn, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 9'~ /3-Df ------ Peter G. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) ) ) ) ) ) ) NO. 2004- 'fJ4j CIVIL TERM CIVIL ACTION - LAW IN DIVORCE J PETER G. GLENN, v. KAREN L. WESTPHAL, Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE L The parties to this action separated in or about February 20, 2002 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expeml"es if.l'do not claim them before a divorce is granted. 1 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. 94904 relating to unsworn falsification to authorities. & , Peter G. G~ Date: -'lj/~/ 61 ~ ~C\ $ ~ - ........ V. -iJ ~ 6'\' () L.I ~ 0 VI ~ 6'\ V \I' I ,...", 2:~; c~) --.-l ,/J :~:j ,'.;'"/ ~ c~. r,,,) Co ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) ) ) ) ) ) ) NO. 2004-4593 CIVIL TERM PETER G. GLENN, v. KAREN L. WESTPHAL, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Lori K. SerratelIi, Esquire, hereby accept service of the Complaint in Divorce and Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code on behalf of Defendant Karen L. Westphal. Date: 9/; Io/tfj , ~ s~ " :\ ~-.D.. . Lori . SatelIi, Esquire SerratelIi, Schiffinan, Brown & Calhoon, P.C. 2080 LingIestown Road, Suite 201 Harrisburg, PA 17110 Telephone: (717) 540-9170 Counsel for Defendant Karen L. Westphal () "-' 0 = ::- C:::I "T1 ...- (/) ~ ~~~ "'1 j':"n r v -':"1 rn "" ;;:J C1 C') 0 I ,""\ -I ,~ -To -:i ~5 ~~~ -'- ..) rn ( ., .." .__1 ,I> .., JJ -;;. C'~ -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER G. GLENN, Plaintiff ) ) ) ) ) ) ) NO. 2004-4593 CIVIL TERM v. KAREN L. WESTPHAL, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under S330I(c) of the Divorce Code was filed on September 14,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry ofa final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE I. 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] 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 ofthe decree will be sent to me immediately after it is filed with the prothonotary . I verity that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: n/eR / (J f / / ('; !',~:> ':';2 'j'; C:J ['-j ,-:' ,'.) ......0 .':"'.>: c...; (.,,'j IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ) ) ) ) ) ) ) NO. 2004-4593 CIVIL TERM PETER G. GLENN, v. KAREN L. WESTPHAL, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT I. A complaint in divorce under 93301(c) of the Divorce Code was filed on September 14, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry ofthe decree. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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] do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verifY that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.eS. 94904 relating to unsworn falsification to authorities. Date: /9-//7 ~/O c/ / / -- ~ .j~~ 7 , ~~/L /. ... . . _----/ Karen L. Westphal, De aant ___.:J i- ~) ,~.? .5.-:' f'-\ " \'-' ...P "".:1 L;? ,.... iJ' 4. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PETER G. GLENN, ) ) ) ) ) ) ) CIVIL ACTION - LAW IN DIVORCE Plaintiff v. NO. 2004-4593 CIVIL TERM KAREN L. WESTPHAL, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: L Ground for divorce: Irretrievable breakdown under S330I(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Lori K. Serratelli, Esquire on September 16, 2004; Acceptance of Service filed on September 20, 2004. 3. Date of execution of the affidavit of consent required by S3301(c) of the Divorce Code: by plaintiff, December 28, 2004; by defendant, December 28, 2004. Related claims pending: No claims pending. 5. Date plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in S3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. <>{"/"'I dk.(~ n C. Howell, Jr., squire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, P A 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Peter G. Glenn ~J, c.:; ~~,~ j',') '-c' _.J, C') c;.... ..-.-.-~<----- ~~++~+++~++++++++++++++ +++++++++++++++++++++ +++++++++++++++ +++++++++++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +", + + + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PETER G. GLENN, Plaintiff VERSUS KAREN L. WESTPHAL, Defendant AND NOW, DECREED THAT AND PENNA. No. 2004-4593 CIVIL TERM DECREE IN DIVORCE D (' L- . 2004 , IT IS ORDERED AND ) i PETER G. GLENN , PL.AI NTI FF, KAREN L. WESTPHAL , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT None. +++++"'+++++++++ ++++ By THE COURT: . . . . . . . . . . . . . . . . . +++;f.+++-+ PROTHONOTARY ++++++++++;f.+;f.++++ +++;f. +~++++;f.++++"'++++++++ + + + +~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. .~~~P' fIr.;z ~.?Y'11 ~tJlL, 5:;1 ,C;..( ,J:;Z?I~ fp ~ ~?/n,' ~/ ,p~ S?J' 5.. I . .' ", PETER G. GLENN, Plaintiff ; IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYL VANIA ; CIVIL ACTION - LAW v. ; NO. 2004-4593 CIVIL TERM KAREN L. WESTPHAL, Defendant ; IN DIVORCE STIPULATION AND NOW, this / J-I-h day of /1.4-1 , 2005, the parties in the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that it may be adopted as a Court Order. S{'~~C~ Witness 'sC--L..-...ol~ e.~ Witness ~~~~tJ Karen L. Westphal . 2 ..., = 5fl = ~..- <-n a3}~~ <- :r c::: n,:::rJ Z. :~;~i :z: :B~ zs. I en ~ .~_~ w ;.$(, gs;;> <.- ~o " .'--d :x 0-- J>t~, =0 c W 5H1 Z ~".l =< 2.0 0 -< PETER G. GLENN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 2004-4593 CIVIL TERM KAREN L. WESTPHAL, Defendant IN DIVORCE STIPULATION AND NOW, this Z6~ dayof QJv ~~ , 2005, the parties In the above-referenced action hereby stipulate and agree that the Order attached hereto encompasses their intent and that it may be adopted as a Court Order. ..,,- ~h=, mA/L?/~. WI ness ) ~ "--- ~j?1J1~r WI ess ~~~ .'""'-" '\ .~) Tl c':, :-0.1 r~ ~l C' . . JA~' l " LUUb iYJ'I fy Lori K. Sen'ateUi, Esquire Pa. Supreme Court lD No. 27426 SerrateUi, Schiffman, Brown and Calhoon, P.c. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania ]7110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Defendant PETER G. GLENN, PIaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 2004-4593 CIVIL TERM KAREN L. WESTPHAL, Defendant/Respondent : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) AND NOW, THIS r~*l day of :\V7\JU 1 . it appears to the Court as follows: I. The parties hereto, formerly husband and wife, seek this Order in conjuncture with a final decree of dissolution of marriage, dated December 29, 2004, in that action pending in this Court at the above number. 2. Peter G. Glenn, Social Security Number: 041-32-5981, hereinafterreferred to as "Participant", who was employed by the University of North Carolina at Chapel Hill and the Washington and Lee University, and is now employed by the Pennsylvania State University, is a participant in the Teachers Insurance and Annuity Association- College Retirement Equities Fund, hereinafter 'TIAA-CREF" and has the following annuities: ."..... \.) 8 S :8 I;') L rr.T SOUl -j ~ , , TIAA Retirement Annuity (RA) Contract No. RA ASS10274 (University of North Carolina at Chapel Hill) (2) TIAA Retirement Annuity (RA) Contracts No. RA ASS I 0274 (Pennsylvania State University) TIAA Retirement Annuity (RA) Contract No. RA ASSl 0274 (Washington and Lee University) Participant, Peter G. Glenn's current and last known mailing address and telephone number are: Address: 36 Courtyard Drive, Carlisle, Pennsylvania 17013 Telephone Number: (717) 691-3911 3. The Alternate Payee is Karen L. Westphal whose current and last known mailing address is 103 Stonehedge Drive, Carlisle, Pennsylvania 17013. The Alternate Payee's Social Security Number is 251-98-5064, date of birth is August 15, 1954, and telephone nwnber is (717) 258-9297. 4. To accommodate the marital distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the two (2) TIAA-CREF annuities previously referenced above as the Pennsylvania State University (RA A55I0274) are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values, as of the valuation date of the Participant's TIAA- CREF annuity that being December 28, 2004, and any accumulations for the Marital Portion defined below shall be awarded as the Alternate , Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: 1. Forty-four (44%) percent of the total value of the two (2) Pennsylvania State University annuities (RA ASSl 0274), as of December 28, 2004, are to be transferred to Alternate Payee, and TIAA-CREF is to calculate and add to the transfer amount any gains and to subtract from the transfer amount any losses experienced by the annuities from December 28, 2004 through the date of transfer 11. These annuities were issued after the date of the parties' marriage, and therefore, any accumulations attributable to premiums remitted from the inception of the contract through December 28, 2004, the date the Marital Property interest ceased, shall be included in the transfer. Ill. Transfer Values: The values actually transferred will reflect interim investment experience until the transfer is recorded by TIAA-CREF. The TIAA Traditional accumulation will increase over time, whereas the TIAA Real Estate and CREF accumulations may increase or decrease, reflecting the performance of the underlying investments. C. Conditions of division of annuity contracts: I. All ownership and interest in the balance of the accumulation not transferred in all annuities issued to the Participant by TIAA- CREF will belong to the Participant. Il. All ownership rights in the newly issued annuities will belong to the Alternate Payee. ilL The beneficiary designation ofthe 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 T1AA- CREF. The Alternate payee must review the contracts at issuance for accuracy and inform T1AA-CREF of any change of address. IV. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation once his or her annuities are issued in accordance with the contributing employer's plan. v. The Alternate Payee shall be responsible for the tax consequences of the distribution under this order. D. Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through T1AA-CREF on the life of the Participant. 1. Termination - as of the date ofTIAA-CREF's receipt of the QDRO, all TIAA-CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the Participant's daughter, Sarah Katherine Glenn. The Participant retains the right to change this designation but only after Sarah Katherine Glenn's twenty-fifth (25th) birthday, i.e., November 4,2013. 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. 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. This Court reserves jurisdiction to issue further orders as needed to execute this Order. BY THE COURT: J. _O~l \ \1 () - PETER G. GLENN, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW KAREN L. WESTPHAL, Defendant : IN DIVORCE : NO. 2004-4593 CIVIL TERM STIPULATION /J-frt day of , 2006, the parties AND NOW, this /J ~/ I . C I action hereby stipulate and agree that the Order attached hereto in the above-referenced encompasses their intent and that it may be adopted as a Court Order. 0:- M-4/~d . tness ~ / -?UI }1f'- ~ss . ~~ - () ,.-- ;::., -r; ,,:;" ,. "" <.:::;j C:~-'.) C;f"'li 2: :~::}".. -< ......, Ul o ..,., =2" n1F :Ht? ~:~j s~.) ~~ zI1 :.,.),n :,.-\ ?D -< -C1 1") ~ -.I ,. . , ~ v REeF q, r~,f) Lori K. Serratelli, Esquire Pa. Supreme Court ID No. 27426 Serratelli, Schiffinan, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Defendant MAY 2 6 t006 BY: ,,/ ..,-_.=,=~ PETER G. GLENN, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. : NO. 2004-4593 CIVIL TERM KAREN L. WESTPHAL, Defendant/Respondent : IN DIVORCE AMENDED QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) AND NOW, THIS 2 Ie l1- day of VV1 J") I L-tJoG , it appears to the Court as follows: 1. The parties hereto, formerly husband and wife, seek this Order in conjuncture with a final decree of dissolution of marriage, dated December 29, 2004, in that action pending in this Court at the above number. 2. Peter G. Glenn, Social Security Number: 041-32-5981, hereinafter referred to as "Participant", who was employed by the University of North Carolina at Chapel Hill and the Washington and Lee University, and is now employed by the Pennsylvania State University, is a participant in the Teachers Insurance and Annuity Association- College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: ri. .~ 1. \f\N\!l\i\~i\\H\jjd l jl'"'''''' ,'~'-'I.("\f"\ '\.J.J\\ ',!,!, ' !~':'-::/~\ hJ ~ ."f ~~t %' , ~ ~ S : \ \ ~~ ot: J,~~i 9cal J,.BV10\\\GH.LC'dd 3H1 :10 38\:HO-"O:fll.:l TIAA Retirement Annuity (RA) Contract No. RA A5510274 (University of North Carolina at Chapel Hill) (2) TIAA Retirement Annuity Contracts No. RA P5510274-1 and V742761-9 (Pennsylvania State University) TIAA Retirement Annuity (RA) Contract No. RA A551 0274 (Washington and Lee University) Participant, Peter G. Glenn's current and last known mailing address and telephone number are: Address: 36 Courtyard Drive, Carlisle, Pennsylvania 17013 Telephone Number: (717) 691-3911 3. The Alternate Payee is Karen L. Westphal whose current and last known mailing address is 103 Stonehedge Drive, Carlisle, Pennsylvania 17013. The Alternate Payee's Social Security Number is 251-98-5064, date of birth is August 15,1954, and telephone number is (717) 258-9297. 4. To accommodate the marital distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the two (2) TIAA-CREF annuities previously referenced above as the Pennsylvania State University (RA P5510274-1 and V74261-9) are marital property: B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values, as of the valuation date of the Participant's TIAA- CREF annuity that being December 28, 2004, and any accumulations for . , the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: 1. Forty-four (44%) percent of the total value of the two (2) Pennsylvania State University annuities (RA P5510274-1 and V74261-9), as of December 28,2004, are to be transferred to Alternate Payee, and TIAA-CREF is to calculate and add to the transfer amount any gains and to subtract from the transfer amount any losses experienced by the annuities from December 28, 2004 through the date of transfer 11. These annuities were issued after the date of the parties' marriage, and therefore, any accumulations attributable to premiums remitted from the inception of the contract through December 28, 2004, the date the Marital Property interest ceased, shall be included in the transfer. 111. Transfer Values: The values actually transferred will reflect interim investment experience until the transfer is recorded by TIAA-CREF. The TIAA Traditional accumulation will increase over time, whereas the TIAA Real Estate and CREF accumulations may increase or decrease, reflecting the performance of the underlying investments. '- C. Conditions of division of annuity contracts: 1. All ownership and interest in the balance of the accumulation not transferred in all annuities issued to the Participant by TIAA- CREF will belong to the Participant. 11. All ownership rights in the newly issued annuities will belong to the Alternate Payee. lll. 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 or her annuities are issued in accordance with the contributing employer's plan. v. The Alternate Payee shall be responsible for the tax consequences of the distribution under this order. D. Termination 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. J c . 1. Termination - as of the date ofTIAA-CREF's receipt of the QDRO, all TIAA-CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the Participant's daughter, Sarah Katherine Glenn. The Participant retains the right to change this designation but only after Sarah Katherine Glenn's twenty-fifth (25th) birthday, Le., November 4,2013. 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. 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. This Court reserves jurisdiction to issue further orders as needed to execute this Order. BY THE COURT: J.