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HomeMy WebLinkAbout04-5349 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 77 4-1445 CHRISTINE A. IYES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-SJ49 c.~u~ '-r~ ROBERT W. IYES, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA YE 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 and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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. IFYOUDO NOT HA YE 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 ASSOCIA nON 2 LIBERTY AVENUE Carlisle, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A. IYES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COU1~TY, PENNSYLVANIA NO. 04, - 5241' C.~u~l '-r~ CIVIL ACTION - LAW IN DIVORCE ROBERT W. IYES, Defendant COMPLAINT IN DIVORC~ 1. Plaintiff is Christine A. Ives, an adult individual residing at 724 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Robert W. rves, an adult individual residing at 207 Walnut Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. Both Plaintiff and Defendant have been bona fid<: residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on September 5, 1998 in Lemoyne, Cumberland County, Pennsylvania. 5. There are two (2) minor children born of this marriage: Dalton N. Ives, born May 14, 2001 and Logan H. rves, born May 16, 2004. 6. The parties separated on September 2, 2004. 7. There have been no prior actions for divorce or annulment between the parties. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counsding. COUNT I - DIVORCE NO FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiff requests entry of a divorce decree in her favor in accordance with 93301 of the Pennsylvania Divorce Code. COUNT II EOUITABLE DISTRIBUTION 12. The averments in paragraphs 1 through 11 of Plaintiff's Complaint are incorporated herein by reference thereto. 2 13. The Plaintiff requests the Court equitably divide, distribute or assign the marital property between the parties in such proportion as the Court dl~ems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Court to equitably divide said property in accordance with Section 40 I (d) of the Pennsylvania Divorce Code. COUNT III SUPPORT. ALIMONY PENDENTE LITE AND ALIMONY 14. The averments in paragraphs I through 13, inclusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 15. Plaintiff requires reasonable support to adequately sustain herself with the standard of living established during the marriage. WHEREFORE, Plaintiff requests an award of Support, Alimony and Alimony Pendente Lite. COUNT IV ATTORNEY'S FEES AND COSTS 16. The averments in paragraphs I through 15, indusive, of Plaintiff's Complaint are incorporated herein by reference thereto. 17. Plaintiff is unable to sustain herself during th,~ course of this litigation and has employed Barbara Sumple-Sullivan, Esquire as counsel, but is unable to pay the necessary and 3 reasonable attorney's fees for said counsel, and the necessary and reasonable costs and expenses. WHEREFORE, Plaintiff requests an award of counsel's fees and expenses. COUNT V CUSTODY 18. The averments in paragraphs 1 through 17 of Pia .in tiff's Complaint are incorporated herein by reference thereto. 19. Plaintiff seeks shared legal and primary physical of the following children: NAME PRESENT RESIDENCE DATE OF BffiTH Dalton N. Ives 724 Bosler Avenue Lemoyne, P A 5/14/2001 Logan H. Ives 724 Bosler Avenue Camp Hill, P A 5/16/2004 20. The children are presently in the custody of Mother who currently resides at 724 Bosler Avenue, Lemoyne, Cumberland County. Pennsylvania. 21. During the past five years the children have resided with the following persons at the following addresses: DATES ADDRESSES NAMES OF PERSONS IN HOUSEHOLD Mother, Father and children 1999 to 9/2/2004 724 Bosler Avenue Lemoyne, P A 9/2/2004 to Present 724 Bosler Avenue Lemoyne, P A Mother and children 4 The parties are presently married but separated. Father physically vacated the martial residence on September 2, 2004. 22. The Mother of the children is Christine A. Ives, c;urrently residing at 724 Bosler Avenue, Lemoyne, Cumberland County. Pennsylvania. 23. The Father of the children is Robert W. Ives, cUITently residing at 207 Walnut Street, Lemoyne, Cumberland County, Pennsylvania. 24. The relationship of the Plaintiff to the children is that of Mother. The Plaintiff currently resides with the following persons: NAME RELATIONSHIP Self Son Son Christine A. Ives Dalton N. Ives Logan H. Ives 25. The relationship of the Defendant to the children is that of Father. The Defendant currently resides with the following person: NAME Richard Ives Judith A. Ives Rl~LA TIONSHIP Defendant's Father Defendant's Mother 5 26. Plaintiff has not participated as a party of a witne:ss, or in another capacity, in other litigation concerning the custody of the children in this or anothl~r court. 27. Plaintiff has no information of a custody proceeding concerning the children pending in any court in this Commonwealth. 28. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 29. The best interest and permanent welfare of the children will be served by granting the relief requested because Mother has functioned as the primary custodian of these young children and is better able to provide a stable and loving environment for them. 30. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been naml~d as parties to this action. WHEREFORE, the Plaintiff requests the Court to grant shared legal and primary physical custody of the children to the Plaintiff. WHEREFORE, Plaintiff, Christine A Ives, prays this Honorable Court to enter judgment: A Awarding Plaintiff a decree in divorce; B. Equitably distributing the marital property; 6 Dated: C. Awarding Plaintiff support, alimony and alimony pendente lite; D . Awarding Plaintiff counsel fees, costs and expenses; E. Awarding Plaintiff shared legal and primary physical custody of the parties two (2) Awudl"" oth~ ,,,",r,, "" Cowt d_, io" M2"'1' /(} -/l,,{!f jz Barbara Sumple-Sullivan, Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 minor children; and F. 7 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE AlVES, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0 '1- 531f'1 ROBERT W. lVES, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT REGARDING COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subj(:ct to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated: )0 (5 -O~ ~j\.-e. Q ,~ CHRISTINE A. IVES Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A IYES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ROBERT W. IYES, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Christine A Ives, hereby certifY that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of] 8 Pa. C. S.A Section 4904 relating to unsworn falsification to authorities. ~~o.~ CHRISTINE A. lVES Dated: /0.(5-0'-( pP #i. ~j ~ ....J f- - ~ tj- ~ -..,. ..tQ. tv _ ,... ~6' ~ o () ~ . i, D D ~ () D () v , t ' ~p~ ~t~ -.....:.... r-... ~ ~~ s;-.~ oJ<..- ::;1 :.:1 ~..~ ~~! N "\:; L) i"' _~ , '. ~- ~ CHRISTINE A. IYES PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-5349 CIVIL ACTION LAW ROBERT W. IYES DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 26, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Melissa P. Greevy, Esq. at 301 Market Street, Lemoyne. P A 17043 on Thursday., December 02, 2004 , the conciliator, at 9:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existinl: Protection from Abuse orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearinl!:. FOR THE COURT, By: Isl Melissa P. GreevJ'. ESQ. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990, For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, pleas(, 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, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IFYOUDONOT HAVE AN ATTORNEY 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 Assodation 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~-.~?- ~ ~ _~(J'{/'.(}I . /fp t ~ ~ .-jr?-cr.: 17/ ~.~ e.~ ~ ~ -N A(/-,(CCr7/ S" .(' '[j L'? I '-'J "j"L.Q7 :::J 'v ;:C;: v J.'~" " ... r....i'" "'.Hl.' ~O AoV1U,-..UnlUuo -'I -' 3Ji:l::iCXl3lI~ , Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A. IYES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 04-5349 ROBERT W. IYES, Defendant : CIVIL ACTION - LAW : CUSTODY STIPULATION REGARDING CUSTODY THIS AGREEMENT is made this k/iy of ~/::iJ1.2004, by and between Christine A. Ives, (hereinafter referred to as "Mother") an adult individual residing a 724 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, and Robert W. Ives, (hereinafter referred to as "Father") an adult individual residing at 207 Walnut Street, Lemoyne, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, Mother and Father are the natural parents of two (2) minor children, Dalton N. Ives, born May 14,2001 and Logan H. Ives, born May 16,2004; WHEREAS, since the parties' separation on September 2, 2004 when Father relocated from the marital home, Mother has primary physical custody of the parties' children; 1 , WHEREAS, Mother filed this custody action on October 22, 2004 and a Custody Conciliation is scheduled between the parties in this action before Melissa P. Greevy, Custody Conciliator) on December 2,2004 at 9:30 a.m.; WHEREAS) the parties desire to reach an amicable resolution by agreeing to a plan for custody) have reached a full agreement on the terms of the parenting plan and desire to incorporate same into a court order. NOW THEREFORE) the parties intending to be legally bound, do agree as follows: A. Lee:al Custody: The parties shall share legal custody of the minor children. The parties agree that major decisions concerning the children's health, welfare) education) religious training and upbringing shall be made by the parents jointly) after discussion and consultation with each other, with a view towards obtaining and following a harmonious policy to arrive at a decision that is in the children's best interest. Each party agrees to keep the other informed of the progress of the children's education and social adjustments. Each party agrees not to impair the other parties' right to share legal custody of the children. Further, each party agrees to give support to one another in the role as parents and to take into account the consensus of the other parent for the physical and emotional well being of the children. The parties agree not to either attempt or alienate the affections of the children for the other parent. Each party shall notify the other of any activity that could reasonably be expected to be of significant concern to the other. The parties agree that the children will be encouraged to contact the other parent by telephone and e- mail at all reasonable times. B. Physical Custody: 1. Mother shall enjoy primary physical custody of the parties' minor children; and 2 2. Father shall enjoy periods of partial physical custody, as the parties shall agree to. These periods shall correspond to Father's days off from work. Father agrees to contact Mother each week to advise her in advance those days when he is off and the time periods for which he contemplates having the children. Father agrees to give Mother as much advance notice of his days off as possible. C. Holidavs: The parties shall alternate all major holidays of New Year's Day, Memorial Day, Fourth of July, and Labor Day. In the event Father is not able to exercise his period of custody on a holiday due to work conflicts, he shall be entitled to some other time period for custody. The parties shall also share the holidays of Easter, Thanksgiving, and Christmas Day at times mutually agreeable to them and to accommodate Father's work schedule. D. Vacation: The parties shall each have the opportunity to have a reasonable period of vacation each year with the children. The parties shall be required to inform the other parent of their vacation plans with the children within a reasonable time before the commencement of the vacation. E. Prohibited Substances: During period of custody, the parties shall not possess or use any controlled substance. They shall not or consume alcoholic beverages to the point of intoxication, or drive with the children after drinking. The parties shall assure, to the extent possible, that other household members and guests comply with this prohibition. F. Mandatorv Car Seat Use: Each parent shall be obligated to ensure that the children are appropriately restrained in car seats at all times which they are passengers in vehicles. G. Transportation: Father will pick up and return the children to Mother's residence unless the parties shall agree otherwise. 3 . IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a Court Order with the same force and effect as if a full hearing on this matter has been held. The conciliation scheduled in this matter for December 2, 2004 shall be cancelled. SIGNED, SEA~ IN THE P1lESE ivan, Esquire (lh:vdLi~ ClI. JL~ Christine A. Ives R~.~~ r- 4 (') f".,' ('" (7:) C") C,'.) .' .J,;.- ..\ \ "r )' ~:::l ,~ t.;"j T --."' C) nl "I 1 Cr, , I ( ) -'-"~ , - '" , 1 '. ,. .. ) .,. I I , . (.,.J .' ... I '. r- .... . Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE A. lVES, Plaintiff v. ROBERT W. IVES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-5349 CIVIL ACTION - LAW IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE I, Diane Sommers Baker, Esquire, hereby accepts service and acknowledges receipt of the above- captioned Divorce/Custody Complaint on behalf of my client, Robert W. Ives, having received said Sf- J / Complaint on the -L- day of No JtM~e ,2004. I hereby indicate I am authorized by my client to accept service on his behalf 611le Sommers Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 Te1I~phone No. (717) 671-9600 Supreme Court I.D. No. o C. -,v "f ~. ".ocr.' fn\!; =?t ~i~ ~~~ ~ ~7 ,...., ~ :2 ~ ~...,.-\ f1'F -0 rT6' :0 a :::l'ri :1. .on 0(") :~r'n 8 -:>-.,. ~ - C3 ..c: N \.0 ~ - C5 ., N .....J JAN 1 3 2005p'" CHRISTINE AlVES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5349 CIVIL TERM v. CIVIL ACTION - LAW ROBERT W. IVES, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 4th day of January, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE COURT: Bt:At:ili'-06~ Melissa Peel Greevy, Esquire Custody Conciliator :241767 t:~ : 1 Hd:l! N\}r SDQ2 JAN 1 3 2005?\, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-5349 CIVIL TERM CHRISTINE A. IVES, v. CIVIL ACTION - LAW ROBERT W. IVES, IN CUSTODY Defendant ORDER TO RELINQUISH JURISDICTION AND NOW, this 4th day of January, 2005, the parties having reached an agreement which has been memorialized in a Stipulation and filed with this Court, the Conciliator hereby relinquishes jurisdiction of the above captioned matter. FOR THE COURT: BtAt~6~ Melissa Peel Greevy, Esquire Custody Conciliator :241767 \. L6 : \ : \ ~\'v'" L'~7<1 ,\ \ \\" ~ ,/...1;'''' j\ A~:'-':( >:-:/:J\\i- ~ ---- -- . . - '. Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A IYES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO: 04-5349 ROBERT W. IYES, Defendant CIVIL ACTION - LAW STlPUl.A TlON THIS AGREEMENT is made this ,:) day of ;?;ICLj" , 2005, by and between Christine A Ives, (hereinafter referred to as "Wife") an adult individual residing a 724 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania, and Robert W. rves, (hereinafter ! referred to as "Husband") an adult individual residing at 207 Walnut Street, Lemoyne, Cumberland County, Pennsylvania. WITNESSETH WHEREAS, Wife and Husband were married on September 5, 1998 in Cumberland County, Pennsylvania; WHEREAS, the parties separated on September 2, 2004 when Husband relocated from the marital home; WHEREAS, Wife filed an action in divorce on October 22, 2004 which is pending; 1 . WHEREAS, Husband was a Federal and Commonwealth employee during the parties' marriage and is the owner and beneficiary of certain Federal and State retirement benefits and accounts; WHEREAS, Husband has retired from his employment with the Commonwealth of Pennsylvania, effective March 27,2005, without advance knowledge of Wife; i WHEREAS, in order to avoid the need of filing of a Special Relief Petition to avoid Husband's receipt and potential dissipation of these assets, the parties have reached an agreement which they request be entered as an order of court; NOW THEREFORE, the parties intending to be legally bound, do agree as follows: 1. FEDERAL EMPLOYEE BENEFITS: a. FERS: Husband is a participant in the Federal Employees' Retirement System Thrift Savings Plan. He separated from the service on or about April 25, 2000. His Plan has a current value in excess of $30,000.00. Husband agrees that he shall not withdraw any funds from this Thrift Savings Pla..'1 until further agreement ofL;.e patties or order of court. If any withdrawal has been received by Husband since separation and prior to the date of this Stipulation, Husband shall immediately tender said sums and they shall be held in escrow by counsel for the parties. 2. STATE EMPLOYEE BENEFITS: a. SERS: Husband is a participant in the State Employees' Retirement System Account. Without knowledge of Wife, Husband has terminated his retirement and elected a full Option 4 withdrawal of accumulated deductions. SERS has advised the parties that this 2 ... . ., . election is irrevocable. The parties will agree that future division of the benefits shall be dealt with by an approved Domestic Relations Order, if necessary. Further, Husband hereby agrees that the lump sum payment of contributions requested by Husband shall be held by SERS until further order of court or agreement of the parties. In the event that SERS has already processed said payment and remitted same to Husband, Husband shall immediately transfer said monies to counsel to be escrowed. b. Commonwealth Deferred Compensation Prol!ram: Husband is a participant in the Commonwealth Deferred Compensation Program Account with a current accOlmt balance in excess of $4,000.00. Husband shall not withdraw any funds from this Account. In the event that Husband has made the election to withdraw and this request has been processed, Husband shall tender these sums to be held in escrow by counsel for the parties pending further order of court or agreement. IN WITNESS WHEREOF, the parties hereto acknowledge that they are entering in to this Agreement with the full knowledge that this Agreement shall be entered as a Court Order with the same force and effect as if a full hearing on this matter has been held. SIGNED, SEALED AND DELIVERED IN THE ENCE OF: / /' rNE /. (i Barbara S~c=~ullivan, Esquire ! '/J' 1//'- ..)')~ ;i / . //c , (\<' . ". Diane Sommers Baker, Esquire Ch~Q.~ Christine A. Ives 3 () ...., ~~ ~~ o -n :~ r:1 ;c,~ -< I C'"'\ :!:1l;> c Ul t.n ~ ~ . . ) $' RECEIVED MAY 092005 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A IYES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND, PENNSYLVANIA v. : NO: 04-5349 ROBERT W. IYES, Defendant : CIVIL ACTION - LAW ORDER ADOPTING STIPULATION OF PARTIES AND NOW, to wit, this ~ day of ~ ,2005, upon consideration of " the foregoing Stipulation and on motion of Barbara Sumple-Sullivan, Esquire, counsel for Plaintiff, Christine A. ryeS, and Diane Sommers Baker, Esquire, counsel for Defendant, Robert W. ryeS, it is hereby ordered, adjudged and decreed that the tenns, conditions and provisions of the foregoing Stipulation dated May 3,2005 are adopted as an Order of Court. BY THE COUl;1 .., ., I:. J. \ \ 00. <; 'I Q'.>' 1', ';,3 LU.vv rn v ... (-" 'h/'" Dlane S. Baker, Esquire LD. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 CHRISTINE AlVES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 04-5349 Defendant : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY ROBERT W. IVES, PRAECIPE TO WITHDRAW APPEARANCE Please withdraw the appearance of Diane S. Baker, Esquire, on behalf of the Mood", Robert w. I,~, '0 <h, ,bo" mP:~'d m",m. j' ~- \,~. Baker, Esquire 27 South Arlene Street P.O. Box 6443 Harrisburg, PAl 7112 (717) 671-9600 DATED: I zlS; {) ~/' ID# 53200 PRAECIPE FOR ENTRY OF APPEARANCE PLEASE enter of the appearance of Robert W. Ives, pro ~, in the above- captioned action. By ./ ,~/~. tt/~~~ Robert W. Ives, fiQ 8678 Deer Chase Road Huber Heights, OH 45424 DATED !'l(r/D r ------ -- r.~..:; - I}l TIrE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE A. IVES, Plaintiff Plaintiff vs. RORERT W _ IVES. Defendant NO. 2004 - 5349 19 a master with respect to the (X) Divorce ( .) Annulment ( X) AliJnorry ( X) Alilnony Pendente MOTION FOR APPOINTI1ENT OF M..-I.STER (Plaintiff) ~~, !ollown-ng claims: moves the court to appoint Christine A. Ives Lite ( X) ( X) ( X) ( X) Distribution o! Property Su,?port Counsel Fees Costs and Expenses and in support o! the motion states: (1) Discovery is complete as to the clailns(s) for which the appointment of a master is requested. (2) The defendant (has) ~KNXX appeared in the ~ (3) The staturory ground(s) for divorce (is) action (personally) ~ (JID) 3301 (e) (4) Delete the inapplicable paragraph(s): (a) (b) ~ (c) The action is contested with respect to the !ollowing claims: F'1l];t;,hlp. Distrihution. SUDDOrt. Alimonv. Alimonv Pendente Lite. Counsel Fees, Costs (5) The action ~ (does not involve) complex issues of law and Expenses ~ (~ (days). Date: J - /,1- 2006 ;J1otion: or fact:. (6) (7) The hearing is expected to take Additional information, if any. AND NOW is appointed master with A ORDER APPOINTING M..-I.STER Barbara ,19 , respect ~he following claims: (Plaintiff) Sump~, Esquire Esquire, By the Court: J --. L- -r: -',"\ ':-1 c.) "';:J :-< I::1 THE COURT OF COMMON PLE.\S OF C1JMBERLAND COUNTY. P ,SYLVANIA d-- CHRISTINE A. lVES, Plaintiff 16N 171'006 Plaintiff C( vs. ROBERT W _ lVES. Defendant NO. 2004 - 5349 19 a master with respect to the (X) Divorce ( .) ,lnnulment ( X) AliJIlony ( X) AliJIlony Pendente MOTION FOR APPOTIlTMENT OF MASTER (Plaintiff) ~. following claims: moves the court to a~point Christine A. Ives Lite ( X) ( X) ( X) ( X) Distributio Support Counsel Fees Costs and ;;' or Property enses and in support or the motion states: (1) Discovery is comp.lete as to the claims(s) for hich the appointment or a master is requested. (2) The defendant (has) ~ appeared in the ction (personally) ~ (3) The staturory ground(s) for divorce (is) (~) 3301 c (4) Delete the inapplicable paragraph(s): (a) (b) ~~ claims : (c) The action is contested with respect :0 t e following Alimon Alirnon Pendente Li e Counsel Fees, Costs (5) The action ~ (does not involve) campI x issues of law and Expenses . (~ (days). , Esquire or ract. (6) The hearing is expected to take (7) Additional information., .~ any. 1.. Date: J - 1:1- 2006 A ORDER APPOINTING ~t~ AND NOW~lUl.~F\ .JI.I~, is apPOinted~ster ~11 respect to the following Esquire, By J L- ~, C') ~"',J ~ "-I '::) .',f --5 P~1l Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE AlVES. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5349 ROBERT W. IVES, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 22,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. 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. 5. I verifY that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. DATE: 31.1w bl ~ , 2006 r~.a.~ CHRISTINE A. IVES -.< cc "" ,::::=> ~:~: ,.,} ~;h ::;! ill ,-,.J CJ ~'..1 ::::;;,..,. BarlJara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 CHRISTINE AlVES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 04-5349 ROBERT W. lVES, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330I(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. DATE: J 1M1.P b< &> . 2006 ~Q.~ CHRISTINE A. IVES ('2 r-:') ~ ,,;::r- ~\ :f,-n ft1C. ~r-' \ 1.' (,,) o ?:-~;:: \.p - C::., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE A. IVES, Plaintiff No. 04-5349 In Divorce v. Civil Action - Law ROBERT W. IVES, Defendant AFFIDAVIT OF CONSENT STATE OF OHIf A ~ SS. COUNTY OF -f4O-~ ) 1. A Complaint in divorce under Section 330l(c) of the Divorce Code was filed on October 22, 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 of Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. ,2006 .~ F:\User Folder\Finn Does\Gcndocs2006\3907-laff.consent.wpd g ~ ~~. ~S;. 21:') ~ ~Q "_(,..J Y'C ~ :::k"\ '(1&10\.\ .3..DWu); 0'110 10 diIll!Cl 9'.. ,. ,,"IS' ;S \ ~;.1. 't,-q'!,':" ~ Q" ~ G"'> I \D ~ ~ ii ~ %~ "" ~ ~ ~ &:" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE A. NES, Plaintiff No. 04-5349 In Divorce v. Civil Action - Law ROBERT W. NES, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330HC) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses.ifI 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 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: 1/2-[ Oll iMdw Robert W. Ives J j / ...~ -.- F:\UICT Folder\Finn Docs\Gcndoa2006\3907-1 waiver,notice. wpd *-- ..;! ~ c::::i! 9 ~ ~~ li ~ ~m ~1'6 . :S1) ~~. -'0 ~~~. ::<,.". ..., t<' ,.:;c. ':$0 ><::'0 ;;;.I %'2 t';'? ~ y~ ~ CHRISTINE A. IVES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 5349 CIVIL ROBERT W. IVES, Defendant IN DIVORCE ORDER OF COURT AND NOW, this i B .fA day of ~, / entered into an agreement 2006, the parties and counsel having and stipulation resolving the economic issues on September 12, 2006, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, ~:-Z~*' cc: ~rbara Sumple-Sullivan Attorney for Plaintiff ~an M. Shultz Attorney for Defendant ~ I ~. ,', I: n ,'\ " ! 1 (;1 t,l ,- ,,'.. o' Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A. IVES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5349 ROBERT W. IVES, Defendant : CIVIL ACTION - LA W : IN DIVORCE MOTION FOR ENFORCEMENT 1. Petitioner is Christine A. Ives, an adult individual residing at 923 16th Street, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Respondent is Robert W. Ives, an adult individual with the last known address of 8678 Deer Chase Road, Huber Heights, Ohio 45424. Respondent's current whereabouts are unknown. 3. The parties were married September 5, 1998 and separated September 3, 2004. 4. On September 12, 2006, Petitioner and Respondent reached an Agreement at the Master's Hearing in which its terms resolved all issues surrounding the parties' divorce. A copy of said Agreement is attached hereto as Exhibit "A" and incorporated herein by reference. Respondent is in breach of the terms of this Agreement. A. Failure to execute Stipulation for Qualified Domestic Relations Order regarding Commonwealth of Pennsylvania Deferred Compensation account. 5. Paragraph 4 (page 4) of the Agreement addressed the disposition of Respondent's Commonwealth of Pennsylvania Deferred Compensation account. It provides, inter alia: Husband also had a deferred comp through the Commonwealth of Pennsylvania which had an approximate balance of $5,580.00 as of December 31,2005. Husband agrees to execute all paperwork necessary to transfer that deferred comp benefit to the sole ownership of wife. 6. In order to effectuate the transfer a Qualified Domestic Relations Order is required. 7. A draft Stipulation for Qualified Domestic Relations Order was forwarded to Respondent's attorney and the plan administrator, Great-West QDRO Department, on or about September 21, 2006, for review and pre-approval. 8. The Stipulation for Qualified Domestic Relations Order was pre-approved by the Great-West QDRO Department on or about October 6,2006. A true and correct copy of the pre-approved Stipulation for Qualified Domestic Relations Order is attached hereto as Exhibit "B." 9. Execution copies of the Stipulation for Qualified Domestic Relations Order were forwarded to Respondent's attorney on or about October 11, 2006. 10. No response was received from Respondent's attorney. On October 23,2006, November 2,2006 and November 14, 2006 letters were forwarded to Respondent's attorney requesting he advise of the status of his client's signature of the Orders. 11. Additionally, Petitioner's attorney has attempted to contact Respondent's attorney by phone on numerous occasions to no avail. 12. To date, Respondent has not returned the executed Stipulation for Qualified Domestic Relations Order to Petitioner's counsel. 13. While the parties contemplated immediate divorce and/or entry of the decree prior to December 31, 2006, this cannot occur since it will jeopardize the surviving spouse status for Petitioner. B. Failure to execute and provide paperwork necessary to effectuate rollover to Wife from FERS Thrift Savings Plan. 14. Additionally, Paragraph 6 (page4) of the Agreement addresses the disposition 3 of Respondent's Federal Employees' Retirement Service Thrift Savings Plan. This paragraph provides, inter alia: Husband had also acquired certain funds in a Thrift Savings Plan through the federal government. Husband has represented that the balance in that FERS Thrift Savings Plan is approximately $33,755.00. Husband does hereby assign 100% of the benefit that exists in his Thrift Savings Plan to wife and agrees to execute all documentation necessary to make that transfer to wife. That transfer shall be in the form of a qualified roll-over so as to avoid any tax liability to husband and/or penalties to wife. 15. Respondent's attorney was in direct contact with the plan administrator of the FERS Thrift Savings Plan prior to the parties' Agreement and the parties agreed that Respondent's counsel would provide the necessary documentation for the transfer. 16. On October 23,2006, November 2, 2006 and November 14,2006 Petitioner's counsel forwarded letters requesting the status of the FERS Thrift Savings Plan documentation. 17. Additionally, Petitioner's attorney has attempted to contact Respondent's attorney by phone on numerous occasions to no avail. 18. Respondent's attorney has failed to provide the necessary documentation to 4 effectuate the transfer to Petitioner. 19. Plaintiffs Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree were filed on June 30, 2006 and Defendant's were filed on August 9, 2006. 20. Petitioner is requesting the Qualified Domestic Relations Order attached hereto as Exhibit "B" be executed by Respondent or entered as an Order of Court based on the terms set forth in the parties' Agreement. 21. Petitioner is requesting Respondent be required to execute and provide to Petitioner's counsel within five (5) days of an Order the required documents to transfer the FERS Thrift Savings Plan to Petitioner. C. Claim for Additional Counsel Fees incurred by Petitioner 22. Petitioner has incurred attorney's fees and costs in attempting to secure Respondent's compliance with the Agreement. 23 . Award of counsel fees and costs will be in accordance with Section 3 502( e) of the Divorce Code of 1980. 5 24. As a result of Respondent's failure to execute the necessary documents to conclude the terms of the Agreement, Petitioner has incurred additional counsel fees and costs. Petitioner requests an award of counsel fees against the Respondent in the amount of One Thousand Dollars ($1,000.00). WHEREFORE, Petitioner requests this Honorable Court: (1) Require Respondent to execute the Stipulation for Qualified Domestic Relations Order attached hereto as Exhibit "B" within five (5) days of an Order or enter same as an Order of Court; (2) Require Respondent to execute and provide all necessary documentation for the transfer of the FERS Thrift Savings Plan to Petitioner's counsel within five (5) days of an Order or instruct FERS to transfer the sum to Petitioner in accordance with the Agreement; (3) Order Respondent to reimburse Petitioner counsel fees in the amount of One Thousand Dollars ($1,000.00) within ten (10) days of the date ofan Order; and (4) Any other relief the court deems equitable. Dated: December Jr2006 Respectfull // /' Barbara umple-Sullivan, Esquire Attorney for Petitioner 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court LD. No. 32317 6 - Exhibit A CHRISTINE A. IVES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANP COUNTY, PENNSYLVANIA vs. NO. 04 - 5349 CIVIL ROBERT W. IVES, Defendant IN DIVORCE THE MASTER: Today is Tuesday, September 12, 2006. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Christine A. Ives, and her counsel Barbara Sumple-Sullivan, and the Defendant, Robert W. Ives, and his counsel Sean M. Shultz. A complaint in divorce was filed on October 22, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree which are in the file and which were previously signed and filed by the parties. Wife's affidavit and waiver were signed on June 26, 2006, and filed on June 30, 2006; husband's affidavit and waiver were signed on August 2, 2006 and filed August 9, 2006. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The Master has been advised that after 1 negotiations this morning counsel and the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors. The parties and counsel are going to return later today to review the transcription of the agreement and will make any typographical corrections as required. It is specifically understood, however, that they will not be permitted to make any substantive changes to the agreement and that they are bound by the terms of the agreement when they leave the hearing room today even though there is no subsequent signing of the agreement. The signatures of the parties on the agreement when they return are for the purpose of them affirming the terms of the settlement as stated on the record. Upon .receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on September 5, 1998, and separated September 3, 2004. They are the natural 2 parents of two minor children who are residiL Plaintiff wife. Ms. Sumple-Sullivan. MS. SUMPLE-SULLIVAN: 1. The parties had a marital home which had been sold ~ the proceeds of that home together with the value in . Mernber's 1st accounts and a Travelers home insurance refund have been placed in the escrow account at my office. The approximate balance of that account is $8,548.38. The parties have agreed that that cash shall be payable to wife and husband relinquishes any claims to those assets. 2. The second assets are the vehicles. The 1997 Ford F-150 truck shall become the sole and separate property of husband. That truck was encumbered at the time of separation and husband has satisfied that encumbrance. The 1999 Ford Explorer shall be the sole and separate property of wife. That vehicle was encumbered at the time of separation and wife agrees to indemnify and hold husband harmless against the liability due and owing to the Citizen's Bank. Each party agrees to cooperate in signing the titles to the respective vehicles and they also mutually waive any and all claims and ownership to the vehicles taken by the other spouse. 3. At the time of separation, there were accounts at Member's 1st. Wife shall retain the proceeds of the accounts 405406.11 and 405406.00. That property shall be sole and separate property of wife. Husband shall retain all of the assets in Member's 1st account 243035 and that property shall be his separate account. 4. During the marriage husband had accrued certain benefits through the Commonwealth of Pennsylvania in the State Employees' Retirement System. That account had been frozen as part of this litigation and the lump sum amount is approximately $10,300.00. Said amount shall be released to wife and shall become wife's sole and separate property. Additionally, husband had chosen a retirement benefit under Option 4 of the retirement code which was paying $142.22. Husband agrees to provide a Domestic Relations Order which will transfer 100% of that benefit for the remainder of that option to wife. 3 Husband also had a deferred comp through the Commonwealth of Pennsylvania which had an approximate balance of $5,580.00 as of December 31, 2005. Husband agrees to execute all paperwork necessary to transfer that deferred comp benefit to the sole ownership of wife., In summary all of the pension and retirement benefits available through the Commonwealth of Pennsylvania shall be fully assigned to wife and husband does hereby release and waive any claims thereto. The parties also agree that the monthly payment due pursuant to the SERS pension which is assigned to wife or the $142.22 per month shall not be includable in the calculation of child support as income to wife. 5. During the marriage husband had also accrued certain benefits through the Federal Employees' Retirement Service. Husband had accumulated an annuity which included both pre and marital service. Wife hereby waives any claims to husband's FERS annuity and that annuity shall be the sole and separate property of husband. 6. Husband had also acquired certain funds in a Thrift Savings Plan through the federal government. Husband has represented that the balance in that FERS Thrift Savings Plan is approximately $33,755.00. Husband does hereby assign 100% of the benefit that exists in his Thrift Savings Plan to wife and agrees to execute all documentation necessary to make that transfer to wife. That transfer ( shall be in the form of a qualified roll-over so as to avoid any tax liability to husband and/or penalties to wife. 7. During the marriage husband had also acquired certain benefits through the Pennsylvania Army National Guard. Wife does hereby waive and release any and all claims to husband's Army National Guard pension and that shall be husband's sole and separate property. Husband further warrants that he has no thrift savings plan through the Army National Guard benefit. 8. During the course of the marriage there has been an increase in a premarital retirement account that wife had with American Funds. Husband does hereby release the increase in value in wife's premarital account and said increase shall be the sole and separate property of wife. 9. Wife additionally had a life insurance policy with Mass Mutual which was premarital in nature. That account and 4 policy has also increased over the life of the marriage and husband does hereby release any claim to that increase in value of that life irtsurance policy. 10. Also during the marriage it is believed that husband had secured an award from the Pennsylvania Corrections Associations which has not yet been payable. Wife does hereby assign all of the interest in that award if and when it becomes paid to husband and waives any and all claims in that award to husband. 11. The parties agree that wife shall execute a letter to Domestic Relations indicating that as of September 11, 2006, all arrearages that are showing on that account shall be satisfied in full. 12. Husband further agrees that he shall pay to wife the sum of $465.88 per month as alimony. Said alimony shall be for the specific term of two (2) years and shall be non-modifiable in duration or amount. It is agreed by the parties that the $465.88 shall not be includable in the calculation of child support as income for wife or deducted from income from husband; however, said sum shall be included in the income for wife for the federal tax purposes and deductible by husband. The alimony that is set forth herein shall~erminate in the event of either parties' death, wife's cohabitation or wife's remarriage. The alimony will continue to be paid through the Domestic Relations Office. 13. Husband's agrees to carry a life insurance policy for the benefit of his children. The policy that will be required to be carried is the Guard Service Member Life Insurance policy and that policy shall stay in effect until the youngest child reaches the age of 18. The coverage shall be $250,000.00 14. In regards to wife's claim for counsel fees, wife does hereby waive that claim for counsel fees. 15. In regards to tangible personal property, the parties agree that whatever personal assets are in their present custody and control shall be their sole and separate property and the other respective spouse waives any claims to the property in the present custody and control of the other spouse. 5 16. In regards to liabilities, the parties had certain debts at the time of separation which included a Texaco and an MBNA American credit. Wife confirms that she has paid those debts and'agrees to indemnify and hold husband harmless for those obligations. 17. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this .mutual waiver and relinquishment of all such interest, rights, and claims. MS. SUMPLE-SULLIVAN: Christine, you've been in the hearing room this morning as I read into the record the terms of the agreement that have been reached between you and Robert? MS. IVES: Yes. MS. SUMPLE-SULLIVAN: Did you understand the terms which were read into the record? MS. IVES: Yes, I did. MS. SUMPLE-SULLIVAN: Are you entering into that agreement voluntarily and freely? MS. IVES: Yes. MS. SUMPLE-SULLIVAN: And does the terms of the agreement as stated herein comport with what your understanding of the settlement would be? 6 MS. IVES: Yes. MR. SHULTZ: Robert, you've been sitting in the hearing room while the terms of agreement have been recited by attorney Sumple-Sullivan? MR. rYES: Yes. MR. SHULTZ: Do you understand all of the terms of that agreement? MR. IVES: Yes. MR. SHULTZ: Do you have any questions regarding the terms of that? MR. IVES: Just to the one of the two years. Did you say that if she cohabits it will still maintain -- MS. SUMPLE-SULLIVAN: No. It will cease. MR. IVES: Okay. That's it. MR. SHULTZ: Is that the agreement that you had agreed upon? MR. IVES: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 7 myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS,:'-'. DATE: ,~ /// ~/L-Oh (' Barbara Sumple-Sullivan Attorney for PI . tiff CJv~ ~ Christine A. Ives r(i~/Ob iI:t fJi ~ I __ /p'~ Ro e W. I~ j/ n M. Shultz Attorney for Defendant 8 - Exhibit B Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A. lVES, Plaintiff IN THE COURT OF COMM:ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5349 ROBERT W. IVES, Defendant CIVIL ACTION - LAW IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of forth in items one through five, , 2006, based on the [mdings set IT IS HEREBY ORDERED, ADmDICATED AND DECREED in items six through twenty: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on September 5, 1998 and divorced on 2. Participant Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Robert W. Ives S.S.N. 209-46-0299 D.O.B. March 17, 1971 3. Alternate Payee Information: The name, last known address, Social Security number and date of birth of the "Alternate Payee" are: Christine A. Ives 923 16th Street New Cumberland, P A 17070 S.S.N. 174-66-3463 D.O.B. October 30, 1969 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"). Any changes in the Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the participant's benefits payable under an employer-sponsored defmed contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations law of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to 100% of the Participants Total Account Balance accumulated under the Plan as of the date this Order is processed (or the closest valuation date thereto). Further, such Total Account balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of Participant. Such Total Account Balance shall be determined after the account is reduced by the outstanding balance of the Participant's account reduction loan( s), if any, as of the valuation date specified above, such that the Account Balance shall not include the outstanding balance of any account reduction loan(s) as of the valuation date. The obligation to repay any Participation Plan loan( s) from and after the date of this Order remains solely with the Participant. The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from the aforesaid valuation date (or the closest valuation date thereto), until the date of total distribution to the Alternate Payee. 2 The Alternate Payee's portion of the benefits described above shall be allocated on a prorata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable Account( s) established on behalf of the Alternate Payee. This Account( s) will initially be established in the same fund mix percentages as the Participant account. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, the benefits shall be paid the to the alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or section 414(P) of the Code, if later. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account( s) with respect to his or her share under the plan. 10. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's Estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 12. Death of Participant: Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Saving Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; 3 b. to provide increased benefits to the Alternate Payee; c. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under section 414(P) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to confrrm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under This Order: For purposes of sections 402(a)(I) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tax on such distribution if not rolled over into an eligible retirement plan. 17. Parties Responsibilities in Event of Error: In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the 4 Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(P), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Fee: A processing fee of $250.00 shall be charged one-half ($125.00) against the Alternate Payee's account and one-half ($125.00) against the Participant's remaining account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee's account. If there are not sufficient funds in either party's account to pay that party's respective share of the fee, the difference shall be charged to the account of the other party. BY THE COURT: J. CONSENTED TO: CHRISTINE A. rYES ROBERT W. IYES SEAN M. SHULTZ, ESQUIRE BARBARA SUMPLE-SULLIV AN, ESQUIRE 5 Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A. IVES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5349 ROBERT W. IVES, Defendant : CIVIL ACTION - LA W : IN DIVORCE VERIFICATION I, Christine A. Ives, hereby certify that the facts set forth in the foregoing Motion for Enforcement for Enforcement is true and correct to the best of my knowledge, information and belief. I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. 34904 relating to unsworn falsification to authorities. DATED: J ::J.. / ).1 ,2006 ~~Q.~ CHRISTINE A. IVES Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A. IVES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5349 ROBERT W. IVES, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, BARBARA SUMPLE-SULLIV AN, ESQUIRE, do hereby certify that on this date, I served a true and correct copy of the MOTION FOR ENFORCEMENT, in the above-captioned matter upon the following individual, by United States first-class mail, postage prepaid, addressed as follows: Sean M. Shultz, Esquire Knight & Associates 11 Roadway Drive, Suite B Carlisle, P A 17013 /~ ]X DATE: Decembe~, 2006 / ,//" ~ e-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717) 774-1445 Supreme Court J.D. 32317 Attorney for Petitioner Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717)774-1445 CHRISTINE A. IVES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5349 ROBERT W. IVES, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULA TION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this 2nd day of January, 2007, the parties, Christine A. Ives, Plaintiff, and Robert W. Ives, Defendant, acting by and through their respective counsel, having been divorced by Decree dated of the Court of Common Pleas of Cumberland County, entered at Docket Number 04-5349, do hereby stipulate and agree as follows: 1. Defendant, Robert W. Ives (hereinafter referred to as "Member") is a member of the Commonwealth of Pennsylvania State Employees' Retirement System (hereinafter referred to as "SERS"). 2. SERS, as a creature of statute, is controlled by the State Employees' Retirement Code, 71 Pa.C.S. Sections 5101-5956 ("Retirement Code"). 3. Member's date of birth is March 17, 1971 and Member's social security number is 209-46-0299. 4. The Plaintiff, Christine A. Ives (hereinafter referred to as "Alternate Payee"), is the former spouse of Member. Alternate Payee's date of birth is October 30, 1969 and her social security number is 174-66-3463. 5. Member's last known mailing address is: 207 Walnut Street, Lemoyne, Pennsylvania l7043. 6. Alternate Payee's current mailing address is: 923 16th Street, New Cumberland, Pennsylvania 17070. It is the responsibility of Alternate Payee to keep a current mailing address of file with SERS at all times. 7. Member elected his retirement benefits in 2005. Presently, Member's lump sum retirement contributions in the approximate amount of$10,588.00 are frozen by Order of Court dated May 10,2005. All of said lump sum (100% of same) shall be released to Alternate Payee. Alternate Payee is also assigned 100% of Member's monthly benefit. 2 8. Member's retirement benefit is defined as all monies paid to or on behalf of Member by SERS, including any lump sum withdrawals or scheduled or ad hoc increases. The equitable distribution portion of the marital property component of Member's retirement benefit, as set forth in Paragraph Seven (7), shall be payable to Alternate Payee and shall commence as soon as administratively feasible upon SERS approval of this Domestic Relations Order. 9. Member hereby nominates Alternate Payee as 100% irrevocable beneficiary of Member' s retirement benefit for any death benefits payable by SERS. This nomination shall become effective upon approval by the Secretary of the Retirement Board, or his authorized representative of the Secretary, of any Domestic Relations Order incorporating this Stipulation and Agreement. In the event that the Alternate Payee predeceases the Member, this benefit shall be paid to Alternate Payee's estate. Member shall execute and deliver to Alternate Payee an authorization, in a form acceptable to SERS, which will authorize SERS to release to Alternate Payee all relevant information concerning Member's Retirement Account. 10. Member and Alternate Payee acknowledge that Member has retired under the terms of an Option 1 retirement benefit election together with a full withdrawal of accumulated deductions pursuant to Option 4. The Member's retirement elections are 3 final, binding, and irrevocable. Member's entire Option 4 lump sum withdrawal, which as been held by SERS pursuant to an Order of Court dated May 10,2005, shall be paid by SERS to Alternate Payee. Alternate Payee shall also receive 100% of Member's Option 1 annuity payment directly from SERS. However, SERS shall not be required to make payment to Alternate Payee of any sums already paid by SERS to the Member. Alternate Payee (or her estate) shall also receive lOO% of the Option 1 death benefit payable upon Member's death. The parties acknowledge that in the event Member returns to State employment as defined in the State Employees' Retirement Code, Member's benefits will be suspended for the duration of such employment. In the event that Member returns to such employment and subsequently retires, this Stipulation and Agreement may require modification to divide the Member's and Alternate Payee's share of such subsequent benefits. 11. Alternate Payee may not exercise any right, privilege or option offered by SERS. SERS shall issue individual tax forms to Member and Alternate Payee for amounts paid to each. 12. In the event of the death ofthe Alternate Payee prior to receipt of all payments payable from SERS under a Domestic Relations Order incorporating this 4 Stipulation and Agreement, any death benefit payable or retirement benefit payable to Alternate Payee by SERS shall: a) Be paid to Alternate Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's retirement benefit as set forth in paragraphs 7 through 9. 13. In no event shall Alternate Payee have benefits or rights greater than those that are available to Member. Alternate Payee is not entitled to any benefit not otherwise provided by SERS. Alternate Payee is only entitled to the specific benefits offered by SERS as provided in this Stipulation and Agreement. All other rights, privileges and options offered by SERS not granted to Alternate Payee by this Stipulation and Agreement are preserved for Member. Member and Alternate Payee acknowledge that benefits paid pursuant to this Stipulation and Agreement are and shall remain subject to the Public Employee Pension Forfeiture Act, 43 P.S. ~ 1311,et seq. 14. It is specifically intended and agreed by the parties hereto that any Domestic Relations Order incorporating this Stipulation and Agreement: (a) Does not require SERS to provide any type of benefit, or any option not otherwise provide under the Retirement Code; (b) Does not require SERS to provide increased benefits (determined on the basis of actuarial value) unless increased benefits are paid to 5 " .. Member based upon cost of living or other adjustments or increases based on other than actuarial values. 15. The parties intend and agree that the terms of this Stipulation and Agreement shall be approved, adopted and entered as a Domestic Relations Order. 16. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain jurisdiction to amend any Domestic Relations Order incorporating this Stipulation and Agreement, but only for the purpose of establishing it or maintaining it as a Domestic Relations Order; provided, however, that such amendment shall require SERS to provide any type or form of benefit, or any option not otherwise provided by SERS, and further provided that such amendment or right of the Court to so amend will invalidate the parties' existing Domestic Relations Order. 17. Upon entry of a Domestic Relations Order incorporating this Stipulation and Agreement, a certified copy of the Domestic Relations Order and this Stipulation and Agreement and any attendant documents shall be served upon SERS immediately. Such Domestic Relations Order shall take effect immediately upon SERS approval and SERS approval of any attendant documents and then shall remain in effect until such time as further Order of the Court amends or vacates the Domestic Relations Order. 6 t. .. WHEREFORE, the parties, intending to be legally bound by the terms of the Stipulation and Agreement, do hereunto place their hands and seals. WITNESS: ~()-~ Christine A. Ives, Alternate Payee se~u~ Barbara Sumple-Sullivan, Esquire 7 ~~1~ G";r' "':',' . s' '< ....r".. S,-~ t__ ~;, CC~; J' '-=--_ ~~ -< r--> C":) = -...J <- :1>'" Z I Ul -0 -- -- o -n ~::n , "r: -om -n9 c:::) ('") 7-f. 1") ;D "-. 'Y\ 6r -'-\ Jjj ~ N -.I . . CHRISTINE A. IVES, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 04 - 5349 CIVIL ROBERT W. IVES, Defendant IN DIVORCE THE MASTER: Today is Tuesday, September 12, 2006. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Christine A. Ives, and her counsel Barbara Sumple-Sullivan, and the Defendant, Robert W. Ives, and his counsel Sean M. Shultz. A complaint in divorce was filed on October 22, 2004, raising grounds for divorce of irretrievable breakdown of the marriage. The Master has been provided affidavits of consent and waivers of notice of intention to request entry of divorce decree which are in the file and which were previously signed and filed by the parties. Wife's affidavit and waiver were signed on June 26, 2006, and filed on June 30, 2006; husband's affidavit and waiver were signed on August 2, 2006 and filed August 9, 2006. The complaint also raised economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. The Master has been advised that after 1 . . negotiations this morning counsel and the parties have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors. The parties and counsel are going to return later today to review the transcription of the agreement and will make any typographical corrections as required. It is specifically understood, however, that they will not be permitted to make any substantive changes to the agreement and that they are bound by the terms of the agreement when they leave the hearing room today even though there is no subsequent signing of the agreement. The signatures of the parties on the agreement when they return are for the purpose of them affirming the terms of the settlement as stated on the record. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on September 5, 1998, and separated September 3, 2004. They are the natural 2 . . parents of two minor children who are residing with the Plaintiff wife. Ms. Sumple-Sullivan. MS. SUMPLE-SULLIVAN: 1. The parties had a marital home which had been sold and the proceeds of that home together with the value in Member's 1st accounts and a Travelers home insurance refund have been placed in the escrow account at my office. The approximate balance of that account is $8,548.38. The parties have agreed that that cash shall be payable to wife and husband relinquishes any claims to those assets. 2. The second assets are the vehicles. The 1997 Ford F-150 truck shall become the sole and separate property of husband. That truck was encumbered at the time of separation and husband has satisfied that encumbrance. The 1999 Ford Explorer shall be the sole and separate property of wife. That vehicle was encumbered at the time of separation and wife agrees to indemnify and hold husband harmless against the liability due and owing to the Citizen's Bank. Each party agrees to cooperate in signing the titles to the respective vehicles and they also mutually waive any and all claims and ownership to the vehicles taken by the other spouse. 3. At the time of separation, there were accounts at Member's 1st. Wife shall retain the proceeds of the accounts 405406.11 and 405406.00. That property shall be sole and separate property of wife. Husband shall retain all of the assets in Member's 1st account 243035 and that property shall be his separate account. 4. During the marriage husband had accrued certain benefits through the Commonwealth of Pennsylvania in the State Employees' Retirement System. That account had been frozen as part of this litigation and the lump sum amount is approximately $10,300.00. Said amount shall be released to wife and shall become wife's sole and separate property. Additionally, husband had chosen a retirement benefit under Option 4 of the retirement code which was paying $142.22. Husband agrees to provide a Domestic Relations Order which will transfer 100% of that benefit for the remainder of that option to wife. 3 . . Husband also had a deferred comp through the Commonwealth of Pennsylvania which had an approximate balance of $5,580.00 as of December 31, 2005. Husband agrees to execute all paperwork necessary to transfer that deferred comp benefit to the sole ownership of wife. In summary all of the pension and retirement benefits available through the Commonwealth of Pennsylvania shall be fully assigned to wife and husband does hereby release and waive any claims thereto. The parties also agree that the monthly payment due pursuant to the SERS pension which is assigned to wife or the $142.22 per month shall not be includable in the calculation of child support as income to wife. 5. During the marriage husband had also accrued certain benefits through the Federal Employees' Retirement Service. Husband had accumulated an annuity which included both pre and marital service. Wife hereby waives any claims to husband's FERS annuity and that annuity shall be the sole and separate property of husband. 6. Husband had also acquired certain funds in a Thrift Savings Plan through the federal government. Husband has represented that the balance in that FERS Thrift Savings Plan is approximately $33,755.00. Husband does hereby assign 100% of the benefit that exists in his Thrift Savings Plan to wife and agrees to execute all documentation necessary to make that transfer to wife. That transfer shall be in the form of a qualified roll-over so as to avoid any tax liability to husband and/or penalties to wife. 7. During the marriage husband had also acquired certain benefits through the Pennsylvania Army National Guard. Wife does hereby waive and release any and all claims to husband's Army National Guard pension and that shall be husband's sole and separate property. Husband further warrants that he has no thrift savings plan through the Army National Guard benefit. 8. During the course of the marriage there has been an increase in a premarital retirement account that wife had with American Funds. Husband does hereby release the increase in value in wife's premarital account and said increase shall be the sole and separate property of wife. 9. Wife additionally had a life insurance policy with Mass Mutual which was premarital in nature. That account and 4 . . policy has also increased over the life of the marriage and husband does hereby release any claim to that increase in value of that life insurance policy. 10. Also during the marriage it is believed that husband had secured an award from the Pennsylvania Corrections Associations which has not yet been payable. Wife does hereby assign all of the interest in that award if and when it becomes paid to husband and waives any and all claims in that award to husband. 11. The parties agree that wife shall execute a letter to Domestic Relations indicating that as of September 11, 2006, all arrearages that are showing on that account shall be satisfied in full. 12. Husband further agrees that he shall pay to wife the sum of $465.88 per month as alimony. Said alimony shall be for the specific term of two (2) years and shall be non-modifiable in duration or amount. It is agreed by the parties that the $465.88 shall not be includable in the calculation of child support as income for wife or deducted from income from husband; however, said sum shall be included in the income for wife for the federal tax purposes and deductible by husband. The alimony that is set forth herein shall>terminate in the event of either parties' death, wife's cohabitation or wife's remarriage. The alimony will continue to be paid through the Domestic Relations Office. 13. Husband's agrees to carry a life insurance policy for the benefit of his children. The policy that will be required to be carried is the Guard Service Member Life Insurance policy and that policy shall stay in effect until the youngest child reaches the age of 18. The coverage shall be $250,000.00 14. In regards to wife's claim for counsel fees, wife does hereby waive that claim for counsel fees. 15. In regards to tangible personal property, the parties agree that whatever personal assets are in their present custody and control shall be their sole and separate property and the other respective spouse waives any claims to the property in the present custody and control of the other spouse. 5 . . 16. In regards to liabilities, the parties had certain debts at the time of separation which included a Texaco and an MBNA American credit. Wife confirms that she has paid those debts and agrees to indemnify and hold husband harmless for those obligations. 17. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MS. SUMPLE-SULLIVAN: Christine, you've been in the hearing room this morning as I read into the record the terms of the agreement that have been reached between you and Robert? MS. IVES: Yes. MS. SUMPLE-SULLIVAN: Did you understand the terms which were read into the record? MS. IVES: Yes, I did. MS. SUMPLE-SULLIVAN: Are you entering into that agreement voluntarily and freely? MS. IVES: Yes. MS. SUMPLE-SULLIVAN: And does the terms of the agreement as stated herein comport with what your understanding of the settlement would be? 6 .' . . MS. IVES: Yes. MR. SHULTZ: Robert, you've been sitting in the hearing room while the terms of agreement have been recited by attorney Sumple-Sullivan? MR. IVES: Yes. MR. SHULTZ: Do you understand all of the terms of that agreement? MR. IVES: Yes. MR. SHULTZ: Do you have any questions regarding the terms of that? MR. IVES: Just to the one of the two years. Did you say that if she cohabits it will still maintain -- MS. SUMPLE-SULLIVAN: No. It will cease. MR. IVES: Okay. That's it. MR. SHULTZ: Is that the agreement that you had agreed upon? MR. IVES: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating 7 / ( Barbara Sumple-Sullivan Attorney ~ ~hUltZ Attorney for Defendant rjI'L/Ob / .,// ..- / ..,// /' /~~.~~~ . . myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: 9-/L- 0,0 ()V~O ~>-e.& Christine A. Ives 8 (") ...." 0 ~.) ~ = -n -... ~...~ L. s:! ri:'~;~'~. . :0.. m:!l .' ; :z: r- z>) I -02;3 -- ::n U'I ,'-" '-'0 ::2 ::?-r. cs:n -...0.... 'Y~ 25 1 L =r;! -j "-' :n """""t.. -..I -< ... Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE AlVES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5349 ROBERT W. IVES, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of Service on November 1, 2004. 3. Date of execution of the Affidavit of Consent required by ~ 3301( c) of the Divorce Code: by Plaintiff: June 26, 2006; by Defendant: August 2,2006. 4. Related claims pending: All matters have been resolved pursuant to the Marital Settlement Agreement reached by the parties dated September 12, 2006 and incorporated, but not merged, into the Decree. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with Prothonotary: June 30, 2006. Date Defendant's Waiver of Notice in ~33 c) Divorce was filed with Prothonotary: August 9, 2006. Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070-1931 (717)-774-1445 Supreme Court ill #32317 Attorney for Plaintiff Dated: January 4, 2007 Barbara Sump1e-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE AlVES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5349 ROBERT W. IVES, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Plaintiffs Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: Sean M. Shultz, Esquire Knight & Associates 11 Roadway Drive, Suite B Carlisle, P A 17013 ..~ DATED: January 4,2007 Barbara Sumple-Sullivan, Esquire 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney for Plaintiff o ~"~ ~,":. -VeL' 1,1r: ~. ~~ ~~-~ ~~. ~C' -~~: C'" )> t: z ~ f".,:) = c.::::> ~ ~ :2..,., rnp -o~ -'0 '-" (~C) -'..-..J~l "_1_\'1 f,:;' (') om -C-t 2.Q =< <- ~"tIJIt ;;c; , U1 -0 -.....,.. ...... N --J .. Barbara Sump Ie-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, P A 17070 (717) 774-1445 CHRISTINE A. IVES, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-5349 ROBERT W. rVES, Defendant : CIVIL ACTION - LAW : IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER ow.. --P AND NOW, this 7 day of 'dp.l~'" forth in items one through five, .' ('J , 200j, based on the findings set IT IS HEREBY ORDERED, ADJUDICATED AND DECREED in items six through twenty: 1. Parties: The parties hereto were husband and wife, and a divorce action is in this Court at the above number. This Court has personal jurisdiction over the parties. The parties were married on September 5, 1998 and divorced on 2. Participant Information: The name, last known address, Social Security number and date of birth of the Plan "Participant" are: Robert W. Ives 207 Walnut Street Lemoyne, P A 17043 S.S.N. 209-46-0299 D.O.B. March 17, 1971 3. Alternate Payee Information: The name, last known address, Social Security number and date of birth of the "Alternate Payee" are: Christine A. Ives 923 16th Street New Cumberland, P A 17070 S.S.N. 174-66-3463 D.G.B. October 30, 1969 .. The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in mailing address subsequent to the entry of this Order. 4. Plan Name: The name of the Plan to which this Order applies is the Commonwealth of Pennsylvania Deferred Compensation Program (hereinafter referred to as "Plan"). Any changes in the Plan Administrator, Plan Sponsor, or name of the Plan shall not affect Alternate Payee's rights as stipulated under this Order. 5. Effect of this Order as a Qualified Relations Order: This Order creates and recognizes the existence of an Alternate Payee's right to receive a portion of the participant's benefits payable under an employer-sponsored defined contribution plan under section 457(b) of the Internal Revenue Code (the "Code"). 6. Pursuant to State Domestic Relations Law: This Order is entered pursuant to the authority granted in the applicable domestic relations law of the Commonwealth of Pennsylvania. 7. Provisions of Marital Property Rights: This Order relates to the provision of marital property rights as a result of the Order of Divorce between the Participant and the Alternate Payee. 8. Amount of Alternate Payee's Benefit: This Order assigns to the Alternate Payee an amount equal to 100% of the Participants Total Account Balance accumulated under the Plan as of the date this Order is processed (or the closest valuation date thereto). Further, such Total Account balance shall include all amounts maintained under all of the various accounts and/or sub-accounts established on behalf of Participant. Such Total Account Balance shall be determined after the account is reduced by the outstanding balance of the Participant's account reduction 10an(s), if any, as of the valuation date specified above, such that the Account Balance shall not include the outstanding balance of any account reduction loan(s) as of the valuation date. The obligation to repay any Participation Plan loan( s) from and after the date of this Order remains solely with the Participant. The Alternate Payee's benefit herein awarded shall be credited with any interest and investment income (or losses) attributable thereon from the aforesaid valuation date (or the closest valuation date thereto), until the date of total distribution to the Alternate Payee. 2 The Alternate Payee's portion of the benefits described above shall be allocated on a prorata basis from all of the accounts and/or investment options maintained under the Plan on behalf of the Participant. Such benefits shall also be segregated and separately maintained in a nonforfeitable Account( s) established on behalf of the Alternate Payee. This Account(s) will initially be established in the same fund mix percentages as the Participant account. 9. Commencement Date and Form of Payment to Alternate Payee: If the Alternate Payee so elects, the benefits shall be paid the to the alternate Payee as soon as administratively feasible following the date this Order is approved as a QDRO by the Plan Administrator, or at the earliest date permitted under the terms of the Plan or section 414(P) of the Code, iflater. Benefits will be payable to the Alternate Payee in any form or permissible option otherwise available to participants under the terms of the Plan, except a joint and survivor payment. The Alternate Payee will be responsible for paying any applicable withdrawal charges imposed under any investment account(s) with respect to his or her share under the plan. 10. Alternate Payee's Rights and Privileges: On and after the date that this Order is deemed to be a QDRO, but before the Alternate Payee receives a total distribution under the Plan, the Alternate Payee shall be entitled to all of the rights and election privileges that are afforded to Plan beneficiaries, including, but not limited to, the rules regarding the right to designate the Alternate Payee's Estate as beneficiary for death benefit purposes and the right to direct Plan investments, only to the extent permitted under the provisions of the Plan. 11. Death of Alternate Payee: In the event of the Alternate Payee's death prior to receiving the full amount of benefits assigned under this Order and under the benefit option chosen by the Alternate Payee, the remainder of any unpaid benefits under the terms of this Order shall be paid to the Alternate Payee's Estate. The Alternate Payee may not designate a beneficiary other than his or her estate. 12. Death of Participant: Should the Participant predecease the Alternate Payee, such Participant's death shall in no way affect the Alternate Payee's right to the portion of the benefits as stipulated herein. 13. Saving Clause: This Order is not intended, and shall not be construed in such a manner as to require the Plan: a. to provide any type or form of benefits or any option not otherwise provided under the Plan; 3 b. to provide increased benefits to the Alternate Payee; c. to pay any benefits to the Alternate Payee which are required to be paid to another alternate payee under another order previously determined to be a QDRO; or d. to make any payment or take any action which is inconsistent with any federal or state law, rule, regulation or applicable judicial decision. 14. Certification of Necessary Information: All payments made pursuant to this Order shall be conditioned on the certification by the Alternate Payee and the Participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties. 15. Continued Qualified Status of Order: It is the intention of the parties that this QDRO continue to qualify as a QDRO under section 414(P) of the Code, as it may be amended from time to time, and that the Plan Administrator shall reserve the right to confirm the qualified status of the Order at the time benefits become payable hereunder. 16. Tax Treatment of Distributions Made Under This Order: For purposes of sections 402( a)( 1) and 72 of the Code, or any successor Code section, any Alternate Payee who is the spouse or former spouse of the Participant shall be treated as the distributee of any distribution or payments made to the Alternate Payee under the terms of this Order, and as such, will be required to pay the appropriate federal income tax on such distribution if not rolled over into an eligible retirement plan. 17. Parties Responsibilities in Event of Error: In the event that the Plan inadvertently pays the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this Order, the Participant shall immediately reimburse the Alternate Payee to the extent that the Participant has received such benefit payments by paying such amounts directly to the Alternate Payee within ten (10) days of receipt. In the event that the Plan inadvertently pays the Alternate Payee any benefits that are to remain the sole property of the Participant pursuant to the terms of this Order, the Alternate Payee shall immediately reimburse the Participant to the extent that the Alternate Payee has received such benefit payments by paying such amounts directly to the Participant within ten (10) days of receipt. 18. Effect of Plan Termination: In the event of a Plan termination, the Alternate Payee shall be entitled to receive his or her portion of the 4 Participant's benefits as stipulated herein in accordance with the Plan's termination provisions for participants and beneficiaries. 19. Continued Jurisdiction: The Court retains jurisdiction over this matter to amend this Order to establish or maintain its status as a qualified domestic relations order under Code section 414(P), as amended and the original intent of the parties as stipulated herein. The Court shall also retain jurisdiction to enter such further orders as are necessary to enforce the assignment of benefits to the Alternate Payee as set forth herein. 20. Fee: A processing fee of$250.00 shall be charged one-half ($125.00) against the Alternate Payee's account and one-half ($125.00) against the Participant's remaining account. In the event that the Alternate Payee is awarded 100% of the Participant's account balance as of the date this Order is processed pursuant to this Order, the entire processing fee shall be charged to the Alternate Payee's account. If there are not sufficient funds in either party's account to pay that party's respective share of the fee, the difference shall be charged to the account of the other party. J. CONSENTED TO: ~().~ CHRISTINE A. IVES p~ {j J ~Jr~ ROBERT W. IVES U ~_. BARB RA SUMPLE-SULLIV AN, ESQUIRE 5 ./017 r'>>w- I~ ~~ b?/- F?f!l}J L ,} /; . / ( .;7/01; ~rfJ'Jh"/ r~zi~) ~, ':1":, I ; '-I ~~ 0 : C ~: ;.3 tf - f'{ ~/ r ~,:; 2 Z At" jfJ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cwnberland, PA 17070 (717) 774-1445 CHRISTINE A. IYES, Plaintiff IN THE COURT OF COl\1NION PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-5349 ROBERT W. IYES, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this 9' ~ day of ~'r ' 2007, upon consideration of the attached Stipulation and Agreement dated January 2, 2007, of the parties in this case, it is now entered as a Qualified Domestic Relations Order. B Date / .9.0'7 J. ~.~ '-rrv' , ;; _ !I,.?h1,5X ~ - 1'-p-p /.:1/111/1 fi(I'n11 ~) \ . ':.; .\~ ry:.) ).\ (' q .7 ti t_..J . (., 11 \ t~,j ,. r-,- --' LUGZ * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE A. IVES, Plaintiff No. 04-5349 In Divorce v. Civil Action - Law ROBERT W. IVES, Defendant RETIREMENT BENEFITS COURT ORDER THIS MATTER having come before the court on motion, and the court, after reviewing the motion and being otherwise fully advised of the matter: ORDERED: Christine A. rves of 923 16th Street, New Cumberland, Pennsylvania 17070 (SSN 174-66-3463; DaB: October 30, 1969) is awarded 1000/0 of the Thrift Savings Plan account of Robert W. Ives of8678 Deer Chase Drive, Huber Heights, Ohio 45424 (SSN 209-46-0299; DOB: March 17,1971) as of the date this order is processed. I ( C; (b 7 Date: , J. F:\User FolderlFirm Docs\Gendocs2006\3907-I.TSP.stip.wpd { () / {J;/ II lfJ~;t (/?-y-4; r 0 :(~ I, , ...c",,", r ....; 6- NVr LODZ ,.,'+i:+::+: ~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. CHRISTINE A. IVES No. 04-5349 VERSUS ROBERT W. IVES DECREE IN DIVORCE AND NOW, s-~ 01 J).:,);) I'~ ~) , IT IS ORDERED AND '1 DECREED THAT Christine A. Ives , P LA I NT IFF, AND Robert W. Ives , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; All matters have been resolved pursuant to the Marital Settlement Agreement ;to reached by the parties dated September 12, 2006 and incorporated, but not merged;t' ;to into the Decree. PROTHONOTARY By J. fz~h7/z Il'y::ry1l J7~'1-, >;~rs'-;r~fii'/ ;'. /:J'''*. .~. 1'1}) / / / L, , (/./