Loading...
HomeMy WebLinkAbout05-3477 SHARON K. RIDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs, NO OS, J'/77 CIVIL TERM MICHAEL D. RIDER, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court, A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff, You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania, IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (7 I 7) 249-3 I 66 SHARON K. RIDER, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA MICHAEL D. RIDER, Defendant NO. Os: .3'/77 CNIL TERM IN DNORCE COMPLAINT IN DIVORCE AND NOW, the Plaintiff, Sharon K. Rider, through her attorney, Dawn S, Sunday, Esquire files this Complaint in Divorce based upon the following: I. The Plaintiff is Sharon K. Rider, an adult individual, residing at 33 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. The Defendant is Michael D. Rider, an adult individual, residing at 16 Regency South, Carlisle, Cumberland County, Pennsylvania 17013, 3. The Plaintiff and Defendant were married on March 24, 1979 in Mechanicsburg, Cumberland County, Pennsylvania. 4, The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or in any other jurisdiction, 6, Neither of the Parties in this action is presently a member of the Armed Forces on active duty. 7, The bases for this action are the irretrievable breakdown of the Parties' marriage and the marital misconduct of the defendant. 8. The Plaintiffhas been advised of the availability of marriage counseling and that plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that the Court enter a decree of divorce under Section 3301(c) or 3301(d) of the Divorce Code, 9, Plaintiff incorporates herein by reference the allegations stated in Paragraphs I through 8 of this complaint. COUNT II - EOUlT ABLE DISTRIBUTION 10, Plaintiff and Defendant have legally and beneficially acquired property during their marriage, II. The parties plan to enter agreements for the resolution of their divorce and equitable distribution issues through the collaborative family law process, WHEREFORE, the Plaintiff respectfully requests that the Court equitably divide all marital property, Respectfully Submitted, Dawn S, Sunday, Esquire Counsel for Plaintiff ID No, 41954 39 West Main Street Mechanicsburg, P A 17055-6230 (717) 766-9622 VERIFICATION I verify that the statements made in this Complaint 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. Date ~/;.Jh~ ~m..d{4~ lamlIff ':::::'f'\ ......... ()"'- ~ ...... -t o / I Q ~ ~~::'t '"=b ~ / U> ~ ~~:_- >t~ ~ ~ <>0, ~ ...... ..i) o v, 10 ............... ~ -, -< ...., = <= ~., t_ c: o- f CO 'i' w CO o -n ::;:l F:,::n r- -,./,-n z:'~i~~ :~~;~ ---I >- ::0 -< ~ v ::t.: Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3477 CIVIL TERM SHARON K. RIDER, v. CIVIL ACTION - LAW MICHAEL D. RIDER, IN DIVORCE Defendant ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on behalf of Michael Rider and certify that I am authorized to do so. 1 j;rhs/ , JOHN~'E. STEWART & WEIONER ~~G~-7 Attorney 1.0. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Defendant Date: :263267 t.. .~ ': '::' SHARON K. RIDER, Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3477 CIVIL TERM v. CIVIL ACTION - LAW MICHAEL D. RIDER, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about July 8, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: I (-' 1'1 fj ., 4 1. h flillC . d,f,C j Sharon K. itt, Plaintiff :262764 ----- ,"_:1 ~., ,....; C) .-; ~ ~ C" - SHARON K. RIDER, Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-34/7 CIVIL TERM v. CIVIL ACTION - LAW MICHAEL D. RIDER, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on or about July 8, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary . I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. Date: / /- /60- c::zs- . ~~). L~ Michael D. R.ider, Defendant :262763 ,.., :::rt c:. SHARON K. RIDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff NO. 05-3477 CIVIL TERM v. CIVIL ACTION - LAW MICHAEL D. RIDER, IN DIVORCE Defendant MARITAL SETTLEMENT AGREEMENT J[rit.. 1. 1 , THIS AGREEMENT, made this J 'day of y/Rj2jA./.ja~A) 2005 by and between MICHAEL D. RIDER, of Carlisle, Pennsylvania (hereinafter ~~)") and SHARON K. RIDER, of Mechanicsburg, Pennsylvania (hereinafter "WIFE") ; WITNESSETH: WHEREAS, the parties hereto were married on March 24, 1979, in Cumberland County, Pennsylvania; and WHEREAS, a divorce action was filed by WIFE on or about July 8, 2005, in the Cumberland County Court of Common Pleas, and docketed at 05-3477 Civil Term; and WHEREAS, there are no minor children of the marriage; and WHEREAS, difficulties have arisen between the parties and it is therefore their intention to live separate and apart for the rest of their lives and the parties are desirous of settling completely the economic and other rights and obligations between each other, including but not limited to: the equitable distribution of the marital property; past, present, and future spousal support; alimony, alimony pendente lite, and in general, any and all other claims and possible claims by one against the other or against their respective estates; and NOW THEREFORE, in consideration of the covenants and promises hereinafter to be kept and performed by each party and for other good and valuable consideration, the parties, intending to be legally bound hereby, the parties do hereby agree as follows: 1. ADVICE OF COUNSEL. The provisions of this agreement and their legal effect have been fully explained to the parties by their respective counsel. HUSBAND is represented by Melissa Peel Greevy, Esquire of Johnson, Duffie, Stewart & Weidner. WIFE is represented by Dawn S. Sunday, Esquire of Sunday and Sunday. Each party acknowledges that he or she has had the opportunity to discuss with counsel of their choosing, the concept of marital property under Pennsylvania law and each is aware of his or her right to have the real and/or personal property, estate and assets, earnings and income of the other assessed or evaluated by the courts of this Commonwealth or any other court of competent jurisdiction. The parties further declare that each is executing the Agreement freely and voluntarily having either obtained sufficient knowledge and disclosure of their respective legal rights and obligations or expressly waiving the right to obtain such knowledge. The parties each acknowledge that this Agreement is fair and equitable and is not the result of any fraud, coercion, duress, undue influence or collusion. 2. DIVORCE ACTION, The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no fault divorce pursuant to ~ 3301 (c) of the Divorce Code. Within five (5) business days, following the satisfaction of marital debt and settlement on the sale of the marital residence, the parties will sign Affidavits of Consent and Waivers of Notice of Intent to Request Entry of a Divorce Decree. This Agreement shall remain in full force and effect after such tim€~ as a final decree in divorce may be entered with respect to the parties. The parties agree that the terms of this Agreement shall be incorporated into any Divorce Decree which may be entered with respect to them and specifically referenced in the Divorce Decree. This Agreement shall not merge with the Divorce Decree, but shall continue to have independent contractual significance. - 2 - 3. DATE OF EXECUTION, The "date of execution" or "execution date" of this Agreement shall be defined as the date upon which it is executed by the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the last party executing this Agreement. 4. MUTUAL RELEASES. Each party absolutely and unconditionally releases the other and the estate of the other from any and all rights and obligations which either may have for past, present, or future obligations, arising out of the marital relationship or otherwise, including all rights and benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described herein. Each party absolutely and unconditionally releases the other and his or her heirs, executors and estate from any claims arising by virtue of the marital relationship of the parties. The above release shall be effective whether such claims arise by way of widow's or widower's rights, family exemption, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a life time conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United States or any other country. Except for any cause of action for divorce which either party may have or claim to have, each party gives to the other by the execution of this Agreement an absolute and unconditional release from all claims whatsoever, in law or in equity which either party now has against the other. 5. FINANCIAL DISCLOSURE, After consultation with their respective counsel regarding the options for use of legal services in divorce, the parties elected to use a Collaborative Law process to make the decisions necessary under the circumstances. Prior to commencing negotiations, the parties waived formal discovery unless they agreed otherwise. The Collaborative Law Participation Agreement under which the parties operated required the parties to commit to full and fair disclosure of all assets, incomes, debts and other information needed for a principled and complete settlement. Each party had the opportunity to request information and received - 3- copies of any document requested, including but not limited to, statements regarding investment, retirement, checking and savings accounts, mortgage balances, pay stubs, federal tax returns, and credit card statements. Accordingly, the parties represent and warrant that each have made full and fair disclosure to the other of his or her respective income, assets and liabilities, whether sLlch are held jointly or in the name of one party alone. Neither party wishes to make or append hereto any further enumeration or statement. Each party acknowledges that he or she is sufficiently familiar with the assets and income of the other to make an informed decision regarding the content of this Agreement. Each party warrants that he or she is not aware of any marital asset which is not identified in this Agreement. Each party understands that he/she had the right to obtain from the other party a complete inventory or list of all property that either or both parties owned at the time of separation or currently and that each party had the right to have all such property valued by means of appraisals or otherwise. Both parties acknowledge that they have had the opportunity to discuss with counsel the concept of marital property under Pennsylvania law and understand that they have a right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties hereby acknowledge that this Agreement is fair and equitable, and the terms adequately provide for his or her interests, and that this Agreement is not the result of fraud, duress, or undue influence exercised by either party upon the other or by any person or persons upon either party. Each party further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, that he or she will never at any time hereafter sue the other party or his or her heirs, executors or assigns, in action of contention, direct or indirect, and allege therein that there was a denial of any rights to full disclosure, or that there was any fraud, duress, undue influence, or that there was a failure to have available full, proper and independent representation by legal counsel. 6. SEPARATION-INTERFERENCE, WIFE and HUSBAND may and shall, at all times hereafter, live separate and apart. They shall be free from any interference, direct or indirect, by the other in all respects as if fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or the respective families of each other. 7. EQUITABLE DISTRIBUTION. HUSBAND and WIFE have agreed to an equal distribution of their real property, vehicles, investments, checking and savings accounts, debts and retirement funds as further described herein. - 4 - 8. DEBTS, HUSBAND represents and warrants to WIFE that since the final date of separation he has not and in the future he will not, contract or incur any debt or liability for which WIFE or her estate might be responsible, and he shall indemnify and save WIFE harmless from any and all claims and demands made against her by reason of such debts or obligations incurred by him since April 29, 2005. WIFE represents and warrants to HUSBAND that since the final date of separation she has not and in the future will not, contract or incur any debt or liability for which HUSBAND or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations incurred by her since April 29, 2005. The parties agree that WIFE shall assume responsibility for her individual credit card debt on her Kohl's account and her Cabela's Visa account and WIFE shall indemnify and save HUSBAND harmless from any and all claims and demands made against him by reason of such debts or obligations. The parties agree that, for purposes of this Agreement, the followin!l are marital debts: Providian Visa Discover Card J C Penney Homecomings Home Equity Loan Total $11,778 $8,166 $2,610 $29.244 $51,799 WIFE and HUSBAND acknowledge that HUSBAND has been making payments on the above referenced debts during the parties' separation. HUSBAND and WIFE agree that HUSBAND will continue to pay the above referenced credit cards and the Homecomings home equity loan until these debts have been satisfied by WIFE as provided for in Paragraph 9 of this Agreement. In consideration of HUSBAND assuming responsibility for these debts for the period of separation and until satisfied after the distribution to WIFE, the parties stipulate and agree that HUSBAND shall receive three thousand ($3,000) dollars from WIFE concurrently with the satisfaction of the above listed credit card and home equity debt as provided herein. The parties intend and agree that this payment shall be received by HUSBAND in the form of the payment to HUSBAND in equitable distribution from the 401 (k) plan as specified in Paragraph 9 C. The - 5- parties contemplate that said payment shall not be considered taxable inc;ome to HUSBAND as it is in the nature of equitable distribution. WIFE and HUSBAND agree that these debts will be paid by WIFE within ten (10) business days after her receipt of the distribution of funds from HUSBAND'S 401 (k) account, as provided for in Paragraph 9 of this Agreement. WIFE will provide HUSBAND copies of any and all statements reflecting the complete satisfaction of the debt owed on these accounts. The parties stipulate and agree that any remaining joint credit card accounts will be closed and each creditor shall be instructed in writing not to re-open any previously existing Jloint credit card accounts. 9. RETIREMENT FUNDS, HUSBAND and WIFE stipulate and agree that HUSBAND has a 401(k) profit sharing plan through his employment with Atlas Roofing Corporation, contract number 4-147:25, which had a balance of one hundred four thousand three hundred four dollars and eighty six cents ($104,304.86) on March 31, 2005. For purposes of this Agreement, the parties agree that the March 31, 2005 balance represents the marital value of this asset and that it is invested in the stock market, which means that the value of this asset may fluctuate. If, as the result of stock market activity, the value of the account would drop below ninety six thousand three hundred ($96,300) dollars, the parties agree to return to the Collaborative Law process to negotiate a new agreement with regard to equitable distribution and alimony. After consultation with their respective counsel, consultation with Stephen P. Gift, C.P.A.;C.F.P.;P.P.S. and consideration of the parties' incomes, the parties' resources following the sale of the marital home, the circumstances regarding the creation of the debt, the amount of marital debt and the interest being paid thereon, the parties agree that an actuary will be retained for the preparation of a Qualified Domestic Relations Order (hereinafter "QDRO"), which will be entered as an agreed upon Order of Court and will result in a direct distribution to WIFE in the amount of ninety six thousand three hundred ($96,300) dollars. HUSBAND and WIFE agree that this distribution will be used as follows: A. Full satisfaction of the following debts: Providian Visa $11,778 Discover Card $8,166 J C Penney $2,610 Homecomings Home Equity Loan $29.244 Total $51,799; - 6- B. Twenty one thousand ($21,000) dollars reserved to pay the federal income tax impact on this distribution to WIFE; C. Nineteen thousand two hundred fifty ($19,250) dollars to HUSBAND; and D. Four thousand two hundred fifty ($4,250) dollars to WIFE. Within 30 days of the execution of this Marital Settlement Agreement, HUSBAND's counsel shall arrange for the preparation of a Qualified Domestic Relations Order necessary to effectuate the distribution to WIFE provided herein. Said documents shall be provided to opposing counsel for review and approval prior to its administration. HUSBAND's counsel shall be responsible for arranging the pre-approval of the QDRO, the presentation of the parties' Stipulation for the actual entry of the Order, and the service of the Order upon the pension plan administrator. The parties agree to cooperate in this regard. The parties further stipulate and agree that funds remaining in the 401 (k), whether they be marital or non-marital in nature, shall remain the separate asset of HUSBAND. WIFE hereby waives any and all interest in HUSBAND'S 401 (k) fund not distributed to her via QDRO. 10. LIQUID MARITAL ASSETS. The parties agree that they have no joint bank or credit union accounts and that existing joint accounts and individual accounts have been divided to their satisfaction. Any individual accounts owned by the parties shall become the sole and separate property of the party in whose name the account is currently titled and both parties waive any rights they may have to the bank or credit union account(s) of the other. 11. REAL ESTATE. HUSBAND and WIFE are the owners of a residence at 33 Ashburg Drive, Silver Spring Township, Mechanicsburg, Cumberland County, Pennsylvania, which is marital property. HUSBAND and WIFE agree that the approximate balance on the mortgage was one hundred five thousand five hundred seventy five dollars and twenty one cents ($105,575,21) on June 1, 2005. The parties stipulate and agree that the - 7 - residence will be sold but that settlement shall not occur until after the satisfaction of the Homecomings home equity loan. In the event that the residence is sold prior to distribution of the 401(k) to WIFE, the Homecomings home equity loan shall be paid from the proceeds at settlement and WIFE shall receive her $30,000 distribution from the 401(k) distribution. The payment to HUSBAND at settlement on the residence is equal to 100% of the net proceeds after satisfaction of the first mortgage and home equity loan, if the home equity loan is not satisfied prior to time of settlement. In the event that the Home equity loan is paid from the proceeds on the sale of the residence, rather than from the 401 (k) distribution, the difference between the amount of the home equity loan payoff and $30,000 will be subtracted from the $19,250 due to HUSBAND at the time of the 401 (k) distribution. Until such time as settlement has occurred, WIFE shall be responsible for payment of the first mortgage, utilities and maintenance thereon, up to and including the month of settlement. Following settlement, the parties agree that WIFE shall be entitled to receive up to the first thirty thousand ($30,000) dollars of proceeds, less costs of sale. For purposes of this Agreement, "costs of sale" shall be defined as 1% transfer tax and real estate commission up to 7%. The parties further agree that HUSBAND shall receive any amounts in excess of thirty thousand dollars ($30,000) in net proceeds and 100% of any insurance, tax or mortgage escrow refunds. WIFE shall extend her diligent cooperation in the showing and sale of the residence in order to have the parties receive the best selling price the market will bear. 12. PERSONAL PROPERTY. HUSBAND and WIFE agree that WIFE has retained the vast majority of the household goods and that HUSBAND is satisfied that he has received the household goods which he desires. Each party agrees that the present distribution of personal property and household goods is, under the circumstances, fair and equitable. HUSBAND and WIFE agree that neither will seek further distribution of the household goods or personal property at either the marital residence or at HUSBAND'S residence. 13. AUTOMOBILES. HUSBAND and WIFE agree that WIFE will retain the value of the vehicle which she is presently driving. WIFE shall be solely responsible for all costs associated with the vehicle, to include insurance, maintenance, and other costs or fees related to the vehicle. - 8 - HUSBAND and WIFE agree that HUSBAND shall retain the vehicle which he is presently driving. HUSBAND shall be solely responsible for all costs associated with the vehicle, to include insurance, maintenance and other costs or fees related to the vehicle. 14. ALIMONY/SPOUSAL SUPPORT, Both parties are presently employed full time and are capable of maintaining such employment. Each party has disclosed their present income and each has had the opportunity to ask any questions that they may desire of the other spouse regarding income. Until such time as the decree in divorce is entered, HUSBAND shall pay WIFE one thousand ($1000) dollars per month in spousal support. The parties stipulate and agree that HUSBAND shall pay WIFE alimony for sixty (60) consecutive months commencing the second day of the first month following the entry of the decree in divorce. HUSBAND shall make two payments per month to WIFE in the amount of three hundred seventy five ($375) dollars via U. S. Mail on the 2nd and 18th day of each month. HUSBAND and WIFE agree and intend that these payments shall be tax deductible to HUSBAND and includable in WIFE'S income for purposes of federal income taxation. The amount of the monthly payment shall not be modifiable. However, WIFE and HUSBAND agree that the alimony payments shall terminate upon the happening of one or more of the following circumstances: WIFE'S cohabitation for a period of thirty (30) days or more; the death of either party; or WIFE'S remarriage. For purposes of this agreement, cohabitation shall be defined as financial, social and sexual interdependence where parties actually reside together in the nature of husband and wife, assuming the rights and duties generally associated with a marriage relationship. Except as provided herein, HUSBAND and WIFE waive any and all claims to alimony, spousal support, separate maintenance, and alimony pendente lite. 15. 2005 TAXES AND PAST TAXES. The parties intend to finalize the divorce during 2005 and intend to file separate tax returns for 2005. Prior to entering this Agreement, the parties consulted with Stephen P. Gift for purposes of tax planning for the distribution provided to WIFE in Paragraph 9. WIFE shall be solely responsible for the tax impact of the distribution to her in Paragraph 9 and shall utilize the extra funds provided to her in the distribution to do so, Should the amount of taxes to be paid be in excess of the estimate provided by Mr. Gift due to a change in - 9 - the law, an error in the estimate, or unanticipated taxable income earned or received by WIFE, the parties agree to share in the excess tax burden equally. However, HUSBAND shall not be responsible for any taxes should WIFE fail to use funds designated for tax payments as agreed. Should the taxes estimated by Mr. Gift be in excess of the obligation and create an overpayment and refund due to WIFE, the refund shall be divided equally between the parties. Except as otherwise provided herein, WIFE shall indemnify and hold HUSBAND harmless from and against any loss or liability for any tax assessment, deficiency, assessment, interest, penalty, or expense incurred in connection therewith. The parties have heretofore filed joint Federal and state tax returns. WIFE and HUSBAND warrant that they have paid all taxes on prior returns through the calendar year ending December 31, 2004; that they do not owe any interest or penalties thereon; and that no tax deficiency proceeding or audit is pending or notice thereof received. HUSBAND and WIFE shall give each other prompt notice of any deficiency assessment which they individually or collectively become aware. The parties agree that should it ultimately be determined that any deficiency andlor penalty exists with respect to any jointly filed returns, the party responsible for the erroneous preparation andlor non-disclosure of information which has resulted in the deficiency andlor penalty, shall be solely responsible for the payment of the amount ultimately determined to be due, together with interest, as well as expenses that may be incurred to contest the assessment. If deficiencies or penalties become due as a result of individually filed returns, the party who filed the return shall be solely responsible for all sums due, and shall indemnify and hold harmless the other party for any payment thereon. 16. COOPERATION. WIFE and HUSBAND shall mutually cooperate with each other in order to carry through the terms of the Agreement, including but not limited to the signing of documents. 17. ATTORNEY FEES. EXPERT FEES. ACTUARIAL SERVICES AND COURT COSTS. HUSBAND has paid for a the preparation of this Agreement. WIFE paid the fees associated with the preparation and filing of the Complaint in Divorce. HUSBAND and WIFE shall each be responsible for paying in advance for one half of the anticipated five hundred ($500) expenses associated with preparation of the QDRO needed to effect the intent of this agreement. In the event that the actuarial expenses associated with the preparation and pre-approval of the QDRO would exceed five hundred ($500) dollars, HUSBAND will pay the remaining balance due. Each party shall promptly pay one half of the bill for Steven - 10- Gift's services incurred on August 22, 2005. HUSBAND shall be responsible for the preparation of the documents necessary to finalize the Decree in Divorce. Each party hereby agrees to be solely responsible for the balance of his or her own counsel fees, costs and expenses. Neither shall seek contribution thereto from the other party except as otherwise expressly provided herein. 18. ATTORNEYS' FEES FOR ENFORCEMENT. In the event that there is a dispute regarding the Agreement, the parties agree to return to the Collaborative Law Process to address their concern(s). However, in the event that the parties are unable to resolve the dispute in the Collaborative Law process and either party breaches any provisions of this Agreement and the other party retains counsel to assist in enforcing the terms thereof, the breaching party will pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs, if applicable) which are incurred by the other party in enforcing the Agreement, whether enforcement is ultimately achieved by litigation or by amicable resolution. However, the alleged breaching party shall not be required to pay the other party's attorney's fees, costs and expenses of the other party in the absence of a written demand to cure the breach provided to the counsel of record or to the party alleged to be in breach at their last known address. Demand shall be adequate if it is sent via certified mail to the alleged breaching party, or by regular U. S. mail to counsel of record, and provides at least fourteen (14) calendar days for compliance. For purposes of this provision, and in absence of notice to HUSBAND to the contrary, the presumptive correct address for notice to the WIFE shall be: Sharon K. Rider 33 Ashburg Drive Mechanicsburg, PA 17050 For purposes of this provision, and in absence of notice to the WIFE to the contrary, the presumptive correct address for notice to the HUSBAND shall be: Michael D. Rider 16 Regency South Carlisle, PA 17013 In absence of a notice to the other party of change of address, a breaching or alleged breaching party shall not be relieved of obligation for attorney's fees, costs and expenses under this paragraph for failure to receive written demand. -11- . ' It is the specific Agreement and intent of the parties that a breaching or wrongdoing party shall bear the obligation of any and all costs, expenses and reasonable counsel fe,es incurred by the non breaching party in protecting and enforcing his or her rights under this Agreement. 19. WAIVER OF RIGHTS. Both parties hereby waive the following procedural rights: (a) The right to obtain an inventory and the appraisement of all marital and non- marital property; (b) The right to obtain an income and expense statement of either party; (c) The right to have all property identified and appraised; (d) The right to discovery as provided by the Pennsylvania Rules of Civil Procedure and the Pennsylvania Divorce Code, including but not limited to, written interrogatories, motions for production of documents, the taking of oral deposition, any all other means of discovery permitted under the law; and (e) The right to have the court make all determinations regarding marital and non- marital property, equitable distribution, spousal support, alimony pendente lite, alimony, counsel fees and costs and expenses. 20. VOID CLAUSES. If any term, condition, clause or provision of this Agreement, shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 21. APPLICABLE LAW, This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. - 12 - . . 22. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 23. CONTRACT INTERPRETATION, For purposes of contact interpretation and for the purpose of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties. 24. MODIFICATION. No modification of this Agreement shall be valid or enforceable unless it is written and executed with the same formality as the original Agreement itself. IN WITNESS WHEREOF, the parties hereto have set their hands and seals of the day first written above. Witness ~ (,U,(1( -J<, ~J-'J1R haron K. Rider '~D{;"'? ,/2':) Witness :257655 - 13- . . COMMONWEALTH OF PENNSYLVANIA COUNTY OF (fA/rt/ch-(J; k,-~c1 ss. On the [I) lA-day of )ej:?-k.l~A~I;'x/J2005 before me, a Notary Public in and for the . Commonwealth of Pennsylvania, the undersigned officer, personally appeared SHARON K, RIDER, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and she acknowledges the foregoing instrument to be her free act and deed. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. COMMQNwWTH OF PENNSYlVANIA TARIAl.. SEAL I ~ Zltg/er, NOIlIry PllbUc "';":!!!!.d~' CCllllberlaIld County -....- &pi,.. Nov, 7. ZOOs , oane. COMMONWEALTH OF PENNSYLVANIA COUNTY oFtJJrrnkl k.<-f'.d) On the / 67L day Of..}.; j/f....fU ~ /, 2005, before me, a Notary Public in and for the Commonwealth of Pennsylvania, the undersigned officer, personally appeared MICHAEL D. RIDER, known to me (or satisfactorily proven) to be one of the parties executing the foregoing instrument, and he acknowledges the foregoing instrument to be his free act and deed. ss. IN WITNESS WHEREOF, I have hereunto set my hand an notarial seal the day and year first above written. 11 CO~OF~VANIA NOTARIAl.. SEAL I ~~~ L. Ziegler, No1ary PllbUc M;';::!:.~~,~, CumberIIIld CountY -'''"-Of! exp/,.. Nov. 7,2045 . Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-3477 CIVIL TERM SHARON K. RIDER, v. CIVIL ACTION - LAW MICHAEL D. RIDER, IN DIVORCE Defendant MOTION FOR ENTRY OF ORDER UPON STIPULA TION AND NOW, comes Michael D. Rider, by and through his attorneys, Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation for the entry of a Qualified Domestic Relations Order entered between Plaintiff and Defendant, a copy of which is attached hereto and marked as Exhibit "A". Respectfully submitted, Date: November 18, 2005 IE, STEWART & WEIDNER ~k~ Melissa Peel Greevy Attorney I.D. No. 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Defendant :263267 CERTlFICA TE OF SERVICE l (l0fl AND NOW, this ~ day of November, 2005, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dawn S. Sunday, Esquire 39 West Main Street Mechanicsburg, PA 17055 ~Y..-. '-. Melissa Peel Greevy l EXHIBIT "A" ~ Sharon K. Rider Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CML ACTION - LAW Michael D. Rider Defendant NO. 05-3477 QUALIFIED DOMESTIC RELATIONS ORDER 1. This Order relates to the provision of marital property rights 1;0 the Alternate Payee. 2. 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 which is intended to be qualified under Internal Revenue Code of 1986 ("Code") s401(a), The Court intends this order to be a Qualified Domestic Relations Order ("QDRO") within the meaning of Code S414(p) and S206(d) of the Employee Retirement Income Security Act of 1974 as amended ("ERISA"). The Court enters this QDRO pursuant to its authority under the 23 Pa.C,S.A. S3502. 3. This QDRO applies to the Atlas Roofing Corporation 401(k) Profit Sharing Plan ("Plan"). Further, this Order shall apply to any successor plan to the Plan or any other planes) to which liability for provision of the Participant's benefits described below is incurred. Any benefits accrued by the Participant under a predecessor plan of the employer or any other defined contribution plan sponsored by the Participant's employer, whereby liability for benefits accrued under such predecessor plan or other defined contribution plan has been transferred to the Plan, shall also be subject to the terms of this Order, Any changes in Plan Administrator, Plan sponsor, or name ofthe Plan shall not affect Alternate Payee's rights as stipulated under this Order, 4. Michael D. Rider ("Participant") is a participant in the Plan. Sharon K. Rider ("Alternate Payee"), the former spouse of the Participant, is the alternate payee for purposes of this QDRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Michael D. Rider 16 Regency South Carlisle, PA 17013 Social Security #: 196-48-3258 Date of Birth: February 15, 1958 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: 'QDRO Page 2 Sharon K. Rider c/o Dawn S. Sunday, Esquire 39 w. Main Street, Mechanicsburg, PA 17055 Social Security #: 166-52-2386 Date of Birth: March 27, 1959 The Alternate Payee shall have the duty to notify the Plan Administrator in writing of any changes in this mailing address subsequent to the entry of this Order. 7. The portion of the Participant's plan benefits payable to the Alternate Payee under this QDRO is $96,300 of the Participant's account balance under the Plan as of October 1, 2005. 8, This QDRO does not require the Plan to provide any type or form of benefit the Plan does not otherwise provide, 9, This QDRO does not require the Plan to provide increased benefits, 10, This QDRO does not require the Plan to pay any benefits which another order previously determined to be a qualified domestic relations order requires the Plan to pay to another alternate payee, 11. The Plan shall distribute to the Alternate Payee her benefits (as designated in Paragraph 7 of this Order), as soon as administratively feasible following the Plan Administrator's approval of this Order. 12. The distribution pursuant to an election by the Alternate Payee shall be a lump sum payment to her, 13, On and after the date that this order is deemed to be a QDRO, but before the Alternate Payee receives her 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 right to name a beneficiary and the right to direct her Plan investments to the extent permitted under the Plan. 14, 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, It is the intention of the parties that this QDRO continue to qualify as a QDRO under Code S414(p), as it may be amended from time to time, and that the Plan Administrator shall reserve the right to reconfirm the qualified status of the order at the time benefits become payable hereunder. 16. In the event that the Plan inadvertently pays to the Participant any benefits that are assigned to the Alternate Payee pursuant to the terms of this order, the Participant shall i=ediately reimburse the Alternate Payee to the extent that he has received such benefit payments and shall forthwith pay such amount so received directly to the Alternate Payee within ten nO) days of receipt. QDRO Page 3 In the event that the Plan inadvertently pays to the Alternate Payee any benefits that are assigned to the Participant pursuant to the terms of this order, the Alternate Payee shall immediately reimburse the Participant to the extent that she has received such benefit payments and shall forthwith pay such amount so received directly to the Participant within ten (10) day of receipt. 17. After payment of the amount required by this QDRO, the Alternate Payee shall have no further claim against the Participant's interest in the Plan, 18, The Alternate Payee assumes sole responsibility for the tax consequences of the distribution under this QDRO, 19, The Alternate Payee's right to the amount assigned to her under this QDRO shall not be affected by the Participant's death (whether before or after benefit payments to the Alternate Payee have co=enced), In the event of the Alternate Payee's death prior to the commencement of benefit payments to the Alternate Payee pursuant to this QDRO, the Plan shall pay the remaining benefits under this QDRO as soon as practicable to any beneficiary designated by the Alternate Payee and recorded with the Plan Administrator under the terms of the Plan, If no designated beneficiary survives the Alternate Payee, benefits shall be paid to the Alternate Payee's estate. 20, The Plan shall treat this QDRO in accordance with Code 9414(p)(7). While the Plan is determining whether this order is a qualified domestic relations order, the Plan Administrator shall separately account for the amounts which would have been payable to the Alternate Payee while the Plan is determining the qualified status of this QDRO, 21. The Plan Administrator promptly shall notify the Participant and the Alternate Payee of the receipt of this QDRO and shall notify the Participant and the Alternate Payee of the Plan's procedures for determining the qualified status of this QDRO. The Plan Administrator shall determine the qualified status of the QDRO and shall notify the Participant and the Alternate Payee of the determination within a reasonable period of time after receipt of this QDRO. . . QDRO Page 4 22. The Court shall retain jurisdiction with respect to this Order to the extent required to maintain its qualified status and the original intent ofthe parties as stipulated herein. Accepted and ordered this day of ,__0 BY THE COURT Judge CONSENT TO ORDER: ~au)~.6~LtC I/-H-of Signature Date DEFENDANTIPARTICIPAN"J) Il~ /' \ f2 I ..~ 0, /~J Signature //.3-us Date PLAINTIFF/ALTERNATE PAYEE (l~- j~J~ Signature 1/-/'1'-0';- Date ATTORNEY FOR DEFENDANT/ PARTICIPANT (") ) ~-, ' ~. fi/as ,_ I/U. A'ITORNEY FOR PLAINTIFF/ ALTERNATE PAYEE Signature M' I. /.'-' -:l?~--.,/,-_ / /---K v()~> .' Date - (;.'] -. ,.", -- cJ"' -' ,------- SHARON K. RIDER, IN TIlE COURT OF CCMMON PLEAS OF CUMBERLAND COUNI'Y, PENNSYLVANIA 05-3477 CIVIL TERM NO. Plaintiff vs. MICHAEL D. RIDER, Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following inforTl1i3tion, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service signed by Defendant's counsel on July 18, 2005 and filed with this Court on November 18, 2005 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 I c) of the Divorce Code: by the plaintiff November 14, 2005 by the defendant NQvember 16, 2005 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. entry of maintain QDRO and 5. Related claims pending: This Court retains jurisdiction with respect to the the agreed upon Qualified Domestic Relations Order and to the extent req\llred to its qualified status and the oriqinal intent of the ~~rties as stipulated in the the Marital Settlement Agreement. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on November 14, 2005 and filed concurrently herewith. Waiver of Notice signed by Defendant on November herewith. Attorney for' ~/Def Melissa Peel Greevy Atty ill #77950 ~- :~-. ., . JI c (. SHARON K. RIDER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO. 05-3477 CIVIL TERM MICHAEL D. RIDER, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service ofthe Divorce Complaint on behalf of Michael Rider and certify that I am authorized to do so. 1/; doe Date / df'71sV L)~ rlt ~ ehssa Greevy, EsqUIre 301 Market Street Lemoyne, P A 17043 , "< h) f'-.) c:....-:> ::..;,.:;;> <,:-"1 c.e. r,) C~) +:+. :+. Of. :+ Of. :+. Of. Of. Of. :+. Of. +. :+. Of. Of. Of. +. :+. +. :+. +. :+. :+. +. :+. +. :+ '+ :+. Of. Of. :+. Of. :+. '+ '+ +. :+. + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +':+':+'++++:+''+++:+':+'+'+++Of.Of.+':+'+':+''++'+:+'++'+''++++++:+'~ OFCUMBERLANDCOUNTY + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + '+ ++:+++:+.:+.+:+:+.+++? IN THE COURT OF COMMON PLEAS STATE OF PENNA, SHARON K. RIDER, Plaintiff No. 05-3477 CIVIL TERM VERSUS MICHAEL D. RIDER, Defendant DECREE IN t '" + + + + + + + + + + + + + + + + + + + + + + + + + + + + DIVORCE .;r 10: s-8' A. ,41. ,J~;;'3 2005 AND NOW, , IT IS ORDERED AND SHARON K. RIDER , PLAINTIFF. DECREED THAT MICHAEL D. RIDER . DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated September 15, 2005 shall be incorporated, but not merged, illtu 1I1i::; Dt:::~It:::t::: ill Divul"'t::: dllJ i~ t:::llrUII..,t:dI.At: d;) dll OIJt:1 ur Cuud 00:> ~IVV;JtJJ ;11 23 Pa.C.S. S310::;. This Court retains jurisdiction with respect to the 0 agreed upon Qualified Domestic Relations Order and to the extent required to ntain its qualifi d status and the original intent of the parties as stipulated in the QDRO and th arita ettlement greemenl. .. "'. '" '" Am:a~l PROTHONOTARY ++:+.:+.:+.+++:+.+.+:+.:+.+.+.++.+:++++++++'+++++:++++:+++:+++.++ J. ';;,r;r;:pr frz? ;;2 ~7H/ ~,P/ k,l r"/ " r pi/I-. SO 'Cf / J ~~~ f1? 1 ~71'~-vJf H;;} /"~} 51J' ~t' /1 . . ... .JI1'"' .. Johnson~, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No, 7795() 301 t\-1arket Street P. 0, Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant SHARON K. RIDER, Plaintiff v. MICHAEL D. RIDER, Defendant 11\1 THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 05-3477 CIVIL TERM CIVIL ACTION -, LA,^f IN DIVORCE MOTION FOR ENTRY OF ORDER UPON STIPULA TION AND NOW, comes Michael IJ. Rider, by and through his attorneys, ..Johnson, Duffie, Stewart & Weidner, and moves your Honorable Court to enter an Order upon Stipulation to Terminate Alimony, a copy of which is attached hereto and marked as Exhibit "A". The undersigned represents that Plaintiff's counsel concurs with this Motion, Date: /./ZIi<:~/iJ- J 'I :292371 Respe)itfGIlY SUb'~itted, ! JOHJsO~,~~FIE, ST~ART & WEIDNER I ! J ' ! /. (./ r J/"" ", . l By,,_ "'--'" (' ,/.- i " '------- -- Melissa Peel Greevy Attorney 1.0, No, 77950 301 Market Street Post Office Box 109 Lemoyne, PA 17043-0109 (717) 761-4540 Attorney for Plaintiff '" CERTIFICA TE OF SERVICE AND NOW, this ) t0~'~y of February, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion for Entry of Order upon Stipulation upon the other parties of record by causing same to be deposited in the United States Mall, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Dawn S. Sunday, Esquire 39 W, Main Street MElchanicsburg, PA 17055 ---.,.." . ,'- " JOH~N, DU'FIE, STEWART & WEIDNER ," ./ / t, ( 11, > t ./ < 11 ( .t:..~ / -- , ~~Y~/l t ,u, ' )' ~'. ~" . I --+--- Melissa Peel Greevy - Johnson, Duffie, Stewart & Weidner By: wlelissa Peel Greevy 10. \Jo, 77950 301 \larket Street P. O. Box 109 Lemoyl1e, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for the Defendant SHARON K. HIDER IN THE COURT OF COMMON PLEAS OF CUMBER.LAt\JD COUNTY PENNSYLVAr\JIA Plaintiff v. NO. 05-3477 CIVIL TERM MICHAEL D. I~IDER CIVIL PICTION -. LAV\/ Defendant IN DIVORCE:. STIPULtl TION TO TERMINA TE ALIMONY 1, Defendant is Michael D. Rider who currently resides at 16 Re~lency South, Carlisle, Pennsylvania 17013, 2, Plaintiff is Sharon K. Rider who currently resides at '122 Kim Acres Drive. Mechanicsburg., Pennsylvania 17055, 3. The parties were divorced by Decree signed by the Honorable Edward E, ,Guido on II II November 23,2005. 4 II I! II I, II II II II II !\ Ii I' II I, 'I II II II The parties entered a Marital Settlement Agieement (hereinafter the "MSA"), on September 15, 2005. which provided, in Paragraph 14, for alimony to be paid by Defendant to Plaintiff. 5 The MS)\ provides that the alimony payments terminate upon Plaintiffs remarriage. 6 Plaintiff intends to marry James Stepp on February/! , 2007, /., _./ The parties agree that Defendant's alimony obligation to Plaintiff shall be terminated 7 effective January 31, 2007, with prejudice. ~ " 7. The parties agree and intend that the terms of this Stipulation be entered into a Final Order of Court. 8. The parties further stipulate and agree that there shall bEl no circumstance under which this Stipulation and subsequem Order shall be subject to modification, WHEJ':?EFORE, the parties respectfully request this Honorable Court incorporate the terms of the above Stipulation and enter an Or-der to terminate the award of alimony of the above-referenced matter, jfi Wu I I). ,~L / , A/ L //,{" {r h, jj"f/P/Ll..... ;"! / /'(w '{ / _~f4IL.X (, ",-r- I . i. "11 ! .' I ..' I '.7 ". ~ .>,.. ,,/ '"-.... ~~~-'-~---- Sharon K, Rider Michael D. Rider C ! I D~wn~ c~:~;:;;~~~;~er Counsel For Sharon K. Rider II' j" / ~ ( -...------- Melissa Peel Greevy, Esquire Counsel For Michael [), Rider :290267 - 2 - :a ..... ... r MAR 012007(' SHARON K. RIDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff v. NO. 05-3477 CIVIL TERM CIVIL ACTION - LAW MICHAEL D. RIDER, IN DIVORCE Defendant AND NOW, this ORDER OF COURT tI\~ 5' ~ 2007, upon Stipulation of the parties, it is hereby Ordered as follows: 1. The Defendant's alimony obligation to Plaintiff is terminated, with prejudice, effective January 31, 2007. 2. There are no arrears or past due amounts due to Plaintiff. 3. This Order is final and not subject to modification. Edward E. Guido, J. Di r" ution: n S. Sunday, Esquire 39 W. Main Street, Mechanicsburg, PA 17055 elissa P. Greevy, Esquire P.O. Box 109 Lemoyne, PA 17043-0109. }. I" Ir""'/, ,.... .-'. :",.-. ~'n"" \lJ\~; ::,_.' - ',.. -'("-1>'~4!:'~~:: tv Z I :2 t~d s- HVW LOOl Al:J\1.1'" " ", .'" 'd "'f-U :10 ' 'I\!' }'L", "-'.' ... Vi.'..... ~ ~.. '.....1>,...) ....H- ::Jr11-l.J(';-n::nl-l