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HomeMy WebLinkAbout06-1571JENNIFER L. BAKER, Plaintiff V. JOHN D. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OL - I E,,71 CIVIL TERM 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 JENNIFER L. BAKER, Plaintiff V. JOHN D. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OLo -I s7/ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Jennifer L. Baker, an adult individual currently residing at 2097 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is John D. Baker, an adult individual currently residing at 212 Overfield Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafrde resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 22, 1988 in Cumberland County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman-Snyder, Esq ire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle. PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. DATE: 3 q - 0 b J,/ JENNIFER L. BAKER, Plaintiff ?> ?_, / v ?? _Y 1{?1? (?\j i.? _,_,_ I??' V ,_. CI ?` t 1_ ? ?. ? -? ?? ?? 0 :? ? `\\\\ r ? :.? / 1 ? c' '?=;; v, ? `J .< i JENNIFER L. BAKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW JOHN D. BAKER, : NO. 06-1571 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 28`h day of March, 2006, comes Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, and states that a true and attested copy of a Complaint in Divorce was sent to Defendant, John D. Baker, at his address of 212 Overfield Drive, Carlisle, Pennsylvania, by certified mail, turn receipt requested. A copy of said receipt is attached hereto indicating service was made on March 25, 2006. F.f n n ?? a? h ??. Oil R1 R R? - ? ln,AdFI i? ?1 Hannah Herman-Snyder, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 N.. Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this day of I / IZ24 1 12006 NO ARY R BLIC NOTARIAL SEAL NOT ECATRL SILLE BORON CUMBER ND COUNTY MMISSION EXPIRES APRIL 17 2007 S . Post al Service CE RTIFI ED MAIL R ECET Dnm esfir M ail Only: No Insuran ce Cncev- rs?,a,• I ? J I, 4o _ P ?bnart. Return R t F ED lFn ,orse,F, , R , „ g O R- i ed Del e y F M IE d seie i H 1 d M1 Total Postage 8 Fees Sent To h t I /!fi t ee,apr N?° i P" o sate; zF.iti?i??? ¦ Complete items 1, 2, and 3. Also complete ftem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Att ',-h this card to the back of the mailpiece, or on the front if space permits. A. X ? Agent 1. Paticle Addressed to: dHMq?. aW ?i,? DKgV-U11,14. b A qt 3 B. Rec ived y (PAn f Name) C. Date of DellveN D. Is delNery address ci ferent from item 1? ? yes If YES, enter delivery address below: ? No , 3. Se Type Certified mall ? Ex M Mail i ? Registered se ,turn Receipt for Merchand ? Insured Mall ? C.O.D. 4. Restricted Delivery? tBdm Fee) es 2. Article (Transfer from service I&W . / CCD I k /G' ` CC? a 7 7 ???li? -- PS Form 3811, August 2001 Domestic Return Receipt 102595.02-W1540 G? iYn C.J 1. ti Q JENNIFER L. BAKER, Plaintiff V. JOHN D. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1571 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on March 20, 2006, and service was made on March 25, 2006 by restricted delivery, certified mail. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 .;?-16--6(j JENNIFER L. BAKER, Plaintiff C Ca -"7 - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Jennifer L. Baker Plaintiff NO. 06-1571 VERSUS John D Baker, Defendant DECREE IN DIVORCE AND NOW, Oe-C-e^? IL'r 1(o , IWO , IT IS ORDERED AND DECREED THAT Jennifer L. Baker , PLAINTIFF, AND John D. Baker ARE DIVORCED FROM THE BONDS OF MATRIMONY. 7 DEFENDANT, 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 parties' Property Settlement Agreement entered into on December 15, 2006 is incorporated herein, but not merged. BY THE COURT: ATTEST: PROTHO ,•' ' JENNIFER L. BAKER, Plaintiff V. JOHN D. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-1571 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 IN THE FOREGOING 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: 6 UU JE IFER L. BAKER, Plaintiff r•^A t°+? '°`? i ? ` QY .i ?`?`{? - .....n ! t`. -_. _ ' ? ?" .. ^1 JENNIFER L. BAKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-1571 CIVIL TERM JOHN D. BAKER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 20, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of 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 I do not claim them before the divorce is granted. 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: P& John D. czm ?? rz ?, JENNIFER L. BAKER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-1571 CIVIL TERM JOHN D. BAKER, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 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 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: d 6 John er C) s ? tr ? L1 1 L i N t? • 1 PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this ?ay of , 2006, by and between John D. Baker, of 212 Overfield Drive, Carlisle, Cumberland, County, Pennsylvania (hereinafter referred to as "HUSBAND") and Jennifer L. Baker, of 2097 Ritner Highway, Carlisle, Cumberland County, Pennsylvania (hereinafter referred to as "WIFE"): WITNESSETH: WHEREAS, the parties were married on December 22, 1988, in Carlisle, Cumberland County, Pennsylvania; and WHEREAS, two (2) children have been born of this marriage, namely, Ethan Baker, born February 9, 1995, and David Baker, born June 24, 1998; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of WIFE and HUSBAND to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of WIFE by HUSBAND or of HUSBAND by WIFE; settling of all matters between them relating to the past, present, and future support and/or maintenance of the children; the implementation of custody and visitation arrangements for the minor children of the parties; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound hereby covenant and agree as follows: 1. SEPARATION: HUSBAND and WIFE shall at all times hereafter have the right to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit, free from any control, restraint or interference whatsoever by the other. Neither party shall molest the other or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either HUSBAND or WIFE of the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, nor in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other, and each of the parties hereto completely understands and agrees that neither shall do or say anything to the children of the parties at anytime which might in any way influence the children -2- adversely against the other party, it being the intention of both parties to minimize the effect of any such separation upon the children. 3. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not be considered to affect or bar the right of HUSBAND or WIFE to a divorce on lawful grounds as such grounds now exist or shall hereafter exist or to such defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences which have occurred prior to or which may occur subsequent to the date hereof. 4. SUBSEQUENT DIVORCE: The parties hereby acknowledge that WIFE has filed a Complaint in Divorce in Cumberland County to Docket No. 06-1571, claiming that the marriage is irretrievably broken under Section 3301(c) of the Pennsylvania Divorce Code. Both parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301(c) of the Divorce Code at the same time as they execute this Agreement. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. -3- Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 5. INCORPORATION IN DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This Agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 6. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement at the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. -4- 7. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date", which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 8. MUTUAL RELEASE: HUSBAND and WIFE each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as a testamentary gift, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of -5- the marital relationship or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 9. ADVICE OF COUNSEL: The provisions of this Agreement and its legal effect have been fully explained to the parties by their respective counsel; Kristopher T. Smull, Esquire, for HUSBAND and Hannah Herman-Snyder, Esquire, for WIFE. HUSBAND and WIFE acknowledge that this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. The parties further acknowledge that they have each made to the other a full accounting of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purpose of this Agreement. Each party agrees that he or she shall not, at any future time, raise -6- as a defense, or otherwise, the lack of such disclosure in any legal proceeding involving this Agreement, with the exception of disclosure that may have been fraudulently withheld. 10. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 11. WARRANTY AS TO FUTURE OBLIGATIONS: HUSBAND and WIFE covenant, warrant, represent and agree that with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 12. DEBT OF THE PARTIES: HUSBAND hereby indemnifies WIFE against, and agrees to assume sole liability and responsibility for, all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by HUSBAND for the benefit of himself, except -7- as provided herein. Specifically, HUSBAND shall be responsible for the mortgage on the marital home with Sovereign Bank. HUSBAND shall not and will not hereafter incur or cause to be incurred for the benefit of himself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of WIFE. WIFE hereby indemnifies HUSBAND against and agrees to assume the sole liability and responsibility for all debts, obligations or liabilities of any nature whatsoever heretofore or hereafter incurred by WIFE for the benefit or herself, except as provided for herein. WIFE shall not and will not hereafter incur or cause to be incurred for the benefit of herself, except as provided for herein, any debts, obligations or liabilities of any nature whatsoever, whether for necessaries or otherwise, upon the credit of HUSBAND. 13. PERSONAL PROPERTY: The parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Should it become necessary, the parties each agree to sign any titles or documents necessary to give effect to this paragraph upon request. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which -8- is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 14. DIVISION OF REAL PROPERTY: WIFE agrees to transfer all her right, title and interest in and to the real estate situated at 212 Overfield Drive, Carlisle, Cumberland County, Pennsylvania, now titled in the name of HUSBAND and WIFE as tenants by the entireties, to HUSBAND and agrees to immediately execute now, and in the future, any and all deeds, documents or papers necessary to effect such transfer of title upon request. WIFE further acknowledges that she has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future. HUSBAND hereby covenants and agrees to assume and pay in full the remaining balance of the mortgage now existing and presently constituting a lien upon and encumbering the same premises, such mortgage being owed and payable to Sovereign Bank, and further covenants and agrees that he will indemnify and save WIFE harmless from any and all liability, expense, cost, or loss whatsoever, as a result of his non-payment of, or non-performance of, said mortgage and said mortgage conditions. HUSBAND shall refinance said mortgage, or otherwise remove WIFE's name therefrom, within One Hundred and Twenty (120) days of the signing of this Agreement. WIFE shall execute a deed transferring her right, title and interest in the property to HUSBAND, which shall be held in escrow by WIFE's attorney until the time of said refinancing. -9- 15. BANK ACCOUNTS: HUSBAND and WIFE acknowledge that they each possess certain bank accounts and the like in their respective names. They hereby agree that each shall become sole owner of their respective accounts and they each hereby waive any interest in, or claim to, any funds held by the other in such accounts. 16. PENSIONS. ANNUITIES AND/OR RETIREMENT BENEFITS: WIFE agrees that any monies which HUSBAND has acquired through his interests in either pensions, profit sharing, savings and thrift plans, annuities and/or retirement benefits through his present or past employers shall remain his sole and exclusive property. WIFE agrees to waive any interest she may have in such property and further agrees that she will not assert any such claim in the future. Specifically, WIFE waives any interest in HUSBAND's SERS Pension and HUSBAND's Defined Contribution Plan through TIAA CREF. WIFE is currently the owner of a Defined Contribution Plan through TIAA CREF. WIFE agrees to transfer a total of Twenty-Four Thousand and 00/100 ($24,000.00) Dollars, which shall not include interest or market growth from the date of the signing of this Agreement through the date of implementation of a Qualified Domestic Relations Order (QDRO), to HUSBAND from her TIAA CREF Defined Contribution Account. HUSBAND shall be entitled to receive any growth on the $24,000.00 that occurs after the segregation of said funds but before the date of transfer to Husband. The parties will endeavor to transfer the said sum from WIFE's TIAA CREF account to HUSBAND's TIAA CREF account without the need for a QDRO; however, if the parties are unable to do so, they agree to share equally the cost of preparation of a QDRO. The parties agree -10- to employ Harry M. Leister Jr., of Conrad Siegel Actuaries, to prepare said QDRO. The form of the order shall be set forth in a stipulation which will be signed by both parties, subject to the prior approval of their respective counsel and the plan administrator, and entered as an Order of Court. The parties shall cooperate in the transfer of funds by executing any and all documents necessary to same. WIFE shall not remove or transfer any funds from said plan until the transfer to HUSBAND has been completed. HUSBAND hereby acknowledges he has no further claim, right, title or interest whatsoever in the Defined Contribution Account of WIFE and agrees to never to assert any claim to the asset in the future. 17. MOTOR VEHICLES: With respect to the motor vehicles owned by one or both of the parties, they agree as follows: (a) The Volkswagen Beetle shall be and remain the sole and exclusive property of WIFE; (b) The Jeep shall be and remain the sole and exclusive property of HUSBAND. The titles to the said motor vehicles shall be executed by the parties, if appropriate for affecting transfer as herein provided, on the date of execution of this Agreement, and said executed title shall be delivered to the proper party on the distribution date. Each party agrees to be solely responsible for the amounts presently due and owing against his or her respective automobile. 18. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in -11- him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 19. ALIMONY, SPOUSAL SUPPORT, ALIMONY PENDENTE LITE AND CHILD SUPPORT: HUSBAND is presently receiving spousal support from WIFE in the amount of Two Hundred Twelve and 33/100 ($212.33) Dollars a month. HUSBAND agrees that he shall withdraw his claim for spousal support, effective on the date of the signing of this Agreement. HUSBAND shall provide the Domestic Relations Section of Cumberland County with a copy of this Agreement and insure that all spousal support payments are removed from the Order. The parties agree that WIFE's child support payment shall be set at Eight Hundred and Seventy- One ($871.00) Dollars per month and shall continue, uninterrupted, under the present Support term and number. In all other respects the current Order of Support shall remain unchanged. HUSBAND and WIFE recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to their support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives from all claims and demands, past, present or future, for alimony or for any provision for support or maintenance, except as specifically provided for herein. The parties further acknowledge that in consideration of the transfers made herein each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, and spousal support, except as specifically provided for herein. -12- 20. COUNSEL FEES: Neither party shall have any liability to the other for the reimbursement for attorney's fees incurred by the other party in connection with the negotiation and preparation of this Agreement or in the connection with any legal or equitable proceeding between the parties which have proceeded the execution of this Agreement. 21. INCOME TAX PRIOR RETURNS: The parties have heretofore filed joint Federal and State tax returns. Both parties agree that in the event any deficiency in Federal or State income tax is proposed, or any assessment of any such tax is made against either of them, each will indemnify and hold harmless the other from and against any loss or liability for any such tax deficiency or assessment and any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be the cause of the misrepresentations or failures to disclose the nature and extent of his or her separate income on the aforesaid joint returns. 22. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in -13- this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of the said Act. 23. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 24. BREACH: If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 25. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, dower, curtesy, statutory allowance, widow's allowance, widower's allowance, right to take in intestacy, right to take against the Will of the other, and the right to act as administrator or executor of the other's estate. Each party will, at the request of the other, -14- 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 interests, rights and claims. 26. 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. 27. FINANCIAL DISCLOSURE: The parties confirm that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. The parties acknowledge that there has been no formal discovery conducted in their pending divorce action and that neither party has filed an Inventory and Appraisement as required by Section 3505(b) of the Pennsylvania Divorce Code. Notwithstanding the foregoing, the rights of either party to pursue a claim for equitable distribution, pursuant to the Pennsylvania Divorce Code, of any interest owned by the other party in an asset of any nature at any time prior to the date of execution of this Agreement that was not disclosed to the other party or his or her counsel prior to the date of the within Agreement is expressly reserved. In the event that either party, at any time hereafter, discovers such an undisclosed asset, that party shall have the right to petition the Court of Common Pleas of Cumberland County to make equitable distribution of said asset. The non-disclosing party shall be responsible for payment of counsel fees, costs or expenses incurred by the other party in seeking equitable distribution of said asset. -15- Notwithstanding the foregoing, the Agreement shall in all other respects remain in full force and effect. 28. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 29. ADDITIONAL INSTRUMENTS: Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 30. 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. 31. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent Agreement. -16- 32. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent defaults of the same or similar nature. 33. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 34. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. (SEAL) WIT S John D. tler (), '1/ &41 (SEAL) WITNESS ennifer L. Baker -17- COMMONWEALTH OF PENNSYLVANIA) COUNTY OF ) SS: On this, the//day o , 2006, before me, a Notary Public, the undersigned officer, personally appeared John D. Baker, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public NOTARIAL SEAL CITY HARRISBURG, DAUPHIN CO. E Y COMMISSION EXPIRES OCT. 24, 2005 COMMONWEALTH OF PENNSYLVANIA) COUNTY OF Cj SS: On this, the day of I UQ? , 2006, before me, a Notary Public, the undersigned officer, personally appeared Jennifer L. Baker, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing Property Settlement Agreement and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set m 7dand official seal. COMMONWEAL1 H OF PENNSYLVANIA f '.'_ . /V)- ?/ NOTARIAL SEAL Notary Public DAWN M. CAREY, Notary Public N y COMWAS??eExpires Nov. 28, 20 0 -18- i JENNIFER L. BAKER, Plaintiff V. JOHN D. BAKER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-1571 CIVIL TERM 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) 3301(d)(1) of the Diver-ce Cede. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on March 25, 2006. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff. 12/15/06 by Defendant: 12/11/06 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit record, a copy of which is attached: (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 21, 2006 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: December 21, 2006 Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff ?+a Cr c"i i J.-- Cm3 !i 5 ?Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jennifer L. Baker Plaintiff CIVIL ACTION - LAW IN DIVORCE VS. John D. Baker Defendant NO. 06-1571 QUALIFIED DOMESTIC RELATIONS ORDER (QDRO) AND NOW, this 111 V% day of 200 , it appears to the Court as follows: I . The parties hereto were husband and wife, seek this Order in conjunction with a Decree of Divorce dated December 26, 2006. 2. Jennifer L. Baker, Social Security No. xxx-xx-xxxx, hereinafter referred to as "Participant" is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA C2022261 CREF U2022269 TIAA L0802359 CREF M0802357 Jennifer Baker's current and last known mailing address is 2097 Ritner Highway, Carlisle, PA 17013 and her daytime phone number is (717) 258-3921. 3. The Alternate Payee is John D. Baker, whose current and last known mailing address is 212 Overfield Drive, Carlisle, PA 17013. The alternate Payee's Social Security No. is xxx-xx- xxxx. His date of birth is May 5, 1967, and his daytime phone number is (717) 243-0006. 4. To accommodate the marital property distribution between the parties IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property. B. Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity accumulations for the marital portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: QDRO Page 2 $24,000.00 of the accumulation under CREF U2022269 as of December 15, 2006. The values actually transferred will reflect interim investment experience from December 15, 2006, until the transfer is recorded by TIAA-CREF. The TIAA Traditional accumulation will increase over time, where as the TIAA Real Estate and CREF accumulations may increase or decrease, reflecting the performance of the underlying investments. C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All ownership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designation of the Alternate Payee's annuities will be his estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro rata. The Alternate Payee may change the investment allocation once his annuities are issued in accordance with the contributing employer's plan. D. Termination of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. i. As of the date of TIAA-CREF's receipt of the QDRO, all TIAA-CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation. E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right to receive a single-sum withdrawal and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan. F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for the same. 5. This Order: A. Does not require any plan to provide any type of form of benefit, or any options not otherwise provided under the plan; and B. Does not require TIAA-CREF to provide increased benefits; and QDRO Page 3 C. Does not require the payment of benefits to an Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order. D. If any portion of this Order is rendered invalid, the balance of the Order will remain fully enforceable. 6. This Court reserves jurisdiction to issue further orders as needed to execute this Order. By the Court Participant Alternate Payee Date 1114 693 Date I l 6 / Date 13 8 )r"Aus .;y I ./40 ?7v )03 .21 ew 9 Z C 1,1d "ZI 14 "S!p L" 0,11i