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HomeMy WebLinkAbout06-5133 v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. a,- 51.33 . CIVIL TERM : IN DIVORCE KRISTEN LEE PINDER, Plaintiff DAVID M. PINDER, Defendant 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHEREYtlU CAN GET LEGAl. HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 KRISTEN LEE PINDER, Plaintiff v : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O~.oIJ3 CIVIL TERM : IN DIVORCE DAVID M, PINDER, Defendant COMPLAINT UNDER SECTION 3301(C ) OR (D) OF THE DIVORCE CODE Plaintiff, Kristen Lee Pinder, by her attorney, Lindsay D, Baird, Esquire, sets forth the following: 1 Plaintiff, Kristen Lee Pinder, is an adult individual residing at 118 Pearl Drive, Carlisle, PA 17013. 2 Defendant, David M. Pinder, is an adult individual residing at the same. 3 The parties were married on April 24, 1999, in Cumberland County, Pennsylvania, 4 Defendant has lived continuously in the Commonwealth of Pennsylvania for at least six months prior to the commencement of this action, 5 This action is not collusive. 6 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 7 In accordance with Section 3301 (c ) of the Divorce Code, the marriage between the parties is irretrievably broken. 8 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling, WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant indsay D. Bai squ' e Attorney for the Plaintiff 37 S. Hanover Street Carlisle, PA 17013 717 - 243-5732 I verify that to the best of my knowledge and beUef, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ~904 relating to unsworn falsification to authorities. ~ ~ '-. '- ~ 'tt ~ ~ , ~ , (") r--> , ,. = 0 ~ V\ c = -0 "" ~~ <or> ~ U> -1 ~ -01>,,< :T.:-n G'{\ or\ ~"i -U n1~ ...... \ \ -,oF;; " eli I ~r]"-> <>(\ - J C\y "' ~ ~ c.:. ~;[~1S:? '-.1 . ;;"". ~ (~ :!~i 9J " ~~~.:~ -",,.. ::}() W , '? ~_"~ i'1"'\ :J --J ~ ~ ~ ~ CJ1 <b c..n :.:: KRISTEN LEE PINDER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ~No.Ot.S/33 CIVIL TERM DAVID M. PINDER, Defendant IN CUSTODY COMPLAINT FOR CUSTODY 1. The plaintiff is Kristen Lee Pinder, residing at 118 Pearl Drive, Carlisle, Cumberland County, Pennsylvania. 2. The defendant is David M. Pinder, residing at the same. 3. Plaintiff seeks custody of the following children: Name Garik C. Pinder Trey R. Pinder Carys R. Pinder Present Residence 118 Pearl Drive, Carlisle, PA " Age 7 4 2 " . .. .. Th~c:l:1jldren W~renQt bornol,Jtofwedlock. The children are presently in the custody of both parents. During the past five years, the children have resided with the parents at the above address. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the individuals above. 5. The relationship of defendant to the child is that of Father. The defendant currently resides with the individuals above. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation conceming the custody of the children in this or another court. Plaintiff has no information of a custody proceedingconceming the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interest and permanent welfare of the children will be served by granting the relief requested because: a) Plaintiff can provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the childrens' needs; b) Plaintiff is willing to accept custody of the children; c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. Wherefore, plaintiff requests the court to grant custody of the children, ndsay Dare 37 South Han er Carlisle, PA 17013 Attorney for Plaintiff I verify that to the best of my knowledge and belief, the statements in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS ~904 relating to unsworn falsification to authorities. () ..., c = ~ = ;;:~.. cr- , ~ ~ ' ~: C/> ~:!J , 1"'1 '^ -0 ,- I -om tl ,pQ "- "- (.-1 ' ,(-, ~ ~ ;po - ,.: ~"f, t\'\ C' ::!l: ~~:?~ ~ C~ <2 c:)~n \J '-l z =2 -l (;! U1 ?O ~ CO -< ;J -1- I KRISTEN LEE PINDER PLAINTIFF IN THE COURT OF COMMO~ PLEAS OF CUMBERLAND COUNTY, PE~S YL VANIA V. 06-5133 CIVIL ACTION L W DA VID M. PINDER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, September 07, 2006 , upon consideration 0 the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. i1roy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, September , the conciliator, at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to re olve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, nd to enter into a temporary order. All children age five or older may also be present at the conference. Failure to a pear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing protectiOf from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to sched led hearine:. FOR THE COURT. By: Isl Hubert X Gilro Es Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to omply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reason ble accommodations available to disabled individuals having business before the court, please contact ou office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. Yo must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONe. IF YOU DO NOT HA VE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania t 7013 Telephone (717) 249-3166 w ~.-*' ..... ~.~ "'!?"'.... ~.J ::t:l ~>p . . ~ 2 ~.~ 9/7.jJ.O ~?~ 'Pr~4.>~ :?t?-~'6 j ~ 'li\h.I^/ ~ C\\H"~21d \jd~I'1\ I.i\.)"~~, ';::;;r-. ':!\In''' ,-.-., ........~, ",,-.1 I.__! ~-")"II ~f V il'ln, r I "._ 1'-.f_PH 1',. I ~ :2 Hd g- d3S 9DGl KRISTEN LEE PINDER, Plaintiff vs. DAVID M. PINDER, Defendant AND NOW, this NOV 1 5 zour IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NO. 06-5133 CIVIL ACTION - LAW IN CUSTODY ORDER 10.,-4 day of November, 2006, the Conciliator being advised that the parties have reached an agreement, the Conciliator relinquishes jurisdiction. ~ ~ t;::.: 7~'t?~; ~t~t;, 0"'- 0.10- ~\J~\ u.- ':C ~ '6 .:;: N ..,- -- 0- tn - '>'"' t;; ~~ -"~ b -;.... - ,-0 c;::> = ~ '-~~~ "'") D KRISTEN LEE PINDER, IN THE COURT OF COMMON PLEF N1 --i ?-n m Plaintiff : CUMBERLAND COUNTY, PENNSI ? F r- v u, :NO. 06-5133 CIVIL TERM -<;> GO- c7 C:)o DAVID M. PINDER, IN DIVORCE M C) Defendant : M AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 1, 2006. 2. Defendant acknowledged receipt and accepted service of the Complaint on September 6, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: //-/7-//D K ten Lee Pinder, Plaintiff NKA Kali Dela ey ?fG I A dt666L KRISTEN LEE PINDER, Plaintiff DAVID M. PINDER, v Defendant IN THE COURT OF COMMON PL OIL rnr-- CUMBERLAND COUNTY, PEN!N?Ai A 306 M, OD CD i r- = --a :NO. 06-5133 CIVIL TERNV° -v =-n moo-, Ea IN DIVORCE ?M AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on September 1, 2006. 2. Defendant acknowledged receipt and accepted service of the Complaint on September 6, 2006. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date David M. Pinder, Defendant FILED-OFFICE O TNr r' ROTHONOTARY PROPERTY SETTLEMENT AGREEME 2010 NOV 18 PM 3.33 THIS IS AN AGREEMENT made this day of , 2010, by Ty Michael Pinder of 105 East Willow Street, Carlisle, Cumberland Counly sy a, (hereinafter referred to as Husband) and Kali Delaney, 118 Pearl Drive, Carlisle, Cumberland County, Pennsylvania, (hereinafter referred to as Wife). WHEREAS, Husband and Wife were married on April 24, 1999, in Cumberland County, Pennsylvania; and WHEREAS, various differences have arisen between Husband and Wife, whereby they have been living separate and apart since September 6, 2006; and WHEREAS, the parties have agreed to maintain separate and permanent domiciles and to live apart from each other; and WHEREAS, the parties desire to enter into an amicable settlement to provide for all of the property rights of the parties and to dispose of the rights and obligations of each to the other in respect to support, maintenance, alimony, counsel fees, equitable distribution, and all other rights and obligations under the Divorce Code of 1980, as amended, and it is the intention and agreement of the parties that this Agreement be a full, complete and final settlement of all of those rights and obligations under said Divorce Code; and NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be bound by the provisions hereof, the parties agree that their recitals form a part of this Agreement and waive any right to counseling under the Divorce Code of 1980, as amended, and right to counsel fees, costs, alimony, support, maintenance, and any other rights under the said Divorce Code not provided for herein and agree as follows: 1. SEPARATION. The parties agree that it shall be lawful for each party, at all times hereafter, to live separate and apart from the other, at such place or places as he or she may, from time-to-time, choose or deem fit. Each party shall be free from interference, authority or 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 and as may be necessary to exchange information that pertains to the parties' minor child. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart, from the other. 2. REAL ESTATE. Wife owns the marital residence located at 118 Pearl Drive, Carlisle, Pennsylvania.. The marital residence presently has two outstanding mortgages in favor of IndyMac Bank, # 1007361577 and CitiMortgage, #0770933796-3 with Wife being the sole Mortgagor. Husband shall deed any rights, title and interest he has in the marital residence to Wife. Wife shall be solely responsible for all mortgage payments, liabilities, taxes, assessments, insurance and the cost of maintenance on the marital residence. Wife shall indemnify and hold Husband harmless from any liability, claims, causes of action, suits, or litigation for money owed, damages, indirect or consequential, including legal fees, arising out of failure of Wife to so pay such liens and encumbrances. Husband agrees to cooperate in the above and sign the Deed transferring the property to Wife individually. 3. AUTOMOBILES. Wife shall have as her sole and exclusive property, title to and possession of the 2006 Toyota Sienna Minivan. Husband shall have as his sole and exclusive property, title to and possession of the 1997 Jeep Cherokee. Each party shall indemnify and hold the other harmless from and liability on any loan encumbering the vehicle, cost of repairs, maintenance, registration, insurance and/or inspection of the vehicle which each is taking as his/her sole and exclusive property. 4. PERSONAL PROPERTY. The parties have divided or have agreed to a division of their personal property which includes bank accounts, certificates of deposit, life insurance policies, jewelry, clothing, furniture and other personal items. After the aforesaid division of the personal property is complete, any and all property in the possession of Husband shall be his sole and separate property. Any and all property in the possession of Wife shall be her sole and separate property. Each party forever renounces whatever claims he/she may have with respect to the property which the other is taking. Each party understands that he/she has no right or claim to any property acquired by the other after the signing of this Agreement. (A listing of personal property to be retained by each party is attached.) 5. BANK ACCOUNTS. Wife shall have as her sole property her personal checking account # 143000287 and her savings account # 743000049-S at Orrstown Bank, and her savings accounts at Cornerstone # 23249-01, PSECU # 8705938887-01 and Franklin County Teacher's Credit Union 3 41180-01. Wife shall have as her sole property the joint checking account at M&Y Bank # 1131400. Husband Shall have as his sole property the joint checking account #143000380 at Orrstown Bank. Both parties agree to sign any paperwork to effect the above. 6. PENSION/RETIREMENT PLANS. Husband hereby releases any and all claims or demands he may have on Wife's pension or retirement plans. In full settlement of Wife's rights to Husband's pensions or retirements, Husband shall pay wife 100% of his Citi/Hewett Pension Defined Benefit Plan and 100% of his Citigroup (Citi, Inc.) 401(k) Plan at the signing of this Agreement or at the signing of the QDRO documents for each which ever can occur sooner. 7. DEBTS. The parties represent and warrant to each other that neither has incurred any other debts nor made any other contracts for which the other or his/her estate may be liable, from date of separation forward. Neither party shall contract nor incur any debt or liability for which the other or his/her property or estate might be responsible and agrees to indemnify the other from any claims made against the other because of debts/obligations not incurred by the other. 8. ALIMONY, ALIMONY PENDENTE LITE, SUPPORT OF SPOUSE. The parties waive any and all right to receive from the other any payment of alimony, alimony pendente lite, and/or spousal support. 9. EFFECTIVE DATE. The effective date of this Agreement shall be the date of execution by the parties if they had each executed the Agreement on the same date. Otherwise, the execution date of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 10. DIVORCE. A divorce action was initiated and filed at docket number 2006-5133 Civil Term in the Court of Common Pleas of Cumberland County on September 1, 2006. Both parties agree to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Sections 3301(c ) of the Divorce Code including waiver of all rights to request Court ordered counseling. 11. INCORPORATION INTO DECREE. Should a decree, judgment or order of separation or 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 any such separation or divorce; and that nothing in any such decree, judgment, order or further modification and revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry, it being understood by and between the parties hereto that this Agreement shall survive and shall not be merged into any decree, judgment, or order of divorce or separation. It is specifically agreed, however, that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference into any divorce, judgment or its decree. This incorporation, however, shall not be regarded as a merger, it being the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 12. MUTUAL RELEASE. Husband and Wife do hereby mutually remise, release, quit claim or forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, from any and all rights, title and interest, or claims in or against the estate of such other, of whatever nature and wherever situate, which he or she now has or at anytime hereafter may have against such 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 of 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 testamentary or all or other rights of the 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 or any right which either party may now have or at anytime hereafter have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, 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 the intention of Husband and Wife to give to 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. 13. COUNSEL FEES. Each party individually covenants and agrees that he or she will individually assume the full and sole responsibility for legal expenses for his or her attorney and court costs in connection with any divorce action which may be brought by either party and shall make no claim against the other for such costs or fees. 14. ADDITIONAL INSTRUMENTS. Each of the parties shall, from time-to-time, at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments or documents that may be reasonable required to give full force and effect to the provisions of this Agreement. 15. MODIFICATION OR 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 the strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 16. 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. 17. SEPARATE PARAGRAPHS. It is specifically understood and agreed by and between the parties thereto that each paragraph hereof shall be deemed to be a separate and independent agreement. 18. 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 Agreement shall be responsible for payment of legal fees and costs incurred by the other in enforcing the rights under this Agreement, or in seeking such other remedies or relief as may be available to him or her. 19. CONTROLLING LAW. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 20. INVALIDITY OF PROVISIONS. 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. BINDING NATURE. Except as otherwise set forth herein, this Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written. WITNESS t i Delaney Gx? V4 ell/ David Michael Pinder KRISTEN LEE PINDER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v :NO. 06-5133 CIVIL TERM DAVID M. PINDER, : IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Lindsay D. Baird, Esquire, being duly sworn according to law do depose and state that a copy of the Complaint filed in the above-captioned matter along with a copy of a Notice to Plead and a Notice of Availability of Marriage Counseling was served on the Defendant, David M. Pinder, by Certified Mail - Return Receipt Requested, restricted delivery, a copy of said return receipt evidencing delivery being attached hereto. Said service on September 6, 2006. i . Bat Es ire Attorney for Plaintiff 37 South Hanover Street Carlisle, PA 17013 717 - 243-5732 Sworn and Subscribed to c bef me this /day ?•? © -? of 2010. `.rrr 00 o c -<C:) 'a ? n L,..L - ? c c;a rrn Notary Public w mo ?: W - t COMMONWEALTH OF IWO ' ! SIW Mw I Baud, Notary Pubk OW We Imo, 0Aft ra cOWAINn Bow Nov. 3014 ¦ CtkapiMrNr 1, ,'wAd "o400" "n 4 V t MChd tl?Iwry is dN4?d. ? ?"raurnrard his an" to "vo am ?lu?n ltM awd bD yon,. Orr©n *"*opmpwfm ft ©I1Srnt by(A*M dMM4 Q Wo4*D*myt m N 1i mftR' 7 0 *B b1 ?nM?' yad* o * low: ' O No RESTRICTED %? Md 2. Almlols 7045>'-57 ?E 7 ..Q759 F'8 ?bRn ? ?4 't?onlioMC lbtisr? Rraript tceeos??,t.te?o KRISTEN LEE PINDER, Plaintiff DAVID M. PINDER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v Defendant NO. 06-5133 IN DIVORCE CIVIL TERM c C U)?' r- e rn r--2: ?p (D--n s v W Or i W 0 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: 09/06/2006, certified mail, restricted delivery, return receipt. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: 11/17/2010; by Defendant: 11/18/2010. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 11/18/2010 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 11/18/2010 ndsay D. Baird, squire Attorney for the Plaintiff KRISTEN LEE PINDER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID M. PINDER : NO. 06-5133 DIVORCE DECREE AND NOW, Aldpee n4ei 2,3 , X-0! n , it is ordered and decreed that KRISTEN LEE PINDER plaintiff, and DAVID M. PINDER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The Property Settlement Agreement is incorporated but not merged into the Decree. By the Court, Attest: & C;L ( Prothonotary Q-`F ?:?Yyl KRISTEN LEE PINDER, (Now Kali Delaney) Plaintiff V. DAVID M. PINDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 06-5133 CIVIL TERM IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER This Order is intended to be a qualified domestic relation order (QDRO) as that term is defined in Section 206(d) of the Employee Retirement Income Security Act of 1974 (ERISA) and Section 414 (p) of the Internal Revenue Code of 1986 (Code). This QDRO is granted in accordance with the Divorce Code of Pennsylvania, 23 Pa.C.S.A. §3101 et seq., as amended, which relates to marital property rights, child support, and/or spousal support between spouses and former spouses in matrimonial actions. SECTION 1 - IDENTIFICATION OF PLAN This Order shall apply to benefits payable under the Citigroup 401(k) Plan (Plan). Citi Inc.(Citi) is the sponsor of the Plan. SECTION 2 - IDENTIFICATION OF PARTICIPANT AND ALTERNATIVE PAYEE a. David M. Pinder, Defendant, date of birth 2/19/71, (Social Security Number 205-56-7330), (Participant), resides at 105 East Willow Street, Carlisle, Pennsylvania 17013 and is a participant in the Plan described herein. b. Kristen Lee Pinder, now Kali Delaney, Plaintiff, date of birth 3/2/71, (Social Security Number 206-52-6547), hereinafter referred to as "Alternate Payee," resides at 118 Pearl Drive, Carlisle, Pennsylvania 17013 and is the former spouse of the Participant and has raised claims for, inter alia, equitable distribution of marital property pursuant to the Pennsylvania Divorce Code, 23 Pa.C.S. Section 3101, et seq. c. Participant's account in the Plan is marital property subject to equitable distribution by this Court. SECTION 3 - AMOUNT OF BENEFIT TO BE PAID TO ALTERNATE PAYEE The Plan shall award to the Alternate Payee, as a separate interest, the following portion of the Participant's vested account: Lump sum payment of 100%. The Participant's account, for purposes of this Order shall include any outstanding loan balance and shall be disbursed as of the balance on the date of this order. The Alternate Payee's awarded interest shall be paid at the time specified in Section 4 below. The awarded interest will not be adjusted for earnings and investment gains and losses between the effective date as of which the Participant's account is divided and the separate interest is paid to or on behalf of the Alternate Payee.. The parties agree and understand that should the Participant have any outstanding loans against the account, the Order must not cause the account balance to be reduced below that which is required to secure the loan. SECTION 4 - METHOD OF PAYMENT The Plan shall establish a separate account for the Alternative Payee as soon as practical after submission of a court certified copy of this Order and approval of the Order as a Qualified Domestic Relations Order by the Plan Administrator. Once the Alternate Payee's separate account is established, the Alternate Payee may request full distribution from the account. SECTION 5 - DEATH OF PARTICIPANT Participant's death shall have no effect on payment of Alternate Payee's benefit under the Participant's Plan. SECTION 6 - DEATH OF ALTERNATE PAYEE The Alternate Payee shall be entitled to name a beneficiary (or beneficiaries) to receive the unpaid balance of the benefits in the event that Alternate Payee dies before the Alternate Payee's benefit is paid. Said beneficiary (or beneficiaries) shall be designated on a form provided by the Plan Administrator. The death of Alternate Payee before the Plan determines that this Order is a Qualified Domestic Relations Order shall not affect the right of Alternate Payee's beneficiary to benefits from the Plan. SECTION 7 - COMPLIANCE WITH APPLICABLE LAWS The parties to this Order intend that it comply with the applicable provision of ERISA and the Code. a. The Participant and Alternate Payee shall each be responsible for his or her own Federal, State and local income taxes and any other taxes attributable to any and all payments from the Plan which are received by the Participant or the Alternate Payee, respectively. b. The Participant and the Alternate Payee shall notify the Plan of any change of address. For purposes of notification, the Plan address is: Plan Administrator, C/O Citi QDRO Administration, P.O. Box 56757, Jacksonville, FL 32241-6757. c. No provision in this Order shall be construed to require the Plan to (a) make any payment or take any action which is inconsistent with any Federal law, rule, regulation or applicable judicial decision; (b) provide any type or form of benefit, or any option, which is not otherwise provided under the provisions of the Plan; © provide increased benefits or (d) pay benefits to any Alternate Payee as defined in Section 414(p) of the Code which are required to be paid to another Alternate Payee under another Order previously determined to be a Qualified Domestic Relations Order as defined in Section 414(p) of the Code. d. The undertakings and obligations of the Plan as set forth in this Order are solely those of the Plan. Neither Citi Inc., any of its subsidiary or affiliated corporations, nor any officer, employee or agent of any such corporations (other than the Plan Administrator acting for the Plan) shjall be deemed to have incurred any obligations as a result of this Order. e. Notwithstanding any other provision of this Order, in the event that the Participant, Alternate Payee or any other party claiming rights under this Order shall make any claim which the Plan Administrator shall determine to be inconsistent with this Order or with the Retirement Equity Act of 1984. As amended, the Plan may cease making further payments to any person whose rights under the Plan, in the sole judgment of the Plan Administrator, may be affected by such claim pending resolution of the claim or further order of this court. The Plan may also take such further action or actions as may be permitted by law with respect to such claim. f. The Participant is designated as a constructive trustee for any payments that are received by the Participant, but are due to the Alternate Payee and will remit the payment to the Alternate Payee within five (5) days of receipt of such payment. SECTION 8 -RESERVATION OF JURISDICTION This Court shall maintain jurisdiction of the parties, the QDRO and the Plan and its subject matter to amend this Order to establish and maintain its status as a QDRO under ERISA and the Code until the obligations of the Plan to the Alternate Payee under this Order have been fully paid and discharged. David M. Pinder, Participant Kristen Lee Pinder, Alternate Payee NKA Kali Delaney DATED THIS, DAY OF 2010. BY THE COURT: JUDGE N CD C _ ( O L i2S ryu?z 1 5?? P -cam p 2'T'1 .? o ? rv D STATE OF PENNSYLVANIA CASE # 06-5133 COUNTY OF CUMBERLAND IN THE COURT OF COMMON :PLEAS IN RE TO THE MARRIAGE OF KRISTEN LEE PINDER (now KALI DELANEY) Petitioner and DAVID M. PINDER Respondent Qualified Domestic Relations Order (Defined Benefit Plan) 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 benefit plan, which is qualified under Section 401 of the Internal revenue Code (the "Code"). This order is intended to constitute a Qualified Domestic Relations Order ("QDRO")under section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This order is entered pursuant to the authority granted under the applicable domestic relations laws of the state of Pennsylvania. 1. Plan This order applies to the Citi/Hewitt Pension. Any successor to this plan shall also be subject to the terms of the order. 2. Participant The name, address, Social Security number, and date of birth of the participant are as follows: Name: David M. Pinder Address: 105 East Willow Street, Carlisle, PA 17013 Social Security Number: 201-56-7330 Date of Birth: February 19, 1971 3. Alternate Payee The person named alternate payee meets the requirements of the definition of alternate payee as set forth in Section 5 of this order. "The alternate payee's name, address, Social Security number, date of birth, and relationship to the participant are as follows: Name: Kristen Lee Pinder (now Kali Delaney) Address: 118 Pearl Drive, Carlisle, PA 17013 Social Security Number: 206-52-6547 Date of Birth: March 2,1971 Relationship to Participant: Former Spouse The alternate payee shall be responsible for notifying the Plan Administrator in writing of any changes is his or her mailing address subsequent to the entry of this order. 4. Marital History Date of Marriage: Date of Divorce: April 24,1999 5. Definitions Accrued Benefit- The participant's accrued benefit is the participant's benefit as if he or she terminated employment on the date of determination and began receiving a distribution at his or her normal retirement age, as defined in the Plan. Alternate Payee-The alternate payee is any spouse, former spouse, child, or other dependent of a participant who is recognized by a domestic relations order as having a right to receive all or a portion of the benefits payable under the Plan with respect to the participant. Valuation Date- The valuation date is the date as of which to calculated the participant's accrued benefit from the Plan in order to determine the alternate payee's designated portion in accordance with the terms of this order. Marital Interest- The marital interest is the participant"s accrued benefit multiplied by the following fraction: Number of Months of Service (credited to the participant under the terms of the Plan during marriage) Number of Months of Service (credited to the participant under the terms of the Plan up to the earlier of the termination of the participant's employment or the valuation date) Plan Administrator- Citigroup Inc. ("Citigroup") is the Plan Administrator for Citigroup's employee benefit plans. Citigroup has contracted with Hewitt Associates LLC to establish procedures and administer QDROs. Vested-A participant is vested if he or she has a non-forfeitable right to a benefit under the Plan. 6. Final Average Pay Benefit Payable to the Alternate Payee (Choose Option 6A, Option 6B, or Option 6C.) L7 Option 6A. Straight Percentage The order assigns to the alternate payee an amount equal to 100% of the participant's vested accrued benefit under the Plan (identified in sectionl) as of the following date of determination: Date of Court Order. Any actuarial adjustment that might be necessary to base the alternate payee's benefit on the alternate payee's lifetime will be applied to the alternate payee's benefit. Further, early commencement reductions shall be made as necessary to reflect commencement of the alternate payee's benefit prior to the participant's normal retirement age or prior to the commencement of benefit payments to the participant. If such reductions are required, they shall be determined on the basis of the Plan's actuarial assumptions and not on the basis of any subsidized early retirement factors contained in the Plan. Except as provided below, the alternate payee shall have no right to any other increase in the participant's benefit under the Plan caused by service, earnings, separation programs, or plan amendments. Neither shall the alternate payee have any right to the portion of the participant's retirement benefit under the Plan that is not assigned in this order. • If the participant retires prior to is or her normal retirement date and is eligible to begin receiving subsidized early retirement pension benefits under the Plan, after the participant retires, the amount of any benefit payment to the alternate payee (choose one): X Will be increased by a proportionate share of any such early retirement subsidy. Will not be increased by a proportionate share of any such early retirement subsidy. -If the Plan pays a cost-of-living (COLA) increase, post-retirement benefit, or any other ad hoc increase to the participant, the amount of any benefit payment to the alternate payee (choose one): X Will be increased in proportion to the alternate payee's share of the participant's benefit. Will not be increased in proportion to the alternate payee's share of the participant's benefit. 7. Account-Based Benefit Payable to the Alternate Payee (Choose Option 7A or option 7B.) ? Option 7A. Straight Percentage The order assigns to the alternate payee an amount equal to 100 % of the participant's vested accrued benefit under the Plan (identified in Section 1) as of the following date of determination: Date of Court Order. This amount shall be separately accounted for under the Plan for the exclusive benefit of the alternate payee, and adjusted to reflect applicable interest credits from the valuation date through the date of distribution to the alternate payee. This portion of the vested accrued benefit shall be and is irrevocably assigned to the alternate payee. The alternate payee shall have no rights to any increase in the participant's benefits under the Plan caused by service, earnings, separation programs, or Plan amendments occurring subsequent to the valuation date, or to the portion of the participant's accrued benefit under the Plan not assigned in this order. 8. Form of Payment Except as otherwise stated, the amount payable to the alternate payee in accordance with this order shall be paid to the alternate payee in any form available to an alternate payee in accordance with the provisions of the Plan. However, the alternate payee's benefits may not be paid as a joint and survivor annuity naming the alternate payee's subsequent spouse as the survivor. If the alternate payee's benefit has a present value of $5,000 or less, the benefit shall be paid out in an immediate lump sum. 9. Commencement The alternate payee may begin receiving his or her benefit payments on the later of the participant's earliest retirement date under the Plan or the date the alternate payee applies for his or her benefits in the manner prescribed by the Plan Administrator. If the Plan so provides, the alternate payee may elect to receive his or her benefits at an earlier date allowed by the Plan. In no event can the alternate payee defer commencement of benefits later than the participant's actual commencement date. 10. Death Procedures The benefit assigned to the alternate payee is calculated over his or her lifetime. The benefit awarded under Section 6 will not change if the participant dies prior to the alternate payee. Therefore, if the participant dies prior to the commencement of benefit payments to either the participant or the alternate payee, the benefit awarded to the alternate payee pursuant to Section 6 shall be paid from the participant's pre-retirement surviving spouse benefit. Final Average Pay Benefit If the alternate payee predeceases the participant prior to the commencement of the benefit payments to the alternate payee, the benefit otherwise payable to the alternate payee reverts to the participant. Account-Based Benefit If the alternate payee dies prior to the distribution of the alternate payee's benefit, the assigned benefit will become payable to the alternate payee's designated beneficiary or in accordance with the Plan provisions regarding death without a beneficiary. Alternate Payee's beneficiaries are children' 11. Retention of Jurisdiction This matter arises from an action for divorce or legal separation in this curt under the case number set forth at the beginning of this order. Accordingly, this court has jurisdiction to issue this order. In the event the Plan Administrator determines that this order is not a Qualified Domestic Relations Order, both parties shall cooperate with the plan Administrator in making any changes needed for it to become qualified. This includes signing all necessary documents. For this purpose, this court expressly reserves jurisdiction over the dissolution proceeding involving the participant, the alternate payee, and the participant's interest in the Plan. 12. Limitations Pursuant to Section 424(p)(3) of the Code and except as provided by Section 414(p)(4), this order: (I) Does not require the Plan to provide any type or form of benefit, or any option, not otherwise provided under the Plan; (ii) Does not require the Plan to provide increased benefits; and (iii) Does not require the payment of benefits to an alternate payee that is required to be paid to another alternate payee under another order previously determined to be a Qualified Domestic Relations Order. 13. Taxation For purposes of Sections 402 and 72 of the Code, any alternate payee who is the spouse or former spouse of the participant shall be treated as the distributee of any distributions or payments made to the alternate payee under the terms of the order and, as such, will be required to pay the appropriate federal, state, and local income taxes on such distributions. 14. Constructive Receipt If the Plan inadvertently pays to the participant any benefit that is assigned to the alternate payee pursuant to the terms of this order, the participant will immediately reimburse the Plan to the extent that the participant has received such benefit payments and shall forthwith pay such amounts so received to the Plan within ten (10) days of receipt. If the Plan inadvertently pays to the alternate payee any benefit that is actually payable to the participant, the alternate payee mus t make immediate reimbursement. The alternate payee must reimburse the Plan to the extent he or she has received such benefit payments and shall forthwith pay such amount so received to the Plan within ten (10) days or receipt. 15. Effect of Plan Termination If the Plan is terminated, whether on a voluntary or involuntary basis, and the participant's benefits become guaranteed by the Pension Benefit Guaranty Corporation ("PBGC"), the alternate payee's benefits, as stipulated herein, will also be guaranteed to the same extent in accordance with the Plan's termination rules and in the same ratio as the participant's benefits are guaranteed by the PBGC. 16. Certification of Necessary Information All payments made pursuant to this order shall be conditioned on the certification by the alternate payee and the participant to the Plan Administrator of such information as the Plan Administrator may reasonably require from such parties to make the necessary calculation of the benefit amounts contained herein. David M. Pirid-er, Participant risten Lee Pinder, Alternate Payee NKA Kali Delarw licy Dated this - _?23 day of 61 By the court: 2 Judge's M"i 'nature ) t= rv c= C, 't7 CJ rn rn c? + r= -o r- c rn C O r o --4O <a 5c =C-n C? Z C) . Z D C ?? - M _ 4 D -? N) STATE OF PENNSYLVANIA CASE # 06-5133 COUNTY OF CUMBERLAND IN THE COURT OF COMMON PLEAS IN RE TO THE MARRIAGE OF KRISTEN LEE PINDER (now KALI DELANEY) Petitioner and DAVID M. PINDER Respondent Qualified Domestic Relations Order (Defined Benefit Plan) 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 benefit plan, which is qualified under Section 401 of the Internal revenue Code (the "Code'). This order is intended to constitute a Qualified Domestic Relations Order ("QDRO")under section 414(p) of the Code and Section 206(d) of the Employee Retirement Income Security Act of 1974 ("ERISA") and shall be interpreted and administered in conformity with such laws. This order is entered pursuant to the authority granted under the applicable domestic relations laws of the state of Pennsylvania. 1. Plan This order applies to the Citigroup Pension Plan. Any successor to this plan shall also be subject to the terms of the order. 2. Participant The name, address, Social Security number, and date of birth of the participant are as follows: Name: DAVID D. BUELL Office of the Prothonotary courthouse Square, Suite 100 Carlisle, PA 17013 David M. Pinder b(. --sr 33 Carlisle, PA 17"S"Pos e. David M. Pinder 118 Pearl Drive w 4?1 FNTWUV BWVES 02 1A 0004631598 MAR 14 61? MAILED FROM ZiPCODE 1 72011 013 NIX= 176 DE i 00- 03110/1 RETURN TO SENDER NOT DELIVERABLE AS ADDRESSED UNABLE TO FORWARD