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SAlOIS. GUIDO, I
SHUFF & I
MASLAND il
26 W. Hi&h S..... 'I
Carlitl.. PA I'
I
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CAMP HILL. PA 17011
PHONI (717)7l7.J<O'
PROPERTY SETTLE~IENT AND Sl':PARATION AGREEMENT
THIS AGREEMENT made this 17h day of
~(l/lcL
, 1998
between MICHELLE S. COOK of Cumberland County, Pennsylvania,
hereinafter referred to as Wife.
A
N
o
JERRY L. COOK of Cumberland County, Pennsylvania, hereinafter
referred to as Husband.
WITNESSETH:
WHEREAS, in consequence of disputes and unhappy
differences, the parties have been living separate and apart
from eacr.;other;
WHEREAS, the parties desire to confirm their separation
and make arrangements therewith, including the division of
their marital property and other rights and obligations growing
out of their marriage.
NOW THEREFORE, in consideration of the cov~nants and
promises hereinafter to be mutually kept and performed by each
party, as well as for other good and valuable consideration and
intending to be legally bound it is agreed as follows:
(1) It shall be lawful for each party at all times
hereafter to live separate and apart from the other party at
such place or places as he or she from time to time may choose
or deem fit.
(2) Except as herein otherwise provided. each party
II
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II
SAlOIS, GUIDO,
SHUFF &.
MASLAND
26 W. Hllh Suet'
Carlisle. PA
hereby releases the other from any and all claims, or demands
up to the date of execution hereof.
()) The parties have now sol~ their real estate at 405
Hillside Road in New Cumberland, Pennsylvania. The proceeds
from this sale in the amount of $8,057.94 shall be the sole
property of wife, which shall be disbursed at the time of the
execution of this Property Settlement Agreement. However,
Husband shall pay any income tax which is imposed against
either party as a result of the sale, and shall indemnify,
defend and hold Wife harmless therefrom.
(4) In the event that either party contracted or incurred
any debts since the date of separation on November 20, 1995
the party who incurred said debt shall be responsible for the
payment thereof regardless of the name in which the debt may
have been incurred.
Husband and Wife acknowledge and agree that they have no
other outstanding joint debts and obligations except that any
credit cards or personal charge cards in the possession of each
party shall be paid by the party in whose name the accounts are
listed whether or not the charges were made durIng the time the
parties were residing together. Specifically, Wife shall
assume the liability on Sears, Montgomery Wards, Hecht's,
Express and E. Beerman and Husband shall assume the liability
for the VISA and IRS tax liability claim.
Each party agrees to pay the outstanding debts as set
forth herein and further agrees to indemnify and save harmless
the other from any and all claims and demands made against
AIDIS, GUIDO.
SHUFF &
MASLAND
26 W. H1lh 51,"'
Carll.l.. PA
either of them by reason of such debts or obligations.
(5) Each party relinquishes any right. title and interest
he or she may have to any and all motor vehicles currently in
possession of the other party, including the Wife's 1994 Honda
Accord, and Husband's 1953 Ford Pick-up Truck. Each party
shall execute any documents necessary to have said vehicles
properly registered in the other party's name with the
Pennsylvania Department of Transportation. Wife shall assume
full responsibility of the encumbrance on the 1994 Honda Accord
to the Credit Union, and will hold Husband harmless and
indemnify him from any loss thereon.
(6) The parties hereto mutually agree that they have
effected a satisfact~ry division of the furniture, household
furnishings, appliances, tools, U.S. savings bonds and other
household personal property between them, and they mutually
agree that each party shall from and after the date hereof be
the sole and separate owner of all such property presently in
his or her possession whether said property was hereto:ore
owned jointly or individually by the partieE hereto. This
agreement shall have the effect of an assignmen~ or bill of
sale from each party to the other for such property as may be
in the individual possession of each of the parties hereto.
(7) In exchange for Wife's marital share of Husband's IBM
pension plan and IBM tax deferred savings plan. Husband will
pay to Wife a total sum of $17,000.00. The amount will be paid
as follows:
A. The sum of $5,000.00 on or before the expiration
SAJDlS, GUIDO,
SHUFF &
l\oIASLAND
26 W. Hl,h Sue.'
Culisle. PA
under no compulsion to do so but as a voluntary act.
(15) It is further specifically understood and agreed by
and between the parties hereto that each party accepts the
provisions herein made in lieu of and in full settlement and
satisfaction of any and all of said party's rights against the
other. for past, present and future claims on account of
support, maintenance, alimony, alimony pendente lite, counsel
fees, costs and expenses, equitable distribution of marital
property and any other claims of each party, including all
claims which have been raised or may be raised in an action for
divorce.
(16) Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby fcrever releases,
remises, discharges and quitclaims the other, and such other's
heirs, representatives, assigns and estate, from and with
respect to the following:
A. All liability, claims, causes of action, damages,
costs, contributions, expenses or demands whatsoever in
law or in equity;
B. All rights, title, interest or claims in or to
any property of the other, whether real, personal or mixed
and whether now owned or hereafter acquired;
C. All rights of curtesy and dower and all claims or
rights in the nature of curtesy and dower;
D. All widow or widower's rights;
E. All rights, title and interest or claims in or to
DIS, GUIDO,
SHUFF &<
MASLAND
26 W, H1ah Slreel
Carli.le. PA
the Commonwealth of Pennsylvania. If any provision of this
Agreement is determined to be invalid or unenforceable, all
other provisions shall continue in full force and effect.
(18) In the event that either of the parties shall recover
a final judgment or decree of absolute divorce against the
other in a court of competent jurisdiction, the provisions of
this Agreement may be incorporated by reference or in substance
but shall not be merged into such judgment or decree and this
Agreement shall survive any such final judgment or decree of
absolute divorce and shall be entirely independent thereof.
(19) In the event that either party breaches any provision
of this Agreement, and the other party retains counsel to
assist in enforcing the terms thereof, the parties hereby agree
that the breaching party will pay all attorney's fees, court
costs and expenses incurred by the other party in enforcing the
Agreement.
(20) This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature
whatsoever, other than those herein contained.
(21) This Agreement shall bind the parties hereto, their
respective heirs, executors and assigns.
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.-........ ........,....,--..--.-.--.--
JERRY L. COOK, IN TilE COURT Of' COHHON PLEAS
.
.
Plaintiff CUHBERLAND COUNTY, PENNSYLVANIA
:
VS. CIVIL DIVISION
MICHELLE S, COOK, . NO. 96-1612 CIVIL TERM
.
Defendant .
.
PRAECIPE TO TRANSHIT 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 53301(c)
,i1t:kki)c6ck)c of the Dfvorce Code. (St r ike ou t inapplicable section).
2. Date and manner of service of the complaint:
~rtified mail 3/28/96 see attached
3. Complete eitber paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required
by 53301(c) of the Divorce Code: by plaintiff 1I14/QR :
by defendant 3/25/98
(bHl) Date of execution of the affidavit required by 53J01(d)
of the Divorce Code: : (2) Date of filing and
service of the plaintiff's affidavit upon the r~spondent:
4. Related claims pending: none
5. Complete either (a) or (bl.
(a) Date and manner of Gervice of tt.e notice of intention to
file praecipe to transmit record, a copy of which is attached:
(b) Date plaintiff's
fi led wi th the Prothonctary:
Date defendant's
filed with the Prothonotary:
--
Waiver of Not.ice in 5330l( c I Di 'force was
d/A/QA
Waiver of Notice in 53301(c) Divorce was
d/A/QA
.
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(Plaintiff)(Dcfendantl
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JBRRY L. COOK, I IN THB COURT OJ' COMMON PLUS OJ'
Plaintiff I CUMBBRLAND COUNTY, PBNNSYLVANIA
I C..v..~ -
v. I NO. 96- It. U I_H_
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MICHBLLB S. COOK, I
Defendant I IN DIVORCB
COMPLAINT UNDER SECTION 33011c)
OR 33011d) OF THE DIVORCE CODE
1. Plaintiff is Jerry L. Cook who currently resides at 831
Bosler Avenue, Lemoyne, CUmberland County, Pennsylvania.
2. Defendant is Michelle S. Cook who currently resides at
405 Hillside Road, New CUmberland, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents i
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were married on March 24,
1987 in Harrisburg, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may h&ve the right to
request that the Court require the parties to participate in
counseling. Having been so advised Plaintiff does not desire t
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 W. Hlab S"..,
Codisl.. PA
Court to order counseling.
7. The marriage is irretrievably broken.
.....'0... "a,nt'ff .,.y. ynu' OOno,.." cuu,t to ente' ·
decree of divorce.
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JERRY L. COOK,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO.
CIVIL 199
MICHELLE S. COOK,
Defendant
IN DIVORCE
AFFIDAVIT
I, JERRY L. COOK
depose and say:
(1) I have been advised of the availability of marriage
, being duly sworn according to law,
counselling and understand that I may request that the court
require that my spouse and I participate in counselling.
(2) I understand that the court maintains a list of
marriage counselors in the Prothonotary's Office, which list is
available to me upon request.
(3) Being so advised, I do not request that the court
require that my spouse and I participate in counselling prior
to a divorce decree being handed down by the court.
I understand that false statements herein are made subject
to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Dated:
3'\"~(Q
JER~CO~ Cwt
, Plaintiff
SAlOIS. GUIOO
II MASLANO
26 w. Hiah Sln:Cl
Carlislt, PA
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VERIFICATION
I verify that the stntements made in thia Complaint are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. Section 4904,
relating to unsworn falsification to the authorities.
DATED:
3 -I,. ., ~
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JERRY L. COOK,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1612 CIVIL
Plaintiff
v.
MICHEI.LE S. COOK,
Defendant
IN DIVORCE
PLAINTIFF'S
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A 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 March 26, 1996.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of the filing of the Complaint.
3. r consent to the entry of a final decree of divorce
without notice.
4. r understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not clai
them before a divorce is granted.
5. I understand that I will not be divorced until a divorc
decree is entered by the Court and that a copy of the decree wil
be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit ar
true and ccrrect. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATED:
3. - 1'1- '18
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND coUNTY. PENNSYLVANIA
NO. 96 - 1612 CIVIL
JERRY L. COOK.
Plaintiff
v.
IN DIVO~CE
MICHELLE S. COOK.
Defendant
AF:UDAVIT OF COHSIDlT
1. A complaint in divorce under Section 3301 (c) of the
Divorce code was filed on March 26. 1996.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing 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 this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalties of 18 pa.C.S. 5 4904 relating to unsworn
falsification to authOrities.
Date: r<)0 ~ (" \..... '-<: . 1998
.
~f\..'(lJ. jC.~t-
MICHEL E S. COOK. Defen ant
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OFFICI OF DIVORCI MASTER
CUMBERLAND COUNTY
COURT OF COMIAON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
I. RolMrt IlIcker, II
Divorce Master
Tracl .10 Colyer
Office "''''llllO,IRoportor
We.' Shore
697.0371 Exl. 6535
August 4, 1997
Johnna J. Deily
Attorney at Law
SAIDIS, GUIDO, SHUFF , HASLAND
26 West High Street
Carlisle, PA 17013
Dennis J. Shatto, Esquire
CLECKNER , FEAREN
31 North Second Street
P.O. Box 11847
Harrisburg, PA 1710B-1847
RE: Jerry L. Cook vs. Michelle S. Cook
No. 96 - 1612 civil
If. Divorce
Dear Ms. Deily and Mr. Shatto:
By order of Court of President Judge Harold E. Sheely
dated July 24, 1997, the full-time Master has been appointed in
the above referenced divorce proceedings.
A divorce complaint was filed on March 26, 1996, raising
grounds for divorce of irretrievable breakdown of the marriage.
No economic claims were raised in the complaint.
On July 24, 1997, the Plaintiff filed a petition for
equitable distribution. No claims for alimony or counsel fees
and costs have been raised.
Mr. Shatto has been served documents in this
although Mr. Shatto has not Entered his appearance.
in fact, representing the Defendant, I request that
praecipe entering his appearance of record.
I am unable to determine from the file if the parties are
willing to sign affidavits of consent or have been separated for
at least two years. However, I am going to proceed on the basis
that grounds for divorcA are not an issue. I direct each
counsel in accordance with P.R.C.P. 1920.33(b) to file a '"
pre-trial statement on or before Friday, August 29, 1997. Upon
receipt of the pre-trial statements I will immediately schedule
action
If he is,
he file a
.
.
~
Ms. Deily and Mr. Shatto, Attorneys at law
4 August 1997
Page 2
a pre-hearing conference with counsel to discuss the issues and,
if neces.ary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions tor failure to til. the pre-trial statements
are set forth in subdivision (c) and (d) ot Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING
COUNSEL.
I. 1'0..." I,'e",or, "
owotcl "'1"01
'IrllC' .10 CoWor
0l1\C1 Mal\aQIlJReportll
Johnna J. oeil'{
Attorney at La'"
SAlOIS. GUI00. SRurr
26 west Righ street
carlisle, FA 1 1013
OFF'CI Of DWO"CI "AS,.I"
C\lMBEfI~NO CO\lNl'I
COUfl'T OF CO",MON PLEAS
9 NO"" \-\ano~ef SlIea\
carlIsle. PA 17013
(717) 240-6535
"'0.' ShOre
697-037' ~\. 1)535
AUgust 13. 1997
oennis J. Shatto, ESquire
CLEC~NER , rEAREN
31 North rront street
P.O. BO)( 1180\1
Rarrisburg, PA 11108-1841
, MASLANO
Re~
Jerry L. Coo~ vs. Michelle S. coo~
NO. 96 - 1612 civil
In oivorce
oear MS oeilY and Mr. Shatto:
1 .. ..iti.. in r..,.n.' to Mr. Sh.tto" ,.tt.r 0' ,uqust
" "" ..vi.inO th.t hi' oli.nt i' not villi" to .i.n .n
.,~i..vit 0' oon..nt bOt tho ,.rti'. vill .. ..,.r.t.. ,or ·
p.ri04 in .xo... 0' tXO y..r. in NOV....r ","
pr._tri" .rat...nt. h'V' ...n .ir.oted to .. 'iled on or
..,or' ,u...t ". "," ,.. .ir.otiv, vill r...int.t ~~~~~~'Y
t . BY thO ti.. tho 0'.' i. wou.h thO ,ra- r ·
~~'~~~,ul.' ,or' h..ri... thO tVO k~.r v~~~~.~~~~.~~tiOn
vill h'V' ,..... .0 th.t Nioheli' coo · ·
.,'i..vit 0' oon..nt vill not .ffeOt our ..in, ..,e to 'r....
..,ith the case.
very trulY yours,
E. Robert Elic~er, 11
Oivorce Master
~'~"-.'_'.'~;:.l
JERRY L. COOK,
Plaintiff
VS.
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
NO. 96 - 1612 CIVIL
MICHELLE S. COOK,
Defendant
IN DIVORCE
RESCHEDULED PRE-HEARING CONFERENCE
TO: Johnna J. Deily
Dennis J. Shatto
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 8th day of December, 1997, at 9:00 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 11/26/97
E. Robert Elicker, II
Divorce Master
JERRY L. COOK,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 1612 CIVIL
MICHELLE S. COOK,
Defendant
IN DIVORCE
MEMORANDUM OF UNDERSTANDING
Today is Monday, December 8, 1997. This is the
date we had set for a pre-hearing conference in the above
captioned case. After opening discussion, counsel thought there
was perhaps the basis for resolving the outstanding issues.
Consequently, counsel had some conversations with their
respective clients on the telephone and have reached an
agreement which we are going to state as a memorandum from which
counsel can prepare a marital settlement agreement for signature
by the parties.
Present today for the Plaintiff, Jerry L. Cook, is
attorney Johnna J. Deily, and present for the Defendant,
Michelle S. Cook, is attorney Dennis J. Shatto.
This case initiated with a divorce complaint filed
on March 26, 1996, raising grounds for divorce of irretrievable
breakdown of the marriage. No economic claims were raised in
the complaint. With respect to the grounds for divorce, counsel
have indicated that at the time their clients sign the marital
settlement agreement they will have their clients sign
affidavits of consent and waivers of notice of intention to
request entry of divorce decree so that the divorce can be
concluded under section 3301(c) of the Domestic Relations Code.
On July 24, 1997, husband filed a petition for
equitable distribution. Mr. Shatto had indicated that he was
going to file a petition for alimony on behalf of wife; however,
it appears as if the settlement, which the parties have reached
today, will obviate the need for the filing of the petition for
alimony.
The parties were married on March 24, 1987, and
separated on November 20, 1995. They are the natural parents of
two children, one of the children being emancipated and the
other child having been born on October 7, 1987.
Ms. Deily is going to state the memorandum setting
forth the understanding of the settlement terms, from which Ms.
Deily will prepare the marital settlement agreement to be signed
by the parties. Ms. Deily.
Ms. Deily:
1. The parties will distribute the proceeds from the
sale of the marital residence at 405 Hillside Road
in New Cumberland, Pennsylvania, with 100' of the
proceeds to wife, plus interest earned on the
escrow account.
The amount of the proceeds is $8,057.94, which will
be released to wife from Johnna Deily'S escrow
account plus the interest.
Payment will be made upon execution of the marital
settlement agreement.
2. In exchange for her marital share of husband's IBM
pension plan and IBM tax deferred savings plan,
husband will pay to wife a total sum of $17,000.00.
This amount will be paid as follows:
a) The sum of $5,000.00 on or before 6 months
from the date of the signing of the
agreement;
b) The balance of $12,000.00 to be paid on or
before the expiration of 24 months from the
date of the signing of the ag~eement.
c) Husband will continue to pay the sum of
$280.00 per month pending the distribution
of the $17,000.00.
The amount due of the $12,000.00 payment will be
reduced by the sums of $280.00 for each month
payment is made.
Wife will receive no interest on her share of the
equitable distribution payments on these accounts
pending the expiration of the 24 month period.
3. Wife will retain ownership of the 1994 Honda
Accord, and husband will retain ownerShip of the
1953 Ford pick up truck. Should the parties need
to execute the title for the respective vehicles,
-...
CLECKNER & FEARE:N
:11 NORTH BECOND BTREIT . HARRIBBURG, PENNBYLVANIA 17101. PHONE 13.1731
MESSAGE REPLY
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CLECKNER AND F'EAREN
ATTORNEYS AT LAW
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ANN C .HOADI
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AMY ca.IMIN1 1'0l""'CR
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p 0 DOJC II.."
HARRISBURG. PENNSYLVANIA 17108-1 B" 7
0" C()U"'!i(L
WILLIAM "EARlH
ftO_c." D. IotANIQN
TU.tPHONt
"'71 '.J.'I'll
,..
17," .J. ...,
August 12, 1997
Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, Pa 17013
RBI Jerry L. Cook VI. Michelle S. Cook
No. 96-161~ Civil
In Divorce
Dear Sir/Madam:
Enclosed herewith for filing, please find my Entry of
Appearance on behalf of Michelle S. Cook.
If you have any questions, or need anything elsG, please
advise.
Very truly yours,
CLBCIOOl:R AND FEARBN
Dennis J. Shatto, Esq.
DJS/ck
Enclosure
c: E. Robert Elicker, II, Esq.
Johnna J. Deily, Esq.
Michelle S. Cook
JERR'i L. COOK.
l'laintiff
IN ~RE COUR~ OF coMMON l'LE~S
CUMBERLJ'.ND coUN'l''i, PENNS'iLVp.NI~
CIVIL ~C~ION - DIVORCE
NO. 96 - 1612 Civil
v.
MICRELLE S. COO~,
Defendant
il)>3C'1Pi: ,ntl .....r1l."l 0' J\.pp1l!Il"~CS
.,oOlY en,e' my appea,ance on behalf a. .,che11e S. CooK.
RespectfUllY Submitted,
CLECKNER r.ND FEAREN
D~~E:-
DenniS J. ShattO, Esq.
pat 1.0. 25615
31 North second street
Harrisburg, P~ 11101
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4. LIST OF EXHIBITS:
If there is a dispute regarding the value of Plaintiffs IBM, Defendant may offer a copy
of Maureen lindsay's allacht:d report. With respect to the motor vehicles. if there is a
dispute regarding value, Defendant may offer copies of valuation information from the
applicable NADA. or other valuation booklet. No other exhibits are contemplated allhis
time.
S. INCOME:
Defendant's income information is attached hereto.
6. EXPENSES:
Defendant's expense information is attached hereto.
7. VALVE OF PENSION:
Please refer to Ms. lindsay's attached report. Defendant is not currently the beneficiary
of any pension or retirement program.
8. COUNSEL FEES:
There is currently no claim for counsel fees.
9. VALUATION OF PERSONAL PROPERTY:
At this time, Defendant has no information suggesting that there will be any serious
dispute regarding the values of assets.
10. MARITAL DEBT:
A list of marital debts is attached hereto.
2
II. PROPOSED RESOLUTION OF ECONOMIC ISSUES:
Defendant proposes that she be awarded 57% of the marital asselS. Defendant intends
to also file a claim for alimony because of the substantial disparity in the incomes of the
parties. Currently, Plaintiff is obligated under Order of Court, dated March II, 1997
to pay Defendant the sum of $280.00 in spousal support. Defendant proposes that
alimony be set in the same amount.
Respectfully Submitted,
CLECKNER AND FEAREN
Dale
V !}1 /47
~4j/JA
P.A. J.D. #
31 North Second Street
Harrisburg, PA 17101
(717) 238-1731
3
LIST...m:..ASSE
ASSET MARITAL (M) VALUE DATE NON-MARITAL LIENS
NON-MARITAL H or W VALUED PORTION
Net Proceeds
of Real Estate
Sale M S 8,057.94 Current -0-
1994 Honda
Accord M SI3,700.00 Separation If),OJ).(D
U.S. Savings
80Ms M 425.00 Separation -0-
1953 Ford
Tnlck M Unknown * -0-
Pension Plan M $16,368.00 Separation $14,662.00 (H) -0-
Savings Plan M 30,925.00 Separation 6.450.00 (H) -0-
Misc. Personal
Property M 2,455.00 Separation -0-
* Valued by Husband at $2,500.00
r,
"
. PENSION
RESOURCES inc.
f.\tl'l1t'1ltl' Ul Rs.'tmom.'tll PI.1Il t""\{\'fl'" Adrmrultr,ltllVI
March 4. 1997
PENSION EVALUATION
PAYABLE AT AGE S5
PARTICIPANT AND SPOUSAL DATA
Name:
Retirement Date:
Date of Plan Participation:
Date of Marriage:
Jerry L. Cook
511116
7115/79
3128/87
Sex:
Date of 8irth:
Date of Hire and Service Credit:
Date of Separation:
Male
4122161
7115179
1111/95
BENEFIT DATA AND EVALUATION
Plan:
Commencement Age:
Monthly Benefit:
Payment Form:
Benefit Accrued through:
IBM: Core & PRP
55
$660.00
Life Annuity
1111/95
Present Value of Benefit:
PBGC AnnuilY Value:
$31,030
Valuation Date:
Valuation Age:
Employee Account Value:
In addition to Monthly Benefit?
311/97
36
$
No
COVERTURE FRACTION:
Years of accrual during marriage:
Total years of benefit accrual:
52.75%
8.5969
16.2984
PRESENT VALUE OF BENEFIT EARNED DURING MARRIAGE:
$16,368
The above valuation is based on annuity rates effective for Mar-97
and published by the 'Pension Benefit Guaranty Corporation, These rates are
intended to reflect current annuity contract rates offered by private insurance carriers.
The current immediate interest rates. as of the above date. are
Interest rate for first 25 years: 6,20% Second Interest Rate:
5,00%
The monthly benefit shown was obtained from the attached,
) II;.}' ,/{/
J l. ,.)\. .
. .
, .
aUreCA)dSay. CPC. EA
-..._~.
2040 Ungleslown Rlldd. Suite 103 . t1Jrrisburg. PA 17110, (717) 541-8510' (717) 541-8093 fAX
TDSP Employee Contribution Percent/Ign
TDSP Assumed Rate of Return Percentogn
2. Employee Data Used in This Entlmnln
Dasic Employee Data
Name..................... ,
Serial Number.. ..... ,.....
Date of Dirth.. . . . . . . . . . . .
Service Reference Date....
Penaion Reference Date....
Vesting Reference Date....
PRP Balance on 12/31/1994.
Current Monthly Salary...
TDSP Account Balance .. ...
TDSP YTD Contribution ....
Age as of 07/01/1996 .....
Service os of 07/01/1996
Cook
916929
04/22/1961
117/15/197'1
07/15/1979
117/l5/1979
4, 9411. 13
3,6311.00 ,',
37.375.57 ,',
17:1.22 i,
35 VI'S 2 IIl10n
17 VI'S 0 11th"
. As of 05/111/19l)fi
0,1l0:l,
O,llll:l,
Retlrllmtlnl
f:ornlngs IIlslory
1984:
1965 :
1986:
1967:
1966:
1')69 :
1990:
1991 :
1992:
1993 :
1991,:
1'195 :
I'l'lfi :
$32,932.06
32,580.00
31.,1.77.50
35,250.00.
36,139.13 -
1,2,887.61.
38,591..8il
1.0,519.1.7
42, 10\. 70
1,3,1,20.00
1,5,023.66
1,11,15'1.36
17,318.06 it
Note: the calculations of your estlmotod Inll rtlllrnmnnt btlnnflls orn
based on the information you provided and on tho doto thot IBM hoa In its
personnel and payroll records. Those records moy contoln orron thot could
affect the calculation of your estimated bnnef1t amounta, thoreforo, any
of the amounts shown are subject to changn os 0 rnsnlt of corrections modo
to the data. This estimate assumes that yon will continue employment with
IBM until the separation dste selected. No vorloble payor commlsaiona
are included in sny future earnings projection. IBM provides thia
information ss e convenience. The preparation and furnishing of this
retirement estimate is not deemed a guarantee of boneUt or of continuad
employment for any pedou. It is simply on estimate of possiblo rotiremont
benefits and does ,\lot create any legal righta. The terma of the plan govern
your rights. Your actual salary expurlencn and anrvlce history will
determine your actual retirement bcno r Ils. We nrgo you to rnv low 0 II of
the data in this estimate and to pay portlenlol' attention lo the onnuai
retirement earnings history. Any dfsernponel"" shonld bo brought to the
attention of Retirement/Transition fierv(ce" nl 1-800-796-9676.
Page 2
1 3. Monthly Retirement Benefit I'oynhle
Single Life Only Option
At benefit commenccmnl1t YOIl will n'l:nivf' till' H"'1I1ll~r uc:
(F.96.21)
If paymen t Degin Onto Is ., 01/01/1'1')6 0~/01/2016 05/01/2026
Age 'l'Iy 2.. 55y Om 65y Om
1. New Retiremont I'10n f'ormlllll 7'1, (,9 251,.56 367.60
2. Current Formulll
a. Core Benofit '>l, lJ 594.26 646.97
b. PRP os on Annully :! 1, i,f' t 95.31 + 167.56
~........._..-..--.. ..........---........ ---........-..---
c. Total Current Formulu lr;.62 689.59 1,036.53
Monthly Benofit it 7'1,6'7 669.59 1,036.53
:;;"PENSION
RESOURCES inc.
[u"lImn! In RA~/IR'I1"'f1l Pf,JJI Ot'~~l & AJrlllllL\trJtlflfl
-.j
March 4, 1997
PENSION EVALUATION
PAYABLE AT AGE 65
PARTICIPANT AND SPOUSAL DATA
Name:
Retirement Date:
Date of Plan Participation:
Date of Marriage:
Jerry L. Cook
511126
7115179
312B/B7
Sex:
Date of Birth:
Date of Hire and Service Credit:
Date of Separation:
Male
4122/61
7115179
1111195
BENEFIT DATA AND EVALUATION
Plan:
Commencement Age:
Monthly Benefit:
Payment Form:
Benefit Accrued through:
IBM: Core & PRP
65
$995.00
Life Annuity
1111/95
Valuation Date:
Valuation Age:
Employee Account Value:
In addition to Monthly Benefit?
311/97
36
$
No
Present Value of Benefit:
PBGC Annuity Value:
$20,223
COVERTURE FRACTION:
Years of accrual during marriage:
Total years of benefit accrual:
52.75%
8.5969
16.2984
PRESENT VALUE OF BENEFIT EARNED DURING MARRIAGE:
$10,668
The above valuation is based on annuity rates effective for Mar'97
and published by the Pension Benefit Guaranty Corporation. These rates are
intended to reflect current annuity contract rates offered by private Insurance carriers.
The current immediate interest rates. as of the above date, are
Interest rate for first 25 years: 6.20% Second Interest Rate:
5.00%
The monthly benefit shown was obtained from the anached,
[~~Q;""" t
2040 Lingleslown R,>d<J. Suile 103 . If.mi.uurg, PA 17110 ' (717) 541-11510 . (717) 541-8093 fAX
Convor. fOil Factol'
1
4.344
...--......--.......-....
Age 65 Allllllal Delleflt
4,411.14
367.60
Ago 65 tlollth Iy DOllef it
." Base and excess points prior to I'J95 nro grollpod for oach age category.
In the final calculatioll, points nre rOllllded "1' to the nearest integer.
Page 4 (E96.2l)
1 5. Details of Ilighest Current Retirement Formlllas(Transition Provision)
Service and Earnings Calculation
-------_.._----_..._-...._-----~_.._--
Year
1985
1986
1987
1988
1989
1990
1991
1992
1993
1994
Retirement Earnings
32,580,00
34,477 .50
35,250.00
36,139.13
42,887.64
38,594.84
40,519.47
42,101. 70
43,420.00
45,023.66
Total Retirement Earnings in Bnse
Period Ending 12/31/1994
Average Retirement Earnings for
This Period Ending 12/31/1994
Service through End of Base l'erJod
Ending 12/31/1994
Balance Forward through 12/31/19l}1,
1995 Retirement Earnings
1996 Retirement Earnings
Total Retirement Earning"
390,993.94
39,099.39
x 15.500000
----------..-----
606,040.54
46,159.36
24,976.06
..............---....--....
679,177.97
0.0150
x
Age 65 Annual Vested Rights Income
Age 6S Monthly Vested Rights Income
PRP as a Monthly Benefit at Age 65
Total Monthly Income at Age 65
-....-...-....---......--
+
10,167.67
848.97
167.56
............-.....--......---
1,036.53
""".=.............~-l
AUG-29-97 FRI 10141 717-691-e690
p.e2
:a~H~~f.fd.Cig~d
H.w CY#bOrlan4, PA 17070
PRRIOD ~8/'?
.
S
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TlCIlltlCAL IUIVICU A880CIATII, lie. 08/15/97 \
21098
"aiH!LL!! COOK elll.54 s 1 13.41
. Hill. a. Road 17010 81.00 0.00 0.00 87,00
N.w Cumberland, PA
n.33 0,00 0.00
2423.97 2039.04 383.93 .
1166,61 11.67 16109.04 157,11
135,33 0.00 7.58 1769.27 10.00 106.13
72.33 16.92 0.00 1035. DB 243.28 0.84
32.61 an.50 467.87 12342.08
46.67 23.34 854..2 4411,30
-A'
'.
"
Roma
~or~lal,/a~nt...................S
'~ta1nI:.a.&I1C.. . . . . . . ....... :... 0... $
'Util1ti.s (c.l.phon.. ~.ac1ng
electric, .cc.)...............S
!=ploym.nc (c~ansportaCioa.
lu.cch..)........ ....... .....; ....$
Taxe.
a.&1 beat......................$
'.rsoual PrQgercy...,.. .0........$
IncClll.. .. . . . . .. ,... , ... . .. .. ..... $
I';uk
l'loncl1
S~().
S
S / (p~:
s /dO.
ChitJ/!-/os.fA
30.
"
~.
lnaurance
Ham.ova.ra.:....................S
AutomobU....................... $
Lil./Accid.nt/H.alch............,
Oth.r..~.....................~..$
,
s
s
..
..
Aucomobile (paymencs. fuel.
r.pairs)...,...........:......,
Medical .
Doccor,'Dentisc, Orthodoncisc...'
Hospital.. . . '. .... . ... . .......... . $
Special (glasses, braces, etc)..,
Zducat:l.on
Pr:l.vaca, , Parochial Sc:hool.......,
Colllse... .............. .:... ... ..$
Personal
Clothing..................:.....,
Food.". ... ....... . .... .. .... . ~.... $
so.
Ocher (housahold suppl:l.es,
barber. .tc.)..............~..$
Credic payments and loans.......,
M:l.sc:.UaneollS
Rou.ehold help/child care....;..S
!nc.rca:l.ament (inc. papers,
books, vacacion, pay tv, ecc).!
G1lcs/Cha:icabla c:oncr:l.buc:l.ons.-$
It).
:2 0 (J.
t_.al rees......................$
Och.r child supporc/alimony
paymencs............~.........S
~ch.r (speci.fy)....................$
tatal ~enses..................... $
s /.qg7.
.
:29{) .
'.
, '
LIST..m:..JlEBl
CREDITOR AMOUNT
IRS $ 906.00
Sears 1,745.00
Hecht's 116.00
Express 36.00
E. Beerman 73.00
Montgomery Ward 1,500.00
VISA 500.00
Americhoice
(Loan against Honda) 9,039,00
JERRY L. COOK
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-1612 CIVIL
MICHELLE S. COOK,
Defendant
IN DIVORCE
PRE-TRIAL STATEMENT OF
JERRY L. COOK
PURSUANT TO PA RULE OF
CIVIL PROCEDURE 1920.33Ib)
AND NOW comes the Plaintiff ::'y ar.d thr0ugh his attorneys,
Saidis, Guido, Shuff & Masland and respectfully sets forth the
following pursuant to Pennsylvania Rule of Civil Procedure
1920.33 (b) :
I. Background Information
The parties were married on March 24, 1987, and separated
on November 20, 1995.
The Husband is thirty-six years old and is employed at
IBM. He currently makes $46,000.00 per year, and nets roughly
$2,900.00 per month.
Wife is thirty-five years old and is currently employed at
Technical Services Associates, Inc. and nets $1,500.00 per
month.
SAlOIS, GUIDO,
SHUFF ..
MASLAND
26 w, Hi'" 5.....
CariWe. PA
The parties have one minor child, Jacquelyn, date of birth
10/7/87, who resides with Wife,
i
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II. AIseta
1. Real Estate
The parties recently sold their marital residence located at
405 Hillside Road, New Cumberland, Pennsylvania, netting
proceeds of $8,057.94. Said proceeds are being held in an
S,\IIl1S. l;U1DO.
SII(!H II<
M.\SUND
:(j w nl~h Sh~cl
tMli~ll.', 11,\
escrow account at the undersigned attorney's office.
2. Personal Prooertv
(a) Vehicles - The parties own jointly a 1994 Honda
Accord with a value of $14,000.00, with a loan balance to the
Credit Union of approximately $9,000.00, leaving equity in the
vehicle of $5,000.00. This is driven by Wife.
Husband owns a 1953 Ford pick up truck, which has been
valued at approximately $2,500.00. This is owned by Husband.
(b) Personalty - It is believed that the parties have
already split up their personal property, and that no issues
are remaining as far as the personalty is concerned.
(c) Savings Bonds - The parties own approximately $700.00
worth of savings bonds.
3. Retirement Accounts
(a) Husband has an IBM savings account with a date of
separation value of $48,159.36 with the pre-marital portion
being $35,250.00 leaving the marital portion at $12,909.36.
(b) Husband has an IBM Tax Deferred Savings Plan with a
date of se~aration value of $37,375.57, with a pre-marital
value of $6,450.63, leaving a marital value of $30,924.94.
III. Marital Debts
The parties have an outstanding IRS tax liability, which
was paid by Husband post-separation in the amount of $1,400.00.
It is believed that Wife has personal charge cards, including
but not limited to Sears, Hecht's, Express, E. Beerman, and
Montgomery Wards accounts. It is believed that these accounts
are in Wife's name, however, to the extent that they are in
Wife will maintain payments in her personal charge card,
and Husband will be responsible for the Federal IRS tax
liability.
Respectfully submitted,
& MASLAND
By:
Joh
26
Ca'l:' isle, PA
717-243 -6222
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JERRY L. COOK,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - DIVORCE
NO. 96 - 1612 Civil
v.
MICHELLE S. COOK,
Defendant
fBbBCIPB POR ENTRY OP APPKARANCB
Kindly enter my appearance on behalf of Michelle S. Cook.
Respectfully Submitted,
CLECKNER AND FEAREN
DATE: tlu7 III 1!1(f7
Dennis J. Shatto, Esq.
Pat I.D. 25675
31 North Second Street
Harrisburg, PA 17101
JERRY L. COOK.
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
MICHELLE S. COOK,
Defendant
NO. 96-1612 Civil Term
IN DIVORCE
PETITION FOR EQUITABLE DISTRIBUTION
AND NOW comes the Plaintiff, Jerry L. Cook, by and through
his attorneys, Saidis, Guido, Shuff & Masland, respectfully
avers the following:
1, The Plaintiff filed a Divorce Complaint pursuant to
3301(c) on or about March 26, 1996.
2. The Defendant was served with a copy of the Divorce
Complaint on or about March 28, 1996.
3. There is property, both tangible and intangible, that
have been acquired during the marriage and need to be equitably
divided,
WHEREFORE, the Plaintiff respectfully requests Your
Honorable Court to enter an Order equitably dividing the
marital property.
Respectfully
mitted,
SAWIS, GUIDO,
SHUFF '"
MASLAND
26 W. Hlah 5....'
Cull, I.. PA
By:
a J eily, Esqu re
W. gh Street
Carlisle, PA 17013
Attorney for Plaintiff
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JERRY L. COOK,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 1612 CIVIL
MICHELLE S. COOK,
Defendant
IN DIVORCE
ORDER O~OURT
AND NOW, this ~ day of
1998, the economic claims raised in the procee ngs having been
resolved in accordance with a property settlement and separation
agreement dated March 17, 1998, the appointment of the Master is
vacated and counsel can file a praecipe transmitting the record
to the Court requesting a final decree in divorce.
BY THE COURT,
cc:
Johnna J. Deily
Attorney for Plaintiff
Dennis J. Shatto
Attorney for Defendant
P.J.
_ (I~..J '7'..:i..~A, +/1'1/ q f
-.U - .J,f.
16 W. HIOH STREET
CAWSLB,PA 17013
PHON~ (1171 z.lJ.6ln.
"Il\f MAItXET STRE.ET
CAMP HILL.'A 17011
PHONE (717) 717-loIO'
P~OPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this (=th day of YhCl/lcL , 1998
between MICHELLE S. COOK of Cumberland County, Pennsylvania,
hereinafter referred to as Wife,
A
N
D
JERRY L. COOK of Cumberland County, Pennsylvania. hereinafter
referred to as Husband.
WITNESSETH:
WHEREAS, in consequence of disputes and unhappy
differenc~s, the parties have been living separate and apart
from each,other;
WHEREAS, the parties desire to confirm their separation
and make arrangements therewith, including the division of
their marital property and other rights and obligations growing
out of their marriage.
I NOW THEREFORE, in consideration of the cov~nants and
,
,
i promises hereinafter to be mutually kept and performed by each
I I party, as well as for other good and valuable consideration and
'11 SAIDIS.GUIDO. I intending to be legally bound it is agreed as follows:
SHUFF" ',1
. l\IASLAND {ll It shall be lawful for each party at all times
, 26 W, Hllh 511<<' I
Cull.I..'A hereafter to live separate and apart from the other party at
I such p:ace or places as he or she frnm time to time may choose
or deem fit.
I (2) Except
"! !I
,
I
"
,
as herein otherwise provided, each party
SAlOIS, GUIDO,
SHUFF &.
MASLAND
26 W, Hilh SilO..
Culisfl.P;,
hereby releases the other from any and all claims, or demands
up to the date of execution hereof.
(3) The parties have now sol~ their real estate at 405
Hillside Road in New Cumberland, Pennsylvania. The proceeds
from this sale in the amount of $8,057.94 shall be the sole
property of wife, which shall be disbursed at the time of the
execution of this Property Settlement Agreement. However,
Husband shall pay any income tax which is imposed against
either party as a result of the sale, and shall indemnify,
defend and hold Wife harmless therefrom.
(4) In the event that either party contracted or incurred
any debts since the date of separation on November 20, 1995
the party who incurred said debt shall be responsible for the
payment thereof regardless of the name in which the debt may
have been incurred.
Husband and Wife acknowledge and agree that they have no
other outstanding joint debts and obligations except that any
credit cards or personal charge cards in the possession of each
party shall be paid by the party in whose name the accounts are
listed whether or not the charges weJ;'e made durIng the time the
parties were residing together. Specifically, Wife shall
assume the liability on Sears, Montgomery Wards, Hecht's,
Express and E. Beerman and Husband shall assume the liability
for the VISA and IRS tax liability claim.
Each party agrees to pay the outstanding debts as set
forth herein and further agrees to indemnify and save harmless
the other from any and all claims and demands made against
AlDIS, GUIDO,
SHUFF &
MAS LAND
Z6 w. Hllh S"..,
Cull. I.. PA
- '
either of them by reason of such debts or obligations.
(5) Each party relinquishes any right, title and interest
he or she may have to any and all motor vehicles currently in
possession of the other party, including the Wife's 1994 Honda
Accord, and Husband's 1953 Ford Pick-up Truck. Each party
shall execute any documents necessary to have said vehicles
properly registered in the other party's name with the
Pennsylvania Department of Transportation. Wife shall assume
full responsibility of the encumbrance on the 1994 Honda Accord
to the Credit Union, and will hold Husband harmless and
indemnify him from any loss thereon.
(6) The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances, tools, U.S. savings bonds and other
household personal property between them, and they mutually
,
agree that each party shall from and after the date hereof be
the sole and separate owner of all such property presently in
his or her possession whether said property was heretofore
owned jointly or individually by the parties hereto. This
agreement shall have the effect of an assignmen~ or bill of
sale from each party to the other for such property as may be
in the individual possession of each of the parties hereto.
(7) In exchange for Wife's marital share of Husband's IBM
pension plan and rBM tax deferred savings plan, Husband will
pay to Wife a total sum of $17,000.00. The amount will be paid
as follows:
A. The sum of $5,000.00 on or before the expiration
average. The payment of this tu i t ion shall not be paid for the
completion of any GED courses.
(10) Each party is now represented by counsel of his and
her own choice, and each shall pay his or her own attorney for
all legal services rendered or to be rendered on his or her
behalf .
(11) Neither party shall contract or incur any debt or
liability for which the other party or his or her property or
estate might be responsible and shall. indemni fy and save the
other party harmless from any and all claims or demands made
against him.or her by reason of debts or obligations incurred
by the other party.
(12) 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 that may be
reasonably required tc give full force and effect to the
provisions of this Agreement.
(13) The parties do hereby warrant, represent, acknowledge
and agree that each is fully and completely informed of, and is
familiar with, the wealth, real and personal pr6perty, estate
I and assets, earnings and income of the other and that each has
I made a full and complete disclosure to the other of his and her
SAIDIS, GUIDO.
SHUFF & entire assets and liabilities and any further enumeration or
MASLAND
26W.HiahS".., statement thereof in this Agreement is specifically waived.
Carlisle,fA
(14) Husband and Wife acknowledge that each of them has
read and understands his and her rights and responsibilities
under this Agreement and that they have executed this Agreement
SAIDIS, GUIDO,
SHUFF &
MASLAND
26 w. Hilh Sltee,
CArlisle, PA
~.i
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the Commonwealth of Pennsylvania. If any provision of this
Agreement is determined to be invalid or unenforceable, all
other provisions shall continue in full force and effect.
(18) In the event that either of the parties shall recover
a final jUdgment or decree of absolute divorce against the
other in a court of competent jurisdiction, the provisions of
this Agreement may be incorporated by reference or in substance
but shall not be merged into such jUdgment or decree and this
Agreement shall survive any such final judgment or decree of
absolute divorce and shall be entirely independent thereof.
(19) In the event that either party breaches any provision
of this Agreement, and the other party retains counsel to
assist in enforcing the terms thereof, the parties hereby agree
that the breaching party will pay all attorney's fees, court
costs and expenses incurred by the other party in enforcing the
Agreement.
(20) This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature
whatsoever, other than those herein contained.
(21) This Agreement shall bind the parties hereto, their
respective heirs, executors and assigns.
.
IN WITNESS WHEREOF, the parties hereto intending to be
legally bound have hereunto set their hands and seals the day
and year first written above.
~
yY")~k~ ~, CestL
~le S. Cook
Witness
~
Wit ./-
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SAJDlS. GUIDO.
SHUFF &
MAS LAND
26 W, Hiah Sire"
Carlill.. PA