HomeMy WebLinkAbout96-01613
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~. PENNA.
Daniel P. Connelly,
1613
(1)96
Plaintiff
i\ (l.
\'l.j'.~lh
Ev~lyn Toy-Connelly.
Defendant
DECREE IN
DIVORCE
, \ '. t; _ .. J" :>~
ANDNOW".,V~:""",
,
,.". 19':-.1~,. it is ordered and
decreed that '" D!l~.i~,l ,P,', C01',nel.Ly, . , ' " . , , ' . , . ' , ' . , ' , , , , , , , , '. plaintiff,
and. ' , ' , , , , , , ' , ,t;I(~~Y.l! .1',!y',:,C,!nneHy.. , , ' , , , , ' , , ' , ' , , , , , , ' , , ' '. defendant,
are divorced from the bonds of matrimony,
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
.N~~e:, ,The,H~rital,Settl~ment,Asre~ment,~~ecuted, by, th~. p~~t.i~~,~1'.P~~~~~~r
,23, ,19?8, Is ~ncorporated herein, bUt sha.ll, not)>!l.lerg!ld ~flt!', ~fl~!i. P~!l1~~.
), ./
By Th.e)'Ilu.rt: "
'''. , .{ l/'
^'''''{2 J
Prothonotary
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C:\OFFICElWPWINlWPDOCSIOOMESTlCIMSAICONNELL Y .MSA
December 10, 1998
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, mado this":>3 day of j;;gCR.'--<.~ , 1998, by and
between DANIEL P. CONNELLY of Mechanicsburg, Pennsylvania, (hereinafter
"HUSBAND") and EVELYN TOY CONNELLY of Mechanicsburg, Pennsylvania, (hereinafter
"WIFE");
WIT N E SSE T H:
WHEREAS, the parties hereto were married on April 29, 1978, in New Jersey; and
WHEREAS, the parties separated on March 22, 1996; and
WHEREAS, HUSBAND commenced a divorce action in the Cumberland County Court
of Common Pleas at 96-1613 CIVIL on March 26,1996; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest of their lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other, ."
including, but not limited to: the equitable distribution of the marital property; past, present .,
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the othor or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises hereinafter
kept and performed by each party and intending to be legally bound hereby, the parties
hereby agree as follows:
Page 1 of 11
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C:IOI'FICElWPWIMWPOOCS'4:l0MESTICIMSA'CONNELL Y.MSA
0ec:....bC< 10. 1998
1. ADVICE OF COUNSEL.
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective counsel. HUSBAND is represented by Maria Cognetti,
Esquire. WIFE is represented by, Debra Denison Cantor, Esquire.
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their respective legal
rights and obligations or, if counsel has not been consulted, expressly waiving the right to
obtain such knowledge. The parties each acknowledge that this Agreement is fair and
equitable and is not the result of any fraud, coercion, duress, undue influence or collusion.
2. DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they
shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code. The
parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to
Request Entry of a Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that the terms
of this agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them and specifically referenced in the Divorce Decree. This Agreement shall not
merge with the divorce decree, but shall continue to have independent contractual significance.
3. DATE OF EXECUTION.
The "date of execution" or "execution date" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have each executed the Agreement on
the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing this Agreement.
Page 2 of 11
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C:\OFFICElWPWINlWPDOC'3\DOMESTICIMSAICONNELL V .MSA
OlCember 10. 1098
4. MUTUAL RELEASES.
Each party absolutely und unconditionally releases the other und the estute of the
other from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital I'elutionship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except 1I11 described
herein.
Each party absolutely and unconditionally releases the other IInd his or her heirs,
executors and estate from any claims arising by virtue of the marital relationship of the
parties. The above release shall be effective whether such claims arise by way of widow's or
widower's rights, family exemption, or under the intestate laws, or the right to take against
the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or
!Ill other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United
States, or any other country.
Except for any cause of action for divorce which either party may have or claim
to have, each party gives to the other by the execution of this Agreement an absolute and
unconditional release from all claims whatsoever, in law 01' in equity which either party now
has against the other.
5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each hus relied on the accuracy ofthe finuncial disclosure
of the other as an inducement to the execution of this Agreement. Each party understands that
he/she had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time ofsepurution or currently and thut each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have a right to have a court hold hearings and make decisions on the
Page 3 of 11
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C:\OFFICElWPWINlWPOOCS\OOMESTlClMSAICONNELL Y MSA
OecImbet la, 1998
matters covered by this Agreement. Both paries hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result offraud. duress or undue influence exercised by either party upon
the other or by any person or persons upon either purty.
6, SEPARATIONINON INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live sepurate and
apart, They shall be free from any interference, direct or indirect, by the other in all respects
as fully as if they were unmarried, Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her
may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or
the respective families of each other.
7. REAL PROPERTY.
The parties are owners oCreal property located at 14 Cumberland Estate Drive,
Mechanicsburg, Pennsylvania, 17055. Based on a market analysis performed on the property,
the parties agree that the value of the home is $185,000. The home is encumbered by two (2)
loans; a Chase Manhattan Mortgage in the amount of $94,341.49 and an Americhoice Credit
Union home equity loan in the amount of $26,752,12. HUSBAND agrees to refinance the
property within sixty (60) days of the execution of the Agreement. HUSBAND shall refinance
all liens and encumbrances against the property. thus removing WIFE's name from the
obligation at the time of refinance. At the time of refinance, HUSBAND shall pay WIFE the
amount of $32,000 for her share of the equity in the home, WIFE shall execute a deed
prepared by HUSBAND's counsel transferring her right, title and interest in the home. The
deed shall be held in escrow by WIFE's attorney until the refinance is complete, In the event,
HUSBAND is unable to refinance the property within sixty (60) days, it shall be listed for sale
immediately. The parties shall select a mutually agreeable realtor and will cooperate with the
Page 4 of 11 .
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C:\oFFICf:lWPWINlWPOOC5lO0MESTIClMSAICONNELL Y ,MSA
December 10, 1998
sale of their home. Upon the sale of the home, WIFE shall be entitled to the first $32,000 of
the proceeds.
From the execution of this Agreement forward, HUSBAND shall be solely obligated for
all costs associated with the home including payment of the mortgage, home equity loan, taxes,
insurance and utilities. HUSBAND agrees to indemnify and hold WIFE harmless from said
debt.
8. PERSONAL PROPERTY.
A personal property inventory is attached hereto as Exhibit "A". The agreed value
of all personal property is $23,638. WIFE shall retain all items highlighted on the list as well
as any personal items remaining in the marital home. HUSBAND shall provide access to the
marital home and WIFE shall obtain those items within thirty (30) days f>fthe execution ofthis
Agreement. HUSBAND waives any the right, title and interest to these items. HUSBAND
shall retain the remaining items and WIFE waives any right, title and interest to these items.
The parties are joint owners of a horse with an approximate value of $3,000. This
horse is used by the parties' daughter, Katie. The parties agree to share ownership of the
horse. At such time as the horse is sold, the parties agree to place the proceeds into the joint
custodial account as outlined below.
,rh~ ' At the time of separatjo_n, the parties had a savings account for the children's
r approx.'Il-ICt te..
future use and benefit in the amount of $ 5"000. . HUSBAND has maintained exclusive
A
Jt,.~ntrol of this money since separation. The parties hereby agree to e,stablish ~custodial J
r tJHA", 30cb.'Is H..!5m"d )hQlpro"de. YirrflCtl.T10fl p(.'il"O/I1I~
~count for Kathryn and Phillip Connelly witH this money" HUSBAND shall provide his an
~I.1.T
~ attorney a check in ~Rllllbot'e amount at the tin.!: of !:xul:Itisa gfthill Agrllllment. The parties
shall serve as joint custodians of the account. No monies may be withdrawn from the account
without written authorization from both parties. It is the parties intent that these funds be
Page 5 of 11
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C:\OfFICElWPWINlwPooCljIllOMESTlCIMSAICONNElL V MSA
Decombtlr 10, 1998
utilized for the benefit of the minor children as agreed upon by the parties, In the even t the
parties cannot come to an agreement as to the use of the funds, the account will be dissolved
on Kathryn's twenty.first (21") birthday and divided equally between the children.
The minor children and WIFE are also named owners of EE Bonds in the
approximate value of $2,900, at the time ofthe execution of this Agreement. Said bonds shall
be placed in the control of WIFE. The parties agree that the bonds will be used for the benefit
of the minor children only, as further defined in this paragraph. If the parties cannot come to
an agreement as to the use of these bonds. said bonds shall be distributed to the minor child
owner on hislher twenty.first (21") birthday.
9. VEHICI,F.S.
WIFE shall retain the 1985 380SL Mercedes. HUSBAND hereby releases his
right, title and interest in the vehicle. HUSBAND shall retain the 1983 300SD Mercedes.
WIFE hereby releases her right, title and interest in this vehicle.
10. RETIREMENT ACCOUNTS.
Both HUSBAND and WIFE are employed at IBM and are the owners of a Defined
Benefit Pen3ion Plan ("pension") and a Tax Deferred Savings Plan ("TDSP"). HUSBAND's
TDSP is valued at $86,105.17 and his pension is valued at $34,728.70. WIFE's TDSP is valued
at $41,562.47 and her pension is valued at $20.857.60.
Within thirty (30) days of the execution of this Agreement, HUSBAND shall
transfer to WIFE the amount of $29,206.27 from his TDSP account to a tax free account
established by WIFE. In the event WIFE requests a cash distribution. WIFE shall assume
responsibility for all tax consequences associated with said distribution. Both parties agree
to cooperate in the preparation of the Qualified Domestic Relations Order and shall equally
share the costs of preparation of same,
Page 6 of 11
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C:\oFFICElWPWIMWPooCSOOMESTICIMSA\CONNELL Y. MSA
Docember 10. 1998
Upon receipt of the $29,206.27, whereby WIFE waives any right, title and interest
in HUSBAND's retirement benefits. HUSBAND shall solely own the benefits and will be solely
responsible for all liens associated with such benefits.
HUSBAND whereby waives any right, title and interest in WIFE's retirement
benefits. WIFE shall solely own the benefits and wilI be solely responsible for all liens
associated with such benefits.
"
11. DEBTS.
The parties are joint obligers on a Visa with a date of separation value of$15,000.
Within sixty (60) days of the execution of this Agreement, HUSBAND shall pay to WIFE the
sum of $7,500 for his portion of the obligation. Upon receipt of said payment, WIFE shall
either close the account or transfer any remaining balance to an account in her name alone,
thus removing HUSBAND's name from said obligation.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which WIFE or her
estate might be responsible, and he shall indemnify and save WIFE harmless from any and all
claims or demands made against her by reason of such debts or obligations incurred by him
since the date of said separation, except as otherwise set forth herein.
WIFE represents and warrants to HUSBAND that, since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which HUSBAND
or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from
any and all claims or demands made against him by reason of such debts or obligations
incurred by her since the date of said separation, except as otherwise set forth herein.
Page 7 of 11
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C:\oFFICElWPWIMWPooCSIDOMESTIC\MSAICONNEll Y MSA
Oecember 10. 1998
12. ALIMONY. ALIMONY PENDENTE UTE. SPOUSAL SUPPORT
HUSBAND shall withdraw his pending support appeal at docket €19-1996.
The parties hereby expressly waive, release, discharge and give up any and all
rights or claims which either may now or hereafter have for spousal support, alimony
pendente lite, or maintenance. The parties further release any rights that they may have to
seek modification of thl! terms of this Agreement in a court of law or equity. with the
understanding that this Agreement constitutes a final determination for all time of either
party's obligations to contribute to the support or maintenance of the other.
13. ATrORNEY FEES. COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees,
costs and expenses. Neither shall seek any contribution thereto from the other party except
as otherwise expressly provided herein.
14. ATrORNEYS' FEES FOR ENFORCEMENT.
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 breaching party will
pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs,
if applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the
obligation of any and all costs. expenses and reasonable counsel fees incurred by the
nonbreaching party in protecting and enforcing his or her rights under this Agreement.
Page 8 of 11
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C:\oFFICElWPWIMWPooCSUlOMESTIClMSAICONNELL Y MSA
Deeembel to, 1998
19. 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.
20. CONTRACT INTERPRETATION.
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
acknowledge the receipt of a duly executed copy here
Mcu ~
/
<
a el P. Connelly
/ t=V~~ ~&tA1.1-It7f'
Evelyn Toy Connelly V
Puge 10 of 11
. Sent 'by: REAGER & ADLER, ATTNYS
..
717 730 7386;
12/11198'14:29,' ~ '671,pege 2
. t..........""
.) l'
Personal Pr~perty - Connely
p~ge - 1-
F.rberware pots & pans $?5.00
Wrough t she 1 f 50.00
Ladd.rback chair 40.00
Sofa & love seat 350.00
---M4hog. birdcage tilt-top table 115.00
_Dl'Ilm table 30.00
_Patl' table lamps 50.00
S.er.ta,.y 600.00
~94/30 ~~ V Surprise 125.00'1
--,175 Mother,s Darling Goebel W.G. 150.00;
,...415 Thoughtful .. " :90.00
.,350 On HolIday .. " 145,00
".47130 Goose Girl II 140.00
....Puppy Love " 125.00 I
.,.,.129/0 Band leader II 140.00
,...58/0 Lost Sheep broken II 10.00
~304 The Artf,t " 175.00 .
".55 CuI prits V " 200.00
~21/0 Heavenly Angel V " 100,00
~119 Postman " 145.00
,,73 LIttle Helper ., .. 100.00'/
~197S ~ll 100 V .,.;.' If 40.00
4 Pes Lenox 60.00
Chec vase 30.00
3 cloisonne eggs 30.00
Chinese saki sat 40.00
Ginger jar 45.00
8 pc Japanese ceramic plates 120.00
Giraffe figurIne 25.00
~114pc Hav1land china 700.00
8 crystal napkinn rings 46.00
8 ash trays 15.00
.....Crystal stemware 3O.0C
....Bl'ass be 11 25.00
4pc sllverplate tea set 7S.0C
12 tumblers 25.00
",. Cut glass footed bowl 40.00
"Cut glass pedl!stal bO~11 50.0e
8 sherbl!ts 24,00
Japanese f; $h plate 25,00
...,Pair sllvtr,late candelabra 50.0C
Lenox salt &pepper 20.00
8p American Drew Dining rOJm suite 5500,00
9x12 C~inese rug 1900.00
-" Pa i r table I am os 70.00
"",011 painting Mother & Child, ursigned 150.00
3 litl'ogl'ap1S, Aug, Sept. 'iov. 50.00
Occaslcnai ann chair 50.00
2 ~;ghb!~k ann ~hairs, up~,15tere~ 110,00
,Oak loa 1\ c 1 oc~ 300.00
6119 rug ~O.OO
fl'Llce in frame 20.00
~Smal' wall mirror 10.00
~ 4 oictures. rJses Rn nn
. Sent 'by: REAaeR & ADLER I ATJNYS
717 730 7388;
,.
'. .,
Floor fan
Sofa
Pr chairs &ottomans
Copper tea kettle
~Seascape 011 on canvas, unsigned
2 child's spindleback chairs
RCA TV 32"
Pioneer stereo
ReA VCR
Coffee table
End table
Enterta'lnment center
Heckman'mahogany sofa table
Pair wood base table lamps
"Pair Amish pictures
International time clock
~Monet' Bridge picture
Pine kitchen table
Ki tchen 'benches
"Kitchen Aid mixer
~ 10 decorative dishes
,; lllpc Spode chi ne
Mise pots,pans, dishes. flatware
Whirlpool Z5' ~ide-bY-$lde refrig -
freezer wI ice dispenser
Humidifier
End table
Kin9-slz~ brass beo
Pr wing chairs
"Mahog davenport table. American Drew
Spc bedroom suite
Pair tabre lamps
floor I amp
Quilt
Treadmill
Cane rocker
Pair school desks
Dry sink
Dropleaf end table
2-5tage snow blower
28' aluminum exten~ion ladder
Whirlpool washer
WhirlpOol dryer
Kenmore sewing machlne, mcdel
Total
12/11198 14:29j . J<<IiIc "S71jpage 3
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-page-2-
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$10.00
25.00
20.00
25.00
L10.00
80.00
150.00
75.00
75.00
45.00
20.00
175,00
125.00
20.00
30.00
300.00
40.00
90.00
250.00
125.00
400.00
350.00
65.00
600,00
60.00
10.00
300,00
180,00
200.00
500.00
30.00
25.00
100.00
90.00
50.00
50.00
90.00
40.00
150.00
125.00
150.00
150.00
155 100.00
-'-
$18,638.00
C:IOFfICElWPWINIWPOOcSIOOMESTICIMSAICONNELL Y. MSA
December 10, 1998 .
MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this ~ day of De a.u..b.c,_ , 1998, by and
between DANIEL P. CONNELLY of Mechanicsburg, Pennsylvania, (hereinafter
"HUSBAND") and EVELYN TOY CONNELLY of Mechanics burg, Pennsylvania, (hereinafter
"WIFE");
WITNESSETH:
WHEREAS, the parties hereto WEre married on April 29, 1978, in New Jersey; and
WHEREAS, the parties separated on March 22. 1996; and
WHEREAS, HUSBAND commenced a divorce action in the Cumberland County Court
of Common Pleas at 96-1613 CIVIL on March 26,1996; and
WHEREAS, difficulties have arisen between the parties and it is therefore their
intention to live separate and apart for the rest oftheir lives and the parties are desirous of
settling completely the economic and other rights and obligations between each other,
including, but not limited to: the equitable distribution of the marital property; past, present
and future support; alimony, alimony pendente lite; and, in general, any and all other claims
and possible claims by one against the other or against their respective estates; and
NOW THEREFORE, in consideration of the covenants and promises hereinafter to be
kept and performed by each party and intending to be legally bound hereby, the parties do
hereby agree as follows:
Page 1 of 11
C:\OFFICE\WPWIMWPOOcS\oOMESTICIMSAICONNELL Y ,MSA
Oocomb<lr 10. 1998 .
1. ADVICE OF COUNSEL.
The provisions of this agreement and their legal effect have been fully explained
to the parties by their respective counsel. HUSBAND is represented by Maria Cognetti,
Esquire. WIFE is represented by, Debra Denison Cantor, Esquire.
The parties further declare that each is executing the Agreement freely and
voluntarily having either obtained sufficient knowledge and disclosure of their respective legal
rights and obligations or, if counsel has not been consulted, expressly waiving the right to
obtain such knowledge. The parties each acknowledge that this Agreement is fair and
equitable and is not the result of any fraud, coercion, duress, undue influence or collusion.
2, DIVORCE ACTION.
The parties acknowledge that their marriage is irretrievably broken and that they
shall secure a mutual consent no fault divorce pursuant to ~ 3301(c) of the Divorce Code. The
parties agree to execute Affidavits of Consent for divorce and Waivers of Notice of Intention to
Request Entry ofa Divorce Decree concurrently with the execution of this Agreement.
This Agreement shall remain in full force and effect after such time as a final
decree in divorce may be entered with respect to the parties. The parties agree that the terms
of this agreement shall be incorporated into any Divorce Decree which may be entered with
respect to them and specifically referenced in the Divorce Decree. This Agreement shall not
merge with the divorce decree, but shall continue to have independent contractual significance.
3. DATE OF EXECUTION.
The "date of execution" or "execution date" of this Agreement shall be defined as
the date upon which it is executed by the parties if they have each executed the Agreement on
the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall
be defined as the date of execution by the party last executing this Agreement.
Page 2 of 11
C:\oFFICElWPWINlWPOOcSIOOMESTICIMSAICONNELL Y.MSA
OIcember 10, 1998 '
4. MUTUAL RELEASES.
Each party absolutely and unconditionally releases the other and the estate of the
other from any and all rights and obligations which either may have for past, present, or future
obligations, arising out of the marital relationship or otherwise, including all rights and
benefits under the Pennsylvania Divorce Code of 1980, and amendments except as described
herein.
Each party absolutely and unconditionally releases the other and his or her heirs,
executors and estate from a~y claims arising by virtue of the marital relationship of the
parties. The above release shall be effective whether such claims arise by way of widow's or
widower's rights, family exemption, or under the intestate laws, or the right to take against
the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary, or
all other rights of a surviving spouse to participate in a deceased spouse's estate, whether
arising under the laws of Pennsylvania, any state, Commonwealth, or territory of the United
States, or any other country.
Except for any cause of action for divorce which either party may have or claim
to have, each party gives to the other by the execution of this Agreement an absolute and
unconditional release from all claims whatsoever, in law or in equity which either party now
has against the other.
5. FINANCIAL AND PROCEDURAL DISCLOSURE.
The parties confirm that each has relied on the accuracy of the financial disclosure
of the other as an inducement to the execution of this Agreement. Each party understands that
he/she had the right to obtain from the other party a complete inventory or list of all property
that either or both parties owned at the time of separation or currently and that each party had
the right to have all such property valued by means of appraisals or otherwise. Both parties
understand that they have a right to have a court hold hearings and make decisions on the
Page 3 of 11
C:IOFFICElWPWINIWPO'oj::S\oOMESTIClMSAICONNELL Y,MSA
Docember 10. 1998
matters covered by this Agreement. Both paries hereby acknowledge that this Agreement is
fair and equitable, and that the terms adequately provide for his or her interests, and that this
Agreement is not a result of fraud, duress or undue influence exercised by either party upon
the other or by any person or persons upon either party.
6. SEPARATIONINON INTERFERENCE.
WIFE and HUSBAND may and shall, at all times hereafter, live separate and
apart. They shall be free from any interference, direct or indirect, by the other in all respects
as fully as if they were unmarried. Each may, for his or her separate use or benefit, conduct,
carry on and engage in any business, occupation, profession or employment which to him or her
may seem advisable. WIFE and HUSBAND shall not harass, disturb or malign each other or
the respective families of each other.
7. REAL PROPERTY.
The parties are owners of real property located at 14 Cumberland Estate Drive,
Mechanicsburg, Pennsylvania, 17055. Based on a market analysis performed on the property,
the parties agree that the value of the home is $185,000. The home is encumbered by two (2)
loans; a Chase Manhattan Mortgage in the amount of $94,341.49 and an Americhoice Credit
Union home equity loan in the amount of $26,752.12. HUSBAND agrees to refinance the
property within sixty (60) days of the execution of the Agreement. HUSBAND shall refinance
all liens and encumbrances against the property, thus removing WIFE's name trom the
obligatiun at the time of refinance. At the time of refinance, HUSBAND shall pay WIFE the
amount of $32,000 for her share of the equity in the home. WIFE shall execute a deed
prepared by HUSBAND's counsel transferring her right, title and interest in the home. The
deed shall be held in escrow by WIFE's attorney until the refinance is complete. In the event,
HUSBAND is unable to refinance the property within sixty (60) days, it shall be listed for sale
immediately. The parties shall select a mutually agreeable realtor and will cooperate with the
Page 4 of 11
C:IOFFICf:lWPWINIWPDOcSIDOMEsTIC\MSA\CONNELL Y,MSA
December 10, 1998 '
sale oftheil' home. Upon the sale of the home, WIFE shall be entitled to the first $32,000 of
the proceeds.
Frolll tho execution of this Agreement forward, HUSBAND shall be solely obligated for
all costs lIssocinted with the home including payment oCthe mortgage, home equity loan, taxes,
insurance and utilities, HUSBAND agrees to indemnify and hold WIFE harmless from said
debt.
8. PERSONAL PROPERTY.
A personal property inventory is attached hereto as Exhibit "A". The agreed value
of all personal property is $23,638. WIFE shall retain all items highlighted on the list as well
as any personal items remaining in the marital home. HUSBAND shall provide access to the
marital home and WIFE shall obtain those items within thirty (30) days of the execution of this
Agreement. HUSBAND waives any the right, title and interest to these items. HUSBAND
shall retain the remaining items and WIFE waives any right, title and interest to these items.
The parties are joint owners efa horse with an approximate value of $3,000. This
horse is used by the parties' daughter, Katie. The parties agree to share ownership of the
horse, At such time as the horse is sold, the parties agree to place the proceeds into the joint
custodial account as outlined below.
. ~ At the time of separatio~.the parties had a savings account for the children's
1:..., ~OJ(I/Yl"~
future use and benefit in fhk amount of $5ZJOO . HUSBAND has maintained exclusive
II
P ~ntrol of this money si!\c~.separution. The parties hereby agree to eljtablish a custodia!,
(,iJ1'fI1." aoc/JI.'1s HC/sbti'1d ~'hall frOIl,& VllrtflC~OI'l of q)tf0tJ1fT 4'1 g
~$count I,ll' Kathryn an~ Phillip Connelly with this money,,, HUSBAND shall provide his
f r attorney a check in ~ amount at the timc of t:ltet:tttion ofthis Agreement. The parties
shall serve us joint custodians of the account. No monies may be withdrawn from the account
without written authorization from both parties. It is the parties intent that these funds be
Page 5 of 11
C:IOFFICf).WPWINlWPDOCs\DOMESTICIMSAICONNELL Y,MSA
December 10. 1998 '
utilized for the benefit of the minor children as agreed upon by the parties. In the event the
parties cannot come to an agreement as to the use of the funds, the account will be dissolved
on Kathryn's twenty.first (21") birthday and divided equally between the children.
The minor children and WIFE are also named owners of EE Bonds in the
approximate value of$2,900, at the time of the execution ufthis Agreement. Said bonds shall
be placed in the control of WIFE. The parties agree that the bonds will be used for the benefit
of the minor children only, as further defined in this paragraph. If the parties cannot come to
an agreement as to the use of these bonds, said bonds shall be distributed to the minor child
owner on his/her twenty.first (21") birthday.
9. VEHICLES.
WIFE shall retain the 1985 380SL Mercedes. HUSBAND hereby releases his
right, title and interest in the vehicle. HUSBAND shall retain the 1983 300SD Mercedes.
WIFE hereby releases her right, title and interest in this vehicle.
10. RETIREMENT ACCOUNTS.
Both HUSBAND and WIFE are employed at IBM and are the owners of a Defined
Benefit Pension Plan ("pension") and a Tax Deferred Savings Plan ("TDSP"). HUSBAND's
TDSP is valued at $86,105.17 and his pension is valued at $34,728.70. WIFE's TDSP is valued
at $41,562.47 and her pension is valued at $20,857.60.
Within thirty (30) days of the execution of this Agreement, HUSBAND shall
transfer to WIFE the amount of $29,206.27 from his TDSP account to a tax free account
established by WIFE. In the event WIFE requests a cash distribution, WIFE shall assume
responsibility for all tax consequences associated with said distribution. Both parties agree
to cooperate in the preparation of the Qualified Domestic Relations Order and shall equally
share the costs of preparation of same.
Page 6 of 11
" ,,~.:~1t:'f'\'
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C:\OFFICElWPW)N\WPDOCSIOOMESTIC\MSA\CONNELL Y MSA
December 10, 1998 .
Upon receipt of the $29,206.27, whereby WIFE waives nny right, title and interest
in HUSBAND's retirement benefits. HUSBAND shall solely own the benefits nnd will be solely
responsible for all liens associated with such benefits.
HUSBAND whereby waives any right, title and interest in WIFE's retirement
benefits. WIFE shall solely own the benefits and will be solely responsible for all liens
associated with such benefits.
11. DEBTS.
The parties are joint obligers on a Visa with a date of separation value of $15,000.
Within sixty (60) days of the execution of this Agreement, HUSBAND shall pay to WIFE the
sum of $7,500 for his portion of the obligation. Upon receipt of said payment, WIFE shall
either close the account or transfer any remaining balance to an account in her name alone,
thus removing HUSBAND's name from said obligation.
HUSBAND represents and warrants to WIFE that since the separation he has
not, and in the future he will not, contract or incur any debt or liability for which WIFE or her
estate might be responsible, and he shall indemnify and save WIFE harmless from any and all
claims or demands made against her by reason of such debts or obligations incurred by him
since the date of said separation, except as otherwise set forth herein.
WIFE represents and warrants to HUSBAND that, since the separation she has
not, and in the future she will not, contract or incur any debt or liability for which HUSBAND
or his estate might be responsible, and she shall indemnify and save HUSBAND harmless from
any and all claims or demands made against him by reason of such debts or obligations
incurred by her since the date of said separation, except as otherwise set forth herein.
Page 7 of 11
C:IOFFICElWPWIMWPoOcSIOOMES T1C\MSAICONNELL V ,MSA
Dec:lmbtlr 10, 1998 .
12. ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT
HUSBAND shall withdraw his pending support appeulllt docket 619-1996.
The parties hereby expressly waive, release, discharge und give up any and all
rights or claims which either may now or hereafter have for spousnl support, alimony
pendente lite, or maintenance. The parties further release any rights that they may have to
seek modification of the terms of this Agreement in a court of law or equity, with the
understanding that this Agreement constitutes a final determination for all time of either
party's obligations to contribute to the support or maintenance of the other.
13. ATTORNEY FEES. COURT COSTS.
Each party hereby agrees to be solely responsible for his or her own counsel fees,
costs and expenses. Neither shall seek any contribution thereto from the other party except
as otherwise expressly provided herein.
14. ATTORNEYS' FEES FOR ENFORCEMENT.
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 breaching party will
pay all reasonable attorneys' fees, court costs and expenses (including interest and travel costs,
if applicable) which are incurred by the other party in enforcing the Agreement, whether
enforcement is ultimately achieved by litigation or by amicable resolution. It is the specific
Agreement and intent of the parties that a breaching or wrongdoing party shall bear the
obligation of any and all costs, expenses and reasonable counsel fees incurred by the
nonbreaching party in protecting and enforcing his or her rights under this Agreement.
Page 8 of 11
C:\OF.FICE\WP.WINlWPOOCS\OOMESTIClMSA\CONNELL Y.MSA
December 10. IlI08 .
19. ENTIRE AGREEMENT.
This Agreement contains the entire understanding of the purties. and there are
no representations, warranties, covenants or undertakings other than those expressly set forth
herein.
20. CONTRACT INTERPIlETATION,
For purposes of contract interpretation and for the purpose in resolving any
ambiguity herein, the parties agree that this Agreement was prepared jointly by the parties.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals of
the day first above written.
This Agreement is executed in duplicate, and in counterparts. WIFE and HUSBAND
acknowledge the receipt of a duly executed copy herl '
'::~f:i~I(, . .. P. ~nn'l~j
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Evelyn Toy ConneUV . ' ~ ----r;
Page 10 of 11
8.~t OV: REAGER I ADLER, ATTNY8
717 730 7368 j
12/11/~8 14:2,9; ~ '871jPag. 2
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Page . 1.
farbenware pots & pans $25.00
Wrought shelf 50.00
Ladd.rb~ck chair 40.00
Soft & love seat 350.00
-M4hog. birdcage tilt-top table 175.00
_Drum table 30,00
_Palr table lamps 50.00
Secretary 600.00
~94/30 WG V Surprise 125.00'
..,175 Mother,s Darling Goebe1 W.G. 150.00
....415 Thoughtful ." 190.00
....350 On HolIday "145,00
".1,7/30 Goose Girl II 140.00 I
.,.Puppy Love II 125.00
.....129/0 Band Leader " 140.00
~58/0 Lost Sheep broken II 10.00
..,304 The ArtIst "175,00
".55 Culprits V "200.00
~21/0 Heavenly Angel V " 100.00
",U9 Postman I. 145,00. ).
;173 Little Helper .... 100,00_
",1978 Btr.ll 700 V'''''' II 40.00
4 Pes Leno~ 60.00
Chee vase 30.00
3 cloisonne e9gs 30.00
ChInese saki sat 40.00
Ginger jar 45.00
8 pc Japanese ceramic plates 120,00
Giraffe figurIne 25.00
~114pc Haviland china 700.00
8 crystal napkinn rings 48.00
8 ash trays 15.00
-"Crys ta 1 s tetllwa re 30. OC
...8l"ass bell 25.00
4pc silverplate tea set 75.0C
12 tumblers 25.00
.... Cut glass footed bowl 40.00
~Cut glass ped~st4l bowl 50.0e
8 sherb~ts 24.ee
Japanese fHh plHe 25.00
-,Pair sil~er~late candelabra 50.0C
Lenox salt &pepper 20.00
Bp American Drew Dining room suite 5500.00
9x12 C~in!se rug 1900.00
-"" Pair table lamos 70,00
".011 paintIng Mother & Chi1:l. ursigned 150.00
3 l;t~ograp~s. Aug, Sept, Nov. 50.00
Occaslcnal inn chair 50.00
2 highba(k arm (hairs, uph~lst!r!d 110.00
....Oak wall cloCi( 300,00
6)(9 rug !iO,OO
,. Lice in frame 20,00
~S~ll wa1] mirror 10.00
.I" cictures. r)Sl!~ R/'I /'1/'1
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Decomber 30. 1998'
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-1613
DANIEL P. CONNELLY.
Plaintiff
EVELYN TOY.CONNELL Y. CIVIL ACTION. LAW
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORI>
TO THE PROTHONOTARY:
Transmit the record. together with the following information. to the court for entry of an
appropriate divorce decree:
1. Ground for divorce: Irretrievable breakdown under ~ 3361(c) of the I>Ivorce Code.
2. Date and manner of service of complaint: The ComplaInt was flied on March 26,
1996, and was served on Evelyn Toy-Connelly by certlned mall on March 30, 1996.
3. (Complete either paragraph (a) or (b):
(a) Date of execution of the affidavit of consent re'luired by ~ 3301(c) of the Divorce
Code: by Plaintiff I>ecember 23, 1998; by Defendant December 24, 1998.
(1l)(1) DlIte ef elleelltieR ef the lIffitlllvit Fl!tJlIiretl Ily ~ ))Ql(tI) ef the Di\'erse
CeEle: ;
(2) DlIte ef filiRg aRtI serviae ef the PhliRtiff's lIffitlavit IIpeR the
FespsRt:lsRt:
Date: December 30. 1998
4. Related claims pending: None.
5. (Complete either (a) or (b).)
(a) Dale aRtllflaRfler ef 5erviee ef the Reliae ef iRteRtieRte Iile pFlleeipe te tFllRsmit
Ft1asFll. a eepy af .....hieh is attaehetl: .
(b) Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the
Prothonotary: December 30, 1998.
Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the
Prothonotary: December 30, 1998.
Respectfully Submitted.
REAGER & ADLER, PC
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Attomllir.D. No. 663
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IIAR-28-98 THU 18: 07 . REAGER & ADLER PC
FAX NO. 717 730 7366
P. 02
DANIEL P. CONNELLY.
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO. 96-1613 CIVIL
: CIVIL ACTION. LAW
: TN DIVORCE
ACCEPTANCE OF SERVICE
v.
EVEL YN TOY-CONNELL. y,
Defencl.3nt
r. EVELYN TOY CONNeLLY. Defendant in the above captioned action. hereby accept servleo
of the Complaint in Divorce.
Dale: March 3D, 1996
Ml'lR26 '9816:10
717 730 7366
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DANIEL P. CONNELLY,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO. 96-1613
: CIVIL ACTION - LAW
: IN DIVORCE
EVELYN TOY.CONNEll y,
Defendant
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION 330HCl OF THE DIVORCE CODE
1. I consent to the enlry of a final decree of divorce withoUl notice.
2. I undersland lhat I may lose rights conceming alimony. division of property, lawyer's fees
or expenses if I do not claim lhem before a divorce is granted.
3. I understand that I will not be divorced unlil a divorce decree is enlered by the Court and
that a copy of lhe decree will be sent to me immediately afler it is filed wilh the Prothonolary.
I verify lhat the slatemenls made in this affidavit are lrue and correct I understand that false
stalements herein are made subject 10 the penalties of 18 Pa.C.S. ~ 4904 relating 10 unsworn falsificalion
to authorities.
Dated: ! 'd I () L/ J 0,8
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: IN TilE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENN5YL VANIA
NO. 96-16/3
CIVIL ACTION - LA W
IN DIVORCE
.
DANIEL P. CONNELLY,
Plaintiff
v.
EVEL YN TOY,CONNELL Y.
Defendant
I)RAECII)E
TO THE PROTHONOTARY:
The Social Security number of the Plaintiff, Duniel P. Connelly. is 148-48-9679.
The Social Security numher of lhe Defendant. Evelyn Toy Connelly, is 06CJ,48,0060,
Respectfully Submilled,
REAGER & ADLER, I)e
Date: December 30, 1998
By:
I
lnleyl.D.
2331 Markel Street
Camp Hill. PA 17011-4642
Telephone No. [7171763-/383
Allollleys for Plaintiff
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 96-1613 CIVIL
: CIVIL ACTION - LAW
: IN DIVORCE
DANIEL P. CONNELLY.
Plaintiff
EVELYN TOY.CONNELL Y.
Defendant
MOTION FOR APPOINTMENT OF MASTER
(Pursuant to R.C.P. 1920.74)
Defendant moves the court to appoint a Master with respect to the following claims:
( X
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Divorce
Annulment
Alimony
Alimony Pendente Lite
( X
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Distribution of Property
Support
Counsel Fees
Costs and Expenses
and In support of the motion states:
(1) Discovery Is complete as to the clalm(s) for which the appolntmflnt of a Master Is requested.
(2) Defendant has appeared In the action by her attorney, Debra Denison Cantor, Esquire.
Plaintiff has appeared In the action by his attorney, Marla P. Cognettl, Esquire.
(3) The statutory ground(s) for divorce are 3301(d).
(4) Delete the Inapplicable paragraphs(s):
(8) Tne 8GtI,," 13 not Gonte3ted.
(b) An Agre~me"t "a3 been r~aGhed .vith re3peGt to the follo.win" clair".!.
(c) The action Is contested with respect to the following claims: equitable distribution of
property.
(5) The acllon does not Involve complex Issues of law or fact.
(6) The hearing Is sxpectod to take Yl day(s).
(7) Addlllonallnformallon, If any, relevant to the mollon: None.
Date: March 27,1998
By:
S N CANTOR, ESQUIRE
endant
~POIN~ORCEMASTER ~
AND NOW, to wit, thl:iD day of . 1998,
, ESq~polnted as Dlvor~e Master with respect to the following clalms_
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C:IOFFICElWPWINIWPDOCSlOOMESTIClCONNELL Y)EOUIT PET
January 20, 1998 .
WHEREFORE, Defendant respectfully requests this Honorable Court to equitably divide all
marital property and debt.
Respectfully Submilled,
REAGER & ADLER, PC
Date: January 20, 1998
By:
CANTOR, ESQUIRE
6378
Allorneys for Defendant
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tw"'O'~A,..,.'M)I'J"n.'"'
CREDIT PAYMENTS:
Cred~t card
Charge account
$166.00
LOANS OR DEBTS:
Credit Union
MISCELLANEOUS:
Household help
Child care
Camp
Pet expense
Papers/books/
magazines
Entertainment
Pay TV
Vacation
.
5491. 42
Gi fts
Legal fees
Charitable
Contributions
Religious
Memberships
Children' 5
Allowances
$40.00
547.41
$125.00
533.00
5230.00
587.00
$40.00
Other Child
Support
Alimony
payments
Lessons for
Children
.
I understand that the statements made herein are subject to the penalties of 18 Pa.C,S. ~
I verify that I have reviewed this fonn with my client and to the best of my
knowledge the answers herein are true and correct.
i6
,
I, ESQUIRE
.l'- ~ 0/
Maria P. Cognetti
200 Nonh Third Sir.",
Twdfth FI,"'r
P 0, Box 689
llarri.bUlM. P A 17108.()689
(717) 232.2103
Fa.x (717) 232.5775
Pta..1il;l: Umil.:d tu Family W M411tntonial r.-.w
M,IRIA P COON~TII t
t
F.llow, i\mct1~ I~Y
of Matrimonial l...wycn
K,IR~N ,\ SIIF.RIFF
1.ca-I/\a1lt&nt
April 27, 1998
E. Robert Elicker, II, Divorce Master
Cumberland County
9 North Hanover Street
Carlisle, PA 17013
RE: CONNELL Y V. CONNELLY
DOCKET NO. 96-1613
Dear Mr. Elicker:
Enclosed for filing please find Plaintiffs Pre-Trial Statement and Income and
Expense Statement. Thank you for your attention to this matter.
Very truly yours,
I/w--l);k~
Karen A. Sheriff
Legal Assistant
Enclosure
cc: Debra Denison Cantor, Esquire
Daniel P. Connelly
'.
DANIEL P. CONNELLY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
.
.
CIVIL ACTION - LAW
VB.
EVELYN TOY-CDNNELLY,
Defendant
NO. 96-1613
19
CIVIL
: IN DIVORCE
STATUS SHEET
DATE:
ACTIVITIES:
3/31/ 8
hi
-\
~ / Y
~.IG. cfl
/:l-I~YI ~v
~. I 0 I~ ' t.c fJ VJ(}. ,.{IYl n~(, ~ftYtled
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~~~&<~ __ ;f~~
~liLlnlp, 'fl'(. O~lL. -l . ~~ .
DANIEL P. CONNELLY
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 1613 CIVIL
VS.
:
EVELYN TOY-CONNELLY,
Defendant
.
.
IN DIVORCE
CONFERENCE
WITH COUNSEL AND PARTIES
TO: Maria P. Cognetti
Daniel P. Connelly
Debra Denison Cantor
Evelyn Toy-Connelly
, Counsel for Plaintiff
, Plaintiff
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the
14th
day of September, 1998, at 9:00
a.m., with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of settlement
of claims. If issues remain after the conference, a hearing
will be scheduled at another date.
Very truly yours,
Date of Notice: 7/31/98
E. Robert Elicker, II
Divorce Master
-.... '
DANIEL P. CONNELLY,
PllIintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 1613
vs.
: CIVIL ACTION - LAW
EVELYN TOY-CONNELLY,
Defendant IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Daniel P. Connelly , Plaintiff
Maria P. Cognetti , Counsel for Plaintiff
Evelyn Toy-Connelly , Defendant
Debra Denison Cantor Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle. Pennsylvania on the 18th day
of March , 1999, at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
President Judge
Date of Order and
Notice: 9/16/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARI,ISLE, PA 17013
TE1,EPIIONE ('I 17) 249- 3 1 66
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY. PENNSYLVANIA
C:IOFFICElWPWINlWPOOCsIOOMESTIClCONNELL Y\OIVOACE,PTs
Apn123, 1998
DANIEL P. CONNELLY.
Plaintiff
EVELYN TOY _CONNELLY.
Defcndant
: NO. 96-1613
v.
: CIVIL ACTION - LAW
: IN DIVORCE
p"-TRlAL STATEMENT OF DEFENDANT. EVEL VN TOV CONNELL V '
I.
.
.
PLAINTIFF:
Daniel P. Connelly
14 cumberland Estates Drive
Mechanicsburg. PA 17055
44
September 28. 1953
No health problems and/or issues have been raised.
StafflProject Manager
IBM
I.
2.
Namc:
Address:
3.
4.
5.
6.
7.
Age:
Date of Birth:
Health:
Occupatior.:
Employer:
DEFENDANT:
I. Namc:
2. Address:
3. Agc:
4. Date of Birth:
5. Health:
6. Occupation:
7. Employcr:
Evelyn T. Connelly
1122 W. powderhom Road
Mechanicsburg. P A 17055
43
May 6. 1954
No hcalth problems and/or issues have been raised.
Program Support Manager
IBM
C:IOFFICElWPWINlWPOOCSIOOMEsTlClCONNELL VlDIVORCE,PTs
April 23. 1998
CHILDREN OF THIS MARRIAGE:
1. Name:
2, Datc of Birth:
3. Age:
1. Name:
2. Date of Birth:
3. Age:
Philip Connclly
November 3. 1982
15
Catherine Connelly
August 31. 1984
13
MARRIAGE INFORMATION:
1.
2.
3.
4.
5.
Date of Marriage:
Place of Marriage:
Date of Separation:
Date Action Commenced:
Issues Raised:
April 29. 1978
New Jersey
March 22. 1996
March 26. 1996
Divorce
Equitable Distribution
II. ASSETS:
A. Real Prqpcrty
1. The parties arc joint owners of real propcrty locatcd at 14 Cumbcrland Estates Drive.
Mcchanicsburg. PA 17055. The propcrty is valued at approximately $200.000.
n. V chicles.
1985 Mcrcedcs 380SL
1983 Merccdes Sedan
2
C:\OFFICElWPWINIWPOOCS\OOMEsTlClCONNELL YlDIVORCE.PTs
ApnI23.1998
2. Equal division of the retirement funds by Qualified Domestic Relations Order.
3. Defendant will retain her premarital property. All remaining personal property shall be
divided equally.
4. Each party will retain their own vehicle.
5. Each party will assume their own TDSP Loan.
6. The credit card debt will be divided equally.
7. The mortgage and equity line will bc paid with the sale proceeds or assumed by Plaintiff
in rctaining home.
8. Cash exchange to equal a 50% distribution.
Respectfully Submilled,
REAGER & ADLER, PC
Datc: April 23, 1998
By:
2331 Market Street
Camp Hill, PA 17011-4642
Telcphone No. [717] 763-1383
Allorneys for Defendant
5
"
~"_',~i
C:IOFFICElWPWINlWPOOCsIOOMEsTIClCONNELL \'\DIVORCE,PTs
April 23. 1998
CERTIFICATE OF SERVICE
AND NOW, this 24th day of April, 1998.1 hcrcby vcrify that I havc causcd a true and correct
copy of the foregoing Prc-Trial Statemcnt ofDcfendalll,to be placcd in the U.S. mail. first class. postagc
prepaid and addrcssed as follows:
Maria P. Cognelli, Esquire
200 North Third Street
12th Floor
POBox 689
Harrisburg, PA 17108-0689
CAGER & ADLER, P.C.
By:
(
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the t\ght to ca\\ such e1.\le
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oefet\dant
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. et VI\\\ testify VI\th telJ,atd to the
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b.
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f \WI"'O()WS\WPWlNOO'P1,E^U1~li"rf)NNf.LVl PH
41H'11
III. FACT WITNESSES: Plaintiff intcm~s to callthc following fact witncsses:
a. Plaintiff will tcstify about all matters relating to the assets of the
parties, thc break-up of the marriage, and the factors listed in the
Divorce Code,
b. Defendant as on cross, to testify about all matters relating to the
assets of the parties, the break-up of the marriage, and the factors
listed in the Divorce Code.
Plaintiff reserves the right to call such additional fact witnesses as may be
necessary to respond to evidence submitted by Defendant.
IV. EXHIBITS: The exhibits to be produced by Plaintiff will consist of copies
of statements showing values of the parties' home, pensions and retirement benefits,
personalty, bank accounts, stock accounts and plans, and automobiles. Plaintiff reserves
the right to offer into testimony such additional exhibits as may be necessary to respond
to evidence offered by Defendant.
V. INCOME: Plaintiff is presently employed by AMP, Inc. as a project
manager. His net bi-month1y income is approximately 51,020,32
VI. EXPENSES: See Plaintiffs Income and Expense statement.
VII. PENSIONS: Both Plaintiff and Defendant are employed by IBM. 80th
have retirement benefits available to thcm through IBM. The parties' tax deferred savings
plans are listed on the attached spreadsheet. As for their pcnsions, if the parties are
DESCRIPTION POSSESSOR VALUE
Marital Residence Husband $170,000.00
Mortgage. Chase Manhattan Husband (SIIO,OOO.OO)
Home Equity Loan-Americhoice Husband ($21,000.00)
1983300 SD Mercedes Husband S3,000,00
1985380 SL Mercedes Wife $16,000.00
IBM Pension Husband .Unknown
IBM Pension Wife .Unknown
IBM Tax Deferred Savings Plan Husband $86,105.17
Loan # I Husband ($225.00)
Loan #2 Husband ($16,149.97)
IBM Tax Deferred Savings Plan Wife $41,562.47
Loan # 1 Wife ($13,945.14)
Loan #2 Wife ($9,857.77)
IBM Stock Plan (84.847 shares) Husband $9,964.22
IBM Stock Plan (54.703 shares) Wife $6,541.62
Misc. Household Furnishings Husband $18,638.00
Misc. Household Furnishings Wife Unknown
Jewelry Wife Unknown
TOTAL SI80,633.60
RECEIVED NOV'2 , 1997
JOHN T. ENSMINGER
AUCTIONEER and APPRAISER
302 Fireside Drive. Camp Hili. PA 17011.1421
Phone (717) 763,9779 FAX (717) 541.9444
November 19, 1997
Maria P. Cognetti, Esquire
P. O. Box 689
Harrisburg. PA 17108-0689
Re: Connolly vs Connolly
Dear Ms. Cognetti:
In accordance with your request, I have appraised the personal property
located at the residence of Daniel Connolly. 14 Cumberland Estates Drive,
Mechanicsburg, Pennsylvania.
The values shown have been arrived after careful consideration and I believe
that they represent a fair market value as of this date.
Fair market value is defined as being the mcst reasonable or probable price
in terms of money which real or personal property will bring in an open and
competitive market under all conditions requisite to a fair sale, the buyer
and seller each acting in a prudent and informed manner. and assuming the
price is not affected by undue stimulus.
Taking into account the figures on the following pages, it is the opinion of
the undersigned that the fair market value of the property is $18,638.00
(Eighteen Thousand Six Hundred-thirty-eight Dollars).
Employment in and compensation for making this appraisal are in no manner
contingent upon the values reported and I certify that I have no financial
interest in the property appraised, present or contemplated.
Very truly yours,
"-;;~\v.~,1 j. E~1. J-yl.....'-r...J..i?
(JOhn T. Ensminger
Personal Property - Conne1,\'
page - 1-
Farberware pots & pans $25.00
Wrought shelf 50.00
Ladderback chair 40.00
Sofa & love seat 350.00
Mahog. birdcage tilt-top table 175.00
Drum table 30.00
Pair table lamps 50.00
Secretary 600.00
94/30 WG V Surpri$e 125.00
175 Mother,s Darling Goebel W.G. 150.00
415 Thoughtful II 190.00
350 On Holiday 145.00
47/30 Goose Girl 140.00
Puppy Love 125.00
129/0 Band Leader 140.00
68/0 Lost Sheep broken 10.00
304 The Artist 175.00
56 Culprits V 200.00
21/0 Heavenly Angel V II 100.00
119 Postman II 145.00
73 Little Helper II 100.00
1978 I3(f:ll 700 V II , 40.00
4 Pcs Lenox 60.00
Chec vase 30.00
3 cloisonne eggs 30.00
Chinese saki sat 40.00
Ginger jar 45.00
8 pc Japanese ceramic plates 120.00
Giraffe figurine 25.00
114pc Haviland china 700.00
8 crystal napkinn rings 48.00
8 ash trays 16.00
Crystal stemware 30.00
Brass bell 25.00
4pc silverp1ate tea set 75.00
12 tumblers 25.00
Cut glass footed bowl 40.00
Cut glass pedestal bowl 50.00
8 sherbets 24.00
Japanese fish plate 25.00
Pair silverp1ate candelabra 50.00
Lenox salt &pepper 20.00
8p American Drew Dining room suite 5500,00
9x12 Chinese rug 1900.00
Pair table lamps 70.00
Oil painting Mother & Child, unsigned 150.00
3 lithographs, Aug, Sept, Nov. 50,00
Occasional arm chair 50,00
2 highback arm chairs, upholstered 110.00
Oak wall clock 300.00
6x9 rug 50,00
Lace in frame 20.00
Small wall mirror 10,00
4 pictures, roses 80.00
Pair table lamps 60.00
Mahog octagonal end table 40.00
REAGER & ADLER, PC
ATTORNEYS AND COU,,"SElORS Ar lAW
1 J II "'tARII;[f SHurr
(AAIP HILL. PENNSYlVANIA 1701l''''H1
7l1.Ud.IUII
TUHAX 1I7.7)0.1Ihll
WfOliIT(: Rt'JKl'I^tllt',II{'.(tlm
IHEODORE A. ADLER'.
DAVID W. REAGER
LINUS E. fENIClE'
DE8RA DENISON CANIOR
mOMAs O. WILLIAMS
SUSAN H. CONFAIR
IULIE A. M,CONAfIY
December 24. 1998
lP.K<J1 A\."i,l.:mh:
JENNIFER S. KUflNS
SUSANNE K. SAIHER
MONICA D. lERCHER
-A/if) Jdmilllod 10 O.c. B.n
.AI\() Jdmilll'lllo Ohio BoIr
HAND DELIVERED
E. Robert Elicker, 11, Esquire
Divorce Master
Office of Di vorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Connelly v. Connelly
Dear Bob,
Enclosed please find the original and one (I) copy of the Manial Settlement Agreemcnt in
the above captioned mailer. Please file the MDtion for Revocation ot' yuur uppointmcnt us soon
as possible. If possible, we would like to have the divorce finalized prior III the end of thc ycur.
Your allention is appreciated. Happy holidays.
ij;;ve) truly
I U'{h
ebra Dc,fi~
"!L...'
/ ..
/ -
'0
DDC/cms
Enclosure
cc: Evelyn Toy-Connelly
Maria Cognelli
+ Certified ..s a Civil TrlJ.1 Sfret:i.J1I\1 by lh~ N.lIlllndl 8u...rd of Tridl Adv(x.Il-Y, ^ Pl'nmyllJJniJ Supreme Court Accredited Agency
.
11 ---","
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IBM Tax Deferred Savings Plan (TDSP)
Domestic: Relations Order Form
(1anuar~' I, 1998 edition)
Cumberland County
Court of Common Pleas
(name of stale coun)
(In rc: the marriage of. e.g,)
.
.
9~l613 Civil Action - Divorce
(Case Number)
Daniel P. Connelly
(na",Q of one pnrt)')
and
Evelyn Toy-Connelly
(name of other party)
.
.
Stipulated Domestic
Relations Order
Application to the IBM Tax
Deferred Savings Plan
.
.
.
As part of this dissolution of marriage proceeding. the parties having agreed upon the division of
the participant's account in the IBM Tax Deferred Savings Plan (TDSP); the Court enters the
following order applicable to TDSP:
mls ORDER SHOULD BE SUBMITTED WITH AN APPROPRIATE COVER LETTER
TO: IBM TDSP QDRO ADMINISTRA TIONt P.O. BOX 292677, NASaVll.LE, TN
37229-2677.
I. The party to this action whose account in TDSP is subject to this order is hereafter called
"Participant" and is identified (with the Participant's last known mailing address), as follows:
Daniel P. Connelly
(name)
148-48-9679
(social security number)
14 Cumberland Estates Drive
(street address)
Mechanicsburg, PA 17055
(city. state and zip code)
91866l
(IBM serial number)
2, The party to whom payment is to be made under this order (hereafter called" Alternate
Payee") is the Alternate Payee ofPanicipant's interest in TDSP and is identified (with
his or her last known mailing address). as fol!ows:
Evelyn Toy-Connelly 069-48-0060
(name) (social security number)
ll22 West Powderhorn Road. Mechanicshm"it PA I7n'i'i
(stn:ct address) (city. state. and zip code)
..
TDSP Domestic Relations Order Form.- Page 2 (January I, 1998 cdillon)
3. A loan to a participant is made by taking invested funds out of the participant's account. The
total value of the account is the value oflhe invested funds and any loan amounts outstanding.
The available account balance is the amount of invested funds, which balance does not include
amounts previously loaned out to the partici;lanl. The distribution 10 the Alternate Payee
specified by paragraph four (4) is made up to the limit of available funds as of the date of
distribution and does not aller the Participant's obligalion to repay any loans then outstanding.
4. The Plan Administrator of the TDSP is directed to make Ii lump sum distribution from the
Participant's account in TDSP to the Allemate Payee of: (fill in only one option; put N/A for "not
applb':Jle" in the blanks for the other options.)
a. N/ A , as well as a pro rata share from N/ A to the date of
(dollar amounl) (dalc)
distribution of any gains or losses in the account on that amount.
b. N/A ,percent( %) of (he available account balance as of N/A
(in words) (datc)
(which b81ance does not include loan amounts outstanding). as well as pro r8ta share from the
date s"ecified to the date of distribution of any gains or losses in the account on that amount.
c. N/ A , percent( %) of the total account value as of N/ A
(in words) (dalc)
(which value includes loan amounts outstanding), as well as a pro rata share from the
date specified to the date of distribution of any gains or losses in the account on that
amount.
d, $29,206.27. as an absolute dollar amount.
(dollar amount)
e. N/ A percent ( %) of the available account balance as of N/ A
(in words) (date)
(which balance does not include loan amounts outstanding), as an absolute dollar amount.
.
f. N/ A , percent ( %) of the total account value as of N/ A
(in words) (dale)
(which value includes loan amounts outstanding). as an absolute dollar amount.
Effective May 19, 1995, distributions from TOSP are valued daily and the applicable valuation for
the account as of any specified date is based upon the preceding valuation date. For orders with a
specified date prior to May 19,1995, a weekly (Thursday) valuation date will be used effective
during the Plan's weekly valuation period from 4/1/90 and 5/18/95 and a monthly valuation date
will be used if effective prior to 4/1/90. The prorata share of gains and losses is based upon the
changes in unit values oflhe funds in which the account was allocoted on the specified date.
.. ~'. -
TD5P Domestic Relations Order Form- Page J (January I. 1998 edition)
S. If the Alternate Payee dies after the issua~ce of this order, TDSP is to make the
applicable distribution to the alternate payee's estate.
50 ORDERED,
this ';II'X day of '11JaMJ 1999
(monlh. yc:.1r)
EfJ.o" l3 6tJ.'f/1!y.
(na orjudgc)
AppfO\':.j: (court SClI,I)
L(q"
(date)
I
E1.-r ~/1-'1f
(AIt tll hyeI or IUomcy) tel