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HomeMy WebLinkAbout96-05875 ~'. i i.s:. " U) ,l ./J 'i7 , o. r l.. ii li- S . .~ V) ~ j ~~~~~-~~~-~~.~*~~**-~)*~-~.~~~~-~.~ ~ - -~----- '.----.-.--,----- -- - - ... --.-----" -~- 8 ~ 8 M ~ ~ IN THE COURT OF COMMON PLEAS : , ~ ~ OF CUMBERLAND COUNTY $ ~ ~ : STATE OF ~~ PENNA. ~ ~ ... ;:l .. ;:l ... ;:l ... ;:l ... ;:l ... ;:l I: Dv The Cuurt: goft~ i~ ~ .11'-7 .:~ Allesl: . f/\/' ,j Jfi J :~ l t,...dl"r.til"(.'t./.~t":~ '!d~.l{, J'-kAr/"'~I.I~~;~ l-l-- "/ ~. / or- ty-~ ,/ I'd,/,,, /,0, '..A."'" '<; / rothol1otnry I'.' LISA M. SHEAFFER, 96-5875 Civil 'reon PIAINrIFF No, V t'l':-i II:; TOCWIS J. SHEAFFER, DEFENDANT INDIWI1CE ~ ~ ... <:i DECREE IN DIVORCE ~l ~ ~ ~ ~ ~ ~ ~ $ $ AND NOW,. .J>t'.c ,.-:",~.e.J.,:So P..,..., 19.~.f). it is ordered and decreed that .. ..~~~~.~1:. ~~~. . . . . . . .. . ... . ...... . .... , .... plaintiff, and. . . . . . . . , . .' , ~, :1.-. ?~ , , , . . . . , . . . . . . . . . , . , ., . . " 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; ~ '" ;:l ~ $ ~ " . ,~.~'.. .~~ .~~ .,!f .t,he: .~L~i~'le: .~e:ttl~t; l\'1~t; .c)"t;0:) .~~~ .~, .~997 . am inooqxn:ated but J10t J1Erged .into .this .Decree. . . . . . . . . . . . . . . . . . , . . . . . . ~ 8 ~ 8 ~ ~ ------....,.- .. ,,~ '4ICO -=-:. .>>;. -:.:- '-.. ~ $ ,;, ;:l ~ 8 $ ~ P.l $ $ ... ;:l ~" P.l $ 8 ~ $ ~ ~. ~ ~ ~., ... ;:l ~ ., ~ .~ ~ ',' ~ .~ ~ (:4: /'," , . ~ .:+;. .:.;. .:+:. .~.:. .:.;. .:+;. -:.;. -:.;. .:+:. .:+:.' .. .:' .>>:. -:.:. .:<<. .>>:. -:.;. .~:. -:+.:- -:.;. .:+;. .:.:- -:.;. .:.;. .:.:- 4, The consideration for this contract and agreement is the mutual benefit to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration lor all agreements herein containcd is stipulated, conlessed, and admitted by the parties, and the parties intend to be legally bound hereby, Each party to the Agreement acknowledges and declares that he or she, respectively: (I) is represented by counsel of his or her own choosing, Rebecca R, Hughes, Esquire for HUSBAND and Carol J. Lindsay, Esquire for WIFE; (2) is fully and completely inlonned of the facts relating to the subject maller of this Agreement and of the rights and liabilities oflhe parties: (3) enters into this Agreement voluntarily after receiving the advice of counsel; (4) has given careful and mature thought to the making of this Agreement; (5) has carefully read each provision of this Agreement; and (6) fully and completely understands each provision of this Agreement, both as to the subject mailer and legal effect. This Agreement shall become effective immediately as of the date of execution. 5. It is the purpose and intent of this Agreement to sell Ie forever and completely the interest and obligations of the parties in all property that they own separately, and all property that would qualify as marital property under the Pennsylvania Divorce Code, Title 23, Section 3301(e), and 3 that is referred to in Ihis Agreement as "Marital Property", as between themselves, their heirs and assigns, The parties have attempted to divide their Marital Property in a manner that conttmns to a just and fair standard, with due regard to the rights of each Party, The division of existing Marital Property is not intended hy the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property not constituting a part of the marital estate, It is the further purpose of this Agreement to settle forever and completely any obligation under the Pennsylvania Divorce Code relating to spousal support or alimony. 6, Each party represents and warrants that he or she has made a full and fair disclosure to the other of all of his or her property interests of any nature, including any mortgage, pledge, lien. charge, security interest, encumbrance, or restriction to which any property is subject. Each party further represents that he or she has made a full and fair disclosure of all debts and obligations of any nature for which he or she is currently liable or may become liable. Each further represents and warrants that he or she has not made any gifts or transfers tor inadequate consideration of Marital Property without the prior ~onsent of the other. Each Party acknowledges that, to the extent desired, he or she has had access to all joint and separate State and Federal Tax Returns tiled by or on behalf of either or both Parties during marriage, 7. REAL ESTATE: WIFE hereby agrees to waive all right, title and interest which she may have in marital residenee located at 1140 Forge Road, Carlisle, Cumberland COllnty, 4 \ , Pennsylvania. HUSBAND shall pay to WIFE the sum of Fitly-Four Thousand Eight Hundred Eighty and 16/100 ($54,880,16) Dollars by December IS, 1997. WIFE shall sign a deed to said property upon receipt of the above-mentioned payofI HUSBAND further agrees to remove WIFE's name from the mortgage on said property by December IS, 1997, From the dale of the execution of this Agreement through December IS, 1997, HUSBAND shall be solely responsible and shall hold hannless and indemnify WIFE from allliahility associated with said mortgage, 8, SUPPORT: It is the mutual desire of the parties that HUSBAND will not be required to pay support to the WIFE, WIFE will not provide any financial support to the HUSBAND, The parties also waive any right they have to receive alimony payments from the other following the entry of the Divorce Decree in this matter, The parties further agree that the current Alimony Pendente Lite Order against HUSBAND in favor of WIFE shall be suspended etlcetive October 30, 1997. 9, PERSONAL PROPERTY: The parties agree that the personal property has been divided to the parties' mutual satisfaction with the exception of the two cemetary lots at Cumberland Valley Memorial Gardens. It is hereby agreed that HUSBAND shall retain the double lot and WIFE shall retain the single lot which includes a vault and a marker, The WIFE hereby waives all right and title which she may have in any personal property of the HUSBAND. HUSBAND likewise waives any interest which he has in the personal property of the WIFE. Hencetimh, each of the parties shall own, havc and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and 5 description and wherever situated, which arc then owned or held by or which may hereaner belong to the HUSBAND or WIFE with lull power to the HUSBAND or the WIFE to dispose of same as lully and effectually, in all respects and for all purposes as ifhe or she were unmarried. 10. ,.\UT0I\10BILES: a.) WIFE agrees to convey any and all interest which she may have in the 1995 Chevrolet Q-20 Conversion Van which is currently titled in joint names. HUSBAND shall indemnifY and hold WIFE hannless lor the loan currently against said vehicle, WIFE hereby agrees to cooperate in translcring the title into HUSBAND's name individually within thirty (30) days of the final payment of said loan. From the date of thc execution of this Agreement, HUSBAND shall be responsible lor any and all insurance on said vehicle, and any and all payments associated with the purchase of said vehicle. b,) HUSBAND agrees to convey any and all interest which he may have in the 1994 Chevrolet Lumina. HUSBAND shall cooperate in transfering the title into WIFE's name individually within thirty (30) days of the date of execution of this Agreement. WIFE shall be responsible for any and all insurance on said vehicle from the date of the execution of this Agreement. II. MARITAL DEBTS: It is lurther mutually Ilgreed by and between the parties that WIFE shall assume all liability l(lr and pay and indemnifY the HUSBAND against all debts incurred by WIFE aner the date of separation, WIFE represents and warrants to HUSBAND that since the parties' marital separation she has not contracted or incurred any debt or liability lor which 6 HUSBAND or his estate might be responsible and WIFE further represents and warrants to HUSBAND that she will not eontraet or incur any debt or liability aner the execution of this Agreement, for which HUSBAND or his estate might be responsible. WIFE shall indemnify and save HUSBAND harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her, HUSBAND shall assume allliubility for and puy and indemnify the WIFE against all debts incurred by HUSBAND uner the dute of separution, HUSBAND represents and warrunts to WIFE thut since the purties' marital separation he has not contructed or incurred any debt or liability lor which WIFE or her estate might be responsible and HUSBAND further represents and warrants to WIFE that he will not contract or incur any debt or liability aner the execution of this Agreement, for which WIFE or her estate might be responsible, HUSBAND shall indemnify and save WIFE harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him, 12, INSURANCE AND EMPLOYEE BENEFITS: HUSBAND hereby agrees to transfer Twenty Thousand and nollOO ($20,000.00) Dollars out of his 401K currently held through his employer into an Individual Retirement Account for WIFE, HUSBAND shall cooperate in obtaining a Qualified Domestic Relations Order setting forth the terms of said transfer, which shall also include a provision providing for the accrued interest on the Twenty Thousand and noli 00 ($20,000,00) Dollars as of October 31, 1997 through the date of transfer, The parties agree that any life insurance policies on the life of HUSBAND or WIFE or any other employee benefits, including but notlimitcd to retirement, prolit sharing or medical benefits of either party, shall be their own. WIFE waives all right, title und claim to HUSBAND's employee benefits, 7 with the exception as noted above. and HUSBAND waives all right. title, and claim to any of WIFE'S employee benefits, 13. INVESTMENTS AND BANK ACCOUNTS: WIFE agrees to waive all right. title and interest which she may have in the savings or checking or any other bank accounts of the HUSBAND. and HUSBAND agrees to waive all interest which he has in the bank accounts of the WIFE. WIFE hereby waives any right. title or interest in the stock club in which the parties invested during the marriage. and agrees to cooperate in executing any and all documents necessary to complete the transfer of the interest into HUSBAND's name individually, 14, DIVORCE: The parties both agree to cooperate with each other in obtaining a tinal divorce of the marriage, It is agreed that the parties wiII execute and file the consents necessary to obtain the divorce. Any party who fails to cooperate with obtaining the Divorce shall pay all the costs and legal fees of the party who is seeking the divorce, 15, BREACH: If either party breaches any provisions of this Agreement. the other party shall have the right. at his or her election, to sue tor damages for such breach or seck such other remedies or relief as may be available 10 him or her. and the party breaching this contract should be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 8 16, ADDITIONAL INSTRUMENTS: Each of the parties shall Irom 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 to give full force and effect to the provisions of this Agreement. 17, VOLUNTARY EXECUTION: The provisions of this Agreement and their legal etlcct have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, and that it is being entered into voluntarily, and that it is not the result of any duress or undue influence, The provisions of this Agreement are fully understood by both parties and each party acknowledges that the Agreement is lair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence, 18, 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. 19, APPLICABLE LAW: This Agreement shall be construed under the Laws of the Commonwealth of Pennsylvania, 9 -.r. -...._ .~ J (~ ~ s ~ 'r,' " '" I' .. ... ..... .... " .. .... " l"- Ii ~ ~ ~ ii; C") ,:'- c':. . . ;:-: M j .,," ~~") I ~ ,1 C' :5': :);i:: ~/ 0- "\'~j (' .~ r &... ;-;"1) 'U C'<J 1 .~;~ 0;\: '.- .-., t- ..<II.. ...., : q;j 1': C .!...... \I. v:> ..:) 0 O' U ~ >: - ~ tT;: U-:. ~---.: M :-i.( <:.' ~t~ ()~ ~ '~J:? L~ ,.,:5 ~.. :: ;:) \< N L- , 1:<: re~'! cr: ~i~ ,L. e.. I;.,,~,l :.l~ t-' ..J: '" .... ::;i <.) 0' U I .' . . ,. ...- - In the Court or Commou l'leu.~ or ClIJ\lIIERUND Couuty, I'ennsylvanla DOMESTIC REI.ATIONS SE('TION LISA M, SHEAFl'ER Dlldel Numher 96-5875 l'lahuill VS. I'ACSI'S Case Numher 842000035 THOMAS J. SHEAFFER DclcuJalll Olher Slale ID Numher DR 26,285 l'ETITlON FOR MODIFICATION OF AN EXISTING SUI'I'ORT ORDER I. The petition of THOMAS J. SHEAFFER respectfully represents that on APRIL 16, 1997 . an Order of Court was entered for the support of LISA M. SHEAFFER A true and correct copy of the order is auached to this petition. 2. Petitioner is elllitled to 0 increase GU decrease 0 termination 0 reinstatement o other of this Order because of the following material and substalllial change(s) in circumstance: Petitioner has reason to believe that the respondent has increased her , earnings. ~ ::t: Service Type M Form OM-501 Worker ID 21204 G' r-- If: ;.::-; I,ll , J', II:' I..r:; ,_t, ';l tl'. I '. 1-- IL' , j L:. ~j ~ f"- er , ) ........ --= l' . ..... ~ b. Mother shall have New Year's Day and the Fourth of July in odd numbered years, and father shall have New Year's Day and the Fourth of July in even numbered years. 6. Father shall exercise physical custody of the minor children from 9:00 a.m. on December 24 through 9:00 a.m. on December 25; Mother shall exercise physical custody of the minor children beginning 9:00 a.m, on December 25 and shall continue to have physical custody of the children during the remainder of the Christmas week so long as she has that week off from her work, In the event mother does not have Christmas week off from her work, her period of physical custody shall end at 9:00 a.m. on December 26, and the regular custody schedule as noted in Paragraph Two (2) above shall continue. 7. Except for 1996, father shall exercise physical custody of the minor children from the Wednesday before Thanksgiving, beginning after school, through the Saturday after Thanksgiving at 9:00 a.m.; Mother shall exercise physical custody of the minor children from the Saturday after Thanksgiving at 9:00 a.m. through the Monday after Thanksgiving at 7:00 p.m. In 1996 only, the schedule shall be reversed so that mother shall have custody of the children from Wednesday after school until Saturday at 9:00 a.m" and father shall have custody of the children from Saturday at 9:00 8.m. through the Monday after Thanksgiving at 7:00 p.m. 8. The parties will keep each other advised immediately relative to any emergencies concerning the child and shall further take any necessary steps to ensure that the health, welfare and well being of the child is protected. In the Court of Common Pleas of CUMBERLAND County, Peunsylvanla DOMESTIC RELATIONS SECTION LISA M. SHEAFFER ) Duck<l Numh<r 96-5875 PI.lmlff ) VS. ) PACSES Case Numher 842000035 THOMAS J. SHI!AFFER ) 0-26285 Dd'el1lJalll ) Oth<r State 10 Numher Qrlkr AND NOW to wit. this NOVEMBER 5, 1998 it is hereby Ordered that: ABOVE CAPTIONED ALIMONY PENDI!NTE LITE ORDER IS TERMINATED, EFFECTIVE OCTOBER 30, 1997, WITH NO BALANCE DUE WIFE. THE PETITION FOR CONTEMPT OF ALIMONY PENDENTE LITE IS WITHDRAWN, BY THE COURT: ORO: R.J. Shadday ~ cc: defendant and plaintiff .-\ ~..( cc: Carl.Jl J. Llnds.sy, Esq. rf~t\.,_~_. cc: Rebecca R, HURhes. EGq.. ,'I'''\,'-{ JUDGE Servic< Typ< M Furm OE.DOI WlIIk<r 10 21005 c:\\.\l'~1\~helllrcr'4Jru March 2.&,IIJ'1') Employees and is administered by the Plan Administrator whose address is Ahlstrom USA, Inc" Ridge Center, Glen Falls, NY 12801, 2, The term Alternate Payee has the meaning given in Section 414(p)(8) of the Code in Section 206(d)(3)(K) of ERISA. 3. Reference to the Participant's "interest" or "benefits" means all amounts allocated to the Participant's accounts under the Plan from all sources, including employer contributions, employee contributions, forfeitures, rollovers and transfers as adjusted for earnings and losses of the trust fund in accordance with the terms of the Plan, Unless otherwise specified the term account refers to the aggregate to all record keeping and/or segregated accounts maintained for the Participant under the Plan. 4, The Participant to whom this order applies is Thomas J. Sheaffer, a, The Participant's current mailing address is 1140 Forge Road, Carlisle, PA 17013. The Participant's Social Security number is 175-48-6932. 5. The Alternate Payee under this order is Lisa M. Sheaffer, a. The Alternate Payee's current mailing address is 54 South Pin Oak Drive, Boiling Springs, PA 17007. b, The Alternate Payee's Social Security number is 161-60-4878, 6, In accordance with all other terms of the order, a portion of the Participant's interest in the Plan is hereby assign 3d to the Alternate Payee as follows: a. The Alternate Payee's share shall be $20,000 as of October 31, 1997 and a prorata share of any investment gains and losses in the Participant's accounts from C:\",pj l~hcilITcr.qL1ru Murch .2-1,11)1)1' October 31, 1997 until the date of distribution to Alternate Payee, provided this amount does not exceed the value of the Participant's account as of the Plan valuation date that coincides with or next falls the date this order is received by the Plan, b, The share assigned to the Alternate Payee shall be deemed attributable to the different types of Plan contributions that have been made by or for the Participant, and earnings on such contributions on a pro rata basis, in the same proportion as the Participant's interest in the Plan as of the valuation date used in determining the Alternate Payee's share under sub paragraph (a) above, 7, As soon as practicable after this order is determined to be a QORO, the Alternate Payee's share shall be distributed to the Alternate Payee by a rollover of the lump sum payment into a segregated tax deferred account without tax consequence to either Participant or Alternate Payee, Under Section 15,2 of the Plan, distributions can be made to the Alternate Payee before the Participant reaches his "earliest retirement age" as defined under Section 414(p)(4) of the Code and Section 206(d)(3)(E) of ERISA. Notwithstanding the above, the Alternate Payee must comply with the procedures of the Plan for obtaining distributions and complete and submit all forms required by the Plan Administrator before any distribution to the Alternate Payee will be made, 8, It is recognized by the parties that the Alternate Payee is considered a beneficiary under tho terms of the Plan and as such does not enjoy the same rights and privileges as those of a Participant. Accordingly, the Alternate Payee shall not be entitled to obtain a loan of any -. ~...... ~:\\o\pj I ~hc:allcr\4.ldm Man;h 2-1.11)1)1) amounts from the Plan, receive a hardship distribution or make any additional contributions to the Plan. 9, If the Alternate Payee dies before beginning to receive a distribution pursuant to Paragraph 7 above, and to the extent permitted by the Plan and Section 414(p) of the Code, the Alternate Payee's share shall be paid to the Alternate Payee's designated beneficiary, and if none, then according to the terms of the Plan, If the Alternate Payee has remarried, the Alternate Payee's subsequent spouse shall not have any of the spousal rights that are provided to the spouses of Participants under the terms of the Plan, 10. The foregoing assignment of a share for the Alternate Payee shall not be reduced or terminated as a result of the Participant's death, Upon the Participant's death, the Alternate Payee will not be entitled to any survivor benefits attributable to a portion of the Participant's benefits not assigned to the Altemate Payee, unless the Participant properly designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan, 11. The assignment of the Alternate Payee shall be permanent. From the date this order was deemed to be a QDRO, the Participant shall have no further right or interest in the Participant's accrued benefits under the Plan which are assigned to the Alternate Payee. Nothing in this order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiary under the Plan, with respect to the Participant's remaining accrued benefits determined after the assignment to the Alternate Payee. If the Participant should remarry, the Participant's subsequent spouse shall have the spousal rights provided by the Code, ERISA. and the terms of the Plan. , ... -.... ,:\I,"'P$I\~hcalrc"'4dro Miuth 2-l'pNiJ 12. Any outstanding loan balances of the Participant shall remain the sole responsibility of the Participant, and shall not be subject to this assignment. 13. None of the provisions of this order shall be construed to require the Plan: a. to provide the Alternate Paye" with any type or form of benefit, or any option' not provided under the Plan, other than the above specified right of the Alternate Payee to receive payments before the Participant's earliest retirement age; b, to provide benefits in excess of the value of the Participant's accounts; or c, to provide benefits to the Alternate Payee that are required to be paid to a different Alternate Payee under another order previously determined to be a QDRO. 14. The Participant and the Alternate Payee shall be separately responsible for the payment of all taxes levied or assessed on the separate benefits distributed to each of them, The amounts assigned to the Alternate Payee shall be deemed to be attributable to pretax contributions, after tax contributions, employer contributions and earnings on all such contributions on a pro rata basis in the same proportion as the Participant's interest in the Plan determined as of the date of distribution to the Alternate Payee (or next closest evaluation date). The Plan Administrator shall provide the Alternate Payee with the tax information necessary for the Alternate Payee to properly report and pay the taxes generated by the Alternate Payee's share, The benefits paid the Alternate Payee shall neither be taxable income to the Participant nor a deduction on the Participant's income tax return. The Alternate Payee shall be subject to all applicable withholding requirements. 15, This order is being entered pursuant to the Pennsylvania Divorce Code, 23 PACSA c:\~-p~ 1 \shc::iITcr\qllm Miln:h 24, 1')Il') Section 3101 et seq, which relates to the provisions of marital property rights as defined herein between spouses and former spouses in divorce actions. 16, This order is intended to qualify as a OORO under Section 414(p) of the Code and Section 206(d)(3)(B) of ERISA and the provisions hereof shall be administered and interpreted in conformity with the Code and ERISA. 17, Participant and Alternate Payee shall execute any document and take any steps necessary to have this order modified to satisfy the requirements for a OORO under the Code and ERISA. 18, No payment to or with respect to the Alternate Payee shall be made under this order prior to the date the Plan Administrator has determined this order to be a QORO as defined by the Code and ERISA, 19, Service of a copy of this order certified by the Prothonotary, by first class mail, upon the Plan Administrator shall be deemed to be good and sufficient service as to the Plan Administrator of the Plan as if it were personally served in the State of New York. 20, The Alternate Payee shall keep the Plan Administrator of the Plan informed of the Alternate Payee's current address. Notice of change of address shall be made in writing by the Altemate Payee to the Plan Administrator at the Plan's address specified herein, In the event any subsequent Treasury Regulations (or other legal changes) impose requirements for qualified domestic relations orders that are not satisfied by this order, the Participant and Alternate Payee shall promptly take all steps necessary to obtain an amended order that will satisfy the change requirements, This court shall retain jurisdiction for any lawful purpose including but not limited to "