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HomeMy WebLinkAbout96-05925 ~. '''7- Q;.. ;~if:~~';,~, .. '~~~:\,; , \'v ,f,,_" tl.J...\",'._ ;~:;'d. i~~ !~~ .~o:~~:/ . '~~~fii~;.;' '~~:~,<,"_..;-.':' .. -'\, i~ j III ~ cr \.l') :1, PAUL E. PYLE, : Plaintiff . IN TilE COURT OF COl'U1ON I'I,EAS . : : CUM8ERLAND COUNTY. PENNSYLVANIA YS. : CIVIL DIVISION DOHOTHY J. PYLE, : Defendant : NO. 96-5925 CIVIL TERM . . PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 5330l(c) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Cact1fI~d ~~Il. Restricted Delivery, Delivered November 4, 1996 3. Complete either paragraph (a) o~ (b). (a) Date of execution of the affidavit of consent required by 53301(c) of the Divorce Code: by plaintiff June 17, 1997 by defendant June 17, 1997 (b)(l) Date of execution of the affidavit required by 33301(d) of thp. Divorce Code: ; (7.) Date of filing and liervice of the plaintiff's affidavit upon the raspondent: 4. Related claims pending: Separation and Property Settlement Agreement dated December 13, 1996, is incorporated into this Decree 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention Lo file praecipe to transm:l.t rl.!cord, a copy of which is attbchert: __ (b) Date plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothonotary: Waiver of Not.ice in 53301(c) Divorce was June 17, 1997 Waiver of Notice in 53301(c) Divorce was June 17, 1997 ~ l\l- Attorney for (Plaintiff)'- [~~') '>- .......:1 ., r'-; ';'. i.": ':':.' ,.., II} ( ,- f::!, c.. ("1)(. ':".' 0' lif. , EL.:': J F. _.. . w. r- '3 LI '-', U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL E. PYLE, Plaintiff v. CIYIL ACTION - LAW IN DIVORCE DOROTHY J. PYLE, Det'erldant 96 '.(')'- () - ., --r;..~ - "I. Iln( NO. NOTICE TO DEPEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the caae may proceed without you and a decree of divorne or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland county Courthouse, Carlisle, Pennsylvania. IF YOU 00 NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINO OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013 e7l7) >40-"" C 1 ~ c. Voha. .aquirs Attorney for Plaintiff C ,JUUWOI.-.tllVnln'"u""-,,.., ON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL E. PYLE, Plaintiff CIVIL ACTION - LAW IN DIVORCE NO. 96- 1'1JS' ~~J 'C-..- v. DOROTHY J. PYLE, Defendant AND NOW, COMPLAINT IN DIVORCE this ~ day of (] Job(... , 1996, comes Plaintiff, Paul E. Pyle, by and through his attorneys, HANFT & VOHS, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Paul E. pyle, who currently resides at 6 Greystone Road, carlisle, Cumberland county, Pennsylvania. 2. The Defendant is Dorothy J. Pyle, who currently resides at 6 Greystone Road, Carlisle, Cumberland county, pennsylvania. 3. The plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint in Divorce. 4. The parties were married on February 6, 1947, in Kent, Portage county, Ohio. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(C) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request I~" IUIlICII" ~ll\~ l~ L"'1'Y11 'H "" l\IV IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL E. PYLE, Plaintiff v. CIVIL ACTION - LAW IN DIVORCE DOROTHY J. PYLE, Defendant NO. 96-5925 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(C) of the Divorce Code was filed on October 28, 1996. 2. The marriage of the plaintiff and Defendant is irretrievably broken and more than ninety (90) days have elapsed from the date of the filing of the Complaint in Divorce. 3. I consent to the entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 5. I understand that the costs of these proceedings will be paid for by Plaintiff. 6. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary, I verify that the statements made in this affidavit are true and correct. I understand that false statenents herein are made subject to the penalties of 18 Pa. C. S. section 4904 relating to unsworn falsification to authorities. Date: 0/17/77 ---, '-1-. - 'z.,. < ( L Paul E. pyle <;;c ..cjl .. .f -- .- . b; !-.. I'~ .. .' - (-") - UJ.... (~;~ " p.o. (l... !.r:-- , 9'- ,-, C)( ; ~" I u:" . . , ;! , ~j f-. u. r- :.) u r1' U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL E. PYLE, plaintiff v. CIVIL ACTION - LAW IN DIVORCE DOROTHY J. PYLE, Defendant NO. 96-5925 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c\ OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Date: (p /17/97 7 It: -) ,I ~"( (.. Paul E. pyle - -,,-) .---J,,{. , I I (..,HJlloUM......j)....,1."UlJ'W,u\111Pl' ',. (q , ,. fr: -, '. UJ~-. (~:~ ; P-'i: ,,- (jl"- , ' :'~J @l I U~~. " : :,.; '" r , ,. r-. } 0 c,~ () v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 96-5925 CIVIL TERM IN DIVORCE PAUL 2. PYLE, plaintiff DOROTHY J. PYLE, Defendant DEFENDANT'S AFFIDAYIT OF CONSENT, ACCEPTANCE OF SERYICE AND WAIVER OF NOTICE OF INTENTION TO REQUBST BNTRt OF DIYORCE DBCREE UNDER SBCTION 3301(C) OF THE DIYORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 28, 1996. 2. Defendant acknowledges receipt and accepts service of the Complaint on November 4, 1996, 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapeed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be eent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling, I do not request that the court require counseling, I verify that the statements made in thie affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, Section 4904 relating to unsworn faleification to authorities. Date: 9.~ /7./1/97 ~O~Y ~ ~~ :' t:"~:. '::'"..:;- " l1J~"! , !,1(-. H::; l..!- .. ~': .... e l~") . ,~ , .: ,-. I' I I;. , o:!~1 , ii.'l .1. :::.) l~~ ,.. -, lL r- 'j 0 0"1 U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PAUL E. PYLE, Plaintiff V. CIVIL ACTION - LAW IN DIVORCE NO. 96-5925 CIVIL TERM DOROTHY J. PYLE, Defendant i'~\ ;1' ...~l ~ ,~ tl~.ft~ii~:t~.;.;~._;._ ~..~.;~."...........~.......~.....r....to..;lr.......!~M.....t.t..;~..,.'1i i~~~'=',~~.".I'!',~.""";~"',~'" ~ w_.. ,Y DA~'" ~dIINU ;'.:Ij..~. ;!,;.:,;:,r2?\,~~~~;:,tl:,::=-~:,,~==-~.IlI""Irlci1N~v,,(!' .... '. 'I ." .,. - ...., . '.. .. ... ,> ....., Con It _lllIot N. '.'.'..,.... ..... .. ....... ffi... '. .....;...I.~..;.;.<;........... 41.. ArlloIe.. Hum. . >".c:S' .., !\;.(Oi~~? ~~. ~~-=:ype 0':1.,: 't" 'c.cJ'I~~;tL'7.oI::~) ''';' DlIC~flld OCQD .... f .. !!i;;injJ{fiflW~J~J) I "~:: ." -,.... '"1 Iy II .."."1Id J . ..- * u.o.G.P.o.. 'lII.oof.ll3O DOMESTIC RETURN RECEIPT . l I i { ..... "I h: "'" i~: 1.\ , ~ ;';' .1 ( )- C~ ~. (.~. lO. C,i " ,', U W,. ll!l . f , l' r- .> L) (J"' '.:.) .. SeDaration and ProDertv Settlement Aqreement THIS AGREEMENT, made this l3~ day of O{t~~~ 1996, by and between PAUL E. PYLE of Newell, Buena vista county, Iowa, party of the first part, hereinafter referred to as "Husband" and DOROTHY J. PYLE of Carlisle, Cumberland county, Pennsylvania, party of the second part, hereafter referred to as "Wife". WITNESSETH: WHEREAS, husband and wife were married on February 6, 1947, in Kent, Portage County, Ohio; and WHEREAS, husband and wife have been living separate and apart from each other since October 21, 1996; WHEREAS, husband and wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six (6) months; and WHEREAS, certain diverse, unhappy differences have arisen between the parties hereto which have made them desirous of continuing to living separate and apart from one another; and WHEREAS, husband and wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property; WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and Paul E. PY1~~ , "lIM"lT.rTU'"-, 1 Dorothy J, Pyle d~fJ '. " WHEREAS, the parties hereto have mutually entered into agreement tor the division ot their jointly owned assets, the provisions tor the liabilities they owe, and provisions tor the resolution ot their mutual ditterences, atter both have had tull and amble opportunity to consult with their respective attorneys, and the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth herein and for other good and valuable consideration, intending to be legally bound and to legally bind heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for husband and wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall deem fit free from any control, restrain, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provision shall not be taken to be an admission on the part of Paul E. pYleG~(f . DIVIIUI'IYU'"" 2 Dorothy J. pYle~ . , either husband or wifa of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreen,ent is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto and to each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or action for divorce, either absolute or otherwise, upon just, legal and proper grounds; nor to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or for making any just or proper defense thereto. It is warranted, covenanted, and represented by husband and wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing husband and wife to execute this Agreement. Husband and wife each knowingly and understandingly hereby waive any and all possible claims of this Agreement is, Paul E. pYle~(.( ''a'IOIl'Tt'rU'ft4 J Dorothy J. Pyle #9 f:? '. for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and wife do each hereby warrant, covenant and agree that, in any possible event he and she are and ever shall be estopped from aaserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement of for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other atate, county, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be effected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties should remarry, it being understood by and between the parties that this Agreement shall survive and shall not be merged into any decree, judgment or order of divorce or separation. 2,3 It is specifically agreed that a copy of this Agreement may be incorporated by reference into any divorce judgment or Paul E. . 'D,..nacrnalt4 PY1~(P 4 Dorothy J. Pyle iP~~ decree it or whenever sought by any of the parties hereto. It is understood by the parties that a divorce complaint will be tiled in the Court ot Common Pleas ot Cumberland county. Both parties give their tull and complete consent to the jurisdiction of the Court of Common Pleas of Cumberland County to enter a final decree in divorce. Such incorporation, however, shall not be regarded a merger, it being the intent of the parties to permit this Agreement to survive any such decrees. 2.4 Notwithstanding Article Two (2), Paragraph One (1), at the request of the other party, the parties hereby agree to execute the necessary documents to finalize any divorce initiated in the Court of Common Pleas of Cumberland County, Pennsylvania, or any other court of competent jurisdiction. provided, however, that Husband is able to proved Wife with continuing retirement benefits, specifically hospitalization through his union, or has purchased benefits of a similar nature from another source. ARTICLE III EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Domestic Relations Code, and taking into Paul E. pYle~,~ , 'DtYnlCT#nS1'L\. 5 Dorothy J. pyle JJ9-iJ account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, " station, amount and sources of income, vocational skills, smployability, estate, liabilitiss, and need for each of the parties; the contribution of one party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including, but not limited to medical, retirement, insurance or other benefits; the contribution of dissipation of each party in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; and the standard of living of the parties established during their marriage. 3.2 The division of existing marital property is not intended by 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 marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. The parties hereby agree that any transfers of property pursuant to the terms of this Agreement shall be within the scope of the Deficit Reduction Act of 1984, or other similar tax acts (hereinafter "Act"). The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set Paul E. Pyle Gt.rP "DM'l'lTIVU"I'U. 6 Dorothy J. Pyle iP9P forth in this Agreement, without recognition of gain on such transfers and subject to the carry-over basis provisions of said Act, 3.3 The parties shall retain sole and exclusive right, title and possession of all personal property currently in their posaession. Except as provide for herein, Wife shall make no claim whatsoever for any personal property in Husband's possession. Additionally, except as provided for herein, Husband shall make no claim whatsoever for a~y personal property in wife's possession. Should it be necessary for either party to execute any documents to convey tile to any such real or personal property in the other party's possession, they shall do so within thirty (30) days of the execution of this Agreement or within thirty (30) days of the request from the opposing party. a. Within thirty (30) days of the execution of this Agreement, Husband shall transfer any right, title and interest in the marital home located at 6 Greystone Drive, Carlisle, Cumberland County, Pennsylvania to Wife. b. Wife will retain all right, title and interest in a certain mobile home in Florida. c. Wife will receive a life estate in Husband's insurance and retirement with International Union of Operating Engineers through a Qualified Domestic Relation Order prepared by Wife's counsel. Paul E. pyleCff/p ,;o~n'~T'YU:',fU. 7 Dorothy J. Pyle AfC)fJ " d, The parties are the joint owners of two (2) credit union accounts and a certificate of deposit account. wife will retain the credit union account which lists Dorothy and Paul as owners in that order and Husband will retain the credit union account which lists Paul and Dorothy as owners in that order. Wife will retain sole interest in the Certificate of Deposit. 3.4 Except as provided herein, Wife waives any right or interest she may have in Husband's employment benefits, including any retirement plan, stock option purchase plan, profit sharing plan or related matters. Except as provided herein, Husband waives any right or interest he may have in Wife's employment benefits, including any pension benefits, retirement plan, stock option purchase plan, profit sharing plan or related matters. 3.5 Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. Paul E. pYle~~ p'OI\InllTnlJ'ItA. 8 Dorothy J. Pyle jj)C) f? ARTICLE IV RELEASE OF SUPPORT FOR HUSBAND AND WIFE 4,1 The parties herein acknowledge that by this Agreement they have reepectively secured and maintained a eubstantial and adequate fund with which to provide themselves sufficient resources to provide for their comfort, maintenance, and support in the station of life in which they are accustomed. Except as provided herein, Husband and Wife do hereby waive, release and give up any rights they may respectively have against the other for alimony, support, or maintellance. 4.2 Husband and Wife specifically waive, release and give up any rights for alimony that they may be entitled to pursuant to Chapter 37 of the Pennsylvania Domestic Relations Code. ARTICLE V DEBTS OF THE PARTIES 5.1 Each party represents to the other that except as otherwise specifically set forth herein, there are no major outstanding obligations of the parties, that since the separation neither party has contracted for any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. Paul E, pYle(~t(1' "llI\'fl'l'l"YU'1'U. 9 Dorothy J. Pyle P9':; In the event either party contracted for or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof regardless of the name in which the account may have been charged. Husband and Wife acknowledge and agree that they have no outstanding debts or obligations of the Husband and Wife incurred prior to the signing of this Agreement. 5.2 Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in the possession of the other party. Within thirty (30) days of the date of execution of this document, each party shall execute the necessary documents to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. ARTICLE VII MISCELLANEOUS PROVISIONS 7.1 The Parties hereto have retained independent legal counsel. Husband agrees to pay for all of Wife's reasonable attorney fees in connection with the parties divorce. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counselor the parties have waived their right to have legal advice regarding the meaning and implication of this Agreement. The parties acknowledge and ;~!..u~ pYle(?t!r? 10 Dorothy J. Pyle iPCfP .. . accept that this Agreement is, i~ the circumstances, fair and equitable, that it ia being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 7.2 Husband and Wife do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of the other, for all times to come and for all purposes whatsoever, of and from any and all legal right, title and interest, or claims in or against the property of the other or against the estate of the other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth, or territory of the United states, or (c) any other country, or any rights which either party may have or at any time hereafter have Paul E. Pyle (j(~~ ,"DrVO&LT,nrnA 11 Dorothy J. Pyle ~p ,. '. tor past, present, or future support or maintenance, alimony, alimony pendente lito, source fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof, It is the intention of Husband and Wife to give to each other by execution of this Agreement a tull, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature ariaing or which may arise under this Agreement or for the breach of any thereof. 7.3 Each party represents that since separation, they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreem~nt. Each party agrees to indemnify and hold the other party harmless trom and against any and all such debts, liabilities or obligations of each of them, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of Paul E. pyle (f~,~ 'DMlIlTIVU'1't4 12 Dorothy J. pYle~ ., this Agreement, except as is otherwise specifically provided herein. 7.4 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder Bhall be deemed a waiver of any subsequent default of the same or similar nature. 7.5 This Agreement shall be construed in accordance with the laws of the commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 7.6 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 7.7 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 7.8 If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and ;~~"'~ pyle (J-&tf 13 Dorothy J. pYle~ " . in all other respects, this Agreement shall be valid and continue in rull rorce, efrect, and operation. Likewise, the railure or any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations or the parties. 7.9 It is specifically understood and agreed that this Agreement constitutes an equitable distribution or property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Domestic Relations Code of the Commonwealth of Pennsylvania. 7.10 The parties warrant and represent that they have made full disclosure of all assets prior to the execution of this Agreement. 7.11 In the event either party to this Agreement shall breach any term, covenant or other obligation herein, the non-breaching party shall be entitled, in addition to all other remedies available at law or in equity, to recover from the breaching party all costs which the non-breaching party may incur, including but not limited to filing fees and attorney's fees, in any action or proceeding to enforce the terms of this Agreement. Paul E. Pyle (?~((? C'l1lWDOCWll'o1l-'lTlYU',"" 14 Dorothy J. Pyle ifJ9P >- U, ". .' ~- , ~1I ~ I (', I, f~', . '.. 2-" , "I " I W' [il' - G: u_ f-. U U' U ',' . , . PAUL E. PYLE, Plaintiff IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE DOROTHY J. PYLE. Defendant NO. 96-5925 CIVIL TERM QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this ~'day of 1"-'1 , 1997, in order to satisfY the requirements oflaw pertaining to the equitable distribution of certain pension rights or benefits, iT IS HEREBY ORDERED AND DECREED as follows: I. This Order shall apply to any pension plan, retirement plan, or pension benefits acquired by the Plaintiff, Paul E. Pyle, with the International Union of Operating Engineers as a result of his affiliation with the International Union of Operating Engineers. 2. The name ofthe plan participant in said pension is Paul E. Pyle, and his address, as ot 'l date of this Order, is 1868 600th Street, Newell,lowa, 50568. His social security number is 277-22-2407. 3. The alternate payee under litis Order is Dorothy 1. Pyle, whose address is 6 Graystone Road, Carlisle, Pennsylvania, 17013. Her social security number is 277-20-4048. 4. The parties were married on February 6, 1947. Paul E. Pyle became a member of the International Union of Operating Engin~ers on January 21, 1963. The parties separated on October 21, 1996. 5. The alternate payee, Dorothy J. Pyle, shall be entitled to receive the entire monthly benefit (including death benefils, so long as she is alive) payable in connection with the plan pursuant to the Separation and Property Selllement Agreement execuled by the parties and dated , December 13, 1996. Said benefits to be paid to alternate payee for her life. and the death of the plan participant shall not atrect the rights of the alternate payee herein. 6. Should the pension benefits of the plan participant, Paul E. Pyll!, be lost, forfeited, or denied him for any reaSDn, he shall litigate to a reasonable extent his claim for such pension or retirement benefits so as to preserve them for himself or for the alternate payee, Dorothy J. Pyle. The costs of said litigation shall be borne by thc Plaintitr and Dcfendant in proportion to their then respective interests. 7. Each party shall bc responsible for the payment of all taxes due on his or her share of said pcnsion. 8. All payments to Dorolhy J. Pyle shall be made dircctly to her, to the extent allowed by the terms of the plan unless the entity making payment to her of such benefits shall require the payments to be made to her through the Domestic Relalions Office in which event all payments shall be made to her through the Cumberland County Domestic Relations Office pursuant to this Order. 9. Both Paul E. Pyle and Dorothy J. Pyle shall, at all times in the future, fully cooperate with each other, their counsel, this court and the person or entity administering the said pcnsion plan, to secure, etrecluate and perform the provisions of this Order relating to the retirement payments or other benefits. This Court shall retain jurisdiclion of lhis matter for any and all purposes relating to lhe said pension, retirement plan or other benefits at all times in the future. BY THE COURT, :L~. AiL / J. '. ~ forth in this Agroement, without recognition of gain on such transfers and subject to tho c~rry-ovor b~sis provision~ of said Act.. J.J Thu Ihlfl.io!i nh,lll rnt~in soln MIU oxclusivl' right, title ancl plJflflllflSinn of ..11 person.. I properl.y currently in their poauousinn. E:l(cnpt liS proviue for hnrllin, Witc nil.. I I ml\~,ll no claim whatsoever tor any persondl property in HUflband'u POSSIJ55ion. Additionally, IJxcept as provided tor h"~rldn, Hll!lh~nd shall make no claim wh~tsoever for any peruon~\ propert.y in wifo's poosossion. Should it be n~coss~ry for eithllr party to execute any documents to convey tile to any such real or pcrflon~l property in the other party's possession, they shall do flO within thirty (JO) days of the execution of this Agreement or within thirty (JO) days of the request from the opposing party. a. Within thirty (30) days of the execution of this Agreement, Husband shall transfer any right, title and interest in the marital home located at 6 Greystone Drive, Carlisle, Cumberland County, Pennsylvania to Wife. b. Wife will retain all right, title and interest in a certain mobile home in Florida. c, Wife will receive a life estate in Husband's insurctncc and retirement with International Union of operat.ing Engineers through a Qualified Domestic Relation Order prepared by wiC~'u counsel. Paul E. pYlnG~..? 'oClI'>Dlavl'U'~ ., Dorothy .J, Py Ie i.tI9P ~ r. t Op ........... ~ ........ k.."" .... ~. . -- co % ,. ,-~ - UJ ,.. c~ - u ~.: . j Ii: ',I. {... c}t~ " . , ... t~:'l ; .- ~... ('-~f [-, ~ -.; .. .. , ,',-; f "'" , , il_ I , C' - C) . ,.. (OJ" PAUL E. PYLE, Plainliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW IN DIVORCE v. DOROTHY J. PYLE, Defendant NO. 96-5925 CIVIL TERM fETITIQN FOR RULE TO SHOW CAUSE AND NOW, comes the Pelilioner, Dorothy J. Pyle, the Defendant in the above. caplioned divorce action, by and through her attorney, Michael A. Scherer, Esquire, and respectfully represents: 1. The Pelilioner is Dorothy J. Pyle, an adult individual who resides at 6 Greystone Road, Carlisle, Cumberland County, Pennsylvania. 2. The Respondent is the Interna1ional Union of Operating Engineers of Eastern Pennsylvania (hereinafter "Union"), with a principal place of business at 1375 Virginia Drive, #102, Fort Washington, Pennsylvania 19034, 3. The Petitioner was divorced from Paul Pyle on July 8, 1997, by virtue of a Decree signed by this Honorable Court. 4. On July 29, 1997, this HonDrable Court entered a Qualified Domestic Relations Order (hereinafter "Order") which directed the division of certain pension benefits which accrued to the parties as a result of Paul Pyle's employment with the Union. 5. The Order in this case was deemed to be a "Qualified Domeslic Relalions Order" by the Union as evidenced by Betsy Shamerhorn's February 18, 1997 letter to undersigned c01Jnsel, which has been allached hereto as "Exhibit A." 7. The Petitioner was awarded substantial pension benefi1s in this case 6. The Union has refused to cooperated In implementing this Order despi1e undersigned counsel's efforts to secure compliance with the Order. See "Exhibit B" attached hereto, which Is an April 9, 1998 letter sent to the Union by certified mail. pursuant to a Property Se1t1ement Agreemen1, and those benefits have been sent directly to 1he Plaintiff, Paul Pyle, con1rary to the terms of the Quelified Domestic Relations Order, WHEREFORE, the Petitioner, Dorothy Pyle, respeclfully requests that this Honorable Court issue a Rule upon the Union to show cause why the Respondent, International Union of Operating Engineers of Eastern Pennsylvania and Delaware ShDUld not be held in Contempt of Court for failing to implement the Qualified Domestic Relations Order issued in this case. Respeclfully submitted, O'BRIEN, BARIC & SCHERER Date: Av, y..f I 1, f1?8 /f%1f:6 1.0. # 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 m.I,dlr/domeltic/mllc/pyle,ctm International Union of Operating Engineers of Eastern Pennsylvania and Delaware Benefit Plans U~jlm~ ..~[( ll""G CHItE.1l SuITE ;'~'o 92f1 ~;M.vtl:,' [lfW..'f ftlU[ fULL PA \\!-.\.I;'> MAl\,IUGADOR[SS PO (lO..1!l47 '.U[ BlLl FA '94;2 F ,on.. 215.542.8211 . February 18, 1997 Michael A. scherer O'Brien, Baric & Scherer 17 West South Street Carlisle PA 17013 RE: Paul Pyle Dorothy Pyle Dear Mr, Scherer: We have determined that the referenced domestice relations order does meet the requirements of a "qualified domestic relations order" defined by the Retirement Equity Act of 1984. Accordinly, we will begin to pay to the alternate payee specified in the order when the Divorce Decree has been submitted to the Pension Fund office. Alternate payee is entitled to $ 623.50 per month until Mr. Paul Pyle's death. Upon his death Mrs Dorothy Pyle would be entitled to $ 311.75 per month. A copy of the Pension Plan is enclosed. If there are any questions please feel free to contact our office, Sincerely, K::cu, I )\.d \i.ln \lICI\.. Detay ~chnmerho~ Pension Department "EXHIBIT A" . , ~J{~U)1 !~ -.i 1- 1./'/ cc: Paul Pyle ee: Dorothy Pyle 03/07/97 ~. /.11" 0/1;'0 (}'/JRIC'^", IHRIC.( SCIIERER .'.',qdlo, J. fhh",mr of COUIU&" 17Il,:H.\'iJllflt .",,-,'j" ('mll\/", J'II/IJ\yhWI/i' /7u13 Rob,'rt!. O'/I..i</1 [)U\.;.! ,I /lane .\lIc/;(It'IA. Selln,-,. (717) U9.6~7J JiLl' (717) J49.J7.lj AprilS, 1998 VIA CERTIFIED MAIL. t: P 492 352 850 Betsy Shamerhorn Pension Department International Union of Operating Engineers of Eastern Pennsylvania and DelawarE Benefits Plans Union Meeting Center, Suite 220 925 Harvest Drive .Blue Bell, Pennsylvania 19422 RE: Paul Pvle-Dorothv Pvle Dear Ms, Shamerhorn: I represent Dorothy Pyle, who had a Qualified Domestic Relations Order entered in her favor on July 2S, 1997 in connection with her divorce from Paul Pyle, Paul Pyle is a member of InternatiDnal Union of Operating Engineers, You had previously written to me in February 16,1997 indicating that the Order I submitted to YDU met the requirement of a "Qualified Domestic Relations Order: and I forwarded you a certified copy of the Qualified Domestic RelatiDns Order entered in this case on July 29, 1997 by the Honorable Kevin A. Hess of the Court of Common Pleas Df Cumberland County, To date, Paul Pyle continues to receive pension benelits directly, which is contrary to the directives in the Qualified Domestic Relations Order, Please contact me Immcdiutcly to rectify this situation, As set forth in 011' July 31,1997 leller, all pension benefits should be mailed directly to my client, Dorothy J. Pyle, 6 Greystone Road, Carlisle, Pennsylvania 17013. Furthermore, there should be no deduction made frDm the benelit check 11001; forw8'd to hearin[l from l'oU rf[lard:ng this matler at I'our earliest cOllv(nie.nc( \Ie. rl' trull' yours, OllRIEN, BARIC f. SCHERER ){;'v(q Sz);o/\.. Michael A Scherer r."AS!)c c:c Dorotll\' Pyll . PiJu! PI'\( , , \ File . m~.!',.dir,'ll tl\' r~ 'n'h .Ilr "EXHIBI'f B"