HomeMy WebLinkAbout00-00536
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF
MARA E. DONALDSON,
Plaintiff
VE:RSUS
WAYNE W. FLOYD, JR..
Defendant
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PENNA.
No. 00-536 CIVIL TERM
DECREE IN
DIVORCE
AND NOW,
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,2001 ,IT IS ORDERED AND
DECREED THAT
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AND
MARA E. DONALDSON
, PLAINTIFF,
WAYNE W. FLOYD, JR.
DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF REC?fP. IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED; \I\,U~
All other claims have been resolved in a Marital Settlement
Agreement dated June 8, 2001, a copy of which is attached and
incorporated, but not merged, here~n by reference as though
fully set forth.
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 8th day ofJune 200l, at Carlisle, Cumberland
County, Pennsylvania, by and between MARA E. DONALDSON of l29 Wilson Street,
Carlisle, Pennsylvania 17013 (hereinafter referenced as "Wife")
AND
WAYNE W. FLOYD, JR., of 314 South Second Street, Harrisburg, Pennsylvania l7l04
(hereinafter referenced as "Husband").
ARTICLE I
SEPARATION
l.O 1 Separation of Parties. Differences have arisen betweelJ. the parties as a
result of which they have been living separately and apart since November 3, 1999.
l.02 Intention to Live Apart. The parties intend to maintain separate and
permanent domiciles and to live apart from each other. 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.
ARTICLE II
ENFORCEABILITY AND CONSIDERATION
2.0l Equitable Distribution of Marital Property. The parties have attempted to
divide their marital property in accordance with the statutory rights ofthe parties and in a
manner which conforms to the criteria set forth in ~401 of the Pennsylvania Divorce
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Code, and taking into account the following considerations: Any prior marriages of the
parties; the age, health, station, amount and sources of income, vocational skills,
employability, estate, liabilities and needs of each of the parties; the contributions of each
party; the opportunity of each party for future acquisition of capital assets and income; the
sources of income of each party, including, but not limited to, medical, retirement,
insurance or other benefits; the contribution or dissipation of each party in the acquisition,
preservation, depreciation or appreciation of marital property, including the contribution
of each party as homemaker; the value of the property set apart to each party; the standard
of living of the parties established during the marriage; and the economic circumstances
of each party at the time the division of property is to become effective.
The division of existing marital property is not intended by the parties to constitute
in anyway 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.
2.02 Incorporation and Merger. This Agreement shall survive any action for
divorce and shall forever be binding and conclusive on the parties; and any independent
action may be brought, either at law or in equity, to enforce the terms of this Agreement
by either Husband or Wife until it shall have been fully satisfied and performed. Any
provisions herein concerning property rights, alimony and counsel fees shall not be
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modifiable. The considerations for this Agreement are the mutual benefits to be obtained
by both ofthe parties hereto and the covenants and agreements of each of the parties to
the other. The adequacy of the consideration for all agreements herein contained is
stipulated, confessed and admitted by the parties, and the parties intend to be legally
bound hereby.
2.03 Pending Divorce Action. Both parties specifically acknowledge that a
divorce action was filed by Wife on January 28,2000, in the Court of Common Pleas of
Cumberland County at Civil Action No. 00-536. The parties specifically acknowledge
that their marriage is irretrievably broken and that they shall secure a mutual consent no-
fault divorce pursuant to ~330l(c) of the Divorce Code. The parties agree to execute
Affidavits of Consent for Divorce and Waivers of Notice ofIntention to Request Entry of
Final Divorce Decree concurrently with the execution of this Agreement. Counsel for
Wife specifically agrees to file the necessary documents to seek the entry of a final
Divorce Decree within thirty (30) days of the date of execution of this Agreement which
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. Wife
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and counsel shall execute a Praecipe to withdraw the fault count for divorce and the count
for equitable distribution simultaneously with the execution of this Agreement.
2.04. Representation by Independent Counsel. Each of the parties are
represented by independent counsel in the preparation and execution of this Agreement.
Wife is represented by Wayne F. Shade, Esquire, and Husband is represented by Joanne
H. Clough, Esquire, ofReager & Adler, P.C.
ARTICLE III
EQUITABLE DIVISION OF MARITAL PROPERTY
3.01 Equitable Division of Real Property.
(a) Concurrently with execution of this Agreement, Wife will execute a deed
transferring all of her right, title and interest in the marital dwelling at 129 Wilson Street,
Carlisle, Cumberland County, Pennsylvania, to Husband. The Deed will be prepared by
counsel for Husband, and all expenses in connection with the preparation, execution and
recording of the Deed will be borne by Husband. Wife will be entitled to exclusive
possession of the marital dwelling without payment of rent for sixty (60) days from the
date of this Agreement. Wife shall not be entitled to sublease the premises. Wife may
surrender possession of the marital dwelling at any time prior to sixty (60) days from the
date of this Agreement. When Wife surrenders possession of the marital dwelling, it shall
be in the same condition as at the date of this Agreement. As long as Wife maintains
exclusive possession of the marital dwelling she shall be responsible for payment ofthe
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mortgage, utilities, real estate taxes and insurance with respect to the premises. Wife will
only be required to repair any damage to the property that was caused by herself or her
agents, servants, employees, invitees or independent contractors. Upon Wife's surrender
of possession of the premises, Husband shall be responsible for all expenses with respect
to the premises. Real estate tax proration is waived. The transfer of the Deed to the
marital dwelling shall be subject to the present mortgage to Harris Savings Bank.
However, immediately upon execution of this Agreement, Husband shall apply for
fmancing to refinance the existing mortgage against the marital dwelling. Husband shall
make all reasonable efforts to obtain such refinancing or to otherwise remove the
mortgage as an obligation of Wife. If Husband is unable, through all reasonable efforts,
to see to the removal of the mortgage as an obligation of Wife, he shall continue to apply
for fmancing at least every six months from the date of this Agreement. In no event shall
Husband have more than two years from the date of this Agreement to see to the removal
of the mortgage as an obligation of Wife. As long as Wife remains liable on the
mortgage, Husband will have Wife named on the homeowner's insurance coverages as an
additional insured as her interests may appear. The Deed will be held in escrow by
counsel for Wife to be delivered to counsel for Husband upon issuance of a full and fmal
decree divorcing the parties from the bonds of matrimony.
(b) Concurrently with execution of this Agreement, Husband will execute a Deed
transferring all of his right, title and interest in all real estate formerly owned by Wife's
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mother, with improvements thereon erected, situate in Penn Township, Cumberland
County, Pennsylvania, and more particularly bounded and described in Cumberland
County Deed Book l78, Page 900. The Deed will be prepared by counsel for Wife, and
all expenses in connection with the preparation, execution and recording of the Deed will
be borne by Wife. The Deed will be held in escrow by counsel for Husband to be
delivered to counsel for Wife upon issuance of a full and fmal decree divorcing the
parties from the bonds of matrimony.
3.02 Equitable Division of Personal Property.
(a) The parties shall retain absolute ownership of their respective automobiles.
Wife will assume responsibility for disposal of the unlicensed, uninsured and uninspected
1979 Volkswagen Rabbit.
(b) It is the intention of the parties that they will each keep their clothing and other
strictly personal effects. Wife will also retain ownership of all items of tangible personal
property that were owned by Wife's family prior to the marriage and which were given to
either Husband or Wife or both either before or during marital cohabitation. Wife will
also retain ownership of all items of tangible personal property that she has acquired since
the end of marital cohabitation. Specifically and without limitation, Wife will also retain
absolute ownership of the tangible personal property listed in Exhibit "A", incorporated
herein by reference as though fully set forth. Husband will retain ownership of all other
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tangible personal property that is associated with the marriage^as well as all items of
tangible personal property that he has acquired since the end of marital cohabitation.
(c) Wife shall retain absolute ownership of the jointly owned Harris Savings Bank
accounts ##17000l1076 and l7500ll264;
(d) Husband shall retain absolute ownership of his accounts at Members lst
Federal Credit Union and all other marital furniture, household goods and other similar
untitled personal property. There are no horses or riding tack that are marital property;
(e) The sum ofTwo Thousand Seven Hundred Eight and 50/100 ($2,708.50)
Dollars shall be transferred to Husband from Wife's TIAA account. The transfer shall be
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effected under a Supplemental Decree in Divorce in the form of a Qualified Domestic
Relations Order in such a way as to avoid income tax liability to Wife as a result of the
transfer. The Qualified Domestic Relations Order shall be prepared by Husband and
ultimately approved by the Plan Administrator and the Court, and a copy will be
incorporated herein by reference as though fully set forth. In all other respects, the parties
will execute and deliver any documents necessary to formally release their rights in or
claims to the employee benefits, including without limitation, employee pension, stock,
profit sharing and savings plans, if any, of the other; and
(t) The parties will execute and deliver any documents necessary to formally
release their rights and all claims to the life insurance, if any, of the other.
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ARTICLE IV
DEBTS OF PARTIES
4.0l Loans. Wife has paid the home equity loan to Harris Savings Bank. She
will also be responsible for payment ofthe federal income tax deficiency for 1998 in the
amount of One Thousand Four Hundred Twenty-four and 33/100 ($l,424.33) Dollars
plus any additional penalties and interest, her Visa account at Harris Savings Bank, her
Talbot's, Sears & Roebuck, and Bon Ton accounts. Husband shall be responsible for
payment of all other marital debt. The Twenty Thousand and Noll 00 ($20,000.00)
Dollars from Wife's mother will be regarded as a gift to both parties hereto and not as a
debt. The benefit ofthat gift shall be regarded as equitably divided between the parties in
the process of the comprehensive resolution of the economic issues under the terms of
this Agreement.
4.02 Post-Separation Obligations. Each party represents to the other that, except
as specifically set forth immediately above, there are no outstanding joint obligations of
the parties and that since the separation neither party has contracted for any debts for
which the other will be responsible.
4.03 Indemnification. Each party indemnifies and holds harmless the other for
all obligations separately incurred or assumed under the provisions of this Agreement.
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ARTICLE V
ALIMONY
5.0l Qualified Waiver. Each of the parties waives alimony generally; however,
any obligations assumed by the parties under this Agreement as to which benefits flow to
the other spouse shall be payable as alimony for the pUlposes of enforcement and so as to
constitute an exception to discharge in bankruptcy but will not be deductible by the payor
or taxable to the payee for income tax purposes.
ARTICLE VI
COUNSEL FEES
6.01 Present Fees Incurred to Date. Each party hereby agrees to be solely
responsible for his or her own counsel fees, costs and expenses incurred in this separation
and divorce action, except as otherwise set forth in this Agreement. Neither shall seek
any contribution thereto from the other except as otherwise expressed or provided herein.
6.02 Counsel Fees After Divorce. The parties agree with respect to counsel fees
incurred after the divorce, as follows:
(a) In the event that future legal proceedings of any nature may be necessary for
the interpretation or enforcement ofthis Agreement or any valid modifications hereof, the
prevailing party shall be entitled to reasonable counsel fees incurred.
(b) Reasonable counsel fees hereunder shall be defined as reasonable hours
expended at the then hourly rate of counsel for the prevailing party.
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(c) Such counsel fees shall extend to any independent proceedings necessary to
collect counsel fees or to enforce any other judgment or decree in connection with this
Agreement.
(d) Such counsel fees shall be payable as alimony so as to constitute an exception
to discharge in bankruptcy but shall not be deductible by the payor or taxable to the payee
for income tax purposes.
ARTICLE VII
GENERAL PROVISIONS
7.0l Income Tax Consequences. The parties have heretofore filed joint federal
and state income tax returns. Wife will be assuming responsibility for the federal income
tax deficiency for 1998 under the provisions of~4.01 above. Both parties agree that in
the event of any other deficiency in federal, state or local income tax is proposed, or any
assessment of any such tax is made against either of them, each will indemnify and hold
harmless the other from and against any loss or liability for any such tax deficiency or
assessment and any interest, penalty and expense incurred in connection therewith. Such
tax, interest, penalty or expense shall be paid solely and entirely by the individual who is
fmally determined to be responsible for the deficiency or assessment. Except as
otherwise set forth herein, any income tax incidents of any kind imposed by virtue of any
transfers of assets or other payments required under this Agreement will be the
responsibility of the transferee.
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7.02 General Release of All Claims. Each party hereto releases the other from
all claims, liabilities, debts, obligations, actions and causes of action of every kind that
have been incurred relating to or arising from the marriage between the parties. However,
neither party is relieved or discharged from any obligation under this Agreement or any
other instrument or document executed pursuant to this Agreement.
7.03 Subsequent Divorce. Both parties specifically agree and acknowledge that
each are executing 3301(c) Consents to Divorce and Notice of Waivers ofIntention to
Seek Entry of Final Divorce Decree simultaneously with the execution of this Agreement.
Each party hereto is specifically waiving any right he or she may have to maintain a suit
for divorce against the other party based upon any past or future conduct of the other. It
is the specific intention of the parties that a no-fault Divorce Decree be entered in this
action. Nevertheless, in the event of the breach of this Agreement by Husband prior to
issuance of a Decree in Divorce, nothing herein contained will be deemed to prevent Wife
from maintaining a suit for absolute divorce against Husband in any jurisdiction based
upon any past or future conduct of Husband, nor to bar Husband from defending any such
suit. In the event of the breach of this Agreement by Husband, he would remain bound by
all of the terms of this Agreement. In the event of the breach of this Agreement by Wife,
her claims against Husband for marital misconduct would be waived; and Husband would
not be bound by any of the terms of this Agreement unless he would elect to remain
bound.
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7 .04 Waiver of Estate Claim. Except as otherwise herein provided, in the event
of the death of either party hereto, each party hereby waives, releases and relinquishes any
and all rights that he or she may have or may hereafter acquire as the other parties' spouse
under the present or future laws of any jurisdiction, as follows:
(a) to elect to take against the will or codicils of the other party now or hereafter
enforced;
(b) to share in the other parties' estate in cases of intestacy; and
(c) to act as executor or administrator of the other parties' estate.
7.05 No Debts and Indemnification. Each party represents and warrants to the
other that he or she will not incur any debt, obligation or other liability, other than those
already described in this Agreement, on which the party is or may be liable. Each party
covenants and agrees that if any claim, action or proceeding is hereafter initiated seeking
to hold the other party liable for any other debt, obligation, liability, act or omission of
such party or for any obligation assumed by a party hereunder, the party liable will, at his
or her sole expense, defend the other against any claim or demand, whether or not well-
founded, and that he or she will indemnify and hold harmless the other party in respect to
all damages resulting therefrom. The obligation created hereunder will be payable as
alimony so as to constitute an exception to discharge in bankruptcy.
7.06 Full Disclosure. Each party asserts that he or she has made a full and
ucomplete disclosure of all of the real and personal property of whatsoever nature and
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wheresoever located belonging in anyway to each of them, of all sources and amounts of
income received or receivable by each party, and of every other fact relating in anyway to
the subject matter of this Agreement. These disclosures are part ofthe considerations
made by each party for entering into this Agreement.
7/J7 Right to Live Separately and Free from Interference. Each party will live
separately and apart from the other at any place or places that he or she may select.
Neither party will molest, harass, annoy, injure, threaten or interfere with the other party
in any manner whatsoever. Each party may carry on and engage in any employment,
profession, business or other activity as he or she may deem advisable for his or her sole
use and benefit. Neither party will interfere with the use, ownership, enjoyment or
disposition of any property now owned or hereafter acquired by the other.
7.08 Agreement Voluntary and Clearly Understood. Each party to this
Agreement acknowledges and declares that he or she, respectively:
(a) Is fully and completely informed as to the facts relating to the subject matter of
this Agreement and as to the rights and liabilities of both parties;
(b) Enters into this Agreement voluntarily after receiving the advice of
independent counselor, having had the opportunity to do so, having decided not to do so;
(c) Has given careful and mature thought to the making of this Agreement;
(d) Has carefully read each provision of this Agreement; and
(e) Fully and completely understands each provision of this Agreement, both as to
the subject matter and legal effect.
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7.09 Compliance. The parties will execute and deliver any documents necessary
to formally conclude any of their obligations under the terms of this Agreement to each
other.
7.l0 Default. If either party fails in the due performance of any of his or her
material obligations hereunder, the party not in default will have the right to act against
the other, at his or her election, to sue for damages for breach hereof, or to rescind this
Agreement or seek such other legal remedies as may be available to either party. Nothing
herein shall be construed to restrict or impair either party in the exercise of this election.
7.ll Amendment or Modification. This Agreement may be amended or
modified only by a written instrument signed by both parties.
7.12 Successors and Assigns. This Agreement will be binding on and inure to
the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns
and successors in interest of the parties.
7.13 Law Governing Agreement. This Agreement will be governed by and will
be construed in accordance with the laws of the Commonwealth of Pennsylvania in effect
at the date of execution hereof.
7.l4 Reconciliation. In the event of reconciliation, attempted reconciliation or
other cohabitation of the parties hereto of short or long duration after the date of this
Agreement, this Agreement shall remain in full force and effect in the absence of a
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written Agreement signed by both parties hereto expressly setting forth that this
Agreement has been revoked or modified.
IN WiTNESS WHEREOF, the parties hereto have hereunto set their hands and
seals, intending to be legally bound hereby, the day and year first above written.
Signed, Sealed and Delivered
in the Presence of:
L1/~ r~
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Mara E. Donaldson
Wayn
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EXHIBIT "A"
l. Books at Dickinson College
2. Cross-country skis and boots
3. Gay Folz creche
4. Gay Folz horse
5. Folk art flower girl from the bathroom
6. Larger native american storyteller
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EXHffiIT "B"
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TANGIBLE PERSONAL PROPERTY
....Chin.a oabinet in dining room
. .'ChQn'Y chest of orawers in bedroom
. :':['..unk in living room
. BiD Chapman watercolor in dining room
... .
. .'poW in b~ment
., 9:l'een bqx on back porch
19" TV from bedroom
$250 --
150......
100 ~
100......
200 v
35 v
200 .....
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" .''l'\mer. CD player and speakers in living room
2 end tables in living room
~. rugs in guest room
'.)~ookcase from study
'.. : lilu'ge filing cabinet
, .J~ filing cabinet
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,table and chairs in dining room
.... -BoXed fim in attic, never installed
.. . Table under window in living room
d'
J piece (jf stainec,l glass in living room
.,'b,Jlbooks in upstairs study
. Wicker stand in upstairs bathroom
. . :Hl,I$blll'l4' s backpack and sleeping bag in attic
.....
.gigh density floor lamp
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. 'Vldet stand from bedroom. walking sticks from closet in
lj,'0.rig room .
-.,RWigllrator
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M~Wllve. blender. food processor
450 .....-
200 .....
200 v-
100 v
100 v
50 v
1.200 V
75 v
100 t..-
100 v
3.000 V
25 V
250 v
35 v-
iSO L--'"
750 v
250 v
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.".,~~ china
500 L./
50 <,./
i50 v
500 v
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,~~d41~ floor fan
,.:D<ili" chair and table from study
'~in dining room
. :~d's cross.country skis and shoes
-!~ladder in g~age
. ,~band's bicycle
,:Trombone stand, music stand
250 v
50 v
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Jlljs~~'s camera, lenses
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'COleman stove and lantern, kerosene lantern
<~@rSePhoto of chairs on porch in living room
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. .fi~safe in kitchen
',Wife's chest of drawers in bedroom
'TrUiJk in bedroom
, ':$Cherensclmitte and horse pictures in dining room
~7~TV and VCR in living room
..,~'entertainment center in living room
so v
500 '-"
300 ---
iOO v
150 v--
200 v
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:i!)e$ktop computer. printer. sCanner
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.......~ size bed in bedroom
. '. :'Uphoistered armchair in living room
., '~fl in living room, rug in study, rug in bedroom
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. Gzeenchair in office
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150 v-
100 V
150 V
400 v-
650 .......
'F IRP~vJof'~ f<y .
.............u ~ a.ft<-N
, ~ "" ,,,,,(11,
200v ".1'-'
200 v
. ...]keabookcase in living room
."')1 bookcase from study
250 v
150 V
400 .......
100 v---
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Qiss-In-4 rocker in 0 ffice
'1' large filing cabinet
1 $111&11 filing cabinet
',~fil in living room
:Blucbookcase in basement
:,;~t'iec-e of stained glass in living room
.;Picture in upstairs bathroom
':Wife's backpack and sleeping bag in attic
;Ceffee table in office
, 'JollIe lamps in living room
, , 'All Wife' s framed art in attic
, , ;~er. dryer. stove
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x,iwnmower, snow blower
'Wood lounge chair on porch
.~c table., chairs, wnbrella
, '~lue quail china
Sears oscillating fan
" .~~_k chair and computer desk from study
; ,$~gle bed foldout love seat from study
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T4U l<ldder in garage
,'W*'s bicycle
:Qh~tham clock in kitchen
~fe's cameras, lenses
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150 .....-
100 ,,/
501/
1,200 v
50 v
100 v
25 ..........
i50 .......--
50 ......-
60V
100 v'"
1,000 v-
300 ....--
iOO .....
200 v
500 ~
30 0-
100 v
200 v
75 v
,50 '-'"
30 .....-
200 V
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,OAA grill
'~~e watercolor of jars in living room
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" , ij~cellapeous unvalued contents
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TOTAL
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100 (....-
150
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$24,940
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WAYNEF.SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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MARA E. DONALDSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 00-536 CIVIL TERM
WAYNE W. FLOYD, JR.,
Defendant
: DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the recofd, togethef with the following information, to the Court
fOf entry of a divorce decree:
1. Ground for divorce: Irretrievable breakdown undef S330l(c) of the Divofce
Code.
2. The date and manner of service of the Complaint were February 15,2000, by
certified United States mail, postage prepaid, feturn receipt requested, addressee only.
3. Date of execution of the Affidavit of Consent and Waiver of Notice ofIntention
to Request Entry ofa Divorce Decree under S330l(c) of the Divorce Code by Plaintiff
was June 8, 2001, and by Defendant was May 30, 2001.
4. Related claims pending: None.
Date: June 11,2001
t!~~
Wayn . Shade
Attorney for Plaintiff
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MARA E. DONALDSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 00- 53(" CIVIL TERM
WAYNE W. FLOYD, JR.,
Defendant
: DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you faii to do so, the case
may proceed without you, and a decree of divorce or annulment may be entered against you by
the Court. A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff. You may lose money or property or other rights important to you,
including custody or visitation of your children.
When the 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 at
CUMRERLAND COUNTY COURTHOUSE. CARLISLE. PENNSYL V ANlA 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsyivania 17013
Telephone: 717-249-3166
WAYNEF. SHADE
Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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Wayne F. Shade, Esquire
Supreme Court No. 15712
53 West Pornfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attomey for Piaintiff
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WAYNEF. SHADE
Attorney at Law
53 West Pomiret Street
Carlisle. Pennsylvania
17013
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MARA E. DONALDSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 00-:;3(. CIVIL TERM
WAYNE W. FLOYD, JR.,
Defendant
: DIVORCE
COMPLAINT
COUNT I
DIVORCE
1.
Plaintiff in this Action in Divorce is MARA E. DONALDSON, an adult individual
who resides at 129 Wilson Street, Carlisle, Cumberland County, Pennsylvania 17013.
2.
Defendant is WAYNE W. FLOYD, JR., an adult individual and citizen of the
United States of America who resides at 314 South Second Street, Apartment 1,
Harrisburg, Dauphin County, Pennsylvania 17104.
3.
Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for
more than six months previously to the filing of this Complaint and continuing to the
commencement of this Action in Divorce.
4.
Plaintiff and Defendant were lawfully joined in marriage on June 6, 1982, in
Charlottesville, Virginia.
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Attorney at Law
53 West Pomfret Street
Carlisle, Pennsylvania
17013
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5.
The parties have been living separate and apart since November 3, 1999.
6.
Plaintiff avers as the grounds on which this action is based that Defendant has
offered such indignities to the person of the Plaintiff, the innocent and injured spouse. as
to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. In the
alternative, Plaintiff avers as the grounds on which this action is based that the marriage
of the parties is irretrievably broken.
7.
There have been no prior actions for divorce or annulment of this marriage in
Pennsylvania or in any other jurisdiction.
8.
This Action in Divorce is not collusive.
9.
Both parties to this Action in Divorce are legally capable of managing their own
concerns.
10.
Defendant herein is not a member of the armed forces of the United States of
America.
11.
There were no children born to the parties.
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Attorney at Law
53 West pom.fret Street
Carlisle, Pennsylvania
17013
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Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling.
WHEREFORE, Plaintiff demands judgment dissolving the marriage between the
parties.
COUNT II
EQUITABLE DISTRIBUTION
13.
The averments of Paragraphs 1 through 12 inclusive above are incorporated herein
by reference as though fully set forth.
14.
Plaintiff and Defendant possess various items of marital property which are subject
to equitable distribution by the Court.
WHEREFORE, Plaintiff demands judgment equitably distributing all marital
property owned by the parties and such further relief as the Court may deem equitable and
just.
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Wayne . Shade, Esquire
Supreme Court No. 15712
53 West Pomfret Street
Carlisle, Pennsylvania 17013
Telephone: 717-243-0220
Attorney for Plaintiff
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I verifY that the statements made in this pleading are true and correct. I understand
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to unsworn falsification to authorities.
Date: q -'__
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Mara E. Donaldson
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Attorney at Law
53 West pomfret Street
Carlisle, :Pennsylvania
P013
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MARA E. DONALDSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 00-536 CIVIL TERM
WAYNE W. FLOYD, JR.,
Defendant
: DIVORCE
AFFIDAVIT OF SERVICE
WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the
above-captioned matter, that he did, on February 15,2000, serve the Complaint in
Divorce in the above-captioned matter upon Defendant by certified United States mail,
postage prepaid, return receipt requested, addressee only, and that the same was received
by Defendant on February 16,2000, as evidenced by the return receipt card attached
hereto bearing Certified No. Z 013 349 169. It is understood that false statements herein
are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to
authorities.
Date: February 17,2000
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MARA E. DONALDSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
v.
: NO. 00-536 CIVIL TERM
WAYNE W. FLOYD, JR.,
Defendant
: DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER 93301(c)
OF THE DIVORCE CODE
COMMONWEALTH OF PENNSYL VANIA)
) SS:
COUNTY OF CUMBERLAND )
1.
A Complaint in Divorce under ~3301(c) of the Divorce Code with Notice of
Availability of Counseling was filed on January 28,2000, and served on February 15,
2000.
2.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3.
I consent to the entry of a Final Decree of Divorce without notice.
4.
I understand that I may lose rights concerning alimony, division of property,
WAYNEF, SHADE
Attorney at Law
53 West Pomfret Street lawyer's fees or expenses if I do not claim them before a divorce is granted.
Carlisle, Pennsylvania
17013
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Attorney at law
53 West Pomfret Street
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I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy ofthe Decree will be sent to me immediately after it is filed with
the Prothonotary.
6.
I have been advised of the availability of marriage counseling and of my right to
counseling and understand that I may request that the Court require that my spouse and I
participate in counseling.
7.
I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
8.
Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a Divorce Decree's being handed down by the Court.
9.
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.
~4904 relating to unsworn falsification to authorities.
Date: June 8, 2001
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Mara E. Donaldson
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 00-536 CIVIL TERM
WAYNE W. FLOYD, JR.,
Defendant
: DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE
OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER ~3301(c)
OF THE DIVORCE CODE
COMMONWEALTH OF PENNSYL VANIA)
) SS:
COUNTY OF CUMBERLAND )
1.
A Complaint in Divorce under 9330I(c) of the Divorce Code with Notice of
Availability of Counseling was filed on January 28,2000, and served on February IS,
2000.
2.
The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
3.
I consent to the entry of a Final Decree of Divorce without notice.
4.
I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses in do not claim them before a divorce is granted.
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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.
6.
I have been advised of the availability of marriage counseling and of my right to
counseling and understand that I may request that the Court require that my spouse and I
participate in counseling.
7.
I understand that the Court maintains a list of marriage counselors in the Domestic
Relations Office, which list is available to me upon request.
8.
Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a Divorce Decree's being handed down by the Court.
9.
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.
!l4904 relating to unsworn falsification to authorities.
Date: ~ ?; 0 , '24>0 I
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MARA E. DONALDSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
v.
: NO. 00-536 CIVIL TERM
WAYNE W. FLOYD, JR.,
Defendant
: DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the first sentence of~6 and Count II ofthe Complaint herein.
Date: June 8, 200 1
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Wayn . Shade, Esquire
Attorney for Plaintiff
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MARA E. DONALDSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND CO., PENNSYLVANIA
NO. 00-536
WAYNE FLOYD, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this 2--<1. day of ()c;;,~, 2001, it appears to the Court as
follows:
1. The parties hereto were husband and wife, seek this Order in conjunction with a final
decree of dissolution of marriage dated June 25,2001 in that action pending in this Court at the
above number.
2. Mara E. Donaldson, SSN 217-56-8785, hereinafter referred to as "Participant", is
employed by Dickinson College, is a participant in the Teachers Insurance and Annuity
Association-College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following
annuities:
TIAA Retirement Annuity (RA) Contract
CREF RA Certificate
No. B398037-8
No.Q398037-5
Mara E. Donaldson's current and last known mailing address is 129 Wilson Street,
Carlise, Pennsylvania, 17013.
3. The Alternate Payee is Wayne W. Floyd, whose current and last known mailing
address is 129 Wilson Street, Carlisle, PA 17013.
The Alternate Payee's SSN is 587-52-1705 and date of birth is May 10, 1950.
4. To accommodate the marital/community property distribution between the parties
IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS:
A. That the TIAA.CREF annuities previously referenced are marital property:
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B. Upon finalization of this Order and pursuant to the terms of said annuities, the
current values as ofthe valuation date of the Participant's TIAA-CREF annuity accumulations
for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and
exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations
of said annuities:
(Choose i or ii)
1. Marital Portion if a dollar amount to be transferred has been determined.
a) accumulations are to be valued as of June 25, 2001, the date the
Marital/Community property interest ceased:
TIM RA No. B398037 -8 $2.708.50
lll. Transfer Values
The values actually transferred will reflect interim investment experience until the
transfer is recorded by TIAA-CREF. The TIAA Traditional accumulation will increase over time,
whereas the TIAA Real Estate and CREF accumulations may increase or decrease, reflecting
the performance of the underlying investments.
C. Conditions of division of annuity contracts:
1. All ownership and interest in the balance of the accumulations not
transferred in all annuities issued to the Participant by TIAA-CREF will
belong to the Participant.
11. All ownership rights in the newly issued annuities will belong to the
Alternate Payee.
lll. The beneficiary designation ofthe Alternate Payee's annuities will be his
or her estate, unless a beneficiary designation is submitted pursuant to the
provisions of the contracts. and accepted by TIAA-CREF. The Alternate
Payee must review the contracts at issuance for accuracy and inform TIAA-
CREF of any change of address.
IV. The Alternate Payee's annuities will be issued with the same investment
allocation as the Participant's applied pro rata. The Alternate Payee may
change the investment allocation once his or her annuities are issued in
accordance with the contributing employer's plan.
D. Reaffirmation/Termination of Alternate Payee's status as beneficiary of record
for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of
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Choose i or ii by striking the non-applicable choice.
If no selection is clearly indicated, the beneficiary will remain unaffected. unless
otherwise provided by applicable law.
1. R'eaffiIlnatlou.
(a The AlL"rnate P",,yee is Lo ~,,=ain b"-iieE.dar:y a" pe~ "Aisting
Jv.,ignat~()u..,. The rd.LL~,-,ipa.nt .Lef.,d.~uS the l~ght tv vhange 5t:..(1..
Jt>:ligna.t~().l:"6.
(b) The .I.\lie.LuaLv rayee ~6 Lo be pfimd-lor bt:-uvL.c.iaIJ for the f()ll()vv~ug
pv.L....c;fitage of LILt:; .L'VL~re.oo.euL GvuL.LG.,-,L death be.LJ.e.GL., a.ud. fvI life
~.tJ.6uran(.e prOGeedb do deSGltbed.
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ORA
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IustlIar>c"- Policy No".
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The P a~ t~c~pa~iL ~eLd~u" Ll~" ~ight to change these designations.
ii. Termination - as of the date of TIAA-CREF's receipt of the QDRO, all TIAA-
CREF benefits otherwise payable to the Alternative Payee as beneficiary are payable to the
estate of the Participant. The Participant retains the right to change the designation.
E. TIAA Traditional Retirement Annuities (RAs) do not allow single-sum withdrawals
or transfers to alternate carriers. For other TIAA-CREF annuities, the Alternate Payee's right
to receive Single-sum withdrawals and/or transfer all or a part of the accumulation to an
alternate carrier may be limited in accordance with the contributing employer's plan.
F. The parties are directed to submit to TIAA-CREF all documents and releases (if
required by TIAA-CREF) to finalize this Order within 30 days of the request for same.
5. This Order:
A. does not require any plan to provide any type of form of benefit, or any options not
otherwise provided under the plan, and
B. does not require TIAA-CREF to provide increased benefits, and
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remain fully enforceable.
6. ion to issue further orders as needed to execute this Order
Date:
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By the Court
Participant ~ <G
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Alternate Payee
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