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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
,
LISA A. GOODYEAR,
Plaintiff
v.
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NO. 2000-556 CIVIL TERM
JAMES M. GOODYEAR, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
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 S3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: Service accepted by Michael A. Scherer,
Esquire on February 2, 2000; Acceptance of Service filed February 15,2000.
3. Date of execution of the affidavit of consent required by S3301(c) of the Divorce
Code: by plaintiff, May 15, 2000; by defendant, May 11,2000.
4. Related claims pending: All claims resolved by Marital Settlement Agreement.
5. Date plaintiffs Waiver of Notice in S3301(c) Divorce was filed with the prothonotary:
contemporaneously herewith; date defendant's Waiver of Notice in S3301(c) Divorce was
filed with the prothonotary: contemporaneously herewith.
Date:
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Donal . Kissinger, squir
HOWETT, KISSINGER & C
130 Walnut Street
P. O. Box 810
Harrisburg,PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff
Lisa A. Goodyear
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
LISA A. GOODYEAR,
Plaintiff
VERSUS
JAMES M. GOODYEAR, JR.,
Defendant
AND NOW,
DECREED THAT
AND
PENNA.
No.
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DECREE IN
DIVORCE
MAY \~
2000
, IT IS ORDERED AND
LISA A. GOODYEAR
PLAINTIFF,
JAMES M. GOODYEAR, JR.
, 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; none.
It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions
of a certain Marital Settlement Agreement between the parties dated April 14, 2000, and attached
hereto, are illcorporated ill this Decree ill DIvorce by reference as fully as if the same were set
forth herein at length. Said Agreement shall not merge with but shall survive this Decree in
Divull;O:;.
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By THE COURT:
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PROTHONOTARY
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MARITAL SETTLEMENT AGREEMENT
BY AND BETWEEN
JAMES M. GOODYEAR, JR.
AND
LISA A. GOODYEAR
Michael A. Scherer, Esquire
O'BRIEN, BARIC & SCHERER
17 West South Street
Carlisle, P A 17013
Telephone: (717) 249-6873
Counsel for James M. Goodyear, Jr.
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street / P.O. Box 810
Harrisburg, P A 17108
Telephone: (717) 234-2616
Counsel for Lisa A. Goodyear
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MARITAL SETTLEMENT AGREEMENT
THIS AGREEMENT is made this J l/ day of Q.p 11'/ , 2000, by and
between JAMES M. GOODYEAR, JR., of Cumberland County, Pennsylvania, and LISA A
GOODYEAR, of Cumberland County, Pennsylvania;
WITNESSETH:
WHEREAS, James M. Goodyear, Jr. (hereinafter referred to as "Husband"), social
security number 201-50-9757, was born on February 3,1958, and currently resides at 200
Briarwood Lane, Carlisle, Cumberland County, Pennsylvania, 17013;
WHEREAS, Lisa A. Goodyear (hereinafter referred to as "Wife"), social security
number 148-56-2268, was born on February 4, 1963, and presently resides at 236 Bonnybrook
Road, Carlisle, Cumberland County, Pennsylvania, 17013;
WHEREAS, the parties hereto are husband and wife, having been lawfully married on
March 18, 1989 in Harrisburg, Pennsylvania;
WHEREAS, the parties have lived separate and apart since on or about October 5,1999;
WHEREAS, no children were born of the marriage between the parties;
WHEREAS, the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other, including, without limitation,
the settling of all matters between them relating to the ownership of real and personal property,
the support and maintenance of one another and, in general, the settling of any and all claims and
possible claims by one against the other or against their respective estates.
NOW, THEREFORE, in consideration of these premises, and of the mutual promises,
covenants and undertakings hereinafter set forth, and for other good and valuable consideration,
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the receipt and sufficiency of which is hereby acknowledged by each of the parties hereto,
Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows:
1. ADVICE OF COUNSEL. Each party acknowledges that he or she has
had the opportunity to receive independent legal advice from counsel of his or her selection
(Michael A, Scherer, Esquire for Husband and Donald T, Kissinger, Esquire for Wife). Each
party fully understands the facts and his or her legal rights and obligations, and each party
acknowledges and accepts that this Agreement is, in the circumstances, fair and equitable, and
that it is being entered into freely and voluntarily, and that the execution of this Agreement is not
the result of any duress or undue influence, and that it is not the result of any improper or illegal
agreement or agreements. In addition, each party understands the impact of the Pennsylvania
Divorce Code, whereby the court has the right and duty to determine all marital rights of the
parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital
property or property owned or possessed individually by the other, counsel fees and costs of
litigation and, fully knowing the same, each party hereto still desires to execute this Agreement,
acknowledging that the terms and conditions set forth herein are fair, just and equitable to each
of the parties, and waives his and her respective right to have the Court of Common Pleas of
Cumberland County, or any other court of competent jurisdiction, make any determination or
order affecting the respective parties' rights to alimony, alimony pendente lite, support and
maintenance, equitable distribution, counsel fees and costs oflitigation.
2. DISCLOSURE OF ASSETS. Each of the parties hereto acknowledges
that he or she is aware of his or her right to seek discovery, including but not limited to, written
interrogatories, motions for production of documents, the taking of oral depositions, the filing of
inventories, and all other means of discovery permitted under the Pennsylvania Divorce Code or
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the Pennsylvania Rules ofCivij Procedure. Each of the parties further acknowledges that he or
she has had the opportunity to discuss with counsel the concept of marital property under
Pennsylvania law and each is aware of his or her right to have the real and/or personal property,
estate and assets, earnings and income of the other assessed or evaluated by the courts of this
commonwealth or any other court of competent jurisdiction. The parties do hereby acknowledge
that there has been full and fair disclosure to the other of his or her respective income, assets and
liabilities, whether such are held jointly or in the narne of one party alone. Each party agrees that
any right to further disclosure, valuation, enumeration or statement thereof in this Agreement is
hereby specifically waived, and the parties do not wish to make or append hereto any further
enumeration or statement. Each party warrants that he or she is not aware of any marital asset
which is not identified in this Agreement. The parties hereby acknowledge and agree that the
division of assets as set forth in this Agreement is fair, reasonable and equitable, and is
satisfactory to them. Each of the parties hereto further covenants and agrees for himself and
herself and his or her heirs, executors, administrators or assigns, that he or she will never at any
time hereafter sue the other party or his or her heirs, executors, administrators or assigns in any
action of contention, direct or indirect, and allege therein that there was a denial of any rights to
full disclosure, or that there was any fraud, duress, undue influence or that there was a failure to
have available full, proper and independent representation by legal counsel.
3. PERSONAL RIGHTS. Husband and Wife may, at all times hereafter,
. live separate and apart. Each shall be free from all control, restraint, interference and authority,
direct or indirect, by the other. Each may reside at such place or places as he or she may select.
Each may, for his or her separate use or benefit, conduct, carry on or engage in any business,
occupation, profession or employment which to him or her may seem advisable. Husband and
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Wife shall not molest, harass, disturb or malign each other or the respective families of each
other, nor compel or attempt to compel the other to cohabit or dwell by any means or in any
manner whatsoever with him or her, Neither party will interfere with the use, ownership,
enjoyment or disposition of any property now owned by or hereafter acquired by the other.
4. MUTUAL CONSENT DIVORCE. It is the intention of the parties, and
the parties agree, that by this Agreement they have resolved all ancillary economic issues related
to the dissolution of their marriage and thus any divorce action with respect to these parties shall
be limited to a claim for divorce only. The parties acknowledge that on or about January 31,
2000 Wife commenced a Divorce Action pursuant to, inter-alia, S3301(d)(c) ofthe Divorce
Code in the Court of Common Pleas ofClllllberland County and docketed at #2000-556 Civil.
Upon expiration of the ninety (90) day waiting period provided for by S3301 (d)( c) both parties
shall execute Affidavits of Consent and Waivers of Notice of Intent to Request Entry of Divorce
Decree and forward same to counsel for Wife who shall file said doclllllents of record along with
all other doclllllents necessary to precipitate the prompt entry of a Divorce Decree.
5. EOUlTABLE DISTRIBUTION.
(a) Marital Residence. The parties acknowledge that they are the
titled owners, as tenants by the entireties of that certain house and lot and all improvements
thereupon situated at 236 Bonnybrook Road, Carlisle, Clllllberland County, Pennsylvania
(hereinafter referred to as the "Marital Residence"). The parties agree as follows with respect to
the Marital Residence:
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(1) Wife shall become the sole and exclusive owner of the
Marital Residence and shall be permitted to take any action with respect thereto that she deems
appropriate. Husband hereby waives, relinquishes and releases any and all past, present or future
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right, title, claim and interest he may have in and to the Marital Residence. Husband shall,
simultaneously with the execution of this Agreement, execute a deed transferring all of his right,
title and interest in the Marital Residence to Wife and deliver same to Wife. After execution of
said deed by Wife, Husband's counsel shall hold said deed pending request by the mortgage
lender that it be recorded so as to permit the assumption required hereinafter. Upon such request
by the lender, said deed shall be released to Wife's counselor the lender as appropriate for the
purpose of recordation. Recordation shall occur no earlier than the date of Wife's payment to
Husband's counsel pursuant to (h)(I) hereinafter.
(2) Husband agrees that as the date of execution of this
agreement, any and all title policies and any other policies of insurance with respect to the
Marital Residence shall be endorsed to reflect Wife as sole owner thereof and further agrees that
Wife shall be entitled to receive any payments now or hereafter due under any such insurance
policies.
(3) Commencing on the execution date of this Agreement,
Wife shall be solely responsible for all costs, expenses and liabilities associated with or
attributable to the Marital Residence, including, but not limited to, any mortgages, any and all
home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and
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repairs, and Wife shall keep Husband and his successors, assigns, heirs, executors and
administrators indenmified and held harmless from any liability, cost or expense, including
. actual attorneys fees, which may be incurred in connection with such liabilities and expenses or
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resulting from Husband's ownership interest in the Marital Residence. Furthermore, Wife shall
immediately upon execution of this Agreement make application to assume any mortgages
associated with said Marital Residence so as tel remove Husband's name from liability therefore.
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(b) WEST VIRGINIA CABIN. The parties acknowledge that they
are the titled owners, along with Fred L. Goodyear, of that certain house and lot and all
improvements thereupon situated at Lot A-56, TP Subdivision, Lost RiverlHardy, West Virginia
(hereinafter referred to as the "West Virginia Cabin"), The parties agree as follows with respect
to the West Virginia Cabin:
(I) Husband shall become the sole and exclusive owner of the
parties share of the West Virginia Cabin and shall be permitted to take any action with respect
thereto that he deems appropriate. Wife hereby waives, relinquishes and releases any and all
past, present or future right, title, claim and interest she may have in and to the West Virginia
Cabin. Wife shall, simultaneously with the execution ofthis Agreement, upon presentation by
Husband, execute a deed transferring all of her right, title and interest in the West Virginia Cabin
(2) Wife agrees that as the date of execution of this agreement,
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to Husband and deliver same to Husband.
any and all title policies and any other policies of insurance with respect to the West Virginia
Cabin shall be endorsed to reflect Husband as sole owner thereof and further agrees that Husband
(3) Commencing on the execution date of this Agreement,
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shall be entitled to receive any payments now or hereafter due under any such insurance policies.
Husband shall be solely responsible for all costs, expenses and liabilities associated with or
attributable to the West Virginia Cabin, including, but not limited to, any mortgages, any and all
. home equity loans or lines of credit, taxes, insurance premiums, utilities, maintenance and
repairs, and Husband shall keep Wife and her successors, assigns, heirs, executors and
administrators indemnified and held harmless from any liability, cost or expense, including
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actual attorneys fees, which may be incurred in connection with such liabilities and expenses or
resulting from Wife's ownership interest in the West Virginia Cabin.
(c) Furnishinl!s and Personaltv.
(I) The parties agree that they have divided by agreement
between themselves all furnishings and personalty located in the Marital Residence, including all
fumiture, furnishings, antiques, jewelry, rugs, carpets, household appliances and equipment.
(2) Except as otherwise set forth herein, Wife shall retain, as
her sole and separate property, free of any and all right, title, claim or interest of Husband, all of
the personalty and furnishings remaining in the Marital Residence. Notwithstanding the
foregoing, the parties agree that Husband shall receive, as his sole and separate property, the
items located at the Marital Residence and listed on Exhibit "A" attached hereto. Husband shall
be entitled to immediate possession of items 1 through 7 on Exhibit "A". Husband shall make
arrangements to retrieve said property through Terry Goodyear or Jim Eckart who Wife will
meet for the purpose of exchange. Husband shall have thirty (30) days to remove the remainder
of the items on Exhibit "A", and any other smaller property items or personal effects as the
parties may agree, during the weekend of April 15-16, 2000 or the weekend of April 29-30,
2000. Jim Eckart or Terry Goodyear shall accompany Husband to the Marital Residence for the
purpose of retrieval of any such personal property, retrieval shall only occur in the presence of
Wife and/or her representatives.
(3) Except as otherwise set forth herein, Husband shall retain,
as his sole and separate property, free of any and all right, title, claim or interest of Wife, all of
the personalty and fumishings currently in his possession in addition to the items on Exhibit "A".
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(d) Motor Vehicles.
(I) Husband agrees that Wife shall retain possession of and
receive as her sole and separate property the Toyota 4 Runner automobile currently titled in the
joint names of the parties, along with all rights under any insurance policies thereon and with all
responsibility for payment of any outstanding indebtedness pertaining thereto and insurance
thereon, free of any and all right, title, claim or interest of Husband. Wife shall indemnify and
hold Husband and his property harmless from any and all liability, cost or expense, including
actual attorney's fees, incurred in connection with any vehicle belonging to Wife by virtue of this
subparagraph.
(2) Wife agrees that Husband shall retain possession of and
receive as his sole and separate property the Dodge Pick-up truck and the Toyota pick-up truck
automobiles, currently titled in the joint names of the parties, along with all rights under any
insurance policies thereon and with all responsibility for payment of any outstanding
indebtedness pertaining thereto and insurance thereon, free of any and all right, title, claim or
interest of Wife. Husband shall indemnify and hold Wife and her property harmless from any
and all liability, cost or expense, including actual attorney's fees, incurred in connection with any
vehicles belonging to Husband by virtue of this subparagraph.
(3) The parties agree that they will cooperate in effectuating
the transfer of titles and insurance to accomplish the purposes of this subparagraph no later than
. twenty (20) days from the date of execution hereof.
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(e) Life Insurance.
The parties acknowledge and agree that each shall retain as hislher
sole and separate property, any and all life insurance policies in hislher name, free of any right,
title and interest of the other party.
(1) Pension and Retirement Benefits. Except as specifically set forth
below, Wife and Husband each hereby specifically releases and waives any and all right, title,
claim or interest that he or she may have in and to any and all retirement benefits (including but
not limited to pension or profit sharing benefits, deferred compensation plans, 401(k) plans,
employee savings and thrift plans, individual retirement accounts or other similar benefits) of the
other party, specifically to include a waiver of any spousal annuity benefits and/or beneficiary
designations thereunder. The parties acknowledge that Husband has a 401(K) plan and defined
benefit plan through his former employer, PPG. In addition, the parties acknowledge that Wife
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has an AS! Savings Plan and an AS! ESOP Plan through her current employer, the TRANE
Company. The parties agree that they shall execute any documents pursuant to the Retirement
Equity Act or any similar act that may be required from time to time to accomplish the purposes
of this subparagraph.
Notwithstanding the above, the parties agree that Husband shall be entitled
to Sixty Thousand Dollars ($60,000) from Wife's AS! Savings Plan or AS! ESOP Plan through
TRANE. Said amount shall be rolled over to Husband via a Qualified Domestic Relations Order
. to be prepared by counsel for Husband at Husband's expense.
(g) Financial Accounts. The parties agree that all of their financial
accounts have been divided between them to their mutual satisfaction. Accordingly, each party
shall remain the sole and exclusive owner of any said accounts titled in hislher name.
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(h) EQuitable Distribution Pavments. Wife agrees that she shall pay
to Husband as and for equitable distribution the total sum of Fifty ~ Two Thousand Five
Hundred Dollars ($33,999) ($52,500), payable as follows:
(1) Forty Five Thousand Dollars ($45,000) payable within
forty five (45) days of the date of execution of this Agreement; and
(2) ~Seven Thousand Five Hundred Dollars
($19,999)($7,500) payable on or before Oets98r July 1, 2000.
However, the parties specifically agree that said sums shall be paid by
Wife to Husband's counsel who shall place said sums in an interest bearing escrow account for
Husband's behalf, and who shall not release said sums to Husband until such time as Husband
has executed an Affidavit of Consent and Waiver of Notice of Intention to request entry of
Divorce Decree, forwarded said documents to Wife's counsel in accordance with paragraph 4 of
this Agreement, and a Decree in Divorce has been entered by the Court. Husband's counsel shall
be authorized to release said funds to Husband only after said Decree in Divorce has been entered
and verification of entry received by Wife's counsel.
(i) Miscellaneous ProDertv. As of the execution date of this
Agreement, any and all property not specifically addressed herein shall be owned by the party to
whom the property is titled; and if untitled, the party in possession. This Agreement shall
constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property
from each to the other.
G) ProDerty to Wife. The parties agree that Wife shall own, possess,
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and enjoy, free from any claim of Husband, the property awarded to her by the terms ofthis
Agreement. Husband hereby quitclaims, assigns and conveys to Wife all such property, and
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waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from
Husband to Wife.
(k) Prooerty to Husband. The parties agree that Husband shall own,
possess, and enjoy, free from any claim of Wife, the property awarded to him by the terms ofthis
Agreement. Wife hereby quitclaims, assigns and conveys to Husband all such property, and
waives and relinquishes any and all rights thereto, together with any insurance policies covering
that property, and any escrow accounts relating to that property. This Agreement shall constitute
a sufficient bill of sale to evidence the transfer of any and all rights in such property from Wife to
Husband.
(I) CitiBank Credit Card. The parties acknowledge and agree that at
the time of separation Husband was liable on CitiBank Gold Credit Card account # 4271 3820
7344 8868. Since separation, Wife has made payments against said account while Husband has
made numerous charges. The parties acknowledge and agree that Husband shall pay, be
responsible for any and all new charges on said account, excluding interest, on and after October
6, 1999 and continuing through the date of execution hereof. Wife shall as soon as practicable
after execution hereof transfer or pay any additional balance of said account as of the date of
execution hereof above and beyond Husband's charges set forth above, and she shall indenmifY
. and hold Husband harmless from any liability with respect to such additional balance. The
account shall remain open and Husband shall indemnifY and hold Wife harmless from any
liability on said account except as set forth in this paragraph.
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(m) Liability Not Listed. Each party represents and warrants to the
other that he or she has not incurred any debt, obligation or other liability, other than those
described in this Agreement, on which the other party is or may be liable. A liability not
disclosed in this Agreement will be the sole responsibility of the party who has incurred or may
hereafter incur it, and such party agrees to pay it as the same shall become due, and to indenmify
and hold the other party and his or her property harmless from any and all such debts, obligations
and liabilities.
(n) Indemnification of Wife. If any claim, action or proceeding is
hereafter initiated seeking to hold Wife liable for the debts or obligations assumed by Husband
lillder this Agreement, Husband will, at his sole expense, defend Wife against any such claim,
action or proceeding, whether or not well-founded, and indemnify her and her property against
any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Wife in connection therewith.
(0) Indemnification of Husband. If any claim, action or proceeding
is hereafter initiated seeking to hold Husband liable for the debts or obligations assumed by Wife
lillder this Agreement, Wife will, at her sole expense, defend Husband against any such claim,
action or proceeding, whether or not well-folillded, and indemnify him and his property against
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any damages or loss resulting therefrom, including, but not limited to, costs of court and actual
attorney's fees incurred by Husband in connection therewith.
(P) Warranty as to Future Oblil!ations. Husband and Wife each
represents and warrants to the other that he or she will not at any time in the future incur or
contract any debt, charge or liability for which the other, the other's legal representatives,
property or estate may be responsible. From the date of execution of this Agreement, each party
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shall use only those credit cards and accounts for which that party is individually liable and the
parties agree to cooperate in closing any remaining accounts which provide for joint liability.
Each party hereby agrees to indemnify, save and hold the other and his or her property harmless
from any liability, loss, cost or expense whatsoever, including actual attorneys fees, incurred in
the event of breach hereof.
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6. WAIVER OF ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL
SUPPORT. Husband and Wife hereby expressly waive, discharge and release any and all rights
and claims which he or she may have now or hereafter by reason of the parties' marriage to
alimony, alimony pendente lite, spousal support and/or maintenance or other like benefits
resulting from the parties' status as husband and wife. The parties further release and waive any
rights they may have to seek modification of the terms of this paragraph in a court of law or
equity, it being understood that the foregoing constitutes a final determination for all time of
either party's obligation to contribute to the support and maintenance of the other.
7. VICTIM IMPACT STATEMENT. Contemporaneously with the
execution of this Agreement, Wife shall complete and submit to the District Attorney's office her
Victim Impact Statement in which she will request that Husband receive ARD in the criminal
case pending against Husband. Wife represents that the Victim Impact Statement she submits
simultaneously with the execution of this Agreement is attached hereto and marked Exhibit "B"
and incorporated by reference herein as if set forth at length. Wife agrees that she shall take no
. actions inconsistent with the request that Husband receive ARD in said action.
8. ENTRY OF AGREED UPON PROTECTION FROM ABUSE
ORDER. The parties acknowledge that the Temporary Protection from Abuse Order of
November 29,1999 shall be entered as a permanent Agreed Upon Protection from Abuse Order.
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However, the parties likewise agree that the permanent Protection from Abuse Order will expire
as of November I, 2000, so long as Husband has complied with paragraph 4 herein and executed
the necessary Affidavit of Consent and Waiver of Notice ofIntent to Request Entry of Divorce
Decree and forwarded said documents to counsel for Wife. In the event that Husband has not
executed said documents by November I, 2000, then the term of the Protection from Abuse
Order shall be twelve (12) months from the date of entry of said permanent order.
9. COUNSEL FEES. COSTS AND EXPENSES. Each party shall be
solely responsible for his or her own legal fees, costs and expenses incurred in cOlillection with
their separation and/or the dissolution of their marriage, and the preparation and execution of this
Agreement.
10. WAIVER OF INHERITANCE RIGHTS. Unless otherwise specifically
provided in this Agreement, as of the execution date of this Agreement, Husband and Wife each
waives all rights of inheritance in the estate of the other, any right to elect to take against the will
or any trust of the other or in which the other has an interest, and each of the parties waives any
additional rights which said party has or may have by reason of their marriage, except the rights
saved or created by the terms of this Agreement. This waiver shall be construed generally and
shall include, but not be limited to, a waiver of all rights provided under the laws of
Pelillsylvania, or any other jurisdiction.
11. WAIVER OF BENEFICIARY DESIGNATION. Unless otherwise
specifically set forth in this Agreement, each party hereto specifically waives any and all
beneficiary rights and any and all rights as a surviving spouse in and to any asset, benefit or like
program carrying a beneficiary designation which belongs to the other party under the terms of
this Agreement, including, but not limited to, pensions and retirement plans of any sort or nature,
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deferred compensation plans, life insurance policies, annuities, stock accounts, bank accounts,
final pay checks or any other post-death distribution scheme, and each party expressly states that
it is his and her intention to revoke by the terms ofthis Agreement any beneficiary designations
naming the other which are in effect as of the date of execution of this Agreement. If and in the
event the other party continues to be named as beneficiary and no alternate beneficiary is
otherwise designated, the beneficiary shall be deemed to be the estate of the deceased party.
12. RELEASE OF CLAIMS.
(a) Wife and Husband acknowledge and agree that the property
dispositions provided for herein constitute an equitable distribution of their assets and liabilities
pursuant to S3502 of the Divorce Code, and Wife and Husband hereby waive any right to
division of their property except as provided for in this Agreement. Furthermore, except as
otherwise provided for in this Agreement, each of the parties hereby specifically waives,
.1
,
releases, renounces and forever abandons any claim, right, title or interest whatsoever he or she
may have in property transferred to the other party pursuant to this Agreement or identified in
said property or proceeds in the future. However, neither party is released or discharged from
n
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!
this Agreement as belonging to the other party, and each party agrees never to assert any claim to
,I
any obligation under this Agreement or any instrument or document executed pursuant to this
Agreement. Husband and Wife shall hereafter own and enjoy independently of any claim or
right ofthe other, all items of personal property, tangible or intangible, acquired by him or her
from the execution date of this Agreement with full power in him or her to dispose of the same
fully and effectively for all purposes.
(b) Each party hereby absolutely and unconditionally releases and
forever discharges the other and the estate of the other for all purposes from any and all rights
.
15
I!
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_ l
_Ii
and obligations which either party may have or at any time hereafter has for past, present or
future support or maintenance, alimony pendente lite, alimony, equitable distribution, counsel
fees, costs, expenses, and any other right or obligation, economic or otherwise, whether arising
out ofthe marital relationship or otherwise, including all rights and benefits under the
Pelillsylvania Divorce Code of 1980, its supplements and amendments, as well as under any
other law of any other jurisdiction, except and only except all rights and obligations arising under
this Agreement or for the breach of any of its provisions. Neither party shall have any obligation
to the other not expressly set forth herein.
(c) Except as set forth in this Agreement, each party hereby absolutely
and unconditionally releases and forever discharges the other and his or her heirs, executors,
administrators, assigns, property and estate from any and all rights, claims, demands or
obligations arising out of or by virtue of the marital relationship of the parties whether now
existing or hereafter arising. The above release shall be effective regardless of whether such
claims arise out of any former or future acts, contracts, engagements or liabilities of the other or
by way of dower, courtesy, 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 Pelillsylvania, any
state, commonwealth or territory of the United States, or any other country.
(d) Except for the obligations of the parties contained in this
Agreement and such rights as are expressly reserved herein, each party gives to the other by the
l'
execution of this Agreement an absolute and unconditional release and discharge from all causes
, ,
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.
16
'~'n~--
of action, claims, rights or demands whatsoever in law or in equity, which either party ever had
or now has against the other,
13. PRESERVATION OF RECORDS. Each party will keep and preserve
for a period offour (4) years from the date of their divorce decree all financial records relating to
the marital estate, and each party will allow the other party access to those records in the event of
tax audits.
14. MODIFICATION. No modification, rescission, or amendment to this
Agreement shall be effective unless in writing signed by each of the parties hereto.
15. SEVERABILITY. If any provision ofthis Agreement is held by a court
of competent jurisdiction to be void, invalid or Imenforceable, the remaining provisions hereof
shall nevertheless survive and continue in full force and effect without being impaired or
invalidated in any way.
16. BREACH. If either party hereto breaches any provision hereof, the other
party shall have the right, at his or her election, to sue for damages for such breach, or seek such
other remedies or relief as may be available to him or her. The non-breaching party shall be
entitled to recover from the breaching party all costs, expenses and legal fees actually incurred in
the enforcement of the rights of the non-breaching party.
17. WAIVER OF BREACH. The waiver by one party of any breach of this
Agreement by the other party will not be deemed a waiver of any other breach or any provision
. of this Agreement.
.
17
"'1
,
.
18. NOTICE. Any notice to be given under this Agreement by either party to
the other shall be in writing and may be effected by registered or certified mail, return receipt
requested. Notice to Husband will be sufficient if made or addressed to the following:
James M. Goodyear, Jr.
200 Briarwood Lane
Carlisle, PA 17013
and to Wife, if made or addressed to the following:
Lisa A. Goodyear
236 Bonnybrook Road
Carlisle, PA 17013
Notice shall be deemed to have occurred upon the date received by the recipient. Each party may
change the address for notice to him or her by giving notice of that change in accordance with the
provisions of this paragraph.
19. APPLICABLE LAW. All acts contemplated by this Agreement shall be
construed and enforced under the substantive laws of the Commonwealth of Pennsylvania
(without regard to the conflict of law rules applicable in Pennsylvania) in effect as ofthe date of
execution of this Agreement.
20. DATE OF EXECUTION. The "date of execution" or "execution date" of
this Agreement shall be defined as the date upon which the parties signed the Agreement if they
do so on the same date, or if not on the same date, then the date on which the Agreement was
signed by the last party to execute this Agreement.
21. EFFECTIVE DATE. This Agreement shall become effective and
binding upon both parties on the execution date.
22. EFFECT OF RECONCILIATION. COHABITATION OR
DIVORCE. This Agreement shall remain in full force and effect and shall not be abrogated
.
18
1_< , .'~ ,_
l
even if the parties effect a reconciliation, cohabit as husband and wife or attempt to effect a
reconciliation. This Agreement also shall continue in full force and effect in the event of the
parties'divorce. There shall be no modification or waiver of any of the terms hereof unless the
parties in writing execute a statement declaring this Agreement or any term of this Agreement to
be null and void.
23. HEADINGS NOT PART OF AGREEMENT. Any headings preceding
the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of
reference and shall not constitute a part of this Agreement nor shall they affect its meaning,
construction or effect.
24. AGREEMENT BINDING ON PARTIES AND HEIRS. This
Agreement shall bind the parties hereto and their respective heirs, executors, administrators, legal
representatives, assigns, and successors in any interest of the parties.
25. ENTIRE AGREEMENT. Each party acknowledges that he or she has
carefully read this Agreement; that he or she has discussed its provisions with an attomey of his
or her own choice, and has executed it voluntarily and in reliance upon his or her own attorney;
and that this instrument expresses the entire agreement between the parties conceming the
subjects it purports to cover and supersedes any and all prior agreements between the parties.
This Agreement should be interpreted fairly and simply, and not strictly for or against either of
the parties.
26. MUTUAL COOPERATION. Each party shall, on demand, execute and
deliver to the other any deeds, bills of sale, assigrIIDents, consents to change of beneficiary
designations, tax returns, and other documents, and shall do or cause to be done every other act
or thing that may be necessary or desirable to effectuate the provisions and purposes of this
19
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Agreement. If either party unreasonably fails on demand to comply with these provisions, that
party shall pay to the other party all attomey's fees, costs, and other expenses actually incurred as
a result of such failure,
27. AGREEMENT NOT TO BE MERGED. This Agreement may be
incorporated into a decree of divorce for purposes of enforcement only, but otherwise shall not
be merged into said decree. The parties shall have the right to enforce this Agreement under the
Divorce Code of 1980, as amended, and in addition, shall retain any remedies in law or in equity
under this Agreement as an independent contract. Such remedies in law or equity are specifically
not waived or released.
IN WITNESS WHEREOF, the parties hereto set their hands and seals on the dates of
their acknowledgments.
?{f<<I4 0t/'
WlTNES
~'M.D~~
l\MES M. GOODYE , JR.
a~~t -17~l
WITNESS
~a..~
LISA A. GOODYEAR
20
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COMMONWEALTH OF PENNSYLVANIA
COUNTYOF (l~e~/c.4
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BEFORE ME, the undersigned authority, on this day personally appeared JAMES M.
GOODYEAR, JR., known to me to be the person who executed the foregoing instrument, and
who acknowledged to me that he executed same for the purposes and considerations therein
expressed.
r1
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /a day of
/J~J
~ ,2000.
.
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Not ublic in and for
Commonwealth of Pennsylvania
Typed or printed name of Notary:
If/?fie/a.. .F' a/?9 er
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My commission expires:
Notarial Seal .
Angela F. Unger. No~a!Y PUlJ,h~ I
Carlisle Bora. cumb.nand Ct2;r,o
My Commission Expires Oct. , -J~.
Member. Pennsylvania Association 01 Notaries
21
COMMONWEALTH OF PENNSYL VANIA
COUNTYOF ('~
)
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)
BEFORE ME, the undersigned authority, on this day personally appeared LISA A.
GOODYEAR, known to me to be the person who executed the foregoing instrument, and who
acknowledged to me that she executed same for the purposes and considerations therein
expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /y1:J, day of
~~ ,2000.
N~in:7
Commonwealth of Pennsylvania
Typed or printed name of Notary:
/lr7fjdef F tin'}'...
My commission expires:
Notatial Seal
Ar!QeIa F. Unger, Notary Pullfic
CarliSle Bora. Cumbeftand C9untY
My Commission Expires Oci, 7, 2000
Member, Pennsylvania Assaaation 0/ Notaries
,
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22
EXHIBIT "A"
I. Kabota tractor and all implements
2. Pre-Seeder
3. Hudson Trailer
4. Binder
5. Chain
6. Blillgee Cords
7. Pinnel Hook
8. Big Screen T.V.
9. Stereo
10, Guns
11. Hunting Clothes
12. MOlilltain Bike
13. Golf Clubs
14. Camping Gear
15. Post Hole Digger
16. Weedwacker
17. Blower
18. Animal mounts
19. Oak Bedroom Suit
20. Leather Furniture
21. Four Wheeler
22. Bow
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.
EXHIBIT "A"
(continued)
23. Reloading gear
24, Snow Blower
25. Walnut Chest
26. Glass Coffee Table
27. Husband's desk
28. Husband's 19" T.v.
29. Gun cases
30. Two Brass Lamps
31. Four ladders
32. Hand tools
33. Extension cords
34. Circular saw
35. Levels
36. Jacks
37. Clamps
38. Ski gear
39. Wild game callers
40. Chain saw
41. One half of the prints
42. Deep freeze
43. Table saw
.
EXHIBIT "A"
(continued)
44, Spotting scope
45. Binoculars
46. Laser range finder
47. Skull collection
48. Hunting gear
49, Gun bags
50. Grandfather's dresser
51. Movado watch
52. Husband's wedding band
53. Day packs
54. Targets
55. Safe
56. Movie collection
.
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fl' a.~~': ,: Carl..18. PA 17013 ' Donna VandeMortel
'J,U/Ebert, Jr, (717) 2>W.6220 ' (717) 697-0371 Ex!. 6220 . (717) S32~:' EJceculiveOireclor ,,'..
O~lli"~lt<Irriey' ~ 5 AA ~r
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.ttf~g~'a.:;.~'c~ime .... you'. have,'the. right ,to, offer a .state:nent:,':~.~. ,,:,:,:';~,i!~
~ .i'B~.~ti~~s~n'~eri~ing','of..~the defendan-=. .Please addres's' the" ',' .;..l;:,;.f /~.
tliis~~~e.ha~.had on you and your family, but do not desc~~be . "!, :~~1.
'e:4ja~tail"?ot the crime ;i.tself. 8y la....., a copy 0: this, :orm mu.;st be . ...~:.;1.:;"
. ~?-;",:tO'.:':h'e defense counsel; therefore the defendant w~__l see Jot as :'~,~:
;.i~~~:i'~Cle One: GI?ROVE OW / (OBJECT TO) the':it
'-defendant being admitted to the ARD Program. If you ..
;dbJec~ please briefly. state why you object.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. GOODYEAR,
Plaintiff
v,
)
)
)
)
)
)
)
NO. 2000- ..f5L. CIVIL TERM
JAMES M. GOODYEAR, JR.,
Defendant
CIVIL ACTION - LAW
IN 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 fail to do so, the case
may proceed without you and a decree of divorce or annuhnent 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 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, 1 Courthouse Square, Carlisle, Pennsylvania
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 THlS 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, P A 17013
Telephone: (717) 240-6200
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the court,
please contact our office. All arrangements must be made at least 72 hours prior to any hearing
or business before the court. You must attend the scheduled conference or hearing.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. GOODYEAR,
Plaintiff
v.
)
)
)
)
)
)
)
NO. 2000- S!J~ CIVIL TERM
JAMES M. GOODYEAR, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes Plaintiff, Lisa A. Goodyear, by and through her counsel, Howett,
Kissinger & Conley, P.C., who states the following in support ofth\l within Complaint:
I. Plaintiff is Lisa A. Goodyear, an adult individual who currently resides at
236 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Defendant is James M. Goodyear, Jr., an adult individual who currently
resides at 200 Briarwood Lane, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Both the Plaintiff and the Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding
the filing of this Complaint.
4. Plaintiff and Defendant were married on March 18, 1989 in Harrisburg,
Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the
United States of its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
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6. There have been no prior actions for divorce or annuhnent of the marriage
instituted by either of the parties in this or any other jurisdiction.
7, 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.
8. The parties have lived separate and apart since in or about October 5,
1999.
COUNT I - DIVORCE PURSUANT TO S3301(c) or (d)
OF THE DIVORCE CODE
9. The prior paragraphs of this Complaint are incorporated herein by
reference thereto,
10. The marriage of the parties is irretrievably broken.
WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce
pursuant to 93301 of the Divorce Code.
COUNT II - DIVORCEPURSUANTTO S3301(a)(6)
OF THE DIVORCE CODE
II. The priorparagraphs of this Complaint are incorporated herein by
reference thereto.
12. Defendant has offered such indignities to Plaintiff, who is the innocent and
injured spouse, as to render Plaintiff's condition intolerable and life burdensome.
13. This action is not collusive.
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WHEREFORE, Plaintiff respectfully requests the Court to enter a decree in divorce
pursuant to 93301(a)(6) of the Divorce Code.
Respectfully submitted,
Date:
/ ft-7 40
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~~~~
Donald T. Kissinger, Esquire
HOWETT, KISSINGER & CONLEY, P.C,
130 Walnut Street / P.O. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff
Lisa A. Goodyear
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VERIFICATION
I, Lisa A. Goodyear, hereby swear and affIrm that the facts contained in the foregoing
Complaint in Divorce
are true and correct to the best of my
knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. 94904
relating to unsworn falsification to authorities.
Date:
1/27/2000
Li!!l~~
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LISA A. GOODYEAR,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNNSYLVANIA
NO. 2000-556 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
JAMES M. GOODYEAR, JR,
Defendant
ACCEPTANCE OF SERVICE
AND NOW, this 2nd day of February, 2000, I, Michael A. Scherer, Esquire, Attorney
for the Defendant above, hereby accept service of the Complaint filed in the above case
pursuant to Pa. RC.P, 1920.4(e) and acknowledge receipt of a true and attested copy of
said Complaint.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. GOODYEAR,
Plaintiff
v.
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)
)
)
)
)
)
NO. 2000-556 CIVIL TERM
JAMES M. GOODYEAR, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
1. A complaint in divorce under 93301(c) of the Divorce Code was filed on
January 31, 2000,
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of
intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to
unswom falsification to authorities.
Date: S -1-5 '7J()
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. GOODYEAR,
Plaintiff
v.
)
)
)
)
)
)
)
NO, 2000-556 CIVIL TERM
JAMES M, GOODYEAR, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
W AlYER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DI~GiRC:EDECREE UNDER
63301(c) OF THE DwdRCE CODE
I. I consent to the entry of a fmal decree of divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if! 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. 94904
relating to unsworn falsification to authorities.
Date:
O'i5--uQ
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Lisa A. Goodyear, Plaintiff
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 2000-556
CIVIL TERM
JAMES M. GOODYEAR, JR.,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT, ACCEPTANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A complaint in divorce under Section 3301 (C) of the Divorce Code Was
filed on January 31, 2000.
2. Defendant acknowledged receipt and accepted service of the Complaint
on February 1, 2000.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and
ninety days have elapsed 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 sent 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 this 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 falsification to authorities.
Date: ma.l /I, Zooo
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JAMES M. GOODYE R, JR.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
LISA A. GOODYEAR,
Plaintiff
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NO. 2000-556 CIVIL TERM
JAMES M. GOODYEAR, JR.,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE WITHDRAWING ANCILLARY CLAIMS
TO THE PROTHONOTARY:
Please withdraw the ancillary claims raised by Plaintiff Lisa A. Goodyear in her
Complaint in Divorce filed on January 31,2000.
Date:
s-J~~o
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Donald T. Kissinger, Esquir
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. O. Box 810
Harrisburg, P A 171 08
Telephone: (717) 234-2616
Counsel for Plaintiff
Lisa A. Goodyear
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LISA A. GOODYEAR,
Plaintiff
,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-556 CIVIL TERM
v.
JAMES M. GOODYEAR, JR.,
Defendant
CIVIL ACTION-LAW
IN DIVORCE
ORDER OF COURT
AND NOW, this :2 '{ ~day of fl f' ;. (
. 2001, the attached
American Standard Employee Stock Ownership And Savings Plan Domestic Relations
Order is hereby approved as a Qualified Domestic Relations Order.
BY THE COURT,
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FILEo-oeflCE
OF THE PRCiTHONOTARY
01 /l.PR 25 PM 2: 05
CUMBERU\ND COUl'.'TY
PENNSYLVANIA
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LISA A. GOODYEAR,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-556 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
JAMES M. GOODYEAR, JR.,
Defendant
AMERICAN STANDARD EMPLOYEE STOCK OWNERSHIP
AND SAVINGS PU\N DOMESTIC RELATIONS ORDER
I. Identifying Information:
1. The Participant is Lisa A. Goodyear.
The Participant's social security number is 148-56-2268.
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i County, Pennsylvania 17013.
The Participant's address is 236 Bonnybrook Road, Carlisle, Cumberland
2. The Alternate Payee is James M. Goodyear, Jr.
The Alternate Payee's social security number is 201-50-9757.
The Alternate Payee's address is P.O. Box 72, Mt. Holly Springs,
Cumberland County, Pennsylvania 17065.
The Alternate Payee's date of birth is February 3, 1958.
3, The parties were married on March 18, 1989, separated on or about
October 5, 1999 and divorced on May 18, 2000. The parties have agreed to the
following division of the Participant's Employee Stock Ownership and Savings Plan.
II
II. Method Of Dividing Participant's Benefits
1. The Employee Stock Ownership and Savings Plan shall pay to Alternate
Payee the sum of Sixty Thousand ($60,000.00) Dollars pursuant to paragraph 5 (f) of
the Marital Settlement Agreement dated April 14, 2000. Said funds shall be transferred
to Alternate Payee and placed into his IRA account number 201509757 at Orrstown
Bank, P.O. Box 250, Shippensburg, Pennsylvania 17257.
2. The Alternate Payee shall not be credited with net income, loss or
expense occurring prior or subsequent to the date of segregation. The date of
segregation shall be the date Fidelity removes the award from the Participant's
accounts.
III. Other Provisions
1. This Order is intended to constitute a Qualified Domestic Relations Order
within the meaning of Section 414 (p) of the Internal Revenue Code of 1986, as
amended and Section 206 (d) of the Employee Retirement Income Security Act of
1974, as amended, and shall be interpreted in a manner consistent with such intention.
2. The Court shall retain jurisdiction to amend this Order to the extent
necessary to establish or maintain its status as a Qualified Domestic Relations Order.
3. The Participant shall be the Constructive Trustee of any benefit assigned
to the Alternate Payee but paid to the Participant in error or because of the Plan's
inability to locate the Alternate Payee.
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4, This Order will not provide any type or form of benefit or option to an
Alternate Payee that is not available under the Plan; this Order will not pay an Alternate
Payee benefits greater than the Participant's benefit; this Order will not pay benefits to
another Alternate Payee that was approved by an earlier Qualified Domestic Relations
Order.
5. The Alternate Payee shall have the right to elect to begin receiving
benefits or withdrawing funds from the Plan after Participant has begun to receive
benefits at the earliest of the following dates: a) the date on which Participant becomes
eligible to withdraw similarly situated funds from the Plan without regard to hardship; or,
b) the date on which Participant could begin receiving benefits under the Plan if
Participant separated from service, or the date the Participant attains age fifty, if later;
or, c) any date provided in the Plan for distribution to Alternate Payee.
6. The dollars shall be removed from each of the Participant's accounts as
follows: $60,000.00 shall be removed on a pro rata basis among participants' funds,
APe;! Fa ~~.dy--
Lisa A.13oodyear
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....., James W. ood ear, Jr.
Donald T. Kissinger, Es
Attorney for Plaintiff
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Michael A. Scherer, Esquire
Attorney for Defendant
.
STATE OF Pennsylvania
SS.
COUNTY OF Cumberland
,
AND NOW, this II day of ~ , 2001, before me, the
undersigned officer, personally appeared Lisa A. Goodyear, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that she executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOla,ial Seal
Jennifer S. Lindsay, Notary Publio
CarUsle 80m, Cumberland County
My Commission Expires Nov, 29, 2003
. IIeInIler,PennsylvanlaAssociationofNolanes
STATE OF Pennsylvania
SS.
COUNTY OF Cumberland
AND NOW, this I day of ~ , 2001, before me, the
undersigned officer, personally appear~d James fJJ. Goodyear, Jr., known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within
instrument, and acknowledged that he executed same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Notarial Seal , '
Jennifer S. Lindsay, Notary Public
Carlisle Bora, Cumberland County
My CommisSIon Expires Nov, 29, 2003
Member, Pennsylvania Association of Notaries
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APR 2 3 2001
DW\
LISA. GOODYEAR,
, Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-556 CIVIL TERM
CIVIL ACTION-LAW
IN DIVORCE
JAMES M. GOODYEAR, JR.,
Defendant
MOTION FOR COURT APPROVAL
OF QUALIFIED DOMESTIC RELATIONS ORDER
1, The Plaintiff, Lisa A. Goodyear is represented by Donald T Kissinger,
Esquire, and the Defendant, James M. Goodyear, Jr., is represented by Michael A.
Scherer, Esquire.
2. The parties reached a Marital Settlement Agreement dated April 14, 2000,
wherein Mrs. Goodyear agreed to pay Mr. Goodyear $60,000.00 from her American
Standard Employee Stock Ownership and Savings Plan which is to be placed into a
similar, qualified plan for Mr. Goodyear.
WHEREFORE, the Defendant, James M. Goodyear, Jr., respectfully requests
that this Honorable Court approve and sign the Qualified Domestic Relations Order
which is attached hereto and which has been signed by counsel for the parties.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
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Michael A. Scherer, Esquire
I.D, # 61974
17 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/domestic/divorce/goodyear.mot
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CERTIFICATE OF SERVICE
I hereby certify that on April I q , 2001, I, Jennifer S. Lindsay, secretary to
Michael A. Scherer, Esquire, did serve a copy of the Motion For Court Approval Of
Qualified Domestic Relations Order, by first class U.S. mail, postage prepaid, to the party
listed below, as follows:
Donald T. Kissinger, Esquire
Howett, Kissinger & Conley, P.C.
130 Walnut Street
P,O. Box 810
Harrisburg, Pennsylvania 17108
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