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HomeMy WebLinkAbout02-5738IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL No. U;Z . 5 73? r 21 West Mulberry Hill Road Carlisle, PA 17013 l SS No. 602-98-6509 V. ATTY. I.D. No 43610. TAMARA WOODALL DIVORCE 21 West Mulberry Hill Road Carlisle, PA 17013 SS No. 554-45-8583 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 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 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: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 NORRIS: 181104. 1 / W 00069-159165 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: LAWYER REFERENCE SERVICE CUMBERLAND BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 Telephone: (717) 249 3166 NORRIS: 181104. UW00069-159165 -4- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL No. C Q_ _ s 73? ?1 ????£ 21 West Mulberry Hill Road l Carlisle, PA 17013 SS No. 602-98-6509 V. : ATTY. I.D. No 43610. TAMARA WOODALL DIVORCE 21 West Mulberry Hill Road Carlisle, PA 17013 SS No. 554-45-8583 NOTICE OF COUNSELING PURSUANT TO RULE 1920.12 A THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: Section 3301(a)(6) Indignities Section 3301(c) Irretrievable breakdown Mutual Consent Section 3301(d) Irretrievable breakdown Two-year separation Where the Court determines that there is a reasonable prospect of reconciliation. A list of certain professionals is available for inspection in the Branch Office of the Prothonotary in the Cumberland County Court House, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. CHERYL L. YOUNG, ESQUME, No. 43610 Wolf, Block, Schorr and Solis-Cohen LLP 325 Swede Street, P. O. Box 869 Norristown, PA 19401 610/272-5555 NORRI5:181104. 1 /W00069-159165 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL 21 West Mulberry Hill Road Carlisle, PA 17013 SS No. 602-98-6509 No. p ? S73 ? l V. TAMARA WOODALL 21 West Mulberry Hill Road Carlisle, PA 17013 SS No. 554-45-8583 ATTY. I.D. No 43610. DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Lee Woodall, who currently resides at 21 West Mulberry Hill Road, Carlisle, PA 17013, (hereinafter "Husband"). 2. Defendant is Tamara Woodall, who currently resides at 21 West Mulberry Hill Road, Carlisle, PA 17013 (hereinafter "Wife"). 3. The parties have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 30th day of January, 1997, at Las Vegas, Nevada. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. NORRIS: 181104.1 /W00069-159165 COUNT I - GROUNDS FOR DIVORCE Request for a no-fault divorce under Section 3301(c) of the Divorce Code 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of service of the Complaint in Divorce, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of service of the Complaint in Divorce, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. Request for a no-fault divorce under Section 3301(d) of the Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. The marriage of the parties is irretrievably broken. 12. The parties have lived separate and apart and at the time of the hearing, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(d) of the Divorce Code. NORRIS: 181104.1/W00069-159165 -7- COUNT II - EQUITABLE DISTRIBUTION Request for equitable distribution of marital property under Section 3104(a)(1) and 3502(a) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3104(a)(1) and 3502(a) of the Divorce Code. Request for approval of any settlement agreement and incorporation thereof in divorce decree under Sections 3104(a)(1) and (4) and 3323(b) of the Divorce Code 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto., 16. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 17. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with Defendant. 18. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. NORRISA 81104. UW00069-159165 - 8 _ WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to Sections 3104(a)(1) and (4) and 3323(b) of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. COUNT III - CUSTODY Request for Joint custody award under Sections 3104(a)(2) of the Divorce Code 19. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 20. The parties are the parents of the following unemancipated children who reside with both parents. NAME AGE SEX DATE OF BIRTH Alijah Woodall 1 year M December 26, 2000 Alayah Woodall 4 year F September 15, 1998 21. During the past five years, the children have/has resided with the parties and at the addresses herein indicated: FROM TO WITH WHOM ADDRESSES 1999 2002 Both Parents 63 Sleepy Hollow Newtown Square, PA 2002 Present Both Parents 21 West Mulberry Hill Road Carlisle, PA 17013 22. Plaintiff has not participated in any other litigation concerning the children in this or any other state. There are no other proceedings pending involving custody of the children in this or in any other state. NORRIS: 181104.1/W00069-159165 -9- 23. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 24. Sole custody isolates the children from the non-custodial parent. 25. The best interests of the children require that open and meaningful access be maintained with each parent and that they have a relationship with each parent. 26. The children have developed emotional attachments to each parent and the severing of this attachment is not in the children's best interest. 27. Permitting each parent to remain involved in the lives of the children enables the children to share with each parent the intimate contact necessary to strengthen a true parent-child relationship. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3104(a)(2) of the Divorce Code, the Court enter an Order awarding joint custody of the children to the parties. Respectfully submitted, Dated: By: ; 7? d i y '- Cheryl L(F61u ig, IreeNo 43610 Wolf Block Schorr & Solis-Cohen, LLP 325 Swede Street, P. O. Box 869 Norristown, PA 19404 610/272-5555 Attorneys for Plaintiff NORRIS: 181104.1/W00069-159165 _ 10 - VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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 authoriti Dated: Z NORRIS: 181104.1 /W00069-159165 - 77 nil " T, P p cy ' l rte. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL No. o-1 21 West Mulberry Hill Road Carlisle, PA 17013 SS No. 602-98-6509 V. ATTY. I.D. No 43610. TAMARA WOODALL DIVORCE 21 West Mulberry Hill Road Carlisle, PA 17013 SS No. 554-45-8583 TO THE PROTHONOTARY: ENTRY OF APPEARANCE Kindly enter my appearance as attorney of record on behalf of Lee Woodall, Plaintiff in the above-captioned action. CHERYL. YOUNG, ESQ RE, No. 43610 Wolf, Block, Schorr and Solis-Cohen LLP 325 Swede Street, P. O. Box 869 Norristown, PA 19401 610/272-5555 NORRIS: 181104. I /W00069-159165 C o Q C _ rv -n -TJ r: - r r. _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOOD ALL No. 02-5738 21 West Mulberry Hill Road Carlisle, PA 17013 SS No. 602-98-6509 V.1 : ATTY. I.D.. No 43610. TAMARA W ODALL DIVORCE 21 West Mulb rry Hill Road Carlisle, PA 7013 SS No. 554-4 -8583 PRAECIPE TO REINSTATE TO THE PR HONOTARY: Kindl reinstate the Complaint in Divorce filed December 2, 2002 in the above-captioned matter. WOLF, BLOCK, SCHORR & SOLIS-COHEN LLP BY: -?? -- CHERYL OUNG, SQUIR?;-:_i Attorney or Plaintiff NORRIS:186303.1 00069-159165 "V L'd".`i FT-1 Tim ; z. : `w. U 1: ? s' 4 - LEE WOODALL IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TAMARA WOODALL • 02-5738 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Thursday, February 27, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Melissa P. Greevy, Esq. , the conciliator, at 301 Market Street, Lemoyne, PA 17043 on Monday, March 31, 2003 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By. /s/ Melissa P Grovy,Esq L Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 VNVAI1 ,SNN3d h1Nf)O? CVNF?? P WO 0L :E WJ LZ C, 33 C0 + ; -'C LAW ND COUNTY, PENNSYLVANIA IN THE COURT OF COMMON CPLEAS IVIL OF CUMBERLA ACTION - LEE WOODALL 21 West Mulberry Hill Road Carlisle, PA 17013 SS No. 602-98-6509 No. C),-), - 5l 3 8 V. TAMARA WOODALL 2204 Jackson Circle Carrollton, TX 75006 SS No. 554-45-8583 ATTY. I.D. No 43610. DIVORCE ACCEPTANCE OF SERVICE 1, Tamara Woodall, Defendant above. hereby accept service of the within Complaint in Divorce on this 28th day of January, 2003. B 440 OD'ALL Defendant `t.:. NORRIS:191104.I/W00069-159165 '• HOW "aA APR 2 9 2003 iT LEE WOODALL, Plaintiff V. Defendant PLEAS OF TAMARA WOODALL, IN THE COURT OUNOTM COMMON CUMBERLAND CO NO. 02-5738 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY ORDER TO RELINQUISH JURISDICTION requested a thirty (30) day to of April, 2003, the parties having the AND NOW, this 28 day March 26, 2003, and the Conciliator having received no further requehe f above continuance on relinquishes jurisdiction o Custody Conciliation Conference to reconvene, hereby captioned matter. FOR THE Melissa Peel Greevy, Esquire Custody Conciliator :212675 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL SS No. 602-98-6509 No. 02-5738/ V. ATTY. I.D. No 43610. TAMARA WOODALL DIVORCE SS No. 554-45-8583 AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 2, 2002 and served on January 28, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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.S4Section 4904 relating to unworn falsification to authorities. ti- `f - o DATE NORRI S:201482. I / W 000 69-1 5 9 1 6 5 c= ,, ' rn T)?' ? 1 nor; r ._ -a c, ; .,-_ ' = r= ? ; %? /_ i- .. 1, _ iv .. ;, _ .? Cli IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL SS No. 602-98-6509 V. No. 02-5738/ ATTY. I.D. No 43610. TAMARA WOODALL DIVORCE SS No. 554-45-8583 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 6 3301(D) I consent to the entry of a final decree of divorce without notice. 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 decree 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 thg,pe*ties ofA Pa. C.S. Section 4904, relating to unsworn falsification to authorities. BY: N ORRI5:201482.1 / W 00069-159165 C) i= ?,? r ?,- 7 ._,; ._ %! -_, G; t- ? c> ; 7c. •• --' .. -,? ?i (i} : ?RlGint?? F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW i LEE WOODALL § NCI. 02-5738 21 West Mulberry Hill Road § Carlisle, PA 17013 § S.S. No: 602-98-6509 § VS. § ATTY I.D. NO: 43610 TAMRA WOODALL § CUSTODY 2204 Jackson Circle § Carrollton, Texas 75006 § S.S. No: 554-45-8583 § AGREEMENT INCIDENT TO DIVORCE The parties to this agreement and their attorneys are- Name of Party: Tamra Woodall Social Security Number: 554-45-8583 Driver's license number and issuing state: Pennsylvania DL# 26 997 459 Attorney of record: Lorenzo Brown State Bar number: 03151500 Attorney's address: 1704 N. Hampton Road, Suite 208;, Desoto Texas 75115 Attorney's telephone number: (972) 224-7555 Attorney's telecopier number: (972) 224-3919 Name of Party: Lee Woodall Social Security Number: 602-98-6509 Driver's license number Page 1 of 14 and issuing state: Pennsylvania DL# Attorney of record: State Bar number: Cheryl L. Young 43610 Attorney's address: Three Penn Court 325 Swede Street P.O. Box 869 Norristown, Pennsylvania 19404 Attorney's telephone number: (610) 272-5555 Attorney's telecopier number: (610) 272-6976 To the extent permitted by law, the parties stipulate that this agreement is enforceable as a contract. In consideration of the mutual undertakings and obligations contained in this agreement, the parties agree as follows: Article 1 1.1 Just and Right Division Division of Marital Estate This agreement provides a just and right division of the marital estate, having due regard for the rights of each party and the children of the marriage. 1.2 Assets to Lee Woodall The husband, Lee Woodall, is to receive as his sole and separate property and shall own, possess, and enjoy that property, and Tamra Woodall partitions, quitclaims, assigns, and conveys to Lee Woodall the following property: H-1. The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security system access and code, garage door opener, warranties and service contracts, and title and closing documents: Page 2 of 14 One acre lot located of Wertzville Road, Mechanicsburg Pennsylvania, subject to the lien of $50,000.00, payable to Tamra Woodall, and secured by a promissory note and deed of trust, payable within 90 days of Lee Woodall signing an NFL contract with a signing bonus or lump sum payment of $100,000.00 or more; otherwise payable over 60 months at 5 percent per annum. H-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control unless otherwise awarded to Respondent herein. H-3. All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control. H-4. All sums of cash in the possession of the husband or subject to his sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the husband's sole name or from which the husband has the sole right to withdraw funds or which are subject to the husband's sole control. H-5. Seventy five percent (75%) of all sums accumulated, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, severance package, player's annuity benefits, or other benefits existing by reason of the husband's past or present employment, including but not limited to: National Football League H-6. All policies of life insurance (including cash valuers) insuring the husband's life. H-7. The following motor vehicles together with all prepaid insurance, keys, and title Page 3 of 14 documents: 2003 Mercedes 500SL Automobile and 2003 H2 Hummer. 1.3 Assets to Tamra Woodall The wife, Tamra Woodall, is to receive as her sole and separate property and shall own, possess, and enjoy that property, and Lee Woodall partitions, quitclaims, assigns, and conveys to Tamra Woodall the following property: W-1. The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security system access and code, garage door opener, warranties and service contracts, and title and closing documents: 519 N. Pitt Street, Carlisle Pennsylvania W-2. The following furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment currently in storage and in the custody of Lee Woodall: Children's bedroom furniture and furnishings; Children's bathroom furnishings; Kitchen furnishings, tools, cookware and dishes; Children's playroom furniture, furnishings and toys; Formal living room furniture, furnishings and accessories; Master bedroom furniture; All bicycles; Washer and dryer; Waterford crystal vases; Dining room furniture; Master bathroom furnishings and boxes, Master sitting room cabinet and small television; and Full length mink coat. Page 4 of 14 W-3. All clothing, jewelry, and other personal effects in the possession of the wife or subject to her sole control. W-4. All sums of cash in the possession of the wife or subject to her sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the wife's sole name or from which the wife has the sole right to withdraw funds or which are subject to the wife's sole control. W-5. Twenty Five percent (25%) of all sums accumulated, whether matured or unmatured, accrued or unaccrued, vested o r otherwise, together with all increases thereof, the proceeds therefrom and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, severance package, player's annuity benefits, or other benefits existing by reason of the husband's past or present employment, arising out of Lee Woodall's employment with the NFL; that portion being 25 percent and more particularly defined in a Qualified Domestic Relations Order signed by the Court on the day the Final Decree of Divorce is signed. W-6. All policies of life insurance (including cash values) insuring the wife's life. W-7. All brokerage accounts, stocks, bonds, mutual funds, and securities registered in the wife's name, together with all dividends, splits, and other rights and privileges in connection with them. W-8. The following motor vehicles together with all prepaid insurance, keys, and title documents: 2003 Toyota Sequoia. 1.4 Debts Payable by Lee Woodall Page 5 of 14 The husband, Lee Woodall, will pay, as a part of the division of the estate of the parties, and will indemnify and hold Tamra Woodall and her property harmless from any failure to so discharge, these items: H-1. Any and all debts, charges, liabilities, and other obligations incurred solely by the husband from and after December 5, 2002, unless express provision is made in the agreement to the contrary. H-2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property the husband is to receive under this agreement unless express provision is made in this agreement to the contrary. 1.5 Debts Payable by Tamra Woodall The wife, Tamra Woodall, will pay, as a part of the division of the estate of the parties, and will indemnify and hold Lee Woodall and his property harmless from any failure to so discharge, these items: W-1. Any and all debts, charges, liabilities, and other obligations incurred by the husband and the wife from and after December 5, 2002, unless express provision is made in the agreement to the contrary. W-2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property the wife is to receive under this agreement unless express provision is made in this agreement to the contrary. 1.6 Notice Each party will send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other Page 6 of 14 party. 1.7 Attorney's Fees To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the children, each party will be responsible for his or her own attorney's fees incurred as a result of legal representation in this case. 1.8 Income Taxes For calendar year 2002, each party will indemnify and hold the other party and his or her property harmless from any tax liability associated with the reporting party's individual tax return for that year unless the parties have agreed to allocate their tax liability in a manner different from that reflected on their returns. Each party will furnish such information to the other party as is requested to prepare federal income tax returns for 2002 within thirty days ofreceipt of a written request for the information, and in no event will the available information be exchanged later than March 1, 2003. As requested information becomes available after that date, it will be provided within ten days of receipt. Both parties will cooperate in the preparation of a joint income tax return for 2002 by supplying to CPA all information necessary for the preparation of the return. Both parties will provide the information to the preparer within ten days of any request for the information. Lee Woodall will pay the preparer all fees for preparation of the two returns within ten days of receipt of the bill. If a refund is made for overpayment oftaxes for any year dining the parties' marriage through December 31 of 2002, each party will be entitled to one-half of the refund, and the party receiving Page 7 of 14 the refund check is designated a constructive trustee for the benefit of the other party, to the extent of one-half of the total amount of the refund, and will pay to the other party one-half of the total amount of the refund check within five days of receipt of the refund check. Either party will endorse a refund check on presentation by the other party. All payments made to the other p arty i n accordance with the allocation provisions for payment of federal income taxes contained in this Agreement Incident to Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties' estate. 1.9 Assets Not Provided for in Agreement Any assets of the parties not divided by this agreement will be subject to future division. Article 2 Alimony 2.1 No Alimony The parties agree that no provision of this agreement shall be construed as alimonyunder the Internal Revenue Code. No provision of this agreement is intended to be interpreted as providing for taxable alimony. Both parties waive their right to seek alimony, alimonypendente lite, or spousal support from the other party. Article 3 Mediation 3.1 Mediation Any claim or controversy arising out of the Final Decree of Divorce or the Agreement Incident to Divorce that cannot be resolved by direct negotiation will be mediated. Page 8 of 14 Article 4 4.1 Release of All Claims Each party to this agreement releases the other from all claims, liabilities, debts, obligations, actions, and causes of action relating to or arising from the marriage between the parties, including any premarital or postmarital property agreements. However, neither party is relieved or discharged from any obligation contained in this agreement or under any instrument or document executed in accordance with this agreement. 4.2 Indemnification Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability, other than those described in this agreement, on which the other party is or may be liable. Each party 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 the party, that party will, at his or her sole expense, defend the other party against any such claim or demand, whether or not well founded, and will indemnify the other party and hold him or her harmless from all damages resulting from the claim or demand. Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney's fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity. The indemnifying party will reimburse the indemnified party on demand for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates. Page 9 of 14 Each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this agreement. 4.3 Litigation Each party represents and warrants that there are no known actions, suits, or proceedings pending or threatened against either party or the community estate or affecting any community properties or rights, at law or in equity or before any federal, state,, municipal, or other government agency or instrumentality, domestic or foreign, and that he or she is not aware of any facts that might result in any action, suit, or proceeding. 4.4 Execution of Other Documents Each party will, within ten days of receiving written notice from the other party, execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents and will do or cause to be done any other reasonable and necessary acts and things as may be necessary to effectuate the provisions and purposes of this agreement. If either party fails to comply with this provision, that party will pay to the other all attorney's fees, costs and other expenses reasonably and necessarily incurred as a result of that failure. 4.5 Entire Agreement This Agreement Incident to Divorce supersedes all other agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement Incident to Divorce contains the entire agreement of the parties. 4.6 Partial Invalidity Page 10 of 14 If any provision of this agreement is for any reason found to be unenforceable, all other provisions will nevertheless remain enforceable. 4.7 Waiver of Breach The waiver of any breach of any provision of this agreement will not waive any other breach of that or any other provision. 4.8 Amendment or Modification This agreement may be amended or modified only by written instrument signed by both parties. 4.9 Successors and Assigns This agreement, except as it otherwise expressly provides, will bind and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the parties. 4.10 Notice Any notice to be given under this agreement by either party to the other must be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Lee Woodall will be sufficient if made or addressed to Lee Woodall, 21 West Mulberry Hill Road, Carlisle, Pennsylvania 17013. Notice to Tamra Woodall will be sufficient if made or addressed to Tamra Woodall, 2204 Jackson Circle, Carrollton, TX 75006. 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. 4.11 Law Governing Agreement This agreement must be construed, and its performance enforced, under Pennsylvania law. Page II of 14 4.12 Attorney's Fees and Expenses for Enforcement Reasonable attorney's fees and expenses of a party incurred in successfully prosecuting or defending a suit under this agreement against the other party or the other party's estate will be recoverable by the successful party in the action. 4.13 Place of Performance All rights, duties, and obligations under this agreement are payable and enforceable in Cumberland County, Pennsylvania. 4.14 Agreement Voluntary and Clearly Understood Each party to this agreement- (a) is completely informed of the facts relating to the subject matter of this agreement and of the rights and liabilities of both parties; (b) enters into this agreement voluntarily after receiving the advice of independent counsel; (c) has given careful and mature thought to the making of this agreement; (d) has carefully read each and every provision of this agreement; and (e) completely understands the provisions ofthis agreement, concerning both the subject matter and the legal effect. EXECUTED in multiple originals on the date of the acknowledgments shown below, with originals for the parties and their attorneys. Page 12 of 14 C__ APPROVED AS TO FORM: Tams Wo dal] K???? Lorenzo Brown & Associates Attorneys At Law 1704 N. Hampton Road, Suite 208 Desoto, Texas 75115 972.224.7555 972.224.3919 facsimile Attorney for Tarnra Woodall WolfBlock Three Penn Court 325 Swede Street P.O. Box 869 Norristown Pennsylvania 19404 Cheryl L. oung State BarNo. 43610 Attorney for Lee Woodall Page 13 of 14 STATE OF PENNSYLVANIA COUNTY OFD § v eo ?? This instrument was acknowledged before me on`M 2003, by Lee Woodall. Not c, .C of Pennsylvinia STATE OF TEXAS § NOTAR=Nub PEGGY E. RU9COUNTY OF DALLAS M rristown Boro., § y Commission ExThis instrument was acknowledged before me on May 9, 2003, by Tamra Woodall. Notary Public, State Texas Page 14 of 14 ?y 7 Ci . _ (11 .n `}I t.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL No. 02-5738/ SS No. 602-98-6509 V. : ATTY. I.D. No 43610. TAMARA WOODALL DIVORCE SS No. 554-45-8583 AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 2, 2002 and served on January 28, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 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 Ila. C.S. Section 4904 relating to unworn falsification to authorities. 9/8/0-3 DATE TAMARA O )ALL NORRIS:201482. 1/ W00069-159165 C? O c? _ C. G 7 I Ut "A7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL SS No. 602-98-6509 V. No. 02-5738/ ATTY. I.D. No 43610. TAMARA WOODALL DIVORCE SS No. 554-45-8583 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 3301(D) I consent to the entry of a final decree of divorce: without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree 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. Section 4904, relating to unworn falsification to authorities. TAMA OODALL NORRIS:201482. 1/ W00069-159165 n ca 7 _ o %' ^ , t; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL SS No. 602-98-6509 No. 02-5738/ V. ATTY. I.D. No 43610. TAMARA WOODALL DIVORCE SS No. 554-45-8583 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Cheryl L. Young, Esquire, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiff in the above matter, and that to the best of her knowledge information and belief, Tamara Woodall, Defendant, above-named, is over twenty-one (21) years of age; is residing at 2204 Jackson Circle, Carrollton, Texas 75006; and is not in the military or naval service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP CHERYL L. G, ESQUIRE Counsel for I' ainti" NOTARIAL SEAL ErPE ERJBINNotary Pu blic Boro A4ontgamery County sion Expires A.p" , S, 2005 NOMS:206882.11W00069-159165 Sworn to and Subscribed before me this 13th day ?> e-:: r. ' <_: -, c ' o i -c: i ?? : [-? - rr;; , _a n is !: ' -- u?' ? v: = . , ?;?_ _,.. y _ - rr , .. fA -< IN THE COURT LEE WOODALL SS No. 602-98-6509 V. TAMARA WOODAL SS No. 554-45-8583 1. I 2. I lawyer's fees or 3. I Court and that a copy prothonotary. I understand that false a 4904, relating to unsw COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02-5738/ ATTY. I.D. No 43610. DIVORCE DECREE UNDER 4 3301(D) to the entry of a final decree of divorce without notice. and that I may lose rights concerning alimony, division of property, s if I do not claim them before a divorce; decree is granted. and that I will not be divorced until a divorce decree is entered by the the decree will be sent to me immediately after it is filed with the t the statements made in this affidavit are true and correct. I rents herein are made subject to the ties of Pa. C.S. Section falsification to authorities. NORRIS:201482. I1W 00069-15' C) - rl`- ) {" is :^ :t o ` IN THE COURT LEE WOODALL SS No. 602-98-6509 V. TAMARA WOODA SS No. 554-45-8583 COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 02-5738/ ATTY. I.D. No 43610. DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHON TARY: Transmit the r cord, together with the following information, to the court for entry of a divorce decree or app val of grounds for divorce and disposition of unresolved claims: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and n Tamara Woodall, on 3. (Complete (a) Di the Divorce Code: B; (b)(1) the Divorce Code: N (2). 4. Related ch 5. Date and in Record, a copy of wh of the Divorce Code: 6. The follow ner of service of the complaint: Service; was accepted by the Defendant, euary 28, 2003. her paragraph (a) or (b). of execution of the affidavit of consent required by Section 3301 (c) of laintiff: 9/9/03 By Defendant: 9/18/03 to of execution of the plaintiffs affidavit required by Section 3301(d) of of service of the Plaintiffs affidavit upon the Defendant: e pending: None ier of service of the notice of intention to file Praecipe to Transmit is not attached, if the decree is to be entered under Section 3301(d)(1)(I) is requested: XX Decree in div ce with property settlement agreement attached. _ Decree in div ce with no other relief granted. Bifurcated De ree in divorce with the court to retain jurisdiction over unresolved claims which shall be listed for hearing. Stipulation or order to bifurcate required. Order approvi g ground for divorce and referring matters for a hearing on unresolved claims. Decre in divorce deferred. 7. Pennsylv is vital statistics form is attached. CHERYL L .,YOUNG, SQUIRE 44A1610 610-272-5 5 7 ?--, ._., Cr.'. ?. rr,i! ?.? 7 t`., c'? i ..r . f ? -- < ,?? iY _? ? ?? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. No. Oz-5738 us TAMARA WOODALL SS# 554-45-8583 DECREE IN DIVORCE AND NOW1 n&A Z 9 OO:? IT IS ORDERED AND DECREED THAT I LEE WOODALL PLAINTIFF, AND TAMARA WOODALL DEFENDANT, ARE DIVORCED FPOM THE BONDS OF MATRIMONY._ THE COURT RTAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTE ED; E P I I Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 LEE WOODALL, Plaintiff V. Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TAMRA WOODALL, NO. 02-5738 n/k/a TAMRA BEDFORD CIVIL ACTION - LAW Defendant PETITION TO ENFORCE THE TERMS OF AN AGREEMENT INCIDENT TO DIVORCE AND NOW, comes the Petitioner, Tamra Woodall, by and through her attorneys, Johnson, Duffie, Stewart and Weidner, and files the within Petition to Enforce the Terms of an Agreement Incident to Divorce, in which the following is a statement: 1. Your Petitioner, Tamra Bedford, is the former wife of the Respondent and Plaintiff in the above captioned Divorce action, and resides at 39 Painted Rock Court, Frisco, Texas 75034. 2. The Respondent, Lee Woodall, is believed to reside at 11 Three Oak Lane, West Chester, Pennsylvania 19382-8362. 3. The parties entered an Agreement Incident to Divorce which was signed by Petitioner on May 9, 2003, and by Respondent on July 31, 2003. See Exhibit "A." 4. Said Agreement, by its terms, is enforceable as a contract. 5. Paragraph 4.13 of the Agreement provides that "Ali rights, duties, and obligations under this agreement are payable and enforceable in Cumberland County, Pennsylvania." 6. The parties were divorced by Decree on October 29, 2003. 7. Petitioner recently retained the undersigned counsel to obtain the Qualified Domestic Relations Orders needed to effect the distribution of retirement assets. 8. In correspondence dated March 16, 2007, draft Qualified Domestic Relations Orders and a request to confirm whether she continued to represent the Respondent, were transmitted to Respondent's counsel of record, Cheryl L. Young. 9. Having received no response to the correspondence, Petitioner's counsel contacted Ms. Young on April 4, 2007 to learn that she had not heard from the Respondent and did not continue to represent him. 10. Petitioner later learned that Respondent has again filed for Chapter 7 Bankruptcy docketed at 06-15814 in the Eastern District of Pennsylvania, and did not list the Petitioner as a creditor. 11. In various telephone conversations, Petitioner has informed Respondent that she is seeking to have him sign the proposed Orders to effect their agreement. 12. Paragraph 4.4 of the Agreement provides, in relevant part, that within ten (10) days of receiving written notice from the other party, the party so requested will execute such documents or do or cause to be done any other reasonable and necessary acts and things as may be necessary to effectuate the provisions of the Agreement. 13. Respondent has failed to execute the stipulations provided more than thirty (30) days ago, to his counsel of record. 14. Paragraph 4.4 further provides that failure to comply with the paragraph requiring cooperation necessary to effectuate the Agreement will result in imposition of attorney's fees, costs and other expenses reasonably necessary incurred as a result of that failure. 2 15. Likewise, Paragraph 4.12 provides for an award of reasonable attorney's fees and expenses of a party incurred in prosecuting a suit under the Agreement. 16. As the result of Respondent's failure to respond to requests, Petitioner has incurred, and will in the future incur, counsel fees to obtain the Qualified Domestic Relations Orders by reason of Respondent's failure to cooperate with the signing of documents necessary for the entry of said Orders. 17. On April 20, 2007, a copy of the instant Petition was provided via fax to Respondent's counsel of record Cheryl L. Young, Esquire, to his Bankruptcy Counsel, Fred Barakat, Esquire. 18. When contacted by telephone, neither of Respondent's counsel offered concurrence as to the relief sought when contacted by phone. 19. Pursuant to 23 Pa. C. S. § 3502(e), when a party has failed to comply with the terms of an agreement the court, after hearing, may: (1) enter judgment; (2) authorize the taking and seizure of the goods and chattels and collection and rents and profits of the real and personal, tangible and intangible property of the other party; (3) award interest on unpaid installments; (4) order and direct the transfer or sale of any property required in order to comply with the Court's order; (5) require security to insure future payments in compliance with the court's order (6) issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the person named as having failed to comply with the court order be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the person may deem the person in civil contempt of court, and in its direction, make an appropriate order, including but not limited to, commitment of the person to the county jail for a period not to exceed six months; 3 (7) award counsel fees and costs; (8) attach wages; or (9) find the party in contempt. WHEREFORE, Petitioner respectfully requests your Honorable Court issue a Rule to Show Cause upon the Respondent, returnable at a hearing, and following such hearing to: (1) enter judgment; (2) authorize the taking and seizure of the goods and chattels and collection and rents and profits of the real and personal, tangible and intangible property of the other party; (3) order and direct the transfer or sale of any property required in order to comply with the Court's order; (4) issue attachment proceedings, directed to the sheriff or other proper officer of the county, directing that the Respondent, having been alleged to fail to comply with the court order, be brought before the court, at such time as the court may direct. If the court finds, after hearing, that the Respondent is in civil contempt of court, make an appropriate order, including but not limited to, commitment of the person to the county jail for a period not to exceed six months; (5) award counsel fees and costs; (6) find the Respondent in contempt; (7) any grant Petitioner any other such relief as the court deems equitable and proper; (8) enter three (3) Qualified Domestic Relations Orders granting the 25% distributions of each plan to Petitioner, as per the parties' Agreement. Respectfully submitted, JOHNSO 9DUFFI , STEWART & WEIDNER Date: Melissa Peel Greevy :295611 4 v R?F?ca 77ON 1, Tamra E. Bedford, verify that the statements made in the foregoing Petition to Enforce the Terms of an Agreement incident to Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. ?--? Date:- U1 Tamra E. Bkffo-rd 5 CERTIFICATE OF SERVICE AND NOW, this -10!?day of ?nA , 2007, the undersigned does hereby certify that she did this date serve -'a opy of the foregoing Petition and Rule upon the other party of record and his original counsel and current counsel via fax and by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cheryl L. Young, Esquire 1 West Main Street Suite 500 Norristown, PA 19450 Fax: 610-272-6976 Fred Barakat, Esquire P. O. Box 1008 Chadds Ford, PA 19317 Fax: 610-744-J8453 /?. 00 ;t,/ 1TG JOHNSON -DUFFIE, STEWART & WEIDNER By: c- Melissa Peel Greevy IN THE COURT" OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. LEE WOODALL PLAINTIFF VERSUS TAMARA WOODALL DEFENDANT No. 02-5738 DECREE IN DIVORCE AND NOW, OCT 29 DECREED THAT LEE WOODALL AND TAMARA WOODALL ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; BY THE COURT: J. Wesley Oler, Jr. ATTEST: Curtis R. Long J. 2003 , IT IS ORDERED AND PROTHONOTARY Certified Copy Issued: FEBRUARY 21, 007 rORIGINA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW LEE WOODALL 21 West Mulberry Hill Road Carlisle, PA 17013 S.S. No: 602-98-6509 VS. TAMRA WOODALL 2204 Jackson Circle Carrollton, Texas 75006 S.S. No: 554-45-8583 § NO. 02-5738 § ATTY I.D. NO: 43610 § CUSTODY AGREEMENT INCIDENT TO DIVORCE The parties to this agreement and their attorneys are- Name of Party: Tamra Woodall Social Security Number: 554-45-8583 Driver's license number and issuing state: Pennsylvania DL# 26 997 459 Attorney of record: Lorenzo Brown State Bar number: 03151500 Attorney's address: 1704 N. Hampton Road, Suite 208, Desoto Texas 75115 Attorney's telephone number: (972) 224-7555 Attorney's telecopier number: (972) 224-3919 Name of Party: Lee Woodall Social Security Number: 602-98-6509 Driver's license number Page 1 of 14 , and issuing state: Pennsylvania DL# Attorney of record: Cheryl L. Young State Bar number: 43610 Attorney's address: Three Penn Court 325 Swede Street P.O. Box 869 Norristown, Pennsylvania 19404 Attorney's telephone number: (610) 272-5555 Attorney's telecopier number: (610) 272-6976 To the extent permitted by law, the parties stipulate that this agreement is enforceable as a contract. In consideration of the mutual undertakings and obligations contained in this agreement, the parties agree as follows: Article 1 Division of Marital Estate 1.1 Just and Right Division This agreement provides a just and right division of the marital estate, having due regard for the rights of each party and the children of the marriage. 1.2 Assets to Lee Woodall The husband, Lee Woodall, is to receive as his sole and separate property and shall own, possess, and enjoy that property, and Tamra Woodall partitions, quitclaims, assigns, and conveys to Lee Woodall the following property: H-1. The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security system access and code, garage door opener, warranties and service contracts, and title and closing documents: Page 2 of 14 One acre lot located of Wertzville Road, Mechanicsburg Pennsylvania, subject to the lien of $50,000.00, payable to Tamra Woodall, and secured by a promissory note and deed of trust, payable within 90 days of Lee Woodall signing an NFL contract with a signing bonus or lump sum payment of $100,000.00 or more; otherwise payable over 60 months at 5 percent per annum. H-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control unless otherwise awarded to Respondent herein. H-3. All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control. H-4. All sums of cash in the possession of the husband or subject to his sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the husband's sole name or from which the husband has the sole right to withdraw funds or which are subject to the husband's sole control. H-5. Seventy five percent (75%) of all sums accumulated, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, severance package, player's annuity benefits, or other benefits existing by reason of the husband's past or present employment, including but not limited to: National Football League H-6. All policies of life insurance (including cash values) insuring the husband's life. H-7. The following motor vehicles together with all prepaid insurance, keys, and title Page 3 of 14 r,nts: 2003 Mercedes 500SL Automobile and 2003 H2 Hummer. Assets to Tamra Woodall The wife, Tamra Woodall, is to receive as her sole and separate property and shall own, possess, and enjoy that property, and Lee Woodall partitions, quitclaims, assigns, and conveys to Tamra Woodall the following property: W-1. The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security system access and code, garage door opener, warranties and service contracts, and title and closing documents: 519 N. Pitt Street, Carlisle Pennsylvania W-2. The following furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment currently in storage and in the custody of Lee Woodall: Children's bedroom furniture and furnishings; Children's bathroom furnishings; Kitchen furnishings, tools, cookware and dishes; Children's playroom furniture, furnishings and toys; Formal living room furniture, furnishings and accessories; Master bedroom furniture; All bicycles; Washer and dryer; Waterford crystal vases; Dining room furniture; Master bathroom furnishings and boxes, Master sitting room cabinet and small television; and Full length mink coat. Page 4 of 14 All clothing, jewelry, and other personal effects in the possession of the wife or s subject to her sole control. All sums of cash in the possession of the wife or subject to her sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the wife's sole name or from which the wife has the sole right to withdraw funds or which are subject to the wife's sole control. W-5. Twenty Five percent (25%) of all sums accumulated, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, severance package, player's annuity benefits, or other benefits existing by reason of the husband's pastor present employment, arising out of Lee Woodall's employment with the NFL; that portion being 25 percent and more particularly defined in a Qualified Domestic Relations Order signed by the Court on the day the Final Decree of Divorce is signed. W-6. All policies of life insurance (including cash values) insuring the wife's life. W-7. All brokerage accounts, stocks, bonds, mutual funds, and securities registered in the wife's name, together with all dividends, splits, and other rights and privileges in connection with them. W-8. The following motor vehicles together with all prepaid insurance, keys, and title documents: 2003 Toyota Sequoia. 1.4 Debts Payable by Lee Woodall Page 5 of 14 The husband, Lee Woodall, will pay, as a part of the division of the estate of the parties, and will indemnify and hold Tamra Woodall and her property harmless from any failure to so discharge, these items: H-1. Any and all debts, charges, liabilities, and other obligations incurred solely by the husband from and after December 5, 2002, unless express provision is made in the agreement to the contrary. H-2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property the husband is to receive under this agreement unless express provision is made in this agreement to the contrary. 1.5 Debts Payable by Tamra Woodall The wife, Tamra Woodall, will pay, as a part of the division of the estate of the parties, and will indemnify and hold Lee Woodall and his property harmless from any failure to so discharge, these items: W-1. Any and all debts, charges, liabilities, and other obligations incurred by the husband and the wife from and after December 5, 2002, unless express provision is made in the agreement to the contrary. W-2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property the wife is to receive under this agreement unless express provision is made in this agreement to the contrary. 1.6 Notice Each party will send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other Page 6 of 14 party. 1.7 Attorney's Fees To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the children, each party will be responsible for his or her own attorney's fees incurred as a result of legal representation in this case. 1.8 Income Taxes For calendar year 2002, each party will indemnify and hold the other party and his or her property harmless from any tax liability associated with the reporting party's individual tax return for that year unless the parties have agreed to allocate their tax liability in a manner different from that reflected on their returns. Each party will furnish such information to the other party as is requested to prepare federal income tax returns for 2002 within thirty days of receipt of a written request for the information, and in no event will the available information be exchanged later than March 1, 2003. As requested information becomes available after that date, it will be provided within ten days of receipt. Both parties will cooperate in the preparation of a joint income tax return for 2002 by supplying to CPA all information necessary for the preparation of the return. Both parties will provide the information to the preparer within ten days of any request for the information. Lee Woodall will pay the preparer all fees for preparation of the two returns within ten days of receipt of the bill. If a refund is made for overpayment of taxes for any year during the parties' marriage through December 31 of 2002, each party will be entitled to one-half of the refund, and the party receiving Page 7 of 14 f the refund check is designated a constructive trustee for the benefit of the other party, to the extent of one-half of the total amount of the refund, and will pay to the other party one-half of the total amount of the refund check within five days of receipt of the refund check. Either party will endorse a refund check on presentation by the other party. All payments made to the other p arty i n accordance with the allocation provisions for payment of federal income taxes contained in this Agreement Incident to Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties' estate. 1.9 Assets Not Provided for in Agreement Any assets of the parties not divided by this agreement will be subject to future division. Article 2 Alimony 2.1 No Alimony The parties agree that no provision of this agreement shall be construed as alimony under the Internal Revenue Code. No provision of this agreement is intended to be interpreted as providing for taxable alimony. Both parties waive their right to seek alimony, alimony pendente lite, or spousal support from the other party. Article 3 Mediation 3.1 Mediation Any claim or controversy arising out of the Final Decree of Divorce or the Agreement Incident to Divorce that cannot be resolved by direct negotiation will be mediated. Page 8 of 14 4.1 Release of All Claims Article 4 Each party to this agreement releases the other from all claims, liabilities, debts, obligations, actions, and causes of action relating to or arising from the marriage between the parties, including any premarital or postmarital property agreements. However, neither party is relieved or discharged from any obligation contained in this agreement or under any instrument or document executed in accordance with this agreement. 4.2 Indemnification Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability, other than those described in this agreement, on which the other party is or may be liable. Each party 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 the party, that party will, at his or her sole expense, defend the other party against any such claim or demand, whether or not well founded, and will indemnify the other party and hold him or her harmless from all damages resulting from the claim or demand. Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney's fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity. The indemnifying party will reimburse the indemnified party on demand for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates. Page 9 of 14 Each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this agreement. 4.3 Litigation Each party represents and warrants that there are no known actions, suits, or proceedings pending or threatened against either party or the community estate or affecting any community properties or rights, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign, and that he or she is not aware of any facts that might result in any action, suit, or proceeding. 4.4 Execution of Other Documents Each party will, within ten days of receiving written notice from the other party, execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents and will do or cause to be done any other reasonable and necessary acts and things as may be necessary to effectuate the provisions and purposes of this agreement. If either party fails to comply with this provision, that party will pay to the other all attorney's fees, costs and other expenses reasonably and necessarily incurred as a result of that failure. 4.5 Entire Agreement This Agreement Incident to Divorce supersedes all other agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement Incident to Divorce contains the entire agreement of the parties. 4.6 Partial Invalidity Page 10 of 14 i' If any provision of this agreement is for any reason found to be unenforceable, all other provisions will nevertheless remain enforceable. 4.7 Waiver of Breach The waiver of any breach of any provision of this agreement will not waive any other breach of that or any other provision. 4.8 Amendment or Modification This agreement may be amended or modified only by written instrument signed by both parties. 4.9 Successors and Assigns This agreement, except as it otherwise expressly provides, will bind and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the parties. 4.10 Notice Any notice to be given under this agreement by either party to the other must be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Lee Woodall will be sufficient if made or addressed to Lee Woodall, 21 West Mulberry Hill Road, Carlisle, Pennsylvania 17013. Notice to Tamra Woodall will be sufficient if made or addressed to Tamra Woodall, 2204 Jackson Circle, Carrollton, TX 75006. 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. 4.11 Law Governing Agreement This agreement must be construed, and its performance enforced, under Pennsylvania law. Page 11 of 14 f 4.12 Attorney's Fees and Expenses for Enforcement Reasonable attorney's fees and expenses of a party incurred in successfully prosecuting or defending a suit under this agreement against the other party or the other party's estate will be recoverable by the successful party in the action. 4.13 Place of Performance All rights, duties, and obligations under this agreement are payable and enforceable in Cumberland County, Pennsylvania. 4.14 Agreement Voluntary and Clearly Understood Each party to this agreement- (a) is completely informed of the facts relating to the subject matter of this agreement and of the rights and liabilities of both parties; (b) enters into this agreement voluntarily after receiving the advice of independent counsel; (c) has given careful and mature thought to the making of this agreement; (d) has carefully read each and every provision of this agreement; and (e) completely understands the provisions ofthis agreement, concerning both the subject matter and the legal effect. EXECUTED in multiple originals on the date of the acknowledgments shown below, with originals for the parties and their attorneys. Page 12 of 14 Tamra Wo d APPROVED AS TO FORM: Lorenzo Brown & Associates Attorneys At Law 1704 N. Hampton Road, Suite 208 Desoto, Texas 75115 972.224.7555 972.224.3919 facsimile Y: State BffNo. 03151500 Attorney for Tamra Woodall WolfBlock Three Penn Court 325 Swede Street P.O. Box 869 Norristown Pennsylvania 19404 By:L???-? Cheryl L. bung State Bar No. 43610 Attorney for Lee Woodall Page 13 of 14 Y STATE OF PENNSYLVANIA COUNTY OF § This instrument was acknowledged before me on? 2003, by Lee Woodall. Not c, 6te of Pennsylvinia STATE OF TEXAS § TNOTARIAL AL PEGGY aPublic Norristownmry County COUNTY OF DALLAS § My Commipril 18, 2005 This instrument was acknowledged before me on May 9, 2003, by Tamra Woodall. Notary Public, State Texas Page 14 of 14 t"~ .. _-; ,"i . -1 _. ' ? -? l . ?.. APR 2 4 2007 A' Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 LEE WOODALL, Petitioner V. TAMRA WOODALL, n/k/a TAMRA BEDFORD, Respondent NO. 02-5738 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ?S day of April, 2007, upon consideration of the foregoing Petition to Enforce the Terms of an Agreement Incident to Divorce, a Rule is issued upon the Respondent, Lee Woodall, to show cause, if any he has why the relief prayed for therein should not be granted. Respondent, Lee Woodall, is directed to file an Answer and rule within tern- 419 -Ays after service of the Petition and this Rule. A hearing shall be conducted on . e , 2007 at ,3',0_.m. of the Cumberland County Court of Common Pleas, 1 Courthouse Square, Carlisle, Pennsylvania. BY THE COURT, - - `' J. Distribution: Counsel for Petitioner - elis P. Greevy, Esquire, P. O. ox 109, Lemoyne, PA 17043-0109 Counsel for Respondent Barakat, Esquire, P. O. Box 1008, Chadds Ford, PA 19317 L. Young, Esquire, 1 W. Main Street, Suite 500, Norristown, PA 19405 :295876 Attorneys for Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ft/ M UJO ' arc J Ll_ 0 N V LEE WOODALL, Plaintiff V. TAMRA WOODALL, ; n/k/a TAMRA BEDFORD,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5738 CIVIL TERM ORDER OF COURT AND NOW, this 16th day of May, 2007, upon consideration of Defendant's Petition To Enforce the Terms of an Agreement Incident to Divorce, a Rule is hereby issued upon Plaintiff, to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, ,,eee Woodall 21 West Mulberry Hill Road Carlisle, PA 17013 ,)eh'eryl L. Young, Esq. 1 West Main Street Suite 500 Norristown, PA 19450 VlLissa Peel Greevy, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, : CASE NO. 02-5738 Plaintiff VS. ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE MOTION FOR LEAVE TO WITHDRAW AS COUNSEL TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, your Petitioner, Wolf, Block, Schorr and Solis-Cohen LLP, by the undersigned attorney, Cheryl L. Young, files this Motion for Leave to Withdraw as Counsel, and in support thereof avers as follows: I. Petitioner is Wolf, Block, Schorr and Solis-Cohen LLP (hereinafter referred to as "Petitioner"), a professional limited liability partnership in the practice of law with offices at One West Main Street, Fifth Floor, Norristown, PA 19401. . 2. Respondent is Lee Woodall (hereinafter referred to as "Respondent"), an adult individual with a mailing address of 21 West Mulberry Hill Road, Carlisle, PA 17013. 3. Additional Respondent is Tamra Woodall, n/k/a Tamra Bedford (hereinafter referred to as "Additional Respondent"). 4. Petitioner was retained by Respondent to represent him in ongoing domestic relations matters. 5. Petitioner and Respondent have philosophical differences regarding how to proceed in the above-captioned matters. 6. Based on the foregoing, Petitioner believes and therefore avers that they can no longer adequately represent Respondent in above-captioned matters due to that conflict of interest. NOR: 314892.1 /W00069-159165 s 7. Accordingly, Petitioner seeks this Court's leave to withdraw as counsel for Respondent in any and all proceedings. 8. Petitioner believes and therefore avers that withdrawal as Respondent's counsel will not adversely affect the client's interests. WHEREFORE, Petitioner respectfully requests Your Honorable Court to enter an Order: (a) Granting Petitioner leave to withdraw from representation of Lee Woodall, Respondent, in any and all proceedings and all related matters; and (b) Any and all such other relief as this Honorable Court deems necessary and appropriate. Date. CLY/sc 5/21/07 Respectfully submitted, Cheryl L. ung, Esquire Attorne I No. 43610 Wolf, Block, Schorr and Solis-Cohen LLP One West Main Street - Fifth Floor Norristown, PA 19401 610-272-5555 NOR:314892.1/W00069-159165 -2- VERIFICATION I verify that the statements made in this Motion for Leave to Withdraw as Counsel 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. G Cheryl "oung, Esqu' e NOR:314892.1 /W00069-159165 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, : CASE NO. 02-5738 Plaintiff VS. : ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Before me, a Notary Public, in and for the Commonwealth and the County aforesaid, personally appeared Sue A. Coyne, who being duly sworn according to law, deposes and says that she is employed as a legal secretary by the firm of WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP, One West Main Street, Norristown, Montgomery County, Pennsylvania; that on May 21, 2007, she sent via first class mail, from the Norristown, Montgomery County Post Office, an envelope addressed to: Melissa Peel Greevy, Esquire, 301 Market Street, PO Box 109, Lemoyne, PA 17043- 0109 and Lee Woodall, 21 West Mulberry Hill Road, Carlisle, PA 17013, which envelopes contained a copy of Motion for Leave to Withdraw as Counsel. Sworn to and Subscribed Before me this 21 st day of May., 2007. -NOTARY PUBLIC Ju t, Sue . Coyne, Legal Secretary COMMON WEALTH OF pEWany,W CATHERINE CACCAVp Notary Pubfic M orristo Montgomery rea county ,,,z, ?; ? l N i - ca -'t"1 ? w LEE WOODALL, V. Petitioner TAMRA WOODALL, n/k/a TAMRA BEDFORD, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5738 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this day of May, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Rule to Show Cause dated May 16, 2007, upon the Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Lee Woodall 11 Three Oak Lane West Chester, PA 19381 JOHNSON, Dtt B Y Melissa Peel Greevy IDNER :298387 ¦ w LEE WOODALL, Plaintiff V. TAMRA WOODALL, n/k/a TAMRA BEDFORD,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5 38-gIVIL TERM ORDER OF COURT AND NOW, this 16" day of May, 2007, upon consideration of Defendant's Petition To Enforce the Terms of an Agreement Incident to Divorce, a Rule is hereby issued upon Plaintiff, to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of service. BY THE COURT, Lee Woodall 21 West Mulberry Hill Road Carlisle, PA 17013 Cheryl L. Young, Esq. 1 West Main Street Suite 500 NorristAn. PA 19450 lissa Peel Greevy, Esq. Ol Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant :rc ?.. ?? ?? i 7 c - ?:? ?Y., -? ; ,., -_ _ . ?'' - ?-, ?.+.7 _ - .f.. '? .. ?7 .- ?,_,.. „'--i ?? .'?? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, CASE NO. 02-5738 Plaintiff VS. ATTORNEY I.D. NO. 43610 TAMRA WOODALL, : n/kla TAMRA BEDFORD, : Defendant IN DIVORCE PLAINTIFF'S ANSWER TO PETITION TO ENFORCE THE TERMS OF AN AGREEMENT INCIDENT TO DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, your Petitioner, Lee Woodall by and through his attorneys, Wolf, Block, Schorr and Solis-Cohen LLP, files this Answer to Petition to Enforce the Terms of an Agreement Incident to Divorce, and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. NOR:315 305.11W 00069-159165 • 1 11. Admitted. 12. Denied. The Agreement is a written document which speaks for itself and any characterization thereof is strictly denied. By way of further answer, Respondent is ready, willing and able to execute any documents which effectuate the actual provisions of the Agreement. However, two of the three QDROs provided to Respondent for his signature do not correctly characterize the terms of the Agreement. Specifically, the QDRO for Bert Bell/Pete Rozelle NFL Player Retirement Plan and the NFL Player Annuity Program require Respondent to choose a joint and survivor annuity option and elect Petitioner as a surviving spouse. The parties' Agreement did not contain such a requirement. 13. Admitted. 14. Denied. The Agreement is a written document which speaks for itself and any characterization thereof is strictly denied. 15. Denied. The Agreement is a written document which speaks for itself and any characterization thereof is strictly denied. 16. Denied. Respondent is without information or knowledge sufficient to form a belief as to the truth of the averments contained in this Paragraph. Strict proof is, therefore, demanded at the time of trial. 17. Admitted. 18. Admitted as to counsel Cheryl L. Young insofar as there had been no contact with Respondent for several years as of the time of the telephone contact. 19. Denied as a conclusion of law. NOR:315305.1/W00069-159165 -2- WHEREFORE, Respondent respectfully requests this Honorable Court to dismiss Petitioner's Petition and, in the alternative, direct Petitioner's counsel to redraft two of the QDROs in order to accurately reflect the terms of the parties' Agreement. ?/- Date: CLY/sc 5/25/07 Respectfully submitted, Cheryl L. g, Esquire Attorney I. . No. 43610 Wolf, Block, Schorr and Solis-Cohen LLP One West Main Street - Fifth Floor Norristown, PA 19401 610-272-5555 NOR:315305.1/W00069-159165 -3- VERIFICATION I verify that the statements made in the foregoing pleading 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: .zs o7 71 NOR:312988.1 /POR039-157590 4 4:177 C,3 :.gym _ f'V lV .{ LEE WOODALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TAMRA WOODALL, n/k/a TAMRA BEDFORD,: Defendant NO. 02-5738 CIVIL TERM ORDER OF COURT AND NOW, this 1St day of June, 2007, upon consideration of Defendant's Petition To Enforce the Terms of an Agreement Incident to Divorce and Plaintiff's Answer, a hearing is scheduled for Thursday, August 30, 2007, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. J. Cheryl L. Young, Esq. 1 West Main Street Suite 500 Norristown, PA 19450 Attorney for Plaintiff Melissa Peel Greevy, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant 6 - 0/-07 :rc BY THE COURT, I 1:! i A i- Nn LOU /lU Y.i.l.J4i Vi;1I?.F.?V VCI 3141 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, CASE NO. 02-5738 Plaintiff VS. ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE AMENDED MOTION FOR LEAVE TO WITHDRAW AS COUNSEL TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, your Petitioner, Wolf, Block, Schorr and Solis-Cohen LLP, by the undersigned attorney, Cheryl L. Young, files this Amended Motion for Leave to Withdraw as Counsel, and in support thereof avers as follows: 1. Petitioner is Wolf, Block, Schorr and Solis-Cohen LLP (hereinafter referred to as "Petitioner"), a professional limited liability partnership in the practice of law with offices at One West Main Street, Fifth Floor, Norristown, PA 19401. 2. Respondent is Lee Woodall (hereinafter referred to as "Respondent"), an adult individual with a mailing address of 21 West Mulberry Hill Road, Carlisle, PA 17013. 3. Additional Respondent is Tamra Woodall, n/k/a Tamra Bedford (hereinafter referred to as "Additional Respondent"). 4. Petitioner was retained by Respondent to represent him in ongoing domestic relations matters. 5. Petitioner and Respondent have philosophical differences regarding how to proceed in the above-captioned matters. 6. Based on the foregoing, Petitioner believes and therefore avers that they can no longer adequately represent Respondent in above-captioned matters due to that conflict of interest. NOR:314892.1 /W00069-159165 7. Accordingly, Petitioner seeks this Court's leave to withdraw as counsel for Respondent in any and all proceedings. 8. Petitioner believes and therefore avers that withdrawal as Respondent's counsel will not adversely affect the client's interests. 9. On or about October 29, 2003, The Honorable J. Wesley Oler, Jr., executed the parties' Decree in Divorce. 10. In addition, on or about May 16, 2007, The Honorable J. Wesley Oler, Jr., issued an Order upon consideration of defendant's Petition to Enforce the Terms of an Agreement Incident to Divorce, issuing a Rule upon Plaintiff. 11. On or about May 21, 2007, Plaintiffs counsel mailed a copy of the Motion for Leave to Withdraw as Counsel to Defendant's counsel, Melissa Pell Greevy, Equire. WHEREFORE, Petitioner respectfully requests Your Honorable Court to enter an Order: (a) Granting Petitioner leave to withdraw from representation of Lee Woodall, Respondent, in any and all proceedings and all related matters; and (b) Any and all such other relief as this Honorable Court deems necessary and appropriate. R ectfully tted, Cheryl. Young, squi Attorney I.D. V. 4361 Wolf, Block, Schorr and Solis-Cohen LLP One West Main Street - Fifth Floor Norristown, PA 19401 610-272-5555 Date: June 4, 2007 c1.v/sc 6/4/07 NOR:314892.1/W00069-159165 -2- VERIFICATION I verify that the statements made in this Amended Motion for Leave to Withdraw as Counsel 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 unsw fa 1, si1 ica o o authorities. A Iwo Ad Cheryl . Youn UsqudF NOR:314892.1 /W00069-159165 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, CASE NO. 02-5738 Plaintiff VS. ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Before me, a Notary Public, in and for the Commonwealth and the County aforesaid, personally appeared Sue A. Coyne, who being duly sworn according to law, deposes and says that she is employed as a legal secretary by the firm of WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP, One West Main Street, Norristown, Montgomery County, Pennsylvania; that on June 4, 2007, she sent via first class mail, from the Norristown, Montgomery County Post Office, envelopes addressed to: Lee Woodall, 21 West Mulberry Hill Road, Carlisle, PA 17013 and Melissa Peel Greevy, Esquire, 301 Market Street, PO Box 109, Lemoyne, PA 17043-0109, which envelopes contained a copy of the Amended Motion for Leave to Withdraw as Counsel. A/ a t_<__ A. Coyne, Legal Sworn to and Subscribed Before me this 4th day of 4ne, 2007. NOTARYIPUBLIC S+vn1MVNWF.h! OF PENN:1fL/ N'' aYAL-SEAL ii AAARY D. MCGEADY, Notary Public Nor twn Soro., Montgomery County NOR:314892.1 /W 00069-159165 • _ .s-, Fn-- LEE WOODALL, Plaintiff V. TAMRA WOODALL, n/k/a TAMRA BEDFORD,: Defendant J AND NOW, this 5`h day of June, 2007, the hearing scheduled for June 28, 2007, on Defendant's Petition To Enforce the Terms of an Agreement Incident to Divorce is cancelled and the matter will be heard on Thursday, August 30, 2007, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, heryl L. Young, Esq. 1 West Main Street Suite 500 Norristown, PA 19450 Attorney for Plaintiff 'Melissa Peel Greevy, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5738 CIVIL TERM ORDER OF COURT ?? O? :rc Pill . io xbv • MAY 2 3 2007jV Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, Plaintiff VS. TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant CASE NO. 02-5738 ATTORNEY I.D. NO. 43610 IN DIVORCE RULE AND NOW, this day of Yo-re , 2007, upon consideration of the within Motion for Leave to Withdraw as Counsel, a Rule is hereby entered against Respondent, Lee Woodall, and Additional Respondent, Tamra Woodall, n/k/a Tamra Bedford, to show cause, if any they have, why the relief should not be granted. RULE RETURNABLE, the ? day of n , 2007. NOR:314892.1 /W00069-159165 RV TNF (VITTRT- cx: co CO _ - 10 CE - ?? I UJ i Ll- O CJ C14 l b h O 3 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Petitioner LEE WOODALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, V. PENNSYLVANIA TAMRA WOODALL, NO. 02-5738 n/k/a TAMRA BEDFORD CIVIL ACTION - LAW Defendant AMENDED PETITION TO ENFORCE THE TERMS OF AN AGREEMENT INCIDENT TO DIVORCE AND NOW, comes the Petitioner, Tamra Woodall, by and through her attorneys, Johnson, Duffie, Stewart and Weidner, and files the within Amended Petition to Enforce the Terms of an Agreement Incident to Divorce, in which the following is a statement: 1. Your Petitioner, Tamra Bedford, is the former wife of the Respondent and Plaintiff in the above captioned Divorce action, and resides at 39 Painted Rock Court, Frisco, Texas 75034. 2. The Respondent, Lee Woodall, is believed to reside at 11 Three Oak Lane, West Chester, Pennsylvania 19382-8362. 3. The parties entered an Agreement Incident to Divorce which was signed by Petitioner on May 9, 2003, and by Respondent on July 31, 2003. See Exhibit "A." 4. Said Agreement, by its terms, is enforceable as a contract. 5. Paragraph 4.13 of the Agreement provides that "All rights, duties, and obligations under this Agreement are payable and enforceable in Cumberland County, Pennsylvania." 6. The parties were divorced by Decree on October 29, 2003. 7. Petitioner recently retained the undersigned counsel to obtain the Qualified Domestic Relations Orders needed to effect the distribution of retirement assets. 8. Respondent is represented by Cheryl L Young in this matter. In correspondence dated March 16, 2007, draft Qualified Domestic Relations Orders were transmitted to Respondent's counsel of record, Cheryl L. Young. 9. Respondent's counsel has filed a Motion for Leave to Withdraw as Counsel and an Amended Motion for Leave to Withdraw as Counsel. 10. In various telephone conversations, Petitioner has informed Respondent that she is seeking to have him sign the proposed Orders to effect their Agreement. 11. Respondent's Answer to Petition to Enforce the Terms of an Agreement to Divorce was filed on May 29, 2007. 12. Paragraph 4.4 of the Agreement provides, in relevant part, that within ten (10) days of receiving written notice from the other party, the party so requested will execute such documents or do or cause to be done any other reasonable and necessary acts and things as may be necessary to effectuate the provisions of the Agreement. 13. Respondent has failed to execute the stipulations provided more than thirty (30) days ago, to his counsel. 14. Paragraph 4.4 further provides that failure to comply with the paragraph requiring cooperation necessary to effectuate the Agreement will result in imposition of attorney's fees, costs and other expenses reasonably necessary incurred as a result of that failure. 15. Likewise, Paragraph 4.12 provides for an award of reasonable attorney's fees and expenses of a party incurred in prosecuting a suit under the Agreement. 2 16. As the result of Respondent's failure to respond to requests, Petitioner has incurred, and will in the future, incur counsel fees to obtain the Qualified Domestic Relations Orders by reason of Respondent's failure to cooperate with the signing of documents necessary for the entry of said Orders and his failure to make bonus, severance and other payments required in the Agreement. 17. On April 20, 2007, a copy of the instant Petition was provided via facsimile to Respondent's counsel, Cheryl L. Young, Esquire. 18. Counsel are negotiating, and may reach resolution of the issue of the QDROs. 19. The Agreement reserves twenty five percent (25%) of Respondent's "accrued unpaid bonuses, and severance package" to the Petitioner. See subpart W-5 of Paragraph 1.3 on page 5 of the Agreement at Exhibit A. 20. Petitioner believes and therefore avers that the Respondent received approximately Eighty Five Thousand ($85,000) Dollars in severance. 21. Petitioner did not receive the payment due to her from Respondent's severance. 22. Respondent informed Petitioner that he used the severance monies to open a restaurant. 23. Petitioner did not receive payment from Respondent's accrued unpaid bonuses. 24. Petitioner believes and therefore avers that she is entitled to interest at the judgment rate of 6% per annum on her unpaid portion of the "severance package and accrued unpaid bonuses" which she was due under the terms of the Agreement, 41 P. S. § 201. 25. Pursuant to 23 Pa. C. S. § 3502(e), when a party has failed to comply with the terms of an agreement the Court, after hearing, may: (1) enter judgment; (2) authorize the taking and seizure of the goods and chattels and collection and rents and profits of the real and personal, tangible and intangible property of the other party; (3) award interest on unpaid installments; 3 (4) order and direct the transfer or sale of any property required in order to comply with the Court's order; (5) require security to insure future payments in compliance with the Court's order; (6) issue attachment proceedings, directed to the Sheriff or other proper officer of the county, directing that the person named as having failed to comply with the Court Order be brought before the Court, at such time as the Court may direct. If the Court finds, after hearing, that the person may deem the person in civil contempt of court, and in its direction, make an appropriate order, including but not limited to, commitment of the person to the county jail for a period not to exceed six months; (7) award counsel fees and costs; (8) attach wages; or (9) find the party in contempt. WHEREFORE, Petitioner respectfully requests your Honorable Court issue a Rule to Show Cause upon the Respondent, returnable at a hearing, and following such hearing to: (1) enter judgment; (2) authorize the taking and seizure of the goods and chattels and collection and rents and profits of the real and personal, tangible and intangible property of the other party; (3) order and direct the transfer or sale of any property required in order to comply with the Court's order; (4) issue attachment proceedings, directed to the Sheriff or other proper officer of the county, directing that the Respondent, having been alleged to fail to comply with the Court Order, be brought before the Court, at such time as the Court may direct. If the Court finds, after hearing, that the Respondent is in civil contempt of Court, make an appropriate order, including but not limited to, commitment of the person to the county jail for a period not to exceed six months; (5) award counsel fees and costs; 4 (6) find the Respondent in contempt; (7) grant Petitioner any other such relief as the Court deems equitable and proper; (8) enter three (3) Qualified Domestic Relations Orders granting the 25% distributions of each plan to Petitioner, as per the parties' Agreement; and (9) award the Petitioner 25% of Respondent's severance plus 6% interest on amounts due to her as severance and bonus income and direct that the Respondent make said payments within thirty (30) days. Respectfully submitted, JOHNSON IE, STEWART & WEIDNER Date:- -4 Melissa Peel Greevy :301105 5 a ALP] 10 i, Tamra Bedford , do early that the statements made in the foregoing Amended Petition to Enforce The Temps Of An Agreement Incident To Divorce are true and coned to the best of my kno%vWge, information and beref. I understand that false statements made herein are subject to the penalties of 18. Pa.C.S. §4904 relating to unswom falsification to authorities. .-, Tamra Bedford Datetl: L-10/0 Y- VONNA A 1 KU •_ My CO 'raw Expires 1 :301425 - • ' March 19, 2009 NI ? r0R1G1NA,-. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW " LEE WOODALL 21 West Mulberry Hill Road Carlisle, PA 17013 S.S. No: 602-98-6509 VS. TAMRA WOODALL 2204 Jackson Circle Carrollton, Texas 75006 S.S. No: 55445-8583 § NO. 02-5738 § ATTY I.D. NO: 43610 § CUSTODY AGREEMENT INCIDENT TO DIVORCE The parties to this agreement and their attorneys are- Name of Party: Tamra Woodall Social Security Number: 554-45-8583 Driver's license number and issuing state: Pennsylvania DL4 26 997 459 Attorney of record: Lorenzo Brown State Bar number: 03151500 Attorney's address: 1704 N. Hampton Road, Suite 208, Desoto Texas 75115 Attorney's telephone number: (972) 224-7555 Attorney's telecopier number: (972) 224-3919 Name of Party: Lee Woodall Social Security Number: 602-98-6509 Driver's license number Page 1 of 14 01 •f and issuing state: Pennsylvania DL# Attorney of record: Cheryl L. Young State Bar number: 43610 Attorney's address: Three Penn Court 325 Swede Street P.O. Box 869 Norristown, Pennsylvania 19404 Attorney's telephone number: (610) 272-5555 , Attorney's telecopier number: (610) 272-6976 To the extent permitted by law, the parties stipulate that this agreement is enforceable as a contract. In consideration of the mutual undertakings and obligations contained in this agreement, the parties agree as follows: Article 1 1.1 Just and Right Division Division of Marital Estate This agreement provides a just and right division of the marital estate, having due regard for the rights of each party and the children of the marriage. 1.2 Assets to Lee Woodall The husband, Lee Woodall, is to receive as his sole and separate property and shall own, possess, and enjoy that property, and Tamra Woodall partitions, quitclaims, assigns, and conveys to Lee Woodall the following property: H-1. The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security system access and code, garage door opener, warranties and service contracts, and title and closing documents: Page 2 of 14 pne acre lot located of Wertzville Road, Mechanicsburg Pennsylvania, subject to the lien of $50,000.00, payable to Tamra Woodall, and secured by a promissory note and deed of trust, payable within 90 days of Lee Woodall signing an NFL contract with a signing bonus or lump sum payment of $100,000.00 or more; otherwise payable over 60 months at 5 percent per annum. H-2. All household furniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment in the possession of the husband or subject to his sole control unless otherwise awarded to Respondent herein. H-3. All clothing, jewelry, and other personal effects in the possession of the husband or subject to his sole control. H-4. All sums of cash in the possession of the husband or subject to his sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the husband's sole name or from which the husband has the sole right to withdraw funds or which are subject to the husband's sole control. H-5. Seventy five percent (75%) of all sums accumulated, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, severance package, player's annuity benefits, or other benefits existing by reason of the husband's past or present employment, including but not limited to: National Football League H-6. All policies of life insurance (including cash values) insuring the husband's life. H-7. The following motor vehicles together with all prepaid insurance, keys, and title Page 3 of 14 nents: 2003 Mercedes 500SL Automobile and 2003 H2 Hummer. Assets to Tamra Woodall The wife, Tamra Woodall, is to receive as her sole and separate properly and shall own, possess, and enjoy that property, and Lee Woodall partitions, quitclaims, assigns, and conveys to Tamra Woodall the following property: W-1. The following real property, including but not limited to any escrow funds, prepaid insurance, utility deposits, keys, house plans, home security system access and code, garage door opener, warranties and service contracts, and title and closing documents: 519 N. Pitt Street, Carlisle Pennsylvania W-2. The following finniture, furnishings, fixtures, goods, art objects, collectibles, appliances, and equipment currently in storage and in the custody of Lee Woodall: Children's bedroom furniture and furnishings; Children's bathroom furnishings; Kitchen furnishings, tools, cookware and dishes; Children's playroom furniture, furnishings and toys; Formal living room RuT iture, furnishings and accessories; Master bedroom furniture; All bicycles; Washer and dryer; Waterford crystal vases; Dining room furniture; Master bathroom furnishings and boxes, Master sitting room cabinet and small television; and Full length mink coat. Page 4 of 14 W-3. All clothing, jewelry, and other personal effects in the possession of the wife or ;ect to her sole control. W-4. All sums of cash in the possession of the wife or subject to her sole control, including funds on deposit, together with accrued but unpaid interest, in banks, savings institutions, or other financial institutions, which accounts stand in the wife's sole name or from which the wife has the sole right to withdraw funds or which are subject to the wife's sole control. W-5. Twenty ]hive percent (25%) of all sums accumulated, whether matured or unmatured, accrued or unaccrued, vested or otherwise, together with all increases thereof, the proceeds therefrom and any other rights related to any profit-sharing plan, retirement plan, Keogh plan, pension plan, employee stock option plan, 401(k) plan, employee savings plan, accrued unpaid bonuses, severance package, player's annuity benefits, or other benefits existing by reason of the husband's pastor present employment, arising out of Lee Woodall's employment with the NFL; that portion being 25 percent and more particularly defined in a Qualified Domestic Relations Order signed by the Court on the day the Final Decree of Divorce is signed. W-6. All policies of life insurance (including cash values) insuring the wife's life. W-7. All brokerage accounts, stocks, bonds, mutual funds, and securities registered in the wife's name, together with all dividends, splits, and other rights and privileges in connection with them. W-8. The following motor vehicles together with all prepaid insurance, keys, and title documents: 2003 Toyota Sequoia. 1.4 Debts Payable by Lee Woodall Page 5 of 14 The husband, Lee Woodall, will pay, as a part of the division of the estate of the parties, and will indemnify and hold Tamra Woodall and her property harmless from any failure to so discharge, these items: H-l. Any and all debts, charges, liabilities, and other obligations incurred solely by the husband from and after December 5, 2002, unless express provision is made in the agreement to the contrary. H-2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property the husband is to receive under this agreement unless express provision is made in this agreement to the contrary. 1.5 Debts Payable by Tamra Woodall The wife, Tamra Woodall, will pay, as a part of the division of the estate of the parties, and will indemnify and hold Lee Woodall and his property harmless from any failure to so discharge, these items: W-1. Any and all debts, charges, liabilities, and other obligations incurred by the husband and the wife from and after December 5, 2002, unless express provision is made in the agreement to the contrary. W-2. All encumbrances, ad valorem taxes, liens, assessments, or other charges due or to become due on the real and personal property the wife is to receive under this agreement unless express provision is made in this agreement to the contrary. 1.6 Notice Each party will send to the other party, within three days of its receipt, a copy of any correspondence from a creditor or taxing authority concerning any potential liability of the other Page 6 of 14 / PAY 1.7 Attorney's Fees To effect an equitable division of the estate of the parties and as a part of the division, and for services rendered in connection with conservatorship and support of the children, each party will be responsible for his or her own attorney's fees incurred as a result of legal representation in this case. 1.8 Income Taxes For calendar year 2002, each party will indemnify and hold the other party and his or her property harmless from any tax liability associated with the reporting party's individual tax return for that year unless the parties have agreed to allocate their tax liability in a manner different from that reflected on their returns. Each party will furnish such information to the other party as is requested to prepare federal income tax returns for 2002 within thirty days of receipt of a written request for the information, and in no event will the available information be exchanged later than March 1, 2003. As requested information becomes available after that date, it will be provided within ten days of receipt. Both parties will cooperate in the preparation of a joint income tax return for 2002 by supplying to CPA all information necessary for the preparation of the return. Both parties will provide the information to the preparer within ten days of any request for the information. Lee Woodall will pay the preparer all fees for preparation of the two returns within ten days of receipt of the bill. If a refund is made for overpayment of taxes for any year during the parties' marriage through December 31 of 2002, each party will be entitled to one-half of the refund, and the party receiving Page 7 of 14 the refund check is designated a constructive trustee for the benefit of the other party, to the extent of one-half of the total amount of the refund, and will pay to the other party one-half of the total amount of the refund check within five days of receipt of the refund check. Either party will endorse a refund check on presentation by the other party. All payments made to the other p arty i n accordance with the allocation provisions for payment of federal income taxes contained in this Agreement Incident to Divorce are not deemed income to the party receiving those payments but are part of the property division and necessary for a just and right division of the parties' estate. 1.9 Assets Not Provided for in Agreement Any assets of the parties not divided by this agreement will be subject to future division. Article 2 Alimony 2.1 No Alimony The parties agree that no provision of this agreement shall be construed as alimony under the Internal Revenue Code. No provision of this agreement is intended to be interpreted as providing for taxable alimony. Both parties waive their right to seek alimony, alimony pendente lite, or spousal support from the other party. Article 3 Mediation 3.1 Mediation Any claim or controversy arising out of the Final Decree of Divorce or the Agreement incident to Divorce that cannot be resolved by direct negotiation will be mediated. Page 8 of 14 Article 4 4.1 Release of All Claims Each party to this agreement releases the other from all claims, liabilities, debts, obligations, actions, and causes of action relating to or arising from the marriage between the parties, including any premarital or postmarital property agreements. However, neither party is relieved or discharged from any obligation contained in this agreement or under any instrument or document executed in accordance with this agreement. 4.2 Indemnification Each party represents and warrants that he or she has not incurred any outstanding debt, obligation, or other liability, other than those described in this agreement, on which the other party is or may be liable. Each party 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 the party, that party will, at his or her sole expense, defend the other party against any such claim or demand, whether or not well founded, and will indemnify the other party and hold him or her harmless from all damages resulting from the claim or demand. Damages, as used in this provision, includes any reasonable loss, cost, expense, penalty, and other damage, including without limitation attorney's fees and other costs and expenses reasonably and necessarily incurred in enforcing this indemnity. The indemnifying party will reimburse the indemnified party on demand for any payment made by the indemnified party at any time after the entry of the divorce decree to satisfy any judgment of any court of competent jurisdiction or in accordance with a bona fide compromise or settlement of claims, demands, or actions for any damages to which this indemnity relates. Page 9 of 14 Each party will give the other party prompt written notice of any litigation threatened or instituted against either party that might constitute the basis of a claim for indemnity under this agreement. 4.3 Litigation Each party represents and warrants that there are no known actions, suits, or proceedings pending or threatened against either party or the community estate or affecting any community properties or rights, at law or in equity or before any federal, state, municipal, or other government agency or instrumentality, domestic or foreign, and that he or she is not aware of any facts that might result in any action, suit, or proceeding. 4.4 Execution of Other Documents Each party will, within ten days of receiving written notice from the other party, execute and deliver to the other party any deeds, bills of sale, assignments, consents to change of beneficiaries of insurance policies, tax returns, and other documents and will do or cause to be done any other reasonable and necessary acts and things as may be necessary to effectuate the provisions and purposes of this agreement. If either party fails to comply with this provision, that party will pay to the other all attorney's fees, costs and other expenses reasonably and necessarily incurred as a result of that failure. 4.5 Entire Agreement This Agreement Incident to Divorce supersedes all other agreements, either oral or in writing, between the parties relating to the rights and liabilities arising out of their marriage. This Agreement Incident to Divorce contains the entire agreement of the parties. 4.6 Partial Invalidity Page 10 of 14 If any provision of this agreement is for any reason found to be unenforceable, all other provisions will nevertheless remain enforceable. 4.7 Waiver of Breach The waiver of any breach of any provision of this agreement will not waive any other breach of that or any other provision. 4.8 Amendment or Modification This agreement may be amended or modified only by written instrument signed by both parties. 4.9 Successors and Assigns This agreement, except as it otherwise expressly provides, will bind and inure to the benefit of the respective legatees, devisees, heirs, executors, administrators, assigns, and successors in interest of the parties. 4.10 Notice Any notice to be given under this agreement by either party to the other must be in writing and may be effected by registered or certified mail, return receipt requested. Notice to Lee Woodall will be sufficient if made or addressed to Lee Woodall, 21 West Mulberry Hill Road, Carlisle, Pennsylvania 17013. Notice to Tamra Woodall will be sufficient if made or addressed to Tamra Woodall, 2204 Jackson Circle, Carrollton, TX 75006. 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. 4.11 Law Governing Agreement This agreement must be construed, and its performance enforced, under Pennsylvania law. Page 11 of 14 4.12 Attorney's Fees and Expenses far Enforcement Reasonable attorney's fees and expenses of a party incurred in successfully prosecuting or defending a suit under this agreement against the other party or the other partys estate will be recoverable by the successful party in the action. 4.13 Place of Performance All rights, duties, and obligations under this agreement are payable and enforceable in Cumberland County, Pennsylvania. 4.14 Agreement Voluntary and Clearly Understood Each party to this agreement- (a) is completely informed of the facts relating to the subject matter of this agreement and of the rights and liabilities of both parties; (b) enters into this agreement voluntarily after receiving the advice o f independent counsel; (c) has given careful and mature thought to the making of this agreement; (d) has carefully read each and every provision of this agreement; and (e) completely understands the provisions ofthis agreement, concerning both the subject matter and the legal effect. EXECUTED in multiple originals on the date of the acknowledgments shown below, with originals for the parties and their attorneys. Page 12 of 14 Tamra Wo d APPROVED AS TO FORM: Lorenzo Brown & Associates Attorneys At Law 1704 N. Hampton Road, Suite 208 Desoto, Texas 75115 972.224.7555 972.224.3919 facsimile State BafNo. 03151500 Attomey for Tamra Woodall WoltBlock Three Penn Court 325 Swede Street P.Q. Box 869 Norristown Pennsylvania' 19404 Cheryl L. Young State Bar No. 43610 Attomey for Lee Woodall Page 13 of 14 STATE OF PENNSYLVANIA COUNTY OF § S ? tv` This instrument was acknowledged before me on`mi*LL 2003, by Lee Woodall. No c, fate of Pennsylvinia STATE OF TEXAS § NOTARIAL SEAL ENomistDwn GGY E, AIJBiN-Notary Public Rom Montgomery county COUNTY OF DALLAS § mmissEx Tres April 18, 2005 This instrument was acknowledged before me on May 9, 2003, by Tamra Woodall. - 4-YL" Notary Public, State Texas Page 14 of 14 LEE WOODALL, V. Plaintiff TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5738 CIVIL TERM : CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this A) n day of June, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Amended Petition to Enforce the Terms of an Agreement Incident to Divorce, upon the counsel for the Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cheryl L. Young, Esquire Wolf, Block, Schorr and Solis-Cohen LLP 1 W. Main Street Suite 500 Norristown, PA 19405 301105 JOHNSON, DUFFIE, STEWART & WEIDNER c (' PS By: /AA444t Magi Ruff CPS Legal Assistant to Melissa Peel Greevy 8 C F .......3 _1 ?y ^-r a a ?;' ? ?-' . r J ? C . ? T . ?? f ?7 W Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. BOX 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant LEE WOODALL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5738 V. TAM RA WOODALL, n/k/a TAMRA BEDFORD CIVIL ACTION - LAW Defendant DEFENDANT'S ANSWER TO PETITIONER'S AMENDED MOTION FOR LEAVE TO WITHDRAW AS COUNSEL To the Honorable Judges of Said Court: AND NOW, your Defendant, Tamra Bedford, by and through her counsel, Johnson, Duffie, Stewart and Weidner, files this Answer to the Motion of Wolf, Block, Schorr and Solis- Cohen LLP for the withdrawal of Cheryl L. Young as counsel for the Plaintiff. 1. Admitted. 2. Admitted as to the identity of the Respondent. Denied as to the address of the Defendant. By way of further answer, it is believed and therefore averred that the Respondent Lee Woodall's last known address is 11 Three Oak Lane, West Chester, Pennsylvania 19382- 8362. 3. Admitted. 4. Admitted. 5. Respondent Bedford is without sufficient information to respond, as the allegation references privileged information. 1 6. Respondent Bedford is without sufficient information to respond, as the allegation references privileged information. 7. The allegation speaks for itself. 8. Denied. 9. Admitted. 10. Admitted. 11. Admitted as to the mailing of the Motion. By way of further answer, the correct spelling of Defendant's counsel's name is Melissa Peel Greevy, Esquire. 12. The undersigned counsel is authorized to inform the Court that Defendant Bedford does not object to the withdrawal of Plaintiffs counsel, Cheryl L. Young, provided however that the Court's granting of said Motion shall not result in further delay in this matter and that the Plaintiff not be granted a continuance of the hearing presently scheduled for August 30, 2007 at 1:30 p.m. Defendant Bedford further conditions her lack of objection to the within Motion upon the preservation of her rights to be awarded interest on the payments due to her pursuant to the Agreement Incident to Divorce as set forth in the underlying Petition and subsequent Amended Petition to Enforce the Terms of the Agreement Incident to Divorce. WHEREFORE, Defendant Bedford, by entry of her counsel, requests this honorable Court to enter an Order in the form as attached, or as this honorable Court deems necessary while protecting the economic interests of Defendant Bedford and prohibiting further delay by the Petitioner. Respectfully submitted, Date: ?^ ???C/ 26i Xd :301784 JOHNSON, JDUISTEWART & WEIDNER By: Melissa Peel Greevy 2 VERIFICATION I, Melissa Peel Greevy, attorney for Tamra Woodall, n/k/a/ Tamra Bedford, hereby certify that the matters asserted herein constitute matters of record, legal arguments and matters within the direct knowledge of counsel. The statements contained herein are true and correct to the best of the knowledge of the undersigned. This verification is made pursuant to the provisions of 18 Pa.C.S.A. §4904. a F5eel Greevy Date: 3 LEE WOODALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Petitioner PENNSYLVANIA V. TAMRA WOODALL, n/k/a TAMRA BEDFORD, NO. 02-5738 CIVIL TERM CIVIL ACTION - LAW Respondent CERTIFICATE OF SERVICE AND NOW, this aS day of June, 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Defendant's Answer to Petitioner's Amended Motion for Leave to Withdraw as Counsel dated June 5, 2007, upon the counsel for the Plaintiff and the Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cheryl L. Young, Esquire Wolf, Block, Schorr and Solis-Cohen LLP 1 W. Main Street Suite 500 Norristown, PA 19405 Lee Woodall 11 Three Oak Lane West Chester, PA 19382-8362 Lee Woodall 21 West Mulberry Hill Road Carlisle, PA 17013 JOHNSON, DUFFIE, STEWART & WEIDNER By: )) -mqti 4 0 /'S Maggi uff CPS Legal Assistant to Melissa Peel Greevy :301784 tV r?? tl .?J 4t) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, : CASE NO. 02-5738 Plaintiff VS. : ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF MONTGOMERY Before me, a Notary Public, in and for the Commonwealth and the County aforesaid, personally appeared Sue A. Coyne, who being duly sworn according to law, deposes and says that she is employed as a legal secretary by the firm of WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP, One West Main Street, Norristown, Montgomery County, Pennsylvania; that on June 18, 2007, she sent via first class mail, from the Norristown, Montgomery County Post Office, an envelope addressed to: Melissa Peel Greevy, Esquire, 301 Market Street, PO Box 109, Lemoyne, PA 17043- 0109 and Lee Woodall, 21 West Mulberry Hill Road, Carlisle, PA 17013, which envelopes contained the Rule Returnable with respect to the Motion for Leave to Withdraw as Counsel, which Rule Returnable date is June 28, 2007. gue A. Coyne, Le Secretary Sworn to and Subscribed Before me this 25th day of June, 2007. &46u? P I /') NOTARY PUBLIC CQM?U" OF PEMSYLMN1A NOTARIAL SEAL CATHERINE P. CACCAVO NOIWy pubk Nortlwn Boro., Mon June 21, 2011 d JUN 8 7 2007 -?'l LEE WOODALL, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff/Respondent PENNSYLVANIA V. NO. 02-5738 TAMRA WOODALL, CIVIL ACTION - LAW n/k/a TAMRA BEDFORD Defendant/Petitioner ORDER AND NOW, this `"' day of2007, upon consideration of the Amended Petition to Enforce the Agreement Incident to Divorce, a Rule is issued upon the Respondent to show cause, if any he has, why the Relief should not be granted. The Rule is returnable within d0 days of service upon the Respondent . A hearing shall be held on August 30, 2007, in Courtroom No. 1 of the Cumberland County Court of Common Pleas at 1:30 p.m. Dist. I L. Young, Esquire, 1 West Main Street, Ste 500, Norristown, PA 19405 (for the Respondent) elissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043 (for the Petitioner) 1` A :301105 6V? C%j t ?1 C ? rn ? ( -s LJ ' v?+ Cl? {.?? - ` • S. iJ CL - . N i I Lee Woodall, V. Plaintiff Tamara Woodall N/K/A Tamra Bedford, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5738 CIVIL ACTION - LAW MOTION FOR RULE ABSOLUTE AND NOW, this ?2 day of? , 2007, comes Defendant, Tamra Bedford, by and through her undersigned a neys, Johnson, Duffie, Stewart & Weidner, and moves for a Rule Absolute in support of which she avers as follows: 1. Plaintiff is represented by Cheryl L. Young, Esquire. 2 Defendant is represented by the undersigned. 3. Defendant filed an Amended Petition to Enforce the Terms of an Agreement Incident to Divorce on June 26, 2007. 4. A copy of the amended Petition was provided to Plaintiff in correspondence dated June 22, 2007. 5. On June 29, 2007, the Court issued a Rule to Show Cause returnable within twenty (20) days of service upon the Respondent, Lee Woodall. 6. In correspondence dated July 2, 2007, the June 29, 2007 Order of Judge Oler was served upon Mr. Woodall's counsel, with the Amended Petition, which included a claim for a portion of Plaintiff's severance/bonus payments. 7. A hearing in this matter is pending before Judge Oler on August 30, 2007, in Courtroom No. 1 at 1:30 p.m. 8. The undersigned contacted Laura at the Prothonotary's office on July 27, 2007, and was informed that no answer had been filed to the Rule issued on the amended Petition. 9. As of the filing the instant Motion to make Rule Absolute, the Plaintiff/Respondent has wholly failed to show cause why the relief requested in the amended Petition as to his severance and bonus payments should not be granted. 10. In the absence of a response from the Plaintiff/Respondent, Defendant is entitled to the relief prayed for in her Petition as to the severance/bonus payments. 11. Defendant has incurred counsel fees due to Plaintiff's/Respondent's conduct in this matter. WHEREFORE, Defendant moves for a Rule Absolute in the entry of an Order as to her claim for twenty-five (25%) percent of Plaintiffs accrued, unclaimed bonuses and severance package, as pled in Paragraphs 19 through 25 of the amended Petition; and WHEREFORE, Defendant moves for the entry of an Order, A. Finding the Plaintiff/Respondent in contempt. B. Awarding the Defendant first petitioner reasonable counsel fees in the amount of $750.00, to be paid within fifteen (15) days of the Order. C. Fine the Plaintiff/Respondent in the amount of $500.00, or any amount that is determined by the Court due to his willful disregard of obligations pursuant to the Agreement Incident to Divorce. D. Enter judgment in favor of the Defend ant/Petitioner in the amount of twenty-five (25%) of the severance and bonus income received by the Respondent, plus interest calculated at 6% simple interest from the date of receipt of said bonus on the unpaid balance. E. Order the Plaintiff/Respondent to make payment in full to Defendant within thirty (30) days. F. Authorize the taking of and seizure in goods of chattels and collections of rents and profits of the real and personal, tangible and intangible property of the Plaintiff/Respondent. G. Or any such relief as your Honorable Court deems appropriate and necessary under the circumstances. JZN FFIE, STEWART & WEIDNER Bv- Peel Greevy MPG:mer:305272 n N r Q l i ?Jyy rT A( ...? f..l 15 - Lee Woodall, Plaintiff V. Tamara Woodall N/K/A Tamra Bedford, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5738 CIVIL ACTION - LAW CERTIFICATE OF SERVICE AND NOW, this day of 2007, the undersigned does hereby certify that she did this date serve ?opy of the foregoing Motion for Rule Absolute upon the Plaintiff's counsel by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Cheryl L. Young, Esquire Wolf Block 1 W. Main Street, Ste 500 Norristown, PA 19405 JOHNSON, DUFFIE, STEWART & WEIDNER elissa Peel Greevy, Esquire C'J a I ' tti ?P •j LEE WOODALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW TAMRA WOODALL, n/k/a TAMRA BEDFORD,: Defendant NO. 02-5738 CIVIL TERM ORDER OF COURT AND NOW, this 3`a day of August, 2007, upon consideration of Defendant's Motion To Make Rule Absolute, the Motion and underlying issue will be heard at the previously scheduled hearing on Thursday, August 30, 2007, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, eryl L. Young, Esq. 1 West Main Street Suite 500 Norristown, PA 19450 J AUo y for Plaintiff elissa Peel Greevy, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Attorney for Defendant re J g s = ! I wv 9 - gnv Looz M(Vl(),N0Hivdd 3HI 30 30I-?0--4311J l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, Plaintiff VS. CASE NO. 02-5738 ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE MOTION TO MAKE RULE ABSOLUTE TO THE HONORABLE, THE JUDGES OF SAID COURT: Your Movant, Wolf Block Schorr and Solis-Cohen LLP and Cheryl L. Young, Esquire, hereby file this Motion to Make Rule Absolute and in support thereof aver the following: 1. Movant filed an Amended Motion for Leave to Withdraw as Counsel on June 5, 2007, a Rule was entered on June 8, 2007 with a Returnable date of June 28, 2007. 2. The Rule Returnable date of June 28, 2007 was served upon Respondent's counsel, Melissa Peel Greevy, Esquire, on June 18, 2007. A true and correct copy of the Affidavit of Service by Mail filed June 27, 2007 is attached hereto and marked as Exhibit "A". 3. The Rule was returnable on June 28, 2007 and no responsive pleading was filed. NOR:320478.1 WHEREFORE, Movant, Wolf Block Schorr and Solis-Cohen LLP and Cheryl L. Young, Esquire, move this Honorable Court to enter an Order making the Rule Absolute and grant your Petitioners Leave to Withdraw as Counsel for Plaintiff, Lee Woodall. Respectfully submitted, WOLF, BLOCK, SCHORR and SOLIS-COHEN LLP CHERY OUNG, ESQU Counsel for Movant NOR:320478.1 VERIFICATION I verify that the statements made in this Motion to Make Rule Absolute 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. CHER . YOUNG, ESQU NOR:320478.1 A " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, : CASE NO. 02-5738 Plaintiff VS. : ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE CERTIFICATION OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Cumberland County Local Rules. Service by facsimile and first class mail addressed as follows: Melissa Peel Greevy, Esquire Johnson, Duffie, Stewart & Weidner 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Counsel for Respondent/Defendant Respectfully submitted, CHERYL DUNG, SQU WOLF, BLOCK, SCHORR & LIS-COHEN LLP Attorney I.D. No. 43610 One West Main Street; 5th Floor P.O. Box 869 Norristown, PA 19404 610-272-5555 NOR:320478.1 Try ? "? f ,? ? T7 ` C;o ? `: t1 y C co %. ? v AUG 10 2001f? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, CASE NO. 02-5738 Plaintiff VS. ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE ORDER MAKING RULE ABSOLUTE AND NOW, this ? day of , 2007, upon Motion of WOLF BLOCK LLP, the Rule entered on June 8, 2007, Returnable on June 28, 2007, is hereby made absolute and Counsel's Motion for Leave to Withdraw is GRANTED. a Aq ?(,f Aq 17eV3-01o 9 NOR320478. ? A 7or3 j/ 07 O;?o / / BY THE COURT: k,,,,l C?` fw eNO i f r I t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, CASE NO. 02-5738 Plaintiff VS. : ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Lee Woodall, pursuant to the Order entered on August 13, 2007, by this Honorable Court, a copy of which is attached hereto as Exhibit "A" Respectfully submitted, Cheryl L. )?6u g, Esquire Attorney I.D. No. 43610 Wolf, Block, Schorr and Solis-Cohen LLP One West Main Street - Fifth Floor Norristown, PA 19401 610-272-5555 Date: August 21, 2007 NOR:314892.1 /W00069-159165 EXHIBIT "A" NOR:314892.1 /WO0069-159165 AUG 10 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, CASE NO. 02-5738 Plaintiff VS. ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE ORDER AND NOW, this kAday of ? '2007, upon Motion of WOLF BLOCK LLP, the Rule entered on June\ , 2807, Returnable on June 28, 2007, is hereby made absolute and Counsel's Motion for Leave to Withdraw is GRANTED. NW320478.1 BY THE COURT: -71 U. - r=te . r? l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LEE WOODALL, : CASE NO. 02-5738 Plaintiff VS. : ATTORNEY I.D. NO. 43610 TAMRA WOODALL, n/k/a TAMRA BEDFORD, Defendant IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on August 21, 2007, I served a copy of the Order of Court dated August 13, 2007, granting the motion of Cheryl L. Young, Esquire, and the Law Firm of Wolf, Block, Schorr and Solis-Cohen LLP to withdraw from the above-captioned matter which service satisfies the requirements of Pa.R.A.P. 121: Via First Class Mail Melissa Peel Greevy, Esquire 301 Market Street PO Box 109 Lemoyne, PA 17043-0109 Via First Class Mail Lee Woodall 620 North East Street Carlisle, PA 17013-2011 Respectfully submitted, Cheryl L. 1&wfig, Esquire Attorney I.D. No. 43610 Wolf, Block, Schorr and Solis-Cohen LLP One West Main Street - Fifth Floor Norristown, PA 19401 610-272-5555 Date: August 21, 2007 NOR:314892.1 /W 00069-159165 C? e--D a;? .u t LEE WOODALL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW TAMARA WOODALL, Defendant 02-5738 CIVIL TERM IN RE: PETITION TO ENFORCE AGREEMENT ORDER OF COURT AND NOW, this 30th day of August, 2007, upon consideration of Defendant's Petition To Enforce the Terms of an Agreement Incident to Divorce, and the Amended Petition To Enforce the Terms of an Agreement Incident to Divorce, and following a hearing, at which the Defendant appeared and was represented by her counsel, Melissa Peel Greevy, Esquire, and Plaintiff appeared and represented himself, the record is declared closed, and the matter is taken under advisement. The parties are requested to submit proposed orders on or before the close of business on Tuesday, September 4, 2007, to the Court's chambers for the Court's signature disposing of Defendant's petition. By the Court, C'' ?,. ,_? ;?? e,,? ;??? ?? ^J? ' ?. `'` ? I 1 ( i???) . ''- °t'? ? t ti r!l `. ? `?'' ..?. Lee Woodall, Pro se 221 Walnut Street Carlisle, PA, 17013 Melissa Peel Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 For Defendant q o ? 0 7 :mae Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Lee Woodall, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 02-5738 Tamara Woodall CIVIL ACTION - LAW N/K/A Tamra Bedford, Defendant QUALIFIED DOMESTIC RELATIONS ORDER The Court now finds and orders that: 1. The Court has personal jurisdiction over both parties to this action and jurisdiction over the subject matter in this divorce action. 2. The parties were married in the state of Nevada on January 30, 1997. The parties were divorced as of October 29, 2003. 3. Lee Woodall (the "Player") was employed by a club in the National Football League. This order divides benefits and rights between the Player and Tamra Bedford (the "Alternate Payee") with respect to the Bert Bell/Pete Rozelle NFL Player Retirement Plan ("Retirement Plan"), in which the Player has an interest. 4. The Player's date of birth is October 31, 1969; Social Security number is 602-98-6509, and last known mailing address is 221 Walnut Street, Carlisle Pennsylvania 17013. 5. The Alternate Payee's date of birth is December 25, 1971; Social Security number is 554-45-8563, and last known mailing address is 39 Painted Rock Court, Frisco, Texas 75034. 12-{rw'?#1 6. Both the Player and the Alternate Payee will provide notice of any change of address to the Plan's Administrative Offices, by sending such notice to: Bert Bell/Pete Rozelle NFL Player Retirement Plan, 200 St. Paul Place, Suite 2420, Baltimore, Maryland 21202-2040. 7. The Alternate Payee is hereby awarded twenty five (25%) percent of the Player's accrued benefit under the Retirement Plan, based on the Player's Credited Seasons earned as of the date of this order and the term of the Plan in effect as of the date of this order. The Alternate Payee will be treated as a participant in the Retirement Plan with respect to this percentage of the Player's accrued benefit, and may elect the form in which benefits will be paid and the time they will commence according to the following rules. The Alternate Payee may elect the life only pension, life and contingent annuitant pension, life and 10-year certain pension, or life only pension with social security adjustment benefit option described in the Retirement Plan. If the Alternate Payee elects a life and 10-year certain pension benefit, she may designate her spouse, parent, child, brother, sister or dependent as her beneficiary. However, if the Alternate Payee elects the life and contingent annuitant pension option, she may only designate a child or dependent of the Player as her beneficiary. If the Alternate Payee dies prior to the commencement of benefits, no benefits will be payable with respect to the Alternate Payee's portion of the Player's accrued benefit. If the Alternate Payee is alive upon the Player's death, the Alternate Payee will be treated as the Player's surviving spouse for purposes of awarding twenty five (25%) percent of the death benefits with respect to the Player's remaining benefit under the Retirement Plan. This treatment will remain in effect in the event the Player is married to another person at the time of his death. The Alternate Payee may elect that retirement benefits under the Retirement Plan begin as of the first day of any month following the date the Player attains age 55. If the Player earned a Credited Season under the Plan prior to the 1993 Plan Year, the Alternate Payee may elect that retirement benefits begin the first day of any month following the date the Player attains age 45. The Alternate Payee must notify the Plan's Administrative Offices of the distribution option she elects at least 30 days before the Alternate Payee wants her retirement benefits under the Retirement Plan to begin. f 8. The Alternate Payee is hereby awarded twenty five (25%) percent of any disability benefits otherwise payable to the Player on or after the date of this order under the Retirement Plan. The Alternate Payee may only receive disability benefits when and if the Player becomes eligible to receive such disability benefits under the Retirement Plan. In the event that the Player becomes ineligible to receive disability benefits, the Alternate Payee's right to receive such benefits will cease. If the Alternate Payee predeceases the Player, the Alternate Payee's disability benefits will revert to the Player during the lifetime of the Player. 9. Each party will be responsible for any federal and state taxes associated with payments made by the Retirement Plan and recognizes that such payments will be reported to the Internal Revenue Service. 10. All benefits payable under the NFL Player Retirement Plan other than the benefits hereby assigned to the Alternate Payee, will be payable to the Player or his beneficiaries at such time, manner and form as he may elect in accordance with the terms of the Plan, except as may be provided in another Qualified Domestic Relations Order. 11. A copy of this order will be promptly served on the Plan, which shall, within a reasonable period after receipt, determine whether this order is a Qualified Domestic Relations Order and notify the appropriate parties of its determination. WHEREFORE, IT IS HEREBY ORDERED THAT: Benefits under the Retirement Plan are assigned to the Alternate Payee as specified above, except that this order will not apply to benefits required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order, and this order will not require the Savings Plan to provide increased benefits (determined on the basis of actuarial value) or any rights not otherwise available under the terms of the Retirement Plan. The benefits assigned under this order may be subject to any prior lien or levy for the payment of federal taxes. v This Court retains jurisdiction over the parties and this matter to amend this order to the extent necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974, as amended, and the Internal Revenue Code of 1986, as amended. Date: Distribution: asa Peel Greevy, Esq. Counsel for the Alternate Payee, 301 Market Street, P. O. Box 109, Lemoyne, Pennsylvania 17043-0109 =all all 620 North East Street, Carlisle, Pennsylvania 17013-2011 ee 221 Walnut Street, :293559 RV TuG rr)l iRT- r w Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Lee Woodall, IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 02-5738 Tamara Woodall CIVIL ACTION - LAW N/K/A Tamra Bedford, Defendant QUALIFIED DOMESTIC RELATIONS ORDER The Court now finds and orders that: 1. The Court has personal jurisdiction over both parties to this action and jurisdiction over the subject matter in this divorce action. 2. The parties were married in the state of Nevada on January 30, 1997. The parties were divorced as of October 29, 2003. 3. Lee Woodall (the "Player") was employed by a club in the National Football League. This order divides benefits and rights between the Player and Tamra Bedford (the "Alternate Payee") with respect to the NFL Player Annuity Program ("Annuity Program), in which the Player has an interest. 4. The Player's date of birth is October 31, 1969; Social Security number is 602-98-6509, and last known mailing address is 221 Walnut Street, Carlisle Pennsylvania 17013 Vi,,i1A t!1N-F ? <<r no ? I =z W'd S- Es LEE 3i!"'4, -6 - i?? I" M 5. The Alternate Payee's date of birth is December 25, 1971; Social Security number is 554-45-8563, and last known mailing address is 39 Painted Rock Court, Frisco, Texas 75034. 6. Both the Player and the Alternate Payee will provide notice of any change of address to the Annuity Program's Administrative Offices, by sending such notice to: NFL Player Annuity Program, 200 St. Paul Place, Suite 2420, Baltimore, Maryland 21202-2040. 7. The Player 's Annuity Plan Account Balance will be divided as follows: Alternate Payee is hereby awarded twenty five (25%) percent of the Player's Annuity Account Balance under the Annuity Program, based on the Player's Credited Seasons earned as of the date of this order and the terms of the Annuity Program in effect as of the date of this order. The Players Annuity Account Balance will be valued and divided as of the March 1, 2007 and prior to any withdrawals by the player/participant, and thereafter the Alternate Payee will be treated as a separate participant in the Annuity Program. The Alternate Payee may elect to receive her benefits in the form of a single life annuity, a lump sump payment, a partial lump sum payment in combination with a single life annuity, or an annuity payable in substantially equal annual amounts for a specked number of years, at least until she reaches the age of 45. The Alternate Payee may designate a beneficiary to receive any benefits that remain payable after her death. All distributions to a beneficiary of the Alternate Payee will be made in the form of a lump sum, which must be paid within five (5) years of the Alternate Payee's death. If the Alternate Payee is alive upon the Player's death, the Alternate Payee will be treated as the Player's surviving spouse for purposes of awarding twenty five (25%) percent of the death benefits with respect to the portion of the Player's Annuity Account Balance that he retains under this order. This treatment will remain in effect in the event the Player is married to another person at the time of his death. The Alternate Payee may elect that annuity payments under the Annuity Program begin as of the first day of any month following the earlier of (1) the date the Player attains age 45 (or on the Player's birthday, if that date is the first of the month), or (2) the later of (a) the date the Player attains age 35 (or on the Players birthday, if that date is the first of the month), or (b) five (5) years after the end of the Annuity Year that coincides with the Player's last Credited Season. The Alternate Payee must notify the Annuity Program's Administrative Offices of the distribution option she elects at least 30 days before the Alternate Payee wants her annuity payments to begin. 8. Each party will be responsible for any federal and state taxes associated with payments made by the Retirement Plan and recognizes that such payments will be reported to the Internal Revenue Service. 9. All benefits payable under the Annuity Program other than the benefits hereby assigned to the Alternate Payee, will be payable to the Player or his beneficiaries at such time, manner and form as he may elect in accordance with the terms of the Annuity Program, except as may be provided in another Qualified Domestic Relations Order. 10. A copy of this order will be promptly served on the Annuity Program, which shall, within a reasonable period after receipt, determine whether this order is a Qualified Domestic Relations Order and notify the appropriate parties of its determination. WHEREFORE, IT IS HEREBY ORDERED THAT: Benefits under the Annuity Program are assigned to the Alternate Payee as specified above, except that this order will not apply to benefits required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order, and this order will not require the Annuity Program to provide increased benefits or any rights not otherwise available under the terms of the Annuity Program. The benefits assigned under this order may be subject to any prior lien or levy for the payment of federal taxes. ? .y This Court retains jurisdiction over the parties and this matter to amend this order to the extent necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974, as amended, and the Internal Revenue Code of 1986, as amended. BY THE COURT: Se !D? , S^ Z c b? I /J/,r - Y'0 Date: J. esl Ole ., . Distribution: Melissa Peel Greevy, Esq. Counsel for the Alternate Payee, 301 Market Street, P. O. Box 109, Lemoyne, Pennsylvania 17043-0109 .We Woodall 620 North East Street, Carlisle, Pennsylvania 1701 Woodall 221 Walnut Street, Carlisle Pennsylvania 17013 :293563 A r Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Lee Woodall, Plaintiff V. Tamara Woodall N/K/A Tamra Bedford, Defendant Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5738 CIVIL ACTION - LAW QUALIFIED DOMESTIC RELATIONS ORDER The Court now finds and orders that: 1. The Court has personal jurisdiction over both parties to this action and jurisdiction over the subject matter in this divorce action. 2. The parties were married in the state of Nevada on January 30, 1997. The parties were divorced as of October 29, 2003. 3. Lee Woodall (the "Player") was employed by a club in the National Football League. This order divides benefits and rights between the Player and Tamra Bedford (the "Alternate Payee") with respect to the NFL Player Second Career Savings Plan ("Savings Plan"), in which the Player has an interest. 4. The Player's date of birth is October 31, 1969; Social Security number is 602-98-6509, and last known mailing address is 221 Walnut Street, Carlisle Pennsylvania 17013. ? I .Z 1-4d 5- d3S HE +p' 3Hi JO Do, t 5. The Alternate Payee's date of birth is December 25, 1971; Social Security number is 554-45-8563, and last known mailing address is 39 Painted Rock Court, Frisco, Texas 75034. 6. Both the Player and the Alternate Payee will provide notice of any change of address to the Plan's Administrative Offices, by sending such notice to: NFL Player Second Career Savings Plan, 200 St. Paul Place, Suite 2420, Baltimore, Maryland 21202-2040. 7. The Alternate Payee is hereby awarded twenty five (25%) percent of the total balance in the Player's Savings Account, plus the amount of thirty thousand two hundred fifteen ($30,215.00) dollars, as of the Savings Plan Valuation Date immediately preceding the date of the order. This amount shall be adjusted to reflect earnings or losses from the Valuation Date until the Alternate Payee's benefit is moved to a separate account in the Savings Plan. This award constitutes the full benefit to which the Alternate Payee is entitled, and all contributions to the Player's Savings Account (and earnings thereon) after the date of this order will be the sole property of the Player. The Alternate Payee will be treated as a participant in the Savings Plan. The Alternate Payee's benefits will be separately accounted for and the Alternate Payee (or the Alternate Payee's representative) may direct the investment of those benefits among available choices under the terms of the Savings Plan. The Alternate Payee may elect to receive a lump sum distribution of his or her separate account at any time after the Savings Plan determines that this order is a Qualified Domestic Relations Order. If the Alternate Payee is alive upon the Player's death, the Alternate Payee will be treated as the Player's surviving spouse for purposes of awarding twenty five (25%) percent of the death benefits with respect to the portion of the Player's Savings Plan that he retains under this order. This treatment will remain in effect in the event the Player is married to another person at the time of his death. 8. Each party will be responsible for any federal and state taxes associated with payments made by the Savings Plan and recognizes that such payments will be reported to the Internal Revenue Service. 9. All benefits payable under the NFL Player Benefit Plans other than the benefits hereby assigned to the Alternate Payee will be payable to the Player or his A beneficiaries at such time, manner and form as he may elect in accordance with the terms of the Plans, except as may be provided in another Qualified Domestic Relations Order. 10. A copy of this order will be promptly served on the Plan, which shall, within a reasonable period after receipt, determine whether this order is a Qualified Domestic Relations Order and notify the appropriate parties of its determination. WHEREFORE, IT IS HEREBY ORDERED THAT: Benefits under the Savings Plan are assigned to the Alternate Payee as specified above, except that this order will not apply to benefits required to be paid to another Altemate Payee under another order previously determined to be a Qualified Domestic Relations Order, and this order will not require the Savings Plan to provide increased benefits (determined on the basis of actuarial value) or any rights not otherwise available under the terms of the Savings Plan. The benefits assigned under this order may be subject to any prior lien or levy for the payment of federal taxes. This Court retains jurisdiction over the parties and this matter to amend this order to the extent necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974, as amended, and the Internal Revenue Code of 1986, as amended. Se L ao i7 Date: :293556 Distribution: .140lissa Peel Greevy, Esq. Counsel for the Alternate Payee, 301 Market Street, P. O. Box 109, Lemoyne, Pennsylvania 17043-0109 L Woodall 620 North East Street, Carlisle, Pennsylvania 17013-2011 K ,le Wooda11221 Walnut Street, Carlisle Pennsylvania 17013 4 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 LEE WOODALL, Plaintiff V. TAMARA WOODALL N/K/A TAMRA BEDFORD, Defendant NO. 02-5738 CIVIL ACTION -- LAW MOTION FOR ENTRY OF AMENDED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this tlay of 2008, comes Defendant, Tamra Bedford, by and through her undersigne attorneys ohnson, Duffie, Stewart & Weidner, and moves for a Rule Absolute in support of which she a rs as follows: 1. Plaintiff is pro se. 2. Defendant is represented by the undersigned. 3. This Court held a hearing on the Defendant's Petition to Enforce the Terms of an Agreement Incident to Divorce. 4. Following hearing on August 30, 2007, the Judge Oler entered three (3) Qualified Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Domestic Relations Orders, dated September 5, 2007. 5. Said Orders were submitted to the NFL Player benefits office for implementation. 6. In correspondence dated October 3, 2007, the Defendant was notified that the Order regarding the NFL Player Annuity Program must be amended because they Plaintiff took a distribution plan, initiating a distribution schedule which would not allow the plan to pay benefits under the terms of a previously pre-qualified Order. See Exhibit A, attached hereto. 7. By the terms of the September 5, 2007 order, this Court "retained jurisdiction to over the parties and this matter to amend this Order to the extent necessary to establish or maintain its qualification as a Qualified Domestic Relations Order Under the Employee Retirement Income Security Act of 1974, as amended , and the Internal Revenue Code of 1986, as amended." 8. One of the September 5, 2007 Orders granted Defendant 25% of the Player's benefits from the NFL Player Annuity Plan. 9. By reason on the Plaintiff's withdrawal of $17,069.61 from the NFL Player Annuity Plan in April 2007, Defendant's interest was diminished. 10. Plaintiff admitted to taking this withdrawal at the August 30, 2007 hearing. 11. In Order for Defendant to receive the amount to which she is entitled, and in order to have the Order be qualified and benefits paid to the Defendant by the NFL Player Annuity, the prior Order must be vacated and replaced with an Order in the form as attached, which has been pre-approved by said Plan. See Exhibit B attached hereto. 12. A copy of the instant Petition and proposed Order was sent to the Plaintiff with correspondence seeking concurrence on November 28,2007. See Exhibit C attached hereto. 13. Plaintiff did not respond to our request for concurrence with this Motion. WHEREFORE, Defendant moves for the entry of an Amended Qualified Domestic Relations Order in the form as attached. JOHNSON, DUFFIE, STEWART & WEIDNER By: Melissa Peel Greevy I. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 317083 R Ty *FOOTBALL* 2 ? IMFL Player Annuity • O. O ` C .PLAYERS 200 St. Paul.Place • Suite 2420 Baltimore, Maryiand 21202-2040 ASSOCIATION 410-685-6069 • 800.838-3185 • Fax 410-783.0041 October 3, 2007 RECEIVEF) Melissa Peel Greevy, Esq. OCT IQ, 2007 Johnson, Duffie, Stewart & Weidner k, 301 E OHNSC;i?€, Oo i Market Street WART A0 lx `^fM1i; ST P.O. Box 109 Lemoyne, PA 17043-0109 Re: Woodall - NFL Player Annuity Program Correction Dear Ms. Greevy: After further review, it has been determined that due to a recent distribution of the Annuity Program benefits, the order filed with the court on September 5, 2007 needs to be amended/revised. We do regret the inconvenience, however; the benefits cannot be paid under the method currently stated in the order. A distribution schedule has been elected and the order should reflect the method for dividing benefits available to Ms. Woodall. Anlother model form is enclosed for your review. Thank you for all your assistance, know that it is greatly appreciated, and should you have any questions, do not hesitate to call on me. Very truly yours, Charisse Caldwell Benefit Coordinator COPY T cc: Lee Woodall it: `,? Linda Boarman ,? CUENT p_1 WO/ENCL Tamara Bedford 17 W/ENCL Sent 40A-1 By: 5 ?-- JOHNSON, D, FRE, STEVVARI' & WEIDNER Melissa P. Greevy Page From: Family Issues NFLPB [familyissues@nflpb.org] Sent: Monday, November 26, 2007 4:47 PM To: Melissa P. Greevy Subject: Lee Woodall Annuity Draft Review Dear Ms. Greevy: We have reviewed the 2nd draft of the Annuity Program QDRO and determined that upon receipt the Plan will honor executed version. Because our records reflect a different address, please confirm whether the player's address is the most current one. Thankx Charisse 11/26/07 ?? JERRY R. DUFFIE MELISSA PEEL GREEVY RICHARD W STEWART ROBERT M. WALKER C. ROY WEIDNER, JR. WADE D. MANLEY f E EDMUND G. MYERS ELIZABETH D. SNOVER DAVID W. DELUGE KELLY L. BONANNO JOHN A. STATLER L A W 0 F F I C E S JEFFERSON J. SHIPMAN ? J T Y B. RETTTTIG JEFFRE O] OF COUNSEL ON KEVIN E. OSBORNE HORACE A. JOHNSON RALPH H. WRIGHT, JR. F. LEE SHIPMAN F. MARK C. DUFFIE (1965-20D6) JOHN R. NINOSKY MICHAEL J. CASSIDY WrtrrF;t S E.vr. Nf.). 1 18 E Mzur, mpp'ggjds.wxoni November 29, 2007 Lee Woodall 1379 Dilworthtown Crossing West Chester, PA 19382 Re: Lee Woodall v. Tamara Woodall, n/k/a Tamra Bedford No. 02-5738 Court of Common Pleas, Cumberland County, Pennsylvania Qualified Domestic Relations Order - NFL Player Annuity Program Dear Mr. Woodall: As you know, we received correspondence from the Benefit Coordinator for the NFL Player Annuity Program, Charisse Caldwell. She indicated that because of your decision to take the $17,069.61 distribution in April of this year, the Order they had previously approved with regard to Ms. Bedford's NFL Player Annuity Program benefits would need to be amended. I submitted a proposed amended Order for their review, which they approved, in an e-mail sent to me on November 26, 2007. 1 have edited the enclosed Order and prepared a Motion for the Court to amend the Order. Local Rule requires that I inquire of you whether you will concur in our Motion to enter an Amended Order so that Ms. Bedford gets the total which she was to receive from NFL Player Annuity _R(ogram. Kindly respond to this inquiry no later than December 14, 2007. If you do not respond to this inquiry by December 14, 2007; 1 will file the Motion indicating that your concurrence was sought but that we received no answer. Thank you in advance for your cooperation. Very t50N, ours, JOHN D FFIE, S WART & WEIDNER Me se reevy MPG:mer:317143 Enclosure cc: Tamra Bedford (w/enclosure) 301 MARKET STREET P.O. BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 WWW.JDSW.COM .717.761.4540 FAX:717.761.3015 MAIL@JDSW.COM JOHNSON, DUFFLE, STEWART & WEIDNER, P.C. Lee Woodall, Plaintiff V. Tamara Woodall N/K/A Tamra Bedford, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5738 CIVIL ACTION - LAW ORDER AND NOW, this day of 2007, upon consideration of the Defendant's Motion For Entry Of Amended Qualified Domestic Relations Order, A rule is issued upon the Plaintiff to show cause, if any he has, why the Defendant's Motion should not be granted. Rule returnable within days. By the Court: J. Wesley Oler, Jr., J. Distribution: Melissa Peel Greevy, Esquire, 301 Market Street, Lemoyne, PA 17043 Lee Woodall 1379 Dilworthtown Crossing, West Chester, PA 19382 :317083 Lee Woodall, Plaintiff V. Tamara Woodall N/K/A Tamra Bedford, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5738 CIVIL ACTION - LAW MOTION FOR ENTRY OF AMENDED QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this day of 2007, comes Defendant, Tamra Bedford, by and through her undersigned attorneys, Johnson, Duffle, Stewart & Weidner, and moves for a Rule Absolute in support of which she avers as follows: 1. Plaintiff is pro se 2. Defendant is represented by the undersigned. 3. This Court held a hearing on the Defendant's Petition to Enforce the Terms of an Agreement Incident to Divorce. 4. Following hearing on August 30, 2007, the Judge Oler entered three (3) Qualified Domestic Relations Orders, dated September 5, 2007. 5.. Said Orders were submitted to the NFL Player benefits office for implementation. 6. In correspondence dated October 3, 2007, the Defendant was notified that the Order regarding the NFL Player Annuity Program must be amended because they Plaintiff took a distribution plan, initiating a distribution schedule which would not allow the plan to pay benefits under the terms of a previously pre-qualified Order. See Exhibit A, attached hereto. 7. By the terms of the September 5, 2007 order, this Court "retained jurisdiction to over the parties and this matter to amend this Order to the extent necessary to establish or maintain its qualification as a Qualified Domestic Relations Order Under the Employee Retirement Income Security Act of 1974, as amended , and the Internal Revenue Code of 1986, as amended." 8. One of the September 5, 2007 Orders granted Defendant 25% of the Player's benefits from the NFL Player Annuity Plan. 9. By reason on the Plaintiff's withdrawal of $17,069.61 from the NFL Player Annuity Plan in April 2007, Defendant's interest was diminished. 10. Plaintiff admitted this withdrawal at the August.30, 2007 hearing. 11. In Order for Defendant to receive the amount to which she is entitled, and in order to have the Order be qualified and benefits paid to the Defendant by the NFL Player Annuity, the prior Order must be vacated and replaced with an Order in the form as attached, which has been pre-approved by said Plan. See Exhibit B attached hereto. 12. A copy of the instant Petition and proposed Order was sent to the Plaintiff with correspondence seeking concurrence on November 28,2007. 13. Plaintiff indicated that he did/ did not concur in the motion. WHEREFORE, Defendant moves for the entry of an Amended Qualified Domestic Relations Order in the form as attached. JOHNSON, DUFFIE, STEWART & WEIDNER By: Melissa Peel Greevy 1. D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lee Woodall, ; NO. 02-5738 Plaintiff CIVIL ACTION - LAW V. Tamara Woodall N/K/A Tamra Bedford, Defendant CERTIFICATE OF SERVICE AND NOW, this day of 2007, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion upon the Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Lee Woodall 1379 Dilworthtown Crossing West Chester, Pennsylvania 19382 JOHNSON, DUFFIE, STEWART & WEIDNER By: Melissa Peel Greevy, Esquire Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant Lee Woodall, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. : NO. 02-5738 Tamara Woodall CIVIL ACTION - LAW N/K/A Tamra Bedford, Defendant AMENDED QUALIFIED DOMESTIC RELATIONS ORDER. The Court now finds and orders that: 1. The Court has personal jurisdiction over both parties to this action and jurisdiction over the subject matter in this divorce action. 2. The parties were married in the state of Nevada on January 30, 1997. The parties were divorced as of October 29, 2003. 3. Lee Woodall (the "Player") was employed by a club in the National Football League. This order divides benefits and rights between the Player and Tamra Bedford (the "Alternate Payee") with respect to the NFL Player Annuity Program ("Annuity Program), in which the Player has an interest. 4. The Player's date of birth is October 31, 1969; Social Security number is 602-98-6509, and last known mailing address is 1379 Dilworthtown Crossing, West Chester, Pennsylvania 19382. 5. The Alternate Payee's date of birth is December 25, 1971; Social Security number is 554-45-8563, and last known mailing address is 39 Painted Rock Court, Frisco, Texas 75034. 6. This Court entered a Qualified Domestic Relations Order on September 5, 2007 with regard to the Player's NFL Player Annuity Program, which is hereby VACATED, and replaced with the instant Order made necessary to protect the Alternate Payee's interest by reason of the Player's April 2007 withdrawal of $17,069.61 from the Annuity Program. 7. Both the Player and the Alternate Payee will provide notice of any change of address to the Annuity Program's Administrative Offices, by sending such notice to: NFL Player Annuity Program, 200 St. Paul Place, Suite 2420, Baltimore, Maryland 21202-2040. 8. The Player 's Annuity Plan Account Balance will be divided as follows: Alternate Payee is hereby awarded twenty eight (28%) percer* of any and all annuity payments payable after the date of this order to the Player from the Annuity Program, based on the Player's Credited Seasons earned as of the date of this order and the terms of the Annuity Program in effect as of the date of this order. These payments are to continue without limit until terminated as described below. The Alternate Payee will not be treated as a participant in the Annuity Program, and will receive benefits only when those benefits are otherwise payable to the Player. The Alternate Payee may not elect when benefits are to begin or the form in which benefits will be paid. If the Alternate Payee is alive upon the Player's death, the Alternate Payee will be treated as the Player's surviving spouse for purposes of awarding twenty five (25%) percent of the death benefits with respect to the portion of the Player's Annuity Account Balance that he retains under this order. This treatment will remain in effect in the event the Player is married to another person at the time of his death. 9. Each party will be responsible for any federal and state taxes associated with payments made by the Retirement Plan and recognizes that such payments will be reported to the Internal Revenue Service. 10. All benefits payable under the Annuity Program other than the benefits hereby assigned to the Alternate Payee, will be payable to the Player or his beneficiaries at such time, manner and form as he may elect in accordance with the terms of the Annuity Program, except as may be provided in another Qualified Domestic Relations Order. 11. A copy of this order will be promptly served on the Annuity Program, which shall, within a reasonable period after receipt, determine whether this order is a Qualified Domestic Relations Order and notify the appropriate parties of its determination. WHEREFORE, IT IS HEREBY ORDERED THAT: Benefits under the Annuity Program are assigned to the Alternate Payee as specified above, except that this order will not apply to benefits required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order, and this order will not require the Annuity Program to provide increased benefits or any rights not otherwise available under the terms of the Annuity Program. The benefits assigned under this order may be subject to any prior lien or levy for the payment of federal taxes. This Court retains jurisdiction over the parties and this matter to amend this order to the extent necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974, as amended, and the Internal Revenue Code of 1986, as amended. BY THE COURT: Date: Distribution: J. Wesley Oler, Jr., J. Melissa Peel Greevy, Esq. Counsel for the Alternate Payee, 301 Market Street, P. O. Box 109, Lemoyne, Pennsylvania 17043-0109 Lee Woodall 1379, Dilworthtown Crossing, West Chester, Pennsylvania 19382 313493 CERTIFICATE OF SERVICE AND NOW, this 25th day of January, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion upon the Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Lee Woodall 1379 Dilworthtown Crossing West Chester, Pennsylvania 19382 JOHNS D%)FFIE, STEWART & WEIDNER Melissa Peel G-reevy, Esquire 317083 LEE WOODALL, Plaintiff V. TAMRA WOODALL, n/k/a TAMRA BEDFORD,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-5738 CIVIL TERM ORDER OF COURT AND NOW, this 31St day of January, 2008, upon consideration of Defendant's Motion for Entry of Amended Qualified Domestic Relations Order, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, d0felissa Peel Greevy, Esq. 301 Market Street P.O. Box 109 Lemoyne, PA 17043+0109 Attorney for the Alternate Payee /ee Woodall 1379 Dilworthtown Crossing West Chester, PA 19382 Defendant, pro Se :rc i AAIA'NI .]d F , , ,. , "! . i 8C = I I WV 1- 83J OODZ RWQNO-W. d 3W. 10 30 L-140--OM Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 LEE WOODALL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5738 V. CIVIL ACTION - LAW TAMARA WOODALL N/K/A TAMRA BEDFORD, Defendant MOTION FOR RULE ABSOLUTE AND NOW, this "t' day of 2008, comes the Defendant, Tamra Bedford, by and through her undersigned attorneys, Johnson, Duffie, Stewart & Weidner, and moves for Rule Absolute in support of which she avers as follows: 1. Plaintiff is pro se. 2. Defendant is represented by the undersigned. 3. Defendant filed a Motion for Entry of an Amended Qualified Domestic Relations Order on January 28, 2008. 4. On January 31, 2008, the Court entered an Order of Court with a Rule Returnable twenty (20) days from the date of the Order. 5. The Court's January 31, 2008 Order was sent to the Defendant at his last known address in correspondence dated February 4, 2008. See Exhibit A. 6. To date, the Defendant has received no communication from Plaintiff with regard to the Motion for Entry of Amended Qualified Domestic Relations Order, or the Rule Returnable. 7. More than twenty (20) days have elapsed since the service of the Rule. 8. Plaintiff did not file an answer to the Rule to Show Cause. 9. In the absence of a response from the Plaintiff, Defendant is entitled to the relief prayed for in her Motion filed January 28, 2008. WHEREFORE, Defendant moves for Rule Absolute and the entry of an Amended Qualified Domestic Relations Order in the form as attached. Respectfully submitted, JOHNSON, DUFFIE, STEWART & WEIDNER Melissa Peel Greevy, Esquire 301 Market Street P.O. Box 109 Lemoyne, PA 17043 (717) 761-4540 CERTIFICATE OF SERVICE AND NOW, this -W y of February, 2008, the undersigned does hereby certify that she did this date serve a copy of the foregoing Motion upon the Plaintiff by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Lee Woodall 1379 Dilworthtown Crossing West Chester, Pennsylvania 19382 JOHNSON, DUFFIE, STEWART & WEIDNER B elissa Peel Greevy, Esquire :325338 JERRY R. DUFFIE RICHARD W.STEWART C. ROY WEIDNER, JR. EDMUND G. MYERS DAVID W. DELUCE JOHN A. STATLER JEFFERSON J. SHIPMAN JEFFREY B. RETTIG KEVIN E. OSBORNE RALPH H. WRIGHT, JR. MARK C. DUFFIE JOHN R. NINOSKY MICHAEL). CASSIDY FILE COPY MELISSA PEEL GREEVY ROBERT M. WALKER WADE D. MANLEY ELIZABETH D. SNOVER KELLY L. BONANNO LAW OF FICES OHNSON HORACEoA. JOHNSON JDUFFIE R LEE SHIP AN tI't,r?rrat'S)"vr, N0. I IS mPWT1j Coll) February 4, 2008 VIA CERTIFIED U.S. MAIL (7007 0710 0002 96491720) Lee Woodall 1379 Dilworthtown Crossing West Chester, PA 19382 Re: Lee Woodall v. Tamara Woodall, nik/a Tamra Bedford No. 02-5738 Court of Common Pleas, Cumberland County, Pennsylvania Qualified Domestic Relations Order - NFL Player Annuity Program Dear Mr. Woodall: Enclosed with this correspondence is Judge Oler's January 31, 2008 Order that you show cause why the relief we have requested should not be granted. Your response is due within twenty (20) days of the date of the Order, which was signed on January 31, 2008. If you have no objection to the entry of this Order, please communicate that to me in writing at your earliest convenience. Thank you in advance for your cooperation. JOHNSON, C)(JFFIE,,S'rEWART & WEIDNER a Peel Greevy plImp .. GTE $ Postage 1 Certified Fee ] Retum Receipt Fee 1 ( rsement Required) trlded Delivery Fee 3 ( orsement Required) tal Postage & F. L-e kr PO Box No. '0'41AL USE PA "'D FEB P F 4 H,0 ?. 220 b ). BOX 109 LEMOYNE, PENNSYLVANIA 17043-0109 61.4540 FAX: 717.761.3015 MAIL@JDSW.COM iIE, STEWART & WEIDNER, P.C. -? t.. ,?? ?s ;-,., ?? ?, - `r???`? ?- -;, _._ -? ??. ?.,..? i MAR 09 2UQS,y?" 1' Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 LEE WOODALL, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 02-5738 V. : CIVIL ACTION - LAW TAMARA WOODALL N/K/A TAMRA BEDFORD, Defendant ORDER AND NOW, this _ day of 141 2,1 4-? , 2008, upon consideration of the Defendant's Motion for Rule Absolute and in the absence of a response to the Rule served upon the Plaintiff February 4, 2008, the Court finds the Defendant is entitled to an entry of an Amended Qualified Domestic Relations Order. BY THE COURT: J ESLEY OLER, ., Distribution/l lissa Peel Greevy, Esquire, 301 Market Street, P.O. Box 109, Lemoyne, PA 17043 7e Woodall, 1379 Dilworthtown Crossing, West Chester, PA 19382 7.0125 i J. 8 Z :Z W d 9- 8vw BOOZ 3c 1'1101-091Y T 41? 161/U A- LL Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Defendant 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 LEE WOODALL, IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA V. NO. 02-5738 TAMARA WOODALL CIVIL ACTION - LAW N/K/A TAMRA BEDFORD, : Defendant AMENDED QUALIFIED DOMESTIC RELATIONS ORDER The Court now finds and orders that: 1. The Court has personal jurisdiction over both parties to this action and jurisdiction over the subject matter in this divorce action. 2. The parties were married in the state of Nevada on January 30, 1997. The parties were divorced as of October 29, 2003. 3. Lee Woodall (the "Player") was employed by a club in the National Football League. This order divides benefits and rights between the Player and Tamra Bedford (the "Alternate Payee") with respect to the NFL Player Annuity Program ("Annuity Program), in which the Player has an interest. 4. The Player's date of birth is October 31, 1969; Social Security number is 602-98-6509, and last known mailing address is 1379 Dilworthtown Crossing, West Chester, Pennsylvania 19382. 5. The Alternate Payee's date of birth is December 25, 1971; Social Security number is 554-45-8563, and last known mailing address is 39 Painted Rock Court, Frisco, Texas 75034. 6. This Court entered a Qualified Domestic Relations Order on September 5, 2007 with regard to the Player's NFL Player Annuity Program, which is hereby VACATED, and replaced with the instant Order made necessary to protect the Alternate Payee's interest by reason of the Player's April 2007 withdrawal of $17,069.61 from the Annuity Program. 7. Both the Player and the Alternate Payee will provide notice of any change of address to the Annuity Program's Administrative Offices, by sending such notice to: NFL Player Annuity Program, 200 St. Paul Place, Suite 2420, Baltimore, Maryland 21202-2040. 8. The Player 's Annuity Plan Account Balance will be divided as follows: Alternate Payee is hereby awarded twenty eight (28%) percent of any and all annuity payments payable after the date of this order to the Player from the Annuity Program, based on the Player's Credited Seasons earned as of the date of this order and the terms of the Annuity Program in effect as of the date of this order. These payments are to continue without limit until terminated as described below. The Alternate Payee will not be treated as a participant in the Annuity Program, and will receive benefits only when those benefits are otherwise payable to the Player. The Alternate Payee may not elect when benefits are to begin or the form in which benefits will be paid. If the Alternate Payee is alive upon the Player's death, the Alternate Payee will be treated as the Player's surviving spouse for purposes of awarding twenty five (25%) percent of the death benefits with respect to the portion of the Player's Annuity Account Balance that he retains under this order. This treatment will remain in effect in the event the Player is married to another person at the time of his death. 9. Each party will be responsible for any federal and state taxes associated with payments made by the Retirement Plan and recognizes that such payments will be reported to the Internal Revenue Service. 10. All benefits payable under the Annuity Program other than the benefits hereby assigned to the Alternate Payee, will be payable to the Player or his beneficiaries at such time, manner and form as he may elect in accordance with the terms of the Annuity Program, except as may be provided in another Qualified Domestic Relations Order. 11. A copy of this order will be promptly served on the Annuity Program, which shall, within a reasonable period after receipt, determine whether this order is a Qualified Domestic Relations Order and notify the appropriate parties of its determination. WHEREFORE, lT IS HEREBY ORDERED THAT Benefits under the Annuity Program are assigned to the Alternate Payee as specified above, except that this order will not apply to benefits required to be paid to another Alternate Payee under another order previously determined to be a Qualified Domestic Relations Order, and this order will not require the Annuity Program to provide increased benefits or any rights not otherwise available under the terms of the Annuity Program. The benefits assigned under this order may be subject to any prior lien or levy for the payment of federal taxes. This Court retains jurisdiction over the parties and this matter to amend this order to the extent necessary to establish or maintain its qualification as a Qualified Domestic Relations Order under the Employee Retirement Income Security Act of 1974, as amended, and the Internal Revenue Code of 1986, as amended. BY THE C URT: Date: Wesley , Jr., J. Distribution: vM'elissa Peel Greevy, Esq. Counsel for the Alternate Payee, 301 Market Street, P. O. Box 109, Lemoyne, Pennsylvania 17043-0109 1 ee Woodall 1379 Dilworthtown Crossing, West Chester, Pennsylvania 19 82 /gay /? /7al_3 r :313493 J 91 _ i i 0 0 ?? 8 Z :£ Wd L - M 0001 MViONOHiC)W 3HI ?O