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HomeMy WebLinkAbout97-01269 , *~~~,*~*~*~-~~~**'~'~**)~"*:'~>>*~**~~'~ ~ . ______~__.__v__~_.______~_,____. ~____v~_..'__..._~_____~_ 8 ~ ~ ~ .~ :, ~ ~ .. ~ w ',' ~ ',' .:. " ,~ ~ ,~ ~ ~ ',' ~ '.' ~ ',' .. ~ ;i: ',' .:. " w ~.' I~ J. I' /~ I'.' I. i: )'.' - .- ,~ .:+:. .:+:. .:+:- .:.,:. .:+:. .:+:' .:+:. .:.:. .:+:. .:+:.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND flo~~ STATE OF ~"S!~: t ...~ '. \. ."",..."...( COUNTY PENNA. JOHN E. RAMP, I ... ,I N ().97~1~(i9.. ........... 19 Plaintiff Vl'I':'\IIS CHRISTINE RAMP, Defendant .' ~ ~, ~ DECREE IN DIVORCE ~ '.' w '.' ~ .' AND NOW, .... . .. .. .. ..1~. ..~.~ ~.. " 19 .r~.. " it is ordered and decreed that....., ,John .E.. RAmp........"...'......'.....'" plaintiff, and. . . . , .. . . . . .. .. . ~?~~f!l~.i.~<<;!. ~,~"!I?, .. . .. .. , . , . . . . . .. , . . . . " defendant, are divorced from the bonds of matrimony. (. ~ ',' ~ " ~ :" ~ ~ ... ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; ;i: '.' '= ~. . ~~~. .I;'~~'p'~~~y, ,set~.lel!l~!lt. ,~9~.~~m~n.t; .1?~.t,~~~!I. .~I?~. p,~~~~~.~ ,~!>. , . . .. , hereby incorporated but not merged. ,. .... ...... . .... .., ........... ........,.. ............... ......... .,. .... ~ ... ny~ CIA;) Attesl: '/1~. I?'~?I/l ~ 1("... -~- <4~ fl' ~~v,'tffav @UI4' K ~&. ~.z t7 ' tP"rolhonolnry ~ f."' ~ .' :i .. " ~ ;.: ~ ;.: r! ~ -----_.. ._-- - . ------ .-.. -, . ...~-_... . . ~~~**~~~~.*********~.* ~ .:. " ~ '.. ~ ~ ~, ~ :01 ,~ ~ ., W <:" ;i: '.. ~ ~, w '.' ,'~ ~ ~ ~, !' ,,~ ~ ,', ~ w '.' .~ ~ .:, :, .. ~ w '.' ; w '.~ ~ ... ~ $ $ * * $ ~ ~ * c"..k' f'tf' &(. 6", /I~;~ -d, a-4 Dei 1,"30'~ ';1tt-iu /,,,...{/-/ ;d 4;li/f I , (2) Except as herein otherwise provided, ~ach party hereby releases the other from any and all claims, or demands up to the date of execution hereof. (3) In the event that either party contracted or incurred any debts since the date of separation on September 2, 1996, the party who incurred said debt shall be responsible for the payment thereof regardless of rhe name in which the debt may have been incurred. Husband and Wife acknowledge and agree that they have no other outstanding joint debts and obligations of the Husband and Wife incurred prior to the signing of this Agreement. (4) Each party relinquishes any right, title and interest he or she may have to any and all motor vehicles currently in possession of the party. Wife shall retain the 1993 Toyota Corolla and the 1990 Toyota truck. Husband shall receive the 1988 Ford Festiva, the Dune Buggy and the Motorcycle. Each party shall execute any documents necessary to have said vehicles properly registered in the other party's name with the Pennsylvania Department of Transportation. Each party shall assume full responsibility of any encumbrance on the motor SAlOIS, HUFF & MASLAND .ATTOlN'-ntATol~ w, 26 W. "lab 51"'1 <:'11111.. PA vehicle received by said party, and shall hold harmless and indemnify the other party from any loss thereon. (5) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was heretofore owned jointly or individually by the parties hereto, This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. (6) Wife agrees to release any right, title or interest, that he or she may have in any intangible personal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. Specifically, Husband shall pay to Wife the sum of $45,500.00 from his 401K Plan at National RX Services for Wife's interest in said plan. This transfer of assets shall be accomplished with a Qualified Domestic Relations Order (QDRO), to be executed simultaneously with the signing of this agreement. Husband shall retain his stock option plan, and the remainder of the 401K Plan. (7) The parties agree that legal custody of their minor children, JOHN E. RAMP and ELIZABETH RAMP, shall be joint, with both parties having the right to make major parenting decisions affecting the childrens' health, education and welfare. The SAID IS, HUFF & MAS LAND A1"T'ORN!Y!'AT'U,W Z6 w. HI&h 5tmt Cull.I..P^ parties hereto agree that primary physical custody of said children shall be in Wife. The parties further agree that Husband shall have periods of temporary physical custody of the minor children as the parties shall agree. (8) Husband agrees to pay to Wife for the use, benefit, support and maintenance of their minor children, the sum of Two Hundred Dollars ($200.00) per week, based on the current circumstances of the parties. The parties agree that in the event of a material change of circumstances of either party, or a change in the custody arrangement set forth herein, the amount of support payments shall be subject to an appropriate adjustment by agreement or, if the parties are unable to agree, by Order of Court of competent jurisdiction, and the amount ordered by any such court shall be deemed to be the amount due hereunder. Husband further agrees to provide the health insurance for the benefit of the minor children, but in the event that Wife receives better coverage, she will cover the children or the parties will negotiate at that time. Husband agrees to pay the cost of all preschool tuition, either directly to Wife or to the school provider. Further, Husband agrees to pay the cost of the children's college education, including room, board and tuition, less g~ants, scholarships or deferred student loans, for the equivalent of bachelor of science or bachelor of arts degree, provided that the children qualify academically for post-secondary education and husband is consulted as to the choice of school. (9) Husband agrees to maintain a minimum of $200,000.00 in life insurance coverage naming both children as joint and several beneficiaries. Said insurance policy shall be I maintained until the youngest of the two children reaches the age of twenty-one. I I i , I I I I , i I , I SAIDIS, :mUFF & I~~T~R iIIW.HI&hSIrOtI , C"IIII.. PA (10) Husband agrees to pay to Wife as alimony, the sum of $150.00 per week until September 1, 1999. He will pay the ,sum of $100.00 per week until September 1, 2000, and will not pay alimony after that time. Alimony will cease upon Wife securing a full-time position, remarried, cohabitation with another party, or the death of the Wife. (11) Each party is now represented by counsel of his and her own choice, and each shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf . (12) Neither party shall contract or incur any debt or liability for which the other party or his or her property or estate might be responsible and shall indemnify and save the other party harmless from any and all claims or demands made against him or her by reason of debts or obligations incurred by the other party. (13) Each of the parties shall from time to time, at the request of the othel', execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provision of this Agreement. (14) Each party will be able to claim one child as a dependency deduction, with Husband claiming JOHN E. RAMP and Wife claiming ELIZABETH RAMP for all years they are able to claim such children. (15) The parties do hereby warrant, represent, acknowledge I I SAlOIS, SHUFF & I MASLAND ! ATT'OKNlY!.AT.u.W : 26 W. H1&h Slrftt , Clrlbl.. PA and agree that each is fully and completely informed of, and is familiar with. the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (16) Husband and Wife acknowledge that each of them has read and understand his and her rights and responsibilities under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (17) It is further specifically understood and agreed by and between the parties hereto that each party accepts the provisions herein made in lieu of and in full settlement aud satisfaction of any and all of said party's rights against the other for past, present and future claims on account of support, maintenance, alimony, alimony pendente lite, counsel fees, costs and expenses, equitable distribution of marital property and any other claims of each party, including all claims which have been raised or may be raised in an action for divorce. (18) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releases, remises, discharges and quitclaims the other, and such other's heirs, representatives, assigns and estate, from and with respect to the following: A. All liability, claims, causes of action, damages, obligations arising under the provisions of the Pennsylvania Divorce Code, Act 26 of 1980, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political subdivision; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (19) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (20) In the event that either of the parties shall recover a final judgment or decree of absolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but shall not be merged into such judgment or decree and this Agreement shall survive any such final judgment or decree of absolute divorce and shall be entirely independent thereof. (21) In the event that either party breaches any provision SAlOIS, HUFF & MASLAND ^~'ATtUw 26 W. HI&II 5trOfl c.rl~I.. PA of this Agreement, and the other party retains counsel to assist in enforcing the terms thereof, the parties hereby agree that the breaching party will pay all attorney's fees, court costs and expenses incurred by the other party in enforcing the Agreement. (22) This Agreement constitutes the entire understanding between the parties and there are no covenants, conditions, representations, or agreements, oral or written, of any nature whatsoever, other than those herein contained. (23) This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN WITNESS WHEREOF, the parties hereto intending to be legally bound have hereunto set their hands and seals the day and year first written above. f,~ f} L. . JOHN RAMP f2A\,UJl~, ~0ilJ!,;J RISTINE RAMP' ~ SAlOIS, HUFF & MAS LAND A~'''T'UW Z6 w. HI&It SlJ..t C.rllJl.. P^ .'>- co r~" IlJr) r ). ' r~l . , ' C;j"':. , ' r, L..;,. l~'" -, .- " CJ <::1 c:: i-- " " -- '. . .. .' r-:J - " - ..' :' ;; !:0 ".,1.. ~ -?' ::. o J r.~ 0' . . : JOHN E. RAMP, IN TilE COURT or COMliON PLEAS : Plaintiff : CUMDERLAND COUNTY, PENNSYLVANIA . . VS. : CIVIL DIVISION : 97-1269 CHRISTINE RAMP, : NO. CIVIL TERM Defendant : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) .3301(dIC1) of the Dfvorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified restricted mail (see attached) 3/18/97 3. Complete either paragraph (a) or (bl. (a) Date of execution of the affidavit of consent required by 53301(c) of the Divorce Code: by plaintiff 6/1/98 by defendant 6/1/98 (b}(l) Date of execution of the affidavit required by S3J01(d) of the Divorce Code: ; (Z) Da te of filing and service of the plaintiff's affidavit upon the r~spondent: 4. Related claims pending: none 5. Complete either (a) or (bl. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b I Date plaintiff's Waiver of Notice in 53301( c) Di'/crce was filed with the Prothonctat:y: 6/1/98 Date defendant's Waiver of Notice in 53301(cl Divorce was filed with the Prothonotary: 6/1/98 ~~ ^t.r'n~~v f'nr (Pl..,;nt';r-F'(n~r-,..."d.an~) >- '0 r~ cr; _'J , - ; ~:: -., r::: :::-', -' IJJ~.; <:J ~ : 0'" .J:' G:l.' ..::: J :".:.:1 1I. :1 11' :" r..':'l r 0' ; LL" : ~dl ;>- " U u_ ::':";, ~";'d r.L f'- - 'J I.' C~ ;j 0 (11 U JOHN E. RAMP, IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA NO. 97- 1,)(,9 C/"C"( "---rf1l-"1 Plaintiff v. CHRISTINE RAMP, Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301ldl OF THE DIVORCE CODE 1. Plaintiff is John E. Ramp who currently resides at 11 Partridge Circle, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Christine Ramp who currently resides at R.D. 1, Box 238 Annville, PA 17003. 3. Plaintiff and Defendant have been bona fide residents i the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and Defendant were married on June 6, 198 in Campbelltown, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire th Court to order counseling. SAlOIS, GUIDO, SIIUFlo' & MASLAND 26 W. High Slreel Csrlisle.PA 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to enter a decree of divorce. SAID IS, GUIDO, SHUFF & MAS LAND 26 W. High Slre<l Carli.le. PA JOHN E. RAMP, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1269 Plaintiff v. CHRISTINE RAMP, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 12, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree of divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not clai them before a divorce is granted. 5. I understand that I will not be divorced until a divorc decree is entered by the Court and that a copy of the decree wil be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit ar true and correct. I understand that false statements herein a~e made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification t auth~it' DATED: 5~(),'7-1t ..J'~- SAlOIS. SHUFF & MASLAND A~ATit(AW 26 W. 11I&11 Slrfft c.,II.I.. p^ ,,- .~.. 1 i - 1-,. .. I !.I ( , , ( ) C: , - , C ; I -. .-,. : I (':-: , ,; , L , (.) JOHN RAMP, . IN THE COURT OF COMMON PLEAS . PLAINTIFF : OF CUMBERLAN~ COUNTY, PENNSYLVANIA CIVIL ACTION LAW VS. . . . No. 97-1269 CHRISTINE RAMP, . DEFENDANT . IN DIVORCE . AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) of the Divorce Code was filed on April 12. 1997 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification ~~ authorities. ~ DateJ ilcClj- ~ /11 f ( / A /\ -,c(rn ~ ( \ CL I )\ k1 () I (~) (Defendantr y~ Christine Ramp '- ..:!) ;- r=-: ,:: !-~.. v.! , (~.~ " c, ,- , r;- I , , 1.,- ._~. , , - I Co .,J C) CF '-.) i- c: I , i , , - ;:: . 1_),' , t'_" , " I. '.~ C i i':~ . , ,'" ',;' " " '- I C'; i , G' C) 5 I >.,' ~-~ , " ( ( ., , ,_ '. J rY'~'l :.!-.' :1 I. , ' \",',. ':~',,' 1 ) I . I f=l ~~ !~~ :0- ,-. i eoll ~ ~ ~ u; " , ti" ~ ~,~ -. .. 10 .' r.o, U;.-'. I~i~~~ (,). ' ., p: ~. l~ ,_,_ ,.:~ ("y. ':...: -, ' (() .- U " .- , ".or LJ / [2:1-: l':;-' '..PI I l!l!il E j-. :'~J _.') t:- i ~ il ~ fJ.. c...~ ':':':J 0 0' u , rn l!l iE I . JOHN E. RAMP, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1269 V. CHRISTINE RAMP, Defendant IN DIVORCE QUALIFIED DOMESTIC RELATIONS ORDER THIS ORDER is drawn pursuant to the Domestic Relations Laws of the State of Pennsylvania. The Court finds and it is hereby ordered as follows: 1. The term Participant means John E. Ramp, S.S. # 160-56-8481, of R.D. 1, Box 349, Thompsontown, PA 17094. ~ 2. The term Alternate Payee means Christine Ramp, S.S.# 162-38-3001, whose last known address is R.D. 1, Box 238, Annville, PA 17003. 3. The term plan means the Merck & Co., Inc. Employee Savings and Security Plan, known as the Medco 401K Savings Plan. 4. The Alternate Payee has allocated and assigned the sum of $45,500.00 of the Participant's account balance under the Plan. The Alternate Payee's benefits shall not include any gains, losses or interest on that amount. 5. The Alternate Payee's benefits shall be distributed to her in a single sum as soon as administratively feasible following qualification of this Order by the plan Administrator. 6. At Alternate Payee's distribution, her benefits shall r' E') '"F"- .' .' . 1 -.j .~. _.' ~~ '" '-, 101.. J- ,. '" '". . ." ". "'''''J I'" ';' ". '; ....,.'....J1' on 'fir: I! :'-' J 1,__ I,.. :~: I: 3 CU:,.:.:,... . '..,:_~:~T'r' i-E'.,',\3":I.'...;' '. I be directly rolled over to her IRA/Employer plan qualified under Internal Revenue Code (Section 401(a)) at the following address: New York Life Insurance and Annuity Corporation FBO Christine M. Ramp New York Life Insurance Company, Attn:Maynard Kring 3401 N. Front St., Suite 100, Harrisburg,PA 17110 7. The Alternate Payee's benefits shall consist of pre- and after-tax funds which are in proration to the pre- and after-tax funds in the Participant's total account at distribution of the Alternate Payee's benefit. B. In the event the Plan overpays the benefit to either the Participant or the Alternate Payee, the Plan shall be entitled to recover such over payment. 9. The Alternate Payee and the Participant agree to promptly submit this order to the Plan Administrator for determination of its status as a Qualified Domestic Relations Order. 10. The Alternate Payee and Participant certify that they are not aware of any other order which purports to dispose of the Participant's benefits described herein. 11. The Alternate Payee and Participant agree to hold the Plan, Plan Administrator and Fiduciaries harmless from any liabilities which arise from following this Order, including any reasonable attorney fees which may be incurred in connection with any claims which are asserted because the Plan honors this Order. 12. The Plan, Plan Administrator, and Fiduciaries shall not be responsible for any attorney's fees incurred by the Participant or Alternate Payee in connection with the obtaining f