HomeMy WebLinkAbout97-02192
~
()
'"
\,
\l
l
~
~
c;)
'?
\,
\J
"'"
~
~
\
l[
,~ !
.,
).
\
j
j
I
I
:)
0',
.1
~I
,
!
,
~-~*~~.__.~~**.~-*.~**.~).*.~*~.***~~~
~\ ______________________-_. __ V" ____.... ,--.-.--. .- ,. --..., ". ..... --- -.---' ~
~, 8
:1 IN THE COURT OF COMMON PLEAS :
8
~
~
~
~
~
w
0:;
~
~
~
~
~
$
~
w
0:;
OF CUMBERLAND COUNTY
STATE OF
Dixie Lee Anderson
rlaintHf
Vl\I':HlS
Richerd F. Anderson
Defendant
~~I')t
I .,;
~('~ .~;-:;i' '
PENNA,
N I), ..........?!::~n~2 '..............,
"
,
.....1
I
ii
DECREE IN
$
~
"
$
~
~
8
~
8
~
~
.,'
$
~
$
~
,,'
and. ... .. .............. ~~7~?~~. f... !'~d!'~~~~. .. .
,... ..........
plaintiff.
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;
The Parties' settlement agreement dated March la, 1999, is
.. ........ .......... ...,......,... .... .... ,... ...... ........... .,. .........
1\l99rp9Fi'~~II. \1~r~ln. i'1l1I. ~hl'. Cpl'r~. hils. jlJrlsMI'.tlPJl. PYI't. JlP, p.th.et. claims... , .
-~" - . - ~
._*-~***.~.*~*.~*~.~.~.*~.***~.
~
$
~
~
~
~ ------..
/...:- ... -x. .>>:. "
p
Prothonotary
w
.,
$
J,
8
S
8
8
8
8
~
8
8
~
I,
$
8
. ~
8
~
~ 0,.
~
~
$
M
~,
w
','
~
~
'.'
~
'.'
~
~
'.'
~
','
~
','
*-
'.'
~
','
:'i
"
~
','
~
. . . . .
.. ..
7.t, .ff W. t1t9J2j' ~..(jt>l .z, ~~ &r\jJ
7.fJ, .ff 7b~ ~'\a,.~ .t~ M~~t.....
I
i
r.
i
I
I
I
I
r
..
...
.
DIXIE LEE ANDERSON.,
Plaintiff
V.
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNlY,PENNSYLV ANIA
CIVIL ACTION - LAW
NO. 97-2192 CIVIL TERM
RICIIARD F. ANDERSON,
Defendant
IN DIVORCE
MARITAL PROPERTY AND SE'ITLEMENT AGREEMENT
MARITAL PROPERTY AND SEITLEMENT AGREEMENT
This Agreement, made and entered into this /0 day Of}n'l'lro!v-J 1999, between
DIXIE ANDERSON ofSOS East Simpson Stred, Mechanicsburg, Cwnberland County, Pennsylvania,
hereinafter referred to as 'Wife," and RICHARD F. ANDERSON of 317 South Market Street,
Mechanicsburg, Cumberland County, Pennsylvania, hereinafter referred to as "Husband."
WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to
each other on Apri12, 1962 in Westminister, Maryland; and,
WHEREAS, certain differences have arisen by and between the parties as a resuh of \Wich
they have now separated and the parties hereto are desirous of settling fuIJy and finaDy their respective
financial and property rights and obligation as between each other including, without Jimitation by
specification: the settling of all matters between them relating to the ownership and equitable
distn"bution of real and personal property; the settling of all matters between them relating to the past,
preseut and future support, alimony and/or maintenance of Wife by Husband or of Husband ofWJfe;
and in general, the settling of any and aU claims and pOSSl"ble claims by one against the other or against
their respective estates; and,
WHEREAS, both and each of the parties hereto have been advised of their legal rights and the
implications of this Agreement and the legal consequences that may and will ensile from the execution
hereo~ and ClIch has had the opportunity to consuh with his or her own competent legal counsel
independent of each other; and,
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has
fuIJy and completely disclosed all infonnation of a financial nature requested by the other, and that no
information of such nature has been subjeclto distortion or in any manner being misrepresented; and
WHEREAS, other than as set forth herein, Wife desires finaDy and forever to relinquish all of
her right of dower, rights as heir or surviving spouse or otherwise, actua~ currently existing. or
inchoate, in and to the real and personal property of the Husband, now owned by him or which in the
future may be owned by him, and aU rights to collnsel fees, or expenses and other than as set forth
herein, Husband likewise wishes to relinquish aU his rights of curtesy, rights as heir or surviving spouse
or otherwise, actua1and currently existing or inchoate in and to the real and personal estate of the Wife,
currently owned by her or \Wich she may 0\\<11 in the future;
NOW, THEREFORE, the panies hereto intending to be legally bound hereby do hereby
mutually agree as foUows:
I. Advice of Counsel. Husband and Wife acknowledge that they have been given the
opportunity to obtain the advice of counsel regarding the provisions of this Agreement and their legal
effect in advance of the date set forth above to permit such independCllt review. Each party
acknowledges that he or she has had the opportunity to receive independent legal advice from counsel
ofhis or her selection, and that each fully understands the filcts and has been fully infonned as to his or
her legal rights and obligation, and each party acknowledges and a~ts that this Agreement is, and
under the circumstances, fair and equitable, after having the opportunity to receive such advice and
with such knowledge, and that execution of this Agreement is Dot the result of any improper or illegal
agreement or agreements. In addition, each party hereto acknowledges that he or she has had the
opportunity to be fully advised by his or her respective attomey of the impact of the Pennsylvania
Divorce Code, \Wereby the court has the right and duty to determine aU marital rights of the parties
including divorce, alimony, alimony pendente lite, equitable distnbution of aU marital property or
property owned or possessed individually by the other, counsel fees and costs of litigation and, fuDy
knowing the same and having the opportunity to be fully advised of bis or her rights thereunder, each
2
party hereto stiD desires to execute this Agreement, acknowledging that the tenns and conditions set
forth herein are fair, just and equitable to each of the parties, and waives his or her respective right to
have the Court of Conunon Pleas of Cumberland County, or any other court of competent jurisdiction,
make any determination or order effecting the respective parties' rights to a divorce, alimony, alimony
pendente lite, equitable distribution of an marital property, counsel fees and costs oflitigatioo.
2. Sepaudon. Husband and Wife do hereby DUltually agree and consent to live separate
and apart and do further agree that it shan be lawful for the Hushand and Wife at an times hereafter to
live separate and apart from each other, and to reside, from time to time, at such place or places as they
respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each
other.
3. No MoIestadon, Harassment or Interference. Neither party shall molest, harass or
interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her
by any means whatsoever.
4. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein,
in which event such express provision shan take precedence over this paraSJllllh, the parties hereto
intend that from and after the date of this Agreement, neither shan have any spouse's rights in the
property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of
dower or curtesy, rights to inherit, rights to claim or take the Husband or W1fi:'s or filmi1y exemption or
alloWIIDce, to be vested with letters of administration or letters testamental)', or to take against any will
of the other, and each agrees with the other if either should die intestate, his or her share shall descend
to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as
though he or she had died a widow or widower. And each further agrees that should the other die
3
testate, his or her property shaD descend to and vest in those perSGns set fonh in the other's Last Will
and Testament as though the spouse so designated as beneficiary had predeceased the teSlator. The
panies further agree that they may and can hereafter, as though unmarried, without any joinder by him
or her, sell, convey, transfer or encumber any and all resl estate and personal property which either of
them now or hereafter own or possess and funher agree that the recording of this Agreement shall be
conclusive evidence to all of his or her right to do so. The said Husband and Wifu do hereby
irrevocably grant, esch to the other, should the exercise of this power hereby given be necessary, the
right and the power to appoint one or more times any person or persons whom the Husband or Wife
shall designate to be the attorney-in-filet for the other, in their name and in their stesd, to execute and
acknowledge any deed or deeds, releases, quit claims, or satis&ctions, under seal or otherwise, to
enable either party hereto to alienate his or her real or personal property, but without any power to
bnpose personalliabi1ity for breach of warranty or otherwise. Each of the parties hereto further waives
any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and Fiduciaries Code,
and any right to seek or have an equitable distnllution of married property ordered by the Court
pursuant to Section 3S02 of the Divorce <:Ode. Each of the parties hereto further agrees that neither
shall hereafter be under any legal obligations to suppon the other, pay any e"Penses for maintenances,
funeral, buria1, or otherwise for the other, and to that end esch of the parties hereto does hereby waive
any right to receive suppon, alimony, alimony pendente lite, counsel fees, e"Penses, or any type of
financial '....SCattce whatsoever from the other, ~ as otherwise e"Press1y provided for herein,
S, Division of Penonal Property.
The parties agree that they have divided among themselves all of the personal property to their
I11IIlUaI satisfaction including automobiles, all financial accounts, and household furnishings.
4
Neither party shan make any claim 10 any such ileItIS of marital property, or of the so:pante
personal property of either party, wilich are now in the possession and/or WIder the control of the
other.
From and after the date of the signing of this Agreement both parties shall have complete
freedom of disposition as to their separate prollerty wilich is in their possession or control pursuant 10
this Agreement and may mortgage, sell, grant, convey or otherwise encumber or dispose of such
property, \Wether real or persona~ \Wether such property was acquired before, during or after
marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage,
or other instnunent of the other pertaining to such disposition of property .
6, Debts. The parties agree that aD marital debt has been satisfactorily divided. The parties
agree to be responsible for any other individual debts which are presently in their individWlI names BIld
to indenmifY and hold harmless the other for the aforementioned debts.
7, Future Debts. The parties further agree that neither will incur any more future debts for
which the other may be beld liable, and if either party inClUS a debt for much the other wiD be liable,
that party incurring such debt will indenmifY and lIold the other hann1ess from any and aIIliabi1ity
a
thereot:
B . Real Property. None.
9. Support, Alimony and Alimony Pendente Ute. Husband agrees to pay to Wife
alimony in the amoWlt of $40.00 per week for five years beginning the date of this Agreement.
Husband agrees to continue to pay child support for the parties' daughter, Amy until she attains
the age of 18 years or graduates from high school whichever is later. Alimony payments made
pursuant to this paragraph shan be paid directly to the Domestic Relations Office. The parties
5
,
r
;
agree to reduce this Agreement to an Order of Court upon the written reque!>1 of either party.
The parties acknowledge that the alimony provisions herein have been negotiated to take into
account the parties overall economic circumstances and neither will seek a modification hereof in
; ,
; ~
I.
l
f
10.
Pension. Husband agrees that his pensions with the Patriot News and CW A/1TU shaD
i
f :1
~ i
. I
i
any court.
be divided pursuant to Qualified Domestic Relations Orders wherein Wife wiD receive 50% of said
monthly pensions, or $840.54 per month from the Patriot News pension and $65.19 per month from
I
,
the CW A/1TU pension. The parties agree to execute any and aD documents to effectuate this
distribution.
!:
11. Counsd Fees and Court C08ts. The parties agree to be responsible fur their
respective legal fees and court costs incurred in the process of any divorce action or separation
12. Divorce, The parties acknowledge their intention and agreement to proceed in an
r
,
i
!
I
,
!
agreement.
action in divorce to obtain a final decree in divorce by mutual consent on the grounds that their
maniage is irretrievably broken, and to settle amicably and fully hereby aD claims raised by either party
in any divorce action. The parties agree to execute any and aD documents necessary for thll entry of a
fina1 divorce decree,
13, Breach. In the event that either party breaches any provision of this Marital Property
and Settlement Agreement, he or she shaD be responSIble for any and aD costs incurred to enforce the
terms hereof; including, but not limited to, court costs and reasonable counsel fees of the other party.
In the event of breach, the other party shall have the right, at his or her election, to sue fur damages for
such breach or to seek such other and additional remedies as may be available to him or her,
6
14. Enforcement. The parties agree that this marital settlement agreement or any part or
parts hereof may be enforced in any court of competent jurisdiction.
15. Applicable Law and Elecution. The parties hereto agree that this marital settlement
agreement shaD be construed under the laws of the Conunonwealth of Pennsylvania and shaD bind the
parties hert:to and their respective heirs, executors and assigns. This document shaU be executed as
original and muhiple copies.
16. The Entire Agrrement. The parties acknowledge and agree that this marital
settlement agreement contains the entire understanding of the parties and supersedes any prior
agreement between them. There are no other representations, warranties, promises, covenants or
understandings between the parties other than those C);press1y set forth herein.
17, Incorporation and Judgment for Divorce, In the event that either Husband or Wi1C
at any time hereafter obtain a divorce in the action for divorce presently pending between them, or
r
I
otherwise, this agreement and all of its provisions shall be incorporated into any such judgment for
divorce, either directJy or by reference. The Court, on entry of judgment for divorce, shall retain the
right to enforce the provisions and tenu~ of this marital settlement agreement.
18, Additional Instruments. Each of the parties shaU on demand or within a reasonable
period thereafter, execute and deliver any and aU other documents and do or cause to be done any
other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this
Agreement. If either party &iIs on demand to comply with this provision, that party shaD pay to the
other aD attorney's fees, costs, and other expenses reasonably incurred as a result of such &i1ure.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first
written above,
7
. .
WITNESS:
/rrt ~~~
~j47pL
.-& /1 'j r4 atrh.t',,-lJ}J
DIXit LEE ANDERSON
~h"-w/ ;1fc4,,'4>t<t-f.n-n--
RICHARD F. ANDERSON
8
DIXIE LEE ANDERSON.,
Plaintiff
I IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY ,PENNSYLVANIA
: CIVIL ACfION - LAW
: NO.97-2192 CIVIL TERM
I
I IN DIVORCE
,
I
i
,
r
t
I
i
t
I
V.
RICHARD F. ANDERSON,
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:
I. Grounds for divorce: irretrievable breakdoml under Section 3301 (c), 3301 (d)(l) of
the Divorce Code. (Strike out inapplicable section).
t
2, Date and manner ofsezvice of the Complaint: Affidavit of Service, made on April
30. 1997.
3, Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the
Divorce Code: byplaintitT June 10.1999; by defendant May 18.1999,
(b) (I) Date of execution of the affidavit required by see, 3301 (d) of the Divorce
Code:
; (2) Date of filing and service of the
plaintiff's affidavit upon the defendant
4. Related claims pending: None
S. Complete either (a) or (b).
(a) Date and manner ofsezvice of the Notice of Intention to file Praecipe to transmit
record, a copy of which is attached
(h) Date plaintifrs Waiver of Notice in sec. 3301 (c) Divorce was filed with the
Prothonotary: June 16. 1999.
Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the
Prothonotary: June 16. 1999.
~f~/71
'1h'.i
o ey for Plaintiff ""--0
Jacqueline M. Verney, Esquire
44 South Hanover Street
Carlisle, PA i7013
(717) 243.9190
i
~
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO 97- ~ I q), CIVIL TERM
DIXIE LEE ANDERSON,
Plainti ff
RICHARD F. ANDERSON,
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court, If you wish to defend against the
claims set forth in the following pages, you must take prompt
action, You are warned that if you fail to do so, the case will
proceed without you and a decree in divorce or annulment may be
entered against you for any other claim or relief requested in
these papers by the Plaintiff, You may lose money or property or
other rights important to you, including custody or visitation of
your children,
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the First Floor, Cumberland County
Courthouse, South Hanover street, Carlisle, Penns?lvania 17013,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP,
Court Administrator
Cumberland County Courthouse
Fourth Floor
Carlisle, pennsylvania 17013
(717) 240-6200
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 97-.:J1?.;L.CIVIL
DIXIE LEE ANDERSON,
Plaintiff
RICHARD F. ANDERSON,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE
1. Plaintiff is Dixie Lee Anderson, an adult individual,
currently residing at 505 East Simpson Street, Mechanicsburg,
Cumberland County, Pennsylvania, 17055,
2, Defendant is Richard F, Anderson, an adul t individual,
currently residing at 317 South Market Street, Mechanicsburg,
Cumberland County, pennsylvania, 17055,
3, Plaintiff and Defendant are bonafide residents of the
Commonwealth of Pennsylvania and have been so for at least six
months immediately previous to the filing of this complaint.
4, Plaintiff and Defendant were married on April 2, 1962 in
Westminister, Maryland,
5. There have been no prior actions for divorce or
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 the Court to order
VII.
I IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNT\', PENNSYLVANIA
I
: CIVIL ACTION - LAW
: NO.97-2192 CIVIL TERM
DIXIE LEE ANDERSON,
Plaintiff
RICHARD F. ANDERSON,
Defendant
I IN DIVORCE
AFFIBA VIT OF SERVICE BY MAIL
PURSUANT TO Pa.R.C.P. 1930.4 (e)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: S8
I, Jacqueline M, Verney, Esquire, being duly sworn according to law, deposes and
says that she is the attorney for plaintifl; Dixie lee Anderson, and that she did serve a true and
correct copy of the divorce Complaint that was filed in the above matter, by U.S, mai~
postage prepaid, certified with restricted delivery, return receipt requested, unto the
defendant, Richard F. Anderson, on April 30, 1997, The receipt form is attached hereto as
EXlDBIT "A",
o --, (~, }j)- Ii ;r-
i~ M, Verney, Ellquire
44 South Hanover Street
Carlisle, PA 17013
(717) 243.9190
Sworn to and subscribed before me this ~ day of ,~-J , L ~ . 1999,
(---V~I'I\'l\d~^Ctl~"dl
--_N~lic
:,.....,
I aIIo wIIh to receIw lie
foIIawIng NMcu (lor 111
1ldnI1M):
1. Cl Addnllll'aAddrMI ~
2.ru~DIMy j
CclrtIUt poI-' lor 'M. I
4a. Artlc:Ie NutH
P 492 355 862
<!b.S. YJIlI i
[J Regllt.red II CerlIIed
[J Expreu Mall [J lnand f
[J Rolum RocoII>lIot COD II
7. Dal. Del (,.
lI..i 'P I
It ~'TJ J
I .
.CompIole';"'IIWMoI.IoI_-
, .~_I,""ond"
I .,... your rwne Ind'" on" N\IIIM of HI am 10 hi we.., fINn iii
. _10_
._...._10........,..._........-.......-....
. .=--,....~ . ~......__...._-
.lllo__........._....___Illd...-
. -.
II.. '"
Richard Anderson
317 South Market Street
Mechanicsburg, PA 17055
ec:eIved By: IPrlnI_J
['/.. "AI'
v.
I IN TilE COlIR'f 0.' COMMON PUAS ot'
I (:lJMBERI-AND (:OllN'O'.PENNS\,INANIA
I
I CIVil, A(;'J'ION - LAW
I NO. 97-%191 CIVIL 1'ERM
I
I IN DIVORCE
DIXIE LEE ANDERSON,
'1Ilndfl'
RICIIARD F. ANDERSON.
Derendant
WAIVER OF NOTICE OF INTENTION TO REQlJEST ENTRl' ot' A DIVORCE
DECREE UNDER SI:CfION 3301 (C) OF TilE DIVORCr. CODE
1. I OOIlsent to Ihe entry ora finll doeree of divorce wilhout noclce.
2. I understand thlt I IDlY 1010 r1sbu conccmlna IlImon>" divlllon ofproporty,lawyer'a
fOCI or expenlOl if I do nOC claim them before I divorce II.rlntad.
), I understand thlt I will not be dlvorcod until I divorce doer" I, entered by the Court
and thlt I copy of the decroc will be senl to me Immediately after It Is filed with the
prothonocary,
I vcrny thlt the IIltenlCllt' made In thia amdavlt Ire truo Ind correct, I undontand
thlt fallO IIltemonll herein Ire mlde IUbjoct 10 the penlhlea of 18 Pa.C.S. aoctlon 4904
rolatlnS to unsworn fallificltlon to luthorltloL
DatO: .}Lr\.L ::I~ /1 'l Y
/ " () '. t..U?J
D IF. um ANDERSON, Plaintiff
.
DIXIE LEE ANDERSON
Plaintiff
IN THE COURT OP COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
v.
NO, 97 - 2192 CIVIL TERM
RICHARD P. ANDERSON
Defendant
IN DIVORCE
AFPIDAVIT OP CONSENT
l. A Complaint in Divorce under Section 330l(c) of the
Divorce Code was filed on
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety (90) days have elapsed from the
date of service and filing of the Complaint,
3, I consent to the entry of a Pinal Decree of Divorce
after service of notice of intention to request entry of the
Decree.
I verify that the statements made in the Affidavit are
true and correct, I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S.A, Section 4904,
relating to unsworn falsification to authorities,
DATE:
r /I~/ 19
/F~~ ;/l~/t/
RICHARD p, ANDBRs<rn
v.
: IN TIll COURT DF COMMON PLBAS
CUMBIRLAND COUNTY, PINNA,
I NO. 97 - ~19~ CIVIL TBRM
DIXIB LBB ANDBRSON
Plaintiff
RICHARD F. ANDBRSON
Defendant
IN DIVORCI
IfAIVBR OF NOTICB or INTBNTION TO RBQUBST
BNTRY OF A DIVORCB DRCRBB UNORR SBcrION
3301(0) or TUB DlVORCB COOl
1. I consent to the entry ot a final decree of divorce
without notice,
2, I understand that I may lose rights concerning
alimony, division of property, lawyer's tees or expenses if I do
not claim them before a divorce is granted,
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
prothonotary,
I VBRIFY THAT THB STATKMkNTS MADB IN THIS AFFIDAVIT ARE
TRUE AND CORRECT. I UNDBRSTAND THAT FALSS STATEMBNTS HBRBIN ARE
MADB SUBJBCT TO THB PBNALTIBS OF 18 Pa,C,S,A SBcrION 4904 RELATING
TO UNSWORN FALSIFICATION TO AUTHORITIBS,
DATB:
s-;j;( / it;
, ,
;:~",j.!t,,< j t: l,/!~I\~
RICHARD F. ANDBRSON
,~
DIXIE UE ANDERSON.,
Plllndrr
I IN TilE COURT OF COMMON PI,EAS OF
I CUMBERLAND COUNTY,PENNSYLV ANIA
I CIVIL ACfION . LAW
I NO. 97-1192 CIVIL TERM
I
I IN DIVORCE
V.
RICHARD F. ANDERSON,
Delencbnt
QUALIFIED DOMESTIC RELATIONS ORpER
AND NOW, this ~ of
1999, pllllUlllt
to the agreement of the parties by their signatures bereto, it is be y ordered and decreed
as follows:
I. Plaintiff; Dixie Lee Anderson (hereinafter "Alternate Paycc"), bas
n!sed a claim for equitable distribution of marital property, pursuant to the Pennsylvania
Divorce Code, Title 23 Pa.C.S.A Section 101 et scq.
2. Defendant, Richard F. Anderson (hereinafter "Member"), is a
member of the CW A/lTU Negotiated Pension Plan (bereinafter "pension"),
3. Member's date of birtb is July 9, 1943 and his so<:ial security
number is 161-34-2292.
4. Alternate Payee's date of birth is November 17, 1943 and her
so<:ial security number is 186-34-0271.
,. Member's current and last known mailing address is P,O. Box 1'6,
Camp Hil~ Pennsylvania, 170 II.
6, Alternate Payee's current and last mown mailing address is '0'
East Simpson Street, Mechanicsburg, Pennsylvania, 170", It is the responsibility of
Alternate Payee to keep a currCDt
p
,
.
address on file with the patriot News Pension Plan Administrator at
all times,
7, The pension plan provides that an ex-spouse, such as
Alternate payee, may receive a portion of Member's pension pursuant
to a Domestic Relations Order issued by a court of competent
jurisdiction,
8, The marital portion of Member's monthly pension
hereto, subject to equitable distribution, is $130,38 per month,
9, Alternate Payee shall receive the amount of $65,19
each month, COnullencing on the date Member actually enters pay
status with is pension, which represents fifty (50\) percent of
said monthly pension amount subject to equitable distribution,
which further constitutes Alternate Payee's equitable share of
Member's pension,
10. Alternate payea shall be an irrevocable beneficiary
to the pension, however, Alternate Payee is hereby limited to the
aforesaid equitable share amount of the pension and terms au stated
hereto,
11. This Order shall terminate upon the death of Member
or Al ternate Payee, whichever occurs earlier, No portion of
Alternate Payee's equitable share amount hereto shall be payable to
Alternate Payee's estate, and shall revert to Member.
12, In no event shall Alternate Payee have greater
bene!its or rights other than those which are available to Member,
Alternate Payee is not entitled to any pension or retirement
bene!its except those stated hereto, and Alternate Payee expressly
waives any and all rights to any other pension or retirement
benefits, All other rightD. privileges and options offere~ by the
CWA/ITU to Member, which are not granted to Alternate Payee by this
i~
, .
i
,
,
, ;
r
I
~
Order, are preserved for Member.
13, The Court of Conunon Pleas of Cumberland County,
Pennsyvlania, shall retain jurisdiction, and if necessary, shall
amend this Order to maintain its status as a Qualified Domestic
Relations Order at to otherwise comply with any requirements of the
pension plan or the pension plan administrator,
.'
1-0
i
BY THE COURT:
J,
WITNESS:
~7-.L %~
~1~
)}.. } /)
o(JJ<-/L<- (~ u!,L.,ht..u:nv
DIXIE LEE ANDERSON
Plaintiff/Alternate Payee
rF-~/....,-/ 7:' r4,'h<<H>'-'
R CHARD F, ANDERSON
Defendant/Member
DIXIE LEE ANDERSON.,
"alntiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYLV ANIA
I CIVIL AcnON - LAW
: NO. 97.Z191 CIVIL TERM
V.
RICHARD F. ANDERSON,
Defendant
: IN DIVORCE
QUALIFIED DOMESTIC RELATIONS ORDER
AND NOW..... ~.r ~ . ,.......-.
to tho agreement of tho panies by their signatures hereto, it is y ordered and dec:recd
as follows:
1. Plaintif( Dixie Lee Anderson (hereinafter "Alternate Payee"), has
raised a claim for equitable distribution of marital property, pursuant to the Pennsylvania
Divorce Code, Title 23 Pa.C.S.A, Section 101 et seq.
2. Defendant, Richsrd F. Anderson (hereinafter "Member"), is a
member of The Patriot News Co. Single Life Annuity Pension (hereinafter "pension"),
3. Member's date of binh is July 9, 1943 and his soc:ial security
number is 161-34-2292.
4, Ahernate Payee's date of binh is November 17, 1943 and her
social security number is 186-34-0271.
5, Member's current and last known mailing address is P,O. Box 156,
Camp Hill, Pennsylvania, 17011.
6. Ahemate Payeo's current and last known mailing address is 505
East Simpson Street, Mechsnicsburg, Pennsylvanis, 17055. It is the responsibility of
Alternate Payee to keep a current
.""
address on file with the Patriot News Pension Plan Administrator at
all times,
7, The pension plan provides that an ex-spouse, such as
Alternate Payee, may receive a portion of Member's pension pursuant
to a Domestic Relations Order issued by a court of competent
jurisdicticlO ,
8, The marital portion of Member's monthly pension
hereto, subject to equitable distribution, is $1,681,00 per month,
9, Alternate Payee shall receive the amount of $840,54
each month, conunencing on the date Member actually enters pay
status with is pension, which represents fifty (50\) percent of
said monthly pension amount subject to equitable distribution,
which further constitutes Alternate Payee's equitable share of
Member's pension,
10, Alternate Payee shall be an irrevocable beneficiary
to the pension, however, Alternate Payee is hereby limited to the
aforesaid equitable share amount of the pension and terms as stated
hereto,
11, This Order shall terminate upon the deuth of Member
or Alternate Payee, whichever occurs earlier, No portion of
Alternate payee's equitable share amount hereto shall be payable to
Alternate Payee's estate, and shall revert to Member,
. . .
12, In no event shall Alternate Payee have greater
benefits or rights other than those which are available to Member,
Alternate payee is not entitled to any pension or retirement
benefits except those stated hereto, and Alternate Payee expressly
waives any and all rights to any other pension or retirement
benefits. All other rightn, privileges and options offered by the
Patriot News to Member, which are not granted to Alternate Payee by
this Order, are preserved for Member,
13. The Court of Common Pleae of CUmberland County,
Pennsyvlania, shall retain jurisdiction, and if necessary, shall
amend this Order to maintain its status as a Qualified Domestic
Relations Order ot to otherwise comply with any requirements of the
pension plan or the pension plan administrator,
BY THE COURT:
J,
WITNESS:
~Pv-. %.tL..
t
~/J<<
. ) /.l /
cXGj., ;/ '~L.- l-t'J(flttu;J
DIXIE LEE ANDERSON
Plaintiff/Alternate payee
/f.;~,,/?'f A,(~-J
RICHARD F. ANDERSON
Defendant/Member
DIXIB LBB ANDBRSON
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
NO, 97 2192 CIVIL TBRM
v,
RICHARD F, ANDERSON
Defendant/Petitioner
DIVORCB
ORDER
AND NON, this
day of
, 2000,
in consideration of the Petition For Special Relief filed hereto,
it is hereby ordered and decreed that the alimony award to
Plaintiff/Respondent Dixie Lee Anderson, as stated in the parties'
marital agreement, incorporated into the Decree in Divorce dated
July 2, 1999, is hereby terminated as of November 27, 1999,
BY THE COURT:
J.
..
DIXIE LEE ANDERSON
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA.
NO. 97 2192 CIVIL TERM
v.
RICHARD F, ANDERSON
Defendant/Petitioner
DIVORCE
PETITION FOR SPBCIAL RELIBF
OF DBFENDANT/PETITIONER, RICHARD F. ANDERSON
TO THE HONORABLE, THE JUDGBS OF SAID COURT:
1, petitioner is Defendant Richard F. Anderson, an adult
individual who current address is P,O, Box 156, Camp Hill,
CUmberland County, Pennsylvania,
2. Respondent is Plaintiff, Dixie Lee Anderson, whose
last known address is 505 East Simpson Street, Mechanicsburg,
CUmberland County, Pennsylvania,
3. The parties were divorced on July 2, 1999 and the
parties' Marital Agreement, dated March 10, 1999, was incorporated
into the Decree in Divorce. A true and correct copy of the Decree
in Divorce and the first page of the Marital Agreement is attached
as Exhibit "A",
4, Paragraph 9 of the Marital Agreement provides that
petitioner is to pay alimony in the amount of $40,00 per week for
five (5) years, which amount and term are not modifiable, and the
payments are to made through Domestic Relations,
There is no
reference to re-marriage, death or cohabitation, A true and
correct copy of paragraph 9 of the Agreement is attached hereto as
Exhibit "B",
5. On November 27, 1999, Respondent re-married.
6. Pursuant to Title 23 Section 3702(e) "Remarriage of
the party receiving alimony shall terminate the award of alimony,"
7. Petition submits that the remarriage of Respondent
conotitutes a termination of alimony pursuant to 23 Section
3702(d); and further, the Marital Agreement is incorporated into
the Decree in Divorce, and subject to the provisions of the Divorce
Code,
,
t
WHEREFORE, Defendant/Respondent, Richard A, Anderson,
hereby respectfully requests Your Honorable Court to terminate the
award of alimony as of November 27, 1999.
Respectfully submitted:
James W, Abraham, Esq,
Abraham Law Offices
513 North Second St.
Harrisburg, PA 17101
(717) 232-7825
Attorney for Petitioner/
Defendant, Richard F, Anderson
DATE: 4/7/00
,
-:.:- .:.:. .:.;. 'A'- .:<<., -:.;. .:+:. .:.:. ":C,'-'>>'~''''~'''''' .~-.' ,....... ,'-. .'..... .'.... .'..... ,'M', .'....'''"....'''".~....A:OJ ';9.' ,,-.0 ....'.1'."..... .'..... .,_,,-.'.A1<i)GI
~ _ ....::::: ~~. - - .~, ~. .T. .- ,... ~..~. ......... . ..,~ .~. .- ~-~':a
, !.,
~ . I~
~
~
~I
~
~
,
~;
.'
~
,;;
.,
~
~,
,;,
.,
~.
~
~
,;,
.,
IN THE COURT OF COMMON
PLEAS
~
ij
~
~
g
~
S
s
~
~
~
~
~
~
~~
OF CUMBERLAND
STATE OF ~
~
COUNTY
PENNA.
Dixie Lee Anderson
II N () ,......?7.::~7..\?2 ................
Ii
ii
'I
i!
,
,I
.......UIo~Il~~U ..
VCI'SUS
R~char.~.F, Anderson
Dl\~!lIl!l"M
"
~
. J
~J
'7.)
~I
_,.1
./
~i
l~
l~
l..
. ~ "='
i~
, .
DECREE IN
D I V 0 R Cifi it3 ~j..7 f1t
h!a2-
AND NOW, ,. ,....' ".,....."".,.. 19. ..,.. it is ordered and
decreed that. ,. .... . , ", de ,Loe .Andouon. ., , . , . . . , . . . ." . ". plaintiff,
and, . ... .. .. .. . , .. , , .... ~~!'~!'r.~. r... ~~~r.~!'!'. .. .. , . , , .. , .... '. defendant,
ora divorced from the bonds of matrimony,
;~
/:
J.
~~
l~
,;,
.,
~!
(.
~
~
.:i
.,
~
)."
~~
!~
!~
J .'
i.~
. ,.
, '
.~
,','
,;,
...
.'
~
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;
$
$
~
~.
w
~,
The Parties' settlement agreement dated March 10, 1999, io
.... ,..... ......... .... ....... ,....... .... ,..... ,.... ...... ..,.........
."
. .
;~
'"
...
~P99rp\lr~~~II. \1H13~n.llllll. ~!l13. CPI1~~. !lllli. jl1~.b~;1I'~J,PIl. PY/l~. liP. other. cla.im.s.,. . .
~
.'
, .
,~
~
,.'
Prothonotary
~
~
,~
J.
'. ~
,~
p
~
~
...
~'
~
?
~
~
/.:- ~:- ,~:' ':.:.
I~
...
! .
/,',
;~
:;;.-'.;:: -::;;-::;:.-:;;-~:;;~-::.;~ ::;:~~~:.:.-.:.; <~:~
MARITAL PROPERTY AND SETILEMENT AGREEMENT
This Agreement, made and entered into this 10 day of 'In Q 11~ . 1999, between
DIXIE AlYDERSON of 50S Elst Simpson Street, Meclw1icsburg, Cumberland County, Pennsylvania,
hereinafter referred to IS "WIfe," and RICHARD F. ANDERSON of 317 South Market Street,
MechanIcsburg, Cumberland County, Pennsylvania, hereinafter referred to IS "Husband. If
WHEREAS, the partiee hereto are now Wife and Husblllld, hiving been Iawftwl married to
each other on April 2, 1962 in West-nmider, Maly1and ; and,
WHEREAS, certain dIfferences have arisen by and between the parties as I resuh of which
they have now separated and the parties hereto are desirous of settling fully and finaDy their respective
financial and property rights and obligation as between each other including, without limitation by
specification: the sett1ing of all matters betWeen them relating to the ownershIp and equItable
distribution ofreal and personal property; the settling of all matters between them relating to the plst,
present and future support, alimony and/or maintenance of Wife by Husband or of Husband of Wife;
and in general, the sett1ing of any and all claIms and possible claims by one against the other or against
their respective estates; and,
WHEREAS, both and each of the parties hereto have been advised of their legal rights and the
implicatiOll5 of this Agreement and the legal consequences that may and will ensue from the execution
hereo~ and each has had the opportunity to consuh with his or her own competent legal counsel
independent of each other; and,
WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has
fully and completely disclosed all information of 8 financial nature requested by the other, and that no
information of such nature has been subject to distortion or in any manner being misrepresented; and
WHEREAS, other than as set forth herein, Wife desires 6na1ly and forever to relinquish aD of
.~
,
"
~
Neither pany shall make any claim to any such itetm of marital property, or of the separate
personal property of either party, which are now in the possession and/or under the control of the
other.
From and after the date of the signing of thi, Agreement both parties shall have complete
freedom of disposition as to their separate property which is in their possession or control pursuant to
this Agreement and may mortgage, seD, grant, convey or otherwise encumber or dispose of such
property, whether real or personal, whether such property was acquired before, dwing or after
marriage, and neither Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage,
or other instnunent of the other penainingto such disposition of property.
6, Debts. The parties agree that an marital debt has been satisfactorily divided. The parties
agree to be responsible for any other individual debts which are presently in their individual names and
to indemnifY and hold harmless the other for the eforementioned debts.
7. Future Debts. The parties further agree that neither will incur any more future debts for
\Wich the other may be held liable, and if either party incurs a debt for which the other will bIlliable,
that party incurring such debt will indemnifY and hold the other hannless from any and an liability
thereot:
8 , Real Property. None.
9. Support, Alimony and Alimony Pendente Ute. Husband agrees to pay to Wife
alimony in the amount of$40.00 per week for five years be~g the date of this AgreemCl}t.
!lusband agrees to continue to pay child support for the parties' daughter, Amy until she attains
the a~e of 18 years or paduates from high school whichever is later. Alimony payments made
pursuant to this paragraph shall be paid directly to the Domestic Relations Office. The panies
5
EXHIBIT
I~
I
"
1
1\
!
agree to reduce this Agreement to an Order of Court upon the wrinen request of either party.
,
j
; I
. ~-~
,
The parties acknowledge that the alimony provisions herein have been negotiated to take into
account the parties overall economic circumstances and neither will seek a modification hereof in
a
any court.
.
10. Pension. Husband agrees that his pensions with the Patriot News and CW AIITU shall
be divided pursuant to Qualified Domestic Relations Orders Merein Wife will receive ~o% of said
monthly pensions, or $840.~4 per month from tho Patriot News pension and $65.19 per month from
the CW AIITU pension. The parties agree to execute any and all documents to effectuate this
distribution.
11. Counsel Feea and Court Coats. The parties agree to be responsible for their
respective legal fees and court costs incurred in the process of any divorce action or separation
agreement.
12. Divorce. The parties acknowledge their intention and allf""""'"t to proceed in an
action in divorce to obtain a final decree in divorce by IIlIIlUIIl consent on the grounds that their
marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party
in any divorce action. The parties agree to execute any and all documents necessary for the entry of a
IinaI divorce decree.
13. Breach. In the event that either party breaches any provision of this Marital Property
and Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the
terms hereo( including, but not Hmited to, court costs and reasonable counsel fees of the other party.
In the event of breach, the other party shaI1 have the right, at his or her election, to sue for damages for
such breach or to seek such other and additional remMies as may be available to him or her,
6
CBRTIrICATB or SBRVICB
I, James W, Abraham, Esquire, the undersigned, do hereby
certify that I have served a true and correct copy of the foregoing
document, by first class mail, on the date indicated below, to the
following person(s) :
; j
~.
Jacqueline M, Verney, Esq,
44 South Hanover St,
Carlisle, PA 17013
Atty. For Dixie Lee Anderson
DATE: 4/7/00
-~-
James W. Abraham, Esquire
DIXIE LBB ANDERSON
plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
NO, 97 2192 CIVIL TERM
v,
RIC~ F, ANDERSON
Defendant/Petitioner
DIVORCE
ORDER
AND NOW, this
I <oJ" d f
I ay 0
a'wL;
,
, 2000,
in consideration of the petition For Special Relief filed hereto,
it is hereby ordered and decreed that the alimony award to
Plaintiff/Respondent Dixie Lee Anderson, as stated in the parties'
marital agreement, incorporated into the Decree in Divorce dated
,
f
r'
r
I
f
,
July 2, 1999, is hereby terminated as of November 27, 1999,
BY THE COURT:
tdfUW .fY)cJ.l
?-J7-0a
I\~
J,
"
,.
DIXIE LEE ANDERSON
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA,
NO, 97 219~ CIVIL TERM
DIVORCE
RICHARD F, ANDERSON
Defendant/petitioner
MOTION TO MAKE RULE ABSOLUTE
TO THE HONORABLE, THE JUDGES OF SAID COURT:
1, Defendant/petitioner, Richard F, Anderson
("Petitioner") filed a petition for Special Relief on April 7, 2000
requesting termination of alimony payments to Plaintiff/Respondent,
Dixie Lee Anderson ("Respondent") pursuant to her re-marriage on
November 27, 1999,
2. The Court issued a Rule dated April 13, 2000, to show
cause why the relief should not be granted, which Rule was
returnable within twenty (20) days from service,
A true and
correct copy of the Rule is attached hereto and made part hereof as
Exhibit "A,"
3, Said Rule was served by certified mail upon counsel
for Respondent, Jacqueline M. Verney, Esquire, on April 21, 2000,
who then responded to counsel for petitioner by letter dated May 1,
2000 confirming that Respondent will not be responding to the
Petition hereto, A true and correct copy of the U,S, Post Office
certified mail return receipt card to Attorney Verney and the May
1, 2000 letter is attached hereto and made part hereof as Exhibit
ItB"
4, No answer to the Rule has been filed by Respondent in
accordance with Attorney Verney's letter,
WHEREFORE,
Petitioner respectfully requests Your
Honorable Corut to enter an Order terminating the award of alimony
to Respondent effective November 27, 1999,
~ Ry;200witte.,
James W, Abraham, Esq,
Abraham Law Offices
513 North Second St,
Harrisburg, PA 17101
(717) 232-7825
Attorney for Petitioner
DATE: 7/10/00
Ii
APR 11 2000tJ '
DIXIE LEE ANDERSON
Plainti~~/Respondent
IN THE CDURT OF COMMON PLEAS
CUMBERLAND COUNTY, PBNNA.
NO, 97 2192 CIVIL TBRM
v,
RICHARD F, ANDBRSON
De~endant/Petitioner
DIVORCB
RULB
AND NOW, this n+h day of
, 2000,
a Rule is issued upon Plainti~~/Respondent, Dixie Lee Anderson, to
show cause as to why the relief requested in the Petition For
Special Relie~ of Defendant/PetitionRichard F. Anderson, should not
be granted,
This Rule is returnable within J..O days of service,
BY THE COURT:
/.3/ +HM 1 ~IlLJ
J,
<.
. ,
f
I
. Con'~ I\flllI 1, 2, end 3. AIIa~'
110m 4 " RoItr1c11l1 DoINIfY 10 dIIiIIlI.
. Print 'fO'JI _ end IlIdI'4II on thorov....
10 tIIIt WI con return tho con:t to you.
. Attoch lhlo con:t u. tho boCk 01 tho moIlp1oc1,
0( on tho front " IpICI pormltl.
')';.;::rrlO~ N. Vl'(~~1.
'f'f !k'H- Ha~oV~1' v~
Carl/sloe, 1')1 I7tJ/3 r
~~
\'I;
otJ.,.
D __from 1
"YES.....---
I'
3.~1'jpI
P"~ Moll C ~ Moll
C RogiI\orIlI C -... - "" -...-
[] _ Moll C C.O.D.
.. __lloIIwr(I IE<" Fool C '1M
a. MIdI NumblrPflY*""'_lIboO
pol/' dlVl./. 7""-3' " "
PS Form 3811, July 1999 DomMtlo --
"
1CII2'V....t1ll '
. .. .._.-d
I
"
.~
EXHIBIT
I is
LAW OFFICE OF
JACQUELINE M. VERNEY
ATTORNEY AND COUNSELOR AT LAW
May I, 2000
James W. Abraham, Esquire
5 \3 North Second Street
Harrisburg, P A 1710 I
Re: Anderson v. Anderson (Skelton)
No. 97-2192
IN DIVORCE
Dear Jim:
I have discussed your Petition for Special Relief with Ms. Skelton. We have
detennined that Mr, Anderson owes Ms. Skelton $1,000.00 representing payment from June
4, 1999 to November 27,1999, the date of the remWTiage, (25 weeks at $40.00/wk). The
credit for the overpayment of$789.15, pursuant to the Order of July 27,1999, would reduce
the amount to $210.85. Ms. Skelton has not received any payment since the July 27,1999
became effective. However, in light of the small amount to be recovered, Ms. Skelton has
decided not to respond to your Petition.
As we discussed in our telephone conversation, there were three changes to be made
to the QDRO. I have enclosed a copy of the QDRO with the changes initialed by Ms.
Skelton. Please have Mr. Anderson initial the changes and return to me for tra!1sminalto the
Pension fund.
If you have any questions, please cont3ct me.
Very truly yours,
~ lh. ~'-'d
acqueline M. Verney, Esquire
JMV/mos
Enclosure
cc: Ms. Skelton
44 SOUTH HANOVER STREET, CARLISLE. PA 17013 (717) 243.9190 FAX 243.3518
CBRTIPICATB OF SBRVICB
I, James W, Abraham, Esquire, the undersigned, do hereby
certify that I have served a true and correct copy of the foregoing
document, by first class mail, on the date indicated below, to the
following person(s) :
Jacqueline M, Verney, Esq,
44 South Hanover St,
Carlisle, PA 17013
,"
>
DATE: 7/10/00
~
James W. Abraham,
-
Esquire