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HomeMy WebLinkAbout97-06981 'I I' '1 .. ',' 'I '~ ~ ~ ~, ~ ,I '~ "'-" ", ,I , ; / " -'" ,,# ( ~ ' ~' " ,~ ~ .~~'~--~----*******.~.~*)*.~;'-*~-*~~'~ e ,-,----,---...~.- ....-.. -. ...,............. .... . . , ., ......'.. '.." '" '-. .,....,..'....... * I , ~ $ -~ " ~ ~ t, S ~ ~ s, 8 ~ ~ ~ ~ $ 8 ~ ~ 8 $ ~ ~ ....,. .. ~..~Mo-:c... .- " ~ w " $ @ ~ ..:. " ." ~ $ ," ~ ..:. " -" ~ .', ." " ..:. " w ',' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~! PENNA. IRA E. WAGNER, SR., Plaintiff N (), 97-6981 II) V\'I';~1t:; OORIS J. WAGNER, Oefendant DECREE IN D I V 0 R C E tit 1(') " f.l~ "'~" ,.~, it is ordered and decreed thot ,..,.. ,~~~..,..,......,......,... plaintiff, and"", """ Oorl~, .I,', ~~~n~!"" "'" ", 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; , , , , , , :r,he, pa.rtIes.'. Sepa.r,a,tlon, an,d P.rop,er,t,y, ,S,e,t,t,l,e,m,e,n,t, ,Ag,r.e,e,me,nt". ,d,a,t,e,d, , , , , , AP,r..l.l, .1", .1,9,9,9" .1,5 ,i.n.c.o,rp.or,a,t.e,d, here.!.", .b.u,t, Jl0,t, me.r.g.e.d., , , , , , , , , , , . , , , ....- ' .,~-~**.*.~~,*.*..~..~..*.,~,.~:',*..~..~..*..~* 8 v. ... .I, $ ~ " M " ~ $ ~ " ~ ',' ,', ~ ~ ~ ',- M " ~ " ~ " ~ '. M '. S M '. ~ ... ~ " $ ~ '.. ~ ',' * ~ ... I~ I'~ .. ~ ~ ',' ~ ~ ~ ~ ~ ~ :~ ~ -:4(- '" ~PARATION A~ PBQfE.!UY SETTLEMENT AGREEMENT nuSAGREEMENT,madethis I $ "lday of !+fr, ( ,1999, by and between DORIS 1, WAGNER, of232 Henderson Street, Apt. 2, Carlisle, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to lIlI "Wife", AND IRA E. WAGNER, SR. 1243 Pine Road, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to lIlI "Husband", WITNESSETII: WHEREAS, Husband and Wife were married on March 7, 1965, in CarUsle, Cumberland County, Pennsylvania; and, WHEREAS, Husb.VId and Wife are residents of the Conunonwea1th of Pennsylvania and have been so for at least the past six months; WHEREAS, certain difftrences have arisen between the parties hereto which have made then desirous of living separate and apart from one another lIlI they have done since August 1997; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determiIwl their rights to alimony and support and any other matters which may be considered under the Divorce Code; and, WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle aIllinancial and property rights between them; and, WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned lIlIsetS, the provisions for the liabilities they owe, and provisio,ns. for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing, NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as foUows: ARTICLe. SEPARATION 1.1 It sha1I be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such pluce or places as they shall respectively deem fit, free from any contro~ restraint, or interference, direct or indirect, by each other, Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dweU with him or her by any legal or other proceedings, The forgoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart, ARTICLE n DIVORCE 2.J. This Agreement is not predicated on divorce, It is specifically understood alld agreed by and between the pllrties hereto that each of the said parties does hereby WSlTant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non- prosecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from conunencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall, be instituted by the other party, or making any just or proper defense thereto, It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute! the Agreement. Husband and Wife each knowingly and understarldingly hereby waive any and I' ~ , all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole of in part, Husband and Wife do each hereby warrant, COVCJWIt and agree that, in any possible event, h!l and she are and shall forever by estopped from wertins any ilIcgality or unenforccablility as to all or any part of this Agreement. u ~- . It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party lIS I final settlement for all purposes whatsoever, Should either of the parties obtain I decree, judgment or order of separation of divorce in any othel' state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covCllants shall not be affected in any way by any such separation and divorce. u This Agreement shaI1 survive any decree in divorce and shall be forever binding and ronc1usive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. AR.Tl~LE m EOUIT ABLE DlSTRlBUTIQN OF MARITAL PROPERTY u The p811ies have attempted to divide their marital property in a manner which conforms to the criteria set forth in the PeMsylvania Divorce Code, and taking into account the following considerations: length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income. vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital ~scts and income; the sources of income of both parties., including but not limited to medical, retirement, insurance or olher benefits; the contribution or dissipation of each party in the acquisition, preserntlon, depreciation, or appreciation of marital property, including the contribution of a party as a homenWcer; the value of the property set apllrt to each party; the standard of living of the parties esljlblished during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. .u The division of' existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting lruuital property, with exception of the mort8ll8e of the real estate described in paragraph 3.6 herein, The division of property under this Agreement shall be in full ~sfaction of all rights of equitable distribution of the parties, u Personal Property, The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction, Parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property of assets that in other party's possession, 1.4 Life Insurance. Each party agrees that the other party shall have and retain sole ownership and possession of any life insurance policy owned by the other party, Each party shall have the right to borrow against, cash in policies, change beneficiaries, and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who owns such policies, u Subsequentlv Acquired Property. Husband and Wife hereby waive and relinquish any and all rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquire by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the lJUlfl'iaae relationship. M &al Estate. The parties are the joint owners of real estate located at 1243 Pille Road, Carlisle, Cumberland County, PeMSylvania which is currently held in the parties' joint 11lIl1Ie3, This property is unencumbered and has an agree.d upon fair market value of$65,000.00. Parties agree that Husband shall secure a mortgage on the said premises in an amount sufficient to provide Wife with payment of $32,500.00 to compensate her for a one-half interest in the aforesaid real estate. At the time of refinancing and payment to Wife, Wife shall provide to Husband a special warranty, fee simple deed providing him with all of her right, title and interest in the aforesaid real estate. She sha1l execute such deed and have it appropriately witnessed and nolllrized so that a photocopy of that signed, witnessed and notarized deed can be provided to the banking institution with whom Husband is securing his mortgage. Wife or her legal counsel shaIJ then provide the signed, witnessed, and notaJized deed contemporaneously with Husba..1d refinancing and providing Wife or her legal counsel with the afOl'esaid sum ofS32,500.00. Upon payment of the S32,500.00 and exchange of the deed neither party shall have any additional claims of any nature whatsoever against the other party relative to any legal or equitable aspects of their ownership of the aforesaid real estate. Wife shall make no additional claims of any nature whatsoever, legal or equitable, relative to the ownership of the properly and Husband shall make no claim for any type of reimbursement from Wife for any aspects of ownership of the property. u Pension. Retirement. Profit-Sharinll. Husband is a participant in the Central Pennsylvania Building Tradcs Annuity Fund which retii'ement account has a vested marital value of SI,026.70. Husband shall compensate wife for a one-half interest in the aforesaid account by disbursing to her the sum of S513.35 contemporaneously with disbursing the aforesaid S32,500.00 lump sum payment providing her with a "buy-out" or her interest in the jointly held real estate. Upon payment to Wife of the S513.35, Wifc sha1l havc and make no clainl of any nature whatsoever against Husband's interest in the Central Pennsylvania Building Trades Annuity Fund from that point forward. Further, Wife shall execute any and all neces:.ary documents to waive, relinquish or transfer any and all right, title and interest she has or may have in tho aforesaid fund, either individually or through her marriage to Husband, within 15 days of being requested to do so by Husband. In addition, Husband is a participant in the Keystone District Council Carpenters Pension Fund. TIle marital portion of the life annuity monthly benefit to which Husband is entitled based upon the parties separation date of August 1997 is S956.30. It is acknowledged that this monthly benefit is marital property. In order for Wife to receive the one-half interest in the aforesaid life annuity Husband agrees to execute a Qualified Domestic Relations Order (QDRO) to provide for wife to receive the sum of $478.15 per month beginning with the first month of Husband's receipt of retirement benefits foUowing his retirement. Wife shall then continue to receive the aforesaid sum as long as husband continues to receive his retirement benefits. The QDRO shall be prepared by Husband's legal counsel and submitted to Wife's legal counsel for approval. Upon confirmation that the QDRO is acceptable to both parties and counsel, it shall be submitted to the Keystone Diftrict Council Carpenters Pension Fund for review and approval. Thereafter, the QDRO shall be submitted to the court and approved so that a signed copy can be submitted to the Keystone District Council Carpoenters Pension Fund for implementation. With respect to the Keystone District Council Carpenters Pension Fund, once the QDRO has been executed and implemented as aforesaid, Wife shall make no additional claim of any nature whatsoever relative to additional benefits from the aforesaid pension fund. Husband's sole and exclusive responsibility for providing wife with any portion of the aforesaid ,,,' .~""I""'" pension fund is through the QDRO set forth herein. Wife shall make no claim of any natUre whatSOfNer beyond her rights under thc QDRO. Except for the pension Qr retirement accounts references above, neither party has any additional retirement, pension, profit-sharing, 4{) 11(, or similar accounts in their name to which they have any rights or benefits. u y~hicles. Husband shall retain as his sole and exclusive possession the 1994 Ford pickup truck that he has in his possellSion at present. Husband shall retain sole and exclusive responsibility for the payment of any loan or encumbrance due and owing on the aforesaid vehicle, Wife shall make no claim of any nature whatsoever relative to a.cce1lS or use of the aforesaid vehicle from this time forward, Wife hereby waives, relinquished and tranSfers any and all rights to ownership she has in the aforesaid vehicle and will execute any necessary documents to transfer her interest within 15 days of being requ~ted to do so by Husband or his legal counsel. Wife shall retain as her sole and exclusive possession the 1992 Chevrolet Lumina that she currently has in her possession. Wife shall retain sole and exclusive responsibility for the payment of any loan or encumbrance due and owing on the aforesaid vehicle. Husband shall make no claim of any nature whatsoever relative to the a.ccess for use of the aforesaid vehicle from this time forward. Husband hereby waives, relinquishes and transfers any and all rights to ownership he has in the aforesaid vehicle and wiU execute any necessary documents to transfer his interest within 15 days of being requested to do so by Wife or her legal counsel. In addition, the parties are the joint owners of a mobile home that is presently located at the former marital residence of 1243 Pine Road, Carlisle, Cumberland County, PeMSylvania, The aforesaid mobile home shall become Husband's sole and exclusive possession. Wife waives, relinquishes and transfers any and all right to ownership she has in the aforesaid mobile home and will execute any and all necessary documents to transfer her interest within I S days of being requestf'.d to do so by Husband or his legal counsel. From the date of execution oCthe agreement forward, Wife has no and shall make no claim of any nature whatsoever relative to ownership, interest, legal of equitable ownership interest in the aforesaid mobile home or to any rights ofownersltip of any aspects of the mobile home. u Intanglble Persolllll Property. The parties have already transferred or waived rights or interests in their intangiblc personal property including their various bank lICCOuntS, credit union accounts, investment accounts, and the like. Neither party shall make any claim of any nature whatsoever against the other relative to any financial accounts that continue to ex.ist or any accounts that were closed by either party. Neither party shall make any demands for additional payment of cash from one to the other from the time of execution of this agreement forward, ARTICl,E IV ALIMONY. ALIMONY PENDENTE LITE. SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTF.N~ ti The parties acknowledge that Wife is rec.eiving spousal support through the Cumberland County Domestic Relations Office docketed to PACSES Case No. 457??oo78 and Order No. 675 S 97, and DR No. 26,732. Husband shall continue to be obligated to make payment on the aforesaid account based upon the parties circumstances at any given time. The order presently in effect shall continue in effect unless either party files a Petition for Modification. Spousal support is modifiable based upon a change ill either parties' circumstances as may be dictated by the Cumberland County Domestic Relations Office. The spousal support shall continue until such time as Husband retires and Husband and Wife both begin receiving their monthly retirement benefits as set tOlth under the Qualified Domestic Relations Order referenced in paragraph 3.7 above. In the event the parties conclude their divorce prior to Husband's retirement this order shall convert from spousal support order to an alimony pendente lite order, or alimony order, as would be appropriate under the circumstances. ia being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of thla Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion of improper or illegal agreement or agreements. ~ r, Counsel Fees. Each party agrees to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. ~ Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for aU times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income aud gain from property hereafter accruing) of the other or _g"in.v the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, of any party thereot: whether arising out of any former acts, contracts, engagements, of liabilities of such other as by way of dower ofcunesy, ofclaiml in the nature of dower or curtesy of widow's or widower's rights, family exemption, or similar allowance, of under the intestate laws, or thc right to take against the spouse's Will; or the right to treat a Iifetim.e conveyance by the other as testamentary, of all other rights of a surviving spouse to participate in a decea.,oo spouse's estate, whether arising under the laws of (a) Pennsylvania, (Q) any state, commonwealth or territory of the United Slates, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendent lite, counsel fees, costs or expensea, whether arising as a result of the marital relation or otherwise, e)(cept and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement a fuU, complete, and general release with respect to any and all properly of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and asreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. u Bankruptcy. The parties agree that any and all financial obligations assumlld herein shall DOt be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 3.6, 3.7, 3.8, 4.1, and 5.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shall be available to the party not filing bankruptcy. u Warrantie~. Each party represents that they have not heretofore incurred or contracted for any debt, liability or obligation for which the estate of the other party may be respol1Slble or liable, except as may be provided for in this Agreement. Each party agrees to indemni1Y or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising our of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of the Agreement,. except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the othar may be liable. this Agreement shall be valid and contiuue in fWl force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles I/J1d sections herein shall in no way void or alter the remaining. obligations of the parties. ill It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. ill Disclosure. The parties each warrant tUld represent to the other that he or she has made a fun and complete disclosure to the- other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of ever type . I whatsoever, and all other facts relating to the subject matter of this Agreement. ill Enforceability and Consideration. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have l,een fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the cor.sideration for all agreements herein contained in stipulatoo, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event I , vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IRAE. WAGNER, SR., Plaintiff DORIS 1. WAGNER, Defendant 97-1, 11/ CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set fonh 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 Nliefrequested in these papers by the Plaintiff. You may lose money or properly or other rights imponant 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 Cumberland County Courthouse, One Counhouse Square, Carlisle, Pennsylvania, 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 TInS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEI.EPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator 4th Floor; Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 1'" h 11' , 7. Plaintiff has been adviaed of the availability of counseling and the right to request that the court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant arc citizens of the United States of America. 9. The parties' marriage is Irretrievably broken. 10. Plaintiff desires a divorce and it is believed that Defendant will after ninety (90) daya from the date of the filing of this Complaint consent to this divorce. WHEREFORE, Plaintiff requests your Honorable COlJrt to enter a Decree in Divorce under Section 3301 (c)ofthe Domestic Relations Code. II. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make his condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301(aX6). ~ 13. Paragraphs I through 12 are incorporated herein by reference as if set forth in their fuU text. 14. The parties have been living separate and apart sillce 1995. 2 I I (l ..n n ,7 ..lJ ',1 !.~ .I "'T.lti ~'l , :', .'r, l\lI.i ,,'..) 'I" . .-'. .1 - It.\ " .'. ~ r1 ij'j, di :11:) ,( ~~i~. i~.' ",'J \: :,J I_'-;(~ - . :~ (:" '~ \11 :J;";~" r;.? -"..1 ., ':,~ ~] :::> :',) ,;- .<. " , ' IRA E. WAGNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL AC1'ION . LAW v. DORIS ], WAGNER, Defendant ; NO. 97-6981 CIVIL TERM : IN DIVORCE 1. A. Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on December 18, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days since the Complaint was filed on December 18, 1997 and served on December 26, 1997. 3. I consent to the entJy of a finaJ Decree c.f Divorce aftl'lr service of notice of intention to requeat ontry of tlle decreea. I VERITY TIlAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT, IlJNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBmCT TO THE PENALTIES OF 18 Pa.C.S. 14904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. DATE: ~ .<~ /9J9 Q~ ~AJ~A1dAJ DORIS J. WAG Defen~ I' ~ U) ~ \,0 -r1fti :J: 'J :no ~h;J4 ~1Ln -< c;iS, I '7~ W " ~ ~ J ri6 "'" ',\!'1" ~ :r: i';~ l-'.,;I~ "'IP ~'O - ,'5 " 'c .. -I ~ Ul ~ __'..L.t , I" I t;,) ", (") ~-: "0 "\') ,-,;.1; r;"1 I ''\ .' (1~! I ' :") ..:i j ~ ...., ~ ,.1 , ......r.. : , II ~:(! T CI. ',\. (P:; " "") ~\ ; .. . .,., ". - ( , ' ( .......J jl " ~... ., ~- t :,;.... -" ..J ':J :O.J ", .~- -', , , I_I , , g :7j ~ :.l~ :J: ~J ifp,!5 J>o .ilf _9-1 -c: ZCO' I ~'? ({I.f:: (v --<.r.. d~ !;'.:;r,'i "n '':1 :r;8 '1.: ::J; !':J~ );r;; - t~1 .. ~ 1', ~ '-II - I , I " /' ' , , i IRAE. WAGNER, SR., . Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION . LAW VI. DORIS 1. WAGNER, Defendant : 97-6981 CIVIL TERM IIrr!MVIT or ~I:IlV.I(,r: AND NOW, this 5th day of Ianuary, 1998, come~, Bradley L. Griffie, Esquire, Attorney for Plaintiff, Ira E. Wagner, Sr., and states that he personally mailed a copy of the NOTICE TO DEFEND AND CLAIM RIGHTS and COMPLAINT IN DIVORCE to Doris 1. Wagner at 243 Hendersen Street. Apartment 2, Carlisle, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on December 26, 1997. Sworn and subscribed before me, a notary public, this 5th d;J:.anUary 1998. . - l:~/; )! lUI.{~'/'c J _._.~otarjf)1 Seal l.eat, A MIII.r. Notary Public Ollrll,l. Bora. CumtlfJrland CO\Jnly My COmmlulon E,p,,~. "'plll I~, ~ono V" ..... ) , . ! t' I I I ! i , ! (j 1..0 (',J '::0 C ,." " 11::' '- -j " ..../1 '7J - ;'1-. , , , I ii~ .' ... , ,'I \, , ~'r -. ..~ ':;';) ~O ~ -~ a '.(') ~ .. ';In - ;:;~ I ,g ~b .~ 'I \ / 12. Denied. On the contrary, Plaintiff has committed such indignities upon the person of the Defendant, the innocent and injured spouse, as to make her condition intolerable and life burdensome. COUNT III 13. Pursuant to the Pennsylvania Rules of Civil Procedure, no answer is deemed necessary, however, ifan answer is deemed necessary, the same is denied for the reasons set forth in paragraphs I through 12, which are hereby incorporated herein by reference as though the same were set forth herein at length. 14. Denied. The parties have been living separate and apart since August 10, 1997. COUNTERCLAIM COUNT I Defendant above named, Plaintiff on the Counterclaim, by her attorney, Scott M. Staller, Esquire, files the following Counterclaim and respectfully represents: 15. Paragraphs 1 through 14 above are hereby and herein incorporated by reference as though the same were set forth herein at length. 16. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and his life burdensome. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree of divorce pursuant to 23 Pa.C.S.A. 93301(a)(6). COUNT II EQUI!~DI,E I)IS.T~I.DUTION OF ~A!tITAL.PI!9.J>E_RT~ -... --. - - .. --- 17. Paragraphs I thrcugh 16 above are hereby and herein incorporated by reference as though the same were set forth herein at length. 18. The parties hereto have acquired real and personal property during the marriage. 19. The parties are unable to agree on the division of the aforesaid marital property. 20. Plaintiff requests that the court equitably divide said personal property between the parties. 2 WHEREFORE, Plaintiff respectfully requests this IIonornble Court to equitably divide said personal property between the parties. COllNT III A.LIMONY,i\LlMONY 1'l1'N/)E.'NT/I'UTE:, (.'OllNSn "":.:S ANI> .:XI'.:NS.:S 21. Paragraphs 1-20 above are hereby and herein incorpofl\ted by reference as thoullh the same were set forth herein at lenllth. 22. Plaintiff is preseutly unemployed, and was last employed in 1987 IhroUllh Kelly Services, a temporary placement allency. 23. Plaintiff does not have sufficient income to prosecute the within action, and to pay for her ordinary living expenses, 24, The only source of income for PlamtilT is spousal support paid to her by Defendant, which amounts to $918.00 per month plus $32,00 IIrrears, 25. Plaintiff's income is insufficient to pay reasonable counsel fees and expenses to maintain this action. 26. PlaintitT requires SUPpOrlto adequately mainlain herself in accordnnce wilh the standard of living established during Ihe marriage 27. Defendant is employed through Carpenter's Local 287, so that he ha" suflicient monies to pay his living expenses, 28. Plaintiff requests that the court award an nmountlo PllIiolifl' for H~asonable allorney fees and expenses, 29. Plaintiff requesls that the court award anlll1\ount u alimony pellilellle /lIe, and following the divorce, an amount as alimony so Ihat Plainlifl' is able 10 maintam II reasonable standard of living, .' IRA E. WAGNER, SR., Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DORIS 1. WAGNER, Defendant/Petitioner No. 97.6981 APPLlCAl'ION FOR SPECIAL RELIEF AND NOW, comes the Petitioner, Doris 1. Wagner, who by and through her allorney, ScollM. Staller, Esquire, files the following Application for Special Relief, pursuant to Pa,R.C.P. 1920.43 and respectfully represents as follows: I. Respondent instituted the filing of a divorce action on December 18, 1997 to No. 97- 6981. 2. Petitioner filed an Answer to Plaintill's Complaint as well as a Countllrclaim to No. 97- 6981. 3. The parties have been separated since August 10, 1997. 4, Plaintiff is presently unemployed and was last employed in 1987 through Kelly Services, a temporary placement agency. 5. Plaintiff does not have sufficient income to prosecute the within action, and to pay for her ordinary living expenses. 6. The only' source of income for Plaintiff is ~pousal support paid to her by Defendant, . which amounts to $918.00 per month plus $32.00 arrears. 7. Plaint ill's income is insufficient to pay reasonable counsel fees and exponses to maintain this action .' IRA E, WAGNER, Plaintlll' IN HIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DOMESTIC RELATIONS SECTION CIVIL ACTION - SUPPORT PACSES 686100057 NO. 97.6981 CIVIL vs. DORIS J. WAGNER, Delendant ORDE~ AND NOW, this 9" day of Junc, 1998, thc pctition of thc dcfcndant for counscllecs is DENIED without prcjudicc. BY THE COURT, ---L (L ,r;j "- Kcvin tH'css, J. Bradley Grime, Esquire For the Plaintiff / c..Z2;.~~ .m';'d<.{ t,,j/o/H, o~ v~ ..6 ' , - Scott Stallcr, Esquire For the Defendant DRO :rlm .. III THE COURt OF COMMON PLZAS OF CL~ERL\NO COtr.lTI, P~SYI.V.ulL\ IRA E. WAGNER, SR. Plaic~j,f: vs. DORIS J. WAGNER, 97-6981 CIVIL TERM ~o. 19_ XOt!ON FOR APPO ~t OF ~SnR (Pla.ic~iff) (Il~X~, following ~laims: IRA E. WAGNER, SR. a :nas~er ",ien rupec~ ~o ehe ( ) Divorce ( ) ,'-nnulllllilne ( X) Alimony ( X ) A.l.t.mony Pendenee ~ves ehe ~oure co appoine Lice ( ) ( ) ( X) ( X) Diseribu~ion of ?roper:y Suppore Counsel Fees Coses aad ~ecses and 'in suppore of ehe ~oeion scaees: (l) Discovery is compleee as ~o ~he claiMs(s) for which ~he appoiccnene of a maseer is requeseed. (2) !'he defeccla.ne (has) (has Qoe) a9paared in (by his aeeorn.y, SCOTT M. STALLER (3) !'he seaeurory grou:1d(s) for divorce (;4.~) 3301(d) ~he aceioc (personally) ,::squire) . (are) ".l1nJ I, ~.' (4) Deleee ehe ica9pli~3ble paragra?h(s): (a) lPIl(~XOl<<)@X)l(l(\'(~>>Xl(~X (b) ,l,n agr.emec~ has beec reached "'i~h r.spec~ ~j :he :0 l:ov:L."1j\ dai=: (c) 1':1e ac~ioc is con~as::~d ...i:h res?e~~ co :he :ollo,,:.::g clai::1s: AI.l. OF THF AROVF (5) The ac~ioc 0tK~~ (does ooe i::'1olve) co"",la:<: ~s Ot la.w or :ace, (6) (i) The hearing is e:qec:ced ~o rake 1 1/ 2 _(~>>l(~ (davs) . Addicional f.nfor'Jla~ion, 1: .my, ralavaM: ::0 :he ::loeion: NONE ,~~ - !:rn:1G :~tS:!?BRADLEY 1.. GRIFFIE, ESQUIRE , (j}~/LuI- !JJ.(,.l!-/~ :he :ollowi~i ::lai::s: C~ Daea:~~'jh ~ I aanE .1....'1~ ~iOW , 1. 9 is. a9poi:oced seer ',r..r;,. res?ec: :0 !squire. J 'I t,: r <: \() ~) , (.-\ q .-, I " I Ij '" >~J _. , .rl ~ I i ''-1'''1 ! :1) ~ J J ", .... (.., ,0 () ~n' ,,';) ..,., :'"" ::~ ;:i .:.0,\ ; l..UI;; ,,",. ,J " -.J , 1,1), -.I ',) -:! '_l( ...'1 /~~ :.ir: , r;v (~h~ ..{ r:- ;.>' (? ~ . IRA E. WAGNER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DORIS J. WAGNER, Defendant No. 97-6981 PRE-TRIAL STATEMENT OF DEFENDANT DORIS J. WAGNER -.----- _ _ -.------------.---,------------------------- AND NOW, comes the Defendant, Doris 1. Wagner, who by and through her allorney, Scott M. Staller, Esquire, pursuant to Pa.R.c.P. 1920.33(b) files this her following pre-trial statement: 1. Listing of all assets: A.MUUUTALPROPERTY Real Estate Value Marital residence located at 1243 Pine Rd., Carlisle, P A 17013 Unknown to Defendant as residence has not yet been appraised Motor Vehicles: Household Goods and Furnishings Miscellaneous items in Husband's possession with an appraised value of Unknown to Defendant as items have not been appraised Pensi~ Retire~ent or other. bank accolln~ Husband has a pension of unknown value with Carpenter's Union Loca1287. Husband also potentially has an IRA, annuity as a pipefiller, and a savings nccunt through the Carpenter's Union Local 287, the values of which lire unknown to Defendant. B. NONMARIT AL PROPERTY None known to Defendant. C. MARITAL DEBTS None known to Defendant. 2. Expert Witnesses: At the moment, the Defendant has not yet retained the services ofan export or experts and does not know ifan expert will be necessary, however, the Defendant retains the right to call an expert or experts, ifnecessary and will give prompt notice to Plaintiffs counsel and this Honorable Court of the expert, his qualifications, and the substance of any report prepared by the expert. 3. Witnesses: Defendant i$ not aware of any witnesses, which would be called to testifY on her behalf other than herself, however, Defendant retains the right to call a witness or witnesses, if it becomes necessary. 4. Exhibits: None at this time. Defendant reserves the right to supplement exhibits if they become necessary. S. Party's gross income: Plaintiff, Ira Wagner, Sr.: approximately $30,000.00 annually. Defendant, Doris 1. Wagner: approximately $8,000.00 annually. 6. Defendant's income Rnd expense statement is attached hereto. 7. Husband has a pension of unknown value with Carpenter's Union Local 287. The exact value of the pension is unknown to the Defendant and the necessary documentation is not within the control of the Defendant. 8. Counsel fees: Counsel charges $80 per hour and anticipates a total ofapproxirnately $3,000.00 in attorney's fees. 9. There are no marital debts known to Defendant. . . IlIwmo alld EX(l(lIs0 SlalOmOIll PACSES Caso Numhor 457000078 OTIII\R (Fill ill Approprialo Columo) INCOME WEEI{ MONTH YEAI~ Imoresl $ $ $ - Olvidollds ,/ -----/ / PC:lIsioll Alllluily V' Sodal So.urily ,// Rems / -. Royahks Expeltse A"oum / Gifls 7 / UnemploYlllem /~ Compensalion , , , . // WOlkmon's . Com(l(Il'ialion / IRS Refund - Olher / Olher / TOTAL $ / $ $ -- TOTAL INCOME $ / - (Fill in ^pproprialo Clllunlll) EXPENSES WEEK MONTH YEAR lIome /' ~H"S..g~/Rc:nt $ $ D~OO $ Maimonanoe ,-- Ulililies EkClrk Ga,", Oil Tokpho"o .:-/D. DO Sorv;.;e TY(l( M Page 2 of 6 Form IN-003 Worker II) 2U03 III~III11~ all<l Exp~lIs~ Slal~III~1\1 PACSES Cas~ NUlllh~r 45.7000078 (rill ill Appllll'rial~ CIIIUIIIII) EXI'ENSES (continued) WEEK MONT" YEAR Wal~r $ /' $ $ S~wer .// ElllllloYlllent Publk TralLSpUrlatioll $ /' $ $ - - LUII~h , ~ l'ues 3-1-95 - "1,'10 Real Eslale $ - $ $ Persllnal ProperlY - - IlIellme --_.~. Imurance Homeowllers $ '--- $ II $ AUl<lmobile .........- ,. Pv% 3 '7h.~' ??q5 ~37g Lire -- a Acci<lelll - Heallh -- rl.J Olheru~~A ^. ';f/S j).~1AA ..:~ >ifL q'7~ - --0 Aulollloblle Paymellls $ $ $ ~:l #- 00 / -,/. Repairs /5.00 -- Medical ,) 0.00 - DII~I<lr $ $ $ D~l1Iisl - - Orthll,lolllisl .-- Page J lit 6 I'nrmIN-008 Wllrker ID 2l20) Sef'li~e Type: M In"'lII~ and Exp~n'~ SI:MIII~1ll PACSES ('a'~ NUlllh~r 451000018 EXl'ENSES (1'111 in Appropri;lI~ ('OIUIIIII) (continued) WEEK MONTH YEAR - HO'l'llal ---- Medkine ~5o - Sl'edal need, (glasse" hra.es. orthopcdk dovkes) Education -- Privale S.hool $ -.. $ $ Pa",,;Nal S.hoo. .---_. College -. - Religious Personal Chllhing $ $ ~_10,0'i) $ FIKJd -11'"2.. 0 . 00 ^ - 'Ii' / (O ' DO Bal~er/Hajrdr~sser Credil Paymel1ls: Credit Card 1/ ;;;"5'. [) 0 Charge Account Memhcrships ~A )p ~>bO Loans ---- ,,- Credit UIllon $ -.--< $ $ 1~s..~~~~1f ) -- ~OO -- MlscellaneoU5 Househohl Help $ -- $ $ Chilli Care -- Pal"'rs/BlXlks/M agazine :).00 Eluc:nainl11t'1U r--- . Pay TV --. Vilt.:alhlu --- - i 1-1 r Page 4 of 6 Porm IN.()08 Worker 1D Hl03 Service Tyl'" M III\;"III~ alld EXp~IL'~ Slal~III~11l I'ACSES Cll'~ NUlllh~r 457000078 EXI'ENSES (cllllllnucd) WEEK (Fill ill Applllprilll~ C"IUIIIII) MONTII VEAR Glfh L~gal F~~s .:r. - / r:;. 4 '? - Charltahl~ ClllllrihulilllLS Olh~r Child Supplln "'/0.00 D.oo , il i ,1 I f : , !; , 'fs. DO Olher $ $ $ TOTAL EXPENSES $ $ $ PROPERTY Ownership · DESCRIPTION VAl.UE OWNED II W J Ch~ckillg ACCOUIlIS $ Savillgs ACCIIUIIIS ...- Cr~dit U nillll StllckslBllllds Il.~al ESlal~ "( Olh~r TOTAL $ INSURANCE Coveralle · IIl1spilal Blu~j;lu:i:; mr.~r M~dical jllll~,Shicld Olh~r . H . Hu~hand W - Wife C - Comhined J . Jllinl n w c Iv! C;IOO() Pag~ ~ IIf 6 flurm IN-008 Wurk~t ID 21203 S~",,'ic~ Type: M SCOTT M. STALLER ATTORNEY AT l.AW P.O, 1I0K 261 NEW lIl.o0Mf'lf:l.ll, I'A 1'068 1'.I'I,hu". (717) ~82.787.1 FAX (717) 882,1086 Doris Wagm'l' 232 H('lld(~l'so/l SIJ'(~Cl Apt. #2 Carlisle, PA 1701:~ July 24, 1998 In Reference To: Invoice" 10400 Wagner v. WO/lller, No. 97,0981 Professional services Hl'lI/ltutc Amount 411~198 Prepare for end attend support conferenco 2.50 200.00 80.00/hr ~/1/98 Telephone conference re: spousal support order 0.25 20.00 80.00/hr 618/98 Hearing on request for counsel fees 2.25 180.00 80.00/hr 6111198 Office Conference re: alimony end settlement of dlvorce 1.00 80.00 80.00/1lr 611~/98 Letters (2) . one t.o Mrs. Wagner end one to Atty. Griffie 0.00 40.00 80.00/hr 6122/lJ8 Telephone conference re: appointment of lIUl8ter, spousal support, end 0.20 20.00 medlca1 condltion 80.00/hr _.~--. For professional services rendered 6.70 '~40,OO Previous balance f400,()0 Balance due '940.00 l'-'- AR --...-----...... ---- --."._.. ) IT T~l1Ip~, Inc. CHECK -*..-04994:/9...--. &. 161341066 DORIS WAGNER Y-T-D GROSS 262,00 499429 nMPANV TYPE HOURS RATE WK ENDING AMOUNT i'ATRIOTNEW REGULAR 36,00 7.00 06/09/1998 262,00 I IITHHOLDING AMOUNT V-T-.D ."."'.....".'" DEDUCTIONS AMOUNT Y-T-D EDeRAL 22.37 22.37 ICA t6,62 16.62 ICA MED 3,66 3,66 TATE 7,06 7.06 ITV 1. 26 1. 26 ITV OCCUPA 10.00 10,00 ITV SCHOOL 1. 26 1,26 OTAL EARNINGS 262.00 TOTAL W/H 61,22 TOTAL OED CK NET 190.78 ---------~----_.-.--~- --.--_...-... OET/'CH HLHE BEFOflE f.)Er()~jlnrlG TOUI, '1001'1.0"".''''''''.'''' OITAeH..,..o~n"IN "IINNIHI I. D'.T~H ",.,TAICI" A. Pllletl .."0,,"~7W~F ".lMI~~ .--- All ,or;LD 1!. J.,~ II.lPlO.UI UAfll,llNT O~UCflMWfl,U.IN Tor"l O~ 1I,"'lO'Ul&nA'IIIIIIlJ nn"'CH"'NDI'lITlllft PLAINTiFF'S " EXHIBI;T KENNETH E. DEITCH PATRICIA A. DEITCH ""00 .t'Y'.i~:-B(:~-g--__..__n- ~A_M~_~~;~~~~~~~:;~-~~~O'i~~~~' _' ~.u;i.:..-.H.:;'.'.~.'~.'~~ 7"1 r)f..:r~ ::JQ Of v. :JJ.L. .. __ ... -. .t~,. - - :~ ....I,~lly e" """'0' _..',...o:_!~~__ __. -",.:,. ~OC./lL . 0 .-,uTT .71 113;~,~-;';"-, P,' - -~ OIDlJt:tION. /u. 7: .OjJ ... jT~ ./~ZI f ,. 1"'''~OY.I'1 .r"rIOolI"" DIUUH ""'OIIllUI'" IncunlC: and ExpelL'\C Slaltl1ltlll PACSES Ca.'it NUl1ll1l:r 'tit' OTlIER (Fill In Apprnprlalt CulunUl) INCOME - WEEK MONTI! VEAR IlIltreSI S - S S Dividends Ptnslun Annuity Sudal S.:curhy - Rents Royalties Expense Accounl Gifts U nemploymc:1Il Compensatlun - Workmen's Compensalion IRS Refun': Other Other TOTAL $ - $ $ TOTAL INCOME $ (Fill in Appropriate ColunUl) EXPENSES WEEK MONTH YEAR lIoma ~/Relll S S "0,00 S Maintenance ~ Utilities -- Electric Gas -- Oil .- Telephone 0.00 Servke Type Pag. 2 of 6 Porm 1N-008 Worker lD '. hll:OIlIC alld EXPC:IL>;C SlalelllClIl PACSES Case: Number .'Ct .~ (Fill ill Apprnpriale Columll) EXPENSES .- (contlnutd) WEEK MONTI! YEAR Waler $ - $ $ Sewer .- Employment Public Transpurudon $ $ $ LUllch Taxes 3-}- 9[( "'9.90 Real ESlllle $ - $ $ Personal Propc:ny - Income ._- In.sunnce HOlllCowners $ .- $ $ Automobile 'P tI 'I ev f!:21 3..."o"ths +'3 J 8 Life Accident Healdl Olher RI2NTeY's iff g e v l! l' 3 .Nl c.vth S '7~ -- Automobile - PaYlllfnts_ $ - $ $ -- Fuel J;l.OO Repairs I O. () 0 - Mtdlc.1 DOClor $ $ lJI~5. 00 $ Dencisl Onhoclollcisl Page 3 or 6 FnmllN.oo~ Worker ID Service Type ~ Incnl1l~ amI E~(lC!I:i~ Slaltllltlll PACSES Cas.: Number 'tit' (Fill In Applllnrialt Column) EXPENSES (ccnUnued) WEEK MONTH YEAR Hospital - Medici ae ~ .;}CJ. 00 '- Special n~eds (glassts. hraces. orthopedic - dtvlces) EducaUon - Private School $ $ $ Parochial School Colleg~ Religious Personal Clothing $ $ ..;JO.OO $ Food ~ J 30. 00 BarberlHairdresser J "'.00 -- Credit Pt:mems: Credit ard Charge Account 30.00 Memberships A Ll 0 -() - -- g.no Loans Credit Union $ $ $ f' CYu-vd-a if, 'iJO 0 - .. Mlscellaneol1' .. Hoosehold Help $ - $ $ -- Child Care - -- ~).OO Papers/Books/Magazine - - Entertalnmenc 9,00 .. Pay TV - Va.::ation '- Page 4 of 6 Form IN.D08 WOIker ID Service Type , d. hll:llnll: allll E.pe:ll.'ie Slalelllelll PACSES Case NUIllhc:r I <':OYl:rYKl: . INSURANCt: Healthl Accident DI8abillty Income Dental Other 1... '. · H . Husband COMI'ANV l'OI.lCV' 1\ W C v "<1.. C . Combined J . Joint SUDDlemenlallncome Statement b. - This form is tll be tilled llUt by a person (Ij who llperate8 a business or practices a ~rllfesslon. or (2 who i8 a memher of a partnership or jOlllt venture. or (3) who Is a sbareholder In and Is salaried by a closed corporation or similar entity. Allach III this statement a copy of the following documents relating to the partnership. jllint venture, business, profession. corporation or 8imilar entity: (ljthe most recent Federal Income Tax Return. and (2 the most recent Profit and Loss Statement Name of business: Address and telephone number: Nature of business (check one) (I) partnership (2) joint venture (3) profession (4) closed corporatilln (5) other Name of aCClluntant, controller llr other person in charge of tinanclal record8: c. d. e. f. Annual income from business: (I) How often is income received? (2) Gross income per pay period: (3) Net income per pay period: (4) Specified deductions. if any: Page 6 of 6 FnrIllIN-008 Wnrker 10 Service Type: I I I' . A'I'TClIIN~Y AT I.AW 1'.0, I\ClX ~6.1 N~W I\L.ClClMFI~I.lJ, /,,\ 1;')1;;\ Invoice submitted to: Ronald Kerr R.D, * 2, Box 802 Millerstown PA 1'/062 June 8. 1098 In Reference To: Invoice * 10400 Wagner v. Wagner, No, 97.6981 Profell81onal services 4/15/08 Prepare for and attend support conference 5/1/98 Telephone conference re: spousal support order For professional services rendered Previous balance Balance due SCOTT M. STALLER TrI'l.ho". (717) ~82.7~7.1 FAX (717) ~82.~O~6 H1'8/Rate Amount 2,50 200,00 80,OO/hr 0.25 20.00 80.00/hr 2.75 $220.00 $400.00 $620.00 - , if,l OiIQlOAJII ."c: _I'i\' _OQ CHlac NO! , , ~ I1C 761. 20 " ::>m j,~n.';ld =~ ~ i\' \'.lETPAY' 'ICA 70.7 1)1;) 0IFi 'IOWIIi fi,. IiO"r 101 c~ .~'~ "'l ?.;O\ 71 YEAR TO OA TE NET PAY REG. 11::1i.00 OVT, -;':'1'1 1: .00 SS~ I t92-30-2175 .. --------.. - -0_____...-.. _. ____ tJIj6~f,l. oacx ..'" ;,.. 4 Sf! ocean ~ CHICK NO: 24 Reg. hrs. @ 19.03 FICA FoO WtH STATe 'N/H ~ r' I < -7 39,99 I 171.24 I I FICA Feo 'NtH STAre 'NiH NET PA,Y ---1 140.1l'" VE"\~ ,0 0,,\-: ,\jE'7" ~~Y '} weeks in 1998 '.ith Phoenix Industrial, rnc. Average lIeeltly gross based on year-to-date $570,90 Average weekly net ~asec on year-to-date $376.82 DEFENOANT:S , EXHISn BENEFIT CHECK C1a1manl'l Nlm. Sac. SIC. Acct, Na. Wllk 1 I Amaunl i 05- 30-98 131. 00 Fld.,,1 Wllhhcldlng Tax $55,00 Wllk 2 Amaunt OfflCI PGM IRA E WAGNER SR 192-30-2175 INSTRUCTIONS Thll II yaur un.mplaymlnl camplnllUcn chick fcr th. blnllll wllkla, Indlallad an thl chick Ind IbavI, If yau II. InUllld la Ihla ChiCk .. dl/lnld by Ih. PA Un.mplaymlnt Camp.nllllan Llw. cI"fully dlllch It 11th. p.rlaratiana Ind clah pramplly, If yau '"I ycu Ira nal anUU'd Ic thll ch.ck ar th. ch.ck la la, In Imprcp" Imcunt. pl.... "Iurn IIIC yaur Jab C.nl" at UC Slrvlc. C.nl". dc nal c..h II, 0302 UC Cumulltiv. Tax Wllhh.ld $1018.00 OFFICE ADOAES$ CARLISLE JOB CENTER 1 ALEXANDRA COURT CARLISLE PA 17013-7667 HAVE YOU TALKED TO PAT LATELY? :,'t'~. Penr,sylvanla Teleclalms..PAT has changed, Old you know that. . . * you can get your benefll check fasler by using PAT 10 tile your biweekly claim? A ttudy h.. ahown that Indl\oldullI who use PAT glt th,lr b,."fit c,:hlCkl an a\llt.g. of 3 dlY' ru,er than Iho.. wno lend I mill clllm farm la th.lr Clllma OHlcl, . anyonll can use PAT? w. have madl IIvlral Chang.. to PAT 10 that anyone aln flit hllfh,r claim \III PAT. IV In thou 0' you who hay. partial ..rning. or It. workIng on. wllk IncJ off th. "IXI. . you don't need a mall claim form to tile via PAT? All thll la ""did h, your Social Security Number. PIN and I push button phon. with. pulu/ton. Iwltch. Th' twitch snould b. lit to pull. to dllll and thin ton. when PAT answ"., You do not nud tour,h.ton. servle' to UI' PAT, flllnll by PAT Is quicker and easier than before? w. hlv, eliminated unn.e....ry quutlons, We hlv, provided IlCprtlS flUng for th. ..cond we.k If the anaw'fI 'or thl ..cond wltk '1" thl 11m. IS thl flnt. If you hlv.n't trlld PAT y.t. pICk up thl phone and call PAT to till your n.xt claIm! " you nlld mulat.nCI using PAT, pl.as. contact ycur Clllm. Offlc.. . *05496079060298100131000* FOl.C ON PERFORATION. THErJ OETACH CAREFULLY DEFENDANT'S EXHIBIT ~ ,,- (n the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION DORIS J. HAGNER ) Do\:ket Number 675 S 97 PIal miff ) YS. ) P ACSES Case Number 457000079 IRA B. WAGNBR ) .5l1073:J. Defendant ) Olber State ID Number Oil. Order AND NOW to wit, this APRIL 16, 1999 it is hereby Ordered that: THE SPOUSAL SUPPORT WILL BE DEC~SEO TO $124.00 PER WEEK WHEN DEFENDANT IS RECBIVING UNBMPLOYMENT COMPENSATION BENEFITS OF $312,00. THE ORDER OF NOVEMBER 25, 1997 REMAINS IN ITS ENTIRETY. DEFENDANT IS GIVEN A TOTAL CREDIT IN THE AMOUNT OF $1,790.91 FOR THE FOLLOWING 1.) TEN WEEKS OF UNBMPLOYMENT COMPENSATION ($946.30) 2.) ONE WAITING WEEK ($219,63) 3.) TWO WEEKS OF LOW PAYS ($119.98) 4.) DIRECT PAYMENT TO PLAINTIFF ($507.00) DEFENDANT IS TO PROVIDE VERIFICATION OF FUTURE WEEKS OF UNEMPLO'iMENT COMPENSATION FOR FUTURE CREDIT. DEFENOANT'S EXHIBIT . J BY TIlE COURT: Servkc Type M Ad .. JUnGE ORO I R. J. Shadday eel plaintiff and defendant eel Seott M. Staller, Esq. eel Bradley L. Griffie, Esq. Forni OE.OOI Worker ID 21005 .' Income 31Id Expeose Statement PACSES Cise Number OTHER (Fill in Appropri~te Column) INCOl\olE WEEK MONTH YEAR Interest $ S S Dividends Pe",,;ou Annuity Sucial S.:curity RenlS ROyalties Expense Accowu Gifts Unempluy=ot 367.00 Gross Compensation 312.00 Net Workm:n's Compensation [RS Refund I I Other I I I Other I I I TOTAl. I: Is Is I TOTAL INCOME .~E" I Fill In Appropri~(e Culumn) ] EXPE:'iSES :'<IOI'TH YEAR I I I I I Home I :'<r,mwag./Rem L --rs Is I MaiOlenaoce I ~ 80,00 I L'tiliti<:s I I EI~tric I 70,00 I Ga.~ I I I Oil/Wood ~- 100.00 I T elephant I 1" fl() Page 2 of Ii Form IN-OOS Servke Type M Walker ID .' IlIComc and Expense StaI.C'IDI:IU PACSES Case Number (Fill in Appropri:uc Colunm) EXPENSES (continued) WEEK MO~lH YEAR Water S S $ Sewer Employmem Public Transportation $ $ S LllIlcl1/Transporta t i<1n 240.00 Taxes ReaI ~ S $ 80.00 S Persooal Property ~ Occupational 28.00 ln5ur.lJ1ce Homc:owners S S 30.00 S ,,\,ulolllllbiIe 75.00 Life I A~duent I '-t- I H<::1Itb I I I Otber I I ~- I I I .\ utomoblle I I I S s I ?1yments S 283.00 I i'ulll I I 60.00 Repairs I 40.00 . ~tflllcal Doclor S S 10.00 S ~OOSI - Onhllullori~l_ Service TY\1d M P1ge 3 of 6 Form IN.Q08 Worlcor to IlII:olllC and Expeose SlalelllCDl PACSES C'lSC Number EXPENSES (comlnucd) WEEK (Fill in Appropriate Column) MONTH YEAR ., Gifts L..:Sal Fed Charitable COlluibuDOII5 Other Cbil~Support AlilllOlIY P~ymellES t,- Otber s s s TOT AL EXPE....SES s s PROPERTY OWl't"ED DESCRIPTION Chc:clcing "'~~Ount:l Savin!l5 "',~Cllums CreWl Union SwcksiBonds R.:=a1 Estace Other ITO'TAL J ~=: H",,-pica1 Blue Cross Other ~Icldical Blue Sllield Other . H . Hu!band W - Wife C - Combino:d 1 . loint Co'er~ . COMP.\.'fY POLICY /I H Iw I C L Page 5 of 6 Form [N~8 Worker to Service TytlC 1'1 lrn:oDle and Expense SWCDlCOl PACSES Case Number EXPENSES (FUI in Appropri:ue Column) (conllnue4) WEEK MOl'l'TH YEAR Ho:spilal Mcdicllll: 10.00 Spcl.iallllltds (iWscs. br.u:C1. orthopedic dc-viCC1) 10.nO l!du(lU!on PdvalC School $ $ $ - ?arochi.a.l School -- College ReligioIU PenonaJ Clmbing $ $ an no $ .,- Fl~ld ~"" "" B;ubcrlliairdresler to. 00. CretJ.i1 PaymcnlS: Credie CtnJ Charge ACI;OUOI ~ICOlbcr.;hip~ -r- I I '-1. I Loans I I I Credil Union 15 5 5 I I l I I ~llicellaneoU1 Household Help 5 S S - -- Child ~ - PaperslBooksfMaguine . EOlertai= 50.00 Pay TV V leaOOD -' 10.00 ., Page .j of 6 FOr1.'/llN-<Xl8 Wo,k., m . Scrvic: Type M IRA E. WAGNER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. DORIS J. WAGNER, IN DIVORCE Defendant NO. 97-6981 CIVIL TERM RE: Pre-Hearing Conference Memorandum DATE: Wednesday, February 24, 1999 Present for the Plaintiff, Ira E. Wagner, Sr., is attorney Bradley L. Griffie, and present for Defendant, Doris J. Wagner, is attorney Walter Lewis Cressler, Jr. This action was commenced with the filing of a divorce complaint on December 18, 1997, raising grounds for divorce of irretrievable breakdown of the marriage and indignities. No economic claims were raised in the complaint. On February 27, 1998, the Defendant filed an answer and counterclaim. In the counterclaim the Defendant raised the economic issues of equitable distribution, alimony, alimony pendente lite, ~nd counsel fees and costs. The answer and counterclaim were filed on behalf of the Defendant by attorney Scott M. Staller. Mr. Staller is no longer representing the Defendant, and Mr. Cressler is going to attempt to have Mr. Staller sign and file a praecipe withdrawing his appearance in this action on behalf of the Defendant. Mr. Cressler is going to continue as counsel and will enter his appearance. Counsel have advised that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that a divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The parties were separated in August 1997. emancipated. Rather than going through a detailed memorandum today dealing with the matters that are addressed in the pretrial statements, counsel have advised that they are fairly close to settling the case and are going to list the marital assets and what further actions they need to pursue in order to attempt to bring the case to conclusion. married on March 7, 1965, and All the children of the parties are They are also going to indicate how they intend to deal with the other pending claims including alimony and counsel fees and expenses without being specific as to the details as to any settlement which may be reached with regard to those issues. Likewise, with respect to the identification of the property, counsel are going to simply list marital assets and then ultimately if the case settles provide a written agreement which will identify the distribution of those assets. The Master is going to set a hearing date, however, in the event that for some reason settlement is not concluded. A hearing is scheduled for Thursday, March 18, 1999, at 1:30 p.m. Notices will be sent to counsel and the parties. Mr. Griffie is going to go on the record and state the matters which were previously addressed by the Master involving the list of assets and the intention of counsel with regard to how they wish to handle any outstanding issues that are pending including an issue regarding tangible personal property and the claims of alimony and counsel fees. Mr. Griffie. MR. GRIFFIE: The parties in this case are the joint owners of property at 1243 pine Road in carlisle, Cumberland County, where tHe Plaintiff, Ira Wagner, continues to reside. Mr. Wagner has had this property appraised by steven Barrett and has been given a value of $70,000.00. That appraisal has been provided to counsel for Mrs. Wagner, and the parties are hopeful that that value can be stipulated to as part of their agreement. The intention with respect to the real estate is for Mr. Wagner to retain ownership and to buy Mrs. Wagner out at an amount that will be agreed upon by the parties. No additional action needs to be taken relative to the real estate at this point, although if Mrs. Wagner wishes to have her own appraisal, Mr. Wagner will provide access. The Plaintiff, Mr. Wagner, is involved in two retirement, pensions, or annuity funds. with respect to his involvement with the Central Pennsylvania Building Trades Annuity Fund, the vested amount to which he is entitled is limited. Because of this, it is the parties' intention that if an agreement can be reached, Mr. Wagner will "buyout" Mrs. Wagner's interest at a set percentage through his refinancing of the former marital residence. There is a second fund known as Keystone District Counsel carpenter's penllion Fund which has a more substantial vested value, which will be resolved by providing Mrs. Wagner with a portion of that fund throuqh a qualified Domestic Relations order. If the qualified Domestic Relations order is, in fact, implemented, it will be prepared by counsel for husband. with respect to any intangible personal property such as bank accounts and other investments, there are very limited accounts, one in husband's name, one in wife's name, one in joint names, all with local banks, and one jointly held investment account. The parties anticipate that due to the limited nature of the funds in those accounts that there will be no transfer of any fund~ but rather the distribution that has already been made will be considered equivalent without any additional transfer of funds. with respect to personal property, the parties have already made a partial identification of personal property. It may, in fact, be determined that the distribution that has been made is a final distribution; however, in order to finalize the distribution of personal property, husband will provide access to wife a safety deposit box that the parties jointly hold at a bank in Mt. Holly springs and access to the former marital residence for purposes of allowing Mrs. Wagner to review the home and safety deposit box to determine if there are other items of personal property that she may wish to retain. When the safety deposit box and the home are reviewed by Mrs. Wagner, she will be accompanied by Mr. Wagner's brother, George Wagner. It is the intention of the parties that Mrs. Wagner will not remove personal property upon her review of same but rather will provide a listing to her counsel of items she wishes to secure. It is then the parties intention that after any final distribution of the limited amount of personal property, the parties will consider the personal property to be equivalently divided. There is at present a spousal support or alimony pendente lite order in effect through the Cumberland county Domestic Relations Office. The parties anticipate that that order will remaln in effect to be adjusted in the event there are changes in the parties income or employment but that this order will end upon husband's retirement and the parties mutual receipt of retirement benefits from the Keystone District Counsel carpenter's Pension Fund. In the event that a comprehensive agreement is completed as anticipated, wife will then waive her claim to alimony and counsel fees and expenses. Husband's counsel will prepare a proposed separation agreement or marriage settlement agreement for review by wife's counsel with the anticipation that the agreement will be t ~ "I J! IRA E. WAGNER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW . . . . VS. NO. 97 - 6981 CIVIL DORIS J. WAGNER, Defendant IN DIVORCE RESCHEDULED PRE-HEARING CONFERENCE TO: Bradley L. Griffie Allen E. Hench , CQunsel for Plaintiff , Counsel for Defendant A pre-hearing conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 24th day of February, 1999, at 9:30 a.m., at which time we will review the pre-trial stetements previously filed by counsel, define issues, identify witnesses, explore the possibility of settlement and, if necessary, schedule a hearing. Very truly youra, Date of Notice: 11/6/98 E. Robert Elioker, II Divorce MaCJter .. GRIFFIE & ASSOCIATES Attorneys and Counselors At Law B...u., L ortmo A_ 101...... n.-io S. DItIII 300 Nortlo 11_... INnet C..-, PA 17013 (717) 301U851 1(1OO)J47-58!2 FAX 717.3oU.S06J lloWooJ.~m 0fIk. M"'I" 31 Nortlo M_lHrHI c........n...... PA 17301 (717) 367.1350 Rtply '"~ CarIoIe July 23, 1998 E. Robert Eliker, II, Esquire 9 North Hanover Street Carlisle, PA 17013 RE: Wagner v. Wagner Dear Mr. Elicker: After we had filed the Motion for Appointment of Master in this case and as We were preparing the documentation to file the Pre-trial memorandum, I was notified by my client that he has determined he is going to secure other counsel. That is why no Pre-Trial Conference memorandum has been filed to date. I have written to my client and explained to him that the pre-trial conference document was to have been filed by Monday, July 20, 1998 and ellpect that he will promptly respond to me either indicating that I am to prepare and file that document or, in the alternative, who his new counsel is so that I can forward this information to them. You attention and courtesy in this matter is appreciated. Very truly yours, GRIFFIE & ASSOCIATES dct~L41 /ill; ~ j Bradley L. cMme BLG/kjl cc: Ira Wagner Scott Staller. Esquire GRIFFIE & ASSOCIATES Attorneys and Counselon At Law Bndle7 L. GrII/Ie no.u s. DIeIII 21lO1I_U-..._ ~'A 17.13 (717) W-IIII 1(11IO) U7-l16112 'AX 717.24UNJ ......J.~ 0III00~ March 17, 1999 :JI1I_NaIIo _ ~""",,'A 17201 (717) 247.1358 lie"'''' ~ E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover St. Carlisle, P A 17013 VIA FACSIMILE AND U.S. MAIL RE: Wagner v. Wagner Dear Mr. FJicker: Please be advised that the parties in the above-captioned transaction have reached a final agreement. A written Agreement has been reviewed and accepted by the parties and coumcl. This document is in the process of being signed by all parties. Therefore, at this point, we do not need the hearing that is scheduled Thursday afternoon, March 18, 1999. You can cancel that hearing and await a respomc from us relative to the signed Agreement. It is my understanding that your preference is to have two copies of the signed Agreement provided to you so that you can then have the Court vacate your appointment u the Muter. After we receive the Order vacating your appointment, we can then file the necessary documents to final~ the divorce. If you need any additional infonnation on this, please feel free to contact me. r I , " ,I BLOlklg cc: Ira Wagner Walter L. Cressler, lr., Esquire (via facsimile) i' I I I I III~N(~II ANI) (;IlI~SSI41~1l LAW OI~I~f(;I~S :1:1.1 l\IAIlKI';1' S1'lUmT NI';WI"OII1'. .",\. 17417.1 ..1....... 47171 ,'14I7.:I.:m 110'.." .1417.:11 :ICU 1~.lIu.il 1._4..rllf,.,fit''''.''f.t ,U,','liV'I. "'IN.'''. 'IN',. "',II.1'.m ... ""'I,';,';'..m. .11'.. .~:....,. ;\IlU.............. . 717.,1111I.7787 '"''N''''''' ..,'rr" (""11I." . 717.7811.:18.17 December 27, 1999 E. Robert Elicker, II, Esquire Office or Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: Waqner v, Waq!1F,!!:, No. 97 ,6901 Dear Mr. Elicker: Reterence Mr. Griffie's letter dated December 20, 1999 and received December 27, 1999. I have enclosed a copy of a letter which [ "cnt to Mr. Grif f i.e on December 22, 1999. I did not info you confident that when Mr. back with me to discuss things out between us. vacate your appointment on my letter as I was, and still am, Griffie consults with his client and gets our concerns that we will be able to work In the meantime, I request that you not as Divorce Master at this time. Wh"ll I first drafted my December 22, 1999 letter to Mr. Griffi,c, I had included, and then erased, a suggestion that a conference with you may be appropriate to seek assistance in helping ro define some of the property issues. In particular, I had in mind the matter of whether or not some of the increase in pension benefit announced after separation might be considered marital property, If the parties are unable to amicably resolve the issues which divide them, I may still request your assistance. Thank you for your consideration in this matter. Very truly yours, I,,',' !,',- ,.' /1 Cre~'~~'~~',~ ,<fr. Walter r.. cc: Br,Hlley r.. Griffie, Esquire 001'18 Wagner ,\1.1.1':.\' I~'. 111.',\,('11. I,',"f', "',UTEII L. ('III~',"'.~Lf.'''. .11'.. I:....,. IIENCII ANn CIIESSLEIl L.\ \V OFFICES :n.1 ~l.\nKET STIU;t:T ~t;WI'OIlT. It.\. 1707.1 Phon~l717IJ67~11~9 u:,,~ ,1411.:11 am .:-111&111 ""urlle''''',,,,.,,t., lllll......'..w" . 717..1111).77117 "'"~h'Il''' It"I'r:, ('.."n'," . 717.'189.a8.17 December' 22. 1999 VIA FACSIMILE AND REGULAR MAIL Bradley S. Griffie. Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle. PA 17013 RE: Waqner_v. Waqner Dear Mr. Griffie: Reference your letters of December l6, 1999. It is good to have you back in the picture. I am disappointed, however, that you did not contact me sooner to discuss the events of the past s~ven menths. The courtesy of at least a call would have been approprl~te before you dated my client's co~sent and waiver and flIed the documents to finalize the divorce. As JOU pointed out in your letters, a number of things have occurred in your absence. The most noteworthy one from our perspective is the fact that shortly after the execution of the Separation and Property Settlement Agreement by the parties your client's pension administrators announced a substantial increase in pension benefits. This increase had been under consideration for some time. The merger of two other pension funds into the Keystone District Councll of Carpenters Pension Fund led the Plans' actuary to recommend equalization of the three merging cunds. As r read the law, an appropriate portion of the benefit increas~ ~s considered part of the marital share of the pension. Although your client qualified for the increase because of post- separatlon employment, the benefit increase is based on pre- separat:Jn salary increases and years of service. ThL3 development has arisen since you were discharged by Mr. Wagner ln May 1999. I have been trying to discuss this matter ~~j :ts :~plications wlth Mr. Wagner and his brother, George, ',0/"1. ': ;:'.:lu:, ::..'.tch success. ae:~use of the above and the lnterpretatlon you and your .:: lent :,:\'/e placed on the second paragraph of section l...1 ()f the A0reement, we have been placed in a posltion that we shall have :0 seek 0qultable relief crom the Court for reformation of that . Agreemen: unless we can reach an amicable settlement of the issues. These issues include the belief that Mr. Wagner knew of a potentla: increase in his pension benefits and was less than forthright about the disclosure of that fact as required by sectlon ~ of the Agreement. In addition, the insistence on placing ~ definitive amount for the marital portion of a monthly benefit 1n a separation agreement prior to retirement and final determination of that pension benefit suggests a rush to fix an amount before it increased. In addition, it never occurred to me that your client would deny h1S wife the benefit of her share of the marital portion of the penslon should he pass on before she does. That would mean that much of the financial responsibility for the care of their mother should she become incapacitated would fall 'to cheir childre~ or the commonwealth. Our interpretation of the somewhat vague wording in the Agreement is that Ms. Wagner would receive the "aforesaid sum so long as husband continues to receive his retirement benefits," and after that she would receive whatever surVlvor benef1t the pension plan stipulated. That is what preparatlon of a draft QDRO and its approval process would finalize. Sho~ld we be unable to amicably resolve this matter, it is Ollr inte:::ion to seek reformation of the Agreement in the Courts. I do, he'dever, believe that a compromise is possible. As I recall, ~y client agreed to accept from your client $5,000.00 less than her share of the marital residence was worth. If your client 13 willing to compromise a little on his position, I am sur.e my client will also consider further compromise to spare them the time and expense of further litigation. . Tha~k you for your consideration in this matter. Please call so chat we can discuss possible resolutions. Very truly yours, i;Uff/~ A Walter L. ~:ess~~ Jr. OC::.".3 \~ag~er: ij ,:L , , IRA E. WAGNER, SR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LA W DORIS J. WAGNER, Defendant NO. 97-6981 CIVIL TERM IN DIVORCE PETITION TO VACATE MASTEI{'S APPOINTMENT AND NOW, comes Petitioner, Bradley L. Grime, Esquire, and petitions the Court as ~.."I , follows: I. Your Petilioner is Bradley L Grime, Esquire, attorney of record lor the above- named Plaintiff, Ira E. Wagner, Sr. 2. The above-named parties arc subject to the within divorcll proceedings in which, upon a motion of the Petitioner herein, the Court appointed E. Robcrt Elicker, II, Esquire, as Master by Order dated June 16, 1998. 3. Subsequent to the appointment of the Master and following the Pre-Trial Conference with the Master, the parties entered into a comprehensive Sep,mllion and Property Settlement Agreement, dated April I, 1999, a copy of which is attached hercto and incorporated herein by reference as Exhibit "A." 4. Due to the parties entering into this Separation and Property Settlemcnt Agreement, all issues that were raised in the divorce proceedings arc now resolved and nil matters remain for the Master to decide. 5. Defendant signed an Affidavit of Consent and a Waiver or Notice of Intention to Request the Entry of a Decree in Divorce pursuant to Section .BOI(c) of the Divorce Code on April 27 and April 28, 1999 respectively, which documents were tiled on May 3,1999. 6. Plaintiff signed his Affidavit of Consent and Waiver of Notice of Intention to Request the Entry of a Decree in Divorce on Deccmber 9, 1999, which were then filed on December 15,1999. , I I I , ~PARATlON AND PROPERTY SE1TLEMENT AGREEMENT ,- TIllS AGREEMENT, made this I S day of j.1/,~. ( ,1999, by and between DORIS 1. WAGNER, of232 Henderson Street, Apt. 2, Carlisle, Cumberland County, Pennsy1V81lia, party of the first part, hereinafter referred to as "Wife", AND IRA E. WAGNER, SR. 1243 Pine Road, Carlisle, Cumberland County, Pennsylvania, party of the second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were married on March 7, 1965, in Carlisle, Cumberland County, Pennsylvania; and, WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made then desirous of living separate and apart from one another as they have done since August 1997; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligation.~, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and, WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and, WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to haVp. that agreement reduced to writing. NOW, TIlEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration. and flXIIIBI'l' "An intending to be legally bound and to legally bind their heirs, successors, assigns and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE ~ SEPARATIO~ 1.1 It shall be lawful for Husband and Wife at all times hereafter to live :leparate and apan from each other and to reside from time to time at such place or places as they shall respectively deem lit, free from any contro~ restraint, or interference, direct or indirect, by each other. N:ither party shall molest the other or compel or elldeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The forgoing provisions shall not be taken to be an admission on the pan of either Husband or Wife of the lawfulness of the causes leading to them living separate and apan. ARTICLE II DIVORCE 2..1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the panies hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivf:ry of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non. pro:lecution or non-defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the panies hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall, be instituted by the other party, or making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covelWlt, and representation is made for the specific purpose of inducing Hu1band and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole of in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever by estopped from asserting any illegality or unenforceablility as to all or any part of this Agreement. u It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final scttlement for all purposes whatsoever. Should either of the parties obtain a decree. judgment or order of separation of divorce in any other state. country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. u This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that tltis Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE m EOUlT ABLE DISTRIBUTION OF MARITAL PROPERTY II The parties have attempted to divide their marital property in a maMer which confonns to the criteria set forth in the PeMsylvania Divorce Code, and taking into account the following considerations: length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement. insurance or other benefits; the contribution or diS!ipation "..-.,4,"l.....,..,~i"...;1 of each party in the acquisition, preservation, depreciation, or appreciation of marital property. including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. u The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property, with exception of ~ mortgage of the real estate deSCIibed in paragraph 3.6 herein. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. u Personal PropertY. The parties acknowledge that they have divided their personal property, tangible and intangible. to their mutual satisfaction. Parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have and neither will make any claim whatsoever against the other party for any other items of personal property of assets that in other party's possession. M Life (nsu~. Each party agrees that the other party shall have and retain sole ownership and possession of any life insurance policy owned by the other party. Each party shall have the right to borrow against, cash in policies, change ben-eficiaries. and exercise any other incidents of ownership of the respective policies free of any right or claim by the other party. Each party agrees to sign any documents necessary to waive, relinquish or transfer any rights in such policies to the respective party who owns such policies. u Subsequently Acquired Property. Husband and Wife hereby waive and relinquish any and aU rights that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquire by the other party. Husband and Wife specifically agree to waive and relinquish any right in such propeny that may arise as a result of the marriage relationship. u Real Estate. The p8lties are the joint owners of real estate located at 1243 Pine Road, Carlisle, Cumberland County, Pennsylvania which is currently held in the parties' joint names. This property is unencumbered and has an agreed upon fair market value of $65,000.00. Parties agree that Husband shall secure a mortgage on the said premises in an amount sufficient to provide Wife with payment of $32,500.00 to compensate her for a one.half interest in the aforesaid real estate. At the time of refinancing and payment to Wife, Wife shall provide to Husband a special warranty, fee simple deed providing him with all of her right, title and interest in the aforesaid real estate. She shall execute such deed and have it appropriately witnessed and notarized so that a photocopy of that si8"cd, witnessed and notarized deed can be provided to the banking institution with whom Husband is securing his mortgage. Wife or her lC\gal counsel shall then provide the signed, witnessed, and notarized deed contemporaneously with Husband retinancing and providing Wife or her legal counsel with the aforesaid sum of $32,500.00. Upon payment of the $32,500..00 and exchange of the decd neither party shall have any additional daims of any nature whatsoever against the other party relative to any legal or equitable aspects of their ownership of the aforesaid real estate. Wife shall make no additional claims of any nature whatsoever, legal or equitable, relative to the ownership of the property and Husband shall make no claim for any type of reimbursement from Wife for any aspects of ownership of the propeny. 1.2 pension Retirement. Profit.Sharinll. Husband is a participant in the Central Pennsylvania Building Trades Annuity Fund which retiJ'ement account has a vested marital value of $1.026.10. Husband shall compensate wife for a one.haIf interest in the aforesaid account by disbursing to her the sum of $513.35 contemporaneously with disbursing the aforesaid $32,500.00 lump sum payment providing her with a "buy.out" or her interest in the jointly held real estate. Upon payment to Wife of the $513.35, Wife shall have and make no claim of any nature whatsoever against Husband's interest in the Central Pennsylvania Building Trades Annuity Fund from that point forward. Further, Wife sha1l execute any and all necessary documents to waive, relinquish or transfer any and all right, title and interest she bas or may have in the aforesaid fund, either individually or through her marriage to Husband, within 15 days of being requested to do so by Husband. In addition, Husband is a participant in the Keystone District Council Carpenters pension Fund. The marital portion of the life annuity monthly benefit to which Husband is entitled based upon the parties separation date of Augu:rt 1991 is $956.30. It is acknowledged that this monthly benefit is marital property. In order for Wife to receive the one.half interest in the aforesaid life annuity Husband agrees to execute a Qualified Domestic Relations Order (QDRO) to provide for wife to receive the sum of $418.15 per month beginning with the first month of Husband's receipt of retirement benefits following his retirement. Wife shall then continue to receive the aforesaid sum as long as husband continues to receive his retirement benefits. The QDRO shall be prepared by Husband's legal counsel and submitted to Wife's legal counsel for approval. Upon confirmation that the QDRO is acceptable to both parties and counsel, it shall be submitted to the Keystone District Council Carpenters Pension Fund for review and approval. Thereafter, the QDRO shall be submitted to the court and approved so that a signed copy can be submitted to the Keystone District Council Carpenters Pension Fund for implementation. With respect to the Keystone District Council Carpenters Pension Fund, once the QDRO has been executed and implemented as aforesaid, Wife shall make no additional claim of any nature whatsoever relative to additional benefits from the aforesaid pension fund. Husband's sole and exclusive responsibility for providing wife with any portion of the aforesaid ., - pelUion fund is through the QDRO set forth herein. Wife shall make no claim of any nature whatso.ever beyond her rights under the QDRO. Except for the pension or retirement aCCounts references above, nr,ither party has any additional retirement, pension, profit-sharing, 40 I K, or similar accounts in their name to whicb they have any rights or benefits. u Vebicle~. Husband shaJJ retain as his sole and exclusive possession the 1994 Ford pickup truck that be has in his possession at present. Husband shall retain sole and exclusive responsibility for the payment of any 10Wl or encumbrance due and owing on the aforesaid vehicle. Wife shall make no claim of any nature whatsoever relative to access or use of the aforesaid vehicle from this time forward. Wife hereby waives, relinquished and transfers any and all rights to ownership she has in the aforesaid vehicle and will execute any necessary documents to transfer her interest within 15 days of being requested to do so by Husband or his legal counsel. Wife shall retain as her sole and exclusive Possession the 1992 Chevrolet Lumina that she currently has in her possession. Wife shall retain sole and exclusive responsibility for the payment of Wly loan or encumbrance due and owing on the aforesaid vehicle. Husband shall make no claim of any nature whatsoever relative to the access for use of the aforesaid vehicle from this time forward. Husband hereby wruves, relinquishes and transfers any and all rights to ownership he has in the aforesaid vehicle and will execute any necessary documents to transfer his interest within 15 days of being requested to do so by Wife or her legal counsel. In addition, the parties are the joint owners of a mobile home that is presently located at the fonner marital residence of 1243 Pine Road, Carlisle, Cumberland County, Pennsylvania. The aforesaid mobile home shall becom.e Husband's sole and exclusive Possession. Wife waives, relinquishes and transfers Wly and all right to ownership she has in the aforesaid mobile home and will execute any and all necessary documents to transfer her interest within IS days of being requested to do so by Husband or his legal counsel. From the date ofelCecution of the agreement forward, Wife has no and shall make no claim of any nature whatsoever rei alive to ownership, interest, legal of equitable ownership interest in the aforesaid mobile home or to any rights of ownership of any aspel.:ts of the mobile home. 1.2 Intanjpble Personal Propert,y. The panies have already trll1l5ferred or waived rights or interests in their intangible personal property including their various bank lIGC()unts, credit union accounts, investment accounts, and the like. Neither party shaI1 make any claim of any nature whatsoever against the other relative to any financial accounts that continue to exist or any accounts that were closed by either party. Neither party shall make any demands for additional payment of cash from one to the other from the time of execution of this agreement forward. ARTICLE IV ALIMONY..ALIMONY FENDENTE LITE. SPOUSAL SUPPORT. CHILD SUPPORT AND MAINTENANCE ti The panies acknowledge that Wife is receiving. spousal support through the Cumberland County Domestic Relations Office docketed to PACSES Case No. 457??oo78 and Order No. 675 S 97, and DR No. 26,732. Husband shall continue to be obligated to make payment on the aforesaid account based upon the parties circumstances at any given time. The order presently in effect shall continue in effect unless either party files a Petition for Modification. Spousal support is modifiable ba.$ed upon a change in either parties' circumstances as may be dictated by the Cumberland County Domestic Relations Office. The spousal suppr,lrt shall continue until such time as Husband retires and Husband and Wife both begin receiving their monthly retirement benefits as set forth under the Qualified Domestic Relations Order referenced in paragraph 3.7 above. In the event the parties conclude their divorce prior to Husband's retirement this order shall convert from spousal support order to an alimony pendente lite order, or alimony order, as would be appropriate under the circumstances. '; .1' I; is being entered into frc.lly and voluntarily, after having received such advice and with such knowledge that execution of this Agrc.lment is not the result of any duress or undue influence. and further that it is not the result of any collusion of inJproper or ilIegal agrc.lment or agreements. 2.l Counsel Fc.ls. Each party agree., to be responsible for his or her own legal fees and expenses, and each party hereby agrees to waive any claim for alimony, alimony pendente lite, counsel fees, expenses or costs. u Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for aU purposes whatsoever. of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, of any party thereof, whether arising out of any former acts, contracts, engagements, of liabilities of such other as by way of dower of curtesy, of claims in the nature of dower or curtesy of widow's or widower's rights, family exemption, or similar allowance, of under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, of all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance. alimony, alimony pendent lite, counsel fees, costs or expenses, whether arising as a result of'the marital relation or otherwise, except and only except, all rights and agreements and oblisations of whatsoever nature arising or which may arise under this Agreement a full, complete, and general release wilh respect to any and all property of any kind or nature, rc:al or persOnal, noC :' mixed, which the other now owns or may hereafter acquire, except and only e"<:ept. all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. M BankruptCl!. The parties agree that any and all financial obligations assumed herein sha11 not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all fuw1cial obligations assumed under Paragraph 3.6, 37, 3.8, 4.1, and S.I of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the action:s of the party claiming bankruptcy. Further, all rights available to the other party provided for in Paragraph 6.14 hereinafter shaIl be available to the party not filing bankruptcy. ~ Warranties. Each party represents that they have not heretofore incurred or contracted for any debt, liability or obligation for which the estate of the other party may be responsible or liable, e"cept as may be provided for in this Agreement. Each party agrees to indemnitY or hold the other party hannIes., from and against any and all such debts, liabilities or obligations of every kind, including those for neces"ities. e"cept for the obligations arising our of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts. charges, and liabilities incurred by the other after the e"ecutioll date of the Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. M No waiver or moditicatioll of any of the teons of this Agreement shall be valid unless in writing and signed by both parties and no w,ivei" of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. u Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assigrunents, releases, satisfactions, deeds, notes or such other writings as may be necessarY or desirable for the proper implementation of this Agrt1ement, and as their respective coUl1JeI shall mutually agree should be so executed in order to carry tWIy and effectively the terms of this Agreement. 2J. This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. u This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. tiQ This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or wartanties other than those expressly set fonh herein. 2J..1 Severability. If any tenn, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause, or provision shall be stricken from this Agreement, and in all other respect., this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sectiOIlll herein shall in no way void or alter the remaining. obligatiollll of the partics. U4 [t is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. Ul .D.i&~. The parties each warrant and represent to the other that he or she Iw made a fuU and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of ever type whatsoever, and all other facts relating to the subject matter of this Agreement. ill Enforceability and COllllideratilm. This Agreement shall survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the tenns of the Agreement by either Husband or Wife until it shall have been fully satisfied and perfonned. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the partics hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breached the aforesaid Agreement and it is d'ltennined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for a!1Y and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the ,'Vent NOW THEREFORE, IT IS ORDERED AND DECREED AS FOLLOWS: I. Thc partics intcnd 1'01' this Ordcr tOI:onstitutc a "Qualificd DOlllcstic Relations Ordcr" as dcfincd in Scction414(p) ot'thc Intcrnal Rcvcnuc Codc ot' 1986, liS alllcndcd. 2. This Ordcr applics to thc f'ollowing qualilicd rctircllIcnt plan: Kcystonc District Council Carpcntcrs pcnsion Fund. 3. Ira E. Wagncr, Sr., social sccurity numbcr 192-30-2175, (hcrcinal\cr rcfcrrcd to as "Participant") is a participant in thc Kcystonc District Council of Carpcntcrs Pcnsion Fund. 4. Doris J. Wagncr, social sccurity numbcr 161-34-1066, (hcrcinal\cr rcfcrrcd to as "Altcrnatc Paycc") is the Participant's spousc. 5. Participant's datc of birth is Octobcr 26,1937 and his currcnt and last known mailing addrcss is 1243 Pinc Road, Carli sic, Cumbcrland County,Pcnnsylvania 17013. 6. Alternate Payce's datc ot' birth is August II), 1942 and her currcnt and last known mailing addrcss is 1422 Bradley Drive, Unit C213, Carli sic, Cumbcrland County, Pcnnsylvania 17013. 7. A portion of the Participant's account inthc Plan is marital propcrty subjcctto thc distribution by this Court pursuant to the partics' Separation and Propcrty Settlcment Agrcement dated April I, (1)1)9. Said Agrecmcnt, in paragraph 3.7, providcs that Altcrnate Payee shall be entitled to rcceive a FIFTY (50%) PERCENT of thc marital portion of Participant's funds and bencfits in thc Plan. 8. Thc marital portion of thc Defincd Bcnefit Plan available for distribution hercin is NINE HUNDRED FIFTY-SIX alld 301100 ($956,30) DOLlARS pCI' month. FIFTY (50%) PERCENT of this amount is FOUR HUNDRED SEVENTY-EIGHT alld 15//00 ($478./5) /)OLLARS per mOl1lh, This umount is the monthly umountto which Allernute Payee is entitled elTeelive February I, 2000, and shall continue until the earlier of Purtlcipant's deuth or Allernate 1'1Iyee's deuth, Said sum of $4711, 15 shall be puid monthly to the Allernate Payee eonlelllpornneously with distributions to Purticipunt. with each party bcing responsible for the tax consequences of their respective reccipt of funds, 9, Any action taken by Participant relative to reccipt of Plan funds shull not reduce bencfits assigned to the Alternative Payee by this Order, For exulllple, in the event Participant elects an early retirelllent or disability retirement option. Allernate Payee's monthly payment, as described in paragraph 8 above. may not be reduced, 10, This Qualified Domestic Relations Order is not intended to, in any way, affect any survivor benefits available under the Plan, which benefit shall remain solely as a benefit of Participant. The Allernate Payee acknowledges the fact that if Participant dies prior to retirement, the Allernate Payee is not entitled to any benefits under this Qualified Domestic Relations Order, 11. This Order does not require the Plan to provide any type or form of benefit, or option not otherwise provided under the Plan; or require the payment of any benefits for the Alternate Payee which arc required to be paid to .mother Alternate Payee under another Order previously determined to be a Qualified dOlllestie Relations Order; or require the Plan to provide increased benefits which result from future contributions to the Plan. Any provision of this Order which appears to be otherwise shall be null and void and have no effect. 12. In no event shall the Alternate Payee have a greater right than those which are available to the Participant. All payments to Alternate Payee provided for herein shall cease upon Participant's death. 13. Upon mailing of this Order, to the Plan Administrator, if this Order has been predetermined by the Plan Administrator to constitute a Qualified Domestie Relations Order, the Plan Administrator shall properly ellrry out the pl'Ovisions. If this Order has not been predetermined by the Plan Administrator as a Qualified Domestie Relations Order, then the Plan Administrator shall, within a reasonable time, as defined by ERISA, after the reeeipt of this Order, determine whether this Order is a Qualified Domestic Relations Order and notify both the Participant and Alternate Payee of such a determination. Until such time as a determination has bcen made, the Plan Administrator shall comply with all requirements imposed upon it by Section404(p)(7) of the Code and Section 206(d)(3)(h) of ERISA. If the Plan Administrator detennines that this Order is not a Qualified Domestic Relations Order, then it shall notify thc Participant and Altenlate Payee of such a determination and reason therefore. 14. The Court of Common Pleas of Cumberland County shall retain jurisdiction for enforcement purposes and to make any changes in this Order to the extent required to carry out the intent of the parties as evidenced by their affirmations set forth herein and in the aforementioned Separation and Property Settlement Agreement, or to establish or maintain its qualifications as a Qualified Domestic Relations Order under ERISA. n '~'I () 5.: ....' " 3"- '.. :'ij --, r,1 j : ~ ,r" .-"'.-....... . 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