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SETTLEMENT AGREEMENT
THIS IS AN AGREEMENT made this ~ day of May, 2000, by and between Charles A.
Jarvis, presently residingal The Wellingtonllote{, Apt. 304, Carlisle, P A 17013, hereinafterrelcrred
to as Husband and Grace L. Jarvis, of300 Glendale Street, Carlisle,P A 17013, hereinafter referred
to as Wife.
WHEREAS:
A. Husband and Wife were married on June II, 1966 in Bismarck, Illinois;
B. The parties have two children, Matthew Jarvis and Katherine Jarvis, beth now
emancipated adults;
C. Various unhappy differences have arisen between Husband and Wife, whereby they
separated on July 29, 1998 (hereinafter sometimes referred to as "Date of
Separation") and desire to dissolve their marriage;
D. A Complaint in Divorce was filed by Wife on July 29, 1998 in the Court of Common
Pleas of Cumberland County at No. 98-4367;
E. The parties desire to by this Agreement to conclusively settle all issues between them
including all issues which have been raised, or which could have been raised, in the
above noted divorce action.
NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be
bound by the provisions hereof, the parties agree as follows:
I, Contemporaneously with the signing of this Agreement, Husband shall execute a deed
in order to convey to Wife all of his right, title, and interest in real property and improvements
thereon jointly owned by the parties and known as 300 Glendale Street, Carlisle, Cumberland
County, Pennsylvania, Wife shall assume and pay the balance due under the first mortgage and all
judgments, liens, notes, and other debts and encumbrances relating to said property existing as of
the date of separation and on the date of this Agreement and to indemnify, save, and hold harmless
Husband against any and all claims, causes of action, suits or litigation for money owed, damages,
indirect or consequential, including legal fees, arising out of failure of Wife to so pay same.
2. Parties have agreed hetweenthemsclves on distribution of personal properly owned,
each conveying to the other all of his or her right, tille, and interest therein; excepting benefits,
rights, and assets as more fully set forth hereafter.
Except as follows, each party has in his and her possession as of the date ofthis Agreement
ail personal property to which each claims an interest and each hereby convcys his or her righI, title,
and interest by this Agreement. Husband has removed from residence all personal property in which
he has any interest, except those items set forth on list ~ttached hereto and made a part hereof as
Exhibit I, which shall be removed from the premises no later than June 13,2000.
3. Except for the mortgage referred to in Section 1 above, the parties had no joint debts
as ofthe Date of Separation up to, and including, the present. Each party shall be solely responsible
for any individual debts they may have incurred since the Date of Separation and hold the other party
ham1less with respect thereto.
4. On the Date of Separation, the parties jointly owned the following accounts:
I. Keystone Financial Account Number 396 052
2, Keystone Financial Account Numbcr 0000470473
3. Harris Account Number 1700000970
4. DAFCU Account Number 67530
The first three accounts shall be the sole and separate property of Wife.
The fourth account shall be the sole and separate property of Husband. The parties shall
execute whatever documents arc reasonably necessary to carry out such transfer.
5. On the Date of Separation, Husband owned retirement accounts valued at
$7\0,327.00 and Wife owned retirement accounts valued at $256,987.00 or a combined total of
$967,314.00. Each party shall receive half of this combined total, and, to achieve this, a total of
$226,670.00 shall be transferred from the retirement account of Husband to the retirement account
of Wife by means of a Qualified Domestic Relations Order (hereinafter "QDRO") which shall be
prepared by the attorney for Wife and, after approval of attorney for Husband, submitted to the
Cumberland County Court with the Motion for Final Decree, The QDRO shall provide that half of
the transferred funds ($113,335,00) shall bc from Husband's TIAA account number RA A 423504-8
and half from Husband's CREF account number RA p 423504-5,
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6. Concurrently with the signing of this Agrcemcnt, Wife shall pay Husband the sum
of Forty Thousand ($40,000.00) dollars by sight draft.
7. Except as otherwise set forth herein, each party hcreby releascs the other from any
and all claims, or demands arising out of the parties right to equitable distribution of personal and
real property under Section 401 of the Divorce Code, or any rights or claims in the personal or real
property in the possession of/he other party arising under the law. It is the intention of the parties,
by this Agreement, to finally settle and resolve all issues between them.
8. Both parties agree to execute all necessary documents, pleadings or affidavits in order
to obtain a consent divorce. In the event offailure ofa party to eXCC'lte timely documents to convey
interests in property, real or personal, both parties do hereby irrevocably grant, each to the other,
should the exercise of this power hereby given be necessary, the right and the power to appoint one
or more times any person or persons whom the Husband and Wife shall designate to be the
attorney-in-fact for the other, in their name and in their stead, to execute and acknowledge any deed
or deeds, releases, quit claims, or satisfactions, under seal or othcrwise, to enable either party hcreto
to alicnate his or her real or personal property, in accordance with this Agrcement; but without any
power to impose personal liability for breach of warranty or otherwise
9. Wife shall forthwith discontinue the support action docketed to No. 317 S 1999 and
DR# 28,581.
10. Since the Date of Separation neither party has contracted or incurred any debt or
liability for which the party, or his or her property or estatc, might be responsible and shall
indemnify and save the other party harmless from any and all claims or demands made against him
or her by reason of debts or obligations incurred by the other party sinee the Date of Separation.
II. Each party hereby waivcs, releascs and relinquishes any and all rights that he or she
may now have or may hereinafter acquire as the pal1y's spouse under the present or future laws of
any jurisdiction:
A. To elect and to take under any Will or Codicils of the other party now or hereafter.
B. To share in other party's estate in case of intestacy.
C. To act as executor or administrator of the othcr party's estate.
GRACE LAURY JAIWIS,
Plaintiff
: IN THE COUlnOFCOMMON PLEAS OF
: CUMBERLAND COUNTY, I'ENNSYLV ANIA
v
: CIVIL /)fVISION . LA W
: 98-4367 - CIVIL TEI~1\1
CHARLES A. JARVIS,
Dcfcndant
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following infonnation, to the Court for entry of a divorce
decree:
I. Ground for divorce; Irretrievable breakdown under Section 3301(e) of the Divorce Code.
2. Date and manner of service of the Complaint: The Complaint was mailed by certified,
return receipt mail to Defendant on July 29, 1998,
3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce
Code: Plaintiff signed on May 11,2000; Defendant signed on November 3,2000.
4. Related claims pending: NONE.
5. Date Plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary:
May II, 2000. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
Prothonotary: November 3, 1999.
~
Date; May 17, 2000
Joht H. B oujos, Esquire No. 6268
4 NOli anover Street
Carlisle, Pennsylvania 170 I 3
717/243-4574 or 7171766-1690
FAX #717/243-8227
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GRACE LAURY .'AIW,S,
Plaintiff
: IN TilE COUnT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
v
: CIVIL DIVISION - LAW
: 98-4367 - CIVIL TEI~M
CHARLES A. JARVIS,
Dcfcndant
: IN DIVORCE
PLAINTIFF'S AFFfDA "fT OF CONSENT, ACCEI'T ANCE OF
SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE
J. A Complaint in divorce under Section 330 I (C) of the Divorce Code was filed on July 29,
J998.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about July 30,
1998.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of the tiling of the Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees
or expenses if! do not claim them betore a divorcc is granted.
6. I understand that I will not be divorced until a Divorce Decree is entered by the Court and
that a copy of the Decree will be sent to rne immediately atter it is filed with the
Prothonotary.
7. I have been advi~~d of the availability of marriage counseling and understand that I may
request that the Court require counseling. I do not request that the Court require counseling.
I verifY that the statements made in this aftidavit are true and correct. I understand that false
statements herein are made subject to the penalties of /8 Pa.C.S. 94904 relating to unsworn
falsification to authorities.
Date: ~ \ I rz,O
GL.:0 ~
Grace Laury Jarvis, PI 'ntiff
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III the Court or Commoll Picas or CUMBERLAND County, Pennsylvania
DOMESTIC RELATIONS SECTION
GRACE L. JARVIS ) Docket Numher 98-4367 CIVIL
Plaintiff )
vs. ) PACSES Case Numher 371101043/0:19'.%'(
CHARLES A. JARVIS )
Defendant ) Other State ID Numher
ORDER
AND NOW, to wit on this
31ST DAY OF AUGUST, 1999
IT IS HEREBY
ORDERED that the 0 Complaint for Support or 0 Petition to Modify or (i) Other
PETITION FOR A.P.L.
filed on
MAY 3, 1999
in the above captioned
matter is dismissed without prejudice due to:
AN ORDER OF SPOUSAL SUPPORT UNDER DOCKET NUMBER 317 S 1999 (PACSES #652100977)
o The Complaint or Petition may be reinstated upon written
filed within one year from date hereof.
(jA)
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BY THE COURT:
ORO: RJ Shad day
rlaJ.led copIes
P-:3.99 to:
PetJ.tioner
Respondent
J. Broujos, Esq.
'f. W:LlUams, II I,
KeVl~:! d
/
JUDGE
Esq.
Service Type M
Form OE-506
Worker ID 21005
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obtaining a key from Wife's attorney for the Iimiled-and'identified-emergency
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l)to ',,, t'"e:!\I< "'hL
(D) During Husband's absence from Carlisle during the summer, Husband has the \' (\.. ~fl.'"
o"I-\{;~
right 10 store his automobile in the garage and shall obtain from and return to Wife's Tl'h,~
~"S<=\.l",,-il
attorney the garage door opener during Ihe period of absence for access to the ;:"'t?""$I""",-"
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garage only.
5. Nothing herein should be construed as or constilute an admission or commitment to
any right or interest in the marital residence or the furnishings therein for equilable
distribution under Section 3501(c) of the Divorce Code.
6, Nothing herein shall prevenl either party at any time from petitioning the Court for a
hearing on the matter of exclusive possession.
WHEREFORE, the parties hereto request the Court to render an Order implementing
this ag eement.
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Grace L. Jarvis, laintiff
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Attorney ~ efendant
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Charles A. Ja
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(mACE LAUIW .JARVIS,
Plaintiff
: IN TilE COURT OF COMMON PLEAS OF
: CUMBEI{LAND COUNTY,I'ENNSYLVANIA
VS.
: CIVIL mVISION - LA W
CHARLES A. .JARVIS,
I)cfcnd:tnt
: NO. 98-4367 CIVIL TERM
: IN DIVORCE
FINAL ORI>ER
AND NOW, this _ day or
,2000, ancr hearing by the Master on the question orto
whom thc Family I-lame at 300 Glendale Street, Carlisle, PA shall be awarded, it is ordered and
directed that the Family Home is hercby awarded to PlaintirC who is authorized to lease the
Family Home pending linal order or distribution orthe rcmaining assets or the parties.
BY THE COURT:
J
possession "during the pendcney of the action or othcrwisc," Exclusivc possession did not
"constitute an admission or commitmcnt to any right or intcrest in thc marital rcsidcnec..,"
II. Since the separation, Plaintirf has rcsidcd within the household, with posscssion of
furniturc thcrcin constituting Plaintiffs property by agrcement of the parties, subjcet to final
court ordcr.
12. Plaintiff has eontinucd to residc in the premiscs to the present, utilizing the household
furnishings agreed to by the partics; providing facilities 1'01' the two childrcn of the partics
visiting Carlisle; and cntcrtaining studcnts (both foreign and local) and visiting writers/artists in
residcnec, and othcr dignitarics.
13. Final Master's hcaring is sehcduled for May 16.2000.
14. In thc meantimc. Plaintiff has plans to go to Malaga in Junc. 2000, for a two year period
as director of the Malaga Program for Dickinson Collcgc.
15. Dcfendant is bclievcd to return abroad as a dircctor or the Bologna Program.
16. Plaintiff has claimed the house as her share of equitable distribution, prepared to forego
sufficient runds from other assets of the parties and a share of Defendant's pension assets to
equitably balance distribution in accordance with the formula recommended by the Master as
contirmed by the Court.
17. Plaintiff has consistcntly included award of the family home to her, in all documents filed
during negotiations, Pre-Trial Memorandum, and demands.
18. Defendant has not claimed the (-tome in any of the Ictters or documents filed in this case.
During the Pre Trial Conrerenee of counsel with the Master, Defendant made no request for. the
Home, He suggested through his attorney occupancy by Dcfendant during Plaintiffs 2 ycarsin
Bologna. This would constitute an intolerable intrusion on thc privaey of Plaintiff-an award to
wife, with a foreed tenancy to the alienated husband,
19. Further, Defendant in his correspondence has assumed the I (ome will go to PlaintifT by
asking Plaintiff to pay a specific amount to Delcndant to set ofT the value of the I-lame passing
to Plaintiff.
20. Plaintiff desires to retain the I-Iome as a plaec to which the children may relurn and to
constitute her home. She intends to retirc to the home and reside in Carlisle. She has made no
effort or plans to tetirc elsewhere. Defendant on the other hand would be eligible for retirement
at agc 62. three years prior to the age Plaintirrintends to retire.
21. II' the I-Iome were awarded to Plaintirl: she would lease the property for the two year
period during which she would be absent rrom the country. Upon her return she would reside
continuously in the I-Iome. However, if the equitable distribution deeision is not made until May
16, she would lose the prime period for leasing the premises to an Anny War College student,
since the next scveral weeks arc the erueial time for leasing. The market for leasing of a large
residcntial property is very small.
22. In the event the Court in May would award the Home to Plaintiff, she would have lost an
opportunity to lease to a rcsponsible tenant and would otherwisc be unavailable to be present
during the leasing period for any tenant.
23. Just bceause Plaintiff by pcrforming her duties as a direetor of Malago Program is out of
the country 1'01' two years is not a reason to deny her award of the I-lame.
24. Plaintiff requests the Court to direct a bifurcated equitablc distribution proeeeding, with
an immediate decision now on thc award of the Home, with the remainder of the assets
distributed atthc regular Hearing on May 16. ^II of the alternative distributions in Plaintiffand
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GRACE LAUIW ,IARVIS,
Plaintiff
IN TilE COURT OF COMMON I)LEAS OF
ClIMIIEIU,AND COUNTY, I)ENNSYLVANlA
\IS.
CIVIL I>IVISION - LAW
CHARLES A. .IAIWIS,
Defendant
NO. 98..13(,7 CIVIL TERM
IN 1)IVOnCE
ORDER
AND NOW, this ___ day of March. 2000, upon Petition. it is ordercd that a hearing bc
held on thc
day of
. 2000, at
o'clock _.111. in Courtroom
No. in the Courthouse. Carlisle.
BY THE COURT:
.I
cc: John H, Broujos, Esquire
Thomas J. Williams, Esquire
Divorce Master
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:~: BROUJOS&:,GILROY,P. c, ",-
ATTORNEYS AT LAW ' , ,., ,
4 NORTH HANOVER STREET'
CARLISI.E, PENNSYLVANIA 17013
717-243.4574 766.1690
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GRACE LAURY ,JARVIS,
Plaintiff
IN TilE COllin OF COMMON PLEAS OF
ClIMIIERLAND COUNTY, PENNSYLVANIA
\'s.
CIVIL I>IVISION - LAW
CHARLES A. ,JARVIS,
Dcfcndant
NO. 98-4367 CIVIL TERM
IN I>lVORCE
PETITION FOR SPECIAL RELIEF IN THE NATURE OF A BIFURCATED
PROCEEDING BASEI> ON EMERGENCY EQUITABLE DISTRIBUTION PROBLEM
Plaintiff Grace L. Jarvis, through her attorncy John H. Broujos, of Broujos & Gilroy. P.C.. sets
rorth the following Petition 1'01' Special Relici':
I. Plaintiff is Grace Laury Jarvis, 300 Glendale Street, Carl isle, P A 17013.
2. Defendant is Charles A. Jarvis, 17 E. IIigh Street, Carlisle, PA 17013.
3. On Junc 6, 1998, Plaintirf tiled an action in divorce requesting equitable distribution and
other relief.
4. Plaintiff and Defendant are contract instructor and professor with tenure, respectively, at
Dickinson College.
5. A major asset of the marriage is the two-story residence at 300 Glendale Street, Carlisle,
owned jointly by the parties.
6. The parties have lived in the house since 1977 as husband and wife,
7. On July 29, 1998, the parties separated.
8. Husband took up residence at 17 E. High Street, Wellington Hotel.
9. Plaintiffeontinucd to reside in the residence by consent of the parties.
10. On May 17. 1999, Plaintirf, upon petition and with consent of Defendant, was granted an
order of Exclusive Possession of Family Home, under Section 20 PS 3502(e), which provides for
posscssion "during thc pendency ol'the action or otherwisc," Exclusivc possession did not
"conslitutc nn ndmission 01' eommitment to nny right or intercst in the nwrilnl residence..."
II. Since the separation. I'lnintirr has resided within the houschold. with possession 01'
Illrnilure thercin constituting Plaintiff's propcrty by agreement ol'the parties. subject to linal
eourt order.
12. I'Jaintiffhas continucd to residc in the premises to the prcscnt. utilizing the household
lllrnishings agreed to by the parties; providing Iheilities lor the two ehildren of the parties
visiting Carlisle; nnd entertaining students (both J(Jrcign and local) and visiting writers/urtists in
residence, and other dignitaries.
13. Final Master's hearing is seheduled lor May 16.2000.
14. In thc meantime.l'laintilThas plans to go to Malaga in Junc. 2000. 1'01' a two year period
as direetor of the Malaga Pl'Ogrum lor Diekinson College.
15. Defendant is believed to return abroad as a director or the Bologna Program.
16. Plaintiff has claimed the house as her share or equitable distribution, prepurcd to forego
sufficient funds from othcr assets of the parties and a share of Defendant's pension ussets to
equitably balance distribution in aeeordanee with the formula recommended by the Master as
confirmed by the Court.
17. Plaintiff has consistently included award of the family home to her, in all documents filed
during negotiations, Pre-Trial Memorandum, and demands.
18. Defendant has not claimed the l-lome in any of the lettcrs or documents filed in this case.
During the Pre Trial Confcrenee of eounscl with the Master, Defendant made no request for the
Home. He suggested through his attorney oeeupaney by Defendant during Plaintiffs 2 years in
Bologna. This would constitute an intolerablc intrusion on the privacy of Plaintil'r-an award to
wile. with a III reed tenancy to the alicnated husband.
IlJ. Furthcr, Defendant in his eOITesponlkncc has assumcd the Ilome will go to I'laintiffby
asking PlaintilTto pay a specilic amount to Defendant to sct off the value or the Home passing
to Plaintiff.
20. PlaintilTdcsires to retain the Home as a plaec to which the ehildrcn may rctul'l1 and to
eonstitute her home. She intcnds to retire to the hlllne and reside in Carlisle, She has made no
cf'fort or plans to retirc elscwherc, Defcndant on thc othcr hand would be eligible for retirement
at age 62. thrce years prior to the age Plaintiff intends to retire.
21. If the l-Iome wcre awarded to Plaintiff: she would lease the property for the two year
period during which she would be absent from the country. Upon hcr return she would reside
continuously in the I-Iome. Howcver. if the equitable distribution decision is not made until May
16, she would lose thc prime period for leasing the premises to an Army War College student,
since the next several weeks are the erueialtime for leasing. The market for leasing of a large
residential property is vcry small.
22. In the event the Court in May would award the Home to Plaintirf. she would have lost an
opportunity to lease to a responsible tenant and would otherwise be unavailable to be present
during the leasing period for any tenant.
23. Just because Plaintiff by performing her dutics as a director of Malago Program is out of
the country for two years is not a reason to deny her award of the I-lome.
24. Plaintiff requests the Court to direct a bifurcated equitable distribution proceeding, with
an immediate decision now on the award or the Home, with the remainder of the assets
distributed at the regular Hearing on May 16. All of the alternative distributions in Plaintiff and
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GRACE LAURY JARVIS,
Plainti ff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LA W
NO, 98-4367CIVIL
CHARLES A. JARVIS,
Defendant
IN DIVORCE
ANSWER TO PLAINTIFF'S PETITION FOR SPI':CIAL RELIEF IN THE
NATURE OF A BIFURCATED PROCEEI)ING BASED ON EMERGENCY
EOUITABLE DISTRIBUTION PROBLEM
AND NOW, comes Defendant, Charles A. Jarvis, by and through his attorneys, MARTSON
DEARDORFF WILLIAMS & OTTO, and answers Plaintiffs Petition as follows:
1-6. Admitted.
7. Denied. July 29, 1998 is the date the divorce complaint was tiled. At that time, both
parties were residing at the marital residence, 300 Glendale Street, Carlisle.
8. Admitted. By way of further answer, Wife asked Husband to move out during the
pendeney of the divorce on the grounds that she could not tolerate living with him. Husband
reluctantly found a small apartment in the Wellington Hotel on East High Street where he has been
living every since while Wife has enjoyed a very nice house which was the marital residence.
9. Admitted, See paragraph 8 above which is ineOllJorated herein by reference thereto,
10. Admitted.
11. Denied. The fact that Defendant has graciously allowed Plaintirf to reside in the
marital residence while he lives in a third 11001' walk-up in no way constitutes an agreement by him
that the house should go to her, let alone that the contents ofthe house should go to her.
12. Admitted that Wife has had full use and enjoyment of the martial residence at least
since May 17, 1999, while Husband's living arrangements in his third 11001' walk-up have been
severely limited.
13. Admitted.
14. Neither admitted or denied. Husband has never received confirmation of Wife's
plans.
15. Denied. Husband intends to continue his employment with Dickinson College;
however, the details of that as far as the future have not been confirmed,
16, Admitted only irl'laintiffwill agree tlwtthe fnir market v,lIue of the maritnl residence
lor equitnble distrihution purposcs is S 186,000,00 and that the lilir rentnl valuc ofthe house has been,
at all times pertinent hereto, $ I ,000.00 per month.
17. Admitted that Plaintiff has nlways wanted the house awarded to her. By way of
further answer, Defendant hnd not agreed to this and feels he would like to live there also, but most
likely the house will have to be sold to raise cash.
18. Denied as stnted. Husband has consistently framed his demands in terms of a
percentage of the marital property. The maritnl properly includes the marital residence. Whether
Wife buys the mnrital residence at ils rail' market value, or whether the marital residence is sold and
the proceeds divided, is immaterial to Husband, It is admitted that Husband will not be able to
arford the marital residenee,
19. Denied as stated. This allegation refers to settlement negotiations in which an
unsuccessful attempt was made to accommodate Wife's request to be awarded the martial residence
with corresponding set off of other marital property. These unsuccessful settlement negotiations are
completely irrelevant for presenl purposes.
20. Husband has no objection whatsoever to the children returning to the marital
residence and feeling that it is their home, During Wife's two year absence in Spain, Husband will
make the children weleome as usual. Any suggestion that Husband has made a decision as to his
retirement age is untrue.
21. Denied. After reasonable investigation, Husband believes there is a rental market
for residential property in Carlisle, and, in any event, intends to occupy the marital residence if Wife
is not going to do so.
22. Denied. Paragraph 21 hereof is incorporated herein by reference thereto.
23. Admitted.
24. Husband is opposed to a bifurcated equitable division proceedings. This
is scheduled to eome before the Divorce Master on May 16 and will be entirely resolvedafthat
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GRACE LAURY .JARVIS,
Plaintiff
IN TilE COUIH OF COMMON I'LEAS OF
CUMBEIH.ANI> COUNTY, I'ENNSYLV ANIA
VS.
CHARLES A. ,JARVIS,
I>cfcndant
CIVIL I>IVISlON - LAW
NO, 98-4367 CIVIL TERM
IN I>lVORCE
./. "A YLEY
MEMORANI>UM ON THE PETITION FOR SPECIAL RELIEF,
REQUESTING BIFURCATED PROCEEDING
On Mareh 22 PlaintirfGraec L. Jarvis filed a Petition for Speeial Reliefin the Nature ofa
Bifurcated Proceeding Based on Emergeney Equitable Distribution Problem,
On March 28 the Court issued a Rule upon the Defendant to file an Answer to the
Petition.
On April 7 Derendant filed an Answer to the Petition,
On Monday, April 10, counsel for Plaintiffsought a conference for both counsel with the
Court to determine whether the Court wanted argument and the Court's position on the Petition
and Answer. Sinee the Court was not available during the week of April 10, Plaintiff's counsel
is requesting the Court to order an expedited hearing on the issue by the Master as soon as
possible. Estimated hearing time is one hour.
Speeifieally, eounsel requests an opportunity for conference of the Court with both
counsel on Monday morning, April 17.
Both eounsel ar.. available. ~_
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John 1- . Broujos, Attorney for Plaintiff
4 N. anover Street
Cadis e, PA 17013
717 243 4574 Fax 243 8227
PaBaI' 6268
April 14,2000
c: Thomas J. Williams, Esquire for Defendant
..
GRACE LAURY JARVIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 98 - 4367 CIVIL
CHARLES A. JARV r S,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DAT: Friday, October 22, 1999
Present for the Plaintiff, Grace Laury
Jarvis, is attorney John H. Broujos, and present for the
Defendant, Charles A. Jarvis, is attorney Thomas J.
Williams.
A divorce complaint was filed on July 29,
1998, ralslng grounds for divorce of irretrievable breakdown
of the marriage. Counsel have indicated that the parties
will sign and file affidavits of consent and waivers of
notice of intention to request entry of divorce decree so
that the divorce can be concluded under Section 3301(c) of
the Domestic Relations Code. The complaint also raised the
economic issues of equitable distribution, alimony, and
costs and expenses. No claim has been raised by either
party for counsel fees.
With respect to the claim of alimony, counsel
have indicated that they do not expect to offer any
testimony on the factor of marital misconduct.
The parties were married on June 11, 1966,
and separated July 29, 1998. They have two children who
are emancipated.
Wife is 55 years of age and resides at 300
Glendale Street, Carlisle, Pennsylvania, where she lives
alone. She has a Master's degree and is an instructor at
Dickinson College in Spanish. Her gross income is
$56,900.00 annually; however, Mr. Williams has pointed out
that on occasion she will take assignments in Italy which
may result in her being relieved of any income tax liability
and also receiving a housing benefit. Mr. Williams'
position is that consequently her net income is increased by
the avoidance of tax payments and by the fact that her
expenses are reduced for housing. Wife's net income based
on her current salary is $3,252.00 per month, This number.
is what was used by the Domestic Relations Office in
deriving at her alimony pendente lite payment which she
1"
receives from husband in the amount of $283.00 per month.
Wife has not raised any health issues.
Husband is 57 years of age and resides at 17
East High street, Carlisle, Pennsylvania, where he lives
alone. He has a Ph. D. and is a pro fessor a t Dickinson
College and teaches history. His annual gross income is
$71,200.00 and the Domestic Relations Office determined his
net monthly income to be $3,960.00. Husband has not raised
any health issues.
Both parties receive medical insurance
coverage through their employment.
The parties own real estate at 300 Glendale
street, Carlisle, Pennsylvania, where wife is residing. The
property was appraised by Wolfe & Shearer showing a value of
$193,000.00. Mr. Broujos indicated that currently the
payoff on the mortgage is around $7,000.00 leaving a net
equity of around $186,000.00. Wife has been making the
mortgage payments which include taxes and insurance. Wife
would like to retain the real estate as her sole and
separate property as part of her distribution of the marital
estate.
The parties own two vehicles, a 1998 Ford
Taurus which is in husband's possession, and a 1998 Ford
Escort which is in wife's possession. Two values suggested
on the pretrial statements are $13,000.00 for the Taurus and
$3,200.00 for the Escort. Counsel can determine if they can
stipulate to those values or review the values as suggested
and determine another value if appropriate. For instance,
Mr. Williams has indicated that he thought the value for the
Escort was low.
The parties had the household tangible
personal property appraised and the value shown by the
appraisal is $8,528.00; however, the parties are going to
update the list of property because they claim Mr. Rowe did
not include certain items. Counsel are going to review the
updated list and see if they can come to some resolution
regarding distribution and value of property assigned to
each of the parties with respect to the household
personal ty.
Both parties on their pretrial statement have
listed retirement accounts and checking and savings
accounts. Counsel have indicated they had intended to meet
to see what stipulations they could arrive at with regard to
the values of these cash accounts and indicated that they
~
intend to have a meeting in the future. The Milster
suggested thilt when they get their worksheet prepared ilnd
hilve indicilted whilt stipuliltions they can ilgree to with
regard to valuations, they should perhaps suggest to the
Master's office a four-pilrty conference so we can sit down
with the parties and see if we can come to some resolution
of the entire Cilse.
An issue which wife is raising is that she
put off getting her education for the benefit of husband's
career. She worked to help maintain the family while
husband was pursuing his education and she consequently has
not attained the educiltional level that husband has which
she indicates by raising this issue would affect her ability
to have increased income in the futUre. At the present
time, because of her status at the college, she is an
instructor rather than a prOfessor, she does not have a
Ph.D., and therefore, her income is less than husband. Also
Mr. Broujos has pointed out that wife does not have tenure
sin~e that is only available to professors. Mr. Williams,
on the other hand, stated that he could produce a witness
who would testify from the college that wife's career is
solid and that she is in no jeopardy of losing her postion
even though she does not have tenure status.
The parties have not reported on the pretrial
statements any marital debt except for the mortgage on the
residence at 300 Glendale Street, Carlisle, Pennsylvania.
A cursory review of this case leads the
Master to make a comment to counsel that he would like to
avoid getting into an alimony payment on an indefinite basis
if we could configure a settlement using the distribution of
assets in an equitable distribution. The Master says this
simply as a general statement, considering what facts he has
before him at the present time, to separate the parties
financially at the time that a divorce is entered.
Mr. Williams has indicated that he intends to
raise a rental value claim based on the fact that wife's
payment for mortgage and taxes is around $200.00 a month and
that the property most likely has a much higher value for
rent than wife is paying on the mortgage. Mr. Williams
indicated that he hopes to establish the rental value based
on what the parties have rented the property for in the
past; however, if Mr. Brouj os will not agree to that number.
then Mr. Williams can ask an appraiser to give him an
opinion as to rental value. Mr. Broujos has indicated that
he will present evidence that wife has put into the property
for maintenance and improvement expenses at least
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'rf.N EAn Illl,lI STltn:r
CARLInI', I'I'NN\nVi\NIt\ 17013
. -
GRACE LAURY JARVIS,
Plaintirr
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
NO.9S-4367CIVIL
CHARLES A. JARVIS,
Derendant
IN DIVORCE
I>F.FENI>ANT'S I'RF.-HF.ARING MF.MORANDlJM
AND NOW COMES Defendant, Charles A. Jarvis, by and through his attorneys,
MARTS ON, DEARDORFF, WILLIAMS & OTTO and files his Pre-Trial Statement under
Pennsylvania Rules of Civil Procedure I 920.33(b ), as follows:
l. Marital assets of the parties include the marital residence at 300 Glendale Street,
Carlisle, Cumberland County, Pennsylvania, furnishings of the marital residence, and the parties'
pensions.
2. Husband intends to call at trial an expert witness, Robin Rowe, to testify as to the
value of the parties' ne\tworth, including pensions and future projected changes thereof.
3. Husband does not anticipate that any fact witnesses other than the parties will be
necessary.
4. Husband intends to offer into evidence copies of the appraisals of the marital
residence and furnishings, and a report as to the value of the parties' pensions, all of which are too
voluminous to attach, but have been provided to Wife's counsel. Husband reserves the right to
supplement this upon reasonable notice to the Wife.
5. Husband is employed full time at Dickinson College. A copy of Husband's payroll
stubs dated July 30,1999 and August 13, 1999 is attached as Exhibit "A"
6, An expense statement will probably not be necessary as both parties have (or will
have) comparable expenses.
7. Husband has had the pensions evaluated by Robin Rowe and her analysis of same is .
set forth in her report offered into evidence,
8, Wife has made a claim fot' costs and expenses.
9, Husband would like to equally divide the personal property,
10. There is no marital debt.
)D1/fFk
SUMMAIW OF ClUTElUA IN ACCOIWANCE WITH Section 3502 (II)
I. The Icn~th or the marria~e is 33 years.
2. Thcre were no prior marria~es or cither party.
3. Wile is 55 veal's of ace: at a stagc during which additional prolessionaltraining.
edueation, and job opportunities will become incrcasingly diminishcd. Husband is 57 ycars of
agc. Both are rclatively in good hcalth. The stalion or husband is a tenurcd pro lessor with
Ph.D. in the Department of History ofwhieh he has bccn chair. Thc wile is a eontract prorcssor
with two mastcrs. not capable of obtaining tenure without a Ph.D. The amount and sourccs of
income arc set lorth in the statement. Both are cmployable in thcir prcsent occupations. The
needs of wife are 10 continue to live in the slyle and standard 10 whieh She is aeeustomed, Her
speeifie need now will be to maintain thai estate and stylc of living without thc additional
income, benefits, and emoluments that husband brought to thc marital estate.
4. The eontribution of wife 10 the edueation. training. and inereased earning power of the
husband is substantial. It represents a classic situation where the wife has subordinated hersclfto
the husband's career and ambitions. On the contrary. the husband has not contributed to the
education training an increased earning power of the wile, On the eontrary. he has inhibited the
opportunity for the education of the wife, as set lorth hercin.
5. The wife has limited opportunitv lor future acquisitions of capital assets and income,
since she must essentially preserve her current assets lor respectable retirement. She has also
contributed substantially to the payment of dehts for education of the children. Wife
subordinated her education and eareer to her husband's education and career, as set forth above
and following. Wife has eontributed substantially as a homemaker. not only playing a major role
in preservation of the marital home.
6. The sources of income, medical, retirement, insurance and other benefits of the parties
are set forth herein.
7. The contribution of Wife in preservation of the marital property is indicated by the duties
of repair and maintenance of the residence devolving upon her, which she will document with
repair and serviee bills and other examples of her assumption of these tasks.
8. The value or propertv set apart consists of the value of the home and personal property, .
which generally has been agreed upon.
9. The standard of living or the parties established during the marriage.
Husband and Wire had a standard of living eommensurale with professors at a small liberal arts
Diekinson College, in a very cosmopolitan community, with aeeess to the Capital, Philadelphia,
New York, and Washington, DC. The Husband has greater pension assets and greater income
than Wife. Consequently, Wife should have a suf'ficient pereentage of marital assets to continue
to live the standard to which she has been accustomed.
This ineludes entertaining, continued edueation such as working toward a mastcrs in
international management. maintenanec or the house commensurate with their marital standards.
and completing deferred maintcnanec resulting Irom periodie years abro:td. (In regard to thc
latter, WirL' has paid out of her funds IlJr substanti:tl rcpairs during July :tnd August 1998. an
obligation which may b<: scttled by a cash payment scparately or an adjustment to any final
settlement.)
GENERAL STATEMENT
PlaintilT is Grace L. Jarvis. born July 19. 1944 and residcs at 300 Glendale Strcet. Carlisle.
Pennsylvania 17013. is in good hcalth, and is cmploycd at Diekinson College.
Defendant is Charles A. Jarvis born December 21, 1941 and resides at 17 E. High Street,
Carlisle, Pennsylvania. 17013, is in good health, and is employcd at Dickinson College.
The parties were married on June I I. 1966 in Bismarck. Illinois.
Separation oeeurred on July 29. 1998.
Two children were born of the marriage: Matthew Jarvis. born Novcmber II. 1970.28 years old,
and Katherine Jarvis, born August II. 1973. 25 years old.
Complaint in divoree was filed on July 29, 1998,
Residences
After marriage, Wife taught Spanish at ajunior high school and husband continued course work
in preparing for comprehensive exams.
SUPPORT FOR PARAGRAPH 3. Wife has a need and a right to ineome and assets sufficient
to maintain herselfin the style to which aeeustomed.
SUPPORT FOR PARAGRAPH 4. Wife suppOlted Husband in his doctoral work and
throughout their marriage in his aeademie pursuits, being proud of his accomplishments and
willing to work, to support him, and to subordinate her career development. Wife was the major
breadwinner, during the early years of the marriage, earning at times from $] ,500 to $4,600 per
year, until employed at Dickinson College.
Wife obtained a temporary summer job as a seeretary at a depUltment in the University of
Missouri. In Mexico, Missouri she obtained a teaching job at ajunior high sehool, while
Husband eontinued eoursework in preparing for comprehensive exams. Wife was the major
breadwinner, earning $4,600 pel' year, while Husband had a research assistantship earning about
$1,000 per semester. Both of them were working toward Husband obtaining his doetorate. Into
the summer of 1967, Wife eontinued to be the primary breadwinner.
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(rearcd OSlOIIOOOll4.IOPM
Rcvile.lOSJO?1OO01:46,2SPM
SETTLEMENT AGREEMENT
THIS IS AN AGREEMENT made this 3!.... day of May, 2000, by and bctwcen Charles A.
Jarvis, presently residing at The Wellington Hoter. Apt. 304, Carlisle,l' A 17013, hcreinafter referred
to as Husband and Grace L. Jarvis, 01'300 Glendale Street, Carlisle, P A 17013, hereinafter referred
to as Wife.
WHEREAS:
A. Husband and Wife were married on June 11, 1966 in Bismarck, Illinois;
B. The parties have two children, Matthew Jarvis and Katherine Jarvis, both now
emancipated adults;
C. Various unhappy differences have arisen between Husband and Wire, whereby they
separated on July 29, 1998 (hereinal\er sometimes referred to as "Date of
Separation") and desire to dissolve their marriage;
D. A Complaint in Divorce was filed by Wife on July 29,1998 in the Court of Common
Pleas of Cumberland County at No. 98-4367;
E. The parties desire to by this Agreement to conclusively settle all issues between them
including all issues which have been raised, or which could have been raised, in the
above noted divorce action,
NOW, THEREFORE, for and in exchange of mutual considerations, and intending to be
bound by the provisions hereof, the parties agree as follows:
1. Contemporaneously with the signing of this Agreement, Husband shall execute a deed
in order to convey to Wife all of his right, title, and interest in real property and improvements
thereon jointly owned by the parties and known as 300 Glendale Street, Carlisle, Cumberland
County, Pennsylvania, Wife shall assume and pay the balance due under the first mortgage and all
judgments, liens, notes, and other debts and encumbrances relating to said property existing as of
the date of separation and on the date of this Agreement and to indemnify, save, and hold harmless
Husband against any and all claims, causes of action, suits or litigation for money owed, damages,
indirect or consequential, including legal fees, arising out of failure of Wife to so pay same.
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2. Partics have agrccd bctwccn themselves on distribution of personal property owned,
caeh convcying to the othcr all of his or hcr right, titlc, and intcrcst thcrcin; excepting bencfits,
rights, and assets as morc (idly sct forth hcreafter.
Execpt as follows, each party has in his and hcr posscssion as orthc datc of this Agrccment
all pcrsonal propcrty to which each claims an interest and each hereby eonvcys his or her right, titlc,
and intercst by this Agreemcnt. Husband has removed from rcsidenee all personal property in which
hc has any intcrest, except thosc itcms set forth on list attached hcreto and made a part hercof as
Exhibit I, which shall be removed from thc premises no later than Junc 13,2000,
3. Except 1'01' thc mortgagc rcfcrrcd to in Section I above, thc parties had no joint dcbts
as of the Datc orSeparation up to, and including, the prcsent. Each party shall be solcly responsiblc
for any individual debts they may havc incurred sinec thc Date ofScparation and hold the other party
harmlcss with respcet thcreto.
4. On thc Datc or Separation, thc parties jointly owncd the following accounts:
I. Keystone Financial Account Number 396052
2. Kcystone Financial Account Number 0000470473
3. Harris Account Number 1700000970
4. DAFCU Account Numbcr 67530
Thc first thrce accounts shall be thc sole and separate property orWife,
The fourth account shall be the sole and separate property of Husband. Thc parties shall
execute whatcver documents are reasonably necessary to carry out such transfer.
5. On thc Date of Separation, Husband owned retirement accounts valued at
$710,327.00 and Wifc own cd retiremcnt accounts valued at $256,987.00 or a combined total of
$967,314,00. Each party shall reecive half of this combined total, and, to achieve this, a total of
$226,670.00 shall bc transferrcd from the rctirement account of Husband to the rctiremcnt account
of Wife by means of a Qualified Domestic Relations Order (hercinafter "QDRO") which shall be
prepared by the attorney for Wifc and, after approval of attomcy for Husband, submilledto the
Cumberland County Court with thc Motion for Final Deerce. Thc QDRO shall provide that i1i1lfof
thc transferred funds ($113,335.00) shall be from Husband's TIAA account number RA A423504-8
and half froml-lusband's CREF account number RA P 423504-5.
f'
. ,
.
4. '.
6. Coneurrcntly with thc signing of this Agreemcnt, Wifc shall pay Husband thc sum
of Forty Thousand ($40,000.00) dollars by sight draft.
7. Execpt as otherwisc sct forth hercin, each party hcreby releascs thc othcr from any
and all claims, or demands arising out of the parties right to equitablc distribution ofpcrsonal and
rcal property undcr Scction 401 ofthc Divorec Code, or any rights or claims in the personal or rcal
property in thc posscssion of the other party arising under thc law. It is the intention of the partics,
by this Agrccment, to finally scttle and rcsolvc all issues bctwecn them.
8. Both parties agrce to executc all necessary documents, pleadings or affidavits in order
to obtain a consent divorce. In the evcnt of failure of a party to cxeeutc timcly doeumcnts to convey
interests in property, real or personal, both parties do hercby irrevocably grant, each to the other,
should the excreise of this power hercby given be necessary, the right and the power to appoint onc
or more times any person or pcrsons whom the Husband and Wife shall designate to be the
attorney-in-fact for the other, in their namc and in their stcad, to exeeutc and aeknowledgc any deed
or deeds, releascs, quit claims, or satisfactions, undcr seal or othcrwise, to enable cither party hereto
to alicnatc his or hcr rcal or personal property, in accordance with this Agreement; but without any
powcr to impose personal liability for breach of warranty or othcrwisc.
9. Wife shall forthwith diseontinuc the support action docketed to No. 317 S 1999 and
DR1/28,581.
10. Since the Date of Separation neither party has contracted or incurred any debt or
liability for which the party, or his or her property or estate, might be responsible and shall
indemniry and save the other party hannless from any and all claims or demands made against him
or her by reason of debts or obligations incurred by thc other party since the Date of Separation.
11. Each party hereby waives, rei cases and rclinquishes any and all rights that he or she
may now have or may hereinafter acquire as the party's spouse under the prescnt or futurc laws or
any jurisdiction:
A. To cleet and to take under any Will or Codicils of the other party now or hereaftcr.
B. To sharc in other party's estate in case of intestacy.
C. To act as cxceutor or administrator of the othcr party's estate.
D. Participant's eurrent muiling addrcss is Dickinson College, Carlisle, PA 17013.
E. Alternate Payee's eun'ent and last known mailing addrcss is 300 Glendalc Strcet, Carlisle,
PA 17013, and Social Sceurity number is 355-38-9130.
NOW THEREFORE, to aeeommodale the marital property distribution between thc parties IT IS
ORDERED, ADJUDICATED AND DECREED AS FOLLOWS:
1. The TIAA-CREF annuities and Fidelity 403b Mutual funds previously retereneed are
marital property.
2. The divorce is final. Subject to the exeeution of any documents required by TIAA-CREF
and the terms of said annuities, the tollowing portions of Partieipant's annuities shall be awarded
to the Alternate Payee as sole and exclusive property to be applied to TIAA-CREF annuitics
subject to the tern1S and limitation of said annuities:
A. The then current values of Participant's annuities as of the valuation date of July
29, 1998, which is the date agreed to by the patties that the Marital Property interest of
Participant ceased, are:
Under TIAA Contraet # A423504-8, $ 113,335.00.
Under CREF Certificate # P423504-5, $ 113,335.00,
The values actually transferred do not reflect post separation Participant's
contribution after July 29, 1998 and aeerued growth resulting tram Participant's post separation
contributions and do not reflect Alternate Payee's right to all interest and dividend earnings in
TIAA and investment experience in CREF and ownership rights in any newly issued
allocated to Alternate Payee from the valuation date and all interim interest and
earnings since valuation date.
B. All interest and dividend eurnings in TIAA und investmcnt cxpericnee in CREF
and ownership rights in any newly issucd annuities allocatcd to Altcrnute Puyee from the
valuation date and intcrim intcrest und dividcnd carnings since valuation date belong to Alternate
Payee. Ownership and interest in the balanec ofthc uccumulations in all contracts issued by
TlAA-CREF since the valuation date and other than thc above rights of Altcrnate Paycc since the
valuation date will belong to Purtieipanl.
3. The parties will submit to TIAA-CREF all documents, including Releases that are
required to finalize this order.
4. This Order:
A. Does not require any Plan to provide any type or form of benefit, or any option,
not otherwise provided under the Plan, and
B. Does not require TlAA-CREF to provide incrcased benefits and
C. Does not require the payment of benefits to an Alternate Payee which are required
to be paid to another Alternate Payee under another Order previously determined to be a
Qualified Domestie Relations Order.
5. This Court reserves jurisdietion to issue further orders as needed to execute this order.
By the Court:
J.
Grace Laury Jarvis
Charles A. Jarvis
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GRACE LAUIn' ,IAIWIS,
1'llIlnllff'
IN TilE COURT OF COMMON PLEAS OF
ClJMUERLAND COUNTY,I'ENNSYLV ANIA
v
CIVIL DIVISION - LAW
911-4367 - CIVIL TERM
CIIAI~LES A. ,JAI{VIS,
l)cf'clIllllnl
IN DIVORCE
ORI>ER
AND NOW this _? day of
'L~)'iJ; /
v. ~ V'". ~""
...
, 200 I, upon presentation of Qualitied
Domcstic Relutions Order signed by both parties, the Ordcr is approved and the original shall be
filcd.
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BYTH. EC.0..U7. ','-
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J.
ec: John H. Broujos, Esquire
Thomas J. Willi~t:12",qUire
t1JJ: 1;*
.
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E. Alternate Payee's current and last known mailing address is 300 Glendale Street, Carlislc,
PA 17013, and Soeiul Security numbcr is 355.3H.9130.
NOW THEREFORE, to accommodate the marital property distribution between the parties IT IS
ORDERED, ADJUDICATED AND DECREED AS FOLLOWS:
I. The TIAA-CREF annuities and Fidelity 403b Mutual funds previously referenced are
marital property.
2. The divorce is final. Subject to the execution of any documents required hy TlAA-CREF
and the terms of said annuities, the following portions or Participant's annuities shall be awarded
to the Altcmate Payee as sole and exclusive property to be applied to TIAA-CREF annuities
subject to the terms and limitation of said annuities:
A. The then current values of Participant's annuities as of the valuation date of July
29, 1998, which is the date agrced to by the parties that the Marital Property interest of
Participant ceased, are:
Under TIAA Contract # A423504-8, $ 113,335,00.
Under CREF Certificate # P423504-5, $ 113,335,00,
The values actually transferred do not reflect post separation Participant's
eontribution after July 29, 1998 and accrued growth resulting from Participant's post separation
contributions and do not reflect Alternate Payee's right to all interest and dividend earnings in
TIAA and investment experience in CREF and ownership rights in any newly issued annuities
allocated to Alternate Payee from the valuation date and all interim interest and dividend
earnings since valuation date.
B. All interest and dividend earnings in TIAA and investment experience inCREF.
and ownership rights in any newly issued annuities allocated to Alternate Payee from the.
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