HomeMy WebLinkAbout01-04479!_ ..
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNA.
~,~~- ,-
MICHAEL S. JANOSKO,
Plaintiff
VERSUS
DARLENE A. JANOSKO
Defendant
IN DIVORCE
DECREE IN
DIVORCE
AND NOW, LcGC H-~I~PJ ~ , Z6o , IT IS ORDERED AND
DECREEp THAT
AND
MICHAEL S. JANOSKO
DARLENE A. JANOSKO
ARE DIVgRCED FROM THE BONDS OF MATRIMONY.
PLAINTIFF,
DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE. The terms of the Property Settlement and Separation
Agreement dated July 18th 2001 are incorporated, but not merged
into this Decree in Divorce.
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N p, 01-449 Civil Term
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PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT made this ~ D ~ day of r 2001,
between MICHEAL S. JANOSKO, of 3326 North 2"d Street, Harrisburg, Dauphin
County, Pennsylvania, hereinafter referred to as Husband,
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DARLENE A. JANOSKO, of 5503 Moreland Court, Apt. 4, Mechanicsburg,
Cumberland County, Pennsylvania, hereinafter referred to as Wife.
RECITALS:
R.1: The parties hereto are husband and wife, having been joined in marriage
on August 27, 1977 at Sharon, Pennsylvania.
R.2: Diverse and unhappy differences have arisen between the parties.
R.3: The parties' hereto desire to settle fully and finally their respective
financial and property rights and obligations including, but not limited, of all matters
between them relating to the ownership of real- and personal property, claims for
spousal support, alimony, alimony pendente lite,
NOW THEREFORE, in consideration of the covenants and promises
hereinafter to be mutually kept and performed by each party, as well as for other
good and valuable consideration and intending to be legally bound, it is agreed as
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follows:
(1) SEPARATION: It shall be lawful for each party at all times hereafter to live
separate and apart from the other party at such place or places as he or she from
time to time may choose or deem fit, free from any control, restraint or interference
from the other. Neither party will molest the other or endeavor to compel the other to
cohabit or dwell with him or her by any legal or other proceeding. Each party shall be
free of the interference, authority or contact by the other as if he or she was single
and unmarried- except as maybe necessary to carry out the terms of this agreement.
(2) DIVORCE: The parties acknowledge that the marriage is irretrievably
broken and that they will secure a mutual consent no-fault divorce decree in the
above-captioned divorce action, and will execute and file the necessary documents to
finalize the divorce after the expiration of ninety (90) days of the service of the
Complaint and the moving party shall move for the entry of the divorce decree at that
time.
(3) REAL PROPERTY:. The parties are the owners of certain real estate with
improvements thereon erected and known and numbered as 3326 North 2nd Street,
Harrisburg, Dauphin County, Pennsylvania. Wife agrees within thirty (30) days of the
date of this Agreement she shall convey the real estate with improvements thereon
erected 3326 North 2"d Street, Harrisburg, Dauphin County, Pennsylvania to Husband
by special warranty deed. Said deed shall be held in escrow by SAIDIS, SNUFF,
FLOWER & LINDSAY until such time as the Qualified Domestic Relations Orders
anticipated in Paragraph 7 below has been submitted to the Court for execution. On
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that date, the escrowed deed shall be released to Husband who may record it in the
office of the Recorder of Deeds for Dauphin County, Pennsylvania. Husband shall
pay for all household expenses including, but not limited to, mortgages and liens of
record, utility bills, insurance and real estate taxes in connection with said property.
With regard to all such expenses, Husband hereby shall hold Wife harmless and
indemnify Wife from any loss thereon. Husband shall refinance said mortgage
obligation by March 1, 2003 releasing Wife therefrom.
(4) DEBT:
A. MARTIAL DEBT: Husband and Wife acknowledge and
agree that there are no other outstanding debts and obligations which are martial or
for which the other might be liable incurred prior to the signing of this Agreement,
except as follows:
i. Visa Account -approximately $3,000.00
ii. Sears -approximately $500.00
iii. Goods - approximately $100.00
iv. Sallie Mae Servicing Corporation Loan -approximately $8,000.00
v. IRS obligation -approximately $8,000.00
1: Husband shall pay the obligations to Visa, Sears, and Goods accounts by
making timely monthly payments in at least the minimum amount required by the
creditors until paid in full.
2: Wife shall pay the obligations to Sallie Mae by making timely monthly
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payments in at least the minimum amount required by the creditors until paid in full.
Further, Wife will liquidate sufficient funds from the $24,000.00 rolled over from
Husband's IBM tax-deferred savings plan as described in Paragraph 7 below, to pay
the debt to the Internal Revenue Service on account of past-due taxes.
Each party shall pay the outstanding debts as set forth herein and further
agrees to indemnify and save harmless the other from any and all claims and
demands made against either of them by reason of such debts or obligations.
B: Post Separation Debt: In the event that either party contracted or incurred
any debt since the date of separation on February 4, 2001, the party who incurred
said debt shall be responsible for the payment thereof regardless of the name in
which the debt may have been incurred.
C: Future Debt: From the date of this agreement neither party shall contract
or incur any debt or liability for which the other party or his or her property or estate
might be responsible and shall indemnify and save the other party harmless from any
and all claims or demands made against him or her by reason of debts or obligations
incurred by the other party
(5) MOTOR VEHICLES: Each party relinquishes any right, title and interest he
or she may have to any and all motor vehicles currently in possession of the other
party. Within ten (10) days of the date of this agreement each party shall execute
any documents necessary to have said vehicles properly registered in the other
party's name with the Pennsylvania Department of Transportation. Each party shall
assume full responsibility of any encumbrance on the motor vehicle received by said
a
party, and shall hold harmless and indemnify the other party from any loss thereon.
Husband will retain the 1995 Jeep Grand Cherokee and shall pay all
obligations encumbering the title to said vehicle and shall indemnify and hold Wife
harmless therefore. Husband will retain the 1990 Volkswagen Fox and the 1998
Harley Davidson motorcycle and will pay the obligation encumbering the Harley
Davidson and shall indemnify and hold Wife harmless therefore.
In the event that a vehicle cannot be transferred until the lien is paid in full, the
party transferring the vehicle to the other shall execute a Power of Attorney permitting
the other to retitle the vehicle upon payment of the lien.
(6) TANGIBLE PERSONAL PROPERTY: The parties hereto mutually agree
that they have effected a satisfactory division of the furniture, household furnishings,
appliances, tools and other household personal property between them, and they
mutually agree that each party shall from and after the date hereof be the sole and
separate owner of all such property presently in his or her possession whether said
property was heretofore owned jointly or individually by the parties hereto. This
agreement shall have the effect of an assignment or bill of sale from each party to the
other for such property as may be in the individual possession of each of the parties
hereto.
(7) INTANGIBLE PERSONAL PROPERTY: Each party hereby relinquishes
any right, title or interest he or she may have in or to any intangible personal property
currently titled in the name of or in the possession of the other party, including, but
not limited to, stocks, bonds, insurance, bank accounts, individual retirement
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accounts, employment benefits including retirement accounts, savings p{ans, pension
plans, stock plans, 401K plans and the like. Notwithstanding the above, Husband
shall prepare a Qualified Domestic Relations Order transferring $24,000.00 from his
IBM tax-deferred savings plan to Wife as alluded to above. Said transfer shall be to a
tax-deferred account of Wife. Furthermore, by an additional Qualified Domestic
Relations Order Husband shall transfer to Wife 40% of the marital portion of the IBM
retirement plan, the marital portion being that portion accrued from the date of the
marriage through February 4, 2001.
(8) EDUCATIONAL SUPPORT: The parties acknowledge that their children
have reached majority. Nevertheless, Husband will provide for the parties' child,
Maria Ann Janosko, a vehicle for her use at least until February 28, 2004.
(9) ALIMONY: HUSBAND agrees to pay to WIFE as alimony the sum of
$300.00 per month commencing the month of the execution of this Property
Settlement and Separation Agreement and each and every month until March 30,
2004. Said alimony payment shall be paid by Husband directly by electronic
transfer into Wife's checking account on the 15`h day of each month and shall cease
in the event that either party dies, that Wife remarries or Wife cohabitants with a
man as if she were married.
The parties acknowledge that they know one another's Social Security
Number. Commencing tax year 2002, alimony payments shall be deductible from
Husband's gross income for the purpose of filing federal income tax returns and
includible in Wife's gross income for the same purpose. For tax year 2001, the
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parties will not claim alimony income to Wife and a deduction for Husband.
(10) ADVICE OF COUNSEL: The parties hereto acknowledge that each has
been notified of his or her right to consult with counsel of his or her choice, and have
been provided a copy of this agreement with which to consult with counsel. Husband
is represented by Carol J. Lindsay, Esquire and Wife has been advised that he or she
may be represented by counsel of her choice. Each party acknowledges and
accepts that this agreement is, under the circumstances, fair and equitable, and that it
is being entered into freely and voluntarily after having received such advice and with
such knowledge as each has sought from counsel, and the execution of this
agreement is not the result of any duress or undue influence, and that it is not the
result of any improper or illegal agreement or agreements. Each party shall pay his or
her own attorney for all legal services rendered or to be rendered on his or her behalf.
(11) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to
time, at the request of the other, execute, acknowledge and deliver to the other party
any and all further instruments that may be reasonably required to give full force and
effect to the provisions of this Agreement.
(12) INCOME TAX:
A: The parties have heretofore filed joint Federal and State Tax returns.
Both parties agree that in the event any deficiency in Federal, state or local income
tax is proposed, or assessment of any such tax is made against either of them, each
will indemnify and hold harmless the other from and against any loss or liability for
any such tax deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty or expense shall be paid
solely and entirely by the individual who is finally determined to be the cause of the
misrepresentations or failures to disclose the nature and extent of his or her separate
income on the aforesaid joint returns.
B: The parties shall file separate Federal, State and Local income tax
returns for the year 2001. Wife will claim the parties' daughter, Maria Ann, as a
dependent on her Federal income tax returns.
(13) BANKRUPTCY: The parties hereby agree that the provisions of this
Agreement shall not be dischargeable in Bankruptcy and expressly agree to reaffirm
any and all obligations contained herein. In the event a party files such bankruptcy
and pursuant thereto obtains a discharge of any obligations assumed hereunder, the
other party shall have the right to declare this Agreement to be null and void and to
terminate this Agreement in which event the division of the parties' martial assets and
all other rights determined by this Agreement including alimony shall be subject to
court determination the same as if this Agreement had never been entered into.
(14) COMPLETE DISCLOSURE: The parties do hereby warrant, represent,
acknowledge and agree that each is fully and completely informed of, and is familiar
with, the wealth, real and personal property, estate and assets, earnings and income
of the other and has made any inquiry he or she desires into the income or estate of
the other and received any such information requested. Each has made a full and
complete disclosure to the other of his and her entire assets, liabilities, income and
B
expenses and any further enumeration or statement thereof in this Agreement is
specifically waived.
(15) RIGHTS AND RESPONSIBILITIES: Husband and Wife acknowledge that
each of them has read and understand his and her rights and responsibilities under
this Agreement and that they have executed this Agreement under no compulsion to
do so but as a voluntary act.
(16) FULL SETTLEMENT: Except as herein otherwise provided, each party
hereby releases the other from any and all claims, or demands up to the date of
execution hereof. It is further specifically understood and agreed by and between the
parties hereto that each party accepts the provisions herein made in lieu of and in full
settlement and satisfaction of any and all of said party's rights against the other for
past, .present and future claims on account of support, maintenance, alimony, alimony
pendente life, counsel fees, costs and expenses, equitable distribution of marital
property and any other claims of the party, including all claims which have been
raised or may be raised in an action for divorce.
(17} RELEASE OF'ALL CLAIMS: Except as may be otherwise specifically
provided in this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases, remises, discharges and
quitclaims the other, and such other's heirs, representatives, assigns and estate, from
and with respect to the following:
A. All liability, claims, causes of action, damages, costs,
contributions and expenses or demands whatsoever in law or in equity;
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B. All rights, title, interest or claims in or to any property of the
other, whether real, personal or mixed and whether now owned or hereafter acquired;
C. All rights of courtesy and dower and all claims or rights in the
nature of courtesy and dower;
D. All widow or widower's rights;
E. All right, title, interest or claim in or to the other's estate, whether
now owned or hereafter acquired, including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate or intervene in a
deceased spouse's estate in any way, whether arising under the laws of
Pennsylvania or any other country, territory, state or political subdivision.
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and obligations arising out
of or in connection with the marital relationship or the joint ownership of property,
whether real, personal or mixed;
H. All rights, claims, demands, liabilities and obligations arising
under the provisions of the Pennsylvania Divorce Code, as the same may be
amended from time to time, and under the provisions of any similar statute enacted
by any other country, state, territory or political subdivision;
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I. All rights, claims, demands, liabilities and obligations each party now
has, or may hereafter have, against or with respect to the other.
(18) GOVERNING LAW: This Agreement shall be construed under the law of
the Commonwealth of Pennsylvania. If any provision of this Agreement is
determined to be invalid or unenforceable, all other provisions shall continue in full
force and effect.
(19) INCORPORATION INTO DECREE: In the event that either of the parties
shall recover a final judgment or decree of absolute divorce against the other in a
court of competent jurisdiction, the provisions of this Agreement may be incorporated
by reference or in substance but shall not be merged into such judgment or decree
and this Agreement shall survive any such final judgment or decree of absolute
divorce and shall be entirely independent thereof.
(20j BREACH: (n the event that either party breaches any provision of this
Agreement, he or she shall be responsible for any and all costs incurred to enforce
the Agreement, including, but not limited to, court cost and counsel fees of the other
party. In the event of breach, the other party shall have the right, at his or her
election; to sue for damages for such breach or to seek such other and additional
remedies as may be available to him or her.
(21) ENTIRE UNDERSTANDING: This Agreement constitutes the entire
understanding between the parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature whatsoever, other than
those herein contained.
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(22) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement
shall bind the parties hereto, their respective heirs, executors and assigns.
tN WITNESS WHEREOF, the parties hereto intending to be legally bound
have hereunto set their hands and seals the day and year first written above.
WITNESS:
~~~~~~-
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MICHAEL S. JANOSKO,
vs.
DARLENE A. JANOSKO,
To the Prothonotary:
: IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01 - 44~J CIVIL TERM
7
Defendant IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
Transmit the record, together with the following information, to the court for entry of a
divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) 331
of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: Acceptance of Service signed by
Defendant, Darlene A. Janosko, July 26, 2001
3.
3301(c) of the Divorce Code: by the Plaintiff November 14,
2001; by the Defendant November 17, 2001
4.
5.
(complete either paragraph (a) or (b)).
(a) Date of execution of the affidavit of consent required by Section
(b)
Related claims pending: None
Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file
praecipe to transmit record, a copy of which is attached:
(b) Date Plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with
the Prothonotary: November 28, 2001
Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the
Prothonotary: November 28, 2001 r
Carol J. Linds~(y, ~ttornev for
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MICHAEL S. JANOSKO, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
NO. 04 - Lf~~ CNIL TERM
DARLENE A. JANOSKO,
Defendant IN DIVORCE
NOTICE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set
forth in the following pages, you must take prompt action. You are warned that if you
fail to do so, the case may proceed without you and a decree of divorce or annulment
may be entered against you by the Court. A judgment may also be entered against you
for any other claim or relief requested in these papers by the Plaintiff. You may lose
money or property or other rights important to you, including custody or visitation of your
children.
When the ground for 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 Court House, Carlisle,
Pennsylvania, 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PENNSYLVANIA 17013
(717) 249-3166
SAIDIS
SHUFF, FLOWER
& LINDSAY
ATTOttI~ffiYS•AT•LAW
26 W. High Street
Carlisle, PA
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
By:
26 Est High Street
Carlisle, PA 17013
(717)243-6222
MICHAEL S. JANOSKO,
Plaintiff
vs.
DARLENE A. JANOSKO,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01 - CIVIL TERM
IN DIVORCE
COMPLAINT
MICHAEL S. JANOSKO, Plaintiff, by his attorneys, SAIDIS, SHUFF, FLOWER
& LINDSAY, respectfully represents:
1. The Plaintiff is Michael S. Janosko, who currently resides at 3326 North 2"d
Street, Harrisburg, Dauphin County, Pennsylvania.
2. The Defendant is Darlene A. Janosko, who currently resides at 5503
Moreland Court, Apt. 4, Mechanicsburg, Cumberland County, Pennsylvania.
3. The Plaintiff and Defendant both have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on August 27, 1977, at Sharon,
Pennsylvania.
5. That there have been no prior actions of divorce or for annulment between
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
the parties in this or in any otherjurisdiction.
6. The Plaintiff avers that she/he is entitled to a divorce on the ground that the
marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c)
and/or (d) of the Divorce Code.
7. Plaintiff has been advised of the availability of marriage counseling and of the
right to request that the Court require the parties to participate in marriage counseling,
and does not request counseling.
V1IHEREFORE, Plaintiff requests the Court to enter a decree of divorce.
SAIDIS, SHUFF, FLOWER & LINDSAY, P.C.
Attorneys for Plaintiff
snznzs
SHUFF, F~.OLVEIt
& LIN~SAY
aTTOet~mY5,A7~caw
2G W. High Street
Carlisle; PA
Date: Z
By:
Carol J. din say, Esc
ID#4 ~9
26 Wes High Street
Carlisle, PA 17013
(717)243-6222
VERIFICATION
I, the undersigned, hereby verify that the statements made herein are true and
correct. I understand that false statements herein are made subject to the penalties of
18 Pa. C.S. § 4904, relating to unswom falsification to authorities.
Date: /- / ~ -~ /
MICHAEL S. JANOSKO, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
NO. 01 - ty~9 CIVIL TERM
DARLENE A. JANOSKO,
Defendant IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce in the above captioned matter
O
ate
SAIDIS
SHUF$ FLOWER
& LINDSAY
ATTORNEyg•AT•LAW
2G W. High Street
Carlisle, PA
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MICHAEL S. JANOSKO, : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
NO: ^o^r--~~ CIVIL TERM
DARLENE A. JANOSKO, DI-V4~`~
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on
July 24, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to
authorities.
SAIDIS
SHUFF, FLOWER
& LINDSAY
26 W. High Street
Carlisle, PA
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MICHAEL S. JANOSKO, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
NO. 01 - 4489 CIVIL TERM
DARLENE A. JANOSKO,
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(~ OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyers fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is
filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to
authorities.
SAIDIS
SHUF$ FLOWER
& LINDSAY
ATTOINIDYS•AT•LAW
26 W. High Street
Carlisle, PA
Date: /!
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MICHAEL S. JANOSKO,
vs.
DARLENE A. JANOSKO,
IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 04---4489• CIVIL TERM
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was tiled on
July 24, 2001.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety
days have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce after service of notice of
intention to request entry of the Decree.
I verify that the statements made in this Affidavit are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to
authorities.
Michael S. nosko, Plaintiff
Date: ~~'~ y' °/
SAIDIS
SHUF$17.DWER
& LINDSAY
ATTORNCVS•AT•LAW
26 W. High Street
Carlisle, PA
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MICHAEL S. JANOSKO,
vs.
DARLENE A. JANOSKO,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 01 - 4489 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301U OF THE DIVORCE CODE
1. I consent to the entry of a final Decree of Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of
property, lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered
by the Court and that a copy of the Decree will be sent to me immediately after it is
filed with the Prothonotary.
I verify that the statements made in this Affidavit are true and correct to the best
of my knowledge, information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to
authorities.
Michael S. Ja sko, Plaintiff
Date: </- ~ `/-Q
SAIDIS
SHUF13 FLOWER
& LINDSAY
26 W. High Stree[
Carlisle, PA
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IBM Tax Deferred Savings Plan 401(k) (TDSP 401(k1)
Domestic Relations Order Form
(January 1, 1998 edition)
COURT OF COMMOIQ PLEAS
CUMBERLAND COUNTY. PENNSYLVANIA
(name of state court)
(In re: the marriage of, e.g.)
MICHAEL S. JANOSKO
(name of one party)
and
DARLENE A. JANOSKO
(name of other party)
* 01-4479 CIVIL TERM
* (Case Number)
* Stipulated Domestic
* Relations Order
* Application to the IBM Tax
* Deferred Savings Plan (401(k)
DEC 0 3~y2/0~01
JAN'S' 0 2002
As part of this dissolution of marriage proceeding, the parties having agreed upon the division of
the participant's account in the IBM Tax Deferred Savings Plan 401(k) (TDSP 401(k)); the Court
enters the following order applicable to TDSP 401(k):
TIHS ORDER SHOULD BE SUBMITTED WITH AN APPROPRIATE COVER
LETTER TO: IBM TDSP 401(k) QDRO ADMINISTRATION, P.O. BOX 292677,
NASHVILLE, TN 37229-2677.
1. The party to this action whose account in TDSP 401(k} is subject to This order is hereafter
called "Participant" and is identified (with the Participant's last known mailing address), as
follows:
MICHAEL S. JANOSICO
(name)
3326 Ilorth 2nd Street
(street address)
Farri ah„r~ pA 17110
(city, state and zip code)
199-48-1021
(social security number)
532678
(IBM serial number)
2. The party to whom payment is to be made under this order (hereafter called "Altemate
Payee") is the Alternate Payee of Participant's interest in TDSP 401(k) and is identified (with
his or her last known mailing address), as follows:
DARLENE A. JAiQOSI~O
(name)
202-48-7646
(social security number)
5503 Moreland Court, Apt. 4, Mechanicsburg, PA 17055
(street address) (city, state, and zip code)
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TDSP 401(k) Domestic Relations Order Form- Page 2 (January 1, 1998 edition)
3. A loan to a participant is made by taking invested funds out of the participant's account. The
total value of the account is the value of the invested funds and any loan amounts outstanding.
The available account balance is the amount of invested funds, which balance does not include
amounts previously loaned out to the participant. The distribution to the Alternate Payee
specified by pazagraph four (4) is made up to the limit of available funds as of the date of
distribution and does not alter the Participant's obligation to repay any loans then outstanding.
4. The Plan Administrator of the TDSP 401(k) is directed to make a lump sum distribution from
the Participant's account in TDSP 401(k) to the Alternate Payee of: (fill in only one option; put
N/A for "not applicable" in the blanks for the other options.)
n/a , as well as a pro rata shaze from n/a to the date of
(dollar amount) (date)
distribution of any gains or losses in the account on that amount.
b. n/a ,percent ( n/a %) of the available account balance as of n/a
(in words) (date)
(which balance does not include loan amounts outstanding), as well as pro rata shaze from the
date specified to the date of distribution of any gains or losses in the account on that amount.
c. n/a ,percent nja %) of the total account value as of nja
(in words) (date)
(which value includes loan amounts outstanding), as well as a pro rata share from the
date specified to the date of distribution of any gains or losses in the account on that
amount.
d.~ 2 4, 0 0 0.0 q as an absolute dollar amount.
(dollaz amount)
e. n /a percent ( n ~°~,) of the available account balance as of r{a ,
(in words) (date)
(which balance does not include hart amounts outstanding), as an absolute dollar amount.
n/a ,percent ( nja %) of the total account value as of n'a
(in words) (date)
(which value includes loan amounts outstanding), as an absolute dollar amount.
Effective May 19, 1995, distributions from TDSP 401(k) are valued daily and the applicable
valuation for the account as of any specified date is based upon the preceding valuation date. For
orders with a specified date prior to May 19, 1995, a weekly (Thursday) valuation date will be
used effective during the Plan's weekly valuation period from 4/1/90 and 5/18/95 and a monthly
valuation date will be used if effective prior to 4/1/90. The prorata share of gains and losses is
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based upon the changes in unit values of the funds in which the account was allocated on the
specified date.
TDSP 401(k) Domestic Relations Order Form-- Page 3 (January I, 1998 edition)
5. If the Alternate Payee dies after the issuance of this order, TDSP 401(k) is to make the
applicable distribution to the alternate payee's estate.
SO ORDERED,
this ~ S ~ day of FC ~ v ooZ J' . ~ G S ~ c y ~ ~ ~ i-_ ~!~ .
(month, yeaz) (name of judge)
rJ' FG~. It tot Z
Approved: cial signature (date)
d
Approved: (court seal)
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MICHAEL S. JANOSKO, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
vs. :CIVIL ACTION -LAW
NO. 01 - CIVIL TERM
DARLENE A. JANOSKO, y~rt4~
Defendant IN DIVORCE
QUALIFIED DOMESTIC~(RELATIO~-jN~ S ORDER -IBM RETIREMENT PLAN
dA6JD haw r ~r.i t511~, d~~ °~ ~2'~~, Z°0Z, r'""'
This Order is intended to serve as a Qualified Domestic Relations Order
("QDRO") by which a division and disposition of the Participant's benefit under the IBM
Personal Pension Plan will be and is made according to the provision of sections
401(a)(13) and 414(p) of the Internal Revenue Code of 1986, as amended ('°1RC$") and
Section 206 of ERISA, as amended. ("FRIBA")
1. Michael S. Janosko is a Participant in the IBM Personal Pension Plan (the
"P1an"}. Darlene A. Janosko is the spouse of the Participant and is the Alternate Payee
as defined under IRC Section 414(p).
2. All notices and other communications by and to the Participant, the
Alternate Payee and the Plan Administrator shall be mailed by first class mail, postage
prepaid, to the following addresses:
To Participant: Michael S. Janosko
3326 North 2"d Street
Harrisburg, PA 17110
SS#: 199-48-1021
IBM Serial Number: 532678
Birth Date: March 24, 1956
To Alternate Payee: Darlene A. Janosko
5503 Moreland Court, Apt. 4
Mechanicsburg, PA 17055
SS# 202-48-7646
Birth Date: May 29, 1957
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To Plan Administrator: IBM Person Pension Plan
c/o IBM ODRO Administration
P. O. Box 550980
Jacksonville, FL 32255-0868
Any of the parties may designate another address for the purpose of receiving
notices and communications pursuant to this Order by given written notice to the other
parties at the addresses then,currently in effect.
3. The allocation and disposition of the Participant's benefit under ttje Plan
relates to a provision of 23 Pa. C.S.A.§3501 et seq. and is in accordance with
Code of Pennsylvania. The interest allocated by this Order is the Participant's
Corp and PRP benefits.
4. The Alternate Payee is awarded under the dividing method ~s the.
Alternate Payee's separate property an amount equal to 40% of the Partici; ant's
accrued Corp benefit as of February 4, 2001. , .. ,
commencement.
(a) The Alternate Payee may commence receipt of benefits in the plan on
or after the earliest date on which the participate would be able to
commence receipt of benefits under the plan by providing six months
advance written notice to the plan. The earliest date will be the date
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that the Participant would be eligible to receive Corp retirement benefits
if the Participant had terminated employment (or reached earliest
retirement date or vested rights) income begins, whether or not the
Participant actually elects to retire or begin receiving vested right
benefits. If this option is exercised, there will be an actuarial reduction
in the Corp benefit for the number of years and months that the
Participant is under age 65 at commencement of payment #o the
Alternate Payee. If this option is not exercised, the Carp
the Alternate Payee will commence when the Participant
receipt of benefit payments.
(b) If an option of early commencement of Core benefits is exercised
Alternate Payee, the Alternate Payee shall share proportionately
early retirement subsidy made available to the Participant at the t
the Participant's commencement of benefits.
6. The Alternate Payee shall share in any possible Core post,r~kin
to
the
any
of
:nt
retirement provision (PRP) benefit as of February 4, 2001. The allocation share of
the PRP balance will then be available to the Alternate Payee as a single lump sum
payment, or, at the Alternate Payee's election, converted to an annuity commencing
at the same as, and payable in the same form as, the Alternate Payee's share of the
Core benefit.
8. The Alternate Payee is a spouse or former spouse of the Participant
and is eligible for the pre-retirement spouse protection (PRSP). The Alternate Payee
will receive a PRSP benefit equal to 50% of the Alternate Payee's interest in the Core
benefit as awarded herein, reduced with the joint and survivorship feature based on
the ages of the Participant and the Alternate Payee at the PRSP start date. ;There
will be further reductions as specified in the IBM Retirement Plan if the PRSPbenefit
will be paid prior to the date the Participant could have received an unreduced
retirement benefit. If the Alternate Payee commences benefits prior ~o the
Participant's death, no PRSP shall be available.
11. This Court reserves jurisdiction over the parties in the plan until such
time as all obligations of the plan to the Alternate Payee under this Order have been
fully paid and discharged.
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12. No provision of this Order shall be construed to require the plan, the
Plan Administrator, or any Trustee or other fiduciary with respect to the plan to take
any action which is inconsistent with the provisions of the plan as now in effect or
hereinafter amended.
13. No provision in this Order shall be construed to require the plan to (a)
make any payment or take any action which is inconsistent with federal
regulation or applicable judicial decisions; (b) provide any type or form of
any option, which is not otherwise provided under the provisions of the
specifically authorized by this Order; (c) provide increased benefits
the basis of actuarial value);. or (d) pay benefits to any Alternate Payee whi
required to be paid to another Alternate Payee under another Order. prey
determined to be a ODRO.
14. The undertakings and obligations of-the IBNI! Personal Pension P
rule,
it, or
and
i on
are
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as
set forth in this Order are solely_those of the'PI~n. .Neither,IgM. ~grporatian, a~y;~tfi~
15. Notwithstanding °any othec'pcovision of this Order; in the event of the
death of the Participant, Alternate Payee or other party claiming rights under this
Order, shall make any claim which the Plan Administrator shall determine to be
inconsistent with the provisions of this Order or with any provision of the Retirement
Equity Act of 1984, as amended, the Plan may forthwith cease, making any further
payments to any person whose rights under the Plan, and of sole judgment of the
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Plan Administrator, may be effected by such claim pending resolution of such claim
or further Order of this Court, and the Plan may also take action or actions as may be
permitted by law with respect to such claim andlor this Order.
We concur with the above Order.
,-
Michael S. Janosko,
f~ /
03 ~o ~oa ~~s
to ~.
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By the Court,
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