HomeMy WebLinkAbout99-00934
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whatever claims, if any, he or she may have with respect to any of the above said items which are
the sole and separate property of the other. This document shall constitute a bill of sale for said
sole property,
6. REAL ESTATE
The parties own property as tenants by the entireties located at 109 Woodlawn Lane,
Carlisle, Pennsylvania which is subject to a mortgage with the approximate balance of NINETY
NINE THOUSAND DOLLARS ($99,000.00). HUSBAND agrees to convey his interest in this
real estate to WIFE upon the condition that Wife agrees to assume responsibility for the payment
of the unpaid balance of the mortgage, together with any interest, penalties and costs as well as
any other taxes, insurance and any debts associated with the real estate. WIFE hereby agrees to
indemnity and hold HUSBAND harmless from any and all liability as a result of non-payment of
the mortgage or any other debt associated with the real estate by her. HUSBAND agrees to
execute a deed simultaneously with the execution of this Agreement wherein he assigns, conveys
and transfers to WIFE all of his interest, right and title in the marital residence. This deed shall be
held in escrow by WIFE's counsel until settlement for either the sale of this real estate or the
refinancing of the mortgage.
In order to obtain HUSBAND's release from the mortgage associated with this real estate,
WIFE shall successfully secure either a refinance of the mortgage or list the property for sale
within eighteen (18) months from the execution of this Agreement. Until this time, WIFE agrees
that she shall not further encumber this property nor shall she transfer any interest in same to any
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party, even by installment sales agreement until HUSBAND is released from the mortgage
associated with this real estate. At said time, the deed can be recorded by WIFE's counsel.
7. MOTOR VEHICLES
WIFE shall have sole title and ownership of the parties' 1996 Mercury Villager.
HUSBAND shall have sole title and ownership of the parties' 1986 Bronco, the camper and the
trailer. Neither of these vehicles are encumbered.
8. PENSION AND EMPLOYMENT BENEFITS
HUSBAND has employment/retirement benefits which were acquired through his
employer, Sprint. During the marriage, a loan was obtained and secured by the Sprint Retirement
Savings Plan (hereinafter "the Plan"). The parties agree that the sum of THIRTY SEVEN
THOUSAND DOLLARS ($37,000.00) shall be rolled over from the Plan to WIFE via a Qualified
Domestic Relations Order (or QDRO). WIFE's counsel shall responsible for the preparation and
submittal to the Court of the QDRO. HUSBAND agrees to cooperate fully so that this transfer is
completed as expeditiously as possible. The balance of the Plan shall be HUSBAND's sole and
separate property. HUSBAND shall be responsible for the repayment of the loan secured by the
Plan.
Each party hereby waives any and all claims that he or she may have to any other pension,
employee saving or other stock benefit program of the other, if applicable.
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9. BANK ACCOUNTS AND INVESTMENTS
Each party shall have sole possession of the bank accounts and investments in their own
names.
10. OUTDOOR WORLD MEMBERSHIP
The parties agree to share their Outdoor World Membership as tenants in common. Each
party shall own a half interest and shall be responsible for one-half (l/2) of all fees and costs
incident to this membership. Said payments shall be made timely and directly to Outdoor World,
Inc. If either party does not pay his or her share of the expenses associated with the membership
on a timely basis in accordance with the request of Outdoor World, Inc., the defaulting party shall
forfeit his or her respective interest upon failure to cure the default within thirty (30) days written
notice by the other party. The defaulting party shall be required to execute all necessary forms to
relinquish ownership to the non-defaulting party, If the defaulting party fails to so execute same,
this provision of the Agreement shall be deemed a limited power of attorney whereby the
defaulting party appoints, makes and constitutes the non-defaulting party the right to execute all
contracts, writing, assurances and instruments necessary to transfer the defaulting party's rights to
the non-defaulting party and/or to effectuate a sale of same.
Since the summer is the prime time for the use of this membership, the parties agree that
the summer shall be divided into two blocks of time. Block A shall commence on June 1" and end
on July ISo. and Block B shall commence on July 16'" and end on August 31 'I. HUSBAND shall
have Block A in even numbered years and Block B in odd numbered years. WIFE shall have
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Upon execution of this Agreement, WIFE shall immediately notifY the Domestic Relations
Section of the Court of the provisions of this Agreement concerning alimony so that the Order
dated February 22, 1999, Docket No. 56 S 1999, P ACSES No. 867100668 shall be terminated.
15. SUBSEOUENT DIVORCE
A decree in divorce, entered by a court of competent jurisdiction to either party, shall not
suspend, supersede or affect the terms of this Agreement. Both parties agree to enter a Consent
Decree concerning the provisions of this Agreement in the Court of Common Pleas of
Cumberland County, Pennsylvania, or any other Court of competent jurisdiction, as a part of a
resolution of any divorce action filed. This Agreement, and the terms and conditions contained
herein, as well as the enforcement of said terms and conditions, shall not be contingent upon the
granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland
County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties
hereto agree to timely execute the appropriate affidavits and consents to secure a No-Fault
Divorce as may be required by the Divorce Code of 1980, as amended. Both parties hereto agree
that this Agreement may be incorporated for purposes of enforcement into a separate Court Order
but shall not merge in such order in the Court of Common Pleas of Cumberland County,
Pennsylvania.
16. QIHER DOCUMENTATION
HUSBAND and WIFE covenant and agree that upon request of the other party, they will
forthwith execute and deliver to the other party, any and all written instruments, assignments,
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whether arising under the laws of (a) Pennsylvania, (b) any State, commonwealth or territory of
the United States, or (c) any other country, or and rights which HUSBAND or WIFE may have
or at any time hereafter have for the past, present or future support or maintenance, alimony,
alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital
relation or otherwise, except, and only except, all rights and Agreements and obligations of
whatsoever nature arising or which may arise under this Agreement or for the breach of any
thereof
Each of the parties hereto further covenants and agrees for himself and herself and his or
her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter,
sue the other party or his or her heirs, executors, administrators and assigns, for the purpose of
enforcing any of the rights relinquished under this paragraph, Each of the parties further
covenants and agrees that he or she will permit any will of the other to be probated and allow
administration upon his or her personal, real or mixed estate and allow effects to be taken out by
the person or persons who would have been entitled to do so had HUSBAND or WIFE died
during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any
and all right to act as executor or executrix or administrator or administratrix of the other's estate.
It is the intention of HUSBAND and WIFE to give to each other by the execution of this
Marital Settlement Agreement a full, complete and general release with respect to any and all
property of any kind or nature, real, personal or mixed, which the other now owns or may
, hereafter acquire, except and only except all rights and Agreements and obligations of whatsoever
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KATHY A. LEBO,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
NO 99-934 CIVIL TERM
Plaintiff
vs.
MARK A. LEBO,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301 (c) ~01 (d)(1) of the Divorce
Code, (Strike out inapplicable section).
2. Date and manner of service of the complaint: Certified Mail; Return Receipt; Card signed by
Defendant, Mark A. Lebo, May 12,1999.
3. (Complete either paragraph (a) or (b)),
(a) Date of execution of the affidavit of consent required by Section 3301 (c) of the
Divorce Code: by the Plaintiff June 15, 2000; by the Defendant June 20, 2000
(1) Date of elcecution of the Plaintiff's affidavit requimd by Seotion 2201 (8) of
the Divorce Cede:
(2) Date of service af the Plaintiff's affidavit upon the Defendant: _
4. Related claims pending: None
5. Complete either (a) or (b).
(a) Date and manner of service of the netice 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: July 25, 2000
Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary:
July 25, 2000
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Carol J. IJndsay, Attorney fo Plain iff
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lebo - pro9f of ser;<ice Ijb July 25, 2000
KATHY A. LEBO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM - LAW
NO. 99. 934 CIVIL TERM
IN DIVORCE
vs.
MARK A. LEBO,
Defendant
AFFIDAVIT OF CONSENT
1, A Complaint in Divorce under S 3301 (c) of the Divorce Code was filed on February 17, 1999.
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.
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Date:
7 ~,J.. 7-0(j
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
&3301(c) 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,
informatioll 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 authoJ 7 ~;
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. Kathy AJe:bO, P aintiff
Date: 7-;; 7-00
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lebo mot for rule
Ijb November 5, 1999
KATHY A. LEBO,
Plaintiff/Movant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM - LAW
NO. 99 - 934 CIVIL TERM
vs.
MARK A. LEBO,
. Defendant/Respondent
IN DIVORCE
CERTIFICATE OF SERVICE
AND now, this
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,1999, I, Carol J.
day of
Lindsay, Esquire, of the law firm of FLOWER, FLOWER & LINDSAY, P.C., Attorneys, hereby certify
that I served the within Motion for Rule Absolute this day by depositing same in the United States
Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to:
James K. Jones, Esquire
7 Irvine Row
Carlisle, PA 17013
FLOWER, FLOWER & LINDSAY
Attorneys for Plaintiff/Movant
By dtlk!~t"
. J Carol J. Ohdsay, Esquire
I ID # 44693
... 11 East High Street
Carlisle, PA 17013
(717) 243-5513
'FEB 1'7 1999b?
KATHY A. LEBO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
CIVIL TERM - LAW
NO. 99 - 9J ( CIVIL TERM
Defendant IN DIVORCE 0()
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ORDER OF COURT i;;c;
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WJgg~ upon
MARK A. LEBO,
AND NOW, this
consideration of the within Petition for Special Relief, a Rule is issued upon Respondent to
show cause why the relief requested should not be granted.
RULE returnable 10
days from date of service.
PENDING further Order of Court, Respondent is enjoined from dissipating, alienating,
encumbering or borrowing against any marital asset including the savings plan with his employer.
By the Court,
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EXHIBIT A
lebo -. petition for special relief February 2, 1999
KATHY A. LEBO,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM - LAW
NO. 99 - CIVIL TERM
IN DIVORCE
Plaintiff
vs.
MARK A. LEBO,
Defendant
PETITION FOR SPECIAL RELIEF
NOW comes Kathy A. Lebo, by and through her counsel, Flower, Morgenthal, Flower &
Lindsay, P.C., and states as follows:
1. The parties hereto are husband and wife, having been joined in marriage on March
16,1974 in Mechanicsburg, Pennsylvania.
2. The parties separated on January 6, 1999 when the Respondent removed from the
marital home.
3. The marital assets in this case consist of a house with approximately $25,000.00 in
equity, certain vehicles, small savings and checking accounts, personal property and husband's
savings plan through his employment at PPG Industries. Husband's savings plan has a value of
approximately $90,000.00, clearly the largest marital asset.
4. Respondent borrowed against his savings plan some years ago.
5. Petitioner believes and therefore avers that unless this Court enters an Order,
Husband can borrow against the plan, thus dissipating the amount of money available to wife in
equitable distribution,
EXHIBIT A
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26 W. High .t....t
Carlisle, PA
lebo - QDRO tjb October 30, 2000
KATHY A. LEBO,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM - LAW
NO. 99 - 934 CIVIL TERM
IN DIVORCE
Plaintiff
VS.
MARK A. LEBO,
Defendant
SPRINT RETIREMENT SA VINGS PLAN
QUALIFIED DOMESTIC RELA TIONS ORDER
JJ{,l7p M::x...> (-l+z L c:- II H. d 71 J 'D", u_~ ~ c.-:>, 2.<:> <> 0 /
WHEREAS, MARK A. LEBO (the "Participant"), and KA THY A. LEBO (the
"Alternate Payee") entered into a Property Settlement Agreement dated June 15, 2000
(the Agreement), in which they agreed to the division of marital property; and
WHEREAS, the Agreement requires the entry of this domestic relations order (the
"Order) to provide for the division and disposition of retirement benefits accrued by the
Participant; and
WHEREAS, this Order is intended to be a qualified domestic relations order, as
defined in Section 414(p) of the Internal Revenue Code of 1986, as amended (the
"Code') and Section 206 (d) (3) of the Employee Retirement Income Security Act of
1974, as amended ("ERISA").
NOW THEREFORE, it is hereby ordered as follows:
1. The Plan. This Order applies to benefits under the Sprint Retirement Savings
Plan (the "Plan"). The Plan is an employee pension benefit plan qualified under Section
401 (a) of the Code and subject to 'ERISA.'
2. identitv of Participant. The Participant is Mark A. Lebo, of 209 Front Street,
Boiling Springs, Cumberland County, Pennsylvania: Social Security Number 182-46-
3372. The Participant's date of birth is July 8, 1955.
3. Identitv of Alternate Pavee. The Alternate Payee is Kathy A. Lebo, of 109
Woodlawn Lane, Carlisle, Cumberland County, Pennsylvania; Social Security
Number 164-38-0571. The Alternate Payee's date of birth is September 7, 1953.
4. Amount to be Paid Alternate Payee. There is hereby assigned to the
Alternate Payee and, as otherwise provided in the Order, the Pian shall pay to the
Alternate Payee $37,000.00, or such lesser amount equal to the Participant's non-
forfeitable benefit under the Plan (referred to in this Order as the ('Vested Interest'),
The Participant's Vested Interest shall include the amount the Participant could
receive in lump sum distribution if the Participant were to terminate employment as
defined under the Plan. Such amount shall exclude (1) any company matching
contributions, and investment earnings and losses on those contribution, that are not
yet vested, and (2) the principal balance, and any accrued but unpaid interest, on any
SAIDIS
SHUffl !!LOWER
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26 W. HIgh street
C.rI1sI.. PA
lebo - QDRO ljb October 30, 2000
loans outstanding from the Plan to the Participant. The determination of a
Participant's Vested Interest under this paragraph shall be made as of the date on
which the separate account is established as described in the following paragraph,
As soon as practicable after this Order is determined by the Plan Administrator
to the a qualified domestic relations order within the meaning of Section 414(p) of the
Code and Section 206(d) of ERISA (QDRO), a separate account shall be established
under the Plan for the benefit of the Alternate Payee (referred to in this Order as the
"Alternate Payee's Account"). The Alternate Payee's Account shall be credited with,
and the Participant's accrued benefit shall be reduced by, an amount determined in
the preceding paragraph, The Plan Administrator shall, promptly after the Alternate
Payee's Account is established, send a letter to the Alternate Payee (the
"Acceptance Letter") informing the Alternate Payee that the Order has been
determined to be a QDRO.
5, Allocation Amona Particioant's Accounts, When the Alternate Payee's
Account is established, such account shall be credited with, and the Participant's
benefit under the Plan shall be reduced by, a pro rata share of the Participant's
accounts in the Plan determined as of the date the Alternate Payee's Account is
established. These accounts shall include all accounts as that term is defined under
the Plan, such as pre-tax basic contributions, pre-tax supplemental contributions,
after-tax contributions, company matching contributions (if non-forfeitable to the
Participant), rollover contributions, and investment earning or losses on such
contributions.
6. Investment of Assets. When the Alternate Payee's Account is established,
such account shall be credited with, and the Participant's account shall be reduced
by, a pro rata share of the Participant's investments in the Plan (Le" the PIMCO Total
Return Fund, the Fidelity OTC Portfolio, the Fidelity Equity-Income Fund, the Fidelity
Magellan Fund, the Fidelity Overseas Fund, the Interest Income Fund, the Sprint
Stock Fund, the 360 Stock Fund, the TRASOP Fund and the TRASOP 360 Stock
Fund) determined as of the date the Alternate Payee's Account is established. On
and after the date the Alternate Payee's Account is established, the Alternate Payee
shall have the same ability to designate the investment of those amounts as the
Participant would otherwise have had with respect to those amounts. All amounts in
the Alternate Payee's Account - will separately share in the gains and losses of the
Plan in accordance with the terms of the Plan beginning on the date the Alternate
Payee's Account is established until the date of payment of such amounts to the
Alternate Payee.
7. Time and Manner of Pavment. As soon as practicable after the Alternate
Payee's Account is established, the amount assigned under this Order shall, upon
the election of Alternate Payee, be paid in a lump sum to the Alternate Payee (or, if
permitted under the Internal Revenue Code, to the custodian of an Individual
Retirement Account established for the benefit of the Alternate Payee). If the
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lebo - ODRO tjb Oclober 30,2000
Alternate Payee fails to elect a distribution within 120 days of the date of the
Acceptance Letter, the amount assigned under this Order shall be paid, as soon as
practicable, to the Alternate Payee. Such distribution shall be made in cash with
applicable withholding for Federal income taxes. This transfer shall be a non-taxable
event for Participant. If any taxes are incurred as a result of this transfer, such taxes
shall be the sole responsibility of Alternate Payee.
8. Death of Alternate Pavee. To the extent permitted by the Plan and Section
414(p) of the Code, the Alternate Payee may designate a beneficiary to receive
payment of the, Alternate Payee's remaining interest in the Plan, if any, upon the
Alternate Payee's death. Any such beneficiary designation shall be made without
regard to any designation by the Participant of a beneficiary with respect to the
Participant's interest under the Plan, In the absence of an effective beneficiary
designation by the Alternate Payee, or if the named beneficiary predeceases the
Alternate Payee, the amount assigned under this order shall be paid to the Alternate
Payee's estate.
9. Death of Particioant. The assignment of benefits to the Alternate Payee
under this Order shall not be reduced, abated or terminated as a result of the death
of the Participant. Upon the Participant's death, the Alternate Payee will not be
entitled to any survivor benefits attributable to the Participant's benefits under the
Plan unless the Participant designates the Alternate Payee as a beneficiary in
accordance with the terms of the Plan.
10. Administration of the Order. A true copy of this Order shall be served on
the Plan Administrator. The Plan Administrator shall determine, within a reasonable
period of time after delivery of 'this Order, whether the Order is a QDRO. The
Participant, the Alternate Payee, and the court intend this Order to be a QDRO. The
parties agree that their mutual intent is to provide the Alternate Payee with a benefit
under the Plan that fairly represents the Alternate Payee's marital share of the
benefits as described under Paragraph 4. If this Order is determined not to be a
QDRO, the Plan Administrator shall inform the parties of the reasons for that
determination. The Court retains jurisdiction to amend the Order for purposes of
establishing its status as a QDRO and the parties hereby agree to submit to and
request the Court to modify the Order to made it a QDRO in such a manner that will
reflect the parties' intent.
11. Riahts of the Parties. The assignment under this Order shall be
permanent. From the date of this Order (assuming it is determined to be a QDRO)
and thereafter, the Participant shall have no further right or interest in the portion of
the Participant's account balance under the Plan which is assigned to the Alternate
Payee pursuant to Paragraph 4 above, and the Alternate Payee shall have no further
right or interest in the portion of the Participant's account balance under the Plan
which is not assigned pursuant to Paragraph 4 above. Nothing in this Order shall
restrict the Participant's ability to obtain a distribution under the Plan or designate a