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HomeMy WebLinkAbout99-01805 EDWIN B. STEVENSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIviL ACTION NO. 91)-1805 LAW vs. CIVIL 19 CAROL R. OOlL VIE IN DIVORCE Defendant STATUS SHEET 1:ifO,Or- --~ ,'Ot--- ,. / /(1/(1')... /(Y)- ,." . "',.. / I. , r"-' '/. (4'; It 11"1, I cl'L-- T. 'fCHI ...... HI:"II' "0'''"0 TO PLUG TO THI: I"CLOIID WlfHIN 1WIHn ,JOt DA'. 0' 'I:lrYM:I HllnOf' (WI ... D"AUL' JUDOMENT MAY II INT."IO AGAINST YOU, . Ano..e, LAw OffiCE JAMES. SMITH. DURKIN" CONNELLY. LLP . p, a BOX 650 , ;.~- HERSHEY. PENNSYLVANIA 11O.l3-06S0 WI M""Y elm,., TMAT TMI wmtlH 'I A 'IN. AND co...eT CO" Of' TH_ 01110........ "".0 .... '"I' ACTtOf't 1)'1. IY OT A.--. EDWIN B, STEVENSON. Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-1805 CAROL R. OGILVIE, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Date of Marriage: Date of Separation: Divorce Complaint filing date: March29,I973 August IS, 1998 March 26, 1999 1. ASSETS A. Marital Property: See Defendant's Inventory Sheet (Exhibit A). B. Non-marital Property: See Defendant's Inventory Sheet (Exhibit A). 2. EXPERT WITNESSES Defendant knows of no expert witnesses at this time. However, Defendant reserves the right to supplement this answer should such become available. 3. NON-EXPERT WITNESSES Defendant knows of no non-expert witness at this time with exception to the parties. However. Defendant reserves the right to supplement this answer should such become available. .. .. VERIFICATION The undersigned, JOHN J. CONNELLY, JR., ESQUIRE, of the law finn of James, Smith, Durkin & Connelly LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Pre-Trial Statement has been prepared by me by knowledge and infonnation acquired during the course of my representation ofDefendanl. CAROL R. OGILVIE; that I execute this verification as a signature of said Defendant cannot be obtained in the time pennitled for the filing of this pleading; and that false statements herein are made subject to the penalties of I 8 Pa.C.S.A. ~4904 relating to unsworn falsification to authorities. 01-() 3-DJ.. DATE 5. Pension and RetIrement Carol B. Ogilvie Accounts: Employees Retirement System -Valued at $17,589.46 in 6/98 Lincoln Life 403(B) Carol B. Ogilvie -Value on 6/30/98 was $12,408.18. AIM Funds IRA Carol B. Ogilvie Accnt # 7000234372 -Valued at $2,988.55 as of 4/1/99 Delaware Investments IRA Carol R. Ogilvie ,Accnt #001-5014303833 -Valued at $5,731.66 as of 9/30/98. Keystone Financial Inc. Edwin B. Stevenson (Non-Qualified Plan) -Valued at $18,826.95 on 9/30/98. Keystone Financial. Inc. Edwin B. Stevenson Pension -$779.QI per month payable beginning 7/1115. Keystone Financial 401 (JO Edwin B. Stevenson Savinl!s Plan -Valued at $117,641.64, as of September 30, 1998. Penn Mutual Life Insurance Edwin B. Stevenson IRA#7333334 -Valued assessed at $7,606.10 on 7/5/99. -Value cannot be detennined for 1998. AtM""ntt~ Edwin B. Stevenson Accnt # 7000223219 -Valued at $8,226.78 as of 4/1199. GT Global Funds (Renamed Carol R. Ogilvie AIM Funds), Accnt. #00060583453.2 -Valued at $3,004.48 on June 30, 1998. GT Global Funds (Renamed Edwin B. Stevenson AIM Funds) Accnt #00060532708_1 -Valued at $7,740.14 on June 30, 1998. 6. Bank Accounts: Keystone Financial. Inc. Edwin B. Stevenson and Joint Checkinl: Account Carol R. Ogilvie #3440000861 -Value on 8/9/98 was $3,700.76 Keystone Financial. Inc. Edwin a. Stevenson and Savin~s Account Carol R. Ogilvie -Plaintiff valued account at $2,200.00 on August I, 1998. (See Pennsylvania National Bank Personal Financial Statement dated 8/10/98.) -Actual value cannot be ascertained as records for this account have not been provided. Keystone Financial. Inc. Edwin B. Stevenson Money Market Account. Accnt. # HI 3-244228 -Valued at $42,360.00 as of 8/31198. Commerce Rank Checkinl: Edwin B. Stevenson NON.MARITAI. PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest, which is claimed to be excluded from mllJilal property. ITEM NUMBER DESCRIPTION REASON FOR OF PROPERTY EXCLUSION 8. Inheritance: $181,762.70 received by Mr. 23 Pa.C.S.A. ~350I (a)(3) Stevenson, following death of his father on 7/28/98. Disbursement of inheritance occurred in the fall of I 999.(Deposition dated 12/14,2000, p. 21). PROPERTY TRANSFERRED ITEM DESCRIPTION DATE OF CONSIDERATION TRANSFEREE NUMBER TRANSFER I. Securities M&T shares of 3/28/02 The parties Commerce Bank: stock owed received a total of Plaintiff's account jointly and $41,923.36, number is separately by which was split #06 I 62960 19; Edwin Stevenson equally into two Defendant's account (2) separate number is accounts of #0616296001. $20,961.68 each. 2. Pension! Penn Mutual Life Actual date of $15,833.00 Morgan Stanley Dean Retirement Insurance IRA transfer is not Witter Aecounts and AIM Funds known. Penn= $ 7,606.10 IRA AIM= $ 8 226.78 $ I 5,833.00 3. Pension! Keystone 2123/00 $145,155.80 Morgan Stanley Dean Retirement Financial 40 I (K) Witter retirement -Value at time of account separation was $117,641.64. 4. Pension! Keystone Plaintiff received $18,865.95 Plaintiff received cash Retirement Financial, Inc. two (2) separate disbursements, which Account (Non-Qualified disbursements in were deposited into Plan) March of 1999 and his personal checking 2000. account. 5. Motor 1991 Mercury 8/5/0 I $200.00 cash plus Ms. Miriam Mitten Vehicles services. I 6. Motor 1992 Honda Date unknown Value unknown Vehicle traded in Vehicles Sedan I Ms. Millen agreed to transpon the panies' daughter, Michelle, home from school every day, because sbe had an abridged school schedule her senior year as a result of her disability. 7. everanee Pay an Severanee package of 26 weeks pay. UADlI.ITIES ITEM NUMBER DESCRIPTION CREDITORS DEBTORS I. Real Estate _1M Mortgage balancc Wells Fargo Home Plaintiff and totals $IS,853.74 as Mortgage Defendant. of 6/02. -2 Mortgage balance M&T Bank Plaintiff and totals $10,681.25 as Defendant. of 4120/02.. 2. Credit Card Visa Credit Card First USA Carol R. Ogilvie-but Accnt # included marital debt 4417122736173841 -$4,938.39 owed on 9114/98. -Defendant paid debt in full with the $10,000.00 Plaintiff gavc Defendant. MONTHI.Y YEARI.Y (Fill In appropriate column) OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Compo Worker's Compo Alimony Child Support TOTAL NET INCOME $ 78.00 $937.74 (net) (payments stopped 5/02) $ 78.00 $937.74 EXPENSES Home 1st Mortgage $ 432.72 $5,192.64 Home Equity 220.84 2,650.08 Maintenance 150.00 1,800.00 Utilities Electric 220.00 2,640.00 Gas Oil Telephone (home/wireless) 200.00 2,400.00 Water Sewer Trash 71.00 12.00 852.00 144.00 MONTHLY YEARLY (Fill In appropriate column) Employment Public Transportation Lunch $ 80.00 $ 960.00 Taxes Real Estate (incorporated in mortgage) Personal Property (incorporated in mortgage) Income Occupational Tax 510.00 School Taxes 1,082.63 Insurance Homeowners (incorporated in mortgage) Automobile $ 116.00 $ 1,400.00 Life Accident Health Other Automobile Payments Fuel 60.00 720.00 Repairs 75.00 900.00 Medical Doctor 40.00 480.00 . . , . . .. . Dentist 10.00 120.00 Orthodontist Hospital Mcdicine 72.00 864.00 Special Needs (glasses, contacts, 27.00 400.00 braces, orthopedic devices) MONTHLY YEARLY (Fill In appropriate column) Education Private School Parochial School College $ 1,000.00 $ 12,000.00 Religious Personal Clothing 200.00 2,400.00 Food 400.00 4,800.00 BarberlHairdresser 60.00 720.00 Credit Payments Charge Accounts Memberships Dry Cleaning 50.00 3,600.00 Loans Credit Union Miscellaneous Household Help $ 100.00 $ 1,200.00 Child Care PaperlBookslMagazines 25.00 300.00 Entertainment 200.00 2,400.00 . . . . . , , Pay TV 38.00 456.00 Vaeallon 42.00 500.00 Gifts 100.00 1,200.00 Legal Fees Charitable Contrlbullons 80.00 960.00 Other ChlId Support Alimony Payments Animal Care 15.00 lBO..Dll TOTAL EXPENSES $ 4,096.56 $ 54,481.35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. f f! !+W>f<f<N'f'f.'oN-l+N.H+i+ IN THE'CQURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~. HI tl ~..~;'~,' PENNA. EDWIN B. STEVE~_~QH, Plaintiff No. 99-1805 CIVIL VERSUS CAROL R. OGILVIE, Defendant DECREE IN DIVORCE AND NOW,-Nnvc......lau 2../ , 2060, IT IS ORDERED AND DECREED THAT EDWIN B. STEVENSON . PLAINTIFF, AND CAROL R. OGILVIE , DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONV. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT VET BEEN ENTERED; Alimony, alimony pendente lite, equitable distribution. counsel fees and costs. Bv TH E CWL-o ATTES J. . . . . ..+t+.+..... +...t......................................... 'to.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . !~ C') G , , t~; , , : , .. '-.-J :::.j ,...) j , , , ~. i . i , " .- , 1. ,'--) , . .J c~.) C) " to . . . . B CI) .... W ~ 0 ~~ u: c;~lt) u.. 0 0>00 '-'.... ~ ~il;"T UJZ~ Zz UJUJ~ ~<>:~ > ~~D w ... ~ -CO en c; Q< ~ , . EDWIN B. STEVENSON, I'lnintilT : IN TilE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA L r - L I' I I , r t L v. : NO. 99.1805 CIVIL CAROL R. OGILVIE, Defcndant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To thc 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 ~330 1 (c) of the Divorce Code. 2. Date and manner of service of the complaint: John J. Connelly, Jr., Esquire, accepted service of the Complaint in Divorce on April I, 1999, and it was then filed before this Honorable Court on April 9, 1999. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by ~3301(c) of the Divorce Code: by Plaintiff October 31. 2000; by Defendant October 31, 2000. (b)(l) Date of execution of the affidavit required by ~330I(d) of the Divorce Code: N/A; (2) Date of filing and scrvice of the Plaintiffs affidavit upon the Respondent: N/A. 4. Related claims pending: Alimony, alimony pendente lite. equitable distribution, counsel fees and costs. .. >- c G 0-; c:: r:o ...::7 l1Jr) ~ ::?.". ~t " .~j ?:i "- :;~)::;j a~.. f'") ':~f/) lu:. _i~ '"'::'11 ;::.. 'C% lL..:. C_' :.;/IIJ ,- :.r.:: ;,:'Q.. l.t., .<-:: 0 <::) ~ 0 0 5. Until final cconomic resolution and in the event that cithcr party remarries, such party shall enter into a Premarital Agreement with his or her intendcd spouse. In the Premarital Agreemcnt, the intcnded spousc shall waivc any and all rights to so much ofthc parties' marital property as is ultimately awarded to the non-marrying party by final Order of Court determining economic claims incident to the divorce action. The Premarital Agreement shall specifically provide that the intended spouse shall sign, after marriage, any documents required under the Retirement Equity Act to effcctuate the purposes of this Stipulation and Order. The marrying party shall provide counsel for the non-marrying party a copy of the applicable portions of the Agreement which confinns compliance with this paragraph and the signature page of the Agreement itself. 6. The Dead Man's Rule and the provision of the Dead Man's Statute shall be waived in the event either party predeceases the other pending final resolution of all ancillary marital claims as raised in the pleadings. 7. All marital property of the parties shall be held in custodia legis after entry of the Divorce Decree including any and all rights either may have under the Retirement Equity Act of 1984. Each party shall take whatever steps are necessary to preserve the other party's right in any retirement interests acquired during the marriage, such as pensions, profit sharing plans or other similar assets that may exist. This would include maintaining the surviving party as a surviving spouse entitled to death benefits upon a party's death even though the parties are divorced. 8. Wife shall remain beneficiary on any life insurance policies presently in existence where she is designated as beneficiary. In the event Husband has any life insurance policies under which Wife is not named beneficiary, the said policy shall nwne the children or a trust for NOTICIA Le han demandado a usted en la corte. Si '.Jsted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene vier.le (20) dias de plazo aI partir de la fecha de la demanda y la nOlilicacion. Usled debe presentar ulla apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion do demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDlATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V AYA EN PERSONA 0 LLAME POR TELFONO A LA OFICINA COY A DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 5. The Plaintiff and Defendant are both citizens of the United States of America. 6. There have been no prior actions in divorce between the parties. 7. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to partieipate in counseling. 9. The causes of action and sections of Divorce Code under which Plaintiff is proeeeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on August 15, 1998. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. B ;:;: fa ~ ~$ l:l: 15~~ o ~~~ ~ ~~~ > ~~c ~ ~ffi c( !2 Q '" ~ ("') '::l ,~ f; a "U r: - :-?: -::") I'll " '..: =-"::.. I 1 ?( , c.j.~ ~ (..; " ~'" I !:..; : - ~"':.) ;". c; : '/ " ) ~: CI r;y :-,.1 , L~ % N 0- -..4 ~u -< ---J -< , '" '" " ~ , ". , . ("'.1 )4:( ", .:/~ - :: ~~ :..!, :~~ ~, ..f..rl JZ ',"01' <: ~i",] ...'.10- - ....~ " ....") :J L, (J ~ C ~- >- Q~!8 ~ 5;'/<3 8;~~ i ~~~ <; ~~~ Q ;;i!ii ~ m - ... ~ ~.~ '-~ to YOU Altl ......, MOTI"IO TQ .......0 TO n.a: CNC~D Wt,...... 1'WIHTY f)Of DA.... Of' ulMer "DIOP Ott A DI'''",,' NDO.....' ...., II .",.".0...... 10041"" YOU .~ LAw OI'I'ICB JAMBS, SMITH, DURKIN &; CONNELLY, LLP " P,08OX6lO , . HERSHEY. PENNSYLVANIA I'IOJJ<<lO WI: N&UltY CUT11Y TMAT TNt wmtlN II ... TltUl ANO COfHIRC' C~ Of' ,"I ... ,..,e...." "LID IN TMII ACTtOH. .. .. .- EDWIN B. STEVENSON, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99 - 1805 CIVIL CAROL R. OGILVIE, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFII>A VIT OF CONSENT AND WAIVER OF COUNSELING I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 26,1999. 2. The marriage of the Plaintiff and Defendant is irrctrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verilY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: /0/31 ( (j~ .. ", . . " CL-,.f'<.Q K. C:j'~"\. <luLL- Carol R. Ogilvie, Defendant >- r-. >- 9.; ", t::; ~:"; ". " r.."1 =:> ,OJ'" " :-' ;>' ". .... "..J ~:( -- ;;.. '~~ '_.' , - .") :- iff) -, " -~Z '-j "~~ ;:. ._-~ ..1'11.1 c: '~'.Jn.: ;): :.E -. 0 ::> !-:; 0 u " , ~::" . ~> - <':~' ~, :',}" [:.i,', "~V,':: -':;<;, '. , _ u . , '. ....,..~. " ::....~~: .- ct) ~ s; ,,: ,:-:: Z , , N c-, C" ;5< ~.} (':: .~ 7- ...... ~J ...,-" !"'- ". :1::.1 :~);:.', . .. '."J <.:fu ~ ~i I .17- "'z d' e:. i ;ilu -. ~~~ n.. ~- t,_ 0 :::> () 0 () .~ '. ";..f .4 ~- 'i'n 1~~ , ~ '-. EDWIN B. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 99 - 1805 CIVIL CAROL R. OGILVIE, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES Very truly yours, TO: Lori K. Serratelli , Counsel for Plaintiff Edwin B. Stevenson , plaintiff John J. Connelly, Jr. , Counsel for Defendant Carol R. Ogilvie Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania, on the 13th day of November 2002, at 9:00 a.m., with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference, a hearing will be scheduled at another date. Date of Notice: September 13, 2002 E. Robert Elicker, II Divorce Master 9. DlsDuted Personal ProDerlv: Nonc to Plaintiffs knowlcdgc. 10. Marital Debts: See Plaintifl's Inventory and Appraisement. 11. ProDosed Resolution: I. Plaintiff will retain his pension!annuity account with Kcystone Financial, Inc. 2. Plaintiff will retain his account with Morgan Stanley Dean Witter (IRA) which represents rollovers from his Keystone Financial 401 (K) account; his Penn Mutual Life Insurance Company Individual Retircment Account No. 7333334; and his AIM Funds Individual Retirement Account No. 7000223219. 3. Plaintiff will retain his Penn Mutual Life Insurance Policy No. 7539759 and Minnesota Life Insurancc Policy No. 1-871-236V, including any cash surrender value attributable to the policies. 4. Plaintiff will retain the 1997 Honda Coupe automobile. 5. Defendant will retain the marital property known as 1369 Shuman Drive, Carlislc, Pennsylvania. Defendant shall refinance the two mortgages with First Union and Keystone financial in order to remove Plaintiffs name from the two mortgage obligations 6. Defendant will retain the M & T Money Market account which was transferred from Keystone Financial, Inc. Money Market account at the time the merger occurred. 7. Defendant will retain her pension/annuity with the Pennsylvania School Employees Retirement System. 8. Defendant will retain her Lincoln Life 403(b) Tax Deferred Plan. 9. Th.: escrow accounts with Commerce Bank which represent the cash value cfall M & T stock owned by the parties either individually or jointly, shall be divided to effectuate an equal distribution of all marital assets. 10. Defendant will retain her Delaware Investments Individual Retirement Account No. 00 I-50 14303833. II. Defendant with retain her AIM Funds Individual Retirement Account No. 7000234372. Juhn J ('onnelly. Jr. JJCJffjjJw!tgalcum , . JS)( l"H~S\nl1ll""I~~I:'\l &.ON~IU.Y UJ' July 3, 2002 E. Robert Elicker, Ill. Esquire Cumbcrland County Divorcc Master 9 North Hanover Street Carlisle, P A 17013 Re: Edwin R StcvCIlSOIl v, Curol R. Ogilvic No. 99 - 1805 Civil Teml Dear Mr. Elickcr: GARV L JA~ES MAX J. SMlni, JR. KAREN DuRKIN JOHN J. CONNELL V. JR. ScOTT A. DIETTERICK JAt.4ES F. SPADE GR[QORY K. RICHARDS RICHARD L DAHLEN SUSAN M. KADEL JARAO w. HANDELMAN DON...... M. MULLIN EDWARO P. SEEBER NEIL W. VAKN BERNARD A. RVAN, JR. COURTNEY L. KISHEL Enclosed pleasc find Carol Ogilvie's Pre-Trial Stutcment. JJC:jlk cc: Lori K. Serratel1i, Esquire Of COUNSEL: ANDREW W. BARBIN HERSHEY, PA MAN~EV & DEAS, LLC COLU~BUS, OH Enclosure ..... "-' - ~ .... ~ ~ en w ~ ~~ u. 1;:~ o o>g! ~o.J'Y 3; w~.... ~ t5t5~ ~":~ ~ ~~~ .... ~:;) ~ ~ '" ~ (") c::. C.-. C. 0 .-.. ". -(J t , n. ! , ,;1 z. :-~... i , (,'J '-~ - S co. , ,,' '-':' , ~;~ ( , ) J::; C.~ ';? ~" l,. ~: ~. t --, ',n ~;; -. (., -, . '* OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Street Cartlsle, PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Maste, Trlcl .10 Colyer Office ManageriReporter We.t Shore 697-037t Ext. 6535 May 8, 2002 Lori K. Serratelli Attorney at Law SERRATELLI, SCHIFFMAN, BROWN & CALHOON Suite 201,2080 Linglestown Road Harrisburg, PA 1711 0-9670 John J. Connelly, Jr., Esquire JAMES, SMITH, DURKIN & CONNELLY P.O. Box 650 Hershey, PA 17033-0650 RE: Edwin B. Stevenson vs. Carol R. Ogilvie No. 99 - 1805 Civil In Divorce Dear Ms. Serratelli and Mr. Connelly: A divorce decree was entered on November 21, 2000, by Judge Oler preserving the economic claims raised in the action of alimony, alimony pendente lite, equitable distribution, and counsel fees and costs. I am going to proceed on the basis that there are no outstanding discovery matters with the understanding that I will not deal with discovery issues at the time of the pre-hearing conference. If there are matters that have not been resolved through the discovery process by the time of the pre-hearing conference, I may preclude any evidence relating to those issues so that we can move forward with this case. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Tuesday, May 28, 2002. Upon receipt of the pretrial statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. S-)~ 02- DATE NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. . I~ rHE COURT OF COMMON PLEAS OF Ct.'MBEIU.ANtl COU'llTY, PEmlSYLVANIA EIl'/IN B. S~, Plaintiff vs. CI\OOL R. OGILVIE O;!terx:lant ~o. 99-1805 Civil 19_ MOTION FOR APPO~r.mIT OF )!ASTER (Plainciff) (~), following claims: Fdwin B. Stevenson a master with respect to the ( ) Divorce ( ) .~nulment ( X) Al.!mony ( X) Aljmony Pendente ~oves the court to appoint (x) ( ) (X ) (X) Distribution of Proper~l Support Counsel Fees Costs and Expenses Lite and in support of the motion states: (1) Discovery is complete as to the claims(s) for ~hich the appointment of a master is requested. (2) The defendanc (has) (~) app~red in the action (personally) (by h:Ls attorney, John J. COnnelly, Jr., Esqw.re ,Esquire). (3) The staturory ground(s) for divorce (is) (are) '!he Divorce has been Bifurcated (See Attached) (4) Delete the inapplicable paragraph(s): (a) The action is ~ot contested. (b) An agreement has been reached ~ith respect to the following claims: (c) The action is contested ~ith respect :0 the follOWing claims: Alillony, APL, Distribution of Property, COunsel Fees, COsts & Expenses (5) the action (~) (does not involve) complex issues of law or fact. (6) the hearing is expected to take 1 ~) (days). (7) Additional information. if any. relevant to the motion: See Attached rod K. Serratelli, Atto~~ ~ ORDER APPODlTING llo\STER /' / / !.ND NOw A~ /& ,~.;bo4-- E:~ ~~ is appointed ::taa"ter \dth respect to the following cla:!l:ls: ~ Date: '1-/0'"2..<.; 0 2- Esquire, By the Court. C' ~ o;;o!\ ~ IJ '- [. F' \ , L F"- \ f'., r , I' t ,. f' r I I I . " ! t I . I EDWIN B. STEVENSON. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-1805 v. CAROL R. OGILVIE, Defendant : CIVIL ACTION - LAW : IN DIVORCE AND NOW, this 3rd. -day of ORDER rJave~R , 2000. upon consideration of the foregoing Stipulation to Bifurcation, the Court hereby ORDERS, ADJUDGES and DECREES that the tenns, conditions and provisions of the forcgoing Stipulation for Bifurcation are adopted as an Order of Court as if set forth at length. BY THE COURT: 15/?-;" .:f -fL} J. TRUl: CCPY FROM R:::CORD In TeEt'fnony ',:.h r',.~f, ! kl'~ ~:-;t'J 5,;1 my hand and t 31"tf SiJ U COIJl'lWal Carlis!'J, Pa. Thi ............... ~f OV. ()() ....:................,~..... ..... ...., , ,.." , rothonotary 5. Until final economic resolution and in the event that cither party remarries, such party shall enter into a Premarital Agreement with his or her intended spouse. In the Premarital Agreement, the intended spouse shall waivc any and all rights to so much of the panics' marital property as is ultimately awarded to the non-marrying party by final Order of Court dctennining economie claims incident to the divorce action. The Premarital Agrcement shall specifically provide that the intended spouse shall sign, after marriage, any documents required under the Retirement Equity Act to effectuate the purposes of this Stipulation and Order. The marrying party shall provide counsel for the non-marrying party a copy of thc applicable portions of the Agreement which confinns compliance with this paragraph and the signature page of the Agreement itself. 6. The Dead Man's Rule and the provision of the Dead Man's Statute shall be waived in the event either party predeceases the other pending final resolution of all ancillary marital claims as raised in the pleadings. 7. All marital property of the parties shall be held in custodia legis after entry of the Divorce Decree including any and all rights either may have under the Retirement Equity Act of 1984. Each party shall take whatever steps are necessary to preserve the other party's right in any retirement interests acquired during the marriage, such as pensions, profit sharing plans or other similar asscts that may exist. This would include maintaining the surviving party as a surviving spouse entitled to death benefits upon a party's death cven though the parties are divorced. 8. Wife shall remain beneficiary on any life insurance policies prcsently in existcnce where she is designated as beneficiary. In the event Husband has any life insurance policies undcr which Wife is not named beneficiary, the said policy shall name the children or a trust for ~ C'oJ >- f..- c: - " ~.: ","; ~l .~ UI I::> . -. C;.. ~.) .- ~~:\: .-- C'. :--.j ':>::- , >- c: , r- '. (I) u: , :~;,~ :'7,~ no 'L "..:.. _ ~,.l;J.", ,- "'" '-. ," U. ("-.J :;, C' 0 U - '>- c l;: (-.~ " .,' .' . . ) " ~.'.. , -, ~j ., ' if) (~ .~IZ S '-"",,: ','.U - :'l ~'':'" C) ~~~) ,...::J U .. YOU'" ......, "0'''110 TO ~U.D to '"I UteLO.'D .....,,",... TWIN'" ,_0.\,.0,- "lNlCe "U'OI 0tI A O"AUI,.' NOllMI""T III'" II' """.'0 AQ"I"" ,OU . ... . 'T ~f.J '11,"'/6-;" QRIJA ""~t LAw OfF1CP. JAMF.5. SMITH, DURKIN & CONNF.LLY, UP P. a IlOX 1>.10 ~ . tII'RSHF.Y. PENNSYLVANIA 11Il)).cl6lO '#1" ",.,., CI."" ,......, THI ...."..Iff.. A '.UI AND CO..CC' co~ O' TH. o.tOn....... '11.10 IN THIS ACTIOfll It,. ~_ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-1805 EDWIN B. STEVENSON, Plaintiff CAROL R. OGILVIE, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S PRE-TRIAL STATEMENT Date of Marriage: Date of Separation: Divorce Complaint filjng date: March 29, 1973 August IS, 1998 March 26, 1999 1. ASSETS A. Marital Property: See Defendant's Inventory Sheet (Exhibit A). B. Non-marital Property: See Defendant's Inventory Sheet (Exhibit A). 2. EXPERT WITNESSES Defendant knows of no expert witnesses at this time. However, Defendant reserves the right to supplement this answer should such become available. 3. NON-EXPERT WITNESSES Defendant knows of no non-expert witness at this time with exception to the parties. However, Defendant reserves the right to supplement this answer should such become available. . ',' . , . '".. ----- ,,' ,." 4, EXHIBITS (0). Dcfcndant's Inventory (Exhibit "A"). (b). Dcfendant's Income and Expense Statcmcnt (Exhibit "B"). (e). Dccd to the property located al1369 Shuman Drive Carlisle, Cumberland County, Pennsylvania 17013. (To Be Provided). (d). Defendant reserves the right to supplement the list of exhibits should additional exhibits become necessary. 5. GROSS INCOMElNET INCOME A. Plaintiff - See Plaintiff's Income and Expense Statement. B. Defendant. See Defendant's Income and Expense Statement. (Exhibit "B'1. 6. EXPENSES A. Plaintiff. See Plaintiff's Income and Expense Statement B. Defendant. See Defendant's Income and Expense Statement (Exhibit "B'1 7. PENSIONSIRETIREMENT A. Plaintiff- Plaintiff has a 40 I (K) with Keystone Financial, Inc. At the time of separation, the value of this account was $117,641.64. Plaintiff also has a pension with Keystone Financial, Inc. which will pay $779.01 per month beginning July 1,2015. Additionally, Plaintiff had a Non-Qualified plan with Keystone Financial, Inc. which was valued at $18,826.95 in September of 1998. Plaintiff already received this disbursement. Plaintiff also had two (2) individual retirement accounts. In September of 1998, plaintiff possessed a Penn Mutual Life Insurance Company Individual Retirement Account (Account #7333334), valued at $7,606.10 on July 5, 1999. The second IRA was tIuough AIM Funds (Account #7000223219), valued at $8,226.78 on June 30, 1999. Both IRA Respectfully submitted, JAMES, SMITH, DURKIN & CONNELLY Date:!J1-IJ.E-o.:J.. . By: I I' I I I I MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any person lIS of the date this action WllS commenced. ITEM NUMBER DESCRIPTION OF PROPERTY NAMES OF ALL OWNERS Edwin B. Stevenson and Carol R. Ogilvie Carol R. Ogilvie Edwin B. Stevenson Edwin B. Stevenson Edwin B. Stevenson Edwin B. Stevenson and Carol B. Ogilvie 1. Real Property 1369 Shuman Drive Carlisle, PA 17013 -Current valued of home is not known. 2. Motor Vehicles: -I Sl Mortgage balance totals $15,853.74 as of 6/02. _2nd Mortgage balance totals $10,681.25 as of 4120/02. 1991 Mercury 1992 Honda-Sedan 1992 Honda-Coupe 1997 Honda 3. Securities: Keystone Financial Inc. Shares of Stock -Valued at $64,500.00 as of August 10, 1998. (See Pennsylvania National Bank Personal Financial Assessment). -The shares were sold in 2002. The parties received $41, 923.36, which is in escrow. 4. LI e Insurance Po IceS: WIn B. Stevenson -Death Benelit of$113,847; -Cash value of 56.000.63. according to statcment datcd 11/17/98 covering time period up to 614/98. Minnesota Life Insurance: Edwin B. Stevenson -Death Benefit of$1 00,000 -Cash value of$6,174.26, valued according to statcmcnt dated 12120/99; -On 12120/98 thc account was assessed a cash value of $4,891.61 Penn Mutual Life Insurance: Carol B. Ogilvie -Death Benefit of $25,000 -No cash value available. 5. PensIOn ana Retirement Employees Retirement System Carol B. ugilvle Accounts: -Valued at $17,589.46 in 6/98 Lincoln I .ire 401(8\ Carol B. Ogilvie -Value on 6/30/98 was $12,408.18. AIM Funds IRA Carol B. Ogilvie Accnt. # 7000234372 -Valued at $2,988.55 lIS of 4/1/99 Delaware Investments IRA Carol R. Ogilvie Accnt #00]-50]4303833 -Valued at $5,731.66 lIS of 9/30/98. Keystone Financial. Inc. Edwin B. Stevenson (Non-Qualified Plan) -Valued at $18,826.95 on 9/30/98. Kevstone Financial. Inc. Edwin B. Stevenson Pemdon -$179.01 per month payable beginning 7/1/15. Keystone Financial 4011)<.) Edwin B. Stevenson Savin~s Plan -Valued at $117,641.64, lIS of September 30, 1998. Penn Mutual Life Insurance Edwin B. Stevenson IRA#7333334 -Valued assessed at $7,606.10 on 715199. -Value cannot be determined for 1998. AIM i:IM:' I t.aWln lS. :stevenson Accnt # 7000221219 -Valued at $8,226.78 as of 4/1/99. GT Global Funds (Renamed Carol R. Ogilvie AIM Funds). Accnt. #00060583453.2 .Valued at $3,004.48 on June 30, ) 998. GT Global Funds (Renamed Edwin B. Stevenson AIM Funds) Accnt. #00060532708.1 .Valued at $7,740.14 on June 30, 1998. 6. Bank Accounts: Keystone Financial. Inc Edwin B. Stevenson and Joint Checkinl1 Account Carol R. Ogilvie #3440000861 -Value on 8/9/98 WllS $3,700.76 Keystone Financial. Inc. Edwin B. Stevenson and Savin~s Account Carol R. Ogilvie .Plaintiff valued account at $2,200.00 on August I, 1998. (See Pennsylvania National Bank Personal Financial Statement dated 8/10/98.) -Actual value cannot be ascertained as records for this account have not been provided. Keystone Financial. Inc. Edwin B. Stevenson Money Market Account. Accnt. # HI 3.244228 -Valued at $42,360.00 as of 8/31/98. Commerce Rank Checkinl1 Edwin B. Stevenson NON.MARITAL PROPERTY Defendant lists all property in which a spouse has a legal or equitable interest, which is claimed to be excluded from marital property. ITEM NUMBER DESCRIPTION REASON FOR OF PROPERTY EXCLUSION 8. Inheritance: $181,762.70 received by Mr. 23 Pa.C.S.A. ~3501 (a)(3) Stevenson, following death of his father on 7/28/98. Disbursement of inheritance occurred in the fall of I 999.(Deposition dated 12/14,2000, p. 21). PROPERTY TRANSFERRED ITEM DESCRIPTION DATE OF CONSIDERATION TRANSFEREE NUMBER TRANSFER 1. Secunties M&T shares of 3/28/02 The parties Commerce Bank: stock owed received a total of Plaintiff's account jointly and $41,923.36, number is separately by which was split #0616296019; Edwin Stevenson equally into two Defendant's account (2) separate number is accounts of #0616296001. $20,961.68 each. 2. Pension! Penn Mutual Life Actual date of $15,833.00 Morgan Stanley Dean Retirement Insurance IRA transfer is not Witter Accounts and AIM Funds known. Pcnn= $ 7,606.10 IRA AIM= $ 8.226.78 $15,833.00 3. Pension! Keystone 2/23/00 $145,155.80 Morgan Stanley Dean Retirement Financial401(K) Witter retirement -Value at time of account separation was $117,641.64. 4. Pension! Keystone Plaintiff received $18,865.95 Plaintiff received cash Retirement Financial, Inc. two (2) separate disbursements, which Account (Non-Qualified disbursements in were deposited into Plan) March of 1999 and his personal checking 2000. account. 5. Motor 1991 Mercury 8/5/0 I $200.00 cash plus Ms. Miriam Mitten Vehicles services. 1 6. Motor 1992 Honda Date unknown Value unknown Vehicle traded in Vehicles Sedan 1 Ms. Mitten agreed to transpon the panies' daughter, Michelle, home from school every day, because she had an abridged school schedule her senior year as a result of her disability. 7. everance Pay an Severance package of 26 weeks pay. LIABILITIES ITEM NUMBER DESCRIPTION CREDITORS DEBTORS J. Real Estate -I" Mortgage balance Wells Fargo Home Plaintiff and totals $15,853.74 as Mortgage Defendant. of 6/02. -2 Mortgage balance M&T Bank Plaintiff and totals 510,681.25 as Defendant. of 4/20/02.. 2. Credit Card Visa Credit Card First USA Carol R. Ogilvie-but Accnt # included marital debt 4417122736173841 .$4,938.39 owed on 9/14/98. -Defendant paid debt in full with the $10,000.00 Plaintiff gave Defendant. OTHER INCOME Interest Dividends Pension Annuity Social Security Rents Royalties Expense Accounts Gifts Unemployment Compo Worker's Compo Alimony Child Support TOTAL NET INCOME MONTHLY YEARLY (Fill In appropriate column) $ 78.00 5937.74 (net) (payments stopped 5/02) $ 78.00 $937.74 EXPENSES Home 1'1 Mortgage $ 432.72 $5,192.64 Home Equity 220.84 2,650.08 Maintenance 150.00 1,800.00 Utilities Electric 220.00 2,640.00 Gas Oil Telephone (home/wireless) 200.00 2,400.00 Water Sewer 71.00 12.00 852.00 144.00 Trash MONTHI.Y YEARLY (Fill In appropriate column) Employment Public Transportation Lunch $ 80.00 $ 960.00 Taxes Real Estate (incorporated in mortgage) Personal Property (incorporated in mortgage) Income Occupational Tax 510.00 School Taxes 1,082.63 Insurance Homeowners (incorporated in mortgage) Automobile $ 116.00 $ 1,400.00 Life Accident Health Other Automobile Payments Fuel 60.00 720.00 Repairs 75.00 900.00 Medical Doctor 40.00 480.00 .. . . . . .' ~ Pay TV 38.00 456.00 Vacation 42.00 500.00 GIfls 100.00 1,200.00 Legal Fees Charitable Contributions 80.00 960.00 Other Child Support Allmony Payments Animal Care 1500 .lBMO TOTAL EXPENSES $ 4,096.56 S 54,481.35 record will be considered the substantive agreement of the parties not subject to any changes or modifications except r: f',', " , " for correction of typographical errors which may be made during the transcription. The parties and counsel are [ f,.' going to return later this morning to review the transcription for typographical errors, makes any corrections as necessary, and then affix their signatures to the agreement affirming the terms of settlement as entered on the record at this time. Following the receipt by the Master of the completed agreement, he will prepare an order vacating his appointment. Upon the Master's vacation of his appointment, all economic and divorce issues in this case will have been concluded and there will be no further proceedings necessary before the Court. Mr. Connelly. MR. CONNELLY: The parties and counsel have been negotiating since approximately 8:30 this morning and over the last week to ten days have been exchanging information regarding their assets. The following is the agreement that the parties have reached: 1. Carol R. Ogilvie shall retain sole ownership of the marital residence located at 1369 Shuman Drive, Carlisle, Pennsylvania. Counsel for wife shall prepare a deed transferring all right, title, and interest into her name individually. Said deed shall be forwarded to counsel for husband who shall promptly sign the deed. Wife shall have 90 days from today's date to effectuate a refinance on the first mortgage and home equity loan and in the interim shall in~emnify and hold husband harmless on those 2 . .. obligations. 2. Husband shall retain as his sole and separate property the following items: Keystone Financial pension; Morgan Stanley IRA, account No. 410012582; Morgan Stanley IRA, account No. 410012482; After transfer to wife of $36,000.00 which shall be effectuated immediately, husband shall retain ownership of his M&T money market account, No. H13-244228. Husband shall be solely responsible for any tax liability on the said account for the tax year 2002. Husband shall retain the cash value in his Penn Mutual life insurance policy and his Minnesota life insurance policy. Husband shall retain the following motor vehicles or proceeds therefrom: 1997 Honda Accord and 1992 Honda Sedan. Husband will retain ownership of the parties' joint Keystone checking account which is now closed and husband's Commerce Bank account. 3. In addition to the marital residence, wife shall retain her interest in the pennsylvania School Employees' Retirement System pension, her Lincoln Life 403B tax deferred plan, and two escrow accounts at Commerce Bank; one in wife's name and one in husband's name representing the sale of Keystone Financial stock. Wife shall be responsible for the tax liability on the said escrow accounts for the tax year 2002. wife shall also retain her Delaware investment IRA, Aim Funds IRA, and either the following vehicles or proceeds therefrom: 1991 Mercury Sable and 1992 Honda Accord. Husband shall immediately transfer title to the said 1992 Honda Accord to wife individually. 4. Any personal property in the possession of either party at the time of the signing of this agreement shall remain their sole and separate property. 5. Each party waives any claim they may have against the other under the Domestic Relations Code of the 3 ,I I . \ r . ~ MR. STEVENSON: Yes. MS. SERRATELLI: Do you feel that we have full disclosure of all assets and that you are entering into thio agreement voluntarily? MR. STEVENSON: Yes. MS. SERRATELLI: Do you have any questions? MR. STEVENSON, No. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: // ' 0 A~'L' () 0 . ri K. Serratelli Attorney for Plaintiff fdv~ ~~. 0 Edwin B. Stevenson 11/f3/p:J.. , ~ ~\t.~ Carol R. Ogilv1e 5 EDWIN B. STEVENSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Va. NO. 99 - 1805 CIVIL CAROL R. OGILVIE, Defendant IN DIVORCE THE MASTER: Today is Wednesday, November 13, 2002. This is the date set for a conference with counsel and the parties. Present in the hearing room are the plaintiff, Edwin B. Stevenson, and his counsel Lori K. Serratelli, and the Defendant, Carol R. Ogilvie, and her counsel John J. Connelly, Jr. A divorce decree was entered on November 21, 2000, by Judge J. Wesley Oler, Jr. The decree preserved the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and costs. Those claims were raised in a petition for economic relief filed by the Defendant on August 30, 2000. The parties were married on March 29, 1973, and separated August 15, 1998. There are two emancipated children of this marriage. The Master has been advised that the parties, after negotiations this morning, have reached an agreement with respect to the outstanding economic issues. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the 1 obligations. 2. Husband shall retain as his sole and separate property the following items: Keyotone Financial pension; Morgan Stanley IRA, account No. 410012582; Morgan Stanley IRA, account No. 410012482; After transfer to wife of $36,000.00 which shall be effectuated immediately, husband shall retain ownership of his M&T money market account, No. H13-244228. Husband shall be solely responsible for any tax liability on the said account for the tax year 2002. Husband shall retain the cash value in his Penn Mutual life insurance policy and his Minnesota life insurance policy. Husband shall retain the following motor vehicles or proceeds therefrom: 1997 Honda Accord and 1992 Honda Sedan. Husband will retain ownership of the parties' joint Keystone checking account which is now closed and husband's Commerce Bank account. 3. In addition to the marital residence, wife shall retain her interest in the Pennsylvania School Employees' Retirement System pension, her Lincoln Life 403B tax deferred plan, and two escrow accounts at Commerce Bank; one in wife's name and one in husband's name representing the sale of Keyscone Financial stock. Wife shall be responsible for the tax liability on the said escrow accounts for the tax year 2002. Wife shall also retain her Delaware investment IRA, Aim Funds IRA, and either the following vehicles or proceeds therefrom: 1991 Mercury Sable and 1992 Honda Accord. Husband shall immediately transfer title to the said 1992 Honda Accord to wife individually. 4. Any personal property in the possession of either party at the time of the signing of this agreement shall remain their sole and separate property. 5. Each party waives any claim they may have against the other under the Domestic Relations Code of the 3 '>- " I ~:: u~ i" ~ ,......J ; ) < , . , - J .. .. . , ", .. .,' -. " -~.l I ::; ( , ',. '_ll I '- L. " .. , :::J ...J (.J j "I !