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Home My WebLink About90-0481r Johnson, Duffie, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MICHAEL V. ROTH, Plaintiff/Obligor v. LINDA M. ROTH, Defendant/Obligee Attorneys for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.481 CIVIL 1990 CIVIL ACTION -LAW IN DIVORCE STIPULATION 2n~ fi AND NOW, this ~ day of , 2007, MICHAEL V. ROTH, of 3938 Netherfield Road, Philadelphia, Pennsylvania 19129-101 (hereinafter called "Plaintiff") and LINDA M. BOTH a/Wa LINDA MUMMA, of 512 Creekview Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter called "Defendant"), with the intent of being legally bound hereby, each stipulate and agree as follows: WHEREAS, the parties are formerly husband and wife having been divorced by this Court to the above case number on June 4, 1990; and WHEREAS, the parties are the parents of three (3) children born into the marriage, namely Carter L. Roth, born July 15, 1974, Michael R. Roth, born July 2, 1975, and Jennifer M. Roth, born October 17, 1979; and WHEREAS, pursuant to a Voluntary Separation and Property Settlement Agreement entered by the parties on July 18, 1989 (hereinafter "Agreement"), Plaintiff covenanted and agreed to provide support for the children of the marriage including the payment of medical, educational and extracurricular expenses; and I', WHEREAS, the parties have entered into Stipulations in 1995, 1999, 2001 and 2004 agreeing upon an amount of child support that should be paid by Plaintiff to Defendant for specified years; and WHEREAS, the parties have agreed to a final resolution of all outstanding issues as it pertains to support for the children of their marriage arising out of the Agreement; and WHEREAS, the parties hereto are desirous of settling this matter without a hearing or any further accounting between them by entering into this Stipulation. NOW THEREFORE, the parties hereto, each intending to be legally bound hereby, do stipulate and agree as follows: 1. The above recitals are incorporated herein as part of this Stipulation. 2. Presently in place is a Court Order entered on or about May 11, 2004 whereby Plaintiffs wages through his employer are attached. The present attachment is the sum One Thousand Six Hundred Fifty ($1,650.00) Dollars from Plaintiffs bi-weekly paycheck and paid to PA-SCDU, which said amount is then paid to the Defendant. To facilitate this arrangement, the Attachment Order is made payable and enforceable through the Cumberland County Domestic Relations Office. The present Order has outstanding arrears which at the present rate of payment by the Plaintiff shall be paid in approximately one (1) year. 3. The parties agree that to forever settle and resolve any and all present and future claims by Defendant against Plaintiff for child support between them pursuant to the Agreement, Plaintiff shall continue paying Defendant at the rate of One Thousand Six Hundred Fifty ($1,650.00) Dollars bi-weekly (via wage attachment and payment to PA-SCDU which shall then be paid to the Defendant) for three (3) additional years continuing after the current amount of the arrears is paid in full. The total amount due from Plaintiff to Defendant over this additional three (3) year period shall be One Hundred Twenty-Eight Thousand Seven Hundred ($128,700.00) Dollars ($1,650.00 bi-weekly x 26 weeks =$42,900.00 per year x 3 years = $128,700.00). This amount ($128,700.00) shall be added to the current support arrears on the above-referenced Child Support Order. 4. Plaintiff is presently employed by the American Express and is a .participant in certain r •, pension plans through his employer. Plaintiff hereby pledges as collateral to secure the aforesaid child support payments his retirement plans such that should he lose his employment from American Express fer any reason and default on the payments, the proceeds of these plans, after payment of taxes, shall be p ' one + over to Defendant and applied to the a~ears then in effect. Furthermore, Plaintiff is the owneryr w.~ica~ ~rr.ESS C~n~,j. insurance policies: with a face amount of .~' v9! DOQ, Gb __ Plaintiff hereby names and designates, revoking any prior beneficiary designation, Lin M. oth a/k/a Linda Mumma as the primary beneficiary ofr~ ahs~-e#~#ese aforesaid life insurance poll ' he extent at the time of his death there is a balance due on the arrears for child support owed to Linda M. Roth a/k/a Linda Mumma in the above captioned child support case. After payment of any and all child support arrears from said life insurance and/or retirement plans, the balance of the life insurance proceeds shall be paid to Plaintiffs other designated beneficiaries. 5. Defendant agrees that should Plaintiff receive any bonus from his employer or employers in the future, the after-tax proceeds from said bonus need not be paid to PA-SCDU to be applied to Plaintiffs account. Any such application of payment shall be voluntary by Plaintiff. 6. The parties agree and acknowledge that the Stipulation and Order entered in this case on October 25, 1995 is consistent and in furtherance of the action being taken in this present Stipulation, and the terms and conditions of the October 25, 1995 Court Order and Stipulation shall not be amended or affected in any way except as specifically set forth herein. 7. The parties agree that the terms of this Stipulation shall be submitted to the Court of Common Pleas of Cumberland County for incorporation into a final Order of Court which is attached hereto. 8. The parties agree that jurisdiction in this matter shall remain with the Court of Common Pleas of Cumberland County, Pennsylvania. 9. This Stipulation has been prepared by Johnson, Duffle, Stewart & Weidner, attorneys for Defendant. Johnson, Duffle, Stewart 8~ Weidner has not represented Plaintiff in any respect with the negotiation and preparation of this Stipulation. Plaintiff acknowledges that he has the right, if he so desires, to consult with counsel of his own choice regarding this Stipulation and its legal effect. 1 IN WITNESS WHEREOF, the parties intending to be legally bound hereby, have set their hands and seals the day and year first above written. WITNESS: ~ 1 ~~ Q . ~.~'~~n.,hoLL DATE: ~s~ :303144 to t= ~ a O -,~ c" "Y3 U ~ r', --+ ~'" ~ r? _ ~ tnr1~- C- _~ tT~ s:. _ -. -~ _r, ~r=: ~ ~ C3 ' L~ ~:' ~ ~ i t7 -~-r ,,,~ S~J ~,, "< AUG a~2 20010 1 Johnson D~ffie Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant MICHAEL V. ROTH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff/Obligor v. N0.481 CIVIL 1990 LINDA M. ROTH, CIVIL ACTION -LAW Defendant/Obligee IN DIVORCE ORDER OF COURT AND NOW, this ~ day of /~-.-. w.,~ 2007, upon consideration of the Stipulation of the parties which is attached hereto and incorporated herein by reference, IT IS HEREBY ORDERED and decreed that said Stipulation is approved and adopted as an Order of Court with full weight and effect, as if it had been set forth in full hereinafter. The parties are further advised that this Order of Court is binding and enforceable. This matter is referred to the Cumberland County Domestic Relations Office to initiate the proper attachment of the Plaintiff's wages and assigning and crediting arrearages as set forth in the attached Stipulation. BY THE COURT: 1 ~p~£1`~ l~~ ~fi°~~ ~ ~~ ' 7 w ~ q~...~,~,~. (''~ ~Ist'~~~f~~i~`~~,~ ~-~~ < < ~~ ;6 ~~ £- ~~~ 1~lOZ x~d.~c~~~3a~~~i~ ~o ~ao~ Lo~FIB