Loading...
HomeMy WebLinkAbout01-2787 SAlOIS SHUFF, FLOWER " UNDSAY A1"I'OKNDS-At-lAW 26 W. Hlsh SIn!eI Carllole, PA ROGER E. ROWE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VB. : CIVIL ACTION - LAW : NO. 2001. 0l~7 Defendant : IN DIVORCE CIVIL TERM PENNY J. ROWE, 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, P.C. Attorneys for Plaintiff By: SAlOIS SHUFF, FLOWER &. UNDSAY A~A'N.AW 26 W. HIBb SIReI Carllole. PA ROGER E. ROWE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2001-;J. 7i1 Plaintiff vs. CIVIL TERM PENNY J. ROWE, Defendant : IN DIVORCE COMPLAINT ROGER E. ROWE, Plaintiff, by his attorneys, SAlOIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1. The Plaintiff is Roger E. Rowe, who currently resides at Big Spring Terrace, Lot 174, Newville, Cumberland County, Pennsylvania, where he has resided since 1986. 2. The Defendant is PENNY J. ROWE, who currently resides at 36 Canis Court, Swell, New Jersey, where she has resided since March 7, 2001. 3. The Plaintiff has been a bona fide resident 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 October 18, 1986, at Newburg, Pennsylvania. 5. That there have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 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. SAlOIS SHUFF, FLOWER & LINDSAY ATI'OINBYs-A'NAW Z6 W. HI'" 5...... Carlill.., PA 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. Date: WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAlOIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff \ By: ~/ ?J. ZCCI SAlOIS SHUFF. FLOWER & LINDSAY ATIIlII\'BYSOA,......W 26 W. High 51.... Carl"", PA 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 unsworn falsification to authorities. Roger E. Rowe Date: .. "'11 ~ n 0- > rn > :E ~ r. ~ ~ -::''::iiiiooi :::;, :::;, r- :c .... .... !'" C5 t ~ ::!2 :r:: 1.01 """ .....- En t: 0. - ..... 00 ~ 21 ;a 00 ,.I:::; t'I'l ~ n .. ~ -I > i5 >c I!! lC <0 .. '" ""CII 3: -:::1-::':::1:> _ _ - :;ll:I ~.:::!~,.. jj~:a~ -;-I -:-a )I> III ~ Of! - .... .. is .... :IU S VI ~ ~ - .... ~ - t:l - In en ::c c:: "'lr- ,:oJ> "'l:E t""O O~ ~n l'"l'" illl'" Ro t"" - Z t:l en ~ ". ~ ~ ~ () -~ c,.. ~:; :~ ~. s:s ~.~ . . . '. ~ (J;t. ..... ~ --." ~ ;;;-.., I .... (,'. . <:: ~ -". . ~ .' \ .' ..~ . \, :.,,;.. -' ."-- .-, ....., , -< <c ~ SAlOIS SHUFF, FLOWER & LINDSAY A'T1'OIM!.YS-AT-LAW 26 W. Hlsh St,eet CarUsle. PA I~ ROGER E. ROWE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 2787 CIVIL TERM Plaintiff Y5. PENNY J. ROWE, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !i3301 (c) of the Divorce Code was filed on May 8, 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. ~~.1<~ Roger E. Rowe. Plaintiff Date: J~ ~..<6 I ;J 0 c.) 3 0 ; ;~ (" . ) , I ;:;{ , ". :~ -' .' ......) r::.: .. , .' , : ,:;i .' ! , .~ , SAlOIS SHUFF, FLOWER & LINDSAY A'ITOINEYS-AN.AW Z6 W. High Sueel Carlisle. PA ROGER E. ROWE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2001- 2787 CIVIL TERM Plaintiff vs. PENNY J. ROWE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(9 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 conceming 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, infonnation 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. ~/€.~ Roger E. Rowe, Plaintiff Date: Jt.L-~ d3 I ;;l c) 0 :3 SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS.AT-UW Z6 w. HI&h St.... Corllsl., PA ROGER E. ROWE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 2787 CIVIL TERM Plaintiff Y5. PENNY J. ROWE, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in DivorcE; under ~3301 (cj of the Divorce Code was filed on May 8, 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 unswom falsification to authorities. / t--.R . Rowe, Defendant Date. Ji'i1/03 I SAIDIS SHUFF, FLOWER & LINDSAY ATJ'ORNEY5eAT-lAW Z6 W. High Slreet Carlisle. PA ROGER E. ROWE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2001. 2787 CIVIL TERM Plaintiff VB. PENNY J. ROWE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 53301(9 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. .,~ . Rowe, Defendant Date: 1 hI /0:3 I I (") r;: .':':.:.. i.~.~ o;;,~ ; ,..... r~ -or. t_oJ ,-) "11 ..,.l , ,~ .r:". _~ SAlOIS SHUFF, FLOWER & LINDSAY A1TDRNEl'S.AT-UW Z6 W. High St.... Carlisle, PA ROGER E. ROWE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 2787 CIVIL TERM Plaintiff Y5. PENNY J. ROWE, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Defendant, Penny J. Rowe, and acknowledge that I am authorized do to so, in the above captioned matter. . I (lin, Esquire PROFESSIONAL CAMPUS 900 Route 8, Suite A-4 Turnersville, NJ 08012 SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEY5-A"'LAW 26 W. High Street Carll.le. PA ROGER E. ROWE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 2001- 2787 CIVIL TERM Plaintiff VS. PENNY J. ROWE, Defendant IN DIVORCE PROPERTY SETTLEMENT AND SEPARATION AGREEMENT THIS AGREEMENT made this (0 day of aU<-{, , ~?03, BETWEEN ROGER E. ROWE, of Lot 174, Big Spring Terrace, Newville, Cumberland County, Pennsylvania, hereinafter referred to as Husband, AND PENNY J. ROWE, of 36 Canis Court, Sewell, New Jersey, hereinafter referred to as Wife. RECITALS: R.1: The parties hereto are husband and wife, having been joined in marriage on October 18,1986 in Newburg; and R.2: A Complaint for Divorce has been filed in the Court of Common Pleas of Cumberland Commonwealth of Pennsylvania, on May 8, 2001, to Number 2001- 2787, Civil Term; and 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; and R.4: The parties also desire to settle their issues of counsel fees and costs and the settling of any and all claims and possible claims against the other or against their respective estates. SAlOIS SHUFF, FLOWER & LINDSAY ATfORNEYSeAT-LAW 26 w. High Slreet Carliale. PA 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 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. Upon the execution of this agreement, the parties shall execute and file an Affidavit of Consent and Waiver of Notice Forms, necessary to finalize said divorce. (3) DEBT: A. MARTIAL DEBT: Husband has filed a Bankruptcy, discharging his own obligation for all debts that is marital debt. Wife intends to file a Bankruptcy for the same purpose. Both parties affirm that since their separation in March, 2001, neither has incurred any debt for which the other may be liable, and each indemnifies and 2 SAlOIS SHUFF. FLOWER & LINDSAY ATI'ORNEYS-AT-LAW Z6 W. High 5'....' Carlisle. PA holds the other harmless against any debt incurred by the party for which the other might be liable. B: Post Separation Debt: In the event that either party contracted or incurred any debt since the date of separation, 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. (4) 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 thirty (30) days of the date of this Agreement, each party shall execute any documents, including Powers of Attorney, 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 party, and shall hold harmless and indemnify the other party from any loss thereon. Wife transfers to Husband all her right, title and interest in the parties' mobile home located at Lot 174 Big Spring Terrace, Newville, Pennsylvania. The mobile home is presently encumbered, and Wife will execute a Power of Attorney 3 SAlOIS SHUFF. FLOWER & LINDSAY A,1TORNEYS.A.T-LAW ~6 w. High SI..... Carll.le. PA permitting Husband to re-title the Mobile Home in his own name upon payment of the lien. The parties' obligations to execute agreements to transfer titles is an on-going obligation. (5) TANGIBLE PERSONAL PROPERTY: With the exception of those items listed on Exhibit "A" attached hereto which shall be Wife's separate property, the parties hereto mutually agree that they have effected a satisfactory division of the fumiture, 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. Within thirty (30) days of the date of this Agreement, Husband will transfer all the items listed on Exhibit "A" to the home of Wife's parents where Wife may pick them up. (6) 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 accounts, employment benefits including retirement accounts, savings plans, pension plans, stock plans, 401(k) plans and the like. Notwithstanding the 4 SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS.A.T-LAW 26 W. High Sir'" Carlisle. PA above, Husband will transfer to Wife one-half of the marital portion of his TIAA/CREF account by Qualified Domestic Relations Order which shall be prepared by Wife's attorney. The marital portion shall be defined as that portion acquired by Husband from October 18, 1986 through March 7, 2001, together with any earnings or loss on the marital portion from March 3, 2001 to the date of distribution of Wife's one-half interest in the marital portion of the TIAA/CREF account. (7) WAIVER OF ALIMONY: The parties acknowledge that each has income and assets satisfactory to his and her own reasonable needs. Each party waives any claim he or she may have one against the other for alimony, spousal support or alimony and alimony pendente lite. (8) 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 is represented by Andrew S. Zeldin, Esquire. 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. (9) ADDITIONAL INSTRUMENTS: Each of the parties shall from time to 5 SAlOIS SHUFF, FLOWER & LINDSAY ATrORNEYS-AT-lAW 26 W. High Slreel Carlisle, PA 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. (10) INCOME TAX: 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. (11) 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. (12) COMPLETE DISCLOSURE: The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and 6 SAlOIS SHUFF. FLOWER & LINDSAY A1TORNEYS.A.T.IAW 2.6 W. High Slree' Carlisle. PA 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 expenses and any further enumeration or statement thereof in this Agreement is specifically waived. (13) 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. (14) 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 lite, 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. (15) 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 7 SAIDIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT.lAW 26 W. HISh 51..., Carlisle. PA 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; 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; 8 SAlOIS SHUFF. FLOWER & LINDSAY ATIORNEYS-AT-IAW 26 W. High Sire., Carlisle, PA 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; I. All rights, claims, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (16) 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. (17) 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. (18) BREACH: In 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. 9 SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYSeAT-IAW Z6 W. High S".., Carlisle, PA (19) 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. (20) AGREEMENT BINDING ON PARTIES AND HEIRS: This Agreement shall bind the parties hereto, their respective heirs, executors and assigns. IN 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: I II 'I I j"WDI"n P'~N. 'I Jv/tl."~ 003 (JI/JA/ffuu 11..61 t<.t4 . C11111S1l1ll1. .... IIIIIIIJ .... '" II..... Itr OR'"'.... r.,ns 1lll3W2Olll 10 .~J~' ..~~ ,,""'1 w,~ 10 ~~~uq \",!01l I r.:. .Ji:",OIIJ":Q.3 ~~:,,";o' .~~ >I' SAlOIS SHUFF, FLO~ & LINDSAY AnoRNEt'S-ANAW Z6 W. High Slreel Corll,I.. PA EXHIBIT. A. 1. PICTURES AND KNICK/KNACKS FROM THE LIVING ROOM AND BATHROOM AT THE MARITAL HOME 2. Cow COLLECTION 3. ROTISSERIE 4. FOOD PROCESSOR 5. GRIDDLE 6. liGHT BLUE FLOWER DESIGN DISH SET 7. LAWN CHAIRS, COOLER, MOUNTAIN PIE MAKER 8. TEDDY BEARS 9. CAR STEREO SYSTEM 10. PAMPERED CHEF COOKWARE ('") C":) 0 C r .~ -.. ~ ,... "-.1 ~'i';- ('PI I: .') : ,- 2:.1" i"'" . j~:3 ~l:;" "'" ~i. ",'"."J :':1: ~C'. "';-- ') ~.~~, ,y .1 '!;. .--1 '~. ~-;i ." ~.i.1 .... U\ -< SAlOIS SHUFF, FLOWER & LINDSAY ATI'ORI'EYS-AT-LAW Z6 W. High S.reel Corll,... PA I! ROGER E. ROWE, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001- 2787 CIVIL TERM Plaintiff vs. PENNY J. ROWE, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORn 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) 3381 (d)(1 l of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Attorney's Acceptance of Service on July 6, 2001 3. (Complete either paragraph (al or (b)). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff July 11 2illl3; by the Defendant July?3 ?003. 4. Related claims pending: NnnE'! 5. 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 Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: July?3 ?003 Date Defendant's Waiver of the Prothonotary: ('") Q 0 C . . -,""I ;::: ~ '. i:W'; .;,;~j :..,-; n: <gJ Z::'. ;-.) "7"- ....t, en. -; ,") .-, -<~. :;I~?, r:;1::. :~.: )> ... . .! ~.~5 ' . ZC" ; :~rn ,:i><:'. '-. -', Z ," "]- ~ :JJ en -< IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ST.ATE OF PENNA. Roger E. Rowe, E!1aintiff No. 2001-2787 VERSUS Penny J. Rowe, Defendant DECREE IN DIVORCE AND NOW, ..A'r' "'.....w.. y'" ,2003 ,IT IS ORDERED AND DECREED THAT Roger E. Rowe , PLAINTIFF, AND Penny J. Rowe , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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. J. PROTHONOTARY ~...t: ~ ~ "1P ~~ ~~ ["'c? /-> ij ~ '?f"'~ rz -'tJ'.~~ ~~ .!?;1. >~ . - ~'. I .... , , , In The Court Of Common Pleas Of Cumberland County, Pennsylvania Plaintiff ROGER E. ROWE Docket No. 2001-2787 Civil Term In Divorce v. Defendant PENNY J. ROWE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this Court as follows: day of ,20 , it appears to the 1. The parties hereto were husband and wife, seek this Order in conjunction with a final decree of dissolution of marriage dated September 4, 2003 in that action pending in this Court at the above number. 2. Roger E. Rowe, Social Security Number 198-50-1974, hereinafter referred to as "Participant" is employed by Dickinson College, is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract CREF RA Certificate No: B854090-4 No: Q854090-1 Roger E. Rowe's current and last known mailing address is 174 Big Spring Terrace, Newville, Pennsylvania 17241 and date of birth is November 6, 1959, 3. The Alternate Payee is Penny J, Rowe whose current and last known address is 36 Canis Court, Sewell, New Jersey 08080. The Alternate Payee's Social Security Number is 161-60-1061 and date of birth is January 18, 1963, 4. To accommodate the marital/community property distribution between the parties, IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property. B, Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity calculations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: DRAFTED: 1/19/05 01-13-05-117-0117Q . For annuities issued after the marriage was established: accumulations attributable to premiums remitted from the inception of the contract through March 7,2001, the date the Marital/Community Property interest ceased TIAA Retirement Annuity (RA) Contract No: 8854090-4 50% CREF RA Certificate No: 0854090-1 50% The values actually transferred will reflect interim investment experience until the transfer is recorded by TIAA-CREF. The TIAA Traditional accumulation will increase over time, whereas the TIAA Real Estate and CREF may increase or decrease, reflecting the performance of the underlying investments C. Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All owership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designations of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF, The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address, iv. The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro-rata. The Alternate Payee may change the investment allocation once his or her annuities are issued in accordance with the contributing employer's plan, D. Termination/Reaffirmation of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded throug~ TIAA-CREF on the life of the Participant. Termination - as of the date of TIAA-CREF's receipt of the ODRO, all TIAA-CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation. DRAFTED: 1/19/05 01-13-05-117-0117Q ~ " . . E. TIAA Traditional Retirement Annuities (RAs) do not allow single- sum withdrawals or transfers to alternate carriers. For other TIAA- CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan, F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same. S, This Order: A, does not require any plan to provide any type or form of benefit, or any options not otherwise provided under the Plan; and B. does not require TIAA-CREF to provide increased benefits; and C. does not require the payment of any benefits to an alternate payee which are required to be paid to another alternate payee under another order that was previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of the order will remain fully enforceable, 6, This Court reserves jurisdiction to issue further orders as needed to execute this Order. BY THE COURT: Honorable-------------- DRAFTED: 1/19/05 01-13-05-117-0117Q ,. , '" . I1AR , 5 ZOOSr ~ . . In The Court Of Common Pleas Of Cumberland County, Pennsylvania Plaintiff ROGER E. ROWE Docket No. 2001-2787 Civil Term In Divorce v. Defendant PENNY J. ROWE QUALIFIED DOMESTIC RELATIONS ORDER AND NOW, this /1-" day of ,.,.....,..t.. Court as follows: 1. The parties hereto were husband and wife, seek this Order in conjunction with a final decree of dissolution of marriage dated September 4, 2003 in that action pending in this Court at the above number. , 20 C>~ ,it appears to the 2, Roger E. Rowe, Social Security Number 198-50-1974, hereinafter referred to as "Participant" is employed by Dickinson College, is a participant in the Teachers Insurance and Annuity Association - College Retirement Equities Fund, hereinafter "TIAA-CREF" and has the following annuities: TIAA Retirement Annuity (RA) Contract CREF RA Certificate No: B854090-4 No: Q854090-1 Roger E. Rowe's current and last known mailing address is 174 Big Spring Terrace, Newville, Pennsylvania 17241 and date of birth is November 6, 1959, 3, The Alternate Payee is Penny J, Rowe whose current and last known address is 36 Canis Court, Sewell, New Jersey 08080. The Alternate Payee's Social Security Number is 161-60-1061 and date of birth is January 18, 1963. 4. To accommodate the marital/community property distribution between the parties, IT IS ORDERED, ADJUDICATED AND DECREED AS FOLLOWS: A. That the TIAA-CREF annuities previously referenced are marital property, B, Upon finalization of this Order and pursuant to the terms of said annuities, the current values as of the valuation date of the Participant's TIAA-CREF annuity calculations for the Marital Portion defined below shall be awarded as the Alternate Payee's sole and exclusive property to be applied to TIAA-CREF annuities subject to the terms and limitations of said annuities: DRAFTED: 1/19/05 01-13-05-117-0117Q #..\ . . t; ..~. ;' "' ~ ~ ' ..,' ----,...- ~ - For annuities issued after the marriage was established: accumulations attributable to premiums remitted from the inception of the contract through March 7, 2001, the date the Marital/Community Property interest ceased TIAA Retirement Annuity (RA) Contract No: 8854090-4 50% CREF RA Certificate No: 0854090-1 50% The values actually transferred will reflect interim investment experience until the transfer is recorded by TIAA-CREF, The TIAA Traditional accumulation will increase over time, whereas the TIAA Real Estate and CREF may increase or decrease, reflecting the performance of the underlying investments C, Conditions of division of annuity contracts: i. All ownership and interest in the balance of the accumulations not transferred in all annuities issued to the Participant by TIAA-CREF will belong to the Participant. ii. All owership rights in the newly issued annuities will belong to the Alternate Payee. iii. The beneficiary designations of the Alternate Payee's annuities will be his or her estate, unless a beneficiary designation is submitted pursuant to the provisions of the contracts, and accepted by TIAA-CREF. The Alternate Payee must review the contracts at issuance for accuracy and inform TIAA-CREF of any change of address. iv, The Alternate Payee's annuities will be issued with the same investment allocation as the Participant's applied pro-rata. The Alternate Payee may change the investment allocation once his or her annuities are issued in accordance with the contributing employer's plan, D, Termination/Reaffirmation of Alternate Payee's status as beneficiary of record for all annuity contracts or individual life insurance funded through TIAA-CREF on the life of the Participant. Termination - as of the date of TIAA-CREF's receipt of the ODRO, all TIAA-CREF benefits otherwise payable to the Alternate Payee as beneficiary are payable to the estate of the Participant. The Participant retains the right to change the designation. DRAFTED: 1/19/05 01-13-05-117-0117Q I . . . E. TIAA Traditional Retirement Annuities (RAs) do not allow single- sum withdrawals or transfers to alternate carriers, For other TIAA- CREF annuities, the Alternate Payee's right to receive single-sum withdrawals and/or transfer all or a part of the accumulation to an alternate carrier may be limited in accordance with the contributing employer's plan, F. The parties are directed to submit to TIAA-CREF all documents and releases (if required by TIAA-CREF) to finalize this Order within 30 days of the request for same, 5, This Order: A. does not require any plan to provide any type or form of benefit, or any options not otherwise provided under the Plan; and B. does not require TIAA-CREF to provide increased benefits; and C, does not require the payment of any benefits to an alternate payee which are required to be paid to another alternate payee under another order that was previously determined to be a Qualified Domestic Relations Order. D. If any portion of this order is rendered invalid, the balance of the order will remain fully enforceable. 6, This Court reserves jurisdiction to issue further orders as needed to execute this Order. BYTHE C::L ------------------ r ble r(6v,,,,,,, IIbfJ ~ _00 -\~ O'? DRAFTED: 1/19/05 01-13-05-117-0117Q