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HomeMy WebLinkAbout95-05084 ,~ , r; .',.~ .~ .,::,:1 ,.yf ; -:"' ,.. ~t. ~ I . 1 ~ I i I J 1 . ..~... \~ j i ] ~J:.l i , ~j 4 .:"f 'I .,<, .'!~ .'~ .~ { ~ ~ J "':t' 00 ~ . OFFICE OF THE COURT ADMINISTRATOR CUMBERlAND COUNlY COURT OF COMMON PlEAS 1 Counhou.. Square. CartlIIe, PA 17013 11Iom.. E. CMlllne, Eeq, Phone RIch8rd J, PIerce Court Administrator (117) 240-6200 As.latent Court Admlnlstralor (117) 697-0371 (117) 532-7286 (117) 240-6462 FAX November 26, 1996 Richard A. Wells 555 Pearl Street Reading, PA 19603 RE: WELLS V, WELLS 95-5084 CIVIL TERM Dear Mr, We/Is: Enclosed is a copy of Judge Bayley's clarification order of June 5, 1996, and the supporting memorandum opinion. The opinion sets forth the basis for ordering the payment of the alimony arrearages, It would appear that you should forward these documents to the court in South Carolina so that they will reduce your garnishment appropriately when the extra money has been fully paid. Very truly yours, ~~~ Thomas E. Chaffin , Esquire Court Administrator TEC:saa 11I1IllHlIIHhl "'1I1);,l'l\ ,'II'" 1l"':1 i 11',I!t'd "'\l'dlll'...d,I", \'ll\l'llltWI /11 I\M/lljll~ .\\1 1',I~:l' 1 1111 Novl'mb~r 20, 1'l'I(, 11Id~~ B.lyl~y. I ,1m \Vritill~ thi" Il'lkr t" .1-1- fl'r y"ur .b"i"I,1111:l' 111 cI,lrili(.11ioll 01 your l.l"t cOllrt ordl'r (Oll(l'rnlllg ,11i111l11lY p.lymellb. 1";,.!)IlS-l civil krm). Y"lIr I.l"t ord~r ",lid th~ \Vord "1111.11'" did Ilot I11l',1I1 10 "top ,lhI11l1IlY. TIll' pn'ble'm .ui"~, from \Vh,11 h.l" O(ClIITl.d "illce. The F'lmily cOllrt of the COllllty "f L~xi"gl"" ill thl' "1,lk o( Sllllth C,lrolill.l .lckd "" y"ur "rder .llld bl'g,lll g,lrni"hillg exlr.l mOIl"y from my p.lycheck Howl'vl'r, "" ~lIid~lill"" for "loppillg p.lymelll wherl' t,l"l'll illlo cOIl",der.ltioll. Th.lt extr.l g,lrl1l"hm~llt \ViII cOlllllllll' 1IIlle'"" l'lImb~r1.1Ild COllllty cOllrl d(,~" ""ml'llllll~ to cnrr~ct it. Thl' .llil11oll 111 lIl'-li,," \\'ill b~ (lIlfill~d .111 I.lllll'lry 4, I 'l~. 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If Ihl'rl' I' difficulll' mlh till' Ir.lll-mi"HlIl. I'I\'~-\' (0111: .1ih.;;'IO Nllle: Pll''''''l' ~i\.l' thi... tn JUd~l' I cI~,lr H. n,l\ Il'\ LAW OFFICES FLOWER, MORGENTHAL, FLOWER & LINDSAY A ranFE.\.'''oNAI. ,"O.pelKA TlnN II EAST HIGH STREET CARLISLE, PENNSYLVANIA 17013-3016 JAMBS D. FLOWI!R ROGER M. MOROBilmIAL JAMBS D. FLOWI!R, JR. CAROL J. L1NDSA V (717) 2n-SSIJ FAX: (717) 24J-l>S1IJ UllirSCII '" MllRGl!NI1lAL (19750198.'> "1.0WER, KRAMER MllROEN"nIAL'" nOWER (1985-19'12) November 22. 1996 The Honorable Edgar B, Bayley CUMBERLAND COUNTY COURT HOUSE One Courthouse Square Carlisle. PA 17013 RE: Wells v, Wells NO. 95-5084 Civil; In Divorce Dear Judge Bayley: I passed Rick Wells' letter of Novernber 20. 1996 and your note along to Linda Wells for a response. We are no longer representing Linda. but if she contacts me and seeks representation. I will do my best to resolve the issue short of a hearing, Very truly yours. FLOWER. MORGENTHAL, FLOWER & LINDSAY. P.C. CJL \lib cc: Linde H. Wells FIo ,.., '.K.o, UNDA H. WELLS, PLAINTIFF/PETITIONER V, RICHARD A, WELLS, DEFENDAN~RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY, PENNSYLVANIA 95-5084 CIVIL TERM AND NOW, this ::)'f..,. day of June, 1996, the order of January 31, 1996 is clarified to the extent that the word 'final' used in that order relates to the settlement of a claim by Unda H, Wells for arrearages in alimony, and that it did not terminate the order of alimony due Unda H, Wells, Carol J. Undsay, Esquire For Petitioner Unda H. Wells . ~~~ Austin F. Grogan, Esquire "/'/'1/' For Respondent Richard A. Wells ~ :saa By the Court, I " / ./ ~ ,,// ( LINDA H, WELLS, PLAINTIFF/PETITIONER V. RICHARD A. WELLS, DEFENDAN~RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y, PENNSYLVANIA 95-5084 CIVIL TERM MEMORANDUM OPINION AND OBDER OF COURT BAYLEY, J., June 5,1996:- On November 30, 1995, Linda H, Wells filed a petition to enforce a foreign divorce decree and to hold her husband, Richard A. Wells, in contempt. The petition included the following averments: Since at least January 14, 1994, husband has been obligated to pay and has been paying wife $1,200.00 per month in child support, and $750,00 per month in spousal support or alimony for a total of $1,950.00 per month, Said payments, until recently, were not made through the Office of Domestic Relations, and were paid to wife in the amount of $970.00 twice a month. However, Respondent's payments were frequently late, and in June, 1995, husband unilaterally stopped paying alimony. Thereafter, through August, 1995, Respondent did not make alimony payments. Petitioner was able to obtain an attachment of Respondent's wages through the North Carolina Courts. The first payment through said wage attachment was in the amount of $900.00 on September 19, 1995. Although husband is presently paying the Court Ordered alimony and child support, wife suffered a loss in the summer of 1995 of $2,925.00. In her prayer for relief, petitioner sought a "Rule upon Respondent to show cause why he should not be compelled to pay to Petitioner $2,925.00 in past-due alimony payments, " Richard A. Wells filed an answer to the pelition which contained in New Matter: The Plaintiff/Petitioner, Linda H. Wells has cohabitated with an adult member of the opposite sex throughout her residency in the 95-5084 CIVIL TERM Commonwealth of Pennsylvania. Pursuant to Paragraph 20 of the parties Separation and Divorce Agreement the wife is entitled to alimony so long as the wife does not remarry or cohabitate with an adult member of the opposite sex, The wife has cohabited with an adult member of the opposite sex as such forfeits her right to alimony. In his prayer for relief, respondent asked the court to "terminate Alimony to the Petitioner/Plaintiff. . At a hearing on January 30, 1996, the attomeys represented to the court that: (1) alimony had not been paid for a period of time; (2) the balance due was $1,575; and (3) respondent "can pay on or before April 30, 1996, when he gets a bonus,' While other issues raised in the petition and answer were litigated, respondent did not pursue his claim to terminate alimony, Based upon the settlement of the alimony arrearage Issue, an order was entered on January 31, 1996, stating: [ilt is ordered that Richard A. Wells make a final alimony payment to Linda H. Wells in the amount of $1,575 not later than May 1, 1996. On May 29, 1996, Unda H. Wells filed a petition for emergency relief seeking clarification of this court's order of January 31, 1996, She avers that based upon the word "final' in the order of January 31, 1996, a wage attachment for the alimony due under the parties' foreign divorce decree registered in Cumberland County has been lifted. Obviously, the word "final" in the order of January 31, 1996 related to the settlement for $1,575 of the $2,925 in arrearages claimed in the petition Linda H. Wells filed on November 30, 1995. This court did not litigate any issue as to alimony nor did we enter an order terminating the alimony. The wage attachment for the -2- d:\pcliIIDn.dcr file # 4615-9~1 , LINDA H. WELLS, PlaIntIff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA va. NO. 95. CIVIL TERM RICHARD A, WELLS, DefendantjRespondent IN DIVORCE AND FOR COIllEMP.I NOW comes Unda H. Wells, by and through her counsel, FLOWER, MORGENTHAL, FLOWER & LINDSAY, P,C., and petitions this Honorable Court as follows: 1. Petitioner is Unda H, Wells who resides at 832 Hummel Avenue, Lemoyne, Pennsylvania 17043. 2. Respondent is Richard A. Wells who resides at 555 Pearl Street, Reading, Berks County, Pennsylvania, 3. The parties were divorced by a Final Decree of Divorce entered by the Family Court for the 11th Judicial District, State of South Carolina, County of Lexington, to Docket No. 94-DR-32- 0513 on November 22, 1994, 4. The Rnal Decree in Divorce incorporated a Property Settlement and Separation Agreement which was accepted and incorporated into a Court Order on January 14, 1994, A copy of all the referenced documents are attached hereto as Exhibit "A", d;\pc"tion,dcr file' 4615.95'{)1 ~ 5, Paragraph 10 of the Final Decree of Divorce modified the Property Settlement and Separation Agreement in several particulars including an Order that alimony run for 42 consecutive months from December 1, 1994, Alimony was set in the amount of $750.00 per month in Paragraph 20 of the Property Settlement and Separation Agreement. Additionally, Paragraph 10 (c) of the Final Decree of Divorce referencing Paragraph 30 of the Property Settlement and Separation Agreement, calls for husband to provide to wife a home personal computer of the wife's choice at a cost not to exceed $1,500.00 if wife does not receive net equity of $13,000,00 from the sale of a former marital residence, 6, Wife did not receive net equity of $13,000,00 from the sale of a former marital residence, and husband has not provided the computer anticipated by the Court Order. 7, Since at least January 14, 1994, husband has been obligated to pay and has been paying wife $1,200.00 per month in child support, and $750,00 per month in spousal support or alimony for a total of $1,950.00 per month. Said payments, until recently, were not made through the office of Domestic Relations, and were paid to wife in the amount of $970,00 twice a month, However, Respondent's payments were frequently late, and in June, 1995, husband unilaterally stopped paying alimony, Thereafter, through August, 1995, Respondent did not make alimony payments. 8. Petitioner was able to obtain an attachment of Respondent's wages through the North Carolina Courts. The first payment through said wage attachment was in the amount of 2 d:\pclillon.dcr file' 461S-95-ll1 , $900,00 on September 19, 1995, Although husband is presently paying the Court Ordered alimony and child support, wife suffered a loss in the summer of 1995 of $2,925,00, 9, At all relevant times, husband has been employed as a salesman of medical supplies with Ethicon Endo-Surgery with a high income and the ability to pay his alimony and to purchase the computer required by the Final Divorce Decree. 10, As a result of Respondent's failure to make his alimony payments, Petitioner was compelled to seek assistance through the Welfare Department and was given food stamps to sustain herself and her children, and to accept the charity of friends and family to keep the family provisioned, WHEREFORE, Petitioner prays this Honorable Court to issue a Rule upon Respondent to show cause why he should not be compelled to pay to Petitioner $2,925.00 in past-due alimony payments, to pay to her $1,500,00 for the purchase of a computer, and pursuant to the equitable powers of the Court, to pay counsel fees for the Petitioner necessary in enforcing the North Carolina Decree, FLOWER, MORGENTHAL FLOWER" LINDSAY, P.C. Attorneys for Petitioner By: Carol J, Undsay, Esquire 10 # 44693 11 East High Street Carlisle, PA 17013 (717) 243-5513 l d:\petillon.dcr file # <4615-9S.0t ~ ~ I, the undersigned. hereby verify that the statements made her91n are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa. C.8, S 4904, relating to unswom falsification to authorities. C.- / , - l -/1 " "( - -! r~;(wJ. y lv .J~ - Date: 11 /)6l.~< I . , . . . , EXHIBIT "A" STATE OF SOUTH CAROLINA '. .~ . IN THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT . I DOCKET NO: 94-DR-32-0S 13 o. ) ) ) . ) ) . " ) ) ) ) ) ) \ ) ) ) -... m ... Co. 11 - 0: \11 11 ~, ? :J . u. .... . COUNTY OF LEXINGTON I:: Richard A, Wells, : ~ , ". -'I .. , . . . Plaintiff, '. FINAL DECREE OF DIVORCE -vs- Linda H, Wells, Defendant. Dale of hearing: November 22, 1994 Presiding Judge: Frank W. Rogers Attorney for Plaintiff: Leigh Ballenger Sellers Attorney for Defendant: Lisa Brink Court Reporter: . . ., .../ . , . TIlE ACTION This action was commenced by the filing of a Summons and Complaint requesting a final Decree of Divorce and other relief, The Defendant filed an Answer and Counterclaim. Prior to receiving any testimony in this case, counsel for both parties informed the Court that the parties had resolved all issues and would like to state their agreement for the record. Plaintiff appeared represented by his attorney, Leigh Ballenger Sellers, Defendant did not appear but was represented by her attorney, liS<' Brink who was given authorization to enter into the agreement on her behalf. FINDINGS OF FACf AND CONCLUSIONS OF LAW Based upon the filed pleadings, sworn testimony presented, and the representation of counsel all of which were heard and carefully considered by me, I make the following findings of fact and conclusions of law, 1. Plaintiff is a resident of Reading, Pennsylvania, who lut resided with the Defendant as husband and wife in Lexington County South Carolina, Therefore, venue is proper in Lexington County, 2. The Defendant lives in Pennsylvania at this time, but at the time 'bf the' commencement of this action had lived in South, Carolina more than one year and continued to live here after commencement of this action for almost six months. Therefore, the residency requirements of S,C, Code Ann i 20-3-30 (SupP, 1990) are fully satisfied. , 3, As the parties are now se~ted and Plaintiff seeks a Decree of Divorce this actions concerns the alteration of their marital status and hence constitutes marital litigation. 4. Accordingly, this Court has jurisdiction over the parties and the subject matter of this action. Rule 16, S.C.R,F.C.; hoel v. Ariel 295 S.C. 46, 369 S.E,2d 146 (Ct, App. 1988); Brown v. Brown 295 S.C. 354, 368 S.E.2d 475 (Cl. App. 1988), Divorce 5. The parties were lawfully married to each other on March 3, 1984, and of this marriage three (3) children have been born, to wit: Cameron Wells, DOB 10/8/84, Phillip Wells, DOB 211/86, and preston Wells, DOB 2/4/89. 6, That the parties separated on January 31, 1992, and have lived separate and apart without cohabitation since that time. 7. That as a result of the foregoing, Plaintiff is entitled to a decree of divorce a vinculo malrimon/i on the statutory ground of one year's continuous separation pursuant to S.C, Code Ann, i 20-3-10(5), A,reement 8. That the parties above were involved in prior domestic llligalion before this Court which resulted in an Order to live separate and apart. Wells v, Wells, Docket No. 93-DR- 32-0420 (Attached), 9, That this Order was executed by the Honorable Frank W, Rogers, Jr., on January 14, 1993, and approved an Agreement entered into by the parties which resolved the issues contained therein. 10. That the parties have agreed 10 modify the Property Selllelllenl and Sep~ration Agreement which was incorporated into tile Order of this Court January 13, ~993 as follows: " a. Paragraph 20 of the agreemcnt provides for rehabllllatlve alimony for a period of 48 months after divorce. The parties agree that alimony shall run only for 42 consecutive months from December I, 1994. b. Paragraph 21 of the agreement provides that Husband will pay for Wife's college tuition and expenses to oblain a two year degree, The parties agree that Ihls provision will only be enforceable if Wife is enrolled in Ihe two year program within five (5) years from the date of this hearing. c, Paragraph 30 of the agreemcnt provides that Husband will purchase a home computer of the Wife's choice at a cost not to exceed one thousand five hundred and nollOO ($1,500.00) Dollars if Wife did not receive the net eqully of $13,000,00 from the sale of the marital residence. The parties agree that at this time, the Husband wlll provide Wife with his home comp..ter purchased in November 1993 a Performa 430, 486 with 4MB of RAM, and 80MB of memory in lieu of purchasing a new one at this time as he does not have funds at this time to purchase the computer. Husband will purchase the computer of Wife's choosing as provided for in Paragraph 30 of the original agreement, when financially able. II. Child support and alimony are currently paid directly to the Wife, In the event that Husband is five (5) days late under the schedule enumerated under the prior order, Wife shall file an affidavit wilh the Court stating such, and the Court Immediately will issue its order providing for payments to be made though wage withholding from Husband's employer through the family court, along wilh the 3,. service charge, 12, I find that the modIncatlons are within tile bounds of raIOf\ and fairness and approve the agreement reached between the parties, UJ.SMlI.um .' . I' II .. I, . FIt en OrH~\n?l STATE OF SOUTH CAROUNAJ IJ J' ,JrinJHE FAMILY COURT FOR nIB IN i 02 IlreL~BNTH JUDICIAL CIRCUIT COUNTY OF LEXINGTON ) THOJ!." ); .'.f~ET NO: 93.DR-32-0420 Linda H. Weill, l .) ,.;,1 M ) Plaintiff, ) ) ORDER OF SEPARATE VI. ) SUPPORT AND MAINTENANCE ) Richard A, Weill, ) ) Defendlnt, ) ) Date of Hearlns: Presldlns Judse: Allorney for Plllntlff: Attorney for Defendant: Coon Reporter: November 16, 1993 Frank W, Rogen, Jr, W. Lisa Brink LeISh Ballenger Sellen Julie A. Corbett THE ACTION 'ibis matter comes before me on merits bearing on Plainliers complaint. This action wu commenced In February 1993. upon the flllng of the Summons and Complaint by the Plaintiff, seekins an order of Separate suppon and Maintenance. Prior to taking any testimony, coonsellnfonnccl the Coon that the panics hid reached an agreement which was evidenced by an unexecutccl settlement asreement. The sworn Financial Affidavits of both panics were in the file and before the Coun, Plaintiff wu present and represented by counsel. Defendant was unable to mvel from PeMlylvanla for the hearlna as scheduled, but was represented by counsel and authorized said counsel, by lener, to enter Into the aareement on his behalf, Defendant's counsel also infonnccl the Coun that Defendant wu available by telephone should any questions arise, Both counsel . . , for Plaintiff and Defendant attested to the (act that the settlement bad been negotiated over many months and both paries bad been involved at each stage of the negotiations and authored much of the agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW 8ased upon the filed pleading, the parties' sworn Financial Declarations, the representations of the respective counsel, and testimony of the witnesses, all which were beard and carefully considered by me, I make the following fmdings of salient facts, along with the appropriate conclusions of law, A. h!dEiction and Venue !''h:1' 1. Plaintiff is a citizen and resident of the County of Lexington, State of lJ v, South Carolina, and bas been so for a period of more than twelve (12) months prior to the commencement of this action, Defendant is now residing in the State of Pennsylvania. The parties last lived together as husband and wife in Lexington County, South Carolina, The residency requirement of S.C, Code AM. 120-3-30 (Sup. 1990). bas been fully satisfied. 2. The partieS were lawfully married to each other on March 3. 1984, and of this marriage three (3) children have been born, to wit: Cameron Wells. 008: 10-8-84, Phillip Wells. 008: 2-1-86. and Preston Wells. D08: 24-89. 3. Plaintiff asks for an Order of Separate Support and Maintenance, Thus. this maner affects the marital status of the parties and is properly before the Family Court. S,C. Code Ann. 120-3-130. 2 .' :;r 4. Accordingly. this Court has jurisdiction over the parties and has subject matter of this actioD, Rule 16, SCRFC; Ar:ia1.L...ArlI. 295 S,C. 46. 369 S,E,2d 146 (CI. App. 1988); and Drown v. Brown. 295 S,C, 354. 368 S,E,2d 475 (CI. App, 1988). 5. Since the parties last resided together as husband and wife in Lexington. , South Carolina. the proper venue for the hearing of this matter is in the Family Court. presiding in Lexington County. S.C, Code Ann, f20-3-60(c) (Sup, 1990). 8, A\!reement Between the Parties 6, I fmd that the parties are aware of the financial condition of each other; that both parties have had the benefit of counsel and are satisfied with such representation; that both parties believe the agreement to be fair and equitable under the circumstances; and that both parties wish the Court to approve the agreement and make it an order of the Court. . 7. I find that Defendant participated fully in the negotiation of the agreement and reviewed the same with his attorney prior to deciding to enter into the agreemenl. 8. I fmd that Defendant desired to be bound by the terms of the unexecuted agreement and authorized his attorney to inform the Court as to his wishes. 9. I find that each party understands the agreement as exhibited in the attached document; both parties entered into the agreement voluntarily and without force. coercion, or duress; and that neither party was under the influence of drugs or alcohol at the time of consenting to the agreemenl. 10, I find that based on the Financial Declarations and the pleadings that the un-executed agreement reached by the parties and attached and incorporated by reference herein is fair and equitable under the circumstances and is in the best interest of the parties. 3 . " , .. . 11. Therefore, the agreement between the parties as evidenced by the attached unexecuted copy is hereby approved and incorporated into the Order of the Court. 12. I find that the Defendant was ordered to deposit a retainer of $1,500,00 with the Guardian IlIliWD to cover fees and costs of the Guardian's investigation, The . Guardian made a detennination that the work to be perfonned would not require such a sum and billed defendant for the time spent. Defendant has paid $202,25 towards the fee of $307.78 13, I ftnd that Defendant shall tender to the Guardian lH! l.ilmJ Paula McDonald $105.53 within 30 days from the date of this order, DISPOSITION jJ:4- Based upon the findings of salient facts and conclusions of law, as were made and set forth hereinabove, it is hereby ordered: I. That the attached Settlement and Property Agreement is hereby accepted and incorporated into the Order of this Court. 2, That the parties are ordered to live separate and apart. . IT IS SO ORDERED. ra , r. Judge of Family Co Lexington County nn.J .... J!f&. ... of y-"~ . ,..,.. 'Ubl.welll.order C) 4 " ORIGIlJAl " ~ STATB or SOUTH CAROLINA ) ) COUNTY or L8XINGTON ) Linda B. Wells, plaintiff, ~ o f;I""f. i'" .' ~roJ' ";'''. , T ..' IN THB FAMILY COURT " .' ....,0 . .;.,.. ;",'So( "0 . ':r~~ ,,~~ II' ) ) ) ) ) ) ) ) PROPERTY SETTLEMENT AND SEPARATION AGREEMENT 93-DR-32-420 vs. Richard A. Wells, Defendant. WHBREAS, this Agreement is made and entered into by and Linda B. Wells, hereinafter referred to as "wife" and Richard A. Wells, hereinafter referred to as "Husband"; and WHEREAS, the parties above-named are now or formerly residents of Lexington County, South Carolina; and WHEREAS, the parties acknowledge there is an action presentlY pending between the parties in the Family Court of the Eleventh Judicial Circuit 1 and WHEREAS, the parties were lawfully married on March 3, WHEREAS, three (3) children were born as a result of this marriage, namely, Cameron, Wells, DOBl 10-8-84, Phillip Wells, DOBl 2-1-86 and Preston Wells, DOBl 2-4-89; and WHEREAS, the parties have experienced certain domestic difficulties, in consequence of which tha parties desire and are in the process of living separate and apart; and have lived separate and apart with no cohabitation since the 31st day of January, 1993, and 19841 and , WHsREAS, each of the parties in anticipation of their . reconciliation or divorce, now desire to fix and deteI1lline the custody, child support, equitable distribution and'ali~ny; and .-<\ ~ ~ c.P 'P ~ .. "$- parties become legally separated or the marriage should be dissolved, and WHEREAS, both parties have chosen their own legal counsel . concerning the matter of this Agreement without suggestion on the part of ~ither party as to which counsel to retain, and WHEREAS, the terms and provisions of this Agreement as set forth below have been negotiated by the patties and each represents to the other that they understand the Agreement and know the ramification of their actions and that each considers the provision of the Agreement to be fair, reasonable and equitable, and the parties have represented to each other that they desire to be bound by the provisions of this Agreement and in binding themselves, they bind also their respective estates, their heirs and assigns to the enforcement of these provisions, and WHEREAS, the parties further represent that they have made a full and adequate disclosure to each other of their respective property interests and financial considerations and that this Agreement is being entered into by the parties with full knowledge on the part of each as to the extent and probable value of the estate of the other, and the parties further represent that they have not willfully withheld or concealed any aesets, source of income, or liabilities not represented in their rsspective financial declarations attached to this Agreement. NOW, THEREFORE, in consideration of the mutual promlses and conditions herein contained, and in considerabion of the sum of , Ten and 0/100 ($10.00) Dollars each to the other in hand paid, the receipt and sufficiently of which is hereby acknowledged, and for visitation with the parties' minor children. 6. The Husband shall have reasonable visitation privileges with the minor children, upon giving the Wife ten (10) . days advance notice of his intention to exercise such rights. In the event that the parties are unable to agree on reasonable visitation, either party shall be at liberty to apply to any Court of competent jurisdiction for a definition of reasonable visitation. 7. Should the parties come to an impasse and be unable to agree as to visitation times, the Husband shall have the following rights with the minor children, subject to the conditions set out in Paragraph 5 above: Thanksgiving: In the odd years, the Wife shall have the minor children for Thanksgiving Day and in the even years, the Husband shall have the minor children for Thanksgiving Day. Christmas: Christmas holidays shall be split equally, with the Wife having the children from their last day of school until December 25th at 6:00 p.m. in odds years and the Husband shall have the children in the even years from their last day of school until December 25th at 6:00 p.m. The Husband shall have the children from December 25th at 6:00 p.m., .until 6:00 p.m. on the day before the children commence school in odd years and the Wife shall have the children in the even years from December 25th at 6:00 p.m. until 6:00 p.m. on the day before the children commence school. , ' Summer visitation: Husband shall hlve the children for three (3) weeks during the summer, provided, however that out '. of the three weekll, only two weekll shall be consecutive. The Husband shall provide the Wife with at least lIixty (60 I day. written notice of what two weeks he wishes to exercise his . visitation with the children during the summer. Special Daysl The Husband shall have Father's Day with the children and the Wife shall have Mother's Day with the children. 8. Husband shall be notified of and allowed to attend school functions, athletic events or church specials involving the children, subject to the conditions set out in Paragraph 5 above. 9. Coordination of Visitationl Holiday, special events, and summertime scheduling provided hereinabove shall temporarily interrupt and supersede the normal visitation provided herein provided, further, at the conclusion of such holiday, special event, or summertime visitation, the normal visitation, shall be continued as if such norlll8l scheduling had not been interrupted. No make-up ~ays shall be required, unless agreed to by the Husband and Wife. 10. TransDortati2nl It shall be the responsibility of the parent who ill to receive visitation to pick up and return the children from and to the other parent' II home, e~cept a8 other specifically provided hereinabove. 11. ~hone Accesal The Husband and Wife shall each have reasonable telephone access to the children while they are in the physical control of the other parent. SpeHfically, the Husband shall be entitled to telephone the children two time. a week at 6130 p.m. and the Wife shall be entitled to telephone the children two times a week at 6a30 p.m. when they are in ths physical possession of the Husband. The children shall also have reasonable telephone access to both parents at all reasonable . times. Neither parent shall abuse this privilege or allow the children to abuse this telephone privilege. 12. Other visitation a The visitation set forth hereinabove shall not preclude other and further visitation, or an alteration of modification thereof, so long as the parties mutually agree thereto. 13. The rights of visitation expressed in this section shall not be exercised by Husband at any time or in such a manner as to interfere with the education and normal social and school activities of the children. Neither Husband or Wife will expose of the children to an overnight companion of the opposite sex not related by blood or marriage. 14. '.l'h" parties may treely agree to any different arrangements for exercise'of the visitation rights of Husband, from time to time, as future circumstances and the welfare of the children may require, but no such substitute or additional privilege shall be deemed to amend this Agreement unless expressed in writing, duly signed by the parties. CHILD SUPPORT PINDINa DIVORCI 15. The Busband shall pay to the Wife the sum of One Thousand Two Uundred and nol 100 ($1,200.001 on the first of the month after signing this said agreement and continuiflg on the first of each month thereafter as and for child support for the care, maintenance and .upport for the partie.' three PI..pinor children. Upon the occurrence of one or more of the following contingencies, the obligation of Husband to pay child support shall be subject to review I . Upon the death ot a child, Upon the marriage of a child, the then existing monthly support payments shall be reduced by that child's proportionate share. Upon the event a child enters the military service, ths then existing monthly support payments shall be reduced by that child's proportionate share. Upon a child becoming self-supporting or otherwise being emancipated under the law of the Stale uf South Carolina. Upon a child obtaining the age of eighteen ( 18) years, or graduating from high school, whichever occurs later, provided, further, in the event said child is then enrolled in high school and actively pursuing a high school degree, said child support shall continue to be paid by Husband to Wife until said child receives a high school degree. Upon Wife ceasing to have full legal custody of one of the minor children, the then existing monthly support payments shall be reduced by that child's proportionate share. , . 16. Child support payments by the Husband may be increased annually if and as mutually agreed by the parties in writing. The parties further agree to recalculate the Husband's child support obligation annually, with the Husban4'. child support obligation based upon the South Carolina Child Support Guidelin.s. ALlMORI AID CilLO SUPPORT 'IDI. DIVo.p 17. until such time as a Decree of Divorce has been issued between the parties, the Husband agrees to pay to the wife a set monthly amount of alimony and child support in the total . amount of One Thousand Nine Hundred and Fifty ($1,950.00) Dollar. on the first day of each month. This amount is determined based on the Busband's income of approximately $60,000.00 and the wife's income to be determined once she has obtained employment. lB. The Husband shall pay this set monthly sum of One Thousand Nine Hundred and Fifty ($1,950.00) Dollars per month, through automatic deposit, so long as the parties remain married during the year 1993. CHILD SUPPORT AlTBR DIVORCB 19. Upon .an issuance of a Decree of Divorce by a Court of competent jurisdiction and commencing on the first of that month immediately following the Court's date of issuance of said Decree, and continuing on the same date of each consecutive month thereafter, Busband shall pay directly to the wife the child support for the maintenance, support and education of their minor children, with the said amount of child support to be calculated by a Court of competent jurisdiction, based on the Child support Guidelines in use in this jurisdiction. p.JIlABILITJl.TIvr: ALIMONt U'TBR DIVORCI 20. Should the parties become divorced, BU8band agree8 to pay to Mife the sum of Seven Hundred Fifty and no/lOa ($750.00) .. Dollar. per IIIOnth "" ,,1 \.pony for " period of ,forty-eight (48) consecutive JIIOnth8, 80 long as the MUe does not reaarry nor cohabitate with any adult me~er of the opposite .ex or until the . . death of the Wife. For the purposes of this Agreement, "remarriage" shall be defined to include marriage as defined under the statutory laws (marriage which follows all statutory . requirements of licensing, waiting period and which has been solemnized before an official, religious or civil, capable of presiding at the marriage) of any state as recognized by the state of South Carolina, and common law of the state of South Carolina or other state where entered which shall include but is not limited to common-law marriage or cohabitation as defined by the appropriate state. 21. The Husband also agrees to pay for the Wife's college tuition and expenses in order for Wife to obtain a two year degree at any reasonable institution. MBDICAL/BBALTS/DERTAL INSURANCE COVERAGE 22. Husband and Wife agree that Husband shall provide and maintain, through Husband's employment, comprehensive health and hospitalization insurance, with a major medical rider, insuring all of the children of the parties through the children's minority and until they become emancipated or complete their college education, whichever is later, provided, further, Husband and Wife agree to cooperate with one another in exchangi~~ the necessary insurance cards, insurance information, and claim forms, and in the claim process, as may be necessary from time to time. 23. Husband and Wife agree that each shall pay one-half of the minor children's reasonably, necessary un~overed medical, dental, orthodontic, ophthalmologist, psychological, hospitalization, drug and other health related ~xfense. for the minor children throu~h p~nh of the minor children's minority. The parent who is obligated hereby with respect to uninsured expenses shall be consulted and his or her consent be obtained before any . unnecessary or elective health care costs, such as orthodontic care, cosmetic surgery, or the like shall be incurred. This consent shall not be unreasonably withheld. Should health care costs incurred for the minor children be advanced by the parent not obligated to pay such health care costs, then and under such circumstances, the parent so obligated to pay such health care costs shall reimburse the parent who advanced such cost upon receipt of proper documentation by making immediate reimbursement. 24. The Wife shall file all necessary insurance claia forms herself and the Wife will provide the Husband will copies of the Explanation of Benefits from his insurance company, verifying what the Husband's one-half share of the uncovered expenses for the children will be. The Husband shall provide the Wife with any and all documents and/or claim forms necessary in order to file the claia forms with the Husband's insurance carrier. The Husband shall pay the Wife his one-half share of the uncovered health care expenses relating to the children within ten (10) days of the receipt of the Explanation of Benefits from the Wife. . , 25. The Husband agrees to maintain medical insurance for the Wife until the filing of a Final Decree of Divorce. The Husband and Wife further agree that the Husband's obligation to provide lIedical insurance for the Wife shall, cease upon the parties' divorce, should they become divorced. LUB llllUIWICB , . '.. 26. The Husband shall maintain his life insurance in the minimum amount of $350,000.00 with as trustee for the minor children as beneficiary and shall provide the Wife . with annual verification of this insurance coverage. MARITAL RESIDENCI 27. The Husband agrees to pay one-half (1/2) of the monthly mortgage payment directly to the Wife, so that the wife may be able to pay the monthly mortgage payments on the house at 230 Cumberland Drive, Lexington, South Carolina, until the said residence has been sold. The Wife agrees to provide the Husband with verification of the amount of the monthly payment concerning the mortgage. Further, the parties agree that the said residence shall be sold after the completion of the 1993-1994 school year and after the payment of the necessary closing costs, payment in full of any existing mortgages, the net profits will be given to the Wife. 28. The Wife shall be responsible for the monthly payments and expenses relating to the former marital residence, including monthly mortgage payments and utility expenses. HI,I'S PURCHABI 0' NIM RESIDSNCI AND IXPINSI8 29. Husband agrees to pay the moving e~penses of wife , and children to Pennsylvania through his employment, including .-......... 'closing costs of the new house\ van rental, moving expenses, and storage expenses. BOMB COHPUTIR . ' . 30. Husband agrees to purchase a home personal co.puter of the Wife's choice for wife at a cost not to exc,ed One Thousand Five Hundred and no/100 $1,500.001 Do11ar.'if the Nife doe. not receive the net equity of $13,000.00 concerning the .ale of the former marital re.idence. . COI.t,KOE EDUCATION rOR MINOR CHILDREN 31. The partie. agree that each party should b. responsible for one-half of the minor children's college tuition and expenses. TAX CONSIDBRATIONS 32. Husband and Wife agree that the Husband shall be entitled to claim, for state and Federal income tax purposes, the minor children as his dependents and exemptions in all tax years in which the parties file separate Federal and State Income Tax Return.. 33. Husband shall be entitled to claim the child care expense. which h. or she pays on behalf of the children. . 34. Th. parties agree to sign and file tax return. con.ist.nt with the above t.rm. and conditions, and in the .v.nt that .ith.r or both of them br.ach.. the tax t.rms her.of, the party so breaching this Agreem.nt shall indemnify and reimburse the other party for any and all tax loss.., penalti.s, interest and all assessments with respect to such non-breaching par~r's tax filing. 35. The child support, family support and equitable di.tribution provided hereinabove shall be non-deductible to the Hu.band and non-taxable to the Wife for State and F.deral Income Tax Purpo.... DIVI8ION or PROPERT! 36. with the exception of the matters hereinbelow set . forth, the parties have heretofore made a division of property (real, personal, and mixedl, acquired during their marriage which properties each of the parties does now retain in hh or h.r . exclusive possession. The parties hereby acknowledge that they are each in exclusive possession of the separate and marital properties to which they are entitled, with the exception of the hereinbelow listed in the attached schedule "A", and hereby release and relinquish any and all right, title and interest, including but not limited to all title, special equity, trust, and equitable interest, in and to the personal, real and mixed property of the other. Further, the parties each release and relinquish any and all right, title and interest, including but not limited to all title, special equity, trust, and equitable interest, which each may have in any and all other property (real, personal or mixedl, monies, checking and savings accounts, stock, bonds, certificates of deposit, money market funds, investment, interest in business ventures of any nature, r(ltirement funds and annuities, educational degrees, businesses and occupations, and any and all properties owned by or in the name of the other, and the remaining marital and separate prop.rty shall b. equitably divided and th.ir respective legal and .quitable vested rights partitioned as follows. DEBT8 AND OTHER OBLIGATIONS 37. Th. parti.s agree that th.y will not h.r.aft.r incur any bill or obligation for servic.s, property, of any other matter in the name of the other .xcept upon prior written.agr....nt of the oth.r party. Bxcept as is oth.rwise provided in this Aqree..nt, the Husband and Wife .hall b. r.sponsibl., r..p.ctiv.ly, for his or -, . - , her own living expenses, and other debts incurred subsequent to the date of this Agreement. 38. Husband and Wife hereby agree that Wife shall pay . and be solely responsible for personal debts and expenses incurred by her fz:om . 39. Husband and Wife hereby agree that Husband shall pay and be solely responsible for personal debts and expenses incurred by n1m from . 40. Husband and Wife shall, upon the execution of this Agreement, return each to the other, any and all credit cards in the name of the other party, and shall make no new charges thereon a. of the date of this Agreement. 41. Husband agrees to indemnify and hold harmless Wife from any liability she might incur, including reasonable attorney's fees, due to any business transaction of the Husband's, which was entered into pLior to the date of Lhill AgLeelllent, including, but not limited to, tax liability related to any banking institutions. 42. Nife will not hereafter incur any liability whatsoever upon the credit of the Husband. 43. Husband will not hereafter incur any liability whatsoever upon the credit of Wife. A'l'1'ORNII ' S FIlS 44. Bach party shall be responBlble for their own attorney'. fee. and co.t. in connection with this pending action in the Lexington County Family Court. . . IJtBCU'lIOll or RBCIIIARI IRITRUhBRTI . 45. The partie., and each of theil, shall hereafter . execute all instruments necessary to carry out the terms of this Agreement. BINDIRO srrBCT or AGREEMENT . 46. This Agreement shall be binding upon Blgning, on the parties 'and their respective heirs, executors, administrators, assigns and shall in all events be construed under the laws of the state of South Carolina. MODIFICATION or AGREEMENT 47. The provisions of this Agreement and subsequent Court Order shall not be modified or changed except by mutual consent and agreement of the parties in writing. 48. A modification of any provision of this Agreement shall be effective only if made in writing and executed in the same formality of this Agreement. The failure of either party to insist upon strict enforcement of any provision of this Agreement shall not be construed as a modification of any subsequent default of any similar nature. 49. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. This Agreement contains the entire understanding of the parties, and no oral statement or prior . . written matter shall have any force or effect upon thie Agreement. The partie. confirm that there are no representative, warranties, covenants or undertakings other than those expressly set forth herein. . . HITNBSSBSI . LINDA H. WELLS RICHARD A. HELLS . . . 0:. ;,-'- ".".l:_, .' -,,' '.,'- ',-<~.~~,: ,J".'J +.: .AMuiA. g: lifVl9iU1 #- ~ DL~~;i-: _If RICHARD A. WELLS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 95-482 CIVIL TERM LINDA H. WELLS, Defendant/Respondent : IN DIVORCE TO THE HONORABLE EDGAR B. BAYLEY: AND NOW comes Richard A. Wells by and through his attorney Austin F. Grogan, Esquire and answers the following. 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part; denied in part, strid proof is demanded. 6. Denied, strict proof is demanded. 7. Denied, strict proof is demanded. 8. Denied in part, strict proof is demanded. 9. Denied, strict proof is demanded. 10. The Defendant is without sufficient knowledge to respond to Paragraph 10, therefore denies Paragraph 10. Strict proof is demanded. NEW MATTER PETITION FPR TERMINATION OF ALIMONY 11. The Plaintiff/Petitioner, Linda H. Wells has cohabitated with an adult member of the opposite sex throughout her residency in the Commonwealth of Pennsylvania. 12. Pursuant to Paragraph 20 of the parties Separation and Divorce Agreement the wife is entitled to alimony so long as the wife does not remarry or cohabitate with an adult member of the opposite sex. The wife has cohabitated with an adult member of the opposite sex as such forfeits her right to alimony. WHEREFORE, the Defendant/Respondent, Richard A. Wells, respedfully requests this Honorable Court to review the Property Settlement and Separation Agreement and upon review terminate alimony to the Petitioner/Plaintiff. PETITION TO ENFORCE MEOICAUHEAl THIOENT AL INSURANCE COVERAGE 13. Pursuant to Paragraph 23 of the Property Settlement and Separation Agreement, the Husband and Wife agree that each shall pay one-half of the minor children's reasonable necessary uncovered psychological expenses and other health related expenses for the minor children. 14. Pursuant to an Agreement, the Parties enter into a psychological evaluation , with Guidance Associates of Camp Hill, Pennsylvania during 1995. The total costs of $2,500 of the evaluation has been paid by the Defendant/Respondent, Richard A. Wells. 15. The wife has refused to contribute half of the uncovered psychological expenses necessary to complete the evaluation as stipulated in the Property Selllement and Separation Agreement. WHEREFORE, the Petitioner respectfully requests this Honorable Court to review the Property Settlement and Separation Agreement and upon review order the PlaintifflPetitioner to contribute half of the uncovered psychological expenses toward the children. Respectfully submilled, w\wplI\.M1\ Il,j, /. t UUJlJt,J ?i,( Austin F. Grogin( Attorney for 0eft!Oda t/Respondent 24 North 32nd . Camp Hill, PA 17011 (717) 737-1956 ~ 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. Section 4904, relating to unsworn falsification to authorities. ~ \.~ ~b Richard A. Wells Date: \2.\11 \ <\ z:;- RICHARD A. WELLS, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 95-482 CIVIL TERM LINDA H. WELLS, Defendant/Respondent : IN DIVORCE 6FFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, hereby certify that I did mail a true and correct copy of the Answer To Enforce A Foreign Decree In Divorce And For Contempt in the above matter, by personal service to Attorney Carol J. Lindsey, Esquire, Defendant/Respondent's attorney, at 11 East High Street, Carlisle, Pennsylvania 17013. I understand that false statements are made herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: /),/1'1/ h " uire I4l' c:\WI'II\I""'!\ Well..C I LINDA H. WELLS, Plaintiff/petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlV, PENNSYLVANIA NO: 95-5084 CIVIL TERM v. RICHARD A. WELLS, Defendant/Respondent IN DIVORCE ORDER OF COURT AND NOW, this 31st day of May, 1996. after hearing. it is ordered and directed that Richard A. Wells pay alimony to Linda H. Wells in the amount of $750,00 per month from December 1. 1994 for a period of 42 months, as set out in the Decree of the Family Court of Lexington County. South Carolina of November 22. 1994. This Court Order is a clarification of the prior Court Order of January 31.1996 calling for repayment of past due alimony in the amount of $1,575.00 By the Court. \ II i J. d:\wclb\n:liel.('C1 file' 4t,15.'I.WI LINDA H. WELLS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 95.5084 CIVIL TERM Plaintiff/Petitioner vs. RICHARD A. WELLS, Defendant/Respondent IN DIVORCE 11 NOW comes Linda H. Wells. by and through her counsel. FLOWER. MORGENTHAL, FLOWER & LINDSAY, P.C., and petitions this Honorable Court as follows: 1. The parties hereto were husband and wife and were divorced by Decree of the Family Court of Lexington, Kentucky. South Carolina, on November 22. 1994. The Decree and its Property Settlement Agreement were entered as a Foreign Decree in the Court of Common Pleas of Cumberland County, Pennsylvania on December 1, 1995 to the No. 95-5084. 2. On November 30, 1995. Petitioner sought enforcement of the Foreign Decree. in particular, the alimony provisions of the Property Settlement Agreement. Those provisions required Respondent to pay alimony in the amount of $750.00 per month for 42 months from December I I I I , II ,I II 1, 1994. The Petition filed on November 30, 1995 alleged that Respondent had not paid alimony for a period of time. 3. A hearing was held before this Honorable Court on January 30. 1996, after which this Court entered an Order. attached hereto as Exhibit "A", The Order calls for Respondent to make 'a final alimony payment" to Linda H. Wells in the amount of $1,575.00 not later than May 1, 1996. d:\wdb\n:liel.r<1 file /I 411IS.'15~1I 4. In fact, $1,575.00 was the amount of the past-due alimony and not a compromise or a finding by the Court that alimony should terminate as of May 1. 1996. 5. As a result of the inadvertent language in the Court's Order, the wage attachment for alimony has ceased. Petitioner believes and therefore avers that the Court's error in this regard would be acknowledged by Respondent, albeit reluctantly, and that this matter may be settled by a conference call of the parties. WHEREFORE, Petitioner prays this Honorable Court to order a conference call to attempt to resolve this matter, and if such a call is unsuccessful. to set this matter for an immediate hearing before the Court. FLOWER, MORGENTHAL FLOWER & LINDSAY, P.C. Attorneys for Plaintiff/Petitioner By: : ,., , I {[ ,/ L/ I . - ~~~'t.-\. )Carol J. Lind~ay, Esquire . 10 # 44693 11 East High Street Carlisle. PA 17013 (717) 243-5513 EXHIBIT "A" - _:-..... RICHARD A. WELLS, PLAINTIFF IN THE COURT OF COMMON PlEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW V. UNDA H. WELLS, DEFENDANT 95-5084 CIVIL TERM ORDER OF COURT AND NOW, this 31st day of January, 1996. it is ordered that Richard A. Wells make a final alimony payment to Unda H. Wells in the amount of $1,575 not later than May 1, 1996. Austin F. Grogan, Esquire For Plaintiff ~J. Undsay, Esquire ~r Defendant :saa TRUE COpy FROM RECORD In T~~t;m:-nv "hon:of. I here unto set my hand and the stal of said Court at Carlisle, Pao This3L ~ day of.. .~. . ..:...., 19..'l~. ................ ~lL 'ta-- l ~~ ~l.c.. ... ......{J.._,_ J)~ Prothonotary ; I 1 I i , ! i ~ 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. g 4904, relating to unsworn falsification to authorities. . ! . , Lu.MC~ t<i-.-. Carol J. ~~asay \ '-----../ Date: 5/) ~/r6 / I I 9s- .- f(11?'I {d.~ \.:JfL~/_ . OFFICE OF THE CLERK or COURT FOR THE ELEVENTH JUDICIAL CIRCUIT OF SOUTH CAROL IRA SITTING AT LEXIRGTON COUNTY, SOUTH CAROLIRA I, THOMAS H. COMERFORD, Clerk of Common Pleas and General Sessions Court of Lexington County, South Carolina, legal custodian of the records, certify that the attached are true copies of the original pleadings filed in said Court under Docket or Judgment Roll Number: ~o/ day of HITlESS, My hand and the seal of said Court this 7.t- ff,.t , 199.2..... . RK I, :or. , Presiding Judge of said Court, do certify the foregoing attestation by Thomas H. Comerford, Clerk of said Court, to be in due form and by the proper office. WITNESS, My hand and the seal of said Court this 11'1"'tt , 199L. ~oll " I day of I, THOMAS H. COMERFORD, Clerk of sai that , whose genuine signature is subscribed to the foregoing certificate was at the time of signing and attesting to same, Presiding Judge of said Court, duly commissioned and qualified. -4- day of HIDESS, My "-if hand and the seal of said Court this , 1 9 9..2:... . RK STATE OF SOUTH CAROLINA !'~~r:: ;~~4E FAMILY COURT FOR THE '. ,) , . ~E~i:NrH JUDICIAL CIRCUIT Defendant. ) ) ) ) ) ) ) ) ) ) ) ) DOCKET NO: 94-DR-J2-OSIJ COUNTY OF LEXINGTON Richard A. Wells, Plaintiff, FINAL DECREE OF DIVORCE -~ rn CD -vs- ,- q Linda H, Wells, d c c_ .n "J J Date of hearing: November 22, 1994 Presiding Judge: Frank W. Rogers Attorney for Plaintiff: Leigh Ballenger Sellers Attorney for Defendant: Lisa Brink Court Reporter: 4 .'- yo:. mE ACTION This action was commenced by the filing of a Summons and Complaint requesting a Final Decree of Divorce and other relief. The Defendant filed an Answer and Counterclaim. Prior II tv to receiving any testimony in this case, counsel for both parties infonned the Court that the parties had resolved all issues and would like to state their agreement for the record. Plaintiff appeared represented by his attorney, Leigh Ballenger Sellers. Defendant did not appear but was represented by her attorney, Lisa Brink who was given authorization to enter into the agreement on her behalf. FINDINGS OF FACT AND CONCLUSIONS OF LAW Based upon the filed pleadings, sworn testimony presented, and the representation of counsel all of which were heard and carefully considered by me, I make the following findings of fact and conclusions of law. A TP" '~I)Y .(J1RISDlCTlON AND VENUE ~'il~...:" .;, '-"!~ Lea. Cu. c.e.c.-t'.: c".;tjJ,.c. I. Plaintiff is a resident of Reading, Pennsylvania, who last resided with the Defendant as husband and wife in Lexington County South Carolina. Therefore, venue is p.oper ~'J. ty in LeltingtOn County. 2. The Defendant lives in Pennsylvania at this time, but at the time of the commencement of this action had lived in South Carolina more than one year and continued to live here after commencement of this action for almost silt months. Therefore, the residency requirements of S.C. Code Ann f 20-3-30 (Supp. 1990) are fully satisfied. 3. As the parties are now separated and Plaintiff seeks a Decree of Divorce this actions concerns the alteration of their marital status and hence constitutes marital litigation. 4. Accordingly, this Court has jurisdiction over the parties and the subject matter of this action. Rule 16, S.C.R.F.C.: Ariel v. Ariel 295 S.C. 46, 369 S.E.2d 146 (Ct. App. 1988); Brown v. Brown 295 S.C. 354, 368 S.E.2d 475 (Ct. App. 1988). Divorce 5. The parties were lawfully married to each other on March 3, 1984. and of this marriage three (3) children have been born, to wit: Cameron Wells, DOB 10/8/84, Phillip Wells, DOB 2/1/86, and Preston Wells, DOB 2/4/89. 6. That the parties separated on January 31, 1992, and have lived separate and apart without cohabitation since that time. 7. That as a result of the foregoing, Plaintiff is entitled to a decree of divorce a vinculo marrimonii on the statutory ground of one year's continuous separation pursuant to S.C. Code Ann. f 20-3-10(5). AI!I'efment 8. That the parties above were involved in prior domestic litigation before this Court which resulted in an Ordi.i to live separate and apart. Wells v. Wells, Docket No. 93-DR- 32-0420 (Attached). 9, That thi: Order was Cltecuted by the Honorable Frank W. Rogen. Jr., on January 14, 1993, and approved an Agreement entered into by the ~eToMtich ~~y issues contained therein. \. , . "'!~ , (;, ~l'/' .c. h.. b. Paragraph 21 of the agreement provides that Husband will pay for 10. That the parties have agreed to modify the Property Settlement and Separation Agreement which was incorporated into the Order of this Court January 13, 1993 as follows: a. Paragraph 20 of the agreement provides for rehabilitative alimony for a period of 48 months after divorce. The parties agree that alimony shall run only for 42 consecutive months from December I, 1994. Wife's college tuition and expenses to obtain a two year degree. The parties agree that this provision will only be enforceable if Wile is enrolled in the two year program within five (5) years from the date of this hearing. c. Paragraph 30 of the agreement provides that Husband will purchase a home computer of the Wife's choice at a cost not to exceed one thousand five hundred and '13 nollOO ($1,500,00) Dollars if Wife did not receive the net equity of $13,000.00 from the sale ~ of the marital residence. The parties agree that at this time, the Husband will provide Wife with his home computer purchased in November 1993 a Performa 430, 486 with 4MB of RAM, and 80MB of memory in lieu of purchasing a new one at this time as he does not have funds at this time to purchase the computer. Husband will purchase the computer of Wife's choosing as provided for in Paragraph 30 of the original agreement, when financially able. 11. Child support and alimony are currently paid directly to the Wife. In the event that Husband is five (5) days late under the schedule enumerated under the prior order, Wife shall file an affidavit with the Court stating such, and the Court immediately will issue its order providing for payments to be made though wage withholding from Husband's employer through the family court, along with the 3~ service charge. 12. I find that the modifications are within the bounds of reason and fairness ms.romJ.Orl A TR'.JF COpy ~~;.,.,'~. '.' ,y{~ hll t". <: r,' i' , t: ~i~',C. and approve the agreement mached between the parties. ik 13. Based upon the findings of facts and conclusions of law as are made and set forth herein above, IT IS ORDERED: I. That the plaintiff is granted a divorce on the statutory grounds of one year continuous separation. 2. That the modifications to the agreement approved by the Court on January 13, 1993, as set forth in paragraphs 100a)-IO(C) are hereby approved and incorporated into this Final Decree of Divorce. 3, That both parties are barred from receiving alimony. IT IS SO ORDERED. . ogers Judge, Eleventh Ju IClal Circuit This YJ, day of Lexington, South Carolina , 1995. A ,RUE coPY ~-.J.kl ~ L... Co. c.G.c.... G...f ' ' RATCHFORD & AssocIATES AnoRNEYS AND COUNSELORS AT LAW Do'" M. ...,... o..w K. r.. 1AIP .-- II SIIIn n...,. L, u-a.. 1531 LunI SIreeI C....bIa. s.c. J920I.J697 ..u.o ,.I.....~.. .. T.. T...... (IOJ1 779-0700 r..... (IOJ1 W-6JII February 7, 1995 -... "' CD Re: Wells v. Wells Docket No.: - c. 'l - c .." 1 ~ !? , u. u. The Honorable Frank Rogers Lexington County Courthouse Lexington, South Carolina 29072 Attn: Donna 93-DR-32-0420 Dear Donna: Enclosed please find an original and one (1) copy of the Final Decree of Divorce that we neglected to send in hard copy to you. If you find everything in order, please execute the Order, filing the original with the Clerk of Court and return a clocked copy to my office in the enclosed envelope, provided for your convenience. Sincerely. ~~ Julie C. Callahan Paralegal lex: Enclosure: Final Decree p ~ ,. -oy .~ , .c. STATE OF SOVTH CAROLINA I JULlGHENT IN A F'AHILY COURT CASE I COUNTY OF LEXINGTON I I f~R-32- ~/3 IN THE FAHILY COURT I CASE NO. l,) eel'/ YS ~;.l:a/ PLAINTIFFISI RESPONDANTISI I JURY VERDICT. THIS ACTION CAKE BEF'ORE THE COURT FOR A TRIAL BY JURY. THE ISSUES HAVE BEEN TRIED AND THE VERDICT RENDERED. I I DECISION BY THE COURT. THIS ACTION CAKE TO TRIAL OR HEARING BEFORE THE COURT. THE ISSUES HAVE BEEN TRIED OR HEARD AND A DECISION RENDERED. I I ACTION DISKISSED. 1 I RULE 121BI OF' SCRCP, 1 I RULE 40lCll31 OF SCRCP, 1 I SETTLED, 1 RULE 411Al, 1 I VOL. NONSUIT, I I OTHER IT IS ORDERED AND ADJUDGED: I JUDGEHENT BY THE COURT SEE ATTACHED ORDER, 1 I STATEHENT OF DATED AT LEXINGTON, SOUTH CAROLINA, THIS~LlAY OF 1+. &h-e<- COURT 1"0 r../~-- ~~/-- f,,-~r.w-v Ft(- .199'''--. ~l- /;"~ J.l:J60!:/CLERK OF' THIS JUDGKENT WAS ENTERED ON THE ~AY OF' AND A COPY KAILED FIRST CLASS THIS ;I~ DAY OF' COURT :fg.~. .19r~ ~~I_~ ATTORNEYISI FOR PLANTIF'FISI IWHEN APPEARING PRO SEI AS FOLLOWS: Ji~ bA~~ A mIl:'" C '"'rJ'L ~.." :IF ;z, 1 'ox , ATTORNEYI51 F'OR DEFENDENTISI ~' '.Il 4. . ..;-.. ~ P.r: LC F 77 1 (11/9 3 ) STATE OF SOUTH CAROLINA COUNTY OF LEXINGTON Richard A. Wells, Plaintiff, vs. Linda H. Wells, Defendant. -\ -' . . ,,,, (J1 (.... (.: ,,- . r.. --. , ' ) ) ) I e,.) IN THE FAMILY COURT ~ ELEVENTH JUDICIAL CIRCUIT:: J.: ) ) ) ) ) ) ) ) ) ) .---, N . . _\~~l CJ .., ;~.) AFFIDAVIT FOR SUPPORT THROUGH THE COURT File No, 94-DR-32-0513 PERSONALLY APPEARED BEFORE ME, the affiant Linda H. Wells, who being duly sworn and deposed, states as follows: I am the defendant in the above-captioned action. Richard A. Wells was ordered to pay child support and alimony in the amount of $1,950.00 per month. The Order was signed on January 14, 1994 (attached as "Exhibit A"). R~chard A. Wells has failed to pay child support and alimony as ordered. The Final Decree of Divorce signed February 9, 1995 (attached as "Exhibit B"), states that if he is five (5) days late paying the child support and alimony, I can submit an affidavit to have future payments made through wage withholding from the plaintiff's employer through the Lexington County Family Court along with a three per-cent (3%) service fee. I am hereby requesting all future payments to be made through Lexington County Family Court along with a three per-cent service fee. Plaintiff Information Richard A. Wells sse 265-51-4094 Employer's Address: Ethicon Endo-surgery 4545 Creek Road Cincinatti, Ohio 45242 '.1 0.-' -' :1 -, ) - ../1' I ",-, I I //. l A~'_ J 'J /./' -- ./ ~ - ~ \. .. ""'L --. Linda Ii, We'll s - 5S, 146-72-0466 832 Hummel Avenue Lemoyne, PA 17043 SWORN io~and subsEribe before~me this ......:...-:::. day of I, ,to , 19~. \ \i(\(~- ] C\~\.r'J ~ary Public for South Carolina My Commiuion Expires:.j .>~ ')('( ~ A TRUE COpy ~!14~-f/ ~* Loa. Co, C.C.C.P., C.S. ..C. , '. ST ATE OF SOUTH CAROLINA] AN i J COUNTY OF LEXINGTON ;! ~' . Linda H. Wells. Plaintiff. vs. Richard A. Wells, Defendant. :~ .. , . -: ,: r' n - . rl J ,IN THE FAMILY COURT FOR THE :j -. M'EL~ENTH JUDICIAL CIRCUIT ) ) ;{~ET NO: 93-DR-32-0420 ) ) ) ) ) ) ) ) ) ) - " ORDER OF SEPARATE SUPPORT AND MAINTENANCE Date of Hearing: Presiding Judge: Attorney for Plaintiff: Attorney for Defendant: Coun Reponer: ~I t/ November 16, 1993 Frank W. Rogers. Jr. W. Lisa Brink Leigh Ballenger Sellers Julie A. Corbett THE ACTION This matter comes before me on merits hearing on Plaintiffs complaint. This action was commenced in February 1993, upon the filing of the Summons and Complaint by the Plaintiff. seeking an order of Separate Suppon and Maintenance. Prior to taking any testimony. counsel infonned the Coun that the panies had reached an agreement which was evidenced by an unexecuted settlement agreement. The sworn Financial Affidavits of both panics were in the file and before the Coun. Plaintiff was present and represented by counsel. Defendant was unable to travel from Pennsylvania for the hearing as scheduled, but was represented by counsel and authorized said counsel, by letter, to enter into the agreement on his behalf. Defendant's counsel also infonned the Coun that Defendant was available by telephone should any questions arise. Both counsel \ TC1.....OPY \ 1-,1_. v' \..Ak.:,,, '~~~ 1.A, \:u. t.e.C.I'., o.s.~,.c. for Plaintiff and Defendant attested to the fact that the settlement had been negotiated over many months and both paries had been involved at each stage of the negotiations and authored much of the agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW Based upon the filed pleading. the panies' sworn Financial Declarations. the representations of the respective counsel. and testimony of the witnesses. all which were heard and carefully considered by me. I make the following findings of salient facts. along with the appropriate conclusions of law. A. Jurisdiction and Venue ;p 1. Plaintiff is a citizen and resident of the County of Lexington. State of South Carolina, and has been so for a period of more than twelve (12) months prior to the commencement of this action. Defendant is now residing in the State of Pennsylvania. The panies last lived together as husband and wife in Lexington County, South Carolina. The residency requirement of S.C. Code AM. fi20-3-30 (Sup. 1990), has been fully satisfied. 2. The panies were lawfully married to each other on March 3. 1984, and of this marriage three (3) children have been born. to wit: Cameron Wells, DOB: 10-8-84, Phillip Wells, DOB: 2-1-86, and Preston Wells, DOB: 2-4-89. 3, Plaintiff asks for an Order of Separate Suppan and Maintenance. Thus, this matter affects the marital status of the panies and is properly before the Family Coun. S.C. Code Ann. 120-3-130. 2 A TRUE COpy ~~~~4/.~;~~ Lex. Cu. C ~ l' I . I: s.t!--',.C. - , II. Therefore, the agreement between the panies as evidenced by the atlached unexecuted copy is hereby approved and incorporated imo the Order of the Coun. 12. I find that the Defendant was ordered to deposit a retainer of $1,500.00 with the Guardian illllilml to cover fees and costs of the Guardian's investigation. The Guardian made a detennination that the work to be perfonned would not require such a sum and billed defendant for the time spent. Defendant has paid $202.25 towards the fee of $307.78 13. I find that Defendam shall tender to the Guardian illl m Paula McDonald $105.53 within 30 days from the date of this order. DISPOSITION ~4-" Based upon the findings of saliem facts and conclusions of law, as were made and set fonh hereinabove, it is hereby ordered: 1. That the attached Senlement and Property Agreement is hereby accepted and incorporated into the Order of this Coun. 2. That the panies are ordered to live separate and apan. IT IS SO ORDERED. Judge of Family C Lexington County "<I'" "';'fp-_..,.r -r;,-"'d ,r,lbs. wells.order ,I~ . .- '\ . )PV ,'c'".~ 4 I..., .. -, ~ . .., , ... I . .' , " ..... .. . ". .- . . . STATE OF SOUTH CAROLINA .... ~ ~. ~ ~ ~ --:'\ ..-' ,.. IN THE FAMILY COURT COUNTY r'. 1.9 -f\ ~ ,~ 'S # c,~~ ~ ~ OF LEXINGTON Linda H. Wells, Plaintiff, ) I ) ) ) I I I . PROPERTY SETTLEMENT AND SEPARATION AGREEMENT 93-DR-32-420 vs. Richard A. Wells, Defendant. WHEREAS, this Agreement is made and entered into by and Linda H. Wells, hereinafter referred to as "Wife" and Richard A. Wells, hereinafter referred to as "Husband"; and WHEREAS, the parties above-named are now or formerly residents of Lexington County, South Carolina; and WHEREAS, the parties acknowledge there is an action presently pending between the parties in the Family Court of the Eleventh Judicial Circuit; and WHEREAS, the parties were lawfully married on March 3, 1984; and WHEREAS, three (31 children were born as a result of this marriage, namely, Cameron, Wells, DOS: 10-8-84, Phillip Wells, DOSr 2-1-86 and Preston Wells, DOS: 2-4-89; and WHEREAS, the parties have experienced certain domestic difficulties, in consequence of which the parties desire and are in the process of living separate and apart; and have lived separate and apart with no cohabitation since the 31st day of January, 1993; and WHEREAS, each ~ the parties in anticlp~tion of their reconciliation or divorc.. now desire to fix and determine the custody, child support, equitable distribution and' alimony; and A TRUE COpy. , i$) . .~~ ~u.li.." Lea. Co. C.c.c.P., C.S. I.C. WHEREAS, each of the parties has represented to the other and to their respective attorneys that they are of sound mind and that they desire to enter into this Agreement of their own free . will and accord, and that neither has coerced or exercised undue influence on the other; and WHEREAS, the wife has delivered this Agreement to her legal advisor, W. Lisa Brink, attorney-at-law, with her office in Lexington, South Carolina, who is engaged in the practice of law, and she has consulted with legal advisor concerning this Agreement and has been advised as to what her legal rights and interest in the estate of the Husband might and would be in the case of reconciliation between the parties without first having entered into this Agreement, and her legal rights and interests if she should become the widow of the Husband, and as to her obligations for support in the event that subsequent to the reconciliation, the parties become legally separated or the marriage should be ...:l.:;.:......:...:::u; ;;r.:i WHEREAS, the Husband has delivered this Agreement to his legal advisor, David H. Ratchford, attorney-at-law, with his office in Columbia, South Carolina, who is engaged in the practice of law and he has consulted with said legal advisor .concerning this Agreement and has been advised as to what his legal rights and interest in the estate of the Wife might and would be in the case of reconciliation between the parties ~/O ;:hout first having entered into this Agreement, and his legal righ~s ~nd interest if he should become the widower of the Wife, and '. to his obligations for support in the event that subsequent to the reco~ciliation, the A TRUE COpy \. /,J "A ~ .; ~....a-.!~ ...., ba. CU C , L . C : . ~, ., .~~~-- . C "{~ '.C. parties become legally separated or the marriage should be dissolved; and WHEREAS, both parties have chosen their own legal counsel . concerning the matter of this Agreement without suggestion on the part of either party as to Wh1Ch counseL to retain; and WHEREAS, the terms and provisions of this Agreement as set forth below have been negotiated by the parties and each represents to the other that they understand the Agreement and know the ramification of their actions and that each considers the provision of the Agreement to be fair, reasonable and equitable, and the parties have represented to each other that they desire to be bound by the provisions of this Agreement and in binding themselves, they bind also their ~e9pective estates, their heirs and assigns to the enforcement of these provisions; and WHEREAS, the parties further represent that they have made a full and adequate disclosure to each other at their respective property interests and financial considerations and that this Agreement is being entered into by the parties with full knowledge on the part of each as to the extent and probable value of the estate of the other, and the parties further represent that they have not willfully withheld or concealed any assets, source of income, or liabilities not represented in their respective financial declarations attached to this Agreement. NOW, THEREFORE, in consideration of the mlH;\\~l promises and conditions herein contained, and in consideration 0' the sum of Ten and 0/100 ($10.001 Dollars each to the other in Imnd paid, the receipt and sufficiently of which is hereby acknowledged, and for ^ T~\' - ^'" (J, I i-dJ \",I,JPY I . .-,1.~ .~_:.f~. ~ .. " the other reasons hereinabove set forth, it is hereby agreed by and between the parties as follows: CHILD CUSTODY . I. The parties agreo that at this time it is in the best interest of the children to remain together in the care, custody and control of the Wife. 2. Notwithstanding her general custody of the children, the Wife shall confer with the Husband from time to time with respect to the welfare of the children, and particularly, as to educational, health, and disciplinary matters of a substantial nature, such as, by way of example, during the serious illness or prior to scheduled cperations or psychological counseling or in connection with the selection of a college or trade school for higher education, but the Wife shall make the final decision with respect to such matters. 3. The parties agree to each notify the other respective party of any move of their residence and provide the other respective party with their new address and telephone number. Both parties shall inform the other of the address and telephone number where the children will be when their are with that respective party. 4. It shall at all time" he thp. nhjective of both parties to decide all questions affecting the children in such a manner as to promote the welfare, happiness and well-being of each sllia child. VISITATION S. The Husband shall be entitled t9 off-pre.!s.s ~ A TRUE COpy '." ../ S;;j.....~_ / t... ," " ,'. ~ . .' . ..: s" /p C. visitation with the parties' minor children. 6. The Husband shall have reasonable visitation privileges with the minor children, upon giving the Wife ten (101 . days advance notice of his intention to exercise such rights. In the event that the parties are unable to agree on reasonable visitation, either party shall be at liberty to apply to any Court of competent jurisdiction for a definition of reasonable visitation. 7. Should the parties come to an impasse and be unable to agree as to visitation times, the Husband shall have the following rights with the minor children, subject to the conditions set out in Paragraph 5 above: Thanksgiving: In the odd years, the Wife shall have the minor children for Thanksgiving Day and in the even years, the Husband shall have the minor children for Thanksgiving Day. Christmas: Christmas holidays shall be split equally, with the Wife having the children from their last day of school until December 25th at 6:00 p.m. in odds years and the Husband shall have the children in the even years from their last day of school until December 25th at 6:00 p.m. The Husband shall have the children from December 25th at 6:00 p.m., until 6:00 p.m. on the day before the children commence school in odd years and the wife shall have the children in the even years from December 25th at 6:00 p.m. until 6:00 p.m. on the day before the children commence schOIJ~_, Summer Visitation: Husband shall have the children for three (3) weeks during the summer, provided, however that out " -,. ......, : , I .. ".... (') , ! ,L., '., Cvpy I .',.' '. ~ . > -... of the three weeks, only two weeks shall be consecutive. The Husband shall provide the Wife with at least sixty (60) days written notice of what two weeks he wishes to exercise his . visitation with the children during the summer. Special Days: The Husband shall have Father's Day with the children and the wife shall have Mother's Day with the children. 8. Husband shall be notified of and allowed to attend school functions, athletic events or church specials involving the children, subject to the conditions set out in Paragraph 5 above. 9. Coordination of Visitation: Holiday, special events, and summertime scheduling provided hereinabove shall temporarily interrupt and supersede the normal visitation provided herein provided, further, at the conclusion of such holiday, special event, or summertime visitation, the normal visitation, shall be continued as if such normal scheduling had not been interrupted. No make-up days shall be required, unless agreed to by the Husband and Wife. 10. Transcortation: It shall be the responsibility of the parent who is to receive visitation to pick up and return the children from and to the other parent's home, except as other specifically provided hereinabove. 11. Telechone Access: The Husband and Nife shall each have reasonable telephone ae~~:s to the children while they are in the physical control of r.he other parent. Specifically, the Husband shall be entitled ;:0 telephone the children two times a week at 6:30 p.m. and the Wife shall be entitled to telephone the \ -C" . -'"'\ r"\ II; J t \.l' I .J Y (.. ./. . .. "".' . -.-- ." I ~ .....,~,,~_'.. ----. \, ~; ,.( ~ ( , \...' (~i.'. children two times a week at 6: 30 p.m. when they are in the physical possession of the Husband. The children shall also have reasonable telephone access to both parents at all reasonable . times. Neither parent shall abuse this privilege or allow the children to abuse this telephone privilege. 12. Other visitation: The visitation set forth hereinabove shall not preclude other and further visitation, or an alteration of modification thereof, so long as the parties mutually agree thereto. 13. The rights of visitation expressed in this section shall not be exercised by Husband at any time or in such a manner as to interfere with the education and normal social and school activities of the children. Neither Husband or Wife will expose of the children to an overnight companion of the opposite sex not related by blood or marriage. 14. '!'h", partJ.es may treely agree to any different arrangements for exercise of the visitation rights of Husband, from time to time, as future circumstances and the welfare of the children may require, but no such substitute or additional privilege shall be deemed to amend this Agreement unless expressed in writing, duly signed by the parties. CHILD SUPPORT PENDING DIVORCB IS. The Husband shall pay to the Wife the sum of One Thousand Two lIundred and nol 100 ($1,;:orI":10) on the fint of the month after signing this said agreement and continuing on the fint of each month thereafter as and for chiid support for the care, maintenance and support for the parties' three (31 pinor children. ^. ..- r t, '.:'...,. , . ~_.~....:A... '''.,'' "', ." It-lI ',." (: ,;'; t'. ~ Upon the occurrence of one or more of the following contingencies, the obligation of Husband to pay child support shall be subject to review I . Upon the death ot a child, Upon the marriage of a child, the then existing monthly support payments shall be reduced by that child's proportionate share. Upon the event a child enters the military service, the then existing monthly support payments shall be reduced by that child's proportionate share. Upon a child becoming self-supporting or otherwise being emancipated under the law of the Slale uf South Carolina. Upon a child obtaining the age of eighteen (181 years, or graduating from high school, whichever occurs later; provided, further, in the event said child is then enrolled in high school and actively pursuing a high school degree, said child support shall continue to be paid by Husband to Wife until said child receives a high school degree. Upon Wife ceasing to have full legal custody of one of the minor children, the then existing monthly support payments shall be reduced by that child's proportionate sh~re. 16. Child support payments by the Husband may be increased annually if and as mutually agreed by the parties in writing. The parties further agree to recalculate th~ Husband's child support obligation annually, with the Busban4's ch~ld support obligation based upon the South Carolina Child Support Guidelines. ALlMON! AND CHILD SUPPORT PINDIHO DIVO,CB A TRUE COpy ~-::f..;:7,.,~'.-4 ~~ Lu. l:u. C.C.C.P., c.s.~',.c. 17. Until such time as a Decree of Divorce has been issued between the parties, the Husband agrees to pay to the Wife a set monthly amount of alimony and child support in the total . amount of One Thousand Nine Hundred and Fifty ($1,950.001 Dollars on the first day of each month. This amount is determined based on the Husband's income of approximately $60,000.00 and the Wife's income to be determined once she has obtained employment. 18. The Husband shall pay this set monthly sum of One Thousand Nine Hundred and Fifty ($1,950.001 Dollars per month, through automatic deposit, so long as the parties remain married during the year 1993. CHILD SUPPORT AFTER DIVORCE 19. Upon an issuance of a Decree of Divorce by a Court of competent jurisdiction and commencing on the first of that month immediately following the Court's date of issuance of said Decree, and continuing on the same date of each consecutive month thereafter, Husband shall pay directly to the Wife the child support for the maintenance, support and education of their minor children, with the said amount of child support to be calculated by a Court of competent jurisdiction, based on the Child Support Guidelines in use in this jurisdiction. REHABILITATIVE ALlMON! AFTER DIVORCE 20. Should the parties become divorced, Husband agree. to ~ay to Wife the sum of Seven Hundred Fifty and no/lOO ($750.00) l' Dodi.,rs per month IIA 1I1i.",0"y for " period of .forty-eight (48) cOl'secutive months, so long as the Wife does not remarry nor cohabit ate with any adult member of the opposite lex or until the . A TRUE COpy \.. ". 1'../ I . ~J' .... ".1. ~~ ~j /. . . . ...~.,.....~.:y.~_'_=l_. .J,. ~ . death of the Wife. For the purposes of this Agreement, "remarriage" shall be defined to include marriage as defined under the statutory laws (marriage which follows all statutory . requirements of licensing, waiting period and which has been solemnized before an official, religious or civil, capable of presiding at the marriage) of any state as recognized by the state of South Carolina, and common law of the State of South Carolina or other state where entered which shall include but is not limited to common-law marriage or cohabitation as defined by the appropriate State. 21. The Husband also agrees to pay for the wife's college tuition and expenses in order for Wife to obtain a two year degree at any reasonable institution. MEDICAL/HEALTH/DENTAL INSURANCE COVERAGE 22. Husband and wife agree that Husband shall provide and maintain, through Husband's employment, comprehensive health and hospitalization insurance, with a major medical rider, insuring all of the children of the parties through the children's minority and until they become emancipated or complete their college education, whichever is later; provided, further, Husband and Wife agree to cooperate with one another in exchangin~ the necessary insurance cards, insurance information, and claim forms, and in the claim process, as may be necessary from time to time. 23. Husband and Wife agree that each shall pay one-half of the minor children's reasonably, necessary un~overed medical, dental, orthodontic, , ophthalmologist, psychological, hospitalization, drug and other health related exp~~s!p r.for ~"!'.' the L.... ... C ,. ; I I j J ~ " :~ minor children thrclI.!'Jh """h of the minor children's minority. The parent who is obligated hereby with respect to uninsured expenses shall be consulted and his or her consent be obtained before any . unnecessary or elective health care costs, such as orthodontic care, cosmetic surgery, or the like shall be incurred. This consent shall not be unreasonably withheld. Should health care costs incurred for the minor children be advanced by the parent not obligated to pay such health care costs, then and under such circumstances, the parent so obligated to pay such health care costs shall reimburse the parent who advanced such cost upon receipt of proper documentation by making immediate reimbursement. 24. The Wife shall file all necessary insurance claim forms herself and the Wife will provide the Husband will copies of the Explanation of Benefits from his insurance company, verifying what the Husband's one-half share of the uncovered expenses for the children will be. The Husband shall provide the wife with any and all documents and/or claim forms necessary in order to file the claim forms with the Husband's insurance carrier. The Husband shall pay the Wife his one-half share of the uncovered health care expenses relating to the children within ten (10 I days of the receipt of the Explanation of Benefits from the Wife. 25. The Husband agrees to maintain medical insurance for the wife until the filing of a Final Decree of Divorce. The Husband and Wife further ag~c~ that the Husband's obligation to provide medical insurance L01' the Wife shall. cease upon the parties' divorce, should the', become divorced. LIFI IN8URANCB A ,TRUE CSJY \. ..Lp .' ---."'"T..Ci!'fl- _" ..t. \, ') '. L.a. l.'l, C " ,.".~, (. ",.,__.E_ . " . ; ., t:.:~. " ')f ,. v .~. 26. The Husband shall maintain his life insurance in the minimum amount of $350,000.00 with as trustee for the minor children as beneficiary and shall provide the Wife . with annual verification of this insurance coverage. MARITAL RESIDENCE 27. The Husband agrees to pay one-half (1/2) of the monthly mortgage payment directly to the Wife, so that the Wife may be able to pay the monthly mortgage payments on the house at 230 Cumberland Drive, Lexington, South Carolina, until the said residence has been sold. The Wife agrees to provide the Husband with verification of the amount of the monthly payment concerning the mortgage. Further, the parties agree that the said residence shall be sold after the completion of the 1993-1994 school year and after the payment of the necessary closing costs, payment in full of any existing mortgages, the net profits will be given to the wife. 28. The Wife shall be responsible for the monthly payments and expenses relatinq to the former marital residence, including monthly mortgage payments and utility expenses. WIrE'I PURCHASE OF NEW RESIDENCE AND EJtPEHSBS 29. Husband agrees to pay the moving expenses of Wife , and children to Pennsylvania through his employment, including closing costs of the new house, van rental, moving expenses, and storage expense.. HOD COMPUTIR , ' 3D, Husband agrees to purchase l. home personal computer of the Wife'. choice for Wife at a cost not to eXjr1 ~'.'e Thousand \/ \. ,L. . --......" ,!-".,... l.... 1.'., -4. I' { . . Five Hundred and no/100 $1,500.00) Dollars if the Wife does not receive the net equity of $13,000.00 concerning the sale of the former marital residence. . COLLEGE EDUCATION FOR MINOR CHILDREN 31. The parties agree that each party should be responsible for one-half of the minor children's college tuition and expenses. TAX CONSIDERATIONS 32. Husband and Wife agree that the Husband shall be entitled to claim, for state and Federal income tax purposes, the minor children as his dependents and exemptions in all tax years in which the parties file separate Federal and State Income Tax Returns. 33. Husband shall be entitled to claim the child care expenses which he or she pays on behalf of the children. 34. The parties agree to sign and file tax returns consistent with the above terms and conditions, and in the event that either or both of them breaches the tax terms hereof, the party so breaching this Agreement shall indemnify and reimburse the other party for any and all tax losses, penalties, interest and all assessments with respect to such non-breaching par~y's tax filing. 35. The child support, family support and equitable distribution provided hereinabove shall be non-deductible to the Husband and non-taxable to the Wife for State and Fede~dl Income Tax Purpose.. DIVISION OF PROPIRT! 36. With the exception of the matters hereinbelow ..t. . :y ..t ._.<_ \ ,.Ji ,. ,: < .,.... ~ "'.c. " forth, the parties have heretofore made a division of property (real, personal, and mixedl, acquired during their marriage which properties each of the parties does now retain in his or her . exclusive possession. The parties hereby acknowledge that they are each in exclusive possession of the separate and marital properties to which they are entitled, with the exception of the hereinbelow listed in the attached schedule "A", and hereby release and relinquish any and all right, title and interest, including but not limited to all title, special equity, trust, and equitable interest, in and to the personal, real and mixed property of the other. Further, the parties each release and relinquish any and all right, title and interest, including but not limited to all title, special equity, trust, and equitable interest, which each may have in any and all other property (real, personal or mixedl, monies, checking and savings accounts, stock, bonds, certificates of deposit, money market funds, investment, interest in business ventures of any nature, retirement funds and annuities, educational degrees, businesses and occupations, and any and all properties owned by or in the name of the other, and the remaining marital and separate property shall be equitably divided and their respective legal and equitable vested rights partitioned as follows. DEBTS AND OTHIR OBLIGATIOHS 37. The parties agree that they will not hereafter incur any ')ill or obligation for services, property, of any other matter in the name of the other except upon prior written, agreement of the other party. Except as is otherwise provided in this Agreellent, the Husband and Wife shall be responsible, respectively, for his or . A TRUE COpy \ . ~ .,' . ____?-~... ~.I.. )0.-_0" ~ .. II. \ c ,.; ~ , _J . ~~~~...~-- , - :l..-( .<4 C , . '. . her own living expenses, and other debts incurred subsequent to the date of this Agreement. 38. Husband and Wife hereby agree that Wife shall pay . and be solely responsible for personal debts and expenses incurred by her from . 39. Husband and Wife hereby agree that Husband shall pay and be solely responsible for personal debts and expenses incurred by h1m from 40. Husband and Wife shall, upon the execution of this Agreement, return each to the other, any and all credit cards in the name of the other party, and shall make no new charges thereon as of the date of this Agreement. 41. Husband agrees to indemnify and hold harmless Wife from any liability she might incur, including reasonable attorney's fees, due to any business transaction of the Husband's, which was entered into lJLior to the date of Lhill AgLaehlent, including, but not limited to, tax liability related to any banking institutions. 42. wife will not hereafter incur any liability whatsoever upon the credit of the Husband. 43. Husband will not hereafter incur any liability whatsoever upon the credit of Wife. A'rTORNEY ' S FEBS 44. Each party shall be responsible for their own attorney's fees and costs in connection with this pending action in the Lexington County Family Court. BXECUTION OF NECBSSARY INITRUMlNTS 45. The parties, and each of them, ehall hereafter . A_/":" I f'1UE COpy ,- , . '. J "I' , . . .. . execute all instruments necessary to carry out the terms of this Agreement. BINDING ErrECT or AGREEMENT . 46. This Agreement shall be binding upon signing, on the parties and their respective heirs, executors, administrators, assigns and shall in all events be construed under the laws of the State of South Carolina. MODIFICATION OF AGREEMENT 47. The provisions of this Agreement and subsequent Court Order shall not be modified or changed except by mutual consent and agreement of the parties in writing. 48. A modification of any provision of this Agreement shall be effective only if made in writing and executed in the same formality of this Agreement. The failure of either party to insist upon strict enforcement of any provision of this Agreement shall not be construed as a modification of any subsequent default of any similar nature. 49. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. This Agreement contains the entire understanding of the parties, and no oral s~~tement or prior written matter shall have any force or effect upon this Agreement. The parties confirm that there are no representative, warranties, covenant. or undertakings other than those expressly set forth herein. ~ TPU~- :"')PV ~ -. ;:. . ' . . .. . WITNESSES I . LINDA H. WELLS RICHARD A. WELLS A T.o U ':: '"' .~. > '_~" l OP)1 ..- ~.;. , ,; " t<'II -;~~- --.. -.....('-..-.",. ,-~ -. . 5EP 25 9 31 All '95 . '. !), OffICE Of. ':. 'IlOH~TA~Y Gl'~, E...~~!)"r..~n h,~,"tL\',\l,lA 7,~~~. at; ~~ C!/-f'IL ~~<g ~ .3a"~/ ,,-""""'- ~.~:" ....--......_-<. ,- ,~.---,- \ l~. ~ f ~,-,,,,~'--'~-'~""''';'''-''--' . ,."." ~...,-_, ,"'''.k~~,''h.. ~ g: .!71Vtff0/v ATIORNEY AT LAW 24 N. 32nd Street Camp Hill, PA 17011 (7171 737-1956 December 6, 1995 The Honorable Edgar B, Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Re: Wells v. Wells Dear Judge Bayley: This is in response to Attorney Lindsey's request to consolidate a custody hearing with an issue of unpaid alimony, Please be advised that Mr. Wells objects to any consolidation. Specifically, there has been petition filed regarding unpaid alimony nor do I believe that issue is proper before this Court. Thank you very much for your consideration regarding this objection to Ms. Lindsey's request. , Esquire MG/ts cc: Richard Wells Carol J. Lindsey, Esquire I' ff? , . , on,"n'~' := II r. n I' ~ u 1 t ~ : ' L STATE OF SOUTH CAROUNAJ I' d J J~JHE FAMILY COURT FOR THE AN J i 02 A'EL~ENTH JUDICIAL CIRCUIT COUNTY OF LEXINGTON ) 1iiot.. ): .'.f~ET NO: 93-DR-32-0420 ~ . .) I ':tl n~ ) ) ) ) ) ) ) ) ) Linda H. Wells, Plaintiff, ORDER OF SEPARATE SUPPORT AND MAINTENANCE vs. Richard A. Wells, ~ PETmONER'S I EXrlBIT ,I' no . . ~ Defendant. Date of Hearing: Presiding Judge: Attorney for Plaintiff: Attorney for Defendant: Court Reporter: November 16, 1993 Frank W. Rogers, Jr. W. Lisa Brink Leigh Ballenger Sellers Julie A. Corbett THE ACTION This matter comes before me on merits hearing on Plaintirrs complaint. This action was commenced in February 1993, upon the filing of the Summons and ComJllaint by the Plaintiff, seeking an order of Separate Support and Maintenance. Prior to taking any testimony, counsel infonned the Court that the parties had reached an agreement which was evidenced by an unexecuted settlement agreement. The sworn Financial Affidavits of both parties were in the file and before the Court. Plaintiff was present and represented by counsel. Defendant was unable to travel from Pennsylvania for the hearing as scheduled. but was represented by counsel and authorlzcd said counsel. by letter. to enter into the agreement on his behalf. Defendant's counsel also infonned the Court that Defendant was available by telephone shauld any questions arise. Both counsel ;p for Plaintiff and Defendant attested to the fact that the settlement had been negotiated over many months and both paries had been involved at each stage of the negotiations and authored much of the agreement. FINDINGS OF FACT AND CONCLUSIONS OF LAW Based upon the filed pleading. the parties' sworn Financial Declarations, the representations of the respective counsel, and testimony of the witnesses. all which were heard and carefully considered by me, I make the following findings of salient facts, along with the appropriate conclusions of law. A. Jurisdiction and Venue 1. Plaintiff is a citizen and resident of the County of Lexington. State of South Carolina, and has been so for a period of more than twelve (12) months prior to the commencement of this action. Defendant is now residing in the State of Pennsylvania. 1be parties last lived together as husband and wife in Lexington County, South Carolina. 1be residency requirement of S.C. Code AM. '20-3-30 (Sup. 1990), has been fully satisfied. 2. The parties were lawfully married to each other on March 3. 1984. and of this marriage three (3) children have been born. to wit: Cameron Wells. DOB: 10-8-84. Phillip Wells. DOB: 2-1-86, and Preston Wells. DOB: 2-4-89. 3. Plaintiff asks for an Order of Separate Support and Maintenance. Thus. this matter affects the marital status of the parties and is properly before the PamIly Court. S.C, Code AM. 120-3-130. 2 4. Accordingly. Ibis Court has jurisdiction over the parties and has subject matter ofthisaction. Rule 16. SCRPC; Mal v. Ariat. 295 S.C. 46.369 S.E.2d 146 (Ct. App. 1988); and Brown v. Brown, 295 S,C. 354, 368 S.E.2d 475 (Ct. App. 1988). 5. Since the parties last resided together as husband and wife in Lexington, . South Carolina, the proper venue for the hearing of this matter is in the Family Court. presiding in Lexington County. S.C. Code Ann. UO.3.6O(c) (Sup, 1990). B. Al!reement Between the Parties 6. I find that the parties are aware of the financial condition of each other; that both parties have had the benefit of counsel and are satisfied with such representation; that both parties believe the agreement to be fair and equitable under the circumstances; and that both parties wish the Court to approve the agreement and make it an order of the Court. 11 7. I find that Defendant participated fully in the negotiation of the agreement and reviewed the same with his attorney prior to deciding to enter into the agreement. 8. I find that Defendant desired to be bound by the tenns of the unexecuted agreement and authorized his atlorney to infonn the Court as to his wishes. 9. I find that each party understands the agreement as exhibited in the attached document; both parties entered into the agreement voluntarily and without force. coercion, or duress; and that neither party was under the innuence of drugs or alcohol at the time of consenting to the agreement. 10, I find that based on the Financial Declarations and the pleadings that the un-c:xecuted agreement reached by the parties and attached and incorporated by reference herein is fair and eqUitable under the circumstances and Is in the best Interest of the parties. 3 . . . . .. 11, Therefore, the agreement between the pal1ies as evidenced by the attached unexecuted copy is hereby approved and incorporated into the Order of the Court. 12. 1 find that the Defendant was ordered to deposit a retainer of $1,500.00 with the Guardian 111 lilml to cover fees and costs of the Guardian's investigation. The . Guardian made a detennination that the work to be perfonned would not require such a sum and billed defendant for the time spent. Defendant has paid $202.25 towards the fee of $307.78 13. I find that Defendant shall tender to the Guardian Il1lilml Paula McDonald $105.53 within 30 days from the date of this order. DISPOSITION p:4- Based upon the findings of salient facts and conclusions of law. as were made and set forth hereinabove. it is hereby ordered: 1. That the attached Settlement and Property Agreement is hereby accepted and incorporated into the Order of this Coul1. 2. That the parties are ordered to live separate and apart. . IT IS SO ORDERED. ra Judge of Family Co Lexington County Do"" ... ~ da, .r Y'U'd If.lbs. welll.order . 199fr" 4 STATB OF SOUTH CAROLINA I I COUNTI OF LBXINGTON I Linda B. Welle, Plaintiff, ORIGliJAL -" 'f; ~ ~ 0'" r- .' G." tI' r.;;.I\.,.... IN THB FAMILY COURT I I I I I I I I .' oj . ...."0 . 'l.,...:"~ :l"'~~ :Pop,""' ()~\ vs. PROPBRTY SETTLEHBNT AND SEPARATION AGREEHBNT 93-DR-32-420 Richard A. Hells, Defendant. WHEREAS, this Agreement is made and entered into by and Linda H. Wells, hereinafter referred to as "Wife" and Richard A. Wells, hereinafter referred to as "Husband"; and WHEREAS, the parties above-named are now or formerly residents of Lexington County, South Carolina; and WHBREAS, the parties acknowledge there is an action presently pending between the parties in the Family Court of the Bleventh Judicial Circuit; and WHEREAS, the parties were lawfully married on March 3, 1984; and WHEREAS, three (31 children were born as a result of this marriage, namely, Cameron, Wells, DOOr 10-8-84, Phillip Wells, DOli 2-1-86 and Preston Welle, DOOr 2-4-89; and WHEREAS, the parties have experienced certain d~.tia difficulties, in consequence of which the parties desire and are in the process of living separate and apart; and have lived separate and apart with no cohabitation since the 31st day of January, 1"3, and . WHBRBAS, each of the parties in anticipation of their . reconciliation or divorce, now desire to fix and detemne the custody, child support, equitable distribution and'alimony, and CoP ~ ~ .- ~ ...<\ / '2> parties become legally separated or the marriage should be dissolved, and WHEREAS, both parties have chosen their own legal counsel . concerning the matter of this Agreement without suggestion on the part of either party as to which counsel to retain, and WHEREAS, the terms and provisions of this Agreement as set forth below have been negotiated by the patties and each represents to the other that they understand the Agreement and know the ramification of their actions and that each considers the provision of the Agreement to be fair, reasonable and equitable, and the parties have represented to each other that they desire to be bound by the provisions of this Agreement and in binding themselves, they bind also their respeotive estates, their heirs and assigns to the enforcement of these provisions, and WHEREAS, the parties further represent that they have made a full and adequate disclosure to each other of their respective property interests and financial considerations and that this Agreement is being entered into by the parties with full knowledge on the part of each as to the extent and probable value of the estate of the other, and the parties further represent that they have not willfully withheld or concealed any assets, source of income, or liabilitie. not represented in their respective financial declarations attached to thi. Agreement. NOW, THBREFORB, in consideration of the mutual promise. and conditions herein contained, and in consideration of the sua of . Ten and 0/100 ($10.00) Dollar. each to the other in hand paid, the receipt and sufficiently of which is hereby acknowledged, and for visitation with the parties' minor children. 6. The Husband shall have reasonable visitation privileges with the minor children, upon giving the Wife ten (10) . days advance notice of his intention to exercise such rights. In the event that the parties are unable to agree on reasonable visitation, either party shall be at liberty to apply to any Court of competent jurisdiction for a definition of reasonable visitation. 7. Should the parties come to an impasse and be unable to agree as to visitation times, the Husband shall have the following rights with the minor children, subject to the conditions set out in Paragraph 5 above: Thanksgiving: In the odd years, the Wife shall have the minor children for Thanksgiving Day and in the even years, the Husband shall have the minor children for Thanksgiving Day. Christmas: Christmas holidays shall be split equally, with the Wife having the children from their last day of school until December 25th at 6:00 p.m. in odds years and the Husband shall have the children in the even years from their last day of school until December 25th at 6:00 p.m. The Husband shall have the children from December 25th at 6:00 p.m,. .until 6:00 p.m. on the day before the children commence school in odd years and the Wife shall have the children in the even years from December 25th at 6:00 p.m. until 6100 p.m. on the day before the children commence school. . ' Summer Visitation 1 Husband shall hlve the children for three (31 weeks during the summer, provided. howevsr that out '. of the three weeks, only two weeks shall be consecutive. The Husband shall provide the wife with at least sixty (60) days written notice of what two weeks he wishes to exercise his . visitation with the children during the summer. Special Daysl The Husband shall have Father's Day with the children and the Wife shall have Mother's Day with the children. 8. Husband shall be notified of and allowed to attend school functions, athletic events or church specials involving the children, subject to the conditions set out in Paragraph 5 above. 9. Coordination of Visitation 1 Holiday, special events, and summertime scheduling provided hereinabove shall temporarily interrupt and supersede the normal visitation provided herein provided, further, at the conclusion of such holiday, special event, or summertime visitation, the normal visitation, shall be continued as if such normal scheduling had not been interrupted. No make-up aays shall be required, unless agreed to by the Husband and Wife. 10. TransDortationl It shall be the responsibility of the parent who is to receive visitation to pick up and return the children from and to the other parent's home, eltcept as other specifically provided hereinabove. 11. TeleDhone Accessl The Husband and Wife shall each have reasonable telephone access to the children while they are in the physical control of the other parent. SpeHfically, the Husband shall be entitled to telephone the children two tillSs · week at 6:30 p.m. and the Wife shall be entitled to telephone the children two times a week at 6130 p.m. when they are in the physical possession of the Husband. The children shall also have reasonable telephone access to both parents at all reasonable . times. Neither parent shall abuse this privilege or allow the children to abuse this telephone privilege. 12. Other Vi,itationl The visitation set forth hereinabove shall not preclude other and further visitation, or an alteration of modification thereof, so long as the parties mutually agree thereto. 13. The rights of visitation expressed in this section shall not be exercised by Husband at any time or in such a manner as to interfere with the education and normal social and school activities of the children. Neither Husband or Wife will expose of the children to an overnight companion of the opposite sex not related by blood or marriage. 14. 'l'h", parties may Ireely agree to any different arrangements for exercise' of the visitation rights of Husband, from time to time, as future circumstances and the welfare of the children may require, but no such substitute or additional privilege shall be deemed to amend this Agreement unless expressed in writing, duly signed by the parties. CHILD IUPPORT PBNDING DIVORCB IS. The Husband shall pay to the Wife the sum of One Thousand Two Uundred and no/ 100 ($1,200.001 on the first of the month after signing this said agreement and continui~g on the firet . of each month thereafter as and for child support for the care, maintenance and support for the parties' three (31" pinor children. Upon the occurrence of ons or more of the following contingencies, the obligation of Husband to pay child support shall be subjeot to review 1 . Upon the death ot a child, Upon the marriage of a child, the then existing monthly support payments shall be reduced by that child's proportionate share. Upon the event a child enters the military service, the then existing monthly support payments shall be reduced by that child's proportionate share. Upon a child becoming self-supporting or otherwise being emancipated under the law of the StaLe uf South Carolina. Upon . a child obtaining the age of eighteen ( 18) years, or graduating from high school, whichever occurs later, provided, further, in the event said child is then enrolled in high school and actively pursuing a high school degree, said child support shall continue to be paid by Husband to Wife until said child receives a high school degree. Upon Wife ceasing to have full legal custody of one of the minor children, the then existing monthly support payments shall be reduced by that child's proportionate sh~re. 16. Child support payments by the Husband I18Y be increased annually if and as mutually agreed by the parties in writing. The parties further agree to recalculate the Husband's child support obligation annually, with the HusbancJ'" child support obligation based upon the South Carolina Child Support Guidelin... ALlMON! UD CRILD SUPPORT PENDING DIVo.p 17. Until such time as a Decree of Divorce has been issued between the parties, the Husband agrees to pay to the Wife a set monthly amount of alimony and child support in the total . amount of One Thousand Nine Hundred and Fifty ($1,950.00) Dollars on the first day of each month. This amount is determined based on the Husband's income of approximately $60,000.00 and the Wife's income to be determined once she has obtained employment. 18. The Husband shall pay this set monthly sum of One Thousand Nine Hundred and Fifty ($1,950.00) Dollars per month, through automatic deposit, so long as the parties remain married during the year 1993. CHILD SUPPORT AFTER DIVORCE 19. Upon an issuance of a Decree of Divorce by a Court of competent jurisdiction and commencing on the first of that month immediately following the Court's date of issuance of said Decree, and continuing on the same date of each consecutive month thereafter, Husband shall pay directly to the Wife the child support for the maintenance, support and ecucation of their minor children, with the said amount of child support to be calculated by a Court of competent jurisdiction, based on the Child Support Guidelines in use in this jurisdiction. RBBABILITATIVE ALlMON! AFTER DIVORCB 20. Should the parties become divorced, Husband agrees to pay to Wife the sum of Seven Hundred Fifty and no/100 ($750.001 .. Dollars per month "R ,,1 \II'OI1Y for " period of ,forty-eight (48) consecutive months, so long as the wife doe. not remarry nor cohabitate with any adult member of the opposite sex or until the . . death of the Wife. For the purposes of this Agreement, "remarriage" shall be defined to include marriage as defined under the statutory laws (marriage which follows all statutory . requirements of licensing, waiting period and which has been solemnized before an official, religious or civil, capable of presiding at the marriage I of any state as recognized by the State of South Carolina, and common law of the state of South Carolina or other state where entered which shall include but is not limited to common-law marriage or cohabitation as defined by the appropriate State. 21. The Husband also agrees to pay for the wife's college tuition and expenses in order for Wife to obtain a two year degree at any reasonable institution. MEDICAL/HEALTH/DENTAL INSURANCB COVBRAOI 22. Husband and Wife agree that Husband shall provide and maintain, through lIusband's employment, comprehensive health and hospitalization insurance, with a major medical rider, insuring all of the children of the parties through the children's minority and until they become emancipated or complete their college education, whichever is later; provided, further, Husband and Wife agree to cooperate with one another in exchangi~~ the necescary insurance cards, insurance information, and claim forms, and in the claim process, as may be necessary from time to time. 23. Husband and Wife agree that each shall pay one-half of the minor children's reasonably, necessary unpovered medical, dental, orthodontic, ophthalmologlet, psychological, hospitalization, drug and other health related e.xpens.. for the minor children throu~h ~Anh of the minor children's minority. The parent who is obligated hereby with respect to uninsured expenses shall be consulted and his or her consent be obtained before any . unnecessary or elective health care costs, such as orthodontic care, cosmetic surgery, or the like shall be incurred. This consent shall not be unreasonably withheld. Should health care costs incurred for the minor children be advanced by the parent not obligated to pay such health care costs, then and under such circumstances, the parent so obligated to pay such health care costs shall reimburse the parent who advanced such cost upon receipt of proper documentation by making immediate reimbursement. 24. The Wife shall file all necessary insurance claim forms herself and the Wife will provide the Husband will copies of the Bxplanation of Benefits from his insurance company, verifying what the Husband's one-half share of the uncovered expenses for the children will be. The Husband shall provide the Wife with any and all documents and/or claim forms necessary in order to file the claim forms with the Husband's insurance carrier. The Husband shall pay the Wife his one-half share of the uncovered health care expenses relating to the children within ten (101 days of the receipt of the Explanation of Benefits from the W~~e. 25. The Husband agrees to maintain medical insurance for the Wife until the filing of a Final Decree of Divorce. The Husband and Wife further agree that the Husband's obligation to provide lIedical insurance for the Wife shall. cease upon the parties' divorce, should they become divorced. . LIrI INIURARCI . . 26. The Husband shall maintain his life insurance in the as trustee minimum amount of $350,000.00 with for the minor children as beneficiary and shall provide the wife . with annual verification of this insurance coverage. MARITAL REBIDENCI 27. The Husband agrees to pay one-half (1/2) of the monthly mortgage payment directly to the Wife, so that the wife may be able to pay the monthly mortgage payments on the house at 230 cumberland Drive, Lexington, South Carolina, until the said residence has been sold. The wife agrees to provide the Husband with verification of the amount of the monthly payment concerning the mortgage. Further, the parties agree that the said residence shall be sold after the completion of the 1993-1994 school year and after the payment of the necessary closing costs, payment in full of any existing mortgages, the net profits will be given to the Wife. 28. The wife shall be responsible for the monthly payments and expenses relatinq to the former marital residence, including monthly mortgage payments and utility expenses. Wlrl'8 PURCBASI or NEW RlSIDENCI ~D 29. Husband agrees to pay the moving e~penses of wife . and children to pennsylvania through his employment, includinC) closing costs of the new house~ van rental, moving expenses, and storage expenses. BOMB COKPUTIR . . . 30. Husband agrees to purchase a home personal computer of the wife'S choice for Wife at a cost not to exc~ed One Thousand Five Hundred and no/100 $1,500.001 Dollars'if the wife does not receive the net equity of $13,000.00 concerning the sale of the former marital residence. . COLLBGB EDUCATION rOR MINOR CHILDRER 31. The parties agree that each party should be responsible for one-half of the minor children's college tuition and expenses. TAX CONSIDERATIONS 32. Husband and Wife agree that the Husband shall be entitled to claim, for state and Federal income tax purposes, the minor children as his dependents and exemptions in all tax years in which the parties file separate Federal and state Income Tax Returns. 33. Husband shall be entitled to claim the child care expenses which he or she pays on behalf of the children. 34. The parties agree to sign and file tax returns consistent with the above terms and conditions, and in the event that either or both of them breaches the tax terms hereof, the party so breaching this Agreement shall indemnify and reimburse the other party for any and all tax losses, penalties, interest and all assessments with respect to such non-breaching party's tax filing. . . 35. The child support, family support and equitable distribution provided hereinabove shall be non-deductible to the Husband and non-taxable to the Wife for state and Federal Income Tax Purposes. DIVISION or PROPBRT! 36. with the exception of the matters~ereinbelow set forth, the parties have heretofore made a division of property (real. personal, and mixedl, acquired during their marriage which properties each of the parties does now retain in his or her . exclusive possession. The parties hereby acknowledge that they are each in exclusive possession of the separate and marital properties to which they are entitled, with the exception of the hereinbelow listed in the attached schedule "A", and hereby release and relinquish any and all right, title and interest, including but not limited to all title, special equity, trust, and equitable interest, in and to the personal, real and mixed property of the other. Further, the parties each release and relinquish any and all right, title and interest, including but not limited to all title, special equity, trust, and equitable interest, which each may have in any and all other property (real, personal or mixedl, monies, checking and savings accounts, stock, bonds, certificates of deposit, money market funds, investment, interest in business ventures of any nature, r~tirement funds and annuities, educational degrees, businesses and occupations, and any and all properties owned by or in the name of the other, and the remaining marital and separate property shall be equitably divided and their respective legal and equitable vested rights partitioned as follows. DEBTS AND OTHBR OBLIGATIONS 37. The parties agree that they will not hereafter incur any bill or obligation for services, property, of any other matter in the name of the other except upon prior written. agreement of the other party. Bxcept as i. otherwise provided in this Agreell8nt, the R~sband and Wife ehall be responsible, respectively, for hi. or '" her own living expenses, and other debts incurred subsequent to the date of this Agreement. 38. Husband and Wife hereby agree that wife shall pay . and be solely responsible for personal debts and expenses incurred by her fz:om . 39. Husband and Nife hereby agree that Husband shall pay and be solely responsible for personal debts and expenses incurred by n1m from . 40. Husband and Wife shall, upon the execution of this Agreement, return each to the other, any and all credit cards in the name of the other party, and shall make no new charges thereon as of the date of this Agreement. 41. Husband agrees to indemnify and hold harmless wife from any liability she might incur, including reasonable attorney's fees, due to any business transaction of the Husband's, which was entered into pLior to the date of Lhill AgLeelllent, including, but not limited to, tax liability related to any banking institutions. 42. wife will not hereafter incur any liability whatsoever upon the credit of the Husband. 43. Husband will ~ot hereafter incur any liability whatsoever upon the credit of Wife. ATTORNBI'S FlBI 44 . Bach party shall be responsible for their own attorney'. fees and costs in connection with this pending action in the Lexington County Family Court. . ' IJtBCU'lIOH or NICIISAR! INSTRUMENTS . 45. The parties, and each of them, shall hereafter . execute all instruments necessary to carry out the terms of this Agreement. BINDINO ZFrECT or AGREEMENT . 46. This Agreement shall be binding upon signing, on the parties .and their respective heirs, executors, administrators, assigns and shall in all events be construed under the laws of the state of South Carolina. MODIrlCATION OF AGREEMENT 47. The provisions of this Agreement and subsequent Court Order shall not be modified or changed except by mutual consent and agreement of the parties in writing. 48. A modification of any provision of this Agreement shall be effective only if made in writing and executed in the same formality of this Agreement. The failure of either party to insist upon strict enforcement of any provision of this Agreement shall not be construed as a modification of any subsequent default of any similar nature. 49. If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. This Agreement contains the entire understanding of the parties, and no oral statement or prior . . written matter shall have any force or effect upon this Agreement. The parties confirm that there are no representative, warranties, covenants or undertakings other than those expressly set forth herein. . NITNESSBSI . LINDA H. WELLS RICHARD A. WBLLS , . - A. SETTLEMENT STATEMENT U.S. DEPAR1"ENT OF HOUSING AND URBAN DEVElOP"ENT = PETITIONER'S I E~181T . 2502-0265 ~. TYri'OIlOAN ~ i ~ ~~~.. JJ~~~:~'I~!.fT:v~~"-::t_~I~~.NU":~~~~ 7. lOAN HU~~~~09 8. HORTGAGE INS CASE NU"8ER C. l~lE:'hil for. il fur"ilhod 10 Qlv. you . 1111..onl of .etu.l I.ttl..."t eOltl. ADOu"t. paid to and by the .ottlete"t agO"t .ro lhaw". 11..1 ..rkod "tPoCl" ..r. paid oullld. tho eloling; they are .haw" here for inforlltlanal purpo.e. and aro nol indudod I" Ih. tolall. 4.0 05-94 (4/STU"80) 0, N~"E ~ND ADDRESS"ofiiORRoWiii-"'" .. f.'NM(ANOAOORESS OF SEllER F. NA"E AND ADDRESS OF lENDER DouQl.. N. Sluobo .nd Anne B. Stullbo 230 cuoborland Driv. l..inglan, SC 29012 Rleha,d Allen u.lll .nd llnda loull. u.lll Hldla"d HortOago corporation 1500 Riehland Street Coluobia, SC 29201 1. SETTlEftENT DATE G. PROPERTY LOCATION .--.-.-.----- it:' SETTLEHENT AGENT 230 Cuobfrl.nd Drlv. Hark A. S.lth L..lnglon, SC 29012 Soptetber 1, 1994 PLACE OF SETTlE"ENT 2008 llarlon Str, SuIte H ColUlbia, SC 29201 J. SUHRARY OF BORROWER'S TRANSACTION 1OQ, liRQ1LAIlWltT PUE.I~QIl_BO\IEL ---..--- 1m . .Cll"ltlH.Jtlnlt1 U. ..-' ..... -- -' .-- .- TOZ. PerJOllIUrOlltrtY. ............--. TOl ~.llltllt.nL rnltlltUU/slWlllU.. .11M Jj!lQ T04, HI~ 1 ndo Sur 0 Rolo 175 000.00 11 403.00 ., - -------....---- ~dIU'I't."" tOr Ilf)/town u_n <Jlmt, '._93 v!~ ..,'o.\~.tl\\' \ li.laliiiiuUtr.J .10. .Ill--.. ...- to. . IS own tax , , , , ~I ,,'): H)'r !I~ 111. 112 '10 bROSS ~M)UH' . .o'_""'__^"" _..__...._~ -- _...__._---~_. ._- .-----.--..---- 186,403.00 DUI IRON BORROIIlR xeel' d s~t e i".tructi zoo. NlWlIU rAUl. IT O!JlI.IWIJ...OLJOllROllIR lQ'. 011>911\ gr.JlfOU\ JIllI!llt..~.-..... lOl, Prto\11II1 .1lNlI1 01 nlll IllIIIU1......-..... lOI ,.'llInG l\llffiltl tl~tn JIll1.ltsL~... .-.". ZQI" lQ) l!X>. Z01 loo. 20'1 7 1 Ki,; loans taken sub ct to 4 pa ff of letond tOr e loan ..--...--.---.--- 509. un id . r Ad' 0 eonto for it l1Q, lIT, m. m. lH. l1~ l10. l\1 lIe /1'1 MlYiiHnuJoL1t ~ltt/llM1.IUlL-..- to \0Il!I\u.""._..Q1:ll1:~ -9 AttUJltlllL ....~.._- .....Jo COUll tOM 0 -01-94 -94 1 -_.,-~._.._----"-- .--~....-,.--..._.- ---....-- __~ _...._.u__.__~____ Va r ow r bil . f V -. ..._------- 179,730.114 .-.....-....---.----. TOTAL REDUCTION AROUHT DUE SELLER CASH AT SETTlEREHT TO/flOR SEllER 1611,549.64 ...'.'ll 179,730.114) ';6n.16 *-I{ od ';;;:'010 \" r Le" redUction. due .eller SETTLEMENT STATEMENT PAGE 2 L. SETTLEMENT CHARGES lOO~.. r rs Co.. II ef~ oa L.II D. lit R. .tned 1 000.00 PAID FROM BORROYER'S FUNDS AT PAID FROM SELLER'S FUNDS AT T 00 . ric. S 175 00 6 ??oo X = 10 00 00 701. 61 R.. 7 C ..1 . 704. ~01 902. ''1Q3 904. 905. 1000. 1Q!21, 1002, ',m, 11004, l1rYi< '1006. 11m7 1008. 1100. I" \1 1102. 11" ~!l& "0' 1106. H07. 1. L .n Ori in. t idl.nd Kort . . Cor . ion e!lZ ~l'i'r.l..l F to id.nd Kor . Cor r. ion llQ!,.J r 60~. ender' ns ; n Fee to ~. Mortaaae Ins. ADO. fee to 6O..1~Auu ion F t ~ !WI. Und....r i id .nd Kor r. i ~~ 81,. 900. ITEMS RECUIRED 8Y LENDER TO BE PAID IN ADVANCE ,It 'day! day. 6.5 1 _.h. .n """ 1 y..r. to Elli.on In.ur.nc. 'n 1 0 POC S 75 7 Interest fro. ~~ _Mortg~g~ H!l~rd Insurance Pr~iu. 1ftr 1n1 ,. 446"" RES<RVES DEPOSIT Ho;;;:;ifn Kortaaae insurance C I ..... Count" taxes A Y'TH I<ND , n _.h. 2.0 _tho _.h. 11.0 _thl _.h. _'h' " . a S " . " S " " " a S U 17 _. _.h 101 14 "'r _th .... _.h 162.AA nor -th .... _th -r _th ...._.h per _th 74 "- '"'.'8 1 7"9.48 _tho TITLE CHARGES n. ',;;..- Abstract or t;~e search T"" ,~ Title insurance binder tn w.10~. Nota~ fees A '. ,... ( 1 ne lude. above it.., nullber. ~ Ti'" . 'n (includes above itea' """'reo llm~r'. t- 1M Owner's c"verane S 1~ . CORi..... b:Qress fee to ..nl.nl Tit'. Cn.n . ....h ... ><m 7~m '0 .... ~ 4 -. Itl. [0.0. uIi:,. 1 1109 11110' ,1111 \ 1112 ~111J j1200 GQ~~HFNT 1,1201 Rtcord;~ f...: need S 10JiO :;;;;jot...... 1600 'R. ..... S ,'1202. Clt.0countv..x n..... '[1203 Statt u./st.-I: Deed S 647.50 . ""rt..... 11204 _ .R~cord nl.. · ...;nn_. .n ,."_''''' taunty T....."r.. ~205. Record E.....nt to L.xington County Tr...urer 1300 ADDITIONAL S<TT EMENT CHADr." l'Ol,~~ 1302. P~st lnsftection 1'0': H....~ · K1. 1304. HoMeOWners A..ociation Duel 1305. See Ekh;bit at '.0 , n tn >0... ...,h .. to Mark '. S.ith P .A. ~ ."m 14,00 ""'6-m ~OO 61.7.50 11m 10.00 ... m 7~.1Yl 7. m 41 ., " 295 .00 4,n4.15 3,840.n 17,258.87 .n 1In< 'n. to Corder Pe..t [ftI'ltrol 'n ..._.... I .i. to C.rri... Hill Lak.. Additional Di.burseaents 1400. TOT'L SETTLEMENT CHARGES (Enter On Lin.. 103, S.ction J and 502, S.ction Kl By "goIng page 1 of this Itate.ent, the signatories acknowledge receipt of . ~leted copy of peg. 2 of th,s 2 peg. ItateMent. (4/STUMBOl Certified to be a true copy Tak Proration based on l.,t yr. tl. bill /yb;:' Ma.k A. ~.ith S.ttleaent Agent ADDITIClW. DISBURSEMENI'S EXHIBIT Buyer/BOrrCMlr: Douglas H. StWTtlo and Anne B. StWTtlo Seller: Richard Allen Wells and Li.nda IDuise Wells Lender: Midland It>rtgage Corporation Settlsnent Agent: Mark A. Smitn 2008 Marion Str, Suite H Colwrbia, SC 29201 Settlement Date: 09-01-94 Property Location: 230 CImtlerland Drive Lexington, SC 29072 Description/Payee (803)779-7935 Note/RefNo Buyer/BOrrower Seller p."..1 rs To: Dorenus Repairs & Renovation Inspection Letter To: AmeriSpec Halle Warranty To: AmeriSpec Pool Inspection To: Acquarian Pools 1992 Taxes To: lA!Ixinqton County Treasurer Balance of 1993 Taxes To: Lexinqton County Treasurer Total ackiitional disbursements shown on line 1305 (Nwtbers in (brackets] are Paid Oltside Cloeinq) 720.00 200.00 330.00 95.00 2,285.73 1,438.42 $295.00 $4,774.15 (4/S'IUIBO) BUYER/SELIER CERTIFICATICN Buyer/BOrrower: Douglas H. StllllOO and Anne B, StllllOO Seller: Richard Allen Wells and Linda Louise Wells Lender: Midland Mortgage Corporation Property Location: 230 CUnDerland Drive Date: Septenber 1, 1994 Lexington, SC 29072 APP'lliE BUYER....~ ~"""~!S ~~~VE~, REVIE.WED AND ~~JllE ~S EARnG ...... 'lliE DI~URE/S..u...,.'"",u S'm.""'",,,u CS'mTEMENT OF ............. .....,TS), CDffiISTm:; OF 'M) (2) PAGES. BUYER ACIQUo/IEOOES RECEIPI' OF 'lliE PAYMENT OF 'lliE lOAN PPf'r1nmS ILrug..l..SID SELIER ACKl'D/IEIX;ES PAYMENT IN FULL OF 'lHE ~ IXlE SELIER FR!:M 'lliE SC'1'l~r. 'lliE BUYER AND SELIER UNDERSTAND 'lllAT 'lliE TAX PRORATICNS SlDIN CN 'lliE SE'l'I'IDlENT STAmlENT ARE BASED CN 'lliE PRIOR TAX PER!QI>S RAmcS). 'lliE BUYER AND SELIER AGREE 'ID AIlJUST 'lliE 'I2\X PRORATIOOS SlDIN CN 'lliE SE'I'l'I.>>IENT S'm'ImENI' WHEN 'lliE ACIUAL AlJVAI.DREM TAX BIIL IS RENDERED. SELIER AGREES 'ID FORWARD 'lliE NEXT TAX BIIL 'ID BUYER DtolEDIA'IELY UPCN RECEIPI' OF 'lliE BIIL FR!:M 'lliE TAX OFFICE. BUYER UNDERSTANDS 'lllAT 'lliE NEXT 'I2\X BIIL (EllEN 'lllW:;H IN 'lliE NAME OF 'lliE SELIER) IS 'lliE RESPCNSIBILITY OF 'lliE BUYER, SELlER lJNDERSTANDS 'lllAT 'lliE PAYOFF FIGURECS) SHGIN CN '!HE FIRST PAGE OF 'lliE SE:'l'IUMENr STAmlENT ARE FIGURES SUPPLIED '10 '!HE SE'l'l'IDlENr J\GENI' BY '!HE SELIER' S LENDER(S) AND IS/ARE SUBJECr 'ID crNFIRMATICN UPCN 'lENDER OF PAYMENT. IF 'lliE PAYOFF FIGURE(S) ARE INACCURAm, SELIER AGREES 'ID DtoIEDIA'IELY PAY ANY SIlORTJ\GE(S) THAT MAY EXIST. AS PART OF 'lliE CXNSIDERATICN OF '!HIS SAIE{ 'lliE CXNmAcr BE.'IWEEN '!HE PARTIES IS BY REFERENCE ~mo HEREIN AND MADE A PART HERFDF; '!HE 'IERMS AND <XtIDITICNS <XNrAINED '!HEREIN SHALL SURVIVE 'lliE CWSm:; AND SHALL wr MERGE UPCN '!HE DELIVERY OF 'lliE Wl\RRANl'Y IEED. I HAVE CAREFULLY REVIE.WED '!HE HUD-l SE'l'l'IDlENr S'mTEMENT AND 'ID '!HE BEST OF MY ~ ~~ JT~~ ~ME~~ STA~~OF IAIL1jRECE7.I~~ 'lllAT I HAVE IVED A lDPY OF mrr'll 7 #d~Jl //f,,'!, lr;l Richard Alle~ Wells /', ._~~ // .( . / ~--:/ (j( \..c.,'_-L/ , Linda IbUlse Wells \. '- 'ID'lliE BEST OF MY ~, '!HE HUD-l SE'l'l'IDlENr STAmlENT WHICH I HAVE PREPARED IS A 'lRUE AND ACCURAm ACCmm' OF 'lliE FUNDS WHICH WERE RECEIVED AND HAVE BEEN (It WIIL BE DISBURSED BY 'lliE UNDERSI~ AS PART OF 'lliE SE'l'l'IDlENr OF '!HIS 'l1U\NSAcrICN. ,4 P:(fc/ (3/S'IUB)) ~~l~t WARNm:;: IT IS A CRIME 'ID KlOlIK;LY MAKE FALSE S'm'lDefl'S '10 'lliE UNImo S'mms CN '!HIS m ANY SIMILAR PmI. PENALTIES UPCN cnNIcrICN CAN llOlJIE A FINE AND IMPRI&H4ENl'. R:R IEI'AIUl SEE: TITIE 18 U.S. an: SEcrICN 1001 & SEcrICN 1010, STATE OF SOUTH CAROLINA -', .' ) ., ) I COUNTY OF LEXINGTON (' ) .' , \ ) Richard A. Wells, - ' ) . ~' ) Plaintiff, ) ) -vs- ) ) Linda H. Wells, ) ) Defendant. ) ) . IN TIle FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT I DOCKET NO: 94-DR-32-0SI3 '. . - . '. FINAL DECREE OF DIVORCE , = PETITIONER'S 'EXHIBIT ~ II~( c If ~1(S -.... m CD lO.. '1 - c: V1 11 ..' ? :J . u. ..... Dale of hearing: November 22, 1994 Presiding Judge: Frank W. Rogers Attorney for Plaintiff: Leigh Ballenger Sellers Attorney for Defendant: Lisa Brink Court Reporter: DIE ACTION This action was commenced by the filing of a Summons and Complaint requesting a Final Decree of Divorce and other relief. The Defendant filed an Answer and Counterclaim. Prior to receiving any testimony in this case, counsel for both parties informed the Court that the parties had resolved all issues and would like to state their agreement for the record. Plaintiff appeared represented by his attorney, Leigh Ballenger Sellers. Defendant did not appear but was represented by her attorney, Lisa Brink who was given authorization to enter into the agreement on her behalf. fiNDINGS OF FAL'T AND CONCLUSIONS OF LAW Based upon the filed pleadings, sworn testimony presented, and the representation of counsel all of which were heard and carefully considered by me, I make the following findings of fact and conclusions of law. 1. Plaintiff is a resident of Reading, Pennsylvania, who last resided with the Defendant as husband and wife in Lexington County South Carolina. Therefore, venue is proper in Lexington County. 2. TIle Defendant lives in Pennsylvania at this time, but at the time of the commencement of this action had lived in South, Carolina more than one year and continued to live here afier commencement of this action for almost six months, Therefore, the residency requirements of S.C. Code Ann f 20-3-30 (Supp. 1990) are fully satisfied. , 3. As the parties are now sepPllted and Plaintiff seeks a Decree of Divorce this actions concerns the alteration of their marital status and hence constitutes marital litigation. 4. Accordingly, this Court has jurisdiction over the parties and the subject matter of this action. Rule 16, S.C.R.F.C,; Ariel v. Ariel 295 S.C. 46, 369 S.E.2d 146 (Ct. App, 1988); Brown v. Brown 295 S.C. 354, 368 S.E.2d 475 (Ct. App. 1988), DIvorce 5. The parties were lawfully married to each other on March 3, 1984, and of this marriage three (3) children have been born, to wit: Cameron Wells, DOS 10/8/84, Phillip Wells, DOS 2/1186, and Preston Wells, DOB 2/4/89. 6. That the parties separated on January 31, 1992. and have lived separate and apart without cohabitation since that time. 7. That as a result of the foregoing, Plaintiff is entitled to a decree of divorce a vinculo malrimonii on the statutory ground of one year's continuous separation pursuant to S.C. Code Ann. 120-3-10(5), Atreement 8, That the parties above were involved in prior domestic litigation before this Court which resulted in an Order to live separate and apart. Wells v. Wells, Docket No. 93-DR- 32-0420 (Attached). 9. 1bat this Order was executed by the Honorable Franlt W. Ragen, Jr" on January 14, 1993, and approved an Agreement entered into by the parties which resolved the issues contained therein. 10. That the parties have agreed to modify the Property Settlement and Separation Agreement which was incorporated into the Order of this Court January 13, 1993 as follows: " a. Paragraph 20 of the agreement provides for rehabilitative alimony for a period of 48 months after divorce. The parties agree that alimony shall run only for 42 consecutive months from December I, 1994. b. Paragraph 21 of the agreement provides that Husband will pay for Wife's college tuition and expenses 10 obtain a two year degree. The parties agree that this provision will only be enforceable if Wife is enrolled in the two year program within live (5) years from the date of this hearing. c. Paragraph 30 of the agreement provides that Husband will purchase a home computer of the Wife's choice at a cost not to exceed one thousand five hundred and nollOO ($1,500.00) Dollars if Wife did not receive the net equity of $13,000,00 from the sale of the marital residence. The parties agree that at this time, the Husband will provide Wife with his home computer purchased in November 1993 a Performa 430, 486 with 4MB of RAM, and 80MB of memory in lieu of purchasing a new one at this time as he does not have funds at this time to purchase the computer, Husband will purchase the computer of Wife's choosing as provided for in Paragraph 30 of the original agreement, when financially able, II. Child support and alimony are cunently paid directly to the Wife. In the event that Husband is five (5) days late under the schedule enumerated under the prior order, Wife shall file an affidavit with the Court stating such, and the Court immediately will issue its order providing for payments to be made though wage withholding from Husband's employer through the family court, along with the 3cx, service charge, 12, I find that the modifications are within the bounds of reason and fairness and approve the agreement reached between the parties. I1JS.mS1IWN 13, Based upon the findings of facts and conclusions of law as are made and set forth herein above, IT IS ORDERED: " I. That the Plaintiff is granted a divorce on the statutory grounds of one year continuous separation. 2. That the modifications to ~e agreement approved by the Court on January 13, 1993, as set forth in Paragraphs IO(a)-IO(c) are hereby approved and incorporated into this Final Decree of Divorce. 3. That both parties are barred from receiving alimony. 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II II" .. 1100.,.... 7........ ..,1D_dota,*- .............. ~- ........... ...Aml1ll1IdI1JJOre/ Microsoft OffiCE 4.2.1 Upgrade' BND 0605 (on dislrtttr) $~9 BND 0603 (CD-RON-no disn)........,..... ~" Microsoft omCE 4.2.1 CPmpetitiye Upgrade' (for CllrbWOlb owam) BND 0767 (on disltrttr) $ BND 0768 (CD-RON-no dislrs).............. 279 '.....-......,.,""'--,...._,.,.,..,.-- Microsoft omCE 4.2.1 BND 0604 (on disftttr) BND 0602 iCD-RON-no dish)................. '475 '...-..-".....,...--....-......",- ........--....",....-.--".--...", .....~,.rf.........,.. .....,......_ - . L _........-,...... ~""7.""'11fll... SUI.......... -.......~..-.. ...._-~ 1-800-255-8227 '''I' h' 1"lh, . STATE OF SOUTH CAROLINA IN THE FAMILY COURT FOR THE ELEVENTH JUDICIAL CIRCUIT COUNTY OF LEXINGTON DOCKET NO: 93-DR-32-0420 Linda H. Wells, Plaintiff, vs. Richard A. Wells, Defendant. The undersigned, having read the statement below, attest to the following: 1. That a closing on the formal marital residence took place on September 1, 1994. 2. That pursuant to the separation agreement approved in the above case, Linda Wells received net proceeds from the sale. 3. That Linda Wells, seeks reimbursement of a portion of the closing costs, in the amount of $850.00. 4. Rick Wells agrees to tender this sum by September 16, 1994. 5. Linda Wells agrees to accept 42 months of alimony instead of the 48 which she was to receive under the same separation agreement. Lin /1PffJ&7' R~chard Wells Date: 4-jo9lf ) "J' I t,. ' { I L/ ~( \n I JL " .J. I I II - Witness!) 1 r I ..(u "'~" (( j ;l.il.u'1--- IJt_f.{ ~Ht1U-..JlJ>h L Yt'f(' 1. ,) - 'J-I_('IY <)(. 1}1tt~ RICHARD A. WELLS, Plaintiff/Respondent : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 95-4B2 CIVIL TERM LINDA H. WELLS, DefendantlPetitioner : IN DIVORCE TO THE HONORABLE EDGAR B. BAYLEY: AND NOW, the PlaintifflRespondent aver the following in respon se to Defendant's!Petitioner's claim for back support: ~ Amount Amount Paid Short Fall/Overoavment June 1995 $1,950 $1,575 $375.00 July 1995 $1,950 $1,200 $750.00 August 1995 $1,950 $1,200 $750.00 .September 1995 $1,950 September 10, 1995 $ 900 September 24, 1995 $ 900 $150.00 .October 1995 $1,950 October 8, 1995 $ 900 October 22, 1995 $ 900 $150.00 .November,1995 $1,950 November 5, 1995 $ 900 November 19, 1995 $ 900 $150.00 .December 1995 $1,950 December 3, 1995 $ 900 December 7, 1995 $ 900 December 31, 1995 S 900 $1750.001 Total $13,650 $12,075 $1,575 . Wage attachment bi-weekly of $927.00 prorated as follows: $900.00 to former wife; $27.00 to South Carolina. w\wplk..." Austin F. Gro Attorney for P ai IU spondent 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 RICHARD A. WELLS, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. LINDA H. WELLS, DEFENDANT LINDA H. WELLS, PLAINTIFF 95-0482 CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. RICHARD A. WELLS, DEFENDANT 95-5084 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of December, 1995, a continuation of the custody issue and alimony enforcement issue shall be heard in Courtroom Number 2 at 3:00 p.m., Tuesday, January 2, 1996. Austin F. Grogan, Esquire For Richard H. Wells Edgar B. Bayl ,J. I Carol J. Lindsay, Esquire For Linda H. Wells :saa .~ LAW OFFICES FLOWER, MORGENTHAL, FLOWER & LINDSAY A PlOflllllONAL CllUOL'.1lON II EAST HIGH STREET CARUSLE, PENNSYLVANIA 17013-3016 JAMBS D. fLOWER ROGI!R M. MOROI!NI1IAL JAMBS D. fLOWI!R, JR. CAROLJ.IJNDSAY BIIITSOI .a MOROI!NI1IAL (19'/SoI\llS) fLOWI!R, KRAMI!R, MOROI!NI1IAL.a PLOWER (1985-199:1) (717) 243-5513 PAX: (717) 24J.6510 December 28, 1995 VIA HAND DEUVERY The Honorable Edgar B. Bayley One Courthouse Square Csrlisle, PA 17013 RE: RICHARD WELLS v. LI~DA WELLS CUMBERLAND COUNTY CCP NO: 95-0482 OUR FILE NO: 4615-95-01 Dear Judge Bayley: I am writing this letter as a request for a continuance for a continued hearing set for January 2, 1996 at 3:00 p,m, in Courtroom No.2. Perhaps you recollect that on December 15, 1995, these parties were before you on three narrow custody issues (transportation, Christmas partial custody, and the summer vacation schedulel and on Mrs. Wells' Petition to Enforce an Order for Alimony and a provision in the Marital Settlement Agreement. After our receipt of your Order of December 15, 1995, I contacted Stan Schneider, the witness we intend to call on the issue of summer custody. Dr. Schneider is unwilling to testify until he updates his involvement with the case by interviewing the three children once again. Furthermore, his schedule will not permit him to appear on Janusry 2, Additionally, as evidence of Mr. Wells ability to pay Mrs. Wells the missed alimony payments, we provided his employer with notice for records deposition. The records depOSition is due to be taken on January 15. 1996. That notice went out prior to receipt of the December 15. 1995 Court Order. Finally, Mrs. Wells is undergoing testing at Holy Spirit Hospitsl with the interim diagnosis of kidney stones. It is unclear at this writing whether Mrs. Wells will be avsilable on January 2. .' The Honorable Edgar B, Bayley December 29. 1995 Page 2 Because of these three reasons. I respectfully request a continuance to the latter part of January or early February. None of the issues before the court are of such immediate import that they require an immediate resolution, Nevertheless. Austin Grogan. who represents Mr. Wells. objects to my request. I am faxing him a copy of this letter before I hand deliver it to the Courthouse. Thank you very much for your consideration of this request. I enclose a proposed order, Very truly yours. FLOWER. MORGENTHAL. FLOWER a. LINDSAY ~ c'a-t; ~ Carol . Li say CJUsmr Enclosure cc: Austin F. Grogln. Esquire. via Flcslmlle - -. RICHARD A, WELLS. PLAINTIFF IN THE COURT OF COMMON PLEAS OF C~MBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW V. LINDA H. WELLS. DEFENDANT 95-0482 CIVIL TERM LINDA H. WELLS. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. RICHARD A. WELLS. DEFENDANT 95-5084 CIVIL TERM j ORDER OF COURT AND NOW, this 15th day of December, 1995, a continuation of the custody issue and alimony enforcement issue shall be heard in Courtroom Number 2 at 3:00 p.m., Tuesday, January 2. 1996. Vvt Austin F. Grogan. Esouire For Richard H. We~:s Edgar B. Bayl ,J. I l'l"'l~"'''''~ ...".\....l~4{ 0./1 b{Y5. .~ .., I. Carol J Lindsay, Esquire For Linda H. Wells :saa r:\wpSl\WcU..CO\.m, RICHARD A. WELLS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 95-0482 CIVIL TERM Plaintiff v. LINDA H. WELLS, Defendant CUSTODY ************************************************************************************* LINDA H. WELLS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 95-5084 CIVIL TERM ./ Plaintiff v. RICHARD A. WELLS, Defendant ~ AND NOW, this ~<\ day of December, 1995. upon consideration of a request of counsel for Unda H. Wells, the hearing set for January 2, 1996 Is hereby continued to the _ ~') '" day of j(~ ,1996 at 500 o'clock f'm. in Courtroom \ No. 2 of the Courthouse at Carlisle, Pennsylvania. BY THE couRt: I w>>1 ( J.