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HomeMy WebLinkAbout95-05517 -*---~'~'**"~*'~*~'~***~"~')**'~*'~'~'~~*~ ~ -~,~ ,....-'.-,.. . , .- ' ' .. . ,- " ." "".".,. ,. ' ' ' . . ' , " .,.", I ~ :1 IN THE COURT OF COMMON PLEAS I: s 8 ~ ~ ~ ~ ~ ~ .:. ~ ~ ~ ~ ~ ,;, ~ ~l ~ ,'. ~ ~ ~ ~ ~ ~ ~ ~ " ~ ~ 8 ~ ~ 8 ~ 8 ~ ~ ,'" ",' : ''-.- ,.. '. .. " .. " -it;. ...' .... '~.' '~.' ,w.. ...' ':'.' ':',' ....' '''.' ..... ....' ~ ., . OF CUMBERLAND COUNTY STATE OF ~~I PENNA. REBECCA J. WOODS, i'\11. 95-5517 ," II) 95 Plaintiff \'.'I"\L'; RICHARD A. WOODS, Defendant DECREE IN DIVORCE AND NOW..." .(V1~.1.. .4-.~"...",.,.. 19 ,~?, it Is ordered and decreed that,..,.,....,.. ~f;Bt:~.CA. Y.' .1'!9PP::i"...,......., " plaintiff. and"."" ..,...,.""", ,IHCIiMlP. ,,,., woOOS""""".,.." defendant, are divorced from the bonds 01 matrimony. The court relalns jurisdiction ollhe following claims which hays bsen raised 01 record In Ihis action lor which a Ilnal order has not yet been entered; NONE ~.1,l,. ~1I.s,l!~II.rEll;lp.l.vElc;l, py ,1'.rope.rtYSlltUlll\1ellt ilncl, separllt1011,,, , ftgreement dated February 20, 1997 which Agreement is hereby 1I1cQrporate,d, ,but, no,t .merged" ,into this, ,Decree, in Divorce,. ' , II\' Th., (~V~:J:;~ h/)r. ^"I"I. rl.:.L , . (/@c';;;: ,:'';'' -L.I. U.:..X"Utt.- ~It.<.( c/" ,..~;~"" ~~..J)' 4/~ ~ >>./{. ~,~ ,/ ." 111"111110"01111 \ * w <, ,;, " ~ ~ ,;, " ,;, ~ ~ ,;, ~ ~ ~ ~ l~ ~ ~ M l~ I' I" ~ 'W i. I~ , " I. !~ I' I~ .~ ~ ~ '.' ;~ ~ ~ ,~ ~ ~ ~ ti .~ ~ ~ ,~,~,,~,,*,~,,~_~,~,~::~;,~'~;-'~'~:A;~:'~ tr. M :- C j~," ~,' , 1-:_. .. ,.) ..( U.I~, : C'::J );,;.; Qf ..... 1"'. ....1 - - ;,;: fl..; ~.: ~r :t)~ M '(J> .~l 'I~.' , "7- :>-- 1,0 . r!: ....:{ . }u.. ::I.: ..: Il. r- ;J Cl 0" 0 " REBECCA J. I<<lODS, Plaintiff IN THE COURT OF o:JiMOO PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 95- CIVIL TERM RICHARD A. \<<)()DS, Defendant IN DIVORCE APPIMVIT I, ~RRAnrA J. NOODS, hereby affirm the following. 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 2. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I penalties of suthori ties. understand that false statements are made subject to the 18 Pa. C.S.A. ~4904 relating to unsworn faleification to tl:-6-tec u 9- (Ju'~_ Rebec J. Woode, {/ Plaintiff ,~ ,..... -,. ~ f -;. .,..~ ~ Q::-r- ...J -.J+ ~CX ('~ ~ " ,. ... ~'": , ,J9 j . r Cl lTl .:z' .1 VJ --.( t:' - , . ~~ - \.rlll) ~ VI {.-::' ('...: (j - ">9' c:i. ... - .., <<:.:> ~ , . ~ .-..-...... REBECCA J, WOODS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v, : No, 95-5517 CIVIL TERM RICHARD A, WOODS. : IN DIVORCE Defendant WAIVE~ ~F NOTICE OF INTENTION TO REQUEST E. TRY OF A DIVORCE DECREE UNDt=B SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concemlng alimony. division of property, lawyer's fees or expenses ifl do not claim them before a divorce Is granted. 3, I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after It Is flied with the Prothonotary, I verify that the statements made in this Affidavit are true and correct, understand that false statements herein are made subject to the penalties of 18 Pa,C.S, Section 4904 relating to unsworn falsification to authorities. Daled: . 1- / ~ (),., _.~_LL___ - -':f1~J...<~~ o?s /,)"""'- REBECCA J. WO S IlIAN.: Ii. RAIICun' ArlllIlNH,AT.I,AW 1411' '"INUIt IWAII (;AMI11I1I1. llA lToll ?; c r:; r-~ 9 ~'i ~~? ( ,;t; C~ '" :-) ;~: ~iJ ..,; 'I;:J . Ct ';\',:i L. 'J:::= 1 ,. . .~. ft!; C~ ",W Cl. ;;~ r:' oq '. t5 ,... :5 Ol (J \ ~ C"') i; I ~ t co :~;S l.)- c: :r:: .J~~ "I '"" "c. to: J~ CO It;IJ Ii, , 1m I' >- .110 rL "'r .'} :x: d IJ, ~ U . - crl -- tr. ~ (- . ~ .. t~ "} co <D i.J ~- ~(; ..- ,.~ .'- ..., ~ ....: ,:.>, ~<;; ~. I co .S~ \. U I , ,;-~ u:~:' ".- t'\~ " ..t. F' ~ .; II. ~ :? l.) rJ .._..-~ " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA REBECCA J. WOODS, PLAINTIFF NO. 95-5517 CIVIL TERM V. RICHARD A. WOODS, DEFENDANT CIVIL ACTION - LAW IN DIVORCE &CCIP~"CI or SlaVICI I, Robert C. Saidis, Esquire, being dully authorized by Defendant, Richard A. Woods, in the above captioned divorce action, hereby accept service on behalf of the said Richard A. Woods, of the Complaint in Divorce filed in the Court of Common Pleas of Cumberland County, Pennsylvania on October 20, 1995. Date: Ib -.;2. 0 - 'i S- /&2 . C. Saidis, Esq. ( Robert DIANE G, RADCLIFF ATIORNEY.AT.I.AW 'UITaINDI.f. anAl) rAMP 11I1.1., PA 11011 ~ C") '- C /" ~t .~ ':..:, .. i.- ~~' 0' \ -', , /. ,-, ,-I. ...,; ~.'. '-:1 , I;:J ~t ' - M 'In ,/ i:; , L' :-.. "nl .. "l i'}U. " ,- :.t.: ". II. r- J lJ en 0 ('I) ~ c: f; cO '5 ~ af 'f')~ (W) :~I - ... fj: ~ ~ .' ,... G\ )11. . '. it, ... I I SAIUIS. GUIJlO, I SIIUFF & ii' MASLMW I I " I II !I II II II 2t,W UI~hSllt'l'l ClUh,lr. P!\ " 'I) '\ ' \ ' ~:J 117 J hereafter to live separate and apart from the other party at such place or places as he or she from time to time may choose or deem fit, (2) Except as herein otherwise provided, each party hereby releases the other from any and all claims, or demands up to the date of execution hereof, (3) The parties are the owners of certain real estate with improvements thereon erected known and numbered as 716 Allendale Road, Mechanicsburg, Cumberland County, Pennsylvania, The Partial Agreement, a copy of which is attached hereto and incorporated by reference, provides for a partial resolution of the matters concerning this real estate, The parties further agree that upon the sale of the real estate the proceeds, after customary closing costs, shall be divided equally between Husband and Wife. The real estate shall be listed for sale as provided in the Partial Agreement, If the parties cannot agree on a list price, the price recommended by the Listing Realtor shall be accepted, In the event the parties receive an offer within two (2\) of the then-current list price and said offer is acceptable to one of the parties then in that event, the parties agree to accept said offer, Nl offer within two (2\) percent of the list price does not have to be accepted if it requires the parties to advance funds at settlement to close, ~grior to listing the l'eal estate for sale. Wife shal-l have the option of purchasing Husband's Interest in the real estate fPl' $115,000.00 (the Septelllber 19. 1996 appl'aisal of $125,000,,00 ii Ii J thYJ ~I1J SAIIlIS. GlIlIlO, SJIIWI' & MASI.ANIl 2'1 \\' Ih~h SUr!."l C",hllt,!',' " 1~@ 8\ estimated cloBing COBtB) lesB the outBtanding balance of the ~9.~on the date of Bettlement divided by tL~ will be respo~b.le for all closing COBtB and B~l-l indemnify and hold Husband ~l~B on the mortgage~~the event wife ............. /#/-'" --.. - failB to exerciBe this option) Husband Bhall be given the option 'X~ I to purchaBe Wife's intereBt onthe'sli/Tle terms and conditionB, i In the event either .!JUS~'~/ or Wife Be~l "tfi€! real eBtate within I ./ , I Bix (6) mont~..ff~m the date of the settlement 'On.,,~.he option I / --.. ;~ -- provided'ln thiB paragraph, that party agrees to pay tb~he oc~arty one-half (~I of the proceeds exceeding $125, o~o, Husband and Wife agree that if either party advances any funds during the period of Wife's exclusive possession for repairs, mortgage payments or the like, for which the other party has an obligation, the funds at settlement shall be adjusted by reimbursing the party who has advanced funds from the Bhare of the other spouse at the time of Bettlement, (4) In the event that either party contracted or incurred any debts since the date of Beparation, the party who incurred said debt shall be responsible for the payment thereof regardlesB of the name in which the debt may have been incurred, (5) Each party relinquishes any right, title and intereBt he or she may have to any and all motor vehicleB currently in the posBeBsion of the other party. Each party shall execute any documentB necessary to have said vehicles properly registered in I I I the other party's name with the Pennsylvania Department of I TranBportation, Each party shall assume full responsibility of ,I I' " Ii any encumbrance on the motor vehicle received by said party, I and I I , I I - 3 - SAlOIS, GUJIlO. SnUFF & I\IASI.ANIl 26 W High SlIn'l ('adult.I'A shall hold harmless and indemnify the other party from any loss thereon, (6) The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, tools and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such property presently in his or her possession whether said property was theretofore owned jointly or individually by the parties hereto, This agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto, (7) Except as hereinafter provided, each party hereby relinquishes any right, title or interest he or she may have in or to any intangible pereonal property currently titled in the name of or in the possession of the other party, including, but not limited to, stocks, bonds, insurance, bank accounts and retirement accounts. (8) Wife relinquishes any right. title and interest she may have in or to the Morrison Knudsen Corporation 401K and ESOP Plan by reason of Husband's employment by Morrison Knudsen Corporation, Wife agrees to execute any documents necessary or desirable to evidence the release of her interest, (9) Husband is the owner of a Tax Deferred Savings Plan (TDSP) from IBM Corporation by reason of his prior employment, The parties agree that Husband shall transfer to Wife the sum of - 4 - SAmlS, GUIIlO, SnUFF & MASLANIl 26 W llieh Sln'rl Carllllr.I'A Twenty-five Thousand ($25,000,00) Dollars by reason of a Qualified Domestic Relations Order (QDRO) from the TDSP, The balance of said account shall be the sole and separate property of Husband free and clear of any right, title or interest by Wife. Husband agrees to assume the outstanding loan or loans against the TDSP and to indemnify and hold Wife harmless from any obligation thereon. (10) Husband is entitled to a pension by reason of his employment by IBM Corporation which effective November 1, 1996 is being paid to Husband. Husband and Wife acknowledge and agree that a portion of the pension was earned by Husband prior to the marriage and that at Wife's request the parties selected the fifty (50\) percent joint and survivor regular option, With regard to the pension, the parties agree as follows: (AI HUsband and Wife shall execute any and all documents necessary to secure a QDRO. The QDRO shall divide the pension sixty (60\) percent to Husband and Forty (40\) percent to Wife. Wife's share of the pension shall be further reduced by Ninety- one ($91,00) Dollars per month being the monthly reduction in the pension payment to secure the joint and survivor option, For example, the gross pension, without the joint and survivor option, is $1,795.69, Husband's share 60\ x $1,795,69 or $1,077,41, Wife's share 40\ x $1,795,69 less $91,00 or $627,28, (B) Until such time as a QDRO is entered as hereinbefore set forth, Husband shall, within five (5) days of receipt of the IBM pension payment, pay to Wife 36,8\ of the net check and - 5 - SAIJ)IS, GLJIJ)(), SIIUFF & MASI.ANIl 26 W Ih&11 SUl'(! Carli,lc,I'A shall retain the balance. 36.8\ is the percentage $627.28 bears to $1,795.69 lesA $91.00. (11) Husband agrees to pay to Wife pursuant to the Partial Agreement which is attached hereto, the sum of Three Hundred eighty-two ($382.00) Dollars per month for the use, benefit, support and maintenance of their minor child, RYAN L. WOODS, commencing October 1, 1996 and continuing until August 31, 1997. Husband further agrees to provide health insurance and major medical for the child as provided by his employer together with unreimbursed medical expenses, as defined by the Pennsylvania Rules of civil Procedure, in proportion to the parties' net incomes which currently appears to be Sixty-five (65\) Husband and Thirty-five (35\) Wife. The parties agree that in the event of a material change in circumstances of either party, or a change in the custody arrangements set forth herein, the amount of the support payment shall be surject to appropriate adjustment by agreement or, if the parties are unable to agree, by order of a Court of competent jurisdiction. (12) Husband shall not pay to Wife nor Wife to Husband any sum whatsoever as alimony, alimony pendente lite, or for hie or her support or maintenance. (13) Wife ohall deliver to Husband at or before the time of the oi9ning of this Agt'eement, the silver collection which shall be the property of Husband free of any claim by Wife. (14) Husband agrees to maintain the children or a trust for the benefit of his children (which ohall provide at a minimum - 6 - SAlOIS, GUIJ)(), SIIUFF & MASI.ANIl 2(1 W lIi&h Slll','1 CllIhlll.'.I'A for the children's support, maintenance and education until age twenty-three (23)) ao beneficiary of the life insurance hereinafter provided until the youngest child attains the age of twenty-three. The beneficiary designation shall be for life insurance provided to Husband by reason of his employment by Morrison Knudsen Corporation or in the event he is no longer employed by Morrison Knudsen Corporation, the Twenty-five Thousand ($25,000.00) Dollar life insurance policy provided to Husband by IBM. (15) Each party is now represented by counsel of his or her own choice. wife is represented by Diane G. Radcliff, Esquire and Husband by Robert C. Saidis, Esquire. Each party shall pay his or her own attorney for all legal services rendered or to be rendered on his or her behalf. (16) The parties do hereby warrant, represent, acknowledge and agree that each is fully and completely informed of, and is familiar with, the wealth, real and personal property, estate and assets, earnings and income of the other and that each has made a full and complete disclosure to the other of his and her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is specifically waived. (17) Husband and Wife acknowledge that each of them has I : I i I j Ii [I I I I! read and understand his and her rights and responsibilitien under this Agreement and that they have executed this Agreement under no compulsion to do so but as a voluntary act. (18) It is further apecifically understood and agreed by and between the parties hereto that each party accepts the - 7 - I SAlIlIS, (iIlIIlO, I' SIIlJl'I' & \ MASI.ANIl ~I II II " I 1\ II 'v) I \ )J\\Y \)\) ~h \\' lhrh ~1l1'l'1 l'illllilr.I"\ pt"ovinionll heroin mode in lieu of and in full eettlement and nntlnfnction of any and all of said party'e righte againet the othl31' [or pant, prenent and future claims on account of support, mlllntonnnce, alimony, alimony pendente lite, counsel fees, costs anti expenDeo, equitable distribution of marital property and any other clnimll of each pat.ty, including all claims which have been rained or may be raieed in an action for divorce. (I!)) Neither party shall contract or incur any debt or liability for which the other party or hie or her property or estate may be responsible and shall indemnify and save the other party harmleee from any and all claims or demands made againet him or her by reaeon of debts or obligations incurred by the othel: party. (20) Each of the parties shall from time to time, at the requeDt of the other, execute. acknowledge and deliver to the other party any and all further instruments that may be reanonably required to give full force and effect to the pt"oviDion of this Agreement. -Llf " ....996 \ The parties \ tzl) "usband and Wife --- joint Federal and Penl'lll agree to join in the fi Return. ia ~ be the ---- agree that Wife'e e of any refund or .Il n if Wife had filed individually. (22) The parties hereto agree that in the event of their reconciliation the provieione of this Agreement, excluding the provisione for eupport, will continue in full force and effect. Fot" the purposes of the Divorce Code the parties agree that the dintribution of marital property pt"ovided for herein will be - B - I, SAIUIS, GUII>O. SHun' & MASLANIl 26 W, Hlah Sucel ClU"hsle. PA .' deemed binding and will be considered as property excluded from equitable distribution by valid agreement entered into during the marriage. (23) Except as may be otherwise specifically provided in this Agreement, Husband and Wife, for themselves, their heirs, representatives and assigns, each hereby forever releaees, remises, discharges and quitclaims the other, and such other's heirs, representatives, assignB and estate, from and with respect to the followingl A. All liability, claims, causes of action, damagee, costs, contributions, expenses or demands whatsoever in law or in equity; B. All rights, title, interest or claims in or to any property of the other, whether real, personal or mixed and whether now owned or hereafter acquired; c. All rights of curtesy and dower and all claims or rights in the nature of curtesy and dower; D. All widow or widower's rights; E' All rightB, title and interest or claime in or to the other's estate, whether now owned or hereafter acquired, including but not limited to all rights or claimsl (1) to take against the other's will; (2) under the laws of intestacy; (3) to a family exemption or similar allowance; and (4) all other rights or authority to participate - 9 - SAIUIS, GlJIUO, SIlU.... & MASI.ANIl 2flW IlIghSlIrrl Clulille.IIA , or intervene in a deceased spouse'B estate in any way, whether arising under the laws of Pennsylvania or any other country, territory, state or political eubdivision. F. All rights or claime to any accounting; G. All rights, claimB, demands, liabilities and obligatione arising out of or in connection with the marital relationship or the joint ownership of property, whether real, personal or mixed; H. All rights, claims, demands, liabilities and obligations arising under the provisions of the Pennsylvania Divorce Code, as the same may be amended from time to time, and under the provisions of any similar statute enacted by any other country, state, territory or political eubdivision; I. All rights, claimB, demands, liabilities and obligations each party now has, or may hereafter have, against or with respect to the other. (24) This Agreement shall be construed under the law of the Commonwealth of Pennsylvania. If any provision of this Agreement is determined to be invalid or unenforceable, all other provisions shall continue in full force and effect. (25) In the event that either of the parties shall recover a final judgment or decree of abeolute divorce against the other in a court of competent jurisdiction, the provisions of this Agreement may be incorporated by reference or in substance but ehall not be merged into Buch judgment or decree and this - 10 - '. , , . PARTIAL AGREEMENT INTENDING to be legally bound, we hereby authorize Saidis, Guido, Shuff & Masland to dietdbute the proceeds of the September 30, 1996 refinance of our home at 716 Allendale Road aa follows: ILJ ,tl5tA) 11~:~~~'.~t to Rebecca J. Woods; and It; ,J "/~IS0f1,"''i pr::'rBl $14,91J..O to Richard A. Woodn. ., Commencing on November 1, 1996, Rebecca J. Woode will be responsible for paying the mortgage until the house is sold, it being liated for sale upon Wife's request, but not any later than August of 1997 with a realtor mutually agreeable to the parties. Wife shall have exclusive possesaion of the marital home until settlement and will indemnify Husband from all expenses, except repairs exceeding $250.00. The ultimate distribution of the proceeds to be detet-mined by agreement of the partiee or order of a court of competent jurisdiction. Richard A. Woods ohall pay to Rebecca J. Woode, ae child eupport, commencing October 1, 1996 and continuing until August 31, 1997 the sum of Three Hundred Eighty-two ($382.00) Dollars per month for the support of one (1) child. Each party waives the right to claim furthet- apousal eupport or alimony from the other SAmIS, GUmo, SIIUFF & MASLANU 26W lIia:h Sllttl C.rli.lt'. PA party. Dated: 10 - L:....CZ 0 fi-7~ ~-J~~ ~ecca J. Wood ,,' _/Z;.kA.// J._-h llichard ;t. Woods ) ',j Dated: 'J I'" (C, ~ ('I :::: tr. CO '5~ f ) . t' ~ ':);!: r ....:.: \;.:.i ," C1\ \~ " .. ('J " fEI' t- \~ r' t..' .' ~ . .~ l'. If) :1 L) C' U I' CO' 'r. .."" - d - -- \i\ -1 , ,~ ,_. '" '. r .' . ..... I' ...;.; 5.JI.....,.... ..,!Ie' d"Ji'" JI." .' , - . 3. The parties acknowledge that the Plan Participant has elected and, is receiving retirement beneOts in the form of a joint survivor's annuily foml as pennilled under the IBM Retirement Plan and agreed upon by the Parties. 4. The Plan Administrator of the IBM Retirement Plan is directed to make distribution from the Participant's IBM Retirement Plan in accordance wilh the provisions and terms set forth in Form D allached hereto, incorporated by reference and made a part hereof 5. Pending the commencement of the payments to the Alternate Payee by the Plan Administrator in accordance with Form 8, the Plan Participant shall pay directly to the Alternate Payee 36.8% of the retirement beneOts he receives within Ove (5) days of the date of his receipt. 6. As evidence by signature below, the Plan Participant and the Alternate Payee have agreed to the entry of this QDRO and agree that this Court shall retain jurisdiction over this mailer to effectuate the intent of the parties' agreement. i~ ,,-j' :J. // ') I.A / . . -uY // I. --r-,J? <1)7/f7- -'.L.()U~iL Participate (Date) Altemale Payee SO ORDERED Ihis \ '\.- day of ~ /' .. ....< 1997. J. IIIANE G. RAIK:I.I.... Al'nRNn.A....I.AW SUI HUNlln ROU) e:"...p 1111.1.. fA 17011 i I!I~ I;!C ' jI!t: -::..))-;:10 ,';1 - "~:2 ~ ~~ t.: ...~ .";'1~ ~'--'--._::):; ft\ ' ,'~ ~ ';:; . ~ " -, ~ . t! C>"" . . . . lAY . .199tlf" O~'IM./ " ., '~ ., ~i t, , .