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HomeMy WebLinkAbout95-06672 '~"~~"~~"~'*'~'*~~'~"~*~'~'~'~'~"~'~'*"~~"~ ~. . 1 ~\ .1 ~'- '.', . , :!.; \ ~) ~\' .. ~l ~\ "'/ ~ ~ DEe R EEl N.A- ,~ ~ o I V 0 R C E p.,. 1.0 ~ 't"0 .4JJ{ JJ J .. ~k ,- f?1 ~1~ AND NOW, ~'!'. ,... t:>....., 19. .~., it is ordered and \~ decreed that ..CYNTHIA.N..CARLSON........................., plaintiff, :~ and........... CHARLES .E..CARLSON........................, defendant, I~ I~ are divorced from the bonds of matrimony, \ ,:. (~ !~ 1.:. I~ ;~ \~ All matters have been resolved pursuant to the Property Settlement :~ Agreement. dated' 'Pebruary'6; . 1996' and' incorpo'ratetl 'bot' 'not. l1l~tlJe'd into, ~ the Decree. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ' -, , ~ -- -, -.., - - .......-- ' '" ~ ~,,- --' ,- , . , . :\:. .:.> .~.:. -:.:. .~.:. ';4 (~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~, PENNA. CYNTHIA M. CARLSON, ~ i\ II, 95-6672 Il) Plaintiff ~ ~) Yt'I'...;tl~; :::i ~I CHARLES E. CARLSON, * Defendant ~ ~\ ~\ .:,1 f,i , I ~( . , ~ ... ~ ~ ~ ~ ~ The court retains jurisdiction of the following claims which have been raised of record in this action for which a final order has not yet been entered; s ~ ~ ~ ~ ~ ~ ~ ~ ; tIJ.., t90.t,0>1'~7 J. ~f I'l'Olhol1ol;\I')' ~ ~ ~ ~ ~ ~ ~ ~ ',' ~ ',' ~ ~ ',' ~ '.' ~ ... ~ $ .. ~ ,', ~ i.. :~ ',~ ~ ~ ~ ,f. ~\ ~ -- . '<..:' .~:. .:.:. .~ ~ :~ ~~.~.**~.*.~.~.~..~.~.~..~.~:..~..~,.~~..~..~}~.* >- Cl 0--; [:: ".. I. (:; ,. ~'~-J ~1'" UI.; (~(. . 1_) =-_~ rJ_. . " <,l~~ ~t~ - -:;~ 1.'~.. C) , I ~ ~_.; ~' C _J:j i 'W.. l'. \.'') 2] L ~-, U # . <II - z 12 ~ ~ j ~ 5ti~ ~ tt;lw:i we>- u .J ,~ E Q,"'z 0 ~ ~ ffi ~ :)0:0. ~ UI m . .. 0 < . z 0:: " ~ < 0: m w 0:: m < ~ m :l u ~ z . # . , 3. The alternate payee is the Plaintiff. Cynthia M. Carlson. whose social security umber is 202-48-0059 and whose last known mailing address is 6130 Springford Drive B7. arrisburg. Pennsylvania. 1711 I. 4. The Plan to which this Qualified Domestic Relations Order applies is the onAgra. Inc. Retirement Income Savings Plan. The Administrator of the plan is the ConAgra. mployee Benefits Committee. 5. The Alternate Payee is hereby assigned from the vested interest of the Participant n the 40lK Plan. held by ConAgra, Inc.. a separate interest in the 40lK Plan consisting of if teen Thou~and Dollars ($15.000.00). This assignment shall be effective as of March I. 1996. nd shall include any dividends. interest or other investment experience credited with respect to uch asset after said effective date. 6. Within a reasonable period after receipt of this Order. the Plan Administrator shall etermine whether this Order is a qualified Domestic Relations Order and shall notify the articipant and the Alternate Payee of such determination. Within a reasonable time after the Ian Administrator has determined that this Order is a Qualified Domestic Relations Order. the Ian Administrator shall take all such actions as are required to transfer from the 401 K Plan ccount of the Participant to a separate account in the 401 K Plan for the benefit of the Alternate ayee, the cash, in the amount specified in Paragraph 5. together with all interest. dividends or 2 ~ <::> ,-,- .: - I IUf, ' ~2 ('): . :.~ p:! . ... "r" 0;''''; .'-,. o .. , , ::j C'I( en ~.," ., I ., . L:~ ! . . ," .. , j '. - ; - 1! " . I ) . .., ; c, ( ) '- , . . . , .. co - d z .- ~ 0 t: :i < oJ Z :J ti < ::J Ul .. ::i tiJ ~ >- u oJ t; Ul ;;: Q. .. Z ... " ffi 0 ::E ~ ~ :J ~ II. Ul Gl ci m <l: . z n: ~ :'i <l: a: III w n: III <l: ::E III ::l 0 ~ Z ~ '. I. ADVICE OF COUNSEL HUSBAND and WIFE declare that they have each had a full and fair opportunity to obtain independent legal advice of counsel of their selection. WIFE has been independently represented by Barbara Sumple-Sullivan. Esquire. HUSBAND is cognizant of his right to legal representation and declares that he has chosen not to retain an allomey notwithstanding the fact that allomey for WIFE has told him that he has an absolute right to be represented by an allomey. HUSBAND has chosen instead to negotiate directly with counsel and/or with his WIFE. HUSBAND hereby acknowledges that he has done so willingly and that he fully understands the facts and has been fully infonned and understands that had a Court decided this mailer. he may have received more or less than is provided for in this Agreement. HUSBAND knowingly waives his rights. if any. to utilize the lack of his legal representation as a basis to allack the validity of this Agreement. Both parties further acknowledge and agree that each has fully disclosed their respective financial situations to the other. including their assets. liabilities and income. Each of the parties acknowledge and agrees that. after having received such infonnation and with such knowledge. this Agreement is fair. reasonable and equitable and that it is being entered into freely, voluntarily and in good faith and that the execution of this Agreement is not the result of any duress. undue influence. coercion. collusion and/or improper or illegal agreement. 2. PERSONAL RIGHTS HUSBAND and WIFE may and shall. at all times hereafter. live separate and apart. Each shall be free from all control. restraint. interference or authority. direct or indirect. by the 2 other in all respects as is she or he were unmarried. except as may be necessary to carry out the provisions of this Agreement. Each may reside at such place or places as she or he may select. Each may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation, profession or employment which to him or her may seem advisable. This provision shall not be taken. however. to be an admission on the part of either HUSBAND and WiFE of the lawfulness of the causes which led to. or resulted in, the continuation of their living apart. HUSBAND and WIFE shall not molest. harass, or malign the other or the respective families of each other, nor compel the other to cohabit or dwell in any manner with him or her. nor in any way interlere with the peaceful existence, separate from each other. 3. DEBTS Each party represents that they have not contracted any debt or liability for the other for which the estate of the other party may be responsible or liable except as otherwise provided herein, and that except only for the rights arising out of this Agreement. neither party will hereafter incur any liability whatsoever for which the other party or the estate of the other party will be liable. Each party agrees to indemnify and hold hannless from and against all future obligations of every kind incurred by them. including those for necessities. 4. WAIVER OF APPRAISAL AND INVENTORY The parties acknowledge and agree that they have each had an opportunity to value or have appraised any and all marital property, and they do hereby waive a fonnal appraisal and 3 inventory of same, and no statement or representation by either party as to value shall be deemed a misstatement or misrepresentation to the other or be deemed fraudulent. 5. MARITAL AND NON.MARITAL ASSETS HUSBAND and WIFE do hereby acknowledge that they have heretofore divided the non- marital assets and marital assets including but without limitation. business interests. jewelry. clothes, furniture. stocks, bonds, pensions and other assets wherever situated whether real, personal or mixed. tangible or intangible. and HUSBAND agrees that all assets in the possession of WIFE shall be the sole and separate property of WIFE; and, WIFE agrees that all assets in the possession of HUSBAND shall be the sole and separate property of HUSBAND. Each of the parties does hereby specifically waive. release, renounce and forever abandon whatever claims, if any. he or she may have with respect to any of the above said items which are the sole and separate property of the other. This document shall constitute a bill of sale for said sole property. Additionally, HUSBAND will allow WIFE to purchase three (3) sets of Eagles tickets for the 1996 season at her costs. 6. REAL ESTATE The parties jointly own property at 3902 Leyland Drive, Mcchanicsburg, Cumberland County, Pennsylvania. Said house is encumbered by a mortgage. The real estate is currently contracted for sale at the sum of $188,800.00. Pending sale, HUSBAND shall reside in the home and shall pay all payments. taxes. utilities, as may become due. He shall maintain the 4 house in good repair and in a condition which will promote its prompt sale to HUSBAND. Pending closing, if any repairs are necessary. which repairs are required due to damage caused by any act except negligence or intentional actions of HUSBAND or his invitees, WIFE agrees to contribute twenty-five (25%) percent in repairs of said damage. Upon sale and closing. all mortgages, liens or other closing expenses shall be paid. The net proceeds remaining shall be paid fifty percent (50%) to HUSBAND and fifty percent (50%) to WIFE. All mortgage escrows, tax or insurance refunds received after sale of the home, shall be the sole property of WIFE. If the house shall not sellle on or before April, 1996. HUSBAND shall have the right to seek assistance with the costs of his continued residency in the home by taking in a border or undertaking steps to purchase WIFE'S interest in the home and by refinance of the current mortgage. The purchase price of any transfer of ownership by WIFE shall be identical with that of the current existing contract of salt'. 7. MOTOR VEHICLES WIFE shall have sole title and ownership of the parties' Honda Accord. HUSBAND shall have sole title and ownership of the parties' Buick/Company Car. Neither of these vehicles are encumbered. 8. PENSION Each party hereby waives any and all claims that he or she may have against the other to any pension. employee saving or other stock benefit program of the other. if applicable. 5 15. COUNSEL FEES HUSBAND agrees to reimburse to WIFE one-half (II.!) of counsel fees and costs incurred by her in this matter. 16. SUBSEQUENT DIVORCE A decree in divorce. entered by a court of competent jurisdiction to either party. shall not suspend. supersede or affect the terms of this Agreement. Both parties agree to enter a Consent Decree concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland County. Pennsylvania. or any other Court of competent jurisdiction. as a part of a resolution of any divorce action filed. This Agreement. and the terms and conditions contained herein. as well as the enforcement of said terms and conditions. shall not be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County. Pennsylvania. or any other Court of competent jurisdiction. Furthermore. both parties hereto agree to timely execule the appropriate affidavits and consents to secure a No-Fault Divorce as may be required by the Divorce Code of 1980. as amended. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order in the Court of Common Pleas of Cumberland County. Pennsylvania. 17. OTHER DOCUMENTATION HUSBAND and WIFE covenant and agree that upon request of the other party. they will forthwith execute and deliver to the other party. any and all written instruments. assignments. 8 releases, satisfactions. deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. 18. MUTUAL WAIVER AND RELEASE OF RIGHTS AND CLAIMS IN ESTATE Each party hereby releases. waives and relinquishes any and all rights which he or she may now have, or may hereafter have. against the other party under the present or future laws of any jurisdiction (a) to share in the estate of the other party upon the other party's death and (b) to act as executor/rix or administrator/rix of the other party's estate. 19. MUTUAL RELEASE HUSBAND and WIFE each do hereby mutually remise. release. quitclaim and forever discharge the other and the estate of such other, for all time to come. and for all purposes whatsoever, of and from any and all rights, title and interests. or claims in or against the property (Including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which she or he now has or at any time hereafter may have against such other. the estate of such other or any part thereof, whether arising out of any fonner acts, contracts. engagements or liabilities of such other or by way of equitable distribution. dower or curtesy, or claims in the nature of dower or courtesy of widow's or widower's rights, family exemption or similar allowance, or under the intestate laws. or the right to take against the spouse's will, or the right to treat a lifetime conveyance by the other as testamentary. or all other rights of a surviving spouse to participate in a deceased spouse's estate. whether arising under the laws of (a) Pennsylvania. (b) any State, 9 commonwealth or territory of the United States. or (c) any other country. or and rights which HUSBAND or WIFE may have or at any time hereafter have for the past, present or future support or maintenance. alimony, alimony pendente lite. counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise. except, and only except, all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs. executors, administrators and assigns, that he or she will never. at any time hereafter, sue the other party or is or her heirs. executors. administrators and assigns. for the purpose of enforcing any of the rights relinquished under this paragraph. Each of the parties further covenants and agrees that he or she will pennit any will of the other to be probated and allow administration upon his or her personal. real or mixed estate and allow effects to be taken out by the person or persons who would have been entitled to do so had HUSBAND or WIFE died during the lifetime of the other. Each of the parties hereby releases, relinquishes and waives any and all right to act as executor or executrix or administrator or administratrix of the other's estate. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Property Selllement Agreement a full. complete and general release with respect to any and all property of any kind or nature, real. personal or mixed. which the other now owns or may hereafter acquire. except and only except all rights and Agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 10 20. SUCCESSOR'S RIGHTS AND LIABILITIES This Agreement shall. except as otherwise provided herein, be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors or assigns. 21. SEVERABILITY If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable. the remaining provisions shall nevertheless continue in full force and effect without being impaired or invalidated in any way. 22. ENTIRE AGREEMENT HUSBAND and WIFE do hereby covenant and warrant that this Agreement contains all of the representations. promises and Agreements made by either of them to the other for the purposes set forth in the preamble hereinabove; that there are no claims, promises or representations not herein contained. either oral or written. which shall or may be charged or enforced or enforceable unless reduced to writing and signed by both of the parties hereto. 23. BINDING EFFECT OF AGREEMENT/W AIVER This Agreement shall remain in full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar 11 3. The alternate payee is the Plaintiff, Cynthia M. Carlson, whose social security umber is 202-48-0059 and whose last known mailing address is 6130 Springford Drive B7, arrisburg, Pennsylvania, 17111. . 4. The Plan to which this Qualified Domestic Relations Order applies is the onAgra, Inc. Retirement Income Savings Plan. The Administrator of the plan is tlie ConAgra, mployee Benefits Committee. 5. The Alternate Payee is hercby assigned from the vested interest of the Participant n the 401K Plan. held by ConAgra, Inc., a separate interest in the 40lK Plan consisting of if teen Thousand Dollars ($15.000.00). This assignment shall be effective as of March I, 1996. nd shall include any dividends. interest or other investment experience credited with respect to uch asset after said effective date. 6. Within a reasonable period after receipt of this Order. the Plan Administrator shall etermine whether this Order is a qualified Domestic Relations Order and shall notify the articipant and the Alternate Payee of such determination. Within a reasonable time after the Ian Administrator has determined that this Order is a Qualified Domestic Relations Order, the Ian Administrator shall take all such actions as are required to transfer from the 401 K Plan ccount of the Participant to a separate account in the 40lK Plan for the benefit of the Alternate ayee, the cash, in the amount specified in Paragraph 5. together with all interest. dividends or 2 f:: - '.- i-~' f:: ~~- qJ -:-i.___ )(- 1,,),; :_' :;.s ~;: ..;: ~~ , , " c.") ,!" -.t. I ;.... _11, C . '1\" .) u... . f- - . ,-'- " t,'") ~.~j t.) V' U ~ .i ,. , -" '" ~ ci Z S <( ... > ~ :i < .J - :Jti~ .. Ul '" :i tl iii I" >- _ .J Iii III t: Q. 1&1 Z o ::E 8 ffi ~ :J ii: Do .I Ul .. d <( :; z 0:":S <( a: m w 0: m <( :l m a ~ z . .- t:) t.. :-- j:; '. I.! ,I ~ c:'} ~')#- ( ,. -". f.;'c ' ., lj.i. ~; , Cl h ,I - .; C,' n, :;r.: L,~ I L!' " i r I 0 " l , .> . 0 '" . ~.~. ;~ ....... ~.. . " " , iCYNTHIA M. CARLSON, , plaintiff " i v. :i I !CHARLES E. CARLSON, ! Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM IN DIVORCE I: I I i i ! i counseling and understand that I may request that the Court require i AFFIDAVIT REGARDING COUNSELING :i " :: 1. I have been advised of the availability of marriage !,that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 PA. CSA Section 4904 relating to unsworn falsification to authorities. . DATE: I//?"/:;- ,- , CY 2 ~ l'l .. ~ 0 z .- < 0 .- ~ IX) ~ > ~ c.., ::i :!i M :<~- .J Z ;1 -.' , :Jt;< 1.;..- - ~i Ul",~ ~- tl '- . 0: >- u Wliilll ~ .J _"T .. D..",Z I 0 ::EC>Z o w <-, ~ ':)0:0. II ; Ul Gl . 1= C.. c .~ In a <( ~ Z C'l 0: " ~ < ll: m w 0: m < " m :J u ~ Z . . . ...... -. .. . . -. ... : I . Com,.... heme , and/or 2 for ,ddlt6on,I "Me". I " Complete ltltftl 3. and.,. b, , . Print your name Ind .ddrt.. on the r.v.r.. of thl. form .0 that w. un return thai cerci to you. . AttKh tNI form to 1M front of 1M m.i1pMC', or on IhI btell. II .pac. . dot. not pernVt. .I . Writl"R,tumA,ctlptReque.t.d" on lhe m.i1piec.betow lhe .rtlclenumbtr . 1M R.wm Receipt will thow to whom 'M .rtle" WI' dell....f.d.net thl d.l. 8 ct.UVtlr.d. Consult oalmast.r for 'ee. I [3' ~n;~A;d;;'E:: (!,.;'c,/,S"N 41. A87 Num~;21 /,/.r 6 9o):l ~ Ey"-".<JO p,ell/E aR;:;:~~~IJYPI Dln.urld ltIeCh,4tV1CS p(.l~.J '?t?I?O.s: P-(clr1lf1ad o COD o Express Mall 0 Return Receipt for M I 7. Oltl;' :to"' -r r TI 8. Addrelle8" Address (Only II requeste1 ,:. and 'ee II paId I ~ I all follow fIll: 1. JID . Addr... 2. J(RlllrlClad Dlllvtry a.I' the an utr. \ . Dlclmblr 1991 .U.l.OI'O: ,... ....... DOMESTIC RETURN RECEIPT ;;; ~ ~ '0; ~ ~ ;J ~ Ul ::E ~ <0 ~ ~ 'O2.? r- .S! ~~ :< :t:: e 7li :'{ ~[ t::l1.c ClI"'Q ~ "'- 2 (.P' ~ 111... ~ ~ -ltJ ~ "l f, f~ u 0 0 r:: 0(" '" t " .' 2_U;: I\J "\\j'" " ,.. 5.~ r- <to l1> <) ~ tii.~ , . 1" ,~ IT1 t/l- u- ~f'<.Vi.t- ~ ~. _ c.c: <'II ~.; :-.. ,. t~ n:I._ n:ll/l ,. ft~ , ,. " . l! ~GJ~=..~:'; ./~ " n ~ lt~ D- '.' ~~ ,r .f Q. U.s g :;~ ~.ss~~~ r;,"'i . l; I , (f) C1J () C") X.... .~~~ r: , " ,~ ,. ~\ I ,}\ !~ :) a: :.-: 0 { 'n. ,~ A" . ,}; ,~ " Jt~ ~lltll IIlftV 'DOae IIllo.! Sd EXHIBIT II A" ,~. I II 'I I, I , I ~-.,...,..,.....-...~,_..._... ..-.~.:'!"'".'t"'~-'."-"--~r-~-,r "!",1:"111~1 't~' Ii. Com"'I'~;~~"ndl.;2f.""il_;';;""'" _..c. . ..: ,,'.Ir ;: ,:.'\j\l~ ,i,\';~. ,.J"Compftt'h'''''3''~''''b' " : follow,~\ I ,.,.,J!,~I;.nlKtll I t. Print yo..., n.me and add".. on the t''Ilf" of thl, form Iq'lt1at WI Un fee)']' l '\'IJh~ . _'~I.. . IretumtNl e.rdto you. I . t. It.\,~ ".-: r \ . Anlth thta 'orm to the Iront of the m'llpl'CI. or on thl back If 'pICI " ('''.' " . (6..S.; Addr... . 'dot.notpttmlt . :.. ~" "i~~t,;.~;.;.. \ ~ . Wrtt"'R.tumR'ClIPtR.qu"I'd"onthtm'il,pi'ClMlowt~.rtk:"numbtr -':2. ,. Re.iriei'd'O'lj~ery 1",1. . The Rttum RtClipt will .how to whom the II1.ete ~u. dellv'fld tnd the dill _ , ' g daUnted. Conlult ollmeste, lOlf.e. :'. 1 1 0 ~"~~~:;;e~: e/l,e~S"N 4e. A87 NU~;:-~ I J;;;- ~ ~90.!2 P(Ey.t.t?,vO P~/VE ~'A~=~:;~~eJype oln,ulOd';:; ''/J/~c.I",,~,vlcS pp./C.J r'#I?tJ,S'" HC.'tlfled . oCOO;o. "" . 0 Express Mail 0 Return Receipt for , n' 7. Date of aliver ,--: \,...: / :3 (l 1') '_"';.~('I , . B. Addressee', Address (Onlv If requBlle] .:: and fee Is paid) ! \ , , I " " (I ;1 'I !I 'I " i, I, ~ \ \ \ \ II ; IiI ~ t t i j (I I I I I ~ I .,' , . aocembo, 1991 *u...oP"',.........,...,. DOMESTIC RETURN RECEIPT . 'I "" ;.... " - U'J "" r- :1 I ~ Ii " 'I , , ,: 11 'I I, ,. Ii I' Ii !I " ,I I: 'I 'I II o - of EXInBIT "A"