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IN
THE COURT OF COMMON
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OF CUMBERLAND
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STATE OF .
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VIRGIL O. O'HARA
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DECREE IN
DIVORCE
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AND NOW, .. .. , .. .. -11+>+.. .. ,~ ,..-:.. .. " 19, n ", it is ordered and
VIRGIL O. O'HARA I . 'ff
decreed that "",.,.""""",.""."""""",."""",,, p arnt! ,
and.""" '.'"", '" ,,!l;l~~, ,~:, ~.',~~~~" """ " , '" """'" defendant.
are divorced from the bonds of matrimony,
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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;
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PROPERTY SETTLEMENT AND SEPARATION AGREEMENT
THIS AGREEMENT, made this '}..Il.l day of
~TuIVC
1997, at Carlisle, Cumberland County, Pennsylvania, by and
between VIRGIL O. O'HARA (hereinafter referenced as "Husband")
AND
JUDY A. O'HARA (hereinafter referenced as ~IWife") .
ARTICLE I
SEPARATION
1.01 seDaration of Parties. Differences have arisen
between the parties as a result of which they have been living
separately and apart since August of 1995.
1.02 Intention to Live ADart. The parties intend to
maintain separate and permanent domiciles and to live apart from
each other. It is the intention and purpose of this Agreement to
set forth the respective rights and duties of the parties while
they continue to live apart from each other and to settle all
financial and property rights between them.
ARTICLE n
ENFORCEABILITY AND CONSIDERATION
2.01 Eauitable Distribution of Marital PrODertv. The
parties have attempted to divide their marital property in
accordance with the statutory rights of the parties and in a
manner which conforms to the criteria set forth in 5401 of the
Pennsylvania Divorce Code, and taking into account the f~llowing
considerations: Any prior marriages of the parties; the age,
health, station, amount and sources of income, vocational skills,
employability, estate, liabilities and needs of each of the
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parties; the contributions of each party; the opportunity of each
party for future acquisition of capital assets and incomo; the
sources of income of each party, including, but not limited to,
medical, retirement, insurance or other benefits; the
contribution or dissipation of each party in the acquisition,
preservation, depreciation OF appreciation of marital property,
including the contribution of each party as homemaker; the value
of the property set apart to each party; the standard df living
of the parties established during the marriage; and the economic
circumstances of each party at the timo the division of property
is to become effective.
The division of existing marital property is not intended by
the parties to constitute in anyway a sale or exchange of assets,
and the division is being effected without the introduction of
outside funds or other property not constituting marital
property. The division of property under this Agreement shall be
in full satisfaction of all rights of equitable distribution of
the parties.
2.02 IncorDoration and Meraer. This Agreement shall be
incorporated but not merged in the decroe of divorce contemplated
herein. This Agreement shall survive any action for divorce and
decree of divorce and, unless otherwise set forth herein and
shall forever be binding and conclusive on the parties; and any
independent action may be brought, either at law or in equity, to
enforce the terms of this Agreement by either Husband or 'Wife
until it shall have been fully 'satisfied and performed. Any
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provisions herein concerning property rights, alimony and counsel
fees shall not be modifiable. The considerations for this
Agreement are the mutual benefits to be obtained by both of the
parties hereto and the covenants and agreements of each of the
parties to the other. The adequacy of the consideration for all
agreements herein contained ~s stipulated, confessed and admitted
by the parties, and the parties intend to be legally bound
hereby.
2.03 Aareement Predicated on Divorce. It is specifically
understood and agreed, by and between the parties hereto and each
of the said parties does hereby warrant and represent to the
other, that the execution and delivery of this Agreement is
predicated upon an agreement for prosecution to conclusion of the
pending action for divorce. Nothing contained in ,this Agreement
shall prevent or preclude either of the parties hereto from
commencing, instituting or prosecuting any action or actions for
divorce, either absolute or otherwise, upon just, legal and
proper grounds; nor to prevent either party from defending any
such action which has been, mayor shall be instituted by the
other party, nor from making any just or proper defense thereto.
It is warranted, covenanted and represented by Husband and wife,
each to the other, that this Agreement is lawful and enforceable
and this warranty, covenant and representation is made for the
specific purpose of inducing Husband and Wife to execute the
Agreement. Husband and Wife each knowingly and understandingly
hereby waive any and all possi~le claims that this Agreement is,
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for any reason, illegal or for any reason whatsoever of public
policy, unenforceable in whole or in part. Husband and Wife do
each hereby warrant, covenant and agree that, in any event, he
and she are and shall forever be estopped from asserting any
illegality or unenforceability as to all or any part of this
Agreement.
.
ARTICLE ill
EQUITABLE DMSION OF MARITAL PROPERTY.
3.01 Eauitable Division of Real Prooertv. concurrently
with execution of this Agreement, the parties will execute a Deed
transferring title to the marital dwelling at 49 West Oakwood
Drive, Carlisle, CUmberland county, Pennsylvania, to Wife. Also,
concurrently with her execution of this Agreement, Wife shall be
entitled to exclusive possession of the marital dwelling. Wife
shall have sixty days from the date of this Agreement to
refinance the existing mortgage on the property in her name
alone, and all expenses in connection with the transfer of title
and refinancing shall be the responsibility of Wife. The Deed
shall be held in escrow by counsel for Husband. Upon issuance of
a full and final Decree divorcing the parties from the bonds of
matrimony and the completion of Wife's refinancing, the Deed
shall be delivered to counsel for wife; and counsel for Wife
shall deliver to counsel for Husband the sum of Twenty Thousand
and NO/100 ($20,000.00) Dollars. In satisfaction of Husband's
obligation for fair rental value for occupancy of the marital
dwelling through the date of execution of this Agreement, Husband
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shall be responsible for all 1997 county, local and library real
estate taxes, insurance premiums, utilities and other expenses in
connection with the premises to the date of execution of this
Agreement. Wife shall be responsible for all such expenses
thereafter. Wife shall be entitled to deduct, from the aforesaid
Twenty Thousand and NO/100 (~20,OOO.00) Dollars, the aforesaid
expenses for which Husband is responsible.
3.02 Eauitable Division of Personal ProDertv.
(a) The furniture, household goods and other similar
untitled personal property have been divided to the mutual
satisfaction of the parties hereto. Wife shall be entitled to
all of the contents of the marital dwelling at the date of her
execution of this Agreement. Husband shall remove the leather
furniture and such mechanic's tools as the parties,may ag~ee from
the property by the date of Wife's execution of this Agreement.
In all other respects, each of the parties retains absolute
ownership of all such items of untitled personal property which
are in his or her possession or control at the date of this
Agreement;
(b) Forty-one (41%) percent of the coverture portion of
Husband's employee pension, which had an approximate date of
separation present value of Seventy-Eight Thousand Five Hundred
and NO/100 ($78,500.00) Dollars, shall be governed by a
Supplemental Decree in Divorce in the form of a Qualified
Domestic Relations Order, as ultimately approved by the Plan
Administrator and the Court, a copy of which will be incorporated
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herein by reference as though fully set forth. Husband may
terminate Wife as a survivor beneficiary of any such employee
benefits only to the extent in excess of forty-one (41') percent
of the coverture portion of such survivor benefits. Husband may
not designate a third party as a survivor beneficiary if it would
reduce the amount which wife. would ultimately receive. In the
event that Husband shall continue to receive benefits after the
death of wife, the share which Wife would have received if she
had survived will be payable to her estate. The deferred
distribution to Wife under the Qualified Domestic Relations Order
will include increases in value of Husband's employee pension
which are not attributable to his contributions after the date of
separation of the parties on August 31, 1995. Husband shall
retain his employee annuity account, and Wife shall retain her
employee pension; and
(c) The parties will execute and deliver any documents
necessary to formally release their rights and all claims to the
life insurance of the other.
ARTICLE IV
DEBTS OF PARTIES
4.01 Loans. Responsibility for the outstanding loan
obligations of the parties is assigned, as follows:
(a) In connection with her mortgage refinancing, Wife shall
pay the balances of the following marital obligations to a
maximum total amount of sixty-Nine Thousand and NO/100
($69,000.00) Dollars:
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(1) Harris Savings Bank mortgage on the
marital dwelling;
(2) Members 1st Federal Credit union;
(3) Sears Roebuck & Co. account;
(4) AVCO;
(5) GE credit car~;
(6) BOscov's;
(7) 542 Federal credit Union;
(8) Bank of New York;
(9) Internal Revenue Service;
(10) The Northwest account;
(11) The GECAF credit card;
(12) The MBNA Mastercard; and
(13) All real estate taxes on the marital
dwelling through and including the 1996-1997
school taxes.
(b) Husband shall be responsible for any other marital
obligations.
4.02 Post-SeDaration Obliaations. Each party represents to
the other that, except as specifically set forth immediately
above, there are no outstanding joint obligations of the parties
and that since the separation neither party has contracted for
any debts for which the other will be responsible. Each party
indemnifies and holds harmless the other for all obligations
separately incurred or assumed under this Article IV.
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ARTICLE V
ALIMONY
5.01 Waiver. Except as otherwise set forth herein, each of
the parties waives alimony generally.
ARTICLE VI
COUNSEL FEES
6.01 Present Fees. In the event of ' amicable settlement of
all marital issues and the entry of a Decree in Divorce pursuant
to mutual consent within sixty (60) days from the date of this
Agreement, each of the parties hereby assumes his and her own
counsel fees up to and including the date of the Decree in
Divorce.
6.02 Counsel Fees After Divorce. The parties agree with
respect to counsel fees incurred after the divorce, as follows:
(a) In the event that future legal proceedings of any
nature may be necessary for the interpretation or enforcement of
this Agreement or any valid modifications hereof, the prevailing
party shall be entitled to reasonable counsel fees incurred.
(b) Reasonable counsel fees hereunder shall be defined as
reasonable hours expended at the then hourly rate of counsel for
the prevailing party.
(c) Such counsel fees shall extend to any independent
proceedings necessary to collect counsel fees or to enforce any
other judgment or decree in connection with this Agreement.
(d) Such counsel fees shall be payable as alimony so as to
constitute an exception to discharge in bankruptcy but shall not
.
be deductible by the payor or taxable to the payee for income tax
purposes.
ARTICLE vn
GENERAL PROVISIONS
7.01 Income Tax Conseauencee. The parties have heretofore
filed joint federal and state income tax returns. Both parties
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agree that in the event any deficiency in federal, state or local
income tax is proposed, or any assessment of any such tax is made
against either of them, each will indemnify and hold harmless the
other from and against any loss or liability for any such tax
deficiency or assessment and any interest, penalty and expense
incurred in connection therewith. Such tax, interest, penalty or
expense shall be paid solely and entirely by the individual who
is finally determined to be responsible for the def~ciency or
assessment. Except as otherwise set forth herein, any income tax
incidents of any kind imposed by virtue of any transfers of
assets or other payments required under this Agreement will be
the responsibility of the transferee.
7.02 General Release of All Claims. Each party hereto
releases the other from all claims, liabilities, debts,
obligations, actions and causes of action of every kind that have
been incurred relating to or arising from the marriage between
the parties. However, neither party is relieved or discharged
from any obligation under this Agreement or any other instrument
or document executed pursuant to this Agreement.
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7.03 Subsecuent Divorce. Nothing herein contained wilt be
deemed to prevent either of the parties from maintaining a suit
for absolute divorce against the other in any jurisdiction based
upon any past or future conduct of the other, nor to bar the
other from defending any such suit. In the event any such action
is instituted or concluded, the parties will be bound by all of
the terms of this Agreement.
7.04 Waiver of Estate Claim. Except as otherwise herein
provided, in the event of the death of either party hereto, each
party hereby waives, releases and relinquishes any and all rights
that he or she may have or may hereafter acquire as the other
parties' spouse under the present or future laws of any
jurisdiction, as follows:
(a) to elect to take against the will or codicils of the
other party now or hereafter enforced;
(b) to share in the other parties' estate in cases of
intestacy; and
(c) to act as executor or administrator of the other
parties' estate.
7.05 No Debts and Indemnification. Each party represents
and warrants to the other that he or she will not incur any debt,
obligation or other liability, other than those already described
in this Agreement, on which the party is or may be liable. Each
party covenants and agrees that if any claim, action or
proceeding is hereafter initiated seeking to hold the other party
liable for any other debt, obligation, liability, act or omission
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of such party or for any obligation assumed by a party hereunder,
the party liable will, at his or her sole expense, defend the
other against any claim or demand, whether or not well-founded,
and that he or she will indemnify and hold harmless the other
party in respect to all damages resulting therefrom. The
obligation created hereunder. will be payable as alimony so as to
constitute an exception to discharge in bankruptcy.
7.06 Full Disclosure. Each party asserts that he or she
has made a full and complete disclosure of all of the real and
personal property of whatsoever nature and wheresoever located
belonging in anyway to each of them, of all sources and amounts
of income received or receivable by each party, and of every
other fact relating in anyway to the subject matter of this
Agreement. These disclosures are part of the considerations made
by each party for entering into this Agreement.
7.07 Riaht to Live SeDaratelv and Free from Interference.
Each party will live separately and apart from the other at any
place or places that he or she may select. Neither party will
molest, harass, annoy, injure, threaten or interfere with the
other party in any manner whatsoever. Each party may carryon
and engage in any employment, profession, business or other
activity as he or she may deem advisable for his or her sole use
and benefit. Neither party will interfere with the use,
ownership, enjoyment or disposition of any property now owned or
hereafter acquired by the other.
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7.08 Aqreement Voluntary and Clearlv Understood. Each
party to this Agreement acknowledges and declares that he or she,
respectively:
(a) Is fully and completely informed as to the facts
relating to the subject matter of this Agreement and as to the
rights and liabilities of bo~h parties;
(b) Enters into this Agreement voluntarily after receiving
the advice of independent counselor, having had the opportunity
to do so, having decided not to do so;
(c) Has given careful and mature thought to the making of
this Agreement;
(d) Has carefully read each provision of this Agreement;
and
(e) Fully and completely understands each Provision of this
Agreement, both as to the subject matter and legal effect.
7.09 Comnliance. The parties will execute and deliver any
documents necessary to formally conclude any of their obligations
under the terms of this Agreement to each other.
7.10 Default. If either party fails in the due performance
of any of his or her material obligations hereunder, the party
not in default will have the right to act against the other, at
his or her election, to sue for damages for breach hereof, or to
rescind this Agreement or seek such other legal remedies as may
be available to either party. Nothing herein shall be construed
to restrict or impair either party in the exercise of this
election.
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7.11 Amendment or Modification. This Agreement may be
amended or modified only by a written instrument signed by both
parties.
7.12 Successors and Assions. Except as otherwise
expressly provided herein, this Agreement will be binding on and
inure to the benefit of the ~espective legatees, devisees, heirs,
executors, administrators, assigns and successors in interest of
the parties.'
7.13 Law Governino Aoreement. This Agreement will be
governed by and will be construed in accordance with the laws of
the Commonwealth of Pennsylvania in effect at the date of
execution hereof.
7.14 Condition Subseouent. This Agreement is expressly
contingent upon Wife's being able, through the exercise of
reasonable efforts, to obtain a fixed rate mortgage in the amount
of One Hundred Thousand and NO/100 ($100,000) Dollars for thirty
(30) years at prevailing mortgage interest rates. This Agreement
is further expressly contingent upon the parties' mutual consent
within sixty (60) days from the date of this Agreement to a
Divorce which consent will not be revoked prior to issuance of a
full and final Decree in Divorce. In the event of failure or
revocation of consent as required herein, this Agreement shall
become null and void.
IN WITNESS WHEREOF, the parties hereto have hereunto set
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their hands and seals, intending to be legally bound hereby, the
day and year first above written.
signed, Sealed and Delivered
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On this, the ;.,i day
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) SS:
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of cy~
personaf1y appeared
, 1997, before
me, the undersigned officer,
VIRGIL O.
O'HARA, known to me (or satisfactorily proven) to be the person
whose name is subscribed to ~he foregoing Agreement and
.
acknowledged that he executed the same for the purposes therein
contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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Notary pu ic
Notarial Seal
Connie J. Trill. Notary Public
Carlisle, Cumberland County
, My Commission Expires Oct. 5, 2000
L
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF CUMBERLAND )
On this, the ,2,( day of r ' 1997, before
me, the undersigned officer, personally appeared JUDY A. O'HARA,
known to me (or satisfactorily proven) to be the person whose
name is subscribed to the foregoing Agreement and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official
seal.
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Notary P lic
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Notarial Seal
ConnIe J. Trill, Notary Public
Carlisle. Cumberland County
IAv Com.m.'ss'on Expires Del. 5, 2000
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VIRGIL O. O'HARA
Plaintiff
IN nlE COJRT OF CO+lON PLEAS OF
ctMBERLAND COONTY, PENNSYLVANIA
NO. 96-0359 CCMt TEiilf T r J 'I
vs.
JUDY A. O'HARA
Defendant
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record. together with the following information. to the court
for entry of a divorce decree:
1. Grounds for divorce: irretrievable breakdown under Section 330l (c)
~Rkx~xk1d of the Divorce Code. (Strike out inapplicable section)
2. Date and manner of service of the canplaint: Certified mail.
restricted delivery served on January 25. 1996
3. Canplete either Paragraph A. or B.
A. Date of execution of the affidavit of consent required by Section
330l (c) of the Divorce Code: by the plaintiff
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by the defendant
,1I1n..' 1 QQ7
B. 'l) Date of execution of the plaintiff's affidavit required by
Section 3301 (d) of the Divorce Code:
(2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: filh!> i:,'1rt;h~:~1 ir'nDor'V,' .;t~ttli;~a.e'lt ani
Se 8.r';.ltion !l'-"TnCfp.nt d,itE-~t Tllne r 1c;'!' j.,-, in'~111"()r';lt;~;i hIlt not
Inere~a with thp ~e~1'0~ i!l .;iv0~:~e.
5. Indicate date and manner of service of the notice of intention to file
praecipe to transmit record. and attach a copy of said notice under Section
330l (d)'l)(i) of the Divorce Code
Q-~~
~orney for Plaintiff/~feRaant
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James,J(, JOD.eS, Esquire
40 I !!all Loulhcr Street
Carlisle. P A 17013-2657
(717). 240.o2~
VIRGIL O. O'HARA
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. q6 - 3 ~1 CIVIL TERM
CIVIL ACTION--LAW
JUDY A. O'HARA
Defendant
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree in divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or irretriev-
able breakdown of the marriage, you may request marriage counsel-
ing. A list of marriage counselors is available in the Office of
the Prothonotary at the Cumberland County Courthouse, High and
Hanover Streets, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER-
TY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
COURT ADMINISTRATOR
CUMBERLAND COUNTY COURTHOUSE
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
(717)240-6200
VIRGIL O. O'HARA
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL TERM
vs.
CIVIL ACTION--LAW
JUDY A. O'HARA
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is VIRGIL O. O'HARA, who currently resides at
49 West Oakwood Drive, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is JUDY A. O'HARA, who currently resides at
1804 Grahams Woods Road, Carlisle, Cumberland County,
Pennsylvania.
3. Plaintiff and defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The plaintiff and defendant were married on December 21,
1970 in Hagerstown, Maryland.
5. There have been no prior actions of divorce or for annul-
ment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available
and that plaintiff may have the right to require the parties to
participate in counseling.
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6. Plaintiff requests the court to enter a decree of di-
vorce.
Respectfully submitted,
quire
A orney for aintiff
401 East Louther street
Carlisle, FA 17013-2657
(717) 240-0296
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
subject to the penalties of 16 Pa. C.S. ~4904, relating to un-
sworn falsification to authorities.
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VIR L O. O'HARA
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VIRGIL O. O'HARA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-0359 CIVIL TERM
vs.
CIVIL ACTION--LAW
JUDY A. O'HARA
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce.
Date:
1-~S:"4'?
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Ju A. 'Hara
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VIRGIL O. O'HARA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.96-359 CIVIL TERM
vs.
CIVIL ACTION--LAW
JUDY A. O'HARA
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on January 24, 1996.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
complaint.
3. I consent to the entry of a final decree of divorce after
service of notice of intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S. ~4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
.
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DATE:
{;-2-97
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VIRGIL O. O'HARA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.96-359 CIVIL TERM
vs.
CIVIL ACTION--LAW
JUDY A. O'HARA
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the
Divorce Code was filed on January 24, 1996.
2. The marriage of plaintiff and defendant is irretrievably
broken and ninety days have elapsed from the date of filing the
Complaint.
3. I consent to the entry of a final decree in divorceafter
service of notice of intention to request entry of the decree.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S. 94904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
DATE:
Cf'U
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JU A. 'HARA
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VIRGIL O. O'HARA
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.96-359 CIVIL TERM
CIVIL ACTION--LAW
JUDY A. O'HARA
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the prothono-
tary.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S. ~4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
DATE:
b-:a-f'/
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VI O. O'HARA
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VIRGIL O. O'HARA
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.96-359 CIVIL TERM
CIVIL ACTION--LAW
vs.
JUDY A. O'HARA
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER ~ 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a divorce
decree is entered by the Court and that a copy of the decree will
be sent to me immediately after it is filed with the prothono-
tary.
I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT ARE TRUE
AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF 18 PA.C.S. ~4904 RELATING TO UNSWORN
FALSIFICATION TO AUTHORITIES.
DATE:
~t1~ ,;.~. 14tJ7
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JU A. ~'HARA
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RECEIVED MAR 0 620C6 Y'
VIRGIL O. O'HARA,
PlaintilT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LA W
v.
JUDY A. O'HARA,
Defendant
NO. 96-359 CIVIL TERM
IN DIVORCE
SUPPLEMENTAL DECREE IN DIVORCE
AND NOW, this J r day of
,.")1/.'.. "
,2006, upon review of the
record in the above-captioned matter, it is ordered and decreed in accordance with the
Property Settlement and Separation Agreement between the parties, a copy of the
pertinent portions of which is attached hereto and incorpomted herein by reference, as
follows:
The purpose of this Order is to create and recognize the right of Alternate Payee
under the Employee Retirement Income Security Act of 1974 and the Retirement Equity
Act of 1984 to receive the designated portions of the benefits payable to Participant with
respect to the Plan.
The Plan to which this Order applies is the International Union of Operating
Engineers of Eastern Pennsylvania a.nd Delaware Pension Funds.
Participant, VIRGIL O. O'HARA, whose last known mailing address is 32 Carter
Place, Carlisle, Pennsylvania 17013 and whose Social Security number is 197-40-8550
W^YNE F. SII^DE
Anomcy I' Law
S3 Wesl PomrrctSttcct
Carlblc, Pcnnsyl'4llia
1701)
was born on October 19, 1950.
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Alternate Payee, JUDY A. O'HARA, whose last known mailing address is 49
West Oakwood Drive, Carlisle, Pennsylvania 17013, and whose Social Security number
is 200-36-7798 was born on December 18, 1952.
Alternate Payee is hereby awarded, for her lifetime, forty-one (41 %) percent ofthe
accrued benefits of Participant at date of distribution, attributable to the marriage. Said
accrued benefits attributable to the marriage shall be calculated according to a coverture
fmction. The numerator of the coverture fmction is the number of months, rounded to the
nearest month, that Participant and Alternate Payee were married while Participant was in
the Plan. The parties were married on December 21, 1970. The date of the last
separation of the parties from marital cohabitation was August 31, 1995. The
denominator of the cov~rture fraction will be the number of months, rounded to the
nearest month, Participant was in the Plan as of the earlier of: (1) his retirement; (2) his
separation from service; or (3) as of such date the Alternate Payee is eligible and elects to
begin receiving her share of the bcnefit.
The basic award shall be increased if applicable by any cost of living increases
gmnted to Participant a~ a Retiree. under the Plan in proportion to the mtio of the porti!>n
of the accrued benefit assigned to Alternate Payee to the benefit otherwise payable to
Participant under the Plan before any assignment to Alternate Payee. If there is an
W^YNEF.SI~DE
Anomcy I' Law
S) West Pomr", SUed
Carlisle. Pennsylvania
1701)
-2-
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enhancement in Participant's benefit due to a change of plan formula,this enhancement
shall be applied to Altemate Payee's benefit as well as Participant's.
If the Plan allows and if Alternate Payee elects early benefit commencement
(which may be as early as Participant's earliest retirement date, as defined in
~414(p)(4)(B) of the Internal Revenue Code of 1986), Alternate Payee's award shall be
actuarially or otherwise reduced as may be required under the Plan. If benefit payment
begins to Alternate Payee under the terms of this Order when or before Participant's
benefit begins, and ifPllrticipant elects early retirement benefits under the terms of the
Plan, and if there is an enhancement or subsidy which increases said early retirement
benefits, then the benefit in payment to Alternate Payee shall be recalculated by the Plan
Administmtor to share in such increased benefit in the same proportion as Alternate
Payee's awarded benefit bears to the benefit otherwise payable to Participant under the
Plan before any assignment to Alternate Payee.
Alternate Payee may commence her share of the Participant's benefit at any time
after Participant is eligible to retire, Alternate Payee must commence her share of the
Participant's benefit no later than the date on which the Participant commences his
benefit.
The Alternate Payee's benefits will be payable as an actuarially equivalent sepamte
W^YNEF.SI~DE
Anomey al Law
S) West Pomr", S_
Carlisle, Pauu)'IWIIli.
1701)
interest to the Alternate Payce in any form or permissible option otherwise available to
-J.
Participants and Alternllte Payces under the terms of the Plan, except ajoint and survivor
annuity benefitting another spouse. I f Participant predeceases Alternate Payee prior to
either party's commencing hislhcr benefits, Altcrnate Payee will be treated as
Participant's surviving spouse for purposes ofthe pre-retirement survivor annuity benefit
available under the Plan. The survivor annuity will be paid in lieu of the benefit
otherwise assigncd under this Order. [The amount of Alternate Payee's pre-retirement
survivor annuity shall be calculated based on Alternate Payee's marital share set forth
above.]
In the event of death of Alternate Payee prior to payment of any minimum
guaranteed payments to Altcrnate Payee, the payments awarded to Alternate Payee
hereinabove shall be paid to the estatc of Alternate Payee.
In the event of present or future availability of any Qualified Preretirement
Survivor Annuities with respect to the pension of Participant, Participant shall elect the
option which will provide maximum benefits for Alternate Payce upon the death of
Participant. Participant will maintain Alternate Payec as a designated beneficiary of any
such Qualified Preretirc,ment Survivor Annuitics for the life of Altcrnate Payee.
This Order shall be administered and interpreted in all respects to comply with the
pertincnt requirements I)fthe Internal Revenue Code, the Employee Retiremcnt Income
W ^ YNE F. SIIADE
Anomcy al Law
53 Wcsl pomrm Street
C.rlisle, Pennsylvania
17013
Security Act of 1974 and the Retiremcnt Equity Act of 1984.
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The Court retains jurisdiction to amcnd this Ordcr, but only for the purposes of
supervision, enforcement and establishing or maintaining the qualification of the Order as
a Qualified Domestic Relations Order under and in conformity with the aforesaid federal
statutes.
Participant is ordered to notify the Court and Alternate Payee at least sixty (60)
days before receipt of any benefits from the Plan.
A certified copy of this Order shall be forthwith served upon the Plan
Administmtor. Said Order shall take elTcct immediately and shall remain in effect until
further order of the Court.
This Order is a linal Order.
STIPULATED AND AGREED:
~~() M~
VirgO .O'Ham
Date: (JZ- 2/- Ob
OAdv.! fJ. 07k "--
JUffFA.cry)ara
Date: -:,.....2......0 I,
W^YNEF.SI~DE
Anomcy a. Law
S) West Pomr", Sum
Cltlisle, Pennsylvania
17013
)VED AS TO FORM:
~
Anne S. Johnso squire
Attorney for Participanl
Date: ;J/:J7~('
-~-
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Wayne F.~hade, Esquire
Attorney for Alternate Payee
Date: :1./8,./0'-
By the Court, I
. A /Jz-
WAYNE F, SIIADE
A_"uw
S) West Pomr",_
Carlislc,l'ennt)lvani.
1701)
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