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DECREE IN
DIVORCE
AND NOW, ..., A,p, ~,:J."..,........ 19,'.9.. it is ordered and
decreed that .". ,:r,e.. a.", ,., .. . ,$. L .L.c;>~ .I.;", . , , , . . . . . , . , . '. plaintiff,
and...." .R..,\,i.,\" V:J., .~-t.., .L,~....u~,.,...,.,.,.""..,. defendant,
are divorced from the bonds of matrimony,
The court retoins jurisdiction of the following claims which have
been raised of record in this action for which a finol order has not yet
been entered;
.,~~~,q,q~r.,i~~~~~ .q~v.~,Q~~n,~g~~~d,tQ.und~~,a,Ma~ital,Settlemeot.Agreemen~
. .b,~~'-:~~11 .t,lJ~ ,p.l\t:~il!~ .<!l\tl!<! ,Ill!<;l!l1)q~J;' . P. ,\~~Il,Ii~ic;ll.'I~I)H. Q'i',I,l, pI,lH. \1'i'fe9f.
but which shall not merge herein.
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JEAN L. ST. LOUIS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96-3337
RICHARD ST. LOUIS,
DEFENDANT
CIVIL ACTION . LAW
IN DIVORCE
STIPULATION AND AGREEMENT
AND NOW, the parties, Jean L. SI. Louis, Plaintiff, and Richard SI. Louis, Defendant, do hereby
Stipulate and Agree as follows:
1. Richard Sl. Louis (hereinafter referred to as "Member") is a member of the
Commonwealth of Pennsylvania, State Employe's Retirement System (hereinafter referred to as
"SERS").
2. SERS, as a creature of statute, is controlled by the State Employes' Rr.tirement
Code, 71 Pa. C.S. Sections 5101-5956 ("Retirement Code").
3. Jean L. Sl. Louis (hereinafter referred to as "Alternate Payee") is the former
spouse of Member.
4, The name, last known address, social security number, and date of birth of the plan
"Member" are:
Name: Richard SI. Louis ("Member")
Address: 23 South 39lh Street, Camp Hill, Pennsylvania 17011
Social Security Number: 007-44-3904
Birth Date: January 18, 1948
5. The name, last known address, social security number, and date of birth of the
"Alternate Payee" are:
Name: Jean L. SI. Louis ("Alternate Payee")
Address: 660 Boas Street, ApI. 1415, Hsrrisburg, Pennsylvania 17102
Social Security Number: 267-94-9916
Birth Date: July 24, 1948
-1-
It is thc rcsponsibility of Alternatc Payee to keep a current mailing address on filc with SERS tt
a1ltimcs.
6. (a) Thc marital propcrty component ofthc Mcmbcr's retirement benefit cquals
(1) thc Covcrturc Fraction mu!tiplied by (2) the Member's retirement benefit as of Member's
effectivc datc of retiremcnt,
(b) Thc Coverturc Fraction is a fraction with a value Icss than or equal to onc.
Thc numcrator shall cqualthc amount ofMcmber's creditcd service for the period from the date
thc Mcmber becamc a Participant in SERS (November IS, 1972) to May 31, 1996. The
dcnominator shall cqualthe total amount of Member's service, as defined by SERS, on the
effective date of Member's retirement.
(c) Fifty and Forty-Five One Hundredths Percent (50.45%) of the marital
property component of Member's retirement benefit, credited with the statutory rate of interest, is
to be allocated to A1tematc Payee as her equitable distribution portion of this marital asset.
7, Member's retirement benefit is defined as all monies paid to or on behalf of
Mcmber of SERS, including any lump sum withdrawals or scheduled or ad hoc increases, but
excluding the disability portion of any disability annuities paid to Member by SERS or any
deferred compcnsation benefits paid to Member by SERS. The equitsble distribution portion of
thc marital property component ofMemher's retirement benefit, as set forth in Paragraph Six (6)
shall bc payable to Alternate Payee and shall commence as soon as administratively feasible after
the date the Member enters pay status or the entry of this Stipulation and Agreement as a
Domestic Relations Order acceptable to SERS, whichever is later.
8. Member hereby nominates Alternate Payee as an irrevocable beneficiary to the
extent of the Alternate payee's equitable distribution portion of the Member's retirement benefit
for any death benefits payable by SERS. This nomination shall become effective upon approval
by the Secretary of the Retirement Board, or his authorized representative, of any Domestic
Relations Order incorporating this Stipulation and Agreement. The balance of any death benefit
remaining after the allocation of the A1temate Payee's equitable distribution portion ("Balance")
shall be paid to the beneficiaries named by the Member on the Isst Nomination of Beneficiaries
Form filed with the Retirement Board prior to Member's death,
(a) If the last Nomination of Beneficiaries Form filed by the Member prior to
Member's death (a) predates any approved Domestic Relations Order incorporating this Stipula-
tion and Agreement, and (b) names Altemate Payee as a beneficiary, then (1) the terms of the
Domestic Relations Order shall alone govem Alternste Payee's share of any death benefit, and (2)
for purposes of paying the Balance via the last Nomination of Beneficiaries Form filed with the
-2-
Retirement Board prior to Member's death, Alternate Payee shall be treated as if the Altemate
Payee predeceased Member, No portion of the Balance shall be payable to the Alternate Payee's
estate.
(b) In addition, Member shall execute and deliver to the Alternate Payee an
authorization, in I fonn acceptable to SERS, which will authorize SERS to release to the
Alternate Payee all relevant infonnation concerning Member's retirement account. Alternate
Payee shall deliver the authorization to SERS which will allow the Alternate Payee to check that
she has been and continues to be properly nominated under this psragraph.
9. If Member dies prior to filing a retirementspplication, he shall be presumed to
have applied for an annuity and to have elected Option 1, as set forth in 71 Pa.C,S, ~5707(a).
The Alternate Payee's equitable distribution portion of any death benefit payable by SERS shall be
paid to the Alternate Payee, The balance of any death benefit remaining after the allocation of
Alternate Payee's equitable distribution portion shall be paid to the beneficiaries named by
Member on the last Nomination of Beneficiaries fonn filed with the Retirement Board prior to
Member's death.
10. The tenn and amounts of Member's retirement benefits payable to the Alternate
Payee after SERS approves a Domestic Relations Order incorporating this Stipulation and
Agreement depends upon which option Member selects at retirement. Member and Alternate
Payee expressly agree that Member may select any retirement option offered by SERS under the
Retirement Code at the time Member files an Application for Retirement Allowance with SERS.
Member further agrees that he will not delay receipt of his retirement benefits from his State
Employees' Retirement account beyond his nonnal retirement age (65 years).
11. Alternate Payee may not exercise any right, privilege or option offered by SERS.
SERS shall issue individual tax forms to Member and A1temate Payee for amounts paid to each.
12. In the event of the death of Alternate Payee prior to her receiving all of her
payments payable to her from SERS under the tenns of this Stipulation and Agreement, any death
benefit or retirement benefit payable to Alternate Payee by SERS shall be paid to A1ternste
Payee's Estate to the extent of Alternate Payee's equitable distribution portion of Member's
retirement benefit as set forth in Paragraphs Six through Ten,
13. In no event shall Alternate Payee have greater benefits or rights other than those
which are available to Member. Alternate Payee is not entitled to any benefit not otherwise
provided by SERS. The Alternate Payee is only entitled to the specific benefits offered by SERS
as provided in this Stipulation and Agreement. All other rights, privileges and options offered by
SERS not granted to Alternate Payee are preserved for Member.
-3-
JEAN L. ST. LOUIS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3337
v.
RICHARD ST. LOUIS,
DEFENDANT
CIVIL ACTION. LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court for entry of
divorce decree:
1. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code.
2. Date and manner of service of the complaint:
June 14, 1996 by personal service
3. Date of execution of the affidavit of consent required by ~3301(c) of the Divorce
Code: by plaintiff March 24, 1999; by defendant: March 17, 1999.
4. Related claims pending: None
5. Date plaintitrs Waiver of Notice in ~3301(c) Divorce was filed with the
prothonotary: March 26, 1999
Date defendant's Waiver of Notice in ~3301(c) Divorce was filed with the
prothonotary: March 26, 1999
Dated: March 26, 1999
~F~jjrRMM~~
1.0. No, 38904
415 Fallowfield Road, Suite 102
Camp Hill, PA 17011-4906
717.612.5802
Allomey for Plaintiff
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JEAN ST. LOUIS
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNA
v.
No.
RICHARD ST. LOUIS
Defendant
CIVIL ACTION. LAW
IN DIVORCE
COMPLAINT FOR DIVORCE. EQUITABLE DISTRIBUTION.
ALIMONY PENDENTE LITE AND ALIMONY
tA (1,
AND NOW, this ~ day of ~ .0"'; , 1996, comes the Plaintiff, JEAN
ST. LOUIS, by and through her attorneys, Knupp & Kodak, P.C., and seeks to obtain
a Decree of Divorce from the above-named Defendant upon the grounds hereinafter
more fully set forth:
1. Plaintiff Is JEAN ST. LOUIS, an adult individual, who currently resides at
909 Eppley Road, Mechanlcsburg, Pennsylvania and has since 1986.
2. Defendant is RICHARD ST. LOUIS, an adult individual, who currently
resides at 909 Eppley Road, Mechanlcsburg, Pennsylvania and has since 1986.
3. Plaintiff and Defendent have been bone fide residents of the
Commonwealth for at least six (6) months Immediately previous to tho filing of this
Complaint.
.'
COUNT II . DIVORCE. ADUL TERV
10. Paragraphs 1 through 9 are Incorporated herein by reference tlS If set
forth et length.
11. The defendant has committed adultery during the marriage. Plaintiff is
entitled to a divorce pursuant to Section 3301 (a)(2) of the Divorce Code.
WHEREFORE, Plaintiff requests that this Honorable Court enter a Divorce Decree
In the above matter.
COUNT III . DIVORCE - INDIGNITIE~
12. Paragraphs 1 through 11 are Incorporated herein by reference as If set
forth at length.
13. The defendant has offered such Indignities to Plaintiff, the innocent and
Injured spouse, so as to render her condition intolerable and life burdensome. Plaintiff
is entitled to a divorce pursuant to Section 3301 (a)(6) of the Divorce Code.
WHEREFORE, Plaintiff requests that this Honorable Court enter a Divorce Decree
In the above matter.
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 3337 CIVIL
JEAN ST. LOUIS,
Plaintiff
RICHARD ST. LOUIS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AND NOW, this
APPIDAVIT OP SERVICB
"F
I 1(1) I
_ day of
Ul'lJl:
1996, comes Gary J. Imblum, Esquire, Attorney for Plaintiff, who,
being duly sworn according to law, deposes and says that:
1. A Complaint under Section 3301 (c) and 3301 (d) of the
Divorce Code was filed on June 13, 1996.
2. On June 14, 1996, a certified copy of the Complaint was
sent to the Defendant via personal service.
A copy of the
Affidavit of Service of the process server is attached as Exhibit
"A" and incorporated herein by reference.
KNUPP &: KODAK, P'C~0' .~
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BY:
Gary J. Imbl m "
Attorney IL . No. 42606
407 North/Fron~ Street
Harrisburg, PA 17101
DATED:--L- // ()/
Attorney for Plaintiff
. -
AFFI~AVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF DAUPHIN
:S5.
On the
fl
14 day of JUNE
, 1996,
served
I, the undersigned, EUGENE SHUEY
upon RICHARD ST. LOUIS
an adult indi~al
by oersonal service
at DER BUILDING - 4TH & MARKET STREETS. HARRISBURG. PA
BUREAU OF AIR OUALITY - ASSISTANT DIRECTOR
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Signa e of Server
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SWORN TO AND SUBSCRIBED
ME THIS I~n+ DAY OF
OUf'oE
BEFORE
, 1996.
(/
Expires:
l Notanal S41al
Bonnie Jo Hull. N0141'f PMbllo
Harrisburg, Dauphin Ccun:y
,My Commllllon Expire. Jon. 14. 1999
II: '..1 ruw', Pt1rnJyMI'Ia AsBoc:iI%lan 01 NounII
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JEAN L. ST. LOTJIS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 96.3337
RICHARD ST. LOUIS,
DEFENDANT
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER 6330 I (J;) OF THE DIVORCE DECREE
I. I consent to the entry ofa 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! do not claim them before a divorce is granted.
3, I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I verilY that the statements made in this affidavit are true and correct. I understand that
false statements made herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to
unsworn falsification to authorities.
Date: ~tM//'/ t.. r /'1'.'1
~;( ~//~
/Jean L, St. Louis
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JEAN L. ST. LOUIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3337
CIVIL ACTION
v.
RICHARD ST. LOUIS,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under ~3301(c) of the Divorce
Code was filed on June 13, 1996.
2. The marriage of Plaintiff
irretrievably broken and ninety days have
of filing and service of the Complaint.
3. I consent to the entry of a final decree in divorce
after service of notice of intention to request entry of the
decree.
and Defendant is
elapsed from the date
I verify that the statements made in this affidavit are true
and correct. I understand that false statements made herein are
made subject to the penalties of 18 Pa.C.S. ~4904 relating to
unsworn falsification to authorities.
Date:j,hA;;
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R hard t. Louis
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JEAN L. ST. LOUIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3337
CIVIL ACTION
IN DIVORCE
v.
RICHARD ST. LOUIS,
Defendant
WAIVER OP NOTICE OP INTENTION TO REOUEST ENTRY OP A DIVORCE
DECREE UNDER ~3301(ol OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not claim
them before a divorce is granted.
3. I understand that I will not be divorced until a
divorce decree is entered by the Court and that a copy of the
decree will be sent to me immediately after it is filed with the
prothonotary.
I verify that the statements made in this affidavit are true
and correct. 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: ,;P~ft7
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JEAN ST. LOUIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
RICHARD ST. LOUIS,
Defendant
CIVIL ACTION - LAW
NO. 96 - 3337 CIVIL
19
IN DIVORCE
STATUS SHEET
DATE:
ACTIVITIES:
Pretrial statements due 7/10/98.
6/10/98
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OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240.6535
E. Robert EliCker, II
Divorce Masler
Treel .10 Colver
01llce Manager/Reporler
West Sho~e
697.0371 Ex!. 6535
June 10, 1995
Marilyn C. Zilli
Attorney at Law
FETTERHOFF & ZILLI
200 North Third street
Harrisburg, PA 17101
RE: Jean st. Louis vs. Richard st. Louis
No. 96 - 3337 Civil
In Divorce
Wayne H. Pecht, Esquire
KEEFER, WOOD, ALLEN & RAHAL, LLP
415 Fallowfield Road, suite 102
camp Hill, PA 17011-4916
Dear Hr. Pecht and Ms. Zil1i:
By order of Court of President Judge George E. Hoffer
dated June 4, 1995, the fUll-time Master has been appointed in
the above referenced divorce proceedings.
The motion for appointment of Master was filed by Harilyn
C. zil1i as attorney for the Defendant; however, I request that
Ho. zi11i enter her appearance in the action for the Defendant.
A divorce complaint was filed on June 13, 1996, raising
grounds for divorce of irretrievable breakdown of the marriage
and indignities. The complaint also raised the economic claims
of equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses.
I am going to proceed on the basis that grounds for
divorce are not an issue and that both parties will sign
affidavits of consent or have been separated for a period in
excess of two years. Based on that assumption, I am directing
each counsel in accordance with P.R.C.P. 1920.33(b) to file a
pre-trial statement on or before Friday, July 10, 199B. Upon
receipt of the pre-trial statements, I will immediately schedule
a pre-hearing conference with counsel to discuss the issues and,
,
Mr. Pecht and Ms. Zi11i, Attorneys at Law
10 June 1998
Paae 2
it necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO O?POSING
COUNSEL.
,
JEAN ST. LOUIS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 3337 Civil
VS.
RICHARD ST. LOUIS,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Wayne M. Pecht
Marilyn C. Zil1i
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover Street, Carlisle,
Pennsylvania, on the 12th day of October, 1998, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 7/13/98
E. Robert Elicker, II
Divorce Master
HIEATH L ALLIN
N 0....10 ..~H.L
CH.RLII W AU.INDALL II
ROIIIAT L WELDON
IEUGENI E, PEPINaKY, JA
THOM.. I: WOOD
.JOHN H. INOa III
GARY IE "UNCH
DONNA I WILDON
...AD'ORD DORRANCt
.JI:FFReY s. ITQKIS
ROlllEAT A CHURCH
In"HIN L, OROII
" ICOlT IHI'\RI"
WAYNI M PICHT
~ONALD M. LlEWIS III
BPlIDOlT M. WHITLEY
BRINDA I LYNCH
SHAWN w w"a
ALLAN J ROSSI
KEEFER WOOD ALLEN & RAHAL, LLP
41!5 F'ALLOWF'IELD ROAD, SUITE IDZ
CAMP HILL, PA 17011-490e
PHONE (717) 612'S800
"AX (717) 612'S80S
ESTABLISHED IN 1010
0' COUNSEL.:
WIL.L.IAM H. WOOD
8AMUEL C. HARRY
EIN No 23'071tS13e
HARRIIBURO OFFlCIE:
illO WALNUT ITRIIT
HAAAIII!IURO. P. 17101
PHONK (717) 11515-11000
FAJC (717) aaa.10150
January 13, 1999
W"ITI'''. DII'ICT DIAL
717.612.5802
E. Robert Elicker, II
Divorce Master
Officc ofDivorcc Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle, P A 17013
Re: Jean L, St. Louis v. Richard St. Louis
No, 96 - 3337 Civil
In Divorce
Dear Mr. Elicker:
Enclosed are two fully-executed copies of the Marital Seulement Agreement in the above-
referenced maUer. Please have the appropriate Order to Vacate prepared for signature by Judge
Hoffer.
If you need additional infonnation, please contact me.
Very truly yours,
KEEFER WOOD ALLEN & RAHAL, LLP
By ~~~ht
WMP:cjr
Enclosures
cc: Marilyn C. ZilIi, Esquire
JEAN ST. LOUIS,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
RICHARD ST. LOUIS,
Defendant
NO. 96 - 3337 civil
IN DIVORCE
RESCHEDULED PRE-HEARING CONFERENCE
TO: Wayne M. Pecht
Marilyn C. zil1i
, Counsel for Plaintiff
, Counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover street, carlisle,
Pennsylvania, on the 16th day of october, 1998, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 7/16/98
E. Robert Elicker, II
Divorce Master
. I
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FI!TTERHOFP AND ZIW
ATTORNEYS AT LAW
200 N, THIRD ~TREET. SUITE BOO
P.O. BOX 1161
HARRISBURG. PENNSYLVANIA 1710B
WILLIAM A. 'InIRHO"
MAlItlLYN C. IILLI
TILI"HONI
1I'.lal.'7111
,...
7t7.111.41111
July 14, 1998
E. Robert Elicker, II, Esq.
Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover street
Carlisle, PA' 17013
ATTN: Traci
Re: st. Louis v. st. Louis
No. 96-3337 civil
In Divorce
Dear Traci:
I represent Defendant Husband in the above-noted divorce
action.
I received today the notice from your office scheduling the
Prehearing Conference in this case for Monday, october 12, 1998.
Since that day is Columbus Day and a school holiday, my family
and I often go out of town, to take advantage of the long
weekend. I believe the day is also a state and federal holiday.
In speaking to you today I understood that it would be possible
to reschedule the conference to Friday, October 16, 1998. If
that date is oonvenient for Mr. Pecht and Ms. st. Louis, I would
appreciate such rescheduling. It is not my intent to delay this
proceeding unnecessarily. Therefore if the date is not
convenient for all parties, please contact me again.
Thank you for your attention and cooperation.
Very truly
\w!
yours,
-)
Zitli. .).. ((
cc: Wayne M. Pecht, Esquire
Mr. Richard st. Louis
'"'-..-..,'" ',...;.J.;lo'."';"
~~1'-''''.
~
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o!BAN ST. LOUIS I IN THE COURT or COMMON PLEAS
PlaintUf I CUMBERLAND COUNTY, PENNA
I
v. I NO. 96-3337 CIVIL
I
RICHARD ST. LOUIS I CIVIL ACTION - LAW
Defendant I IN DIVORCE
PRAECIPE rOR WITHDRAWAL AND ENTRY or APPEARANCE
Please withdraw the appearance of Knupp & Kodak, P.C. in the
above matter and enter the ~ppearance of Keefer, Wood, Allen &
Rahal by Wayne M. Pecht, Esquire in the above-captioned matter.
WAYNE M. PECHT, ESQUIRE
DATED:
~
.
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JEIIN ST. LOUIS,
PLIIIN'I'IFF
v.
IN TUB COURT OF COMMON PI,EIIS
CUMOERLIIND COUNTY, PENNSYLVIINIII
NO. 96-3337
-
RICHIIRD ST. r.oUIS,
'DEFENDIIN'r
CIVIL IICTION - I~W
DIVORCE
I'MF,;Ql~ ,
Please enter my appearance on behalf of Richard st. Louis,
Defendant above-named.
Date
~ ~. (~.,~ - 1 (f
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Mil r rrync:- Z i ll(-;) Bsq.
Fetterhoff and flli
200 N. Third Street, suite BOO
Harrisburg, PII 17101
(717) 232-7722
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FI!TTI!RHOPp AND ZIW
ArrO"NEVe AT LAW
200 N. THIRD STREET. SUITE 800
P,O, BOX 1161
HARRISBURG. PENNSYLVANIA 17108
WILLIAM A. 'ITTI"HO',.
MARILYN C. IILLI
July 3, 1998
TILI'HONI
71'.111.771.
'AX
'1'..U.....
E. Robert Elicker, II, Esq.
Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover street
Carlisle, PA 17013
Re: St. Louis v. st. Louis
No. 96-3337 Civil
In Divorce
Dear Mr. Elicker:
Enclosed please find Defendant's Pre-Trial Statement in the
above-noted case.
\~rulY your.,
!2 0, \ C ~ A
'-Marilyn C. Zi~~
Enclosure
cc: Wayne M. Pecht, Esquire
Mr. Richard st. Louis
.
III v'~~ ~
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3337
CIVIL ACTION - LAW
IN DIVORCE
JEAN ST. LOUIS,
PLAINTIFF
RICHARD ST. LOUIS,
DEFENDANT
PRE-TRIAL STATEMENT OF DEFENDANT
1. MARRIAGE I Married on June 14, 1970, first marriage for
both of the parties. separated: May 31, 1996. , Wife filed
Complaint on June 13, 1996 raising claims of equitable
distribution, ~ and alimony.
2. PARTIES I
Husband: Richard st. Louis
23 South 39th Street, Camp Hill, PA 17011
Date of Birth: January 1B, 194B
Age: 50 years
Employed as Bureau Director, DEP, Commonwealth
of Pennsylvania
Net Pay: approximately $1,700.00 bi-week1y,
less $406.00 ~
College graduate
Health problems
Jean nee Cote st.Louis
Address unknown
Date of Birth: July 24, 194B
Age: 49 years
Employed (specific information has been requested)
Salary unknown/ presently receiving ~
Some college courses/ no degree
Health problems
Wife:
i
g.
3.
CHILDREN I
Two boys, both over 1B years
4. ASSETS I
Property at 909 Eppley Road
sold March, 199B
net proceeds (in escrow)
$30,2B3.35
Wife's personal injury settlement
1990 Ford Ranger
1996 Jeep Cherokee/trade on 1991 Plymouth
Voyager
Wife IRA
Wife bank accounts
Husband bank accounts
Savings bonds
Husband pension
Husband deferred compensation
Wife profit sharing
Life insurance
Total:
5. LIABILITIES I
Balance due on education loans
Credit card and store card debt
(Husband only), approximately
Net Assets, approximately:
6.
EXPERT WITNESSES I
None anticipated.
7.
OTHER WITNESSES I
Husband
$19,171.97
$ 3,000.00
$ 7,660.00
$ 1,156.12
$ 1,400.00
$ 1,522.00
$ 360.00
$57,033.00
$ 4,74B.15
?
9 974.00
$127,30B.59
$13,000.00
919.000.00
$95,000.00
B. EXHIBITS I The exhibits will be account statements on
the various assets and liabilities.
9. INCOME/EXPENSESI Please see Defendant's Income and
Expense Statement attached.
10. COUNSEL FE~
Total paid to date:
Current Balance:
$ 2,B76.50
$ 974.25
11. TANGIBLB PERSONAL PROPERTY I Defendant is hoping this issue
will not have to be addressed at the Master's Hearing.
12. PROPOSBD RESOLUTION OF EconOMIC CLAIMSI Defendant has
made numerous proposals for settlement, all of which have been
rejected by Plaintiff. He listed the case for a Master's Hearing
to secure resolution of the various claims.
Respectfully submitted,
Date: 3~~ Jqq~
~c
1yn C. Z II , Esqu re
Fetterhoff and Z lli
200 N. Third street, suite BOO
Harrisburg, PA 17101
(717) 232-7722
In the Court of Common Plen.~ of
ClIMnF.RI.^NIl
County, Pcnn~ylvnnln
,""onr: (717) 240.6~4~
1J(IMt:~"TIl' Rt:'.ATIIINS St:n'II'l
r.lI. "IIX .\In, I.'ARI.IS"':, rA. nnl.\
Fa,! (717) 240.62'"
SBPTBMBBR 18. 1997
Plalmiff Name: JBAN L. ST l,OUIS
Defendanl Name: RICHARD ST LOIITS
Docket Number: 11lJ S 96
PACSES Case Number: 321000036
Olher Slale ID Number:
".... 0"" AD '.rm..,.-. IIIMllnrlvd.lh. PAl:St~~ ('ur Numhfr.
Income and Exoense Statement
TillS FORM MUST Oil FILLIlD OUT
(If yuu are self-em"luyed ur If yuu are salaried hy a hu,lne" uf which yuu are uWller In whnle nr "arl. ynu IIn"l
al5n nil uUllhe Su""I.memallncnme Slalemenl which a"rear5 nn Ihe la51 "age nf Ihl5 hK;ullIe alld exrellse
5Ialemelll.)
. .
INCOME STATIlMIlNT OF ~ 1 rhl'"'l n d b.\. La 1 . ~
I verify Ihallhe 5111emelll5 made In Ihls Incnme anti Exren.<c: Slalem.1I1 are lru. alld cnrreel, InuderslantllllRl
false 5111enlClnlS herein are suhjecllo Ihe criminal re"alli" nf 18 Pa. C.S. ~ 4904, relallnB In unswnrn
falslncalinn In IUlhnrhl". ..-) ~ h ~.
loh /9.;2 -Ic:'L ~'L--
Dale ~;'~fend~
INCOME: /} / // .f b1 /
Em"lnyer (-'(}-HR&tJtJ/I'/h'" C) HAlAI,Y"/ /~/Y/"/
Addre5.' /4 &x r?n f,. .#.#~b..d~~, ~ /?/Af-
TyrenrWnrk A.J/Jr4.d7 AtJ9,t'#_ "-#AI,PA'f,-n!.
P' "pi
Paymll Nil. Grm. Pay rer Pay Perlnd $"tnr. "".sPay Peril'" (wkly., hl-wkly" elc.) "'/-dI'tJ'
Ilemlud Payroll Deducllnns:
Federal Wlthhnldlng
Hks.'"ft:> Snclal SecurilY
$/t#. ~ IJK;al Wage Tu $,1,};rr
WJ?t'/ Savings Blinds $
$ - fI.allh Insurance $
$#6,/J StJC.5t"l: 'Ad//! $.17. Jj
; .~/ SEt',a /.. (J
Slale IncllnlCl Tax
Credh Unlllll
$
Life IlIsuralK;.
OIlier Deducllnll5 ('reclfy) y/",I tI/'c1;".e
pO" r_/""
N.I Pay rer Pay Peril'" $ ~.f / cI, /' J
S.rvlce 'fyre M
FlIlIIIIN.OO8
Wnrker ID ~120~
1r.:1I01Cl anti F.xren.~ SlalenlClnl PArSES rase ~!lIn"1Cr 32100003~
OTIIER (Fill In A""rn"ri.'e Clllumn)
INCOME
WF.F.K MONTII VEAR
Inleresl $ S S
Dlvld.nda
Pen.~lon
Annuity
Social SecurilY
Renls
Royallles
F.xrensc: Accounl
Gills
Unem"loYOIClnl
Compen.ulllln
WurkOlCln'a
Cllmpensallnn
IRS Refund
Other
Other
TOTAL $ $ $
TOTAL INCOME $ tf/~
(Fill in A""rn"rlate Clllnmn)
EXPENSES WEEK MONT II VEAR
lIome
$ $ (,110, () 0 S
Maintenance A/W
UlllltlCllI
F.leclric 2;1.0<'
Ga.~ <>0
Oil (~~L'd) eJO
T.I."hllne va
Page 2 IIf 6 Fllrm IN.0Il8
Service Tyre M WIlI.er ID 21202
""..J'....._
IlIcmllCl IlId Ilxrell<e SlRlemClI1
P^CSIiS Case NUlllh"r ~H on003~
-
(1'11I111 ^""",,,,I'1e Cllhlllln)
EXPENSES
(continued) WF.EK MONT" VF.AR
Waler S S ...1..r,"o cJ S
Sewer , ~ 9. 0 rJ
F.mploJ1l1ftll ,
Puhllc Tran.,,,"rtlll"ll S S tV//! S
Lunch /PtJ,eJo
T..et
Real ESlale S S S
Personal Prorerty _R(/,..?y ~(",(J-j
Income
IlL1urance
Homc:t1wners S S S
AulnnMlhlle /......?,.?J- (.J7~.,f7IA.>>u.
Life /./? ZJ-
Accidc:nl -
lJeahh -
Olher -
Automobile
Paymc:nls S S - S
Fuel /t:JeJ, 0.:>
R....lrs .....t>.oCJ
MMI..I
D'K;lur S S S
1l.n1I.1 ./.f":' cJ V
OrthlldmulSl
)
Service Tyre H
rage J III 6
Fnlm1N-008
Wmker ID 3l~02
Incumc: and Exre"se Slllemenl
PM'SES Clse NUlllher "H00003~
(1'111 In ^\1\1"'\1,II" CnluOIII)
EXPENSES
(.onClnued) WF.F.K MONTH VF.AR
lIo~,,11I1
Medicine /d, tic?
Sreclal needs (SIa.~lICls. $#~ /r,.JrZ/"'''' fi,.- ,
hraces. onboredlc ?JNf,.j. ?~~Jk ,~,nft'. .
tlc:vlces) :##1'""")(, (!tJJr ~J"",--
Eduullon
Prival. ScIKMII S S S
PanK;ldal 5th'M"
CoU.se ,,:J .?.; -;- (}.P
Rellslous
Penonal
Cloth In, S S .,f'>; ()() S
Food /'00, . "
BamerlHalrdre5.<c:r /0, Dc.)
Credll P~menls:
Credit rd
Charse Accflllnl ?eNJ, dd
Memhershlrs 11? d
Loans
Credit Union S S did, r.J S
MlKdlaneous
Hou.<c:hold lIel" S S S
Child Clre
Paren/BookslMagazlll. ?"O, Jtg
ElIlenalonlClul ~",~
PlY TV
Vacallon /"c),~
Service Tyre H
Pnpe 4 of6
1'11"" IN.OO8
Wmker ID 3120'-
.
hK;nlllC alldllxrells~ S'Rlelllelll
rAl'SHS ('RS~ NUlllh", ~31 nnnll~r.
EXPF.NSF.s
(continued)
(Fill III ^""",,,rlale ClllulIIlI)
MONTII
VF.AR
WF.F.K
Gins
Legal Pees
C1llrillhle Conlrihullons
Otller Child Su""mt
Alimony PaynlClllls
Other
$
$
$
TOTAL EXPENSES
$
Ownerahlp 0
V AWF.
II W J
$ X'
X
-
X
$
$
PROPERTV
OWNED
DF.sCRIPfION
Checkln, AccnulIls
Savin,s Accounls
Credit Unlnn
SIIK;ks/Bontls
Real ESlale
Olher
TOTAL
4'.Et!~
:s'. (!~
INSURANCF.
Co......e 0
C:llMPANV
I'OI.ICV'
II W C
XX
IIns"lla'
Blue Cmss
Olher
Medical
Blue Shield
Other
· " - lIushand W - Wife C - Cnmhlncd J - Jnlnl
9'yonoddIJ - ft...r
^--t
S.rvlce Tyre M
I'agd IIf 6
Fn,mIN.l108
Wnrk~r ID 21202
5. COMPENSATION: Plaintiff is currently employed by the American Red Cross. Her
gross compensation is S727.69/week and her net compensation is S549.13/week. Plaintiff
also receives S875/month in spousal support payments from Defendant pursuant to an
existing Spousal Support Order.
6, EXPENSES: Please see Plaintifrs Income and Expense Statement attached.
7. RETIREMENT BENEFITS: See No. I above,
8, COUNSEL FEES:
Total owed to Knupp & Kodak
S2,703.83
9. TANGIBLE PERSONAL PROPERTY: Plaintiff anticipates that no issues regarding
tangible personal property will have to be addressed at the Master's Hearing.
10. LIABILITIES:
Balance on education loans
Credit Card Debt (Refrigerator for marital residence)
SI3,OOO.00
1,800.00
II. PROPOSED RESOLUTION OF ECONOMIC CLAIMS: Plaintiff has made two
proposals for settlement, both of which have been rejected in part by Defendant.
Plaintiff is currently preparing a third proposal for settlement.
Date: July 10, 1998
""p""ful~ "bm;.",'ti
Wayne ,Pecht, Esquire
Keefer Wood AUen & Rahal, LLP
415 FaUowfield Road, Suite 102
Camp Hill, PA 17011-4906
717-612-5802
-2-
In ,the Court of Common Pleas of CUMBERLAND County, Pennsylvan.la
DOMESTIC RELA TUlNS SECTION
P.O. BOX no. CARI.ISLE, PA. 1701l
I'hOIIe: (7t7) %40-654!l Fax I (717) %40-6148
SBPTBMBER 18. 1997
Plaintiff Name: JEAN L. ST LOUIS
Defendant Name: RICHARD ST LOUIS
Dockel Number: 1133 S 96
PACSES Case Number: 331000036/ ~o~a..
Olher State ID Number:
PIeue ..... All t.......poad.....IDUal Iarlud. lb. PACSt:s Cue NUlDher.
Income and Expense Statement
THIS FORM MUST BE FILLED OUT
(If you are self-employed or If you are salaried by a business of wblch you are owner In whole or "an. you mu.~1
also fill OUI dIe Supplemc:olallncomc: Slalement whlcb appears on the last pase of this Income aoo exrensc:
Slalemenl,)
INCOMESTATEMENTOF ~n^ ~ ~ nli,..:::J
I verify thatlhe Sllllemc:olS made in this Income and Exrensc: SlIlCmc:ol are lrue and correcl, I untlcrslallll thaI
false Slalemc:nts herein are 5ubjecl10 the criminal renallles of 18 Pa, C.S. g 4904. relallnlllo unsworn
falsification 10 aUlhorhles.
10/11/'l7
Dale
INCOME I
Em"lnyer American Red Cross
Plaintiff or Defeodanl
Address
1804 North Sixth Street, HarrisburR. PA 17102
Type: of Work SpeciaUs t
Payroll No.
Gross Pay rer Pay Period $ 680.77 Pay Perlntl (wkly" bl-wkly" elc.) Bi-week1y
itemized Payroll Dc:ducllons:
Fc:dera! Wlthlmldlns S 70.86 Social Securhy $41. 2 Local Walle Tax $
Slale Income Tax S 19.06 Reliremelll S Savlllgs Bonds $
Crc:dh Un/on $ Life Insuraoce $ Hcalth Insurance $
Other Deductions (specify) S $
U
Net Pay rer Pay Periol! $
517.81
Service Tyre M
SUBJECT TO INFORMATION
CONTAINED IN THE FOREGOING
PRE-TRIAL STATEMENT
Form IN'()()8
Worker 10 21303
Incnme and EXl'Cnse SlIlemem PACSES Case Number 221000036
OTHER (FlU In A""ro"risle CnlUnul)
INCOME
WEEK MONTH YEAR
Im'rClSl S S S
Dlvldendll
p.nslnn
Annuhy
SIK;Jal SecurilY
Renls
Royaldes
Exrensc: Account
Glflll
Unc:mploymelll
Comrensadon
Workmen's
Compc:nsalion
IRS Refund
Other -Hechts (vari s) 124.00/avg.
Other
TOTAL S S 0 S
TOTAL INCOME S J 246.00
(1'11I In Appro"riate Column)
EXPENSES WEEK MONTH YEAR
Home House 400.00
Mon8a8e/Rem S S 20 00 S
Malnlenance
Udlldes
Eleclric
Gas
011
Tele"hone 60.00
Page 2 of6 Form IN'()()8
Servlc. Tyl'C M Worker 10 21203
Incnme and Exrensc: Slalement
PACSES Case: Number 321000036
(Fill In A""rn"riale Clllumn)
EXPENSES
(continued) WEEK MONTH YEAR
Waler $ $ $
Sewer
Employmenl
Public Trans"nnatlon $ $ $
Lunch 100.00
Taxes
Real ESllle $ $ $
Personal Pmreny 266.00
Incllme
Insuran.e
Homeowners $ $ $
AUlomoblle 382.00
Life
Accident
Health . .
Other
Automobile ,
PaymeulS $ $ 322.00 I $
Fuel 96.00 (
Reralrs 198.00
Medical
Dllclor $ $ 30.00 $
DemisI
Onhndlll1lisl
Service TYI'e M
Page3 of 6
Forni 1N"()()8
Worker 10 21203
Incume and Exrensc: Slalemenl
PACSES Case Number 231000036
(1'11I In A"nrunriale Column)
EXPENSES
(continued) WEEK MONTH YEAR
Hosplllll
Medicine 48.00
SreclalllClCds (glasses,
hraces, onhored1c
devices) Inn.nn
Educallon
Private School $ $ $
Parochial School
College
Rellglnus
Personal
Clothing $ $ $ nnn nn
Food 120.00
Barber/Hairdresser 20 00
Credit p~ments:
Credit ard
Charge Accuunl 323.00
Membersbl"s
. .
Loans
Credit Union $ $ 130.31 $
Miscellaneous
Household Help $ $ $
Child Care
Plrers/Books/Masazllle 12.00
Enlenalnmenl 50.00
Pay TV 20.00
Vacation 500.00
Page 4 of6
FomllN -008
Worker ID 31202
Service Tyrc: M
hK;unlCl and Exrense Slal~menl
PACSES Case: Number 221000026
EXPENSES
(rontlnued)
(Fill In A""ro"riale Column)
MONTH
YEAR
WEEK
Olfts
Lc:gaJ Fees
Chlrillble COOlributllll1S
Other CbJld SUPl'lln
Allmllny Plym:ots
Othrr
s
s
s
TOTAL EXPENSES S S 2,631.00 $ 2,246.00
PROPERTY Ownrrshlp ·
OWNED DESCRIPI'ION VALVE
H W J
Checking Accounts $ X
Savings Accuunts 30.00 X
Credit Union
Slocks/Bontls X
Realllslate
Other
TOTAL S 230.00
INSURANCE
Coveralle ·
COMPANY
POJ.lCY #
H W C
Hos"ltaI
Blue Cross
Oth~r
Medical
Blue Shield
OilIer
· H - Husband
HealthAmerica
X
HealthAmerica
W - Wife C - Cumbined J - Julnt
Pase S llf 6
X
FornI IN-008
Worker ID 21202
Service Type M
JEAN ST. LOUIS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-3337
v,
RICHARD ST, LOUIS,
DEFENDANT
CIVIL ACTION. LAW
IN DIVORCE
CERTIFICATE OF SEIWICE
I, Wayne M. Pecht, attorney for Plainlill~ Jean Sl. Louis, hereby certify that I have served
the Plaintiffs Response To Defendant's Request For Production Of Documents upon counsel of
record this date by depositing true and correct copies of the same in the United States mail, first-
class postage prepaid, addressed as follows:
Marilyn C. Zilli, Esquire
Fetterhoff and ZiIIi
Suite 800
200 North Third Slreet
Harrisburg, PA 17101
Date: July 9, 1998
By:
HCATH L. ALL.IN
H. DAYID "AHAL
WIL.LIAM I, MIL,"I", .J".
CHA"LI' W. "UeINDALL II
ftO'I"T L. WILDON
IUGINI I. ~1~INIKY, .J".
THOMU I. WOOD
.JOHN H. INOI m
OA"Y I, ""INCH
DONNA .. WILDON
'''''Dro"O OO"fltANCI
.JI"""IY .. ITOKII
ftOll"T fit. CHUfltCH
.TI~HIH L. 0"011
fit. aeon IHIA"I"
WAYNI Jrr4. ~ICHT
CONALD M. UWIS m
."IOOIT M. WHITtIY
KA"IN '''OTHI''I MAY
."INOA I. LYNCH
IHAWN W. WIll
KEEFER WOOD AL.L.EN & RAHAL., LLP
41S F"ALLOWF"IELD ROAD
CAMP HILL, PA 17011
PHONE (717) 1112-15800
F'AX (717) 1112-15808
ISTABL.ISHID IN 117.
0,. COUNIIL:
WILL.I"M H. WOOD
SAMUIL C. HA""Y
EIN NO 23'071t!135
H"""I"UNa O",.ICI:
110 WALNUT IT"IIT
HAftftl.aURO, ~A 17101
~HONI(117) .....000
""x (711) 1....0.0
July 16, 1998
WItITUI', DuneT DIA'-1
717.612.5802
E. Robert Elicker, II
Divorce Master
Office of Divorce Master
Cumberland County Court of Common Pleas
9 North Hanover Street
Carlisle, PA 17013
Re: Jean L. St. Louis v. Richard St, Louis
No. 96.3337 Civil
In Divorce
Dear Mr. Elicker:
Yesterday I received Ms. ZiIIi's July 14, 1998,Ieller requesting a rescheduling of the Pre.
Hearing Conference in the above-referenced mailer until October 16, 1998. Plaintiff has no
objection to the rescheduling and concurs in Ms, Zilli's request.
WMP:cjr
Very truly yours,
KEEFER ~oorl ALLEN & RAHAL, LLP
By tJ.~
Wayne M. P~ht
cc: Marilyn C. Zilli, Esquire
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
CIVIL ACTION. LA W
JEAN ST. LOUIS,
Plainti IT
RICIIARD ST. LOUIS,
Defendant
NO, 96.3337 CIVIL TERM
ORDER OF COl.!l.U
AND NOW,thls2b~ay of July, 1998, upon considerution of Defendunt's Motion To
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Compel Compliance with Discovery Request and for Sanctions, a Rule is hereby issued upon
the PlaintllT to show cause why the relief requested should not be granted.
RULE RETURNABLE within 20 days of service.
BY THE COURT,
Wayne Pecht, Esq.
415 FaJlowfield Road
Camp Hill, PA 17011
Attorney for Plaintiff
Marilyn C. ZiJli, Esq.
Suite 800
200 North Third Street
Harrisburg, P A 17101
Attorney lor Defendant
Coju~.v .?,YU/.~{~.L
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JEAN ST. LOUIS,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 3337 CIVIL
v.
RICHARD ST. J~UIS,
DEFENDANT
IN DIVORCE
MOTION TO COMPEL
COMPLIANCE WITH DISCOVERY REOUEST
IPa.R.Civ.proo. 4009.11
AND POR SANCTIONS IPa.R.civ.Proo. 40191
AND NOW, this 7th day of JUly, 1998 comes Richard st. Louis,
Defendant above-named, by his attorney, Marilyn C. Zilli,
Esquire, who moves this Honorable Court for an Order directing
Plaintiff to comply with Defendant r s request for certain
information and for the imposition of sanctions and who, in
support thereof, avers as follows:
1. On June 13, 1996, Plaintiff filed a Complaint in
Divorce on Defendant.
2. In said Complaint, Plaintiff requested an equitable
distribution of the parties' marital assets, alimony and alimony
pendente lite, counsel fees and expenses.
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3. On June 3, 1998, Defendant served Plaintiff with a
Request for Production of Documents. (Exhibit 1)
4. This document was filed in an effort to update certain
finanoia1 information relative to Plaintiff's alimony and
equitable distribution claims.
5. The request was necessitated primarily because of the
passage of time.
6. After being represented by one attorney from the
inception of the action in June, 1996 until sometime in mid-1997,
Plaintiff secured new counsel. D~fendant's counsel did not hear
from this new counsel until October, 1997.
7. Defendant's counsel began immediately to try to reach
settlement of the action with that new counsel. (EXhibit 2)
B. Negotiations proceeded through March, 199B, without
producing agreement.
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9. By letter dated March 3, 199B, Plaintiff's counsel
requested certain documents from Defendant's counsel. (Exhibit
3) Shortly thereafter the marital property was sold.
10. Defendant's counsel sent the requested documents, along
with proof of the deposit of the house proceeds check, on March
30, 199B. (Exhibit 4)
11. By letter dated March 6, 199B, Defendant's counsel had
sought updated information from Plaintiff's counsel. (Exhibit 5)
12. On March 31, 1998, a second letter was sent requesting
information necessary for the parties' income tax filing.
(Exhibit 6) The documents were never received.
13. On May 22, 199B, Plaintiff's counsel sent Defendant's
counsel a letter commenting on Defendant's March 2, 199B
correspondence. The letter contained numerous inaccuracies which
clearly indicated that Plaintiff had not shared with her new
counsel the same information she had given to her former counsel
and which had in fact been previously delivered to Defendant.
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19. Defendant avers the information he has requested is
essential for a resolution of the equitable distribution and
alimony claims in the case.
20. Defendant's discovery request is fully sanctioned by
pa.R.Civ.Proc. 4003.1(a), and 1930.5 and by 23 Pa.C.S.A. ~3505
and none of the limitations specified in pa.R.Civ.Proc. 4003.3.
or 4011 either apply or have been alleged by Plaintiff in defense
of her failure to comply.
21. Pa. Rule civ. Proc. 4019(a) (i) and (viii) provide for
the imposition of sanctions where a party fails to either make
discovery or to obey an order of court respecting discovery.
22. These sanctions can and in this case should include at
least the following: an order that plaintiff not be permitted to
oppose Defendant's claims concerning the subject matter of his
discovery requests / and an order that plaintiff reimburse
Defendant for the legal fees he has expended in pursuing these
claims.
23. Defendant's legal fees in pursuing this claim are
$472.50. (Exhibit 9.)
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WHEREFORE, Defendant prays this Honorable Court for an Order
directing Plaintiff to provide the information requested by
Defendant's Request for Docu~ents within five (5) days of the
date of the Court's Order and imposing the requested sanctions.
Respectfully sUbmitted,
K~,~
Iq~t
Marilyn C. Z
Attorney for
200 N. Third street, Suite BOO
Harrisburg, PA 17101
717-232-7722
ID #23179
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lHDTRYCTION&-~H~lr~NlT1QN~
~.___PI~IH111QN&
The following terms have the designated meanings when used
herein:
A. The term "documents" when used herein shall mean all
written, typed, printed, recorded or graphic matter of every type
and description, however and by whomever prepared, produced,
reproduced, disseminated or made, in any form, now or formerly in
the possession, custody, or control of the party to whom this
request is addressed, it.s officers, agents, employeer; and
attorneys, or any of them, including, but not limited to letters,
correspondence, telegrams, memoranda, records, minutes of all
types of meetings, contracts, subcontracts, agreements, intro and
interoffice communications, purchase orders, requisitions, plans,
studies, summaries, analyses, results of investigations, reviews,
bulletins, proposals, estimates, appraisals, recommendations,
critiques, trip reports, engineering cAlcUlations, bills of
materials, drawings, sketches, blueprints, charts, indices,
notices, diaries, books, desk cAlendnrs, appointment books,
messages, instructions, work assignments, notes, not~books, tApe
recordings, partial or complete of telephono converaations,
photographs, slides, public statements, newspaper or other mediA
re1ellses, public And governmentAl fl1ingA, opinlona, nnd nny
"
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other writings, drawings or recordings. If any document was, but
is no longer, in the possession of the party to whom this request
is addressed or subject to such party's control, identify the
document.
B. When used herein, the term "person" shall mean any
individual, partnership, j oint venture, firm, association,
corporation or business or any governmental or legal entity.
C. When used herein, the term "communication" shall mean
any and all transmissions of information, the information
transmitted, the process by which the informl\tion 1s transmitted
and the terms shall expressly be inclusive of all written and
oral communications.
D. When used herein, the term "relate to", "re1atinq to"
or "in relation to" shall mean constituting, reflecting,
representing, supporting, contradicting, referring to, stAting,
describing, recording, noting, embodying, containing, mentioning,
studying, anAlyzing, discussing, eVAluating, or releVAnt to. As
in~icated, tho term necessarily includes information which is in
opposition to as well as in support of the position(s) and
c1alm(s) of the party to whom the Request is addressed.
espectfully submitted,
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8. A copy of the most current atntement. for all bank
credit cards and department store credit cnrd accounts in the
name of plaintiff alone or jointly with any other person other
than Defendant.
9. An accounting of any anticipated inheritance or other
gifts or loans from family members.
10. 1\ copy of any diaability inaurance policy owned by
plaintiff .
Date:
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Mltr 1yn C. Z 11 " ,1Esquire
Fetterhoff and Zil1i
200 N. Third street, suite BOO
Harrisburg, PA 17101
(717) 232-7722
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~TIFICA'lLQLJ!.~Ill'l.QI'.l
A true and correct copy of the foregoing document was
delivered to the person or office listed below by hand delivery
on the date indicated, as follows:
Date: (() J .\ j II
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Wayne M. Pecht, Esquire
Keefer, Wood, Allen & Rahal, J,J,P
415 Fal10wfield Road
Camp Hill, PA 17011
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Marilyn C. Zil1t, Esq.
200 North Third street
suite BOO
Harrisburg, PA 17101
(717) 232-7722
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FF.rfF.Rllorr AN/) 7,11.1.1
AlTnANfV,. AT LAW
100 N, TIIIRII ~'I nF.F. r ' ~lInF. RmI
r.o, nux I I~I
"^RRI.~nIlRG. 1'F.NN~Yl.VANIA I7In~
WillIAM ^ '" "....torr
MA"II YH C fllI.1
HI rrflnN,
711.'~, 1711I
,..
November 6, 1997
"".n. 041"""
Hr. Wayne H. Pecht, Esq.
Keefer, Wood, Allen' Rahal, L.L.P.
4J5 Fft110wfield Road
camp lUll, PA i 7011
Rei st. Louis
No. 1133 s 1996
Dl!l.Ir Mr. Pechtl
I understand from Hr. st. Louis that you have described
r~prenentation of Hrs. st. Louis as offerinq the possibility
new evaluation of and proqress toward settlement in
above-noted cftse.
your
of a
the
Pleaso be advined that Mr. st. Louis would welcome a
proposal for settlement of this matter and renewed discussions
toward this end.
Please provide a copy of Hr. Imblum's withdrawal and of your
ontry of appearance.
Very truly yours,
Marilyn c. zi1li
CCI Richard st. Louis
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FF.'ITF.RllflFF ANn ZII.I.I
ATTOnNEY~ AT LAW
2no N. TIIIRIl STRfF,T . Sill I'F. Rno
p,n. nox II fiI
lIARRlsnIlRI:, rFNNWI.VANIA 1710X
Wlll.lAM A. nTTllfum"
MA"'LVN c. IILL!
March 31, 1998
'FI rrUONr
111 a:u 1112
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Wayne M. Pecht, Esquire
Keefer, Wood, Allen & Rahal, LLP
415 Fa1lowfie1d Road
Camp Hill, PA 17011
BY FAX ONLY '1'0 612-5B05/ NO liARD COPY TO FOI,l.()W
ReI st. LouiA v. st. LouiA
Divorce
Dear Mr. Pecht:
I heard today from Mr. st. Louis. In 1996, the parties
filed joint tax returns. For more than a month now, Mr. st.
Louis has been asking Mrs. st. Louis to provide him with her W2
form and a list of any charitable contributions shs made so that
he can timely file the parties' 1997 returns. To date, Mrs. st.
Louis has failed to supply the requested information. Mr. st.
Louis must now be out of town, from April 8th through the 14th.
In order to be timely, he must file the returns .th..IJi weekend
(April 4/5).
It is in the parties' interest to file a joint return again.
If Mr. st. Louis is forced to file "married filing separately"
because of Mrs. st. Louis' lack of cooperation, we will be
claiming reimbursement from Mrs. st. Louis at equitable
distribution for any tax Mr. st. Louis is required to pay over
what would have been due on a joint return. Mr. st. Louis will
be securing guidance on this and other tax issues from an expert
in this area. If he is forced to file separately, he will, of
course, take advantage of all available tax ubreaks,n some of
which could possibly be disadvantageous to ~lrs. st. Louis. lie
will also be claiming reimbursement for any costs incurred.
Please ask Mrs. st. Louis to promptly supply the requested
documents.
Th~nk you for your attention
and cooperation.
"'very .t!UlY. yo~rs,
~rhy) / Z~11'\
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cc: Mr. Richard st. Louis
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Pf.'f'lfRIIOrr ANIl ZUII
AnonN,V!' At LAW
Inn N. 1I11~n nRFFT. 'III' F son
ro. ~llX 'I~I
'MRR'~"tIRr" rFNN~YI VANI^ Plnill
WilLIAM A '."'"un"
MANIL YN e Il~LI
June 3, 1990
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Wayne H. Pecht, EsquIre
Keefer, W9od, Allen & RllhAl, r.t.p
415 FallowfIeld ROlld
Cllmp "ill, PA 17011
Re: st. r,ollls v. st. 1.0llis
Oivorce
Dear Mr. Pecht:
Enolosed please rind a copy of a Motion for AppoIntment of
HAster which will be filed todAY in Cumberland County pursunnt to
Cumberland County Rule 19?-0.51-2. PleABo note the docket number.
The number you used on your recent correspondence Is the support
cllse, not the divorce Cllse, number.
I 1l1RO enclose A Request for Pl'orlllct Ion 0 r OncumAnts.
Complinnce is due within thirty (30) dnys of servlco.
I have reviewed your letter of Mny ?-?-, 1990 And am frankly
AmAzed at the inaccurllCies And nppArent At.tempts to dissimulAte
contAined therein. It AppeArs that you hAve reviewed none of the
documents already generated in this case.
I respond to the numbered and unnumbered pnragraphs of your
letter as follows:
1. Documentation previously provided by Gary Imb1um,
Esquire and w...th Plaintiff's verIfied Renponses to
Interrogatories show that Hrs. st. r,ouis received the followIng
sums in settlement of her personal injury claim In the Dalkon
Shield case: $9,585.98, $5,751.59 and $2,396.50. I\nother
$1,437.90 is anticipated. This totllln $19,171.97, none of which
or very little of which WIIS contributed to the marHnl rj!,/l. J
would hardly consider these sums "nominnl." We will be prepnred
to present documentation of the aforesnid at the Master'A
IIellring.
2. Mrs. st. r,ouis' .l.2.J!.l Plymouth Voyager was traded in
July,~. It is also incorrect that 1111 money received from
the trade was used as a down pAyment on the new vehicle.
Documents previOUSly provIded by Gary Imblum, Esquire and with
Plaintiff's vl!rified Responses to Interrogatories indicate that
approximately one-half of the money received was used to SAtisfy
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the balance of the lOAn outstAnding on the Voyng..rl the remAinder
Willi applied aEl down payment on the JoPp leMle. We will be
prepared to document ElAme at the Mnllter'lI IIparing.
3. Although Mrll. st. I,oulll mAY own no IRI\ "At this time,"
An IRA which would have been mAritAl did exint. According to
Plaintif'f's verified Answers to InterrogAtories nnd
correspondence from GAry Imblum, Eaqulre, the IRI\ WAn redeemed
for $1, 156. 12. " We wi 1] be prepn red to produce these documents at
the Haster's HeAring.
4. We are in possession of statementn from bnnk accountR
in Hrs. st. Louis' nAme alone and in her nllme jointly with otherR
as of date 0,[ separation. We will be prepllred to present these
documents at the Haster's lIellring.
5. The SAvings bonds hllVe current vnlue of approximately
$60.00 each despite the fAct thAt they hnve not "matured." We
believe $360.00 constitutes more than "llttle value."
6. We dlapute your claim. One phone cnll to nn insurance
a!]ency has Assured us thAt there ar.. cnrriern who would he
willin!] to insure HrEl. st. I~ouill, Although with condltions. Mrn.
st. Louis might alno hnve to purchnse multiple emllll policioR
rather than one large one. If need be, We will be prepared to
present evidence of this insurAbility at the Master's lIearing.
7. We have requosted proof of your nflsertion. See Request
for production of Documents, enclosed.
Your assertion that the aforementioned assets have little or
no current VAlue to Mrs. st. Louis is inAccurate in two regardS:
the assets have maritftl value and ~~at value is substantiAl.
Your assertion concerning tho parties' debt is also
inaccurate. Debt incurred during the mnrdage Is usually joint
and therefore the responsibility of bot,h parties. If that Were
not the case what is the legal basis upon which you assert Mr.
st. Louis' liability on debt in Mrs. st. 1,0ulR' nAme?
Nonetheless, Mr. st. Louis will agree, if the case clln be
settled, to continue to pay the debt incurred on "hisu credit
cards and so long as Mrs. st. Louis retires the debt on "her"
cards without contribution from Mr. st. 1,ou1s.
Your offer of only $2,500.00 on the education loan debt Is
reCused. See i~.
Your assertions concerning the mortgnge pnyments arE!
entirely inaccurate. Hrs. st. Louis did not milk.. mortgilge
payments from Hay, 1996 through Novembl'r, 1997 AS YOll c1nim. We
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are able to prove with nppropriAte rSF:CU AI'At.nmentfl t.hAt from MAY
through September, 1996, bi-weekly trnnArerA from Mr. st. LoulA'
sAlary to PSF:CU to satlAfy the mortgage were mnde. When MrA. st.
Louis applied for support, the support GuldelineA mnde her, aA
the party in residence, liable for the mortgAge. [nule
1910.16-5(g)] Nonetheless, in october, 1996, Mr. st. I,ouls gnvl'!
Mrs. st. Louis a check In the amount of $500.00 for half of the
mortgage. This was acknowledged by DomeAtlc RolatlonA nnd the
$500.00 was Ap~lied againAt the account arrenrageR. ^t R support
modification hearing in November, 1997, evidence WRA present that
Mrs. st. I.ouis hRd pnid nothing on the mortgage in either July or
^ugust, 1997, although Ahe tried to sny Ahe had. There were aIAO
several months when Mrs. st. Louis made only pnrtinl payments.
Documentation of all of these facts will be provided nt the
Master's IIearing.
We diApute your recitation of tho law on Calr rnntal vRluR
and will be prepared to argue same at tho Mnnter's IIp/H-Ing.
We a1f10 dIApute your appnn>nt nflAl>rtlon thnt n dlfltlnctlon
ifl Atill being made bptween pre-divorcn nlimony nllll ApouAnt
Allpport. I note, in fnct, thnt In your counter-propoARI you
nasert that Mr. st. I,oui A "will Q9ntJ,nUf! to pny Ql.lmoJ1y. ..." nA
he must therefore be doing now. In nd,lltion, your
characterization of the arrears on the support nccount nA
"tremendous" is simply silly. The amount of arrears WAS set by
Court Order at $1,200.00 and made payable nt $17.00 por month.
Mr. st. Louis voluntnrl1y reduced this amount by $500.00 in
october, 1996. The arrears currently stand at $435.00, that is,
approximately two ws{Oks of paymentA. We would submit, as you did
concerning the value of the bandA whi~h is only Alightly leRA
than the total arrears, that this amount is insignificant.
Finally, no claim is being made for a "credit" agninst equitabl!;'
distribution of the amounts alreAdy pAid, as flurely you m\l!~t
realize.
for Rsttlement oC
I,oui s mRk{Os thE'
In view of all of the above, your propoRal
this case is refused. Howevsr, Mr. st.
following proposal for settlement.
1. Hr. st. Louis will agree to give Mrs. st. I..ouis 75\ of
the proceeds from the sale of the m1\ritnl residence. However,
with that percentage, she will be rSRponsible for paying
$10,000.00 against the education loan debt. The total proceeds
from the sale of the house were $30,283.35. 75\ of that amount
is $22,712.51. If Mrs. st. l,ouis pnys $10,000.00 of the
education debt, she will still retain more thi'ln $12,000.00. On
the other hi'lnd, Hr. st. Louis will retnln only $4,2B4.09 after
paying off the blllance due on the dE'bt. In other wordR, Mrs. st.
I~uis will retlltn 75\ of the nnt housn proceeds nCter retirement
of the education 101lnA. You ara remlndnd of our clllim for 10AA
of interest beclluse of MrA. fit. Louis' refusal to permit the
house proceeds to be deposited into an interest-bear.lnq account.
2. Mr. st. I~uia will IIgrge to be r~"pon"ible for the dpbt
on the credit cllrds in hla nil me and that Mrfl. fit. I,ollis will he
responsible for the debt on the credit cards in hAr name. lie
will also agree to continue to pay on the Sears bill for the
stove, although Mrs. st. Louis purchaned thin item without his
knowledge or agreement.
3. Mr. st. Louin will agree to pay Mrs. st.l.ouis 50\ of
the monthly payment generated by the marital portion of hin
pension. He will not agree to such arrangement on the deferred
compensation pllln which in not automatically paid out in monthly
insta1lme!'ts and which need not be withdrawn at all upon hia
retirement.
4. Mr. fit. Louis will agree to pay 1111 alimony arrears in
full and be (not MrA. st. Louis, as your letter Atlltea) will
oontinue to PAY alimony in the amount of $075.00 per month for
three more years, from the date of the parties' divorce, if the
case is settled and IIn ^greemnnt is signpd by September 1, 199B.
Mr. st. Louis will be fully prepared to defend agl\innt MrA. st.
I~uis' claim of "martial (sic) misconduct" (your lettnr) with hiI'
own assertion of same concerning Mrs. st. Louis at a separate
hearing of the allegation. lie ia alao confident thllt Divorce
Master Elicker in cumberland county will not set the twenty-yellr
time limit on alimony you propose.
We may withdraw our claim concerning Mrs. st. I,ouls' refuslII
to file joint tax returns if review of hAr return rnveals thllt
she had to make a subatantiAI pAyment to the IRS, liS we believA
she did.
Mr. st. Louis hAS not cashed in any
lie simply changed insurance carrier.
surrender value was preserved.
Please review the entirety of thlfl letter with Mrs. St.
Louis and call me at your convenience.
life influrance policy.
In the change, all
Very truly yourfl,
Marilyn c. zilli
cc: Hr. Richnrd st. I,OUJA
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25. Defendant's Motion To Compel and for Sanctions is moot and should be
dismissed.
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WHEREFORE, Plainliffrespcctfully requests this Honorable Court to enter an order
dismissing Defendant's Motion To Compel and for Sanctions.
Respectfully submitted,
KEEFER WO D ALLEN & RAHAL, LLP
Wayne , Pecht, Esquire
415 F owfield Road, Suite 102
Camp HiI/, PA 17011-4906
717-612-5802
Date: July 22, 1998
By:
-3.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 3337 CIVIL
JEAN ST. LOUIS,
Plaintiff
RICHARD ST. LOUIS,
Defendant
IN DIVORCE
AND NOW,
ORD't(t;URT ~
this ( day of
1999, the economic claims raised in the proceedings having been
resolved in accordance with a marital settlement agreement dated
December 17, 1998, the appointment of the Master is vacated and
counsel can file a praecipe transmitting the record to the Court
requesting a final decree in divorce.
er, P.J.
ce:
Wayne M. Pecht
Attorney for plaintiff
Marilyn C. Zi11i
Attorney for Defendant
_ C~..:...., t'1>~L..~J.. ,} 5/ 'i'l :
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MARITAL
SETTLEMENT AGREEMENT
this 17 ~ day 1J..;C.l""U"
, 199B, is
THIS AGREEMENT, made
by and between JEAN ST.LOUIS, 660 Boas Street, Harrisburg,
Dauphin County, Pennsylvania, party of the first part,
hereinafter referred to as "Wife"/ and RICHARD ST.LOUIS, 23 South
39th Street, Camp Hill, Cumberland County, Pennsylvania, party of
the second part, hereinafter referred to us "Husband."
WITNESSETH I
WHEREAS, the parties were married on June 14, ~9707
WHEREAS, certain difficulties have arisen between the
parties hereto which have made them desirous of living separate
and apart from one another and Wife has initiated an action in
divorce against Husband/
WHEREAS, the parties desire to settle completely the
economic and other rights and obligations between each other
including, without limitation:
the ownership and equitable
distribution of marital property; the past, present and future
support, alimony, alimony pendente lite and/or maintenance of
ei ther of them / and in general, any and all other claims and
possible claims by one against the other or against their
respective estates;
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WHEREAS, both parties agree to relinquish any and all claims
which either may have against any property now owned or belonging
to the other or which may hereafter be acquired by either of them
by purchase, gift, devise, bequest, inheritance and otherwise
except as to the obligations, covenants and agreements contained
herein/
WHEREAS, the parties hereto, Husband being represented by
Marilyn C. zil1i, Esquire and Wife being represented by Wayne M.
Pecht, Esquire have each made to the other a full and complete
disclosure of all their assets of whatever nature and wherever
situate, which disclosures are hereby acknowledged by each party
hereto and by their respective attorneys/ and
WHEREAS, the parties hereto have mutually entered into an
agreement for the division of their assets, provision for the
liabilities they owe, and provision for the resolution of their
mutual differences, after both parties have had full and ample
opportunity to consult with an attorney, and the parties now wish
to have that agreement reduced to writing.
NOW, THEREFORE, the parties hereto, in consideration of the
above recitals, the mutually made and to be kept promises set
forth hereinafter, and for other good and valuable
considerations, and intending to be legally bound and t~ ~ega~~y
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bind their heirs, successors, assigns,
representatives, do hereby covenant, promise,
follows:
and personal
Gmi at;r- 811
1. ASSETS AND LIABILITIES
A. Assets: The parties agree that they are the joint
owners of the fOllowing marital assets and that these assets are
valued as indicated:
1. Proceeds from the sale of the marital
residence at 909 Eppley Road, Mechanicsburg, Pennsylvania in the
amount of $30,2B3.35, which funds were deposited into the trust
account of the law firm of Fetterhoff and zil1i on March 27,
1998/
2. Wife's personal injury settlement in the
ftmount of at least $19,172.00;
3. 1990 Ford Ranger;
4. 1996 Jeep Cherokee/
5. Wife's Cumberland Crossing IRA;
6. Wife's bank accounts;
7. Husband's bank accounts;
B. Savings bonds;
9. Husband's state Employees' Retirement
account;
10. Husband's Deferred compensation account/
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each party/ the standard of living of the parties established
during the marriage; and the economic circumstances or each party
at the time tho division of property is to become effective.
B. Distribution of assets and liabilities. The
parties agree that distribution of their assets and liabilities
shall be made as follows:
1. Seventy-five (75\) percent of the proceeds
from the sale of the marital residence, or the sum of $22,712.51,
shall be awarded to Wife. However, out of this sum, Wife agrees
to pay $7,000.00 of the outstanding educational loan debt to the
Sallie Mae Servicing Corporation. Accordingly, parties agree
that a check drawn on the trust account of Fetterhoff and Zi11i
in the amount of $15,712.51 shall be issued to wife and a check
in the amount of $7,000.00 drawn on the same account shall be
issued to the Sallie Mae Servicing corporation. The balance of
the house proceeds, or tha sum of $7,570.84, shall be awarded to
Husband. Accordingly, the parties agree that a check drawn on
the trust account of Fetterhoff and Zi11i in this amount shall be
issued to Husband. Husband shall be solely responsible for
paying the balance due on the Sallie Mae Servicing Corporation
debt,
2. The entirety of the personal injury
settlement shall be credited to Wife.
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3.
possession shall
Husband.
The 1990 Ford Ranger currently in Husband's
become the sole and exclusive ,pro,pert,y of
4. The 1996 Jeep Cherokee currently in wife's
possession shall become the sole and exclusive property of Wife.
5. The IRA, savings bonds, profit sharing plan
and Wife's bank accounts shall become the sole and exclusive
property of Wife/
6. Husband's bank accounts, the Deferred
Compensation account and the cash surrender value of the life
insurance shall become the sole and exclusive property of
Husband/
7. Concerning Husband's state Employees'
Retirement account, the parties agree that when this account goes
into pay status, Wife shall receive 50.45% of the monthly payment
due Husband and Husband shall receive the balance of said monthly
payment. In order to authorize and effectuate this distribution,
Wife agrees to secure a Qualified Domestic Relations Order from
the Cumberland County Court of Common Pleas. All documents
necessary to secure such Order and the Order itself shall be
prepared by Wife's attorney within thirty (30) days of the
signing of this Agreament. The documents shall be ~bject tu
approval by Husband and the state Employees' Retirement account
administrator. Husband agrees to cooperate f~lly and in a timely
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manner with Wife or Wife's attorney in securing the QDRO
referenced herein. A::' 1 fees and costs associated with the
preparation of these documents shall be the sole responsibility
of wife.
8. concerning their personal property, the
parties hereto mutually agree that except as indlcated herein,
they have effected a satisfactory division of the furniture,
household furnishings, app1 iances, and other household and
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 tangible personal property presently
in his or her possession, whether said property we. h.r8to~o~.
owned jointly or individually by the parties hereof, and this
agreement shall have the effect of an assignment or receipt from
each party to the other for such property as may be in the
individual possession of each of the partie'3 hereto, the
effective date of said bill of sale to be ~ontemporaneous with
the date of the execution of this Agreement.
3 . ALIMONY
A. Duration and extent of Husband's ob1iQation: The
parties agree Husband shall be obligated to pay Wife alimony in
the amount of $403.B5 biweekly or $B75.00 per month to coincide
with Husband's salary payment schedule ($403. B5 biweekly is
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equivalent to $B75.00 per month) for seven (7) years, as of the
effective date of this Agreement, his obligation to ~erm1n~~e no
later than the last day of the B4th month from the date the
Agreement has been signed by him or by Wife, whichever party
signs the Agreement first, if all payments due hereunder have
been timely made. A copy of this Agreement shall be provided to
the Cumberland County Domestic Relations Office which will be
concomitantly be authorized to terminate the spousal support
order (Docket No. 1133 S 1996, PACSES Case No. 221000026)
currently in effect against Husband, assuming Husband's
fulfillment of the obligation set forth in Paragraph 3D. of this
Agreement, infra, relating to spousal support arrears.
B. Modifioation of ob1iaation: The parties further
agree that Husband's alimony obligation as defined herein is
absolute and shall not be subject to modification either upward
or downward by the Cumberland county Court of Common Pleas, the
Cumberland county Domestic Relations Office or by any other court
in any other jurisdiction.
c. Termination of ob1iaation: The parties further
agree that Husband's alimony obligation shall automatically
terminate once any aliroony due in the B4th month after the
Agreement is signed by either Husband or Wife, whoever signs
first, has been paid. No additional obligation shall accrue
after that date and Wife expressly waives herein her right to
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4. PDn
A. Except as provided herein, each of the parties
hereto covenants and agrees that he or she has not in the past
and will not at any time in the future incur or contraot any
debt, charge or liability for which the other party, their legal
representatives, or their property or estate may become liable/
and each of them further covenants at all times to keep the other
free, harmless, and indemnified of and from all debts, charge.
and liabilities hereafter or heretofore contracted by them,
except as hereinafter provided.
petition for an extension of this obligation under any
circumstances. The parties further agree that tbe atoresaid
alimony obligation shall automatically terminate upon wife's
death, remarriage, or cohabitation with any person not related to
her by blood, marriage or adoption.
D. Husband further agrees that on or before the
effective date of this Agreement, he shall have paid in full
whatever sum the cumberland County Domestic Relation's Office
lists as arrearages on the existing spousal support order (Docket
No. 1133 S. 1996, PACSES Case No. 221000026) against him. The
amount shall be paid in addition to the alimony obligation set
forth herein.
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B. The parties agree that Husband shall be
responsible for the debt on the credit cards and bank cards in
his name and that Wife shall be responsible for the debt on the
credit cards and bank cards in her name.
C. The parties agree, as heretofore provided, that
Wife shall be responsible for $7,000.00 of the debt to the Sallie
Mae Servicing corporation and that Husband shall be responsible
for the balance of this debt.
5. TAX CONSEOUENCES
By this Agreement, the parties have intended to
effectuate an equitable division of their marital property. The
parties have determined that such division conforms to a right
and just standard with regard to the rights of each party. The
divisiQn of existing marital property has not, except as may be
othe~~ise expressly provided herein, been intended by the parties
to constitute in any way a sale or exchange of assets and the
division is being effected without the introduction of outside
funds or other property not constituting a part of the marital
estate. As a part of the division of the marital properties and
the marital settlement herein contained, the parties hereby agree
to save and hold each other harmless from all income taxes
assessed against the other resulting from the division of the
property as herein provided.
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The parties acknowledge that other than as set forth
herein, the parties intend to be bound and follow ell Int.rnel
Revenue Codes, rulings and regulations as they relate to the
assets that they are receiving. It is the understanding of the
parties that the alimony payments paid by Husband to Wife
pursuant to Paragraph 5. of this Agreement will be fully
deductible by Husband for Federal Income Tax purposes.
6. HEALTH INSURANCE
The parties agree that effective upon the signing of
this Agreement each shall be responsible for maintaining his/her
own health insurance.
7. LIFE INSURANCE
The parties acknowledge that they each own one or more
insurance policies on their lives. The parties agree that
effective upon the signing of this Agreement each shall be
responsible for maintaining his/her own insurance, the
beneficiary to be selected at will by each.
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8. COUNSEL FEES. COSTS AND EXPENSES
Each party is represented by counsel Q~ ll.is Dr her
choice and each agrees to pay his or her own legal fees, costs
and expenses, without claim against the other, unless otherwise
provided by Order of Court.
9. BANKRUPTCY OR REORGANIZATION PROCEEDINGS
The parties agree that none of the obligations created
by this Agreement, whether in Husband or in Wife, shall be
discharged or dischargeable in any bankruptcy or financial
reorganization proceeding initiated by either, regardless of
federal or state law to the contrary.
10. WAIVER OF CLAIMS AGAINST ESTATES AND MUTUAL RELEASE
Except as otherwise herein provided, each party hereto
may dispose of his or her property in any way and each party
hereby waives and relinquishes any and all right he or she may
now have or hereafter acquire, under the present or future laws
of any juriSdiction, to share in the property or the estate of
the other as a result of the marital relationship including,
without limitation, dower, thirds, courtesy, allowance, widow's
or widower's allowance, homestead rights, right to ta'ke in
intestacy, right to take against the will of the other, and right
to act as administrator/executor of the other's estate and each
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party will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may ba necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights and claims. The
parties waive and release any and all rights to the other's
estate, including the rights of set-off, any and all distributive
shares and any and all rights of election provided for by the
laws of this or any other state or jurisdiction.
Each of the parties hereto by these presents, for
himself or herself, his or her heirs, executors, administrators,
or assigns, does remise, release, quit claim and forever
discharge the other party hereto, his or her heirs, ~cutors,
administrators or assigns or any of them, of any and all claims,
demands, damages, action, causes of action, or suits at law, or
in equity, of any kind or nature, for or because of any matter or
thing done, omitted or sufferod to be done by said other party
prior to and including the date hereof/ the parties specifically
waive any and all rights that they may have to equitable
distribution of marital property and/or alimony and counsel fees
or any other marital rights as provided in the Pennsylvania
Divorce Code, or any amendment.
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11. AGREENENT BINDING ON HEIRS
Except as may otherwise be provided, th~:s :!\.9T1!Iement
shall be binding on the parties hereto and on their respective
heirs, executors, administrators, successors and assigns.
12. BREACH
In the event that any of the provisions of this
Agreement are breached or violated by either of the parties, the
other party shall be entitled to enforce this Agreement by an
appropriate action in law or in equity or to take any other
action to which they are lawfully entitled to enforce this
agreement or otherwise protect their rights. In the event that
such action is commenced by one of the parties and the other
party is found to have breached or violated any of the terms and
provision of this Agreement, the party having so violated or
breached the Agreement, shall be responsible for and shall
promptly pay upon demand the reasonable attorney's fees and
expenses for any services incurred by the other party to enforce
their rights hereunder.
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13. ADDITIONAL INSTRUMENTS
Each of the parties from time to time, at the ~equest
of the other, shall execute, acknowledge, and deliver to the
other party any and all further instruments that may be
reasonably required to give full force and effect to the
provisions of this Agreement.
14. ADDRESS OF PARTIES
As long as any obligations remain to be performed
pursuant to the provisions of this Agreement, each party shall
have the affirmative obligation to keep the other informed of his
or her residence address, and shall promptly notify the other in
writing of any change of address by giving the new residence
address.
15. VOLUNTARY EXECUTION
The provisions of this Agreement and their legal effect
have been fully explained to the parties by their respective
counsel, and each party acknowledges that the Agreement is fair
and equitable, that it is being entered into voluntarily, and
that it is not the result of any duress or undue influence. The
parties hereto specifically agree that this Agreement is entered
15
into voluntarily and is in lieu of the right of either party to
seek equitable distribution of the marital property pursuant to
the terms and provisions of the Divorce Code of 19BO, as amended.
16. E~IRE AGREEMENT
Each of the parties is aware of the financial resources
of the other and each of them understands the nature and effect
of this Agreement and believe it to be fair and reasonable, and
the parties have incorporated herein their entire understanding
and agree that no oral statements or prior written matter
extrinsic to this Agreement shall have any force and effect.
17. DIVORCE TO BF. COMPLETED ,
The parties hereto agree to enter into a mutual consent
divorce pursuant to Section 3301(c) of the Pennsylvania Divorce
Code of 19BO, as amended. Wife agrees to pursue the divorce and
to be the Plaintiff therein. wife further agrees to complete the
divorce, by preparing and filing all documents necessary for the
issuance of a decree, including the Praecipe to Transmit, within
ten (10) days of the transmittal of the QDRO referenced in
Paragraph 3D. of this Agreement, suora, to Husband's employer.
Wife agrees finally to provide Husband, without cost, a ~ertified
copy of the divorce decree.
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lB. NO MERGER IN DIVORCE
It is agreed, covenanted and stipu1a~ed that this
Agreement shall be incorporated in any decree in divorce
hereinafter issued by the Cumberland County Court of Common
Pleas, tor the purposes of enforcement of the contractua:
obligations of the parties hereto pursuant to the relevant
provisions of the decree. This Agreement shall not be merged in
any such decree but shall in all respects survive the same, shall
be entirely independent thereof, and shall be forever binding and
conclusive upon the parties.
19. MODIFICATION AND WAIVER
A modification or waiver of any of the provisions of
this Agreement shall be effective if only made in writing and
executed with the same formality as this Agreement. The failure
of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver
of any subsequent default of the same or similar nature.
20. EFFECT OF REMARRIAGE
The parties agree that in the event of a remarriage by
either, each will enter into such remarriage subject to the terms
and conditions of this Agreement, except that in the case of a
remarriage by Wife prior to the expiration of the term of
17
Husband's alimony obligation (see Paragraph 5, suora), such
remarriage will result in an automatic termination o~ HII..handJ.
alimony obligation under the said Paragraph.
21. ~FTER ACOUIRED PERSONAL PROPERTY
Each of the parties shall hereafter own and enjoy,
independently of any claims or right of the other, all items
of personal property, tangible or intangible, hereafter acquired
by him or her, with full power in him or her to dispose of the
same as fully and effectively, in all respect and for all
purpose, as though he or she were unmarried.
22. ~TE OF EXECUTION
The Udate of execution" or nexecution date" of this
Agreement shall be defined as the date upon which it is executed
by the parties if they have each executed the Agreement on the
same date. Otherwise the "date of execution" or "execution date"
of this Agreement shall be defined as the date of execution by
the party first executing this Agreement.
23. INDEPENDENT SEPARA~E COVENANTS
It is specifically understood and agreed by and between
the parties hereto that each paragraph hereof shall be deemed to
be a separate and independent covenant and agreement. If any
18