HomeMy WebLinkAbout96-06035
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
~~;-.~
STATE OF .;..;'
J \;-,;1 '.
, ", 1,:;:-~;J , ,
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PENNA,
il
I, No. 96-6035
I
CIVIL
j,
DECREE IN
DIVORCE
AND NOW, I5rA 1"2-
KAREN L. HRUSKO
t (O',4:B~
~. IT IS ORDERED AND
_. PLAINTIFF.
DECREED THAT
AND
GEORGE J. HRUSKO, JR.,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FOLLO'(f.INbICLAIMS WHICH HAVE
.\'l\\
BEEN RAISED OF RECORD IN THIS ACTION FOR WHicH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The term~ and provisions of the agreement reached by the parti8s
before the Master on 22 December 1999, as set out in the
attached transcript which the parties have signed, is hereby
incorporated into, but does not merge with, this Decree.
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IrreBpectlvp. "I' the di ffell'lll. dilleu "f nel'ilrillion till'
partieB thlnl: tile H"pilr-ill'.lon occnrr"d (the r'!i1HUH
understallc.l~l they do not aCJrer> on the datc of nnparat lon),
t1w partil,n hilVO \Joen ,wparilled lor iI perloc.l In eXCcSH of
two year:J.
'l'he complilint rcd,wd thl! economlc clill.ms of
equitable distduulion, al.lmony, ill imony pnndente ll.te, and
counsel fees and :}:<p'3f1tH?S.
The parlien wern married on Hay 14, 19f13.
'l'hcy are tlw naturill patflllts of two minor chi ldren.
After extensive ne<JoUations this day, the
I:
Master has been advi.sed that tllO partieu have reached an
agreement with respect to the outstanding economic claims
raised in the proceed inys. 'l'lH! alJ rcement is going to be
placed on the record In the prescnce of the parties, 'l'he
agreement as stated 011 the record ~Iill. be consldered the
substantive agreemcnt of the partIes not subject to any
changes or modifications except for correction of
typographical. errors which may be made durinCJ the
transcriptioll.
After the aCJreellll,lIl haB belm trallscribed,
the parties and COIlII'''!} ciln revi nW thl! document for
typographici.l crror,;, milh, illlY r;nrrnct!OIlS as necnsBary, and
then affix their siqniltllre'; hy \-lilY Ill' ilfril"1l1il1.i1l1l of tho
terms of the aqT'l!l_'II""lt thilt ill" ,;I.dt<,d nil tho record at LIds
time.
Till! :liCjllil\fJ 01 Ul(~ illll'e(~IIlI!l\t hy tilt! pilrtil~~i is
simply iln i1111/IIUI (.'11 ", I II.' t"tlli'l "I t IIle il<]r<)I'IIi"nt ail
illill"d on III" I""<lld.il IIdil Lillil' illld l<l ~llIi,,1I tll" pil/tles
arH boulld whell Ihl!Y II'iIV" Ih" lI"ilrlll<] room.
^ftet I lie d<]r""IIII'1I1: hils beon returned 10 the
Milster"l oflic" by till. pdtl i",; dlld COIIl\:wl, the Master will
prepare iln order vac"LinlJ lIis appoilltment and cOIJnsel will
then be able to file il prilecipe IrilmHlliLtin1j thp. r"cord to
the CourL requ"'lLinlJ .1 l'lnil; dl'''tr.e in divor.;8, Hr. J\ndes.
MR, MllIl;:~;: The pilrtle:J hilv,~ aljreed to settle
the economic claims III tllil' (;il[IO on the follOllir.Cj basis:
1. Husband's deferred compensiltion plan wJ.th the
Commonwealth of Pennsylvania, which is administered
by the Copeland Group, and wllich husba:1d represents
has a value LodilV of approximately $110,300,00, will
be trans ferred in its en tl rety to wife. The pa rties
will cooperate to obtain il plan approved Domestic
Relations Druer to make such transfl!r or segregation
of those funds into il separiltp. account for wife's
benefit and conLrol J.n tile future. The parties will
engage Harry M. Lolster for purposes of preparing such
order and obtilining 1t5 approval, and they will share
equally the costs or Mr. Leistl!r's services,
2. Husband has eilrned benefits durinCj the marriage within
the Commonwealtll of Pennsylvania state Employees
Retirement system and wIfe has received information
about those benefits. Wife herebY waives any claim to
or intel'est in those bener i ts and husband shall be the
sole and separatl' (Mner of those henefits hereafter.
3. lIunband sha 11 retil i n the 1 'l'rl Fonl I':xp Lorer wh ich is
currently t:l'lJinl.eled in hin lIallle and wife shall retain
I.he l')ljfj ehrynler Villi cllrruntly reljistered in h"r
numB and oneil party \;laivp~) allY claim to or i.nterest
i.n those lIlo!.or vllh i r: 1 ",; u\'JIled by the other.
4. The pilrties \'1111 divide Ihe IJIILted Slal.u,; nilvillcjs bunds
whi('h are hr!ld ill Ih(~i r joinl 11t1tne~j ~.i() that wi ff:~
rocoiV(~~j ~j~}',\ of t.li(~ Itl(Il~l1Ipt iV11 vdll)(' of tho bOIHl:i and
hll:";hillld rc!cldVP:i 11!")'i lJr tll(l:if.l. 'l'ho pilrtt(!H vii j 1
meeL aL a mul.lliolly ('ollvf'ni"ld Lil1le ~IiLhin the next
thirty (10) days at it hanl:, crl'dit 11111011, or
other In:;t I till' Ion to compl ",... ~Ihi"ev..r docllments
aro Ilucensilry to dividr~ or I iquidatn thuBe honds
and dividn tI\!~m in itl'corditn<:.. wi th this paritlJriJph.
5, Wife nllilil COIl\"'y 10 hunllillld/ by il npeclitll'lilrranty
deert, hor in!:nt(!:it ill l:tH~ r()[JH(~r marital rC!iidenr.e
at 200 IIllIh ~Jl.r..(!t In ~;\lIl1m..rdal", CUl1Iberland COllnty/
Penn:;yIVill\la, IIlw\lallll !;\Idll \'" responsible to prepare
tho dPl!d ilnd Iii r.. nhall prullIpLI Y s i IJn ilnd acl:llllwllldge
and dell ver such Ll..{~d upon reo'! pt of Lhe deed prepared
by hus\land'n atl.o[11<"",
6. Wife shall [(1Lain he, premarital. resIdence al 626 NOI.th
Front street In WormloysIJlIr\J, Pellnsylvard.a, free of any
claim by husband and InwlJilnd shall Si{Jll, acknowledge,
and deliver a deod to wife, to be prepared by wife's
attorney to quitclaim any interest he has in that
property to wife.
'7. lIusband shali retain his i.ndividllai rntlrement account
wi th !,egg Mason, ~Iootl ilnd ~Ial ke r [ree 0 I' any claim
by wife,
Wife Shilll retain her individual retirement account
with the 14emhers 1:;1. federal cr'edlt union free of any
claim by husband,
O. 'I'he parties shall transfer to wife the joint investment
account wi th .Iolln lIancocl: funds, They will make,
execute/ ackno~II(".lge, and deliver all documents
necessary to transfer that fund ~1ithin thirty (30) days
of the date of this a~lreOl1\ent anel wife shall be
I'esponsible to obtain or prepare tile documents
necf~ssary to make that Lrilll~)f(Jr.
9. Tho partieH own (l joint illvcsLmont account with I,egg
Mason, Wood and Wall:nr 1~I1icll had a balill1ce at the
end or September or apprllxillliltel.y Olll6,OOO.OO. The
parlin:> will divide t1li1t aCCollnt as follows:
Wlfe :-;11 a 1 1 r-ecotV(! ;il!_J~-),'J"HI.no from Lht.-~ (Iccount,
oll.l",r in \:I", [llrm of "",;11 nr ilS!;!,!::; Hithin tllo
accoullt;
III1~d)itlld :lhilll l(~{:\~ivl.' :;;{l'l,ttHl.1J1l ()f lilt! jlS:H!L:.j or
\-h(~ fund:.; i It '-I'll! tlt:C'(lllld;
'I'h(~ hilldl\cf.! rel1ldildntl in t.tll~ ,1c'CtJ\lllt :ihitll hH dividnd
t_le) tlldt Hi f(! r(!c',~iv(~:j IJIJ'l, allll llll:illdtlll rl!c(!IVt!ri "~I'/..
Tho pitrtloB wllllll"I!l..1 1111.' I,I'I],! Nit~;tlll olnc"
wlthill t.ho lIoxt t~J"ldY (2lJ) dityn to divide the ilccoulIl:
111 iI<:l:orddllCl! ~Jilh thin pdril'Jritph, Upon t.he [IIIi'll.
dlvi,;ioll of t.he ;Il:I:Ollllt., Ihl' ilc"n\llll. will bu clnsod
and tho parlion ~Ji 11 havo uo r"lIIillninlJ 'jolut ilccounts
wJ.th l.el]l] 11a,,,,n, Wood ilnd w..lb,r,
10. [lur.lnl] th(, marrlil'l" I:h" pilrt.ios acquired or funded
accounts for I:holr' tWI minor children with Legg Mason,
Wood anti Willkor and hushand cllrrent.l Y holds those
accounts as cust.odian for t1w children, The part ies
agree that hasllilnd :,hill I relllaln cusl:rJdi.ln of the
accounts but Bhall UfW and apply funds frolll the
accounts only for the benefit of the children, lIusband
shall keep wi fo ilppdned and advised of any aclivlties
within the accountn ilntl shall preserve the accounts
untll the children reach the 8ge of 21 unless it is
necessary to withdraw or apply funds from the account
to pay for the colleqe education nf the children
prior to them attainIng the age of 21,
11. The partles own a 1996 Jayco pop-up camper/traller.
They will transfer tltle to that trailer to wife within
thirty (30) days of the date of this agreement and both
of them wlll make, execute. acknowledge and deliver
any documents necessary to complete that transfer. At
the time the title documents are delivered to wife,
wife will pay husband the sum of $1,500.00 for his
lnterest ln that trailer,
12. The parties acknowledge that during the marriage wife
earned certaln benefits wlthin a pension plan with
her former employer, Pennsylvania Blue Shield,
Husband hereby waives and releases any cl.aim to or
interest in those benefits ilnd acknowledges them to
be the sole and separate property of wife free of any
claim by him hureafter,
13. Durinq the marriaqo the parLies acquired various
Items of hO\lsnhold fllrnisllin'Js and tangible personal
property \~hich Lhey provilJllsly dlvidod to thai.t-
satisfaction. !':dCIt ()[ the pi1[tien hereuy wnlves ilny
claims to the iLems Ilf' Liln,]ible personal household
properLy now ill tI", poss''';SiUIl of the other and
conti r1l1fi lhu~-H~ aH:J(~I.~i to Ill! the sole and tiepacaLo
property of the party ~lhlJ now po,;,ws'; them,
14, Each of the parties herel;y waives any clalm a<Jilinst the
other for alimony, allmonYI"~Ij(I"nle lite, spousal
support, coUns(~ I ff~es or (~xpens(~s f~xcept any couns(-! 1
fees incurred in the "ntorr:'!Il\t'nt, in tho future, of tho
te rms and prov i:; i OilS () r th i:; i1<J Illen1l!nt.
15, F:xcopt a:; hen,in oLh"n~i,;o provid"d, oa<:h party may
di spose or hi,; or her property in any ~/ilY and eac:h
party herel.y waives and relin'lui,;lws any and all rl'Jhts
he or fihe may no\~ have or horeaftor 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 includi.ng without limitation,
statutory aliowance, widow's allowance, right of
intf~stacy, r lqht to take aga:in:;1: the wiJ 1 of the othor,
and right to act as administt-ator or executor in the
other's estate. Each will at: the request of the other
execute, acknowiedge, and deliver any and all
instruments whic:h may be necessary or advisable to
carry into effect this mutual waiver and relinquishment
of all such interest, rights, and claims.
16. The p~rties still have two or more joint checking
accounts with credit unions and/or banks which
each of them have used separately since the date
of separation. To the extent that any of those
accounts remain in joint names, each of the parties
will sign off on the account used and held by the
other.
MI<, ANDE:S: Ms, IIrusko, we have been here
since 9: 00 this mornln<J, ~Ihlch ls a little over four hours,
we've negotiilted with your husbal.d,
have represented you
in this divorce case for a I i.ttle over three years and
during that Ume we have assembled a lot of informatioll and
we have made some decisiolls, alld you've made some declsions
about how YOII want to ",,'-tle lid,; C,lfH!,
['V" had il chanc" to explain your rillhts '-n
you ilnd LIve tried to ,1II5\'lel all of the qlle5t:lons YOII've
MS. IIIHI:,KO: Ye~; .
MIL ANIlE:i: Ilo YOII IIl1dnrstand H?
MS. IIHU"KO: I thillk.
MR, ANDES: Do you have any ques tions about
raJ sed, ilnd you were ill'IO Iwni for .tho last tell ml.llllt.1S whell
we dlctated till B illld diBclI,wnd I.Ilis aIJn!(!mCII1, did you Iwar
what I dlctated'l
it that we need to resolve nnw?
MS, IIRUSKO: No.
MIL ANIJIo::j: Are you willillg 1:0 settle the
case on these terms, alld that Is, whatever that agreement
provides you get, 15 what' you gel: and the rest of the claims
are waived. You can't come back ill six months or slx days
and say, wait a minute, I wilnt alimony or I want George to
pay my attorney feos. Wha t's i.n that agreement is what you
get and we are done. Is that sa tis factory with you?
MS. lIRUSKO: That's sa tis factory except for
one or two little personal items that are still at the house
but other than that --
MH. ANDE:S: You meilll, l1l:e, your high school
diploma or something'l
MS. HRUSKO: Something like that, yeah, I
know I have Bailie boxes up in tho attl.c.
MIL ANm::i: Wr!ll, 101'B fJO off the record and
get that resulved.
(A discu:w!on WiW hf-~Icl off t11f! [(~r.onl.)
loll\. MlIll':S: There are two or three iLems that
you would like to have in the house that we just discusset!
off Lhe record, on" 01. thelll .is part ur your dallCJhter's bet!,
the others are a couple of cardboard boxes that you think
may be in the atl:lc that would have oid thinCJs in them that
may be of interest to you and your husband said that he
would maKe those ava i 1 ahl e VI you as 10n'1 as you did not
come to tbe house when he was not present to get them.
MS, IIIlUSKO:
MR. ANDES:
Okay.
With that understanding in place,
but not making it part of our forlllal agreement, ar.e you
satisfied with the agreement?
MS. IIRUSKO: Yes.
MR. ANDES: And are you satisfied to settle
the case on these terms?
MS. IIRUSKO: Yes.
MR. ANDES: Do you have any questions about
il:'1
MS, IIRLJSKO: No,
HR, I,SI.'051'1'0: At the be'1i.nning of your.
questions to Ms, Hrusko she indicated that she thought she
understood th(~ iHJreflOl"ld:.
I would rather that she indicate,
if in fact it's correcL, that she do,'s fully uuderstand the
tenus of the ilCJrefIIlH![\L.
MS, IlHW;KO: 1'11I prot Ly HUrl' -- I 1II0iln I
ciln't RilY I 100'), -- 1'11I pr"Lty HUff' I ond"rsLand ovnrythlnl],
r can't Lhink of any thin'] now that: HOllnds--
Till'; MA:;'n:H: ~Io II. i ,< lhorr! imythl rl<] L1wt you
don'L understand1
MR. ANlll;:~;: IB thor" any [lart of the
agreement that you don't underfiLi.lnd?
MS. IIHUSKO: Wull, one thing IS, is there any
problem with us siyning of( on each others bank accounts?
lie is still on my Melllbers 1st. 1 'III still on his PSECU. I
wouid like to get that taken care of.
MR, ANDES: Anythiny else?
MS, IlRUSKO: Not that I can think of,
MR. ANDES: Then let's may be add this
paragraph to the agreement. (Added above)
(A discussion was heid off the record.)
TilE MASTER: Are you clear new, Ms. Ilrusko,
that the agreement as stated you understand the terms of
thn Hl]reemer'!:?
MS, IIHUSKO: I don't know what to say. I
mean I think r nnderstand it.
TilE MASTEH: Well, Is there any part of it
that you think you don't undnrstand?
HS, ImUSKO: Not that I am aware of,
TilE HASTEH: OkilY.
(/\ dlBClIHHlolI WilS h[dd 01 [ the rocord.)
'1'111': !'lM:'I'Io:Il: Wo had ill I ofr thE! n,cord
dlsclIssion abollt: H,;. IInwKo'H 1II1durBti'llldill[J 01 the
a'Jr""llIelll., Hr, /\rlfi<,,; hold 'l"ln!' r11:;"IIH'lloll wllh Ills ellol1t
alld -- H,;, lIr1wko, 0111"1 II", di,a:lIH:;joll with Mr. /\lId" 'I ami
In leSpOIl:le to MI. I':'lflo'lilo',; qll",;tioll, call YOll Btatll that
YOII flllly lInoerstalld I h" l."llllB of' l.IdH a<jreeI1I1J1lt?
t-!~). IIHusr\o: '(UB.
Mil, ESPO!jI'I'O: Mr. Ilrusko, I've represented
you in this lllatter Hillce the [all of 1996; is that right?
Mil. IIHUSKO: Yes. Nobly.
MI\. ~:SPOSITO: Durill<j that period of time we
have to one extent or another, but ultimately, thoroughly
dlscussed the legal and factual issues involved in your
case, have we not?
MH. IIRUSKO: Many hours, yes.
MR. ESPOSITO: /\nd we have spent several
hours here today negotiating a settlement and dlscussing the
variuus legal 3nd factLla L issues; is that correct?
MH, IIHUSKO: Four hours and twenty minutes;
that's correct.
MH. E5PO,;['I'0: /\nd you were present when Mr,
Andes reel ted inlo t1w record till' terms of the settlement
agreement ~Ihich ~Ie I"d lev" YOll alld 11:;, IIIL1sko have enl.ered
itll.o today; j:; thaL r i<Jhl.'!
, ,
111\(lCl:lod by 11M illld ill pilr\ \l'lllill :;1'1:1.I01l :110'] of tho
IJOlI\lHltlc Holiltiull:.; 1.:0110,
(ll\'l'E:
Wl'l'Nli:ns:
_~~_~ i ~4,~
~n L, Hrusko
e It;":"" /\il eB"- ,---
/\ttorney for Plallltl ff
;tt;l: ~
Paul J~ito
/\ttorney :or Defrmdant
~-r1=J~
Karen L. Hrusko
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS,
Georl!e J, Hrusko, Jr,
Defendant
NO, 96-6035
DOMESTIC RELATIONS ORDER
This Ordflr is made pursuant to State domestic relations law and relates to the provision of
marital property rights to the Alternate Payee who is or was the spouse of the Participant. This
Order creates or recognizes the existence of the right of the Alternate Payee to recl'ive a portion of
the Participant's Deferred Compensation,
1. Definitions
For the purposes of this Order, each term below has the meaning stated by this part,
"Administrative Service Agency" means Copeland Associates, lnc, or the other person contracted
by the Plan Administrator to provide services regarding the Plan,
"Alternate Payee" means Karen L, Hrusko, 537 West Cumberll.nd Road, Enola, PA 17025, who
certificates that her Social Security Number is 168-48-3055,
"Order" means this document when properly entered as an Order of a court having jurisdiction
over both the Participant and the Alternate Payee,
"Participant" means George J, Hrusko, Jr" 208 High Street, Summerdale, PA 17093, who
certifies that his Social Security Number is 210-40-4307,
"Plan" means the Deferred Compensation Plan for Officers and Employees of the Commonwealth
of Pennsylvania,
"Plan Administrator" means the Pennsylvania State Employes' Retirement Board, an independent
administrative board of the Commonwealth of Pennsylvania,
"Separate Plan Account" means the sub-account of the Participant's Plan Account that the Plan
Administrator causes to be maintained for the benefit of the Alternate Payee consistent with thi~
Order,
All other capitalized terms have the meaning provided by the Plan,
DRO
Page 2
2. Division of Deferred Compensation
The Alternate Payee hereby is awarded an interest in the Participant's Plan Account,
Upon the Plan Administrator's determination that this Order is a Plnn-approved Domestic
Relations Order, the Administrative Service Agency shall set apnrt 100% of the Participant's Plan
Account as of the date that the Administrative Service Agency determines that the executed
Order constitutes a Plan-approved Domestic Relations Order and direct th3t amount into a
Separate Plan Account for the Alternate Payee,
After the division provided by the preceding parngraph, the Plan's charge <$250,00) for the Plan
Administrator's expense in processing this Order shall be charged against the Alternate Payee's
Separate Plan Account,
During the period after the Alternate Payee's Separate Plan Account is established and before a
distribution is payable, the Alternate Payee may direct the investment of her Separate Plan
Account according to the Plan's provisions and procedures,
The Alternate Payee's Separate Plan Account shall not receive an allocation of any contributions
or credits made by the Participant or any employer,
Upon the Participant's death or Separation-from-Service, the Alternate Payee shall become
entitled to a distribution of her Separate Plan Account, The Alternate Payee may elect any
distribution and Payout Option that meets all requirements of the Plan, Not later than 60 days
after the date that the Alternate Payee has notice of the Participant's death or Separation-from-
Service, the Alternate Payee shall file with the Administrative Service Agency a written claim
that includes the Alternate Payee's irrevocable election of her Distribution Commencement Date,
Not later than 15 days before the Distribution Commencement Date, the Alternate Payee shall
file with the Administrative Service Agency her irrevocable election of her Payout Option,
The Participant is ordered to furnish to the Alternate Payee a written notice of the fact of his
Separation-from-Service not later than 5 days after the date of the Participant's Separation-from-
Service,
The Participant is ordered to keep a copy of this Order together with those personal papers that
he sets aside for his personal representative or family to find upon his death, The Participant's
personal representative is ordered to furnish to the Alternate Payee a written notice of the fact of
the Participant's death not later than 5 days after the date that the personal representative has
knowledge of the Participant's death,
Any rights not paid before the Alternate Payee's death shall be payable to the duly appointed and
then-currently serving Personal Representative of the Alternate Payee's estate,
On and after the date of establishment of the Alternate Payee's Separate Plan Account, the
Participant shall have no further right or interest in the portion of Participant's Plan Account that
is properly directed to the Alternate Payee's Separate Plan Account; and the Alternate Payee shall
have no right or interest in the portion of the Participant's Plan Account that is ill!! directed to the
Alternate Payee's Separate Plan Account.
DRO
Page 3
Nothing in this Order shall restrict the Participant's rights to obtain a distribution under the Plan
or to designate a Beneficiary under the Plan with respect to the portion of his Plan Account other
than the Alternate Payee's Separate Plan Account,
3. Tax Treatment
Nothing in this Order shall have any effect concerning any party's tax treatment, and nothing in
the Order shall direct any person's tax reporting or withholding,
4. General Provisions and Restrictions
The Plan Administrator and the Administrative Service Agency and any person subject to the
direction of either of them shall not apply any provisions that would require the Plan
Administrator or the Administrative Service Agency to calculate the amount to be directer! to the
Alternate Payee's separate sub-Account in a manner not readily calculable by the Administrative
Service Agency according to its currently available records and without regard to any records for
any accounting period that is an account stated or otherwise settled by the application of the Plan,
When establishing the Alternate Payee's Separate Plan Account, the Plan Administrator shall
first redeem amounts pro rata from all investment options other than life insurance held for the
Participant's Plan Account, and shall redeem amounts from a life insurance policy only if
necessary to obtain the amount that this Order provides for the Alternate Payee,
If the Alternate Payee receives a Confirmation or Account statement that shows the amount of the
Participant's Plan Account directed to the Alternate Payee's Separate Plan Account and the
Alternate Payee does not object within the time specified by the Plan for objections to an Account,
the amount provided is an account stated as to the Alternate Payee to the fullest extent provided
by the Plan and further shall be deemed a correct division consistent with this Order,
If the Participant receives a Confirmation or Account Rtatement that shows the amount of the
Participant's Plan Account directed to the Alternate Payee's Separate Plan Account and the
Participant does not object within the time specified by the Plan for objections to an Account, the
amount directed is an account stated as to the Participant to the fullest extent provided by the
Plan and further shall be deemed a correct division consistent with this Order,
The Alternate Payee's Separate Plan Account shall bear all fees and expenses as though the
Alternate Payee were a Participant,
This Order shall not require this Plan to provide increased Deferred Compensation,
Any Distribution to the Alternate Payee becomes payable only after the Participant's death or
Separation-from-Service and only upon the Alternate Payee's written claim made to the Plan
Administrator or the Administrative Service Agency,
This Order shall not require this Plan to provide any type or form of benefit or any option not
otherwise pr~vided under this Plan,
DRO'
Page 4
Any provision ofthis order that would have the effect or requiring any Distribution to or Separate
Plan Account for an Alternate Payee of Deferred Compensation that is required to be paid or
payable to another person under any other court order is void.
Any provision In this Order that relates to any employee benefit plan other than the Plan is void,
Without limiting the comprehensive effect of the prl'ceding sentence, any provision relating to any
pension plan, retirement plan, deferred compensation plan, health plan, welfare benefit plan, or
employee benefit plan other than this Plan is void,
The Plan Administrator may assume that the Alternate Payee named by the Order is a proper
payee and need not inquire into whether the person named ie a spouse or former spouse of the
Participant,
5. Giving Effect To This Order
The attorney for the Aljernate Payee shall furnish this Order to the Administrative Service
Agency. fh (
EXECUTED this .rk::. day Of" Y'".
BY THE COURT:
.
CONSENT TO ORDER:
PLAINTIFF/ALTERNATE PAYEE
DEFENDANT/PARTIClP
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Signat re
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Date
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Date
ATIORNEY FOR PLAINTIFF/ALTERNATE
PAYEE
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SIgnature
ATTORNEY FOR DEFENDANT/
PARTICIPANT
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Signature / ;
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Date
Date
KAREN L, HRUSKO.
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
VS.
NO. 96.6036
CIVIL TERM
GEORGE J. HRUSKO. JR.,
Defendant
IN DIVORCE
JO.INLMOIlON-.fOIlENTRY OF DOMEs.nC.1IELATIONS ORD.E8
AND NOW come both parties. by their counsel. and move the Court for the entry of
the attached Domestic Relations Order pursuant to the terms of a Property Settlement
Agreement reachsd before the Master in this matter and, specifically, Paragraph 1 of that
Agreement. such Domestic Relations Order being necessary to properly imploment the terms
of the parties' Property Settlement Agreement.
Samue . Andes
Attorney for Plaintiff
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KAREN L. HRUSKO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND COUNTY,
) PENNSYLVANIA
)
vs, ) CIVil ACTION - lAW
)
) NO, 96-~ CIVil TERM
GEORGE J, HRUSKO, JR" )
Defendant I IN DIVORCE
NOTICE OF AVAilABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed in
the Court of Common Pleas of Cumberland County. This notice Is to advise you that in
accordance with Section 3302(dl of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
I
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I down by the court. A list of profsssional marriage counselors Is available at ths Domestic
II Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania, You are advised that this
I list Is kept as a convenience to you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse,
I
I twenty days of the date on which you receive this notice, Failure to do so will constitute a
II
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If you desire to pursue counseling, you must make your request for counseling within
wsiver of your right to request counseling,
2
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6, This marriage is irretrievably broken,
7, Plaintiff has been advised of the availability of marriage counseling and the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
COUNT I
8. The Plaintiff requests this Court to enter a Decres of Divorce,
WHEREFORE, Plaintiff rsquests this Court to snter a decree in divorce pursua;1t to
the Divorce Code of Pennsylvania,
COUNT II. EQUITABLE DISTRIBUTION
9. During the course of the marriage, the perties have acquired numerous Items of
property, both real and personal, which are held in joint names and in the individual names
of each of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by
the Defsndant, to equitably divide the property, both real and personal, owned by the
parties hereto as marital property.
COUNT III . ALIMONY
10, Plaintiff lacks sufficiant property to provide for her reasonable nesds in
accordance with the standard of living of the parties estsblished during the msrriage,
4
11, Plaintiff is unable to support herself in accordance with the standard of living of
the parties established during the marriage through appropriate employment.
12, The Defendant is employed and enjoys a substsntial income from which he is
able to contribute to the support and maintenance of Plaintiff and to pay her alimony in
accordance with the Divorce Code of Pennsylvania,
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plain-
I tiff from Defendant permanent alimony in such sums as are reasonable and adsquate to
support and maintain Plaintiff in the station of life to which she has become accustomed
II ,"','. th. m..".,..
II COUNT IV . ALIMONY PENDENTE LITE
13. Plaintiff is without sufficient income to support and maintain herself during the
I pondency of this action.
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14,
Defendant enjoys a substantial income and is well able to contribute to the
support and maintenance of Plaintiff during the course of this action,
WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her
reasonable alimony pendente lite during the pendency of this action,
COUNT V . COUNSEL FEES AND EXPENSES
15. Plaintiff is without sufficient funds to rstain counsel to repressnt her in this
,I matter,
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II 16, Without competent counsel, Plaintiff cannot adequately prosecute her claims
II against Defendant and cannot adequately litigate her rights in this matter,
II 5
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17, Defendant enjoys a substantial income and is well able to bsar the expense of
Plaintiff's attorney and the expanses of this litigation,
WHEREFORE, Plaintiff prays this Honorable Court to ordar Defendant to pay the legal
fees and expenses incurred by Plaintiff in the litigation of this action,
I varify that the statements made in this Complaint are true and correct, I understend
that any falsB statsmants in this Complaint are subject to the penalties of 18 Pa. C,S, 4904
(unsworn falsification to authorities).
OA TE: '2? Oc'ro hv (9'1 h..
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KAREN L. HRUSKO
~~
Attorney for Plaintiff
Supreme Court 10 17225
525 North 12th Street
Lemoyne, PA 17043
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KAREN L, HRUSKO,
Plaintiff
)
)
)
)
)
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)
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IN TIlE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs,
CIVIL ACTION - LAW
GEORGE J, HRUSKO, JR,.
Defendant
NO, 96-6035 CIVIL TERM
IN DIVORCE
AFFI1>A VIT OF CONSENT
\. A Complaint in Divorce under Section 3301(c) of the Divorce Code was IiIcd on 4 Novcmber
1996 and was served upon the Defendant on or allllut K November 19l)6,
2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have
elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant.
3, I consent to the cntry ofa final decree in divorce either after service ofa Notice oflntention to
Request Entry of the Decree or upon tiling of my Waiver of the Notice of Intention to Request Entry of the
Decree,
4, I have been advised ofthe availability of marriage counseling and understand that the Court
maintains a list of marriage counselors and tlmtl may requestlhe Court to require my spouse and Ito
participate in counseling and, being so advised. do no! reqllesttlmlthe Court require that my spouse and I
participate in counseling prior to the divorce becominglinal.
I verify that the statements made in this Allidavit arc true and correct and (understand that false
statements herein arc made subject to the penallies of I K Pa, C .S, Section 4904 relating to unsworn
falsification to authorities,
3 - L <6- '20D"O
DATE
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KAREN L. IIRlJSKO
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KAREN L. HRUSKa,
Plainti ff
IN TilE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
\IS.
CIVIL ACTION - LAW
GEORGE J. HRUSKa, JR"
Defendant
NO, 96-6035 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOI/EST ENTRY
OF A IlIVORCE DECREE UNDER SECTION 330llcl OF TIlE DIVORCE CODE
I, I consent to the entry of a final decree in 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 grunted,
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 alier it is tiled with the Prothonotary,
I verify that the statements made in this Aflidavit are true and correct, I understand that false
statements herein are made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn
falsification to authorities,
Ii Dated:
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KAREN L. IIRUSKO
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PlaintilT
IN TilE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY,PENNSYLVANIA
)
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vs,
CIVIL ACTION - LA W
NO, 96-6035 CIVIL TERM
IN DIVORCE
GEORGE J, HRUSKO, JR"
Defendant
AFFIDA VIT OF SEIWICE HV CEIHIFIEIl MAIL
AMY ROSELLI, being duly sworn according 10 law, deposes and says as lollows:
I, That she is an employee of Samuel L. Andes. attorney lor the PllIintitT herein,
2, Thai on 5 November 1996, she delivered to the U,S, Posllll Service in Lemoyne, Pennsylvania, liS
ccrtified mllil (Receipt No, 1'311-120-466), return receipt requested, addressed to the Defendant herein, a
true and correct copy of the Complaint in Divorce tiled in the above-captioned action duly endorsed with a
Notice to Defend and Claim Rights in the divorce uction,
3, Said return receipt curd is attachcd hereto as Exhibit A showing a dllte of delivery to the
Defendant of 8 November 1996,
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Sworn to and subscribed
before me this 19 ~ dllY
of NWCMe.El2... 1996,
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Notary Public
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NOTARIAL S.;AL .
LVNN EHRENFELD, Notary Public ,
Lemoyne Boru. gUlJ1be11and COUI)!) \
My COlOO1lsslon EJCPIIII AuQ 1!'~
KAREN L. HRU~I~Pn\iff
)
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IN THE COURT OF COMMON
PLEAS OF cuMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION. LAW
vs,
GEORGE J. HRUSKO, JR.,
Defendant
NO, 96-6035
IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth In this affidavit, you must file a
counteraffldavlt within twenty (201 days after this affidavit has been servsd on you or the
statements will bs admitted,
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1, The parties to this action separated on ~(G\JAvr~~..A1~ and have continued
to live ssparately and apart for a period of at least two years.
2. The marriage Is Irretrievably broken,
3. 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,
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 folcification to authorities.
Date: 12.. ~hJ~"'/ ('798
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OFFICE OF DIVORCE MASTER
CUM8ERLAND COUNTY
COURT OF COMMON PLEAS
9 Norlh Hanover Slreel
Carlisle, PA 17013
(717) 240'6535
E. Robert Elicker, II
Divorce Masler
Tracl Jo Colyer
Oftlce Manager/Repeller
We.' Shore
697,0371 Exl. 6535
December 9, 1998
Samuel L. Andes, Esquire
525 North Twelfth street
P.O. Box 168
Lemoyne, PA 17043
Paul J. Esposito, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320E Market street
P.O. Box 1268
Harrisburg, PA 17108-1268
RE: Karen L. Hrusko vs. George J. Hrusko, Jr.
No. 96 - 6035 civil
In Divorce
Dear Mr. Andes and Mr. Esposito:
By order of Court of President Judge George E. Hoffer
dated December 3, 1998, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on November 4, 1996,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claims of equitable distribution,
alimony, alimony pendente lite, and counsel fees and expenses.
On November 25, 1998, the Plaintiff filed an affidavit
un~er Section 3301(d) averring that the parties separated
November 1, 1996, a period of at least two years. Consequently,
it appears as if grounds for divorce are not an issue.
In accordance with P.R.C.P. 1920.33(b) I am directing
each counsel to file a pre-trial statement on or before Friday,
January 15, 1999. Upon receipt of the pre-trial statements, I
will immediately schedule a pre-hearing confererce with counsel
to discuss the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
. .
#
.
Mr. Andes and Mr. Esposito, Attorneys at Law
9 December 1998
Paae 2
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAt PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING
COUNSEL.
. ,
KAREN L. HRUSKO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 96 - 6035 CIVIL
IN DIVORCE
VB.
GEORGE J. HRUSKO, JR.,
Defendant
NOTICE OF PRE-HEARING CONFERENCE
TO: Samuel L. Andes
Counsel for Plaintiff
Paul J. Esposito
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 19th day of April, 1999, 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: 2/15/99
E. Robert Elicker, II
Divorce Master
OFFICE OF DIVORCE MASTER
CUM8ERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreet
Carlisle, PA 17013
(717) 240-6535
If. Robert Elicker, II
Divorce Masta,
Tr.cl .10 Colyer
OIllce Managar/Raporter
w... Shore
697,0371 Ext. 6535
September 21, 1999
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Paul J. Esposito, Esquire
GOLDBERG, KATZMAN & SHIPMAN, P.C.
320E Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
RE: Karen L. Hrusko vs. George J. HrusKo, Jr.
No. 96 - 6035 civil
In Divorce
Dear Mr. Andes and Mr. Esposito:
I am writing in response to Mr. Andes' letter of
September 20, 1999. I am not going tc USE' the December 22,
1999, hearing date for the purpose of taking testimony on the
equitable distribution and counsel fees claims.
As ~ounsel will recall from my prehearing conference
memorandum, the hearing on December 22, 1999, was to be used for
marital misconduct and date of sEparation. The letter does not
address whether or not counsel have resolved the date of
separation issue.
Further, the prehearing conference memorandum cited
numerous appraisals and dates regarding the exchange of
information between counsel after appraisals were completed. I
am not going to change the schedule. Counsel should note that
that they should provide me by the end of the first week of
January 2000 a statement showing values of accounts including
IRAs, investment accounts, mutual fund accounts, savings and
checking accounts.
Wu also had a discussion after the ,nemorandum was
dictated, which is noted at the end of the memorandum, regarding
the survivor benefit option and any value ascribed to that
Mr. Andes and Mr. Esposito, Attorneys at Law
21 september 1999
Pacte 2
option which will be assigned to wife.
I would hope that by the hearing in February counsel will
have a worksheet showing what values they have assigned to the
property that needs to be appraised.
As counsel recall, and the prehearing conference
memorandum confirms, there was a considerable amount of work
that counsel needed to do to prepare for this case and the
hearing in February should have the case ready to be tried to
completion so that I can issue a report shortly thereafter
without having to get involved in a delay. Further, to be
completely fair with counsel, inasmuch as this case will most
likely require me to file a report, I will be away for at least
10 days following the 23rd of December and would not want to
come back and try to recall all of the intricate details of the
case after a hearing on the 22nd.
Very truly yours,
E. Robert Elicker, II
Divorce Master
, :.-
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IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
PENNSYLVANIA
CIVIL ACTION - LAW
NO, 96-6035 CIVIL TERM
IN DIVORCE
KAREN L, HRUSKO,
Plaintiff
GEORGE J. HRUSKO, JR.
Defendant
AND NOW, this
ORDER
II day of ~ , 199~. upon consideration of
Petltloner-Defendant's request for counseling the parties are hereby Ordered and
directed to attend 3 counseling sessions within 90 days from the date of filing of the
Divorce Complaint In this matter, *~ -Ju ~ ~ f1.tOh
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6, Petltloner-Defendent desires to attempt reconciliation under the
provisions of the Divorce Code.
WHEREFORE. Petitioner-Defendant requests your Honorable Court to require up
to three counseling sessions to be completed within ninety (901 days following the
filing of the Divorce Complaint.
GOLDBERG, KATZMAN lit SHIPMAN, P.C,
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By l't('(','>L,J,(..;,i
PAUL J,CESPpSITO, ESQUIRE
320E Marl(et Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court ID #25454
Attorneys for Petitioner-Defendant
Date: ~
~E81flCAIUlfj
I verity that the statements contained In the foregoing PETITION FOR
COUNSELING are true and correct to the best of my knowledge, Information and
belief. I understand that false statements contained therein are made subject to the
penalties of 18 Pa.C.S, 14904 relating to unsworn falsification to Q thorl s
Date:
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I
KAREN L. HRUSKO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLANO COUNTY, PENNSYLVANIA
NO. 96 - 6035 CIVIL
vs.
GEORGE J. HRUSKO, JR.
Defendant
IN DIVORCE
RE: Prehearing Conference Memorandum
DATE: Wednesday, June 16, 1999
Present for the Plaintiff, Karen L. Hrusko is
attorney Samuel L. Andes, and present for the Defendant, George
J. Hrusko, Jr., is attorney Paul J. Esposito.
A divorce complaint was filed on November 4, 1996,
raising grounds for divorce of irretrievable breakdown of the
marriage. An affidavit was filed under Section 3301(d) of the
Domestic Relations Code on November 25, 199B, averring the
parties separated on November 1, 1996. No counter-affidavit was
filed denying the date of separation of November 1, 1996
although husband claims the parties separated May 30, 1997. Mr.
Esposito has indicated that he is going to file a
counter-affidavit and we will have to determine whether or not
the filing of a counter-affidavit at this time is a timely filed
document. Irrespective of how we deal with the affidavit and
counter-affidavit issue and the date of separation date, counsel
have indicated that their clients will sign and file affidavits
of consent and waivers of notice of intention to request entry
of divorce decree so that the divorce can be concluded under
section 3301(c) of the Domestic Relations Code.
The parties were married on May 14, 19B3. They are
the natural parents of two minor children, Brianna, who is 13
years of age and Alexander, who is 10 years of age.
The complaint raised the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and ey.penses. Counsel have indicated there may be
testimony on the factor or marital misconduct regarding
husband's allegations that wife was engaged in an ongoing extra
marital relationship during the time the parties were living
together. Counsel are directed to provide a list of witnesses
to opposing counsel at least a month prior to the hearing on the
marital misconduct factor.
Wife is 44 years of age and resides at 537 West
Cumberland Road, Enola, Pennsylvania. She uses as her mailing
address P.O. Box 441, Summerdale, Pennsylvania. She resides
with the two children. She is a high school graduate and is
currently not employed although her most recent employment was
fUll-time for the united states Postal Service on a probationary
job. She did not retain that employment. Her previous
employment before the probation period with the Postal Service
was a part-time job with the Postal Service where she earned
approximately $11,000.00 gross per year. Husband pays wife
$700.00 per month which is not allocated for spousal or child
support. She also has rental income from a property which she
owns at 625 North Front street, Wormleysburg, Pennsylvania. Mr.
Esposito has raised an issue regarding wife's earning capacity
and if the parties cannot stipulate to an earning capacity or if
wife does not have a job by the time we have a hearing, Mr.
Esposito will provide Mr. Andes information as to how he intends
to approach the issue with regard to the earning capacity. If
he intends to get an expert witness on this issue, he should do
so at least two months prior to the hearing so Mr. Andes has an
opportunity to respond. Wife has not raised any health issues.
Husband is 47 years of age and resides in the
marital home at 208 High Street, summerdale, Pennsylvania. He
uses as his mailing address P.O. Box 426, Summerdale,
Pennsylvania. Husband lives alone. He is a high school
graduate and works as an investigator for the office of
Inspector General for the Commonwealth of Pennsylvania. His
biweekly net income is $1,257.49. He has not raised any health
issues.
The parties own real estate at 208 High street,
East Pennsboro Township and the property is going to be
appraised as counsel and the parties cannot agree to a market
value. There is also a claim by wife against husband for rental
value and the appraiser should include an opinion as to rental
value when he does the appraisal.
wife owns in her name only a property which she
acquired prior to the marriage at 625 North Front street,
Worm1eysburg, Pennsylvania. The issue before the Master is the
increase in the value for that property from the date of
marriage to the date of separation. Counsel are going to have
to have that property appraised in order to determine the
increase in value amount. There was an issue raieed by Mr.
Esposito about the rental proceeds from the nonmarital home of
wife. Wife is receiving the rent as part of her income for
maintenance but in addition the issue is whether or not we can
consider income from a nonmarital asset as a marital asset.
The parties had a 1996 Chrysler Town and Country
station wagon which is to be appraised and a 1988 Ford Ranger
pickup truck. The pickup truck was traded in and the parties
bought a 1997 Ford Explorer using the trade in from the pickup
truck and approximately $25,000.00 from marital accounts. The
vehicle was bought in November 1996. Mr. Andes has requested
information regarding the trade in of the Ford Ranger.
Wife previously worked for Blue Shield and has a
pension with that organization which needs to be appraised.
Kusband currently is employed as noted with the commonwealth of
Pennsylvania and his pension needs to be valued. Husband also
has a deferred compensation plan with the commonwealth of
Pennsylvania and counsel can determine the date of separation
value based on statements in the plan and then increase the
value using an interest rate for the growth factor from the date
of separation to the date of hearing.
The pretrial statements also list other liquid
assets including lRAs and investment accounts and mutual fund
accounts and savings and checking accounts. Counsel are
requested to provide the Master by the end of the first week in
January 2000 a statement which may be able to be used as a
stipulation and exhibit showing the values in those accounts.
Husband apparently had savings bonds deducted from
his paycheck prior to the separation and we need to know what
value those bonds have. Those bonds are in husband's
possession.
The pretrial statement of husband also lists a
Nationwide lifa insurance policy and counsel need to provide a
statement from the insurance company showing the cash value of
that policy.
with respect to the household tangible personal
property, counsel have indicated that the property may be
divided satisfactorily between the parties; however, the Master
needs to know whether or not there are going to be any values
used for property in the respective possession of each of the
parties in the equitable distribution computation. If values
are to be used, then the property needs to be app~aised.
Husband has stated on his pretrial statement that
there is a diamond ring in the possession of wife which he
believes has increased in value substantially. He needs to
provide information regarding the purchase price of the ring and
then if he chooses he can have the ring appraised to determine
if there was any increase in value. The issue would probably
not be the increase in value for purposes of equitable
distribution but the current value of the ring since it is a
marital asset.
Both parties inherited money from their mothers'
estates and counsel are going to confirm the amount that each
party inherited. A review may show that wife inherited
$105,000.00 and husband inherited $90,000.00 to $100,000.00.
The Master will consider the inheritances as a contribution that
each party made to the marital estate and the significant issue
is whether or not one of the parties contributed substantially
mora than the other. The review of the estate accounts will
provide that information.
Husband has in his possession a 1996 Jayco pop-up
camper and counsel agree that that will have to be appraised.
There is no marital debt.
Inasmuch as we have an issue regarding date of
separation and possible marital misconduct involving wife's
alleged extra marital relationship, a hearing is scheduled on
those issuea for Wednesday December 22, 1999, at 9:00 a.m.
A hearing on the factors relating to equitable
distribution and alimony and wife's claim for counsel fees
(other than the marital misconduct factor) is scheduled for
Tuesday, Pebruary, 15, 2000, at 9:00 a.m. Notices will be sent
to counsel and the parties.
As previously stated, counsel should provide the
Master a worksheet Showing whether or not they can stipulate to
any or all of the cash accounts by the end of the first week of
January. Also, with respect to witnesses and experts regarding
wife's earning capacity, counsel should note that the Mastar has
in the memorandum given counsel direction regarding the advance
notice of witnesses to opposing counsel so that counsel are
aware of who will be called to testify and will have an
opportunity to respond to any expert reports.
The statement in the memorandum did not contain
specific direction regarding the appraisals on the pensions and
real estate; if counsal cannot agree to use a mutually selected
appraiser and evaluator, then they should provide opposing
counsel copies of their own experts' opinions at least sixty
(60) days prior to the hearing in February 2000.
Based upon the agreement of their counsel, the
parties are directed within thirty (30) days of the date of this
memorandum to withdraw $2,000.00 from one of the joint a~counts
KAREN L. HRUSKO,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96 - 6035
vs.
: CIVIL ACTION LAW
GEORGE J. HRUSKO, JR.,
Defendant
.
.
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Karen L. Hrusko , Plaintiff
Samuel L. Andes , Counsel for Plaintiff
George J. Hrusko, Jr. , Defendant
Paul J. Esposito , Counsel for Defendant
You are directed to appear for a hearing to take
*
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, pennsylvania on the _ 22nd day
of December , 1999, at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
· ,v""
"b<,
Pres iden t Judge
Date of Order and
Notice: 6/16/99
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO Oil
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHEIlE YOU CAN
GET LEGAL HELP.
CUMI3EIlLANlJ COUNTY BAil ASSOCIATION
2 LIBEIlTY AVENUE
CAllI.ISLE. I'A 17013
TELEPIlONE (717) 24'J-31hh
* TESTIMONY WILL BE LIMITED TO THE ISSUE OF THE DATE OF
SEPARATION OF THE PARTIES AND MARITAL MISCONDUC'r.
OF~ICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Slreel
Carlisle, PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorce Masler
Trecl Jo Colyer
Olllce Maneger/Reporter
We.t Shore
697-0371 Exl. 6535
December 23, 1999
Samuel L. Andes, Esquire
525 North Twelfth street
P.O. Box 168
Lemoyne, PA 17043
Paul J. Esposito, Esquire
GOLDBERG, KATZMAN & SHIPMAN
320E Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
RE: Karen L. Hrusko vs. George J. Hrusko, Jr
No. 96 - 6035 Civil
In Divorce
Dear Mr. Andes and Mr. Esposito:
Enclosed is a draft of the agreement wt.ich you put on
the record on December 22, 1999. Please review the draft
for any corrections with the understanding that no
substantive changes can be made.
When you have reviewed the draft give us a call and
let us know if you want us to send the original to the
Plaintiff's attorney for signature who then can transmit the
original to the Defendant's attorney for signature. When I
receive a signed copy of the document, I will then obtain a
Court order vacating my appointment.
Thank you for your continuing cooperation in bringing
this matter to settlement.
Very truly yours,
E. Robert Elicker, II
Divorce Master
factor may have affected wife's alimony claim.
Present are
KAREN L. HRUSKO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96 - 6035 CIVIL
GEORGE J. HRUSKO, JR.,
Defendant
IN DIVORCE
THE MASTER:
Today is Wednesday, December 22,
1999.
This is the date we set for a hearing to take
testimony on the issue regarding the date of separation of
,
the parties and the factor of marital misconduct as that
the Plaintiff, Karen L. Hrusko, and her counsel Samuel L.
Andes, and the Defendant, George J. Hrusko, Jr., and his
counsel Paul J. Esposito.
This action was commenced by the filing of a
divorce complaint on November 4, 1996, raising grounds for
affidavit under Section 3301(d) of the Domestic Relations
divorce of irretrievable breakdown of the marriage. An
Code was filed on November 25, 1998, averring that the
parties separated November 1, 1996, a period in excess of
two years. If the parties do not ultimately file affidavits
of consent and waivers of notice of intention to request
entry of divorce decree to conclude the divorce under
Section 3301(c) of the Domestic Relations Code, the divorce
can be concluded under Section 3301(d) based on the averment
that the parties have been separated in excess of two years.
Irrespective of the different dates of separation the
parties think the separation occurred (the Master
understands they do not agree on the date of separation),
the parties have been separated for a period in excess of
two years.
The complaint raised the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and expenses.
The parties were married on May 14, 1983.
They are the natural parents of tl'o.O minor children.
After extensive negotiations this day, the
Master has been advised that the parties have reached an
agreement with respect to the outstanding economic claims
raised in the proceedings. The agreement is going to be
placed on the record in the presence of the parties. The
agreement as stated on the record will be considered the
substantive agreement of the parties not subject to any
~hanges or modifications except for correction of
typographical errors which may be made during the
transcription. After the agreement has been transcribed,
the parties and counsel can review the document for
typographical errors, make any corrections as necessary, and
then affix their signatures by way of affirmation of the
terms of the agreement that are stated on the record at this
time. The signing of the agreement by the parties is
simply an affirmation of the terms of the agreement as
stated on the record at this time and to which the parties
are bound when they leave the hearing room.
After the agreement has been returned to the
Master's office by the parties and counsel, the Master will
prepare an order vacating his appointment and counsel will
then be able to file a praecipe transmitting the record to
the Court requesting a final decree in divorce. Mr. Andes.
MR. ANDES: The parties have agreed to settle
the economic claims in this case on the following basis:
1. HusbanJ's deferred compensation plan with the
Commonwealth of Pennsylvania, which is administered
by the Copeland Group, and which husband represents
has a value today of approximately $110,300.00, will
be transferred in its entirety to wife. The parties
will cooperate to obtain a plan approved Domp.stic
Relations Order to make such transfer or segregation
of those funds into a separate account for wife's
benefit and control in the future. The parties will
engage Harry M. Leister for purposes of preparing such
order and obtaining its approval, and they will share
equally the costs of Mr. Leister's services.
2. Husband has earned benefits during the marriage within
the Commonwealth of Pennsylvania State Employees
Retirement System and wife has received lnformation
about those benefits. Wife hereby waives any claim to
or interest in those benefits and husband shall be the
sole and separate owner of those benefits hereafter.
3. Husband shall retain the 1997 Ford Explorer which is
currently registered in his name and wife shall retain
the 1996 Chrysler van currently registered in her
name and each party waives any claim to or interest
in those motor vehicles owned by the other.
4. The parties will divide the United States savings bonds
which are held in th~ir joint names so that wife
receives 55% of the redemptive value of the bonds and
husband receives 45% of those. The parties will
meet at a mutually convenient time within the next
thirty (30) days at a bank, credit union, or
other institution to complete whatever documents
are necessary to divide or liquidate those bonds
and divide them in accordance with this paragraph.
5. Wife shall convey to husband, by a special warranty
deed, her interest in the former marital residence
at 208 High Street in Summerdale, Cumberland County,
Pennsylvania. Husband shall be responsible to prepare
the deed and wife shall promptly sign and acknowledge
and deliver such deed upon receipt of the deed prepared
by husband's attorney.
6. Wife shall retain her premarital residence at 626 North
Front street in Wormleysburg, Pennsylvania, free of any
claim by husband and husband shall sign, acknowledge,
and deliver a deed to wife, to be prepared by wife's
attorney to quitclaim any interest he has in that
property to wife.
7. Husband shall retain his individual retirement account
with Legg Mason, Wood and Walker free of any claim
by wife.
Wife shall retain her individual retirement account
with the Members 1st federal credit union free of any
claim by husband.
8. The parties shall transfer to wife the joint investment
account with John Hancock funds. They will make,
execute, acknowledge, and deliver all documents
necessary to transfer that fund within thirty (30) days
of the date of this agreement and wife shall be
responsible to obtain or prepare the documents
necessary to make that transfer.
9. The parties own a joint investment account with Legg
Mason, Wood and Walker which had a balance at the
end of September of approximately $186,000.00. The
parties will divide that account as follows:
Wife shall receive $155,736.00 from the account,
either in the form of cash or assets within the
account;
Husband shall receive $27,981.00 of the assets or
the funds in the account;
The balance remaining in the account shall be divided
so that wife receives 55~ and husband receives 45~.
The parties will meet at the Legg Mason office
within the next twenty (20) days to divide the account
in accordance with this paragraph. Upon the final
division of the account, the account will be closed
and the parties will have no remaining joint accounts
with Legg Mason, Wood and Walker.
10. During the marriage the parties acquired or funded
accounts for their two minor children with Legg Mason,
Wood and Walker and husband currently holds those
accounts as custodian for the children. The parties
agree that husband shall remain custodian of the
accounts but shall use and apply funds from the
accounts only for the benefit of the children. Husband
shall keep wife apprised and advised of any activities
within the accounts and shall preserve the accounts
until the children reach the age of 21 unless it is
necessary to withdraw or apply funds from the account
to pay for the college education of the children
prior to them attainin1 the age of 21.
11. The parties own a 1996 Jayco pop-up camper/trailer.
They will transfer title to that trailer to wife within
thirty (30) days of the date of this agreement and both
of them will make, execute, acknowledge and deliver
any documents necessary to complete that transfer. At
the time the title documents are delivered to wife,
wife will pay husband the sum of $1,500.00 for his
interest in that trailer.
12. The parties acknowledge that during the marriage wife
earned certain benefits within a pension plan with
her former employer, Pennsylvania Blue Shield.
Husband hereby waives and releases any claim to or
interest in those benefits and acknOWledges them to
be the sole and separate property of wife free of any
claim by him hereafter.
13. During the marriage the parties acquired various
items of household furnishings and tangible personal
property which they previously divided to their
satisfaction. Each of the parties hereby waives any
claims to the items of tangible personal household
property now in the possession of the other and
confirms those assets to be the sole and separate
property of the party who now possess them.
14. Each of the parties hereby waives any claim against the
other for alimony, alimony pendente lite, spousal
support, counsel fees or expenses except any counsel
fees incurred in the enforcement, in the future, of the
terms and provisions of this agreement.
15. Except as herein otherwise provided, each party may
dispose of his or her property in any way and cach
party hercby waives and relinquishcs any and all rights
he or she may now have or hereafter acquire under the
present or futurc laws of any jurisdiction to share in
the property or the estate of the othcr as a result of
the marital relationship including without limitation,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's cstate. Each will at the request of the other
execute, acknowledge, and deliver any and all
instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment
of all such interest, rights, and claims.
16. The parties still have two or more joint checking
accounts with credit unions and/or banks which
each of them have used separately since the date
of separation. To the extent that any of those
accounts remain in joint names, each of the parties
will sign off on the account used and held by the
other.
MR. ANDES: Ms. Hrusko, we have been here
since 9:00 this morning, which is a little over four hours,
we've negotiated with your husband. I have represented you
in this divorce case for a little over three years and
during that time we have assembled a lot of information and
we have made some decisions, and you've made some decisions
about how you want to settle this case.
I've had a chance to explain your rights to
you and I've tried to answer all of the questions yuu've
raised, and you were also here for the last ten minutes when
we dictated this and discussed this agreement, did you hear
what I dictated?
MS. HRUSKO: Yes.
MR. ANDES: Do you understand it?
MS. HRUSKO: I think.
MR. ANDES: Do you have any questions about
it that we need to resolve now?
MS. HRUSKO: No.
MR. ANDES: Are you willing to settle the
case on these terms, and that is, whatever that agreement
provides you get, is what you get and the rest of the claims
are waived. You can't come back in six months or six days
and say, wait a minute, I want alimony or I want George to
pay my attorney fees. What's in that agreement is what you
get and we are done. Is that satisfactory with yoU?
MS. HRUSKO: That's satisfactory except for
one or two little personal items that are still at the house
but other than that --
MR. ANDES: You mean, like, your high school
jip10ma or something?
MS. HRUSKO: Something like that, yeah. I
know I have some boxes up in the attic.
MR. ANDES: Well, let's go off the record and
get that resolved.
(A discussion was held off the record.)
MR. ANDES: There are two or three items that
you would like to havc in the house that we just discussed
off the record, one of them is part of your daughter's bed,
the others are a couple of cardboard boxes that you think
may be in the attic that would have old things in them that
may be of interest to you and your husband said that he
would make those available to you as long a~ you did not
come to the house when he was not present to get them.
MS. HRUSKO: Okay.
MR. ANDES: With that understanding in place,
but not making it part of our formal agreement, are you
satisfied with the agrecment?
MS. HRUSKO: Yes.
MR. ANDES: And are you satisfied to settle
the case on these terms?
MS. HRUSKO: Yes.
MR. ANDES: Do you have any questions about
it?
MS. HRUSKO: No.
MR. ESPOSITO: At the beginning of your
questions to Ms. Hrusko she indicated that she thought ~he
understood the agreement. I would rather that she indicate,
if in fact it's correct, that she does fully understand the
terms of the agreement.
MS. HRUSKO: I'm pretty sure -- I mean I
can't say I 1001 -- I'm pretty sure I understand everything.
I can't think of anything now that sounds --
THE MASTER: Well, is there anything that you
don't understand?
MR. ANDES: Is there ar\Y part of the
agreement that you don't understand?
MS. HRUSKO: Well, one thing is, is there any
problem with us signing off on each others bank accounts?
He is still on my Members 1st. I'm still on his PSECU. I
would like to get that taken care of.
MR. ANDES: Anything else?
MS. HRUSKO: Not that I can think of.
MR. ANDES: Then let's may be add this
paragraph to the agreement. (Added above)
(A discussion was held off the record.)
THE MASTER: Are you clear now, Ms. Hrusko,
that the agreement as stated you understand the terms of
the agreement?
MS. HRUSKO: I don't know what to say. I
mean I think I understand it.
THE MASTER: Well, is there any part of it
that you think you don't understand?
MS. HRUSKO: Not that I am aware of.
THE MASTER: Okay.
IA discussion WilS held off the record.)
THE MASTER: We had an off the record
discussion about Ms. Hrusko's understanding of the
agreement. Mr. Andes had some discussion with his client
and -- Ms. Hrusko, after the discussion with Mr. Andes and
in response to Mr. Esposito's question, can you state that
you fully understand the terms of this agreement?
MS. HRUSKO: Yes.
MR. ESPOSITO: Mr. Hrusko, I've represented
you in this matter since the fall of 1996; is that right?
MR. HRUSKO: Yes. Nobly.
MR. ~SPOSITO: During that period of time we
have to one extent or another, but ultimately, thoroughly
discussed the legaL and factual issues involved in your
case, have we not?
MR. HRUSKO: Many hours, yes.
MR. ESPOSITO: And we have spent several
hours here today negotiating a settlement and discussing the
various legal and factual issues; is that correct?
MR. HRUSKO: Four hours and twenty minutes;
that's correct.
MR. ESPOSITO: And you were present when Mr.
Andes recited into the record the terms of the settlement
agreement which we believe you and Ms. Hrusko have entered
into today; is that right?
THE MASTER: Do both of you understand that
MR. HRUSKO: That is correct.
MR. ESPOSITO: Do you fully understand that
agreement?
MR. HRUSKO: Yes, I fully understand the
agreement?
MR. ESPOSITO: Is it your intention that the
terms as recited by Mr. Andes embody that agreement in all
respects?
MR. HRUSKO: Yes, ably.
MR. ESPOSITO: Are you satisfied to enter
into the agreement as stated?
MR. HRUSKO: I am unequivocably satisfied,
yee.
when you leave this room today you are bound by the terms of
this agreement even though you don't ultimately sign by way
of affirmation the statement that is made on the record?
MR. HRUSKO: Yes.
MS. HRUSKO: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS:
DATE:
Samuel L. Andes
Attorney for Plaintiff
Karen L. Hrusko
Paul J. Esposito
Attorney for Defendant
George J. Hrusko, Jr.
7. PENSIONS. - Defendant participates in the Commonwealth ofPeMsylvania
State Employes Retirement System and Deferred Compensation program. Plaintiff has accuMulaled
pension benefits through her former employment with Blue Shield. Defendant also owns two IRAs
and Plaintiff owns a single IRA.
8. COUNSEL FEES. - Plaintiff has set forth a claim for counsel fees in her
Complaint in Divorce. The parties' retainer fees were paid from marital funds.
9. DISPUTED PERSONAL PROPERTY. - Unknown at this time.
10. MARITAL DEBTS. - None.
II. RESOLUTION OF THE ECONOMIC ISSUES. -
A. Plaintiff would retain 626 North Front Street, Wormleysburg. as her sole and
separate property and Defendant would retain 208 High Streel, Summerdale, as his sole and separate
property.
B. Defendant would relinq!.ish any claim he might have to the renlal proceeds
received and retained by Plaintiff from the Wormleysburg property.
C. Plaintiff would retain the 1996 Chrysler Town & Country Mini Van and
Defendant would retain the 1997 Ford Explorer as their respective separate assets.
D. The parties would retain joint ownership of the 1996 Jayco pop-up camper.
The camper would remain in Defendant's primary possession. however, Plaintiffwould have liberal
access to the camper for her use and that of the children. In lhe event the camper is sold, the net sale
proceeds would be divided equally between the parties.
2
E. Defendant would retain his PSERS and Deferred Compensation benefits and
Plaintiff would retain her Blue Shield retirement benefits. However, Plaintiff would receive one-half
of the marital portion of Defendant's State retirement and Deferred Compensation on a deferred
basis, with appropriate adjustments. Inthe alternative,Defendant would consider an immediate offset
distribution of the Deferred Compensation and State retirement In order to achieve an overall equal
division of the parties' marital assets.
F. Defendant would retain his Legg Mason IRA and Plaintiff would retain her
Members First Federal Credit Union IRA.
G. The Legg Mason account would be divided equally, however, Plaintiff may
receive a greater share of this account, depending upon the scheme of equitable distribution which
is ultimately determined.
H. Defendant would retain the John Hancock funds and Plaintiffwould retain the
Nationwide Life Insurance policy.
I. The U.S. Savings Bonds accumulated by the parties during their marriage
would be divided equally in terms of actual redemption value.
1. Defendant would retain the PSECU checking and savings accounts. Plaintiff
would retain the Members First Federal Credit Union checking accounts. The parties would divide
the Members First Federal Credit Union savings account equally.
K. The parties would retain the personal property in th~ir respective possession
and would make no claim for any items in the possession of the other.
3
L. Plaintiff would retain the diamond ring as her sole and separate property.
M. The children's Legg Mason accounts would be preserved for their exclusive
use and benefit. Defendant proposes that he would bl'l granted control of the accounts, with the
understanding that the funds would not be accessible by either party. He will conlinue to fund these
accounts at his discretion. In the alternative. if Plaintiff demands mutual control of the account.
Defendant will acquiesce, but will make no further contributions to the accounts.
N. Neither party will make any claim al!ainst the other for alimony, alimony
pendente lite, counsel fees, costs or expenses.
O. The parties will be divorced pursuant to Section 330 1 (c) of the Divorce Code.
GOLDBERG, KATZMAN & SHIPMAN, p.e.
By
fad./~tf;i
PAUlM. POSITO, ESQUIRE
320 Market Street
Post Office Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
Supreme Court I.O. #25454
Attorneys for Defendant
4
CERTIFICATE OF SERVICE
On this 15th day of January, 1999, 1 certify that a copy ofthe foregoing PRE. TRIAL
STATEMENT was served upon the following counsel of record for PlaintitTby placing the same in
the United States mail, first class, postage prepaid, addressed as follows:
Samuel L. Andes, Esq.
525 North 12<h Street
Lemoyne, PA 17043
GOLDBERG, KATZMAN & SHIPMAN,P.C.
By
,
rvJf"
PAUL J ES OSITO, ESQUIRE
320 Market Street
Post Office Box 1268
Harrisburg, PA 17108.1268
(717) 234-4161
Supreme Court ID #25454
Attorneys for Defendant
PRELIMINARY INCOME AND EXPENSE STATEMENT
OF
GEORGE J. HRUSKO, JR.
INCOME
Employer: Commonwealth of PA, Office of InsDector General
Address: 333 Market st.. Harrisburq. PA
Type of Work: Investiq3tor
Payroll Number:
Pay Period (weekly, biweekly, etc.): Biweeklv
Year-To-Date
Biweek1v
1914.75
330.39
120.25
28.12
19.15
53.61
95.74
Gross Pay per Pay Period:
Federal Withholding
Social security
Medicare Tax
Local Wage Tax
State Income Tax
Retirement
Life Insur,lnce
occupation Tax
Health Insurance
credit Union
other:
Add'l Federal withho1dinq
10.00
Net Pay:
1257.49
EXPENSES
Weekly Monthly Yearly
(Fill in appropriate column)
HOllie
Rent $ $ $
Maintenance (new roof) 166.67 2000
utilities
Electric 58.33 700
Gas 25.00 300
oil 75.00 900
Telephone 25.00 300
Water 12.50 150
Sewer & Trash 25.83 310
ElllploYlllent
Public Transportation $ $ 50.00 $ 600
(state car)
Lunch & Breakfast 216.67 2600
Taxes
Real Estate $ $ 83.33 $ 1000
Personal property 41. 67 500
Income
occupation .83 10
Insurance
Homeowners $ $ 83.33 $ 1000
Automobile 41. 67 500
Life 10.67 128
Accident
Health
Other (camper) 10.00 120
Automobile
Payments $ $ $
Fuel 125.00 1500
Repairs 16.67 200
Maintenance 16.67 200
Licenses 2.00 24
Registration
Medical
Doctor $ $
Dentist
Orthodontist
Hospital --
Medicine
special needs (glasses,
braces, orthopedic)
Education
Private
Parochial School
College
Religious
$
$
$
Weekly Monthly Yearly
(Fill in appropriate column)
Personal
clothing (children)
Food
Barber/Hairdresser
Personal Care
Memberships
camping
Loans
Credit Union
Personal Loan
$ $ 12~.00 $ 1500
250.00 3000
6.67 80
41.67 500
2.00 24
125.00 1500
$ $ $
Miscellaneous
Room & Board $ $ $
Child Care 700.00 8400
Papers/books/magazines 8.33 100
Entertainment 166.67 2000
Pay TV 25.00 300
Vacation 208.33 2500
Gifts 416.67 5000
Legal FeE's 166.67 2000
Charitable contributions 83.33 1000
Other child Support --
Alimony Payments
Postage 4.17 50
Total Expenses S 3395.51 40.7415
COMMONWEALTH OF PA - EMPLOYE STATEMENT ,un ... ,. ..TO
GRan URNINOS I.U..1' '1.'13.19
PAY PERIOD ENDING: \l-II-" PAY DUEl \l-3\-" MIMUS DIDUCTlONS 1,121.15
vr'l .'110"'0000 DEPTI 01. CDC: 0.000 riD M'H U X 01 nO,n
SOC SIC U 6.10000\ \l0.15 J,2U.U
el.HPI' 1Il.10 POUl 125111 SSN, 110-60-4301 SDC SlCtMIO U \. "000\ 21.12 163.30
I'U, Q4 PAY RANGE: 07 STEPI 20 LEVELl 00 SUTE HIH IX PA 2.'QOOO'4 n.u 1,455,23
IXICUIIVI OFFICIS OFF OF INSPICIOR GIN lDCHG U-RES PA J1 .0. 1.00000'4 1'.15 519.13
RIT PtU CON SUII IMP ',OODon ".1' 2,'''.''
riD MIH IX-ADD 10.00 210.00
GEORGE ~ HRUSKD ~R
208 HIGH STREET
SUMMEROALE PA 17093
Nil IARNINGS, 1,251."
STATE PAID .ENIFITS PLUS RIIMIURSlHINlS
HEAlIH .INIFIIS KEVSIONE HIAlIH - CINIRAl
LIFI INSURANCI
NORKIAS COMP
SOCIAL SECURIIV
MEDICARE
RETlRIHENT STATI EMPlOVES RET Svs
" , ,'n,. ..... n '"'' v..,,,
PAID LEAVE STATEMENT TOTAL DIRECT DEPOSIT AHOUNT 1,251.49
SERVICE CRIOIT' 23 VI I PP
PP IND LEAn USAGE REPORTED HOURS PP ENIl .REAKODIIH GROSS EARN HOURS RATE GROSS
12-11-" ANNUAL 60.00 12-11-'. REG SAL 75.00 25.53 1,914.75
12-04-'. ANMUAL 5.75
12-04.'. COMPENSATORV I 5.751
.
TOTAL GROSS EARNIMOS THIS PAr s 1,'14.7'
LrAVE ACTlVITV ANXUAL Slac PERSONAL SENIORITV INFORMATION
.ALANCE LAST STATIHENI .15." 1.'04.44 30.00
ACCRUAL THIS PP !I.7I 3.75 .00
LV RIPORIIO IHIS PP .,.75 .00 .00
ADJUSTMENTS .00 .00 .00
.ALANCE THIS STHT 355.99 .,601..9 30.00
ACCRUAL RArEI ANNUAL 7.7 S1ac 5.em
HESIAGE CENTER, LOCAL MADI TAX COUNTV/MUNICIPALITV, CUH.IRLANO COUNIV IASI PENNS.ORO THP.
TilL VEII-NCONT I.... FHT TAX DROSS' 1,IU.15
"
~
:;:
.'
/(
IH)
j 1040
~@97
D,p.,',n."I,,' Ih. r,....ury-lntetn.1 nl'l."ue S."".Ct
u.s. Individual Income Tax Return
IRS UuQ"'y--/).,"r,1 ....1. )111ID'ln'""lllke
FOf '"' VIAl Jan. 1.0ec.31, 1997, or olh,'II_ yll' blQlnnlnQ
YlWf Jlnt name Jnd ,nllllll L.., lIrJ'1l.
. ...";<:" 'i\
, 1997. In<M9
. '9 OMS No. 15"5.0074
Your locll' Itcunty numb.'
,~IO ;'10: '7'307
IIpou..'. loclII'KUf1ty numb"
lei; It?!: 30.5':>-
Fo, help In nndlng line
InlINetloM, 1M peg..
2 .nd 3 In the bookJeL
Label
ISH
In.Huetlon.
on page 10.)
UN the IR8
l.b.l.
Otherwise,
pleas. print
or type.
Prllld.nllll
EI.cllon Clmpllgn It.
@,H a e 10. ,
1
Filing Status 2
3
4
~~I:~/.~
L
.
e
.
L
H
.
A
.
II ,J I U'It '.Ium. spout,', 11f,11'.:I"" iJf1d 1(1111<11 LoUl ~an)e"
, ..: .' . I I', ,AI.
Hocr' ad~"u inurpOl' -1na SI"'.U. II ,Ou t'l,)...... P 0 bo~. ,.. pJg' 10
.,~ '." .).....
..,......, ""',"', ,
City, ~jl;n or pOll off, t. stal., and liP c 'r;ou h..... .'arlul" addll", 'II p~gL,10
" . I ..1 . . ~ \ I ./ I . l 1,..._: J "l
1, ." . ...., '.. .
ApI no.
Y.. No
'" Ch<<klflQ
-y,.-WIIIl1or
Of your tu Of
I<<1\J'1 your I,fUnd,
Do you want $3 10 go 10 lhla lund? .
If a oint leturn, doas our s auae wont 53 to a to this fund? ,
Ingla
M."lod IIIlng jolnl rolum (even II only ono had Incomel
Mamed fItlng separale relum. Enter spoule'slOCial sdCunty no. above and lull name here. ...
Hoad 01 houaohold (with qualllylng po,aon). (Soe pego 10.) litho qualllylng poraon 10 0 chUd but not your dopondont.
enter this child', name hell. ....
Quail in widower with de endent child ear a aUla died'" 19 , See a a 10,
Yoursen. If your parent (or someone else) can claim you as a dependent on his or her tax}
retum. do not check bale 6a. . . . . . . . . . . . . . . .
8 OU... , . . . . . . . . . . . . , . . . . . . . . . .
o D.pend.nta: (2) D.p.ndlnl's I .plnd.nt'1 (4), o. ~ montlll
loclllllcunly number rellttonSlllp to livid In your
t1) fi'lt I\Im. Lasl n.m. .,: 0 hom~
.J.
Chock only
one box.
5
50
NO. .f.OIIl
.........
II II" II
Nt.al,ou,
ulldr.. 01110
wtIo: .;t
. '''''' "n" ,ou _
. "hI..t "" Wn"
,a."utlo dI""a
If' ",Iflllon
1..0 p.paU)
DI,.nd.nll011 k
mll.nt.nll "0" _
Attdnumblrl
.nl.f1d on
IInll ,'ov, .
Exomptlons
2
b
If mOle than six
dependents,
aee pago 10.
..
m
d
7
50
b
g
10
11
12
13
14
150
leo
17
18
Ig
:Ww
21
Total number of exem lions claImed
Wagoa. aalarlea. IIpe, elc. Atlach Fonnla) W.2 .
T...ble Intarosl. Atloch Schedulo B II required
rlx-exempt interest. 00 NOT Include on Une 8a .
Dividends. Attach Schedule B II required .
Taxable refunds. credits. or oHsets of state and local Income talCes (see page 12)
Alimony received .....
Business Income or (loss). Attach Schedule C or C.EZ
Capllal gain or (lOll). AIIoch Schodule 0
Othor gains or (Iosaes). Attach Fonn 4797. . . . . . . . . . . . . .
TolallRA dlatributlons . lJ!!J L.J b Taxable amount I.... pago 131
TOllil penslOl1S and annultles lJ!!J L.J b Taxable amount /588 page 13)
Rental real estale. royalties. par1nershlps, S corporations, trusls, etc. Attach Schedule E
Farm income or (loss). Anach Schedule F
Unemployment compensation . . . .. ....
Soclalsocurity benallls . l:w. I I b Taxablo amount I'" pogo 141
Other income, List type and amount-see page 15....................................
Income
,
II
10
11
12
13 ',,2
14
15b
15b
17
18
,g
:Wb
':.'J
eb
Atl.oh
Copy B of you,
Fannl W.2,
W'2G, ond
10l1ll.R he...
II you did not
got a W'2.
aeo page 12.
Enclose but do
not attach any
payment. Also.
please use
Form 1040-Y.
22 Add the amounls in the far ri hi column for lines 7 throu h 21. This Is
23 IRA deduction (aeo pago 16) . 23
24 Medical savIngs account deduction. Attach FOlm 8853 24
25 Moving expenses. Attach Form 3903 or 3903.F . 25
28 One. hal' 0' selr-employmentlax, AlIach Schedule BE 28
27 Self. employed health insurance deduction (SBe page 171 27
2e Koogh and sell-employed SEP and SIMPLE plans 2e
29 Penalty on early Wllhdrawal of sa\llngs ~
301 Ahmony polld b RecipIent's SSN ... 30a
31 Add IInoa 23 lhrough 30a .
32 Subtrnclline 31 from line 22. ThIs IS our ad uated ran Income
For Prlucy Act and Plp.rwork Reduction Act Notice, ,.. pig. 38,
our lotlllncome ..
Adjusted
Gross
Income
If line 32 .s under
$29.290 lundar
$9.770 "a ch,ld
did nolllve WIth
you}, see EIC Insl.
Of" page 21.
o
n'1
'o,m 1040 (1997)
~
Cal. No. 113208
Fom. 1040 (1991)'
Tax
Compu-
tation
If you wanl
Iho IRS 10
figure your
laK, see
pogo 18.
Credits
Other
Taxes
Payments
Anoch
Forms W.2.
W-2G. ond
1099.R on
the front.
Retund
Have it
~~~~Ytedl .. b
Soo page 27
and fill In 62b," d
82c. and 62d. 63
Amount B4
You Owe
Sign
Here
Keep a copy
of Ihis return
lor your
records,
Paid
Prepare,'s
Use Only
33
34.
Amount from hne 32 (adjusted gross inCOl11d) . . , . . . . , .
ChdCk II; 0 You were 65 or older, 0 Blind: 0 8pouI' was 65 or older,
Add the number 01 bOlcer. checked abo\le and enlor lhe lolal hero .
OSlind.
~ 34.
p..,.2
J
~
46
46
47
48
49
150
61
62
B3
35
b If you are married rding separately and your spouse Itemizes dedloclions or
you were II dual-stalus aUen, see page 16 and check here .
j It.mll.d d.ducllona Irom Schedule A, line 28, OR
Enter Standard d.ductlon shown below for your Wing status. But seB
Ihe page 18 if you checked any bOK on Une 34a or 34b or someone
laruer can claim you as 8 dependent.
~~ur; I Single-S4,150 . Married filing Jointly or Qualifying wldowter)-S6,900
. Head 01 household-$6,050 . Marriod 1<llng seperalely-$3,450
Sub!ract line 35 from line 33 ,
IIlino 33 Is $90.900 or less, mulllply $2,650 by Iho lolal number 01 o.ompllons claimed on
flne 6d. If line 33 is over $90,900, see the worksheet on page 19 for the amount to enler .
Taxable Income. Subtract flne 37 from line 36. If flne 37 is more than line 36, enter .0-
T... Soo a e 19. Check II an 10. from 0 0 Form s 8614 b 0 Form 4972 ..
Credit for child and dependent eBle eltpenses. Attach Form 2441 40
Credit lor Iho eldorly or the dlsebled. Alloch Schodule R . 41
Adoplion Cled~. Anoch Form 8839 . 42
Foreign tex credit. Alloch Form 1116 .. . 43
Olher. Check II from e 0 Form 3800 b 0 Form 8396
00 Form 6801 d 0 Form (specify)
Add line. 40 Ihrough 44 .
Bublroclllne 4S Irom line 39. II line 45 I. moro than IIno 39. onlor -D. .
Soli-employment tax. Allach Schodule SE .
AJlernelivo minimum lax. Allach Form 6251
Seclol securlly and Medicare lax on lip Income nol reported 10 employor. Allach Form 4137
Tax on quellllod rellremenl plans (Including IRAs) end MSAs. Alloch Form 5329 II required
Advance eamed Income credil payments tram Form(s) W.2. .
liousshold employmentlaxos. Alloch Schedule H. .
Add lines 46 Ihrou h 52. This Is oor lolella..
Fedorollncomo 10. wllhheld Irom Forms W-2 ond 1099
1997 estimated lax payments and amount applied from 1996 retum .
EBmld IneomB credit AlIach Schedule EIC " 100 have. qual'fyong
child b Nontaxable earned income: amounl .. I I I
ond type ~ ..................................................
Amounl paid wilh Form 4888 (requesl for BKtenslon) .
E.cess social security and RRTA 10' wllhheld ,seo page 27)
O1her paymenls. Check il from . 0 Form 2439 b 0 Form 4136
Add lines 54. 55. 560. 57, 56. end 59. Those are oor 101.' 0 menl.
Account number
Ameunl 01 h", 61 ou wanl APPLIED TO YOUR 1111 ESTIMAtED TAX ~ B3
IIlino 53 Is morolhnn hne 60, sublracllino 60 110m line 53. This Is Iho AMOUNT YOU OWE.
For delails on how to pay, see page 27 , . ..
85 Estimated laK onall. Also Include on line 64 , 65
Under penalUII of perjUry. I declare thlll haVt e.amlned thIS "Ium and accompanymg Ichedulllllnd Ilal.m.nll. and 10 Ihe tall of my knowt~g' Ind
bellef. theV ",true. correct. and complel'. Declaration 01 preparllr (other than taxpayer) II based 01\ aUlnlormallon 0' whICh p"par,r has any knowledge.
Your Signature Dale
~ So.."." "~,,.1l",. II """'" """'''. BOlli m"" "",, 001'.
~ 34b 0
3B
37
3B
39
40
41
42
43
44
44
45
46
47
46
49
150
61
62
53
B4
55
156.
57
156
59
150
61
62.
.~
"line 60 Is more lhan line 53. subtraclline 53 from line 60. This is the amount you OVERPAID
Amount 01 line 61 you wanl REFUNDED TO YOU. . ~
Roullng number IT[I]]=r:IIJ . 0 Typo: 0 Chocking 0 Savjngs
Prapuftll's ~
SU)n.1tufd'
Firm'" n.1nle (or yOIllS ~
.1 ~elhtmploVltlll .1ml
AdctroS!
u.UlI
ChtlclC II
:tell'lJmpto.,ud 0
~
.\- \.'
Prepare,.s soclill security no.
E'N
liP code
SCHEDULES A&B
(Form 1 (40)
[)eoattrnerItoflt\e T.....uurl :a
1111.,,,,, ~tnIA s.r,.c.;"'1 ... Attach to Form 1040. ... lee In.weIJon. far Schedul.. A Ind B Form 1040).
Name/I) ahown on Form 1 o~. ..
\.s,. (~ "<( ,7 _~ d
Medical Caution: Do no/Include e.ponles reimbursed OlfJB1d by oth.rs.
and 1 Medical end dental uxpenaes (see page A-I). . . .
Denial 2 Enler amount trom Form 1040. line 33. 2
Expensos 3 Multiply line 2 above by 7.5% (.075). . . . . " 3
4 Subtrectllne 3 from line 1. If line 3 Is more then line 1 enter -0.
II Slete and local Income taxes . . 5
II Real estste taxes (see page A-2). . . . . . " II
7 Personal property taxes. . . . . . . . . " 7
8 Other taxes. List type end emount . ....................
Taxas You
Paid
(Se.
pege A-2.'
II
Interest 10
You Paid 11
(See
psg. A-2.)
Noee:
PelSonel 12
Interest Is
not
deducllbl.. 13
14
GlfIa to 15
Charity
It you msd. . 18
gin and got s
benefit for It. 17
eee peg. A.3. 18
Calually and
Then LOIIeI 111
Job Expenlll 20
and MOil
Olher
Mllcellaneoul
Deducllonl
(See
pege A.S for
expenses to
deduct here.)
23
24
25
28
Other 27
Mllcellaneous
Deducllonl
Total
Itemized
Deductlona
Schedule A-Itemized Deductions
(Schedule B Is on back)
....................... ........................................
Add lines 5 throu h 8. . .. .......
Home mongage Inlerest and poinls rsponed 10 you on Form 1098
Home mongege interest not ,eponed 10 you on Fonn 1098.11 paid
10 the penon I,om whom you beughl the home, see pogs A.3
and show Ihat po~n's name, Identifying no., and edd,ess .
................................................................
................................................................
................................................................
11
Points not reported to you on Form 1098. See page A-3
for speclel rules. . . . . . . . . . . . " 12
Investment Interest. Attech Form 4952 If required. (See
page A-3.) . . . . . . . . . . . . . .. 13
Add lines 10 throu h 13. . . . . . . . . . .
Gifts by cash or check. It you made any gift of $250 or
more, eee page A.3 . . . . . . . . . . . .
Other than by cash or check. /I any gift of $250 or more,
see pege A-3. You MUST attech Form 8283 II over $500
Carryover from prior yeer . . . . . . . . . .
Add Unes 15 throu h 17. . . . . . . . . . .
Casualty or theft loss(es). Attech Form 4884. (See pa e A-4.)
Unrelmbursed employee expenses-job travel, union
dues, Job education, etc. You MUST attach Form 2108
or 2106-EZ If required. (See page A-4.). ...............
................................................................
21
22
................................................................
Tax preparation fees . . . . . . . . . . . .
Other expenses-investment, safe deposit box. etc. Ust
type and emount..........................................
................................................................
Add lines 20 through 22. . . . . . . . . . .
Enter amounll,om form 1040. line 33. 24
MulUply IIna 24 above by 2% (.02) . . . . . .. 25
Sublract line 25 from line 23. If line 25 Is more than line 23. enter -0-
Other-lrom Ust on page A-5. List type and amount. ..............................
...............................................................................................
28
Is Form 1040, line 33, over $121.200 (over $60.600 if married fiUng separately)?
NO. Yo. ur deduction Is nolllmiled. Add Ihe amounls in the lar right column }
for lines 4 th,ough 27. Aiso, enter on Form 1040, line 35. Ihe '.rg.r of .
thiS amount or your standard ded,'ction. .
YES. Your deduction may be limited. See paga A.5 for the amount to enler.
For Peperwork ReductIon Act Nollce. ..e Form UMO In.truellon..
C.1. No. 11330)(
OMU No_ 1'45.0014
~@97
AnlChment .
Soouenee No 07
Your lOCI.. MCurtty number
': 6
Schedul. A (Form 1040) 11197
"
Schedule B-Interest and Dividend Income
Scf1ldultl A&8 (Form 104011Q91
Namt(tllhOwn on Fonn '040. 00 nol enlet naml and IOCIII .ecunty nymb., Ilanown on 01"" lid.
OMS No. 1&45.007.. P'O- 2
Your IOCIII ..curtty numb.'
I
6 Add the amounts on line 5 . . . . . . . . .. ...... 6
7 Cepltel geln distributions. Enter here end on Schedule 0 ~
6 Nontaxable dlstnbutions. (See the Inst. for Form 1040, line 9.) ~
9Addllnes7en08.........,... ......9
10 Subtract line 9 from line 8. Enter the result here and on Form 1040, line 9 . ~ 10 l/
You must complete this part il you Ie) had over $400 of Interest or dividends: (b) had a foreign account; or
(c) received e distribution from, or were a 9rantor of, or e transferor to, a foreign trust.
11 a At any time during 1997, did you have an Interest In or a sl9nature or other authority over a financial
account in a foreign country, such es a benk eccount, securities account, or other financial
account? See page B.2 for exceptions and Wing requirements lor Form TO F 90-22.1 . . . .
b If "Yes," enter the name of the foreign country ~ .......................................................
12 During 1997, did you receive a distribution from, or wera you the grantor of, or transferor to, a
foreign trust? If "Yes," you may have 10 file Form 3520 or 928. See a e B-2 .
For Paperwork Reduction Act Notlc., lee Form 1040 Instruction..
Part I
Interest
Income
(See peges 12
and B.l.)
Note: II you
received I Form
1099.INT, Form
1099.010, or
substitute
Slalemenllrom
'. brokerage firm,
Ustlhe firm's
name 81 the
payer and enter
the 10lellnlerest
shown on that
form.
Part II
Dividend
Income
(See pegas 12
end B-1.)
Nole: If you
received B Form
1099.0IVor
substitute
statement Irom
a brokerage
firm, hsl the
firm's name as
the paver and
enter the tOlal
dividends
shown on that
form.
Part III
Foreign
Accounta
and
Trusts
ISse
pago B.2.)
Attachmlnt
Sequence No. 08
Nole: /I au hed over $400 In taxable InteIBst income. au musf also com lefe Part 111.
1 List neme of payer. If any Interest Is from a seller. financed mortgage and the
buyer ussd the property es a personal resldencs, see pege 8-1 and list thla
Interest first. Also, show thaI buysr's social security number a.nd addrees ~.
................................................... .t\tmt>>~~J....f.-. \'!!~:~.lj,M-'h
...............................................................E5.!:...c...l.\...............
Amount
o~
.'
............................................................................................
............................................................................................
............................................................................................
............................................................................................
1
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
2
2 Add Ihs amounts on line 1 . . . . , . . . . . . . . . . . , ,
3 Excludeble Interest on ssrles EE U.S. sevlngs bonds Issued after 1989 from Form
8815, line 14. You MUST attach Form 881510 Form 1040 . . . . , ., 3
4 Subtrect line 3 from line 2. Enter the result here end on Form 1040 line 8a ~ 4
Note: II ou had over $400 in roBS dividends end/or of her distributions on srock, u musf elso com l.fe Part III.
Amount
5 Ust name of payer. Include gross dividends and/or other distributions on stock
here. Any cepllal gain distributions and nontaxebls dletributlons will be deducted
on lines 7 and B ~ ...........................................1'.........................
..................................................\...~:'J\-...I.J,.~~eM................
. ............................ ........... ........... .........~.................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
5
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
............................................................................................
07
Schedule B (Form 104011997
OMB No 1~4S.00"
SCHEDULE D
(Form 10401
Capital Gains and Losses
~ AtIe.h to Form H)40, ~ 8M Inllnlotlonl lor Schldule D (Form 10401.
~ UII Schedule 0.1 lor more 1 o.eto lI.tt..nllotlonl lor IInll 1 end e.
~@97
Ahlr.nmenl
Stql.lencI No. 12
Your IOclll MCurtlW' number
~ "\.: ,..,
..". L. , , ~
o.o.rvn.,,' 01 the rrM""Y
Inl~" R..,."u' IerIlCI tSI
Name(l) lhoYfn on FOfm 10" )
~ J. J'I'/A., L l( -,<C-.
I Gains and Loe.ea-A.sets Held One Year or Leas
(b) 0111 (0) O.t, told (d) SaI.. prlCI (.1 COil or In GAIN or (LOlli
ICqUlfld 3 other bUll 'OR INTI"_ YIAR.
(Mo., d.". (Mo., day. Vr.) (H' page D. ) ....0... Sublract . 'rom d)
(I) Ollcnptlon of property
IE..mplt; 100 th. XYZ Co.1
1
2 Enter your short-term totals, If any, Irt./m
Schedule 0-l,lIne 2. . . . . ., 2
3 Total ehort-tarm ..lee price emounta.
Add column (d) of lines 1 and 2 . ., 3
4 Short-term gain from Forms 2119 and 6252, snd ehort-term gsln or (loss)
from Forms 4684, 6781, and 8624 . . . . . . . . . , . . .. 4
5 Net short-tsrm gain or Ooss) from partnerships, S corporations, estetes, and
truats from Schedule(s) K-1 . . . . . . . . . . . . . . .. 5
8 Short-term capllallosa carryover. Enter the smount, If any, from line 9 of your
1996 Capital Loss Carryover Worksheet . . . . , . , . . . .. 8
7 Net short.term capital gain or (lOll). Combine linea 1 through 6 In
column . . . . . . . . . . . . . . . . . . . . . . ~ 7
Lon . Term Ca ltal Galna and Lossea-Asseta Held More Than One Year
101 ee..ripllon 01 property lb) 0"1 Idl Sol.. priel II) Co.l or 1ft OAIN or ILOSSI
acquired other bull FOR ENTIA!! YEAR.
(Example: 100 th. 'I:fl Co.) Mo.. dl. r. (He plge O.~) .... 0.4) Subtr~t e) from d
"'c.c: (;
....- "
J,:lnt:i 6
575"1 Lf (.'!;.! "! C'
9 Enter your long-term totals, If any, from
Schedule D-l, line 9. . . . . ., 9
10 Total long-term sales price amounts,
Add column (d) of lines 8 and 9 . .. 10
11 Gain from Form 4797, Part I; long-term gain from Forms 2119, 2439, and
6252; and long-term gain or (loss) from Forms 4684, 6781, and 8824 11
12 Net long-term gain or (loss) flom partnerships, S corporations, estates, and
trusts from Schedule(s) K-l . 12
13 Capital gain distributions 13
14 Long-term capital loss carryover. Enter in both columns (f) and (g) the amount,
If any. Irom line 14 01 your 1996 Capital Loss Carryover Worksheet
15
18
Combine lines 6 through 14 In column (g). . . . . . . . .
Net lang.term capltsl gain or (1088). Combine lines 8 throu9h '4 in ,,\ /"l'\ 1
column . . . . . . . . . . . . . . . . . . . . . . ~ 16 PC>' oJ dr:
.28.... Rste Gsln or Loes Includes ell gains and losses In Part II, column In from sales, exchanges, or conversions (including
inetallment payments received) either: e aelo", Mey 7, 1997, or
e Alter July 26, 1997, lor asselS held more than 1 veer but nol more than 18 months.
It also includes ALL .collectlbles gelns and lossee' (as denned on page 0-4).
For Plperwork Reduction Act Notice, HI Form 1040 In.truetlon..
Schedule 0 (Form t04011991
IilI!IIIII Summary of Parte I and II
17 Combine lines 7 and 16. II elole, go to line 16. II 0 gain, enter the gain on Form 1040, line 13
Next: Complete Form 1040 throuoh line 36. Then, go to Pert IV to Ilgure your tax If:
e Both lines 16 and 17 are galna, end
e Form 1040, line 36, la more then zero.
18 If line 17la a 1088, enter here and 88 a (Ioaa) on Form 1040, Iina 13, tha emeller 01 theae loaall:
e The /011 on line 17; or
e ($3,000) or, If married flling aeparately, ($ 1,500). . . . . . . . . . . . . . .
Next: Complete Form 1040 through line 36. Then, complete Ihe Capite I Lou CerTYover
Workeheet on page D.4 If:
. The lOll on line 17 exceeda the 10ls on line 16, or
e Form 1040, line 36, la a 1088.
IilIIIIl!J Tax Computation Ullng Maximum Capital Galnl Rat..
18 Enter your taxable Income 'rom Form 1040, line 36 . . . , . .
20 Enter the emeller 0' line 16 or line 17. . . , , . . . . . .
21 II you are flling Form 4952, enter tha amount 'rom Form 4952, line 4e
22 Subtract line 21 lrom line 20. II zero or lell, enter -0- . . .
23 Combine !Inea 7 and 15. II zero or lese, enter -0-, , . . , ,
24 Enter the emeller 01 line 15 or line 23, but not Ieee than zero. .
28 Enter your unreceptured aectlon 1250 gain, II any (ese page 0-4)
26 Add linea 24 and 25. . . . . . . . . . . .
27 Subtract line 26 lrom line 22. II zero or lese, anter -0- . . . ,
26 Subtract line 27 lrom Iina 19. II zero or lese, enter -0- . . . .
29 Enter the emeller 01 line 19 or $41,200 ($24,650 II alngle; $20,600 If married flllng separately;
$33,050 If hesd 01 houlehold) . . . . . . . .
30 Enter the Imeller 01 line 26 or line 29 . . . . . .
31 Subtract line 22 from line 19. II zero or lell, enter -0-
32 Enter the leraer 01 line 30 or line 31 . . . . . .
33 Figure the tax on the amount on line 32. Ule the Tax Table or Tax Rete Schedules, whichever
applies . . . . . . . . . ~
34 Enter the amountlrom line 29 . . . . . . . .
35 Enter the emount lrom line 26 . . . . . . . .
36 Subtract line 35 Irom line 34. II zero or leiS, enter -0-
20
21
22
23
24
28
26
o
co
()
t:>
37 Mulliply line 36 by 10% (.10) . .~ 37
36 Enter the emaller olllna 19 or line 27 . 36
39 Enter the amountlrom line 36 39
40 Subtract line 39 Irom line 36. II zero or less, enter -0- 40
41 Multiply line 40 by 20% (.20) . .~ 41
42 Enter the amaller 01 line 22 or line 25 . 42
43 Add lines 22 and 32. 43
44 Enter the emount lrom line 19 44
45 Subtract line 44 lrom line 43. If zero or leiS, enter -0- 45
48 Subtract line 45 'rom line 42. If zero or less, enter -0- 48
47 Multiply line 46 by 25% (.25) . .~ 47
48 Enter the amount 'rom line 19 48
40 Add lines 32, 36, 40, and 46 . 49
50 Subtract line 49 from line 46 . 50
51 Multiply line 50 by 26% (.26) . . ~ 51
52 Add lines 33, 37, 41, 47, and 51. . . . . 52
53 FI9ure the tax on the emount on line 19. Ule the Tax Teble or Tax Rete Schedules, whichever applies 53
54 Tex. Enter the ameller 01 line 52 or line 53 here end on Form 1040. line 39 . . . . . . ~ 54
Pill" 2
S7)
27
28
{)
29
30
31
32
33
34
35
36
'+ 00 :
-(; l.1
o
SUBJECT' '997 fEDERAL TA~ABlE WAGES
TO: GEORGE V HRUSKO vR
20e HIGH STREET
SUMMEROALE PA 17093
OB1-3-109-6000-' 06000
210-40-4307 "2990 1262BB
The amount of Federal TaKabl. Wag.. ,hown In Block t of the attached W2 statement for most emp'oy.1 may
dtffer from the amount of Grall Earntngs you receIved durtng the calendar year. Any dtfference II a
re.ult of one or more 0' the adJustmlnt. Gxplalned and calculatod below:
If yOU have ftMy ou.stions. ol.ase contact your Personnel Off tee.
. . . . . . . . . CALCULATION SUMMARY. . . . . . . . .
GROSS EARNINGS
PLUS:
. TAXABLE BENEFIT STATE VEHICLE. For those employ.. who were permanently assigned
state vehicl.. and park the vehtcle. overnight at their re.lde"ce
Se. IRS Code Sections 61 and '32. . . . . . . . . . . . . .
48,611.10
647.40
MINUS:
. RETIREMENT PICKUP CONTRI9UTIONS (tlan Heart & Lung, ar Act 632/534 Earnings)
EOUALS:
FEDERAL TAXABLE WAGES
. . . . . . .
2.377.54
46,880.96
.
SEE BACK FOR AOOITIONAL INFORMATION
.
.
.
imploy.,', Id.nufic.llon Numb.r
23-2172288
Wig... t pa, ot .r GomlNn'" on
48.880.88
2 Fed,rel Income t.. withheld
8,487.08
imploy.r', nlm., .ddr.... Ind ZIP cadi
COMMONWEALTH OF PENNSYLVANIA
EXECUTIVE OFFICES
HARRIS8URG PA 17120
3 Socill ncurilY wig"
48,289.80
.. Soclll IIcurlty 11K withheld
3,084.07
, M.dic"l wig" Ind liP'
48,28B.80
II Mldic," ,.. wIlhheld
714.28
imployu', SOCIII S.curl1y Numb.r
210-40-4307
. Adyanc. Ele Plvmll'll
10 Clplndlnt tire bln.Un
impI01U'. n.m. IIlnt, mlddl., 1..11
GEORGE V HRUSKa vR
11 Nonqu.lIli.d plln'
12 B,n,II" Includ.d In DOllll
847.40
............................"..................................,......................,.".,......,..........."".."..............,...
13 S.. In"n. lor BOll 13
t5 O.c....d P.n,lon
PII"
OIII"ld
Comp,n"lion
D
208 HIGH STREET
SUNMERDALE
PA 17083
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o Stll', lmploy.r', 'UII 10 No.
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KAREN L. HRUSKO,
Plaintiff
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
GEORGE J. HRUSKO, JR.,
Defendant
NO. 96-6035
IN DIVORCE
CIVIL TERM
>>1 ~ ORDER
AND NOW thi~day of January 1998, upon the agreement of the parties as expressed by
their counsel, we hereby continue generally the hearing which was scheduled for January 27, 1998. The
hearing will be rescheduled upon the request of either party.
The other provisions of our Order of January 13, 1998, shall remain in effect until modified by
further Order. It is the understanding of the Court that the parties have reached an agreement and are in the
process of preparing a Stipulation selling forth the terms of that agreement.
BY THE COURT.
J.
co. .
,",
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t. ~\ r '
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OOLDBBRO, KATZMAN a: SHIPMAN, p.e.
Peul J. I!Ipoalto . 125454
AttorD.Y. for Oor'Ddanl
320 M...k.l Str"l
POll om.. Do. 1268
Harrllbur8, P'OJIIylvanJa 17101-1261
(717) 234-4161
KAREN L. HRUSKO,
Plaintiff
IN THB COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96-6035 CIVIL TERM
v.
GEORGE L. HRUSKO, JR.,
Defendant
CIVIL ACflON - LAW
IN DIVORCE
CERTIFICATION OF COMPLETION OF COUNSELING
This is to certify thai the parties 10 the above-referenced divorce aclion have
atlended three counselling sessions in accordance with this Court's Order of December 11, 1996,
thereby fulfilling the Court's directive.
GOLDBERG, KATZMAN & SHIPMAN, P.C.
:)
By Ii
PAUL J SITO, ESQUIRE
320E Market Slreel
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court ID #25454
Atlorneys for Defendant
. ,
,
I
I
,
I
,
,
I
. .
. .
CERTIFICATE OF SERVICE
On this 131h day of February, 1997, I certify that a copy of Ihe foregoing
CERTIFICATION OF COMPLETION OF COUNSELLING was served upon Ihe following
counsel of record for Plaintiff by placing !he same in !he Uniled States mail, first class, postage
prepaid, addressed as follows:
Samuel L. Andes, Esquire
.52.5 North Twelf!h Street
P. O. Box 168
Lemoyne, PA 17043
GOLDBERG, KATZMAN & SHIPMAN, P.C.
By
P UL. OSITO, ESQUIRE
320E Market Street
Post Office Box 1268
Harrisburg, PA 17108-1268
Supreme Court ID #2.54.54
Attorneys for Defendant
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KAREN L. HRUSKO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND/DAUPHIN
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
) NO. 96-6035 CIVIL TERM
GEORGE J. HRUSKO, JR., )
Defendant ) IN DIVORCE
PLAINTIFF'S PRE-TRIAL STATEMENT
Plaintiff, Karen L. Hrusko, by her attorney, Samuel L. Andes, flies this Pre-
Trial Statement In accordance with Pa, R.C.P. 1920.33(b):
1. ASSETS. Attached hereto and marked as Exhibits A and B are schedules of
the marital and non-marital assets of the parties, as known to Plaintiff.
2. EXPERT WITNESSES. Plaintiff anticipates It will be necessary to call
expert witnesses to establish the value of various marital assets. At this point, she
anticipates calling the following experts:
A.) A real estate appraiser to establish the present value of the
marital residence and also to establish the Increase In value during the
marriage of Wife's pre-marital real estate.
B.) An actuary or other qualified pension appraiser to establish
the value of Husband's SERS pension benefits and to establish the value
of the marital portion of Wife's Blue Shield pension,
C.) A personal property appraiser to establish the value of the
tangible personal property, Including motor vehicles, If the parties
cannot agree upon the value or disposition of those Items.
3. FACT WITNESSES, Plaintiff anticipates calling herself In her case In chief
and perhaps calling the Defendant as-on-cros!; examination, She may have to call
members of her family to confirm the assets she received by Inheritance or gift, but
she anticipates being able to prove those Items by exhibits. She reserves the right,
of course, to call such additional witnesses as may be necessary to respond to any
evidence submitted by Defendant.
4. EXHIBITS. Plaintiff's exhibits will consist of past tax returns, W-2
Statements, and current paycheck stubs for both parties to establish their Income,
statements and similar documents to confirm the balance In various marital
accounts and the other assets listed on Exhibits A and B, Deeds, mortgage
statements, and the like to establish the value and equity of the parties In the real
estate they own, and documents to confirm the gifts and Inheritances Wife received
during the marriage.
S, INCOME STATEMENT. Plaintiff Is currently not employed. During the
marriage and during most of the separation, Wife was employed on a part time
basis by the United States Postal Service at a job for which she earned
approximately $11,000.00 a year, prior to tax. Her net Income from that
employment was approximately $850.00 per month, Plaintiff will provide a current
Income statement prior to the hearing,
6. EXPENSE STATEMENT. The parties two minor children, Brianna L.
Hrusko, age 12, and Alexander J. Hrusko, age 9, reside with Plaintiff and she
supports them with some voluntary contribution from Defendant, Plaintiff will
provide a current expense statement prior to the hearing,
7. PENSION INFORMATION, Plaintiff was a participant In the Blue Shield
pension plan while employed there, A part of that employment occurred during the
marriage and, therefore, a portion of her pension benefits are marital property.
Husband Is employed by the Commonwealth of Pennsylvania and has a
substantial pension benefit which has accrued there, Plaintiff anticipates It will be
II necessary for an actuary to establish the value of the marital portion of each of
I those pension benefits, If the parties cannot agree upon those values, even after
I the actuary's report, It will be necessary to call the actuary to testify at the hearing.
'I
8. COUNSEL FEES. Plaintiff has engaged Samuel L Andes as her attorney
and has agreed to pay his hourly rate, His fees up to this time are approximately
$3,000.00 and he expects his fees, If this matter requires a full hearing, will exceed
$6,000.00. Plaintiff will supply a detailed statement of her attorney's fees at the
time of the hearing.
9. PERSONAL PROPERTY. Plaintiff believes that the parties have already
divided their household goods, vehicles, and other tangible personal property. If
they are not able to agree upon that position, she proposes to have all of the Items
appraised and each party charged with the value of the Items they each retain.
10, MARITAL DEBTS, The only marital debts known to Plaintiff are tho5e
listed In Exhibits A and B whlth are attached hereto.
11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. Plaintiff proposes
that she be awarded 65% of the marital property, because of the disparity In the
parties' earnings, the fact that Plaintiff Is primarily responsible for raising the
children, and because much of the marital property the parties own was acquired as
a result of Plaintiff's Inheritance. She proposes that Husband retain his pension and
I that she receive the other marital assets necessary to give her 65% of the marital
property after HusbanJ retains that pension. Plaintiff further proposes that she
receive alimony In the amount of $1,000,00 per month for an Indefinite term and
that Defendant pay her attorneys fees.
I
I
I
~-~
Samuel L. Andes
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
I
eXHIBIT A - MARITAL PROPERTY
DATE OF MARITAL
ASSET VALUE VALUATION PORTION
Residence at 208 High Street, East $150,000.00 1/99 100%
Pennsboro Township (est'd)
Increase In value of Wife's pre Unknown at this 5/97 100%
marital real estate at 626 North date (date of
Front Street In Wormleysburg separation)
Marital portion of Wife's benefits Unknown 5/97 100%
within Pennsylvania Blue Shield (date of
pension plan separation)
Husband's Interest In Unknown 1/99 100%
Commonwealth of Pennsylvania
pension
Husband's Interest In $70,403.51 3/97 100%
Commonwealth of Pennsylvania
deferred compensation plan
Husband's IRA with Legg Mason $30,452,88 2/96 100%
Joint Investment account with Legg $165,386.05 2/96 100%
Mason
Wife's IRA with Members First $29,741.16 12/95 100%
Federal Credit Union
John Hancock Mutual Fund $5,106.65 3/97 100%
Share account PSECU $1,266.00 4/97 100%
Checking account PSECU $1,251. 77 4/97 100%
Savings account at Members First $3,250,48 12/95 100%
Federal Credit Union
Investment savings account at $2,603,96 12/95 100%
Members First Federal Credit Union
Wife's 1996 Chrysler Town and $10,000,00 5/97 100%
Country Station wagon
Husband's 1988 Ford Ranger Pick Unknown 5/97 100%
up Truck
Household furnishings Unknown 5/97 100%
EXHIBIT B - NON-MARITAL PROPERTY
ASSET VALUE
Portion of Wife's real estate at Unknown
626 North Front Street In
Wormleysburg
Portion of Wife's pension with Unknown
Blue Shield earned prior to the
marriage
Note:
During the marriage Wife received an Inheritance of approximately $100,000.00
from her mother, all of which was Invested In marital assets, particularly the Legg
Mason joint Investment account. Although that Inheritance thereby became mar!tal
property, Wife contends that she Is entitled to have a substantial portion of that back
through the equitable distribution of the marital assets,
DATE OF REASON FOR EXCLUSION
VALUATION
5/97 Owned by Wife prior to
marriage
5/97 Wife's prp. marital
property
LAW oPPle.1I
GOI.DBERO, KATZMAN & SHIPMAN. p,c.
RONALD M. KATZMAN
PAUL J. I&POIITO
NEIL HIHDl:fllKOT
J. JAY COOPER
THOMAI E. 'RENNIR
Jotfl A. STATLER
A..RIL L. STRANO.KUTAY
our H. POOKI
JE"ERION J SHIPMAN
JIRMY J. RUSIO
MICHAEL J. CROCENZI
THOMA' J WIHR
ARNOLD .. KOOAN
ROYCE L. MORRII
';VAN .I, KLINI, III
J(HrlI DELOR~ZO
STIYEN I. ORUBI
JOHN ft. NIHOIK Y
OgO NARllaT 8TNaBT
8THAWnBRBY SQUARa
P,O. BOX 1UOO
"ANRI.nUBO. PBNN8YLVAHIA '7'00.IU68
TaLBL'1I0NBl (7171 uu".",o,
PAX: (717) YD".nROO
Dr COUNIU
ARTHUR L. OOlDHRO
F. Ltt ...MA"
JOSHUA D, LOCK
HAMRY I OOLOIERO
llSUIl.IIUIII
JlTTP:l/WWW.OIlIlLAW.COM
February 15,2000
CARLlILI O'''CI:
1717114D.0I5117
YORK O"'CI::
'7171 .43.7811
E, Robert Elicker, II, Esquire
Offlce of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
ReI Karen L. Hruska v. George }. Hruska, Jr.
No, 96.6035
Dear Mr. Elicker:
Enclosed Is a fully executed and dated copy of the Hrusko settlement
document as recited Into the record by Mr, Andes and acknowledged by both parties,
We look forward to an Order of Court vacating your appointment as Master In this
matter.
Thank you for your consideration.
PJFlvyc
Enclosure
Yours vel)' truly,
~tft:.1
cc: Samuel L. Andes, Esq.
George Hrusko
.
KAREN L. HRUSKO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
GEORGE J. HRUSKO, JR., ) NO. 96-6035 CIVIL TERM
Defendant ) IN DIVORCE
ORDER
/, Jf-< day of ,?Mtlttl,t 199 ~, upon consideration of
, a hearing is hereby scheduled before the undersigned to commence
'--I 17'-' (1 "-
at 3. '(}i) o'clock fm., on 0tt.Al&Jr' the <.';;7 day of I) 'I!-1/&1 ,199..Y
in Court Room No. -3 of the Cumberfand County Courthouse, Carlisle: Pennsylvania.
AND NOW this
the attached
Pending such hearing, the Defendant, George J, Hrusko, Jr., shall not liquidate, dispose of,
or make any withdrawals from any of the investment accounts held by the parties with Legg Mason
Wood Walker, Inc.
BY THE COURT,
J,
KAREN L. HRUSKO, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
GEORGE J. HRUSKO. JR., ) NO. 96-6035 CIVIL TERM
Defendant ) IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW comes the above-named Plaintiff, by her allomey, Samuel L. Andes, and
requests the Court for special relief, based upon the following:
I. The Petitioner herein is the Plaintiff, Karen L. Hrusko.
2, The Respondent herein is the Defendant, George J, Hrusko, Jr.
3. The parties have been married since May of 1983 and are the parents of two minor
children who reside in the primary custody of the Plainliff. The parties have been separated since
May of 1997.
4. The parties own various assets which must be appraised to detennine the value of the
marilal interests in Ihose assets. Such assels include:
A. A residence at 208 High Street in Summerdale, which is marilal property;
and
B, A residence at 626 North Front Street in Wonnleysburg, a portion of
which (representing an increase in value during Ihe marriage) is marital property; and
C. Husband's pension benefils with the Commonwealth of Pennsylvania's
State Employees Retirement System, which has not been appraised but which
Plaintiff believes to have a value in excess ofSSO,OOO.OO.
Plaintiff believes it is necessary to hire an appraiser and actuary to detennine the value of these
assets.
5. In addition to the above assets, the parties have other marital assets, which include:
A. Husband's account within Ihe Commonwealth of Pennsylvania's Defe1Ted
Compensation Program, which has a value substantially in excess ofS70,OOO.00; and
B. An investment account, held in the joint names of Plaintiff and Defendant
with Legg Mason Wood Walker Incorporaled, having a value in excess of
SI50,OOO.00; and
C. An individual relirement account in Defendant's name with Legg Mason
Wood Walker Incorporated having a value of S30,OOO.00 or more.
The parties own other bank accounls and other investment accounts which are marilal property, or
which are held by the parties for the benefit of their children. The above list is not meant to be
exhaustive but it lisls the significant investment accounts held by the parties.
6. The above accounls are controlled by Defendant who receives all statements and has all
communications with Legg Mason Wood Walker Incorporated and with the Commonwealth of
Pennsylvania regarding those accounts.
7. On two occasions since the marital difficulties arose between these parties, Defendant
has made substantial wilhdrawals from the joint investment account held with Legg Mason Wood
Walker Incorporated. The first of those occurred in late 1996 or early 1997, at which time
Defendant withdrew $25,000.00 from the account and approprialed that to his own use. The
second one occurred within the last thirty (30) days when the Defendant withdrew $20,000.00 from
the account and has proposed that those funds be divided equally between the parties. On each
occasion, Defendant made the withdrawals, and ordered the liquidation of assets within the
investment account to fund those withdrawals, without prior consultation with Plaintiff and withOut
Plaintiff's knowledge or consent.
8. Plaintiff believes that Defendant's life is insured by various policies of insurance, some
of which are provided to him as a result of his employment. In addition to life insurance,
Defendant is entitled to death benefits from his Commonwealth Retirement Plan and the
Commonwealth Deferred Compensation folan.
9. Plaintiff was named the beneficiary of the life insurance policies, the deferred
compensation plan, and the retirement plan held by Defendant prior to the separation of the parties.
Plaintiff believes that Defendant may changed the beneficiaries to designate someone other than
herself.
10. Defendant, by his conduct, has demonstrated an unwillingness to honor Plaintifrs rights
of ownership in and control over Ihe marilal assels and has approprialed to his own use marilal
II funds having substantial value, without regard to Plaintiff's rights.
I
I
I
,
I
II. Plaintiff is concerned that Defendanl will continue his conduct and will dissipate or
misappropriate other marital assets.
12, For this matter to proceed further, and for Plaintiff to prolect her rights in this litigation,
Plaintiff needs to have some of the marital assets appraised.
13. Because Defendant unilaterally controls all of the cash assets of the marriage, Plaintiff
is without funds necessary to relain appraisers or other experts necessary to valup. the marital
assels.
14. The cost of having the real estate and the pension benefits appraised will be
approximately $2,000.00.
WHEREFORE, Plaintiff prays this Court to grant her the following relief:
A. To order and direct both parties to withdraw the sum of$2,000.00 from the
joint investment account they hold with Legg Mason Wood Walker, Inc. and deposit
that sum with Plaintilrs attorney for the purpose of having the real eslate and
pension benefits appraised; and
B. Enjoin Defendant from any further withdrawal from or expenditure of his
benefits in the Commonweallh of Pennsylvania Deferred Compensation Plan, the
joint account with Legg Mason Wood Walker, Inc., the children's investment
accounts, and Defendant's individual retirement account with Legg Mason Wood
Walker, Inc. without Plainlilrs prior pennission or Order of this Court; and
.
C, Enjoin Defendant from unilaterally giving investment instructions and
making investment decisions with regard to the investments owned by the parties and
require Defendant to consult with and obtain the consent of Plaintiff prior to making
such investment decisions or prior to changing the investment holdings of the parties;
and
D, Order and direct the Defendant to maintain Plaintiff as the sole beneficiary
of any and all death benefits arising out of any insurance on his life, his
Commonwealth of Pennsylvania Retirement Plan Benefits, and the Commonweallh
of Pennsylvania Deferred Compensation Plan; and
E. Take such other action as the Court deems equitable or necessary to protect
the rights of the Plaintiff in this matter.
&~~
Attorney for Plaintiff
Supreme Court ID 17225
525 NOIth 12th Street
Lemoyne, P A 17043
(717) 761-5361
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vs.
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
KAREN L. HRUSKO,
Plaintiffs
GEORGE J, HRUSKO, JR.,
Defendant
NO. 96-6035
IN CUSTODY
AFFIDAVIT OF SERVICE BY CERTIFIED MAIL
AMY M. ROSELLI, being duly sworn according to law, deposes and says as
follows:
1. That she Is an employee of Samuel L. Andes, attorney for the Plaintiff
herein.
2. That on 23 November 1998, she delivered to the U.S. Postal Service In
Lemoyne, Pennsylvania, as certified mall (Receipt No. Z 026 535 269) return receipt
requested, addressed to the Defendant's attorney, Paul J. Esposito, Esquire herein, a
true and correct copy of the Notice.
3. Said return receipt card Is attached hereto a.i Exhibit A showing a date of
delivery to the Defendant's counsel of record on 25 November 1998.
(lJY\J~ "'-ft) .LQ~tQh
AMY M, RO LI
Sworn to and subscribed
before me this "Z 0 .t. day
of :L.v",-,,-tl..,( , 1999,
I 1m.. 1Ifl.',,/Ii'
, [.
Notary Public, ______
~~~R:il~i:-_-
My Comml~' CuriJt!:,l4ry PUblic
ExPIrll8 A~~~IS~J3&
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I eleo wIIh 10 receive the
lolIowlng ..Meal (for en
..tra 1M):
1. [J Addr_'.Addreu
2. [J RHtJ1cIed Delivery
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KAREN L. HRUSKO,
P1aintif f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96 - 6035 CIVIL
GEORGE J. HRUSKO, JR.,
Defendant
IN DIVORCE
ORDER OF COURT
day of
2000, the parties and counsel having entered into an
agreement and stipulation resolving the economic issues on
December 22, 1999, the date set for a Master's hearing,
the agreement and stipulation having been transcribed, and
subsequently signed by the parties and counsel, the
appointment of the Master is vacated, and counsel can
conclude the proceedings by the filing of a praecipe to
transmit the record with the affidavits of consent of the
parties so that a final decree in divorce can be entered.
ge . Hoff r, P.J.
U;pUoJ~
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(<,1-<3
cc:
Samuel L. Andes
Attorney for Plaintiff
Paul J. Esposito
Attorney for Defendant
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KAREN L. HRUSKO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 96 - 6035 CIVIL
GEORGE J. HRUSKO, JR.,
Defendant
IN DIVORCE
THE MASTER:
Today is Wednesday, December 22,
1999.
This is the date we set for a hearing to take
testimony on thp Issue regarding the date nf separation of
the parties and the factor of marital misconduct as that
factor may have affected wife's alimony claim.
Present are
the Plaintiff, Karen L. Hrusko, and her counsel Samuel L.
Andes, and the Defendant, George J. Hrusko, Jr., and his
counsel Paul J. Esposito.
This action was commenced by the filing of a
divorce complaint on November 4, 1996, raising grounds for
divorce of irretrievable breakdown of the marriage. An
affidavit under Section 3301(d) of the Domestic Relations
Code was filed on November 25, 1998, averring that the
parties separated November 1, 1996, a period in excess of
two years. If the parties do not ultimately file affidavits
of consent and waivers of notice of intention to request
entry of divorce decree to conclude the divorce under
Section 3301(c) of the Domestic Relations Code, the divorce
can be concluded under Section 3301(d) based on the averment
that the parties have been separated in excess of two years.
Irrespective of the different dates of separation the
parties think the separation occurred (the Master
understands they do not agree on the date of separation),
the parties have been separated for a period in excess of
two years.
The complaint raised the economic claims of
equitable distribution, alimony, alimony pendente lite, and
counsel fees and 3xpenses.
The parties were married on May 14, 1983.
They are the natural parents of two minor children.
After extensive negotiatlons this day, the
Master has been advised that the parties have reached an
agreement with respect to the outstanding economic claims
raised in the proceedings. The agreement is going to be
placed on the record in the presence of the parties. The
agreement as stated on the record will be considered the
substantive agreement of the partie5 not subject to any
changes or modifications except for correction of
typographical errors wh~ch may be made during the
transcription. After the agreement has been transcribed,
the parti~s and counsel can review the document for
typographical errors, make any corrections as necessary, and
then affix their signatures by way of affirmation of the
terms of the agreement that are stated on the record at this
time. The signing of the agreeme~t by the parties is
simply an affirmation of the terms of the agreement as
stated on the record at this time and to which the parties
are bound when they leave the hearing room.
After the agreement has been returned to the
Master's office by the parties and counsel, the Master will
prepare an order vacating his appointment and counsel will
then be able to file a praecipe transmitting the record to
the CourL requesting a final decree in divorce. ~Ir. Andes.
MR. ANDES: The parties have agreed to settle
the economic claims in this case on the following basis:
1. Husband's deferred compensation plan with the
Commonwealth of Pennsylvania, which is administered
by the Copeland Group, and which husband represents
has a value today of approximately $110,300.00, will
be transferred in its entirety to wife. The parties
will cooperate to obtain a plan approved Domestic
Relations Order to make such transfer or segregation
of those funds into a separate account for wife's
benefit and control in the future. The parties will
engage Harry M. Leister for purposes of preparing such
order and obtaining its approval, and they will share
equally the costs of Mr. Leister's services.
2. Husband has earned benefits during the marriage within
the Commonwealth of Pennsylvania State Employees
Retirement System and wife has received information
about those benefits. Wife hereby waives any claim to
or interest in those benefits and husband shall be the
sole and separate owner of those benefits hereafter.
3. Husband shall retain the 1997 Ford Explorer which is
currently registered in his name and wife shall retain
the 1996 Chrysler van currently registered in her
name and each party waives any claim to or interest
in those motor vehicles owned by the other.
4. The parties will divide the United States savings bonds
which are held in their joint names so that wife
receives 55% of the redemptive value of the bonds and
husband receives 45% of those. The parties will
meet at a mutually convenient time within the next
thirty (30) days at a bank, credit union, or
other institution to complete whatever documents
are necessary to divide or liquidate those bonds
and divide them in accordance with this paragraph.
5. Wife shall convey to husband, by a special warranty
deed, her interest in the former marital residence
at 208 High Street in Surnmerda1e, Cumberland County,
Pennsylvania. Husband shall be responsible to pre~are
the deed and wife shall promptly sign and acknowledge
and deliver s~ch deed upon receipt of the deed prepared
by husband's attorney.
6. Wife shall retain her premarital residence at 626 North
Front Street in Wormleysburg, Pennsylvania, free of any
claim by husband and husband shall sign, acknowledge,
and deliver a deed to wife, to be prepared by wife's
attorney to quitclaim any interest he has in that
property to wife.
7. Husband shall retain his individual retirement account
with Legg Mason, Wood and Walker free of any claim
by wife.
Wife shall retain her individual retirement account
with the Members 1st federal credit union free of any
claim by husband.
8. The parties shall transfer to wife the joint investment
account with John Hancock funds. They will make,
execute, acknowledge, and deliver all documents
necessary to transfer that fund within thirty (30) days
of the date of this agreement and wife shall be
responsible to obtain or prepare the documents
necessary to make that transfer.
9. The parties own a joint investment account with Legg
Mason, Wood and Walker which had a balance at the
end of September of approximately $186,000.00. The
parties will divide that account as follows:
Wife shall receive $155,736.00 from the account,
either in the form of cash or assets within the
account;
Husband shall receive $27,981.00 of the assets or
the funds in the account;
The balance remaining in the account shall be divided
so that wife receives 05% and husband receives 45%.
The parties will meet at the Legg Mason office
within the next twenty (20) days to divide the account
in accordance wit~ this pardgraph. Upon the final
division of the account, the account will be closed
and the parties will have no remaining joint accounts
with Legg Mason, Wood and Walker.
10. During the marriage the parties acqllired or funded
accounts for their two minor children with Legg Mason,
Wood and Walker and husband currently holds those
accounts as custodian for the children. The parties
agree that husband shall remain custodi~n of the
accounts but shall use and apply funds from the
accounts only for the benefit of the children. Husband
shall keep wife apprised and advised of any activities
within the accounts and shall preserve the accounts
until the children reach the age of 21 unless it is
necessary to withdraw or apply funds from the account
to pay for the college education of the children
prior to them attaining the age of 21.
11. The parties own a 1996 Jayco pop-up camper/trailer.
They will transfer title to that trailer to wife within
thirty (30) days of the date of this agreement and both
of them will make, execute, acknowledge and deliver
any documents necessary to complete that transfer. At
the time the title documents are delivered to wife,
wife will pay husband the sum of $1,500.00 for his
interest in that trailer.
12. The parties acknowledge that during the marriage wife
earned certain benefits within a pension plan with
her former employer, Pennsylvania Blue Shield.
Husband hereby waives and releases any claim to or
interest in those benefits and acknowledges them to
be the sole and separate property of wife free of any
claim by him hereafter.
13. During the marriage the parties acquired various
items of household furnishings and tangible personal
property which they previously divided to their
satisfaction. Each of the parties hereby waives any
claims to the items of tangible personal household
property now in the possession of the other and
confirms those assets to be the sole and separate
property of the party who now possess them.
14. Each of the parties hereby waives any claim against the
other for alimony, alimony pendente lite, spousal
support, counsel fees or expenses except any counsel
fees incurred in the enforcement, in the future, of the
terms and provisions of this agreement.
15. Except as herein otherwise provided, each party may
dispose of his or her property in any way and each
party hereby waives and relinquishes any and all rights
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,
statutory allowance, widow's allowance, right of
intestacy, right to take against the will of the other,
and right to act as administrator or executor in the
other's estate. Each will at the request of the other
execute, acknowledge, and deliver any and all
instruments which may be necessary or advisable to
carry into effect this mutual waiver and relinquishment
of all such interest, rights, and claims.
16. The parties still have two or more joint checking
accounts with credit unions and/or banks which
each of them have used separately since the date
of separation. To the extent that any of those
accounts remain in joint names, each of the parties
will sign off on the account used and held by the
other.
MR. ANDES: Ms. Hrusko, we have been here
since 9:00 this morning, which is a little over four hours,
we've negotiated with your husbal~. I have represented you
in this divorce case for a little over three years and
during that time we have assembled a lot of information and
we have made some decisions, and you've made some decisions
about how you want to settle this case.
I've had a chance to explain your rights to
you and I've tried to answer all of the questions you've
ralBlld, ilnd you were also here for the last ten minutes when
we dlctatud this and discus!ed this agreement, did you hear
what I dictated?
MS. HRUSKO: Yes.
MH. ANDES: Do you understand it?
MS. HRUSKO: I think.
MR. ANDES: Do you have any questions about
I.t that we need to resolve now?
MS. HRUSKO: No.
MR. ANDES: Are you willing to settle the
case on these terms, and that is, whatever that agreement
provides you get, is what you get and the rest of the claims
are waived. You can't come back in six months or six days
and r.311Y, wait a rninu te, I want alimony or I want George to
pay my attorney fees. What's in that agreement is what you
got and wo are done. Is that satisfactory with you?
MS. HRUSKO: That's satisfactory except for
ono or two 11 t tle personal items that are still at the house
but 0ther than that n
MR. ANDES: You mean, like, your high school
diploma or something?
MS. HRUSKO: Something like that, yeah. I
know I have some boxes up in the attic.
MR. ANDES: Well, let's go off the record and
get that resolved.
(A discussion was held off the record.)
MR. ANDES: There are two or three items that
you would like to have in the house that we just discussed
off the record, one of them is part of your daughter's bed,
the others are a couple of cardboard boxes that you think
may be in the attic that would have old things in them that
may be of interest to you and your husband said that he
would make those available t~ you as long as you did not
come to the house when he was not present to get them.
MS. HRUSKO: Okay.
MR. ANDES: With that understanding in place,
but not making it part of our formal agreement, are you
satisfied with the agreement?
MS. HRUSKO: Yes.
MR. ANDES: And are you satisfied to settle
the case on these terms?
MS. HRUSKO: Yes.
MR. ANDES: Do you have any questions about
it?
MS. HRUSKO: No.
MR. ESPOSITO: At the beginning of your
questions to Ms. Hrusko she indicated that she thought she
understood the agreement. I would rather that she indicate,
if in fact it's correct, that she does fully understand the
terms of the agreement.
MS. HRUSKO: I'm pretcy sure -- I mean I
can't say I 100% -- I'm pretty sure I understand everything.
I can't think of anything now that sounds --
THE MASTER: Well, is there anything that you
don't understand?
MR. ANDES: Is there any part of the
agreement that you don't understand?
MS. HRUSKO: Well, one thing Js, is there any
problem with us signing off on each others bank accounts?
He is still on my Members 1st. I'm still on his PSECU. I
would like to get that taken care of.
MR. ANDES: Anything else?
MS. HRUSKO: Not that I can think of.
MR. ANDES: Then let's may be add this
paragraph to the agreement. (Added above)
(A discussion was held off the record.)
THE MASTER: Are you clear now, Ms. Hrusko,
that the agreement as stated you understand the terms of
the agreement?
MS. HRUSKO: I don't know what to say. I
mean I think I understand it.
THE ~mSTER: Well, is there any part of it
that you think you don't understand?
MS. HRUSKO: Not that I am aware of.
THE MASTER: Okay.
(A discussion was held off the record.)
THE MASTER: We had an off the record
discussion about Ms. Hrusko's understanding of the
agreement. Mr. Andes had some discussion with his client
and -- Ms. Hrusko, after the discussion with Mr. Andes and
in response to Mr. Esposito's question, can you state that
you fully understand the terms of this agreement?
MS. HRUSKO: Yes.
MR. ESPOSITO: Mr. Hrusko, I've represented
you in this matter since the fall of 1996; is that right?
MR. HRUSKO: Yes. Nobly.
MR. ESPOSITO: During that period of time we
have to one extent or another, but ultimately, thoroughly
discussed the legal and factual issues involved in your
case, have we not?
MR. HRUSKO: Many hours, yes.
MR. ESPOSITO: And we have spent several
hours here today negotiating a settlement and discussing the
variuus legaJ 3nd factual issues; is that correct?
MR. HRUSKO: Four hours and twenty minutes;
that's correct.
MR. ESPOSITO: And you were present when Mr.
Andes recited into the record the terms of the settlement
agreement which we believe you and Ms. Hrusko have entered
into today; is that right?
MR. HRUSKO: That is correct.
MR. ESPOSITO: Do you fully understand the
agreement?
MR. HRUSKO: Yes, I fully understand the
agreement.
MR. ESPOSITO: Is it your intention that the
terms as recited by Mr. Andes embody that agreement in all
respects?
MR. HRUSKO: Yes, ably.
MR. ESPOSITO: Are you satisfied to enter
into the agreement as stated?
MR. HRUSKO: I am unequivocably satisfied,
yes.
THE MASTER: Do both of you understand that
when you leave this room today you are bound by the terms of
this agreement even though you don't ultimately sign by way
of affirmation the statement that is made on the record?
MR. HRUSKO: Yes.
MS. HRUSKO: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to bind myself to the settlement as a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS:
DATE:
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Ka en L. Hrusko
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KAREN L. JENKINS (FORMERLY IIRUSKO)
IN TIlE COlJRT OF COMMON PLEAS OF
CUMBERI.AND COUNTY.PENNSYLV ANIA
PLAINTIFF
v.
%.6035/02~VII. ACTION LAW
GEORGE J. IIRUSKO, JR.
DEFENDANT
IN CUSTODY
OIUlEn OF COllin
AND NOW. Wednesday, Januery 23, 2002 , upon eonsidenllion of the ulluehcd Compluint.
it is hereby dircctcd thut purties und their rcspcetivc eounscl uppeur bcfore Melissa P. Greevy. Esq. , thc conciliator.
ut 214 Senate Avenue, Sulle 105, Camp lilli, I'A 17011 on Tuesday. February 12. 2002 lit II :00 AI\I
for a Pre-Hearing Custody Conference. At such eonfcrenee, un eflhrt will be nmde to resolve the issucs in dispute; or
if this cannot bc accomplished, to de line und nurrow the issues to be heurd by thc court, und to enter into u temporury
order. All children uge live or older muy ulso be present utthe conferencc. Fuilurc to uppeur utthc confercnce may
provide grounds for entry of u temporury or permunent ordcr.
The court hereby directs the Ilurtles to furnish any und all exlstlngl'rolecllon from Abuse orders,
Special Relief orders, and Custody orders to the conelllalor 48 hours prior to scheduled hearing,
FOR TIlE COURT,
By: 1,1
Melissa P. Greev.y. Esq, ~
Custody Conciliutor
The Court of Common Pleas ofCumbcrland County is rcquircd by law to comply with the Americans
with Disabilites Act of 1990. For infomlation ubout ueecssible facilities und reasonuble uccommodutions
avuilablc to disabled individuals having business bclilre the court. please contact our office. All arrungements
must bc mude at1cast 72 hours prior to uny heuring or busincss belhre the court. You mllst attend the
sehcduled conference or hcuring.
YOU SIIOULD TAKE TillS PAPER TO YOUR A'ITORNEY AT ONCE. IF YOU DO NOT
IIA VE AN ATroRNEY OR CANNOT AFFORD ONE, GO TO OR TELEPIIONE TilE OFFICE SET
FORTII DELOW TO FIND OUT WIIERE YOU CAN GET LEGAL IIELP.
Cumherlund County Bar Associnlion
2 Liherty A vcnue
Cllrlisle, Pennsyl\'llnill 17013
Telephone (717) 249-3166
.
.IAN \l !J /dO? ~
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There,a Darroll Malo
Supreme CuUrI N 46439
S 13 Nurth SeclInd Street
lIarri,hurg, PA t710t
(717) 233-3220
ClIun,c1 Fur Plainliff
COURT OF COMMON PLEAS 01' CUMBERLAND COUNTY. PENNSYLVANIA
KAREN L. JENKINS (formerly Hruskll)
Plaintiff
NO. 96-6035
v.
GEORGE J. HRUSKO, JR.
Defendant
CIVIL LAW - DIVORCE/CUSTODY
ORDER OF COURT
AND NOW, this
day of January, 2002, upon consideration of the
attached Complaint. it is hereby direcled that the parties and their respective counsel appear
. the Conciliator, at
before
on
, 2002 at
.m. for a Pre-Hearing
Custody Conference. At the conference. an effort will be made to resolve the issues in dispute;
or if this cannot be accomplished. to define and narrow the issues to be heard by 1he Court. and
to enter into a Temporary Order. All children age five or older may also be prescnt at the
Conference. Failure 10 appear at the Conference may provide grounds for the entry of a
temporary or permanenl Order.
By:
Custody Conciliator
The court hereby directs the parties to furnish nny and all existing Protection from
Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior
to scheduled hearing.
For the Court,
The Court of Common Pleils of Cumberlilnd County is required by law to comply with
the Americans with Disilbilities Act of 1990. For information about accessible filcilities and
reasonable accommodations available to disabled individuals hilving business before the court,
please contact our office. AI1 arrangements must be milde atleilst n hours prior to any hearing
or business before the court. You must a\lend the scheduled conference or hearing.
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.
Cumberland County Bar Associiltion
2 Liberty A venue
Cilrlisle. PA 17013
(717) 249-3166
2
6. Plaintiff has nOI participatcd as a party or witncss. or in anothcr capacity. in other
litigation conccrning thc cUSlody of the childrcn in this or in anothcr court.
Plaintiff has no information of a cllstody proceeding concerning thc children pending in
a court of this Commonwealth.
Plaintiff does not know of a person not a party to thc proccedings who has physical
custody of thc children or claims 10 have custody or visitation rights with rcspccttolhe children.
7. The besl interest and permancnt welfare of the children will be served by granting
the relief requested because:
a. Plaintiff has becn the children's primary carctaker since
birth.
b. Plaintiff provides a more slructured environment for the
children.
c. there is no custody order in placc al prcscnt.
8. Each parent whose parcnlal righls to thc childrcn havc not bccn terminaled and
the person who has physical custody of thc children havc bccn named as parlics to this action.
5. The relationship of defendant to thc children is thai of father. Defcndant currently
resides with the following pcrsons:
Name Relationship
No one
3
VERI FICA TION
I. Karen L. Jenkins. state UPOII personal knowledge or information and belief that the
avennents set forth in the foregoing document are true.
1 understand that false statements herein lire mllde subject to the penllllies of 18 I'll. C.S.
fi 4904. relating to unsworn falsification to lIuthorities.
-:
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 96.6035 /
CIVIL ACTION - LAW
IN CUSTODY
KAREN L. JENKINS,
vs.
GEORGE J. HRUSKO, JR.,
Defendant
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-93
GEORGE J. HRUSKO, JR.,
Plaintiff
Defendant
CIVIL ACTION - LAW
IN CUSTODY
KAREN L. JENKINS,
INTERIM ORDER OF COURT
AND NOW, this ~,.,J day of March, 2002, upon consideration of Ihe attached
Custody Conciliation Summary Report, It Is hereby ordered and directed as follows:
1. Legal Cuslody. The parties, Karen L. Jenkins and George J. Hrusko, Jr., shall
have shared legal custody of their minor Children, Brlanna L. Hrusko, born April 29, 1986,
and Alex J. Hrusko, born June 16, 1989. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions
regarding their health, education and religion. Pursuant to the terms of Pa. C. s. 9 5309.
each parent shall be entitled to all records and Information pertaining to the Children
including, but not limited to, medical, dental, religious or school records, the residence
address of the Children and of the other parent. To the extent one parent has possession
of any such records or information, that parent shall be required to share the same, or
copies thereof, with the other parent within such reasonable time as to make the records
and information of reasonable use to the other parent.
2. Physical Custody. The following Interim Order for the physical custody and
sharing of parenting time with these Children shall be in effect pending an agreement of the
parties or further Order of Court:
A. Mother shall have primary physical custody.
B. Father shall have an expanded weekend physical custody
schedule which shall commence on Thursday, March 7, 2002.
Father's weekend custodial period shall be defined as Thursday
4. Mother's position is as follows: Mother states that she has been the
Children's primary caregiver since the period of separation In 1997. She is concerned that
the parties' son needs greater supelVision after school in order to complete his homework.
Specifically, his grades have been falling and he has been receiving detention at school for
failure to complete class work. Mother describes the son as being somewhat distractible
with regard to school work. Mother alleges that there are no adults home with their son
from the time he gets home from school about 2:30 p.m. until Father arrives after work
around 4:30 p.m. Mother alleges that Father has pressured the children by making
promises to them and giving them money, which results in their preferenca to reside with
him. Mother is also concerned that Father allows their fifteen-year-old daughter to have
significant periods of unsupelVised time alone with her college aged boyfriend. Mother has
specifically expressed concern that Father provides transportation for the daughter to go to
visit her boyfriend and spend an entire day with him at the college campus where he
resides In Bloomsburg, Pennsylvania. Mother alleges that Father complains that the
children's stepfather is living on the support that he provides. '
5. Father's position is as follows: Father has taken a position that the children
told him that they want to live primarily with him and that is the reason that he filed for
primary custody. Father does not seem to be quite as concerned about the son's grades as
Is the Mother. However, both parents acknowledge that the child could do better and
sometimes will tell them that he has no homework when, In fact, he does have homework.
Despite the decline in the child's grades Father has not followed up with the teacher about
whether the reports in the fail about his not doing homework continued to be a problem, and
In fact, hasn't followed up or obtained any information from the school about his second
marking period report card. Father complains that Mother is not sharing Information
regarding the children available from school. With regard to the daughter, Father describes
her as a straight A student. He very much likes his daughter's boyfriend and trusts them to
handle the privileges that he has given them. Both parents acknowledge concern that if
they restrict the daughter's social activities too much that she will rebel. Father has taken
the position that he would waive support if he Is granted primary custody.
6. Conciliator's impressions: It appears that these parties have different
parenting styles and that the Mother is the more strict of the two parents. It also appears
that these children have reached the age at which It becomes more challenging for the
parents to cope with the children's tendency to split and play one parent off the other to
seek the privileges that they naturally desire as adolescents. The parties both acknowledge
that there was a time when they used to be able to function as a parenting team, even post-
divorce. However, their past ability to have parenting discussions and work cooperatively is
MAY 1 3 200~ ~
GEORGE J. HRUSKO, JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-93 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
Plaintiff
v.
KAREN L. JENKINS,
Defendant
GUIDO, J, ---
ORDER OF COURT
AND NOW, this ,,,,fNI day of May, 2002, It Is hereby ordered that the above
captioned action Is consolidated with the prior action In this matter docketed to No, 96-6035.
BYT~
Edward E, Guido, J.
? flapUo-rnix' ~
L' ~ l A 5
().5-!j.O~
Dlst:
Karan L. Janklns. pro sa, 537 W. Cumba~and Road, Enola, PA 17025
Paul J. Esposito, Eequlra, 320 Markat Street, PO Box 1268, Harrteburg, PA 17108-1266
MAY 1 3 2002 I)
KAREN L. JENKINS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
NO. 96-6035 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
_ z-
v.
GEORGE J. HRUSKO, JR.,
Defendant
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-93 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
GEORGE J. HRUSKO, JR.,
v.
KAREN L. JENKINS,
Defendant
GUIDO, J. --
ORDER OF COURT
AND NOW, this I"" J.+. day of May, 2002, upon consideration of the attached
Custody Conciliation Summary Report, It Is hereby ordered and directed as follows:
1. Legal Custody. The parties, Karen L. Jenkins and George J. Hrusko, Jr., shall
have shared legal custody of their minor Children, Brlanna L. Hrusko, born April 29, 1986,
and Alex J. Hrusko, born June 16, 1989. Each parent shall have an equal right, to be
exercised jointly with the other parent, to make all major non-emergency decisions
regarding their health, education and religion. Pursuant to the terms of Pa. C. S. !l 5309,
each parent shall be entitled to all records and Information pertaining to the Children
Including, but not limited to, medical, dental, religious or school records, the residence
address of the Children and of the other parent. To the extent one parent has possession of
any such records or Information, that parent shall be required to share the same, or copies
thereof, with the other parent within such reasonable time as to make the records and
Information of reasonable use to the other parent.
2. Physical Custody. The parties shall share physical custody of the minor
children In the color coded schedule provided as an attachment as Exhibit A. This schedule
is highlighted In color. The colored areas reflect those times during which the children are In
the custody of Father. In addition to the non-highlighted times, Mother shall have up to six
(6) weekends per year of physical custody.
PLANNING CALENDARS
Calendar tor 2002
JANUARY FEBRUARY MARCH APRIL MAY JUNE
SMTWTFS SMTWTFS SMTWTFS SMTWTFS SMTWTFS SMTWTF5
12345 12 121234,.,6 1234 1
6 7 6 9 101112 3 45 6 7 6 9 3 4 5 6 7 6 9 7 8 9 1011 1113 5 07 8 9 1011 2 34 5 6 7 8
1314151617 1819 101112\3141516 10111213141516 14151617 161920 12131415\61718 9 10" 12131415
202\22232425261716192021222317181920212223 21222324252627 19202122232425 161;:,',9202122
2728293031 24252617 28 24252627282930 282930 26272829303\ 232425 26 27 2829
~ 30
JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER
5MTWTFS 5MTWTF5 5MTWTFS SMTWTF5 5MTWTF5 SMTWTF5
123456 12'3123156712345 1212J4567
7 8 9 10111213 45 6 78 9 10 8 9 1011121314 6 7 6 9 101112 J 1 5 6 7 6 9 8 9 1011121314
14151617181920 1112131415161715161718\92021131l151617181910l\121314151615161716192021
21222324252627 1619202122 23 24 22232425262726 20212223242526 17181920212223 222324 25262726
28293031 252627282930 31 2930 2128293031 14252621282930 2910 Jl
,
:1
Calendar for 2003
JANUARY FEBRUARY MARCH APRIL MAY JUNE
3MTWT F S SMTWT F 5 SMTWT F 5 SMTWT F 5 5MTWT F 5 SMTWT F S
1234 1 1 12345 123 :211561
5 6 ; 9 a 1011 2 J I 5 6 7 8 2 3 1 5 6 1 6 6 1 6 a 101112 1 ; 1 ; 6 9 10 3 1 '011121314
1213141516171891011121314159101112131415 13111516171619 11:2'JI4151617 1516';18192021
19202122232425 15 Ii 1819 20 2122 161718192021 22 20212223242526 16.12021 222324 2223 H 25 26 27 26
262728292031 232415162128 23211515212829 27282930 25 :; '2128 2910 31 29:0
W31
JULY AUGUST SEPTEMBER OCTOBER NOVEMBER DECEMBER
SMTWT F S SMTWT F S 5MTWT F 5 SMTWT F 5 SMTWT F S 5MTWT F S
12345 12 123456 1234 1 ',:3456
6 ; 9 9 101112 3 1 5 6 1 8 9 i 6 9 10 1112 I~ 5 6 ; S 9 1011 : : 1 5 ; ; 9 7 1 1 10111213
131l15\6111819 10111213141516 14151617181920 12131115181719 1')' 11"31415 ,1', '; '; 1619 20
20212223242526 17181920212223 21222324252621 19202122232425 '6:; '319202122 2' :ill 34 25 26 21
2718291031 2125,621282930 262930 262126:9303\:3:J " 26212629 28 !9!0 Jl
31 !O
I
"
Calendar for 2004
JANUARY FEBRUARY MARCH APRIL MAY JUNE
SMTWT F 5 SMTWT F S 5MTWT F 5 SMTWT F S SMTIYT F S SMTWT F S
12312J4567 123456 123 1 12345
1 5 6 1 8 9 \0 6 91011121314 1 6 910 \11213 J 5 5 7 8 910 2 3 1 5 ; 1 8 ; ; 9 9101112
1112131J151611151611181920211l151611161920 111213iJI51617 9101112131415 13111;1617181~
18192021222324 22 2321 25 26 2126 2122 2J 2J 25 26 21 1619202122 23 24 \61; '3 19202122 20212223242528
25262126293031 29 26293031 252621162930 2J 1125 26 2126 29 2726l! JO
3031
JULY AUGUST SEPTEMBER OCTOBER ~IOVEMBER CECcMBER
SMTWTFS SMTIYTFS SMTWTFS SMTWTFS SMTWTF5 SMTWTFS
1231234561 1234 12 123456 1234
4 5 6 1 8 9 10 6 9 1011121314 5 6 7 6 9 1011 J 1 5 6 1 8 9 7 2 9 \01112 13 5 6 1 6 9 1011
11\21314151611 15161116192021 121J 1115161119 10111213141516 11151611161920 \2131115 \61118
18192021222324 2223 2115 26 2126 I~ 20 21 ZZZ3 24 25 1116192021 2223 21 22 23 24252621 19202122232425
25262716293031 293031 262126 2930 2425 18 2126 29 30 16 29 30 282125 29 3031
,.
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-hMV.
.1
MAY 1 3 200? 1)
KAREN L. JENKINS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 96-6035 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
v,
GEORGE J, HRUSKO, JR.,
Defendant
GEORGE J, HRUSKO, JR.,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 02-93 CIVIL TERM
CIVIL ACTION - LAW
IN CUSTODY
Plaintiff
v,
KAREN L. JENKINS,
Defendant
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1, The pertinent Information concerning the children who are the subject of this
litigation Is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN THE CUSTODY OF
Brianna L. Hrusko
Alex J, Hrusko
April 29, 1986
June 16, 1989
Mother
Mother
2, A Custody Conciliation Conference was held on May 7, 2002 pursuant to
Mother's Petition for Contempt filed on April 23, 2002, The parties' most recent Custody
Order Is dated March 22, 2002, Present for the conference were the Mother, Karen L.
Jenkins, who appeared pro se; the Father, George J, Hruska, Jr. Mr, Hrusko represents
that he Is represented by Paul J, Esposito, Esquire but that he asked Mr. Esposito not to
attend the conference,
3, After a lengthy conference with the parties In which a numbered of options
were discussed and considered by each side, the parties reached an agreement that
Mother would withdraw her Petition for Contempt upon Father's agreement to a modifled
-.
.'
NO, 96-6035 CIVIL TERM
NO, 02-93 CIVIL TERM
physical Custody Order which she presented for his review, At the time of the conference,
Father was provided with a color coded calendar to review which Indicated the days which
she proposed the children would be In his custody, The schedule approximates a shared
physical custody plan, TheIr agreement was entered with a proviso that Mother be allowed
up to six (6) custodial weekands per year, Additionally, the parties agreed to attend
counseling with regard to the functioning of the parties' youngest child,
4, The parties agreed to participate In counseling In particular to beneflt their son,
Alex, Alex continues to have difficulties with behavior at school and has presently received
detention as a result thereof. Additionally, his grades are apparently somewhat less than
his abilities demonstrate as they have been In the past.
5.si;::" Oro.''"lI"hed( ~ ~
DEfte - Melissa peel~eVy, Esquire
Custody Conciliator
: 1580B2