HomeMy WebLinkAbout00-01380
i
"
.
. .
.
.
. . .
~ ~ ~~ ~~ ~ ~~ ~~~ ~~~ ~ ~~
.
IN THE COURT OF COMMON PLEAS
.
OF CUMBERLAND COUNTY
.,,-//
STATE OF
.
ROBERT F. ROTH,
PENNA.
Plaintiff
No. 2000-1380 CIVIL
VERSUS
.
.
.
CARYN G. ROTH.
Defendant
.
.
.
.
DECREE IN
DIVORCE
AND NOW,
:r~
;)..
..A" J:!r t..... .
,2002 ,IT IS ORDERED AND
.
DECREED THAT
.
.
.
AND
.
ROBERT F. ROTH
, PLAINTIFF,
CARYN G. ROTH
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
dated the
'j-J
The economic i~fi.up.s are addre~~ed
in the OrdP:T or ronrt
.
.
Economic Order."
.
.
.
.
.
day of
, 2002, entitled "Final
By T
ATT'S~~~1'
PROTHONOTARY
. .
. .
. .
. .
.
.. .
. ..
. ,-.' ~ ,'~-,'1 '..',
. "
.
.
,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
,
,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
J.
.
.
.
.
.
.
.
.
.
.
.
.
-
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ROBERTF. ROTH
Plaintiff
vs.
No.
1380
CARYN G. ROTH
Civil 20 00
Defendant
TO:
It appearing that the Master's report in the above stated case has
been filed for ten (10) days, that no exceptions have been filed thereto,
that the costs have been fully paid and that all the requirements of law
and Rules of Court have been met, you are hereby directed to submit the
said case to the Court of Common Pleas of Cumberland County,
Pennsylvania, at the next sitting thereof.
?'!i~tifi
SNELBAKER, BRENNEMAN & SPARE, PC
BY: Philip H. Spare
Curt Long
Prothonotary
DATED: June 14. 2002
I,
Common Pleas Cu
that the costs in the
Master's fee.
, Prothonotary of the Court of
erland County, Pennsylvania, do hereby certify
ove stated case, have all been paid, including the
. "
. .
~
-.......-
~ C> 0
N ."
;g:: '- --l
'"UUJ c:: .,-
rnrn % f~l :!J
Z:D ' l~'~
-(1m
6;~ ~r-_l""""
.c:- "'1'
~"..- ~~
.--CJ' "
--
7-0 3
".=0 ~ ,~
;<--C '--<
~ ;::::
t=" ~
'l"
,-,,-
t!J!'lI!ll~;~"C_'"' .;!m~,'Iil~~~~,
"1
n__~~mT-ijl\\1I1!III~
v,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO,2000 - J 3 JO CIVIL TERM
: CIVIL ACTION - LAW
ROBERT F, ROTH,
Plaintiff
CARYN G. ROTH,
Defendant
: IN DIVORCE
NOTICE
You have been sued in court, If you wish to defend against the claims set forth in the
following pages, you must take prompt action, You are warned that if you fail to do so, the case
may proceed without you and a decree of divorce or annulment may be entered against you by
the Court, A judgment may also be entered against you for any other claim or relief requested in
these papers by the Plaintiff, You may lose money or property or other rights important to you,
including custody or visitation of your children,
When the ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request that the court require you and your spouse to attend marriage counseling prior
to a divorce decree being handed down by the court. A list of marriage counselors is available in
the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are
advised that tbis list is kept as a convenience to you and you are not bound to choose a counselor
from the list, All necessary arrangements and the cost of counseling sessions are to be borne by
you and your spouse.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP,
L.AW OF'P"ICES
SNELBAKER.
BRENNEMAN
& SPARE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 1,7013
(717) 249-3166
SNELBAKER, BRENNEMAN & SPARE, P.e.
BY:~
. Atto eys fj 'Iaink
-
LAW OFFICES
SN!::LBAKER,
BRt:NNEMAN
& SPARE
I
ii'
ROBERT F. ROTH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
: NO, 2000 - /370
CIVIL ACTION - LAW
CIVIL TERM
CARYN G, ROTH,
Defendant
IN DIVORCE
COMPLAINT
1. Plaintiff ROBERT F, ROTH, is an adult individual residing at 120 North 21" Street,
Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant CARYN G, ROTH, is an adult individual residing at 502 Pawnee Drive,
Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania 17055.
3, Plaintiff has been a bona fide resident of the Commonwealth of pennsylvania for at
least six (6) months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully joined in marriage on February 25, 1988 in
Dauphin County, Pennsylvania.
5, There have been no prior actions of divorce or for annulment between the parties
hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph
4, above,
6, Neither party is a member of the armed forces of the United States of America,
7, The Plaintiff avers as the grounds upon which this action is based is that the marriage
between the parties hereto is irretrievably broken.
8, The Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the Court require the parties to participate in counseling,
9. The Plaintiff requests this Court to enter a decree of divorce,
-
WHEREFORE, ROBERT F, ROm requests this Court to enter a Decree of Divorce,
divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and
Defendant.
COUNT II - EOUITABLE DISTRIBUTION
10. Paragraphs I through 9, inclusive, of this Complaint are incorporated by reference
herein.
11, The Plaintiff and Defendant have legally and beneficially acquired personal property
and debts during their marriage from February 25, 1988.
12, The Plaintiff and Defendant have not agreed as to any equitable distribution of the
personal property and debts.
WHEREFORE, Plaintiff ROBERT F, ROTH requests this Court to order equitable
distribution of marital property,
WHEREFORE, the Plaintiff requests this Court to:
(a) enter a decree of divorce, divorcing the Plaintiff from the
bonds of matrimony;
(b) order equitable distribution of marital property; and
( c) order such other relief as this Court deems just and reasonable.
SNELBAKER, BRENNEMAN & SPARE, P.C.
....AW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Date: March 8, 2000
By: (h Ih rr:B- .
P~ESqUlre "
44 West Main Street
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff Robert F. Roth
-2-
LAW OFFICE:S
SNEL.BAKER.
BRENNEMAN
Be SPARE
,':_-'.
'I
VERIFICATION
I, ROBERT F. ROTH, do hereby verify and certify that the facts set forth in
the foregoing Complaint are true and correct to the best of my knowledge,
information and belief. I understand that any false statements made herein are
subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to
authorities.
Kld\Rt \, \((} ~
Robert F. Roth
Dated: February 28, 2000
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
I"
"'
ROBERT F. ROTH,
IN TBE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v,
NO. 2000- CIVIL TERM
CIVIL ACTION - LAW
CARYN G. ROTH,
Defendant
IN DIVORCE
AFFIDAVIT
ROBERT F, ROTH, being duly sworn according to law, deposes and says:
1, I have been advised of the availability of marriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling,
2, I understand that the court maintains a list of marriage counselors in the Office of the
Prothonotary, which list is available to me upon request.
3. Being so advised, I do NOT request that the court require my spouse and I participate
in counseling prior to a divorce decree being handed down by the court.
I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
9 4904 relating to unsworn falsification to authorities.
R~ ~ L..l ~, ?Q llr
Robert F, Roth
Date: February 28, 2000
LAW OFFICES
SNELBAKER,
BRENNEMAN
8: SPARE
ROBERT F, ROTH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff
v.
: NO, 2000 - 1380
CIVIL ACTION - LAW
CIVIL TERM
CARYNG. ROTH,
Defendant
IN DIVORCE
ACCEPTANCE OF SERVICE
I, Samuel L. Andes, Esquire, hereby accept service of the Complaint filed in the above
action and certify that I am authorized on behalf of my client, Caryn G. Roth, to do so.
~~
Samue . Andes, Esquire \
20 1vI~", Do
=-' ~
"" ~
".I!I!IIII'.
_.~ .,~
4:)
PI
Z
Z
C(J
-<
c;
~g
..:::-.
-.-,
-<.
~ -
CJ
c.::::
-::-;
'~~:.J
r~...)
Ci
1"1
-~"
--,.
~
"::
:.......,)
(,]1
,""
~
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
,
ROBERT F, ROTH,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COlJNTY, PENNSYLVANIA
Plaintiff,
: CIVIL ACTION - LAW
vs.
: NO: 20Q() - 1380 CIVIL TERM
CARYN G. ROTH,
: IN DIVORCE
Defendant
PLAINTIFF'S AFFlDA VlT OF CONSENT
UNDER SECTION 3301(C) OF THE DIVORCE CODE
1. A Complaint irrDivorce under S3301(c) of the Divorce Code was filed on July 3,
2000,
2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing and service of the Complaint.
,
I consent to the entry of a final decree of divorce after service of notice of
3,
intention to request entry of the decree.
4, 1 verify that the statements made in this affidavit are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904
relating to unsworn falsification to authorities,
\(.0 t 9J.- \ f),. ~5-tt
Robert F. Roth
(Plaintiff)
r
Date; r<.\)!l.vr-l,\ \\
,2002
, I
.
-
. ,.,'
~ .
'~'. ....
..',
J,~I!~-"~'
~,
o
<;:;;
s.
-",eel
rnc.:';
Z.L
~~.~.
.~F~
;;;>e:
z
--l
-(
C;::J
r"
..."
r<1
r:rJ
f'0
Cf:
,~
-("':
~"..
~~; s'.
:;~.-H
(~-,~ ~;~
~
~
~
:Jl
(J1
. ~_'" ~--y",":"",_1"'1!II'l~-="'''''7-~~ ~""~""
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
ROBERT F. ROTH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff.
CIVIL ACTION - LAW
vs.
: NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
IN DIVORCE
Defendant
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION
TO REQUEST ENTRY OF A DIVORCE DECREE
UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 1 understand that 1 may lose rights concerning alimony, division of property,
lawyer's fees, or expenses if] do not claim them before a divorce is granted.
3, I understand that 1 will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with
the prothonotary.
4. 1 verify that the statements made in this affidavit are true and correct 1
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S
4904 relating to unsworn falsification to authorities,
Date: Vt!JIII>I-,\ \ \ , 2002
~~ \ k t ~, \( ~ W-
Robert F. Roth
(Plaintiff)
I
"""""
,
I
I
!
r
f
Ii
,I
I
,
I
I
11
Ii
Ii
'"
!'- ~'.' ~-
....,-
--~~
..
,
~-~~~
.~ "'""
() {::) ,~~
C f''' '-,.-I
-"["1
~: -.,
;:p.t:g t-r,
, t Ifi, CD
Z:-i-'
2: r
~~:. K'
r- ~"
<::: v
J> C :1::
~~~ ;;.?
2~': 01 -:;;"
--i :1:J
-< en -<
~.".~~:~
.--
..-~"
,,-.llJj
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYL VANIA
ROBERT F. ROTH,
PLAINTIFF
CIVIL ACTION - LAW
CARYN G. ROTH,
DEFENDANT
NO. 00-1380 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed in the
year 2000 and was served more than thirty days prior to the date of this Consent.
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 entry of a final decree in divorce either after service of a Notice of
Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention
to Request Entry ofthe Decree.
4. I have been advised of the availability of marriage counseling and understand that
the Court maintains a list of marriage counselors and that I may request the Court to require
my spouse and I to participate in counseling and, being so advised, do not request that the
Court require that my spouse and I participate in counseling prior to the divorce becoming
finaL
I verify that the statements made in this Affidavit are true and correct and 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.
A:.b ~-; WiJc
Date
C. %kefu
Caryn ~h
,_1"
'" ,N,
"
~
, T
o
c
s:
-0 CD
nlrr
z:~'c
6j5;
-'-""'7:
~'._)
i>C'
ZC<
Pc
z:
::;!
~ <,
o
i'rV
-.,
;-Tl
CD
I
0'
-0
_'_0
: -;~ (")
~rTl
s:J
-(
;...)
CP.
~
J!!'
~~
i~
.
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ROBERT F. ROTH,
PLAINTIFF
CIVIL ACTION - LAW
CARYN G. ROTH,
DEFENDANT
NO. 00-1380 CIVIL TERM
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DIVORCE DECREE UNDER SECTION 3301 eCl OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees, or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a divorce decree is entered by the court
and that a copy of the decree will be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this Waiver are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
no~ ,~ 2..DD c...
Date
~8'~
Caryn G ot
I
w
,~ .
-'-'
-, "", ,,' '.
,
.~,
,< ~
,e
~~-~--""'j'
, . ,
.
(') 0 ,-
'-'
C f'0 "
s: ."
iJ UJ 1"'1"
n-lrl1 CO-
2:.:tJ I
ZC;::
(JJt::~_. en
-...~
~L; -u
p ~-
zc::;
-( ,
>c
:z w ~
::;! (J1
Vll'lW.,"~,1 _ ~1_~1 <.'
" "',"'1'
.,
C"~ _
.
.
.
. .
.
;f. -;+;;f. ;f. ;f.;f.;Ii;f.
...
.
IN THE COURT OF COMMON PLEAS
.
.
.
OF CUMBERLAND COUNTY
PENNA.
.
STATE OF
.
.
.
.
.
.
ROBERT F. ROTH,
No. ?nnn 1 'llln
C'TVTT.
Plaintiff
.
.
.
VERSUS
.
.
.
.
.
.
.
rARVN ~ ROTH,
Defendant
.
.
.
.
DECREE IN
DIVORCE
.
.
.
.
.
02:55 PM
AND NOW, July2
, ?nn? , IT IS ORDERED AND
.
.
.
.
.
ROBERT F. ROTH
DECREED THAT
, PLAINTIFF,
.
.
.
.
.
.
.
.
.
.
.
.
.
.
CARYN G. ROTH
AND
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
.
.
.
.
.
.
.
.
The economic issues are addressed in the Order of Court
dated the
day of
, 2002, entitled "Final
.
.
.
.
.
.
Economic Order."
,,)'
I
BY THE COURT:
.
Edward E. Guido
.
,
:'
"','
',',
PROTHONOTARY
"
.,'
I
I
I
,
,
,
\ . ~I
\ /~ "
\ ,..,-'v__
\ ,).
\\ I:.., ""_,_,,,~) \ q r
, --- ,,' '>.....; lil[ '. 'iI"~ ~ .\, .J'.'';.'~' .
~ \ "Ii II j '\ ~c<'-
0<>:0. 0.0 0. 0.0. OO~"'\'.' ,~_'J ~.~.' .~." -:"0- 0. 0.0
,',-,' .
.
.
.
.
Certified Copy Issued:
;Ii;f.;f. ;Ii;f.;f. ~;f.;f.;f.;f.;f.;f.;Ii~~;f. ;Ii;li ~ ~~ ~~;f.~~~ ~ ~ ~ ;Ii;f.;f.~ ;Ii;f.;f.
'1 -
'.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
J.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
;,
.
.
.
.
-
..,.
.I
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
C. C:. 01
C r'.)
""'~~':" ~
n~ r~ ~~:j
Z:T;
7C- i'~.,)
(I') }-' ~.--
~<
I -"'0
:~L-'
~-:C,I
~i~~ ~i: ~..M
__~ 0" ~'_'
--<: (;:Y --.,:
this date and
-n
- 'I ~;..:
-" ~n
'J
NOTICE OF FILING MASTER'S REPORT
The report of the Master has been filed
copies have been sent with this notice to counsel of record
and the parties.
In accordance with P.R.C.P. 1920.55 within ten (10)
days after the mailing of this notice and report exceptions
may be filed to the report by any party. If no exceptions
are filed within the ten (10) day period, the Court shall
receive the report, and if approved, shall enter a final
decree in accordance with the recommendations contained in
the report.
~~-
Date: 3/27/02
E. Robert Elicker, II
Divorce Master
NOTE: If exceptions are filed, file the original with the
Prothonotary and a copy with the Master's office. At
that time, the party filing the exceptions should
notify the court reporter in the Master's office so
arrangements can be made for a transcript. Upon
completion of the transcript and receipt of payment,
the entire file will be returned to the
Prothonotary's office for transmittal to the Court at
time of argument on the exceptions.
,-",.' -.^ ,-,". -~ . '-"'1'''' - ~" ~,
."
.
..
.
. .
. .~",., 0 "1_
*
If no exceptions are filed, counsel shall prepare an
order of Court consistent with the recommendations
and provide a proposed order of Court to the Master.
Counsel shall also prepare and provide with the
proposed order of Court a praecipe* to the
Prothonotary directing the Prothonotary to submit the
case to the Court for final disposition. The Master
will then transfer the file with the proposed order
of Court and praecipe to the Prothonotary's Office
for docketing and transmittal by the Prothonotary to
the Court.
Form available in the Prothonotary's office and the
Master's office. (NOT the praecipe to transmit the
record form as set out in P.R.C.P. 1920.73(b).)
~- --
"$'!,
""' ," ~ "I_<C~
r)
r"'\
1j
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
()
~,~
q
".
0~;-:-~
h)
'-j
/
c: _-
-")
".-.....
MASTER'S REPORT
'I
...-.::.~
-H-l
-<:
...J.-'
"'<
Proceedings held before
E. Robert Elicker, II, Master
9 North Hanover Street, Carlisle, Pennsylvania
proceedings held on February 5, 2002, commencing at
9:45 a.m.
APPEARANCES:
Philip H. Spare
Attorney for Plaintiff
Samuel L. Andes
Attorney for Defendant
- _ f,
-.,
o
o
PROCEDURAL HISTORY
The complaint in divorce was filed on March 9,2000, raising
grounds for divorce of irretrievable breakdown of the marriage. The
parties have signed affidavits of consent and waivers of notice of
intention to request entry of divorce decree so that the divorce can be
concluded under Section 330l(c) of the Domestic Relations Code. The
affidavit and waiver of husband was filed with the Prothonotary's office
on February 12,2002; the affidavit and waiver of wife was filed with the
Prothonotary's office on February 6, 2002.
The complaint raised the economic claim of equitable
distribution; on April 7, 2000, wife filed a petition raising the additional
claims of alimony, alimony pendente lite, and counsel fees and expenses.
Wife, on her own behalf, also included a claim for equitable distribution
in her petition.
The Master was appointed by President Judge George E.
Hoffer on August 2,2001. Upon receipt of his appointment, the Master
requested that counsel certify the status of discovery. Following receipt
of the discovery certifications, pretrial statements were directed to be
filed by September 14, 2001. A pre-hearing conference was scheduled
for November 20,2001.
Following the pre-hearing conference on November 20,2001,
the parties and counsel appeared in the Master's office for a settlement
conference on January 2,2002. The parties were unable to resolve the
OJ-,
<_<",",,>. ' ~+'__': '"'0 ~ '<..'
," '"""'-
()
o
issues and a hearing was set for February 5, 2002, at 9:00 a.m. at which
time the parties and counsel appeared and offered testimony on the
record. The record was closed and the Master directed counsel for both
parties to file briefs by March 1, 2002.
The briefs were received from both counsel as directed and
the Master proceeded to prepare his report and recommendations.
Counsel and the parties did file the stipulation that the
Master requested relating to Rule 1920.53-2 and also entered
stipulations on the record on February 5,2002. The stipulations are
made part of these proceedings and the record.
STIPULATIONS ENTERED ON THE RECORD ON FEBRUARY 5, 2002
The stipulations entered on the record following the
testimony on the date of separation issue on February 5,2002, are
attached hereto and made part of this report.
FINDINGS OF FACT
1. The parties were married on February 25, 1989. They are the
natural parents of a minor child, Jamie, born September 13, 1989.
The child resides with the wife.
2. The parties separated on February 5,2001.
3. Husband is 56 years of age and resides at 402 A East Main Street,
Mechanicsburg, Pennsylvania, where he lives alone.
4. Husband is retired from United Water Company where he held the
position of Water Quality Director earning approximately
$48,000.00 annual gross income. He is currently receiving a
monthly pension in the amount of$1,507.00 and a social security
2
, '"~,--,, ""'-'I'"~^" ". - ,-
<,
o
r-l
\.,/
supplement benefit based on Mr. Roth accepting an early
retirement in the amount of $1,044.00 monthly. The supplemental
payment for social security will terminate April 2007. (See
Stipulation No.5 and Mr. Spare's comments immediately following
the Stipulation No.5).
5. In the year 2001 husband had part-time employment with
Buchart-Horn Engineers in an environmental consultant position.
His gross income for the year 2001 from that employment was
around $15,840.00. He received his final check on December 28,
2001, and testified that there is currently no work available at this
time with the firm nor has he found other work in the area offering
an environmental consulting position.
6. Husband has a Bachelor's degree in chemistry and biology from
Penn State University and a Master's degree in environmental
management from Penn State University.
7. In March 1999 when husband left the joint residence of the parties
on Pawnee Drive, Mechanicsburg, Pennsylvania, pursuant to a
protection from abuse order, he was admitted to Phil Haven for
physical and psychological breakdown for two weeks. Husband
currently is taking medication for depression and anxiety and is
under the care of a physician and psychologist.
8. Wife is 49 years of age and resides with the minor child of the
marriage at 2015 Harvard Avenue, Camp Hill, Pennsylvania. She
has continued to maintain the lease on the property which she and
her husband leased together when they moved from an apartment
where they were living at 120 North 21st Street, Camp Hill,
Pennsylvania. Previous to wife and the daughter moving to the
Camp Hill apartment, husband lived there alone.
9. Wife has been unable to function in an employment environment
having been treated for depression and anxiety for at least 25
years. In 1998 she was hospitalized at the Hershey Medical Center
and in 1999 in the Holy Spirit Hospital. She currently takes
medication for her illness. Consequently, wife does not have any
income from earnings.
10. Wife has a Bachelor's degree from Ithaca College in physical
education and health.
11. Wife has a son to a prior marriage, Jonathan, who is 20 years of
age.
3
''J'!
-',,"'-'J'''':,'"'It"'''''.,.-.-
--,-
o
o
12. Wife's health benefits are provided through husband and the cost
for COBRA benefits for wife are $328.44 per month.
13. Husband is paying child support in the amount of $592.00 per
month and spousal support in the amount of $558.00 per month.
14. No objection has been made by either party in these proceedings to
the method and adequacy of service of any of the pleadings in the
divorce action nor has either party or counsel objected to the
jurisdiction of this Court to act in these proceedings.
CONCLUSION OF LAW
The grounds for divorce are irretrievable breakdown of the
marnage. Both parties have signed and filed 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.
ANALYSIS OF THE FACTORS AS
SET FORTH IN SECTION 3502(a)
OF THE DOMESTIC RELATIONS CODE
1. The parties were married and living together in a marital
relationship for approximately 12 years and have been separated
for approximately 1 year.
2. Wife was previously married and has a son, Jonathan, to that
relationship.
3. Husband is 56 years of age and his source of income is from his
retirement from United Water Company. He receives a regular
payment of$1,507.00 per month, and a social security
supplemental payment in the amount of $1,044.00 per month,
which will end in April 2007. Husband had supplemented his
income with part-time work with Buchart-Horn Engineers but
testified that he has not been able to find a position in the
environmental consulting field following receipt of his last check
from Buchart-Horn Engineering on December 28,2001. Husband
4
~""1"
'''-'':~---~.I' - --, ..,~ '
~-'
,.
()
o
testified that there is currently no work available with Buchart-
Horn Engineers or other consulting firms he has contacted.
Husband has a Bachelor's degree and Master's degree; his health
situation is affected by depression and anxiety for which he takes
medication, and he is under the care of a physician and
psychologist.
Wife is 49 years of age and has not worked since the birth of her
son to her prior relationship in 1981, claiming that having to care
for the son and then subsequently the daughter was as much as
she could handle without the stress of a job. She has continually
been treated for depression and anxiety, is currently taking
medication and has had some fairly recent hospitalizations for her
problems. Wife does have a Bachelor's degree but has not used
the skills which she acquired from her education in an employable
situation because of her health issues. Wife's only source of
income is from payments from husband for spousal support and
child support for the minor daughter. In addition, wife has been
using funds she received from an inheritance from her mother to
supplement her expenses.
4. Neither party has contributed to the education, training, or
increased earning power of the other party.
5. Neither party has the opportunity to acquire assets in the future
except those that can be obtained through the current income that
is being earned by husband from his retirement benefits and part-
time employment, if available, and from wife's receipt of
maintenance payments from husband and from her share of
husband's retirement benefits.
6. Husband's source of income is from his retirement and
supplemental social security payments and potential part-time
employment; wife's sources of income are from her share of
husband's retirement benefit and maintenance support from
husband in the nature of alimony.
7. Both parties contributed to the acquisition of the marital estate,
husband working as a Water Quality Director with United Water
Company and wife maintaining the child and home as a
homemaker and mother.
8. Essentially the value of the property set aside to each party will be
what they receive in the distribution of the marital assets although
wife did receive some inheritance money, which she is using to
5
. ~.<o I:~' ~,
.,
()
o
supplement her expenses. Husband does have a non-marital
interest in his pension.
9. The standard of living of the parties established during the
marriage was modest.
10. The economic circumstances of each of the parties is based on
income from husband's retirement benefits, part-time earnings,
and for wife the receipt of alimony. The tax ramifications in this
case are not particularly relevant except that the alimony received
by wife will be income to her and deductible by husband. The
alimony payments received by wife as income, however, will not
subject her to any noticeable tax consequence since she does not
have income from any other sources.
11. Wife is serving as the custodian of the parties' dependent minor
daughter.
DISCUSSION
DATE OF SEPARATION
In Pennsylvania, the law on determining the date of
separation involves weighing several factors. These factors include, but
are not limited to, sharing expenses, sharing the responsibility for
household duties, sharing meals, and socializing and vacationing
together. These factors are considered in determining if husband and
wife are separate and apart as defined by the Divorce Code. The Divorce
Code defines separate and apart as follows: "Complete cessation of any
and all cohabitation, whether living in the same residence or not."
It is uncontested that both parties initially separated in May
of 1999 when husband moved from the marital home. However, in the
summer of 2000, wife moved in with husband to escape abuse from a
6
.
'''I . - < -,
-'". '.'
o
o
former boyfriend and they continued to live together until February of
2001. Both parties agree that they have not resided together since that
date.
Although there is substantial disagreement about the exact
living arrangements, the following facts are not in dispute:
1. Both parties lived with their minor child.
2. The parties signed the lease and shared the expenses
of the house with each of them paying various items
and, occasionally, combining their funds to pay those
expenses.
3. The parties ate meals together regularly. Wife
contends that she prepared the meals and that they
ate them together several times a week. Although
husband denies this, he admits that he prepared the
meals for the entire family and they ate those meals
together at least once a week.
4. The parties occasionally slept together in the same
room.
5. The parties took a vacation together with their minor
child during the time they lived together.
6. Wife gave husband a check for $4,000.00 without
asking the purpose.
The parties contend that they did not have sexual relations
while they resided together.
Neither party testified as to their intentions at the time they
resumed living together in the summer of 2000. However, based on the
above factors and surrounding conduct, it is apparent that the parties
were living together as husband and wife.
7
I','
,-
,
'.__",,'.r"I_c_, -"',-
o
o
Husband and wife lived together with their minor child,
shared expenses and household duties, ate together regularly, and
occasionally slept in the same room. Initially, husband invited wife and
child to live with him in order to help them escape wife's abusive ex-
boyfriend. However, due to an animal restriction (wife owned a dog) and
the small size of the apartment, husband and wife had to move. At this
time they decided to continue to live together by renting a house. Both
signed a lease and shared the expenses of the house as well as various
household activities and duties. Although there is testimony indicating
that they did not sleep together in the same room regularly, they did on
occasion. If husband's intention was to discontinue the marriage, and
only to offer wife a temporary safe haven, there was no need for him to
continue to live with her after the couple moved out of the apartment.
Wife could have afforded another residence by her own means through
the monthly child and spousal support she was receiving. Husband
could have stayed at his current place, which did not invoke the animal
restriction and was not too small before wife moved in, or could have
found another residence of his own. As previously noted, the couple
shared household duties and activities and slept together on occasion. A
co-habitation for convenience would probably preclude any regular
sharing of household duties and activities of the nature described above
and would certainly preclude the parties sleeping together, with or
without intimacy, no matter how occasional.
8
""1
", "_">O'''''r' 0'_' - ,-~--
- ~.-
()
o
Two other factors are also worth mentioning. First, the
couple took a vacation while living together. Although the husband
contends this was "terrible", the vacation would not likely happen in the
first place between a separated husband and wife that had a relationship
strictly for convenience. Second, wife gave money to husband
unconditionally. Again, a relationship for convenience between two
people usually does not include giving money to one another without it
being in the form of a loan. At the very least, the contributor would want
to know why the contributee needed it.
In light of the above factors and surrounding conduct and/ or
circumstances, it is apparent that the parties were living together as
husband and wife and not simply as a matter of convenience. Although
their relationship lacked intimacy since May 1999, this factor alone does
not amount to a complete cessation of any and all cohabitation.
Therefore, it is recommended that the date of February 2001 be recorded
as the official date of separation.
DISCUSSION
EQUITABLE DISTRIBUTION
Based on the stipulations of the parties and counsel, the
facts found by the Master, and the analysis of the factors under Section
3502(a) of the Domestic Relations Code, the Master believes that the
distribution of the assets of the parties should be distributed 45% to
husband and 55% to wife.
9
nn,
- ~-~--
I"'"
,
o
o
Using the stipulations and findings of fact by the Master, the
Master has identified and valued the marital estate as follows, excluding
the pension and social security supplement payments:
MARITAL ASSETS
(Excluding pension and social security supplement)
Proceeds from sale of real
estate 502 Pawnee Drive,
Mechanicsburg, Pennsylvania
(See Stipulation No. 1 (c)
$122,857.00
Balance in investment account
(See Stipulation No.9)
$ 132.00
Vanguard Group IRA
(See Stipulation No.3)
$ 11,690.82
United Water Company 401(k)
(See Stipulation No.4)
$ 53,067.14
1998 Jeep Grand Cherokee
$ 14.600.00
See footnotes 1,2,3
TOTAL
$ 202,346.96
1. The $10,000.00 cash distributed from a mutual fund to both parties equally was
distributed some time prior to the parties' separation and will not be included in the
assets subject to distribution.
2. The pension benefit in the monthly amount of $1,507.00 will be distributed pursuant to a
QDRO,
3, The social security supplement payment in the amount of $1,044.00 will be treated as
income to husband, not subject to equitable distribution, for purposes of arriving at a
monthly alimony recommendation, It is the Master's understanding that in April 2007
the actual social security benefit will begin which will continue the income stream of this
supplemental benefit. Therefore, if the supplemental social security payment was treated
as an asset for distribution, the payment monthly from the distribution would terminate
April 2007. The Master believes it is more reasonable to treat the payment as income
now since in April 2007 the supplement payment will cease than to attempt to distribute
the benefit by percentage through an equitable distribution award. In April 2007 the
conversion to a regular social security payment would have to be treated as income and
would, therefore, require a review of the monthly alimony payment since an automatic
distribution from the social security supplement benefit would cease.
10
>" ~ ,
-" 'r --, -'I ,-,"~-,.
"
()
o
Based on the distribution of 45% of the assets to husband
and 55% of the assets to wife, husband is entitled to a distribution of
assets having a value of $91,056. 13 and wife is entitled to a distribution
of assets having a value of $111 ,290.83.
RECOMMENDATIONS
EQUITABLE DISTRIBUTION
MARITAL ASSETS AND VALUES ASSIGNED TO HUSBAND
Advance distribution from
proceeds from sale of house
$ 25,000.00
Payment of support arrearage
from proceeds from sale of house
$ 2,224.00
$ 11,690.82
Vanguard IRA
United Water Company 401(k) -
45% of $53,067. 14
$ 23,880.21
Portion of escrow account
from house sale proceeds
TOTAL TO HUSBAND
;1; 28.261.10
$ 91,056.13
MARITAL ASSETS AND VALUES ASSIGNED TO WIFE
Advance distribution from
proceeds from sale of house
1998 Jeep Grand Cherokee
$ 25,000.00
$ 132.00
$ 14,600.00
Balance in investment account
United Water Company 401(k) -
55% of$53,067.14
$ 29,186.93
11
<'\"
~:'\';I~'"' ""'-'<
, .
, ,
o
o
Portion of escrow account from
house sale proceeds
TOTAL TO WIFE
[1; 42,371.90
$ 111,290.83
Wife's share of the monthly pension payment in the amount
of $1,507.00 shall be distributed to wife using a coverture fraction
resulting in 46.0% of husband's benefit being earned during the
marriage.4 Wife shall be entitled to 55% of the marital portion ($693.22)
for a benefit monthly from the $1,507.00 portion of the pension of
$381.27.
Wife's share of the 401 (k) from United Water Company shall
be rolled over to wife to a qualified plan to avoid tax and penalty on the
transfer.
Husband shall pay to wife the sum of $264.54 representing
his share of an electric bill paid by wife.
Each party will sign all documents necessary to effectuate
the transfer and distribution of the marital assets as provided herein.
4. Wife's calculation of the coverture fraction is incorrect, The total number
of months for the denominator is 311 not 298. The numerator is 143
months, The marital portion of the pension is 46% not 47.9%. See Page
6 of wife's brief.
ANALYSIS OF THE FACTORS AS SET
FORTH IN SECTION 3701(b) OF THE
DOMESTIC RELATIONS CODE
When the factors of the Section 3502(a) analysis overlap with
12
,--"'~
- -."r,.,, , 'I'!?""-~:";-'-
.
n
o
the factors in the Section 370l(b) analysis, the analysis under Section
3502(a) is incorporated herein. Additional factors to be considered in the
Section 370 1 (b) analysis determining the nature, amount, duration, and
manner of payment of alimony are as follows:
4. Neither party has indicated an expectation of receiving funds or
assets from sources other than earnings.
Neither party indicated any expectation of inheritances.
11. Neither party brought any property of a significant nature into the
marriage.
12. Following the birth of her son to a prior relationship, wife has not
had any substantial employment of any nature, essentially taking
the roll of homemaker and caretaker of the child to the marriage.
Although wife did not contribute income and eamings to the family
unit, she did contribute her skills as a mother and homemaker.
13. Wife has no eamings and her sole means of support is through the
monies that are provided by husband's pension and husband's
payment of alimony. Husband also pays child support which is an
indirect contribution toward wife's expenses (housing, for
instance). Wife is the primary custodian of the minor daughter of
the marriage.
Husband has the income from the marital and non-marital
portions of the pension not paid to wife and the social security
supplemental benefit. He also has in the past had earnings from
part-time employment. However, after husband fulfills his
obligations for child support and alimony payment, he will not
have income to provide for himself other than a modest lifestyle.
Both parties, in order to improve their standard of living, may have
to supplement the income provided through husband's retirement
and social security supplement benefits in order to meet their
respective needs and improve their standard of living.
14. The Master has not considered marital misconduct of either party
with respect to wife's alimony claim.
15. The tax ramifications of alimony for federal tax purposes will be
that alimony will be treated as income to wife and as a deduction
for husband. Considering the incomes of the parties, it does not
13
~"r---- .
("J
'I&:,.J7
0.',
,
appear as if the receipt or payment of alimony will be a significant
tax detriment or benefit to either of the parties.
16. Although both parties are receiving assets from the distribution of
the marital estate, wife's reasonable needs cannot be met without
the contribution by husband to wife through alimony payments.
17. Although the Master believes that wife should be able to make
some contribution to provide for her own needs, based on her past
experience with employment and health issues, wife is incapable of
self-support through appropriate employment.
DISCUSSION
ALIMONY
The Master believes that alimony is necessary for wife's
continued maintenance and support. The Master has considered the
stipulations of the parties, the findings of fact, the analysis of the factors
under Section 370l(b) of the Domestic Relations Code and the scheme of
equitable distribution as recommended herein.
In making a determination as to husband's contribution to
wife for alimony payments, the Master has looked at the respective
incomes of both parties. Need does not appear to be an issue as neither
party is living anything but a modest lifestyle and any additional income
to either party would be of a significant benefit.
In looking at wife's income, which is derived from her share
of the pension, she will receive $381.27 per month. Her only other
income into the household is $592.00 per month for child support which
is essentially used for the benefit of the minor child, although the money
received would assist wife in maintaining housing for both herself and
14
"""'l,
~ I;
--~ ,- ~
o
o
the child inasmuch as a portion of the child support is likely used toward
contributing to the monthly rental costs of the home where wife and the
child are residing. Wife also has an expense for COBRA benefits, which
is substantial, in the amount of $328.44 per month. Consequently,
wife's need for alimony is necessary for her to maintain her modest
lifestyle.
Looking at husband's economic situation, after wife's portion
of the retirement from the regular retirement payment is paid, husband
has $1,125.73 remaining. He also has the social security supplement in
the amount of $1,044.00 for a total of $2,169.73 per month. Ifwe
deduct husband's obligation for child support from his monthly income,
husband is left with $1,577.73. It is the Master's opinion, however, that
upon the finalization of the alimony payment through the divorce
proceedings, that the child support amount will have to be reviewed.
For the purposes of this analysis, the Master assumes that the child
support payment modification will show a modest decrease in the child
support received by wife and a small increase in husband's income.
Using, however, the numbers currently on the record, wife's
request for alimony in the amount of $1,000.00 per month would leave
husband with $577.73 for his expenses. Such a result would be clearly
unreasonable although the Master does believe that husband has the
ability to supplement his income with part-time employment. The
Master is mindful also of the fact that husband's skills are not currently
15
''''"~
._C,_ - -'>1_' _~_ - I .,
o
o
in demand in the engineering field which he has pursued in water quality
control, and also the Master has to be mindful of husband's age in
obtaining any significant kind of employment. However, the Master
believes that husband has the ability to supplement his income with
some type of part-time employment, whether it be in his current field or
in some other endeavor. The Master has considered husband's ability to
supplement his income as he did in 2001 with the engineering firm in his
alimony recommendation. Therefore, husband's additional income from
part-time employment should not automatically trigger a review of the
amount of alimony wife is entitled to receive. In his recommendation, the
Master has considered that husband will have additional income from
part-time employment.
Likewise, the Master also is of the opinion that wife has an
obligation to contribute to her own support and that even with the
alimony payments that husband will be making, the child support, and
wife's payment from the retirement plan, wife will face a need to find
some additional source of income.
Consequently, both parties are charged with the necessity of
finding some additional means of support as there is simply not enough
income from the retirement and social security supplement to support
both parties and the minor daughter.
In making the alimony recommendation, the Master has also
16
-"-"'-1-"'-'
-
o
o
considered that the social security supplement, which the Master is
considering as income for purposes of making an alimony
recommendation, shall cease in April 2007. However, as previously
noted, the regular social security payment should begin at that time.
The Master believes that considering the social security supplement as
income rather than as an asset for distribution allows more flexibility in
looking at the respective needs and incomes of the parties in reviewing in
the future the alimony payments. The alimony amount can be reviewed
at any time upon a showing of changed circumstances of a substantial
and continuing nature.
RECOMMENDATION
ALIMONY
Husband shall pay to wife the sum of $750.00 per month
through the Cumberland County Domestic Relations Office to begin upon
the entry of a divorce decree in these proceedings. The amount and
duration of alimony shall be subject to modification and termination on
petition of either party as allowed under Section 3701 (e) of the Domestic
Relations Code. Specific termination provisions under the Domestic
Relations Code will also apply.
17
_\ -I" " . ~ c -"~
o
o
DISCUSSION
COUNSEL FEES AND COSTS
No testimony was offered with respect to wife's claim for
counsel fees and expenses. Nor was the matter briefed by counsel. Mr.
Spare did point out in his brief that there was no evidence to support a
claim for counsel fees and expenses which the Master has noted above.
In any event, based on the economic circumstances of these parties, it is
unlikely that the Master would have made any recommendation that
would have included a payment from husband to wife for counsel fees
and costs.
RECOMMENDATION
COUNSEL FEES AND COSTS
Wife's claim for counsel fees and costs is denied.
Respectfully submitted,
fJ2iJ:~~
E. Robert Elicker, II
Divorce Master
18
'C"""'"
. '.' - ""fl::'-,'":/
.".
()
o
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs,
NO. 00 - 1380 CNIL
CARYNG. ROTH,
Defendant
IN DIVORCE
(Tuesday, February 5,2002)
THE MASTER: We took a recess following the testimony on the issue of
the date of separation. The Master has indicated that he would like to have counsel
prepare memorandums in support of their specific positions, so the Master is going to
defer any decision on the finding with respect to the date of separation today. We are
going to continue, however, with the testimony on the factors relating to equitable
distribution and alimony. Counsel have indicated that they have certain stipulations
which they are going to place on the record which we will do first and then we will hear
the testimony of the parties relating to the factors.
The issues that are going to be presented involve percentage of
distribution among other things and who gets what assets. There is also an issue that the
Master has been advised of regarding how we handle the retirement incentive that Mr.
Roth received from his employer.
In addition to dealing with the date of separation issue and the memos,
counsel will also suggest to the Master how the assets should be distributed and how the
enhanced pension benefits should be treated. Mr. Andes.
MR. ANDES: The parties stipulate to the identity and value of the
following marital assets:
I. The parties sold their former marital residence and the proceeds of the sale consist
of the following:
"~
""1-' "'- ~
, .
o
o
a) There is an escrow account being held by counsel for both parties which
had a balance at January 15,2002, of $70,633.00.
b) The parties previously distributed $25,000.00 to each of them as interim
advance and so they have received an additional $50,000.00 from the sale of the house.
c) At the time of settlement the arrears owed on the spousal and child support
order were paid from the joint funds although that was an obligation of Mr. Roth and thus
the funds remaining from the net proceeds of sale should be increased by $2,224.00.
Thus the total net proceeds of the house are $122,857.00 at this time and those funds are
available for distribution with credit for prior distributions as noted.
2. During the marriage Mr. Roth was employed by United Water Company and
participated in their 40 1 (k) plan. Some time in 2000 or 2001 he withdrew the remaining
funds in that account and transferred them into an individual retirement account in his
name alone with Saloman Smith Barney. That IRA has a balance as of the 31st of
December 2001 of $44,283. 14 which is available for distribution.
3. During the marriage Mr. Roth had an individual retirement account with the
Vanguard Group. He liquidated that some time in 2000 or 2001. When he liquidated it
he received $11,690.82 which he has retained or spent.
4. At some point in 2000 Mr. Roth borrowed from his 401(k) plan with United
Water Company approximately $12,000.00. From the time he made that loan until he
closed out the 40 1 (k) plan in March 2001, he made principle payments, which reduced
the balance owed on that loan to $8,784.00. He received that money and used it for his
own benefit. The parties agree, therefore, that the balance owed on the loan at the time
the 401(k) was rolled into Mr. Roth's IRA should be added to the present value of his
IRA which would increase that to $53,067.14 which is the value for equitable distribution
ofthat asset.
5. Mr. Roth retired from the United Water Company and he receives a pension
payment which consist of two parts. The first part is his regular retirement payment of
$1,507.00 per month, which will be paid to him for life. The second part is an early
retirement annuity which is the amount of $1 ,044.00 per month and which will be paid to
him through the end of April 2007. There is no survivor's annuity or continuing benefit
for Mrs. Roth.
MR. SPARE:
The characterization ofthe $1,044,00 payment mentioned early is called a social
security supplement payable to age 62. If Mr. Roth had not retired early, his monthly
payment on his life annuity would be $1,244.Q1 rather than the $1,507.69.
MR. ANDES:
I,
'--,~ . ""'l- "---~ '''",
o
o
6. Mr. Roth's date of retirement was December 31,2000.
7. Husband owes Mrs. Roth $264.54 as his share of an electric bill that she
previously paid.
8. The parties stipulate that for purposes of our equitable distribution of marital
property, the Jeep has a fair market value of $14,600.00,
9. The parties, by agreement, liquidated an investment account and each of them
received a distribution of $5,000.00 from that fund as an advance on their share, and the
balance, which was approximately $7,000.00, was spent by their mutual agreement to
make improvements to the marital residence to facilitate its sale and the balance left in
that account at this time is $132.00 which is the fund that Mr. Spare is going to transfer
into the real estate escrow account.
THE MASTER: Mr. Spare, do you agree with the stipulations?
MR. SP ARE: Yes. I would only identify that fund a little bit more
specifically as the Vanguard Ginnie Mae fund; that's how it was referred to by our
clients.
cc: Philip H. Spare
Attorney for Plaintiff
Samuel L. Andes
Attorney for Defendant
" ^ '.- -, I: ,';,~'~ ,. i
;j
co
Commonwealth of Pennsylvania
County of Cumberland, ss:
ROBERT F. ROTH,
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Plaintiff
vs.
No. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
Motion for Appointment of Master
CARYN G. ROTH, Defendant moves the court to appoint a Master with respect to the
following claims:
(xx) Divorce
( ) Annulment
(xx) Alimony
(xx) Alimony Pendente Lite
(xx) Distribution of Property
( ) Support
(xx) Counsel Fees
(xx) Costs and Expenses
and in support of the motion states:
1. Discovery is complete as to the claim(s) for which the appointment of a Master is
requested.
2. The Defendant has appeared in the action by his attorney, Philip H. Spare, Esquire.
6e,,_:h;)... ~o, (~ oV' '330l (c\
3. The statutory ground(s) for divorce are: diveree, aliFReAy,~eAy I'eAeleAte I1tQ,
distrisbltisA. 9f ~n~pert',', ~8l:JRSel 1.5(:,.3 aRa seats eRg ~'I(pe-nC!~,
4. Check the applicable paragraph(s).
(XX) The action is not contested.
( ) An agreement has been reached with respect to the following claims:
(X ) The action is contested with respect to the following claims:
Nl<a~I~ da.;wrs )~~~ ~.
5. The action : I III/C10es not involve co~ex issues of law or fact.
6. The hearing is expected to take 1 day
I I).:,:":;o,o,m",oo, " ,oy, ",~'"," <h, m~, n
Date '-J" Sa I. Ande v ~
Attorney for Defendant
l
AND NOW, .;2.,. 2001, f.. ~ ~ , Esquire,
fL '0'2-61 - Ff'
Po J.
;-'""" -~~
..
~I-^
,
jj!~~~[Iili!tfl!l.UlI'!M._'-~--='> - ,
~ l:!lil~M,~0!J;:1~i!If..t;ihl~iilm!!i1
FILED-DfFICE
, 0'. '" ,,.. DC""", '('~rr\T'Any
'I" :1':1: i-':;o-/~~'"h..)iNj-'.n
01 AUG -2 At'\ 9: uQ
CUMBERLI\I~D COUN'TY
PENNSYLVANIA
'...0
C"_
"e'.-
~^;.:1
-~~2
-"
": .:;~
-~(,~
,. i~~ [.L
ll-L"'[
---....
..'
CJ
II -.M'~""
~""i
( \"\,
" - ~ t.
\,
"\.,.
.,\,
"' "__ljiiilliii.!i~"'<"
t..
l; i \
'\ \,; 1,.
\~
I
I
~
,
,
,
-" "~
. ~ ~
~
.
f2 0 tI.
vs.
-
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO.
CIVIL
19
Defendant
IN DIVORCE
STIPULATION OF PARTIES AND COUNSEL
A) Plaintiff: Name, address, age, occupation
~()0BRT 'P R?57JI
LI~ ~ ,;11~N 5'"7lf!e:.'t;.{
7~ CJ;.I .4tc."i' Uf;}6 PA 17dr.5"'
. j1mer:-~
I+~ ; ,5'b UJA:mf! iQIJPh.tTY V"l1'froJ1f-6'ti7P
Defendant: Name, address, age, occupation
C~'1 Re,4l, - 2.015 H.:...JV.::>Jd-t7ve
~C"_: <t9 ~f f1,"V) 'PI) 170) l
h~J"!;(?...J,,/;e '}.. ~~6V
-
B) When the method of service of the complaint has been by
registered (certified) mail:
C)
The siqnature on the return receipt card is the
siqnature of the Defendant.
Date and place
I'
. ., ~
of marriage:
~ /;;;zs II'=r8t
, ,
IYllvPUl1'1l Cot..hJ('( I ,Pit
,".-
.,-, ' ..,
~
D) Plaintiff: Residences in the Commonwealth of Pennsylvania
and length of time at each residence
#oif.. €' ~tk tJ 57: ~ I!&II&)
~ ~-r 6 ~J\J/r.I~
Defendant: Residences in the Commonwealth of Pennsylvania
and length of time at each residence
'201 S- H-:"'/I ~':>. ~cl 511/e
C:o~-f ~ ~ -p~
~~re ~/ 2Q)o
E) Child or children: Name(s), age(s), residence of each child
and with whom child is residing.
i2A:V6'rlG'Q? j~/G ~frI, - Acf?E'": 1;;<
[JO & 't//3 /~CJ ;e~S1f}t3 t..v/
()~i/)tIhiI cjtf-Ro/N ~
F) Grounds for divorce:
'73>0 I (c )
We, parties and counsel in the above captioned
divorce proceedings have read the statements set forth above and
agree that the information provided herein is true and correct,
,-~ .1_'~_"l', ~>~-l-. "-' .., "-
.
and we stipulate that said facts can be made part of the record
as if specifically testified to under oath at a hearing in these
proceedings.
Plaintiff: Date: Counsel for Plaintiff:
R& b ~ t 1- If) tt- 2-)-0Z. ()YltGP e
Defendant: Date: Counsel for Defendant:
C~ 8 /2,6M <"b'""' ~
Jne '7) 2JJD2-
"I' ,.-,*".
...
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Vs.
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE:
Tuesday, November 20, 2001
THE MASTER: Present for the Plaintiff,
Robert F. Roth, is attorney Philip H. Spare, and present for
the Defendant, Caryn G. Roth, is attorney Samuel L. Andes.
A divorce complaint was filed on March 9,
2000, raising grounds for divorce of irretrievable breakdown
of the marriage and the economic claim of equitable
distribution. Counsel have indicated that the parties 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.
On April 7, 2000, wife filed a petition
raising on her behalf the claims of equitable distribution
alimony, alimony pendente lite and counsel fees and expenses.
Counsel have indicated that there will be no
testimony with respect to the factor of marital misconduct as
that factor may affect wife's alimony claim.
? The parties were married on February 25,
198~, and separated May 1999. They have a minor child of
this marriage who is living with the mother. Wife has a son
to a prior marriage who is emancipated but he also lives in
her residence.
Husband is 56 years of age and resides in
Camp Hill, Pennsylvania. His mailing address is P.O. Box
1063, Camp Hill, Pennsylvania. Counsel indicated they believe
he is living alone. He has a college degree which we believe
is a Bachelor's degree; counsel are not sure whether he might
also have a Master's degree. In any event, he is currently
working part-time in the water quality engineering department
of Gannett Fleming and is retired from United Water where he
worked as an engineer. We estimate his net monthly income to
be around $2,800.00 from the retirement payout and his
part-time employment. Husband is under the care of a
i"'~_" .~
, " ..,~ ", .
...
physician for depression. Currently he is paying spousal
support in the amount of $558.00 per month and child support
in the amount of $592.00 per month.
wife is 49 years of age and resides at 2015
Harvard Avenue, Camp Hill, Pennsylvania, where she lives, as
noted above, with the two children. She is renting the
property where she is living. wife is a high school graduate
and is unemployed. She suffers from clinical depression and
anxiety and is under the care of a physician and takes
medication. There has been some discussion about whether or
not we should assign wife an earning capacity and counsel can
determine how they may want to develop that issue if we go to
a hearing. The Master has suggested that counsel consider
whether or not wife would be eligible for SS1. Also the
Master has inquired about wife's continuing medical benefits,
the costs of those benefits, and whether or not drug
prescription payments would be available. Counsel are going
to continue to inquire about the best way financially to care
for wife's medical and prescription needs.
The Master, with respect to the alimony
claim, has also indicated that he would be inclined to keep
the alimony issue viable because of wife's continuing health
problems, and that one of the ways that he might consider
applying an alimony award would be to recommend that husband
continue to pay wife's medical insurance coverage and perhaps
some costs toward her medication. The Master, however, is
making this statement generally because he does not have all
of the information he believes is necessary to make an
unqualified statement regarding the alimony issue. The
statement that the Master is making in this report is simply
advisory and indicates the Master's thinking at this time
based on the information that has been provided at this
conference.
The house that the parties owned at 502
Pawnee Drive, Mechanicsburg, Pennsylvania, was sold and the
parties distributed some of the proceeds as an advance
distribution and the balance of around $69,000.00 was placed
in an escrow account at Orrstown Bank.
Wife has a 1998 Jeep Grand Cherokee.
The Vanguard GNMA account was expended by
paying monies to each of the parties and paying for home
maintenance and preparing the marital home for sale.
Husband has a pension which is in pay status
and Mr. Andes had indicated, according to his calculations,
)'-1"
",
',r-~
that approximately 47.3% is marital. There is also a 40l(k)
and Mr. Spare is go~ng to inquire of his client as to the
whereabouts of those funds since we believe they were rolled
out of the 40l(k) into another account.
The parties also have an IRA with Vanguard
and the amount of money in that account is around $10,500.00
as of the end of 1999.
With respect to household tangible personal
property, it is assumed that each party removed from the
marital home the property that they wanted and that we are not
going to have to get into issues regarding the transfer of
personalty. It is also at this point assumed that we are not
going to use any values for the property that each party
received in the equitable distribution computation.
The parties have no marital debt except there
is a dispute regarding an electric bill and a credit to wife
which she may be entitled to on account of payment of support
arrearages from the proceeds of the sale of the marital home.
I am going to ask each counsel to briefly go
on the record and indicate what they may wish other counsel to
provide or what information they are going to try to obtain in
order to get the case ready for conference. The Master is
going to schedule a conference with parties and counsel in
January and also schedule today a hearing in February if the
case cannot be settled at the conference. Mr. Spare.
MR. SPARE: I will ask my client to give me
updated information regarding his 401(k) and the whereabouts,
identification of the account, and value of that currently.
I will also inquire as to his part-time work
status and the amount of income he is deriving from that.
I am also going to ask my client to get
detailed information regarding the COBRA coverage available,
the cost of the coverage, and who is currently paying for that
coverage.
MR. ANDES: My client is not in control of
..~
--
.,-"--, - ,
.
any of the financial assets. I am going to ask her whether
she concurs that we need not have any of the personal property
reviewed or disputed.
I am going to ask her about the value of the
Grand Cherokee and if she disputes the $16,700.00, have her
take it somewhere to get it appraised.
I am going to ask her to produce some
information about her current medical condition, if nothing
else, a list of any medication she is taking and who
prescribes them.
I am going to ask her to look into what
health insurance could be available to her through the social
security administration, through COBRA, or otherwise.
THE MASTER: And that includes the SSI?
MR. ANDES: Yes. And primarily what I am
interested in, and I think what we need to do is get some
updated information that Mr. Spare just outlined about those
remaining assets.
Mr. Spare, do you get monthly statements on
that escrow account?
MR. SPARE: Yes. I just received one
yesterday and it is seventy thousand dollars and some change.
THE MASTER:
A conference is scheduled with
counsel and the parties for Wednesday, January 2, 2002, at
9:00 a.m. A hearing is scheduled for Tuesday, February 5,
r'
~
.
2002, at 9:00 a.m.
Notices will be sent to counsel and the
parties.
cc: Philip H. Spare
Attorney for plaintiff
Samuel L. Andes
Attorney for Defendant
'~:"~ _, If ,',"- "c,,_
E. Robert Elicker, II
Divorce Master
Ii
,
~;
Ii
~i
~!
'i
,i
~I
~I
~I
~!
II
I
I
J
Ii'..
~
'-
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci do Colyer
Office Manager/Reporter
West Shore
697-0371 Ext. 6535
February 6, 2002
Philip H. Spare, Esquire
SNELBAKER, BRENNEMAN & SPARE
44 West Main Street
Mechanicsburg. P A 17055
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
RE: Robert F. Roth vs. Caryn G. Roth
No. 00 - 1380 Civil
In Divorce
Dear Mr. Spare and Mr. Andes:
Enclosed you will find a draft of the stipulations which were placed on the record
Tuesday. February 5. 2002. If you have any questions or corrections regarding the
stipulations, please advise inunediately. Otherwise, they will be made part of the record
and will be controlling on me with respect to the findings, which I will make regarding
the assets and distribution.
Counsel, as agreed upon, will have their memorandums to me by Friday, March 1,
2002. The issues are fairly clear and I expect counsel to suggest how the assets are to be
distributed.
Inasmuch as the record was closed and there is no testimony regarding the claim
for counsel fees and expenses, I will consider that claim withdrawn.
?-." -" --,~
-1""+'1'--:-; :,c ~ "
-,'"' ,-.~. ? '"
,d,. ~_"__" .. ~ ."."-
,...
~'_'~_I'_O_~.;__ _-\"'~"~"_' _,_ .M__
II
'I
'I
i
il!
...
;
Mr. Spare and Mr. Andes, Attorneys at Law
6 February 2002
Page 2
Mr. Spare needs to return to me his client's affidavit and waiver with the proper
dates for filing with the Prothonotary.
Very truly yours,
E. Robert Elicker, II
Divorce Master
-';;>C~_'~cr-, ,1~Tir- r -'
- - ~
"
Buchart-Hom, Inc.
445 W. Philadelphia Sl.
PO Box 15040
York, PA 17405-7040
DIRECT DEPOSIT STATEMENT
OATE
12/28/2001
AMOUNT
$211.17
PAY TWO HUNDRED ELEVEN DOLLARS and 17 CENTS
TO THE
ORDER
OF
Robert F. Roth
402 E. Main Street
Mechanicsburg, PA 17055
Bank Routing No. Bank Account Number
031000503 1010008234210
Deposit Amount
211.17
!I 2607 07 Roth, R. F, 207-34-5624 12/22/2001
EMPLOYEE NO. DePARTMENT EMPLOYEE NAME SOCIAL SECURITY NO. PERIOD END CHECK NO.
EARNINGS HRSJUNITS CURRENT AMOUNT YEAR TO DATE DEDUCTIONS CURRENT AMOUNT YEAR TO DATE
Regular Pay 9.000 270.00 15840.00 Fed. Income Tax 25,21 2372.24
Fed. Medicare 3.92 229.71
Fed. Soc. Sec. 16.74 982.08
PA State Tax 7.56 443.52
PA OPT - York 0,00 10.00
PA Central Daup 5.40 316,80
,
,
..
:
.'.
:
i
I
~
I
,
I
1 VACATION BAL 0.000
!j
~ ILLNESS BAL 0.000
I
"
~i 2400.00 270,00 58.83 211.17 15840.00 4354,35 11485.65
:!
!1
PAY RATE CURRENT EARNINGS CURRENT DEDUCTIONS NET PAY Y.T.D. EARNINGS V.T.D. DEDUCTIONS V.T.D. NET PAY
Buchart-Hom, Inc.
"""1 _"
-r',"--'
,
.~.t....
United Water '9('0
;.-" @
December 13, 2001
United Water
Management and Services
200 Old Hook Road
Harrington Park, NJ 07640.1799
telephone 201 7849434
Philip H. Spare
Snelbaker, Brenneman & Spare
Attorneys at Law
44 West Main Street
Mechanicsburg, PA 17055
Re: RobertF.Roth
Caryn Roth
Dear Mr. Spare:
Presently Mrs. Roth is covered under Mr. Roth's plan, which is the United Water Retiree
PPO Medical Plan, which is administered by United HealthCare. Mrs. Roth would be
eligible to continue in the Plan for up to thirty-six months from the date of loss of
coverage as a dependent under Mr. Roth's policy.
The PPO Plan is a comprehensive 80/20 plan that allows participants to go to any doctor
they choose. If the provider accepts United HealthCare's PPO Plan, the participant pays
20% of a reduced rate for eligible, reasonable and customary expenses, after an annual
deductible has been satisfied. The Plan also provides for prescription coverage. If the
provider does not accept United HealthCare's PPO Plan, then the Plan pays 80% of
eligible, reasonable and customary expenses, after an annual deductible has been
satisfied.
Monthly COBRA rates for 2002 are as follows:
Employee Only (Single)
Employee Plus One dependent:
Family
$328.44
$656.96
$985.40
Once we are notified that Mrs. Roth is no longer an eligible dependent on Mr. Roth's
coverage we will send her a COBRA letter. Mrs. Roth will have 60 days from either the
date of the letter, or the date coverage ends, whichever is later, to elect coverage,
I believe this addresses all your questions. If you should need further information please
do not hesitate to contact me at (201) 767-9300, extension 3098.
sincez;,fhfuu
~U~
Senior Benefits Specialist
Ijrc
, ~, ' "'-"" -"J
-",'" ,.'."
-,
.0 _,
1--
g-'ij
r.~
" '.~
~~~
"."_0
..,"'"
~;" _ _Q"'"1!
"'~~~~~M'J!~~fJiI~~,,~l::Il:!im!l~_!!I
"'WaY.ln'oint
IBAN K
Mon Jan 14, 2002
ACCOUNT NO: 2300000408
RESEARCH IMAGE REQUEST
CARYN GROTH
2015 HARVARD AVE
CAMP HILL PA
The lmage(s) ShOWA below
represent official copies of
original documents processed
by our Institution.
CARYN G. ROTH
PA D1.# 15582486
110-7231117
2313
DA:!119.0!.?I:f1 0
I $ ~.C1jO, lli
1581
.~~ Kl.f!th.t 1-. tHh
-tr. :AJt..-i. f."''10 rL'1'l..ct ~\.L C1 ffl.
I
etl~~l~
-'"
DOLLARS 1!I1S:'=
MEMO
.
~2~~3?2~B?~2300000~oa~
!'
j,
.................
4582700
12/21/00
4000.00
~ =
~ ~
..
~ ~
" t -r-:::-:.
" ;,;
.. .. <0 ;
.. ..,. V- ii
.. ~ .11
.. .. ..
.
.~ I , ~-
" ~
.:
I .'
.G31GIZl/ZllZll1<ff (,..>, -r:l
f\WIl-P.!l ~ - 0
I'IIlll<<U'IIlM'A ~i r
t)=1?9!6f:32? ..
. .,
~
.~
,
.
. .
"
'. -. =-.
, . ~ '"
: .f"_
- of... i ~
c ..
:' :.
"
<
~ <
..
,"
I'
..
....
to
CARYN GOLDMANRO'lli,
Plaintiff
,
i
: In the Court of Comm.on Pleas of
: CUMBERLAND C01,lnty,
: PENNSYLVANIA
v,
: Civil Action - Law
: No. 95-220
ROBERT FRANK ROTII,
Defendant
i
: I
,
: Protection From Abuse and
: Custody
FmALORDEROFCOURT
\.
Defendant's Name is: ROBERT FRANK ROTH
Defendant's Date of Birth is: April 17, 1945
Defendant's Social Security Number is: 207-34-5624
Name(s) of All protected persons, including Plaintiff and minor children:
1. CARYN GOLDMAN ROTH
AND NOW, this 21st Day of March, 2001 the court having jurisdiction lJver the
parties and the subject-matter, 'it is ORDERED, ADJUDGED and DECREED as
follows: .
Plaintiff, Caryn Goldman Roth, is represented by Joan Carey ofMidPenn L~gal
Services; Defendant, Robert Frank Roth, is represented by Philip H. Spare M
Snel'baker Brenneman & Spare,
Defendant, although agreeing to the terms of this Order, does not admit the: allegations
made in the Petition.
Plaintiff's request for a fmal protection order is granted. I
1. Defendant shall not abuse, stalk, harass, threaten the Plaintiff or any other protected
person in any place where they might be found.
."
\
2. Defendant is completely evicted and excluded from the residence at:
2015 Harvard Avenue
Camp Hill, PA 17011
or any other residence where Plaintiff or any other person protected under this
Order may live, Exclusive possession ofthe residence is granted to Plafutiff.
Defendant shall have no right or privilege to enter or be present on the premises of
Plaintiff or any other person protected under this Order. i
!
i
3. Defendant is prohibited from having ANY CONTACT with the Plaintiff, or any
other person protected under this Order, at any location, including but ~ot limited to
any contact at Plaintiff's school, business, or place of employement. Defjllldant is
specifically ordered to stay away from the following locations for the dutation of this
order.
Plaiutiff's current residence listed above and any other residence that she may
establish for herself during the term ofthis Order.
The school ofthe minor child.
I
4. Defendant shall not contact the Plaintiff, or any other person protected ~hder this
Order, by telephone or by any other means, including through third persqus.
. 5. Defendant shall immediately turn over to the Sherift's Office, or to a local law
enforcement agency for delivery to the Sheriff's Office, any fireanns license the
Defendant may possess, and the following weapons used or threatened to be used by
Defendant in an act of abuse against Plaintiff and/or the minor children. .
1. Any and aD firearms and/or weapons, including, bnt not:'
limited to, the following:
2. handguns,
3. rifles, aud
4. shotguns.
5. Auy of Defendaut's firearms and/or weapons currently in the
custody ofthe Cumberland Couuty Sheriff's Department
shaD remain in!the Sheriff's custody for the duration oftlIe
Temporary Prlitection Fl'Offi Abuse Order. .
~
.C.
, ,
-
...
6. Defendant is prohibited from possessing, transferring or acquiring any other firearms
license or weapons for the duration of this order, The Defendant has 30 days after
expirations of this order to petition the Court for return of confiscated weapons,
Defendant may, upon the expiration of this Order, request that the she!iff return any
firearms and/or weapons held pursuant to this Order. The sheriff shall detennine if
Defendant is otherwise legally entitled to possess the firearms and/or weapons. If the
Protection From Abuse Order has expired and Defendant is legally entitled to
possess firearms and/or weapons, the sheriff shall present an Order to the Court
authorizing that the firearms and/or weapons be returned to Defendant.! Otherwise,
the sheriff shall notifY Defendant that he/she must file a petition with th~ Court
seeking a return of the firearms and/or weapons, in which case the Cou~, upon
petition, will schedule a hearing with notice to Plaintiff. .
7. The following additional reIiefis granted as authorized by ~6108 ofthe ~ct:
Defendant is prohibited from having any contact with Plaintiff's relatives.
Defendant is ordered to refrain from harassing Plaintiff's relatives.,
Defendant is enjoined from damaging or destroying any jointly owned
property or any property owned solely by Plaintiff.
The conrt costs and fees are waived.
8. BRADY INDICATOR
. The Plaintiff or protec~ed person(s) is a spouse, former spouse, a ~erson who
cohabits or has cohabited with the Defendant, a parent of a common ~hiId, a
child of that person, or a' child of the Defendant.
. Paragraph 1 of this Order has been checked to restrain the Defendant from
harassing, stalking, or tln'eatening Plaintiff or protected person(s). .
. The terms of this order prohibit Defendant from using, attempting to use, or
threatening to use physical force against the Plaintiff or protected person that
would reasonably be expected to cause bodily injury. .
9. A certified copy of this Order shall be provided to the police department where
Plaintiff resides and any other agency specified hereafter:
CAMP HILL POLICE DEPARTMENT
l
i
I
\'
i
i
i
!,
,
~
!
Ii
"
~
!
!
I
'0
I;,!
10. THIS ORDER SUPERSEDES:
1. ANYPRIORPFAORDER
11. All provisions ofthis order shall expire on: September 21, 2002
NonCE TO THE DEFENDANT
VIOLATION OF TIIlS ORDER MAY RESULT IN YOUR ARREST ON THE
CHARGE OF INDIRECT CRIMINAL CONTEMPT WHICH IS PUNISHABLE BY
A FINE. OF UP TO $1,000 AND/OR A JAIL SENTENCE OF UP TO Srfx
MONTHS. 23 PAC,S. ~6114. VIOLATION MAY ALSO SUBJECT YQU TO
PROSECUfION AND CRIMINAL PENALTJES UNDER THE PENNSYLVANIA
CRJMES CODE,
THIS ORDER IS ENFORCEABLE IN.ALL FIFTY (50) STATES, THE DISTRICT
OF COLUMBIA, TRIBAL LANDS, US. TERRITORIES AND THE .
COMMONWEALTH OF PUERTO RICO UNDER THE VIOLENCE AGAlNST
WOMEN ACT, 18 US,C, 92;265. IF YOU TRAVEL OUTSIDE OF THE STATE
AND INTENTIONALLY VIpLATE TIIlS ORDER, YOU MAY BE SUBJECT TO
FEDERAL CRIMINAL PROCEEDINGS UNDER THAT ACT, 18 US,C; 992261-
. ,
2262, IF THE BRADY INDICATOR PARAGRAPH APPEARS IN THE:ORDER,
YOU MAY BE SUBJECT TO FEDERAL PROSECUTION AND PENALTIES
UNDER THE "BRADY" PROVISIONS OF THE GUN CONTROL ACT, 18 US.C,
9922(G), FOR POSSESSION, TRANSPORT OR RECEIPT OF FIREARMS OR
AMMUNITION. .
NOTICE TO LAW ENFORCEMENT OFFICIALS
The police who have jurisdictipn over the plaintifi's residence OR any location where a
violation of this order occurs ~R where the defendant may be located, shall enforce
this order. An arrest for violation of Paragraphs 1 through 6 of this order Il]Iay be
without warrant. based soley on probable cause, whether or not the violation is
committed in the presence of the police. 23 Pa,C,S. 96113, '
Subsequent to arrest, the police officer shall seize all weapons used or threlftened to be
used during the violation of the protection order or during prior incidents of abuse.
The Cumberland County Sh~riff's Department shall maintain possession of the
weapons until further order ofthis Court,
When the defendant is placed under arrest for violation of this order, the defendant
shall be taken to the appropriate authority or authorities before whom defe~dant is to
be arraigned. A "Complaint for Indirect Criminal Contempt" shall then be completed
and signed by the police officer OR the plaintiff. Plaintifi's presence and signature are
not required to file the complaint.
.
.
.
.k
If sufficient grounds for viola#on of this order are alleged, the defendant shall be
arraigned, bond set and both parties given notice of the date of the hearing.
If entered pursuant to the consent of Plaintiff and Defendant:
rfL~rLrvtt11-1\.' PvF>f-h . K.~ ~.lA t '\. . [~lI::T-"'---'---
Caryn ld Roth, Plaintiff. Robert Frank Roth, Defen<lant
~a..-~ ~i .
an Carey, Attorney fi laintiff.. P~P . Spare, Attorney for Defendant
MidPenn Legal Services Snelbaker I}renneman & Spare
8 Irvine Row 44 West Main Street
Carlisle, PA 17013 Mechanicsburg, PA 17055
Distribution to:
Joan Carey, Attorney for Plaintiff
Philip H. Spare, Attorney fqr Defendant
FAXed and mailed to PSP
~ -".
-
" .
"'-:T-,--^:
ROBERT F. ROTH,
plaintiff
IN THE COURT OF COMMON PLEAS O'F
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
CIVIL ACTION - LAW
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
CONFERENCE WITH
COUNSEL AND PARTIES
TO: Philip H. Spare
Robert F. Roth
, Counsel for Plaintiff
, Plaintiff
Samuel L. Andes
Caryn G. Roth
, Counsel for Defendant
, Defendant
A conference has been scheduled at the Office of
the Divorce Master, 9 North Hanov~r Street, Carlisle,
Pennsylvania, on the 2nd day of January, 2002, at 9:00 a.m.,
with counsel and the parties to discuss the outstanding
economic issues to determine if there is a basis of
settlement of claims. If issues remain after the
conference, a hearing will be scheduled at another date.
Very truly yours,
Date of Notice: 11/20/01
E. Robert Elicker, II
Divorce Master
-"I
ROBERT F. ROTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 00 - 1380
CARYN G. ROTH
CIVIL ACTION - LAW
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Robert F. Roth Plaintiff
Philip H. Spare Counsel for Plaintiff
Caryn G. Roth Defendant
Samuel L. Andes 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
5th
day
of February
, 2002
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.
'y , e~"
.. ,,;. ,: D,.
President Judge
Date of Order and
Notice: 11/20101
By:
Divorce Master
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 ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
TELEPHONE (717) 249-3166
". '''1
-."
'"-"
)-
....
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci Jo Colyer
Office Manager/Reporter
West Shore
697-0371 Ex\. 6535
August 16,2001
Philip H. Spare, Esquire
SNELBAKER, BRENNEMAN & SPARE
44 West Main Street
Mechanicsburg, P A 17055
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, P A 17043
RE: Robert F. Roth vs. Caryn G. Roth
No. 00 - 1380 Civil
In Divorce
Dear Mr. Spare and Mr. Andes:
Both counsel have certified that discovery is complete. Therefore, we will not
need to discuss any discovery issues at the pre-hearing conference; therefore, I am going
to go forward with a directive for pretrial statements.
A divorce complaint was filed on March 9, 2000, raising grounds for divorce of
irretrievable breakdown of the marriage and the economic claim of equitable distribution.
On April 7, 2000, the Defendant filed a petition for economic relief raising claims for
equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses.
I aSSUlne that the parties will either sign affidavits of consent and waivers of
notice of intention to request entry of divorce decree or have been separated in excess of
two years.
In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a
pretrial statement on or before Friday, September 14, 2001. Upon receipt of the pretrial
statements, I will immediately schedule a pre-hearing conference with counsel to discuss
~ . ,--o_~ ' """ -I',_---_';~~-_<,r, " " " .", - -; ~- - - ,
'-,,-
< ,
,--'.' I
,-~- ,-
-
}
Mr. Spare and Mr. Andes, Attorneys at Law
16 August 2001
Page 2
the issues and, if necessary, schedule a hearing.
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE:
Sanctions for failure to file the pretrial statements are set
forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRETRIAL STATEMENT SHOULD BE FILED
IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY
TO OPPOSING COUNSEL.
FAILURE TO FILE PRETRIAL STATEMENTS AS DIRECTED
BY THE MASTER MAY RESULT IN THE MASTER'S
APPOINTMENT BEING VACATED.
Nt _ ~,-' ,'I"'
'".
"
LAW OFFICES
SNEL8AKER.
BRENNEMAN
Be SPARE
I
1'-
"
I
ROBERT F. ROTH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2000 - 1380
: CIVIL ACTION - LAW
CIVIL TERM
CARYN G. ROTH,
Defendant : IN DIVORCE
ORDER
AND NOW, this I)~ day of June, 2000, upon consideration of the request
contained in Plaintiffs counsel's letter of June 12, 2000, a hearing is hereby
scheduled to be held before the undersigned in Courtroom No.5 of the Cumberland
County Courthouse on Monday, the 3rd day of July, 2000, commencing at 9:30
o'clock A.M. J{ It"'''.:fs c.--t ~/4 ~ ()~)~
. :./.. ;.If"""""'X J~ ~ ~J M..'-
~fIL""- 1 I _ '-k~~~C-II~~
~ -t; e.,"Q'" ""^' /'" ~ . ,
~ (/'V\. III ~r)l,l-' By the Cour
Edward E. Guido, J.
bWvf1fJl
k -/3 -00
RKs
~ ~ ~~I .aiIi6Iili
""'-'",,'j"
...... ""0" .,
..,
~~
F!L.ED-{}f:'F1CE
r"\:-- -'~-"--T) Ir" lr't""'i~RV
\...1:" , i";'__.',I";I,-j~\Jil"\1
00 JUN 13 Ml 8: 52
CUJviBERLAl\jD COUNTY
PENNSYI.Y,6NIA
.... .,
,
,..
l"i
SNELBAKER, BRENNEMAN S SPARE
A PROFESSIONAl.. CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C. SNELBAKER
KEITH O. BRENNEMAN
PHIUP H. SPARE
717-697-8528
P. O. BOX 318
FACSIMILE (7J7) 697-7681
June 12, 2000
The Honorable Edward E. Guido,
Cumberland County Courthouse
One Courthouse Square
Carlisle, P A 17013
Re: Roth vs. Roth
No. 2000 - 1380, Civil Term
In Divorce
Dear Judge Guido:
Our firm represents Robert F. Roth, Plaintiff in the above referenced matter. By Order
dated May 3, 2000, a copy of which I enclose herewith for your convenience, you scheduled a
hearing on Defendant's Petition For Exclusive Possession of Marital Residence for Monday, July
3, 2000, at 9:30 A.M.
A second issue in this case is ready for disposition. Plaintiff has a Petition For Special
Relief pending. A Rule to Show Cause was issued on March 16, 2000 by your Honor. Defendant
filed a timely answer to Plaintiffs Petition For Special Relief. I send this letter to request that
the issues raised in Plaintiffs Petition For Special Relief be addressed on July 3, 2000 at 9:30
A.M., the time already scheduled by the Court to dispose ofthe other issue in this case.
It is my beliefthat the scheduling of the second issue for resolution at the same time at
the already schedule hearing will be in the best interest of judicial economy and does not
prejudice the rights of either party. I send this letter in an effort to avoid the necessity of filing a
more formal Motion in order to accomplish the same objective. If your Honor would prefer that I
file a Motion, I will do so upon your direction.
Enclosed for your convenience is a proposed Order and the necessary envelopes for use by
the Prothonotary's Office,
Thank you for your attention to this request.
~~
Philip H. Spare
PHS:jjc
Enclosures
cc: Samuel L. Andes, Esquire (w/enclosure)
Robert F. Roth
lj
-----
I
MAY - 2 ZO~
il
, 1''-
I
ROBERT F. ROTH,
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
vs.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
ORDER
AND NOW this .j~ day of ..fY7()~, ,2000, upon consideration
of Defendant's Petition for Exclusive Possession of Marital Residence, a hearing is hereby
scheduled to be held before the undersigned in Court Room .5 of the Cumberland County
Courthouse on _-fYl1'\ II r\ ^ y the 3 rod day of
J I d \I , 2000, commencing at q : 30 o'clock -LL.m,
(
BY THE COURT,
/3/ tdJ.J.1{JAd t. du'JI1
J.
Distribution:
Philip H. Spare, Esquire (Attorney for Plaintiff)
44 West Main Street, Mechanicsburg, PA 17055
Samuel L. Andes, Esquire (Attorney for Defendant)
525 North 12th Street, Lemoyne, Pa 17043
0>,_ !I__'
~ . ~
I:,
ft
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
TO: Philip H. Spare
Attorney for plaintiff
Samuel L. Andes Attorney for Defendant
DATE: Monday, August 6, 2001
CERTIFICATION
~ I certify that discovery ,is complete as to the claims
~ for which the Master has been appointed.
(a)
/
. . "t
,. ~
(b)
NOTE:
I
1? /16~()1
( DA E
~INTIFF
COUNSEL FOR DEFENDANT
(>()
( )
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
CIVIL ACTION - LAW
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
NOTICE OF PRE-HEARING CONFERENCE
TO: Philip H. Spare
, Attorney for Plaintiff
Samuel L, Andes
, Attorney for Defendant
A pre-hearing conference has been scheduled
at the Office of the Divorce Master, 9 North Hanover Street,
Carlisle, Pennsylvania, on the 20th of November, 2001, 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: 9/26/01
E. Robert Elicker, II
Divorce Master
I'''"'
"I ' ,-~- -- -'-~ " ,-
~
--
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
TO: Philip H, Spare
Attorney for Plaintiff
Samuel L. Andes Attorney for Defendant
DATE: Monday, August 6, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a)
Outline what .
complete' order to
and i cate whether
rrogatories or
is re is
prep the case for lal
t e are any out anding
scovery motion .
, -, 1:- ~_--
. -'--"
"
~=
"
(b)
Pr ide appr imate da WhenriSC ery~' e
omplete Q ~ndica what acti is be' g taken
to comp te dlSCO ry.
'7 ij.~ .15..t ~7
DATE
~~"'~
COUN L FOR P "TIF ( )
COUNSEL FOR DEFENDANT ()()
NOTE:
f~
. " -,',' ^ -I - ,- ~
',"
,,,-~'-- --
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BQTH COL~SEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
, '
" -~
u
Defendant
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ROBERT F. ROTH,
Plaintiff
vs.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
IN DIVORCE
DEFENDANT'S PETITION FOR ECONOMIC RELIEF
AND NOW comes the above-named Defendant, by her attorney, Samuel LAndes,
and makes the following Petition for Economic Relief:
COUNT I - EQUITABLE DISTRIBUTION
1. During the course of the marriage, the parties 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, Defendant prays this Honorable Court, after requiring full disclosure by
the Plaintiff, to equitably divide the property, both real and personal, owned by the parties
hereto as marital property.
COUNT II - ALIMONY
2. Defendant lacks sufficient property to provide for her reasonable needs in
accordance with the standard of living of the parties established during the marriage.
3. Defendant is unable to support herself in accordance with the standard of living of
the parties established during the marriage through appropriate employment.
4. The Plaintiff is employed and enjoys a substantial income from which he is able to
contribute to the support and maintenance of Defendant and to pay her alimony in
accordance with the Divorce Code of Pennsylvania.
WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding
Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to
support and maintain Defendant in the station of life to which she has become accustomed
during the marriage.
COUNT III - ALIMONY PENDENTE LITE
5. Defendant is without sufficient income to support and maintain herself during the
pendency of this action.
6. Plaintiff enjoys a substantial income and is well able to contribute to the support
and maintenance of Defendant during the course of this action.
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her
reasonable alimony pendente lite during the pendency of this action.
COUNT IV - COUNSEL FEES AND EXPENSES
7, Defendant is without sufficient funds to retain counsel to represent her in this
matter.
8. Without competent counsel, Defendant cannot adequately prosecute her claims
against Plaintiff and cannot adequately litigate her rights in this matter.
9, Plaintiff enjoys a substantial income and is well able to bear the expense of
Defendant's attorney and the expenses of this litigation,
WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal
fees and expenses incurred by Defendant in the litigation of this action.
I verify that the statements made in this Petition for Economic Relief are true and
correct, I understand that any false statements in this Petition are subject to the penalties of
18 Pa. CoSo 4904 (unsworn falsification to authorities).
DATE: 2'7 M~hl. en
r_~ S,(7~
Caryn "G.Fibth
S~~
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
II
COMMONWEALTH OF PENNSYLVANIA
55.:
COUNTY OF CUMBERLAND
CARYN G. ROTH, being duly sworn according to law, deposes and says that the facts
set forth in the foregoing document are true and correct to the best of her knowledge,
information, and belief.
~,~,f~
CARYN G. ROT
Sworn to and subscribed
before me this r:!J7th day
of ~A(l;t..ah , 2000.
~V'r1,LR(~J1J~
Notary bile.
~'-~
_Nfi:~ )
t ~~~J~~~
II
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Defendant's Answer to
Plaintiff's Petition for Special Relief upon counsel for the Plaintiff herein by regular mail,
postage prepaid, addressed as follows:
Philip H. Spare, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Date: 3/3L)/~
~
Attorney for Defendant
- ,._--,.'"~~~=........."""~~"",..."""""'~""'*"""""'_~=_............'""""""'~,,'""-~"'"_c 11 ~~--M
~~-"" " "~,
~-lf~Wi:
/G n I (( 7..fi (ur'u I
--. d --J-i _') .o.'-P.r-;-o.~.~., 70;&-'3; ., ~ ~ ~ - ,
'--'~(1---;:' _-~.~t'r(~'~--'~'~-~~tI ~
- ,__o.____. .--.---- _:t. __WH . - - , t-~~-- _
. .... ' .,.., -..','--..".'..'----'...-..-,--.--,-...,--. '-' ,,---..., '---..._," -..-.J ""'I ...:~, ---. _'M__" '
=_==_ . ~r- ~('iJtf~ - ---~~~~~
-~~: ~~=~~~---.,:-~diL~Z,i~-
- ~~
:-..: ,-- .,~. o.~-~~- i;i:~J:,-~.--_"" 2 ~ k~~n?;4j_.~ I-~/c~ '
__. ,_ A-~i'_~_I.1&);~.~~'k. _ _ _. _
-----~~~->.~ .'" ,. - - , ,.--
-,.-----.,,------ ----,,,-- ---_.-,." -.,---- -------"_._-..-- .-----..----- ----- ----"---------,,,.,,- ---.. - -,,- --- .
1-1- - ~I'- '. ~.:.~
,-ff-~--..~-o~.=,,-. ---
n'___. ~ j'. ......, t...u;o;,.
__n__' ___________._.___.____,_._______~__..___..__._.~___..._____.__......m___.._____ _.,_
-')53-'
~~'tf:f::, -.",-~-:'~. -;t;
-., ~~~
'" ,
.-.---------------------~..-f.i"~---'\-----"--
....~
_:__:::':~=:Vlf_:~_~~ , _ ,
,'- ,_0."" "o.::.._....',-r;;;'~.~_~-t.t ~'L~_~_~.;~'._.,,~~~..,,_
II Yo
--- \~--~
,., m_.._.......'__, on,'_,___'_,'___,__"_'_" ,- ,-. _,.on, - ._u rtftt'"
..,__~,...~.-.-w_~~""j~'".j~fJ~ "..
$ ----------,,"-----,-----
" -- --- ------- --
..- . ",._-, .. --,,-.----.-'
--------.---------".
_.-___ __ - _._ __n ,_.____ ,_ _____,_"'____"'.__ ____".._~__..___._, ________________m ____
,.", .,'_.._----"-~-_.~~-~~~-~~~--
~~-b;Jl:~~.I~~- ~'t~
_.. :~LI~{~;:;:=~~~~ f 6~_1>1- ,,_
- - --
.- ----
" tIJj'-~-..--L't('tJ.~~.,JJ "~
I" t J.... ,
-.. LA UlIIlIo.
-O"illo, __
L_
~~ lil~l/I_
,u_.____.______. .~_~_~______'___.____...~~__"_~__m___~~____
....-'..'.' .Ll~~~~~_~1Y_~_=,...~~-~=S(.~~_ ~~~-~~~..'. .
..._ .m~=~~ =_==-:-_=-=... .....~.~:::;::
,. '.-.-/,2'3
1~~~ ~~~~,~~...r~~~~~..
. -,., ---- .------u..-.-.-.a.'Cc::;t;.~-1-=.-.------.
-=~~~_.
A*~ "'-J~....
_ "____.[~~~__~____~~__m.__"_
".,_._._,_~_~u..,',.,'
."....~~~._.--.,---'-'- ...",.
. ' (;l ,~ ...1. .' , :fj-
.__~_;.'c~,,---.-.._._>..-~~-.--,------,--.---.-~.-.,-,,-___
.__._..__"_,,i,.,,__._,~t!.~.,.~.,.~~-:\.~:~..s+
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
;":"'r
"
,
ROBERT F. ROTH
SfP ~ 5 'DUlY
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 2000-1380 CIVIL TERM
CARYN G, ROTH,
Defendant
: IN DIVORCE
PLAINTIFF'S PRETRIAL STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(b)
TO: E. ROBERT ELICKER, II, DIVORCE MASTER:
AND NOW, comes the Plaintiff, Robert F. Roth, by his attorneys, Snelbaker, Brenneman
& Spare, P. C., and submits the following pursuant to Pa.R.C.P. 1920.33(b) and Divorce Master
Elicker's August 16, 2001 letter.
I. INTRODUCTION - BACKGROUND
The following significant dates are submitted:
February 25, 1988: The parties were married.
September 13, 1989: Birth oftlie parties' daughter, Jamie,
May 1999:
Approximate date of final separation.
March 9,2000:
Robert F. Roth files divorce complaint.
Husband's date of birth:
April 17, 1945
Wife's date of birth:
March 30,1952
. 1""..,1
I
I
!
.
.
.
II. STATEMENT PURSUANT TO Pa.R.C.P. 1920.33(b)
The following material corresponds by paragraph designation in accordance with the
system ofPa.R.C.P. 1920.33(b):
(1) LIST OF ASSETS
(I) Marital assets
(a) Net proceeds from sale of marital residence at 502 Pawnee Drive
(Hampden Township), Mechanicsburg, Pennsylvania, Net proceeds were
distributed as follows: $25,000 to Plaintiff; $25,000 to Defendant and $68,891.77
to an interest bearing account at Orrstown Bank in escrow in the names of both
attorneys as escrow agents for the parties.
(b) Household goods, furnishings, miscellaneous tangible personal property,
etc.
Value: to be identified and appraised as needed. Defendant has possession
of some items of marital property that should be distributed to Plaintiff.
( c) Motor vehicles: 1998 Jeep Grand Cherokee titled in both names and
driven by Defendant.
Value: $16,700 as of April 2000,
(d) & (e) Intangible personal property:
1. Vanguard GNMA Fund with a value of$17,049.40 was distributed by
agreement of the parties as follows: $5,000,00 to Plaintiff $5,000.00
to Defendant and $7,049.40 spent on maintenance, repairs, arid
miscellaneous expenses associated with preparing the marital home for
sale,
(ii) Non-marital assets in possession of Plaintiff:
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
Tangible and intangible personal property accumulated since date of
separation to be determined and compiled as needed.
2
.
,
.'
,
.
,
(2) IDENTIFICATION OF EXPERT WITNESSES
None at this time. Plaintiff reserves the right to call expert witnesses as needed,
(3) IDENTIFICATION OF OTHER WITNESSES
Plaintiffs only non-expert witness at this time is himself. However, Plaintiff reserves the
right to call other witnesses as needed depending upon Defendant's Pretrial Statement and her
position as to the existence and value of marital assets and debts.
(4) LIST OF EXHIBITS
Plaintiff proposes to produce at trial the following exhibits identified as Plaintiff's
Exhibits by the abbreviation "PX". Copies of the following exhibits are attached to this
statement:
PX-l - Voluntary Early Retirement Program Agreement for United Water dated August
31, 2000 and related documents including consent of spouse form signed by Defendant.
PX-2 - United Waterworks, Inc, Savings Plan No. 090335 for Robert F. Roth.
PX-3 - Vanguard Group IRA for Robert F. Roth
Plaintiff reserves the right to supplement this list of exhibits as needed and as documents
become available to him.
(5) PLAINTIFF'S INCOME
Plaintiff has income from his United Water retirement and his part-time employment with
an engineering firm. The income from the retirement plan is wage attached for child support and
spousal support, More detailed information will be offered at the hearing and prior thereto.
(6) PLAINTIFF'S EXPENSES
Plaintiff will offer at the hearing and prior thereto, information about his typical expenses.
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
3
.
, ;,'
-
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
:!-)",
,
(7) RETlREMENT/PENSION BENEFITS
(a) On or about October 5, 2000, Plaintiff signed a Voluntary Early Retirement
Program Agreement for United Water dated August 31,2000. Defendant signed the
Spouse's Consent to Plain Participant's Election on or about October 5, 2000. Only a
portion of the benefit is marital property as Plaintiff began working for United Water, or
its predecessor in February, 1976, some twelve (12) years before his marriage to
Defendant. See PX.l attached.
(b) United Waterworks, Inc. Savings Plan NO. 090335 for Robert F, Roth. See
attached Statement dated October 1, 1999 - December 31, 1996 attached hereto as
PX-2.
(c) Vanguard Group IRA for Robert F. Roth. See Statement No, 007683161
Portfolio Summary dated December 31,1999 attached hereto as PX-3.
8) COUNSEL FEES
Both parties should be responsible for his or her own counsel fees, costs and expenses.
(9) TANGIBLE PERSONAL PROPERTY
See above.
(10) MARITAL DEBT
Most of the marital debt has been paid by Plaintiff or by using joint assets.
(11) PROPOSED RESOLUTION OF ECONOMIC ISSUES
Plaintiff proposes dividing the marital property on an equal basis. Due to the relatively
short marriage, Defendant's earning capacity and Defendant's separate property, among other
4
-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Ii
factors, Defendant's request for alimony, counsel fees, cost and expenses should be declined.
Respectfully Submitted,
SNELBAKER, BRENNEMAN & SPARE, p, C.
Date: September 14,2001
BY~~ .
PhIlIp ,Spare, EsqUIre
44 W, Main Street
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Plaintiff
Robert F. Roth
5
ENROLLMENT FORM FOR DIRECT DEPOSIT OF PENSION PAYMENTS
BY ELECTRONIC FUNDS TRANSFER
. SECTION I - (Completed by Pensioner) AUTHORIZATION AGREEMENT
I hereby authorize you to deposit all pension/annuity payments due me from
\..hJ I !tD w t;, .(1:.((., '?t.;, \) \,)Q'l,_c...t. s: '
(Name of Pension/Annuity Plan)
directly into the account named below. This authority will remain in effect until I have given you written
notice that I have terminated it. I understand that ,I must give you enough notice to allow you reasonable time
to act on my instructions. In the event an overpayment should be credited to my account during or after my
lifetime I rcth?riZe you to directr,91y tf: to refu~d same to you and charge such payment to my/our account.
P~on.r l ~\.1~\' f\. \~~ 1 . Ii; - ll- 0 0
Signature ' Date
Social Security Number 1.01 _ 714- 1.0 Z. 4- '
A joint account requires additional signature: '
Dat.
( 1l1$03 -2./"<92-
Area Code I Phone Number
\7 ICj1 (? /.
Account Name j t-....D b'dL';' r, 1\...0 I H
Account Number l.. (\) l 0 D 0 ~ 1:) 4- 2.. \ 0 (Do not exoeed seventeen digits)
Type of Account: Sp~cial Checking 0 Regular Checkin d Commercial Checking" 0
(Che,:k one box only) ~
IState)
(Zip Code)
Savings 0
Transit Routing / ABA Number:
[Qj~~[QJ-~~~~}-E
(Check Digit)
We verify t e accuracy of the above information and agree to refund to BT Co. any amounts f~u~d to be
overpaym ts as described in S tion I.' ,
By
- (!hn
,
" /7M l/Y'=
tPlease Print Name and Title of Bank Officer)
(Signature and Title of Bank Officer)
Area
. SECTION III - (Completed by Pension/Retirement Committee) AUTHORITY TO PROCEED
Acceptance of this instruction is shown on:
Monthly Report of Changes
Section
Page
. SECTION IV - (Completed by Bankers Trust Company as Trustee!Agent of Plan)
Company Number
Data Group
Accepted By:
Filed By:
On:
Pensioner Name
,
PX-l
DATE/TIME STAMP
f':t. "'" '1~1O
WHITE
BLUE
YELLOW
PINK
""',
r'-'-~- - 1,---' - " '. ,.,-
(_.~ __" 0 ~
~~
UllitedWater 1('
.. ~
RETIREE MEDICAL PLAN ENROLLMENTIWAIVER FORM
Directions: Piease compiete Sections A and D of this form whether or not you enroll in the Retiree Medical Plan. If you
eject to enroll for coverage, also complete Section B. If you elect to .decline coverage, a/so complete Section C. Retum
the completed form to the United Water Resources Human Resources Department in the envelope provided. Remember
to keep the bottom copy for your records. (Pink Copy)
Section A: Information About You
Y:'J ~LAl' f, \LQ ~-1
Name (please print)
r,\),'OJi Ivk:,
DrJ-"'lo
Se,,: i;XJ Male Date of Hire: '-- I v
D Female
Date of Retirement: \2- :: [- 0 {}
P't~ ~\) 1lol'~~ ,;"
, Location Worked At
\1,90 l
State ZIP
. I ('
6.. _I\_r+')
Date of Birth: '
tD 1- ~4- -( /, z. q:..
Address: Street
Social Security Number
U"("'~ HILL f'i:..!->\~)'1~\}",jd\
City \
Marital Status:
D Single
iXi Married
D Widowed
D Divorced
Section B: Enrollment for Medical Coverage
'iKJ I hereby elect to participate in the United Water Resources Retiree Medical Plan and authorize deductions from my
monthly pension payments for my shale of the cost of coverage. I elect:
D 1: single coverage (myself)
'r:gj 2: dependent coverage (myseif, spouse, children)' ,
/
Ellgible dependsnts Include your spouse and/or your unmarrled..~ldren who have been covered since your retirement
data. Children must be: under age 19; under age 23 and a full-time student; or age 19 or older, if p'rimariiy supported by
you and incapable of self-sustaining employment due to a mental or physical handicap.
Information About Your Dependents (required if you are electing coverage for your dependents)
Dependent Name(s)
(last, first, middle initial)
Social Security #
Relationship to You
Date of Birth
\U \1-1 C..'\./''-''I ~ (;,. \V~-ld.-5~:,+- vJI (''c.. ~-'O - H..
f~OI'..( J,'\(V'\. '\:. ,t'\ . vl\j i:.,~ n..fr- 9 -\")- CO"'!
Section C: Waiver .of Medical Coverage
D I hereby waive coverage in the United Water Resources Retiree Medical Plan. I understand that by waiving cover-
age now, I will not be able to re.enroll in the Plan at a later date.
S~tion D: Your Signature
~\J 'b l,,- \ I~. ~(r1~J -
Signature
tQ-\\-OO
Date
11/94
-.'"
\~
.'.
DATE:
,
'\ /' p \ \'
\j C:l b })'1-.i_
1 ,', 01'
-v""
RETIREMENT PAYMENT ELECTION FORM
FOR
EMPLOYEES' RETIREMENT PLAN
1.
EmpJovee Data
Name and Address of Employee:
(please print)
R'U otr-.{ {
D [\ It .
,. IJ. u\h,
C-1\iV\? \-I.ll..
Ro(1-t
\\HQ.~
?I\. i10Ul
2. Form of Benefit (Choose only one of the benefits listed below)
I choose the form of monthly retirement benefit payment of my Plan benefits as indicated
below (check one box):
A. 0 The 50% Joint and Surviving Spouse Retirement Benefit
B. 0 The 66-2/3% Joint and Surviving Spouse Retirement Benefit
C. 0 The 100% Joint and Surviving Spouse Retirement Benefit
D. i5 The Single Life Retirement Benefit
E. 0 The Life Annuity with Ten-Year Certain Retirement Benefit
F. 0 The Life Annuity with Fifteen-Year Certain Retirement Benefit
3. Additional Information
If you selected Porm "E" or "P" (above), please provide the beneficiary information
requested in Items "A-N":
A. Name, and Address of Primary Beneficiary:
4
electformmarried
'--. ,
.
"
B. Primary Beneficiary's Date of Birth:
C. Primary Beneficiary's Sex:
D. Primary Beneficiary's Social Security #:
E. Primary Beneficiary's Telephone #:
F. Primary Beneficiary's
Relationship to You:
G. Signature of Primary Beneficiary:
If your Primary Beneficiary di"s before payments of Plan benefits are scheduled to stop, your
Contingent Beneficiary named below will be entitled to any remaining payments. If you do not
designate a Contingent Beneficiary, any remaining payments will be made to your Primary
Beneficiary's estate.
H, Name and Address of Contingent Beneficiary:
I. Contingent Beneficiary's Date of Birth:
J. Contingent Beneficiary's Sex:
K. Contingent Beneficiary's S.S.#:
L. Contingent Beneficiary's Telephone #:
M. ' Contingent Beneficiary's
Relationship to You:
N. Signature of Contingent Beneficiary:
5
electformmarried
I'. .,'"^ _,
1'7"'- -,
.<'-
4. Plan Participant's Statement of Election: (All applicants for Plan benefits must complete
this part.)
I hereby acknowledge that I received, read and understand the Plan Administrator's
written explanation outlining the various forms of benefit payments available under the
Employees' Retirement Plan (the "Plan").
" "'\ b0
I hereby request my Plan benefits to commence on I, L.' -,' (enter date).
I hereby request my Plan benefits to be paid in the form marked in Part 2 of this
RETIREMENT ELECTION FORM.
'I
.'_J \
, , .
\\:) I) IlA.t
f" f') I, !',
, , ~., \
_' I) , j
'" .. _/,~/'~
, " 0
i () - 1 I - !1 '
Date
Pla~ ljlrticipanl's Sign,ature
W c:;; ,
----+ Un'\,{ r: ,(/ 'roLl (
~~s~' Signature
~ r-{~I. 'r: I i\r
__ . II.,,) t~-, ./.1- .. , '. /1
Wituess' Address
IO-II.O~~
Date
1\ I '. i"', r'D, i'-F:~,-:
_ ~ 1- .O_J', },y, ,--. \,
r \
........)
!
i
i
I
,
,
i
,
i
I
1
,
,
,
i
,
1
,
1
,
"
I
I
[
I
I
\
,--"'.-. -~- . I~ ,~
6
electformmarried
,,,- ~ , . -,-"
t.,
United Water@
~07~
tP~
00";
SPOUSE'S CONSENT TO
PLAN PARTICIPANTS ELECTION
Instructions: If a Plan Participant has chosen Box "D," "E," or "F" in Part 3 of the
RETIREMENT ELECTION FORM, such choice will not be effective unless the Participant's
spouse completes and 'signs the following statement in the presence of the Plan Administrator or a
notary public.
I" C c.L wC c. .ir;~, , hereby acknowledge that I am the spouse of
k>-,''1:j +-U:.r r,.j.{\' , and that I have read and understand thle Plan
Administrator's letter to my' spouse dated' 7 ;:)(.(.0 explaining the various forms of benefit
payments available under the Employees' Retirerhent Plan (the "Plan"). I have also reviewed my
spouse's fully completed RETIREMENT ELECTION FORM.
I understand that my spouse has elected under Part 2 of the RETIREMENT E~~CTION
FORM to receive hislher Plan benefits in a form other than a 50%, 66-2/3% or 100% Joint and
Surviving Spouse Retirement Benefit. I also understand that my spouse may have selected in
Parts 3 (A) and (H) of the RETIREMENT ELECTION FORM persons other than myself to be
the only persons who will receive payments from the Plan after my spouse's death.
I know that if! sign my name below, I will not receive benefit payments from the Plan after my
spouse dies under the 50%, 66-2/3% or 100% Joint and Surviving Spouse Retirement Benefits. I
also understand that if I am not named as Primary Beneficiary under Part 3 (A) of the
RETIREMENT ELECTION FORM, I will not receive a benefit of any kind from the Plan at
the time of my spouse's death. I further understand that if I am named as a beneficiary under the
Life Annuity with Ten.Year/Fifteen.Year Certain Retirement Benefit my spouse may change the
beneficiarieS at any time during the ten/fifteen-year period without my consent.
I know that I have the right to refuse to sign my name below and that, if I do not sign, I will
receive benefit payments from the Plan after my spouse dies, and my spouse's benefit payments
will be paid in a form that is at least the equivalent of a 50% Joint and Surviving Spouse
Retirement Benefit.
Having carefully considered all of the above, I sign my name below to express my consent to my
spouse's election to receive Plan benefits in a form other than a 50%, 66-213% or 100% Joint and
Surviving Spouse Retirement Benefit and to my spouse's designation of the ,Beneficiary and
Contingent Beneficiary named in Part 3 of the RETIREMENT ELECTION FORM.
QcJUi+- Q, ~4t.\
Signature of t'he SPOU~d of the Plan Participant
{tQ K' fa-co (;
, I
Date
7
electformmarrie.d
J_~ _" ',". ~_,
,1-
, ,
.,
(NOTE: DO NOT SIGN ON THE ABOVE LINE UNLESS YOU HAVE READ,
UNDERSTAND AND CONSENT TO THE ABOVE STATEMENT AND YOU ARE IN
THE PRESENCE OF THE PLAN ADMINISTRATOR OR A NOTARY PUBLIC.)
Signature of the Plan Administrator (or representative)
Date
(NOTE: SIGNATURE ABOVE BY PLAN ADMINISTRATOR (OR REPRESENTATIVE)
IS NOT REQUIRED IF SPOUSE'S SIGNATURE IS ACKNOWLEDGED BELOW BY A
NOTARY PUBLIC.)
ACKNOWLEDGMENT
(NOTE: WITNESS BELOW BY NOTARY PUBLIC IS NOT REQUIRED IF SPOUSE'S
SIGNATURE ABOVE IS WITNESSED BY PLAN ADMINISTRATOR.)
STATE OF ) '-f?v'/~""---r -/"I~-- ~ "'-
) ,S.S.: ,0 {
COUNTY OF) C,;/.-,>< ~ J2~,-,-<
-d
OJ! this _, " day of.
J V/-"'f~,- .b R.,: t-{
!(Name of Spouse)
the foregoing "SPOUSE'S CONSENT TO PLAN
acknowledged to me that he/she executed the same.
Q:;.{ , 20 ;--:': , before me personally appeared
, known to me to be the person who executed
P ARTICIP ANT'S ELECTION and
~~1 ~), (~c '-- t -!u:.-'" (
N~tafy Public
(SEAL)
NOTARIAL SEAL
Fay I. Bickh N
Camp ffiu Bo ~ ot:uy Public
My COnuni ,roo, ~berland County
'ulan expires Feb. 19,2004
My Commission Expires:
8
eJectlormmarried
;~, .1-:- 0 ~ -~" ,~, - ec-
I.',
,
United Water@
~o.'
V~
Coo
"
ATTACHMENT A
VOLUNTARY EARLY
RETIREMENT PROGRAM AGREEMENT
This Agreement is between the "Employee" and United Water Resources
On or about August 31, 2000, the Employee was offered the
opportunity to participate in the Employer's Voluntary Early Retirement Program
(the Program) under the terms and conditions set forth in the memorandum of
that date. The Employee has decided to participate in the Program. The purpose
of this Agreement is to record the mutual promises and the consideration that
form the basis of the Employee's participation in the Program.
Therefore, the Employer and the Employee agree to the following:
1. The Employee has voluntarily decided to retire from employment with the
Employer and terminate employment, effective as of the date agreed upon
by the Employee and his or her Supervisor.
2. The Employee was advised that in order to receive the voluntary early
retirement benefits described in the memorandum dated August 31, 2000, it
would be necessary to sign the "Release" that appears in paragraph 3
below. The Employee was given a copy of this Agreement on or about
August 31, 2000 and was advised in writing by the Employer to discuss this
Agreement and the memorandum of August 31, 2000, with an attorney.
The Employee was also given information as to the ages and titles of those
eligible and ineligible for participation in the Program.
3. Release. In consideration for the voluntary early retirement benefits given
to the Employee by the Employer, to which the Employee would not
Attachment A
I"
,I~' -
. ,.
United Water@
~o~
iP~
.'
Co.
otherWise be entitled without entering intD this Agreement (including this
Release), the Employee agrees as follows:
(a) The Employee, on behalf of his or her heirs, executors,
administrators and assigns, hereby releases and discharges the Employer and its
. -
present and former affiliates, directors, officers, agents, employees, benefit plans
fiduciaries and administrators of such benefit plans, their successors and assigns,
from any and all claims or causes of action of any kind that the Employee has or
has had against any of them, whether or not now known, including any claims
arising from or related to the Employee's employment with the Employer, or the
Employee's retirement or separation therefrom. The Employee is not waiving any
claims or rights that may arise after the date of this Agreement and Release.
(b) The Employee, on behalf of his or her heirs, executors,
administrators and assigns, further agrees never directly or indirectly to
commence or prosecute, or in any way cause, permit or advise to be commenced
or prosecuted, any action, proceeding or charge against the Employer, its
subsidiaries, affiliates, successors and assigns, present or future offices, directors,
agents or employees, in any state or federal court, administrative agency or
arbitral forum with respect to any matter, whether or not now known, with the
purpose of recovering damages or other monetary or personal relief for any claim
based upon any act, transaction, practice, conduct or omission that has occurred
prior to the date of this Agreement and Release, including but ~ot limited to rights
under the Age Discrimination in Employment Act of 1967, as amended by the
Older Workers Benefit Protection Act of 1990, or any other federal, state, or local
law prohibiting discrimination on the basis of age, race, sex, national origin,
religion, veteran status, disabilitY or other forms of discrimination.
The Employee, also agrees that this "Release" includes claims based on contract or
tort theories, whether based in common law or otherWise.
2
Attachment A
"--'^
',,'0 "c"1 c-',-"
,---.
. ~-
~ .", -
'.
"'0_' ~I~" ., - .
United Water([j)
~"''''''-'',
-. ~...
~,
c-.
(c) The Employee has carefully read and completely understands this
Release, which is entered into voluntarily after having had an opportunity
to consult with, advisors, legal and otherwise, whom the Employee has been
encouraged tc! consult by the Employer.
(d) If the Employee feels he or she is being coerced into signing this
Release or that signing this Release would for any reason not be voluntary,
or if the Employee believes that the process by which the Employee has
been offered this Release or the payment in exchange for this Release is
discriminatory, the Employee is encouraged to discuss this with a member
of the Human Resources staff before signing this Release. After reviewing
this Release with his or her attorney, the Employee can have his or her
attorney contact the Benefits Department to discuss the Employee's
concerns.
(e) The Employee acknowledges having been given a period of at least
forty-five (45) days in which to consider this Release. Furthermore, the
Employee was provided, at least forty-five (45) days prior to signing this
Agreement, with the following information: identification of any class, unit
or group of individuals covered by the Program, any eligibility factors, any
time limits that are applicable to the Program, the job titles and the ages of
all individuals eligible or selected for the Program, and the ages of all
individu9-ls in the same job classification or organizational unit who are not
eligible or selected for the Program.
(f) The Employee understands that for a period of seven (7) days
following the receipt of this Agreement (including the Release), the
Employee may revoke this Release, Until said revocation period has
expired, this Agreement shall not become effective or enforceable.
3
Attachment A
.' ,
- '"-" "'"-,-"," . -,'I'
-,,~ - . ,"
United Water@
Dated at Harrington Park, N}, this day 31st of August, 2000.
Un).ted Water Resources
~O.
p~,
Co~
~~.~
By: Donald L. Correll
4 Anachment A
.
" ,- ~ ~_'''O; .,-,J-,'"," ,. "","']-71" ',',
United Water@
~9-
(p~
c.o;.
I have carefully read and fully understand all the provisions of this
Agreement and the Release in paragraph 3 above. This document sets forth
the entire agreement between me and the Employer, and I acknowledge
that I have not relied upon any representation or statement, written or oral,
not set forth in this document. I also acknowledge that my decision to
retire and participate in this Program is entirely voluntary.
/
I accept the special retirement incentive program offer and
direct United Water Resources to process my application for
retirement. By accepting this offer, I understand I am waiving
any other rights or claims to benefits under the Age
Discrimination in Employment Act (ADEA) or state law. I also
understand that all other benefits end the day before my
retirement date,
() / D
Kll. \';>t.~1 (. 1\.91 H
~~1)e~li', ;l& It.
qi~nC!ture / f ,"' /
Y........\l lb 'lJl. S I'. ~',- 1)-; I~
Witness
5 O,-r,O~\:.~ 2.0QO
)
Date
s
Attachment A
~ - < ". '",
0,
UNITED WATER RESOURCES
October 01,1999 - December 31,1999
For information call:
Vanguard Participant Services
(800) 523.1188
Or yia the internet at: vvww.vanguard.com
Page 1 of6
w':-
'. .-
'~";;";'~;f' -~
'.'
-;",.'
,-; ::--;" ....
ROBERT FROTH
120 N 21ST ST
,', CAMP', HILL PA i701i-3808
UNlTiP WATERWOR"i<:s INC: .::.
SAVINGS PLAN" ,",..,. .
Plan l'Io.: , ' . 091>335 ,. ,
Soc. Se~. N~.; , 207-34~5624
Balance inclUding outstanding loans '.
$ 42,797.24
~"..~..::~ ,
'.-. -'
....,'.-..-:..-
.::,- -
" u'" ':.'
'.'
"."
-.',
"'.,
. , ., .
YOUR ACCOUNT ACTIVITY-
~.. .."w,
..,.;.
..-':.
;,,' ..:..-;..,~__7;'::::- ~..i,:~.~.~.~.qLiarter . _ . '.' Year~tod<:!l~
,",:O~eniii9balance' , , C ",,"'''..-:'-',i','''' ,- ""'"~$40.51S:6ci-".'~.; ;,:";:$,$2.144.69
,Contributions ' "'''~~~~~;~ii~MArc:' ;~'~zJH~1-J{~r~~~~~,g'~;:~~:::~HH~.1I~~~:~~
Earnings ,,_:, ,:~ ~~~:~~:~~~_~:i~~" , ,"" , r~'~Z'~.~~:~~~::~'72:"~':;'~~~~t~~s~-r~~\~ }:~~~:~~
, Other transactions :', Li:i~]ijier<ist~~;:<:' "!' ::''::;:.:?,,}:i':,;'~';: ::,:i'~::4D,*~ii.:?~:...;:cr~;));:j,~~41,10
.j,! tf,MIm~~;E~jf~4g[~~~r;Eff:~jgg~~E,~~~~
"~'T:,~~,~t1![r~~1~li~~Aw.if~~it4~~i~~~~~;.:
"-, ,".'''; ::,'" ,':" ':',' : ',Cori t'r i bun ons "shown ': h,ire "represeiit:moriey:,'t hat, "was,-rece I ved.. dur j ng
'.."':r?::;~~'~~iI~M~fWii!!1x~f~fi~:~e~~f~~~!~:~fi~t[f,
" '''~'' ';,.: :.~_;:. .'. :"~~~-c'arj;le"":an,~Jnr~eafT:Zed~~l:c;ss';'.rn-~'yc':ij{:1Fund _.i:;cccrunt-.....but:-; j.t:~;Js 'o{(iet by, ~
.' '.- ':~.~:'.~,~..i.)~~.
c~i:~.;1;::H~;Ti~,.i:~.~.,
~ ' .. . .,-; ~ -
; -<.'::::j:'::..;; ..'~'-
" . " _" PX-2 '_'
" " " 0989' '" 25081 -- [}
-:lM<;!Uard::iRQUR 11""1111" 1111111111 111111111111111111 II 111\\ t1\\\ tI\\\ 11m! \1\1 'I' \ IUI
UNITED WATER R,ESOURCES
October 01, 1999 - December 31, 1999
For j nforrnation call:
Vanguard Participant Services
(800) 523-1188
Or via the internet at: www.vanguard.com
Page2of6
ROBERT FROTH
., "-"".,,;
YOUR PLAN ALLOCATION
o Cash ieserves
~ Company Stock
51%
49% '
Ple'a~eno{e that Vanguard hascha~ged the
name'.. at" th'e short-'term"reserves 'category
to cash reserves. The cash reserves..'
category,represents, investments which
seek, to 'pre'seive the' original emount' that
you jn~~est ,"('Ih~l.e~ proy!ding..curre.,!!..i,ncome.
..-'.,
HOW YOUR CONTRIBUTIONS ARE U-iVESTED AS OF 01107i2.000'
. ~,
. .....
.,'-".
SJ\LAAY DEFERRAl :
.::~. UvvR COM STOCK
" COMPANY MATCH
. ~' .
'.
";::" ..
" 100:0% ~':. ,'",
;. ~:;:~~,,:.:::.-?,~~..: - 100:0"(~~ . .-~ .:-~' ~'_:-":'--;;"'~-
~ -- ~ .- ~.:'~-;.:,;:, --:::.~.", ._,~. ,:":; ,~.~_.:-::.' ::_~:.:, ;'~.':-.:;.;' ---:.~.+- ~:;'_:'-':< .
a i I oca ted, as shown here'. Yo'u' ~'iioiil d~coris i der'whet h,;r': your.,> :, '.',,:
shilt ing' your asset a I i'oc~t:,'~,o,:,,_~,~,~,{.,','~,.,:.:,~:,:,:..,~,~'., <=:".~::; :,::<:",-0< ': '~c.:.:,,~~:~,,< ."
; ._ :'":~_'. . , . - _ -= - -~- ,- '~.'j:..~.::-.:;-~. :::::.~.,%-:t.;::'i::::-~:~:..:~:. :.z::~.~~.'::.-;t-.
", .. .. ~. ~ - ."'~""""'-~-~"""-"'-'-'::,:_""',- ..--; ~, -'.. ,-, - .:. -~- ..'~ .'
- --~-- - - :'~'.~....:~~' :-::.:.:-:-.:~-;;::::::~:: :"'~''::;'~~:' - -:.~.~.
.. ~;!-. ~.'::..;:-.
,;..-;.....:.-......,. -
. .... ~ ,-' ,
'. -.,.::....~-:- .:'
Vanguard Prime Money Market Fund
United Water ReSources Stock
Cont.r'jbuti~~s: are
co'ht r ibut i ons":-a;e
~".'
YOUR FUND ACTIVITY. ':
, ....~. "-
,;.;..:.::...~.' ,~.: ::, ' ~-:~?':~:"::"~-::''?''':-',~,:
'..-: ;:-.,;:,.:;~~'~'~:.~-:i:::.~~' ... :=--:. >::.): ::;'J.t::J..:. ,7_ <'-' :;: ~"':;:-/'. Openhg'bafaoce? :
- -. -- ." .-"
.. :'~: ;~-=':..: CJoii"ig balance
" ,'Ei~~fi~~ii:i1~I~!t;1~:{~1{iJ~r1:HHi..0~~~!;tt~~t.~~~1~~~tl{~~A{i~~~E:~~
TotaL","'":~')>;,,,.~ ,":'.' ,,_ ,'".; -",;,"" .:<:', :;<"cO ;.':c:';"",'"".., /'.. ':.:' ,,:?::;;":'j":"c' ;,,:' , :',-",' ,,<; $,40,515.00,,""",/,:' .':; if. $ 42,797.24
....:5~~~;~~~.ii~~i~~!'r~~~t~~I~B
Dividends/cap~8Igains ..' , "j ",j, .... 209.24"::~ UnreaiiZe,fgain/loss', ":" " ,'.", :>:,:' 691.49
CI~sing balanci" ' ,$16:264.11'(CI~sin~billanci;,,;' "..X', $15,445.63
.. -'.--~'.-
-"' ~ .' ~.
;.:.~:-:.;+ ~":' '-.=
.. '-.
-.~..- ..
~~. ,.;.. -.', .
--';-::. -.,,':='"-'
. ~ .- -,'
. .. .;'
i~~.~~': ':.:':~/, }0:
;:;~'}:;'f'};~'
....-:.
, ~>
-:'-,'
. ~.~.-
0989
25081
0,'
[J
\knguard::;ROUr.
1111111 1111I'11I' 11111111'1 JlIII 1111I 1I1!1 11111\ 11\\ U\l1 \1\\\ U\\I \,\1 \\1\
UNITED WATER RESOURCES
October 01, 1999. December 31, 1999
For information call:
V a~ouard Participant Services
(800) 523-1188
Orvia the internet at: www.vanguard.com
Page 30fe
ROBERT FROTH
".- -.
L~'~~'Fu'~i" -.
Opening balance
Loan repaYments,
Loan inte-reSt:
Closing balance
,',
,~. ;
.:-.;.
$ 11,548.08
. 676.80
216,22-
$11,087,50
This s~';;{ion "p',ov/de; information. related
con~ r l"bu.(ion '''a~~~n,t's ..s'hown' he,re repres-en.t.
sta,tep:nt: p:.r"i.od sh?wn' above,
to the specific Funds you
money that was' rece::!.ved ~~
have seiected.' The
Vangua rd: ,du (ing the
, ..' ~ ~. ". ,. . _. . - , .' ~
If you ha-ve:~riy';ut~ta'nding' loans,: the' loan Funct'informationis th~"total. of allioan
aC,i iv (ty' :6'';~your "accoiint '-dur- fng _" (he'~:s. t'a t emenf. pef'j Dei:: -Fo;'.' ,i ii/erma-.t j 0;:"-011 ~'specIj i'c/ loans;
p/~as.e' ~,ee:::th,'~: Loan::.t"nf,?i.mation.'se~ii,o''} .9.f' .th!s.:~'taiement'. '.' ". ,: .....
, . . ' :,,;", ,,;., ~ . '.. -".. '. '.' ,.
',;:::.::;. :'~: - " :::~'~: ~~".~' '7=';;':"7. <~: ..::-3: ~ ,"~:~:~:0~"~~"~~~: ~';~. ~ ":~~;,
.' .., '. :.. .~' -. -". ,: , .,' .:':. , .'. -'- -' ,.
.. - '. ',:-~' ,:;.=.:s-:.-:.,:::-~~",.;- ::~:"'':'?':: ':'~ :7:' ':;.-:;,.,~.;..::: ;:~~.:; :.: . ,__,.,'_...,;~ -:-7.:2~~.~' ~
'. ' - .. '. '-;-;-~ --:. '" " : ',.:. .'-.~" ..-:: .' '.::...., . , ',"-.,
.-Y.OUR":-""LOAN' ,INFORM~,T'ION...-: ;'~ ~ ...._ .".. .' P'_, :. \.:.~~:~;....:"":".::.'~,S2;~ >-
.~ ::f '.:'~ ': ::' u,: ~. '~'--'; ~-" -_'-~' ~ ~~~~~ ~_ "~~~~~~~~~' , -'; '~~~-"~~~!~~~'~:~;='~;7:~~~~>T+~1~~~~:'-~:~~~~;~~~~~~~~~~
. Lci~iiooi ,>",";,~:,,~;,~ ~-2'$"i{548:oil";~~'~'-,"-=:-sr46~b'.58" (f1,(jii7~50 ~,':::f .T"i ~1~6.2{~:ftJ$9)2jir~fCj441.1 0
~ otal: ':?,-;:;j,i~iij ,::i?-;:~i.th~~8:o6, ':, },' ,:':;' :,:':;:~):~~-i'J~~L~:-,,;..,:,,i ;:,~ ~;.-;",~;t,,(f.Ji~>,,;..~-": ' ,
",Pr i n'~"l pa 1/ pa td~ iind~j tit er~'es (~:'.pa j d..;r:epre~se.nt::~' ffie:CaJ:nol.(n(s':;'cre.fj i-t;d:~t O:~-:Y6u.r~~Jo.ans~~1 tifs.:'':'
..~~'.II\tii~f!l~.lIl!le"
~ ~~' ~'1'~~;n'~~i~~-t~~f~~~~~J~~r~~V~'~~lf$f~~~:{~t;~:~=~'~e\~~:t~~~~:a'~t~T~~~'~~j~d~~d=:~>f~~~::
,', ",At!--':\\>;'.f.'\!.~J}jg~~":cjp\.t.~ !c,j;zjt .r:\_o_n_l!,~,Si:....:e'l1,l.i/!_~ s..~ yRr,?E.<;,,tl ~~,: EytK~~bn.E'l9'iy:fs;,t.?ck_~:,:".: f.h'~', S&P .
. -. ~,~5.9..9.s:I.~'.?:€,~?;.:q.i~3!f;~:~~~O~Y_~.f~":.!~l~ ~~~~!~~~~&~i?' f.{~)Ah. ~~~r~,J l:F/:-Y;9.~.~~.~1:-~~f; ~--.iJ_~{~_~~_g?J~~~~~-~99:fi:=~~.,~.t. s .
.. f i f ~h:.....i:...QIj.s,e,c:u.t:iye~,~-ati..riu.~ L~-~g a !n:,.:..'of.~;no.i.e_-_.~.h'a'n;-~ 20~:".-i:,~Sm~.I te r ~:-c'a ~ _"s~ ,ock _s_ -;:, ~'a~'..:'Y#l?'a _~E'r:~.d :-by.: the
: Rnu':~--~-21T~tOoq ~I.nae;t;.:~;tp'e~r I2!~-!;,d_}o:~e (rl 1 ~r'g~-' c~ap~c.~~n.~'~ ~'Ea_t: t s,':-J c;-r. - f~.61~{~ r~s~,'t~r~;-~.'s i'nee
1993 ,.;soar'j"i'g .18:':6%~ dud;;-g"':ihe-'qu~:? to. fini sh: the "fear up ;13 ;.1%;::": ::{:~::C:{:L~'7':'~ ,-,,:..
:~o.U f(~tt~fittS~g:l3Ij;'tl~c~~ f}c~i1J~'~i~t~N~g~W~\;thV~{l:J~o:~~f~i.tn~ttr1;~~' '
>'~' em'C,r g i:ng :inii.ke:~ s~,'-'b'oo"s)*(r~.'ip. t c-rna (i c)~}"a 1,~. 6-~iu.i'.t' res,: du i:' ~ng' . t he~, fciu.T _th:;' q~~i"r_! ~-r~~ _~-~:Th.~ _~:MSCI,_;
=:-.. :::<:..;::.::.
;':"....~..
'':Vc:mo;ruaJ'd:;ROUP.
0989 25081 IJ
111111111111 ""1 1111/ 1111I11111 1111111111 11I11I111111111 1111111\/11111 \11\
UNITED WATER RESOURCES
Octobcr 01, 1999 - Dcccmber 31, 1999
For information call:
Vanguard Participant Services
(800) 523-1188
Or via the internet at: vvww.vanguard.com
Page 4 of6
ROBERT FROTH
MARKET NEWS (CONTfD.)
The fourth 'qu.~rter cO,ncluded the: 'Worst year for.fixed-income seCUtltlCS. since 199.4,. as
inflat,ion jift6rs. and a November' interest rate hi'k~:'-t'he 'rhir:d' of '1999--forced b'ond
priees lower during the period. The Lehman Aggregate Bond lndex'felf'-O.l% over the
quarter, finishing the year with a -0.8% return_' As usual in periods of .rising rates,
long-te~m U.S,. Tr.cas~ri~s suff.e~ed. ~~st, declining -8.7%, In 1999.
PERFORMANCE SUMMARY AS OF 12./.31/1999
VOtCETM
fund Date fund
number started
YeaHo'
-date
1 year
Since fund
3 years.- 5 years 10 years.. : started
Cash ROSGtves
0818 01102/1989
4,49'
5.93'
-: :. "."'.-; .:
5.01%"' 5.28%-'~ ~'--5-.3.9%' ": 5.21%:;:
5~t: ~1,; :~: ;6J.j::f':.. ~.,~n::.).
.--'-0
· Vanguard ~c!n>e }\io!'ey Nla,rket FU"d
Average fy10ney Market Fund '
Vanguard Retirement Savings T cust
0030 OSI0411975,
- . 5.01%
Bonds
, Vanguard L;'ng- T erIn Coq>ocate Fund '
Lehman Long Corp, AAlBetter Index '
,0028' 0710911~K:~.:~.~:'" ", ~~.~r~ "~~~~f~;~~t~::::',i1f'~,
8alBn~od (stoc,~an~ Bo.~ds) ~')" ::>: _ .
,Yaog.;ard \y~~;'n f';nd"....,>
. . _ . .' '_ ~,-,,, .:" -",' ,u '.,
". ,~..' W,el!lngidn gomposite Index ~ , " "
.. o.?~~r:~~~lti.' ~~~k.s}.:~:'~-~~', ::~:. ~~ .~~,: .'.~: .-~~.>;~,~ :,:-: ~
'. '. Vangua;4d~Wt~;;.;,dinc;;meFu';d,.. '
,,: .
,~- _. ' .
" ".0021 0710111929,' .:..'4.4L. .. 4.4{~ ~ 12,97;::':"17.36t~'" 12:55~~,
, ;:_~ :.,::,:;'- ~ .". 'o~5.i,l~.~{:C:;~O,~1~'{I,:,~~~,{I};~~r~;;i.~1:-:L
,'. .. -,
'~.. ~~~:-:::"
. ~ .'
'; ~~ ;- -. ":"~:.; :;'. ',~, _.,~'~~~ - " ,'-,-', .
,~~~.~, ~~2~~04ift~'s.~~1€~~rf~~~:1~O~:'!
",2,1.94" ,...,".21.04~~,", 2i',56,",'c".2~.S6,..." ",1~,21=o....,
- " . .. '" . .. .". .- :::: - --.' ~~',. '. - ,.'-- ~., "..
, '.~
..-_.,0_09.t ,1211 on9SS
'-'" -
, ,
~'~-:..~.: ~.:: ~:,-.:.:..." .':'::::~'
, ., , - " >. ~.
<.-:-;~:~.::-;-::;.;-::-:
:.cn(fnfSpeclflc.~': ~;:,:::-.,..,::-:-::'~;~ . ~~." ::. '_' .:'::~;i<, ;: _ _n''"':::>~!".-;'', ~~:_'::'-"'~' ~ ',--;, .:;,.... ": ;-:::'~'~'/~'<'7:~"~:.?;.~,~-:;~~:.-i~3:~~:.' --:
., Uniied.wat~.RC~ou"'ces Stock.;.., 0221"l'213l1i992~\48.51 ""4ir.51.:'~' 36.65 }:;:,29:2i~,":''-'' _..~, 19.60
:>;i;,.L ~&p"'p;I/lrirjexs.~/ "";.~~,;,, ;;;"'s,..-=~i..s,J.".~c~ , ;.T,3i1,Q1:< :i1:0it:2~7~f.4'~8.5tiSf:f1~1.i.t}.i '
~.. indicates the'flmds in which you have balances. ..
. :'~~~~: ti:',~0j:~~~~: .:":. ? ,.; ;~~~ ,( ~. '.- -' ' .;
"~~'':; :?-~::. ,{;: ':;-::-~~":"~~:"" .. ,. .,
'.::'.:.. :~;.;. ":,- :', ~ .' . ' ' ~ ' '..
. .ii1~;i;i~,t:~11fmli~i11
,:.-.~'
.: -~~ . -
""':;:
0989
25081
[1
;,ful~ROUP.
'Ifllll "'" 11111111" 11111 "III I1III 11111 I111I1 1111111111111\ nllll 11\ 111\
UNITED WATER RESOURCES
October 01, 1999 - December 31, 1999
For information call:
Vanguard Participant Services
(800) 523.1188
Or via the internet at: loVWW. vanguard. com
Page 5 ofe:
ROBERT FROTH
-
"
_. '. ~ ..
--.. :"'".~- :: :". .~.,
'; _::.":,,: ''::. '; c,:..:: -:;:,..- . ~, _.-:
"',:=;-:':;:
PERFORMANCESUMMARY'AS OF 12.1311199Sl'(CONT'D~f' "",,',.._, '"
".
, "
mNotavaiJa~leforthistil}'eperiod..See'Datefund_started"":, '" ',', ..,', ," ',7~_" '
Since.inceptimi periormance figures for Variguard or non-Vanguard funds greater than 1 0 years old or for Vanguard-managed company
stock act;:ounts or stabJe valu? accounts 9r~ter than 10 .years old are no longer Printed on' Vanguard statements. However, except tor
non-Vanguard funds, this _information is available online at Access Vanguard~ at,.1Nwvv. vanguard. com or by calling Participant Services.
Pericirrriance figures'tor periOdS of m6re.t~an one y~~'~e .e~ressed ;;is'aye~geOaDnual, total'retu~ris.": :." :_, ~ ' , . .
Periorman~e figures includ~1he reinvestment 61 dividends 'and.capital gains distributions. ",: ,:"
Returnsince inception is list~d:,under"Si;'"e,fund stai1~~. ,Theinceptiondate is u~gej..Dat.e junct'staried", " ' "" ' . '
"Standard &. Poor'S@," .S&P"@," ~S&P soo@,".Standard& Poor's 500," "500," ."S&P Midcap 400," ;S&P. Smallcap 600," and the names c;
S&Pindexesaretrademarks ofThe McGr(lw,HiIl Companies. Inc. ' :,,' ,',:" - 7 .,,:,.,,' "/.'"..", , '
Fran~ RuSseU Company is theowrjer of tra,jemarkS and copyrights 'relating 'lothe RUsSel1lndexes:~~'
The total return C data' provided~ rep'reoont - past pertormance: and the investment'return and princi"pal value of an investment will
f1uctuate'so that an ,investor's shares, wh.eo red~med;' may t?e worthrnore: or)ess tnan their original cost:..... . . '. .
An investment in a money niarket furid is, neilher.i~sured n"i guaiantiie~ byit1~,U:S:goyemmel}i, andtheie,is noassuranceJhel the
fund wiil be able to maintain a statJlenet'asSelvalue'of$1 per~are">:: :.,,:,,'; ':" :',,:", "':.:' '-': -:': -::7'" .. '::' " ,
, Vanguard f~n,ds. are neither in7U[eCi ~cirgu}lrantee9 ~y:th"cU.,~:~~~e~n~~~~ct):~:~~~' ';"~: ~: ?':,,, 7':'~~': :~; ~ .. ,;, ' : -_ ~ '.,
Th'e~;.Pe'r i orm~nce;.Summafy-:/ab'ove~' shows~-h'ow_". t h:e:i.u"nCJs.:<j n 'You/:,' pj an" have:.per formed over. time.
:~;a~~i.~;~;~~~:~~~7t~'\~;E:~; ~f~~~~~~~!~~~~:;H~:1}1~;t{~;Jt~jr~fi;!~~f;-:~"~~.,f~u r:,~~,/:~,:n~e. '
, The, Per t arina,!ce'sumi1!~"Y~ lricl udes "/n>lcJst rYi:Jimc/,/i,i/riis '7/it;Jta j'/CS} "iiiift.: ~~ tcli"(he ., ,',. ,
object I ves,of ~ypuCFluiii?f:-The:'berichmar'ks :g/ve.,'a,:'b,'i:;iici"'oCert!.1 ';",:0 of"t'h-g"in'ii,f"ts',:o These',
measrJres'arespeclt i cto;tlieir: ~is~b i af ec! Fi:JnC!.s "andUhouidf,o't"'iJe us';dt9~ camp'ale, Funds
'~l;):iltj';JJ;i~l~~~tJ~t!MkU2j~1~~ltJ;rr~u!i~f{;~1~~s~i;-,ah:u~tng. "
.'03 {i; dJ-v f.(jends:'-;'a.nd-'capr:ta~0-:':gairisf~e':r:e:::Fe'J iiv,'es fed3:~a$ t~.perf.orliiErncii;d.s-,,'=n__ot:-.an': {nd[cat ion
.. ,r~j~tit![gmjjjjtk\f~!fi~!~~~ita~~~~~'~J, ..
.~m-:?F,it~~~I:~f~~l~E~a~:~;~iJ;i~Jn'j;,l~JT~s',~;C'~~-?;~~:"~. ~":~~;~":,:e'~;;",'c'
Beg,inn i?;g 'ir. "h ,.f' )inu)(ry: ~266o':':::".aoriguaj'J:wi 1I 'pr'ov i,de",Qg';:ck~n(R)~,1:'';~b~j.x(R) f or th~ "
Web( SM)::' to':pn-i i'ne '';s~rV U'i;c. "o.f~4h:i ~ie". : Th i s yri ll"'iUp';;y'ou'~t'b:,co';;p 1 e:te':.-nd 'f) I e your
..1.9~9 p~ t: ~,opa~, _incom~ .:'t~a~J.-!~~-;~~~':;::. ~~.=a'0~h.e,~_,I,n5!:x:,n.e ~.:..tfi-~ O:ug1f'~ ...y.~ngua~~~co.~'. . .,: ~.; .::-..... -. .
....
-. .~',
'-.'
::;~'''':..;,
:-:::.';'.::: ..
0989
25081
[}
'::\an~ROUP.
111111111111111 JIIII 111111111111 JIIII 1111111111111\\ 11111 \11\\ \11\1\ 11\ I'll
UNITED WATER R,ESOURCES
October 01, 1999 - December 31,1999
For information call:
Vanguard Participant Services
(800) 523-1188
Or via the internet at: wwvv. vanguard. com
Page 6 of6
ROBERT FROTH
".
o
-",
0_... -:-;'_
A MESSAGE FROM YOUR EMPLOYER (CONT'D.)
Qyickcn TurboTax' for' the' Web' is, a
AII'other marks are.. the ~xclusive
service mark. of I~~uit I~'~~, '~'~e'~(w-lti<~p;'~"~i.~';~~fo'~~
proper ty of The' Vanguar'd-' Gr'oup; InE-:'~'~' :.. .
,
~
,
,'-.-
-.":"
:~:":,,,
:....,,:""...
.:::~,
,-.:::,.?;.
,..,,,
.';-....:...-.
.; :"..
_:~::..,..';_-:..
.
.::j
~..:-._.:;,.:-..::.:.::_~~ .,,'
-. - :;'.;::' .
. "-_0
"
.' - - - .... . -. ':.-': :, . . :.. .
'~;;...;;, ; - .:-=;:~ -"::';'::- :;~":~'<:. :..,~~. ~:- .~';. :.:~.~>--::;-~ -:~::;-'--:. -..... -=:-.-:-'
,,-;:.. ::::.: ;--~':.i~;i..:::- '''-'::~'::;::..:'. -:- ~:~.~~;~;::~. -; -==,:-'-:"':S::.'
..
....
'......:..
.: ':-,:,
"-..
-:":",
v'._
..:....
'-'~-:.
/:3.
':"..
....,:
, -
......-;..
.7~:
-.'
'.
".
.
. --, '
--; ....
'-', '"
"-,:"~:::'"
.-....-::',
..,
-:--:~,:",
-: "'/'::',"
-:-
;.--.
. .~"
.~::: =-:-:...:=:',,::'-
". '..,'
:.::::-:.~~.~":_'_:
0";"':
J~/;
, ..
..
. ,.'-
- ~;:'::;~'.
':.:;.--:.'~...;.
- .:;-~" :.:--.~..;.~;.;i:::?:~;":?:=. :::--"~~"~"~'
- .~~~:~?:. j,
'".-
. ,~. -.'
..:.:::.~"~;~...:'..~:;t~.,.~:~~:-.....:; .,
--,
.:~'.;_::;:f.': :::;'
, .~,
'E..-;':',":."::,,:'
""-'" -
~--::?::,.:.~,-::.
, ".-
,..~~~ -:
. - ~..~ -. ':'.~. :-"~' :.;-::
,:::~~':',X;-,:.,
-' ;~~-;i:.~~"~~'>~~::'
.;:~-
; .-"
..~-..-.:!.:'~':
'-'~.: :,;;:,-;:..::-".
.::.-::::,~~: -:::" ~. :: "..:,
----.~;':'.::-;.-. ~
~ . -: ~ -. ~
':.;'.~ h.;_-:::'~,':.::. _. ;.:.;.
. . '-':"~"""'''''~-:7;''
'.;
. . . .~., ~: :.;~; ,~', :
"'-"
,:,':-:::'
-' ":';'~.:";...
.' ~ .
==~ ::-:.:-:::
':;?-.::'';''';:::
.. .' ~.'
'. ".
.-'- ~:;;';;.t.~~"~i:'"',~~
....,.;.. .
'~-',::::--:,. .:~:,~:..q:-:.~~-=-
"
'. .-.'.~.
.....--
;' .';'"-:
~ ':. :~
"."'
:, : .":"-,:,;,
" ".
--;..; :~-;:,-:~ ::.
. ~-
':".-=:-.~':
,
" .:
.~,-
'.-- ..
. '~."
.~ ':~.:::'..':--:_.~: __ :"~_.; .."", ~.::::::~: i:,.: .... :;:-;:" :::-;:
, ',;. .""=-~",', ,:. .:..... -.' . - '-,;: -,..'":. .;.:..:.... '~, . -
,;~liil;i~:~if~11::..
. :"=' ....:.:..::.."";,.:..
';",:
o ~ .'::""
~.:
'. ,-'- ~ ,.'
'":';' ,'.- . "
.......
"_0-
:;-
0989
25081
[J
,./an,"3llardGROUR
1111111 "'" 11111111111111111111111111111111111111I1111\1111\\ 111\\1 \1\ In\
. . .' . . '- '-,"'-',." .
. ':...."--2..~;-.~:.,.,:;i-...-<;~:(~:.;,~,r,-~.~ '_.i_ '-.'~.z:l";i;~~..,:r.:..:ui:~-~~. ~.~~
1,"11I."111",",11",11,,11,1..1.11,"1,,1,,,.111
ROBERT FROTH
120 N 21ST ST
CAMP HILL PA 17011~3808
For prompt service when calling, please provide your
Statement number. 007683161
(800) 662-2739 - Client Services
www.vanguard.com Access Vanguard
(800) 662-6273 - Tele-Account
TOTAL OF ALL ACCOUNTS
Value on 12/31/1998 Value on 12/31/1999
$10,596.10
$ 10,486.50
RETIREMENT PLANs
Vanguard Wellington Fund (IRA)
Vanguard Windsor II Fund (IRA)
Tolal
VaOle on 12/31/1998 Value on 12/31 /1999
$ 4,951.70
5.644.40
$10,596.10
$ 5,169.86
5,316.64
$ 10,486.50
1999 contributions 10 IRA
1998 contributions to IRA
1999 distributions from IRA
$0.00
0.00
0.00
Portfolio a1localion
Money markel funds
Bond funds
Balanced funds
Equity funds
0.0%
0.0
49.3
50.7
100.0%
IRA income year.lo.dale
$1,061.07
"'*
PX-3
152389
1, 3
708 1048 M2 16 X
I '''''1'1..' II ""'1 ~"", ", 11 ""I ",..HIll "1 '" '''11 II '''1'1 "" I' "''l1'' 111 "1 I ''''''
- or. 'I ,,' I',
= "
-
;;:'J.,~~, .o('~ "':'.::::>':. ~'~,<.t-::/{:
J, . : '.~~.i~ :~,'i'~. .'
:~;Jl~:;~ ," ~~~~.{""!' ~",_"_,,,'::~-'~~~-,.:":'f'-;;'.. ,~ '.>'';.<;.'1.:' '.. ~
,:;:,~guaJ"d:jroUP. '."'::,, '}:
.':;~' (,l;,~il:~~:',;~, .. ",.'.._'.~. '.;, ~~,:.,.;:.;~:.: ~.'-".;,.'
,,:~:,.' ,"' ,:pecemb~r 31, }999, year~to-date Page 2 of 3 ',.:,'
.__'.'..._.; ..' __.. ...,.~. ,~. ,"id~ \ , " .' .,.-.... .."" ~-..;:...,,''''''' ~,';:'-;".~}~-:;:."
:~/' ~ ',' 'I-.:~v: ""'!''''''ardWellf''' ~~onFund.. ,:, ~,::"(,;: ,;'}"if,;: '
angu , ..' ~..-,~, ,'-, "::",;",-,,
. ..,:.7: '::. ". '::-':'~ '.... '.. ~'';'''!'J\~. \!:~,\i"..::.:-- ,~. . '. .-.,... -;; ~~":::--', 1:,,,;;.,,:;,,'
<~. .........; ~;'-;'-::':,j.e '.-;:' :i'"~:, ;,r.:'." :~:/~}
. ",.\";,.:::~..c;i.
VFTC - CUSTODIAN IRA
ROBERT F ROlli
Trade date
Transaction
Balance on 12/31/1998
Income dividend .25
Income dividend 25
Income dividend .25
Income dividend .39
ST cap gain .19
LT cap gain 1,31
Balance on 12/31/1999
3/26
6/25
9/24
12/17
12/17
12/17
,:..._".--,.,_:. ."_:;.".;.; ..:.'
Income dividends
Short-term gains
Long-term gains
Total incomeyear-to-date
$195.09
32.88
226.68
$ 454.65
1999 contributions
1998 contributions
1999 distributions
INVEST-BY.MAIL
Do not alter this slip.
Use only to purchase additional shares in:
Vanguard Wellington Fnnd
Fund number. 21
Accountnumbe~ 9902697871
Make checks payable to:
Vanguard Fiduciary Trust Company. 21
$0,00
0.00
0,00
2000 Tax year contrl:lution $
1999 Tax year contriJution $
2000 Rollover $
2000 CUstodial fee waived $
Total amount enclosed $
xx
xx
r"ln::l'
"CO'"""J' O::-,f\.....,
" ,,'''0- _'~ -.
O'.A_ "'1__'
"
. .....
-_.;,.:;....
, 4 ~,,'..
:;:;, ';'~.'.:i41
, "
';::"':"~",:.!':"V .
.'A:'-_'-':.
- Client Services
21 '
9902697871
007683161
(800) 662-2739
Fund number:
Account number:
Statement number:
ACCOUNT VALUE On 12/31/1998 On 12/31/1999
$ 4,951.70 $ 5.169.86
Dollar amolElt Share price Shares transacted Total shares owned
$ 29.35 168.712
$42.18 29,17 1.446 170.158
42.54 30.30 1.404 171,562
42,89 29.09 1.474 173,036
67.48 27,56 2.448 175.484
32.88 27.56 1.193 176.677
226.68 27.56 8,225 184,902
$ 27.96 184.902
The current Fund distribution was payable on
December 20,1999.
Vanguard is required to report the value of your IRA,
asof 12/31/1999. to the IRS.
VFTC - CUSTODIAN IRA
ROBERT FROTH
120N21STST
CAMP HILLPA 17011.3808
I' Check box if changing your address;
note new address on reverse.
THE VANGUARD GROUP
PO BOX 7800
PHILADELPHIA PA 19101-9892
2. 3
152390 7081048 M2 16X
Illllil lliil Illil lml 11111 III II 11I11 Ollll"llll.lill.lillllllli 11111111111
~'St~~:;'~~::~~~~~~~!~5~,3,~~"..
VFTC - CUSTODIAN IRA
ROBERT F ROlli
Trade date
Transaction
Balance on 12/31/1998
, Income dillidend .30
Income dividend .38
ST cap gain .395
LT cap gain 2.105
Balance on 12/31/1999
6/25 '
12/10
12/10
12/10
Income dividends
Short-term gains
Long-term gains
Tolal incomeyear-to-dale
$129,26
75.39
401.77
$ 606.42
1999 contributions
1998 contributions
1999 distributions
$0,00
0.00
0.00
INVEST-BY-MAIL
Do nol alter Ihis slip.
Use only 10 purchase addilional shares in:
Vanguard Wmdsor II Fund
Fund number: 73
Accounl number: 9902697871
Make checks payable to:
Vanguard Fiducial}' Trusl Company. 73
2000 Tax year contriJution $
1999 Tax year contriJution $
2000 Rollover $
2000 Custodial fee waived $
Total amount enclosed $
xx XX
..,,,,.,..,
nee..,::!,. c-, '1'"
.
'1'-"-- .,
"'To
.'
- Client Services
73
9902697871
007683161
(800) 662-2739
Fund number:
Account number:
Statement number:
ACCOUNT VALUE On 12/31/1998 On 12/31/1999
$ 5,644.40 $ 5,316.64
Oollarart1OlJ1! Share price Shares transacted Total shares owned
$ 29.85 189.09~
$ 56.73 32.03 1.771 190.863
72.53 24.92 2.911 193.774
75.39 24,92 3.025 196.799
401.77 24.92 16.122 212.921
$ 24.97 212.921
The current Fund distribution was payable on
December 13,1999.
Vanguard is required 10 report the value of your IRA.
asof 12/31/1999, tolhelRS.
VFTC - CUSTODIAN IRA
ROBERT FROTH
120 N 21ST ST
CAMP HILL PA 17011-3808
I" Check box if changing your address;
note new address on reverse.
THE VANGUARD GROUP
PO BOX 7800
PHILADELPHIA PA 19101-9892
3 - 3
152391 708 1048 M2 16X
IlllI11'lI111llll'lll1IlI1l'll'lIIl1l'll'll11l11mnlllllllllll1"~11Ill'
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
,
,"
CERTIFICATE OF SERVICE
I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a
true and correct copy of the foregoing Pretrial Statement to be served upon the person and in the
manner indicated below:
FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Samuel L. Andes, Esquire
525 N. 12th Street
p, O. Box 168
Lemoyne, P A 17043
~~~
SNELBAKER, BRENNEMAN & SPARE, p, C.
44 W. Main Street
p, 0, Box 318
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Robert F. Roth
Date: September 14,2001
..11.
"
.
ROBERT F. ROTH,
Plaintiff
SEP 2 5 2onl(~
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vS.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
PRE-TRIAL STATEMENT OF DEFENDANT. CARYN G. ROTH
Defendant, by her attorney, Samuel L. Andes, files this Pre-Trial Statement in
accordance with Pa. R.C,P. 1920.33(b):
1. ASSETS. Attached hereto and marked as Schedule A is a list of the marital assets
of the parties. Defendant is not aware of any non-marital assets of any significance at this
time.
2. EXPERT WITNESSES. At this time, Defendant does not anticipate calling any
expert witnesses, as the house has been sold and she is requesting a division of the pension
in kind. She reserves the right, however, to call such expert witnesses as may be necessary
to respond to any expert testimony offered by Plaintiff.
3. FACT WITNESSES. At the present time, Defendant intends to call only herself as
a fact witness. She reserves the right to call such additional fact witnesses as may be
necessary to respond to evidence offered by Plaintiff in his case or to identify witnesses
prior to the time of hearing in the event that Plaintiff raises issues not yet known to her.
4. EXHIBITS. The exhibits which Defendant anticipates offering into evidence at the
hearing include the following:
A. Copies of the parties' tax returns, Plaintiff's paycheck stubs,
and prior support orders entered in the case to verify Plaintiff's earning
capacity.
!' 'II
8, Copies of documents relating to Plaintiff's retirement benefits,
specifically including his voluntary election to retire and the early
retirement benefits he has received.
C. Copies of statements showing the value of various investment
accounts held by the parties during the marriage.
D, Documents relating to the sale of the residence, primary
consisting of the settlement sheet from the sale of the property and
records relating to the escrow account.
E. Protection from abuse orders previously entered in the action
between the parties and documents related to those actions.
Defendant reserves the right to offer such additional exhibits as may be necessary or
appropriate to respond to evidence offered by Plaintiff in his case.
5. INCOME STATEMENT. At the present time, Plaintiff's only regular income is the
support she receives from the order entered before the Domestic Relations Office of
Cumberland County. Defendant is not employed and has not been employed outside the
home for several years.
6. EXPENSE STATEMENT. Defendant will offer, at the hearing or prior thereto, a
listing of the typical monthly expenses incurred for herself and her children at their
household.
7. PENSION INFORMATION. The only pension benefit owed by the parties is the one
earned by Husband from his former employer, which is currently in pay status. Defendant
proposed that the pension be distributed in kind and does not feel, therefore, that it will be
necessary to have an expert place a value on those pension benefits.
8. COUNSEL FEES. Defendant has engaged Samuel L. Andes as her attorney and
has incurred substantial legal fees in this matter, in part because of the difficultly in
obtaining accurate or complete information from Plaintiff. She will present statements for
her attorney's fees at a hearing in support of her claim for reimbursement of those fees by
Plaintiff .
9. PERSONAL PROPERTY, Defendant believes the parties have previously divided
and distributed their household furnishings and other items of tangible personal property and
that further involvement by the court will not be necessary. To the extent that there is any
dispute about those items, Defendant proposes the items be appraised and the parties
stipulate to the appraised value of those items.
10. MARITAL DEBTS. Defendant is not aware of any marital debts that have not
previously been paid by the parties.
11. PROPOSED RESOLUTION OF ECONOMIC ISSUES. The parties have tentatively
agreed that the marital assets will be distributed so that Defendant receives 60% of them.
Since it appears that Plaintiff has liquidated or otherwise disposed of his 401 (k) Plan
benefits and his IRA, she proposes that she receives 60% of the marital property from the
cash held in escrow from the sale of the house and that she receive 60% of the pension
benefits, as well as 60% of benefits received by Plaintiff up to the time of final distribution.
In addition, she proposes that she receive alimony of at least $500.00 per month and that
the Plaintiff be ordered to pay at least 50% of her actual attorneys fees through the date of
the hearing,
Respectfully Submitted,
s~&V~
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
Schedule A
Marital Assets
Asset Value Date of Marital Liens
Valuation Portion
Proceeds from sale of former marital $118,891.77 3/29/2001 100% None
residence at 502 Pawnee Drive 1 (net proceeds)
$2,223.92
(paid to DRO for
support arrearage)
Husband's account with the United Unknown2 9/2001 100% None
Water Resources Retirement Program
Husband's account with United Water $50,765.683 12/31/2000 100% None
Services 401 (k) Plan
Husband's individual retirement account $10,486.50' 12/31/1999 100% None
with the Vanguard Group
Joint investment account with the Unknown" 7/2000 100% None
Vanguard Group (Vanguard GNMA Fund)
Household furnishings and tangible Unknown6 7/2000 100% None
personal property at marital residence
I The marital residence was sold in March of 2001 for a gross sale price of $247,000.00.
A copy of the settlement sheet from that sale is attached hereto. The net proceeds have been held
in an interest bearing escrow account sine that time and should have increased somewhat because
of the interest earned.
2 Husband took a voluntary early retirement from his employment with United Water
Services in late 2000 and receives a single life annuity, payable to him for file, in the amount of
$1,507,69. In addition, he receives a "company enhancement" payment of $1,044.00 through the
end of March 2007. Wife proposes this asset be distributed in kind because the pension is in pay
status.
3 Wife believes husband withdrew funds from this plan sometime after 31 December 2000.
.
Wife has no more current information regarding the value of this account. The value will
have to be updated prior to any hearing.
5 By agreement of the parties, $10,000.00 was withdrawn from this account and divided
between them. Wife believes the remaining balance in the account was applied to pay expenses
relating to the maintenance of the home and its preparation for sale. Husband's attorney has
records of those transactions.
6 Wife believes the parties have previously divided these items and that involvement by the
Master or the court in that division will not be necessary.
,.., ~" -~
OMB NO 2502 0255 ......
- ,-r
A, B. TYPE 0 LOAN:
U.S. DEPARTMItNT OF HOUSING & URBAN DEVr=:lOPMENT '-DFHA 2.DFmHI,\ 3.~CONV. UNINS. ',OVA 5. DCONV. INS.
13. 01062. : 1 f. 4~~;9509. :
SETTLEMENT STATEMENT
8. MORTGAGE INS CASE: NUMBER:
C. NOIE: This form is furnished to give you 8 statement of actual settlement costs. Amounts paid fa amf by 1M s~tt1emenl agent ate: shown.
Items marked ~[POCr ware paid outside the cfosing; they are shown here for informational purposes and are not included In the totals.
1.03196 (01062.pfrl101OlJ2!361
D. NAME AND ADDRESS uF BuRRuWER: 1::, NAME AND ADDRE::i::i uf SELLt::R: F. NAME AND ADDRltSS OF lENDER:
John F. Smith Robert F. Roth and Washlnglon Mutual Home loans
CarynG.Roth Inc.
2000 Oxford Drive
Bethel Park, PA 15102
G. PROPERTY LOCATION: , H. SETTLEMENT AGENT: 251-63-6397 I. SEii'lEMENT DATE:
502 Pawnee Drive Keystone LaM Trar.sfer, 100.
Mechanicsburg, PA 17055 March 29, 2001
Cumberland County, Pennsylvania PLACE OF SETTLEMENT
3425 Market Street
Camp Hill, PA 17011
", ^,
~: 5SAM9UNTDU~FROMBUHRUWE : 4110. GROSS AMfJUNT omu 0 SGLLER~
n , ae' ''''e on ae ae, ",e
arson rope y ersona ropey
e emen arges 0 orrower n.
104,
rJus men S or/terns a, y e erm a vance uusmens r ems ., y e f!lrma vance
, "'"n ax.. , ","n axes =~
aun axes a I = L;oun y axes ~ =
, aa ax -= a .' e 00 ax
e..yer. ,. 4U~. :sewerlK6lUSe UJI;l\:llU1 0 1U',f'
m: ues ue,
120. GROSS AM{)UNT DUE FROM BORROWER 255,441.1B 420. GROSS AMOUNT DUE TO SEllER 248,375.67
200. AMOUNTS PAID BY OR iN BEHALF'OF BuRROwER: 500. RED C ~ iN A~O DU,E TO SE ER:
:" po I or eames money . cess lJeposlt (~ee Ins true s
. ncpa moun 0 ew oan 5 ~ :sa! emen argeslo ~ener {Lme 14UU)
lQ;:!. eXIS ng can 5 en SUDJect to . sngoans enSUj~
un s "' 10m ea ""., aYOlTo ,m a age ederman ean a
= ayo o seccn or gag~
,"f, aposl IS .asprocee 5
rJusmens or e.ms npsl y ;eller rJusmens Dr ems npal y .ee
'y awn axes a , awn axes a
l11. coun axes a 011. L;ounty laxes a
~ ,aa a:" ta , aa ax a
,
I"", 01',
220. TOTAL PAID BY/FOR BORROWER 243,534.29 520. TOTAL REDUCTION AMOUNT'DUE SEllER 129,423.90
" : :
10" aun ue rom orrower ne~ ross oun ,ue a . e, n.~
55 Amoun a y a' mrowe, n. e" edUC ons ue . ., n.
303, CASH ( X FROM) ( TO) BORROWER 11,906.69 603. CASH ( X TO) ( FROM) SELLER 116,691.n
~~
The undersigned hereby acknowledge receipt of a completed copy of pages 1&2 of this statement & any attachments referred to herein.
Ba~w~
Seller
~ c:J~
RaOertF,Ralh ~
Cf~ t:!t'Y!let
Caryn . Ro
L. SEYTLEMENT,CHARGES
00. 'll::i~IUN tl8sed on t'r1ce $ 247,000.00 @ 6.0000 %
IVIS on 0 mmfSSIOO /ne as OWS:
o t'leJlVlax Ke: . S Cia es, C-
o
omml n 81 a emen
f\)q-. H S
~OO.ITEMS PAY_ABl.-I:..I~ CUNNcC I ION
. an-omi na ae .
. i"DIitco ri '70
tlU~; Appllcooon I"e
re J apa
s ~p ee
ge I'lP. li9
upon ie
0 ,
H. ,t).
a <0" n "' . oans
10
as In on u ua om. ans
0
.,1,
aNtee e
ca on
merman
mer.can
era pres
oa ,
00 a
If ome
.,.,
vemlg
0".'
14,820.00
ax
ervlce, mo.
900.IT"EMS R!:!. NDERIO BE PNI:J INAI:IVA~CI:.
901.lnteresl rorrt 03121<1101 to 04/01/01 @ $" 38.420000/day ( 3 days
o 98 nsurance e m or man
za nSl,Ifan rerillum r years s e
po:lO .A.-
1301. Surv~y
6;S nllpeo.!ln
"\lnty/IWptaX
~mal1
11305. ~ea. IJIIl,:USl.l.eXI11~~ 10
11400.IUlAL JIIRGE5 {Ei)l&l'ol'l nes11l3,Secllon.) ana o02"Sectlon K)
By&lgn!J1gpag81ofllils6\ijf8"",~.the5111""Wf\I;IIIOOlmllWledgarec9jpIOlaCOlripIBlildc:bpyDlpag&2QfIhISlwopag7tat:~'~)'If. L? ~JJ ./ ~
Keystone I.<:ln I ransier, me.
WOo
100 . 'J:i~ I PO$'
1001. Hazara.In5.ura.rtqe
~~ge,,' ns_Ytaoce
~Y7TdWl'l axas
hUQi, ", il Y ,axes
15 000 ax
11)'.
I ""U. uTl. ~H""".~
1101. Sa.tt1emerrt or c;:r~ii1lJ Fee
os' i;lQ or e ::ie,art
. TIO.e Exa inatidn
~ ranee.1 er
"="O~'O_CU 0 ,para 00
. I)(t'ees
. iomey $ t'ees
Ii!S SVIJ om-num f9rs:
e U1~nc~ eys ne
metu(les ~/Jav8 Rem llumlJer.!,t:r'lOol1Jeman
en s e
1l1U. uwne S overfi"ge.
V~ry1lg
111;':. vlO&mg I"'rotecuen
ax
L
DE
rtlO(llllS @ :Ii
mon s
mon s
",on
mOOl==ms~
on
IlIOh
monthf> @ $
to
o
0,
o
Ejlys ne
n
ranser, ne.
10
n
rans er, ne.
o
eys ne n
eys e an
a ryo e
. an
I9nser, ne.
rans r,ne.
ax voJlemor
rans r, ne.
see 0
len ear
o
mo.
120'0. .' ERN RECUKDlN'b A l;J ER'L'HARbES
1201. ReCording FeeS: Deeiil $., 25.50; Mortgage $ ~01',!?0:,
I 9l1f1. ; ps'.
e a s: venue amps
s
AI.. 1111; 1 I LIiMGoNT l,;ftARuES
to
~:
. ,
II) Kf)U1ryl'j e
10
ory
xOJ .
Certified to be a true copy.
'-,IT
. %)
""' mon
per mon
per man
per monID
per monm
per mon
per montn
per ,month
o oy
Releases $
or a~
or age
ra on r.lspec.
Setuement Agent
PAID FROM
BORROWER'S
FUNDS AT
SETTLEMENT
115.26
.0,
pa!lll2
PAID FROM
SElLERS
FUNOSAT
SEITLEMENT
'.O.UU
n.oo
,
5.01
0,..'.'"
;':4,604.27
(01062/01082/36)
ADDITIONAL DISBURSEMENTS EXHIBIT I
-Borrower: John F. Smith
Seller: Robert F. Roth and Caryn G. Roth
Lender: Washington Mutual Home Loans Inc.
Settlement Agent: Keystone Land Transfer, Inc.
(717)731-4200
Place of Settlement: 3425 Market Street
Camp Hill, PA 17011
Settlement Date: March 29, 2001
Property Location: 502 Pawnee Drive
Mechanicsburg, PA 17055
Cumberland County, Pennsylvania
PAYEEIDESCRIPTlON
BORROWER
1,683.00
NOTi::/REF NO
C.W. Fritz Co.
Contract Billing
Siechler & Tillery
Radon
Hampden Township
Sewer/Refuse - thru 6/30
Sieepy Hollow Community Assoc.
H. O. Dues - thru 12/31/01
Mark W. Lauver
Repairs & Cleaning
_~?j[iifl~:::",C"
.' ~ -~--,-~~...;;'~'.."
PA American Water Co.
Water Sill
Bryan Withington
Cleaning
#052093
#207-34-5624
Total Additional Disbursements shown on Line 1305
$
0.00
'""
~
SELLER
640.00
356.47
285.00
630.00
~ ,,'
":;;2f~z"i'f
30.41
132.50
$
5,981.30
(01 062.pfdl01 062/37)
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
I
l~
II
1-
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
: NO.2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
: IN DIVORCE
PLAINTIFF'S ANSWER TO DEFENDANT'S PETITION FOR
EXCLUSIVE POSSESSION OF MARITAL RESIDENCE
AND NOW, comes Robert F. Roth, by his attorneys, Snelbaker, Brenneman &
Spare, PoCo, and answers Defendant's Petition for Exclusive Possession of Marital Residence as
follows:
1. Admitted,
2. Admitted.
3, Admitted,
4. Admitted in part and denied in part. It is admitted that the Defendant resides in the
marital residence with the minor child ofthe Plaintiff and Defendant, Jaime Ann Roth, born on
September 13, 1989. Based upon information and belief, it is denied that Defendant's son by a
prior marriage, Jonathan D. Stutz, born September 19,1981 no longer resides in the marital
residence. It is admitted that Jonathan Stutz was one of the Plaintiffs in the Protection from
Abuse action and was one of the parties protected by the order entered in that action.
5. Admitted in part and denied in part, It is admitted that Defendant suffers from
Recurrent Major Depression and has suffered from such condition since the birth of the parties'
child approximately ten years ago. Respondent is without knowledge or information sufficient to
,~J.....
'-'--" 'c',- - '., ,~,',' - .
".,
LAW OFFICES
SNEL8AKER,
BRENNEMAN
& SPARE
r
form a belief as to whether Defendant is currently under the care ofV. G. del Rosario, MoD" a
psychiatrist, for treatment of that condition, participates in group therapy on a regular basis and
takes medication for her depression, Therefore, the same is deemed to be denied and strict proof
thereof is demanded to the extent same is relevant to disposition of the Petition. By way of
further answer, it is averred that Defendant has recently infOlmed Plaintiff that she is no longer
taking any medication.
6. Denied. Plaintiff is without knowledge or information sufficient to form a belief as to
the truth about whether Defendant believes and has been advised by her physician that her
medical condition will be aggravated if the Plaintiff returns to reside in the marital home, that
Defendant believes that Plaintiffs return to the home will be detrimental to herself and to her son
Jonathan Stutz and that the conflict between the parties will be detrimental as well as to the
parties' daughter, Jaime. Therefore, same is deemed to be denied and strict proof thereof is
demanded.
7. Admitted in part and denied in part. It is admitted that Defendant is not employed. It
is denied that Defendant is "disabled" by her medical condition and, as a result, is not employed
and has no income other than support payments made by the Plaintiff. It is denied that she is not
able to obtain or pay for alternate housing. On the contrary, it is averred that Defendant has
substantial funds from an inheritance and that she could obtain or pay for alternate housing from
that funding source.
8. Denied, It is denied that the best interest of Defendant, the parties' minor child, and
-2-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
II
r
I
ii,
Plaintiff s child require that Defendant be awarded exclusive possession ofthe marital residence
and that the Plaintiff be excluded from that residence, until such time as the divorce and property
settlement are resolved. On the contrary, it is averred that it is not in the best interest of all of the
parties concerned to have Plaintiff excluded from the marital residence.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to deny Defendant's
prayer for exclusive possession of the marital residence,
Respectfully submitted,
Snelbaker, Brenneman & Spare, PoCo
By ~1fib
Phili H. Sp e, Esquire
Pa. Supreme Court LD. # 65200
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
Attorneys for Plaintiff, Robert F. Roth
-3-
LAW OFFICES
S N ELBAKER.
BRENNEMAN
& SPARE
II
I
!i
VERIFICATION
I verify that the statements made in the foregoing Plaintiffs Answer to Defendant's
Petition for Exclusive Possession of Marital Residence are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. CoSo S 4904 relating to
unsworn falsification to authorities.
l~hR.\:
\~ tl
-
~,
Robert F, Roth
Date: July 3, 2000
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
l!
"
"
r
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a true and correct copy of the
within Plaintiffs Answer to Defendant's Petition for Exclusive Possession of Marital
Home upon the attorney for Defendant by sending same by first-class mail, postage
paid addressed as follows:
Samuel L. Andes, Esquire
535 North Twelfth Street
P.O. Box 168
Lemoyne, P A 17043
Attorney for Defendant
SNELBAKER, BRENNEMAN & SPARE, PoCo
By JiJ!J~oo,
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff, Robert F. Roth
Dated: July 3, 2000.
'I~~'~ ^.", _ .7_,_. ;,',"~_' _",~__,_,____ '_'_',".'_ ,_
SNELBAKER, BRENNEMAN S SPARE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C. SNELBAKER
KEITH O. BRENNEMAN
PHILIP H. SPARE
717-697-8528
P. 0, BOX 318
FACSIMILE (717) 697-7681
August 13, 2001
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, P A 17013
Re: Roth vs. Roth
No, 2000-1380 Civil Term
Dear Mr. Elicker:
Enclosed is my Certification Form indicating that discovery is complete in the
above-referenced case.
Very truly yours,
~~
Philip H. Spare
PHS:jjc
Enclosure
cc: Samuel L. Andes, Esquire (w/enclosure)
Robert F. Roth (w/enclosure)
:'\", "
"" , c' -~'-~,I' ,- 'C. ,-
'." -,
,,", ~.",
'<-
,
Defendant
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROBERT F. ROTH,
Plaintiff
vs.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
IN DIVORCE
ORDER
I AND NOW this 3 -t day of ~,~ , 2000, upon consideration
I ::.-.v-
I of Defendant's Petition for Exclusive Possession of Marital Residence, a hearing is hereby
scheduled to be held before the undersigned in Court Room 5 of the Cumberland County
il Courthouse on nJtJNdA Y the .3 If:..d day of
I LT u- / V , 2000, commencing at 9: E {j o'clock ~.m.
Philip H. Spare, Esquire (Attorney for Plaintiff)
44 West Main Street, Mechanicsburg, PA 17055
~;qJJ
j - 0' -(JQ
RK3
Distribution:
Samuel L. Andes, Esquire (Attorney for Defendant)
525 North 1th Street, Lemoyne, Pa 17043
!W~"'-- ';.i~ilIJ__IliI""
d '""'___ -. 1,-
0..
(till\W'- ",..j.'~;;'~" ~-, ~";,, ;'''''-"'''-',",,"
Ffi..ED-Ot:FiCE
O~ -"~ .,,,^," '''t'OTARY
'r 1 1""";- !./~,'! 1\ ~'!\J 'I
., "'~ ' 1 '..' . I ,
00 MIW - 8 AM 8: I 6
CUMBERLAND COUNTY
PENNSYI.YA.~\A
.
~~"
_t
Plaintiff
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROBERT F. ROTH,
vs,
CIVIL ACfION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
DEFENDANT'S PETmON FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and
moves the court an award of exclusive possession of the marital residence, based upon the
following:
1. The Petitioner herein is the Defendant, Caryn G. Roth. The Respondent herein is the
Plaintiff, Robert F. Roth.
2. The parties are husband and wife and are the owners of a mari tal residence at 502
Pawnee Drive in Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant are currently separated as a result of an order entered by this
court in a Protection from Abuse action filed by the Defendant herein to No. 95-220 Civil Term.
That order was entered in May of 1999 and, by its terms, excluded the Plaintiff herein from the
marital residence at 502 Pawnee Drive in Mechanicsburg. That order is set to expire on 5 May
2000.
4. The Defendant resides in the marital residence with the minor child of the Plaintiff and
Defendant, Jaime Ann Roth, born 13 September 1989, and the Defendant's son by a prior
marriage, Jonathan D. Stutz, born 19 September 1981. Jonathan Stutz is one of the Plaintiffs in
the Protection from Abuse action and is one of the parties protected by the order entered in that
action.
5. Defendant suffers from Recurrent Major Depression and has suffered from such
condition since the birth of the parties child approximately ten years ago. She is currently under
-
II
ii'
,
,
I
II
! the care of V.G. del Rosario, M.D., a psychiatrist, for treatment of that condition, participates in
I group therapy on a regular basis and takes medication for her depression.
I 6. Defendant believes, and has been advised by her physician, that her medical condition
I will be aggravated if the Plaintiff returns to reside in the marital home. Defendant believes the
I Plaintiff's return to the home will be detrimental to herself and to her son Jonathan Stutz and
that the conflict between the parties will be detrimental as well to the parties' daughter, Jaime.
7. Defendant is disabled by her medical condition and, as a result, is not employed and
I has no income other than support payments made by the Plaintiff. As a result, she is not able to
I obtain or pay for alternate housing,
8. The best interest of Defendant, the parties' minor child, and Plaintiff's child, require
that Defendant be awarded exclusive possession of the marital residence and that the Plaintiff be
excluded from that residence, until such time as the divorce and property settlement are
resolved.
WHEREFORE, Defendant prays this court to award her exclusive possession of the
marital residence at 502 Pawnee Drive in Mechanicsburg, Cumberland County, Pennsylvania, and
to exclude the Plaintiff from said property until the divorce in this matter is concluded or until
further order of this court.
~~
Sa L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
!"
, COMMONWEALTH OF PENNSYLVANIA )
) 55.:
COUNTY OF CUMBERLAND )
CARYN G. ROTH, being duly sworn according to law, deposes and says that the facts set
, forth in the foregoing document are true and correct to the best of her knowledge, information,
and belief.
II
i
I
Q '8~
caryn~ .
Sworn to and subscribed
befo~ ~ !/liSf) c:9SIh day
of GL{J UJL , 2000.
r;;;;:---~
~~~
LAW OFFICES
SNEI..BAKER.
BRENNEMAN
Be SPARE
'I
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000 -/3l'O CIVIL TERM
CIVIL ACTION - LAW
ROBERT F, ROTH,
Plaintiff,
VS.
CARYN G, ROTH,
Defendant
IN DIVORCE
RULE
AND NOW, this
/(,,~
day of fIl~
, 2000, upon
consideration of Plaintiffs Petition for Special Relief, a rule is issued upon
should not be granted. Rule returnable within
/S'"
Defendant Caryn G. Roth to show cause, if any she has, why the relief requested
"-,'-- ".0_".__,,< :".
days of service.
;7.
~l' 00
v'
.,- \ 0;
~f:
.
, ~JID-Oi.'_
eF TH~ j5OOiHt),\1OTAFlY
00 MAR 16 AM 9: II
CUMBERl.AND OQUNT\'
PENNSYLVANIA .,'
- -, ~_... I-~ '"' - -,
~w OFFICES
$NELBAKER.
BRENNEMAN
8: SPARE
'~"o' "
.
,I
I
,
ROBERT F. ROTH,
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2000-JdJ'tJ CIVIL TERM
CIVIL ACTION - LAW
vs.
CARYN G, ROTH,
Defendant
IN DIVORCE
PETITION FOR SPECIAL RELIEF
1. Petitioner, Robert F. Roth, is an adult individual residing at 120 North
21st Street, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Respondent, Caryn G. Roth, is an adult individual residing at 502 Pawnee
Drive, Hampden Township, Mechanicsburg, Cumberland County, Pennsylvania,
17055.
3. The parties have been separated since in or about February of 1999.
4. Petitioner recently initiated this action by filing a Complaint in Divorce.
5. The marital assets of the parties' include substantial equity in the marital
home in which Defendant is residing, Petitioner's retirement benefits through his
employer, United Water Resources, and several investment accounts.
6. Petitioner is paying substantial child support and spousal support to
Defendant.
7. Petitioner is without adequate financial resources to meet his financial
obligations.
8. The parties are joint owners of an account invested in Ginnie Mae funds
through Vanguard Investments in the approximate amount of $16,000.00.
9. Defendant receives the statements and dividend checks for the joint
account described in the foregoing paragraph.
~ dO ,'- .. .-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
f-~
"
I
I
10. Based upon information and belief, it is averred that Defendant is
cashing the monthly dividend checks despite the fact that said checks require the
signatures of both Petitioner and Defendant.
11. There are substantial marital assets other than the above-referenced
joint account which could be utilized in equitable distribution of the marital estate.
12. Through counsel, Petitioner has informed Defendant of his desire to
divide the joint account in order to provide each of the parties with some liquid
assets at this time.
13. Despite requests, Defendant has failed and refused to agree to permit the
liquidation of the joint account.
14. Respondent has not consented to the relief sought in this Petition.
WHEREFORE, Petitioner respectfully requests your Honorable Court to
enter a rule upon Respondent to show cause why the joint Ginnie Mae Fund
invested with Vanguard should not be liquidated and divided equally between the
parties.
Respectfully submitted,
Snelbaker, Brenneman & Spare, P.C.
BY'-'ilfll~ .
hili . Spare, Esquire
Pa. Supreme Ct. ID #65200
44 West Main Street
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Petitioner,
Robert F, Roth
Date:
Mal"ch 8, 2000
.
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
.
VERIFICATION
I verify that the statements made in the foregoing Petition for Special Relief
are true and correct. I understand that false statements herein are made subject to
the penalties of 18 Pa. C.8. ~ 4904 relating to unsworn falsification to authorities.
t)
\~~~l \. ~Ltt;--
Robert F. Roth
Date: March 7, 2000
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a true and correct copy of the
within Petition for Snecial Relief upon the Attorney for the Defendant by sending
same by first-class mail, postage paid addressed as follows:
Samuel A. Andes, Esquire
525 North 12th Street
P.O. Box 168
Lemoyne, PA 17043.
SNELBAKER, BRENNEMAN & SPARE, P.C.
BY~~
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Petitioner
Dated: ,March 13, 2000
. ,
PI a i ntiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY , PENNSYLVANIA
ROBERT F. ROTH,
vs.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
DEFENDANT'S ANSWER TO PLAINTIFF'S PETITION FOR SPECIAL RELIEF
AND NOW comes the above-named Defendant, by her attorney, Samuel LAndes,
and makes the following Answer to Plaintiff's Petition for Special Relief:
1-5. Admitted.
6. It is admitted that Plaintiff pays child and spousal support in accordance with
the Pennsylvania guidelines but denies that such payments are "substantial" or are adequate
, for Defendant to meet the needs of herself and the children.
7. Denied. Plaintiff generates significant income from his employment and also
Ii enjoys a benefit of several of the parties' marital assets.
I' 8. Admitted.
,I
I!
9.
Admitted.
10. Denied. To Defendant's knowledge, the dividend checks have not been cashed
and she has not cashed any of those checks herself.
I:
11. Admitted in part and denied in part. There are substantial other assets, but
" there are very few cash assets available to the parties, most of the marital assets being tied
up in real estate or retirement accounts.
12. Admitted.
13. Admitted. By way of further answer, Defendant states that she does not want
this account liquidated because it is critical to the ultimate distribution of assets in the case,
because it represents some of the few cash assets available to the parties.
14. Admitted.
.
I '
Relief.
WHEREFORE, Defendant prays this Court to dismiss Plaintiff's Petition for Special
~
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
~
'.-' '..~~,-- -; .,. ",- -
.
COMMONWEALTH OF PENNSYLVANIA
)
)
)
55.:
COUNTY OF CUMBERLAND
SAMUEL L. ANDES, being the attorney of record for the Defendant, Caryn G. Roth,
certifies that the statements made in the attached Answer to Petition for Special Relief are
true and correct to the best of his knowledge, information, and belief.
~~
UEL L. NDES
Sworn to and subscribed
before me this ..:30th day
of v40ACh/ , 2000.
WnftLrn ~~
otary bhc
~..
.' AlWII. .......u,IfIlIIIy,.
... 1lID.'=' 1.1; It ".PA
O. lwL -~I'fI\IINIlv.2IC,_
'''''''-''.'~''''- ~~->-"'~'.....,.-~"'''.,.~.,."..-,''-
I .
.
ROBERT F. ROTH,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTION - LAW
NO, 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
IN RE: AGREEMENT OF THE PARTIES
ORDER OF COURT
AND NOW, this 3rd day of July, 2000, by
agreement of the parties, it is hereby ordered and directed
as follows:
1. Wife shall have exclusive possession of
the marital residence at 502 Pawnee Drive, Hampden
Township, Cumberland County, Pennsylvania, until August 15,
2000.
2. Husband may enter the garage upon 48
hours notice to wife for the specific purpose of retrieving
tangible items of personalty agreed upon by both parties.
3, Neither party shall sell or dispose of
any marital property or any nonmarital property belonging
to the other party.
4, The above-referenced marital residence
shall be listed for sale with an agreed upon realtor at an
agreed upon price.
If the parties cannot agree upon a
realtor by July 10, 2000, the attorneys, by mutual consent,
are authorized to choose a realtor, and sign a listing
f', ,<'
",ur:,'--""- -.,-~
, ,
, .
.
agreement on behalf of the parties.
If the parties have not agreed upon a price
by said date, the listing price shall be set by the realtor
chosen, but in no event shall it be less than $250,000.00.
5. The jointly owned Vanguard GM fund shall
be liquidated forthwith, and the proceeds distributed as
follows:
a. $5,000.00 to each party.
b. The balance to be placed in the escrow
account of husband's attorney, and to be used to pay for
repairs and improvements necessary to allow the home to be
listed and sold.
c. As otherwise mutually agreed by the
parties.
By the Court,
Edward E. Guido, J.
Philip H. Spare, Esquire
For the Plaintiff
Samuel L. Andes, Esquire
For the Defendant
:mae
: ,--"
ii':,-
,- ,':' ~'~7I-;,:~;::~~ :;: "'." ,
"
;"";,
~
~O
~ / <\'~'O
V ~
r","IiU !
4
'v.,
IliI:Iit
~. .~" Jjli@l.'
OF
t-! LJ;~':~:~f~~;r~~;';,~)TARY
00 JUl. -5 AM 8: 36
CUM8EriLAND COUNTY
PENNSYLVANiA
_ _ _ _~_~-,,_;o- '.' "
II
"
,
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G, ROTH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW this z~ ~ day of n,ay ,2001, upon
consideration of the attached Motion to Compel. the Plaintiff is hereby directed to
re.r",." eI 'fu
.Qroduce nng provide to ggf~ndont'~ c;rll'm@1. thoE@ dOCL'm9ntE dewFibed iA the
Defendant's Request for Production of Documents and Things which is attached to
Defendant's Motion Slll"'h rl()rllment~ m tn '@. CQl+lralete, C1I,d acculole c015ie3 of 3uch
.doeuII lei ,t3, 31,011 Ut:: Jelivt::' <::d 10 Defenduril' ~ \...OUI ,3EI within ~ days of the date of
SUV'of this Order.
BY THE COURT,
AL
Distribution:
Philip H. Spare, Esquire (Attorney for Plaintiff)
44 West Main Street. Mechanicsburg, PA 17055
Samuel L. Andes, Esquire (Attorney for Defendant) .
525 North 12th Street. Lemoyne, PA 17043 r/ 0.::1:>'
l/ o~"t
J.
uW'"
ll~~
i.M-r't"
..,~,,'~ '.
~iIlIl'"'-
~. "I~ ~
>.1,>
;!l'll!"
.-'
>"",'oM"'"",,
." -~-
","',
() c:.:-
,"
~,.
0]\~;~'
%-p:
sF
C~C--
~(:.
~__l )
Y'C
~,
" "',
';'.-;'
'.~c.:
r'-',,,)
~"J
-...'
,j
,-
\s-~
'-?
-:"....-'
-(i~r'
"0
::Z.
.-
r I,
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVil ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW this
day of
,2001. upon
consideration of the Defendant's Motion to Compel. a conference is hereby scheduled
before the undersigned, to be held in Court Room No. _ of the Cumberland County
Courthouse in Carlisle, Pennsylvania, commencing at o'ciock ,m. on
the
day of
, 2001.
BY THE COURT,
J.
Distribution:
Philip H, Spare, Esquire (Attorney for Plaintiff)
44 West Main Street, Mechanicsburg, PA 17055
Samuel L Andes, Esquire (Attorney for Defendant)
525 North 12th Street, lemoyne, P A 17043
II
vs.
)
)
}
)
)
}
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROBERT F. ROTH,
Plaintiff
CIVil ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
MOTION TO COMPEL
AND NOW comes the above-named Defendant, by her attorney, Sarnuel L.
Andes, and moves the court for an order to compel the Plaintiff to provide
documents previously requested by Defendant, based upon the following:
1. The moving party herein is the Defendant, Caryn G. Roth. The responding
party herein is the Plaintiff, Robert F. Roth.
2. On 6 April 2001 Defendant, by her attorney, submitted a Request for
Production of Documents and Things to Plaintiff, through his attorney. Attached
hereto and marked as Exhibit A is a copy of Defendant's Request.
3. Prior to serving the formal Request, Defendant's attorney had requested
the financial information described in his Request for Production from Plaintiff's
attorney on several occasions.
4. The information sought by Defendant is critical to her in this case because
it will provide her with confirmation of Plaintiff's income as well as a description of
the marital assets. Without such information, Defendant and her attorney cannot
properly prepare this case for litigation or for settlement.
5. Plaintiff has not filed any objections to Defendant's Request for
Production and has not offered any explanation as to why he has not provided
the documents.
!l
WHEREFORE, Defendant moves this court to enter an order directing any
compelling Plaintiff to provide the documents described in Defendant's Request
for Production a copy of which is attached hereto and marked as Exhibit A.
~
Attorney for Defendant
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
:-- ,I
COMMONWEALTH OF PENNSYLVANIA )
) SS.:
COUNTY OF CUMBERLAND )
SAMUEL L. ANDES, being duly sworn according to law, deposes and says
that the facts set forth in the foregoing document are true and correct to the best
of his knowledge, information, and belief.
s~Sff1:J~
Sworn to and subscribed
before me this \'-t'~ day
of ~ ,2001.
~\-fut...~\.~)
Notary P ,lie.
,,- , --"'- ~",,'--
JI
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Motion to Compel
upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed
as follows:
Philip H. Spare, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Date: 17 May 2001
~
Samuel L. Andes
Attorney for Defendant
, ,
-
Exhibit A
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 16B
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(7J7) 761-5361
6 April 2001
FAX
(717) 761-1435
Philip H. Spare, Esquire
44 West Main Street
Mechanicsburg, PA 17055
RE: Robert F. Roth
Dear Phil:
I have decided to issue a formal Request for Production for the
documents I need from Mr. Roth. I know that the parties have been busy
recently with the move and the settlement on their house and that is why he
has not yet provided the information I requested. I thought it would be
better if I served a formal request upon you, to set a deadline for me to
receive this information, Since I understand he was assembling those
documents anyway, I trust this will not be any big imposition upon you or
him.
Please get this information to me as soon as you can so we can look
at the assets and issues in the case and try to get it resolved.
Sincerely,
Samuel L. Andes
amh / Enclosure
M' ~n
,
-= I
Plaintiff
IN THE COURT Of COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
ROBERT F. ROTH,
vs.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
REQUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
TO: Robert F. Roth
c/o Philip H. Spare, Esquire
, 44 West Main Street
Mechanicsburg, Pa 17055
You are requested, in accordance with Pa. R.C.P, 4009, to deliver to the office of the
undersigned at 525 North 12th Street, Lemoyne, Pennsylvania, or otherwise make
arrangements reasonably satisfactory to the undersigned, for his inspection or examination,
copies of the following documents, articles, and things, within thirty (30) days of the date of
this Request. For purposes of this Request, all computer records and information available
on computer records or within computer programs, should be included within the Request
for Production. That is, this Request is not limited to documents or "hard copies" of
records, but should include computer records, tapes, disks, and other media as well as paper
documents.
1. Copies of all documents relating to your retirement and any pension for you which
you applied and for which you are currently being paid, including all documents relating to
any survivor's benefits or other death benefits that were available or are available to your
spouse, at the time of retirement, or since then.
2. Copies of statements showing the balance in any 401 (k) Plan, profit sharing plan,
individual retirement account, or other tax-deferred type of asset held in your name, held for
your benefit, or otherwise controlled by you. The statements should include year end
statements for 1998, 1999, and 2000 and any statements you hav~ received during
calendar year 2001 through the date of this Request.
-~ ;.~
~.
"
.1
3. Copies of documents showing the balance in any bank accounts, mutual funds,
investment accounts, or similar financial assets held by you, for you, or held otherwise for
your benefit or under your control. The statements should include year end statements for
1998, 1999, and 2000 and any statements you have received during calendar year 2001
through the date of this Request.
4. Copies of any documents relating to your liquidation, transfer, sale, or other
disposition of any assets, or reflecting any withdraw or expenditure from any such asset in
excess of $1,000.00 for the period 1 January 1998 to the present.
5. Copies of your federal income tax returns for the tax years 1998, 1999, and
2000 (when prepared). The copies should be accurate copies of the returns as you filed
them and should include copies of W-2 Statements, 1099 Statements, K-1 Schedules, and
other documents either filed with the return or used to prepare the return.
6. If not otherwise provided, copies of W-2 Statements and 1099 Statements you
have received for tax year 2000.
{sf S1J'ltULLi ~0Jtr1vv
Samuel L. Andes
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
. ~"
-, ".-
.
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Request for Production
of Documents and Things upon counsel for the Plaintiff herein by regula~ mail, postage
prepaid, addressed as follows:
Philip H. Spare, Esquire
44 West Main Street
Mechanicsburg, Pa 17055
Date: 6 April 2001
~JJ 01\tUti 1 ~ Qnol2 /ir--
Samuel L. Andes
Attorney for Defendant
":' "'"
"
, ,
SAMUEL L, ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE,PENNSYLVANIA 17043
TELEPHONE
(717) 761-5361
13 September 2001
FAX
(717) 761- 1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, Pa 17013
RE: Roth vs. Roth
No. 2000-1380 Civil Term
Dear Mr. Elicker:
Enclosed is a Pre-Trial Memorandum which I file on behalf of the
Defendant, Caryn Roth, in the above matter. I request that you schedule a pre-
trial conference at your early convenience so we can proceed with the case.
Thank you for your cooperation.
Sincerely,
amh / Enclosure
cc: Philip H. Spare, Esquire
I
- ; -., ,,' - . ~ .~" - ,-j' '
- ~ en' "
SNELBAKER, BRENNEMAN S SPARE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C 5NELBAKER
KEITI-I O. BRENNEMAN
PHIUP H. SPARE
717-697-8528
P. O. BOX 318
FACSIMILE (717) 697-7681
September 14,2001
E, Robert Elicker, II, Esquire
Office of Divorce Master
9 North Hanover Street
Carlisle, P A 17013
Re: Roth v. Roth
No, 2000-1380 Civil Term
In Divorce
Dear Mr. Elicker:
Enclosed for filing is the original Pretrial Statement for Plaintiff Robert F, Roth in
the above referenced matter.
Very truly yours,
~
Philip H. Spare
PHS/sz
Enclosure
CC: Samuel L. Andes, Esquire (w/enclosure)
Robert F, Roth (w/enclosure)
" ":-""l":- '-.-~ " , -.'," .'p""""---, >" ,~-" .'e,_ , ~,- <'" ," , , u -.,
" " " , ,
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
I
I
I
".~
ROBERT F. ROTH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
vs,
NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
IN DIVORCE
Defendant
PLAINTIFF'S RESPONSE TO DEFENDANT'S
MOTION TO COMPEL
AND NOW, comes the Plaintiff, Robert F, Roth, by his attorneys, Snelbaker, Brenneman
& Spare, P,C. and provides the following response to Defendant's Motion to Compel:
1. Admitted,
2. Admitted.
3, Admitted in part and denied in part. It is admitted that prior to serving a formal
Request, Defendant's attorney had requested some of financial information described in his
request for production of documents from Plaintiff s attorney, It is denied that all of the
financial information described in the request for production of documents had been requested
on several occasions prior to serving the formal Request.
4, Admitted in part and denied in part. It is admitted that the information sought is
relevant to the case. It is denied that said information is "critical" to the case and without such
information, Defendant and her attorney cannot properly prepare this case for litigation or
settlement.
5. Admitted in part and denied in part. It is admitted that Plaintiff has not filed any
objections to Defendant's Request for Production, It is denied that Plaintiff has not offered any
explanation as to why he has not provided the documents. On the contrary, Plaintiffs attorney
T
-
has explained to Defendant's counsel that Plaintiff has been unable to locate the requested
documents due to time constraints, moving several times in the recent past and generally being
unable to locate the requested information,
WHEREFORE, Plaintiff requests your Honorable Court to deny the relief requested by
Defendant in the Motion to Compel and to enter an Order allowing Plaintiff an additional ninety
(90) days to provide the documents described in Defendant's Request for Production of
Documents.
NEW MATTER
7, On or about June 26, Plaintiffs counsel served upon Defendant's counsel
Plaintiffs Response to Defendant's Request for Production of Documents and Things, which
Response provided much of the information requested by Defendant. A copy of said Response
(without enclosures) is attached hereto as Exhibit A and incorporated herein by reference,
8. Defendant's counsel has written to Plaintiffs former employer and has obtained
much of the information sought directly from Plaintiff.
WHEREFORE, Plaintiff requests your Honorable Court to deny the relief requested by
Defendant in the Motion to Compel and to enter an Order allowing Plaintiff an additional ninety
(90) days to provide the documents described in Defendant's Request for Production of
Documents,
Respectfully submitted,
Date: June 26, 2001
~-i~&SPARE'PC
P dip . Spare, sqUIre
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff, Robert F. Roth
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
I
,<
- -I'.
,
,-
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
ROBERT F. ROTH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
vs,
: NO: 2000 - 1380 CIVIL TERM
~ARYN G. ROTH,
IN DIVORCE
Defendant
PLAINTIFF'S RESPONSE TO DEFENDANT'S
REOUEST FOR PRODUCTION OF DOCUMENTS AND THINGS
AND NOW, comes Robert F. Roth, Plaintiff, and provides the following response to
Defendant's Request for Production of Documents and Things which was served upon Plaintiffs
counsel on or about April 6, 2001:
I. Enclosed are copies of the following documents responsive to this request:
A. Connecticut General Life Insurance Company Beneficiary Election and
Change Form dated October II, 2000;
B. Emollment form for Direct Deposit of pension payments by electronic
funds transfer dated October 11, 2000;
C. United Water Retiree Medical Plan Emollment/Waiver Form dated
October II, 2000;
D. Retirement Payment Election Form for Employees' Retirement Plan dated
October II, 2000; and
E. Attachment A-Voluntary Early Retirement Program Agreement for United
Water dated August 31,2000 (signed by employee October 5,2000).
E~hihit ^ (Page 1 of 5)
-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
2. EnClosed are copies ofthe following documents responsive to this request:
A. United Waterworks, Inc., Savings Plan No: 090335 for Robert F. Roth
(Social Security Number: 207-34-5624) Statement dated October I, I 999-December 31,
1999 (6 p~ges); and
B. December 31, 1999 year-to-date Portfolio Summary The Vanguard Group
Statement No: 007683161 Robert F, Roth - Vanguard Wellington Fund (IRA) and
Vanguard Windsor II Fund (IRA). (Note: This statement also shows values as of
12/31/1998).
3. Enclosed is a copy of the following document responsive to this request: The
Vanguard Group, Vanguard GNMA Fund Statement dated February 29,2000; Account Number
9905826403 Robert F. Roth and Caryn G. Roth joint tenants with right of survivorship,
4. Plaintiff has no documents responsive to this request at this time.
5. Enclosed are copies ofthe following documents responsive to this request:
A. 1998 Federal Income Tax Return;
B. 1999 Federal Income Tax Return; and
C. 2000 Federal Income Tax Return and May 28, 2001 letter from Internal
Revenue Service,
Exhibit A (Page 2 of 5)
2
;;~~. ~"
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
,-~-,""
6. See response to No.5 above,
SNELBAKER, BRENNEMAN & SPARE, P.C,
BY~
P ilip . Sp e, EsqUIre
Pa. Supreme Court ID # 65200
44 West Main Street
P.O. Box 318
Mechanicsburg, PA 17055-0318
(717) 697-8528
Attorneys for Plaintiff, Robert F. Roth
Date: July 26, 2001
Exhibit A (Page 3 of 5)
3
1"1-
, ,
1-
LAW OFFICES
SNELBAKER.
BRENNEMAN
Be SPARE
:"
VERIFICATION
I verify that the statements made in the foregoing Plaintiff s Response to Defendant's
Request for Production of Documents and Things aretrue and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. CoSo S 4904 relating to unsworn
falsification to authorities.
(~\~~ ~,~Si\,l
Robert F. Roth
Date: June.;25, 2001
Exhibit A (Page 4 of 5)
,---
-
-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a true and correct copy of the within Plaintiff s
Response to Detendant's Request for Production of Documents and Things upon the attorney for
Defendant by sending same by first-class mail, postage paid addressed as follows:
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, P A 17043
Attorney for Defendant
SNELBAKER, BRENNEMAN & SPARE, P.c.
BY:~
Pilip ,Spar, EsqUIre
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff, Robert F. Roth
Dated: June :;lb ,2001.
Exhibit A (Page 5 of 5)
LAW OFFICES
SNELBAKER.
BRENNEMAN
8: SPARE
",' ,
VERIFICATION
I verify that the statements made in the foregoing Plaintiffs Response to Defendant's
Motion to Compel are true and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. CoSo S 4904 relating to unsworn falsification to authorities.
~b~~ ~, K9 tb--
Robert F, Roth
Date: June~, 2001
I
.-
,
LAW OFFICES
SNEL8AKER,
BRENNEMAN
& SPARE
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a true and correct copy of the within Plaintiff s
Response to Defendant's Motion to Compel upon the attorney for Defendant by sending same by
first-class mail, postage paid addressed as follows:
Dated: June.2b ,2001.
I
Samuel L. Andes, Esquire
525 North Twelfth Street
P,O. Box 168
Lemoyne, P A 17043
Attorney for Defendant
SNELBAKER, BRENNEMAN & SPARE, P.C,
By: Qn 1dfL/J
Phi~e
44 West Main Street
P.O, Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff, Robert F. Roth
-
UnitedWater1~-
, I UY7.
MA\ I \.c0\ d-J I
-'0
,
United Water Resource~
200 Old Hook Roae
Harrington Park, NJ 07640-179t
telephone 201 784 943L
facsimile 201 76765n
May 7, 2001
Todd A. Moul
Program Coordinator
Domestic Relations Section
Cumberland County
13 North Hanover Street
P.O. Box 320
Carlisle, P A 17013
RE: Docket # 00699 S 1999
Caryn GRoth vs
Robert FRoth
Dear Mr, Moul:
As per your request, the illustration below is the calculation of the benefits to be paid to Robert F
Roth by United Water Resources Inc, Retirement Plan. Based upon these calculations, please
note the following:
Single Life Annuity per month
Social Security Supplement per month
$1,507.69
$1.044.00
Total
$2,551.69@50%=$1,275.85*
*Amount exceed total represented on QDRO by $19.70
Under the Social Security Supplement, this amount will cease once Mr, Roth qualifies to receive
Social Security at age 62. The Social Security Supplement of $1,044.00 will discontinue as of
May 1,2007.
Subsequent payments should be $1,275.85, which is 50% of the participant's monthly premium,
Banker's Trust has been notified to begin payment.
Enclosed are tax forms and a direct deposit application for the applicant.
Sincerely,
for Bergis Mamudi
Manager - Benefits
~"lJ"!'I..~. ,~.
-~ -I
-
-
11
..
, .
"
,.
.;.
.
!i
ROBERT F. ROTH, } IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
}
CARYN G. ROTH, ) NO. 2000-1380 CIVIL TERM
Defendant ) IN DIVORCE
ORDER OF COURT
AND NOW, this
;,.~
day of
,; ,.,-.. t.....,
, 2001, upon
consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff to show
cause, if any he has, why the relief requested therein should not be granted.
Rule returnable ~ days from service upon counsel for Plaintiff.
~
r~~\fG~
15'
J.
Distribution:
Philip G. Spare, Attorney for Plaintiff, P.O, Box 318, Mechanicsburg, PA 17055
Samuel L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, PA 17043
..
,
..
.;,
~
ROBERT F. ROTH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
"
, ) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
CARYN G. ROTH, ) NO. 2000-1380 CIVIL TERM
Defendant ) IN DIVORCE
ORDER OF COURT
AND NOW this
day of
, 2001, upon consideration
of the attached Petition, a hearing is scheduled before the undersigned commencing at
If
o'clock
.m. on
, the
day of
, 2001, in Court Room No.
of the Cumberland County Court
House, Carlisle, Pennsylvania.
BY THE COURT,
~ ~
J.
Distribution:
Philip G. Spare, Attorney for Plaintiff, P.O. Box 318, Mechanicsburg, PA 17055
Samuel L. Andes, Attorney for Defendant, P.O. Box 168, Lemoyne, PA 17043
~
i
!
I
~
Ii
II
I'
~,
I
,1
f'
II
"
i
II
,j
~
l!
I
f1
I
I
I
I
I
I
i
I
I
~
f
f
I
I
I
,
f
I
r;.,_,.
II
,-
,
;.
""
. "
ROBERT F. ROTH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
CARYN G. ROTH, ) NO. 2000-1380 CIVIL TERM
Defendant ) IN DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes,
and moves the Court for special relief in the above mat~er, in the form of a release of funds
from escrow, based upon the following:
1. The Petitioner herein is the Defendant. The Respondent is the Plaintiff.
2. The parties have been separated for many months and the economic claims in
this case are currently awaiting a hearing before the master.
3. Among the assets in the case are the cash proceeds from the sale of the former
marital residence, which was sold in March of 2001. After an advance distribution of a
portion of those proceeds, to each of the parties, the balance of the cash proceeds were
deposited in an escrow account under the control of Plaintiff's attorney. The balance in
that account at the present time exceeds $70,000.00.
4. Among the other marital assets of the parties was a 401 (k) plan which the
Plaintiff held with his employer which had a value, as of December, 2000, in exceed of
$50,000.00. Plaintiff withdrew the funds from that account and Defendant is not aware
what disposition Plaintiff made of the funds.
5. Defendant is disabled and unable to hold regular or full-time employment. As a
result, Defendant is without regular income with which to meet her financial needs and the
financial needs of two children who reside with her, one of whom is the child of her
marriage to the Plaintiff.
..
~
T
'~
6. Defendant wishes to receive a portion of the funds being held in escrow, which
represent the proceeds of the sale of the marital residence, and use those funds to meet
her current housing and other financial needs. Defendant has requested that Plaintiff
consent to such a distribution but Plaintiff has not, to date, made any response to that
request.
7. Defendant, by liquidating his account with his former employer's 401 (k) plan,
has received more than $50,000.00 in marital assets. For that re,ason, Defendant believes
that she is entitled to most, if not all, of the funds remaining in the escrow account. It
would appear, from the lack of other significant financial assets, that Defendant will have
to receive at least $50,000.00 from the proceeds of the sale of the residence for her to
receive a distribution equal to the funds already taken by Plaintiff.
8. Defendant needs from the funds from the escrow account, or at least
$50,000.00 of those funds, to meet the financial needs of herself and her children.
WHEREFORE, Defendant prays this Court to order the distribution to her of all of the
funds remaining in the escrow account which represents the proceeds of the sale of the
marital residence.
~...8P1J. ~
el L. And s
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
I verify that the statements made in this document are true and correct. I understand
that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
DATE:_~bflS'ldfJO(
~g.RW\
CARYN G. R H
II
"
;
;.
','
. '
CERTIFICATE OF SERVICE
I hereby certify that on 19 November 2001 I served a copy of the foregoing
document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as
follows:
Philip G. Spare, Esquire
P.O. Box 318
Mechanicsburg, PA 17055
~~.~
Sa' el L. An es
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
'"
-
4,
~;
I.,
~. r-~
......
.'. ","~I1r
~1~"II~1W.
o
C
'2.":
-oeD
rrlll'1
~S~
?lJ
'C
?0
z(-)
'J'>e:
:z
~
,.
c::>
z
(:)
,-,,,:::-
"
(:}
r-,.)
c::>
~'.-:~
~~i~)
.-,--. "
'~~G
;:,::-;rn
,-j
~..,,;
S3
-<
~
-~
?
r:-
....J
1~""'_'
ROBERT F. ROTH, ) IN THE COURT OF COMMON
I Plaintiff ) PLEAS OF CUMBERLAND
II
Ii ) COUNTY, PENNSYLVANIA
)
I vs. ) CIVIL ACTION - LAW
! )
CARYN G. ROTH, ) NO. 2000-1380 CIVIL TERM
Defendant ) IN DIVORCE
ORDER OF COURT
i
I
AND NOW this J.f-th day of ~^,l..iAd
, 2002, upon
consideration of the attached motion, a hearing is scheduled before the undersigned
commencing atj:J() o'clock L.m., on I~ j"~N,(dAY. the :J.. 7-thday of
r~d ,2002, in Court Room No. s... of the Cumberland County Court
House, Carlisle, Pennsylvania.
ij~a," L:.-.Cu,'Jd
I
J.
Distribution:
v"Philip G. Spare, Attorney for Plaintiff, P.O. Box 318, Mechanicsburg, PA 17055
.,/Samuel L. Andes, Attorney for Defendant, P.O. Box' 168, Lemoyne, PA 17043
.1-'1' dd' tlJ;fiJ
I ...J f.,~
(,1I1)f
- ~
L~fl RX3
-,'-'-',--. (~.- .
[_d_'~ ,-_~ '~.1 - -' - r
.
''''I
~:dIi'
.
',..,.>',M. 'd"." -
.,".' - ,'.
1~-:,i""h~'.J '. Oi:';::!CF
. . '/)'KJT,rlHY
02 ,}!(~j 29 AM 8: 3D
CUMBERLAND COUNTY
PENNSYLVANIA
" -.,
,- .--.
.~ ,. , ;"
I' ROBERT F. ROTH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
CARYN G. ROTH, ) NO. 2000-1 380 CIVI L TERM
Defendant ) IN DIVORCE
,
'I
I'
I MOTION FOR HEARING
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes,
and moves the Court to schedule a hearing on her Petition for Special Relief, in which she
requested the disbursement of funds from an escrow account, it appearing that the
pleadings in the matter have all been filed and the matter is now ready to be heard by the
Court.
_D.~~ ~~
~. Andes
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
1
II
CERTIFICATE OF SERVICE
I hereby certify that on 9 -:faNV\.arl 2002 I served a copy of the foregoing
document upon counsel for Plaintiff by U.S. Mail, postage prepaid, addressed as follows:
Philip G. Spare, Esquire
P.O. Box 318
Mechanicsburg, PA 17055
Sam el . An e
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
2
.
,-'.
., ,,'"
(') c\ CO)
C r"
u~ "
,,~
rnH":: .;~"
~~~:
(J) dO~'
'-C C~i , -,
~~ ;t:;""
"-.J> C! .~i~"
Z
>: 0
,- '-"J . ,
:'2 ,- 2:!
:::cJ -.! :>-',
--<:
;.~~~~~'I- '"
_~'"'O ",_"",>,,,'
, ""J
LAW OFFICES
SNELBAKER.
BRENNEMAN
6: SPARE
I' \"
. -
'I
ROBERT F. ROTH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
CIVIL ACTION - LAW
CARYN G, ROTH,
: NO. 2000-1380 CIVIL TERM
: IN DIVORCE
Defendant
PLAINTIFF'S ANSWER TO PETITION FOR SPECIAL RELIEF
AND NOW, comes the Plaintiff, by his attorneys, Snelbaker, Brenneman & Spare, P. C.
and responds to Defendant's Petition For Special Relief and the Rule dated November 26, 2001
as follows:
1. Admitted.
2. Admitted. By way of further response, it is averred that the Divorce Master has
scheduled a settlement conference in this case for January 2, 2002 and a hearing (if the case is
not settled at the settlement conference) for February 5, 2002.
3. Admitted in part and denied in part. All the averments contained in Paragraph 3 are
admitted except for the averment that the escrow account is under the control of Plaintiffs
attorney. On the contrary, it is averred that the escrow account is titled in the names of both
attorneys on behalf oftheir respective clients.
4, Admitted. By way offurther response, it is averred that Plaintiff has informed
Defendant, through counsel, that Plaintiffs 40 I (k) was "rolled over" into another tax-deferred
investment vehicle.
5. Admitted in part and denied in part. It is admitted that one of the children residing
with Defendant is the child of her marriage to the Plaintiff. It is denied that Defendant is
T
-
~T' '
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
I' I" "
disabled and unable to hold regular full-time employment. It is further denied that Defendant is
without regular income to meet her financial needs and the financial needs of two children who
reside with her. By way of further answer, it is averred that one of the "children" residing with
her is an adult fully capable of working and caring for himself. That "child" is not the child of
her marriage to the Plaintiff.
6. Admitted. Since the filing of the Petition, Plaintiff has, through counsel, offered to
divide the balance of the escrow account or a portion ofthe balance of the escrow account but
Defendant has refused such offer.
7. Denied. It is denied that Defendant, by liquidating his account with his former
employer's 401(k), has received more than $50,000.00 in marital assets. It is denied that
Defendant is entitled to most, if not all, of the funds remaining in the escrow account. How the
escrow is divided will depend upon the allocation of other assets, It is denied that Defendant will
have to receive at least $50,000.00 from the proceeds of the sale ofthe residence for her to
receive a distribution equal to the funds already taken by Plaintiff. It is denied that Plaintiff has
"taken" any of the funds. On the contrary, the 401(k) was simply "rolled over" into another tax-
deferred investment plan in his name. By way of further answer, it is averred that the Divorce
Master will properly address the issue of equitable distribution.
8. Denied. It is denied that Defendant needs the funds in the escrow account, or at least
$50,000.00 ofthose funds, to meet the financial needs of herself and her children.
WHEREFORE, Plaintiff Robert F. Roth, respectfully requests your Honorable Court to
-2-
"C. \
,
-
LAW OFFIC(::S
SNELBAKER
BRENNEMAN
& SPARe:
l' \_..
deny the relief sought in Defendant's Petition For Special Relief and allow the Divorce Master to
address the issue of equitable distribution between the parties.
SNELBAKER, BRENNEMAN & SPARE, P. c.
BY:~~
Philip H. Spare, Esquire
44 W. Main Street
Mechanicsburg, PA 17055
(717) 697-8528
Attorneys for Plaintiff Robert F. Roth
Date: December 20, 2001
-3-
I
--
-..~ ,-'--
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
,,- :'- ", ~-.--" . ," -
""'f~' I, ___'__'
~.. ".
VERIFICATION
I verify that the statements made in the foregoing Answer to Petition For Special Relief
are true and correct. I understand that false statements herein are made subject to the penalties of
18 Pa.C.S. Section 4909 relating to unsworn falsification to authorities.
~bu.{; ~. lD- tt---
Robert F. Roth
Date: P~O~J
,
.. ,
.
LAW OFFICES
SNELBAKER,
BRENNEMAN
8: SPARE
'. .....
.' \"".
CERTIFICATE OF SERVICE
I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, caused a
true and correct copy of the foregoing Answer to Petition For Special Relief to be served upon
the person and in the manner indicated below:
FIRST CLASS MAIL. POSTAGE PREPAID, ADDRESSED AS FOLLOWS:
Samuel 1. Andes, Esquire
525 N, 12th Street
P. O. Box 168
Lemoyne, P A 17043
Date: pfv~ I
Ph'~~
I Ip . pare, EsqUire
SNELBAKER, BRENNEMAN & SPARE, P. C.
44 W. Main Street
P. 0, Box 318
Mechanicsburg, P A 17055
(717) 697-8528
Attorneys for Plaintiff Robert F. Roth
1:.-
"'-,;-,-_." ::,.:_:
. .,
~"e~
"." ,.'
...~
.. 4' I
....,'
.,'
"'~;-"""i~~"""1..-~~"~JliI,IilJ!lJIII!II
(")
'~i
ruffi.
..,I'I'lJ:;l'.,:
. )2:."",. '.'
tRc::
....;< ::?:. '
,r::;p
"~"
<;$i;8
'.::~:,
!lIIMk
'C.:J,
;'l''')
("7')
K>
"0
,Ci
r'
',.,.'
'"
=~
-:i'
r-("i~:2
~:-; ;"ll
::jC.:J
::~O
,....-.rl
~;5 f~
iSrn
?E
-<
N
,..
:::>
......
-
.m,lg
',\?':,.,.-r
SNELBAKER, BRENNEMAN S SPARE
A PROFESSIONAL CORPORAT10N
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
P. 0. BOX 318
FACSIMILE (717) 697-7681
RICHARD C. SNELBAKER
KEITH O. BRENNEMAN
PHILIP H. SPARE
7L7-S97-8528
March 7, 2002
E, Robert Elicker, II, Esquire
Cumberland County Divorce Master
9 North Hanover Street
Carlisle, P A 17013
Re: Roth vs. Roth
No: 2000-1380
Dear Mr. Elicker:
,"~, ,,;...<:1.';: \._ "'::',"~!~':-"'" -~":'~.~':;.' ".'''' :-, ~L~~ ,~,- _ ",: '", .: "'-".1':'-;' .".;..;i~ _1. ::'~---:"\:-i~;' ~::-",' ,. - ,': ;,'
'.C ;:.."}; ~~B~!t~Uee.,rnr,:g~od1i!jthla!1-e1l?-Pts;\P setJ-kthiSicase.nearl)'tw,0YWrs agob~ tumed
agamst rny,c,tlflJ/t 'py:oppq~l~g~9.()llUSfd": 1 r:efer, to the, copy, of lett\mattachoo~to 'Defendant s post-
hearing Brief Please consider this letter a formal request to have my letter of April 21, 2000
strickenfrom the re9(jrd. in, this case. . J f AttorneyAndes had intended to;irttrodllce my letter as
evidence in this case, he knows very wellthat it should have. been addressed at the Master's
Hearing and notthrough(:lttachment to his Brief. My letter of April 21, 2000 was clearly marked
"PRIVILEGED AND CONFIDENTIAL, FOR SETTLEMENT PURPOSES ONLY". Allowing
such an inadmissible letter into.eyidence at this time is absolutely improper.' Courts have
recognized for years that settlement discussions are not admissible as evidence, and that concept
is widely recognized asbeing appropriate to encourage the parties to attempt to settle cases. It is
obvious that the Roth case was not able to be settled by the parties because of the numerous
outstartdingissues.' It is absillutely Wrong tor opposing counsel to attempt to interject a portion
of the settlement negotiations whIch were ultimately unsuccessful. , As you will recall, numerous
issues arose between the parties after my letter of April 21, 2000 such as Mr. Roth's early
retirement, a dispute as to the date of final separation and.a myriad of other issues.
I arll disappomted that experienced opposing counsel v..-ould attempt to gain the upper
hand in this case by violating two very basic concepts in the law. First, evidence is not
introduced after the record is closed and second, settlement discussions are not admissible.
, .':,
. " ,"
. -, .
. ]nimm\nary.l am requesting;hat the letter attached to Defendant's Briefand any
n;;terenc~~?,.s#ttjemeptllegotiations!contained in the Briefbc stricken from the record. The .'
settlement discussions between the parties should remain privileged and confidential and should
-, I' ',,"..' -".""~ - "~"., .'~ ,-" "
~ - - - ",-" , j "- .~, -
. .,' "-."~,,,, , --' -,'
- ,.~ , .
SNELBAKER, BRENNEMAN 8 SPARE
E. Robert Elicker, II, Esquire
Cumberland County Divorce Master
March 7, 2002
Page Two
not be considered as you decide this case. I will appreciate a letter from you confirming that the
letter will be stricken and that you will not consider the settlement negotiations in your decision.
Very truly yours,
~~
Philip H. Spare
PHS:jjc
cc: Robert F. Roth
Samuel 1. Andes, Esquire
i
\
,
"--"j'-- ,.',
,. ,~- .
. , ~^- "-> '''~~'."''
"- ,
-.-, ,~ ,
....
.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Traci do Colyer
Office Manager/Reporter
West Shore
697-0371 Ex!. 6535
March 11, 2002
Philip H. Spare, Esqurte
SNELBAKER, BRENNEMAN & SPARE
P.O. Box 318
44 West Main Street
Mechanicsburg, PA 17055
RE: Robert F. Roth vs. Caryn G. Roth
No. 00 - 1380 Civil
In Divorce
Dear Mr. Spare:
I am writing in response to your letter of March 7,2002. I
retumed to the office on March 11, 2002, and have not had an
opportunity to review the briefs and attachments. Consequently, the
letter from you to Mr. Andes dated April 21, 2002, I have not read and I
will not read.
As far as the letter being part of the record, it is attached to Mr.
Andes' brief but it is not part of any of the trial proceedings which would
automatically make it a part of the trial record.
I hope this response to your correspondence satisfactorily answers
your concems regarding the possibility that I may have been influenced
I....
'-';-"'.:.'l':"
"",,"~-',"'-"""',- -, . '''', " ._,-,,,,
",,--~---- - -
.-, ~- ',., ~ - ~"
...
'i,,=
Mr. Spare, Esquire
by the correspondence attached.
cc: Samuel L. Andes, Esquire
f-' "_"._ ",d"_'_: , - ,'[- <",j,
,
2
11 March 2002
Very truly yours,
E. Robert Elicker, II
Divorce Master
"
SNELBAKER, BRENNEMAN S SPARE
A PROFESSIONAL CORPORATION
ATIORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICHARD C. SNELBAKER
KEITH O. BR~NNEMAl'J
PHILIP H. SpARE
717-697-8528
P. O. BOX 318
FACSIMILE (717) 697-7681
March 25, 2002
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, PA 17013
Re: Roth vs. Roth
No: 2000-1380 Civil Term
Dear Mr. Elicker:
This is in response to Attorney Andes' letter to you dated March 20, 2002. It is our
position that the record was closed following the hearing on Tuesday, February 5, 2002. Your
letter of February 6, 2002 indicates that the record was closed. Further, Defendant's Pre-Trial
Statement provides in pertinent part: "Defendant is not aware of any marital debts that have not
previously been paid by the parties."
My client does not agree that the document attached to Attorney Andes' March 20,2002
letter should be admitted into the record. We also oppose opening the record to admit the
purported doclUllent
Please let me know whether you intend to reopen the record in this case. In that event, it
will be necessary to reopen discovery efforts to obtain background information on the alleged
debt.
Very truly yours,
W~
Philip H. Spare
PHS:jjc
cc: Robert F. Roth
Samuel 1. Andes, Esquire
i
,.' '-I~'-''''''-' --","':",.,... --. .-.<
,---
.. '.,-
.
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240-6535
E. Robert Elicker, II
Divorce Master
Tracl do Colyer
otfice Manager/Reporter
West Shore
697-0371 Ex!. 6535
March 26, 2002
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
RE: Roth vs. Roth
No. 00 - 1380 Civil
Dear Mr. Andes:
Mrs. Roth had plenty of time to find this exhibit before the hearing.
The record is closed. A report will be filed within a week.
Very truly yours,
E. Robert Elicker, II
Divorce Master
cc: Philip H. Spare, Esquire
I:;"
',""
-::',"-;'1,. :~ -" ,-,~-""\",
,~r ,C'"'-;:= :";:-..~': -~" _ -'^,',,""17.,_~t{~" _,,"''' ,..,.. _ --
',"""
,_ __'7 ':--__
, . . '~.-'-
~
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 761-5361
20 March 2002
FAX
(717) 761-1435
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, Pa 17013
RE: Roth vs. Roth
No. 2000-1380 Civil Term
Dear Mr. Elicker:
At the conclusion of the last hearing in the above matter, one open
issue in the evidence was the balance owed, at the time the parties
separated, on the MasterCard account that my client had paid since that
time. My client has b'een able to locate a statement for the account for
December of 2000, which is close to the date we contend the parties finally
separated. This statement shows the balance owed on the account at the
time was $5,374.92.
I have sent a copy of this letter and the enclosed letter to Philip Spare,
Esquire, with a request that he agree that this document may be admitted
into the record by stipulation. Hopefully he will agree to do that and we
need not bother with any more formal testimony on this point.
Sincerely,
S~des
amh / Enclosure
cc: Philip H. Spare, Esquire
Caryn G. Roth
t, "~
,'I ""-,"-'~' _t-".. .. ".~, ~--_.,- , -
- ~,
"-,;).-.,.
, p-.
-
-B> ~ ~bQ~~ P' :i:~~ t~:?:;i ~~Z ":l:j~"'d'"O' :>- p
-", ~ '
() 8-. 'S. ~ o g," 1i ~:~ .' ~ n
u~ (} U ~ t:=e.~'i " . 'i' . ~e:fle. . . , n
~ g ~ ~~. ff~~~ . '" n ra (II g g
\ :l 2 0"''''-'1 'e.~ ~ , a=a.
'" p.. 00:1 e. ~ ~ - (II & a '" "
~ ... ~8"~ 03~ (") o'JI> b::I ~ -g
\:) eo-f:. <:I.nto:::;= .~ QEi ~.~ ~
>~r~lt ~ ~ ~= .... . :>-~ p OS-
0 Q.. l:Z ,... R S' ~ ~ R ~~fs: . a '!l .. 6
3 ~ a i" t;1g ..n ~
() " i:: .... () (j Ii '" a'r\I 6
y 6 ~ ~ . ~" ~t:(il ~~ .
"" ,.., a . (j:T~ t;1 .
c ~ 5' 0 " s. ~ Ii ..
. ..
\) 0 '" . :>-
:S- o " ~ ~
S> F~ " 5
cs- .. .1 ~
...:> ('\) 0
.
~ c::-OQ ~ 0 ~ .
~, ~'" 9 ?1' . ~
r= r) g.P'S. 0- .. 0
r p r\" :::> := l:I:Ig, 5" ~
s: 15 ~ 0 1: a
. ? (' ::s ~ .?-~= .. t;1
" ~o~ . .
r~ if n
" 1- t;;s ?1' .
~ )6. a
('> I:l ,," ~ '"
y lil ~ q
I> ~ .. .. .. .. ..
~ /" ..., ... ~ .'" ...'"
p '(t S b_Q-, .~ ~ .. ~...
:5 0...,..., ..., ;i! .0:.._0\00
~ ?b:-n-~ 0 O\"..t:>.l..n.
T .J 000 o ~ ~ob:....t
oo~ 00"" CNl..n.OA.
~~ ." ..., ~ ~ ;F ~ fi
6'
~ ~
:1:0 ~1t;1 ~ 'T d
~ n m '" ...
. B~ ~ :z . ~
(') " ~ :z
fJl ", 0 51 'i' c::
". 0 <:
. ill (') ~ is:
~ ...,
~ ... ~
m "- ."
'-< ~ ii' ~
() ...,
..., ;;i ~ <!
[;j "- /!5'
~ l'j 6; :>-
:z
>-l ~
- ~ m
:z 3' :>-
en ()
c:: () g
'" l'j ()
~ ~ or 0
0 c::
'i' t;1 ~
~
!:: tr ." "~
:. ~
0 ~
M~ ~!il
ct.> '" " :z
O~ >, ~ ~
~ G?
~ c5
'i'
~B ~ c::
~
, i -
Q;::? ~ ~
IF'il! ~ " ~ 0
0" .
,
~
~
" 3
~ .
- ,
~~ ~
i:>o:e
1i!ijl ~ 0
t ~
... i'
...,
i} 0
~i :z
of 0
M <:
... ~ ~: .. ~
M~ ~ .~
c;.... .. ~
O~ " :i: 0 ...,
5; '" ~ 0
~ 0
'i' 0
"~,-
,~
..... -~~-,,-
...
.
ROBERTF.ROTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
CIVIL ACTION - LAW
vs.
NO. 00 - 1380
CIVIL
19
CARYN G. ROTH
IN DIVORCE
Defendant
STATUS SHEET
: 00 t\,,(}t ,
-
3.('2.7('260'--
r '" ,e - ~1,-_
- l" ,~, 0
ROBERT F. ROTH,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
TO: Philip H. Spare
Attorney for Plaintiff
Samuel L. Andes Attorney for Defendant
DATE: Monday, August 6, 2001
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
OR IF DISCOVERY IS NOT COMPLETE:
(a) Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery motions.
Ii
-~I- '
.
.
.
(b) Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
COUNSEL FOR PLAINTIFF
COUNSEL FOR DEFENDANT
DATE
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
--. --I -~ r ,~ "-'= ,.,>
,..
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 168
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(717) 761-5361
28 February 2002
FAX
(717) 761-1435
E. Robert Elicker, II, Esquire
Cumberland County Divorce Master
9 North Hanover Street
Carlisle, PA 17013
RE: Roth vs. Roth
Dear Mr. Elicker:
Enclosed is the brief I submit on behalf of Caryn Roth. Please contact me if
you have any questions. Thank you for your attention to this matter.
Sincerely,
5~L~'
Samuel L. Andes
Ie
Enclosure
cc: Philip H. Spare, Esquire
'ill
11'"
'""",=.. ";.-
f""
tAW OFFICES
$NElBAKER.
E3RENNEMAN
& SPARE
'-, " ~ ~
ROBERT F, ROTH,
'1ltf/~~V
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
vs.
: No: 2000-1380 Civil Term
CARYN G. ROTH,
IN DIVORCE
Defendant
PLAINTIFF'S POST-HEARING BRIEF
To: E. Robert Elicker, II, Divorce Master
AND NOW, comes the Plaintiff, Robert F. Roth, by his attorneys, Snelbaker, Brenneman
& Spare, P.C., and submits the within Brief pursuant to the direction of the Divorce Master at the
hearing held February 5, 2002.
I. INTRODUCTION - BACKGROUND
The parties were married on February 25, ] 989. Their daughter, Jamie Roth, was born on
September 13, ]989. Husband is 56 years of age with a date of birth of April 17, ]945. Wife is
49 years of age with a date of birth of March 30, ]952. At issue in this case is the parties' date of
separation, the consequences of that date of separation upon the identity and value of marital
assets, and the equitable distribution of marital property. In addition, Wife has requested
alimony.
As the Divorce Master correctly observed at the February 5, 2002 hearing, the date of
separation was not an issue prior to the hearing date. The Pre-Hearing Conference Memorandum
dated Tuesday, November 20,200] correctly indicates that the parties were separated in May of
]999.
It is suggested that the date of separation has now become an issue because of Wife's
attempts to increase the marital portion of Husband's retirement payments which are in pay
I~I,-
-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
status. However, Wife appears to want to use the May 1999 date of separation for all purposes
other than the division of Husband's retirement pay.
It is suggested that once the Divorce Master makes a ruling on the date of final
separation, the same date must be used consistently to address all the economic issues between
the parties. For example, if February 2001 is the date of final separation, then all of the
economic activity between the parties prior to that date would be considered marital and would
not be the subject of the equitable distribution order. Such a disposition would render moot
Wife's claims for a portion of the electric bill, a purported $4,000 payment to Husband in
December 2000, a prior distribution of $5,000 to each party for liquidation of the Vanguard
Ginny Mae Fund and Husband's liquidation of the Vanguard IRA with a value of$ll,690,82.
Wife appears to be suggesting that she should receive a portion of the marital estate
determined upon a date of final separation prior to February 2001 and be entitled to a higher
percentage of Husband's retirement pay based upon a February 2001 date of final separation.
Wife's argument is internally inconsistent and is an obvious attempt to "have her cake and eat it
too." The Divorce Master should not allow such a result as it would be totally inequitable.
II. ISSUES PRESENTED
A.
WHAT IS THE PARTIES' DATE OF FINAL SEPARATION?
B.
WHAT IS THE IDENTITY AND VALUE OF MARITAL ASSETS
AVAILABLE FOR DISTRIBUTION GIVEN THE PARTIES' DATE OF
FINAL SEPARATION AND HOW SHOULD THE MARITAL
PROPERTY BE DISTRIBUTED IN THIS CASE?
-2-
-
LAW OFFICES
SN~LBAKER.
BRbNNEMAN
& SPARE
-,",
III. ARGUMENT
A. THE DATE OF FINAL SEP ARA TION SHOULD BE MAY 1999 FOR
ALL PURPOSES.
At the beginning of the February 5, 2002 Divorce Master's Hearing, testimony was
received from both parties on the issue of date of final separation.
The law on determining date of final separation involves the weighing of several factors.
The Pennsylvania Superior Court has analyzed the law on this issue as follows:
The Divorce Code defines "separate and apart" as follows: "Complete
cessation of any and all cohabitation, whether living in the same residence or
not." 23 Pa. C.S. S 3103. In Thomas v. Thomas, 335 Pa. Super. 41, 483 A.2d 945
(1984), this court held that "cohabitation" means "the mutual assumption of those
rights and duties attendant to the relationship of a husband and wife." Id. at 47,
483 A.2d at 984. "Thus, the gravamen of the phrase "separate and apart" becomes
the existence of separate lives not separate roofs (citations omitted). This position
follows the trend of Pennsylvania case law in which a common residence is not a
bar to showing that the parties live separate and apart ..." Flvnn v. Flvnn, 341 Pa.
super 76,81,491 A.2d 156, 159 (1985). Compare Mackev v, Mackev, 376 Pa.
Super. 146, 545 A.2d 362 (1988) (where parties had private living quarters, no
public social life together, and had ceased sexual relations, the parties lived
"separate and apart" despite the fact that they resided in the same house) with
Britton v. Britton, 400 Pa. Super. 43, 582 A.2d 1335 (1990) (where parties jointly
purchased a townhouse, shared a joint checking account, had a social life as
husband and wife, shared the same bedroom and resumed sexual relations, the
court found the parties were not living "separate and apart,")
Here, the trial court determined the date of separation was April of 1989
based upon the finding that the parties had engaged in activities that they had
engaged in during the marriage up until that time. The parties continued investing
in real estate. Although the property purchased in November or December of
1988 was titled solely in Wife's name, Husband participated not only in the
selection and negotiation of the property, but also undertook renovation and
improvement of the property. Additionally, Wife purchased a U.S. Savings Bond
in February of 1989 and listed Husband as beneficiary. Further, as late as March
of 1989, Wife continued using the joint checking account. Based upon these
-3-
r
-
LAW OFFICES
SNEI-BAKER.
BRENNEMAN
& SPARE
incidents, the court determined that in April of 1989, when Wife handed Husband
"papers" for a separation, the parties became separated. The record supports this
finding and, therefore, we find no abuse of discretion. Mackev, supra.
The testimony received by the Divorce Master on February 5, 2002 revealed some factors
in favor of Husband's position and some factors in favor of Wife's position. It is suggested that
those factors favoring Husband's position should outweigh the contrary facts provided by Wife.
For example, it was undisputed that there were no sexual relations between the parties after May
1999. Additionally, it would be inconsistent with resuming cohabitation or a reconciliation to
have Husband continue to pay both child and spousal support throughout the Fall of 2000.
Husband's uncontradicted testimony indicated that he invited Jamie and Caryn into his apartment
because of Wife's pleas for help in removing herself from a relationship with another man in
Perry County.
Admittedly, there are some facts of record that would suggest that the parties did resume
cohabitation during the fall of2000 and into the first month of2001. Wife's testimony indicated
that the parties went on a vacation together to the Bahamas, that the parties lived under the same
roof at Husband's apartment for approximately one month before moving to the rental house
located at 2015 Harvard Avenue in Camp Hill.
There was conflicting testimony which will need to be resolved on a credibility basis by
the Divorce Master. These factors included whether the parties ate meals together on a regular
basis and whether laundry duties were shared between the parties. It is suggested that once all of
the factors are considered, the Divorce Master should resolve the issue by finding that the
temporary situation of the parties living under the same roof during the Fall of 2000 and into
-4-
I.
'1
I'
I
early 2001 was merely for convenience sake and to help their daughter, rather than a resumption
of the marital relationship. The parties' date of final separation should be May 1999.
B, IDENTITY AND VALUE OF MARITAL ASSETS GIVEN THE
PARTIES' DATE OF FINAL SEPARATION AND DISTRIBUTION OF
THOSE ASSETS.
1. FEBRUARY 2001 DATE OF FINAL SEPARATION.
In the event the Divorce Master finds in favor of Wife's position regarding date of
separation, the following assets would be available for distribution by the Divorce Master at this
time:
1. $70,633 in an Orrstown Bank Escrow Account (balance as of January 15,
2002;
2. Husband's Salomon Smith Barney IRA with the balance of $44,283.14 as
of December 2001;
3. 1998 Jeep Grand Cherokee with a market value of $14,600;
4. Husband's retirement from United Water Company in pay status paying
him $1,507 per month in regular retirement for life and a social security
supplement in the amount of $1 ,044 per month which will be paid to him
through the end of April 2007 (the date of his 62nd birthday).
The total amount of assets available for distribution currently is as follows: Orrstown
Bank Escrow Account - $70,633 plus $132 (remaining in Snelbaker, Brelmeman & Spare Trust
Account) for a total of$70,765; Salomon Smith Barney IRA of $44,283. 14 and 1998 Jeep Grand
Cherokee with a value of$14,600 for a total of$129,648.14. It is suggested that these assets be
distributed on a basis of fifty-five percent (55%) to Wife and forty-five percent (45%) to
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Husband. Because it is undisputed that Wife has had use of the 1998 Jeep Grand Cherokee and
-5-
--
would like to retain that asset, these remaining assets should be divided as follows:
1. Wife should receive $35,765 of the $70,765 in the Orrstown Bank Escrow
Account. Husband should receive $35,000 of the Orrstown Bank Escrow
Account.
2. Wife should receive a roll-over of $20,941.48 from the Salomon Smith
Barney IRA, leaving a balance of $23,341.66 for Husband.
3. Wife will receive $14,600 in value from the in-kind distribution of the
1998 Jeep Grand Cherokee. Husband will receive none of this asset.
The distribution explained above results in Wife receiving a total distribution of
$71,306.48 or 55 % of the $129,648.14 worth of assets to be divided. Husband would receive
$58,341.66 of the $129,648.14 or 45 % ofthose assets, Using this scenario, both parties would
receive some cash and both would have some tax sheltered retirement savings in the form of the
IRA,
It is Husband's position that the $25,000 distributed to each party in March 2001 from the
proceeds of the marital home was equitably distributed previously and should not be recalculated
now for equitable distribution purposes.
EARLY RETIREMENT
Plaintiff recognizes the current state of the law in Peunsylvania on the issue of whether
an increase in retirement benefits based upon years of service arising post-separation is
controlled by the case of Mever v. Mever, 561 Pa. 225, 749 A.2d 917 (2000). The Court
announced that where the increase in benefits is based upon years of service and is not produced
by the efforts or contributions of the participant spouse, such increased benefits constitute an
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
exception to the general rule that increases in benefits occurring after separation are non-marital.
-6-
i' ~oc
" -' -,-
,",^
..
,~
The increased benefits are included in the marital estate to the extent of their coverture fraction.
However, the result in the Mever case is not necessarily dispositive of the case at bar. It
is a matter of record in this case that the great majority of the increased benefits due to Mr. Roth
($1,044 per month) from his employer are intended to be a "Social Securitv Supplement."
Without question, social security benefits are non-marital property, Powell v. Powell, 395 Pa.
Super. 345, 577 A.2d 576 (1990); Cohenour v Cohenour, 696 A.2d 201 (Pa. Super 1997).
Because social security benefits are not subject to equitable distribution, it is fair and logical that
a benefit known as a Social Security Supplement must also be non-marital. Thus, $1,044 per
month of Husband's United Water Retirement pay is properly excluded from the marital estate.
The remaining asset to be distributed between the parties under the scenario described
above is Husband's retirement in pay status from United Water Company. It is undisputed that
Husband began working for United Water Company many years prior to the marriage in
February 1975. Husband was employed by United Water Company through December 31, 2000.
Thus, Husband was employed by United Water Company for a total of311 months. If the
Divorce Master agrees with Wife's position that the parties did not separate until February 2001,
then Husband was employed by United Water Company for 144 months during the marriage.
(2/25/89 date of marriage through 12/31/00 date of retirement) The marital portion of the
retirement benefit would then have a coverture fraction of 144 divided by 11 months or 46.3%.
If the date of separation is determined to be February 200 I, then Wife ShOllld receive
55% ofthe marital portion ofthe retirement benefit or a total of$383.75 gross per month. Under
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
this scenario, Husband would receive forty-five percent (45%) of the marital portion or $313.98
-7-
!- .'7 lI!
,-
gross per month. Husband would continue to be entitled to all of the non-marital portion of his
retirement from United Water Company.
2, MAY 1999 DATE OF FINAL SEPARATION.
In the event the Divorce Master finds in favor of Husband's position regarding date of
separation, the following assets and events would be taken into account now for distribution
purposes:
1. $70,633 in an Orrstown Bank Escrow Account (balance as of January 15,
2002; plus $132 from Snelbaker, Brenneman & Spare Trust Account for a
total of $70,765).
2. Husband's Salomon Smith Barney IRA with the balance of$44,283.14 as
of December 200 I;
3. 1998 Jeep Grand Cherokee with a market value of$14,600;
4. Husband's retirement from United Water Company in pay status paying
him $1,507 per month in regular retirement for life and a social security
supplement in the amount of$I,044 per month which will be paid to him
through the end of April 2007 (the date of his 620d birthday).
5. Vanguard IRA in Husband's name liquidated by husband in 2000 or 2001
in the amount of$II,690.82.
6. $5,000 distributed to each party on August 7, 2000 as a result of "cashing
in" the Vanguard Ginny Mae Fund. Approximately $7,000 was used to
prepare the marital home for sale by agreement of the parties.
7. $2,224 was paid to Domestic Relations Office at the time ofthe sale of the
marital home for the arrears owed to the spousal and child support order.
8. Husband owes Wife $264.54 as his share of an electric bill that she
previously paid,
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
The total amount of assets available for distribution under the scenario described above is
-8-
$141,338.96 (This total does not reflect numbers 7 and 8 above). Wife should receive credit for
the $2,224 which was paid to DRO at the time of the sale of the marital home so she is not
penalized by paying child support to herself. Additionally, a credit should be given to Wife in the
amount of $264.54 as a result of an amount that Husband owes to Wife for his share of an
electric bill paid by Wife. It is suggested that these assets be distributed on the basis of fifty-five
percent (55%) to Wife and forty-five percent (45%) to Husband. Because it is undisputed that
Wife has had use of the 1998 Jeep Grand Cherokee and would like to retain that asset, these
remaining assets should be divided as follows:
1. Wife should receive $35,765 ofthe $70,765 in the Orrstown Bank Escrow
Account. Husband should receive $35,000 of the Orrstown Bank Escrow
Account.
2. Wife should receive a roll-over of$27,371.43 from the Salomon Smith
Barney IRA, leaving a balance of$16,911.71 for Husband,
3. Wife will receive $14,600 in value from the in-kind distribution of the
1998 Jeep Grand Cherokee. Husband will receive none of this asset.
4. Husband has already received the $11,690.82 from liquidating the
Vanguard IRA.
5. Each party has already received $5,000 in August 2000 from the
liquidation ofthe Vanguard Ginny Mae Fund. Husband's position is that
the $10,000 total distribution was previously equitably divided by the
parties and should not be recalculated now for equitable distribution
purposes.
The distribution explained above results in Wife receiving a total distribution of
$77,763.43 or 55% of the $141,338.96 assets available to be divided. Husband would receive
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
$63,602.53 or 45% of the $141,338.96 in assets.
-9-
I'~,.,
.. "'--"
" '
'."
~ "'," -'",
,
It is Husband's position that the $25,000 distributed to each party in March 2001 from the
proceeds of the marital home was equitably distributed previously and should not be recalculated
now for equitable distribution purposes.
Another component under this scenario would be to order Husband to pay Wife $264.54
for his share of an electric bill and 50% of the $2,224 ($1,212) in support paid at the closing on
the marital home. Alternatively, one-half of these amounts ($264.54 and $1,212 = $1,476.54 -i- 2
= $738.27) could be added to Wife's cash total and subtracted from Husband's cash total. The
net amount of cash from the Orrstown account would then be $36,503.27 for Wife and
$34,261.73 for Husband.
Given a May 1999 date of final separation, the coveture fraction representing the marital
portion of the retirement would be 123 months (February 25, 1989 to May 1999) divided by 311
months (February 1975 start date to December 31, 2000 retirement) or 39.5%. Wife should then
receive 55% of the marital portion of the $1,507 retirement benefit or a total of$328.22 ($1,507
monthly retirement times 39.5% marital component times 55% Wife's share).
The "Early Retirement" discussion hereinabove (pp. 6-7) is equally applicable whether
he date of final separation is determined to be May 1999 or February 200 I.
The testimony of Wife regarding her alleged $4,000 payment to Husband in December
001 should be disregarded as Wife failed to explain the circumstances surrounding the
urported payment.
EQUITABLE DISTRIBUTION FACTORS
LAW OFFICES
SNEL8AKER,
BRENNEMAN
& SPARE
The equitable distribution scenario of 55% to Wife and 45% to Husband is appropriate
-10-
,
- "c---
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
-""'"
^ ~
when the factors enunciated in 23 P.S. S 3502 are applied to the facts of this case. The length of
the marriage is relatively short, only eleven to thirteen years, depending on the date of final
separation. Although both parties have been married previously, this factor is not particularly
relevant in this case. Husband is 56 years of age, retired and attempting to work up to his
capacity of part-time employment. As an older worker past his prime earning years, he does not
have great prospects of employability or enhanced sources of income. The parties both have a
history of being treated for depression and anxiety, which does not improve the earning capacity
of either party. Wife enjoys a separate estate that was initially in the $50,000 range and is
currently composed of some $18,000 according to her testimony. This asset is from her
deceased maternal grandfather's estate. Husband has no such assets.
There was no evidence introduced regarding the contribution of one party to the
education, training or increased earning capacity of the other party. Neither party has a decided
advantage over the other as to the opportunity for future acquisition of capital assets and income.
Husband has a greater share of his retirement income, while Wife is younger and has a greater
opportunity for future income. The only reason she testified to for not working was that she quit
several jobs to take of her children. Now that her son is an adult and parties' only daughter,
Jamie, is twelve years old, Wife can and should concentrate her efforts on her career.
Depression is a treatable condition that many people deal with in the workplace. There was no
medical testimony suggesting Wife's lack of ability to work or lack of an earning capacity.
Husband contributed primarily to the acquisition of marital property through his steady
and continued employment. The value of property set apart for each party is to be determined by
-11-
-
I
!
i
i
\
I
,
,
I
I
I
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
the Divorce Master. The tax ramifications of the distribution of marital property should be
considered. The main asset this factor relates to is the Salomon smith Bamey IRA account.
Although the IRA enjoys the benefits of tax deferred income accrual, it is not a cash equivalent
and should not be treated as such. Both parties could benefit from having a portion of the IRA
funds "tucked away" for several years before those funds could be withdrawn without penalty. It
would be inequitable for one party to receive an all cash distribution and another party to receive
the marital assets in the form of an IRA. Dividing up the assets so both parties enjoy the
advantages of cash and share the tax deferred "forced savings" of an IRA would be an equitable
solution.
Although Wife is currently serving as custodian for the parties' daughter, J arnie, that is a
minimal factor. Husband pays $592 per month in child support to Wife for Jamie's needs and
thus, this factor should not be controlling. When all of the statutory factors for equitable
distribution are considered, a 55% to Wife and a 45% to Husband distribution would be
reasonable.
REOUEST FOR ALIMONY AND COUNSEL FEES
Wife has requested alimony and counsel fees as part of the economic resolution of this
ivorce action. A review of the facts in this case and the relevant alimony factors indicate that
imony is not appropriate or necessary in this case. First, Husband is achieving his earning
apacity between his retirement income and his attempts at maintaining part-time employment as
water quality manager. He is 56 years of age and has been in the work force for many years.
t age 56, it is unlikely that "new doors" will open regarding significant employment
-12-
LAW OFFICES
SNEI-BAKER.
BRENNEMAN
& .sPARE
1.,.,____"
opportunities,
Wife did not produce any medical or expert testimony regarding her failure to work and
live up to her earning capacity. As a college graduate, she certainly could find some reasonable
employment if she so desired. When asked why she left certain employment over the past
several years, she replied that she left to take care of her children. Her son is an adult now and
can and should be caring for himself. The parties' only child, Jamie, is 12 years of age and does
not require any special care. Wife can and should be encouraged to find employment to achieve
her eaming capacity as a college graduate.
Husband is 56 years of age Wife is 49. Both are in fairly good shape as far as physical
health goes, but each share some mental and emotional problems as the testimony at the hearing
revealed. In this sense, both parties are on equal footing regarding their mental and emotional
health. Many people who struggle with mental and emotional problems are able to overcome
those difficulties and achieve a stabilizing influence in their life through gainful employment.
The parties in this case should each be encouraged to provide for themselves through
employment.
Husband's sources of income include the retirement income from United Water
Company (his "regular" retirement pay and his Social Security Supplement). Additionally,
Husband may have some limited income from his part-time employment with Buchart-Hom
Engineering Finn. Due to the economy slowing, Husband's eamings and time on the job have
been near zero since late 2001. Husband has a retirement benefit of healthcare insurance
coverage from United Water for him and his daughter, Jamie. As an ex-spouse, Wife could
-13-
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
qualify for COBRA healthcare coverage through United Water for a three-year period at a cost
of $328 per month. Wife's other source of income at this time is child support for Jamie paid by
Husband in the amount of$592 per month and spousal support from Husband in the amount of
$558 per month for a total support payment of $1,140 per month. Both the child support and the
spousal support are paid through an Order of the Cumberland County Domestic Relations
Section,
Husband has no expectancies or inheritances. Wife enjoys the results of an inheritance
received from her deceased maternal grandfather. The amount she received was originally
approximately $50,000, She testified that she has approximately $18,000 remaining of this
amount. The fact that Wife has such a "nest egg" is a significant factor to be considered by the
Divorce Master.
The duration of the marriage was a relatively short eleven years if the date of final
separation is May 1999. In the event the date of final separation is determined to be February
2001, then the length of the marriage would be thirteen years, In either event, the marriage is not
for a lifetime and is a factor in Husband's favor when considering whether or not to order the
payment of alimony.
There was no significant testimony at the hearing addressing the contribution by one
party to the education, training or increased earning power of the other party.
Wife is serving as custodian of the parties' minor child. This factor is addressed through
the current child support Order being paid by Husband to Wife.
The parties enjoyed a modest middle-class standard ofliving during the marriage.
-14-
~
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
Because they are not supporting two households rather than one, this standard of living will
necessarily decline,
Both parties are college graduates. Husband a bachelor's degree and a master's degree.
Wife has a bachelor's degree and is capable of finding appropriate employment.
The relative assets and liabilities of the parties are being determined in the equitable
distribution phase of this proceeding. In addition to the assets to be awarded to Wife in the
divorce and the $18,000 remaining from the inheritance she received, Husband has no such
independent assets and will be relying entirely on the assets awarded to him in this divorce
proceeding.
There was no testimony at the hearing regarding the property brought to the marriage by
either party or a contribution of spouse as homemaker.
Both parties' needs are similar in that they both need to maintain a middle-class lifestyle.
There was no testimony at the hearing regarding marital misconduct of either of the
parties during the marriage.
Wife's inheritance, the property she receives from the divorce proceeding and her ability
to seek gainful employment will enable her to provide for her reasonable needs without payment
of alimony, Wife is capable of self-support through appropriate employment with her college
degree and proper attention to her mental and emotional needs.
When all of the factors discussed above are considered in total, Wife's request for
alimony should be denied. Regarding Wife's request for counsel fees, there was no evidence
introduced at the hearing to support such a claim and the request for counsel fees should be
-15-
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
denied and/or waived.
IV. CONCLUSION
For all the reasons set forth herein, the economic aspects of this divorce should be
determined in the manner suggested by Husband.
Respectfully submitted,
SNELBAKER, BRENNEMAN & SPARE, P.C.
BY_~~qUire
Pa. Supreme Ct I.D. # 65200
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff Robert F. Roth
Date: March I, 2002
-16-
',- " --", ~
" ,->
LAW OFFICES
SNEL8AKER.
BRENNEMAN
& SPARE
CERTIFICATE OF SERVICE
I hereby certify that I am this date serving a true and correct copy of the within Plaintiff's
Post-Hearing Brief upon the attorney for Defendant by sending same by first-class mail, postage
paid addressed as follows:
Dated: March I ,2002.
Samuel 1. Andes, Esquire
535 North Twelfth Street
P.O. Box 168
Lemoyne, P A 17043
Attorney for Defendant
SNELBAKER, BRENNEMAN & SPARE, P.C.
BY:~ tfi(jLe
111p . Spare, EsqUIre
44 West Main Street
P.O. Box 318
Mechanicsburg, P A 17055-0318
(717) 697-8528
Attorneys for Plaintiff, Robert F. Roth
SNELBAKER, BRENNEMAN & SPARE
A PROFESSIONAL CORPORATION
ATTORNEYS AT LAW
44 WEST MAIN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICl-lI\RD C. SNELBAKER
KEITH O. BRENNEMAN
PHILIP H. SPARE
717-697-8528
P. O. BOX 318
FACSIMILE (717) 697-7681
March 1, 2002
E. Robert Elicker, II
Office of the Divorce Master
9 North Hanover Street
Carlisle, P A 17013
Re: Roth vs. Roth
No. 2000-1380 Civil Term
Dear Mr. Elicker:
Enclosed please find Plaintiffs Post-Hearing Brief in the above-referenced divorce
action,
Very truly yours,
<::[!fl(lbfigL-
Philip H. Spare
PHS:jjc
Enclosure
cc: Samuel 1. Andes, Esquire (w/enclosure)
Robert F. Roth (w/enclosure)
:~~.
I" . - ~ -,'
~, .,' .~-'," c7"_'1' c',_, .
..,-,.
"
,~~-
...
ROBERT F.. ROTH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO. 00 - 1380 CIVIL
CARYN G. ROTH,
Defendant
IN DIVORCE
(Tuesday, February 5, 2002)
THE MASTER: We took a recess following the testimony on the issue of
the date of separation. The Master has indicated that he would like to have counsel
prepare memorandums in support of their specific positions, so the Master is going to
defer any decision on the finding with respect to the date of separation today. Weare
going to continue, however, with the testimony on the factors relating to equitable
distribution and alimony. Counsel have indicated that they have certain stipulations
which they are going to place on the record which we will do first and then we will hear
the testimony of the parties relating to the factors.
The issues that are going to be presented involve percentage of
distribution among other things and who gets what assets. There is also an issue that the
Master has been advised of regarding how we handle the retirement incentive that Mr.
Roth received from his employer.
In addition to dealing with the date of separation issue and the memos,
counsel will also suggest to the Master how the assets should be distributed and how the
enhanced pension benefits should be treated. Mr. Andes.
MR ANDES: The parties stipulate to the identity and value of the
following marital assets:
I. The parties sold their former marital residence and the proceeds of the sale consist
of the following:
,
a) There is an escrow account being held by counsel for both parties which
had a balance at January 15, 2002, of $70,633.00.
b) The parties previously distributed $25,000.00 to each of them as interim
advance and so they have received an additional $50,000.00 from the sale of the house.
c) At the time of settlement the arrears owed on the spousal and child support
order were paid from the joint funds although that was an obligation of Mr. Roth and thus
the funds remaining from the net proceeds of sale should be increased by $2,224.00.
Thus the total net proceeds of the house are $122,857.00 at this time and those funds are
available for distribution with credit for prior distributions as noted.
2. During we marriage Mr. Roth was employed by United Water Company and
participated in their 401(k) plan. Some time in 2000 or 2001 he withdrew the remaining
funds in that account and transferred them into an individual retirement account in his
name alone with Saloman Smith Barney. That IRA has a balance as of the 31 st of
December 2001 of $44,283.14 which is available for distribution.
3. During the marriage Mr. Roth had an individual retirement account with the
Vanguard Group. He liquidated that some time in 2000 or 200 I. When he liquidated it
he received $11,690.82 which he has retained or spent.
4. At some point in 2000 Mr. Roth borrowed from his 401(k) plan with United
Water Company approximately $12,000.00. From the time he made that loan until he
closed out the 401(k) plan in March 2001, he made principle payments, which reduced
the balance owed on that loan to $8,784.00. He received that money and used it for his
own benefit. The parties agree, therefore, that the balance owed on the loan at the time
the 401(k) was rolled into Mr. Roth's IRA should be added to the present value of his
IRA which would increase that to $53,067.14 which is the value for equitable distribution
of that asset.
5. Mr. Roth retired from the United Water Company and he receives a pension
payment which consist of two parts. The first part is his regular retirement payment of
$1,507.00 per month, which will be paid to him for life. The second part is an early
retirement annuity which is the amount of $1,044.00 per month and which will be paid to
him through the end of April 2007. There is no survivor's annuity or continuing benefit
for Mrs. Roth.
MR. SPARE:
The characterization of the $1,044.00 payment mentioned early is called a social
security supplement payable to age 62. If Mr. Roth had not retired early, his monthly
payment on his life annuity would be $1,244.01 rather than the $1,507.69.
MR. ANDES:
:'.~
r'
,.,~~
i,'_'-
'.";
~ ~~
.
6. Mr. Roth's date ofretirement was December 31, 2000.
7. Husband owes Mrs. Roth $264.54 as his share of an electric bill that she
previously paid.
8. The parties stipulate that for purposes of our equitable distribution of marital
property, the Jeep has a fair market value of $14,600.00.
9. The parties, by agreement, liquidated an investment account and. each of them
received a distribution of $5,000.00 from that fund as an advance on their share, and the
balance, which was approximately $7,000.00, was spent by their mutual agreement to
make improvements to the marital residence to facilitate its sale and the balance left in
that account at this time is $132.00 which is the fund that Mr. Spare is going to transfer
into the real estate escrow account.
THE MASTER: Mr. Spare, do you agree with the stipulations?
MR. SPARE: Yes. I would only identify that fund a little bit more
specifically as the Vanguard Ginnie Mae fund; that's how it was referred to by our
clients.
cc: Philip H. Spare
Attorney for Plaintiff
Samuel L. Andes
Attorney for Defendant
"
-
i~-
"
'I
If
, .
"
'}(kb~
ROBERT F. ROTH,
)
)
}
)
}
)
)
}
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Plaintiff
vs.
CIVIL ACTION - LAW
. CARYN G. ROTH,
NO. 2000-1380 CIVIL TERM
IN DIVORCE
Defendant
DEFENDANT'S BRIEF TO MASTER
This brief is submitted to the Master following testimony at the Master's office in
the above case between Robert F. Roth (hereinafter "Husband") and Caryn G. Roth
(hereinafter "Wife"). The brief is limited to the issues which the Master directed the
parties to address in their brief.
DATE OF SEPARATION
It is not disputed that the parties separated in May of 1999 when Husband moved
from the former marital residence at 502 Pawnee Drive. That, however, was not the final
separation of the parties. In fact, the parties had been separated on several occasions after
1995, usually as a result of protection from abuse orders entered by this Court removing
Husband from the house. However, they reconciled and resumed residing together after
each of those separations. Husband moved out of the residence in May of 1999 and Wife
remained there until it was sold in the spring of 2000. In the summer of that year, when
Wife's living arrangements with another man broke down, Husband invited her to come to
live in his small apartment in Camp Hill with their minor child. Wife moved into that
1
II
, '
apartment in the summer of 2000 and remained there with Husband, until they rented a
house elsewhere in Camp Hill and moved into that residence, with their minor child, in the
fall of 2000. Although there is some dispute about the precise living arrangements, it is
not disputed that both Husband and Wife lived at that house until early February of 2001,
when Husband moved out. The parties have not resided together since that time.
Although there is considerable dispute about exactly what the arrangements were in
the house in Camp Hill, the following facts are not disputed:
1. Both parties lived there with the minor child.
2. The parties shared the expenses of the house with each of them
paying various items and, on some occasions, pooling their funds to pay those
expenses.
3. The parties ate meals together on a regular basis. Wife contended
that she prepared the meals and that they were eaten together several times a
week. Husband denied that but admitted that he prepared meals for the entire
family and they ate those meals together at least once a week.
4. The parties took a vacation together, with their minor child, during
the time they lived together.
The parties both acknowledge that they did not enjoy sexual relations while they resided
together. Other than that and the above items, their testimony did not agree on much.
The law on this subject is well known to the Master and will not be repeated at
length here. The central issue is the extent to which the parties do those things with and
2
II for each other that married couples generally do with and for each other. Such matters
include sharing expenses, sharing the responsibility for household duties, sharing food and
meals, and socializing or vacationing together. Wife submits the evidence is more than
sufficient to establish that the parties cohabited at the house in Camp Hill from the summer
of 2000 through February of 2001. Husband argues that the parties did not intend to
cohabit as man and wife and that he simply permitted Wife to move into his apartment on
a temporary basis to help her out through a difficult time.
Neither party testified as to their intentions at the time they resumed living together
.1 in the summer of 2000. However, their intentions can be determined by an examination of
I
I, their conduct. They lived at Husband's apartment temporarily and then moved to a larger
house which they rented together and occupied together with their child. If Husband's
'I intention was to allow Wife a temporary place to live during her period of difficulty, there
, was no need for him to move in with her once she found a larger and more comfortable
place to live. From his act in moving into that house with her, we must conclude that his
intentions were for the two of them to live together and to share family responsibilities.
They conduct they both manifested while together in the house in Camp Hill clearly proves
their intention to cohabit. This was not the first time that they had attempted a
reconciliation by living together. Their final date of separation was in February of 2001
when Husband moved out of the house they had rented, and occupied, together in Camp
Hill.
3
, .
II METHOD OF VALUING PENSION
During the marriage Husband was employed by the United Water Company. By the
end of 2000, he had accumulated sufficient service that he was eligible to retire. At that
time, in an effort to induce employees to retire, the water company offered an early
retirement incentive program. The company offered to supplement the regular retirement
pay of any employee who retired before the age of 62 with an amount equal to the Social
Security benefits that employee would have received if he had been age 62 at the time of
retirement. In Mr. Roth's case, his regular retirement benefit is $1,507.00 per month and
the incentive supplement is $1,044.00 per month. Husband elected to take advantage of
the early retirement incentive program and retired in January of 2001. Since that date, he
has received a monthly payment of $1,507.00 per month on his regular retirement plan,
which will continue, with cost of living adjustments, until his death, and the Social Security
supplement of $1,044.00 per month which will continue through the end of April, 2007,
by which date he will be 62 years of age and eligible to draw Social Security benefits.
Husband contends that the parties separated in 1999 and that the early retirement
incentive program is not marital property because it did not come into being until after their
final separation. As noted above, Wife claims the parties continued to cohabit until
February of 2001. Accordingly, the early retirement incentive portion of Husband's
pension was offered and earned during the marriage and is, therefore, marital property.
The resolution of this issue, however, need not turn on the date of separation alone.
Our courts have dealt with a similar issue. In Gordon vs. Gordon, 547 Pa. 391, 681 A.2d
4
732 (1996) an evenly divided Supreme Court let stand the ruling of the Superior Court
which concluded that a retirement "bonus" offered to Mr. Gordon after the parties'
separation was not marital property and not subject to equitable distribution. However,
four years later, in Mever vs. Mever, 561 Pa. 225, 749 A.2d 917 (2000), the Court
reviewed an early retirement incentive program very similar to the one involved in this case.
There Mr. Meyer was offered an increase in his retirement benefits if he elected to take an
early retirement. He contended that that increase in his pension, which occurred after the
parties' final separation, was not marital property. In upholding the trial court's inclusion of
the added pension benefit as marital property, the Supreme Court concluded that changes
in a pension that arose after the final separation which were not attributable to the pension
participant's labors or contribution after separation were not regarded as post-separation
assets but rather as adjustments to the plan and, as such, should be available to both
parties as marital property.
The same reasoning applies here. Husband was offered the early retirement
incentive only because he had otherwise fulfilled the eligibility requirements of the plan.
That is, he was offered the Social Security supplement as an incentive because he was
otherwise eligible to retire because of the years of service he had with the water company.
Those years were served while he was married to Wife and, therefore, this adjustment to
his pension benefit is a result of the efforts that occurred during the marriage and, as such,
is marital property.
5
Thus the date of separation is far less critical than either party contends. Whether
the parties separated in 1999 or 2001, Husband's early retirement incentive is marital
property .
CALCULATION OF MARITAL PORTION OF HUSBAND'S PENSION
Husband testified that he worked for United Water Company from February of 1975
through December of 2000, which is a total of 24 years and 10 months, or 298 months.
The parties were married on 26 February 1989 and separated at the end of January,
2001 , or a total of 11 years and 11 months, or 143 months. Thus, 47.9 percent (143
months/298 months) of Husband's pension was earned during the time the parties were
together.
Applying this percentage to his monthly benefits, we calculate that the marital
portion of Husband's retirement benefits as follows:
Regular pension of $1,507 .OO/month x 47.9% =
Early retirement incentive of $1,044.00/month x 47.9% =
$722.00
$500.00
Total Marital Portion of Retirement Benefits
$1,222.00
ASSETS SUBJECT TO EQUITABLE DISTRIBUTION
With the exception of Husband's pension, which is addressed above, the parties
stipulated to the identity and valuation of the marital assets. Those assets consist of the
following:
6
n
. .
I
1. Net proceeds from the sale of the residence
$122,857.00
2. Husband's Solomon Smith Barney IRA
$53,067.00
(This consists of the funds rolled out of his 401 (k) plan with United
Water Company including the unpaid balance of the loan he had taken from
the plan prior to his retirement).
3. Husband's IRA with Vanguard Group
$11,691.00
(Husband liquidated this account and retained or spent the proceeds).
4. 1996 Jeep Grand Cherokee
$14,600.00
5. Cash previously distributed to the parties from a mutual fund
$10.000.00
Total of All Assets Except Water Company
Retirement Benefits
$212,215.00
We must note that the proceeds from the sale of the house will include $2,224.00 which
Husband owes back to that fund because of the monies taken at the time of the sale to
pay the arrearage he owed on his child and spousal support order. In addition, $50,000.00
of the escrowed funds from the proceeds of the house and the $10,000.00 received by the
parties from the mutual fund was previously distributed.
7
PROPOSED DISTRIBUTION
Wife proposes that she receive 60 percent of the marital estate, for the following
reasons:
1. Wife is unemployed and has been unemployed throughout the
marriage, because of severe depression and anxiety. The only times she has
worked since the birth of the parties' 1 3 year old daughter were brief stints at
part-time, menial work. The last such effort, in the fall of 2001, lasted less
than a week and Wife was terminated because she could not do the work. On
the other hand, Husband worked throughout the marriage at a responsible,
supervisory, position from which he earned annual income of approximately
$50,000.00. Moreover, since his retirement, he has been able to work on a
part-time basis for a local engineering firm by which he is paid $30.00 per
hour. Clearly Husband's capacity to generate future assets is far greater than
that of Wife, who depends upon the assets she receives from this divorce to
meet all of her future needs.
2. Wife is the custodial parent of the parties' minor child. The child
lives with Wife and, except for child support that she receives from Husband,
Wife is responsible to provide for all of the child's needs, financial, emotional,
and otherwise. She does so with virtually no assistance from Husband, who
has little or no contact with the child. Being responsible for this child limits
Wife's financial and employment opportunities.
8
. .
3. The parties previously agreed to divide the marital assets so that
Wife would receive 60 percent and Husband would receive 40 percent and
Wife agreed to sell the marital residence in reliance upon that agreement.
Attached hereto is a copy of Husband's attorney's letter of 21 April 2001
confirming that understanding.
Awarding Wife 60 percent of the marital property will serve the intentions of the Divorce
Code by providing her, and therefore the parties' minor child, with financial security that
she will not otherwise have. Husband retains his significant earning capacity, more than
one-half of his pension benefits which are not marital property, and his share of the marital
property. Awarding him 40 percent of the marital property will not cause him any financial
problem.
9
PROPOSED DISTRIBUTION
, .
Wife proposes that the marital property be awarded and distributed as follows:
A. To Wife:
1996 Jeep Grand Cherokee
Rollover transfer from Husband's Solomon Smith Barney
IRA into an IRA in Wife's name
Credit for prior distribution from joint mutual fund account
Credit for prior distribution from sale of proceeds of house
Cash from escrow account containing proceeds of sale of
residence
Total to Wife
B. To Husband:
Balance of Husband's Solomon Smith Barney IRA
Credit for funds received when Husband liquidated his
Vanguard IRA
Credit for funds received from joint mutual fund account
Credit for prior distribution from sale of proceeds of house
Cash from escrow account containing proceeds of sale of
residence (this includes the sum of $2,224.00 which Husband
owes to the fund to replace the money used to pay his
support order arrearage at the time the house was sold)
Total to Husband
C. Division of Pension Benefits
$14,600.00
$20,000.00
$5,000.00
$25,000.00
$62.729.00
$127,329.00
$33,000.00
$11,691.00
$5,000.00
$25,000.00
$10.195.00
$84,886.00
Pursuant to a Qualified Domestic Relations Order, Wife should receive
60 percent of Husband's pension benefits, including 60 percent of any cost of
10
II
. <
living adjustments or other increases in the pension benefits in the future.
That would provide to her, at the present time, the following:
From Husband's regular pension payment
Wife's portion of early retirement incentive
$433.00
$300.00
Total per month (plus
future adjustments)
$733.00
D. After the distribution and division of the above assets, Husband
must pay Wife the sum of $264.54 as his share of the electric bill paid by
Wife after the sale of the house. This was an agreement reached by the
parties at the time of the Master's hearing.
ALIMONY
As noted above, Wife does not work and has not held regular employment at any
time since the birth of the parties' 13 year old daughter. She doesn't work because of
emotional and psychological disorders for which she has been hospitalized twice within the
past ten years and which require her to take medication on a regular basis. At the present
time, Wife's only source of income will be the portion of the pension benefits awarded to
her, which will pay her approximately $733.00 per month, before taxes, and child support.
Under the present order, Husband pays child support in the amount of $592.00 per month.
Thus Wife's total income, to support herself and the child, will be, before taxes, $1,325.00
per month.
Husband's circumstances are far more optimistic. His pension benefits, even after
$733.00 of the monthly benefits are awarded to Wife, will be $1,818.00 before tax. In
1 1
addition, he continues to be able to work and is compensated at the rate of $30.00 per
hour for the engineering work he does for a local firm. During the approximately six months
he worked in that capacity in 2001,1 his earnings, before taxes, were more than
$15,000.00 (Plaintiff's Exhibit 1), or about $2,500.00 per month. Thus, Husband's
earnings, before taxes, are approximately $4,300.00 per month. Assuming a reasonable
rate of tax on this income, Husband will enjoy income, net of taxes, in excess of
$3,200.00 per month from his pension and his part-time employment.
At the time of the Master's hearing, Wife's health insurance was being provided by
Husband's former employer. Following the divorce, the cost of continuing that insurance
on Wife will be $328.44 per month (Plaintiff's Exhibit 2).
Given these facts, an appropriate award of alimony would be $1,000.00 per month.
That would give Wife, before taxes, $1,733.00 per month, or approximately $1,400.00 per
month after taxes. He would leave Husband with more than $2,200.00 per month after
tax. Under all the circumstances of the case, that is a reasonable award of alimony.
The alimony should be made for an indefinite term. The circumstances of both
parties in the future are unknown and it is possible that those circumstances will change
significantly within the next few months which would require the continuation, or perhaps
the modification, of the alimony award.
'Curiously, Husband ceased working that part-time job shortly before the
Master's hearing.
12
. .
CONCLUSION
Both portions of Husband's retirement are subject to equitable distribution because
they were earned during the marriage. The factors in the Divorce Code, applied to the facts
in this case, mandate an award to Wife of sixty (60%) percent of the marital property.
Even after that property is awarded, however, Wife will not be able to support herself and
will not be able to pay health insurance premiums. Given the financial circumstances of the
parties, Wife's lack of employment and employment history, and Husband's skill and
earning capacity, an award of alimony of $1,000.00 per month is justified and appropriate.
Respectfully submitted,
->~~~&
Samuel L. Andes
Attorney for Defendant
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
13
" ..
,
SNELBAKER, BRENNEMAN (1 SPARE
^ PROFESSIONAl. CORPORATION
ATTORNEYS AT LA.W
44 WEST MAlN STREET
MECHANICSBURG, PENNSYLVANIA 17055
RICI-lARD C. SNELBAKER
KEITH O. BRENNEMAN
PHILIP H. SPARE
717-697-8528
p, O. BOX 318
FACSIMILE (717) 697.7681
April 21, 2000
Samuel L. Andes, Esquire
525 N. 1z'h Street
p, O. Box 168
Lemoyne, PA 17043
PRIVILEGED AND CONFIDENTIAL
FOR SETTLEMENT PURPOSES ONLY
Re: Roth v. Roth
Dear Sam:
After consultation with my client and our several telephone conversations, I offer the following
response to your letter of March 13, 2000.
My client is in full agreement that the marital residence should be listed for sale as soon as
possible. My client agrees that till" items listed in Nathan Snyder's undated letter to your client should be
repaired in order to get the property ready for marketing. My client agrees that the home should be listed
at a price calculated to generate a selling price of $270,000 to $280,000, In order to have the repair items
taken care of in advance of sale of the home, we propose that an escrow fund be established in an amount
of$5,000.00 from the Ginny-Mae fund, We would propose asking Nathan Snyder whether he would be
willing to be in charge of the escrow fund and making arrangements for the repairs at a reasonable fee.
Please let us know as soon as possible when we can sign the papers necessary to list the house for sale.
. My client has no intention of moving back into the marital residence. He is willing to sign a
stipulation to that effect. Kindly forward such a proposed stipulation to me at your earliest opportunity
before file a Petition ,~vit~ the Ccurt. 1.1y client signing such a stipul4,tic}i1 is conditiont::d upon hiru being
able to obtain some items of personal property from the marital home, including one or more color
television sets, his computer equipment, some clothing and tools. I have instructed my client to prepare a
detailed list of such items and ask that you discuss with your client how we can make arrangements for
my client to obtain these items,
~~fie.!ltj~i.iig~~ef"a!;agf~effient3~ifii~"~~t6ralvidiii~fuaritlllPr()pertyon':a 60/40, basis:
~!I,1;. c;U~~treg~iXW~if;'1t~"""'iC'~"~"'-""~ -".~. ",-' "",. ."",,,c.....'''-,,.;'i,L'''''c,',.".'f:t..,.... ,.... .' ::.::::::.c~:."-,' - 'E'
. ,,,,,.!\'ll-ifffl:,,,, '~i!...lj't~~._.,.__~"-,-_'-!.,,_.,~,",....,
. . ~ ;..:;..;o~~';;till---
We propose immediately dividing the remainder of the Ginny-Mae fund between the parties on a
50/50 basis so that each of our c1hmts has some cash available, Of course, the 50/50 division will take
place after the $5,000 deposit to the escrow fund as described above.
SNELBAKER, BRENNEMAN 6\ SPARE
Samuel L. Andes, Esquire
April 21, 2000
Page Two
. .
An additional m.arital asset of the parties is a Jeep Grand Cherokee (1997 or 1998). My client
reports that a previous car was traded in and a $15,000 down payment was made to obtain this vehicle, A
relatively small car loan was taken in the approximate amount of$5,000 in order to finance the vehicle,
According to the internet site, Kelly Blue Book, such a vehicle has a trade-in value of $13,655 or a retail
value of$19,860. Averaging these two figures results in a value of$16,757. The vehicle is currently
titled in both names although your client is enjoying exclusive possession of it. My client currently drives
a company car. Another vehicle, a 1981 Datsun 310 was owned by my client prior to the marriage and is
currently stored in the marital home. The value of the jeep will be taken into consideration when we are
in a position to settle everything orithe 60/40 hask. agreed to !ibove.
We look forward to taking some concrete steps in the very near future in order to put the sale of
the home and the division of the Ginny-Mae fund in action, We look forward to your prompt response to
this letter.
Very truly yours,
WJ~
Philip H. Spare
PHS/sz
CC: Robert F. Roth
- -,-
,
~---' ..
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH T'W"ELFTIi STREE'J;'
P. O. BOX 16a
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
{717} 751-5351
26 February 2002
FAX
{717} 761.1435
The Honorable Edward Guido
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pa 17013
--
~ -~Y..-~-~c
.
RE:
Caryn Roth VS. Robert Roth ,
;),(}(J(J _ 13fJ c'/VI L
Dear Judge Guido:
You scheduled a hearing for 3:00 p.m. on Wednesday, 27 February 2002 on
my petition to release funds from an escrow account. Since that petition was filed,
the parties concluded the testimony before the Master and we expect to have a
Master's report and recommendations within the next few weeks. Philip Spare,
Esquire, who represents Mr. Roth and I believe the Master's report will deal with
the escrow funds in such a way that a hearing before you for distribution of part of
those funds may not be necessary.
Accordingly, I write to ask that the hearing scheduled before you for
Wednesday afternoon be continued generally, to be rescheduled upon the request
of either party. In that way, if the parties do not resolve the matter on the basis of
the Master's recommendations, either of us can request another hearing on the
matter.
I trust this will be satisfactory with your office. If you have questions or
problems, please feel free to contact my office directly.
Sincerely,
QQ,
amh
cc: Philip H. Spare, Esquire
-
CARYN ROTH
V.
; IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
ROBERT ROTH
: NO. 2000-1380 CIVIL TERM
ORDER OF COURT
AND NOW, this 27TH day of FEBRUARY, 2002, at the request of counsel the
hearing scheduled for Wednesday, February 27,2002, at 3:30 p.m. in the above captioned
matter is hereby continued generally.
Samuel L. Andes, Esquire
For the Plaintiff
Philip H. Spare, Esquire
For the Defendant
:sld
:,,,- ".'
- , -~ " f--
"-
,
;z!1aJIIli
"J'.lIWfJltWoIUiI~~__&<W,j;~~J'&ll"j.1Jlif~~t;Il>~",,",H,<iM'~" ~"l!&mHi~_
,
,
-
~ ~"
-,~~
-
,.I~" ~_'_~~~___~
F1ED-.O\:flCE .
,,'-_"-.-;- l,.-..",!l""l..-r,r,y
c(: . :i. .:_.I;~"~";",;'.,,,/\t\r\
02 FEB 28 td\ 8: 36
CUMBEhLAi'~D COUNTY
PENNSYLVANIA
~,,~.....
,
CARYN ROTH
V.
ROBERT ROTH
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2000-1380 CIVIL TERM
ORDER OF COURT
AND NOW, this 27TH day of FEBRUARY, 2002, at the request of counsel the
hearing scheduled for Wednesday, February 27,2002, at 3:30 p.m. in the above captioned
matter is hereby continued generally.
vSamuel L. Andes, Esquire
For the Plaintiff
~hilip H. Spare, Esquire
For the Defendant
:sld
i.~, ~
L opies ~a.i Le.d
> D;t..z~-O-1' ( ~
Edward E. Guido, J.
~~ ~~-
iiiI_
-liIfIw.Wl"
"
, ,,' '--" -- '~'-' .
_l_-.""'''''.".....,.._ .~"'"" ~
-~".".
'~"'~-
IIlilni~'."' - L.
",' ,,,.-,,, ""
r.~iLfD--"Or~.F!CE '"
',"" V""'" ''''''(YI'^RY
Lw ~'; ,,_i;~':,~,:-vu /",if
OUES 28 ill1 8: 36
CUMBEHLAND COUNTY
PENNSYLVANIA
,,-
"~ , ,.
".",.." ',',
1
";
717-761-1435 SAM ANDES
970 P01
FEB 26 '02 12:51
.
SAMUEL L. ANDES
ATTORN:!!Y AT l.AW
:sa" tQ'ORTH TWELF'l"11 S'r>>,ZRT
p,O. JaoX 168
~arNEt PBNN:Sfi!'J..V.A,IlIJA 1704::1
TEIJ3PHONE
(717) '1EU-8361
26 February l002
rAX
CJUJ ,.$1-1400
The Honorable Edward Guido
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, pa 17~J,,;;iI"""'~""'"?'''''''''''c''''+'''''''''
4tf-_c.
i(: Caryn Roth VB. Robert Ro~
);,_\'''-\!,j(<!-%<''';-~~'ii~''':''''''~'{'\*_''';:~{i*i,{;''iY;.''4d1'~'~ 8..,: '''li:~:.i::"i.f;1g~j1~~f;-(''''
Dear Judge Guido: <,
You scheduled a hearing for 3:00 p.m. on Wednesday, 27 February 2002 on
my petition to release funds from an escrow account. Since that petition was filed,
the parties concluded the testimony before the Master and we expect to have a
Master's report and recommendations within thp. np.xt fp.w WP.P.kll. Philip 8PlfrR,
Esquire, who represents Mr. Roth and I believe the Master's report will deal with
the escrow funds in such a way that a hearing before you for distributIon of part of
those funds may not be necessary.
Accordingly, I write to ask that the hearing scheduled before you for
Wednesday afternoon be continued generally, to be rescheduled upon the request
of either party. In that way, if the parties do not resolve the matter on the basis of
the Master's recommendations, either of us can request another hearing on the
matter.
I trust this will be satisfactory with yOur office. If you have questions or
problems, please feel free to contact my office directly.
Sincerely,
Samuel L. Andes
amh
cc: Philip H. Spare, Esquire
'1,
ROBERT F, ROTH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
: CIVIL ACTION - LAW
~
t.:::
c,_
~
vs.
~
s:.
-00)
q;)q:\
ze
(j)!:.~
~.,;:-
'<.0
""c,
be')
:>>.::
-;>'
::2
.",
::J!;
t:?
..-
<...'1
: NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
.::-
: IN DIVORCE
Defendant
STIPULATION OF PARTIES AND COUNSEL
o
-'f\
-<
:r:~
<........ -Y
. ""-:
~c~~ t?
~::~c~
_.,.--T,
,.'- -11
~o
~:,."-)m
"::::.,
~
~
AND NOW, come the above-named parties, with their counsel, and stipulate and agree
I .
I that pursuant to the Master's Report filed March 27, 2002, the court shall enter a final decree In
divorce and, contemporaneously with that, enter the attached Final Economic Order. The two
! Qualified Domestic Relations Orders required shall be entered as soon as practicable.
!
S ~1~:2..
Date' I
~~~~ \. ~\L
~
Robert F. Roth
$13/d;;..
Date I
~~
Attorney for Plaintiff
spc(oz--
Date
r 1U 1 i/1'-- ~ (Ly~
Caryn~Roth '
~,..~OJ),
S uel L. es-
Attorney for Defendant
~:e 1'1., 2:Q)z
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
, ,~wI_
"""'1'"
,
",,""
-
,-
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
I
I
1
I
I
I
,
I
I
!,~ "" r _ "
ROBERT F. ROTH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
vs.
: NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
: IN DIVORCE
Defendant
FINAL ECONOMIC ORDER
AND NOW, this _ day of
, 2002, on the basis of the report and
recommendation ofthe Master and the stipulation of the parties, which is attached hereto, we
hereby order and direct as follows:
1, The Plaintiff, Robert F. Roth is hereby awarded the following property as
equitable distribution of the parties' marital assets:
A. An advanced distribution from the sale of the parties' residence in the
amount of $25,000.00,
B, An advanced distribution from the proceeds from the sale of the residence
which was paid to the domestic Relations Office to satisfy Plaintiff's support arrearage at
that time, in the amount of $21224,00.
C. His individual retirement account with the Vanguard Group having a
marital value of$II,690,82.
D. Forty-five percent of the $53,067.14 balance in his 401 (k) Plan with the
United Water company, or any individual retirement account or other account into which
he transferred the funds from that plan after the separation, which the Master determined
to have a value, as of the proceedings before the Master of$23,880.21.
I)'
, ,'--"~-~~"-~ , -
LAW OfFICES
SNELE3AKER,
BRENNEMAN
8: SPARE
~,
E. Additional funds from the escrow account being held by the parties'
attorneys which represent the proceeds of the sale of the residence, in the amount of
$28,26 I.I O.
Total Distribution to Plaintiff:
$91,056.13
2. The Defendant, Caryn G. Roth is hereby awarded the following property as
equitable distribution of the parties' marital assets:
A An advanced distribution from the sale of the parties' residence in the
amount of$25,000.00.
B. The funds remaining in ajoint investment account held by the parties
which was previously liquidated in the amount of$132.00.
C. The 1998 Jeep Grand Cherokee automobile currently titled in the names of
both parties, for which the Master assigned a value of $ I 4,600.00.
D. Fifty-five percent of the balance of$53,067.14 of the Plaintiff's account in
the 401 (k) Plan with the United Water Company, or any account into which the Plaintiff
had transferred those funds which the Master determined, at the time of the Master's
proceedings to be $29,186.93.
E. Additional funds from the escrow account being held by the parties'
attorneys which represent the proceeds of the sale of the residence in the amount of
$42,371.90.
Total Distribution to Defendant:
$1 I 1,290.83
3.
Wife's share of the monthly pension payment in the amount of$1,507.00 shall be
-2-
~"~
.
.
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
"~.
distributed to wife using a coverture fraction resulting in 46.0% of husband's benefit being
earned during the marriage. Wife shall be entitled to 55% of the marital portion ($693.22)
for a benefit monthly from the $1,507.00 portion ofthe pension of$381.27.
4. The "Social Security Supplement Payment" made to Plaintifffrom his pension
with the United Water Company, in the amount of$I,044.00 per month, is awarded to Plaintiff.
5. The distribution or division of Plaintiff's benefits within the United Water
Company pension and his benefits within the United Water Company 401 (k) Plan, or the plan
into which those funds were transferred by Plaintiff, shall be made by the Qualified Domestic
Relations Orders which will be entered as soon as possible following the order.
6. Counsel and both parties acknowledge that the funds they held in the escrow
account were distributed in accordance with this order by Trust Account checks issued from the
firm of Snelbaker, Brenneman & Spare, P.c. dated May 3, 2002. Defendant's portion of the
escrow account distributed included the $132,00 set forth in Paragraph 2.B. above and the
$264.54 set forth in Paragraph 7 below.
7. Plaintiff has paid to Defendant the sum of $264.54 representing his share ofan
electric bill paid by Defendant.
8. Plaintiff shall pay to Defendant, as alimony and through the Domestic Relations
Office of Cumberland County, the sum of$750.00 per month, starting with the first day of the
first month following the date of this order. The amount and duration of alimony shall be subject
o modification or termination on the petition of either party as allowed under Section 3701 (e) of
he Domestic Relations Code.
-3-
~-rl!'
-
-""'"'~""''''''f'""
LAW OFFICES
SNEL8AKER,
BRENNEMAN
& SPARE
m_
9. The parties will make, execute, acknowledge, and deliver all automobile titles,
stipulations, and other docmnents reasonably required by their attorneys or this court or the
Domestic Relations Office to fully implement the terms and provisions of this order.
10. This court will retain jurisdiction of this matter for purposes of implementing,
lllodifYing or enforcing the terms and provisions ofthis order.
BY THE COURT,
1.
Distribution:
Philip H. Spare, Esquire (Attorney for Plaintiff)
44 West Main Street, Mechanicsburg, P A 17055
Samuel L. Andes, Esquire (Attorney for Defendant)
525 Northl2'h Street, Lemoyne, P A 17043
-4-
,~
~-,r
1 '
""~
LAW OFFICES
S N ELBAKER.
BRENNEMAN
& SPARE
k
ROBERT F. ROTH,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
vs.
NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
: IN DIVORCE
Defendant
FINAL ECONOMIC ORDER
AND NOW, this ~.J day of ~, 2002, on the basis ofthe report and
recommendation of the Master and the stipulation of the parties, which is attached hereto, we
hereby order and direct as follows:
1. The Plaintiff, Robert F. Roth is hereby awarded the following property as
equitable distribution of the parties' marital assets:
A. An advanced distribution from the sale of the parties' residence in the
amount of $25,000.00.
B. An advanced distribution from the proceeds from the sale of the residence
which was paid to the domestic Relations Office to satisfy Plaintiff s support arrearage at
that time, in the amount of $2,224.00.
C. His individual retirement account with the Vanguard Group having a
marital value of $11 ,690.82.
D. Forty-five percent of the $53,067.14 balance in his 401 (k) Plan with the
United Water company, or any individual retirement account or other account into which
he transferred the funds from that plan after the separation, which the Master determined
to have a value, as of the proceedings before the Master of$23,880.21.
, I
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
E. Additional funds from the escrow account being held by the parties'
attorneys which represent the proceeds of the sale of the residence, in the amount of
$28,261.10.
Total Distribution to Plaintiff:
$91,056.13
2. The Defendant, Caryn G. Roth is hereby awarded the following property as
equitable distribution of the parties' marital assets:
A. An advanced distribution from the sale of the parties' residence in the
amount of $25,000.00.
B. The funds remaining in a joint investment account held by the parties
which was previously liquidated in the amount of $132.00.
C. The 1998 Jeep Grand Cherokee automobile currently titled in the names of
both parties, for which the Master assigned a value of $14,600.00.
D. Fifty-five percent of the balance of$53,067.14 of the Plaintiff's account in
the 401 (k) Plan with the United Water Company, or any account into which the Plaintiff
had transferred those funds which the Master determined, at the time of the Master's
proceedings to be $29,186.93,
E. Additional funds from the escrow account being held by the parties'
attorneys which represent the proceeds of the sale of the residence in the amount of
$42,371.90.
Total Distribution to Defendant:
$111,290.83
3.
Wife's share of the monthly pension payment in the amount of$I,507.00 shall be
-2-
LAW OFFiCES
SNELBAKl::R.
BRENNEMAN
& SPARE
J ~ ~
distributed to wife using a coverture fraction resulting in 46.0% of husband's benefit being
earned during the marriage. Wife shall be entitled to 55% of the marital portion ($693.22)
for a benefit monthly from the $1,507.00 portion of the pension of $381.27.
4. The "Social Security Supplement Payment" made to Plaintiff from his pension
with the United Water Company, in the amount of $1 ,044.00 per month, is awarded to Plaintiff.
5. The distribution or division of Plaintiffs benefits within the United Water
Company pension and his benefits within the United Water Company 401 (k) Plan, or the plan
into which those funds were transferred by Plaintiff, shall be made by the Qualified Domestic
Relations Orders which will be entered as soon as possible following the order.
6. Counsel and both parties acknowledge that the funds they held in the escrow
account were distributed in accordance with this order by Trust Account checks issued from the
firm of Snelbaker, Brenneman & Spare, P.C. dated May 3, 2002. Defendant's portion of the
escrow account distributed included the $132.00 set forth in Paragraph 2.B. above and the
$264.54 set forth in Paragraph 7 below.
7. Plaintiff has paid to Defendant the sum of $264.54 representing his share of an
electric bill paid by Defendant
8. Plaintiff shall pay to Defendant, as alimony and through the Domestic Relations
Office of Cumberland County, the sum of$750.00 per month, starting with the first day ofthe
first month following the date of this order. The amount and duration of alimony shall be subject
o modification or termination on the petition of either party as allowed under Section 3701 (e) of
he Domestic Relations Code.
-3-
.
,
. .
9. The parties will make, execute, acknowledge, and deliver all automobile titles,
stipulations, and other documents reasonably required by their attorneys or this court or the
Domestic Relations Office to fully implement the terms and provisions of this order.
10. This court will retain jurisdiction of this matter for purposes of implementing,
modifying or enforcing the terms and provisions of this order.
J.
Distribution:
Philip H. Spare, Esquire (Attorney for Plaintiff)
44 West Main Street, Mechanicsburg, PA 17055 , ~
. -~1118.../0;l..
Samuel 1. Andes, EsqUire (Attorney for Defendant)
525 Northl2'h Street, Lemoyne, PA 17043 ft .1'.
8 0 0
l'j -.,
s: '- --I
-Om
~rr~ c: ~.."
r- !'Jl-":'"
"7<;:' ' r-
-:-;- ~8t9
CD -' N
::S '"
~- 01.,
r_........! ::;J~;
)>c' ~
~. ;-.-+) -r;
.2 J -I. ''''~
LAW OFFICES 5>(J C) 1
C
SNELBAKER, Z -,
:.:> ']>
BRENNEMAN -;i ..~ :n
-4- -... -<
& SPARE
':'~"7
I~I
" ~
Tll!llI.
"
0 c:> 0
C N "
s:: '- ,-1
""TJ(['~ c= 'T-
mn, , fi1;Q
Z...u "nm
:;;::C- I'" '.tiCJ
~ij';_ .::) 1
,-lCJ
~CJ ;t>> ~.'.~il
2;n :E: :~1o
"'=6 .'::::"'rn
>-c 0
,-1
Z W 5;
'3
-~ + -<
~~~JF1~~~! ,,_~~~~l
,-=<!,,,,. "'
~1Ii
. .
ROBERT F. ROTH,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
vs.
: NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
: IN DIVORCE
Defendant
STIPULATION OF PARTIES AND COUNSEL
AND NOW, come the above-named parties, with their counsel, and stipulate and agree
that pursuant to the Master's Report filed March 27, 2002, the court shall enter a final decree in
divorce and, contemporaneously with that, enter the attached Final Economic Order. The two
Qualified Domestic Relations Orders required shall be entered as soon as practicable.
..5' ~~;2..
Date' ,
~~~~ \. ~tL
~
Robert F, Roth
s13k:J-
Date '
~~
Attorney for Plaintiff
5/:2-0/02--
, I
Date
rlUl w--2 ~
Caryn GjRoth '
~~.~ OJ),
S uel L. es-
Attorney for Defendant
6'a~e M~ 2CO<.
LAW OFFICES
SNELBAKER.
BRENNEMAN
& SPARE
-
~
. .
,,^
,^,
~1ItlI~. ~ P'mlll!l,
,<",'
0 Cl ~
C !'->
s::: '- ...i
-\:.:10') c:: ~;EF
f1lrn '^~
-
Z:D ~g8
-f-
(])'1> ,~ '-')-.3-
",,,,"";7. ::,U
r;CJ -0 -E=H
-- ::l' i \--
ZC) >-;;.(')
'C: ctJ Om
5>e: ';;!
'7 ;:-
::.:i ::q
,/ .r- -<
-,
"
!"'!"""'-
.RI., _. ." .,!~
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
J.
Distribution:
,..Philip H. Spare, Esquire (Attorney for Plaintiff)
44 West Main Street, Mechanicsburg, PA 17055
ft'amuel L. Andes, Esquire (Attorney for Defendant)
525 North 12th Street, Lemoyne, PA 17043
\[~
~~.d
R)\~
oq - J.5'~
",_._0
*~'~o
LLsm
J'k""'~,_'~"_';;. ~"~,<_ _.",__~ ~_ ,~
...
~ lll!lil
.~ "'~aill!il:l'~~~'"""'-_~ai~M~illllIoIiliW(
-,,-,.,.
-~W-,~
,"~,
~-
ur-
'1
i:.iI.. Ef}{)rlICE
i::,C:;Cl~HCtr'JOTAAY
ii'] "EO c,";
!-J.J l..J _I .'... V
"Ii,' 9' 01
i'11 . ,'I
CUMSERLAi'jD COUNTY
PENNSYLVANIA
.,
II
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
ROBERT F. ROTH,
Plaintiff
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
ORDER OF COURT
AND NOW this day of , 2003, upon
consideration of the attached Motion, a Rule is hereby issued upon the Plaintiff to show
cause, if any, why the relief prayed for in the Motion should not be granted. The Rule shall
be served upon Plaintiff's counsel of record and should be returnable days from the
date of service.
BY THE COURT,
J.
Distribution:
Philip H. Spare, Esquire (Attorney for Plaintiff)
44 West Main Street, Mechanicsburg, PA 17055
Samuel L. Andes, Esquire (Attorney for Defendant)
525 North 12th Street, Lemoyne, PA 17043
II
ROBERT F. ROTH,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2000-1380 CIVIL TERM
CARYN G. ROTH,
Defendant
IN DIVORCE
DEFENDANT'S PETITION TO ENFORCE FINAL ECONOMIC ORDER
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes,
and moves the court to enforce the final economic order entered in this matter, based
upon the following:
1. The moving party herein is the Defendant. The responding party herein is the
Plaintiff .
2. By an order dated 2 July 2002 and termed a "Final Economic Order" (Order) this
court disposed of the economic claims raised by the parties in their divorce action at or
near the time the court entered a final decree in divorce. A copy of the Order is attached
hereto and marked as Exhibit A.
3. Pursuant to Paragraph 2 (D) of the Order, Defendant was awarded $29,186.93
from the balance in the Plaintiff's 401 (k) Plan with United Water Company, or any
account into which Plaintiff had transferred those funds. Pursuant to Paragraph 5 of the
Order, the transfer was to be made "as soon as possible."
4. Subsequent to the entry of the Order, the parties and their counsel determined
that a Qualified Domestic Relations Order was not necessary to make the transfer required
by Paragraph 2 (D) of the Order because the Plaintiff had already transferred those funds
into an individual retirement account he held with Salomon Smith Barney, Inc. The parties
were advised by representatives of Salomon Smith Barney, Inc. that the transfer could be
made upon receipt of a few documents and communications from Plaintiff.
~ f~~ .
"c_',
II
5. The parties have subsequently determined that the amount to be transferred
from Plaintiff's Salomon Smith Barney IRA into an IRA held for Defendant's benefit, to
properly implement the terms of the Order is $23,880.21.
6. Defendant has taken all steps and performed all duties necessary to open an
individual retirement account to receive the funds from Plaintiff's Salomon Smith Barney
IRA and has been prepared, since early 2003, to have those funds transferred.
7. To date, without any valid justification or excuse, Plaintiff has failed to
communicate with representatives of Salomon Smith Barney, Inc. to give them the
authorizations necessary to make the transfer required by the Order. Defendant's
counsel has been advised by representatives of Salomon Smith Barney, Inc. that all
Plaintiff needs to do is sign and deliver, by mail or personally, a letter authorizing and
directing that such transfer be made.
8. By failing to write and deliver the letter required by Salomon Smith Barney, Inc.
Defendant has violated the terms and provisions of the Order and, as a result, has violated
said Order.
9. Defendant's breach of the Order has caused Plaintiff significant prejudice and
damage, including the following:
A. It has caused Plaintiff to incur additional and unnecessary legal
fees and other expenses to enforce the Order; and
B. It has deprived Defendant of the use and benefit of the asset
awarded to her by the Court; and
C. It has prevented her from taking steps to avoid the loss and value
of the funds she is to receive pursuant to the Order.
Defendant continues to suffer such prejudice.
WHEREFORE, Defendant moves this court to take the following actions to enforce
the Order:
A. Adjudge the Plaintiff in contempt of court for failure to comply
with and perform his obligations under the said Order; and
;J'(,
11
B. Direct Salomon Smith Barney, Inc. or its representatives to make
the transfer of funds from Plaintiff's individual retirement account into the
individual retirement account designated by Defendant within fifteen (15)
days of the date of this court's Order; and
C. Award Plaintiff all counsel fees actually incurred by her in her
efforts to enforce the Order; and
D. Such other actions as the court deems appropriate or necessary to
protect the rights of the parties.
.~*~~~
Sa I L. noes
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
~ ,
VERIFICATION
I verify that the statements made in this document are true and correct. I
understand that any false statements in this document are subject to the penalties of 18
Pa. C.S. 4904 (unsworn falsification to authorities).
Date: q-/'7-()3
~Q^CA
S L L. AN ES
II
CERTIFICATE OF SERVICE
I hereby certify that I served a copy of the foregoing document upon counsel for
the Plaintiff herein by regular mail, postage prepaid, addressed as follows:
Philip H. Spare, Esquire
44 West Main Street
Mechanicsburg, PA 17055
Date: 17 September 2003
~ ~
Vn.~
Amy M. arklns
Secretary for Samuel L. Andes
j'-'-
LAW OFFICES
StJEL8AKER.
BRENNEMAN
a: SPARE
,.-_i" """'1
ROBERT F. ROTH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Plaintiff,
CIVIL ACTION - LAW
vs.
NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
: IN DIVORCE
Defendant
FINAL ECONOMIC ORDER
AND NOW, this ~.... day Of~, 2002, on the basis of the report and
recommendation of the Master and the stipulation of the parties, which is attached hereto, we
hereby order and direct as follows:
I. The Plaintiff, Robert F: Roth is hereby awarded the following property as
equitable distribution of the parties' marital assets:
A. An advanced distribution from the sale of the parties' residence in the
amount of $25,000.00.
B. An advanced distribution from the proceeds from the sale of the residence
which was paid to the domestic Relations Office to satisfy Plaintiff s support arrearage at
that time, in the amount of$2,224.00.
C. His individual retirement account with the Vanguard Group having a
.. marital value of$II,690.82.
D. Forty-fIve percent of the $53,067.14 balance in his 401 (k) Plan with the
United Water company, or any individual retirement account or other account into which
he transferred the funds from that plan after the separation, which the Master determined
to have a value, as of the proceedings before the Master of$23,880.21.
LAW OFFICES
SNELBAKER.
SRENNEMAN
& SPARE
=_';"-""'.,_ .d
E. Additional funds from the escrow account being held by the parties'
attorneys which represent the proceeds of the sale of the residence, in the amount of
$28,261.1 O.
Total Distribution to Plaintiff:
$91,056.13
2. The Defendant, Caryn G. Roth is hereby awarded the following property as
equitable distribution of the parties' marital assets:
A. An advanced distribution from the sale of the parties' residence in the
amount of$25,000.00.
B. The flmds remaining in ajoint investment account held by the parties
which was previously liquidated in the amount of $132.00.
C. The 1998 Jeep Grand Cherokee automobile currently titled in the names of
both parties, for which the Master assigned a value of $14,600.00,
D. Fifty-five percent of the balance of$53,067.l4 of the Plaintiffs account in
the 401 (k) Plan with the United Water Company, or any account into which the Plaintiff
had transferred those funds which the Master determined, at the time of the Master's
proceedings to be $29,186.93.
E. Additional funds from the escrow account being held by the parties'
attorneys which represent the proceeds of the sale of the residence in the amount of
$42,371.90.
Total Distribution to Defendant:
$111,290.83
,
J.
Wife's share of the monthly pension payment in the amount of$I,507.00 shall be
-2-
/
LAW OFFICES
5NELBAKER.
BRENNEMAN
8: SPARE
-=-"~,
distributed to wife using a coverture fraction resulting in 46.0% of husband's benefit being
earned during the marriage. Wife shall be entitled to 55% of the marital portion ($693.22)
for a benefit monthly from the $1,507,00 portion of the pension of~
4. The "Social Security Supplement Payment" made to Plaintiff from his pension
with the United Water Company, in the amount of $1 ,044.00 per month, is awarded to Plaintiff.
5. The distribution or division of Plaintiffs benefits within the United Water
Company pension and his benefits within the United Water Company 401 (k) Plan, or the plan
into which those funds were transferred by Plaintiff, shall be made by the Qualified Domestic
Relations Orders which wiII be entered as soon as possible following the order.
6, Counsel and both parties acknowledge that the funds they held in the escrow
account were distributed in accordance with this order by Trust Account checks issued from the
firm of Snelbaker, Brenneman & Spare, P.c. dated May 3, 2002. Defendant's portion of the
escrow account distributed included the $132.00 set forth in Paragraph 2.B. above and the
$264.54 set forth in Paragraph 7 below.
7. Plaintiff has paid to Defendant the sum of $264.54 representing his share of an
electric bill paid by Defendant.
8. Plaintiff shall pay to Defendant, as alimony and through the Domestic Relations
Office of Cumberland County, the sum o_r month, starting with the first day of the
first month following the date of this order. The amount and duration of alimony shall be subject
o modification or termination on the petition of either party as allowed under Section 3701 (e) of
he Domestic Relations Code.
-3-
-
LAW OFFICES
SN~LBAKER.
BRe:NNEMAN
& SPARE
""~
9. The parties will make, execute, acknowledge, and deliver all automobile titles,
stipulations, and other documents reasonably required by their attorneys or this court or the
Domestic Relations Office to fully implement the terms and provisions of this order.
1 O. This court will retain jurisdiction of this matter for purposes of implementing,
modifying or enforcing the terms and provisions of this order.
1.
Distribution:
Philip H. Spare, Esquire (Attorney for Plaintiff)
44 West Main Street, Mechanicsburg, PA } 7055
Samuel L. Andes, Esquire (Attorney for Defendant)
525 North} 2'h Street, Lemoyne, P A } 7043
-4-
-
~ 1 ~-
,-
ROBERT F. ROTH,
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
CIVIL ACTION - LAW
vs.
NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
: IN DIVORCE
Defendant
STIPULATION OF PARTIES AND COUNSEL
AND NOW, come the above-named parties, with their counsel, and stipulate and agree
that pursuant to the Master's Report filed March 27, 2002, the court shaH enter a final decree in
divorce and, contemporaneously with that, enter the attached Final Economic Order. The two
Qualified Domestic Relations Orders required shaH be entered as soon as practicable.
s /;, ~;z.,
Date' I
~ ~~ ~ \. ~ tl
--
Robert F. Roth
S!3)O:L
Date I
({2qI~
PhIlip H. Spare
Attorney for Plaintiff
SPO/o2--
Date I
r lLu ~8 iLr~
Caryn G. Roth '
;a~/'1 "1 U:oZ
~,..~(LO,
Sa lIel L. es-
Attomey for Defendant
L.AW OFFJCES
SI'IEL8AKER.
BRENNEMAN
8: SPARE
~ __m!l,.__..,(J':i!
..-,_~""""'1",
"
",
"
,,-'1
,.,..~
C)
r-
~, :?:
VI.~
r"l"/'.;>
z-'"
.,..-",
(~,~ .>
~~
j;)~~ J
""~.:-
:;)
,
~
~1Il!l\Wj~l!II!'!I".",,~~~,~\~r,lJ;~~~~
,="
:'--"',
-C'~
-"'.
~J
(n
""
~""
C:1
CJ
,f)
,[11
V
o
-;7
.;~-j
I ~"J
.":'~!
d~)
....;!
.', ;,
,--,:C"~l)
~-:r
u.'_)
::u
--<:
'-"'j!~ "='" ~",
_Jl!~
Plaintiff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
ROBERT F. ROTH,
vs.
: NO: 2000 - 1380 CIVIL TERM
CARYN G. ROTH,
: IN DIVORCE
Defendant
OUALIFIED DOMESTIC RELATIONS ORDER
AND NOW, this
<8J1'v..
day of
~
,2002,
upon consideration of the Parties' Stipulation for Entry of a Qualified Domestic Relations Order,
it is ORDERED and DIRECTED as follows:
L- Definitions
For purpose ohhis Order, the following terms shall have the respective meanings set
forth below unless a different meaning is plainly required by the context:
1. Alternate Payee shall mean: Caryn G. Roth,
DOB: March 30,1952
SSN: 174-44-5534
Mailing Address:2015 Harvard Avenue
Camp Hill, PA 17011
Relationship to Participant: Former Spouse
2. Participant shall mean: Robert F. Roth
DOB: April 17, 1945
SSN: 207-34-5624
Mailing Address:402 East Main Street
Mechanicsburg, PA 17055.
3. Plan shall mean: United Water Resources, Inc. Retirement Plan.
4. Plan Administrator shall mean: Pension Committee
United Water Resources, Inc.
200 Old Hook Road
Harrington Park, NJ 07640.
_.<~
,..
II. - Disposition of Benefits
A. The Court hereby orders the Plan to pay the Alternate Payee as follows:
1. As the Participant's Benefits are already in pay status due to his
participation in the voluntary Early Retirement Window, there is hereby assigned to the
Alternate Payee a benefit in the amount of$381.27 per month or 25.3% of Participant's
monthly retirement benefit. Alternate Payee's current amount of$381.27 per month was
calculated by the Divorce Master as fifty-five percent (55%) of the marital portion
($693.22 of Participant's current $1,507.00 monthly retirement benefit). In the event
Participant's monthly retirement benefit increases in the future as a result of a cost of
living increase, Alternate Payee shall be entitled to 25.3% of the increased amount.
2. Form in which Alternate Payee's Benefits shall be Paid: Payment of
benefits to the Alternate Payee under the Plan shall be made on a monthly basis in
the amount of$381.27 per month as set forth hereinabove.
3. Date When Alternate Payee's Benefit shall Commence: The Alternate
Payee shall be entitled to begin receiving payments immediately upon the entry of
this Order and shall be paid as soon as administratively possible.
B. Payment of Benefits After Death of Participant: If the Participant dies, the
Alternate Payee's right to receive payments pursuant to Part II. A. above, shall cease because the
Participant elected a Single Life Retirement Benefit.
III - Understandings and Conditions
The assignment of a portion of the Participant's benefits to the Alternate Payee and the
payment of benefits to the Alternate Payee pursuant to the terms of this Order shall be subject to
the following understandings and conditions:
2
.jl~"~iti!!!,:,_
~
"
:!
'I
I
I
1]
, ;<~~, - ..
.
A. Remarriage: The subsequent remarriage of either party shall not affect the
disposition of benefits pursuant to this Order.
B. Post-Retirement Cost of Living Increases: If the Plan pays a cost-of-living
increase or any other post-retirement benefit increase to the Participant, the Alternate Payee's
benefit shaH be increased to reflect the Alternate Payee's share of such increase. The Alternate
Payee's share of such increase shaH be the Actuarial Equivalent ofthe portion of the increase
that is aHocable to the portion of the Participant's benefit that is assigned to the Alternate Payee
pursuant to Part II.A.(I.) above.
C. Name and Address: The Participant and the Alternate Payee, respectively shaH
each advise the Plan Administrator in writing of any changes in his/her mailing address as set
forth in Part 1. above. The Plan Administrator shaH advise the Participant and the Alternate
Payee in writing of any changes in its mailing address or legal name as set forth in Part 1., above.
D. Oualified Domestic Relations Order: This Order relates to the provision of marital
property rights to a spouse, former spouse, child or other dependent of the Participant and is
made pursuant to the domestic relations laws ofthe Commonwealth of Pennsylvania. This Order
is intended to be a Qualified Domestic Relations Order within the meaning of any applicable
laws of Pennsylvania and under Section 206 (d) of ERISA.
Nothing contained herein shaH be construed to require the Plan: (1) to provide any type
or form of benefit or any option, not otherwise provided under the Plan; (2) to provide increased
benefits determined on the basis of actuarial value; or (3) to provide benefits to the Alternate
Payee that are required to be paid to another Alternate Payee under another Order previously
determined to be a Qualified Domestic Relations Order.
3
~"
E. Plan Termination: If the Plan terminates before the benefits due to the Alternate
Payee under this Order have been paid in full, and if benefits under the Plan are reduced in
accordance with Title IV of ERISA, any reductions in the benefits payable under the Plan with
respect to the Participant shall be applied proportionately to both the Participant and the
Alternate Payee based upon their respective benefits in the Participant's accrued benefit under
the Plan.
F. Notice to Plan Administrator: Each party shall deliver a true copy of this Order to
the Plan Administrator, at the address specified in Part 1., above, as soon as possible after this
Order is entered.
G. Qualification: If the Plan Administrator determines that this Order is not a
Qualified Domestic Relations Order within the meaning of Section 206 (d) of ERISA, the parties
shall request the Court to modifY this Order to cause it to qualify as a Qualified Domestic
Relations Order.
H. Jurisdiction: The Court retains jurisdiction to amend this Order.
J.
'. ~
'ti:01l ~
to:
o.~.
'1"""'" ~_
SpO-re.
A'd.~
4
,. "
-
.
Plaintiff,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: No: 2000 - 1380 CIVIL TERM
: IN DIVORCE
ROBERT F. ROTH,
vs.
CARYNG.ROTH,
Defendant
STIPULATION FOR ENTRY OF A
OUALIFIED DOMESTICS RELATION ORDER
WHEREAS, the parties hereto were divorced by Decree in Divorce dated July 2, 2002;
and
WHEREAS, the economic issues between the parties were addressed in a Final
Economic Order dated July 2, 2002; and
WHEREAS, Plaintiff, Defendant and the Court intend an order to be entered as a
Qualified Domestic Relations Order (hereinafter referred to as a "QDRO") as that term is used in
the Retirement Equity Act of 1984 (the "Act"), P.L. 98-397 as technically revised by the Tax
Reform Act of 1986, Section 206( d) of the Employee Retirement Income Securities Act of 1974,
as amended ("ERISA") and Section 414(P) of the Internal Revenue Code of 1986, as amended
(the "Code");
WHEREAS, Plaintiff and Defendant, through counsel, have stipulated that this Court
should enter a QDRO as attached and hereby move this Court to sign the attached Qualified
Domestic Relations Order.
Respectfully submitted,
Date: 'iris
,2002
::~&SPARE'PC
hi ip H. Spare, Esquire
Attorneys for Robert F. Roth, Plaintiff
LAW OFFICES
SNELBAKER,
BRENNEMAN
& SPARE
Date,: 'I ~U5.t-_ 2002
~
I L. Andes, quire
Attorney for Caryn G. Roth, Defendant
ATTORNEY AT LAW
SAMUEL L. ANDES
525 NORTH TWELFTH STREET
R Q. BOX' 168
LEMOYNE,PENNSYLVANIA17043
TELEPHONE
(717) 761-5361
FAX
(717) 761-1435
1 3 January 2004
RE: Robert F. Roth vs. Caryn G. Roth
No. 2000-1380
..._,._._'~,.,."
_F._.,,~.._~,..
"_'_"_ /f J,
~~.~M_"_'
......71~"".,
',.----- .. ' L-
"~._...~ ~
------------ltfE,
=:=~==~~
The Honorable Edward Guido
Judge of the Court of Common Pleas
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
Dear Judge Guido:
I previously filed a petition to enforce a portion of the final economic order in
the above divorce action. You had scheduled a hearing which you postponed, at
the request of both counsel, because we thought we had resolved the problem. I
write to report that we have resolved the problem and that no further action on my
petition will be required.
Thank you for your attention to this matter. If you need anything further,
please let me know.
Sincerely,
L. Andes
Ie
cc:, Philip H. Spare, Esquire
" -~
1--
.'
-,
t" I .-~
SAMUEL L. ANDES
ATTORNEY AT LAW
525 NORTH TWELFTH STREET
P. O. BOX 16B
LEMOYNE, PENNSYLVANIA 17043
TELEPHONE
(7J7) 761-53EH
21 October 2003
FAX
(717) 761-1435
SENT BY FAX & REGULAR MAIL
The Honorable Edward Guido
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pa 17013
RE: Robert F. Roth vs. Caryn G. Roth
No. 2000-1380 Civil Term
In Divorce
Dear Judge Guido:
You have scheduled a hearing on my client's Petition to Enforce the
economic order in the above case. The hearing is scheduled for 8:30 a.m. on
Friday, 24 October 2003.
Mr. Roth has taken steps to perform his obligations under the order. We
must now wait until the transfer of funds from his IRA to Ms. Roth's IRA is
complete and verify that the proper amount was transferred. For that reason, I am
not in a position to withdraw my Petition as yet, but I would like to cancel the
hearing scheduled for Friday morning.
I have sent a copy of this letter to Philip Spare by fax and I am certain he will
contact your office and mine promptly if he disagrees. Based upon my discussions
with Mr. Spare, I do not believe he will. I expect to be back in contact with your
office within thirty days to either withdraw the Petition or ask that a further hearing
be scheduled if that is necessary. Thank you for your attention to this matter.
Sincerely,
S~des
amh
cc: Philip H. Spare, Esquire (VIA FAX)
Caryn G. Roth
.; ~' ~'-I ~ ." - J. ' .
..,
. ~
; I
,
717-761-1435 SAM ANDES
595 P01/01 OCT 21 '03 12:39
,. --
SAMUEL L. ANPES
ATr01UIlEY" AT LAW
52& NQltTJI T'WI!l.PTH STHEET
r,Y,,UlJ.X..lt:H:S
LEMOYNE, >'Jl:NNSYLVANlA 17043
"BLI!i~HONB
~717) 7S..a3a~
2"\ October 2003
"'''
(7U') Na'1oWtI
SENT BY FAX & REGULAR MAIL
The Honorable Edward Guido
Judge of the Court of Common Pleas
Cumberland County Courthouse
1 Courthouse Square
Carlisle, Pa 17013
HE: Robert F. Roth VB. Caryn G. Roth
No. 2000-1380 Civil Term
In Divorce
Dear Judge Guido:
You have scheduled a hel;lring on my client's Petition to Enforce the
economic order in the above case. The hearing is scheduled for 8:30 a.m. on
Friday, 24 October 2003.
Mr. Roth has taken steps to perform his obligations under the order. We
must now wait until the transfer of funds from his IRA to Ms. Roth's IRA is
complete and verify that thc proper amount was transferred. For that reaSOll, I alii
not in a position to withdraw my Petition as yet, but I would like to cancel the
hearing schedl)led for Friday morning.
I have sent a copy of this letter to Philip Spare by fax and I am certain he will
contact your 0111ce and mine promptly if he disagrees. Based upon my discussions
with Mr. Spare, I do not believe he will. I expect to be back in contact with your
office within thirty days to either withdraw the Petition or ask that a further hearing
bc scheduled if that is necessary. Thank you for yuur illlention to this maner.
Sincerely,
Samuel L. Andml
amh
cc: Philip H. Spare, Esquire (VIA FAX)
Caryn G. Roth
"
"
"