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Home My WebLink About00-03382 . . . . . . . . . . . . . . . . . . . . I .';.:! , <~~- - - . . . . :t: :ti ;f.;f.:F.:F. ;t: ;1:'" '" ,., Of. :F. :f. '" :t: .. . . . ", . . . . . . . . . . . , , . , , , , . . , . . . , , , , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA, Carl Richard Nolte Plaintiff No. 2000-3382 VERSUS Sarah E. Heitzman-Nolte Defendant DECREE IN DIVORCE AND NOW, F"c...bru",... , , le:o S, IT IS ORDERED AND :lC~ I DECREED THAT Carl Richard Nolte , PLAINTIFF, AND Sarah E. Heitzman-Nolte , DEFENDANT, ARE DIVORCED PROM 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; All economic claims raised of record are resolved by agreement entered at the . Master's Hearing dated February 13, 2003 as more particularly set forth in the . attached Stipulation. . . . '" '" "'''' '" '" '" '" '" By THE C~t,;, ,\ J, ATTE - ROTHONOTARY '" "',., ,., .. , !._-- Jt . . . . , , , . . . . . . . . . . . . . . . . . . . . . . " . " " . . " . " ,,',,..,......,.... ..,..,'.., , .. ,......, ".., , .., 0l-;lf.CX3 OJ. ~(.c:.D 1IiWIJI!!IIii!I~ .... '-.'-' "-"'" -- "'e,'",,;,,_,,, """n'--1;'" "1-""""'" ,-" .... ' u '.Iilll' ') ", ~'t ',.j: , . r ,,'\ . . (y-{~ ~ -z; att ~ ~ ~.d/ Z; ~/H'~ ... , ~ ~ ,-" !'Il' ~ , ~ ,,~- -~- ;'-'", , , - J ~ n -. I ! f [ , [ Ii CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA " 1-: i I i I vs. NO. 00 - 3382 CIVIL SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE I I i f; ORDER OF COURT AND NOW, this o?()"fI.t day of 2003, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on Febrary 13, 2003, the date set for a Master's hearing, the agreement and stipulation having been transcribed, and subsquently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, .J. Theresa Barrett Male Attorney for Defendant Copy rEflJ;c>-:>;;,Llj Cc>p1 ,-n';,bL 9/0'>0 cc: Jacqueline M. Verney Attorney for Plaintiff 02/:lc/CU ~ >- 0-J /" CC ~~Y' C < j-- c.:, :-3 ' ' -< ',~~~ L':: " :~~ c) >- ('-....~ ~~S~ c dA~ LJ 1.J.". ~ L. ;..V) ::> (J ':::> Q , """ " "'" 'V,,,",," ":''P,,_ " ,,~~!lQ~-"J;_ ,~ " ~, -'": ~, o~;,,'O ~""l"'_""",,, - ~- . '~ "v ~ '", ,-,.,..,~~fIIDr'r:r, ~ ~, \ ;1; "l:~^~~ , " ,I: -- '-'"~ '.",.---, -~ ,; CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 00 - 3382 CIVIL SARAH E. HEITZMAN NOLTE, Defendant IN DIVORCE THE MASTER: Today is Thursday, February 13, 2003. This is the date set for a Master's hearing in the above captioned divorce proceedings to take testimony on the claims of equitable distribution, alimony, and counsel fees and costs. with respect to the grounds for divorce, the parties have previously filed affidavits of consent and waivers of notice of intention to request entry of divorce decree. Husband's affidavit was filed on December 3, 2002; his waiver was filed on February 13, 2003. Wife's affidavit and waiver were filed on December 9, 2002. The divorce can, therefore, be concluded under Section 3301(c) of the Domestic Relations Code. Present in the hearing are the Plaintiff, Carl Richard Nolte, and his counsel Jacqueline M. Verney, and the Defendant, Sarah E. Heitzman-Nolte, and her counsel Theresa Barrett Male. The parties were married on September 6, 1980, and separated February 23, 2000. The parties previously were before the Master for a hearing on Tuesday, October 1, 2002, regarding an issue .. "". "'I " '<, ,- ~, ' -"..- . .-~,-,~ . "":- , dealing with a claim made by the party's son affecting the expenditure of funds from a trust. The Master made findings and entered a recommendation with respect to those issues which were placed on the record following the hearing. The Master has been advised that the parties after negotiations today have reached an agreement with respect to the outstanding economic issues. The agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be during the transcription. The parties are going to return later today to review the draft for typographical errors, make any corrections as necessary, and then affix their signatures affirming the terms of settlement as stated on the record. In any event, when the parties leave the hearing room today, they are bound by the terms of settlement as stated on the record even though there is no subsequent signing of the agreement affirming the terms of settlement. Following receipt by the Master of a completed agreement, the Master will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. , , [ " "'.~' ,--~ -,/ ~ Also present in the hearing room is Harry M. Leister, Jr., who is with Conrad M. Siegel, Inc., actuary and benefit consultants. He has assisted the parties in review of husband's distribution of the military pension. It is my understanding as well that Mr. Leister will be assisting in preparing a QDRO to distribute the pension on a deferred basis. Ms. Male. MS. MALE: 1. Wife shall retain as her sole, separate, and exclusive property the following assets: The Orrstown Bank escrow account, No. 708700379; Josten's 401(k) account; proceeds from her Johnson & Johnson 401(k) account; Lutheran Brotherhood life insurance policy, No. 2682306; wife also shall retain the tangible personal property in her possession. 2. Husband shall retain as his sole, separate and exclusive property the following assets: C.J. Nolte employee benefit plan; Lutheran Brotherhood Field Deferred Comp Plan; Lutheran Brotherhood Field Retirement Plan; Lutheran Brotherhood Voluntary Deferred Comp Plan; Lutheran Brotherhood Mutual funds accounts 0007348992, 0007057732, 0980291027. Husband will retain all Lutheran Brotherhood life insurance policies with the exception of the policy previously identified as reserved to wife and the additional whole life "~ " .,1 ,- -' - ~- -1\\i.1~-: ... insurance policy which will be dealt with in a separate paragraph. Husband also shall retain the tangible personal property in his possession. 3. Wife is awarded 100% of the gross military pay to which husband is entitled subject to the coverture fraction which is based on the date of separation at February 23, 2000. Husband shall have the right to elect any option and shall not be required to elect a survivor benefit in favor of wife based on his agreement to provide wife with private life insurance policy coverage as we will set forth more particularly later in this stipulation. The parties shall retain Harry M. Leister, Jr., to prepare a Domestic Relations Order and the language for the distribution order necessary to implement this award. The parties contemplate that wife will receive 50% of the disposable retired pay directly from the military and that husband will pay directly to wife 100% of the gross monthly retired pay times the coverture fraction less the amount paid directly to wife by the military ("direct payment") . Husband's agreement to pay wife shall not be diminished by his subsequent disability or by subsequent election of a survivor benefit in favor of any future spouse. If husband applies for and receives disability retirement pay, he shall pay directly to wife the same amount net of federal, state, and local income taxes at wife's rate at which she would be entitled had he not been disabled. The same treatment applies in the event that husband has his benefit diminished by the amount of a subsequent survivor benefit in favor of a subsequent spouse. The direct payment shall be net of taxes which wife otherwise would have paid had she been able to receive 100% of the benefit from the military. In other words, it will be net of the taxes that wife would have paid on that benefit. By way of clarification of the tax implications for the 50% direct payment, husband's direct payment will be calculated based on the tax that wife would have paid had she received that amount from the government directly; so by way of illustration, if wife would have paid $100.00 in tax on the money husband owes her, she will receive a net of that amount minus that $100.00. The parties acknowledge that Mr. Leister is present during the stipulation on the record and that Mr. Leister will -,~- I; .,,- ,c.,", ',,'. ,'i~;~-';On ,~~.....;,,-.' " be assisting in drafting a language so that the agreement as set forth here is put into the appropriate language necessary for both the divorce decree and distribution order and the Domestic Relations Order. 4. Husband shall pay to wife as alimony for her support and maintenance the sum of $1,000.00 a month effective the date of the decree in divorce. These payments shall be payable and enforceable through the Cumberland County Domestic Relations Office. The award shall be subject to the provisions of Section 3701 of the Divorce Code governing modification and termination of alimony awards. 5. Husband shall designate and maintain wife as irrevocable beneficiary of the Lutheran Brotherhood life insurance policy, No. 2614130 which husband represents and warrants has a benefit of approximately $110,000.00 as of today's date. He also shall maintain wife as irrevocable beneficiary of his SGLI policy currently in effect which husband represents has a face value of $250,000.00. If that policy currently is being maintained for the benefit of the party's son Andrew James Nolte, husband shall change the beneficiary to wife within thirty (30) days of the date of this order. Husband shall maintain wife as irrevocable beneficiary of his AFBA life insurance policy which husband represents has a face value of $60,000.00. The aggregate of these life insurance policies is $420,000.00 which is an amount sufficient to provide protection for wife's entitlement to the military benefit without the necessity of husband providing a survivor benefit through the military plan itself. In the event that husband for any reason is unable to maintain the policies which we have identified in this stipulation, he shall secure additional insurance necessary to meet the $420,000.00 worth of insurance agreed to today. 6. Within 14 days of the date of this order husband shall place in one account in the name of the parties' son Andrew James Nolte all funds he is holding for him including the balance in the aggressive growth fund and the education IRA as identified by husband during his testimony at the October 1, 2002, Master's hearing. Within 30 days of the date of this order the parties shall pay to Andrew James Nolte the sum of $11,359.77 which is the principle plus interest determined by the Master which the parties owe to their son. Husband shall pay 60% of that amount and wife shall pay 40% of that amount. 7. Wife waives her claim to counsel fees. ,'. - i'. -,' """"'~ ,,,,., ",,-.; "'0_,< ~' 8. The parties shall divide equally the fees incurred for Mr. Leister's review and preparation of his reports up to and including his appearance at the hearing today, February 13, 2003. Wife is responsible solely for Mr. Leister's witness fee as a result of his appearance at the December 2, 2002, bifurcation hearing. The parties also shall divide equally Mr. Leister's fees for preparation of the Domestic Relations Order and the distirbution language on the military benefit pursuant to Paragraph 3. Both parties shall pay their portions of the invoice within 14 days of its submission. , I':; ~ , I" 9. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. ;:;' :: !.- MS. VERNEY: will you state your name, sir? MR. NOLTE: Carl Richard Nolte. MS. VERNEY: And Mr. Nolte, you've been present today during the reading of the settlement agreement? MR. NOLTE: Yes. MS. VERNEY: And do you understand the terms of that settlement agreement? MR. NOLTE: Yes. MS. VERNEY: And at this time are you willing to abide by the terms of that agreement? MR. NOLTE: Yes. I . M }~. , -~ ~"'~', " MS. MALE: Sarah E. Heitzman-Nolte, you are the Defendant in this proceeding. Have you been present throughout the proceedings this morning? MS. NOLTE: I have. MS. MALE: Have you had an opportunity to discuss with counsel and with Mr. Leister the matters that we have discussed? MS. NOLTE: Yes, I have. MS. MALE: Have you listened carefully to the terms of the stipulation as I read them into the record? MS. NOLTE: Yes, I have. MS. MALE: Do you agree with the terms as outlined? MS. NOLTE: Yes, I do. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by ,~ law and in particular Section 3105 of the Domestic Relations Code. WITNESS: Lju.. ac eline M. Verne Attorney for plaint ff ?~~ Attorney for Defendant DATE: d. -1"1 -0 3 O~/c3 I ~) Carl Richard Nolte ~"ff;::::.;/l~ " ...~ ,~ i' ~ I I,: r ~ ! '> ''', : ~ f~ CARL RICHARD NOLTE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA n fj i:~ V. : CIVIL ACTION : NO. 2000-3382 SARAH E. HEINTZMAN-NOLTE: Defendant IN DIVORCE i:'~ , q PRAECIPE TO TRANSMIT RECORD ( f1 [' '" I,: To the Prothonotary: i'i II " t~ Transmit the record, together with the following information to the court for entry of a divorce decree: j) !. 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c), ~ i' !' ~ of the Divorce Code. (Strike out inapplicable section)., , i'~ 2. Date and manner of service of the Complaint: Acceptance of Service dated j H Tune 13, 2000. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff December 3, 2002; by defendant December 9.2002. (b) (1) Date of execution of the affidavit required by see. 3301 (d) of the Divorce Code: ; (2) Date of filing and service J of the plaintiff's affidavit upon the defendant 4. Related claims pending: None ,~ ,-- ,'" ~, .. .. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached M Date plaintiff's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: February 13, 2003. Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: December 9, 2002. ;2-';;'0 -03 acq eline M. Verney, Esquire #23167 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Plaintiff " - ',", - ".)fI, " 1,1 'I I, Li !_i 1:1 :'1 , "I :1 , j j ;1' , j 'I ,I ;1 " ;i I 1 II " i:j 'I H ,j [i f1 i,J I 'I , 'j " ":'-;'- :-"",- C '----'Ill "idIIill ~ " '''>i_,,, "-".' '^' __^^' ~ ';;"k'''~"~""'' '''' ... ~liiI ... ._, ."' 0 -C~ C) C ' - --n ~,~ ?:~ "'1 -U 1":0 !"-'1 m n ';)::1 ""/'-'r-, Z,C 0..) CJ:! C:J ---<. ~,: r::C_. "TJ :c:;: (~--, .--,.. 2": ~'--- );"C=- :..:> :?-" => -~ -< CO " . M '. ~ 1 ~ '-K. ~~-<I-<-'~>l(l", .. , CARL RICHARD NOLTE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, ENNSYLV ANIA V$, : CIVIL ACTION - LAW : NO.2000-33102 CIVIL TERM SARAH E. HEITZMAN-NOLTE, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 or your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, PelUlsylvania I 70 13. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALA WYER 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, PelUlsylvania 17013 (717) 249-3166 ~,>~,> ',,~- " ~ " MM'!r' " , CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2000- 3 i3 fJ., CIVIL SARAH E. HEITZMAN-NOLTE, : Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301 (0) OF THE DIVORCE CODE AND NOW comes Carl Richard Nolte, plaintiff herein, by and through his attorney, Jacqueline M. Verney, Esquire, and represents the following: l. Plaintiff is Carl Richard Nolte, an adult individual, currently residing at 213 S. Hanover Street, Apartment 3, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Sarah E. Heitzman-Nolte, an adult individual, currently residing at 245 South West Street, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 6, 1980 in New York. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. '-' -~ 7. This marriage is irretrievably broken. ~~ , WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. Respectfully submitted, cqu ineM.verneY,'~~ Supreme Ct. ill. 23167 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Plaintiff ~ ~- . ~ .~ ~ .""-"",. ;." --~.- "~ ~~~~ - ~"c.!t. , VERIFICATION I verify that the statements made in the within Complaint are true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S,A. 9 4904 relating to unsworn falsification to authorities. ~ - Dated: S -,J,) -60 ~~ Carl Richard Nolte "'1r~'~ - '" o , o CARL RICHARD NOLTE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYL VANIA VS. : CIVIL ACTION - LAW : NO. 2000- 33tfr CIVIL TERM SARAH E. HEITZMAN-NOLTE, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4( d). I certify that I am authorized to accept service on behalf of defendant Date: ~ If:3( (fD /I y,~~ 5} Address ~~( e jJJ ( 7fJ (3 ij;'-" '~_~~iki<-Hii~iii!idI@~~.d""'-' '. 'W" La~UIi:li~--- .-~~-,-~~~" 40 o iIIilIIlili' - l~ 0 C> 0 !;;. N -n -ore );>> :? -0 mrr-t ::tJ r::'6;-_~: Z:C: Z' I -";:)fT1 ~~ 0:> '.,0 :<>> ;2z!; ~~ :x 6:B :s;;C ZOO C OfTl ~ '-> :i>! -.l :u -< .~ 1 ".' " , ~ .- -, CARL RICHARD NOLTE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 2, 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S, section 4904, relating to unsworn falsification to authorities. Date: /2442 4~-< Carl Richard Nolte, Plaintiff :-:i , , i:,l H Ii ,,: t! , :, 1,1 II ::".:;'" '~:""'" " j". :"L' - ~'''' [;-8lllilllllll~"'-.'- ~~ ~ ";~~",_:i-;-,,,~,;;,:i:;~, ~,_:- .- "-, ,_.. .~~-.il -, -" f' (') 0 0 C N " s:: 0 ,-, ~ff, ,"Tl r{1~ (") Z........' I -,.....m Zr- :60 w;t,; w .-"~ l. "</-C, '=i.C) ~CJ :D>o ==z; :1> c.' :x ,.....-..)-~ ~O 2' Om 5g >' ~ '=:J :0 m -< ~ '-'- '"" : --c CARL RICHARD NOLTE, Plaintiff VS. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : NO. 00-3382 CIVIL TERM SARAH E. HEITZMAN-NOLTE, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. u~- Carl Richard Nolte .!!/3k:J Date: \ 7 , . -ri"'~,1::;;::i~:?:S:-;;1:::~;~,:i~~i_~r I "l 'W' .., ~ Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v, NO. 2000-3382 SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. 2, 2002. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on June 2, The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904, relating to unsworn falsification to authorities. 1>" u;,~z~ J.;J~Ul-/(JI-~ Sarah Heitzman-Nolte -I~ Date: December.P:> , 2002 , .. ,....". ".- , '~<~il~"'~ >"'-'n~.f>> iUrlf'llifT'.."" ~ -.,,,,.;,,,' ",' -'. .-....._.'jt;"",.,,jrt..., ~ ... 8 ~ -00" rn rr: .:z :r.:.: -.....,....... Os ;~~ -<L c:: () ;eC) ~C) PC': Z -;j ""'- C) '''''' <:::I iT! C) I I,D {") 41 -::-..:~ >(:::'1 ~,-,~~ -~46 -r "" ~~ ~ ~ -< ;p ~: 9? o 0"> H' , i I : -AI . "~ , ~ "~ """'""c-," ..' ... - ^' Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO, 2000-3382 SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE l. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. (. <;::.:!ij:Nof::ar-J1oJ~ ..J}J.. Date: December B ' 2002 ~ ~:.;... "..:till r,l'fiillLiH.:' . "J::lmJ' r _ ~. ~ .JIirll ..' ro' ~, .' . ,- .,.1"" ~,d",,~..-.'~, 0,-",1 - '''" () ~ ""ott~ mr.,.:;' ~-;...' :3; F~ . G0> :<~ I'-'r, 'S::'-... ,;" ZC) :;be, ~ =< . .",.,,4.. o ,,-, .'C:J r'l C) 1 tot') \~ "',;;i~n ':Qc~ ::J;:: '~~~C:) :~if:~ " ~I ;"-:'1 55 -< 9.=' ':::> C7\ ,,~ ... ~ - -~_. ~~ ~__L.."_ ' ~~"~) t'r CARL RICHARD NOTLE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. NO. 00 - 3382 CIVIL 19 SARAH E. HEITZMAN-NOLTE IN DIVORCE Defendant STATUS SHEET Dll"TE: - z,lt-Sfi3 ~--- '- - """~. .... ~ ~ 1->>ln?-o~ -- '~,~~. ....... , J1(?,qlqDV~ "~"~~-~""- ' ,- "",".,, I "iilI~'~~"L: ~I CARL RICHARD NOLTE IN. .THE COURT OF .COMMON PI,EAS OF CUMBERLAND COUNTY, PENNSYLVANIA r Plaintiff CIVIL ACTION - LAW VS. NO.OO - 3382 CIVIL 19 IN DIVORCE SARAH E. HEITZMAN-NOLTE Defendant STATUS SHEET. fYl t~ .' ,~~ 11/Q'D:V , ,bp,.- I o( I I ~'L. ,0.< ,'-,",- ,- -'.,-", ~--,- -,,,'~,, =_ ''';~_;'''u:_-_ '~~ F CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 3382 CIVIL SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE TO: Jacqueline M. Verney Attorney for Plaintiff Carol J. Lindsay Attorney for Defendant DATE: Tuesday, July 17, 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. -v , '"---., .-~ <-. :ili (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT 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. ",,',"'" CARL RICHARD NOLTE, Plaintiff v. SARAH E. HEITZMAN-NOLTE,: Defendant -[ - ; - " - ,;;" , ',,-~v, '''iLl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 00-3382 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR BIFURCATION BEFORE OLER, J, ORDER OF COURT AND NOW, this 12th day of December, 2002, upon consideration of Plaintiffs Petition for Bifurcation, following a hearing held on December 2, 2002, and the court being in receipt of briefs submitted by counsel, the petition for bifurcation is denied, without prejudice to Plaintiffs right to refile the petition if the case is not promptly resolved following a Divorce Master's hearing scheduled for January 16,2003. ,; Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff ~ Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc BY THE COURT, ') t~~~ J ~ . J ?. -O:;{. . ''" IQI!fIIIIIll'N,.1"l__ ~:\LEU--{~;tf\'~\: or- ~! !'. )(J\<C)T{~f{'{ 02 m::C \ 2 Pi-i; 2: (1h "l .,- ."..... CU~". . I' , """,, ':1'\' l~i",:"'H\ ..~,\\,1 j \ ,\ il 1'\\' ,~.~, .f.,..'" -' ..........";L"l nr-'It"C;~' \II\"\' , r....\.'lI\lv1\.,-.r,\'>:,i"\ ,.,~-, " ,-, ,- -r"'~'u-, ~" -~ " " mf!1':_~I~~~ ~~"ilJTR~...-,,,,_c=l' ".._"H~I!IR OOlill. H" ""_ , , ". .' -jk2\- CARL RICHARD NOLTE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant/Respondent : IN DIVORCE PRAECIPE TO WITHDA W MOTION FOR RECONSIDERATION TO THE PROTHONOTARY: Please withdraw Plaintiffs Motion for Reconsideration in the above captioned matter. / 1t10 ac eline M. Verney, Esquire #231 7 44 S. Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Plaintiff cc: Theresa Barrett Male, Esquire i',' ~~~~jiil~~~!il_!i,,;.....,,,__~1i1'~'-::' < .~- 'a' ~i.-,',".,'" ~ '-~' ,- ." ..~... .,.L'.'~_~' -~ (") F ~f~ Cry 'fC~- ;S" .,~.-: s;;:C ",::: '-" ~~. ~'--" C ?:; -< g> a CN ~. - o (-0 So? " -'I ,"";'j ',7:;; .,.~ ,- C) ',." -.:.t." ~;?15 C)f71 .-:;;J 5i -< ,,, '-.'-" - .L~". t.dtiI-", CARL RICHARD NOLTE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. SARAH E. HEITZMAN-NOLTE : NO. 00 - 3382 : IN DIVORCE RESCHEDULED HEARING ORDER AND NOTICE SETTING HEARING TO: Carl Richard Nolte Jacqueline M. Verney , Plaintiff , Counsel for Plaintiff Sarah E. Heitzman-Nolte Theresa Barrett Male , Defendant , 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 13th North Hanover Street, Carlisle, Pennsylvania, on the February 2003 at 9:00 day of a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. George E. Hoffer, President Judge Date of Order and Notice: 1/2/03 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 LffiERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 THERESA BARRETT MALE COUNSELOR AT LAW THERESA BARRETI MALE 513 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA 17101 SUSAN C. APPLEBY, PARALEGAL JONATHAN J. MALE, LEGAL ASSISTANT February 7, 2003 (717) 233-3220 FAX (717) 233.6862 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Nolte v. Nolte (# 2000-3382 Civil Term) Dear Bob: Please append the enclosed report from Harry Leister to Defendant's Pre-Trial Statement. Sincerely, f;L~~~ Theresa Barrett Male TBM/sca Enclosure cc: Jacqueline M, Verney, Esquire (w/enc) via fax - hard copy to follow Sarah E. Nolte (w/enc) , , ~' .,,'w _oj.' ~"',- . CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE,: Defendant NO. 00-3382 CIVIL TERM ORDER OF COURT AND NOW, this 18th day of November, 2002, upon consideration of Defendant's Motion to Dismiss or, Alternatively, Continue Hearing on Plaintiff's Petition for Bifurcation, a Rule is hereby issued upon Plaintiff to show cause why the relief requested should not be granted. RULE RETURNABLE at the bifurcation hearing scheduled for December 2, 2002. BY THE COURT, J, /Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, P A 1710 1 Attorney for Plaintiff / . l~~ - JI-)q-oa i1 R~S ,/ Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Defendant :rc " "".-~, q. . NOV 1 3 ZOOZ ~ Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO. 2000-3382 SARAH E, HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, November , 2002, upon consideration of Defendant's Motion to Dismiss or, Alternatively, Continue Hearing on Plaintiff's Petition for Bifurcation, and in light of the pendency of the Master's Hearing on January 16, 2003, the Court GRANTS the Motion and DISMISSES Plaintiff's petition for bifurcation. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Jacqueline Verney, Esquire, 44 South Hanover St., Carlisle, PA 17013, Attorney for Defendant Theresa Barrett Male, Esq., 513 North Second St., Harrisburg, PA 17101, Counsel for Plaintiff , ~'" . .. ~ , ' Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO. 2000-3382 SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE MOTION TO DISMISS OR, ALTERNATIVELY, CONTINUE HEARING ON PLAINTIFF'S PETITION FOR BIFURCATION 1. Plaintiff Carl R. Nolte ("Husband") and Defendant Sarah E. Heitzman-Nolte ("Wife") were married on September 6, 1980. 2, Husband is 46 years old [dob: 11/09/56], 3. Wife is 43 years old [dob: 06/17/59]. 4, On June 15, 2001, Wife filed a counterclaim to Husband's divorce complaint in which she raised claims for equitable distribution, alimony, and counsel fees and expenses, 5, On July 10, 2001, Wife moved for appointment of the divorce master. 6, Pursuant to his appointment, Master E. Robert Elicker, II directed the parties to file pretrial statements by April 10, 2002, 7. On Aprilll, 2002, the Master set the pre-hearing conference for July 19, 2002. . ", , ' 8. On July 19, 2002, following the pre-hearing conference, the Master set October I, 2002 for a preliminary hearing. 1 9. On August 19, 2002, Husband filed a petition seeking to bifurcate the divorce. 10. By order dated August 26,2002, the Court set December 2,2002 for the hearing on Husband's bifurcation petition. 11. The Divorce Code provides for bifurcation as follows: In the event the court is unable for any reason to determine and dispose of the matters provided for in subsection (b) [existing property rights and interests between the parties, alimony, reasonable attorney fees, costs and expenses, and any other related matters] within 30 days after the report of the master has been filed, it may enter a decree of divorce or annulment. Upon the request of either party and after a hearing, the court may order alimony pendente lite, reasonable counsel fees, costs and expenses and may make a temporary order necessary to protect the interests of the parties pending final disposition of the matters in subsection (b), 23 Pa. C.S.A. g 3323 (c). 12. Although section 3323 (c) does not preclude the court from entertaining a bifurcation petition before the master files a report, see Savage v. Savage,2 the Superior Court prohibits automatic or pro forma bifurcation. Id. (citations omitted). 1 This hearing proceeded on October 1, 2002, following which the Master entered an opinion disposing of one issue, Le., the disposition of $10,000,00 which the parties' son, Andrew James Nolte (dob: 08/18/84) received in 1996 as a bequest under a relative's will. 2 1999 PA. Super. 197,763 A.2d 633 (1999) (citation omitted). 2 ~ ~ , . 13. With the exception of less than $1,700.00 in an escrow account, and nominal cash values in several life insurance policies, the only assets available for distribution are the following pension and retirement benefits: a. Husband's military retirement.3 b. Husband's Lutheran Brotherhood retirement plan and deferred compensation plan. c. Husband's CJ Nolte Employee Benefit Plan. d. Wife's Josten's 401(k).4 e. Wife's Johnson and Johnson Savings Plan.s 14. Wife has retained Harry F. Leister, Jr., FSA, an actuary with Conrad M. Siegel, Inc" to value Husband's pension and retirement benefits. 15. On October 4, 2002, the master scheduled the equitable distribution hearing for #I\'A--"rY"" January 16, 2003 at 9:00 a,m. ..............., 16. Entry of a divorce decree, even with a reservation of economic claims, will extinguish certain rights which enure to Wife under federal law governing military retirement benefits. 3 Husband is a Lieutenant Colonel in the D.S, Army Reserve. 4 As of March 31,2002, this account had a balance of $2,874.24. SIn 2001, Wife cashed in this benefit, i.e., $8,949.19, to assist with the purchase of a home for herself and the parties' son, 3 m! -~- " , , . 17. Even assuming, arguendo, no prejudice to Wife, judicial economy will be served by dismissing, or alternatively continuing, the December 2 bifurcation hearing because the Master already has taken testimony in this case, and will hear the economic claims on January 16, 2003. Wherefore, Defendant respectfully requests the Court to dismiss Plaintiff's bifurcation petition. Alternatively, Defendant requests the Court to continue the bifurcation hearing pending the outcome of the January 16, 2003 equitable distribution hearing, Respectfully submitted, ~4::::1I~ Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff i I I /"""" ~" Date: November 11, 2002 4 liic , PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C-P. 440: Service by first-class mail addressed as follows: Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~dR- Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: November 12, 2002 ", ,~ ~ -, ~l- ~--~.~ ~~~ ~'.~''--''~lIiiBi),.:r~- ~~" ,'~-.- "-'~- , (') c S5B: -:"" ;~-- ~)-::- c: ~~~ -~ -< '~ '"'" ,,,,,,,,,', II 'f I I ! I !i I I C' h.;- () -,'j ""'" '-----:> ",.:.: -n ',-.:.:..; -<8 t~) , ~~~;q ."..-1 35 -< r<; CD :,,) '.. . .~ CARL RICHARD NOLTE, Plain tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 00 - 3382 CIVIL vs, SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE (Master's opening remarks and statement of issues placed on the record by both counse1.) THE MASTER: Today is Tuesday, October 1, 2002. This is the date set for a hearing to take testimony on an alleged loan from the parties' son to both parties, the issue of marital misconduct as that factor may affect wife's alimony claim, and the marital or non-marital status of personality from wife's family. Counsel have indicated that the only issue remaining is the alleged loan from the son; husband is withdrawing the marital misconduct claim and the parties have settled the tangible personal property issues, Counsel further indicated that they will not be using any values for the tangible personal property in the equitable distribution computation, Present in the hearing room are the Plaintiff, Carl Richard Nolte, and his counsel Jacqueline M. Verney, and the Defendant, Sarah E. Heitzman- Nolte, and her counsel Theresa Barrett Male. This action was commenced by the filing of a divorce complaint on June 2, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel are directed to file affidavits of consent and waivers of notice of intention to request entry of divorce decree within ten (10) days of today's date. Counsel have also advised the Master that husband has petitioned the Court to bifurcate the divorce proceedings and that hearing will be held 1 . -'. 'I - ".,,;-'- y December 2,2002, in front of Judge Oler. Counsel have also indicated that they are currently in the process of completing the valuations of the pensions. We are going to take the testimony of the parties and witnesses on the loan issue and I am going to ask each attorney to state the issue with respect to the loan on the record and then we will begin the testimony with the Plaintiff. Ms. Verney. MS. VERNEY: The Plaintiff's position as indicated in our inventory and pretrial statement was that there was a $10,000.00 loan from the parties' son that was used for marital expenses. In preparing for today's hearing, we will present evidence that shows that $8,650.00 was withdrawn from a joint marital account that had been designated the son's account. We will also present evidence that that account now holds $154,00 in it that is a result of the decline in the stock market. THE MASTER: Is there any evidence to indicate the nature of the transaction other than the oral testimony of the witnesses? MS. VERNEY: Yes, The withdrawal of the $8,650.00. THE MASTER: All right. You may state your issue, I assume you are saying this was withdrawn but it was used for marital purposes. MS. MALE: We have several issues regarding this, THE MASTER: Excuse me. You are saying it was not used for marital purposes. MS. MALE: Our position is that husband unilaterally took money that was bequeathed to the son, used it for expenses. He did it without wife's consent; he did it without wife's knowledge. There was no loan as such. THE MASTER: Do we know what this money was spent for? 2 - .., --~ ' , 'c_~ " . !,,~ ,., ",-," .'0 MS. VERNEY: Yes. We will present evidence to that effect. THE MASTER: But you are saying it was done without the knowledge of the son or the wife? MS. MALE: That's correct. Yes. And, in fact, was not deposited in an account set up to protect the son's interest in this $10,000.00, It was not safe guarded for him as it should have been. (A discussion was held off the record.) MEMORANDUM OPINION The parties and counsel appeared for a hearing on October 1, 2002, to offer testimony on the handling and use of an inheritance received by the parties' son, Andrew, in November of 1996. Pursuant to a bequest in a will of a relative of husband's who died in June of 1996, Andrew received the sum of $10,000.00. This money was placed in an aggressive growth fund in the names of both husband and wife. The initial investment was $10,000,00, Andrew would have been 12 years of age at the time and the money was entrusted to the parents for the son's benefit. In 1997 withdrawals were made from the account by husband in the total amount of $7,800.00. In 1999 an additional $850,00 was withdrawn from the account by husband so that the total withdrawals amounted to $8,650.00. Currently the account has around $154.00 as a balance. The monies were used by the parents of Andrew to pay taxes, credit card debt and household expenses. 3 " _, ~: L --_,j..~ - - ,',,-C- ~ .' _~_ I Prior to the separation of the parties, husband deposited $200.00 into an education savings account for Andrew and post-separation he deposited $1,000.00 into the same account. The total of $1,200.00 was an effort on husband's part to repay the monies taken from the account in 1997 and 1999. The account currently has around $848.00 as a balance, the amount having been decreased because of market conditions. Consequently, the monies remaining of the $10,000.00 are $154.00 in the original account and $848.00 in the education account. The pay back to the account by husband ceased following the year 2001 so that no deposits have been made for Andrew into the account in 2002. The Master finds that Andrew is entitled to be made whole and to be reimbursed for the monies that have been taken from his account. The question is where those funds are to be paid from considering the contradictory testimony of husband and wife. Husband claims that he advised wife upon each withdrawal. Wife claims that shefnew nothing about the account and had no idea that funds were being taken from the account and placed into their joint account for purposes of paying household and other expenses. Wife indicated that husband controlled the financial life of the parties and she simply assumed that the deposits were made from commissions and other earnings that husband received as a result of his insurance business. There is no question that husband is responsible for paying back funds to Andrew. However, the question remains as to whether or not wife also shares in the responsibility of seeing that Andrew is reimbursed. The Master believes that wife was totally oblivious to what was going on with the account or where the monies were coming from to pay 4 ;u_,. '-";.'C-_" 'c- -,_ _> ,_~,.,,_ _-~" ,,;..J-- - "iilk(j '" household expenses in 1997 and subsequently the taxes in 1999. However, the Master does not believe that wife can simply throw up her hands and walk away from this issue by simply claiming that she was totally uninformed and ignorant about what was going on with the account. The Master believes that wife had a duty as a parent to Andrew to know what was being done with the monies and to also have a responsibility to be aware of what was going on with the household and family expenses. Her lack of interest and involvement does not absolve her from responsibility. Further, the Master believes that wife should also be held accountable on the basis that she derived a substantial benefit from the use of the funds. That benefit was payment of marital debt and obligations that otherwise would have been paid from other sources. The use of Andrew's funds for the payment of these obligations, which benefited both husband wife, should be a shared responsibility to Andrew. The parties, therefore, jointly, owe Andrew $10,000.00 less $154.00 remaining in the aggressive growth account less $848.00 in the education account. With respect to husband's obligation, he should be given credit for the payment of $848.00.1 The interest that Andrew should receive on the balance due him should be at the legal rate of 6% per annum. l The Master does recognize that husband paid back $1,200.00; however, those funds decreased in value as a result of market conditions. However, had husband not withdrawn any funds from the accoWlt, we would not have any issue regarding market conditions with regard to the paid back money, 5 j" - ,~'" ~-~., .7.--' ~_~,""_~..,_,,~" _~-_',&'-","-, "< , The Master intends that upon a final recommendation in these proceedings, that the funds that are due Andrew plus interest from each parent shall be deducted from each of the parties' share of the assets subject to equitable distribution. Copies to: Jacqueline M. Verney, Attorney for Plaintiff Carl Richard Nolte, Plaintiff Theresa Barrett Male, Attorney for Defendant Sarah E. Heitzman-Nolte, Defendant 6 .. ._~" J .~ - --,u_l .::. -:::::..::~ Conrad M. SiegeL F.s.A.1 Harry M. Leister, Jr., F.S.A, Clyde E. Gingricb, F.S.A, Earl L. Mummert, M.A.A.A. Robert J. Dolan, A.S.A. David F. Stirling. ASA I Robert]. Mrazik, F.SA 1 David H. Killick. F.S.A. i Jeffrey S. Myers, F.S.A. Thomas L. Zimmerman, F.S.A. Glenn A. Hafer, F.S.A , - i Conrad M. Siegel, Inc. Actuaries/Benefit Consultants 501 Corporate Circle. P.Q, Box 5900. Harrisburg, PA 17110-0900 PHONE (717) 652-5633 . FAX (717) 540-9106. www.cmsbeilefits.com m~@~G~~~1 IW FEB 07 2003 ~ February 6, 2003 By_ Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 He: Nolte v. Heitzman-Nolte Dear Ms, Male: , KevlnAE<b.F.SA i I was provided with the following information concerning Carl Richard Nolte: Frank S. Rhodes. F.S.A.. AC,A.S. Holly A. Ross, F.S.A. Charles B. Friedlander, F.S.A. I JOhnW.JeffreY,F,S.A.j Denise M. Polin, F.S.A I I Thomas w.' Reese, AS.A. I Janel M. Leymeister, eBBS I Mark A. Bonsall, F.S.A. Jonathan D. Cramer, A8.A. . John D. Vargo, A.S.A. David H. Stimpson, E.A. . Robert M. GIns, AS.A. 1. Date of birth - November 9, 1956. 2. Date married - September 6, 1980. 3. Date separated - April 1, 2000. 4. Data with respect to his status under the Military RetirementSystem as follows: a. Year-by-year listing of retirement points for the period from June 2, 1979, to April 18, 2002. , , I I I I I ! I , [ I ! I I I I ; ! b. Total retirement points earned from June 2, 1979, to April 18, 2002 - 4,905. c. Estimated monthly pension to commence at age 60 under Option A (no election of survivor benefits) - $2,530.98. d. Estimated monthly pension to start at age 60 under Option B (deferred annuity starting to the surviving spouse on the anniversary of the member's 60th birthday if the member dies before age 60 or if the member dies after age 60, the annuity starts on the day after the date of death)- $2,290.54, . e. Estimated monthly pension to start at age 60 under Option C (benefits commence to surviving spouse 'upon the date of the member's death)- $2,256.37. f. A severance payment of $30,000 was paid to Mr. Nolte in 1990. g. Mr. Nolte was on active duty from June 2, 1979, until early 1990. h. Mr, Nolte has 19 qualifying years of service as of April 18, 2002. "'~~.. " . ~,~ Conrad M. Siegel, rne. Theresa Barrett Male, Esquire February 6, 2003 Page 2 5. Data with respect to his status under the Lutheran Brotherhood as follows: a. Date hired - January 10, 1990. b. Date employment terminated - February 21, 1998. c. Account balance under the Field Retirement Plan as of January 29, 2003 - $14,661. . d. Account balance as of January 29, 2003, under the Field Deferred Compensation Plan - $32,424. e.. Account balance as of January 29, 2003, under the Voluntary Deferred Compensation Plan - $11,401. 6. Data with respect to his status under the C.J, Nolte Co. Employee Benefit Plan as follows: a. Fidelity Advisor Equity Growth Fund $1,024 b. Fidelity Advisor Growth Opportunities Fund 1,563 . c. Fidelity Advisor Equity Income Fund 728 d. Money Market Fund 208 e. Total Account as of February 27,2000 $3.523 f. An indication that the total account balance as of the current date is invested in a similar manner as that as of February 27,2000. Currently, Carl Richard Nolte is 46 years of age (age nearest birthday). Militarv Retirement Svstem The Military Retirement System is a defined benefit pension plan. The figure that is marital property for divorce purposes is the present value of the benefits earned during the marriage. The estimated monthly pension to start at age .60 depends upon the option elected with respect to the provision of survivor benefits. The estimated monthly pension is $2,530.98 with Option A (no provision of survivor benefits), $2,290.54 with Option B (survivor benefits deferred until the 60th birthday Of the member ,if death occurs before age 60 or if death occurs after age 60, the survivor benefits start on the date of death), and $2,256.37 with Option C (survivor benefits commencing upon the date of death of the member), The last two pension figures are based upon providing the maximum survivor benefits, i.e., 55% of full retired pay until the surviving -~ ~""-, . .. t~ Conrad M. Siegel, Inc. T~eresa Barrett Male, Esquire February 6, 2003 Page 3 spouse reaches age 62 and 35% of the full retired pay after the date the surviving spouse attains age 62. As previously indicated, Mr. Nolte received a severance payment of $30,000 in 1990. Upon retirement, his monthly pension will be reduced. The reduction from his pension each month is an amount based on the service for which his severance pay was received until the total amount deducted equals the amount of the severance pay. The monthly pensions previously quoted are based upon 4,905 total retirement points. It is necessary to multiply the present value of the net pensi()n (after adjustment for the $30,000 severance payment) by a "coverture fraction" in order to determine the present value of the pension earned during the marriage. The numerator ofthe "coverture fraction" is 4,147 (the estimated retirement points earned during the marriage) and the denominator is 4,905 (the total retirement points earned from June 2, 1979, until April 18, 2002. Thus, the "coverture fraction" is .85 (4,147 divided by 4,905). The following table shows the estimated monthly pension, the deduction from the monthly . pension for the $30,000 severance payment and the duration of such deduction, the net monthly pension, the present value of the net pension, the "coverture fraction" and the present value of the net pension earned during the marriage for Options A, Band C with respect to the provision of survivor benefits: Option A Option B Option C Estimated Monthly Pension $2,530.98 $2,290.54 $2,256.37 Less Deduction For $30,000 Severance Payment of. $2,050.07 $1,855,31 $1,827.64 For 14.63 Months 16.17 Months 16.41 Months $480.91 for 14.63 $435.23 for 16.17 $428.73 for 16.41 Months, Then $2,530.98 Months, Then $2,290.54 Months, Then $2,256.37 $203,601 $183,027 $180,110 .85 .85 .85 $173,061 $155,573 $153,094 Net Monthly Pension Present Value of Net Pension Coverture Fraction Present Value Net Pension Earned During Marriage Currently, Mr. Nolte has 19 qualifYing years of service. It would appear that he will have 20 years of qualifYing service as of April 2002. On or about that date he will be provided ~," . ~ 1~ Conrad M. Siegel, Inc. Theresa Barrett Male, Esquire February 6, 2003 Page 4 information with respect to the three options that he might elect concerning survivor benefits. Under Option A no survivor benefits would be provided. Under Option B the survivor benefits would be deferred to the member's 60th birthday if he died before his 60th birthday or such benefits would commence onthe date of death if he died after his 60"'birthday. Under Option C the survivor benefits would commence on the date of death of the member. There is a value of the survivor benefits in the event Option B or Option C were elected. I calculated this present value assuming such benefits would be provided to Sarah Heitzman- Nolte, who was born on June 17, 1959, The present value of the survivor benefits are as follows: Option A Ontion B Ontion C Present Value Survivor Benefits $0 $50,694 $55,267 The calculations are based upon providing the maximum survivor benefits, i.e., 55% of the full retired pay until the surviving spouse reaches age 62 and 35% of the full retired pay after the .. date the surviving spouse attains age ,62. Surviving spouse benefits are not payable if the surviving spouse remarries before age 55. The present value calculations have been based upon the assumptions promulgated by the Pension Benefit Guaranty Corporation for annuity valuations except that I did not increase the interest rate after 20 years. The interest rate is 5.1% per year and the mortality is in accordance with the 1983 Group Annuity Mortality Table for males with this table rated six years for females. The calculation of the present value of the survivor benefits has been made in accordance with the Palladino case. In my opinion, these assumptions are appropriate for the purpose of determining the present values. Lutheran Brotherhood Benefits As previously indicated, Mr. Nolte has certain paid-up benefits under three different plans. Each oftheseplans is a defined contribution pension plan. Since all of the service occurred during the marriage and since the date of termination of employment occurred before the date of separation, the current account balance under each ofthe plans is marital property. The following table shows the account balance as of January 29, 2003, under the three different plans: - <, - .~ -".- . ~ Conrad M. Siegel, Inc. Theresa Barrett Male, Esquire . F@bruary 6, 2003 Page 5 Current Account. Balance Field Retirement Plan Field Deferred Compensation Plan Voluntary Deferred Compensation Plan $14,661 32,424 11.401 Total $58.486 It should be noted that the Field Deferred Compensation Plan and the Voluntary Deferred Compensation Plan are non-qualified plans. The Field Retirement Plan is a qualified plan. C.J. Nolte Co. Emplovee Benefit Plan This plan is also a defined contribution plan. The figure that is maritalpropertyis the account balance on the date 'of separation accumulated with investment results only. The data previously indicated shows an account balance as of February 27, 2000, of $3,523. This date is relatively close to the date of separation of April 1, 2000, I obtained the invel!tment results for the years 2000, 2001 and 2002. Making an adjustment for the first two months of the year 2000, Ihave estimated that the total investment return on the February 27,2000, account balance from that date until December 31,2002, was (-)38.32%. This means that the account balance as of February 27, 2000, a date relatively close to the date of separation, of $3,523 would have declined by 38.32% or to afigure of $2,173 as of December 31, 2002. Summary The following is a summary of the values previously indicated for Carl Richard Nolte and for Sarah HeitzmancNolte: CARL RICHARD NOLTE Present Value Net Pension Earned During Marriage under Military Retirement System $173,061 (Option A) $155,573 (Option B) $153,094 (Option C) Estimated Account Balance as of January 29,2003, under Lutheran Brotherhood Plans 58,486 58,486 58,486 . . i~ Conrad M. Siegel, Inc. Theresa Barrett Male, Esquire February 6, 2003 Page 6 CARL RICHARD NOLTE Estimated Account Balance as of December 31, 2002, under C.J. Nolte 2.173. 2.173 2.173 Total $233,720 $216.232 $213 753 SARAH HEITZMAN-NOLTE Option A Option B Option C Present Value Survivor Benefits $0 . $50,694 $55,267 . If you have any questions, please call. With best regards, Yours sincerely, !. fVt,~)V' Harry . Leister, Jr., ~ Consu ing Actuary HML:kad ---" " , '" ,. - COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. 00-3382 Civil Term SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION- DIVORCE DISTRIBUTION ORDER AND NOW, February , 2003, the Court having referred this cause of action to a Special Master for recommendation, and proof of service of the Master's Report having been submitted, and neither party having filed exceptions, IT IS HEREBY ORDERED AND DECREED THAT: 1, The Report and Recommendations of the Special Master are hereby approved. 2. Wife shall retain as her sole, separate and exclusive property the following marital assets: a. The Orrstown Bank, Escrow Account # 708700379), valued at $1,655.16. b. Wife's Josten's 40l(k) account, valued at $2,498,00, c, Wife's Johnson & Johnson 40l(k) account, valued at $8,949,00. d, Lutheran Brotherhood Life Insurance policy # 2682306. e. Tangible personal property in Wife's possession. -~, ,.. '.', - "j II' - 3. Husband shall retain as his sole, separate and exclusive property the following marital assets: a. The marital portion of his C.J, Nolte Employee Benefit Plan, # 641-20838-15-146, valued at $2,173.00, b. Lutheran Brotherhood Field Deferred Comp Plan, valued at $32,424.00. c, Lutheran Brotherhood Field Retirement Plan, valued at $14,661.00, d, Lutheran Brotherhood Voluntary Deferred Comp Plan, valued at $11,401.00. e. Lutheran Brotherhood Mutual Funds accounts, ## 0007348992, 0007057732, and 0980291027, valued at $280.00, $49.00, and $250.00, respectively. Lutheran Brotherhood Life Insurance Policy # 3282514. Lutheran Brotherhood Life Insurance Policy #3082544. Lutheran Brotherhood Life Insurance Policy # 2682307. AFBA Life Insurance Policies on Husband's and on Wife's life. Tangible personal property in Husband's possession. To equalize the distributions set forth in paragraphs 2 and 3, Husband shall pay to Wife cash in the amount of $24,068.00. The fIrst payment of $8,000.00 is due on August I, 2003. The second payment of $8,000,00 is due on the fIrst anniversary of the date on which the divorce decree is entered, The [mal payment of $8,068,00 is due on the second anniversary of f, g. h. L j. 4. 2 , the date on which the divorce decree is entered. These payments are subject to interest at the rate of six percent (6 %) per year, which shall be waived if Husband timely makes the payments, 5. Wife is awarded fifty-five percent (55%) of the marital portion of Husband's military retirement pay, subject to a survivor benefit in favor of Wife. Husband shall elect Option C and shall provide Wife with written confirmation that he has done so within seven (7) business days of making the election. The parties shall retain Harry M. Leister, Jr., FSA, to prepare the domestic relations order necessary to implement this award. Within ten (10) days of the actuary's request for payment, Husband shall pay seventy-five percent (75%) and Wife shall pay twenty-five percent (25%) of Mr, Leister's fees. 6, If Husband applies for and receives disability retirement pay, he shall pay directly to Wife the same amount per month, net of federal, state and local income taxes, to which she would have been entitled under the terms of paragraph 5, 7. Wife is awarded counsel fees in the amount of $5,000,00, and expenses in the amount of $750.00. Husband shall pay these sums to Wife, less Wife's portion of the payment to Andrew James Nolte as set forth in paragraph 11, within thirty (30) days of the date of this order. 8. Husband shall pay to Wife as alimony the sum of $1,500,00 per month, or $346.15 per week, effective the date of decree in divorce. These payments shall be payable and enforceable through the Cumberland County Domestic Relations Office. This award shall be subject to the provisions of section 3701 of the Divorce Code governing modification and termination of alimony awards. 9. Husband shall designate and maintain Wife as irrevocable beneficiary of the following life insurance policies: Lutheran Brotherhood Life Insurance Policy # 2614130, and 3 ~ t, ..... SGU policy in effect when the parties separated. Husband shall pay timely the premiums and shall satisfy in full the loan on the Lutheran Brotherhood policy, 10. Within fourteen (14) days of the date of this Order, Husband shall transfer to the parties' son, Andrew James Nolte, all funds accounts which he is holding for and on behalf of Andrew James, including the $154.00 balance in the aggressive growth fund and the $848,00 in the education fund, as identified by Husband during his testimony at the master's hearing on October 1, 2002. 11. Within thirty (30) days of the date of this Order, Husband shall pay Andrew James Nolte the sum of $11,359.77, the principal plus interest which the parties owe to their son. See Master's Memorandum Opinion of October I, 2002. Husband's portion of this payment is seventy-five percent (75%), i.e., $8,519.83. Wife's portion of this payment is twenty-five percent (25%), i.e., $2,839,94, Husband shall receive a credit against Wife's counsel fee award in this amount. 12. The Court retains jurisdiction over this order pending submission of the domestic relations order distributing Wife's equitable distribution portion of Husband's military retirement benefit. BY THE COURT: Judge Certified ,2003 Prothonotary 4 ~- " - " Monies Owed to Andrew James Nolte Per Master's Decision Principal Balance remaining $10,000,00 < 154.00> $ 9,846,00 < 848,00> $8,998,00 Education account Portion to be repaid Interest Calculation on $8,998.00 @ 6% per annum from 01/01/99 to 12/31/02 1999 $ 9,537,86 2000 $10,110.15 2001 $10,716.76 2002 $11,359.77 Nolte v. Nolte - Marital Assets [Excluding Military Retirement] Lutheran Brotherhood Field Deferred Comp Plan 32,424 Lutheran Brotherhood Field Retirement Plan 14,661 Lutheran Brotherhood Voluntary Deferred Comp Plan 11 ,401 CJ Nolte Employee Benefit Plan [641-20838-15 146] 2,173 Johnson & Johnson 401(k) 8,949 Josten's 401(k) 2,498 1,655 Orrstown Bank Escrow Account (# 708700379) Lutheran Brotherhood Mutual Funds # 0007348992 280 Lutheran Brotherhood Mutual Funds # 0007057732 49 Lutheran Brotherhood Mutual Funds # 0980291027 250 Total . 74,340 Distribution to Wife Johnson & Johnson 401(k) Josten's 401(k) Orrstown Bank Escrow Account (# 708700379) 8,949 2,498 1,655 Wife's Total 13,102 Distribution to Husband Lutheran Brotherhood Field Deferred Comp Plan Lutheran Brotherhood Field Retirement Plan Lutheran Brotherhood Voluntary Deferred Comp Plan CJ Nolte Employee Benefit Plan [641-20838-15 146] Lutheran Brotherhood Mutual Funds # 0007348992 Lutheran Brotherhood Mutual Funds # 0007057732 Lutheran Brotherhood Mutual Funds # 0980291027 32,424 14,661 11 ,40 I 2,173 280 49 250 Husband's Total 61,238 Shortfall to Wife [assuming 50% distribution] 24,068 , , . , ~ IID/O~~ Theresa Barrell Male Supreme Court # 46439 513 North Second Slleet Harrisburg. PA 17101 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO. 2000-3382 SARAH E, HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE DEFENDANT'S PRETRIAL STATEMENT Date of Marriage: Number Marriage: 09/06/80 Wife: 1 Place of Marriage: Geneseo, NY Husband: 1 Separation Date: 04/01100 Wife Husband Age: Birthplace: SS #: Nee: Education: 42 [dob: 06/17/59] Meadville, PA 45 (dob: 11/09/56] Glen Cove, NY Heitzman BA Criminal Justice (08/80) University of Delaware BSBA (06/79) University of Delaware Health: Address: Good 622 W, Louther St Carlisle, P A C.J. Nolte, Inc. $55,000 J\rn1y Reserves $18,000 Good Employment: Manpower Income: $940.00 bi-weekly -~-" , Children Andrew James ("AJ") (dob: 08/08/84) Senior at Carlisle High School - Plans on attending college at Messiah - AJ is blind Related Cases Heitzman-Nolte v. Nolte (# 01052 S 2000; PACSES # 978102896) Order entered effective May 1, 2001 - de novo hearing currently pending before the support master. 1 Marital Assets Wife had informed the master that certain assets had not been valued and that others needed to have their values updated. See attached Exhibit 1. Prior to receiving Husband's pretrial statement on April 9, Wife had identified the assets as follows: Pension/Retirement 1. 6, Lutheran Brotherhood Field Deferred Comp Plan 05/01/00 Lutheran Brotherhood Field Retirement Plan 05/01/00 Lutheran Brotherhood Voluntary Comp Plan 06/30/00 CJ Nolte Employee Benefit Plan [641-20838-15 146] OS/28/00 Johnson & Johnson Savings Plan Acc't 03/31/01 Josteen's 401(k) 8,182 27,238 2. PV? 3. 9,042 4. 4,031 5. Bank Accounts 7. Orrstown Bank Escrow Acc't (# 708700379) 12/31/01 Joint Checking Acc't 1,640 8. 2,000 1 On March 27, 2002, Wife sent Husband her financial information and her guideline calculation in the hope of resolving this matter. As of April 8, 2002, Husband has not responded. 2 , -~';'."..': 9. Lutheran Brotherhood Acc't (# 000348992) 10. Lutheran Brotherhood Acc't (# 098029102) II. Lutheran Brotherhood Acc't (# 0007057732) 12. Lutheran Brotherhood Mutual Funds # 0007348992 JT 05/04/00 13. Lutheran Brotherhood Mutual Funds # 0980291027 JT 05/05/00 14. Lutheran Brotherhood Mutual Funds # 0007057732 JT 05/04/00 Annuities Life Insurance Policies 15. Lutheran Brotherhood # 3282514 08/01/99 16. Lutheran Brotherhood # 3082544 08/12/99 17, Lutheran Brotherhood # 2614130 08/07/99 18. Lutheran Brotherhood # 2682306 05/03/00 19. Lutheran Brotherhood # 2682307 08/ ll/99 20. SGU 21. AFBA 22, AFBA 23, AFBA U.S. Treasury Bonds 24. W's name 25. Miscellaneous Personalty unknown unknown unknown 280 250 49 Ins: H DB: 100,000 Ins: 2 lives DB: 94,505 Ins: H DB: 105,564 Ins: W DB: 88,022 Ins: Andrew James DB: 10,813 Ins: H DB: 200,000 Ins: H DB: 60,000 Ins: W DB: 13,750 Ins: AJ DB: 2,500 o o 181 786 340 o o o o 700 By letter dated March 28, 2002, Wife renewed her request that Husband supplement the financial information he has supplied her prior counsel. Husband did not provide this information in advance of the April 8, 2002 pretrial statement filing date. On April 9, 2002, Wife received Husband's pretrial statement, which contains some of the information Wife 3 " , _ ", 'J';"'=~~~'" ;.' C,' , requested. Wife expressly incorporates by reference the updated property values set out in Husband's pretrial statement, subject to confirmation in advance of trial. Marital Liabilities will supplement' Property Transferred former marital residence was sold and the proceeds escrowed - Orrstown Bank Acc't Non-Marital Assets Lutheran Brotherhood Mutual Funds # 0007486498 Education IRA 08/19/99 191 u.s. Savings Bonds for AI Nolte Personalty given to Wife by her family Witnesses for Trial Expert: Fact: Reserved Wife Wife reserves the right to call additional witnesses to testify regarding the value and the transferability of Husband's retirement benefits. Exhibits Wife incorporates by reference the statements attached to Husband's pretrial statement, subject to securing updated statements as she has requested. Wife reserves the right to supplement this in advance of trial, with notice to Husband. Wife also reserves the right to introduce exhibits for impeachment and rebuttal. 2 Husband's pretrial statement claims the parties owe a personal loan to their son, AI, in the amount of $10,000. This apparently is in response to a written inquiry by counsel, on AI's behalf, regarding the $10,000 bequest which AI received in 1996. See attached Exhibit 2. 4 Proposed Resolution L Based on the section 3502 factors, Wife is entitled to 60% of the marital assets. 2. Application of the section 3701 factors results in an alimony award of $500.00 per month, provided Husband continues to support AJ, Absent ongoing child support, Wife's alimony requirement will increase substantially. 3. Wife is entitled to recover the legal fees and expenses she has incurred, Wife cannot provide a more specific proposal until Husband updates the values of the assets under his control. Additionally, if Wife receives any portion of Husband's military benefits, she will need the award secured and/or collateralized. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: April 9, 2002 5 - ~. . February 28, 2002 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Nolte v. Nolte (# 2000-3382 Civil Term) Dear Bob: Under separate cover, I forwarded to you a copy of my praecipe entering my appearance on behalf of Sarah Nolte, the defendant in the above-referenced action. As I also advised Tracy last week, Ms. Nolte's prior counsel, Carol Lindsay, previously filed a discovery certification, indicating that there were no outstanding discovery requests, but that the asset values needed to be updated. My review of her file confmns that the asset values must be updated. Additionally, however, some of the assets have not been valued at all, nor is there an asset schedule identifying the marital estate. Based on my discussions with Jackie Verney, I am confident that counsel can address this issue and proceed without the need for formal discovery. If you have any questions regarding this, please let us know. Sincerely, Theresa Barrett Male TBM/sca cc: Jacqueline M. Verney, Esquire Sarah E. Nolte Exhibit 1 >. April I, 2002 Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Re: Nolte v. Nolte Dear Jackie: I am forwarding this letter to you at Andrew James (AJ) Nolte's request. He informs me that he received a bequest in the amount of $10,000.00 several years ago from Emil Friesenhahn. According to AJ, your client claims that he used some portion of this bequest, and placed the balance in an "educational account" which did poorly because of the stocks in which he invested the monies. Assuming that AI did receive a bequest under Mr. Friesenhahn's will, I doubt that AI's father, or mother, were entitled to any portion of the bequest. Additionally, the funds should not have been deposited in any high risk investment vehicle. In order to ascertain AI's rights regarding this matter, I need the following: L A true and correct copy of Emil Friesenhahn's last will and testament. 2. A copy of the front and the back of the check disbursed from the estate to AI or his parent( s). 3. A history of the account into which the funds were invested, including the opening date, opening balance, and disbursements if any. 4. Current statement of the account. Please call me if you have any questions. Sincerely, Theresa Barrett Male TBM/sca cc: Sarah E. Nolte Andrew James Nolte Exhibit 2 .i.:i . PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: April 10, 2002 ." ,--.___0_.,1_ -,--, - -" ,.-~ l j:;, CARL RICHARD NOLTE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW v. SARAH E. HEITZMAN-NOLTE : NO. 00-3382 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Carl Richard Nolte Jacqueline M. Verney , Plaintiff , Counsel for Plaintiff Sarah E. Heitzman-Nolte Theresa Barrett Male , Defendant , 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 16th North Hanover Street, Carlisle, Pennsylvania, on the January 2003 at 9:00 day of a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, Date of Order and Notice: 10/4/02 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 LffiERTY AVENUE, CARLISLE, PA 17013 TELEPHONE (717) 249-3166 .-' '.--, ,";t_" ,. -"'_1 ',' - ' "4' - -"..j',,,~ ~'" LAW OFFICE OF JACQUEUNE M. VERNEY ATTORNEY AND COUNSELOR AT LAW Robert Elicker, ESquire Divorce Master 9- North Hanover Street Carlisle, P'A 170B April 8, 2002 R-e: Nolte v. Heintzman-Nolte Ntt. 00-33.82 Civil IN DIVORCE Dear Mr. ElICker: Ellcl~ please' Plah.li1T' s Pre-Trial Statement ami Inventory: Verytruly'yoors-, ~~.~ Janqneline M Verney,Esqnire JMVjmos Enclosures cc: TheresaJ3arrettMale,.Esquire,. wi enclosures 44 SOUTH HANOVER STREET, CARLISLE, PA 17013 (717) 243-9190 Fax (717) 243.3518 !Ioll'.l\.t ID-6- 'm ~ 0 0 ~,~ , r ~ ~- ~~~ ''"' .,. ~ n'~ , <> ~ % n", oom '0 N '" ,~ , <> ~ "''''(I'On~ n% O"~ ,~ , ''"' , .,. ~ >O~:.-" 00 ~O ,'"' ,~ , ,.,-,..,.,.... '" %n~ ... ~, , n '" '-"'''''-0 %~ ~m~ , 0 0 0 ~,~ , '" ~ ~ % C ~O '" '" 0 0 0 , . ~ ~ ~% ~% 0 m~x I> ow ~N O~ , , 0 '"' rom m Xm -~'" ,r , - ~ m~ xx "'- _ox ,> , - ~%o XX ..~a7 ,X , 0 "":....,..:- O~ ~m .n , 0 ~ >...._-lrn m", >~ "" .n , ,. ~ _-f"'~ "m x,. . -~ ~~ ~~ ~'o , ~ m ~mN ~ . NN NN ~- ".% , m Nr", ~ . ~~ ~~ ~~ >.- , ~ 0 00,. ~ o~x . 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'. !!"~--MACCOUN:t; ...... IrL '1ro~OOD a~~~!)!:i?:HV';t? "O~B '~'10 Z~:p~~N~~.<)1B,B, '$2 ~t731~6G5'a' 't1 ~.O~ , , '5k-/~T:::/L D~O F~~ 'lo .0000 2B': :15:1:1 gBO 2"l . ~ " CARL R NOLTE SARAH E HEITZMAN-NOLTE JT TEN 10" NORTHFIELD DR CARLISLE, PA 17013.1387 P.y.bl,'nrough: Slale Street Sank and Trust Company 60S10n, MaS3achusetts O~101 3534 ~ i 2//3 1917 f;~ I c;) ( <~-I LLn:L, J....-I PA I$/I'-/-%;' _Jf-, "+ q)~. O,;,L hA-0ndA.J2A) ::..!rHul- ". In ay;J ~ DOLLARS fh WlHElW<J 'OPTIMUM 7,xOUNT. . BROTHERJ-IOOD - An ~t Managemlllll ACccW'!( ~MONEY MARKET FUND - , P.O.~od1 '~"7'~M~34~.91qOoo/ -,- FOR <-),,2//<'- qJl7 ,:0 . .0000 2B': :I 5 3... PAY TO THE ORDER OF " --------.--- --~-._- ~--_.-.--___'u~_~_~_____ CARL R NOLTE' SARAH E HEITZMAN-NOLTE JT TEN '011 NORTHFIELD DR' . CARLlSLE,PA17013-1387. ' P,yabI8l1trough: StaleSlraot 8aok.und Trust Ccirnpany~-' Boslon, Massachusatls02101.t;, ..- .....'" 3'535.... " Z//3 I : ~ ,~.,; 19L..::f=' ':.t-5M2 - T1'iJ'" ~ i ff/8t/A hn.nrL", rI :S~-Ij .jfH.U /J~J I'lL ~~~IOOD' ..' OPTIMUM ACCOUNT. ~<IlMQ{\,'fY MARKEr fUM) All ASsor M/lI1a~m!.lnf ~COUI1t .". . :::':';;~7":;:';Z Cf'+ro 84'?4 ~~i. jlg;~iM1-1~b- 1:0. .0000 281: :I 53.5 '180 2"1 .0 2 ? bll'O 1, 5 ,,'000001, b 1,0 b,l' PAY TO THE ORDER OF h>-U-i I $4t. Lj .E3- 01. ~ DOLLARS " :i:iC~~~1~i~.. o ~ -OY f{ i-K 'i "- BE SURE TO DEDUCT ANY PER ITEM CHARGES, SERVICE CHARGES OR FEES THAT MAY APPLY IN "OTHER" COLUMN. - - - (-J 1" IlAlANCE DATE CHECK ,; AMOUNT OF (+OR.) fORWARO NUM!:IER C1"RANSA9TlON DESCRIPTION T PAYMENT OR OTHER AMOUNT OF DEBIT Cfll!OIT , TO: ~' '=0 pV '",,1 FOR: ' ' '1 )7 /9,' ..~ ~,1554S TO: 6' i4-n:1 c25 f2 1/ 2:5 t.:y rJ., r . FOR: 9// 55"" , ~I{q S'cJ, WOAl \s :B y/; k TO: 12- /~ ~9 r~ i FOR: E'n 07 Z. I TO, f.l-,.b~ )<6 ~ l/;. ---, /g 2C ~ . 1j'5"~' FOA, :.=r::. 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PI ZX ~ 5 CARL R NOLTE SARAH E HEITZMAN.NOLTE JT,TEN . 1011 NORTHFtELD DR ' CA.AUSLE, PA 17013-1387 Payabl. throug~'. , Slale S\ree\ BanK and Trust Co.mpany BO$ton, Massachusetts Q21 01 3547 r;~ .. $ --::::to~ .~ ~ i(z.7 19 '1:;- b~b~~~E .~ ')~o.-h Z. J~:han(Mfl.1011F~\ <".. ~ .:.... , ''''<'''~~ \ ....,,)JUA~-I1 '" UHl )"'0 \(~~' Iii>- WlHERAN OPTIMUM ACCOUN'E "......-/ .~~-rw~8ffifUNO AnAsreIMaflDfJIlfll"mAcc(lUn! 22 d r.o.sox 310. Mjnnea~;, MN 5,544Q:.9100 c. ~_. IJ n / _ FORn '= .r~l-, f. . ~ ~- v't~ 1:0. .0000 281: j 51., '/ "lBo 2 '1.02'/1:>11"01., 5 ,1'000000 ,/000." DOL-LARS I- ~ CARL R NOLTE :;- SARAH E HEITZMAN-NOLTE JT TEN 1011 NORTHFIELD DR CARLISLE, PA 17013-1387 3548 .<17 19_ 5.2 ' 110 ~ ~ z/Z:r , b~b~n~Ea /"",,-1 ..~ ,:::; ~'2 ?';O 21.10 040oo'=>"" 1-. -:..1.."1 " -r;:.. .,,.,1 V , .J;./.o439P;rii/a~O 2i i533 (I:. . WlHERAN. . OPTIMUM ACCOUNT.. BROTHERHOOD An A$Se1 Managem..nt AcclfWll ~lV.ONEY MARKEl fUND r,o; Box 31(1, Minneapolis, MN 55440.91aa 1622 DOLLARS i $.;JS e;:L. FOR 1:0. .0000 281: j 51.,8 I- CARL R NOLTE SARAH E HEITZMAN-NOLTE JT.TEN 1011 NORTHFIELD DR ' CARLISLE, PA 17019.1387' Payabl. Ibrough: State Streel Bank and Trust,Company Boslo,n, Ma.S$~chusells 921,01 ''{'. . -,' '2.,2..1: '5.2' '-rrD: 3549 199:1 I..{'I: ' I $ I 2....:-- ~ ~ b~';,~~ ~E 5; ,h W(Vl1 :; . ~Ah/::.a.- ~ d. 5f;: "'L lMil'J,"illiIooD ' ....OPTlM. UM.. ACSOVNT. . .' JIiii;J"I\40NEYMARKETFUNO f\I!~~lI\en:P<<fJ " ~,. ::~""OMj",""Oj"~:""o."'" " lr. \ . )6.A eJ, ,:0. .0000 281: j 5.. '1 '180 2 '1.0 2TI:>"" 0 I., 5 --.. DOL.lARS . pI ix (, ,i,~"",,, ~ ~ .. boo ~_~ ,_~_'"~. ."""_~._'~_~' "_,,,~"""'.Lb .... .~~_ . ~, , ~ -'-f~' " .........w.- "......~~ "'"bail ."~.~. --~ ._-- 'HifJS.~__r CARL R NOLTE ,SARAH E HEITZMAN-NOLTE JTTEN 1011 NORTHFIELDDR ". . ' CARLISLE, P/l, 17013.1387 Payablalhrough: State Street BanK and Trust Company,. ,- Boston, Mas:sachusetts 02101 .3550 . "'iFi,, . . ""9en- ~~~~n~E ~ .k:?<-~~ W;C;z.. c ;8o/u~~ '62(Ri3~31021. t~90 15.~U . uJJHEIlAN " , ".. OPTIMUM ACCOUNT. . BROTHE.RHOOO.'. .".'''''._. .".',~_. . ''''...COllfll .MONEYMARKI'T'RJND ' .. .' ..,', 6" P'Q'..'.."'.'.'.0~M. jnneaPQli.~'MN.;..5+ro-9186.' .:""":-' ::. '.' '. .' ....~. ,-.-.,.~~ /un' ,.'--.' 1~' '.. .-'" .... ., ...'..,-.-,..".... ""."~ -'1-' .." "" ',' -, """~""- " "I_"'~- \ -...........,,~,......c.. .... _.....QJl~" # -" ':, " ,"',''': ",:> ',- ""........._.....'~_.- , p..,4/J- FQR' ", ' . .. ":01.100000281::1550 "l80 2''l100 2 'i'bll"OI, 5 ,"000000108 2b'" , 5-2 110 Z"" /15 ;;;;;;. I $ DOLLARS I- ,~_ CARL RNOLTE SARAH E HEITZMAN-NOLTE JT TEN 1011 NORTHFIELD DR . CARLISLE, PA .17013.13SQOQ71 049 P,yabJa (hrough: _ State Street.Bank and Tr4st Compa.ny Boston, Massachusetts 02101 - 3551 02 8Q;:ij9.~f!83 19_97 5.2 .. 110 PAY TO THE ORDER OF b1IlLK,;Ar:T II io;l-" .. "'\ \J"'YS LOW' Pf<ICES I .*~***27,. 9~ . $. . . ..., c ~ .... . ~ . , '. , nlEN.l' .::;~VE1)M'~4t.(t~eB2,s-:i i o.zi --1,-5 ;;,;- -~';~-; -- -..- - -~O~~RS ....WlHEIlAN,',,;,..:om. ..M.UM..ACCOU.NT. '. ,. ,. ;;,BROTl1ERHOOD., , ...~~t.1jm~f!1;.cCllunl H' , . " eI\1ON~,MARKETfUNp "":' , ""-";..- .. ,,'''', - , /" . Pp.,P,QX 310..Mjfl!leapoll~..M~.s544Q"'.l16j,1 FOR '.. .. . ':010100000281: :155 1o"l80 2 ''l100 t:.- I:: ".,. C" ,CARL R NOLTE "SARAHE HEITZMAN-NOLTE JTTEN .1011 NORTHFIELD DR ., C;ARLISLE, f'A 17013'l~87 Payabl8lhrough: Stale Street BanK and Trust Company Boston. Massachusetts02101 3552 '2.b '~~~~~6~E:tf]~\/ tu$M J:oA. '. I ."~.. ..Iti:!:.AA-.A. ~{ 1\/4A?d I"L =~~OD ... ...........'.~.f.ri1!!!M. ,. ,~gUNT.. .."~ ....MONEYMARKETRJND"~ "',,"" . , . . :::""lO;qE~"~l"'. . ,.. .~ ..~[.~+w,~,4R-b- ':010100000281::1 5 5 2"l80 2''l100 2?blJ"01, 5 ,"00000 'i' 5000," , 5.2 11iJ DOLLARS C l x3 ! d ...eO" "GI , '-c.;: ;i:ti:'~gJ:J~d . ... . :;\-::.f -, - '-$ '~':..'- . ------;$ ~\-.; ," ~ ~ ..~ 6\~ .. ~<'>\!: '-X=-^,..!: " ',< . ()_ 0 .'b " ~ r " '" V\ . " . .:~ :. '0' ~ "" ~ .~ "":.~ ~ , :'..~ ~\1 '" .~ ~~ ~ .'~ <K \\I 0; f ~ ~ .J:\ .- ~~ ~ r.:o .~ '" '''' .~ ~^ ~ d ~ . '9 ?! .~ P ~ 9 ?! - ~l rJ ~ 9 ~ ... ~, ?! ?! 0 0 2J ~. 0' 2J. 0' g " 0 2J 2J fJ ?? " " '" " 'fl, ?:J- "'. " " ~ .. .~ " ~..~ t> .~ ~ ~ ~ f\ j 2' ~ c '" " " :. '" " .. ~ m ~ ill i~ Z;, ~ .. '<;'< ~..~. (~ ~ ..~L z i. .~ :'-\ ~ ~ '\ ., 7$ ;'\~ , - g -- ~,~ ~ ."1:> -,-~ .... 9 5 ~ ~ .(Y' .~ . :3 .~ .~ z '" '..... : .~. ~- <) { - ....~ 0 ~ ...: ..:;. ~ '() '.~ I' m v, ,'r '3; ~ .. " ! .~ g ~ ~ '1\ .""1 ~ ::> : :~ '" g z : 11 } ;. 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Ita--..... ~ J "" " ",.'-\ ~ N ~\1 Q '..)\l '-J ,<') " 'W Q .~.":tJ ~i:l:1.~ . t\) \1', w \-' '\' '-!).'O ~ --_.~~~ ~ ... . ~- . , .." .--~. ,. -- CARL R NOLTE SARAH E HEITZMAN-NOL,EJT TEN 1011 NORTHFIELD DR CARLISLE; PA 17013-1387 050570529 , Payable throug~ SIU10 Street Bank and Trust Company - BoS1Cln,Milssachusells02.101, 0'2 21.95 F~!ibS 19?:2 3622 5.2 . 110 ~ ~ h/~;b s .., ..--- i i i;;lQ211, 9fi3:8 3 ~ n /?jt"/I r//Lh h/ '.- 1:==..0 PAY TO THE ORDER OF $ 2,,/,2 <;;" .2.$ DOLLARS .--:>-.:.. tel:; n....li;FoJ,'1'lii',ooo . OPTIMUM ACCOUNT. Ia.'"MONfYMARKETFUNO An AsoofManijgemenlAeeaUrlt. " :::" "',M,,,",",,,Ii',MN 5"","" ' ~~ 1:0 L WOOO 281: j b 2 2 "l80 2"l La 2 'I bll"O'" 5 ",OOO(]OO 2 "l 2 5," c Payable Ibrougb: Stalf.' Street Bank and TrUSI Compilny Boston. Massachusel1sO<!'lQl ~ ~ CARL R NOLTE SARAH E HEITZMAN-NOLTE JT TEN 1011 NORTHFIELD DR CARLI5LE.,PA 17013.1387 . ,J (!::J-? COCJ . '" ' ")j4.'tO-'4t"'..,G'? 6~1~~ b~E ,^Wcl1t:t "viJ;1/;t;;. 5 -Q-f~ a",llJ1:'l~"'r,n~c{ IrL.BWlHROlHERANERHOOD'. ' OPTIMUM ACCOUNT. .' . . '. . . ~MONE'r'MARKETfUND AnA$SOtMMageroonlAccoum -, _ ' . p,o, '0"10, M'"~"""~', MNS"".'''', . ,'2, / ,< II ,( , ( /' I FOR <<C(-/ -o(,;r;:?V-/,;<:r '14>( ~r,bf,. ~tuv>CVYl.f\lO -re.'. 1:0 Uoooo 28': j b 2 L, "l8d' 2"l loo 2? bll"O L, 5 '. ."000000.500," 3624 .'. 3ft{ '22.1.5 2'2:1>5 19q=1 5-2 110 DO . ...=----' I $ !f) 1t-\! I 1 .......:-4Li. DOLLARS c CARL R NOLTE SARAH E HEITZMAN.NOLTE JT TEN 1011 NORTHFIELD DR CARLISLE, PA 17013.1387 Pay'hl.lbrough: Stale SlreelBank and Trust Company Boston. Massachusens02101 Y'//f/'9P? ~ ~ PAY TO THE /""-1- ORDER OF C/- r"t n' . ~<""'-"7~~",,~~~2,Z3lro ?,;2n~ j F,4 :,.rsJl"OOLLARS. I"L. ='1'lii',OOD OPTIMUM ACCOUNT. l::JiIl'MONEYMARKETFUND An~~anaSumen/AcCOl.i(l{, P:O. Box 310. Minne;"polis, MN 55440.916a '. ~ ~ FOR ~~___:.. - 1:0. .0000 281: j b 25 "l8o 2 'lloO 2'1 bll"O L, 5 ,,'0000002 L, 28." . lu$ 2~2e c <<:':~~T~ff$ .. (0 -I ~o'JV PI 2,)<8 >.- ",,"~"'!""".~ . .~ -: ::--~. """"'"t"<!~' - - . ~~,""','. ..~~, -. .~..-"."-.""~..".,~~,,. '~""'-'lT' .".".-."'-.' ~" 1 ! Co) 8A1.ANCl!. I'::' ,f AMOUNTOF (+OR.) (+} FORWARD - i'" T PA~OR OTHER ~~~OP t../ 7..:5' b ~ .':',c ~P.? ~-:7 - .......... ~t~~f ~0'1 -, ". /1 >It. '7~ ."" i" ..J'P :;:::.:: 71 ./ t... '... '#:0'. :;:': .... ..::~t'.~";; ~ ;~' ~;:~:~. ?~~~. ~~'l "'-0 2'J >'/.; . '~r-:> ~. '.,....'.", ... ",.," ....",.";,,, u''':'''''', ''}l(;:'.' . "" 22S~.... . I' .s. 1.., /- TO: Ll 'n -. .~ :, ,'. " 4%-'i.::>~~ '-<"Yl,D~I'I?('~'--" ~ ,,~~" ,)'" "':"i:Y:;:E~ 0; ..;c;:~r;;:.. .-, ,~~",';~~ 11", .lA! 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BE SURETO OEDtJ'CT />N'( PER ITEM CHARGES, SERVICE (:HARGES OR FEESTHAT MAV APPlY IN "O'rnER" COUJMU- <- :-"J- , . '",".' ;:'..:,.;;.....pmJjfs.......;.....,. ff f:..x '1 CARL R NOLTE' , Payabl. Ib".gb: SA"A~.l.Jj"'~"'."'D'" TI= JT TE'" . S'",,,..,,,,, Bank aM Tru" Compan, n ~'''' .H}i ..,...."":1.. ,,,\-It ~~...~ -i ~-..-"~15\'I~WIra'llt.aC1fusetts02'Ol 1011. N ebLtl: .0:..0...... r.....c.,.o.~ -'~.i-,~_-I .-"'2".1.~_L CARLISLE, PA 17013.1387 .. - '. .~ 1'1 c;.., _ ~i 19~ :;~"o~~61E . -f"t!..- tJ B' . $ ~~-",-II-<4w~'~'~~ '33r':~ ",;';"'19 '-1.... =~OOO f/f....1W,!!!.~t~9!dpUNT. m=t...!v\ONEYtvlARKfTfUND ~ ik 1',0, Box 310, Mirme.lpoli5. MN 55440-9188 FOR /;Z - 107-3 -6q I- 3' .....\._~-~;: .~~-Il.JI-..- 1:0 ~ ~oooo 281: j!; 58 "1802 "1 ~o 2 ?bll'ol. 5 . 3..sd3.a.", . *"_L--Js:...;..:- ~ ~ 5-2 111): 76'~' DOLLARS ,,'000000 ?o 28." c ~ CARL R NOLTE SARAH E HEITZMAN.NOL TE JT TEN,_ 1011 NORTHFIELD DR'; ;;:.~..'-t ',: ~,~ .,':(.~'FhJ"'-.i-_:. CARLISLE, PA 11013-1387' ," PaYilblellJrougl1: State Streol Bank. IH10 Trust Company Bos,toil,' Mas$<lchusetts 02101 T ':-;))9'1997 , 3659 " , . 5.2" 'TiO . ~ ~ PAY TO-THE' ORDEA OF A-/'; $ 5"0.00' '::-0 DOLLARS . 11IfHERAN' OPTIMUif1 ACCOUNT:. . BROTHERHOOD 'Pf>~tManagerMntA=lllll'" $i\1ONEY MARKfT fUND ::;O'''''M'''''''PO''''MN5'''''''~';''...~ ~~; 1:0 ~ ~oooo 281: j!; 5"1 "180 2"1 ~o 2 ?!;1I"0 i:. 5 ,,'0000005000." - payabl. lhro.U~ State Street Bank and Trust Company 80ston, Massachusetts02101 6119,9'13 ~~~~6W' CLLt Ls 0.. M; Jd~S1-.~ I &..v.d.\ z/.. O>'J-J2~ aJnd ~. If'L h\ill'J,~OOD . OPTIMUM ACCOUNT. .. . . " ., Ii/ii:t...MONEY MARKET FUND An ~ MaIlagemanl Account . ',- ' :~~'~~:;:5:~~~~'!; ~ ~80 2~z'*~I;:;;~ I CARL R NOLTE SARAH E HEITZMAN,NOLTE JTTEN 1011 NORTHFIELD DR CARLISLE. PA 17013,1387 3661 ~ ~ 5-2 'TiO I 2.5 $ I .-;:=-- , DOLLARS c PI :Sx ID .." ..,.. .... ....... .t'LAwfJF#$.. ...,......'E%8il;lit....... ... 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MUTUAL FUNDS FUND NAME AS OF SHARES 0007579031 07-25-01 INDIVIDUAL LB MONEY MARKET FUND - A 08-16-02. -..8.372.670 0007486498 05-12-99 EDUCATION L8 OPPT GROWTH FUND - A 08-15-02 122.608 SAVINGS ACCOUNT 0007a48992 11-26-96 JOINT TENANTS LB OPPT GROWTH FUND - A 08-15-02 22.373 0980291027 11-27 -90 JOINT TENANTS LB MONEY MKT-OPTIMUM ACCT 08-16-02 1.332.730 0007057732 10-29-90 JOINT TENANTS LB HIGH YIELD FUND - A 08-15-02 8,282 BALANCE $8.372 $848 $154 $1,332 $36 Total BOIllanca: Mutual Funds are distributed by LBSC***. $10,742 AUTO AND HOME INSURANCE Lutheran Brotherhood Auto and Home offers competitively priced coverage for your auto and home insurance neeQs. For a free quote, please call 1-800-984-9419. f( f X I V DP-B7004 0002196-1 0002\96-1 " ~ - cw-;' CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 00 - 3382 CIVIL SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE NOTICE OF PRE-HEARING CONFERENCE TO: Jacqueline M. Verney , Attorney for Plaintiff Theresa Barrett Male , 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 19th day of July 2002, 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: 4/11/02 E. Robert Elicker, II Divorce Master _.~'~,""",,'~~ ...~j .. ~ Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO. 2000-3382 SARAH E, HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Theresa Barrett Male, Esquire, on behalf of Defendant in this action. L Theresa Barrett Male, Esquire Date: February 20, 2002 ~- =~ . .. ~ PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C,P. 440: Service by first -class mail addressed as follows: Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff E. Robert Elicker, II, Esquire 9 N. Hanover Street Carlisle, PA l7013 Divorce Master L~~ Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania l7101 (717) 233-3220 Counsel for Defendant Date: February 20, 2002 -.. ~"""'~ '"'<<'"\IIIi-~ '" L~'_ .,,, . ~lffi!lI!Ii~Ml~~r. =J O~ II;rAJiiliili1:1 -_"II"".i""""""'''-~ ..k~ M_ .'-.' "'" "" * (') ~ vf~- rn;". -y,- "7 en -< r:: >:,~, 58 /..:.., -:; -~ " ". ii1 [, !J c; (.J "----,... "' ;-<1 ~~~;::J i"'0 ._~,~") t",) >_.J ---i '~:1- ~~ ::::> (h> ~ CARL RICHARD NOLTE, Plaintiff vs. SARAH E. HEITZMAN-NOLTE, Defendant -~ ~ ~~, ,~~ -. "",'<1,,,, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY,PENNSYLV ANIA : CIVIL ACTION - LAW : NO.2000-3MrCIVILTERM : IN DIVORCE ACCEPTANCE OF SERVICE 2 ~ $: ",. "'Om " rpm ::>:J ...:.;...::r:; ze I W~: D:) 2c'::, '< ' ~cQ )>c ~ I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule I 930.4( d). I certify that I am authorized to accept service on behalf of defendant Date: ~ 1/8/ f!D II tj ,# J5t- Ad~ess ~'-?{ e fj ( 7tJ 13 () ..n ",. ::r: .-1 -'C ~' ;-'I.::;[J ~-:~s~ s.;.~c; ...."... " ~~:n :~-~ -l---'" :::;~rf\ ~ -I ~ :.:> .... CARL RICHARD NOLTE : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. SARAH E. HEITZMAN-NOLTE : NO. 00 - 3382 : IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Carl Richard Nolte Jacqueline M. Verney , Plaintiff , Counsel for Plaintiff / Sarah E. Heitzman-Nolte Theresa Barrett Male , Defendant , 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 1st North Hanover Street, Carlisle, Pennsylvania, on the October 2002 at 9:00 day of a.m., at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case, George E. Hoffer, President Judge Date of Order and Notice: 7/l9/02 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 LIDERTY AVENUE, CARLISLE, P A 17013 TELEPHONE (717) 249-3166 * TESTIMONY WILL BE LIMITED TO LOAN FROM SON, MARITAL MISCONDUCT, AND MARITAL/NONMARITAL STATUS OF PERSONALTY FROM WIFE'S FAMILY. ,-~" ." ",. 0" '. '". ,,,..~ ," ,. _". c. _"~- LAW OFFICE OF JACQUELINE M. VERNEY ATTORNEY AND COUNSELOR AT LAW August 26, 2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Nolte v. Heitzman-Nolte No. 2000-3382 Civil Dear Mr. Elicker: My client wishes to withdraw the issues of marital misconduct and the maritaVnonmarital status of personalty from wife's family scheduled for hearing on October I, 2002. The only issue to be heard at the October I, 2002 hearing is the loan from the parties' son. Very truly yours, CCm::!."':J JMV Imos cc: Carl Richard Nolte Theresa Barrett Male, Esquire / I I 44 SOUTHHANOVERSTREET,CARLlSLE,PA 17013 [717) 243-9190 FAX 243.3518 ,_ ,_'"," ~ _ ',--,,' - ~-""_ '_r<''''_'' ,. ~ , ".._,-,,,,,,,," _ _'-'__~_'._"_""'" "''-.'..' --, '... c.','-' < ,__ ~. _.,- .,-.' -"""",', 0"-"':' 0,"-";':',' .';;;h:i.<~ '" .."."",,- .""LL_'''''','>""'''-,: "'-0.; .~L-',,,:_;,,;_",, -, ..... , 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 March 1, 2002 Jacqueline M. Verney Attor/ley at Law 44 South Hanover Street Carlisle, PA 17013 Theresa Barrett Male Attorney at Law 513 North Second Street Harrisburg, P A 1710 I RE: Carl Richard Nolte vs. Sarah E. Heitzman-Nolte No. 00 - 3382 Civil In Divorce Dear Ms. Verney and Ms. Male: I received a letter from attorney Male who now represents the Defendant advising that certain asset values need to be updated. This is consistent with Ms. Verney's ,~, understanding with regard to certain assets. However, attorney Male also advises that there are some assets that have not yet been valued "nor is there an asset schedule identifying the marital estate". However, based on attorney Male's comment that she is confident that these issues can be addressed without formal discovery motions, I am going to proceed with a directive for pretrial statements, taking into account with regard to setting a date for filing, that some matters still need to be resolved regarding the valuation of assets. A divorce complaint was filed on June 2, 2000, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims were raised in the complaint. On June 19,2001, an answer and counterclaim were filed raising the economic claims of equitable distribution, alimony, and counsel fees. In accordance with PRC.P. 1920.33(b) I am directing each counsel to file a pretrial statement on or before Monday, April 8, 2002. Upon receipt of the pretrial ; " 0>; i' "_, '"-'- _ ,_ -~o~ -',', ""'" .; ,C ,_ ""''; ~. Ms. Verney and Ms. Male, Attorneys at Law I March 2002 Page 2 statements, I will immediately schedule a pre-hearing conference with counsel to discuss the issues and; if necessary, schedule a hearing. As counsel note, I have given some extra time for counsel to prepare the pretrial statements taking into account the need to update values and have other assets valued. 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 V ACA TED. "' - --."--- -,< .,. -",.>,: ...... ~"". /~'"'~, -., ,~ THERESA BARRETT MALE COUNSELOR AT LAW THERESA. BARRETI MALE 513 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA 17101 SUSAN C. ApPLEBY, PARALE.GAL JONATHAN J. MALE, LEGAL ASSISTANT February 28, 2002 (717) 233-3220 FAX (7\7) 233,6862 E. Robert Elicker, II, Esquire Office of Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Nolte v, Nolte (# 2000-3382 Civil Term) Dear Bob: Under separate cover, I forwarded to you a copy of my praecipe entering my appearance on behalf of Sarah Nolte, the defendant in the above-referenced action, As I also advised Tracy last week, Ms. Nolte's prior counsel, Carol Lindsay, previously filed a discovery certification, indicating that there were no outstanding discovery requests, but that the asset values needed to be updated. My review of her file confirms that the asset values must be updated. Additionally, however, some of the assets have not been valued at all, nor is there an asset schedule identifying the marital estate. Based on my discussions with Jackie Verney, I am confident that counsel can address this issue and proceed without the need for formal discovery, If you have any questions regarding this, please let us know. Sincerely, ~/l(dL- TBM/sca cc: Jacqueline M. Verney, Esquire Sarah E. Nolte ,-___" " - _, J~ - -,-,--,.;j LAW OFFICE OF JACQUELINE M. VERNEY ATTORNEY AND COUNSELOR AT LAW February 19,2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Nolte v. Heitzman-Nolte No, 2000-3382 Civil Dear Mr. Elicker: I represent the Plaintiff in the above referenced matter. Defendant recently retained new counsel, Theresa Barrett Male, Esquire. Ms. Male and I are in agreement that this matter should be listed for pre-trial conference at the earliest possible date. Very truly yours, J,,""diM M. v,m:!:.;! ~.), JMV Imos cc: Carl Richard Nolte Theresa Barrett Male, Esquire 44 SOUTH HANOVER STREET, CARLISLE. PA 17013 (717) 243-9190 FAX 243-3518 ~..- & . "-~ . " iIi..;-,--~-."_, LAW OFFICE OF JACQUELINE M. VERNEY ATTORNEY AND COUNSELOR AT LAW July 24, 2001 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Nolte v, Heitzman-Nolte No. 2000-3382 Civil Dear Mr. Elicker: Enclosed please find my Certification in the above referenced case as requested. Very truly yours, L~ %. i/~. (faCquftine M. Verney, Esquire JMV Imos Enclosure cc: Carl Richard Nolte Carol 1. Lindsay, Esquire 44 SOUTH HANOVER STREET, CARLISLE, PA 17013 (717) 243.9190 FAX 243-3518 ,-, . , ., ~ - . -,--~~" ", .;. , ".i '-';--0- ""i '- f CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 00 - 3382 CIVIL SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE TO: Jacqueline M. Verney Attorney for Plaintiff Carol J. Lindsay Attorney for Defendant DATE: Tuesday, July 17, 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. Plaintiff's counsel has requested of opposing counsel an inventory, including description of 50 Longenberger baskets in Defendant's possession. " , ~ , ~ -',~- - -.,' ,.,,_.',- " ',-', ~ -~ - , "-,, -.;" '" ~-; .. J (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 30 days 1-:J-,-/-61 DATE ~-f€~1h.~ OUN L FOR PLAINTIFF ( ) COUNSEL FOR DEFENDANT ( ) 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. - '-,-. _ k _" - ~ "'''<__ , <. ,- . - -~ - ",-PC-; JAMES D, FLOWER JOHN E. SLlKE ROBERT C. SAIDIS GEOFFREY S. SHUFF JAMES D. FLOWER, JR CAROL J, LINDSAY JOHNNA J, KOPECKY KARL M, LEDEBOHM JOSEPH L. HITCHINGS THOMAS E. FLOWER LAW OFFICES SAIDIS, SHUFF, FLOWER & LINDSAY A PROFESSIONAL CORPORATION 26 WEST HIGH STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 243.6222 - FACSIMILE: (717) 243-6486 EMAIL: attorney@ssfl-law.com www.ssfl-law,com WEST SHORE OFFICE: 2 I 09 MARKET STREET CAMP HILL. PA 17011 TELEPHONE: (717)737.3405 FACSIMILE: (717)737.3407 REPLY TO CARLISLE July 25, 2001 E. Robert Elicker, II, Esquire Office of the Divorce Master 9 North Hanover Street Carlisle, PA 17013 RE: NOLTE v. NOLTE NO. 2000-3382 CIVIL TERM Dear Mr. Elicker: Enclosed please find our Discovery Certification to be filed on behalf of the Defendant in the above captioned action. Very truly yours, SAIDIS, SHUFF, FLOWER & LINDSAY CJL:mjm Enclosure cc: Jacqueline M. Verney, Esquire Sarah E. Heit1:man.Nolte SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEVS'AT'LAW 26 W. High Street Carlisle, PA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2000 - 3382 CIVIL TERM II, CARL RICHARD NOLTE, Plaintiff V5. SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE ~'i I I ., Ii " n Ii I I MOTION FOR APPOINTMENT OF MASTER Sarah E. Heitzman-Nolte, Defendant above, moves the court to appoint a master with respect to the following claims: (x) ( ) (x) (x) Divorce Annulment Alimony Alimony Pendente Lite and in support of the motion states: (1) requested. (2) (3) (4) (x) ( ) (x) ( ) Distribution of Property Support Counsel Fees Costs and Expenses Discovery is complete as to the claim(s) for which the appointment of a master is The Plaintiff has appeared in the action through Jacqueline Verney, Esquire The statutory ground(s) for divorce is/are 3301 (c)(d). Delete the inapplicable paragraph(s). (a) The action is not contested. (b) An agreement has been reached with respect to the following claims: none. (c) The action is contested with respect to the following claims: none. The action complex issues of law or fact. The hearing is expected to take 1 day. Additional information, if any, rei to t (5) (6) (7) Date: ORDER APPOINTING MASTER AND NOW, this / t J1I day of II, Esquire, is appointed master with respect to the fol Alimony, Counsel Fees. , 2001, E. Robert Elicker, ims: Divorce, Equitable Distribution, By the Court, f- \J, ~ " -~~ '<.K"',' '. ~ . -~- . , (, - .r. (,! WI I I,) I .Jt ';" "'" J..;, 1'-; ,l, nIU~.,'1.--+>-' _ ,. ,~- , !;\rr,i l.J 1';",.<'>_. '.-, " ~_".~' \j; I P ci,~t"~SYL \ /\~"l;.'\ '" ~11J!~. . ~"W'_ """""'~~ ~_",_""",!"OOI!l'f!!!I!l.i\i?l\1~ ~, .~"~ ~ ,.....~~!liiJI[ijUlil.l!JI:M~ .;~~ 'oi_..'''''-~ ,~ - ,- -' ",~ . ~ - ,- ':- i ~ THERESA BARRETT MALE, ESQUIRE 513 North Second Street Harrisburg, PA 17101 February 20, 2002 Office of the Prothonotary Cumberland County Courthouse High and Hanover Streets Carlisle, PA 17013 Re: Nolte v. Nolte (# 2001-3382) Enclosed are the original and one (1) copy of the Praecipe entering my appearance on behalf of the defendant. Please: File the original. Return time-stamped copy in the enclosed envelope. cc: !. .l'\..VLJ~lL J...:.U'-'l\..'-'l., .n,-.I=r.nl~'J:\".i \y~_ Jacqueline M. Verney, Esquire (w/enc) Sarah E. Nolte (w/enc) If you have any questions, please contact us at 233-3220. Thank you for your assistance. --._-- --. '.; ., r' .. Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO. 2000-3382 SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE PRAECIPE TO THE PROTHONOTARY: Please enter the appearance of Theresa Barrett Male, Esquire, on behalf of Defendant in this action. L Theresa Barrett Male, Esquire Date: February 20, 2002 -~....~ _."""~ , ~ ." . , ,-_ __.c, ''-' PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first -class mail addressed as follows: Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, P A 17013 Attorney for Plaintiff E. Robert Elicker, II, Esquire 9 N. Hanover Street Carlisle, P A 17013 Divorce Master L~~ Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-32?0 Counsel for Defendant Date: February 20, 2002 O,t LAW OFFICE OF JACQUELINE M. VERNEY ATTORNEY AND COUNSELOR AT LAW February 21,2002 E. Robert Elicker, II, Esquire Divorce Master 9 North Hanover Street Carlisle, PA 17013 Re: Nolte v. Heitzman-Nolte No. 2000-3382 Civil Dear Mr. Elicker: This is to certifY that discovery is complete in the above referenced matter. Very truly yours, It, t1-~J acqueline M. Verney, Esquire JMV/mos cc: Carl Richard Nolte Theresa Barrett Male, Esquire 44 SOUTHHANOVERSTREET,CARLlSLE,PA 17013 (717) 243-9190 FAX 243-3518 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , <'117 _ lOOZ 93 lnr V k -x. ",. ',.,; ,;'. '..-~- - --.;: CARL RICHARD NOLTE, Plaintiff vs. NO. 00 - 3382 CIVIL SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE TO: Jacqueline M. Verney ,.- - ' j!,), Attorney for Plaintiff Carol J. Lindsay Attorney for Defendant DATE: Tuesday, July 17, 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. SEE ATTACHED -'--1 - " .. ._', __ c._ ~ "", (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. 7/2, 1j! 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. "" ~ "-. , , ~ A. There is no outstanding formal discovery. Prior to a hearing, it will be necessary to update the values of certain accounts. B. There is no reason to delay the filing of Pre-trial Memoranda for additional discovery. SAlOIS SHUFF, FLOWER & LINDSAY A'ITORNEYS-AT'LAW 26 w. High Street Carlisle. PA I'" .~ " ~. 1_.., ~ - . " ___il' ,c- - - ,~ " , _ - ~-- - - -'0-, CARL RICHARD NOLTE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION. LAW : NO. 2000 - 3382 CIVIL TERM SARAH E. HEITZMAN-NOLTE, Defendant : IN DIVORCE CERTIFICATE OF SERVICE --- AND now, this ;-)'1 day of ~ 2001, I, Carol J. Lindsay, Esquire, of the law firm of ~IDIJ, SHUFF, FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Discovery Certification this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Jacqueline M. Verney 44 South Hanover Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: r I J. Lindsay, Esquire I 44693 ,. 26 We'st High Street Carlisle, PA 17013 (717) 243-6222 SAlOIS SHUFF, FLOWER & LINDSAY A1TORNEYS-AT-LAW 26 W. High Street Carlisle. P A " , -' CARL RICHARD NOLTE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION - LAW : NO. 2000 - 3382 CIVIL TERM SARAH E. HEITZMAN-NOLTE, Defendant : IN DIVORCE ANSWER AND COUNTER-CLAIM NOW COMES Sarah E. Heitzman-Nolte, by and through her counsel, SAlOIS, SHUFF, FLOWER & LINDSAY and answers the Complaint in Divorce as follows: COUNT 1- DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. COUNT 11- EQUITABLE DISTRIBUTION 8. The averments in Paragraphs 1 through 7 above are incorporated herein by reference. 9. In the course of their marriage, the parties have acquired certain property, both personal and real. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNErs'AT'LAW 26 W. High Streel Carlh'lle, PA -'-,- - WHEREFORE, Defendant prays this Honorable Court to equitably divide the parties' property. COUNT 11/ - ALIMONY 10. The averments in Paragraphs 1 through 9 above are incorporated herein by reference. 11. Defendant is without means to provide for her reasonable support. WHEREFORE, Defendant prays this Honorable Court to enter an Order of alimony. COUNT IV - COUNSEL FEES 12. The averments in Paragraphs 1 through 11 above are incorporated herein by reference. 13. Defendant is without means to pay her reasonable attorney's fees which have been exacerbated by Plaintiff's refusal to respond to requests for settlement. I, Ii WHEREFORE, Defendant prays this Honorable Court to Order reasonable ::,1 Ii; , counsel fees. SAIDIS, SHUFF, FLOWER & L1NDSAY,P.C. Attorneys for Defendant By: C r J. Lindsay, E uire I D# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Ii SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-ATeLAW 26 W. High Street Carlisle. P A '''' VERIFICATION I, the undersigned, hereby verify that the statements made herein are true and -- - correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. ~rd7.;J&dJ1 - tjJk Sar h E. Heitzman-Nolte Date: 0/:;i, / I I SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS-AT-LAW 26 W. High Street Carlisle, PA CARL RICHARD NOLTE, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. : CIVIL ACTION - LAW : NO. 2000 - 3382 CIVIL TERM SARAH E. HEITZMAN-NOLTE, Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND now, this /3 day of ~..fA..-< ___ 2001, I, Carol J. Lindsay, Esquire, of the law firm ~ SAlOIS, SHUFF , FLOWER & LINDSAY, P.C., Attorneys, hereby certify that I served the within Answer and Counter-claim to Complaint in Divorce this day by depositing same in the United States Mail, First Class, Postage Prepaid, in Carlisle, Pennsylvania, addressed to: Jacqueline M. Verney 44 South Hanover Street Carlisle, PA 17013 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Defendant By: I J. Lindsay, 10# 44693 26 West High Street Carlisle, PA 17013 (717) 243-6222 _,-" ","","."_-"' ""<"'-0,'.-'" ,"__ --. ~.-. - . J / ~ CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW /' SARAH E. HEITZMAN-NOLTE,: Defendant NO. 00-3382 CIVIL TERM SARAH E. HEITZMAN-NOLTE,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA v. DOMESTIC RELATIONS SECTION PACSES NO. 978102896 CARL R. NOLTE, Defendant NO. 00-1052 SUPPORT IN RE: PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S PAYMENT OF PLAINTIFF'S BILL OF COSTS; DEFENDANT'S ANSWER TO RULE TO SHOW CAUSE TO PLAINTIFF'S MOTION TO COMPEL DEFENDANT'S PAYMENT OF PLAINTIFF'S BILL OF COSTS; DEFENDANT'S PETITION TO ENFORCE SETTLEMENT ORDER OF COURT AND NOW, this 23rd day of June, 2004, upon consideration of the attached letter from Jacqueline M. Verney, Esq., attorney for Carl Richard Nolte, the hearing previously scheduled in the above matters for August 4, 2004, is rescheduled to Thursday, August 26, 2004, at 1:30 p.m., in Courtroom No. I, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, I \. -' "~ .",", ,r~'._ l~, fiLED--OFF1CE Or: -rue nrC'T\-V"''''f,qv r \f\1.-. h"\ J, .u,',l\..',n;.\ 2004 JU\i 23 PH 2.: 05 Cu' It,!,::r,', , ':-".,1\1",1 ,>,,'..h.__' ,'-,;', j',)l.j\ . \ ; FtNNSY0/f\!'\\\/\ ~ 1{:. I ,'__~'=!' ~ __ '.""~' .". .,__~~)m1P.llF, P"~."; ._0., . ._ = _,~ "'_r ,', ,~' , " '"' ',' '. Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Carl Richard Nolte ~ f,,;.3-o'f ~ C)-. Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, P A 1710 1 Attorney for Sarah E. Heitzman-Nolte :rc ," .., ~ --'<' ',' ,"-~- - ".-- .- -~ " ') ., '",;.,. --~ ",,,. ~,' " , "_'~~.'_ _ '.'" ,~',o . " ,- ,<. '. ~;. -~ ; ''''-', ;."," - < -:::~ . LAW OFFICE OF JACQUELINE M. VERNEY ATTORNEY AND COUNSELOR AT LAW June 22, 2004 The Honorable J. Wesley Oler, Jr. The Court of Common Pleas of Cumberland County I Courthouse Sqnare Carlisle, P A 17013 Re: Heitzman-Nolte v. Nolte No. 2000-3382 CIVIL TERM Dear Judge Oler: A hearing is scheduled before you on August 4, 2004 at 1 :30 p.m. in the above referenced matter. I find 1 must continue the matter as I will be on vacation on that day. Opposing counsel has agreed to continue the matter and after speaking to your secretary we have arrived at a rescheduled date and time of August 26, 2004 at 1 :30 p.m. Thank yon for you consideration in this matter. Very truly yours, h:::::~S JMV Imos cc: Mr. Nolte Theresa Barrett Male, Esquire (via Fax only) 44 SOUTH HANOVER STREET. CARLISLE. PA 17013 (717) 243-9190 FAX 243-3518 , __~" H L r ... " Theresa Barret! Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Pia i ntiff v. NO. 00-3382 Civil Term SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, March , 2004, the Court CONTINUES the hearing on Defendant's Petition to Enforce Settlement Agreement. The Court ORDERS and DIRECTS Cumberland County DRS to attach Plaintiff's wages in the amount of the alimony awarded Defendant by agreement placed on the record at the master's hearing on February 13, 2003. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Jacqueline M. Verney, Esquire, Counsel for Plaintiff Theresa Barrett Male, Esquire, Counsel for Defendant . ' ,> I I I I I ! I I " I I 1 1 i i i , I ,I I ! " II ~ ,I j ~ j .! , I j i I , I I I I , - " , ;,; MAR U ,2 JP~ ~ CARL RICHARD NOLTE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant : IN DIVORCE SARAH E. HEITZMAN-NOLTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION VS. : Docket Number 01052 S 2001 CARL R. NOLTE, Defendant : P ACSES Number 978102896 ORDER OF COURT AND NOW, this day of ,2004, upon consideration of the within Motion for Stay, all proceedings in the above captioned matters are hereby stayed in accordance with the Servicemembers Relief Act until further Order of Court. BY THE COURT, J. Wesley Oler, Jr., J. cc: Jacqueline M. Verney, Esquire, for Carl Richard Nolte Theresa Barrett Male, Esquire for Sarah E. Heitzman-Nolte Domestic Relations Section .......-.~ - I ~ MAR' 0'2 200~ .~. ~ " ~ - " " ;:, CARL RICHARD NOLTE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant : IN DIVORCE SARAH E. HEITZMAN-NOLTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION vs. : Docket Number 01052 S 2001 CARL R. NOLTE, Defendant : PACSES Number 978102896 ORDER OF COURT AND NOW, this day of ,2004, upon consideration of the within Motion for Stay, all proceedings in the above captioned matters are hereby stayed in accordance with the Servicemembers Relief Act until further Order of Court. BY THE COURT, J. Wesley Oler, Jr., J. cc: Jacqueline M. Vemey, Esquire, for Carl Richard Nolte Theresa Barrett Male, Esquire for Sarah E. Heitzman-Nolte Domestic Relations Section "=-,- , ' _ -=, '" .' ., .__._f - ~,;-- ~l - _ .,', , '-.- Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO. 00-3382 Civil Term SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, March , 2004, the Court CONTINUES the hearing on Defendant's Petition to Enforce Settlement Agreement. The Court ORDERS and DIRECTS Cumberland County DRS to attach Plaintiff's wages in the amount of the alimony awarded Defendant by agreement placed on the record at the master's hearing on February 13, 2003. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Jacqueline M; Verney, Esquire, Counsel for Plaintiff Theresa Barrett Male, Esquire, Counsel for Defendant ';"'0"' ,-^ Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Pia I ntiff v. NO. 00-3382 Civil Term SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, March , 2004, the Court CONTINUES the hearing on Defendant's Petition to Enforce Settlement Agreement. The Court ORDERS and DIRECTS Cumberland County DRS to attach Plaintiff's wages in the amount of the alimony awarded Defendant by agreement placed on the record at the master's hearing on February 13, 2003. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Jacqueline M. Verney, Esquire, Counsel for Plaintiff Theresa Barrett Male, Esquire, Counsel for Defendant '<I" Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Pia i ntiff v. NO. 00-3382 Civil Term SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, March ,2004, the Court CONTINUES the hearing on Defendant's Petition to Enforce Settlement Agreement. The Court ORDERS and DIRECTS Cumberland County DRS to attach Plaintiff's wages in the amount of the alimony awarded Defendant by agreement placed on the record at the master's hearing on February 13, 2003. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Jacqueline M. Verney, Esquire, Counsel for Plaintiff Theresa Barrett Male, Esquire, Counsel for Defendant . .- - " .,' <n,<' &._~"! MAR 0 2 2004 i CARL RICHARD NOLTE, Pluintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant : IN DIVORCE SARAH E. HEITZMAN-NOLTE, : IN THE COURT OF COMMON PLEAS OF Pluintiff : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION vs. : Docket Number 01052 S 2001 CARL R. NOLTE, Defendant : P ACSES Number 978102896 ORDER OF COURT AND NOW, this day of ,2004, upon consideration of the within Motion for Stay, all proceedings in the above captioned matters are hereby stayed in accordance with the Servicemembers Relief Act until further Order of Court. BY THE COURT, J. Wesley Oler, Jr., J. cc: Jacqueline M. Vemey, Esquire, for Carl Richard Nolte Theresa Barrett Male, Esquire for Sarah E. Heitzman-Nolte Domestic Relations Section 'c' , _ ',_ ~ ~'. - --_~ - '"~ ," .-~~_, _'"' --,<,_F _,'iTl,(...",-,l .'/ _" ',^'_. Jii'~'-L ...." . CARL RICHARD NOLTE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE,: Defendant NO. 00-3382 CIVIL TERM / SARAH E. HEITZMAN-NOLTE,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA v. DOMESTIC RELATIONS SECTION PACSES NO. 978102896 CARL R. NOLTE, Defendant NO. 00-1052 SUPPORT ORDER OF COURT AND NOW, this 13th day of April, 2004, upon consideration of Plaintiffs Motion To Compel Defendant's Payment of Plaintiff s Bill of Costs, and of Defendant's Answer to Rule To Show Cause to Plaintiff's Motion To Compel Defendant's Payment of Plaintiffs Bill of Costs, a hearing is scheduled for Wednesday, August 4, 2004, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. The hearing previously scheduled in the above matter for June 3, 2004, on Defendant's Petition To Enforce Settlement is rescheduled to Wednesday, August 4, 2004, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, esley Oler, t):>" ~' ,\ Q~ / " I~/l " ill ~, F1LED~OfFiC[ OF THE PROTHONOT,6fiY OC"I. ~Dt"l " LdUi Hi i\ 11;- Pi'l 2: 49 cu,.' W ,'''' I\j'r.! , <v. ( , .' ., ' 'i . 'tJ';;N;\:SYL\I./~~-:D\' l' , . ....4 ~......Jlt1;l " , M ~ ,~_,,~. ,,'iA. !~!1!!l, ,~ !Wffll!l!~~m ~rll1iV~n(!!!!l\lF!lft<'~~I"'""'_'''''~ r f . ~"'_' 0, '. _' ,_" ~.~ ,_, "'.". '", -. Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Carl Richard Nolte Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Sarah E. Heitzman-Nolte :rc . .\ '-.. , -. ...,.~ - ,.'- 1'- J,- '-I[-D ., -,-,',- r- t.! -~I \""1"' -I" . '-' 1\.,_ -Lir-' 0,')""\-' 'r\'. "-J.P'''I !l j~: Illl_}!rit.):\!UIF~\!"'i'. ZOUy!;i)(; It; PI'! 2: 1; 9 C"1i ;t_M"::". ,IJf'J'_J,_' '.,.,' p[)';I\::~YL~/! .=,uu;'~.!y J\.i:/\ ~ -~~~-~~""""', ..."~4_~~"........~1III!W1!!IQI~_, ",.~ , .'!'_"" .. h '. ,;. '.< '~ " _'k_' THERESA BARRETT MALE COU~F.l.OR AT LAW TH.HJiSA ilMRJr'T MAll !)13 NORTH Sr.c:ONO STRF.F..T HAJuuSSURC. P.NNSYT.YANIA 17101 SUSAN C. A/>1'WlY. ,^""'"""^'" JONA:I'HAN J. MAu::,. LCaAL AZIS'l'Nn" March 8, 2004 (717) 233-3220 FAX (717) 233.6862 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse High & Hanover Streetl; Carlisle, PA 17013 Re: Heitzman-Nolte v. Nolte (# 1052 S 2000; PACSES # 978102896) Notte v. Heit!:man-Nolte (# 2000-3382) Dear Judge Oler: It is my understanding that the Court has inquired regarding my position on the motion to continue the pending support and divorce matters, based on Mr. Nolte's milil<try deployment to Iraq. I do not oppose the request provided that thA Court p.ntArs the enclosed orders for attachment of Mr. Nolte's income to satisfy his child support and his alimony obligations during his deployment. 7L6~!!u- Theresa Barrett Male TBM/sea Enclosures Cc: Jacqueline M. Verney, Esquire (w/enc) Sarah E. Heitzman-Nolte (w/enc) VIA FACSIMILE - Hard Copy to Follow 3 d 36WW09 'ON/On l 'lSIl8: U V003 8 8 (NOW) WO~j ''h- _'"_ '_F- "-" ",'C ~ ,~ -,!---',-,.. - ",.>",,,,,,~~-~- '"'''~,,;--~ "'~""~"'~-S;"";;;:;",_ ,-'U>">,':! Theresa Barrett Mille Supreme Court 1/ 46439 S;lg North Second Street Harrisburg, PA 17:\.01 (717) 233.3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICI-IARO NOI.T!; Plaintiff v. NO. 00-3382 Civil Term SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, March , 2004, the Court CONTINUES the hearing on Defendant's Petition to Enforce Settlement Agreement. The Court ORDERS and DIRECTS Cumberland County DRS to attach PI8intiffs wHges in lhe amount of the alimony awarded Defendant by agreement placed on the record at the master's hearing on February 13, 2003. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: J<lcqueline M. Verney, Esquire, Counsel for Plaintiff Theresa Barrett Male, Esquire, Counsel for Defendant V d !;681Vm09 'ON/08: U '18/ In l vaO!; 8 8 (NOW) WO~j ." ._,'n _>0',.,_., -~-- ',- ....... 1>'.""';" .' - -",,--1., " ",' - hi. THERESA BARRETT MALE. ESQUIRE FACSIMILE TRANSMITTAL SHEET To: HononlbleJ. Wesley Oler.]r. ATTN: Ruth Coulson FAX NIIMBER: 717 -?40-1\462 COMPANY: Fromo Theresa. Barrett Male. &quite Reo Nolt" v. Nolte Nolte v. Nolte Date; March R, 2004 TOTAL NO. OF PAGI!S INCWDING COYmt: 4 S_DER'8 REFERENCE NUMBER. N/A YOUR~NCBNUMB~ # 1O.~2S 2000; l)Ar.~F." # 971\1021\9(, # 2000-3382 PHON~ MUM__. 717.240-6530 lIRGENT XFOR RF.VIRW X P1.I'.J\SKCOMMEN'1' X PLEASE REPLY 0 PLJOASE RI;CYCLE NOTU/COMMENTS: See attached letter with teferenced orders. Cc;Jacqueline M. Vemey, Esquire (717-243-3518) g...h R H"il7.m..n-Nnlte l d i:6WW09 'ON/08:Ll 'lS!08:Ll VOOi: 8 8 (NO~) ~OHj '" I ' -d.- J ., . '''H />; .~,- "~ A" ~~ CARL RICHARD NOLTE, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW / NO. 00-3382 CIVIL TERM SARAH E. HEITZMAN-NOLTE,: Defendant SARAH E. HEITZMAN-NOLTE,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA v. DOMESTIC RELATIONS SECTION PACSES NO. 978102896 CARL R. NOLTE, Defendant NO. 00-1052 SUPPORT ORDER OF COURT AND NOW, this 11th day of March, 2004, upon consideration of the Motion for Stay in the above-captioned matters filed on behalf of Carl Richard Nolte, and it appearing that Mr. Nolte has been ordered to Kuwait, Iraq and Afghanistan for a period of approximately 34 days commencing February 29, 2004, the hearing scheduled at No. 2000-3382 Civil Term for April 1, 2004, before the undersigned is rescheduled for Thursday, June 3, 2004, at 1:30 p.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania, and the support conference scheduled at 1052 Support 2000 for March 15, 2004, before Ricki Shadday is similarly rescheduled for Wednesday, May 5, 2004, at 9:00 a.m., at the Domestic Relations Office. BY THE COURT, tl/o.-;. J esley Oler I ~. .. --= ~"~ , ~~~ OF FllED-()cCl/',- T J .....-1 i lut:: hE PFiOTHONO~'~J1Y 2DD!j MM? 12 P.,' I 1- 'n : b CUf,/r,,~! ',~~=_~, i.l";'~,':,~, t"',, , ,)Ut\7Y [, ""\""'1"""'/'1 '."""-i\')IL"'.'1\iA -,,- ~" 11__ ~ ,., ~,=nl'lW:_,~',~~(I<J~~~r"tf~~fli'lW!li~~ ~~-~"1 ~"". Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Carl Richard Nolte Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Sarah E. Heitzman-Nolte :rc [, , ,'.- -- "~ --,--:'" "':- ,,,",,,_~_~~ _w ,-I -,...._-,"".- . . CARL RICHARD NOLTE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant L: : IN DIVORCE SARAH E. HEITZMAN-NOLTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION vs. : Docket Number 01052 S 2001 CARL R. NOLTE, Defendant : P ACSES Number 978102896 ORDER OF COURT AND NOW, this day of ,2004, upon consideration of the within Motion for Stay, all proceedings in the above captioned matters are hereby stayed in accordance with the Servicemembers Relief Act until further Order of Court. BY THE COURT, J. Wesley Oler, Jr., J. cc: Jacqueline M. Verney, Esquire, for Carl Richard Nolte Theresa Barrett Male, Esquire for Sarah E. Heitzman-Nolte Domestic Relations Section -~~ ,."~<",,,u , CARL RICHARD NOLTE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant : IN DIVORCE SARAH E. HEITZMAN-NOLTE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : DOMESTIC RELATIONS SECTION vs. : Docket Number 01052 S 2001 CARL R. NOLTE, Defendant : P ACSES Number 978102896 MOTION FOR STAY AND NOW, comes Carl Richard Nolte, by and through his attomey, Jacqueline M. Verney, Esquire and represents the following in support of his Motion for Stay: 1. The Movant is Carl Richard Nolte, the plaintiff in the above divorce action and the defendant in the above Domestic Relations action. 2. There is a hearing scheduled in the divorce action before the.Honorable J. Wesley Oler, Jr. on April 1 , 2004 at 1 :30 p.m. on the motion of former wife to enforce settlement agreement. 3. There is a support conference before hearing officer, Ricki Shadday on March 15, 2004 at 9:00 a.m. on movant's Petition for Modification and former wife's motion to accelerate arrears. 4. Movant has been ordered to Iraq as evidenced by the attached Authorization for Travel. .~ L;.. - ~ ,~ ~-.- ~(,,,,,,..-~,~ , (Exhibit "A"). He deployed on February 29,2004 and is currently authorized for 34 days of travel. He is not expected to return until after April 4, 2004 and his travel may be extended. 5. The Servicemembers Civil Relief Act, 50 USCS Appx 9512, et seq. as amended, 2/13/04, applies to both civil court and administrative proceedings and protects a party from litigation in any matter in which his deployment by the United States military interferes with said proceeding. WHEREFORE, Movant respectfully requests this Honorable Court enter an order applying to both of the above captioned matters staying the hearing and the conference pending Col. Nolte's return frQm his United States military deployment. Respectfully submitted, 3 - I -oy ~1h.~~/ acq line M. Verney, Esquire # 3167 44 S. Hanover Street Carlisle, P A 17013 (717) 243-9190 Attorney for Movant 2 ,~~ .'" "' ~ -~ -~,c, . . VERIFICATION I verify that the facts included in the within pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated: 3 ~ / -6'1 -'iIJI ~~ L ~ ~" ~ - -~",,,"-~,',., , , REQUEST AND AUTHORIZATION FoR TDV TRAVEL OF DOD PEllSONNEL "'-'-- ~ ftwwt-,."..... (AI/L CNpru~ ' . (1futJf1rIwIcy Act 81.1_ 1M 6""''''''' ~'-.J R!OUUT OFFICIAL /iEL TV BEll 4. . ON nn~ AND GMDElRA N l.OA11iOF IVl'~YNMIlOI ?OOA022, 1(("""",,_,,"&1/ I. NOLTS, CARL R. U1.'Z-IZP8 s. LO IIli INTDU1V& '51 2800 ARMY PENTAClON WASHINGTON, DC 20Sl()..2800 e. .. "".,nR.App_HI IICJTf1.7 DB1'SNTION OPNS TJ)Y-OCONUS SUPPORT TBAM CHIBP. NDRCICOL . IIGANlZAllONAL e DAPM-MPD.Ntl W6EKM 7. DUn' PttOtIE ,-.... Q"I</ (703) 691-?S72 I. . YD.-:$ -"''''''''',,",1 34 , R IrVVVMMDDI 20040Z29 11. mNERA v VAIl'ATION AUTHORizeD' PROM RBSJDENCE (ARLINGTON. VA) TO CRC (FORT BUS~ TX) TO KUWAIT (CAMP DOHA) TO lFtAQ (BAGHDAD) TO KUWAIT (CAMP DOHA) TO AFGHANISTAN (BAGRAM) TO CRe (FORT BUSS, TX) ANt> RETURN. 12. TIlANCPDIlTATION MDOIi c. CO__ ... OOV_NT flAil. AlII SP R ~ SII VA: :r 0_ C:ONVE ....1 RATE Pl!R Milt: AoV.r.NrAGEOUS TO THE GOVIRNMENT Nll.fAGINIMBVRsEMENT AND ..... DIEM 1$ lIM1TIl) TO ~_.uc;nVE COST OF COMMoN U"RI~ft TAAN$POATATION 4ND PER DIEM At oenRMINEO ANO TRAVEL TIM A$ .~tMln:C PER JTft la. c. I'tIlDIEM AIIlIIClRtUDIN ..ccOllDAHC&WITH JrR. II. OTHER ."TEO' 'ER DIEM (.$pIcUVI 14. esTIMATEO CDsr .. PER DIEM' b, TRAVEl c. OTHER S 1,914.00 $ 4.963,00 $ 600.00 c. lOCAL _"'&PORTATlON RIN AL fAl(l OTHElI x x AS OI!l'M"'1N1 IV ""FIlOPRUloTE TIlANsPGRT"TIONO'F1C&~ /0......- 7_1..,y/ 1.. REMARK' tu-- ,blI ~ ,. UR;aI HqUl/MtM"~ ",.", Met',; .",.,.. aeto""""delf(J"'. ,.."...,. t ~.I TRAVEL VOUCHER WILL BE SUDMlTTEJ) WI1liIN 5 WORKING DAYS UPON COMPLETION OF TDY. A COPY OF TH! PA.lD.IlEIMBURSEMENT VOUCHBR WIll. BE SUBMITTED TO THE RESOUIl.CE MANAGEMENT OFPICE UPON RECElPI' FROM DFAS. GOVERNMBNT Q,UARTERS AND MESS WILL BE VTIUUID, IF A V AILAIlLE. O,FF1CIAL PHONB CALLS AUTffORlZED. EXCESS BAGGAGE AUTHORIZED. TRAVELER HAS GOVERNMENT TM VEL CARD AND WILL USB IT TO OBr AIN CASH. RENTAL VEHICLE AUTHORizeD. COST OF INSUFtANCB PORRENT AL VEHICLE NOT OTHERWISE INCLUDED IN THE BASIC AGREEMENT IS NOT REIMBURSABLE. DUAL LODGING AUTHORIZED. 15. ADVANca AUTHORI2IOO $ N/A IEF, DAPM.OPS AUTHORIZATION D CTlNG OFFiCIAL mr/~ .nd lilft".-J 19. ACCOUNTING enA D/II 2142020 0000 76-2084 Zl. ATe /6$ (Y'fYrMMDDI 20040226 22. TRAVa. ORO!R NUMBER PREV'OUS EDITION IS OBSOLETE. ,...- "A" I::' x " ""--- .',"",,_".mdJ'" , , CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certifies that a true and correct copy of the foregoing pleading was served upon the following on the date indicated by personal service or by postage prepaid, US Mail: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, P A 17101 Date: :3 ~ I -0 'f ~~,~ cq ine M. Verney, Esq~ 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Counsel for Movant "'"c HWi<E.li~~Ii$l;l>$!._~!iI~iJi""ffl~~IiliII$'~~~"~ ~> >~, ,,_~ J __'.w, - -~ " ~,- ,.,-,. , ",-" , :"'.-.,.... j.~,;/..! -. ..-,,:"~ -....; _/ , (') c:" ;:;;:~~ 6; "..> "'" "'" ~~ ...,. -. ),," ~:) I ii? :-1 -:I:: f 01_.1 -oF;; :'.)(:) 96 fJ~~ c)"ln S;.I .-2.} ...,. J',.. :.:;;:; ...,. ...,. (.v ......, .-.c .-,;;:;;--.------- I, ,~, ~ " , -- .. Carl Richard Nolte Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW Sarah E. Heitzman-Nolte Defendant NO. 00-3382 IN DIVORCE DOMESTIC RELATIONS ORDER 1. This Domestic Relations Order ("DRO") creates and recognizes the existence of the Alternate Payee's right to receive a portion of the benefits payable with respect to the Participant. It is intended to constitute a Qualifying Court Order under the Uniformed Services Former Spouse's Protection Act, 10 U.S.C. Section 1408 and following. 2. This DRO is entered pursuant to authority granted under the applicable domestic relations laws of the State of Pennsylvania. 3. This DRO relates to the provision of marital property rights to the Alternate Payee pursuant to Master's Hearing Transcriptions of February 13, 2003. 4. This DRO applies to the Military Retirement System ("Plan") and any successor thereto. Carl Richard No1t.e ("Participant") is a Participant in the Plan. Sarah E. Heitzman-Nolte ("Alternate Payee"), the former spouse, is the Alternate Payee for the purpose of this DRO. 5. The Participant's name, mailing address, Social Security number and date of birth are: Carl Richard Nolte 306 Cranes Gap Road Carlisle, PA 17013 Social Security No.: 157-52-1298 Date of Birth: November 9,1956 6. The Alternate Payee's name, mailing address, Social Security number and date of birth are: Sarah E. Heitzman-Nolte 622 West Louther Street Carlisle, PA 17013 Social Security No.: 065-54-2883 Date of Birth: June 17, 1959 7. The Participant assigns to the Alternate Payee an interest in the Participant's disposable military retired pay. The Alternate Payee is entitled to a direct payment in the amount specified below and shall receive payments at the same time as the Participant. .~ - -=~~ - ',~ ,~--~- . _ _ -'",,,,,,,",,",-, -" .~ ~i:1~~\ ." .. DRO Page 2 8. ' The Participant's rights under the Soldiers I and Sailors I Civil Relief Act of 1940 (50 U.S.C. g521) were observed by the Court as evidenced by the presence of his legal counsel at the proceedings. 9. This Order assigns to Alternate Payee an amount equal to 50% ofthe Participant's disposable military retired pay under the Plan. In addition, the Alternate Payee shall receive a pro rata share of any cost-of-living adjustments made to the Participant's benefits. 10. The monthly payments under Paragraph 9 shall co=ence to the Altemate Payee as soon as administratively feasible following the co=encement of Participant's retirement benefits and shall continue to Altemate Payee for the remainder of the Participant's lifetime. If the Altemate Payee dies before the Participant, the Alternate Payee's share of the Participant's disposable retired pay shall revert to the Participant. 11. The Participant shall be under no obligation to provide any survivor benefits for the Altemate Payee. 12. The jurisdictional requirements of 10 U.S.C. Section 1408 have been complied with, and this Order has not been amended, superseded, or set aside by any subsequent order. 13. The Participant and the Alternate Payee acknowledge that they have been married for a period of more than ten years during which time the Participant performed more than ten years of creditable military service. The parties were married on September 6, 1980, and separated on February 23, 2000. 14. The Altemate Payee agrees that any future overpayments to her are recoverable and subject to involuntary collection from her or her estate. 15. The Alternate Payee agrees to notify the Defense Finance and Accounting Service about any changes in the Domestic Relations Order. 16. The Participant agrees to cooperate with the Alternate Payee to prepare an application for direct payment to the Altemate Payee from the Participant's retired or retainer pay 'pursuant to 10 U.S.C. Section 1408. The Participant agrees to execute all documents that the United States Army may require to certify that the disposable military retired pay can be provided to the Altemate Payee. 17. The Participant agrees not to merge the Participant's disposable military retired pay with any other pension. 18. The parties acknowledge that the following items must be sent by the Alternate Payee to Defense Finance and Accounting Service, Cleveland/Code L, Garnishment Operation, P.O. Box 998002, Cleveland, OH 44199-8002. The Participant agrees to provide any of this information to the Altemate Payee at the Altemate Payee's request and to make all necessary efforts to obtain any of this information that the Alternate Payee is unable to obtain. , , ';,1 . - .. DRO Page 3 a. A copy of this Domestic Relations Order that divides retired pay and any decree that approves this Order certified within ninety (90) days immediately preceding its service on the applicable military pay center for the United States Army. b. A statement by the Alternate Payee that verifies that the divorce decree has not been modified, superseded, or set aside. c. The parties marriage certificate. d. The Participant's name, Social Security number, date of birth and name of military service. e. The Alternate Payee's name, address and Social Security number. f. An indication that this is a written request to enforce the accompanying Domestic , Relations Order in lieu of application form DD-2293. 19. The Alternate Payee shall be liable for any Federal, state or local income taxes associated with her assigned share of the disposable military retired pay. 20. The Participant shall apply on a timely basis to commence receiving the military retired pay on or about his 60th birthday. The Participant shall notify the Alternate Payee, in writing, On the date he applies to commence receiving his military retired pay. For this purpose, the Alternate Payee shall notify the Participant of any changes in her mailing address. 21. Upon commencement of his military retired pay, the Participant shall pay directly to the Alterntltive Payee the excess of (a) over (b) where (a) and (b) are as follows: (a) 100% of his gross military retired pay, including any cost-of-living adjustments, multiplied by a coverture fraction, the numerator of which is 4137 (the number of retirement points accumulated by the Participant during the marriage) and the denominator is the total number of retirement points accumulated by the Participant as of the date his retirement benefits commence. (b) The amount paid directly to the Alternate Payee by the Plan pursuant to the terms ofthis DRO. The Participant shall make direct payment to the Alternate Payee within 10 days of the date he receives payment from the Plan. The direct payments by the Participant to the Alternate Payee shall be net of Federal income taxes which the Alternate Payee would have paid if such direct payments were included as taxable income to her. The Participant shall provide to the Alternate Payee on or about the date the Participant's retirement benefits commence, the amount of his gross military retired pay and the number of retirement points accumulated by the Participant as of the date his retirement benefits commence. ~ ~ ~~- .", . -' , ; w;'~'~ ~ ' '" DRO Page 4 22. The Court shall retain jurisdiction to enter such further orders as are necessary to enforce the award to the Alternate Payee of the military retirement benefits awarded herein. EXECUTED this Z~ {day of 1M:? 7 t Oll'~ f1\p'''-S> 5.~q.CB , 2b6<" BY THE COURT CONSENT TO ORDER: PLAINTIFFIPARTICIPANT DEFENDANT/ALTERNATE PAYEE ') "'~~~ 2. t~(Lr1-1o#- signature \ Signature tf/~1-o~ CJ~:ft9 I Date Date ATTORNEY FOR PLAINTIFF/ PARTICIPANT ATTORNEY FOR DEFENDANT/ ALTERNATE PAYEE ~ ~i/~/ gn ure ' Zf/.7~q'~ ~-77-0 ;, Date /14';7/ /tr3 I ' Date " I j , -~ t . CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-3382 CIVIL TERM CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE IN RE: TRANSCRIPT OF PROCEEDINGS Proceedings held before the HONORABLE J. WESLEY OLER, JR., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on December 2, 2002, in Courtroom Number One. APPEARANCES: Jacqueline Verney, Esquire For the Plaintiff Theresa Barrett Male,Esquire For the Defendant II , . I !i"", .. ~~'I' > ,,,.,=,,.,~ -<~p~ - ' ,'''''C . .~- . I w_~ , ,~C;-{;~:I-:ICE Cy= !Y"",' '~Jl/\FY 03 r1P\Y C' J {ill II:;) C1 i',..:~':"':.' ",1.1',;:,\,:+:,'\,1 Uhli:-,:..~.'l!.-_: ,_ ~_ PENNSYL\f/IN1A "'=~ ,', . "", =_._,__~_,~t'lH~"",,",,"~a_~!B'~I-,,-= =,0'- . ,,~-aSJI ~_ -~.- , 1-- .-,,,i ,< ~~~';k'~ INDEX TO WITNESSES FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS FOR THE DEFENDANT Sarah E. Heitzman-Nolte 6 12 Harry Leister, Jr. On qualifications 17 18 Harry Leister, Jr. 20 26 34 36 2 Ij 1 THE COURT: This is the time and place for 2 a hearing on a petition to bifurcate divorce filed by the 3 Plaintiff, Carl Richard Nolte, at number 2000-3382 Civil 4 Term. We will let the record indicate that the Plaintiff 5 is present in court, and is represented by Jacqueline M. 6 Verney, Esquire. The Defendant, Sarah E. Heitzman-Nolte, 7 is also present in court, and she is represented by Theresa 8 Barrett Male, Esquire. 9 The Court has met in chambers with counsel 10 and understands that counsel are in agreement that within 11 the next few days the parties will file affidavits of 12 consent in this matter; is that correct? 13 14 15 16 17 MS. MALE: That's correct, Your Honor. MS. VERNEY: That's correct, Your Honor. THE COURT: the Plaintiff's petition. MS. VERNEY: It is, Your Honor. All right. And this would be Would the 18 Court entertain a stipulation of the parties concerning 19 certain facts? 20 21 THE COURT: Certainly. MS. VERNEY: The parties were married 22 September 6th, 1980. Husband is 46 years old with a date 23 of birth of November 9th, 1956. Wife is 43 years old with 24 a date of birth of June 17th, 1959. 25 On June 15th, 2001, wife filed a 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 <' -"""J counterclaim to husband's divorce complaint where she raised issues of equitable distribution, alimony, counsel fees, and expenses. On July 10th wife moved for appointment of a Divorce Master. Pretrial statements were filed with Mr. Elicker on April 10th, 2002. A pre-hearing conference with the Divorce Master was held July 19th, 2002. A preliminary hearing with the Divorce Master was held October 1st, 2002. On August 19th husband filed this petition seeking to bifurcate the divorce. This Court set today's date for the hearing on husband's bifurcated petition. The extent of marital assets are $1700.00 escrow account, nominal cash values of several life insurance policies, and the following pension and retirement benefits. Husband's military retirement, husband's Lutheran Brotherhood Retirement Plan and deferred compensation plan. Husband's, C.J. Nolte employee benefit plan, wife's Johnson 401(k) and wife's Johnson and Johnson savings plan. Harry M. Leister, Jr., is valuing the pensions and retirement benefits. The hearing on equitable distribution in front of the Divorce Master is scheduled for January 16th, 2003, at 9 a.m. THE COURT: Ms. Male, are those 4 "C" 1 stipulations satisfactory? 2 MS. MALE: Yes, Your Honor, and just so the 3 record is clear, I would note that the facts as read by 4 counsel were essentially set out in paragraphs 1 through 15 5 of the Defendant's Motion To Dismiss or Continue The 6 Bifurcation, and were admitted in Defendant's answer to 7 8 that motion, which was filed today. THE COURT: All right. As you point out, 9 there is also a Motion To Dismiss or alternatively continue 10 hearing on the Plaintiff's petition for Bifurcation, which 11 was filed by the Defendant. The Motion To Dismiss is 12 denied, and I will take under -- 1'm sorry. The motion to 13 continue the hearing is denied, and I will take under 14 advisement the issues raised in the Motion To Dismiss. 15 Ms. Verney. 16 MS. VERNEY: Your Honor, I would call Carl 17 Richard Nolte. 18 (The testimony of Carl R. Nolte having been 19 previously transcribed, said transcript is filed and bound 20 separately.) 21 22 23 24 25 5 - , ~ -,~" ..t,; 1 2 3 4 5 MS. VERNEY: Your Honor, I have a witness that I would reserve for rebuttal, depending on Ms. Male's testimony from her expert. 'THE COURT: MS. VERNEY: All right. He would be by phone, however, 6 because of late notice. 7 8 9 10 THE COURT: MS. VERNEY: THE COURT: Your witness? Yes. All right. Ms. Male. MS. MALE: I call Sarah Heitzman-Nolte, 11 Your Honor. 12 Whereupon, 13 SARAH E. HEITZMAN-NOLTE 14 having been duly sworn, testified a follows: 15 DIRECT EXAMINATION 16 BY MS. MALE: 17 Q Ms. Nolte, you were here during the 18 stipulation of the facts -- 19 THE COURT: We need her full name and 20 address for the record. 21 MS. MALE: Yes, Your Honor. 22 BY MS. MALE: 23 24 Q A State your full name, please. Sarah Elizabeth Heitzman-Nolte. I live at 25 622 West Louther Street, Carlisle, Pennsylvania. 6 ~ 4 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~', 1 Q Ms. Nolte, you were here during the 2 stipulation of the facts read into the record by 3 Ms. Verney, were you not? A Yes. 5 Q And do you agree with the facts as she read 6 them into the record? A Q I do. Who lives with you at your home? A My son Andrew, when he's not at school. Q Where do you work currently? A I'm a Staffing Specialist at Manpower on Walnut Bottom Road. Q How long have you been employed there? A I started in July of 2000. A little over 2 years. Q Have you and Mr. Nolte been married throughout his military service career? A Yes, we have. Q Was he in the military before you married him? A Yes, he was. He graduated and was commissioned on June 7th, 1979, and we didn't get married until September 6th of 1980. So there was a short time in there before we were married that he was in the military. Q And from what period of time from 1979 7 " - ~. 1 forward was he in the active military? 2 A He was in the active military until the 3 spring of 1994. 4 Q And what happened in the spring of 1994? 5 A Well, essentially the way it works is that 6 he was passed over and so he didn't make his next 7 promotion, and he actually -- he left active duty. You 8 know, they asked him to leave. 9 And what did he do then after leaving the Q 10 active military? 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A He went to work for the Lutheran Brotherhood in Geneva, New York. That's when we were living in Geneva. Q At some point thereafter, did he enlist in the reserves? A Actually I had that date wrong. It was 1990 that he got out of the active military, and in 1994 he went back into the reserves when we lived in Buffalo, New York. So there's a time span of about 4 years that he was in the inactive reserves. Q And from that point until the time the two of you separated, was he in the reserves then? A He was in the active reserves from 1994 until the time that he left in September of -- February of 2000. Q During the course of your marriage, and 8 . .<< - ~ , 1 before you separated, did you, through your husband, 2 acquire information regarding benefits that accrue to you 3 as a military spouse? 4 A Yes. 5 What is your understanding of those Q 6 benefits, Sarah? 7 With the exception of the fact that there A 8 might have been a stop placed on retirements for the 9 military police at this point, when he's collected enough 10 points toward retirement and he has enough good years of 11 service and enough good -- enough time served, he can put 12 in what's called an intention to retire. 13 In other words, he puts in a paper that says 14 1'm intending to retire. 1'm not taking anymore active 15 reserve assignments, and I intend to retire. And at that 16 time then he designates who his beneficiary is going to be 17 or who will receive it, the retirement, should he -- 18 something happen to him if he dies, but he doesn't start 19 collecting his retirement until he turns age 62. 20 At that time, when he starts -- when he 21 starts collecting it, then obviously we would both have it 22 if we were married, but if we're not married, then I can 23 have a portion of it because the marriage has lasted for 20 24 years, and he has 20 years of service. 25 Q What is your understanding of your benefits 9 ~' ~ .~, I , , i I I i , ! 3 percent of the retirement. That has to be a part of the -1 I I I I I I 1 as a military spouse, if you get divorced? 2 A That I am entitled to 50 percent, up to 50 4 divorce decree based on what -- the information that I 5 found and that I understood, and that if it's not then we 6 can't go back and change it. So that would be not to my 7 benefit. 8 Q And is that essentially your objection to 9 Mr. Nolte's bifurcation petition at this point? 10 A Absolutely. Because that's still being 11 litigated, and we haven't come to any final conclusion on 12 that. We don't have all of the information back from the 13 military. 14 Q Do you have medical insurance through your 15 employer? 16 A Yes, I do. 17 Q Does that cover just you? 18 A Yes, ma'am, it does. 19 Q Are you and Mr. Nolte beneficiaries of 20 certain life insurance policies that you each have? 21 A To the best of my knowledge, unless 22 Mr. Nolte has changed the beneficiaries on those policies. 23 Q unless he's changed them, you still are. Is 24 that your answer? 25 A Yes. That's my answer. When he left I 10 , ~ I.. j ; 1 still was. If he's changed them he has not notified me of 2 that. 3 Q Okay. If, in fact, both of you are still 4 beneficiaries of your life insurance policies, is it your 5 understanding that entry of the divorce decree will 6 extinguish those rights also? 7 A Yes, it would because I would be listed as 8 spouse, and I am no longer spouse. And one of those 9 policies -- the point of having that policy also was that 10 if Mr. Nolte dies before he would start collecting the 11 retirement, then I would be entitled to nothing from the 12 military because in order to get that benefit he would have 13 to actually be collecting it. So at the time that he would 14 retire and begin collecting it, then that's when it becomes 15 available to me as well. 16 If he would die before that, then there is 17 no benefit. So the insurance policy was to cover that 18 time span, if something happened to him in that time span 19 that I would still have some kind of retirement benefit. 20 Q Are you entitled, as far as you know, Sarah, 21 to any benefits for PX, commissary, exchange, anything like 22 that by virtue of your status as a military spouse? 23 A It depends upon how long you're married and 24 how long his time of service is. I'm not really positive 25 about that one way or the other. Currently I have an I.D. 11 ~ 1 card. 2 Q What is your understanding of your ability 3 to use the I.D. card if the two of you are divorced? 4 A I would no longer have that I.D. card. 5 MS. MALE: Thank you. Cross. 6 CROSS EXAMINATION 7 BY MS. VERNEY: 8 Q Ms. Heitzman-Nolte, let me make sure I 9 understand your understanding of the military benefits. 10 You would not be entitled to any portion of his military 11 retirement that preexisted to your marriage. Is that your 12 understanding? 13 A It has to overlap. You have 20 years of 14 service overlapping with 20 years of marriage. 15 16 17 Q A Q Okay. Minimum. Okay. From 1990 to 1994 there was a lapse 18 in service, wasn't there? 19 20 21 22 23 24 25 A Right. Q So those 4 years wouldn't be counted? A He wasn't collecting points towards retirement at that point. It's done on a points basis. Q So if you delete those 4 years, you don't have 20 years, do you, of being married and overlapping service? 12 0" 1 A You have to have a 20 year marriage and 20 2 years of service. They don't necessarily have to overlap. 3 4 5 6 7 8 Q A Okay. I am entitled to 50 percent of the retirement. Q And does the 20 years end at your separation date? A No. 9 Q When he left the military in 1990, did he 10 withdraw $30,000.00? 11 A He didn't withdraw $30,000.00. He was 12 given a severance pay. It was not $30,000.00. It was 13 actually more like $24,000.00, and whether that has to be 14 paid back at this point, I do not know. All that would do 15 is they'll take out X amount. If his retirement benefit is 16 going to be $1200.00 a month, then they'll take out -- to 17 pay that back they'll take out like $200.00 out of that, 18 take 200 of it off until that 24,000 is paid back. 19 Q Let me understand, did you correct yourself 20 to say that he couldn't -- he couldn't receive retirement 21 until age 60? 22 23 24 25 A Q Sixty-two. It's not age 60? A Well, I thought it was 62, but maybe it's He has to put in his 20 year letter and state that 60. 13 1 2 3 4 5 6 7 8 9 10 11 12 13 14 he's eligible to retire, and at the time that he turns the age, I'm not a legal expert and I didn't write the laws regarding this, but I thought it was 62, but maybe it's 60. Maybe I'm thinking Social Security. Q Okay. Now, you talked about life insurance policies. Do you know the cash value of those life insurance policies? A I don't get the statements on his policies. Q They weren't listed in the divorce inventory that was filed? A I didn't review that before I came actually. I know that he has a loan on his policy. I'm paying back the loan on mine. Q And didn't that inventory also indicate who 15 the beneficiary was? 16 A It could have, but I didn't review that for 17 this. And he could have changed it. That was in June. 18 Q Now, you talked about the PX and the 19 commissary. How frequently do you use those benefits? 20 A I probably go to the commissary a couple 21 times a month, and I go to the PX probably once a week. 22 Q And the advantage to that? 23 24 25 A Q Price. It's less expensive. There's no tax. Isn't that the only difference? 14 j-- --I: 1 A No. It's less expensive too. The prices 2 are less, and there's no tax. 3 Q Now, you talked about your spousal benefits 4 to his retirement. Do you agree that if he's not 5 receiving retirement, then you're not entitled to -- 6 whether you were an ex-spouse or former spouse, you're not 7 entitled to anything? 8 A I don't understand the question. 9 Q I think you testified that that's why there 10 were life insurances in effect. 11 A There is no benefit until he starts 12 receiving it. 13 14 Q That was my question. So you agree that if he died today before receiving there is no 15 retirement, you wouldn't be entitled to any survivor 16 benefits? 17 A Ms. Verney, if your husband worked for the 18 State and he died before he started collecting his 19 retirement, you may not get any either. That's just the 20 way the military works, and that's why we have the life 21 insurance policies. 22 Q And so you would be protected in that event 23 if you were still listed as the beneficiary? 24 25 A But it's listed as spouse and former spouse. So I don't know. It depends upon how the wording is. I 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 ",~, would be protected what? Q If your name was listed as the beneficiary? A Of the life insurance policy? Q Yes. A Q Yeah. Okay. If that hasn't been changed. And the survivor benefit plan is not selected until he would actually apply for retirement? A No, ma'am. That needs to be a part of the divorce decree. The former spouse's protection act was very clear that in order for me to be the beneficiary of or to have the spousal protection act, in order to continue to receive the retirement, if he dies after he begins to receive the retirement, I have to be listed at the time that the divorce decree is entered. changed. That can't be Q It can be changed -- well, I don't want to argue law with you. A I've read it too. Q If there's a Qualified Domestic Relations Order ordering the military to list you as a survivor benefit. A It has to be entered at the time the divorce 23 decree is entered. 24 Q And that's your understanding from 25 discussing it with Ms. Male? 16 ~ -. 1 2 3 4 5 6 7 8 9 10 ',-:1-,< A Well, from discussing it with Ms. Male and from reading it myself and getting the law and reading it myself. It's pretty clear. MS. VERNEY: That's all I have. THE COURT: Ms. Male. MS. MALE: No other questions, Your Honor. THE COURT: You may step down. Thank you. THE WITNESS: Thank you. MS. MALE: Your Honor, may we have a five minute recess while I try to round up Mr. Leister? He was 11 to have been here by now. 12 THE COURT: Certainly. We'll take a brief 13 recess. 14 (Whereupon, a recess was taken at 2:22 p.m., 15 and court resumed at 2:54 p.m.) 16 AFTER RECESS 17 18 THE COURT: Ms. Male. MS. MALE: Your Honor -- thank you, Your 19 Honor. I call Harry Leister, Jr. 20 Whereupon, 21 HARRY LEISTER, JR. 22 Having been duly sworn, testified as follows: 23 DIRECT EXAMINATION 24 ON QUALIFICATIONS 25 BY MS. MALE: 17 1 2 3 4 5 6 7 8 10 :, Q A Would you state your full name, please? Harry Leister, L-e-i-s-t-e-r. Q What is your occupation? A I'm a consulting actuary. Q In that capacity, Mr. Leister, do you assess retirement and pension benefits in divorce cases? A Q Yes, I do. Have you been qualified as an expert in this 9 court in divorce cases? A Yes. 11 MS. MALE: Do you have any questions 12 regarding his qualifications? 13 MS. VERNEY: I do. 14 CROSS EXAMINATION 15 ON QUALIFICATIONS 16 BY MS. VERNEY: 17 Q Mr. Leister, I'm attorney Jackie Verney. I 18 represent Mr. Nolte in this matter. In your capacity as a 19 consulting actuary, have you had occasion to value military 20 pensions? 21 22 23 24 25 A Yes. Q Can you tell me how many? A How many? I guess maybe two to four dozen. Q And over what time period, sir? A The last 10 years. 18 1 Q Okay. Have you had occasion to deal with 2 the valuation of military pensions regarding the spouses in 3 the military service, the 20, 20 rule? 4 5 6 7 8 9 A Q Yes. And can you tell me how many of those you've dealt with? A No. Probably -- I don't know. Maybe half of those I've been involved with, something like that. Q And in any of those -- did you say two dozen 10 cases? 11 A Well, I don't have -- I don't really know. 12 All I know is that l've worked with military pensions 13 before, and I have valued them and I have prepared Domestic 14 Relations Orders, and I know I must have worked on at least 15 two dozen military pensions, and perhaps four dozen. 16 Q So it's now two to four dozen. Okay. 17 MS. VERNEY: That's all I have for 18 qualifications. 19 THE COURT: Ms. Male. 20 MS. MALE: Your Honor, I would like the 21 Court to recognize Mr. Leister as an expert in the area of 22 pension and retirement valuations and consulting actuarial 23 work. 24 THE COURT: Ms. Verney, do you have any 25 objection to that? 19 1 2 3 recognized. 4 DIRECT EXAMINATION ~-- 5 6 BY MS. MALE: Q MS. VERNEY: THE COURT: No objection, Your Honor. All right. He will be so Mr. Leister, did I retain you to investigate 7 and value certain retirement benefits in this particular 8 9 10 11 case? A Q A Yes. Is one of those a military retirement plan? Yes. 12 Q And is that a plan that Mr. Nolte, the 13 husband in the case, has acquired by virtue of his military 14 service? 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q Would you briefly explain, Mr. Leister, the type of benefit this is? A It's what we call a defined benefit plan. It's a plan under which he's promised a certain benefit in his particular case to start at age 60 based upon the retirement points he has accumulated and based upon the pay then for the job that he's in. Q Is that a plan that will pay him a monthly amount once the payments go into pay status? A Yes. 20 . ~ , ' - ~! 1 Q What happens to that military benefit if 2 Mr. Nolte dies before he retires? 3 4 5 6 7 8 9 A It will never be paid unless there's a survivor benefit. Q All right. And if there is a survivor benefit, what happens to the retirement plan? A Well, there's three different kinds of survivor benefits. He's covered under this reserved component. I think initially he had like about 10 or 11 10 years of active service, and then he's been in the reserves 11 since then. So like I mentioned before, his pension, 12 whenever it commences, will be based upon the retirement 13 points, and of course, when you're in active service your 14 365 retirement points a year. Typically in the reserves 15 it's like 75 to 90 or something like that a year. 16 Anyhow, under this pension he's covered 17 under, after completing 20 qualifying years -- and I've 18 been told by the military, I've called someone, and he told 19 me -- 20 MS. VERNEY: Objection, hearsay. 21 MS. MALE: Your Honor, any information that 22 Mr. Leister has acquired by virtue of either correspondence 23 or telephone contacts with members of the military would be 24 incident to his general practice in terms of valuing and 25 assessing pension benefits, and it certainly would qualify 21 ,~"" ~ 1 under a number of the hearsay exceptions, including the 2 business record exception. l'd be happy to lay more of a 3 foundation in order to get passed the objection, if 4 necessary. 5 THE COURT: You're not really introducing 6 it for the truth of the statement, aren't you simply saying 7 he normally in the course of his profession relies on this 8 kind of information to value pensions? 9 10 11 12 13 MS. MALE: That's correct, Your Honor. THE COURT: You wouldn't be admitting it for the truth of the statement? MS. MALE: THE COURT: That's correct, Your Honor. With that limitation, I will 14 overrule the objection. 15 16 BY MS. MALE: MS. MALE: Thank you, Your Honor. 17 Q Would you please continue, Mr. Leister? 18 A Yes. What I was saying is that as of April 19 of this year he had what is called 19 qualifying years. 20 At the completion of 20 qualifying years he can elect two 21 different survivor benefits. He can elect that if he dies 22 then there's an immediate benefit payable to the surviving 23 spouse or he can make another election that if he dies 24 before age 60, there would be a spousal benefit, but it 25 wouldn't be payable until he would have been aged 60. See 22 . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 1-_ -, - one is immediate. The other one starts at age 60. And then the other option is to not elect a survivor benefit to him until he's age 60. I think right now he's about 46 years of age. So roughly 14 years from now when the pension would go into pay status, then he could elect a survivor benefit also. If he didn't elect option B or E upon completion of 20 qualifying years. Q I want to make sure that I understand this point, Mr. Leister. Currently Mr. and Mrs. Nolte are still married. They have not been divorced. If they are divorced -- excuse me. If they are still married at the time that he puts in the 20 year election, does he have the right to have an immediate benefit to her as the surviving spouse? A Q Yes. Okay. And then would he also have the right to elect the payments -- the survivor benefit to start when he reaches age 60? A Yes. Q What happens to that survivor benefit if the parties are divorced before he makes that election? A Well, there isn't any survivor benefit. THE COURT: I'm sorry, I didn't hear that. THE WITNESS: There is not any survivor 25 benefit if there is not a spouse, and if there is not 23 :""'''~ ~; 1 deferred -- a domestic relations order in effect. 2 BY MS. MALE: 3 Q Now, if Mrs. Nolte were divorced by the 4 Court, and there were no ability to protect her survivor 5 benefit, would she lose her right to take any portion of 6 that benefit? 7 8 A Yes. Q As of today's date, Mr. Leister, have you 9 completed your assignment regarding the assessment of 10 Mr. Nolte's military retirement? 11 12 13 A No. Q Why not? A I didn't get the information I requested 14 from the military retirement system. 15 Q As soon as you do receive that, will you be 16 completing your report on all of the pension benefits? :1 I , ! 17 18 19 20 A Yes. Q Involved here? A Yes, I will. Q And is one of those pension benefits a 21 qualified plan through the Lutheran Brotherhood? 22 23 A Yes. Q Is there also a nonqualified plan through 24 the Lutheran Brotherhood? 25 .,;, ~ A Yes, there is. 24 I ' - 1 Q Could you explain briefly the difference 2 between a qualified and a nonqualified plan? 3 A Well, a qualified plan is one that is 4 qualified in Section 401(e)in the Internal Revenue Code, 5 and a qualified plan must permit the use of a Qualified 6 Domestic Relations Order to accomplish a deferred 7 distribution. And a nonqualified plan is not subject to 8 the Internal Revenue Code, and you don't -- it won't honor 9 a Domestic Relations Order relating to a deferred 10 distribution. 11 Q Now, as that relates to this particular 12 case, if Mr. Nolte has a nonqualified plan through the 13 Lutheran Brotherhood will Mrs. Nolte be able to receive any 14 portion of that benefit through a Domestic Relations Order? 15 A No, not under the unqualified plan. 16 Q If the Court enters a divorce decree with a 17 reservation of economic interests, will that extinguish her 18 right under that plan? 19 A Well, I don't know what you mean. I don't 20 know what you mean by that. 21 Q Is there any survivor component to the 22 qualified or the nonqualified plans, if you know? 23 A Well, I am almost -- I'm certain I have 24 information concerning the nonqualified plan in my file, 25 and I don't know. I don't know if there would be a 25 - h.~: , I I ~ 1 benefit there payable. 2 Q Okay. If there is a benefit payable under 3 either of those plans to a spouse, and Mrs. Nolte is now a 4 divorced spouse, will she lose that spouse status 5 6 7 8 A Yes. Q Of those plans also? A Yes. MS. MALE: Thank you, Mr. Leister. Cross. 9 CROSS EXAMINATION 10 BY MS. VERNEY: 11 Q Mr. Leister, I want to make sure I 12 understand what you testified to. Mr. Nolte wouldn't be 13 entitled to any military retirement until he's put in 20 14 years of service? 15 16 A That's right. Q And was it your testimony that he only, as 17 of April of 2002, had 19 qualifying years? 18 A That's what I was told, and I wrote to the 19 military retirement system to have that confirmed in 20 writing, and I didn't get an answer yet. 21 Q So by the information you have now, he's not 22 entitled to any retirement until next April? 23 24 yes. 25 A That's when he vests. We call it vesting, Q And so it just goes to include also that 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 know. ~1. 25 -* Mrs. Nolte presently has no rights to any retirement, including the survivor benefit election; is that correct? A Right now, that's right. Q And so it would -- it would be to her advantage to drag this divorce out until April of 2003? A It would be to her advantage to drag it out? Well, it might be to her advantage to if she were interested at all if there's going to be any kind of a deferred distribution where she might be provided survivor benefits, it would be worthwhile that that be done. And that could be done now, I think. Q Okay. Nothing prevents a Divorce Master from taking into consideration both the military pension value and this nonqualified plan, and issuing an order disregarding those to Ms. Nolte, but to substitute the value to Ms. Nolte; isn't that correct? A I think -- I don't quite understand your question. Q Well, I think you testified first that -- Mr. Nolte, his retirement right correct me if I'm wrong. now has no value? A Q That's not correct. It does have a value. Okay. What value does it have? If you A I haven't valued it yet, but obviously there 27 , "", 1 is a good probability that he'll earn enough points, as of 2 April of 2003, to vest, and there's a good probability 3 he'll live to age 60 to collect the monthly pension, and 4 that has a value. I mean if you went to an insurance 5 company and say I want to buy an annuity now of 200 or 6 $400.00, whatever, you start at 60, they would charge you 7 for that. 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Right. But when you value this pension, are you going to value it as of the date that you receive the information? A I'm going to value it as of the date that I do the evaluation yes. Q And if that date was today what value would it have? A I can't tell you that it would have a value. I mean I can do it on the assumption that he's going to have enough of retirement points as of April of 2003 to have the 20 qualifying years. Then I can calculate what the pension would be at age 60 based just on those 20 years, and then I can determine the worth for a male 46 of a certain dollar pension to start at age 60. Q Are you also aware that Mr. Nolte withdrew $30,000.00? A Yes, I am. Q Okay. Not 24,000? 28 ~. - ~ if . 1 2 3 4 5 6 7 8 9 10 11 12 13 14 J _.'~ .'M ': A Well, I thought it was 30,000. Q Twenty-four thousand may have been the after tax value received? A Well, I heard 30,000. Q Okay. by the military? A Again, that's one thing I went to the That information would be verified military about, about the payment and the amount, when it was paid, and how this will effect his monthly pension under the military retirement system. Q And again, if you had to value it as of today, the military pension, does it have any value? A Q Yes. What is it? You're telling me you don't 15 know that? 16 17 A Q I didn't -- You would to value it though you would 18 have to assume that he's going to live until April of 2003, 19 correct? 20 21 22 23 24 A Q A Q A Yes. And that he's going to continue service? Yes. At some point? Well, he's in the reserves, I think, and 25 earned -- but I wouldn't even take those retirement points "-' 29 - 1 2 3 4 5 6 7 8 9 10 11 - . ~i into account because again what I value is only based on the retirement points earned during the marriage. I believe his active service started like a year or so before they were married. So I won't take into account those retirement points, and I will only take the retirement points up until the date of separation. So I will calculate the portion of the monthly pension just attributable to those retirement points. Q And you're also aware that there was a four year break in service; is that correct? A I saw that. Yes. 12 Q Okay. Now, are you familiar with the 20 13 year 20 year rule for former spouse's benefits? 14 A Somewhat, yes. 15 Q And can you tell me what that is? 16 A Well, you have to have been married 20 years 17 and be in the service for 20 years. 18 19 20 21 22 23 24 25 Q And Mr. Nolte doesn't have that 20 years right now? A That's right. Q And in fact, the 20 years also for the former spouse, is that during the 20 years of military service? A Q That's my understanding. So the break of 4 years service and the 30 - J_ - 1 separation date only gives Mrs. Nolte 16 years? 2 A That's right. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q And under the survivor benefit plans, is she entitled to that benefit with only 16 years? A Oh, yes. Through the survivor benefit, to have benefits paid to an alternate payee from a military retirement system, the only thing that is required is that there be a 10 year military service and a 10 year marriage overlapping. The 20, 20, does not apply. The 20, 20 applies to other commissary benefits and health benefits. Q Okay. So under the 10, 10 rule, is it your opinion that Mrs. Nolte would qualify at this point? A Yes. Q But the retirement has not vested? A Q That's right. In your language? A That's right. Q So again if Mr. Nolte died today, God forbid, Mrs. Nolte would not be entitled to anything? A Well, if he died today there -- and there were deferred distribution, in fact she would never get the benefit. Q Okay. My question that you had trouble understanding, let me rephrase it. If you have a value of a military pension that you're going to arrive at, you're 31 1 2 3 4 5 6 7 8 9 10 11 12 ~ going to have a value of this nonqualified plan, and let's assume a divorce decree is entered, nothing prevents the Divorce Master from still equitably distributing the assets that include the values of those two retirements; is that correct? A Q That's correct. Well, that's true. Okay. Even if a divorce decree was entered and she may not have any legal rights to those benefits if a decree of divorce is entered, prior to equitable distribution? A will you say that again? THE COURT: Maybe it would help, Mr. 13 Leister, if we explained that the proceeding today is on a 14 motion to bifurcate the divorce so that the divorce decree 15 could be entered at this time, but the equitable 16 distribution decree could be months or even years down the 17 road. So that's the context in which Ms. Verney is asking 18 the question. 19 20 21 22 23 24 25 THE WITNESS: Can that be done? BY MS. VERNEY: Q Yes. A Yes, that could be done. Q Okay. So she would still be protected? economic rights would still be protected through the equitable distribution? Her 32 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 "I" ~ ] L' . ~. ~ A It could be except she could lose out on having survivor benefits. Q But you will have a value on that, won't you? A I will have a value on that? Well, I can value survivor benefits, but if she's not going to be provided any survivor benefits, I don't quite -- I will have a value of the survivor benefits. Well, I guess -- let me put it this way. If we're talking about say now April of next year when he presumably will have 20 qualifying service years, at that time he can elect certain survivor benefits, and -- and if he's married he can elect the spouse benefits. If he's not married he can't elect those, and he gets a window. He gets a letter within 30 or 60 days that he has 30 days to elect it, and if that's not exercised, he can never elect a survivor benefit. So that's -- that is 19 the option, Band E, the ones that will go into effect if 20 he died before he was age 60. He would still have the 21 opportunity at age 60 to elect survivor benefits. 22 Q But he doesn't get that election by law 23 until April of 2003? 24 25 A Q That's right. Okay. 33 - ="~" 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 --/-<. A On completion of 20 qualifying years, yes. Q Okay. Do you know how the army -- what document the army uses or any military -- branch of military service uses to payout that retirement? And maybe -- A I don't know what you mean. Q I'll give you a hint. Is it the divorce decree or is it a Qualified Domestic Relations Order that the military would make out certain payments? A Oh, you mean -- now you're talking about deferred distribution where some payments of the military retirement system -- Q Yes, sir. A Basically it's a Domestic Relations Order. MS. VERNEY: That's all I have. THE COURT: Ms. Male. MS. MALE: Thank you. REDIRECT EXAMINATION BY MS. MALE: Q Mr. Leister, the military pension that you have described here, the defined benefit plan, is this a similar plan to the State employees plans where members must complete a certain number of years of service, at which point they are eligible to have payments made to them? 34 . 6 7 8 9 10 11 12 13 14 15 16 ~ 1 A Yes. 2 Q And does the fact that Mr. Nolte right now 3 -- does the fact that he hasn't yet reached the 20 years 4 for electing the surviVor benefit change the fact that his 5 pension benefit has a value currently? A Q No. Okay. Is it the present value of that benefit that we have asked you to assess for divorce purposes? A Yes. Q And if, in fact, we have to defer the distribution, is there any way, other than the survivor benefit process that you have described, to protect Mrs. Nolte's ability to collect that? A Q I wouldn't know how. If Mr. Nolte were to be divorced, which he's 17 asking the Court to do, to enter a divorce decree now, and 18 have the economic issues reserved later, if he remarries, 19 what effect, if any, does the remarriage and the new spouse 20 have on Mrs. Nolte's survivor benefit? 21 A Well, I think he would be eligible to name 22 her as the beneficiary of the survivor benefit, and you can 23 only have one survivor benefit. I mean survivor benefit 24 for one person. 25 Q Okay. 35 ~ ~ . ~ .~~ 1 A If the former spouse is covered, and you get 2 married, the new spouse cannot be covered at all for the 3 benefit. 4 5 6 7 8 9 10 11 12 13 14 Q But if he's not able to cover Mrs. Nolte currently, and he remarries and has a new spouse, and he names that new spouse, will that eliminate Mrs. Nolte's ability to collect that retirement benefit? A To collect surviving spouse benefit, yes. Q Surviving spouse benefits? A Yeah, she can still share in the monthly pension when it started, if there's a Domestic Relations Order put into effect. MS. MALE: Thank you, Mr. Leister. THE COURT: Ms. Verney. 15 RECROSS EXAMINATION 16 BY MS. VERNEY: 17 Q Mr. Leister, when we're talking about 18 survivor benefit, he doesn't necessarily have to name the 19 20 21 22 23 24 25 Can't he elect a son, say? A Yes. There is a provision for naming a child under the age of 18 or 18 to 22 if they're in spouse. college, yes. Q Okay. Are you familiar at all with commissary or PX benefits? A No. 36 ~ ~~ ~ ~" ,-- " 1 Q Again, sir, 1'm not sure you understand. 2 We're asking to bifurcate the divorce today by entering a 3 divorce order, but to reserve all economic issues for 4 consideration in front of the Divorce Master. And, again, 5 my question is, all of the economic issues that Mrs. Nolte 6 may have, is it your understanding they could still be 7 dealt with in equitable distribution? 8 A All except perhaps survivor benefits. I 9 mean, yes, you can share in the monthly pension, and I 10 don't know if there is any survivor benefits under this 11 nonqualified Lutheran Brotherhood plan, but if there is, 12 she would be precluded from benefiting from those. 13 Q But, again, in equitable distribution, 14 wouldn't the value of those benefits be considered by the 15 Master in his ultimate distribution? 16 A Yes. If survivor benefits were going to be 17 provided, I would value those. I would value his pension 18 and all so that all that information would be available to 19 divy up the assets, yes. 20 Q And again, right now Mr. Nolte is not 21 entitled to any survivor benefits; is that correct? 22 A Right now he cannot elect any survivor 23 benefits, yes. 24 25 MS. VERNEY: That's all. THE COURT: Ms. Male. 37 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 you need? " - . , - 24 ~~~ MS. MALE: THE COURT: Nothing further, Your Honor. All right. Thank you, Mr. Leister very much. May Mr. Leister be excused? MS. VERNEY: Yes, Your Honor. MS. MALE: Your Honor, I would like Mr. Leister to wait, if there's going to be rebuttal testimony. THE COURT: Does that conclude your presentation, Ms. Male? MS. MALE: Yes it does, Your Honor. THE COURT: Ms. Verney. MS. VERNEY: I don't have any rebuttal, Your Honor. THE COURT: All right. Did counsel wish for a period within which to submit briefs on the question of whether any case law can be found on this subject? MS. MALE: Yes, Your Honor, I would appreciate an opportunity to research that issue. MS. VERNEY: Your Honor, I would ask also to do the same, but I would ask that it be a short time, maybe 5 days. THE COURT: Ms. Male, how many days would MS. MALE: Could we make it due a week 25 today, Your Honor? 38 ~~ -" .. ".' .. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ~. ',- THE COURT: Sure. We'll enter this order: AND NOW, this 2nd day of December, 2002, upon consideration of Plaintiffls Petition To Bifurcate Divorce and of Defendant's Motion To Dismiss Plaintiffls Petition for Bifurcation, and following a hearing, the record is declared closed, and the matter is taken under advisement. Pursuant to a request of counsel, counsel are given 7 days from today's date within which to supply memoranda containing such case law, from Pennsylvania or other State or Federal jurisdictions, on the issue of the disadvantage, if any, to the Defendant which might arise from a bifurcated divorce with respect to the Plaintiff's military pension and a certain nonqualified pension plan. Is that order satisfactory to counsel? MS. MALE: Yes, Your Honor. MS. VERNEY: Yes, Your Honor. THE COURT: Okay. Thank you, and court is adjourned. (Whereupon, the proceedings concluded at 3 :28 p.m.) 39 - ? ... ... CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. ~;;~ Michele A. Eline Official Court Reporter The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. gv1;> 1 I'll 2-0 e <-. Date J esley Ole N th Judicial 40 _ .'l?' d/~JL,<:' 1i1,,4 /lc.,'/-<:'/1...<1:." otf6,." -, ' , ::,.,:.j , ! ~i I . CARL RICHARD NOLTE, PlaintifflPetitioner vs. , : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW (") C ?~. o 0) ...,.., ,-:-\ SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM DefendantlRespondent -ot;.", reI[" .~~:,: 0> s-c..c s:. z\i', :Pc: ~\ ...-.: PRAECIPE TO WITHDA W MOTION FOR RECONSIDERATION r;J : IN DIVORCE TO THE PROTHONOTARY: Please withdraw Plaintiffs Motion for Reconsideration in the above captioned matter. cc: Theresa Barrett Male, Esquire ,;, j~.0 , acq eline M. Veiney, Esquire #231 44 S. Hanover Street Carlisle, P A 17013 (717) 243-9190 Attomey for Plaintiff . - ~ n ~(1 .~~ '-~~, ,.-" '-'".' .-,-,,'. C? )'1::; '"', l.) ~<'-fn C;Jl :ss :< o {,:J ,- _'r . h_ ,'~ -<, ',."" ^ "'" CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE,: Defendant NO. 00-3382 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 14th day of February, 2003, upon consideration of the praecipe to withdraw motion for reconsideration filed on February 14, 2003, the hearing previously scheduled for April 23, 2003, is cancelled. BY THE COURT, ~acqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ;> L Ci/l'~~d 11 R l<S o {). - J 9 -03 /Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, P A 1710 1 Attorney for Defendant :rc ~ . ' F-jL~D-()~::r'!C\: OF 1:-:~\\::1Tt\..RY 03 FEB I 9 Pi" 2: It:; i . I _ ... CUM~~E>L.\'~U :~,0Ui\jTY PEr11\SYLVANIA n ~w o_,,",,"!_,,,..t,,,,,,.,,.,..~~-" ~=""'~', --~,fil!Ii!' -~~~~~~~~~~ !!tl'__ ~ ~'i~. CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-3382 CIVIL TERM CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE IN RE: TESTIMONY OF CARL RICHARD NOLTE Proceedings held before the HONORABLE J. WESLEY OLER, JR., J., Cumberland County Courthouse, Carlisle, Pennsylvania, on December 2, 2002, in Courtroom Number One. APPEARANCES: Jacqueline Verney, Esquire For the Plaintiff Theresa Barrett Male, Esquire For the Defendant l l il ~ " ,I", -~,~ (.....r- 1,):- FHID--O::F!CE "fJ'C!\'C!1I\RY 03Ji1N30 A1ill:fl7 CU' 00" ' ..... .. Q'UN'r\J ~Vlbtl+....r\i'i.....; l} I I I I PENI\lSYLVANIA ,-- ",'"'' .. 1- ,,- _.,--".,,,,~- . -.-~ "-,,-,="~ .~ ,~. '~""J--'_ , ",', U~~~~'~IhI1'~ -..,. _ (~_U. '1 ". p'~-~~'~' ",IL~ ' FOR. THE PLAINTIFF Carl R. Nolte ~ " ' "'" \, INDEX TO WITNESSES DIRECT CROSS REDIRECT RECROSS 3 7 10,13 11 2 -'"""""-= =~ ,- -~-'~,; , I I I I ! 1 Whereupon, 2 CARL RICHARD NOLTE 3 having been duly sworn, testified as follows: 4 DIRECT EXAMINATION 5 BY MS. VERNEY: 6 7 8 9 10 11 Heitzman-Nolte? 12 13 14 15 Q will you state your name, please? A Carl R. Nolte. Q And your address? A 306 Cranes Gap Road in Carlisle. Q And you are the husband of Sarah E. A Yes. Q When were you married? A In September of 1980. Q And do you recall when you filed the divorce 16 complaint in this case? 17 18 19 wife? 20 21 22 23 24 25 A It was in June of 2000. Q Do you recall when you separated from your A It was the 23rd of February of 2000. Q Are there any children of this marriage? A Yes. Q Can you identify them? A Andrew Nolte. Q And how old is Andrew? 3 1 2 3 4 5 6 7 8 ~ _~ '^. _ "_,_ ,,~."_L' r~'Cd ",,..,;_,i~.' . ~". A Q A Q A Eighteen. What's his date of birth? The 8th of August, '84. And is he presently a college student? Yes, he is. And where does he attend school? Messiah College. And how is he attending Messiah? Q A Q 9 A He has scholarships and grants to pay for 10 all of the college expenses. 11 Q Okay. Do you pay child support to A.J.? 12 A No, I do not. 13 14 support? 15 16 17 18 19 20 21 22 23 24 25 Q Was there a petition to extend child A Q A Q A Q A Q A Q A Yes. And do you recall what happened there? It was denied, and it is in appeal. There are exceptions pending? Yes. Okay. Do you pay spousal support? Yes, I do. How much do you pay? $882.00 a month. And are you current with your payments? There are some arrears because of the 4 ~. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 . - ~, conflict with the child support, and I'm paying an extra $120.00 a month to pay up the arrears. Q And how much is the arrears, if you know? A $750.00. Somewhere in that range. Q And you're paying an extra $125.00 a month to pay that down? Company? A Q A Q A Q A Q A Q A Yes. And is that pursuant to a court order? No. You're doing that voluntarily? Yes. when did you start doing that? This month. December? Yes. Okay. How are you employed? I work for C.J. Nolte Company, and I'm in 18 the army reserves. 19 20 21 22 23 24 25 Q Okay. What do you do for C.J. Nolte A I'm a sales representative. Q And is that your company? A No. Q Who owns that? A It's owned by my sister. 5 ~O. ~ 1 Q 2 3 4 5 6 7 8 9 10 11 "IL _~ ~ ,~ Okay. Do you have health insurance? A Q A Q A Q A Yes, I do. How do you have health insurance? Through C.J. Nolte Company. And do you carry A.J. 's health insurance? Yes, I do. And is that through C.J. Nolte also? Yes, it is. Q A Q And will you continue to carry that? Yes, I will. Does your wife, if you know, have her own 12 health insurance? 13 14 l5 16 A Q As far as I know, yes. And that's through her employer? A Yes. Q Now, you filed to bifurcate the divorce 17 proceeding. Can you tell me why you did that? 18 A I wanted to get on with my life. I would 19 like to get remarried, and if I can do that before the end 20 of the year there's certain positive tax consequences to 21 that. 22 23 Q Now, a question has been raised concerning your retirement from the military. Can you retire from 24 the military right now? 25 A No, I cannot. 6 __ON'_ 1 2 ~ -,~ tJt_- Q A Can you tell me why? I'm a military policeman, and my specialty's 3 in short supply in the military, and they put stop laws on 4 all military police officers enlisted. So none of them 5 can retire until their mandatory retirement date. 6 Q And what is your mandatory retirement date? 7 8 9 A Q A 2009. Now, are there exceptions to that order? The only exception would be if there was 10 some sort of handicap or injury in which I couldn't perform 11 the duty anymore. 12 Q And then you would be discharged from the 13 army? 14 15 16 17 18 19 20 A Yes. MS. VERNEY: That's all I have. THE COURT: You are in the army reserves? THE WITNESS: Yes, sir. THE COURT: And what is your rank? THE WITNESS: I'm a colonel, sir. THE COURT: Let's see, Ms. Male. 21 MS. MALE: Thank you, Your Honor. 22 CROSS EXAMINATION 23 BY MS. MALE: 24 Q You had been on active duty at some point 25 during the year 2002; is that correct? 7 . I ~. ,-. ~'-~ ~ r f 1 A That's correct. 2 Q And currently you are -- are you just on 3 reserve duty? 4 A Correct. Q A Q A Q any time in A Q 13 to work for C.J. Nolte Company in your civilian job and do 14 your reserve training once a month? 15 A As far as I know right now, that's the way 16 it will be. 17 Q Now, you testified, Mr. Nolte, that you 18 currently are paying support to your wife of $882.00 per 19 month? 20 A Correct. 21 Q And you are aware, are you not, sir, that 22 those payments, because they are made subject to a court 23 order, are treated as alimony for federal income tax 24 purposes and deductible to you; is that right? 25 A Yes. 8 9 Q You indicated that you want the case 10 bifurcated so that you can get remarried; is that correct? 11 12 13 14 15 16 ,'c,,_' 17 18 " ~~ j. 1 Q And that tax deduction for those payments 2 will continue for you whether you are remarried or not; 3 isn't that correct? 4 A As far as I know, yes. 5 Q The fact that you would get remarried 6 doesn't change the fact that you can deduct those payments 7 on your tax return, does it? 8 A As far as I know, that's correct. A Yes, ma'am. Q Have you set a wedding date? A Not yet, ma'am. Q Are you currently living with the woman that you intend to marry? A No, I'm not. Q And is there any type of a deadline that you have with respect to a remarriage? For example, are you 19 expecting a child with this woman? 20 A No, I'm not. 21 Q So there is no deadline coming up that you 22 need to meet in order to be remarried; is that right? 23 24 no. 25 A Not that I -- as I understand the question, MS. MALE: Nothing else, Your Honor. 9 ~._- 1 2 - THE COURT: Ms. Verney. REDIRECT EXAMINATION 3 BY MS. VERNEY: 4 Q Mr. Nolte, the deployability for the 5 reserves the last time you were deployed to active duty, 6 how much notice did you receive? 7 8 A Q A week. The conditions that led to that deployment, 9 do similar conditions exist now? 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A They're actually more heightened now than they were at that time. Q And why is that? A Because of the current situation in Iraq. Q And you did mention in your direct examination that military police only received that stop order? A There are other specialties. Military police is one of the first. Engineers, special forces. There are some other specialties in the military that has the stop laws. Q And if you are deployed, do you know, would it be back to Washington as before? A Probably not. Q Where would you be deployed? A I could only guess, but it would probably be 10 - ~~ ~>r 1 overseas. 2 Q And what do military police do during a war 3 action? 4 A My specialty is internal resettlement, and 5 what we do is we run prisoner war camps, detention camps, 6 and resettlement camps for refugees. 7 Q Now, in your response to Ms. Male regarding 8 the deadline through your marriage, is there a deadline in 9 your mind? 10 A We would like to be able to file joint taxes 11 this year. So in my mind that would be a deadline. 12 Q And in the event that you were deployed, 13 would you like to get married before the deployment? 14 A Yes, I would. 15 16 MS. VERNEY: That's all I have. THE COURT: Ms. Male. 17 RECROSS EXAMINATION 18 BY MS. MALE: 19 Q Mr. Nolte, the one week notice of your 20 deployment to Washington that you've just testified about, 21 that was a voluntary deployment, was it not? 22 A That's correct. 23 Q So the one week notice really doesn't mean 24 anything. You volunteered for that duty; isn't that 25 correct? 11 1 A In that case, but there were other one week 2 notices at the same time that were not voluntary. 3 4 voluntary? 5 6 Q In your particular case, however, it was A Q Correct. And just so I understand your testimony, 7 regardless of your counsel's questions, you are under 8 absolutely no notice from the government about being 9 deployed anywhere at this point; isn't that correct? 10 A That is correct. 11 Q Your unit is being disbanded, the unit to 12 which you are currently assigned? 13 A It will be deactivated in 2003. However, 14 they brought some units back in Desert Storm that had 15 already been deactivated. October 2003. 16 Q You've indicated that one of the other 17 reasons you wanted to get divorced is to file a joint tax 18 return with your new spouse. You have a house; is that 19 correct, sir? 20 21 22 23 A Q A Q Yes. And a mortgage? Yes. And you, therefore, have an ability to take 24 a deduction for your mortgage interest on your tax return; 25 is that correct? 12 ."",.....~ ~".~ 1 A Yes. 2 Q So in addition to the alimony deduction that 3 you already have, regardless of whether you would be 4 married or not, you also have a favorable tax situation by 5 virtue of owning your own home; is that correct? 6 A I have a home that I can deduct the interest 7 on, yes. 8 Q And neither of those are contingent on your 9 remarriage; is that correct? 10 A That's correct. 11 12 13 14 15 16 17 18 MS. MALE: No further questions, Your Honor. MS. VERNEY: Just one, Your Honor. REDIRECT EXAMINATION BY MS. VERNEY: Q Your tax advantage, is that -- well, explain to me why you think there's a tax advantage to remarrying and filing jointly. A Well, I would be filing single if I did not 19 remarry, and there's a there's higher tax burdens. I'm 20 in a higher tax bracket. Those types of things. 21 MS. VERNEY: That's all I have. THE COURT: MS. MALE: THE COURT: Ms. Male. Nothing further, Your Honor. How did you file your return 22 23 24 25 last year? 13 .,- "- "'"M 1 2 3 4 5 THE WITNESS: Single. THE COURT: Married filing separately? THE WITNESS: Yes. THE COURT: You may step down. THE WITNESS: Thank you. Thank you. 6 (Whereupon, the testimony of Carl Richard 7 Nolte concluded.) 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 14 . "- CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the above cause, and that this is a correct transcript of same. /72 ' (t ,~0 / Michele A. Eline Official Court Reporter ;1~ The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. 'J vI? "Sc I 2.c, 0 :s. Date . esley Ol~: Jr. , . th Judicia~ District 15 :,;.-'<.:.,- "-',;;><;.0".",,, ' _,~ ~ . -.~iil':Il:;l\L~~;jj~1~~1l1~ '~ .. ~ ;,~ -, ~ '-' 1..,.- . _ _ ,_~, ",__ --,-, ..,n",' ,,- ""'J:lIAIIl'~":"" oCi ..~ 0 r.:J f,~tO "", ~. c"J- '1 "'tJ tTJ ..,,~ m r: .'~" '+."t!1 ~p:; ::..::":: (r1-;e.~ ',0- (.A) -'"'""~1 (;) .1-- ''::::> ,:~~ -~6 <~":-) ''0 ~:~~ ()T1 )>C} . , ;:;AA c VJ '-~ Z -~'.. .:::!. :n )" ..,... :u -< flj . _~ I 0... >- .~ , CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE,: Defendant NO. 00-3382 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 24th day of January, 2003, upon consideration of Plaintiffs Motion for Reconsideration and Defendant's Answer to Plaintiffs Motion for Reconsideration, a hearing is scheduled for Wednesday, April 23, 2003, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, P A 1710 1 Attorney for Defendant , \~~ / J.;t'f.03 Ch :rc l I -",= _T._~ C /il!:.) ')- ..,., ...." "., ,.... 'F ,i I,.~ "'''. f ",~rf'r: " r'<r F'(~'r"'::.":; fv~ . .'" i/ONOTAFlY 03 .JAN 2(, , . PH 2: I 0 ....u ~ i\Jt&~~~~ eN,DUN/Y 1..'/1 !4 .'. m. Ji",?""",,~~~I!i.~"~....."''''''~~__~ .,I[1JiI_'_"""""o~_,r""" 4!!I!. ,~J=""O:'!<i.'l'''''I_'fii;~,,">lW;;W~~lH!l;!iil!lj~!'l1i!.U~~!!!/lI~' ji.- ~ . ~" ltj , ~ ".- -. JAN 1 0 2003 U Theresa Barrett Male Supreme Court # 46439 513 North Second Streel Harrisburg, PA 17101 (717) 233-3220 Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO. 2000-3382 SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, January , 2002, upon consideration of Plaintiffs Motion for Reconsideration, and Defendant's Answer, the Court DENIES the motion. BY THE COURT: J. Wesley Oler, Jr., J. Distribution: Jacqueline Verney, Esquire, 44 South Hanover St., Carlisle, PA 17013, Attorney for Defendant Theresa Barrett Male, Esq., 513 North Second St., Harrisburg, PA 17101, Counsel for Plaintiff ~~L...~~ "\li~^j , .. ... ~ JAN 1 0 2003 u Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Counsel for Defeudant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CARL RICHARD NOLTE Plaintiff v. NO. 2000-3382 SARAH E. HEITZMAN-NOLTE Defendant CIVIL ACTION - DIVORCE ANSWER TO PLAINTIFF' S RECONSIDERATION MOTION 1. Admitted. By way of further answer, the order speaks for itself. 2. Admitted. By way of further answer, the order speaks for itself. 3. Admitted. 4. Admitted. 5. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and therefore denies this averment. By way of further answer, Defendant believes and therefore avers Plaintiff testified at the bifurcation hearing that he and his paramour had not set a wedding date. Additionally, even assuming, arguendo, that the court had granted Plaintiff's bifurcation petition, Defendant would have been entitled to fIle an appeal to the Pennsylvania Superior Court, which appeal would have stayed entry of the divorce decree. Plaintiff therefore would not have been able to marry anyone because he and Defendant would still have been married. .'" "~" , << . q 6. After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of this averment, and therefore denies this averment. By way of further answer, Defendant incorporates by reference the averments set forth in the preceding paragraph. 7. Defendant admits that the parties have lived separate and apart since 2000. Defendant denies any implication that the length of the separation is attributable to Defendant. By way of further answer, Defendant is the party who filed the economic claims and the motion for appointment of the master, thereby moving the case forward even though she is not the plaintiff in this matter. 8. This paragraph states a prayer for relief to which no responsive pleading is required. Wherefore, Defendant respectfully requests the Court to deny Plaintiff's motion for reconsideration. Theresa Barrett Male, Esqu e Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Plaintiff Date: January 9, 2003 2 ~ 4 .. PROOF OF SERVICE I hereby certify that I am this day serving the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements ofPa. R.C.P. 440: Service by first-class mail addressed as follows: Jacqueline Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~dL- Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January fa ,2003 l,~.._~", '-' -,,,,'- o...-,.j;-' ~ij~ ~"'~~ . ~. . . , " ",., (') '-' () c: ~; ~n 02'" (- v(i':: DJl7:! ::;:: "];- ~_.; ..>- ,-" f.?" iTl C) D ! '-; ~) ]:.>0. " -c_ t.~ -- :::;? (~)i j;;, 9:-' r~,-'r>1 c: '-' '.:z:- I\v j;! =< ::0 -< - , CARL RICHARD NOLTE, Plaintiff v. I". , .. ,.. "" , "'>~-" -". ,; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE,: Defendant NO. 00-3382 CIVIL TERM IN RE: PLAINTIFF'S MOTION FOR RECONSIDERATION ORDER OF COURT AND NOW, this 9th day of January, 2003, upon consideration of Plaintiffs Motion for Reconsideration, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 15 days of service. V'Jacqueline Verney, E~q. 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ..; Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, P A 1710 1 Attorney for Defendant :rc BY THE COURT, J. ;> L apun aJ.J... f1p'"XS o I - } 3 - 03 ;J. I'~ , -~, "-- ""'"'~-,.-"'" , r'." ,)I"' 0" 1'1' /" J >, I;,)':,' -J !i,)L,\ny ""-" ~.. ,'-; , " 3: 0;' '"Iry CU'''''' ."" Y ,.!I;'~'-"~; '_" 1,"[ L' 1,-1'1 i "'~~'_.1 ,,,,_! ~ ...!,_)V," ! PENNSYlYAhM ,_mllll! .,~"_.,,.,..-J-''''-'\l~~IlI. """'""'1"'~~~~I!BI:--p.Il!!Tl-!!l!)I - ~~ "f~ ~~~.~ ~ - 'b"'I~~t"" , CARL RICHARD NOLTE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM DefendantJRespondent : IN DIVORCE ORDER OF COURT AND NOW, this day of , 2003, upon consideration ofthe within Motion for Reconsideration, Petitioner's Petition for Bifurcation is hereby granted. BY THE COURT, J. cc: Jacqueline M. Vemey, Esquire, for Petitioner Theresa Barrett Male, Esquire, for Respondent ,~ ~~. - "'""..lUiH,,,,: CARL RICHARD NOLTE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant/Respondent : IN DIVORCE MOTION FOR RECONSIDERATION AND NOW, comes the Plaintiff, Carl Richard Nolte, by and through his attomey, Jacqueline M. Verney, Esquire, and represents the following in support of his Motion for Reconsideration: I. This Honorable Court denied Plaintiff/Petitioner's Petition for Bifurcation on December 12. 2002. The Order of Court is attached hereto as Exhibit "A". 2. Said Order of Court denied the Petition for Bifurcation "without prejudice to Plaintiffs right to refile the Petition ifthe case is not promptly resolved following a Divorce Master's hearing on scheduled for January 16,2003. 3. On January 2,2003, the Divorce Master's office contacted counsel for the parties and advised that the January 16, 2003 hearing needed to be rescheduled due to the unavailability of the Divorce Master on January 16, 2003. 4. The next available date for the hearing is February 13,2003. 5. As a result of the Order of Court of December 12, 2002, Plaintiff was required to reschedule his wedding plans. 6. As a result ofthe rescheduling of the Master's hearing, Plaintiff will need to ---------- ~~~ <,- ~~ -~= - ~~ reschedule his marriage plans again. 7. The parties have lived separate and apart since February 23,2000. By the time the Divorce Master's Opinion is rendered, the parties will have been separated in excess of three years. 8. Petitioner wishes to have the marriage terminated at this time and without further delay. WHEREFORE, Petitioner requests this Honorable Court reconsider the denial of the Petition for Bifurcation. Respectfully submitted, {-3-03 M.~ J que eM. Vemey, Esquire #231 44 S. Hanover Street Carlisle, P A 17013 (717) 243-9190 Attomey for Plaintiff 2 __, ...b'.c-",~illIllil"I!'M.d;a~lill~IWlY:lIiIllillill~-""'" """""''''''........g..,. ~ ~ ~~ .~""""'. ~~,~ '-t_lf:~'~&.>liiffij;_~!~~""",,,,""<B!"""':-,'='~"'-' v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PI::NNSYL VANIA CIVIL ACTION - LAW CARL RICHARD NOLTE, Plaintiff SARAH E. HEITZMAN-NOLTE,: Defendant NO. 00-3382 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR BIFURCATION BEFORE OLER, J. ORDER OF COURT AND NOW, this 12th day of December, 2002, upon consideration of Plaintiffs Petition for Bifurcation, following a hearing held on December 2, 2002, and the court being in receipt of briefs submitted by counsel, the petition for bifurcation is denied, wi$out prejudice to Plaintiffs right to refile the petition if the case is not promptly - - . ' , ' resolvedJol1q)Ving a Divorce Master's hearing scheduled for January 16,2003., BY THE COURT, J. Theresa BarrettMale, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Plaintiff ueline Verney, Esq. South Hanover Street Carllsle, PA 17013 Attomeyfor Defendant :rc JI, ~o- - ~""""~~ ~ -i",-, VERIFICATION I verify that the facts included in the within Petition are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated: (- 3 -03 A, -,. - - . ..\<lh'" CERTIFICATE OF SERVICE I, Jacqueline M. Vemey, Esquire, hereby certifies that a true and correct copy of the foregoing Motion was served upon the following on the date indicated by the following means: United States First Class Mail, Postage Prepaid Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Date: /-3 -03 acq line M. Vemey, Esquire #231 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attomey for Plaintiff ,'~~ ~Il!UlEllfifiY~'''" ~ "'--"""'"'~lIWIIiIill'lllr~ ".- ."'-""1""' "~---..,.~ "" ,. ~, "". ^ (') ~ uQl ~;:~:~ ~'~, S:'~7 r:f-"; :'<:....... ;}::,--, ~CS Pc ~ -<: ~- o <.,,:; o " -~,j ~-;iF -~'l b ;'~Q is j;j zv C)']~ ~ :0 -< :1',',11:1 .d:- , G) -0 3': ~] ',"", (P . ~--O...." CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 00-3382 CIVIL TERM CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, Defendant IN DIVORCE IN RE: PETITION TO BIFURCATE/MOTION TO DISMISS ORDER OF COURT AND NOW, this 2nd day of December, 2002, upon consideration of Plaintiff's Petition To Bifurcate Divorce, and of Defendant's Motion To Dismiss Plaintiff's Petition for Bifurcation, and following a hearing, the record is declared closed, and the matter is taken under advisement. Pursuant to a request of counsel, counsel are given 7 days from today's date within which to supply memoranda containing such case law as may be found, from Pennsylvania or other state or federal jurisdictions, on the issue of the disadvantage, if any, to the Defendant which might arise from a bifurcated divorce with respect to the Plaintiff's military pension and a certain nonqualified pension plan. By the Court, J ~acqueline M. Verney, Esquire For the Plaintiff :mae >L~.~ 1ft ~X 5 J~-3-0~ /Theresa Barrett Male, Esquire For the Defendant ~ I I " _,~ _ ' .. , ",>C_' , ' d'_ ,.,,".'~ n'. _r ;:j,l"EtJ.,cr-FfCE "''''>J~!'I(I~lf,I''\I ,. !. , ";"-' \f,,,, r~f11 GIZ Dr:r .-:' '~h'! J: I f:I ' . C_"- j rlf ... CUM:;.'" "),, "('IU'J~Y ; ".-t~,; '-p-'. 'J I " I' ' "~"'-' ''''' ,. ~ V",-, I f PENNSYLvA!IJ!4 117 Il.lll!i!Wl~l!l#'l':" _~i~~ ,~,., , ", "". . 0' ", ':-';"--'c .- ., ~ ~ . CARL RICHARD NOLTE, Plaintiff/Petitioner vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant/Respondent : IN DIVORCE ANSWER TO MOTION TO DISMISS OR ALTERNATIVELY, CONTINUE HEARING ON PLAINTIFF'S PETITION FOR BIFURCATION AND NOW, comes the Plaintiff/Petitioner, Carl R. Nolte, by and through his attomey, Jacqueline M. Verney, Esquire and files his answer to Defendant/Respondent's Motion to Dismiss or, Alternatively, Continue Hearing on Plaintiffs Petition for Bifurcation and in support thereof presents the following: I. ~ 15. Admitted. 16. Denied. It is denied that entry ofa divorce decree would extingui~h Wife's rights governing military retirement benefits. By way of further answer, Husband's Military retirement is not available to either party presently because Husband has not retired. Upon retirement, Husband has the option to elect a Survivor Benefit package. At that time, the survivor would be identified. It is only available upon Husband's retirement from the military. 17. Denied. It is denied that judicial economy will be served by continuing the bifurcation hearing. By way of further answer, Husband and Wife have been separated since February 23, 2000, a period of two years 9 months. Further delay in the entry ofa divorce decree will prejudice Hnsband in his life plans. -, -, ~! ..., ... ., > Respectfully submitted, /J... -.;J.. -()').- acq ine M. Vemey, Esquire If. 167 44 South Hanover Street Carlisle, P A 17013 (717) 243-9190 Attomey for Plaintiff/Petitioner 2 ~ >~. /'.' - ., -, , VERIFICATION I verify that the facts included in the within Answer are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unsworn falsification to authorities. Dated; /)!/i~z... ~~ Carl R. Nolte ", . ~ ,~ ~L _ '~.' ,;:" C,_ " -~,'" -. ,'~ --~ -"-~ - --t - ""-~i r, ~ CERTIFICATE OF SERVICE I, Jacqueline M. Vemey, Esquire, hereby certifies that a true and correct copy of the foregoing Answer was served upon the following on the date indicated by the following means: Personal Service: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Date: /',;1. -;;1.-(1)- Itt I Jac eline M. Vemey, Esquire # 167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attomey for Plaintiff/Petitioner "'- , p 0 c 0 C N " s:: c .._~ -UU) r'l ~;n mrn ("') 27) I -urTl zr ~r10 (f) J~: N ;'),.i -<.,:!:- '-,., -' ~CJ ..." ~:r.:~ d:;C) ::r;: (?c; ~CI am Pc -, z >- ~ O"l ::q ..... . ,. ~ I' , ' L -L__I . ~~1l: , V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW ~/1ID~f- CARL RICHARD NOLTE, Plaintiff . . SARAHE. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant : IN DIVORCE PRE-TRIAL STATEMENT OF PLAINTIFF. CARL RICHARD NOLTE AND NOW, comes the Plaintiff: Carl Richard Nolte, by and through his attooley, Jacqueline M. Vemey, Esquire, and files his Pre-Trial Statement, and in support thereof states as follows: I. BACKGROUND The parties were married on September 6,1980 in New Yprk. The parties separated on February 23, 2000 and have been living separate and apart since that time. On June 2, 2000, Husband filed a divorce complaint alleging irretrievable breakdown of the marriage. Acceptance of service by Carol Lindsay, Esquire was dated June 13, 2000. Carol Lindsay, Esquire filed an Answer and Counterclaim on June 19,2001 raising the economic claims of equitable distribution, alimony and counsel fees. By Order dated June 7, 2001, Husband pays child support in the amount of $750.00 per month and Wife receives $540.00 per month in spousal support. Wife filed an appeal from that Order that has been postponed generalIf, pending the return of Husband from active military duty. Husband is a salesman for CJ Nolte Co, a family owned business, and also is a Lieutenant Colonel in the Army reserve. He is presently ~ve duty in Washington, DC. He is expected to retum to civilian employment in June, 2002. , , , -, )lit! legal fees. Wife switched counsel which has resulted in additional legal fees for which Husband does not believe he should be responsible. Husband has made a reasonable offer conceming alimony, which Wife has rejected 7. Items in Dispute: All marital property. 8. Marital Debt: See attached Inventory and Appraisement. 9. Proposed Resolution: Husband proposed a 50% of his Lutheran Brotherhood retirements and 50% of his total Army pension, waiver of Wife's retirement. He has offered alimony in the amount of $500.00 per month for several years. Although not legally obliged, he has also offered a generous contribution to his son's college tuition, expenses and spending money. Since retaining new counsel, Wife has not responded to the proposed settlement offer. Respectfully submitted, ~ I '6/62- ern. v:: ac eline M. Verney, Esquire #23 7 44 South Hanover Street Carlisle, PAl 7013 (717) 243-9190 Attorney for Plaintiff - ~ 'H ". ,-. " -,-, "11UL , n. PRESENT INFORMATION 1. Assets: The assets of the parties are set forth in the attached inventory and appraisement. The marital home was sold in 200 I, with the parties owing money at settlement. There are no motor vehicles. The bulk of the assets are in life insurance policies, although they have little cash value and the parties' respective retirements. 2. Experts: Husband intends to call a representative of Furey and Company, P.c., a public and tax accounting business, if necessary, to testify concerning the CJ Nolte Company payment for Husband's business vehicle expense. If necessary Husband expects to call an expert regarding the value of Longaberger baskets, an expert in antiques, and Frank Potteiger regarding the valuation of the household goods. Husband reserves the right to supplement his witness list. 3. Witnesses: Husband expects to call Husband and Wife. Husband reserves the right to supplement his witness list. 4. Exhibits: Husband anticipates offering the exhibits attached hereto. Husband reserves the right to supplement this list if necessary. 5. IncomelExpense Infonnation: Attached hereto. 6. Counsel Fees/Alimony: Husband believes Wife is capable of paying her own counsel fees. Wife has not acted in good faith in negotiating a settlement, which has prolonged this matter and resulted in additional "lE" Ill. L , -:::J n t n ...... ~ W..c -...]=:0;::: '-" g;. = ~,.(D g. , W"'iJ::r:(D -:0>",:::: - ". \0......0< O~(5(D -... a wCIl", 01", '" 0 ~~ l'r ~~ w - '" -.J 1:' ~ '0 '" i2. E .:;: ~ g. i3 ~ " '0 o ~ i'i ~ ~ '" "" cr' '" '" ~ ... '0 ~ ;::. ~ '" - s' '" g ~ '" i2. S' " ~ ~ n S i3 '" " n '" "" ~ "" ~ ] ~ ~ ~ '" @ "" " s: S' ~ ~ n 8- S' IJQ ~ '" '" '" ~ ;n .""",, ." or g' o::ii n S. :>d ,,' cr' a. z o }f cr' '" ~ "" ~ " ~ or. ~ ~ o a '" ::< '- '" n .g ~ S' '" ~ <: '" ~ ::< tT1 ~ .g ~' :!l " ~ ~ '" g: 0" " S' IJQ S' "' '" ;a 3 ~ "" .g 'g '" in' S " ;a o ...., ~ "@ 11 Q o " 8- o ... I"l = :!. ~ s. = a z => - .... .. ""'''''"'!' o "'I ... ~ I"l ~ o ~ > ~ > :g ~ '" I"l ~ ~ - " "~~~ "'";. ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. If an item has been appraised, a copy of the appraisal report is attached. () 1. Real Estate () 2. Motor Vehicles (x) 3. Stocks, Bonds, securities and options ( ) 4. Certificates of Deposit (x) 5. Checking Accounts, cash (x) 6. Savings account, money market and savings certificates () 7. Contents of safe deposit boxes ( ) 8. Trusts (x) 9. Life Insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities (x) 11. Gifts (x) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside of home () 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) () 16. Employment termination benefits - severance pay, worker's compensation claim/award) () 17. Profit sharing plans (x) 18. Pension Plans (indicate employee contribution and date plan vests) ( ) 19. Retirement Plans, individual Retirement Accounts . J,", ..... ~~";'; I I ( ) 20. Disability Payments () 21. Litigation claims (matured and unmatured) (x) 22. MilitarylV.A. benefits () 23. Education benefits (x) 24. Debts due, including loans, mortgages held ( ) 26. Other I I I I , h I 'I II :1 I II I] l'j I, " I I 'I Ii " I,: I (x) 25. 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PENNSYLVANIA 17244 Date 3/29/02 PRIMARY ACCOUNT ENCLOSURES Page 1 708700379 CARL R NOLTE SARAH E HEITZMAN-NOLTE JACQUELINE M VERNEY 44 SOUTH HANOVER STREET CARLISLE PA 17013 YOU'RE INVITED! JOIN US AT OUR FREE SEMINAR ON APRIL 2, 2002 AND LEARN HOW TO LOWER YOUR TAX BILL AND SAVE FOR THE FUTURE TAX FREE OR DEFERRED. CALL PATSY AT 530-2607 FOR DETAILS! S A V I N G SAC C 0 U N T S STATEMENT SAVINGS ACCOUNT NUMBER PREVIOUS BALANCE DEPOSITS/CREDITS CHECKS/DEBITS SERVICE CHARGE INTEREST PAID ENDING BALANCE 708700379 1,639.79 .00 .00 .00 4.04 1,643.83 Statement Dates 1/01/02 thru DAYS IN THE STATEMENT PERIOD AVERAGE LEDGER AVERAGE COLLECTED Interest Earned Annual Percentage Yield Earned 2002 Interest Paid o 3/31/02 90 1,639.79 1,639.79 4.04 1. 00% 4.04 DATE DESCRIPTION 3/31 Interest Deposit REFERENCE AMOUNT 4.04 BALANCE 1,643.83 ,-.' - ~ ..J IIIHIiII!IIIMI_~_IIi*jj!lIlililllli!iIti~ellllllh!;~.li!&1i;~....~\ili'!."''iI~'" ,",. ""iir* ~d_ '-~:l~ To Redoncile Your Checking Account 1. List and Total all outstanding checks including those still outstanding from previous statements. 2. Enter the "Balance This Statement" found in the last block of the summary line on the fmnt of this statement 3. List deposits and other credits not shown on this statement. 4. Total items listed in steps 2 and 3. 5. Enter and Subtract the total 01 the outstanding checks as determined in Step 1 above from total in Step 4. 6. This Figure should be your checkbook balance. If it does not agree. review the above steps, note the following instructions and if necessary review your checkbook entries. "'--! I CD OUTSTANDING CHECKS ~~MBER AMOUNT I I i , TOTAL J "" I . -~ ..1 I, 'I! I , ! , ! "' RECONCILEMENT @ '2; @ 1;1) @ IN CASE OF ERRORS OR QUESTIONS ABOUT YOUR ELECTRONIC TRANSFERS Telephone us at 717-532-6114 or Write us at P.O. Box 60, Orrstown, PA 17244 as soon as you can, if you Ulink your statement or receipt is wrong or if you need more information about a transfer on the statement or receipt. We must hear from you no later than 60 days after we sent you the FIRST statement on which the error or problem appeared. (1) Tell us your name and account number (if any). (2) Describe the error or the transfer you are unsure about and explain as clearly as you can why you believe there is an error or why you need more information. (.'3) Tell us the ,dollar amount of the suspected ~:mor. We will determine whether an error occurred within 10 business days after we hear from you and will correct the error promptly. If we need more time how- ever, we may take up to 45 days to investigate your complaint or question. If we decide to do this, we will credit your account within 10 business days for the amount you, 'tllink is in error, so that you will have the use of the money during the time it takes us to complete the investigation. If we ask you to plJt your com- plaint or question in writing and we do not receive it within 10 business days, we may not credit your account We will tell- you the results within three business days after completing our investigation. If we decide there was no error, we will send you a written explanation. You may qsk for copies of the documents that we used in our investigation. UNE OF CREDIT ACCOUNT INFORMATION Important Information About Your Account Charges: We compute the FINANCE CHARGE on your account by applying the periodic rate to the "average claily balance" of your account (including current transactions). To get the "average daily balance," we take the beginning balance of your account each day, add any new loans, and subtract any payments, credits, unpaid finance charges, and unpaid insurance premiums. This gives us the daily balance. Then, we add up all the daily balances for the billing cycle and divide the total by the number of days in the billing cycle. This gives us the "average daily balance." If a "finance charge adjustment" is shown on this statement, we computed this portion of the FINANCE CHARGE by multiplying the principal amount to which the adjustment applies by the periodic rate which applied in the billing cycle for which the adjustment was made and by the number of days for which the adjustment was made. Billing Rights Summary In Cas'e of Errors or Questions About Your Statement If you think your statement is wrong or if you need more information about a transaction on your statement, write us on a separate sheet at the address shown on your statement as soon as possible. We must hear from you no later than 60 days after we sent you the first statement on which the error or problem appeared. You can telephone us, bu1 doing so will not preserve your rights. In your letter, give us the following information: (1) Your name and account number. (2) The dollar amount of the suspected error. (3) Describe the error and explain, if you can, why you believe there is an error. If you need more information, describe the item you are unsure about. You do not have to pay any amount in question while we are investigating, but you are still obligated to pay the amounts on your statement that are not in question. While we investigate your question, we cannot report you as delinquent or take any action to collect the amount in question. This is a summary of your rights; a full statement of your rights and the bank's responsibilities under the Federal Fair Credit Billing Act will both be sent to you upon request and in response to a billing error notice. ,~ "N L~ ~--~ , ,. ~-," . . Iotlllho.... VOIl" DISTRICT RiPRIiSENTATIVIi STEVEN A ROSE CLU 5TE B-2 7800 ALLENTOWN BLVD HARRISBUR~ PA '7112 Tele ho e: 717-652-5205 02'~6 VOUR LBSC..... REGISTERED REPRESENTATIVE STEVEN A ROSE CLU STE S-2 7800 ALLENTOWN BLVD HARRISBURG PA 17'12 T~ll!!! I")l:)ne: 7n-652-!32Q5 2H!l6 Cha~fta~fllty: Luthe~an B~otherhood'5 Integrated appro.en to ~.~., ~lfJtf.g~f FRATERNAL BRANCH INFORMATION You ar. a m.mb.~ of Luth.~.n Broth.~hood CENTRAL CUMBERLAND BRANCH 8'51 #8151 FO~ VOl~tA'~ oppor~un1t1.9 ca1' B~anCh D~fioar MiCHAEL l LOZANO Tel. hen.: 117-766-2480 Memb.r Numb6r= 0015228745 . _ JI1J.. St.telJleo.t W.eUI_~,aldl.J';l!!!d ~'" .~ 17/91 THIS STATEMENT IS PREPARED FOR CARL R NOLTE PO BOX 1024 CARLISLE PA '70,a-a024 LIFE INSURA.NCE INSURE,[) 6~ OF 0.-0'-01 OB-07-01 lOAN NET DEATH N~~ CASH PA~OFF BENEFIT VALUE 3282514 06-01-99 10 YR CONVERT- CARL RICHARD NOLTE ISLE TERM 03-07-81 WHOLE LIFE CARL RICHARO NOLTE $0 $10??oo $4527 $105473 $0 ~614130 $1.49 VARIABL.E LIFE PRODUCTS VARIABLE UNtVERSAL LIFf fs tssueo by LB o~ Lavrp*~ ana ~f~r~tbured by LBSe."'.. Not' avat '.OJ& in 81 J states. H0265537 05-15-30 DISABILITY INOOME DISABIL.lty INCOME AND LONG TERM CARE INSURANCE INSURED BENEFIT AMOUNT AND DESCRIPTION . CARL RICHARD NOI. TE 6 VR SICKNess 6 YR ~CIOENT $B75 MONTHLV BENEFIT. 60 DAY WAIT INITIAL PERIOO CONTINGENT BENEFIT $300 MDNTHLY SENEFIT . GO DAY WAIT .5 -'lR SQCI AL . lNS. COOl' INGENT B.ENEF-I !" $300 MONTHI.Y BENEFIT - '.0 OAV WAIT 5 YR SICKNESS B YR ACCIDENT $1100 MONTHLY BENEFIT - eo DAY WAIT INITIAL PERIOD CONTINGENT BENE~IT $675 MONTHI.Y BENEFIT . 60 DAY WAIT 5 VR SOCIAL INS CONTINGENT BENEFIT $$7$ MONTHLY BENEFIT . laO DAY WAIT 3$$ OAV HOSPITAL BENEFIT $50 DAILY BENEFIT ContinuecJ OP-Oi003 MLutneran Brothemood Virlatlle Insurance Products Ccmpar,v QQQ2.11i1J-1 QOO2.186.\ ***Luther'.I!It'I Brotnerhcod Securities Carp, 826 FQI.lr'th Avenue South. Minl1fiilt,lpolls, MN 55416 \8)625 f~urth A~~' Scut~ - Minne~POli~):'jn~~. ~~ I.ltI:p://www.luthbID.mm -'_1 14n All of 31712002 ~ - ~~ '. . LNe Insurance StmementofConuactV~ues Your RepreaentatiVe: Steven A Rose CL.U ChFC CFP SteB.2 7800 Allentown Blvd Harrtsburg PA 17112 (717) 652.5205 If }'tIu havs any question. about tlli. stalement. oall 1.800-991).6290 or (612) 340.4000. Cliellt ~nform;oltion I..... I)iiii 317111611 CclntrIIgtNumben 2814130 This ...tement Prepareel For cal'l Riohard Nolte Clienl 10: 0016228745 Social SIlOurity #: On Filll PO Box 1024 Carlisle FA 17013.6024 Contract Information PrOcIUOt Whole Life PremIums Premiums Ilre currently paid to 3;712002. Co.,.,... . Base Plan Additional Protection Target Addhloul ....et1t8 . Waiver. nf Ptamiurn..Blll1B.lit $65.000.00 $55,000.00 Premiums on this contract are currently paid monlhly by Pre-Authorized Collection in the amount of $55.49 The current annual pl'llfl1ium is $839.45 Contract Values Dell1h Benem 03107/2002 Sase Coverage Dividend Term Insurance Paid-Up Addilionallnsurance Losn Balance $55,000.00 54,889.77 110.23 -4,225.29 Cash Surrend... Value 0310712002 Guaranteed Cash Value Cash Vslue of Paid.Up Additional Insurance Loan Balance $8,490.00 38.90 -4.225.29 eaeh Surrender Value 12,303.61 Dealh Benefl1 $105,774.71 During the past year, the Gusl'lUl\eed Cash Value increased by $82&.00. 0002108 ," :f iiI> n Q '" =Hi1}~ il'in'" - ii1 :::::I';=-Dm S-I!!. ~ ~ fl hig; "- ..'!t" ~!!l "og" ij' a & il ~ ~ ~ "J" C" A III iil'" i!' oil ,," .. ~ ... R ~ R at ~;;; ., D n _ ~ "i~ ~ f7; h.i "il'l! 13~1I Ii! ....... pi 1'<: If ..... i~".r:o.cJ:. u il klsl<l ~l . " " Fax: (II 0 "'":::.}>,-.w,,,<*:, g'll"~: ~ i ~i!~~~i\j Ill""" ..,,!ljff1,., ! i ~il[~ '" g "'i:ii',1l i !!j!i18!1 o '~"ll::i:~~ :;: '~~~!filiM .. "Ell If~i&l o' ~ ." Apr 4 2002 16:21 P.03 i?i? 0"0- H .... "" ~~ SS n alll:l "'.. 33 "'''' "".... :;-~. !'.. ;,;'1Il "'< U SOl i~ "'" c.. -- S~ "'~ ~C ~8 !i" ::to(/) ijj.~ ~s: lll:ll :I !I <l''' ..~ "fJ ...s- 0" 10' " a-- " n " i'l s: .. ... .. 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"- {" -.. ~ 0;;13/00 09:12 f.~ "1. 340 8ti.~ o , LUll1t.l\t\.N WWjjJj:J(JiLJu.u o ~, ~U(j':; .~ REPORT E285 LUTHERAN BROTHERHOOD VOLUNTARV OEFERREO COMPENSATION V-ToO ACTIVITV AS OF 0$/30/00 PAGE 60 _______________________________________~___________w___________________~_____________________ CARL R NOLTE 0010380 YTO TOTALS: .00 ,00 INTEREST .00 .00 ENDING BALANCE OATE BEGINNING BALANCE 9.042.28 CaNTRIB .00 .00 WITHDRAWAL 9,042.28 -----------.----------------------------------------------.-------------------------------.-. ....ua, .., ~T~II" """'''1'\''", ~ P~AN flED 235 YES DEFERRED COMPENSATION NO ~BSC PENSION PLAN EQUITI~S FUNO CONTRI - BUTlDN TYP. SOCIETY , I rYPE seCI ETY SOtIETY PREVIOUS YEAR-END UNITS 23.Bl" ~.':ll~Cf ' 5,B44.93 28.716.53 PREVIOUS YEAR-END VALUE 12.222.07 eU,j I ur~1J ,lCi!3 0.00 0.00 CHANGE IN UNITS DURING YEAR .??oo ~~.lI.l-. ~~.IJ 473.44 2.32B.04 CURR.NT YEAR-END UNITS 2::1.8141 TH< PREVIOUS YEAR-END VA~UE OF THE EQUITIES FUND IS BASED ON A UNIT VALUE OF 513.228'5. THE UNIT VA"UE AT THE END QF THE CURRENT YEAR IS 429.53,79. YOU ARE CURRENT~Y 10D% VESTED IN THE FQ"~OWING-' FIXED OO~~AR FUNQ SOCIETY YEAR-END SA LANCE DEFERREQ COMPENSATION SOClETY YEAR-END BAL.NCE ~BSC PENSION PLAN SOCIETY YEAR-END BALANCE EQUITIES FUND SOCIEfY YEAR-~ND UNITS '.' L" . '.~ '" .-j;- 6..18.37 31l042.57 CURRENT YEAR-END VALUE 10,2.21i1.0' . 06/20/00 10:13 F.\X 612 340 6697 " ~~ , '" -""""-ri,_ IilI 002/003 LB HUMAN RESOURC ~~ gliiU~ ~! ~rn :i&rnrn O~ 0 n O;l !~!! - - - ;~ "GPi! ... 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" e U1 """ Ul '" goIDI,n....U1 lhWI 1-'0 0 ~') II1C1O"',","" go W"'!.l-.ldll 01\0' e'" en '"' - - \ "". o0oi - \ ~~i ~ , ~ , \ ~~ \ r ~ i! \ ,.. rn \... '('HIH"'olI> 0 -O>-O>00C1 P H H "'- . "il "l ... -U Iol H , ""l-'''''I-'! "''''I>>'''~ .. 1 r 0001;> ....UlIl1'" l UJlnO\ali_ ~CUlc_ . . . I ~ ' . . . ..:I .....,-..11-'''' CElCD-..JU'11ft1 O'\cn"'~- -..1""''-'>'''....... i}J r;., ~ I o u M~! ~- '~~~ ..~ ~ .- ~, .J, > ""'............,!:"1 " p, ,,01 il FRI 01 :17 PM USARCaLEY PA FAX NO. 5708]5337 Un1te~ fi~utu~ Army Re~QrVQ hC"CllCC J't ,PAYS '1'0 S'J.'A,! I 'l:hio Progr.A"o Cl:ln UI': Ur,lld By Imy ~"crvo Brllnch OL Se:rvioe 'I'llhi .:In''lyniD WU l'.r.'''l'"re<l. toro, LTC CAI'lt. K. l>loum 'J.11::'1I .."ti.n",~e: ill 10"1),,4 om i...tormae1on .."Ii <1111:1:1 lIoU cllppl1ed <l.udll\J tho calU'OE': ot thf. l'rasrllm. It h bnsccl all tilt' rollowi,.,,, infc1W\t1on. ArlO l!lC .1me of iln"lyclo I 14 Ai3e lit tlm.. ot mll1."ry l'lilti..-cmclIC, 60 - 10 yell"" fo'om now. P.coj"cce<l. reU"".,ollt groll<l.e, OS ~a.lil P"y Entry ~..te(p~D), 750602 Th~ nUlnber of y~~rQ un:11 yo~ lenva OQt1vo G~atua, ~ N\""t"~r Of IICCrIllld nti"ull"'IlC pointa I 1, s~\ B~ei~'t..d peineG per yell" un~i1 Cll~ of IIc~ive atat-ue, 75 Totil1 Cre<l.Hehl.. R,,~irCl",ent Point" I\~ "sn GO. 4,741 ~ IV,ilStl ;)N ~'II.. AIlOV Ii;. WF. tlB'rBItMINJ!:O I lit lI'Ju .0, you w111 be cr"ditc(i with 013.17 Itrj\1ivahnt YQl:\r; of cervice." j;.:lJo,.l on O\lrT.ent Imy or: \Ol fS.72~.60 a mrmtb, it you wcrlt agl!l 60 anel Teth...,l to<l"y, YO\u: retir."mCltl~ bClnefie wou1cl l:lll I) $\, SB4.?4 il. mOl1tll. 11' PAY/> ','0 aT^Y! '!'HZS PATA 1$ CUR~~Wt ~a OF. 06-22-2000 QITJl'.~'I'tONS? - CALI. 1-eOO-31e-S2~D, X3Ul COMMl::RCll\l, - 1-3H'5~~"oOOO, X3413 JACKIl:l x., .:IOllNSOt'l US Army I,caerve PerDonn'lll Conumln<l 1 Reac.'vo WilY St;, r..o\lh, MO U132-S200 '" 088029 '027 11-27-80 ~OINT TENANTS LB MONEY MKT-OPTIMUM ACCT 08-n"o' 85.580 $85 0007051732 10-21l-eO ~OINT TENANTS La HI~H VISLD FUND - A 08-'6-0' 7.436 $41 , , , ~$3~47:3.' , , Tot.l Balance: I Mvtual FUnds are dfstpfbuted by LSSC."", ! i AUTO AND HOME INSURANCE i I LY1her.n S~othernooa A~tg and Hem. offArs competitively ~!'ie.d coverage for your auto ana home in8uranoe MO.de. For a free , (llJote, p'ease c.11 1-800-884-9419. I , , , i I OF-IJlM/l, 0002."6"\ Q(t(l2186-1 m..'X",".."" FrJday, 9ctober 26,2001 1:45 PM TO'C!) ',',.'oi ":"~.'n (' ~',k'II' 7~"''''1'' . I ,~'. ., r~, 1;:1 ,~, ,. ..... ...", .8id,er & DiJ,wtu~ CPA's Suite 310 PdCiMt's ~i"if 1'.1). "-MOiO Ftl/rjwft,lV1' 14';:$/)' 716-2JJ...JJJ; Carl R. & Sarah E, Nolte P.O, Box 1024 Carlisle, P A 17013 April30, 2aO] Client No. PN0300 Preparation of federal and pe:,,,J:ilii inu:'nw t,,, i~Iln15 f-;;r 2000. -<,P if p.. ,...j tit) }C/'2 ' ". ,\ . 5 225.00 ~~ ,I"~" <l_ "'. ~l'l~i: r'!:ge: 2 of 2 . ....---.-----.---- Fax: "::'r,.ans~~~. .:~.-=-.' ;~~ .....:,.. . ~i -~~f7=,=~"";:;;~~ .),:~1~==:' '. ""."..,.'-'r:~I;t~~,. ;~:.~~~,~S~:~:~,~:,~~t ....~, ,'.:::.;; ...... ',': ~ "'. '. "', ."". "J,':" .', u', . ,_h' . '..:. ~ \:-.": ."j1j(~tL:~; ~~~~5i1~;,.',. ',~: ~.:. "'1'",i..,:;';! , ~:j:" ;~ . ' . ~.' .." . ,. . . ~. I. .. ' " .,,:';:,1' ., 'lV~ . ::;.,'.' Rpr 4 2002 16.28 P.lO . ..- ....~. "t "'''''~'l '~^" ," ..""~. ?>'i~,i,,~~I:tJ.{..~..~ \;:.d;:.~~~:~~;~<4~~~r . . . . ".,,f-.'.... ~~ .,:.::\.:(r" : ~. . ,,' ~..::: :' .; (", . ~~ . "',:' ~. . '.' .... 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Of~"" . M \ \ \r:..o:...lI.l'- - ~ s~aJ.t... ~ " b\k..l <>~^.A. \l.cu. cA. : ~t>-\-5,,\\V\~ \~/p~ r..ll~'''- ~"..~, "_.~ '0 - . 717 243 1366 o ~ qo.=- 'J S .::. ,3.J.D :. 75 ::=.. lco '- SOD ...J 5"b - 35- '-!o -- qo ~ r)D ':. 3oc- 10- 50- 015- 75- lo'~ 3S-- <.(~ - 45- SD- 10 - I ~s-. -rr - . ',ll~~!l.l';'ll:. P.El4 _~1IiWilIi ..-~ ~ & l_.~ =_~ I ~ - I, ~ ~ --- :.-.....~~-- ,,- ;,..-- -,~ "..._"~, - ~~--- ~IHllliifl!jl'lifffij:W!1__ , "-cD ~'..~~ 11 LI-- 1 ~ . 1 - 7 , - u _ ~3~.~.~' to~1:::Jlj...... ~\V~ ~"'\-z.- O~ ~..... \\~\Ol ~ OJOO - I .50:'" 75- ~. =~ b"k - . ~::r-. ' ~(13' 9Mo . '--- --- Gri\\ --- ~ ct. ~ c!) ::::::.. !.. ,.'l, ._' Nolte Longaberger Basket Inventory 2000 renewal basket small catch-all basket candle basket all-american sparkler basket 1999 renewal basket 1999 popcorn basket business card basket criscd baking basket all-star basket red bayberry basket button basket all-american liberty basket com basket all-american candle basket red jingle bell basket pantry basket gourmet picnic basket j.w. easter basket serving tray med gathering basket hostess gift giving basket 1993 inaugural basket small gathering basket large market basket med berry basket red season's greetings basket tissue basket red glad tidings basket 1998 harbor basket all-american carry-along basket all-american patriot basket small flower, pot basket small fruit basket welcome home basket snowflake basket spring basket 1997 renewal basket red holiday cheer basket small waste. 1996 cOllectors club serving tray 1997 inaugural basket 2001 inaugural basket all-american summertime basket tissue basket all-american blue ribbon bread basket , \,\,. ~ ~" - -~ - lli]itl given to rick given to sarah by karen johnson as a gift given to sarah by karen johnson as a gift belongs to aj nolte given to rick given to sarah by karen Johnson as a gift belongs to aj nolte given to sarah by karen johnson as a gift belongs to aj nolte !I II :1 1 I :1 I belongs to aj nolte given to sarah by karen johnson as a gift this basket was won by sarah at a show given to rick this basket was earned for hosting a show belongs to aj nolte given to sarah by karen johnson as a gift given to ulli barnett as gift given to sarah by karen johnson as a gift given to rick belongslo aj nolte belongs to aj nolte given to sarah by karen johnson as a gift given to rick given to sarah by karen johnsoil as a gift given to rick belongs to aj nolte given to rick belongs to aj nolte belongs to aj nolte belongs to aj nolte belongs to aj nolte belongs to aj nolte' ,~' ,., 1998 renewal basket all-american pie basket tall key basket measuring basket 25th anniversary basket red cranberry basket magazine basket membership basket " .~-.c "",- 'J~'i given to rick belongs to aj nolte given to sarah by karen jphnson i~ a gift belongs to aj nolte given to sarah by rick as a gift , L'!'I , . Ia the Court of Common Pleas or C1JMJlERLAND County, PeJmsylvaaia DIlMBSnC ULIr.'flOl\o."S SIlCnON p.o. iIOX >>0, CAllLISLE, PA.17013 l'hone: (71'1) ~ MAr .:a. 2001 Fax: (111) 24/1-4248 Plaintiff' Name: SAIWf B. HIlITZHAJI-lIOL'1'E Defendlmt Name: CARL R. Nnl.'I'Il! Docket Nu~r: 01052 S .:aooo PACSES CaseNumber: 9781021196 Otber Slate ID Number: 30269 1'I\lI\JIo_ All........ . .r_......UbtP..CSEllC_NDmIler. TnMmu~ ""d ~....u StatelltAJlf- nnSFOBM M11ST BI'! PlWlD OUT (If you are seJf-employl:d 01' if you ate saJariI:d b)'ilJusloess ofwbldl you are ,,_In wbole or plllt, yOllIllUSl 81110 fill oUt I'Iie S~ InI:ame SIlUellWIt wllidl appc:...llD "lWll ofl!1i$ illccIIIe lI1Illlllqln8ll !llaIelIIeIlt.J INCOMUTATEMENTOF CArLL R.. JJoLT~ SICdoD I:. _om. _1i'1i.l'ftUI....~ INCOllml IilDPlQye' - Tl'POofW<ld< l'aJnlll N~. am. l'ay JlW I'oy P.rioU S"Z'-i- A-T'T~M-t.'l:o W.:2-5 _. 'Lao/ l'a71'l>rlot1~1_. ..hldy_. ....) l1emiwl PoynJIHlo_: _w..... $ aui.'f.r .' 3 'lAlCllIW i !lIole III<oma Toll $ 9oi1nim.~, S _.... ...... $ Cledlr V;';.. ..$ . Lifo S 11011I'_.. $ - ----, oa.r -..aCl!*lJll) S $ NO( .., (lOt Poyl'c>riod S omR lJ'IIIiII eolwlliil INCOME WEKJ[ MoNTH 'l'BAR IIio<OIt $ S S Di.idend.o h_ - .. &IciI1s..u1llY '. aolllll .. , . l-'u;.. . -A...unt l)jb. ......, ..... Uri!I/ItIJnymW_ ~"I C.......m.ilnn 0lIlcr ...... . , I OtIlermt A.l.. IS 1$ Is TOTAL INCOME S .' . .' . . PRoPii;RTY OWNED OuDe'llIlIao · DESCmnON VAL\l1t K W .I $ ~OO Cbckl1It ^"""""" s....,o""ooom. o.dlt .DakIoI. hicb_ _&toIo ""'.. TOTAL S · H=HusbUd; W~W!llo; J=Joinl .. ~ .form IN.OO8 Wortv III 21201 Scrflllll Typoo M " . oJ l- .. , "-~ o ~, -~, - '''ii Iuroll1lllllll1 Expense St.IIlemelll PACSES Case NlIIIIber Jl?810Ug, INSlJJtANCs Co...... * COMPANY POlJCYI H W c .IiIW1II IlmeUOII 0Il0t>t ~ IIot Shiolll Odlor IIallhI A....... !lisIbUiq we.... - 0Ill0t "II-Htub.lld; W-Wife: C=Chda SedIon H: 8_1 '........e Statommt .. Thla lbrl1l illO bo liIJod. "'" by 'lJCfIOR o (I) lOIIu,....... bu...... erpmdoeul""lll...... (J[ o (2) ...lloi....._reh~iporj.inl_.(J[ o Q)..ww. iu. Dh_.llt.dldH iilll:4d4.. ~ ~ If 910154 Il'DlpONtla~Gf aimiLIIIII:~. ARaoh ootl1ia_. ""1'1 011110 f<1llowinJ -. _... 10 Ihejm\llORllip. joi.._. "",,,-, ........ c"'P""liol>tJt~ilor_: (I) lb. _...... 1'?oIo..1 Iml..... T.. ....m. IIllI (:!) lho moot ......I'rolk and LoIs llIImnIo.. N... .f"',w...: ~."'~""_J~UUDIbc"; b. c. d. Nlnh'l!i anm~ (QleelEaael o o o o o (5)" N.... .( .""_~ ..DlR!llor.r DlbIr pen.. in ....'i" of lI....c",1 _s: O~v',rd DetJ-.-'czc: (I)~ el) j.iIIt _... O)~ '-lit} GHNl!IIl cmponl.1On .. r. A.....IIm:....llDm b..i..." (II _ otle. ill iIlGo..- ....MII? (2) llr4ls8~petpqperiod: Gl Not iru:_ per pq period: (41 ap.olllo6 __""Ill. if .ny: ~. ..l .. : ,. .t" !'IF 2 ofJ -I . Porm IN-<<lIl Wotkot ID 21207 Sorv;", Type M . . '1DcmIle and ExptllilB Sralllllllllll - , ,~-. ""'". . PACSBS Case NUIlIber 97\1102896 SedlIlJl I1h 'R..- ""'~!:Il;,OJ>lY BIIOwltJl!rJ,o:id.iJlllry o.peDIH lil dil. MIlitiim iuJiW~ :iilledolit:hotmll II otl page two. ,... wtqor... in BOLD PONT I~ ellJlOlllallyjmpQl').lll(wr ~ ehiW,~,If,al!aR ~"""lilI8 Spo1lDl ~JdlL oni! '7'l'u, _1I11l1-='YIIll_ eaR> oll\d60ek ......... u~'.ooo~ to. .. ~_ ~ tlor ~'IIoIIlo. Il1UIII --m10D m.ulllk :tbU;:r "'Q.Iolil,pJlIKW, 3'5 j~~. I s ~" 'HI ~~m5 $.~.~ol I YIlrify lIlat lhUla1/llllelUll mad. in this llle_lIlII1EIqlCIISC Sll~ent_ no aDdoo~ I '.~..",lIll1hat fIJoc _., .. _Jill'''' 8IIbjllCllt>lho ctiminaJ fClIlllli=o of I~ P.. C,S; t 4904, reladlla 1O_IiblIi....liOlI: 1IIIhorl..... 0.(/7&/ ,.~~ l'mm IN-008 Worhr ID 21207 EXPENSES (Fill in "PP"'i'- CoIam:IIJ WEIll. MOm ' YEAR .-' ~s Ma,","- S'l75" s EJoOllllo S 0.. "" $ a> $ fe> Tti ~ W.1Iio, . Sewer ..biID tiO~$ LB..... ,'"" s s s s s $tr;;8 2/ , c /2C 52C.fJ'ZJ ~t3 .0> ....~_ . S ~lfii, .,hC"t-vd? )0-r=1..-l MY '~""Iii".' huwu'-' -/ Lilli "'" ARIdIJll B_ 0dI0r s 'f)?;.{f ...... . . . Fuel ,- ~ :L .ilI MocIi..J ;Ze> li_ S $ $ IllDdoI -.o.l1wiIf"....-. BtqihI 'MedIdu D., , !IioM; 1lrlul. Set"\oe T>'P" ~, '. . . ~ ~. .. AH I':XPENSES (I'm in ApjlroptlB.. Culumnl (mllllriliod) WEEK MONTH YEAR ~MoaJ S ,,-. S S PIInldJIaJ.Il-J.oI Co~ IloIg.... '-e~iollli: I . :'V'> . Food' ~:se> , I~~'" ::<= C..dlli'Q....nia C..~itCiIRI /00 ClWp M .' Liiluis CiclIIlUnillll $ S S .. /15...J/'~_-tc(" 50 I!l ('0//"'9" sa. </If'" . sa ...... ~~ S S S ,~.... ffJ: 25 J'e> 5"'.", 'f' V..1Ihm 01lIi .Leillll.... ;Zoo yo ~,. . , , 'OIlIer 70-- "-"'" fb 90. S ~ ~ -/lJ'r r - Cl~<srs+ '";"J..ls 1'ap3 of~, . :::,:."1lJ~,,;I?JWJi'H~.'i!IU!U-~.' "",I~~ 1_"'" ~ --,=" ~ . '"~"'''''_o_..;.........~""",,,~,,~ '*' ~!I';~~'~~ "'::<;:~,~,:::: ....attwroornp.n.1tIon _,' 1W..,~ , " . 18427.63 ......".-.- 18427.63 6M',~...."'alJ"lIf1dlipi8427 .63 1 So*,Hll\Ifi&Vllp' .. f t- foml W2 aContnd""'""*- -. UUSP38311 b Empklpf~numj;I", 35-1819323 addr...,andZlPoode IIN 'DPAS''7'rrN: DFAS-PMTC 8899' EAST 56STH;S~Ei6249_1410 INDIANAPOLI ...dlo.,.W.wllt\MId Wage . and Tax Statement ',~o"",,,tlp._ 267.19 0.00 Copy ~ To Be . Filed Wdh l:mPIoyee's Sta:.. City. or Local Income Tax Return 2001 . EmpIoyeCl', rwne, addroes. and ZiP cod' uAa5038311 , R2ZEBU10 CARL R NOLTE PO BOX 1024 CARLISLE 8AltltlllUlaEICP-vrn.n1 .0.00 0.00 10 O~~'n4enl 0_ ~fk. 12 aaeln&VL ~r bOll 13' 35 Q 87. - 1U..in<<fIo1PfS339:09 . , 1'1, " . PA 17013-6024 Defla- of". . TreasUry. . Internal Revenue Service . 0"""'..... 13 '. ORlIlIremenC licit Pay OStlllulOry PIIII'I .mploy'. 111 LooelnG-omltu 20l.ooelltVMl1\II . -V,.. tlpll, RO. 1111'*' Incomtl tu 5 18 Looe! w..._ tlCo. ................... .................................. --.-.,...... ...... 18427.63 515~..~.... ....,...,......,...,....................,......,.. 'PAlO 18455808..,....,.....,.......... .......,...........,..,................. ,....,....,.........0,.. 00 . ..,..........,.. ,................,...,..... 0.00. ..~ '-'", '-.... Form W-2 W e and Tax Statement 2001.'" OMB N..1...-.... Co...., ....b.' Copy BToB. flied WItI1 Employee's FEDERAL 000014 Tax Return. . Employe". name, address, ",",d ZIP code C . J . NOLTE CO. ,XNC; . . P.O. BOX 294 . EASTERUNSWIGI</NJ/ 08816-0294 39-1908647 Em.1'oyer identification "!,Imber 2;.!-1978279 Employee's loclall8curity no. 157-52-1298 7 Social ..curity tlpl ' . 0.00 8 Allocated tipl De artment of the Treasu 1 W!lII8,,'tjps,'QthercoAlP. ' '. .. 47499; 40 3 Soclal..curtly wagqtf " 49999.56 5-',M.. ~l_.w.....,,'andtip. '...49.999; 56 9, Aclvance,EICPtymen.t'.: . '. 0.00 12a"'12d Cod. SlOlns1- for box 12 2500..16 18 State wages, tips. et~. . '49999.56 0.00 Th~ Information II being fumllh.d to the Internal Revenue Service. 15 State Em'pJoy.,.. etate ID number PA 2;.!-197-8279 17 State income tax 1330,15 0.00 18 Local wai8s. tips, etc, 49~99.56 0.00 19 Loealincome tax, 471.38 0.00 Internal Revenue Service 2 FIII,d.lncome We withheld 5719.64 4" $ocia security tax withh.1 . 3099.97 ~, M,dic:&re tu withheld . ...... 724; 99 10 O.Plltndent..... benefits . . 0;00 13 Statutory 0 employee Retirement ("VI p~' ~ Third-part)' sick pay 20 LOcallt}: name CARLISLE Employ.... name,. addrul, and ZIP code CARL R P.O. BOX 104 CARL;ISLE, PA NOLTE 17013 0.00 11 Nonqualifled plans 0.00 14 . . , ~ , ' , . _YOO ' .-k, , - ,__._, _'. "_, . L__,,_~-"_ -~, -' _' " ' -'-~': ... '-, ... CARL RICHARD NOLTE, PlaintifffPetitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant/Respondent : IN DIVORCE ORDER OF COURT ANDNOW,this tf'J.t\ dayof ~O<...:>~t , 2002, upon consideration of the within Petition, a hearing in the matter is set for the cfI ~ day of df2et t?~J O.A../ , 2002 at /.' 30 /-.m. in Courtroom No. I . of the Cumberland County Courthouse. BY THE COURT, cc: Jacqueline M. Verney, Esquire, for Petitioner Theresa Barrett Male, Esquire, for Respondent ~,~ <7J~ r! ~ 7t0tJ< A.-V .~ C~ -'1_ )1.:;>2...> eftt HLED-O::FlCE OF ,,,t: D:)')c-i0"'Tll'!'I'ny "t,~ I' \_ '_ ,_..1 .'~. , ,n 021\UG21 Pt13:15 CUM8ERt}ND COUNTY PENNSYLVANiA - .. "",.-. .'-,' ~"""~~~iI'l~ <~~l~ ll!li~.~..,.".,.__ I - ~ I, " " /-"'. 'To \_ ,_, t~'! , I j ....., . '. CARL RICHARD NOLTE, Plaintiff/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE, : NO. 2000-3382 CIVIL TERM Defendant/Respondent : IN DIVORCE PETITION TO BIFURCATE DIVORCE AND NOW, comes the Plaintiff, Carl Richard Nolte, by and through his attorney, Jacqueline M. Vemey, Esquire, and represents the following in support of his Petition: I. Petitioner is Carl Richard Nolte, Plaintiff in the above-captioned divorce action. His current address is P.O. Box 1024, Carlisle, Pennsylvania, 17013. 2. Respondent is Sarah E. Heitzman-Nolte, Defendant if the above-captioned divorce action. Her current address is 622 West Louther Streer, Carlisle, Cumberland County, Pennslvania, 17013. 3. The parties were married on September 6,1980 in New York, but have lived separate and apart since February 23,2000. 4. Petitioner initiated this divorce action on June 2, 2000. Respondent's Acceptance of service was signed on June 13, 2000. Respondent filed an Answer and Counterclaim on June 19, 2000 raising the economic claims of equitable distribution, alimony and counsel fees. 5. The Divorce Master was appointed in the matter and a Pre-Trial conference was held on June 6, 2002. 6. A hearing before the Divorce Master is scheduled for October I, 2002 to resolve ,-, , ;. ~i .,_ " j<:.,! .... three issues: loan to son, marital misconduct, and the marital/nonmarital status of personalty from Wife's family. 7. There is currently a child support and spousal support in place which Petitioner is abiding by. 8. Petitioner has petitioned for termination of he child support order as the child attained the age of eighteen on August 8, 2002. 9. Respondent presently maintains her own health insurance. 10. The parties have lived separate and apart for two years and six months. II. Petitioner wishes to have the marriage terminated at this time and without further delay. 12. Bifurcation will separate the termination of the marriage from the ancillary economic claims ofthe Respondent so that the Petitioner may proceed with his life plans. 13. Petitioner believes that bifurcation will further encourage case settlement between the time that the divorce is decreed and the hearing before the Divorce Master. WHEREFORE, Petitioner requests this Honorable Court schedule a hearing on the advantages and disadvantages on the matter of bifurcation. Respectfully submitted, J /17 /()~ %.i acq eline M. Vemey, Esquir 23167 44 S. Hanover Street Carlisle, P A 17013 (717) 243-9190 Attomey for Plaintiff 2 ,:, ~ -~Ii!!ll ~ ~~ . .~ -. - ! - "~'if! . '. ..; '.. VERIFICATION I verify that the facts included in the within Petition are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. S 4904 relating to unswom falsification to authorities. Dated: g /19 -0 ~ ~J Carl Richard Nolte ~ ..~ - ~' . ,.- .~ "- ~ ~ _ t_. ~ CERTIFICATE OF SERVICE I, Jacqueline M. Vemey, Esquire, hereby certifies that a true and correct copy of the foregoing Pleading was served upon the following by placing same in the United States Mail, first class, postage prepaid, on the date indicated: Theresa Barrett Male, Esquire 513 N. Second Street Harrisburg, P A 17101 Date: Y - 1'7 --() ;Z ~,~ <.' acq line M. Vemey, Esquire # 167 44 South Hanover-Street Carlisle, PA 17013 (717) 243-9190 Attomey for Petitioner y+- ~~~~ ....... ,1O'~<~'.lOIIi~:: ~ k ....uw Jl, .~, ~'~""'~t~' '"-"""1I1!IjIM.1I<Iii>l~~~~ n . ~._.~~~"~~ ~ o C ?- -0-". rnF;: ?,.,.; ~~-t ~t-:~' 1f~ =2 :}? 1";:' ~ (JI -g' r"" t;~ "'" r- ~ :'2 ., >-..1 'J"' {h:n r.' ~~,] ~E <i,.'.L ,.~$~ (Sin ".--/ 55 -< \.0 -~:'!:i.:~; , , CARL RICHARD NOLTE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW SARAH E. HEITZMAN-NOLTE,: Defendant NO. 00-3382 CIVIL TERM SARAH E. HEITZMAN-NOLTE,: IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYL VANIA v. DOMESTIC RELATIONS SECTION PACSES NO. 978102896 CARL R. NOLTE, Defendant NO. 00-1052 SUPPORT ORDER OF COURT AND NOW, this 23'd day of August, 2004, upon consideration of the attached letter from Jacqueline M. Verney, Esq., attorney for Carl Richard Nolte, and Theresa Barrett Male, Esq., attorney for Sarah E. Heitzman-Nolte, the hearing previously scheduled in the above matters for August 26,2004, is continued generally. COUNSEL ARE directed to contact the court if they desire a hearing in this matter or if a settlement is reached. BY THE COURT, k, ,-\1- '.Jj- ~~ r~ l~ ZiJ01{ ;~UG 23 P;<-; ?; L? 7' . cS r-t ~ \J~ ~ '1 J JJ , ~ , , ~ ,-- .. Jacqueline Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Carl Richard Nolte Theresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Sarah E. Heitzman-Nolte :rc '" _V'o". ,'. -, "-' --,.~,) ,- ~ . THERESA BARRETT MALE COUNSELOR AT LAW THERESA BARRElT MALE 513 NORTH SECOND STREET HARRISBURG, PENNSYLVANIA 17101 SUSAN C. APPLEBY, PARALEGAL JONATHAN]. MALE, LEGAL ASSISTANT August 20, 2004 (717) 233.3220 FAX (717) 233.6862 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse High & Hanover Streets Carlisle, PA 17013 Re: Nolte v. Heitzman-Nolte (# 2000-3382) Dear Judge Oler: In order to explore settlement options, the parties have agreed to continue generally the hearing now set for August 26, 2004. If you need an order to that effect, please advise. Sincerely, ~1~1!(d- A.V~ line M. Verney TBM/sca Cc: Sarah E. Heitzman-Nolte AU!] ;; J .~ "