HomeMy WebLinkAbout02-5630GRETA M. STACKHOUSE,
Plaintiff
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 0 %,20 C WL TERM
CIVIL ACTION - LAW
DIVORCE
ALLAN W. STACKHOUSE,
Defendant
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following
pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you
and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property
or other rights important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request
mandage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland
County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES
OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU
MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. ~9ol. - O/(o ,-~ o CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
AND NOW, this ~ day of November, 2002, comes the Plaintiff, Greta M. Stackhouse,
by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the
following is a statement:
COUNT I
DIVORCE
The Plaintiff is Greta M. Stackhouse, an adult individual residing at 85 Biddle Road,
Carlisle, PA 17013.
The Defendant is Allan W. Stackhouse, an adult individual residing at 85 Biddle Road,
Carlisle, PA 17013.
Bo
Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least
six (6) months previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on November 17, 1963 at Montgomery, New York.
5. There have been no prior actions of divorce or annulment between the parties.
Plaintiff has been advised of the availability of counseling and the right to request that the
Court require the parties to participate in counseling.
The Defendant is not a member of the Armed Services of the United States or any of its
Allies.
The Plaintiff avers that the grounds on which the action is based are:
a. Section 3301 tel Consent No-Fault The marriage is irretrievably broken;
Section 3301(d) Non-consent No-Fault: The marriage is irretrievably broken and
the parties are now living separate and apart. Once the parties have lived separate
and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the
parties have lived separate and apart for at least two (2) years and that the marriage
is irretrievably broken.
Section 3301 (a)(6) Fault-Indignities: Defendant has offered such indignities to the
person of the Plaintiff, the innocent and injured spouse, as to render her condition
intolerable and life burdensome, and that this action is not collusive.
Section 3301 (a)(2) Fault-Adultery: Defendant has committed adultery in
violation of his marriage vows to the Plaintiff, the injured and innocent spouse.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce,
divorcing the Plaintiff and Defendant.
COUNT II
EQUITABI,E DISTRIBUTION
4
Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were
set forth at length.
10.
Plain.tiff and Defendant have acquired property and debts, both real and personal, during their
marriage from November 17, 1963 until the date of separation, all of which are "marital
property" or "marital debts".
11.
12.
Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-
marital property" which has increased in value since the date of marriage and/or subsequent
to its acquisition during the marriage, which increase in value is "mahtal property".
Plaintiffand Defendant have been unable to agree as to an equitable division of said property
and debts as of the date of the filing of this Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital
property and debts of the parties.
13.
COUNT III
ALIMONY PENDENTE LITE, ALIMONy
Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were
set forth at length.
-2-
14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the
standard of living established during the marriage.
WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony
pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter.
COUNT IV
COUNSEl, FEES, COSTS AND EXPENSES
16.
Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were
set forth at length.
17.
Plaintiff has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the
necessary and reasonable attorney's fees for said counsel.
18.
The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and
does not have the funds to pay the necessary and reasonable fees.
WItEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel
fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary
and appropriate and at final heating to further award such additional counsel fees, costs and expenses
as are deemed necessary and appropriate.
Respectfully submitted,
i~~d::~F, ESQUIRE
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32l 12
Attorney for Plaintiff
VERIFICATION
GRETA M. STACKHOUSE verifies that the statements made in this Complaint are tree and
correct. GRETA M. STACKHOUSE understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities.
RETA M. ~TACKHOUSE
-4-
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
Vo
ALLAN W. STACKHOUSE,
Defendant
· NO. /I CIVIL TERM
: CIVIL ACTION - LAW
:
· DIVORCE
TEMPORARY INJUNCTION AND ORDER FOR HEARING
AND NOW, this ~____~day of/00~, 2002, upon consideration of the within Petition, IT
IS HEREBY ORDERED that:
A hearing is scheduled on the within Petition for the i}$" ~day of /0trt~-,~ ,
20~
at ~i~': ~ 0 o'clock ~ .m. in Courtroom ,,('" of the Cumberland County Courthouse,
Carlisle, Pennsylvania· The parties shall appear at that date and time and give testimony and
argument on the issues raised in the within Petition·
party:
AND IT IS FURTHER ORDERED that pending the hearing, but without prejudice to either
Allan W. Stackhouse ("Husband") and Greta M. Stackhouse ("Wife") are enjoined
from removing, transferring, conveyancing, disposing, alienating or encumbering of
any of the marital assets listed in Table #4 of the within Petition.
With respect to the business known as Allen & Greta Stackhouse Antiques ("Wife's
Antique Business") Husband (directly or through any third party including Barbara
Weibley) is enjoined from:
A. operating Wife's Antique Business;
removing, transferring, conveying, selling, disposing, alienating or
encumbering any of the assets and inventory of Wife's Antique Business;
and/or
- 1 -
o
entering upon the premises in which Wife's Antique Business operates,
including Albion Point Antique Mall, Carlisle Plaza Mall, Carlisle,
Pennsylvania and the Crossroads Antique Mall, Hagerstown, Maryland
Husband shall maintain all existing life insurance policies on his life, including the
Civil Service life insurance policies and the Prudential life insurance policy and shall
maintain the designation of Wife as the beneficiary of the death benefits thereof.
Husband shall maintain health insurance coverage on Wife.
JUDGE
DISTRIBUTION TO:
Plaintiff's Attorney:
DIANE G. RADCLIFF ESQUIRE
3448 TRINDLE ROAD
CAMP HILL, PA 17011
Plaintiff:
GRETA M. STACKHOUSE
35 BIDDLE ROAD
CARLISLE, PA 17013
I
~Defendant:
)ALLAN W. STACKHOUSE
135 BIDDLE ROAD
]CARLISLE, PA 17013
I
mo.',
LJ
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
Vo
ALLAN W. STACKHOUSE,
Defendant
: NO. CIVIL TERM
· CIVIL ACTION - LAW
: DIVORCE
pETITION FOR SPECIAL RELIEF/INJUNCTION
AND NOW, this ')..1 dlday of November, 2002, comes the Petitioner, Greta M. Stackhouse, by her
attorney, Diane G. Radcliff, Esquire, and files the above referenced Petition, and represents that:
1. Your Petitioner is Greta M. Stackhouse, (hereinafter referred to as "Wife"), residing at 85 Biddle
Road, Carlisle, PA 17013, and is the Plaintiff in the above captioned divorce action.
2. Your Respondent is Allan W. Stackhouse, (hereinafter referred to as "Husband"), residing at 85
Biddle Road, Carlisle, PA, 17013, and is the Defendant in the above captioned divorce action.
3. The within action was commenced by Wife's filing of a Div,xce Complaint immediately prior to the
filing of this Petition. In that Divorce Complaint, the following claims were raised: (1) Divorce
under Sections 3301 (c), 3301 (d), 3301 (a)(6) and 3301 (a)(3); (2) Equitable Distribution of Marital
Property and Debts; (3) Alimony Pendente Lite; (4) Alimony; (5) Counsel Fees and Costs.
4. The parties were married on November 17, 1963 at Montgomery, New York. This is a first
marriage for both Husband and Wife.
5. There were two (2) children born of this marriage, both of whom are emancipated, to wit: Lisa A.
Stackhouse Meneely, age 38, born on May 24, 1964; and Allan B. Stackhouse, age 34, born on
September 15, 1968.
6. Wifeisage 56, bomonMarch 8, 1946. W/fe suffers from high blood pressure, arthritis in her hands,
anxiety and depression. Further Wife has medical restrictions on the weight she is permitted to life
as the result of a prior hysterectomy.
ge
Husband is age 63, born on September 10, 1939. Husband is in fairly good health, although he has
some arthritis in his back.
Wife is not employed. Wife last worked in 1998 when she was employed by Jeffries Floral Shop,
Carlisle, PA, working approximately 20 hours per week and earning approximately $7.00 per hour.
That employment was terminated with Husband's knowledge, consent and encouragement after
Wife had a hysterectomy which resulted in physical restrictions prevented her from performing her
job duties.
9. Wife is financially dependent upon Husband for her support.
10. Husband is retired from the Civil Service and is entitled to and receives a Civil Service Retirement
Pension, (hereinafter referred to as "Civil Service Pension") which is entirely marital property. The
Civil Service Pension benefits are paid to Husband monthly and disposed of as set forth in the
following Table
TABLE #1
HUSBAND'S MONTHLY CIVIL SERVICE RETIREMENT PAY
DESCRIPTION MONTHLY MONTHLY
SUBTOTAL TOTAL
AMOUNT AMOUNT
$3,013.00
GROSS PAY
Federal Tax ($ 371.00)
Health Insurance ($186.20)
Supplemental Life Insurance ($80.40)
Basic Life Insurance ($18.47)
Total Deductions ($656.07) ($656.07)
NET PAY PER MONTH $2,356.93
Direct deposit into Husband's Vartan checking account #0001092097
Automatic transfer into the joint Vartan account #0001092105 and used to $1,200.00
pay household bills
Retention by Husband in his Vartan National Bank checking account $1,156.93
#0001092097
TOTAL OF DISPOSITION $2,356.93 $2,356.93
11. From the $1,200.00 deposited into the marital account Wife pays the household expenses set forth
- 1 -
on the following Table
TABLE #2
HOUSEHOLD EXPENSES
1 Maintenance And Repairs
2 Utilities: Electric, Gas, Oil, Telephone, Water, Sewer, Trash, Etc.
3 Food and Other Grocery Items for Joint Use of the Parties
4 Pay TV
S _Ar CE
5 Homeowners Insurance for Marital Home
6 Automobile Insurance for Any Policy Covering Both Parties Vehicles
7 Life Insurance on Either Parties Life
8 Doctor Expenses for Either Party
9 Optical Expenses for Either Party
10 Dental Expenses for Either Party
11 Hospital Expenses for Either Party
12 Medicine Expenses for Either Party
MISCELLANEOUS EXPENSES
13 I Expenses for the parties' animals including feed and veterinary care.
12. After Wife pays the household expenses referenced in Table #2 above, there is little or no funds left
for personal expenditures for Wife.
13. As indicated on Table #1, Husband has health insurance which covers both Husband and Wife.
Also, as indicated on Table #1, Husband has life insurance on his life (basic and supplemental),
under which Wife has heretofore been designated as the death beneficiary. Husband also maintains
a Prudential life insurance policy on his life under which W, fe has been designated the death benefits
beneficiary. This Prudential life policy is listed as Item 17 on Table #3 below.
14. The parties' marital assets and debts are listed on the following Table #3:
- 2 -
TABLE #3
LISTING OF MARITAL ASSETS
No. Description Owner Jointly Controlled Controlled
Controlled by Husband by Wife
Est. Value Est. Value Est. Value
1 85 Biddle Road, Carlisle, PA 17013 JT. $350,000.00
2 Wife's 1996 Ford Windstar Automobile Wife Unknown
3 Husband's 1990 Ford F-150 Pick up Truck Husband Unknown
4 Joint Financial Network Investment Corp. JT $3,300.00
Account
5 Husband's Waypoint Focus 50 Acct Husband $300.00
31900015511
6 Husband's M&T Business Acct #? Husband Unknown
7 Husband's Vartan National Bank Acct Husband $11,600.00
#0001092097
8 Joint Vartan National Bank Acct JT $1,100.00
#0001092105
9 Husband's NFCU Acct #01 0215 Husband $350.00
10 Husband's Member's 1st Acct gl 1776 Husband $325.00
11 Wife's Member's 1st Acct #? Wife $4,300.00
12 Wife's Community Banks Acct Wife $13,000.00
g4502093209
13 Husband' s 1968 Firebird Convertible Husband Unknown
(Classic)
14 Husband's 1934 Plymouth Coupe Street Husband Unknown
Rod
15 Husband's Waypoint Certificate of Deposit Husband $28,725.00
#1900012661
16 Waypoint Certificate of Deposit Husband $78,679.00
#1900012662
17 Prudential Life Insurance Policy Husband Unknown
18 Allen & Greta Stackhouse Antiques Wife Unknown
- 3 -
TABLE #3
LISTING OF MARITAL ASSETS
No. Description Owner Jointly Controlled Controlled
Controlled by Husband by Wife
Est. Value Est. Value Est. Value
19 Husband's Civil Service Thrift Savings Husband Unknown
Plan
20 Husband's Civil Service Pension Husband Unknown
21 Household Goods and furnishings JT Unknown Unknown Unknown
pRF. LIMINARY TOTAL $354,400.00 $119,979.00 $17,300.00
15.
16.
14'/fe believes that the assets listed as Item 1 through Item 12. on Table #3 are protected pending, or
of minimal significance in, equitable distribution, and therefore, no injunctive order is required
because:
ae
The marital home located at 85 Biddle Road, Carlisle, PA 17013 cannot be sold nor
encumbered without the consent of both parties;
The 1996 Ford Windstar and the 1990 Ford F-150 Pick up Truck are older vehicles having
minimal value which can easily determined.
The (#4) Financial Network Investment Corp. Account; (#5) Waypoint Focus 50 Account
3190001551; (#6) M&T Business Account #?; (#7) Vartan National Bank Account
#0001092097; (#8) Vartan National Bank Account #0001092105; (#9) NFCU Account #01
0215, (#10)Member's 1st Account #11776, and (#11) Community Banks Account
//4502093209 are: easily valued; of minimal value so the disposition would not substantially
effect the outcome of this case; and/or the amount controlled by each party does not give
either party any financial advantage over the other party in this divorce.
The marital assets listed on the following Table #4, are in the control of Husband, and the removal,
disposition, alienation or encumbrance of said assets by Husband will cause irreparable harm to
W/fe and will defeat her claims to a fair and equitable distribution thereofi
TABLE #4
LIST OF ASSETS FOR WHICH AN INJUNCT]iON IS REQUIRED TO
MAINTAIN THE STATUS QUO AND PRESERVE FOR EQUITABLE DISTRIBUTION
Table Description Owner Controlled Controlled by
#3 No by Husband Wife
Est. Value Est. Value
13 Husband's 1968 Firebird Convertible (Classic) Husband Unknown
14 Husband's 1934 Plymouth Coupe Street Rod Husband Unknown
15 Husband's Waypoint Certificate of Deposit Husband $28,725.00
#1900012661
16 Waypoint Certificate of Deposit #1900012662 Husband $78,679.00
17 Prudential Life Insurance Policy Husband Unknown
18 Allan & Greta Stackhouse Antiques Wife Unknown Unknown
19 Husband's Civil Service Thrift Savings Plan Husband Unknown
20 Husband's Civil Service Pension Husband Unknown
21 Household Goods and Furnishings Husband & Unknown Unknown
Wife
pRELIMINARY TOTAL $107,404.00 $0.00
17. The antique business known as Allan & Greta Stackhouse Antiques (hereinafter referred to as the
"Wife's Antique Business"), and listed as Item #18 in Tables #3 and #4, is a business owned solely
by Wife, but which has been operated by Husband. Wife's Antique Business consists of the purchase
and resale of antiques. Approximately fifty percent (50%) of the sales are for cash and for which
there are no records. Wife's Antique Business is operated from a booth in two (2) co-op malls, one
located at Albion Point Antique Mall, Carlisle Plaza Mall, Carlisle, Pennsylvania and the second
at Crossroads Antique Mall, Hagerstown, Maryland. In addiition numerous of the inventory antiques
of Wife's Antique Business are stored at the parties' marit~d home property, throughout the home,
garage and shed.
18. Wife, as the owner of the Wife's Antique Business desires to operate this business. Thus far,
Husband has not permitted Wife to operate this business nor has he provided her with any
accounting of the purchases, sales and payment of expenses for that business. Wife believes that
unless Husband is enjoined from operating or entering upon Wife's Antique Business's booths that
he will sell the antiques for cash, or otherwise dispose of them since there may be no record of their
existence, and will not account to Wife therefor.
- 5 -
19.
20.
There is no complete inventory nor records of the assets and. inventory of W/fe's Antique Business,
and the same can be easily disposed of without any record of the sale.
In the past Husband has told Wife that Wife's Antique Business belongs to him and that she is not
entitled to it.
21. Wife's Antique Business is operated out of two (2) co-ops and therefore take little involvement of
either party to conclude sales. This business therefore will not diminish in value if Wife takes over
the operation.
22. There is no complete inventory nor records of the household goods and contents listed as item 21
on Table #4, and the same can be easily disposed of without any record of the sale.
23.
For some time now, Husband has had a girlfriend, Barbara Weibley, who resides at 105 Hill Top
Drive, Mt. Holly, PA, and who also operates an antique business at or near the same locations where
Wife's Antique Business is operated. Wife fears that the said Barbara Weibley is or may assist
Husband in disposing of the inventory and assets of Wife's Antique Business.
24. Within the past two (2) weeks, Husband has been removing: items from the marital home including
some of the antiques that are a part of Wife's Antique Business and some of the household goods and
contents, and he has not advised Wife of his disposition thereof.
25. Wife believes that Husband will continue to remove and dispose of the antiques that are a part of
Wife's Antique Business and the household goods and contents without any accounting to Wife and
without the ability to discover or prove the identity and value thereof.
26.
27.
28.
Wife believes and fears that Husband will removal, transfer, convey, dispose, alienate or encumber
all or part of the assets listed on the foregoing Table #4, all of which are marital and under
Husband's control, so as to prevent Wife from identifying and valuing said assets and/or from
obtaining the fair and equitable division thereof, unless an injunction is entered prohibiting removal,
transfer, conveyance, disposition, alienation or encumbering of property thereof.
The relief requested in this Petition is authorized under 23 Pa.C.S.A. 3323 (f), 23 Pa.C.S.A. 3505(a),
and Pa.R.C.P. Rule 1920.43.
Husband has not yet retained legal counsel in this divorce action. He has not been notified of the
intended filing of this Petition because it was feared that if he knew of this filing in advance of the
filing and entry of the order attached hereto, he would hide or transfer marital assets in order to
- 6 -
prevent Wife from obtaining valuations of the said assets or fair and equitable distribution thereof.
WHEREFORE, based on the foregoing, Wife respectfully requests this Honorable Court to enter an order:
a. Prohibiting either party from withdrawing, cashing, expending or otherwise disposing of the
funds in the Waypoint Certificates of Deposit #1900012661, Waypoint Certificates of
Deposit #1900012662 and Husband's Civil Service Thrift Savings Plan without first
obtaining the written consent of the other party or court approval therefor;
b. Prohibiting either party from removal, transfer, conveyance, disposition, alienation or
encumbering the 1968 Firebird Convertible Automobile (Classic) and the 1934 Plymouth
Coupe Street Rod without first obtaining the written consent of the other party or court
approval therefor;
c. Prohibiting Husband from doing any of the following either directly or through any third
party including, but not limited to, his girlfriend, Barbara Weibley,:
f.
1. operating Wife s Antique Bustnes ,
removing, transferring, conveying, selling, disposing, alienating or encumbering any
of the assets and inventory of Wife's Antique Business; and/or
me
entering upon the premises in which Wife ~ Antique Business operates, including
Albion Point Antique Mall, Carlisle Plaza Mall, Carlisle, Pennsylvania and the
Crossroads Antique Mall, Hagerstown, Maryland
Requiring Husband to maintain all existing life insurance policies on his life, including the
Civil Service life insurance policies listed in Table #1 above and the Prudential life insurance
policy listed in Tables #3 and #4 above and to maintain Wife as the designated beneficiary
of the death benefits thereof until such time as he obtains the written consent of Wife or court
approval to terminate that coverage or beneficiary designation;
Requiring Husband to maintain health insurance coverage on Wife during the pendency of
these proceedings of until such time as he obtains obtaining the written consent of Wife or
court approval to temfinate that coverage;
Requiring Husband to temporarily share his Civil' Service Pension with Wife by equally
dividing the net benefits between the parties pending equitable distribution. And further, that
- 7 -
as long as parties continue to reside together in the marital home that each party would be
required to pay fifty percent (50%) of any household expenses set forth on Table #2:
For such other and further relief as the Court may deem appropriate.
Respectfully submitted,
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Greta M. Stackhouse
- $ -
VERIFICATION
GRETA M. STACKHOUSE verifies that the statements made in this Petition
are true and correct. She understands that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn
falsification to authorities.
GRETA 'M '. STACKHOUSE
Date: //
10
GRETA M. STACKHOUSE, :
Plaintiff :
:
V. :
:
ALLAN W. STACKHOUSE, :
Defendant :
IN THE COURT OF COM140N PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
02-5630 CIVIL TERM
ORDER OF CQURT
AND NOW, this 25th day of November, 2002, at the
request of the defendant, hearing in this matter is continued
until Monday, December 16, 2002, at 8:30 a.m. Pending said
hearing, our temporary injunction of November 21, 2002, shall
remain in full force and effect.
By the Court,
Edward E. Guido, J.
Diane G. Radcliff, Esquire
/ For the Plaintiff
Allan W. Stackhouse, Pro se
/
it
GRETA M. STACKHOUSE,
Plaintiff
VS,
ALLAN W. STACKHOUSE,
Defendant
NOTICE
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5630 CIVIL TERM
IN DIVORCE
TO PLAINTIFF NAMED HEREIN:
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND
CROSS-PETITION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT
JUDGMENT MAY BE ENTERED AGAINST YOU.
2 December 2002
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
GRETA M. STACKHOUSE,
Plaintiff
VS.
ALLAN W. STACKHOUSE,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5630 CIVIL TERM
IN DIVORCE
DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF
AND INJUNCTION AND CROSS PETITION FOR SAMF
AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes,
and makes the following Answer to Plaintiff's Petition and files a Cross Petition of his
own as set forth herein.
ANSWER TO PLAINTIFF'S PETITION
1 through 5. Admitted.
6. Defendant admits that Wife has some health problems but denies those
problems prevent her from gainful employment or other useful and constant activity.
7. Admitted.
8. Defendant admits that Plaintiff is not employed and has not held regular or
productive employment for sometime, but denies that he has encouraged that choice or
that Wife is incapable of gainful employment. The restrictions on Wife's physical activity
are slight and do not prevent her from holding employment or pursuing regular activities.
9. Admitted at the present time.
10. Denied as stated. Defendant admits that he receives a civil service pension
but denies that the pension is entirely marital property because at least a portion of it was
earned prior to the date of the parties' marriage. The figures set out in Table 1 of
Plaintiff's Petition accurately reflect the taxes and other items withheld from his pension
payment.
11. Denied. Defendant does not have precise knowledge of how Plaintiff spends
the funds which he provides to her, because that information is within the control of
Plaintiff. Accordingly, Defendant denies same and demands proof thereof at a hearing. In
addition, Defendant states that he pays a substantial portion of the household expenses
and that, by doing so, he is paying substantially more than his fair share after taking into
consideration the money he gives to the Plaintiff on a regular basis.
12. Denied for the reasons set forth in the answer to Paragraph 11 above.
13. Admitted.
14. Denied. The list of assets set out in Table 3 of Plaintiff's Petition, the values
assigned to those assets, and the designation of who controls these items is denied
because that information is incomplete and inaccurate. Moreover, the extent that any of
those items are controlled by Plaintiff, Defendant has no direct information about those
items or their value because that information is within the control of Plaintiff and so he
denies the existence or values attributed to those items and demands proof of them at a
hearing. Defendant further declined, at this time, to express an opinion as to the items
listed on Table 3.
15. Defendant admits that Wife believes that the statements made in Paragraph
15. The averments set forth in Defendant's Cross-Petition are incorporated herein by
reference~
16. Denied. Defendant denies that the items listed on Table 4 in Plaintiff's Petition
are within his exclusive control. For the most part, those items are now locked up in the
marital residence, or portions of the marital residence to which the Defendant does not
have access. Defendant denies any plan or intention of disposing of such items but states
that, even if those items were placed beyond Plaintiff's reach, she would not suffer
irreparable harm, because more than adequate equity exists in other marital assets to
assure Plaintiff her fair share of the assets as part of the equitable distribution in this
case. To the contrary, the relief requested by Plaintiff will cause more injury to
Defendant, and to both of the parties, than denying the injunction she seeks. The
averments set forth in Defendant's Cross-Petition are incorporated herein by reference.
17. Denied. Although the antique business has filed taxes under Plaintiff's name,
the business is owned by both parties, is marital property, and has been for many years
operated solely by Defendant. Defendant denies that 50% of the sales are by cash for
which no record is kept and avers, to the contrary, that the vast majority of sales are
recorded through the antique cooperatives at which the business operates. To the extent
that antiques are stored in the parties' residence, Defendant states that the vast majority
of those items belong to Defendant himself, are not part of the antique business inventory
and, in many cases, are non-marital property.
18. Admitted in part and denied in part. Defendant admits that Plaintiff now
expresses a desire to operate the business but denies that he has prevented her from
participating in the business. To the contrary, Defendant has always permitted, and on
many occasions has attempted to encourage, Plaintiff to participate in the operation of the
business and to assist him in managing and operating it. Defendant denies that he has
failed to provide her with an accounting of the business operations and avers that, to the
contrary, he provides regular information to her and the accountant that prepares the
parties' tax returns. Further, Defendant states that the financial operations of the
business are always available to Plaintiff, both from Defendant himself and from other
sources, including the accountant, the bank records of the business, and the antique
cooperatives at which the business operates. Further, Defendant states that enjoining his
continuing operation of the business will cause greater harm to the parties and the
business, than would denial of the injunction and specifically denies any intention of
disposing of or concealing any assets owned by the business.
19. it is admitted that there is no complete inventory of the antique business.
However, such an inventory can easily be created by physical inspection of the antique
business sales location. Defendant denies that the assets of the antique business can be
easily disposed of without any record of the sale.
20. Denied. Defendant has stated that he operates the antique business but he
has not stated that she is not "entitled to it."
21. Denied. Although it is admitted that the business operates at two or more
antique cooperatives, from which sales can be made without the presence of Plaintiff or
Defendant, Defendant denies that sales at those locations is the only involvement required
of the parties to successfully operate the business. The business requires purchasing and
replacement of inventory items, moving inventory items to locations, review and approval
of sales records, and various other items which Plaintiff has not performed for many years
and which Defendant does not believe Plaintiff can perform properly. The averments set
forth in Defendant's Cross-Petition are incorporated herein by reference.
22. Admitted. However, those items can be as easily disposed of by Plaintiff
without record as by Defendant and the conduct of the parties up to now strongly
suggests that Plaintiff is more likely to improperly dispose of or conceal those items than
is Defendant. The averments set out in Defendant's Cross-Petition are incorporated
herein by reference.
23. Defendant admits that he has a friend who also operates an antique business
but denies there is any basis for Plaintiff to believe that friend, or Husband himself, may
dispose of the assets or inventory of the antique business. The averments set forth in
Defendant's Cross-Petition are incorporated herein by reference.
24. Denied as stated. The items which Defendant has moved from the marital
home have been moved to a new antique cooperative location recently opened by
Defendant in Maryland, for purposes of stocking that location. There has been no
misconduct by Defendant to dispose of or otherwise treat improperly any of the assets of
the business.
25. Defendant admits that Plaintiff may believe such things but denies that there is
a basis for them. Defendant has operated the antique business in good faith, and in a
responsible fashion, for several years without participation by Plaintiff and there is no
reason to believe his conduct toward the business, or its operation, will change.
26. Denied. Defendant denies any intention to dispose of or conceal assets or
otherwise deal with them improperly and denies that there is any basis in fact to support
Plaintiff's claims or suspicions. To the contrary, Defendant has at all times treated
Plaintiff fairly and observed all of her property rights with regard to the assets of the
parties. The averments set out in Defendant's Cross-Petition are incorporated herein by
reference.
27. Admitted.
28. Admitted although that situation has changed and Defendant is now
represented by counsel.
WHEREFORE, Defendant prays this court to deny Plaintiff's Petition for Injunctive
Relief, to vacate the temporary injunction ordered, ex parte on 21 November 2002, and to
grant the relief set forth in Defendant's Cross-Petition.
DEFENDANT'S CROSS-PETITION FOR SPECIAL RELIEF AND INJUNCTION
The Defendant named above hereby sets forth the following Cross-Petition for relief
in this matter:
29. The averments set forth in Paragraphs 1 through 5 of Plaintiff's Complaint are
incorporated herein and the averments set forth in Paragraphs 1 through 28 of
Defendant's Answer are incorporated herein by reference.
30. For several years the antique business which the parties own has been
operated solely by Defendant, with little or no assistance or input from Plaintiff.
31. The antique business specializes in the sale and resale of antique items with
which Defendant is familiar because of Defendant's years of collecting such items and
selling and purchasing them.
32. Plaintiff is without experience or expertise in the operation of the antique
business which the parties own, is not familiar with the sources of items to be sold, the
proper pricing and profit margin for those items, and the other information which the
parties require to effectively operate the business.
33. Excluding Defendant from the management and operation of the antique
business is likely to cause its failure and demise because Plaintiff is not experienced and
skilled in the tasks necessary to effectively operate the business.
34. Defendant, the parties' accountant, and the cooperatives at which the antique
business operates maintain records which will adequately protect both parties in the
future operation of the antique business. Excluding Defendant from the operation of the
business is likely to destroy that record keeping which is critical to the operation of the
business.
35. Because of the substantial value of other marital assets owned by the parties,
irreparable harm will not be done to either of the parties if the antique business fails or
ceases to conduct operations. The business generates little or no profit, and the income
from the business is not critical to the parties to meet their living expenses.
36. The residence of the parties, and particularly the garage and storage area
above and adjacent to the garage, contain large quantities of tangible personal property,
some of which are antiques and many of which are collectibles, which can be easily
removed and disposed of by either party.
37. This court, by its order of 21 November 2002, has enjoined Defendant from
removing any items from the marital house. The court has not, however, enjoined or
prohibited Plaintiff from removing, concealing, or otherwise disposing of such items.
38. Since the time of this court's order, Plaintiff has taken physical possession of
all of the assets of the antique business and all of the items of tangible personal property
in the family residence and has, to the fullest extent she could, denied Defendant access
to those items. Plaintiff's conduct has included locking up portions of the marital
residence in which items of tangible personal property are located and denying Defendant
access to them, even for the purpose of photographing or preparing an inventory of such
items.
39. Defendant believes that Plaintiff by her conduct, has demonstrated an
intention of depriving him of all of the tangible personal property owned by the parties and
their antique business and from preventing him from taking any steps to protect his
interest with regard to those items. Defendant fears that Plaintiff will conceal, transfer, or
otherwise dispose of those items in an effort to defeat his property claims to those items.
40. The loss of the items of tangible personal property at the residence, because
many of them represent items of particular personal interest or value to Defendant and are
not replaceable, would cause irreparable harm to Plaintiff. That would be particularly true
if Plaintiff is able to conceal or dispose of those items prior to Defendant having the
opportunity to document or record the existence and description of each of those items.
WHEREFORE, Defendant prays this court to order and direct as follows:
A. Set aside entirely or modify the order entered on 21 November
2002 to permit Defendant to operate the parties' antique business and
prohibit Plaintiff or her agents, representatives, or family members, from
interfering with Defendant's operatibn of the business; and
B. Prohibiting both parties from removing items of tangible personal
property from the marital residence or from the antique business, other than
in the ordinary course of operating the antique business and stocking its
sales locations; and
C. Prohibiting either party from excluding the other from the marital
residence or any portion thereof; and
D. Ordering and directing such other release as the court deems
appropriate and necessary under the circumstances.
Sa'~n~uel L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
VERIFICATION
I verify that the statements made in this Answer and Cross-Petition are true and
correct. I understand that any false statements in this Answer and Cross-Petition are
subject to the penalties of 18 Pa. C.S, 4904 (unsworn falsification to authorities).
Date: _L~ o_ '~. ~ O0 ~..
ALLAN W. STACKHOUSE
CERTIFICATE OF SERVICE
I hereby certify that I served an original of the foregoing Answer and Cross-Petition
upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as
follows:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Date:
2 December 2002
Amy M~) Harkins
Secretary for Samuel L. Andes
GRETA M. STACKHOUSE,
Plaintiff
VS.
ALLAN W. STACKHOUSE,
Defendant
liN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
,CIVIL ACTION - LAW
NO. 02-5630 CIVIL TERM
IN DIVORCE
ORDER
AND NOW this ~ day of '~~ , 2002, a hearing
is hereby scheduled in the above matter, on Plaintiff's Petition for Special Relief and on
Defendant's Cross-Petition for Special Relief. The hearing will be held before the
undersigned in Court Room _~ of the Cumberland County Courth,o. use in Carlisle, _~
Pennsylvania, commencing at ~1,'0~ o'clock ~ .m. on ~C~. the ~)
Distribution:
Diane G. Radcliff, Esquire (Attorney for Plaintiff)
3448 Trindle Road, Camp Hill, PA 17011
Samuel L. Andes, Esquire (Attorney for Defendant)
525 North 12th Street, Lemoyne, PA 1704.3
GRETA M. STACKHOUSE,
Plaintiff
VS,
ALLAN W. STACKHOUSE,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5630 CIVIL TERM
IN DIVORCE
NOTICE
TO PLAINTIFF NAMED HEREIN:
YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED A~E~NG?
CROSS-PETITION WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF O~A ~F~LT
JUDGMENT MAY BE ENTERED AGAINST YOU.
2 December 2002
Attorney for Defendant
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
GRETA M. STACKHOUSE,
Plaintiff
VS.
ALLAN W. STACKHOUSE,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
.COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 02-5630 CIVIL TERM
IN DIVORCE
DEFENDANT'S ANSWER TO PETITION FOR SPECIAL RELIEF
AND INJUNCTION AND CROSS PETITION FOR SAMF
AND NOW comes the above-named Defendant, by his attorney, Samuel L. Andes,
and makes the following Answer to Plaintiff's Petition and files a Cross Petition of his
own as set forth herein.
ANSWER TO PLAINTIFF'S PFTITION
1 through 5. Admitted.
6. Defendant admits that Wife has some health problems but denies those
problems prevent her from gainful employment or other useful and constant activity.
7. Admitted.
8. Defendant admits that Plaintiff is not employed and has not held regular or
productive employment for sometime, but denies that he has encouraged that choice or
that Wife is incapable of gainful employment. The restrictions on Wife's physical activity
are slight and do not prevent her from holding employment or pursuing regular activities.
9. Admitted at the present time.
10. Denied as stated. Defendant admits that he receives a civil service pension
but denies that the pension is entirely marital property because at least a portion of it was
earned prior to the date of the parties' marriage. The figures set out in Table 1 of
Plaintiff's Petition accurately reflect the taxes and other items withheld from his pension
payment.
1 1. Denied. Defendant does not have precise knowledge of how Plaintiff spends
the funds which he provides to her, because that information is within the control of
Plaintiff. Accordingly, Defendant denies same and demands proof thereof at a hearing. In
addition, Defendant states that he pays a substantial portion of the household expenses
and that, by doing so, he is paying substantially more than his fair share after taking into
consideration the money he gives to the Plaintiff on a regular basis.
12. Denied for the reasons set forth in the answer to Paragraph 11 above.
13. Admitted.
14. Denied. The list of assets set out in Table 3 of Plaintiff's Petition, the values
assigned to those assets, and the designation of who controls these items is denied
because that information is incomplete and inaccurate. Moreover, the extent that any of
those items are controlled by Plaintiff, Defendant has no direct information about those
items or their value because that information is within tlhe control of Plaintiff and so he
denies the existence or values attributed to those items and demands proof of them at a
hearing. Defendant further declined, at this time, to express an opinion as to the items
listed on Table 3.
15. Defendant admits that Wife believes that the statements made in Paragraph
15. The averments set forth in Defendant's Cross-Petition are incorporated herein by
reference.
16. Denied. Defendant denies that the items listed on Table 4 in Plaintiff's Petition
are within his exclusive control. For the most part, those items are now locked up in the
marital residence, or portions of the marital residence to which the Defendant does not
have access. Defendant denies any plan or intention of disposing of such items but states
that, even if those items were placed beyond Plaintiff's reach, she would not suffer
irreparable harm, because more than adequate equity exists in other marital assets to
assure Plaintiff her fair share of the assets as part of the equitable distribution in this
case. To the contrary, the relief requested by Plaintiff will cause more injury to
Defendant, and to both of the parties, than denying the injunction she seeks. The
averments set forth in Defendant's Cross-Petition are incorporated herein by reference.
17. Denied. Although the antique business has filed taxes under Plaintiff's name,
the business is owned by both parties, is marital property, and has been for many years
operated solely by Defendant. Defendant denies that 50% of the sales are by cash for
which no record is kept and avers, to the contrary, that -the vast majority of sales are
recorded through the antique cooperatives at which the I~usiness operates. To the extent
that antiques are stored in the parties' residence, Defendant states that the vast majority
of those items belong to Defendant himself, are not part of the antique business inventory
and, in many cases, are non-marital property.
18. Admitted in part and denied in part. Defendant admits that Plaintiff now
expresses a desire to operate the business but denies that he has prevented her from
participating in the business. To the contrary, Defendant has always permitted, and on
many occasions has attempted to encourage, Plaintiff to participate in the operation of the
business and to assist him in managing and operating it. Defendant denies that he has
failed to provide her with an accounting of the business operations and avers that, to the
contrary, he provides regular information to her and the accountant that prepares the
parties' tax returns. Further, Defendant states that the financial operations of the
business are always available to Plaintiff, both from Defendant himself and from other
sources, including the accountant, the bank records of the business, and the antique
cooperatives at which the business operates. Further, Defendant states that enjoining his
continuing operation of the business will cause greater harm to the parties and the
business, than would denial of the injunction and specifiically denies any intention of
disposing of or concealing any assets owned by the business.
19. It is admitted that there is no complete inventory of the antique business.
However, such an inventory can easily be created by physical inspection of the antique
business sales location. Defendant denies that the assets of the antique business can be
easily disposed of without any record of the sale.
20. Denied. Defendant has stated that he operates the antique business but he
has not stated that she is not "entitled to it."
21. Denied. Although it is admitted that the business operates at two or more
antique cooperatives, from which sales can be made without the presence of Plaintiff or
Defendant, Defendant denies that sales at those locations is the only involvement required
of the parties to successfully operate the business. The business requires purchasing and
replacement of inventory items, moving inventory items to locations, review and approval
of sales records, and various other items which Plaintiff has not performed for many years
and which Defendant does not believe Plaintiff can perform properly. The averments set
forth in Defendant's Cross-Petition are incorporated herein by reference.
22. Admitted. However, those items can be as easily disposed of by Plaintiff
without record as by Defendant and the conduct of the parties up to now strongly
suggests that Plaintiff is more likely to improperly dispose of or conceal those items than
is Defendant. The averments set out in Defendant's Cross-Petition are incorporated
herein by reference.
23. Defendant admits that he has a friend who also operates an antique business
but denies there is any basis for Plaintiff to believe that friend, or Husband himself, may
dispose of the assets or inventory of the antique business. The averments set forth in
Defendant's Cross-Petition are incorporated herein by reference.
24. Denied as stated. The items which Defendant has moved from the marital
home have been moved to a new antique cooperative location recently opened by
Defendant in Maryland, for purposes of stocking that location. There has been no
misconduct by Defendant to dispose of or otherwise treat improperly any of the assets of
the business.
25. Defendant admits that Plaintiff may believe such things but denies that there is
a basis for them. Defendant has operated the antique business in good faith, and in a
responsible fashion, for several years without participation by Plaintiff and there is no
reason to believe his conduct toward the business, or its operation, will change.
26. Denied. Defendant denies any intention to dispose of or conceal assets or
otherwise deal with them improperly and denies that there is any basis in fact to support
Plaintiff's claims or suspicions. To the contrary, Defendant has at all times treated
Plaintiff fairly and observed all of her property rights with regard to the assets of the
parties. The averments set out in Defendant's Cross-Petition are incorporated herein by
reference.
27. Admitted.
28. Admitted although that situation has changed and Defendant is now
represented by counsel.
WHEREFORE, Defendant prays this court to deny Plaintiff's Petition for Injunctive
Relief, to vacate the temporary injunction ordered, ex parte on 21 November 2002, and to
grant the relief set forth in Defendant's Cross-Petition.
DEFENDANT'S CROSS-PETITION FOR SPECIAL RELIEF AND INJUNCTION
The Defendant named above hereby sets forth the following Cross-Petition for relief
in this matter:
29. The averments set forth in Paragraphs 1 through 5 of Plaintiff's Complaint are
incorporated herein and the averments set forth in Paracjraphs 1 through 28 of
Defendant's Answer are incorporated herein by reference.
30. For several years the antique business which the parties own has been
operated solely by Defendant, with little or no assistance or input from Plaintiff.
31. The antique business specializes in the sale and resale of antique items with
which Defendant is familiar because of Defendant's years of collecting such items and
selling and purchasing them.
32. Plaintiff is without experience or expertise in the operation of the antique
business which the parties own, is not familiar with the sources of items to be sold, the
proper pricing and profit margin for those items, and the other information which the
parties require to effectively operate the business.
33. Excluding Defendant from the management and operation of the antique
business is likely to cause its failure and demise because Plaintiff is not experienced and
skilled in the tasks necessary to effectively operate the business.
34. Defendant, the parties' accountant, and the cooperatives at which the antique
business operates maintain records which will adequately protect both parties in the
future operation of the antique business. Excluding Defendant from the operation of the
business is likely to destroy that record keeping which is critical to the operation of the
business.
35. Because of the substantial value of other marital assets owned by the parties,
irreparable harm will not be done to either of the parties if the antique business fails or
ceases to conduct operations. The business generates little or no profit, and the income
from the business is not critical to the parties to meet their living expenses.
36. The residence of the parties, and particularly the garage and storage area
above and adjacent to the garage, contain large quantities of tangible personal property,
some of which are antiques and many of which are collectibles, which can be easily
removed and disposed of by either party.
37. This court, by its order of 21 November 200:2, has enjoined Defendant from
removing any items from the marital house. The court has not, however, enjoined or
prohibited Plaintiff from removing, concealing, or otherwise disposing of such items.
38. Since the time of this court's order, Plaintiff has taken physical possession of
all of the assets of the antique business and all of the items of tangible personal property
in the family residence and has, to the fullest extent she could, denied Defendant access
to those items. Plaintiff's conduct has included locking up portions of the marital
residence in which items of tangible personal property are located and denying Defendant
access to them, even for the purpose of photographing or preparing an inventory of such
items.
39. Defendant believes that Plaintiff by her conduct, has demonstrated an
intention of depriving him of all of the tangible personal property owned by the parties and
their antique business and from preventing him from taking any steps to protect his
interest with regard to those items. Defendant fears that Plaintiff will conceal, transfer, or
otherwise dispose of those items in an effort to defeat his property claims to those items.
40. The loss of the items of tangible personal property at the residence, because
many of them represent items of particular personal interest or value to Defendant and are
not replaceable, would cause irreparable harm to Plaintiff. That would be particularly true
if Plaintiff is able to conceal or dispose of those items prior to Defendant having the
opportunity to document or record the existence and description of each of those items.
WHEREFORE, Defendant prays this court to orde~r and direct as follows:
A. Set aside entirely or modify the order entered on 21 November
2002 to permit Defendant to operate the parties' antique business and
prohibit Plaintiff or her agents, representatives, or family members, from
interfering with Defendant's operatibn of the business; and
Bo Prohibiting both parties from removing iitems of tangible personal
property from the marital residence or from the antique business, other than
in the ordinary course of operating the antique business and stocking its
sales locations; and
C. Prohibiting either party from excluding the other from the marital
residence or any portion thereof; and
D. Ordering and directing such other release as the court deems
appropriate and necessary under the circumstances.
Sa'~n~el L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
VERIFICATION
I verify that the statements made in this Answer and Cross-Petition are true and
correct. I understand that any false statements in this Answer and Cross-Petition are
subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities),
Date: ~P_~C_ ~__ ~..00 ~
ALLAN W. STACKHOUSE
CERTIFICATE OF SERVICF
I hereby certify that I served an original of the foregoing Answer and Cross-Petition
upon counsel for the Plaintiff herein by regular mail, postage prepaid, addressed as
follows:
Diane G. Radcliff, Esquire
3448 Trindle Road
Camp Hill, PA 17011
Date:
2 December 2002
Amy MOHarkins
Secretary for Samuel L. Andes
IN THE COURT OF COMMON PLE:AS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
NO. 02-5630 CIVIL TERM
CIVIL AC;TION - LAW
DIVORCE
ALLAN W. STACKHOUSE,
Defendant
STIPULATION
AND NOW this 27th day of December, 2002, the parties hereby stipulate and agree as
follows: , ~ ' - I ~ '-
1.~ ITEMS P, REVIOUSLY REMOVED. ~ following shall apply to ite;~';;sly
ro~ by oither pa~y from t~,tal home: -
/~ Any items romov~ither pa~y from the ma~me/antique business
//' locations ~urned to ~e h~o~s withi~ d~s. (If a~
said it~~o~~y s~ the items shall provide~ther
with,~f~plete accou~g thereof together with~propriate
2. ANTIQUE BUSINESS. The following shall apply to the Antique Business:
The parties shall continue to operate the anti,que business jointly until the
end of March 2003 or such later date as the parties may hereafter mutually
agree. :
The inventory of each booth shall be restocked from the items at the marital
home or from the other business location as thE; parties shall mutually agree.
Any item may be sold for the amount of its preauthorized discount price.
Otherwise the sales price shall be based on mutual agreement.
D. Items may also be sold on e-bay at a price to be mutually a,,g, reeable,,price.
/Or. Il Items sold~:=~:2~:t}shall be sold under his e-bay name lbadone.
E. An accounting of any sale shall be provided to each party.
F. The pa~ies shall establish an interest beadng checking accou~fo~ the
antique business held in the pa~ies' join~ names ~equidng ~o si~atu~es fo~
any withdrawals. All Bnds dedved f~om the sale of the busines~assetsassets ~shall
be deposited into this account, including the funds from ~he sales adsing
since the ent~ of the injunction. The pa~ies shall pay all business expenses
from this account~ ;~---~-- '.~- ~_~_"~ ~~ ~) ~~
If any kems remain u~s~]d when me business locations are ClOSeO, [~ose
items shall either be taken and stored at the marital home or placed in a joint
rental ~ for fuAher disposition.
PERSONAL~ AT MARITAL HOME, The following :shall apply to the items in the
marital home, mncludmg addmtmons thereto~ ................... .,, ........... ~, fc ....
- o:rcgraph ! ~nd~from the antique business set fc, Ah in Paragraph 2 and/or any
items that may herea~er be stored by the paAies at any storage facility:
Bm
No property shall be permanently removed from th,e. marital home/storage
unit absent mutual agreement of the parties) ,',,,-¢~,,-~,~, ,.:x/~ ~ ~~
The parties will double lock or padlock the garage entrances ~
in such a fashion as to require both parties to b~present to unlock those
locations. Neither party will enter those locations without the presence of the
other party.
Om
The parties shall agree on the items to remain in the marital home until the
home is sold.
Dm
The parties will each prepare a preliminary list of the items each of them
desires to retain in equitable distribution. Those lists shall be exchanged
simultaneously. That list shall be refined by thE: time of the last sale. If there
is a dispute that arises as to any item desired to be retained which is not
resolved by mutual agreement, those disputed items shall be sold.
The parties shall inventory the items in the marital home/storage unit in
preparation of a determination of which items shall be sold and which shall
be retained.
For the items that are to be ~et, ai¢~ there will be a eer4eu~of sales designed
to achieve the maximum price obtainablez4,:, b,- r~-,~5 o..~..c,~ o~
1. No later than February 28, 2003 the parties will inventory and send to
auction the toys and advertising (1 sale) and sports memorabilia (1
sale). Huntslof Philadelphia will be used for the sports memorabilia.
The partiesl~vill agree on the auction house to sell the toys and
advertising; /
Between March 1, 2003 and the time the marital home is sol
parties shall engage in the selling of the remaining items (not agreed
upon to be retained) at the marital home, at an auction house, t/on e-
bay or otherwise as may be reasonable under the circumstancet3. To
achieve the best prices this may includE; more than one and possibly
several sales over a series of months.
The funds from the sales shall be deposited into an interest bearing
savings or money market account to be ,established by the parties and
requiring both parties' signature for any withdrawals.
5. MARITAL HOME. The following shall apply to the marital home:
The parties shall complete the proposed subdivision of the martial home.
hc ...,otoo,-"~",~,, be ~,~,u ~i-,:,,~, '~",, ,.. ccc''',''~v_. .. ~.~ bc ....,~,~,,,o,,~u ;,-, P~f ugrapl'~
...................... ~ ,,ut ~u,,,~.,~, ,, ,,~, ,., ........ t ........ou.q~. '~e parbes shall
pay 50% of those costs from his or her separate funds~
arital home and subdivided lot shall be listed for sale with a mutually
agreeable real estate broker on or before March 15, 2003. The price shall
hereafter be mutually agreed upon after consideration of the advice given by
the real estate broker. If the subdivision has not been completed by that
time any contract is presented the contract shall be contingent upon approval
of the subdivision.
The funds from the sale shall be deposited into the account to be established
pursuant to Paragraph 3.F.3. above.
ACCOUNTS. The Waypoint Certificate of Deposit #1900012662 shall be transferred
into the parties' joint names and shall remain held in that fashion pending
agreement of the parties or further order of court. Neither party shall make any
withdrawals from that account,~ ~:~_~,+ ~.~ ~,.,_a-,,,.=,..t ~¢e.e~.'~- ~ ~-.~,--~ -~4~,,
PARTIAL DISTRIBUTION OF VEHICLES, HORSES AND COMPUTER. The
following partial distribution shall occur:
A. Husband shall retain the following as part of his equitable distribution share:
1. Husband's Ford F-150 Pick up Truck;
2. 1934 Plymouth Street Rod;
3. 1952 Ford' Farm Tractor and Accessorif._.s;
Wife shall retain the following as part of her equitable distribution share:
2. 1996 Ford Windstar;
3. 1968 Pontiac Firebird.
MODIFICATION. The parties shall be a liberty to modify the terms of this
Stipulation upon mutual agreement.
=
COURT ORDER. The terms of this Stipulation shall be entered as an order of this
court replacing and superceding the temporary injunction entered in this case.
IN WITNESS WHEREOF the parties have set their hand's and seals this 27th day of
December, 2002.
WITNESS:
M. STACKHOUSE
ALLAN W. STACKHOUSE
(SEAL)
~(SEAL)
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
ALLAN W. STACKHOUSE,
Defendant
ORDER
AND NOW, this 27t~ day of December, 2002, it is hereby ordered and decreed
that the terms of the within Stipulation are hereby made an Order of this Court and
are incorporated by reference hereto.
Distribution to:
ATTORNEY FOR PLAINTIFF:
Diane G. Radcliff, Esquire
3448 Trindle road
Camp Hill, PA 17011
ATTORNEY FOR DEFENDANT:
Samuel L. Andes, Esquire
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
STIPULATION
And Now this __ day of April, 2003, Greta M. Stackhouse, ("Wife") and Allan W. Stackhouse,
("Husband"), intending to be legally bound hereby do stipulate and agree as follows:
Upon the execution
regarding Husband's
Pennsylvania.
of this Stipulation, Wife shall sign "Husband's Spousal Waiver"
proposed purchase of a tract of land in Monroe Township,
Upon request of Wife, Husband shall sign "Wife's Spousal Waiver" for the proposed
purchase by Wife of any real estate, containing the identical terms as set forth in Husband's
Spousal Waiver excepting only the change in the location of the real estate. The sample
form of Wife's Spousal Waiver to be signed by Husband upon request is attached hereto,
marked Exhibit "A" and made a part hereof.
o
Neither party waives, releases or abandons any right, title interest and/or claim in and to any
marital property or the equitable distribution of marital property by virtue of the execution
of the Spousal Waivers referenced herein. All marital property shall continue to be subject
to equitable distribution notwithstanding its investment into or application towards the
purchase of the real estate referenced in the Spousal Waivers, or any other disposition
thereof.
Upon the execution of this Stipulation Husband shall transfer the titled to the 1968 Firebird
into Wife's sole name, to be part of her equitable distribution share as per the December 27,
2002 Order.
Upon request of either party, the terms of this Stipulation shall be entered as an Order of
court.
IN WITNESS WHEREOF the parties have set their hands and seals this
]V~ ~ ,2003.
WITNESS:
,/~-~ day of
M. STACKHOUSE
(SEAL)
ALLAN W. STACKHOUSE
(SEAL)
SPOUSAL WAIVER
The undersigned, Allan W. Stackhouse, of 85 Biddle Road, Carlisle, Pennsylvania
acknowledges that he is the spouse of Greta M. Stackhouse and that he has been advised of
her intentions to purchase a tract of real estate located in Township,
Cumberland County, Pennsylvania. Being aware of those plans, and having received advice
from his attorney, he does hereby waive, release, relinquish, quitclaim, and terminate
absolutely any and all claim to or interest in the said real estate to be purchased by Greta M.
Stackhouse in Township, Cumberland County, Pennsylvania, does
confirm that property to be the sole and separate property of Greta M. Stackhouse, and
further agrees that he shall not make any claim against the said property, or her ownership
interest in the said property, which would interfere with or jeopardize the lien or security of
any mortgage or other security instrument given by the said Greta M. Stackhouse against said
property.
IN WITNESS WHEREOF the undersigned has set his hand and Seal this
., 2003.
day of
WITNESS:
ALLAN W. STACKHOUSE
(SEAL)
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND ·
On this the ~ day of ,20 , before me the undersigned officer,
personally appeared, Allan W. Stackhouse, known to me (or satisfactorily proven) to be the person
whose name is subscribed to the within instrument, and acknowledged that he executed the same
for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
NOTARY PUBLIC
My Commission F. xpires:
GRETA M. STACKHOUSE,
Plaintiff
VS.
ALLAN W. STACKHOUSE,
Defendant
* IN THE COURT OF COMMON PLEAS
* CUMBERLAND COUNTY, PENNSYLVANIA
* No. 02--5630 CIVIL TERM
* CIVIL ACTION - LAW
* IN DIVORCE
PRAECIPE FOR WITHDRAW OF APPEARANCE
Please withdraw my appearance on behalf of Defendant, Allan W. Stackhouse, in
the above captioned matter without prejudice.
Date: /--
PRAECIPE TO ENTER APPEARANCE
TO THEPROTHONOTARY:
Kindly enter the appearance of Jennifer L. Frechette, Esquire, on behalf of
Defendant.
Dated:
Jenn
;r L. Frechette, Esquire
Wile, Lenox, Colgan & Marzzacco, PC
On, South Baltimore Street
Dillsburg, PA 17019
717.432.9666
ID//87445
ATTORNEY FOR DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
INVENTORY OF GRETA M. STACKItOUSE
Plaintiff files the following inventory of all property owned or possessed by either party at
the time this action was commenced and all property transferred within the preceding three years.
Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff
understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
~ETA M. STJ~CKI-IOUSE, Plaintiff
Dated: //-Z_7_=~ O-~ ~
~D j~[l~ E~ RAD'C'EII~F, E SQUflC~E
~48 T~ind~ Road
~Cam¢ H~A 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Cou~ ID ~32112
Dated: ~X/~q ]0~1
ASSETS AND LIABILITIES OF PARTIES
Plaintiff marks on the list below those items applicable to the case at bar and itemizes the
assets and debts on the following pages:
(X) 1. Real property and Real Estate Mortgages
(X) 2. Motor vehicles and Vehicle Liens
( ) 3. Stocks, bonds, securities and options
(X) 4. Certificates of Deposit
(X) 5. Checking accounts, cash
(X) 6. Savings accounts, money market and savings certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
(X) 9. Life Insurance policies
( ) 10. Annuities
( ) 11. Gifts
( ) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Business
( ) 16. Employment termination benefits-severance pay, worker's compensation
( ) 17. Profit sharing plans
(X) 18. Pension Plans (indicate employee contribution and date plan vests)
(X) 19. Retirement plans, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/V.A. benefits
( ) 23. Education benefits
( ) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty
(X) 26. Other assets
(X) 27. Loans, Credit Cards and other Debts
Page 2
SECTION I.
INFORMATIONAL NOTES AND CODES
2.
3.
4.
NOTESANDCODES
"~" following an entry denotes that the entry (value) is verified by a document.
.... preceding an entry denotes documents/information of general note.
" : "preceding an entry denotes documents/information of special note.
", Husband to provide "preceding an entry denotes documents/information to be supplied
by Husband
,,1 Wife to provide "preceding an entry denotes documents/information to be supplied by
Wife.
"1~ The i~arties need to decide" preceding an entry denotes an item for which a decision
needs to'oe made.
, t, t,l~l) \ \l.I E preceding an entry denotes values that have been agreed upon by
the parties.
The values used in the various Tables herein may, in some cases, be based on estimated
values. Those estimated values are subject to adjustment upon appraisal or otherwise.
Any adjustment figures used in the various tables herein for illustration vurposes only and
are not to be deemed a representation on the part of the Plaintiffas to whether an adjus[ment
should be made or the amount of the adjustment, if any is appropriate.
Page 3
SECTION II.
BACKGROUND INFORMATION
PARTIES
DESCRIPTION HUSBAND WIFE
Name Allan Wilber Stackhouse Greta Mae Stackhouse
Maiden Name Colo
Home Phone Unknown (717) 652-8744
Cell Phone No. 717-385-0658 (717) 385-0656
Social Security Number 128-30-7760 081-36-4576
Address P.O. Box I 2221 [onoff Road
New Kingston, PA 17072 Harrisburg, PA 17110
Names and Relationship of Persons Unknown None
Living with Party
Date Party Moved into this Residence Unknown July 2003
Date PA Residency Began Unknown January 1970
Age 64 57
Date of Birth September 10, 1939 March 8, 1946
Place of Birth Monticello, NY Monticello, NY
Race Caucasian Caucasian
Health Status Good, however, some Good. High Blood Pressure;
arthritis in Back Lifting Restrictions due to
Hysterectomy; Arthritis in
Hands; Anti-Anxiety
medications
Educational Background High School Graduate; High School Graduate
Some college; 4 yrs Military
Current Military Service N/A N/A
Employer's Retired from Civil Service Unemployed
Name and Address
Occupation (Job Position) N/A N/A
Date Employment Commenced N/A N/A
Est. Annual Income As of 1.20.03 ~ $3,055.00 APL ~ $955.00/mo.
gross/mo - health insurance
~ $214.93 per mo.
Page 4
DESCRIPTION
MARRIAGE INFORMATION
INFORMATION
Date of Marriage 11/17/63
Place of Marriage Montgomery, Orange County, NY
Date of Separation 11/20/02 (Filing Date) 3/31/03 (Physical)
Statement of Marital Problems Husband having an affair
Grounds for Divorce 3301(c) No Fault
Prior Divorce Actions Between Parties None
Number of this Marriage for Wife 1
Number of this Marriage for Husband I
CHILDREN OF THIS MARRIAGE
NAME AGE DATE OF BIRTH CUSTODIAN OR
EMANCIPATION
Lisa Ann McNealy 39 5/24/64 Emancipated
Allan B. Stackhouse 35 9/15/68 Emancipated
SUPPORT FOR THIS MARRIAGE
DESCRIPTION
Name of Party Paying Support
Beneficiaries of Support
Amount of Support
Allocation
Agreement or Order
Date of Agreement or Order
Docket Number of Support Order 00402 S 2003; Pacses # 341105461
Comments:
INFORMATION
Husband
Wife
$955.00/mo.
N/A
Order
Order dated 7/14/03 effective 5/1/03
Page 5
PRIOR MARRIAGES
PARTY NUMBER OF DATE OF MANNER OF TERMINATION
MARRIAGE TERMINATION
N/A N/A N/A N/A
N/A N/A N/A N/A
CHILDREN OF OTHER RELATIONSHIPS/MARRIAGES
PARTY NAME OF CHILD DATE OF BIRTH AGE CUSTODIAN OR
EMANCIPATION
N/A N/A N/A N/A N/A
N/A N/A N/A N/A N/A
SUPPORT/ALIMONY FOR PRIOR MARRIAGES/RELATIONSHIP
DESCRIPTION INFORMATION INFORMATION
Name of Party Paying Support N/A N/A
Beneficiaries of Support N/A N/A
Allocation N/A N/A
Agreement or Order N/A N/A
Date of Agreement or Order N/A N/A
Docket Number of Support Order N/A N/A
Comments: N/A N/A
Page 6
PROCEEDINGS INFORMATION:
COMPLAINT
Date of Filing of Complaint 11/20/02
Date of Service 11/22/02
Manner of Service Personal Delivery
Type of Divorce Requested No-Fault; Indignities & Adultery
Economic Claims Raised
Equitable Distribution; APL; Alimony; counsel
Fees and Costs
ANSWER, COUNTERCLAIM AND/OR OTHER PLEADING RAISING ECONOMIC CLAIMS
Type of Pleading
Date of Filing of Pleading
Type of Divorce Requested
Economic Claims Raised
INCOME AND EXPENSE STATEMENTS
Date of Filing of Plaintiff's I&E Statement I
Date of Filing of Defendant's I&E Statement
INVENTORIES
Date of Filing of Plaintiff's Inventory
Date of Filing of Defendant's Inventory
3301 C DOCUMENTS
Date of Plaintiff's 3301(c) Affidavit
Date of Filing of Plaintiff's 3301(c) Affidavit
Date of Defendant's 3301(c) Affidavit
Date of Filing of Defendant's 3301(c) Affidavit
Date of Plaintiff's 3301(c) Waiver of Notice
Date of Filing of Plaintiff's 3301(c) Waiver
Date of Defendant's 3301(c) Waiver of Notice
Date of Filing of Defendant's 3301(c) Waiver
Page 7
PROCEEDINGS INFORMATION:
3301 D DOCUMENTS
Date of In House Separation
Date of Physical Separation
Date of Expiration of 2 Year Separation Period
Date of Plaintiff's 3301(d) Affidavit
Date of Filing of Plaintiff's 3301(d) Affidavit
Date of Service of 3301 (D) Affidavit
Manner of Service of 3301(d) Affidavit
Date of Plaintiff's Notice of Intent to Request Entry
if Divorce Decree and Praecipe to Transmit Record
11/20/02
3/31/03
11/20/04
Date of decree granting bifurcation
Date of Service of Plaintiff's Notice to Request Entry
of Divorce Decree and Praecipe to Transmit Record
Manner of Service of Plaintiff's Notice to Request
Entry of Divorce Decree and 3301(d) Counter-
affidavit
BIFURCATION
Has the case been bifurcated I No
N/A
If bifurcation granted by consent or after hearing N/A
PREVIOUSLY RESOLVED ISSUES
Issue #1 Resolution
Issue #2 Resolution
Page 8
GRETA M. STACKHOUSE vs. ALAN W, S'rACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/03
SECTION III.
MARITAL ASSETS AND DEBTS
The following Table #1 sets forth the listing of the is a listing of the marital assets and debts of
the parties:
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO HUSBAND TO WIFE
REAL ESTATE AND REAL ESTATE MORTGAGES (INVENTORY #1)
ITEM 1 (REAL ESTATE #1)
Lot 4-B Est. Sales 100,000.00
85 Biddle Road, Price
Carlisle, PA
Estimated Costs of (7,000.00)
Sale 67%
Net Equity
93,000.00
Distribute
Equally
Distribute
Equally
MOTOR VEHICLES AND VEHICLE LIENS (INVENTORY #2)
Distribute
Equally
ITEM 2 (VEHICLE #1)
Wife's 1996 FordWindstar N~^I
Comments:
. : ' .I .I Ihis xchiclc ~aived as i)cr 12.27.02 ln.iuncti~m Ordcv ;f
ITEM 3 (VEHICLE #2
F-150Husband'Spick 1990Up TruckF°rd N/A N/A ~%%%'~%%%N~%%%~
Comments:
~' ~!~ i~ ~!t ihi', ~chiclc ~;~ixctt al, pcr I'~ ~- t)~ lnjlmclimi (h !l(' ~
ITEM 4 (VEHICLE #3)
1968 Firebird N/A N/A ~%%%'~%%~%%%~
Convertible
Comments:
~ . .: ,I.~slilmlilm ,ffthis'~ehich' ~ai'~ed its per 12.27.02 hliuncli~m ~d:: ~
Page 9
GRETA M. STACKHOUSE vs. ALAN W, STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11120102; DOS (Physical): 3131103
DATED PREPARED: 11/11/03
I
DESCRIPTION OF [ DATE OF
PROPERTY OR I VALUE
LIABILITY
1TEM 5 (VEHICLE #4)
1934 Plymouth Coupe N/A
~treet Rod
MARITAL ASSETS AND DEBTS
VALUE OF NET VALUE I PROPOSED ] PROPOSED
ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY I TO HUSBAND I TO WIFE
',chick' ~i~e(I :~ per 12.27.02 In.itmclhm ()rth'v~r
STOCKS, SECURITIES, INVESTMENTS & CERTIFICATES OF DEPOSIT (INVENTORY #3 & #4)
ITEM 6 (INVESTMENT #1)
Jt. Financial Network 11.29.02 3,559.95 3,559.95 1,779.98 1,779.98
Investment Corp.
~ccount #5AD-
092402
Comments:
11.29.02 value ~ $3,559.95
ITEM 7 (INVESTMENT #2)
Waypoint Certificate
of Deposit
#1900012662
Waypoint Certificate
of Deposit
#1900012662
1.03
10.31.02
77,934.41
1,038.33
7'7,934.41
1,038.33
38,967.21
1,038.33
38,967.21
Comments:
10.4.02 value ~ $78,678.96 4-
Husband transferred this CD into his sole name to Waypoint account #9600006176. As a result he incurred
a penalty 0£$922.96 and loss of interest of$115.37 for a total of $1038.33. Since this loss was not necessary
and merely the result o£husband's wrongful transfer, the loss has been assessed to him.
ITEM 8 (INVESTMENT #3)
Waypoint Certificate
of Deposit
#1900012661
7.31.03
29,341.56
29,341.56
29,341.56
10.4.02 value ~ $28,725?3
6.05.03 ~ $29,230.63 4
6.30.03 ~ $29,286.09 4'
7.31.03 ~ $29,341.56 4-
Page 10
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/03
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF I VALUE OF NET VALUE PROPOSED I PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTR[BUT1ON
LIABILITY I LIABILITY TO HUSBAND I TO WIFE
CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS (INVENTORY #5 & #6)
1TEM 9 (MONETARY ACCOUNT gl)
411.17
Jt. Vartan NB Account I 11.20.03 411.17 411.17
I
#0001092 105
Comments:
11.20.02 ~ $230.25 4-
4.20.03 @ $5.00 4-
ITEM 10 (MONETARY ACCOUNT #2)
Husband's Vartan NB 11.20.02 I 11,571.78 11,571.78 11,571.78
kccount #0001092097
I
Comments:
10.20.02 ~ $11,669.85 (
11.20.02 ~ $11,571.78~(
2.28.03 ~ $11,321.80 q
ITEM 11 (MONETARY ACCOUNT #3)
Member's l~t Account
#11776
Jt. (Husband Primary)
Comments:
11.30.02 ~ $324.77 4-
12.31.02 @ $325.25 4-
3.31.03 ~ 326.44 4-
11.30.02
6.30.03 ~ $327.65 4-
: ,i4!:2 ~,~tls ov dcp~)';i1s tn or from this accoulil al'let I 1.2!!.Ii2
ITEM 12 (MONETARY ACCOUNT #4)
Member's 1st Account I 12.18.02 99.00 99.00
#43906
Jr. (Wife Primary)
Comments:
12.18.02 00 Savings ~ $ 25.6?/-
12.18.02 Checking ~ $72.05 4
12.18.02 Total of Both Accounts @ $99.00 4-
, [ m:~i:;l:!h]cd c~}[l[rol o,,tT Ibis ilCCOlllll Oll ill~ al'for I 1/20/t~2
99.00
Page 11
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS {Physical): 3/31/03
DATED PREPARED: 11/11/0:3
MARITAL ASSETS AND DEBTS
DESCRIPTION OF I DATE OF VALUE OF NET VALUE
PROPERTY OR I VALUE ASSET OR
LIABILITY LIABILITY
ITEM 13 (MONETARY ACCOUNT #5)
Wife's Member's 1~ [ l 1.30.02 I 4,382.30 4,382.30
Account gl 67053
Comments:
l 1.30.02 00 Savings ~ $29.59 f
11.30.02 05 Investment Savings~ $4,199.57 f
11.30.02 Checking ~ $153.14 4
11.30.02 Total of all sub-accounts ~ $ 4,382.30 ~f
PROPOSED
DISTRIBUTION
TO HUSBAND
PROPOSED
DISTRIBUTION
TO WIFE
4,382.30
ITEM 14 (MONETARY ACCOUNT #6)
Comments:
11.5.02 ~ $306.21
3.5.03 ~ $306.47
6.5.03 ~ $306.70
ITEM 15 (MONETARY ACCOUNT #7)
Jr. Waypoint Focus 50 11.25.02 211.20 211.20
Comments:
11.25.03 ~ 211.20.
211.20
ITEM 16 (MONETARY ACCOUNT #8)
Husband's NFCU 11.30.02.I 353-63I
Account g010215
Comments:
ll.30.02 S-1 ~ $360.31 4-
, ;: ~! ~ain!aim'dconD'oloxcrlllinaccuunt"nm'aflcr !1 20.%2
353.63I 353.63[
ITEM 17 (MONETARY ACCOUNT #9)
Husband's M&T 12.3.02 I 430.27 430.27 430.27
Account #970379
Comments:
12.3.02 2 $430.27 ,f
3.1.03 ~ $320.62 7-
,~ [ }: tr?~! ~!i;~ill{aille(I contFoI o'~eF Ihis a£COUllt Oil in' aftcF [ 1/20ql i
Page 12
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11111103
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF
PROPERTY OR VALUE ASSET OR
LIABILITY LIABILITY
ITEM 18 (MONETARY ACCOUNT #10)
Wife's Community I 11.28.02 I 13,038.38
Bank Savings Account
#452093220 &
452093209
NET VALUE
13,038.38
PROPOSED I PROPOSED
DISTRIBUTION DISTRIBUTION
TO HUSBAND TO WIFE
13,038.38
Comments:
11.28.02 Savings #3220 ~ $10,537.93 f
attol~2e9}?ee?. ?00.45. This value has been adjusted to $2,500.45 for the 11.4.02 $2,000.00 payment of
Tot}ly o f all sub-accounts ~ $13,038.38 f
ITEM 19 (MONETARY ACCOUNT #11)
Account 0536167190
0.00
0.00
12.27.02 (~, $1,748.79 f
3.1.03 @~3,461.08 -[
LIFE INSURANCE POLICIES (INVENTORY #9)
ITEM 20 (INSURANCE #1)
Husband's Prudential I 8.7.03
Life Policy #
Comments:
8.7.03 value @ $3,280.00 f
3,280.00
3,280.00I 3,280.00I
PENSION AND RETIREMENT PLANS (INVENTORY #18 & 19)
1TEM 21 (RETIREMENT #1)
Husband's CSRS I Distribute Distribute I Distribute I Distribute
Retirement Monthly Equally Equally Equally
Monthly Monthly Monthly
Comments:
Retirement in pay status as of 1.20.03~ $3,055.00 gross per month and a deduction for health insurance
$214.93 per mo. For a net of $2,840.07 4
Effective 5/1/03 this retirement was being used to pay APL. Only amounts for 4/03 and post distribution
will be subject to equitable distribution.
There is a survivors annuity payable upon death ~ STBD. The estimated cost of that annuity is $80.40 ~
Page 13
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/03
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO HUSBAND TO WIFE
ITEM 22 (RETIREMENT #2)
Comments:
5.31.03 ~ $22,388.25 4'
10.31.02 ~ $21,861.92 4'
4.30.02 value ~ $21,342.23 4'
HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS ETC. (INVENTORY #25)
Rowe's Auction ~1
Husband's Items 5.27.03 6,654.00 ~ff/~
Rowe's Auction 62
Husband's ltems 6.6.03& 4,903.50 ~///~
¢owe's Auction ~3 6.7.03
4usband's Items 6.19.03 731.00~
Rowe's Auction ~4 6.20.03
Husband's Items 7.17.03 155.00
Rowe's Auction ~5
Husband's ltems 8.23.03 690.00
Rowe's Auction ~6
Total Husband's Items 13,965.50 13,965.50 13,965.50
Comments:
ITEM 24 (PERSONALTY ~2)
Wife's Items 4.25.03 0.00 ~
Wife's Items 5.27.03 5,200.00
Rowe's Auction ~2 ,
Rowe's Auction ~3 6.7.03
Wife's Items 6.19.03 35.00
Rowe's Auction 64 &
6.20.03
Rowe's Auction 65
Page 14
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11120102; DOS (Physical): 3/31/03
DATED PREPARED: 11111103
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO HUSBAND TO WIFE
Wife's Items 8.23.03 0.00
Rowe's Auction #5
Total Husband's Items 5,445.00 5,445.00 5,445.00
Comments:
ITEM 25 (PERSONALTY #3)
Other Personalty TBD TBD TBD
Retained by Husband
Comments:
X Il' a di~ri~iou hi' personalty or the value is not agreed upon, the property will need m be appraised.
ITEM 26 (PERSONALTY #4)
Other Personalty TBD TBD TBD
Retained by Wife
Comments:
X It' a (li'dsion ,f personalt~ ur tile value is not agreed upon, tile property will need ta be appraised.
OTHER ASSETS - ESCROW ACCOUNT
ITEM 27 (ESCROW ACCOUNT)
Proceeds from sale of 9.5.03 $256,963.17 ~//'//~/~/~ ~//~,
Lot 2, 85 Biddle Road
Carlisle'PA
Row e's Auction #1 & 4.25.03 64,207.00
#2 & 5.2.03
Rowe's Auction #3 6.6.03 & 41,462.00 ////,~
6.7.03
Rowe's Auction #4 6.19.03 5,239.00 /~//~
&
6.20.03
Rowe's Auction #5 7.17.03 1,225.00 ///Z/_/
Rowe's Auction #6 8.23.03 3,136.00 f//////////~
Hunt's Auction #1 7.2.03 3,653.65 Z,~,~/
Inter est Earned /////, ////// r/////
Total 375,885.82 375,885.82 187,942.9l 187,942.91
9.5.03. Proceeds from sale of Lot 4-A 85 Biddle Road, Carlisle PA ~ $256,963.17 4.
Rowe's Auction # 1 @ $16,949.00 and Rowe's Auction #2
Rowe's Auction #3 @ $41,462.00 4-
Page 15
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/03
MARITAL ASSETS AND DEBTS
DESCRIPTION OF I DATE OF I VALUE OF I NET VALUE
PROPERTY OR VALUE ASSET OR
LIABILITY LIABILITY
Rowe's Auction $4 ~ $5,239.00f
Rowe's Auction $5 ~ $1,225.00
Rowe's Auction #6 ~ $3,136.00 `/
PROPOSED
DISTRIBUTION
TO HUSBAND
PROPOSED
DISTRIBUTION
TO WIFE
Hunt's Auction #1 ~$3,653.63
ITEM 28 (CAR SHOW SPACES)
Spring and Fall Car Est.
Show Spaces
See Notes SeeNotes I SeeN°tes ISee N°tes
LOANS, CREDIT CARDS AND OTHER DEBTS (INVENTORY #27)
ITEM 29 (DEBT #1)
34287-5900 0011 7768
Comments:
11.19.02 ~ $300.31'/
~ ~i:; . ~'~ ,' . ~t :~ dix ( t' ! c(lmfll~ Sill 'c Imi(I I'l-oln .ioillt t'lJ[l(I-~ dm-il~ ~'~h~lb~l;~[ ~
1344
30 (DEBT #2)
12.3.02 (I ~155.93) (577'~r7)
Bankcard
4800 1309 7800
1,155.93) I
Comments:
12.3.02 ~ $1,155.93'/-??
1577.1) 7~
TOTALS
Total of Assets and Liabilities I 562,511.29 I 310,962.27 I 251,549.02
Totals from Above
Percentage of Total
PERCENTAGE OF DIVISION
310,962.27 251,549.02
0.55 0.45
ADJUSTMENT FOR 50/50 DIVISION
l'otals from above [ 562,511.29 310,962.27 251,549.02
unt Due in 50/50 Division 281,255.65 281,255.65
Adjustment Figure for 50/50 (29,706.63) 29,706.63
Page 16
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11120102; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/03
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF ] VALUE OF
PROPERTY OR VALUE ASSET OR
LIABILITY LIABILITY
Totals from above
NETVALUE
PROPOSED
DISTRIBUTION
TO HUSBAND
ADJUSTMENT FOR 45/55 DIVISION
I 562'511'29I
PROPOSED
DISTRIBUTION
TO WIFE
310,962.27 I 251,549.02
253,130.08 309,381.2l
(57,832.19) 57,832.19
Amount Due in 45/55 Division
Adjustment Figure for 45/55
Totals from above
Amount Due in 40/60 Division
/ Adjustment Figure for 40/60
ADJUSTMENT FOR 40/60 DIVISION
310,962.27
225,004.52
I 251,549.02
337,506.77
(85,957.75) 85,957.75
NOTES AND COMMENTS:
Wife suggests that the net marital estate be divided 50% to Husband and 50% to Wife.
This would result in a payment of approximately $29,706.58 due Wife. This payment
will be made by way of transfer of the same amount to Wife from Husband's half share of
the Escrow account listed as Item 27 above.
The proceeds from the sale of the remaining lot would also be divided 50% to wife and
50% to Husband.
Husband also owes wife $2,000.00 for her interest in the car show spaces as listed in Item
28 above.
Husband's gross retirement benefits would be divided equally between the parties as
received. Each party will pay his or her share of the taxes associated with his or her
share. Verification of survivorship benefits will have to be determined. If such benefits
exist for wife, they will be maintained for her benefit. If there is a costs, Wife's 50%
share will be reduced by the costs of those benefits so that wife's share will be calculated
as follows:
Page 17
GRETA M. STACKHOUSE vs. ALAN W, STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11111103
Description
Gross Monthly Retirement Benefits
X Multiply by .50
Subtotal
- Subtract Costs of Survivorship Benefits
Total Wife's Share
Hypothetical Figures
3,055.00
0.50
1,527.50
(80.40)
1,447.10
The suggestion for a 50/50 division is based on Wife receiving 50% of Husband's
gross retirement benefits and waiving alimony. If she does not receive 50% of those
gross benefits than a 60% distribution to Wife is requested + alimony.
Page 18
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physiical}: 3/31/03
DATED PREPARED: 11/11/0:21
SECTION IV.
LISTING OF HOUSEHOLD GOODS AND CONTENTS
AND OTHER PERSONAL PROPERTY
The followina Tables #2-A and # 2-B sets forth the household goods and contents and other
personal prop~erty of the parties: ~
TABLE #2-A
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY
IN HUSBAND'S POSSESSION
DESCRIPTION DATE OF VALUE I OWNER I POSSESSOR BASIS FOR
EXCLUSION IF
VALUE CLAIMED TO BE
NON- MARITAL
TEM 1
Guns
Comments:
H&W Husband
ITEM 2
Comments:
1TEM 3
Comments:
ITEM 4
Comments:
ITEM 5
Comments:
~Note: Exclusions from marital property include property acquired before marriage, property
acquired after separation, or property acquired during marriage by way of gift or inheritance from third party
not a spouse. For gifts and inheritance also specify the source person.
Page 19
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/0:3
TABLE #2-A
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY
IN HUSBAND'S POSSESSION
ITEM 6
Comments:
DESCRIPTION
I DATEOF I VALUE
VALUE
OWNER
POSSESSOR
BASIS FOR
EXCLUSION IF
CLAIMED TO BE
NON- MARITAL
ITEM 7
Comments;
H & W Husband
TEM8
Comments:
ITEM 9
Comments;
ITEM 10
Comments;
ITEM 11
Comments:
ITEM 12
Comments:
[ H&W I Husband
ITEM 13
Comments:
Page 20
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/0:3
TABLE #2-A
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY
IN HUSBAND'S POSSESSION
DESCRIPTION DATE OF VALUE OWNER I POSSESSOR I BASIS FOR
EXCLUSION IF
VALUE CLAIMED TO BE
NON- MARITAL
ITEM 14
Comments:
ITEM 15
Comments:
Husband
ITEM 16
Comments:
ITEM 17
Comments:
IH&WI Husband
TEM 18
Comments:
Husband
ITEM 19
ITEM 20
ITEM 21
TOTAL ITEMS IN HUSBAND'S POSSESSION
I I
Page 21
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date}: 11120102; DOS (Physiical): 3/31/03
DATED PREPARED: 11/11/03
TABLE #2-B
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY
IN WIFE'S POSSESSION
ITEM 1
China H & W
Comments: Given to the parties' daughter, Lisa
POSSE~
BASIS FOR
EXCLUSION IF
CLAIMED TO BE
NON- MARITAL
Wife
1TEM 2
Dishes and Household H&W [ Wife I
Goods
Comments:
ITEM 3
Treadmill
Comments:
H & W Wife
ITEM 4
Sewing machine
Comments:
W
Wife
ITEM 5
Serger
Comments:
W Wife
ITEM 6
Iron Bed I
Comments:
1TEM 7
Small Kitchen
Appliances
Comments:
H&W [
Wife
ITEM 8
Patio Furniture
Comments:
Page 22
GRETA M. STACKHOUSE vs. ALAN W, STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/0."1
TABLE #2-B
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY
IN WIFE'S POSSESSION
EXCLUSION IF
VALUE CLAIMED TO BE
NON- MARITAL
ITEM 9
2 Old TVS
H & W Wife
Comments:
ITEM 10
Comments:
ITEM 11
Books
Comments:
Wife
TEM 12
Lamps
Comments:
Wife
ITEM 13
Candlesticks (Glass and
Brass)
Comments:
ITEM 14
VCR
Comments:
H&W
ITEM 15
Comments:
ITEM 16
3 Wing Back Chairs H & W Wife
Comments:
Page 23
GRETA M. STACKHOUSE vs. ALAN W, STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: '11/1'1/03
TABLE #2-B
HOUSEHOLD GOODS AND CONTENTS AND OTHER PERSONAL PROPERTY
IN WIFE'S POSSESSION
ITEM 17
Love Seat H & W
POSSE~
Comments:
BASIS FOR
EXCLUSION IF
CLAIMED TO BE
NON- MARITAL
iTEM 18
Some Prints and Photos
H&W
ITEM19
Grandmothers Dressing
Table
Commen~:
TOTAL ITEMS IN WIFE'S POSSESSION
Wife Gift to Wife from
Grandmother
Page 24
GRETA M, STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/03
SECTION V.
MARITAL DEBTS
The following Table #3 sets forth the parties' marital debts:
TABLE #3
MARITAL DEBTS
DEBT #1
AMOUN~
DATES OF POST ]
SEPARATION I
PAYMENTS ..~
--Member's 1 st Jt. l L 1 ~02 (300.3
Acct. 3428~-~00 [ ..... I '
001l 7768~
Comments:
11.19.02~$300.31J'
300.31
DEBT #2 ,~
Waypoint B~ (1,155.93) (1,155.93) (1
Acct 34800 1309 I I I I
7800 1344 ~ .1_ ~
Comments:
12.3.02 ~ $1,155.93'£?? ~
L .=: ~ . ! ~ [; ,~!,d ~c, dixidet cquall) sillct' {Ia ti from joinl ftlllflS Illlt'itlU, COitll )!i;l[IOIl
Micellaneous
Page 25
GRETA M. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/03
SECTION VI.
NON-MARITAL ASSETS AND DEBTS
The following Table//4 sets forth the non-marital assets and debts of the parties:
TABLE #4
~ON-MARITAL PROPERTY AND DEBTS
DESCRI~ ~~ E xBcALS IuSsIFoONRI F
OF CLAIMED TO BE
v2LFuE LNON. MARITAL~
ITEM 1
Grandmot~'~
Dressing Table ~ ~
Comments:
METHOD OF
VALUATION AND
SUPPORTING
DOCUMENTATION
TBD
2Note: Exclusions from marital property include property acquired before marriage, property
acquired after separation, or property acquired during marriage by way of gift or inheritance from third party
not a spouse. For gifts and inheritance also specify the source person.
Page 2 6
GRETA IVl. STACKHOUSE vs. ALAN W. STACKHOUSE
DOM: 11/17/63
DOS (Filing Date): 11/20/02; DOS (Physical): 3/31/03
DATED PREPARED: 11/11/03
SECTION VII,,
PROPERTY TRANSFERRED
The following Table #$ is Plaintiff's listing of all properC~ which was transferred within 3 years
of the date of the commencement of this action or was tr~ns£erred since the date of separation:
TABLE #5
PROPERTY TRANSFERRED
T,O O PRO
TEM 1
None Known
Comments:
TRANSFEREE
TEM 2
ITEM 3
ITEM 4
~mments:
'EM 5
Page 27
-CERTI__FICATE___OF SERVICE
I, Diane G. Radcliff, Esquire, hereby certify that on
_, I served
a copy of the within Inventory, by mailing same by first class mail, postage prepaid, addressed as
follows:
Jennifer Frechette, Esquire
Wiley, Lenox, Col~an & Marzzacco, PC
130 W. Church Street
Dillsburg, PA 17019
DIANE G. RADCLIFF, ESQUIRE
3448 Trindle Road
Camp Hill, PA 17011
Supreme Court ID # 32112
Phone: (717) 737-0100
Fax: (717) 975~0697
Attorney for Plaintiff
Page 28
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
INCOME AND EXPENSE STATEMENT OF GRETA M. STACKHOUSE
I verify that the facts set forth in the following Income and Expenses Form, including all
attachments thereto, 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.
DATE:j/
~ETA M. S~ACKHOUSE
- I -
PART I. INCOME
EMPLOYER:
ADDRESS:
POSITION:
~PAYROLL NUMBER:
PAY PERIOD:
COMMENTS:
~ A. EMPLOYMENT INFORMATION:
Not employed
B. INCOMEI:
DESCRIPTION
GROSS PAY PER PAY PERIOD
FICA Tax
Medicare Tax
Federal Tax
State Tax
Local Tax
Union Dues
Mandatory Retirement
SUBTOTAL NET PAY
Voluntary Retirement
Health Insurance
Misc. Deduction:
TOTAL NET PAY
MONTHLY
$0.00
$0.00
YEARLy
$0.00
$0.00
stand. XPlaintiffreceives occasional minimal income for helping out a friends at their antique
- 2 -
D. OTHER INCOME:
Interest
Dividends
Pensions
Annuities
DESCRIPTION
Social Security
Rents
Royalties
Expense Account
Gifts
Unemployment Compensation
Workman's Compensation
Income Tax Refunds
Support or Alimony
Commissions
Tips
Other (Specify): Spousal Support
TOTAL OTHER INCOME
MONTHLY YEARLY
$0.0~ $0.00
$0.0~0
$0.0
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00 $0.00
$0.00
$0.00
$0.00
$0.00 $0.00
$0.00
$0.0~- ~
$0.00
$0.00 $0.00
$955.~0 ~-
$11
$955.00 $11,460.00
- 3 -
PART II. EXPENSES
DESCRIPTION
HOME EXPENSES:
Rent
First Mortgage
Second Mortgage/Home Equity
Maintenance And Repairs
Electric
Gas
Oil
Telephone
Water
Sewer
Trash
EMPLOYMENT
Public Transportation
Lunches
Other Expenses(Specify):
TAXES:
Real Estate Taxes
Personal Property Taxes
Income Taxes Not Withheld
Per Capita/Occupation Taxes
MONTHLY AMOUNT
$709.00
$75.0
$75.0
$75.00
$14.3
$22.~
$10.{
Escrowed in mortgage payment
- 4 -
DESCR/PTION
INSURANCE:
Homeowners Insurance
Automobile Insurance
Life lnsurance
Accident Insurance
Health Insurance
Other Insurance (Specify):
AUTOMOBILE EXPENSES:
Payments
Fuel
Maintenance And Repair
License And Registration
MEDICAL EXPENSES NOT REIMBURSED BY INSURANCE:
Doctor
Optical
Dental
Orthodontic
Hospital
Medicine
Special Needs(Specify):
EDUCATIONAL EXPENSES:
Private/Parochial School
College/Vocational
Books/Fees And Supplies
MONTHLY AMOUNT
$18.75
$58.33
$130.
$50.~
$3.00
$15.~
$21.0(
$21.00
$60.00
$30.1
- $ -
DESCRIPTION
PERSONAL EXPENSES:
Clothing
Food and Other Grocery Items
Barber And Hair Dresser
Memberships
CREDIT CARDs AND LOANS:
MONTHLY AMOUNT
$430.00
$80.
$I0.00
$100.0~
$60.0
$100.00
$75.~
$20~
$21.
MISCELLANEOUSEXPENSES:
Household Help
Child Care
Newspapers/Magazines/Books
Entertainment
Pay TV
Vacations
Gifts
Legal Fees
Charitable Contributions
Other Child Support
(Not this case)
Spousal Support or Alimony
(Not this case)
TOTALEXPENSES
$2,548.45
- 6 -
PARTIII. PROPERTY O~
TYPE
Checking
Savings
Credit Union
Stocks/bonds
Real Estate
Other
TOTAL
PROPERTY OWNED
DESCRIPTION
Member's 1s~; Community Banks
Member's 1st
85 Biddle Road Acreage
Escrow Account
~NED
OWNERSHIP
VALUE H ~ JT
800.00 x
6,000.00
150,000.00
x
276,000.00 x
TYPE
Hospital
Medical
Health Accident
Disability Income
Dental
Vision
Other-Specify
PART IV. INSURANCE
INSURANCE INFORMATION
COMPANY
through Defendant
through Defendant
through Defendant
through Defendant
POLICY NO.
COVERAGE
*H--Husband; W=Wife; J--Joint; C=Child
- 7
(a)
(b)
(c)
(d)
(e)
(0
PART V. SUPPLEMENTAL INCOME STATEMENT
[x] CHECK HERE IF NOT APPLICABLE
This form is to be filled out by a person:
(1) Who operates a business or practices a profession, or
(2) Who is a member of a partnership or joint venture, or
(3) Who is a shareholder in and is salaried by a closed
corporation or similar eEtity.
Attach to this statement a copy of the following documents relating to the partnership, joint venture, business,
profession, corporation or similar entity (check block to indicate the document is attached):
(1) The most recent Federal Income Tax Return. [ ] attached
(2) The most recent Profit and Loss Statement. [ ] attached
Name of Business:
Business Address:
Business Telephone:
Nature of Business (check one)
[ ] 1. Sole Proprietorship
[ ] 2. Partnership
[ ] 3. Joint Venture
[ ] 4. Professional
[ ] 5. Corporation
[ ] 6. Other
Name of accountant, controller or other person in I
charge of financial records:
Business Income:
1. Annual income from business:
2. How often is income received:
3. Gross income per pay period
4. Net income per pay period
5. Specify deductions, if any:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
PETITION FOR SPECIAL RELIEF
AND NOW, this C[~day of December, 2003, comes the Petitioner, Greta M. Stackhouse, by her
attorney, Diane G. Radcliff, Esquire, and files this Petition for Special Relief, and represents that:
Your Petitioner is Greta M. Stackhouse, (hereinafter referred to as "Wife"), residing at 2221 Ionoff
Road, Harrisburg, PA 17110, and is the Plaintiff in the above captioned divorce action.
Your Respondent is Allan W. Stackhouse, (hereinafter referred to as "Husband"), whose address
is P.O. Box 1, New Kingston, PA 17072, and is the Defendant in the above captioned divorce
action.
o
Wife is represented by Diane G. Radcliff, Esquire and Husband is represented by Jennifer
Frechette, Esquire, in this case.
The parties were married on November 17, 1963 and physically separated on or about March 1,
2003.
The within action was commenced by Wife's filing of a Divorce Complaint on//. In that Divorce
Complaint, the following claims were raised: (1) Divorce under Sections 3301(c), 3301(d),
3301(a)(6) and 3301 (a)(3); (2) Equitable Distribution of Marital Property and Debts; (3) Alimony
Pendente Lite; (4) Alimony; (5) Counsel Fees and Costs.
Wife is age 56, born on March 8, 1946. Wife suffers from high blood pressure, arthritis in her
hands, anxiety and depression. Further Wife has medical restrictions on the weight she is
permitted to lift as the result of a prior hysterectomy.
Husband is age 63, born on September 10, 1939. Husband is in fairly good health, although he has
some arthritis in his back.
- 3_ -
10.
11.
12.
13.
14.
15.
16.
17.
Wife is not employed. Wife last worked in 1998 when she was employed by Jeffries Floral Shop,
Carlisle, PA, working approximately 20 hours per week and earning approximately $7.00 per hour.
That employment was terminated with Husband's knowledge, consent and encouragement after
Wife had a hysterectomy which resulted in physical restrictions prevented her from performing her
job duties.
Husband is retired from the Civil Service and is entitled to and receives a Civil Service Retirement
Pension.
Wife is financially dependent upon Husband for her support and Husband currently pays Wife
spousal support in the amount of $955.00 per month in the3 Cumberland County support action
docketed to No. 00402 S 2003; Pacses # 341105461.
The $955.00 per month spousal support being paid by Husband is not sufficient to meet Wife's
regular monthly expenses of $2,548.45 as reported on the income and expense statement filed of
record in this action on November 21,2003 even though said amount was calculated in accordance
with support guidelines.
During the course of the marriage the parties acquired the marital assets valued at an estimated
$562,511.29 listed and set forth on Exhibit "A" attached hereto and made a part hereof, which
listing is also set forth in Plaintiffs Inventory filed of record ion this case on November 21, 2003.
Of the $562,511.29 in marital assets, $376,426.22, (being the $375,885.82 listed on Exhibit "A"
plus $504.00 in interest), (exclusive of the value of Husband's civil service pension), is in cash,
which is held in escrow for the parties by Wife's attorney, Diane G. Radcliff, Esquire.
Wife is in dire need of a temporary distribution of some of the funds from the escrow account to
pay her normal monthly expenses.
Wife is also in need of a portion of the escrow account to pay her outstanding attorneys fees and
costs, which as of December 1, 2003 was in the amount of $4,588.39 and accruing interest thereon
at the rate of 1.5% per month.
Wife proposes that such a distribution be considered temporary only and subject to adjustment is
determined to be appropriate in equitable distribution.
On November 4, 2003, Wife's attorney sent a letter to Husband's attorney requesting that a portion
of the $376,426.22 funds held in the escrow account be distributed to the parties in equal. A true
and correct copy of the November 4, 2003 letter is attached hereto, marked Exhibit "B" and made
a part hereofi
- 2 -
18.
The release of $200,000.00 from the escrow account, $100,000.00 to each party, would not effect
either parties' rights in equitable distribution since there is more than enough cash, $176,426.22,
as well as other assets, $186,625.47, for a total of $363,051.69, being more than half of the total
assets, from which any adjustments in distribution can be made to effectuate the percentages of
distribution determined by the Master to be appointed in this case.
19.
Concurrently with the filing of this Petition for Special Relief, Wife is also filing a Motion for
Appointment of Master to hear all claims raised in this case.
20.
Given the holidays and normal timing of case, the final determination of the Divorce Master in this
case probably will not occur for at least six (6) months. Wife cannot wait that long to receive a
portion of the cash funds in this case as she needs them now to meet her monthly expenses.
21.
The relief requested in this Petition is authorized under 23 Pa.C.S.A. 3323 (f), 23 Pa.C.S.A.
3505(a), and Pa.R.C.P. Rule 1920.43.
22.
The only judge previously assigned in this ace is the Honorable Edward Guido, who entered an
injunctive order based on the agreement of the parties.
23.
A copy of this Petition was faxed to Husband's attorney, Jennifer Frechette, Esquire, on December
2, 2003, who has not indicated her consent to the relief requested herein.
WHEREFORE, Wife requests this Honorable Court to enter an order directing Diane G. Radcliff,
Esquire, escrow agent to distribute the amount of $200,000.00, payable $100,000.00 to each of the parties,
which amount shall be considered to be a temporary equitable distribution of marital property, subject to
consideration, inclusion and final distribution in the overall distribution to be determined by the Divorce
Master.
Respectfully submitted,
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Greta M. Stackhouse
VERIFICATION
GRETA M. STACKHOUSE verifies that the statements made in this Petition are true and
correct. She understands that false statements herein are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unsworn falsification to authorities.
GRET1 M. STAUKHOUSE
Date: /a,9 - 0 ~ - ~ .~
- 5 -
CERTIFICATE OF SERVICE
I, DIANE G. RADCLIFF, ESQUIRE, hereby certify that on 3'~q~o_~ 2-",~I
served a true and correct copy of the within Petition for Special Relief upon Respondent's
Attorney, Jennifer Frechette, Esquire, by mailing same by first class mail, postage prepaid,
addressed as follows:
Jennifer Frechette, Esquire
Wiley, Lenox, Colgan & Marzzacco, PC
130 W. Church Street
Dillsburg, PA 17019
Respectfully submitted,
D I AN-E G. I*,,A D O'MF_.~, ESQUIRE
344~T-h,ad~ Road
c{(mp Hill, PP017011
Ph~37-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
EXHIBIT "A"
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR OF ASSET OR DISTRIBUTI DISTRIBUTI
LIABILITY VALUE LIABILITY ON TO ON TO WIFE
HUSBAND
REAL ESTATE AND REAL ESTATE MORTGAGES (INVENTORY #1)
ITEM 1 (REAL ESTATE #1)
Lotg-B Est. Sales lO0,O00.OO ~~N~ ~N~N~
85 Biddle Road, Price
Carlisle, PA
,00o.00
Net Equity 93,000.00 Distribute Distribute Distribute
Equally Equally Equally
Comments:
[] NOTE: Unilnpro,~ed lot is to be sold.
[] NOIE: Proceeds to be divided upon sale based on percentages to be determined
MOTOR VEHICLES AND VEHICLE LIENS (INVENTORY #2)
ITEM 2 (VEHICLE #1)
WindstarWife's 1996 Ford N/A N/A ~N~,~'~ ~~N~
Comments:
[] NOTI;.: Distribution of this xehicle waived as per 12.27.02 Injunction Order
ITEM 3 (VEHICLE #2
F_150Husband'Spick 1990 F°rdup Truck N/A N/A ~N~N~ ~~N~
Comments:
[] NOTE: l)istribution of this ~ehicle wai~ed as per 12.27.02 lujunction Order d'
ITEM 4 (VEHICLE #3)
1968 Firebird N/A N/A ~~N~ ,~~X~
Convertible
Comments:
[] NOTE: Further distribution of this vehicle x~aived as per 12.27.02 Injunction Order
- 6 -
MARITAL ASSETS AND DEBTS
NET VALUE
DESCRIPTION OF
PROPERTY OR
LIABILITY
DATE I VALUE OF
OFI ASSET OR
VALUE LIABILITY
ITEM 5 (VEHICLE #4)
PROPOSED
DISTRIBUTI
ON TO
HUSBAND
PROPOSED
DISTRIBUTI
ON TO WIFE
Street Rod
Comments:
[] NOTE: l)'st 'bt/inn nI this vehicle ~aived as per 12.27.02 lnjmtction Order
STOCKS, SECURITIES, INVESTMENTS & CERTIFICATES OF DEPOSIT (INVENTORY #3 & #4)
ITEM 6 (INVESTMENT #1)
.lt. Financial Network I l 1.29.02
Investment Corp.
Account #5AD-
092402
3,559.95
3,559.95
1,779.98
1,779.98
· 11.29.02 value ~ $3,559.95
[] NOTE: Ii'either part3' has removed funds l'rom this account atler I 1.29.02, then the above proposed
distribution ~ill I)e modilied to retlcct that distribution. If no lhnds haxe been removed then value x~ill
be adjusled to rcllect current ~aluc.
ITEM 7 (INVESTMENT #2)
Waypoint Certificate
of Deposit
#1900012662
1.03
77,934.41
77,934.41
38,967.21
38,967.21
Waypoint Certificate 10.31.02 1,038.33 1,038.33 1,038.33
of Deposit
#1900012662
Comments:
· 10.4.02 value ~ $78,678.96 4-
· Husband transferred this CD into his sole name to Waypoint account #9600006176. As a result he incurred
a penalty of $922.96 and loss of interest of $1 I5.37 for a total of $I038.33. Since this loss was not necessary
and merely the result of husband's wrongful transfer, the loss has been assessed to him.
[] NOTE: Fhis (1) was divided equally bet~een ihe parties on or about 1/03.
ITEM 8 (INVESTMENT #3)
7.31.03 29,341.56 29,341.56 29,341.56
Waypoint Certificate
of Deposit
#1900012661
Comments:
· 10.4.02 value ~ $28,725.73
· 6.05.03 @ $29,230.63 4-
· 6.30.03 ~ $29,286.09 4-
- 7 -
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE I VALUE OF NET VALUE PROPOSED I PROPOSED
PROPERTY OR OF ASSET OR DISTRIBUTI DISTRIBUTI
LIABILITY VALUE I LIABILITY ON TO I ON TO WIFE
HUSBAND
· 7.31.03 ~ $29,341.56 4'
[] NOTE: This (D ~as in juint names and lcansferred into husband's sole name
[]NOTE: llushand has retained this CD and on 6/12/03 converted it into a Waypoint Premier MMA #
1400563220
CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS (INVENTORY #5 & #6)
ITEM 9 (MONETARY ACCOUNT #11
411.17
Jt. Vartan NB Account
#0001092105
· 11.20.02 ~ $230.25 4-
11.20.03 411.17
411.17
· 4.20.03 ~ $5.00 4-
[] NOTE: tlusband deposited a pnrtion of his pa3check into tiffs account each month. Wife paid thc
houschohl bills from this account thruugh 4/12/03 a{ which time $411.17 remained. She ihen closed
accouut.
ITEM 10 (MONETARY ACCOUNT #2)
Husband's Vartan NB 11.20.02 11,571.78 11,571.78 11,57I .78
Account #0001092097
Comments:
· 10.20.02 ~ $11,669.85 4-
· 11.20.02 ~ $11,571.78 4-
· 2.28.03 @ $11,321.80 4-
[] NOT[;: tlushaud maintained control over this account ou or after 11/20/02
ITEM 11 (MONETARY ACCOUNT #3)
11.30.02 324.77
Member's 1st Account
#11776
Jt. (Husband Primary)
Comments:
· 11.30.02 ~ $324.77
· 12.31.02 ~ $325.25
· 3.31.03 ~ 326.44 4-
· 6.30.03 ~ $327.65
324.77 I 324.77
[]N~ O·1'[:' N w~lhdrawals' or deposlls to or frnm this account after 11,20.02
[] N()TI'~': Ihlsbnnd nlaintained control over this accnunt on or after 11/20/02
- 8 -
MARITAL ASSETS AND DEBTS
NET VALUE
DESCRIPTION OF DATE I VALUE OF
PROPERTY OR OF I ASSET OR
LIABILITY VALUE LIABILITY
ITEM 12 (MONETARY ACCOUNT #4)
PROPOSED
DISTRIBUTI
ON TO
HUSBAND
PROPOSED
DISTRIBUTI
ON TO WIFE
Member's 1st Account
#43906
Jt. (Wife Primary)
12.18.02
99.00 99.00
99.00
Comments:
· 12.18.02 00 Savings ~ $ 25.654'
· 12.18.02 Checking ~ $72.05 4'
· 12.18.02 Total of Both Accounts @ $99.00 4'
[] NOTE: Accnnnt ~as clused on 12.19.02
[] NOTE: \~ife nminlained control uver this accmmt on or after 11/20/02
ITEM 13 (MONETARY ACCOUNT #5)
Wife's Member's l~' I 11.30.02 I 4,382.30I 4,382.30
Account # 167053
Comments:
· 11.30.02 00 Savings ~ $29.59 4'
· 11.30.02 05 Investment Savings ~ $4,199.57 4'
· 11.30.02 Checking ~ $153.14 4'
· 11.30.02 Total of all sub-accounts ~ $ 4,382.30 4'
[] NOTE: XXife maintaincd cnutrol nver ihis accnunt nn or at~er 11/20/02
4,382.30
ITEM 14 (MONETARY ACCOUNT #6)
11.5.02 306.21 306.2I 306.21
Husband's Waypoint
Focus 50 Account
#31900015511
Comments:
· 11.5.02 ~ $306.21 4'
I~ 3.5.03 ~ $306.47 4'
· 6.5.03 ~ $306.70
[] NOTE: No ~*ithdrawals or contribntions to or from this account post separation.
[] NOTE: tlusband maintained control over this account on or alter 11/20/02
ITEM 15 (MONETARY ACCOUNT #7)
Jt. Waypoint Focus 50 I 11.25.02
Account # 1900010496
I
Comments:
[] NOTI(: ~,¥i[c maintained control n~er this account on or after I 1/211/02.
211.20I 211.20I
211.20
- 9 -
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR OF ASSET OR DISTRIBUTI DISTRIBUTI
LIABILITY VALUE LIABILITY ON TO ON TO WIFE
HUSBAND
ITEM 16 (MONETARY ACCOUNT g8)
Husband's NFCU 11.30.02. 353.63 353.63 353.63
Account #010215
Comments:
· 11.30.02 S-1 ~ $360.31
[] NOTE: No ~ithdra~vals or contribulions to or from this account post separation.
[] NOTE: llusband maintained control over this aecollHt Oll or after I 1/20/02
ITEM 17 (MONETARY ACCOUNT #9)
Husband's M&T 12.3.02 430.27 430.27 430.27
Account #970379
Comments:
· 12.3.02 2 $430.27 ~f
· 3.1.03 ~ $320.62
[] NOI'K: Ilusband maintained control over this account on or after 11/20/02.
ITEM 18 (MONETARY ACCOUNT gl0)
Wife's Community 11.28.02 13,038.38 13,038.38 13,038.38
Bank Savings Account
#452093220 &
452093209
Comments:
· 11.28.02 Savings #3220
· 11.29.02 ~ $500.45. This value has been adjusted to $2,500.45 for the 11.4.02 $2,000.00 payment o£
attorneys fees. f
· Total of all sub-accounts ~ $13,038.38 4'
[] N()! I~: 'sVil'e maintained conlrol over this account on or after 11/20/02.
ITEM 19 (MONETARY ACCOUNT#II)
Jt. Commerce Bank 11.28.02 0.00 0.00 0.00
Account 0536167190
Comments:
· 12.27.02 ~ $1,748.79
· 3.1.03 ~ $3,461.08
[] NOTE: This account ~as used for the anlique business. The bills for that business ~'ere paid l'rom
this ~ccoonl until IL(~ funds renlained. Wil~ ~fiso paid tile disputed la~n mowing and jr. Car insurance
Ii'on] this accotml.
- l0 -
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR OF ASSET OR DISTRIBUTI DISTRIBUTI
LIABILITY VALUE LIABILITY ON TO ON TO WIFE
HUSBAND
LIFE INSURANCE POLICIES (INVENTORY #9)
ITEM 20 (INSURANCE #1)
Husband's Prudential 8.7.03 3,280.00 3,280.00 3,280.00
Life Policy #
Comments:
· 8.7.03 value ~ $3,280.00 7-
PENSION AND RETIREMENT PLANS (INVENTORY #18 & 19)
ITEM 21 (RETIREMENT #1)
Husband's CSRS Distribute Distribute Distribute Distribute
Retirement Monthly Equally Equally Equally
Monthly Monthly Monthly
Comments:
ti~ Retirement in pay status as of 1.20.03~ $3,055.00 gross per month and a deduction for health insurance
$214.93 per mo. For a net of $2,840.07 4
· Effective 5/1/03 this retirement was being used to pay APL. Only amounts for 4/03 and post distribution
will be subject to equitable distribution.
· There is a survivors annuity payable upon death @ STBD. The estimated cost of that annuity is $80.40 7-
ITEM 22 (RETIREMENT #2)
Comments:
· 5.31.03 ~ $22,388.25 7-
· 10.31.02 ~ $21,861.92 7'
· 4.30.02 value ~ $21,342.23 7'
[] NOTE: There have been no contributions to this account post separation and current balance
represents marilal value.
HOUSEHOLD GOODS, FURNISHINGS, TOOLS, PERSONAL EFFECTS ETC. (INVENTORY #25)
ITEM 23 (PERSONALTY#I)
Husband's Items 4.25.03 832.00 ~///~
Rowe's Auction #1
Husband's Items 5.27.03 6,654.00 ~///~
Rowe's Auction #2
Rowe'sHUSband'SAuctionItems #3 6.6.03 &6.7.03 4,903.50 ~/////
Husband's Items 6.19.03 731.00 ~///~
Rowe's Auction #4 6.20.03
- ll -
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR OF ASSET OR DISTRIBUTI DISTRIBUTI
LIABILITY VALUE LIABILITY ON TO ON TO WIFE
HUSBAND
Husband's Items 7.17.03 155.00 ~//~
Rowe's Auction ~5
Husband's Items 8.23.03 690.00
Rowe's Auction ~6
Total Husband's Items 13,965.50 13,965.50 13,965.50
Comments:
~ NOTE: See R(me's Auction Sheets.
ITEM 24 (PERSONALTY $2)
Ro,ve,sWife's I temSAuction ~1 4'25'03 0.00 ////~
Rowe,sWife's ItemSAuction ~25'27'03 5,200.00 ~///Z
Wife's ltems 6.6.03 & 210.00 7///
Rowe's Auction ~3 6.7.03
Wife's Items 6.19.03
Rowe's Auction ~4 &
6.20.03
Rowe'sWife's ItemSAuction $57.17.03 0.00 ~//~
Wife's Items 8.23.03 0.00
Rowe's Auction ~5
Total Husband's Items 5,445.00 5,445.00 5,445.00
Comments:
~ NOTE: See Rone's Anctiou Sheels.
ITEM 25 (PERSONALTY $3)
Other Personalty TBD TBD TBD
Retained by Husband
Comments:
8 Ifa division of personalty or the value is not agreed upon, the property will need to be appraised.
ITEM 26 (PERSONALTY $4)
Other Personalty TBD TBD TBD
Retained by Wife
Comments:
8 Ifa division of personalty or the value is not agreed upon, the property will need to be appraised.
- 3_2 -
MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR OF ASSET OR DISTRIBUTI DISTRIBUTI
LIABILITY VALUE LIABILITY ON TO ON TO WIFE
HUSBAND
OTHER ASSETS - ESCROW ACCOUNT
ITEM 27 (ESCROW ACCOUNT)
Carlisle,L°tProceeds from sale of 2, 85 PA Biddle Road 9.5.03 $256,963.17 ~/~~/~~/~
#2R°we's Auction ~l& &4'25'035.2.03 64,207.00 ~//~ ~///~ ~//~
Rowe's Auction g3 6.6.03 &6.7.03 41,462.00 ~//~ ~///~ ~//~
Rowe's Auction ~4 6.20.03 6.19.03 & 5,239.00 ~/~~~ ~/~
Rowe's Auction ~5 7.17.03 1,225.00 ////~////// ~////
Rowe's Auction ~6 8.23.03 3,136.00 ////~ ~//// /////
Hunt's Auction ~1 7.2.03 3,653.65 ////// ~//// ////~
Total 375,885.82 375,885.82 187,942.91 187,942.91
Comments:
· 9.5.03. Proceeds from sale of Lot 4-A 85 Biddle Road, Carlisle PA ~ $256,963.17 ~
· Rowe's Auction ~1 ~ $16,949.00 and Rowe's Auction ~2 ~ $47,258.00 for a total of $64,207.00 ~
· Rowe's Auction ~3 ~ $41,462.00 ~
· Rowe's Auction $4 ~ $5,239.00~
· Rowe's Auction $5 ~ $1,225.00
· Rowe's Auction fi6 ~ $3,136.00 ~
· Hunt's Auction gl ~$3,653.63 ~
~ NOTE: Proceeds to be di~rided equally sub.jecl to adjustment based on percentages applied and
oxerall distribuOnn See commenls at end of lhis seclion regarding adjuslments to divisinn ofprnceeds.
ITEM 28 (CAR SHOW SPACES)
Spring and Fall Car Est. See Notes See Notes See Notes See Notes
Show Spaces
Comments:
~ NOTE: Husband insisted wit¥ sign over these spaces to him ~hen he transtkrred her car. lie/old ht'~
he xvould pa3 her S2,000.00 a~ time of settlement.
- 13
MARITAL ASSETS AND DEBTS
I
DESCRIPTION OF DATE I VALUE OF NET VALUE PROPOSED
PROPERTY OR OF [ ASSET OR DISTRIBUTI
LIABILITY VALUE LIABILITY ON TO
HUSBAND
LOANS, CREDIT CARDS AND OTHER DEBTS (INVENTORY #27)
PROPOSED
DISTRIBUTI
ON TO WIFE
ITEM 29 (DEBT#l)
Member's l't Jt. Acct. 11.19.02 (300.31) (300.31) (150.16)
34287-5900 0011 7768
Comments:
· 11.19.02 ~ $300.314'
[] NOTE: Debt treated as divided equall3 since paid from joint fnnds duriog cohabitation
(150.16)
ITEM 30 (DEBT #2)
12.3.02
Waypoint Bankcard
Acct 34800 1309 7800
1344
12.3.02 ~ $1,155.934'??
I(1,155.93) I
55.93)
(577.97)
(577.97)
[] NOTE: I)ebt Ireated ns divided equall.x since paid from joint fnnds dnring cohabitatinn
TOTALS
Total ofAssetsandLiabilities I 562,511.291 310,962.271251,549.02
PERCENTAGE OF DIVISION
Totals from Above I 562'511'29I 310'962'27I 251,549.02
0.55 0.45
Percentage of Total
ADJUSTMENT FOR 50/50 DIVISION
Totals from above 310,962.27 251,549.02
Amount Due in 50/50 Division
Adjustment Figure for 50/50
562,511.29
281,255.65 281,255.65
(29,706.63) 29,706.63
ADJUSTMENT FOR 45/55 DIVISION
Totals from above I 562,511.29 I 310,962.27 251,549.02
Amount Due in 45/55 Division I 253,130.08 309,381.21
(57,832.19) 57,832.19
Adjustment Figure for 45/55
Totals from above
ADJUSTMENT FOR 40/60 DIVISION
I 562,511.29
310,962.27
251,549.02
Amount Due in 40/60 Division 225,004.52 337,506.77
Adjustment Figure for 40/60 (85,957.75) 85,957.75
14 -
EXHIBIT "B"
DIANE G. RADCLIFF, ESQUIRE
Attorney at Law
3448 Trindle Road Phone: (717) 737-0100
Camp Hill, Pennsylvania 17011 Facsimile: (717) 975-0697
November 4, 2003
Jennifer Frechette, Esquire
2650 North Third Street
Harrisburg, PA 17101
Re: Greta M. Stackhouse v. Allan W. Stackhouse
Cumberland County Divorce Action No. 02-5630
Dear Jennifer:
I am enclosing the following documents:
1. Plaintiff's Answers to Defendant's Interrogatories;
2. Plaintiff's Response's to Defendant's Request for Production of Documents and
accompanying documentation.
I am workingon com~pleting my Analysis of this case and should have my settlement
proposal to you in the near future.
In the interim, I would like to know if your client is agreeable to release some funds
from the escrow account to both parties. We have over $375,000.00 in that account. I do not
see any adjustments to be made in the distribution scheme for the other assets over
$100,000.00. We can comfortably release at least $50,000.00 to each party. Please let me
know your thoughts so we can avoid having to go to Court over this issue.
Very truly yours,
DIANE G. RADCLIFF, ESQUIRE
DGR/dr
Enclosures:
Answers to Interrogatories
Responses to Request for Production of Documents
cc: Greta Stackhouse
File 64-02-D
TRANSMITTED BY MAIL
15 -
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVILTERM
CIVIL ACTION - LAW
:
: DIVORCE
AND NOW, this ~'1 day of 1~'~' , 2003, upon consideration of the within Petition,
IT IS HEREBY ORDERED that a Rule is entered upon the Respondent, Allan W. Stackhouse, to show
cause, if any he has, why the relief requested in the within Petition for Special Relief should not be granted.
returnable at a hearin scheduled~or the ~ day o ~tt~
is g ..... 1
5~l~Rule '~ f ,2(~at
o'clock ~} .m. in Courtroom ~ of the Cumberland C~ounty Courthouse, Carhs e,
Pennsylvania. The parties shall appear at that date and time and give testimony and argument on the issues
raised in the within Petition.
JUDGE
DISTRIBUTION TO:
~ialaintiff's Attorney:
ne G. Radcliff Esquire
3448 Trindle Road
Camp Hill, PA 17011
Defendant's Attorney:
t,/Jennifer Frechette, Esquire
The Wiley Group
130 W. Church Street
Dillsburg, PA 17019
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTy, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
V.
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION ~ LAW
DIVORCE
P~-~._Q~ECIPE TO WITHDRAW PETITION FOR SPECIAL RELIEF
TO THE PROTHONOTARY OF THE SAID COURT:
Please withdraw the Plaintiffs Petition for Special Relief filed in the above
captioned case.
Respectfully submitted,
D o .G. DCLIFF, ES UI
Camp Hill, PA 17011
Phone: (717) 737-0100
Fax: (717) 975-0697
Supreme Court ID # 32112
Attorney for Plaintiff/Petitioner
GRETA M. STACKHOUSE,
Plaintiff
vs.
ALLAN W. STACKHOUSE,
Defendant
THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02 5630 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this ~JJ~ day of ,
raised in the proceedings hav~ing been
2004, the economic claims
resolved in accordance with a marital agreement dated December
31, 2003, the appointment of the Master is vacated and counsel
can file a praecipe transmitting the record to the Court
requesting a final decree in divorce.
BY THE COURT,
cc:
~iane G. Radcliff
Attorney for Plaintiff
~/gennifer L. Frechette
Attorney for Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
NO. 02-5630 CIVILTERM
CIVIL ACTION - LAW
DIVORCE
ALLAN W. STACKHOUSE,
Defendant
MARITAL AGREEMENT
BETWEEN
ALLAN W. STACKHOUSE
AND
GRETA M. STACKHOUSE
TABLE OF CONTENTS
INTRODUCTION AND PREAMBLE ............................................................ 1
SECTION I
GENERAL PROVISIONS ...............................................................................
1.01 Incorporation of Preamble ................................................... 2
1.02 Divorce Decree .................................................................... 2
1.03 Agreement to Be Incorporated into Divorce Decree ........... 2
1.04 Date of Agreement ............................................................... 2
1.05 Distribution Date ................................................................. 2
1.06 Advice Of Counsel .............................................................. 2
1.07 Financial Disclosure ........................................................... 3
1.08 Disclosure and Wavier of Procedural Rights ...................... 3
1.09 Bankruptcy .......................................................................... 4
1.10 Personal Rights .................................................................... 4
1.11 Mutual Release .................................................................... 4
1.12 Income Tax Matters ............................................................. 5
1.13 Preservation of Records ....................................................... 6
1.14 Effect of Reconciliation ....................................................... 6
1.15 Mutual Cooperation ............................................................. 7
1.16 Waiver or Modification to Be in Writing ............................ 7
1.17 Agreement Binding upon Heirs ........................................... 7
1.18 No Waiver &Default .......................................................... 7
1.19 Breach .................................................................................. 7
2
1.20
1.21
1.22
1.23
1.24
1.25
Manner of Giving Notice ..................................................... 8
Integration ............................................................................ 8
Severability .......................................................................... 8
Social Security Benefits ....................................................... 8
Law of Pennsylvania Applicable ......................................... 9
Headings Not Part of Agreement ......................................... 9
SECTION II
DISTRIBUTION OF PROPERTY ...................................................................
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
Final Equitable Distribution of Property ............................. 10
After-Acquired Property ...................................................... 10
Waiver of Inheritance .......................................................... 10
As Is Condition .................................................................... 10
Personal Property ................................................................. 10
Vehicles, Boats and the like ................................................ 11
Real Estate ........................................................................... 12
Retirement and Pension Plans ............................................. 12
Bank Accounts, Stock and Life Insurance .......................... 14
Escrow Account ................................................................... 14
Tax Provisions ...................................................... 14
10
SECTION III
DISTRIBUTION OF DEBTS ............................................................................
3.01
3.02
3.03
Wife's Debts ......................................................................... 16
Husband's Debts .................................................................. 16
Marital Debts ....................................................................... 16
16
3.04 Indemnification .................................................................. 18
SECTION IV
COUNSEL FEES, ALIMONY PENDENTE LITE, ALIMONY, SPOUSAL
SUPPORT AND HEALTH INSURACNE ..........................................................
4.01 Waiver of Counsel Fees ....................................................... 19
19
4.02 Alimony, APL and Spousal Support ................................... 19
4.03 Health Insurance .................................................................. 19
SECTION V
CLOSING PROVISIONS AND EXECUTION ..............................................
EXHIBIT "A"
MARITAL PROPERTY DISTRIBUTION SCHEDULE .............................
2O
22
iii
INTRODUCTION
THIS AGREEMENT made this3J_~-ay of~mb~, 2003, hy_~d between GRETA
M. STACKHOUSE, ("Wife") of 2221 Ionoff Road, Harrisburg, PA 171 I0, and ALLAN W.
STACKHOUSE, ("Husband") of 1178 York Road, Mechanicsburg, PA 17055.
WITNESETH:
WHEREAS, the parties hereto are husband and wife, having been married on November
17, 1963 in Montgomery, New York, and separated in house on November 20, 2003 (filing date)
and on March 31, 2003 (physical separation).
WHEREAS, There were two (2) children born of this marriage: Lisa Ann McNealy, born
May 24, 1964; and Allan B. Stackhouse, born September 15, 1968, both of whom are emancipated.
WHEREAS, diverse and un_happy differences, disputes and difficulties have arisen
between the parties and it is the intention of Husband and Wife to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their respective
f'mancial and property rights and obligations as between each other including, without limitation by
specification: the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband
by Wife; and in general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as follows:
END OF INTRODUCTION
-1-
SECTION I
GENERAL PROVISIONS
1.01. INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part
hereof as if fully set forth in the body of the Agreement.
1.02. DIVORCE DECREE
The parties acknowledge that their marriage is irretrievably broken and that they will secure a
mutual consent no-fault Divorce Decree in the above captioned Cumberland County divome action
docketed to No. 02-5630 Civil Term and filed on November 20, 2002. Upon the execution of this
Agreement, the parties shall execute and file all documents and papers, including affidavits of
consent, necessary to finalize said divorce.
1.03. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. This Agreement shall not merge with the Divorce Decree, but rather, it shall
continue to have independent contractual significance and each party shall maintain their contractual
remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise
provided by law or statute. Unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a £mal Decree in Divorce may be entered with
respect to the parties.
1.04. DATE OF AGREEMENT
The "date of this Agreement" shall be defined as the date of execution by the party last executing
this Agreement.
1.05. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall only take place on the
"distribution date" which shall be defined as the date of execution of this Agreement unless
otherwise specified herein.
1.06. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have been fully explained to the parties by
their respective counsel, Jennifer Frechette, Esquire, for Husband, and Diane G. Radcliff, Esquire,
-2-
for Wife. The parties acknowledge that they have received independent legal advice from counsel
of their selection and that they fully understand the facts and have been fully informed as to their
legal rights and obligations. They acknowledge and accept that this Agreement is, under the
circumstances, fair and equitable and that it is being entered into freely and voluntarily after having
received such advice and with such knowledge, and that execution of this Agreement is not the
result of any duress or undue influence and that it is not the result of any collusion or improper or
illegal agreement or agreements.
1.07. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the
other as an inducement to the execution of this Agreement, and each party acknowledges that there
has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective
incomes, which has been provided to each party. The parties further acknowledge that the financial
disclosure has included the disclosure of the marital assets and debts set forth on the "Marital
Distribution Schedule", attached hereto, marked Exhibit "A" and made a part hereof, and that it is
the patties' intent to distribute those assets and debts in accordance with the distribution set forth
therein.
1.08. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the right: (1) to obtain from the other party a complete
inventory or list of all of the property that either or both parties own at this time or owned as of the
date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to
compulsory discovery to assist in the discovery and verification of facts relevant to their respective
fights and obligations, including the fight to question the other party under oath; and (4) to have a
Court hold hearings and make decisions on the matters covered by this Agreement, which Court
decision concerning the parties' respective fights and obligations might be different from the
provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately
provides for his or her needs and is in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either party upon the other or by any
other person or persons upon either party.
Given said understanding and acknowledgment, both parties hereby waive the following procedural
fights:
Inventory_: The fight to obtain an inventory of all marital and separate property as
defined by the Pennsylvania Divorce Code.
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Income and Expense Statement: The right to obtain an income and expense
statement of the other party as provided by the Pennsylvania Divome Code, except in
instances where such an income and expense statement is hereafter required to be
filed in any child support action or any other proceedings pursuant to an order of
court.
Discovery_: The fight to have any discovery as may be permitted by the Rules of Civil
Procedure, except discovery arising out of a breach of this Agreement, out of any
child support action, or out of any other proceedings in which discovery is specifically
ordered by the court.
De
Determination of Marital and Non-Marital Property: The right to have the Court
determine which property is marital and which is non-marital, and equitably distribute
between the parties that property which the Court detennines to be marital.
ge
Other Rights and Remedies: The fight to have the Court decide any other fights,
remedies, privileges, or obligations covered by this Agreement, including, but not
limited to, possible claims for divorce, spousal support, alimony, alimony pendente
lite (temporary alimony), counsel fees, costs and expenses.
1.09. BANKRUPTCY
The parties hereby agree that the provisions of this Agreement shall not be dischargeable in
banlm~ptcy and expressly agree to reaffn-m any and all obligations contained herein.
1.10. PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free
from any control, restraint, interference or authority, direct or indirect, by the other in all respects
as fully as if they were unmarried. They may reside at such place or places as they may select. Each
may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other or the respective families of each other nor compel or
attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him
or her.
1.11. MUTUAL RELEASES
Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby
mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for
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ail time to come, and for ail purposes whatsoever, of and from the following:
Claims Aeainst Property or Estate: Any and ail fight, title, interest and/or claims
in or against the other party, the property (including income and gain from property
hereafter accruing) of the other or against the estate of such other, of whatever nature
and wheresoever situate, which he or she now has or at any time hereafter may have
against such other party, the estate of such other party or the property of the other
party or any part thereof, whether arising out of any former acts, contracts,
engagements or liabilities of such other.
Dower, Curtesy, Widows Rights: Any and all rights and claims of dower or curtesy,
or claims in the nature of dower or curtesy or widow's or widower's rights, family
exemption or similar ailowance, or under the intestate laws, or the right to take against
the spouse's will;
Life Time Conveyances: The fight to treat a lifetime conveyance by the other as
testamentary, or ail other rights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (i) the Commonweaith of
Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any
other country;
Marital Ri_g_htshts: Any fights which either party may have or at any time hereafter have
for past, present or future support or maintenance, alimony, aiimony pendente lite,
counsel fees, equitable distribution, costs or expenses, whether arising as a result of
the marital relation or otherwise.
Breach Exc~_q~tion: The foregoing shall not apply to ail fights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or
for the breach of any provision thereof. It is the intention of Husband and Wife to
give to each other by the execution of this Agreement a full, complete and generai
release with respect to any and ail property of any kind or nature, reai, personai or
mixed, which the other now owns or may hereafter acquire, except and only except,
all rights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provisions thereof.
1.12. INCOME TAX MATTERS
With respect to income tax matters regarding the parties the following shail apply:
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Prior Tax Returns: The parties have heretofore filed joint federal and state retums.
Both parties agree that in the event any deficiency in federal, state or local income tax,
or any assessment of any such tax is made against either of them, such tax, interest,
penalty or expense shall be paid equally by the parties with each party being liable to
pay fifty pement (50%) such tax, interest, penalty or expense.
Be
Current Tax Returns: Provided that the Divorce Decree is entered on or before
December 31,2003, the parties shall file individual tax returns for the current tax year
and for every tax year hereafter. If the Divorce Decree is not entered until on or after
January 1, 2003, the parties will decide whether or not it is beneficial to them to file
separate or individual tax returns, it being understood that neither party shall be
obligated to file a joint return with the other party. Each party shall be entitled to
secure the advice of an accountant prior to and for purposes of making his or her
determination as to whether or not it would be in his or her best interest to file jointly
or individually.
Antique Business Re~orting and Taxes: The parties have jointly operated an
antique business during the calendar year 2003. If the parties file separate and
individual income federal and state tax returns for 2003, then each party shall report
fifty percent (50%) of the gains, or fifty percent (50%) losses, from the operation of
that business on his or her income tax return and shall be liable for the payment of any
taxes, or shall be entitled to the benefit from the reporting of any losses, as the result
thereof. If the parties file a joint federal and state income tax returns for 2003, then
each party shall be liable for the payment of fifty percent (50%) of any taxes resulting
from that joint reporting. If the gain or loss from the operation of the antique business
is required to be made on the parties' individual local income tax returns, then each
party shall report fifty percent (50%) of the gains, or fifty percent (50%) losses, from
the operation of that business on his or her income tax return and shall be liable for
the payment of any taxes, or shall be entitled to the benefit from the reporting of any
losses, as the result thereof.
1.13. PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4) years from the date of their divorce all
financial records necessary for income tax purposes and filings only, and each party will allow the
other party access to those records as may be reasonably necessary from time to time.
1.14. EFFECT OF RECONCII,IATION
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as
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Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full
force and effect and there shall be no modification or waiver of any of the terms hereof unless the
parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term
of this Agreement to be null and void.
1.15. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, and within at least twenty (20) days
after demand therefor, take any and all steps and execute, acknowledge and deliver to the other
party, any and all further instruments and/or documents that the other party may reasonably require
for the purpose of giving full force and effect to the provisions of this Agreement.
1.16. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by
both parties.
1.17. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of thc paxtics hereto and their
respective heirs, executors, administrators, successors and assigns.
1.18. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and pursuant
to the terms of this Agreement. The failure of either party to insist upon strict performance of any
of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce
the same in the future, nor shall it be construed as a waiver of strict performance of any other
obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or
similar nature.
1.19. BREACH
If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the
benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party
shall have the following rights and remedies, all of which shall be deemed to be cumulative and not
in the alternative, unless said cumulative effect would have an inconsistent result or would result
in a windfall of the other party:
Specific Performance: The right to specific performance of the terms of this
Agreement, in which event the non-breaching party shall be reimbursed for all
reasonable attorney's fees and costs incurred as the result of said breach and in
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bringing the action for specific performance.
Damages: The right to damages arising out of breach of the terms of this Agreement,
which damages shall include reimbursement o fall reasonable attorney's fees and costs
incurred as the result of the breach and in bringing the damage action.
Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of
the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional rights and
remedies that may hereafter be enacted by virtue of the amendment of said statute or
replacement thereof by any other similar laws.
D. Other Remedies: Any other remedies provided for in law or in equity.
Considerations for Reasonable Attorneys Fees: Any award of "reasonable
attorneys fees" as used in this paragraph shall be based on consideration of (1) the
hourly rate charged; (2) the services rendered; and (3) the necessity of the services
rendered. Determination of reasonableness shall not take into consideration the
mount or nature of the obligation s ought t o b e cnforeed or any possibility of
settlement for less than the obligation sought to be enforced by the non-breaching
party.
1.20. MANNER OF GIVING NOTICE
Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above,
or such other address as that party may from time to time designate.
1.21. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no representations or warranties other than
those expressly set forth herein.
1.22. SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term, condition clause or provision shall be
stricken from this Agreement and in all other respects this Agreement shall remain valid and
continue in full force, effect and operation. Likewise, the failure of either party to meet his or her
obligations under this Agreement under any one or more of the paragraphs hereunder, with the
exception of the satisfaction ora condition precedent, shall in no way avoid or alter the remaining
obligations of the parties.
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1.23. SOCIAL SECURITY BENEFITS
The parties agree that, subject to the Rules and regulations of the Social Security Administration,
each of the parties shall continue to be eligible for Social Security benefits to which he or she would
ordinarily be qualified as a party to a divorce after a marriage of ten (10) years or more in duration,
if the parties~ marriage is determined to be often (10) or more years in duration.
1.24. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
1.25. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted
solely for convenience of reference and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction or effect.
END OF SECTION I
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SECTION II
DISTRIBUTION OF PROPERTY
2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts set forth in this Agreement is equitable
and in the event an action in divorce has been or is hereafter commenced, both parties waive and
relinquish the right to divide and distribute their assets and debts in any manner not consistent with
the terms set forth herein and further waive and relinquish the right to have the Court equitably
divide and distribute their marital assets and debts. It is further the intent, understanding and
agreement of the parties that this Agreement is a full, final, complete and equitable property
division.
2.02. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other,
all property, tangible or intangible, real, personal or mixed, acquired by him or her, sinceithe date
of the parties' marital separation, with full power in him or her to dispose of the same as fully and
effectively, in all respects and for all purposes, as though he or she were unmarried and each party
hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and
to said after acquired property of the other party pursuant to the terms of this Paragraph.
2.03. WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release, renounce and forever abandon any right,
title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature
whatsoever previously, or in the futura, received by the other party.
2.04. AS IS CONDITION
Except as otherwise specifically herein provided, and with respect to the transfer of any tangible
assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the
opportunity to inspect and view the assets that he or she is to receive as his or her sole and separate
property and he or she is fully aware of the condition of such tangible asset and is receiving those
assets in "as is" physical condition, without warranty or representation by or from the other party.
2.05. PERSONAL PROPERTY
With respect to the tangible personal property of the parties including, but without limitation with
specific reference to,jewelry, clothes, furniture, furnishings, rugs, carpets, householdequipment and
appliances, tools, pictures, books, works of art and other personal property ("the Personal
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the parties agree as follows'
Property"),.. .
A. D~wsio~n: Husband and Wife d~ereby acknowledge that they have previously
divided the Personal Property. H~reafter Wife agrees that all of the Personal Property
in the possession of Husband shall be the sole and separate property of Husband; and
Husband agrees that all of the Personal Property in the possession of Wife shall be the
sole and separate prol~rt~ of,~Wife. The foregoing notwithstanding, Husband shall
receive his two guns~ ~ther's gun and a box ofm~scellaneous items that are in
Wife's attomeys possession upon his signing of this Agreement.
Be
Waiver: The parties do hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, he or she may have with respect to the Personal
Property which shall become the sole and separate property of the other.
2.06. VEHICLES, BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both
of the parties, or the trade in value thereof, identified on Exhibit "A", and incorporated by reference
hereto, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this
Agreement, the parties agree as follows:
Ae
Wife's Vehicle(s): The 1996 Ford Windstar and the 1968 Pontiac Firebird shall be
the sole and separate property of Wife.
Husband's Vehicle(s): The 1990 Ford Pick up Truck and the 1934 Plymouth Coupe
Street Rod shall be the sole and separate property of Husband.
Identification: Identification of a Vehicle herein shall include not only the Vehicle,
but also the sale or trade-in value thereof if it had been sold or traded in prior to the
date of this Agreement.
De
Liens: In the event any Vehicle is subject to a lien or encumbrance the party
receiving the Vehicle as his or her property shall take it subject to said lien and/or
encumbrance and shall be solely responsible therefor and said party further agrees to
indenmify, protect and save the other party harmless from said lien or encumbrance.
Waiver: Each of the parties hereto does specifically waive, release, renounce and
forever abandon whatever right, iitle and interest they may have in the Vehicles that
shall become the sole and separate property of the other party pursuant to the terms
of this Paragraph.
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2.07. REAL ESTATE
The parties are the owners of a certain tract of improved real estate known and numbered as Lot 4-
B, 85 Biddle Road, Carlisle, PA 17013, ("the Real Estate')identified on Exhibit "A", and
incorporated by reference hereto. With respect to the Real Estate the parties agree as follows:
For Sale by Owner: During the period commencing five (5) business days of the
date of this Agreement through May 31, 2004, parties shall market the real estate for
sale and shall attempt to sell the real estate by owner at a price between $125,000.00
and $135,000.00, or such other price as may be appropriate given market conditions.
All mutually agreed upon costs incurred to effectuate that marketing and sale shall be
equally paid by the parties.
Listing: On or before June 1, 2004, the parties shall list the Real Estate for sale with
a mutually agreeable real estate broker and shall sell the Real Estate at the best price
obtainable, the parties further agreeing to follow all reasonable advice as to listing and
sales price suggested by their real estate broker.
Distribution of Proceeds: Upon the sale and settlement of the Real Estate, the net
proceeds derived, after payment any all normal and reasonable settlement costs, shall
be divided and distributed equally between and to the parties.
Payments: Pending the sale and settlement, the parties shall equally contribute to all
costs and expenses incurred for or pertaining to the Real Estate including, but not
limited to, real estate taxes, insurance, lawn or field mowing and the like.
Taxes: Each party shall be responsible for the timely and prompt reporting of fifty
pement (50%) of the gain derived from the sale of the Real Estate, if applicable, on
his or her appropriate tax returns and shall be liable for payment of any and all taxes
resulting therefrom, including, but not limited to, capital gains taxes or the
equivalent, and shall indemnify, protect and hold the other party harmless therefrom.
2.08. RETIREMENT AND PENSION PLANS
Except as hereafter provided, each of the parties does specifically waive, release, renounce and
forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan,
Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax
Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other
party, whether acquired through said party's employment or otherwise, identified on Exhibit "A",
and incorporated by reference hereto, ("the Retirement Plans"). Except as hereafter provided,
hereafter the Retirement Plans shall become the sole and separate property of the party in whose
name or through whose employment said plan or account is held or carried.
If either p
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withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this
Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that
withdrawal.
The foregoing notwithstanding Husband's civil service retirement shall be divided between the
parties under and subject to the following terms and conditions:
Division: On and after the date of this Agreement, Husband's gross retirement
benefits shall be divided equally between the parties as such benefits are received,
subject nonetheless to the adjusmaent for survivorship benefits hereafter set forth.
Taxes: Each party will pay his or her share of the taxes associated with his or her
share.
Survivorship Benefit~: The survivorship benefits shall be maintained for Wife's
benefit.
Reduction for Survivorship Benefits: Wife's 50% share of the retirement benefits
set forth above will be reduced by the costs of the survivorship benefits estimated at
$305.50 per month so that Wife's share will be calculated as follows:
Description Hypothetical Figures
Gross Monthly Retirement Benefits 3,055.00
X Multiply by .50 0.50
Subtotal 1,527.50
- Subtract Costs of Survivorship (305.50)
Benefits
Total Wife's Share 1,222.00
QDRO: The above distribution will be made by a tax free roll over of retirement
benefits pursuant to a QDRO to be prepared by Harry Leister, the costs of which shall
be paid equally by the parties. Pending approval of the QDRO after the final Divorce
Decree has been entered, Husband shall pay Wife her 50% share of the benefits as
adjusted by the costs of the survivorship benefits directly to her.
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2.09. BANK ACCOUNTS/STOCK/I,IFE INSURANCE
The parties acknowledge and agree that they have previously divided to their mutual satisfaction all
of their bank accounts, certificates of deposit, bonds, shares of stock, investment plans and life
insurance cash value, identified on Exhibit "A", and incorporated by reference hereto, ("the
Accounts"). Hereafter Wife agrees that all the Accounts held in the name of Husband shall become
the sole and separate property of Husband; and Husband agrees that all the Accounts held in the
name of Wife shall become the sole and separate property of Wife. Each of the parties does
specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he
or she may have in the Accounts that arc to become the sole and separate property of the other
pursuant to the terms hereof.
The foregoing notwithstanding, the parties~ joint Financial Network Account #5AD-942402 shall
be divided equally between the parties within fourteen (14) business days of the date of this
Agreement.
2.10. ESCROW ACCOUNT
The parties escrow account having a balance of $376,621.18 as of December 8, 2003, and to be
supplemented by $507.00 for a check recently received from Rowes' Auction Service in the amount
of $507.00 and not yet deposited, bringing the total value of the escrow account to $377,128.18 shall
be divided and distributed to the parties as follows:
Payment to Wife of the amount of fifty pement (50%) of the escrow account balance,
plus $31,359.13 representing the sum of the amount of $2,000.00 for Wife's interest
in the car show spaces previously transferred to Husband, and the amount of
$29,834.13 being the amount necessary to equalize the division of marital assets in
accordance with the Marital Distribution Schedule attached as Exhibit"A" minus the
amount of $475.00 being the value of the Husband's gun that Wife was unable to
deliver to Husband.
Payment to Husband of the amount of fifty percent (50%) of the escrow account
balance, minus the amount of $31,359.13 representing the sum of the amount of
$2,000.00 for Wife's interest in the car show spaces previously transferred to
Husband, and the amount of $29,834.13 being the amount necessary to equalize the
division of marital assets in accordance with the Marital Distribution Schedule
attached as Exhibit "A" plus the amount of $475.00 being the value of the Husband's
gun that Wife was unable to deliver to Husband.
2.11. TAX PROVISIONS
The parties believe and agree that the division of property made to be made pursuant to the terms
of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale
or exchange of such property. Each party promises not to take any position with respect to the
adjusted basis of the property assigned to him or her or with respect to any other issue which is
inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax
returns.
END OF SECTION II
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SECTION III
DISTRIBUTION OF DEBTS
3.01. WIFE'S DEBTS
Wife represents and warrants to Husband that since the parties' marital separation she has not
contracted or incurred any debt or liability for which Husband or his estate might be responsible.
Wife further represents and warrants to Husband that she will not contract or incur any debt or
liability after the execution of this Agreement for which Husband or his estate might be responsible.
Wife shall indemnify and save Husband harmless from any and all claims or demands made against
him by reason of debts or obligations incurred by her.
3.02. HUSBAND'S DEBTS
Husband represents and warrants to Wife that since the parties' marital separation he has not
contracted or incurred any debt or liability for which Wife or her estate might be responsible.
Husband further represents and warrants to Wife that he will not contract or incur any debt or
liability after the execution of this Agreement for which Wife or her estate might be responsible.
Husband shall indenmify and save Wife harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
3.03. MARITAL DEBTS
During the course of the marriage, Husband and Wife have incurred certain bills and obligations and
have amassed a variety of debts, identified on Exhibit "A", and incorporated by reference hereto
("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose
use each of the Marital Debts were incurred, the parties agree as follows:
General Provision: Any debt herein described shall be deemed to include the current
balance owed on the debt. Unless otherwise herein specifically provided, there shall
be no adjustment for the payment of any portion of the Marital Debts that a party may
have made prior to the execution of this Marital Agreement, whether or not that debt
is specifically referenced in this Paragraph.
B. Wife's Debts: Wife shall be solely responsible for the following bills and debts:
Wife's Vehicle Loan(s): Any vehicle loan for Wife's Vehicle(s) as provided
in this Agreement;
Real Estate Exp_~nses: Fifty pement (50%) of any and all expenses associated
with the Real Estate as provided in this Agreement;
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Taxes upon Sale of Real Estate: Fifty percent (50%) of any and all taxes
resulting from the sale of the Real Estate as provided in this Agreement;
Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting
from her withdrawal of funds from Wife's share of Husband's Civil Service
Retirement Plan as provided in this Agreement;
Other Debts: Any and all other debts, liabilities, obligations, loans, credit
card accounts, and the like incurred in Wife's sole name, and not otherwise
provided for herein.
Husband's Debts: Husband shall be solely responsible for the following bills and
debts:
De
Husband's Vehicle Loan(s): Any vehicle loan for Husband's Vehicle(s) as
provided in this Agreement;.
Real Estate Expenses: Fifty percent (50%) of any and all expenses associated
with the Real Estate as provided in this Agreement;
Taxes upon Sale of Real Estate: Fifty percent (50%) of any and all taxes
resulting from the sale of the Real Estate as provided in this Agreement;
Taxes from Withdrawal of Retirement Funda: Any and all taxes resulting
from his withdrawal of funds from Husband's Retirement Plans as provided in
this Agreement;
Other Debts: Any and all other debts, liabilities, obligations, loans, credit
card accounts, and the like incurred in Husband's sole name, and not otherwise
provided for herein.
Indemnification: Each party agrees to hold the other harmless from any and all
liability which may arise from the aforesaid bills which pursuant to the terms herein
are not the responsibility of the other party.
Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party
can make any further charges thereunder, and if said charges are made in violation of
this Agreement, then the party incurring said charge shall immediately repay the same.
Non-Disclosed Liability: Any liability not disclosed in this Agreement shall bede
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sole responsibility of the party who has incurred or may hereafter incur it, and the
party incurring or having incurred said debt shall pay it as it becomes due and payable.
No Further Joint Debt: From the date of this Agreement, each party shall only use
those credit accounts or incur such further obligations for which that party is
individually and solely liable and the parties shall cooperate in closing any remaining
accounts which provide for joint liability.
3.04. INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this Agreement shall indemnify, protect
and hold the other party harmless from and against all any and all liability thereunder, including, but
not limited to, any attorney's fees and costs incurred by the other party as the result of defending
against the obligation and/or enforcing the provisions of this indemnification.
END OF SECTION III
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SECTION IV
COUNSEL FEES, ALIMONY, APL, SPOUSAL
SUPPORT, AND HEALTH INSURANCE
4.01. WAIVER OF COUNSEL FEES
The parties hereto agree and do hereby waive any right and/or claim each may have, both now and
in the future, against the other for counsel fees, costs and expenses.
4.02. ALIMONY, APL AND SPOUSAL SUPPORT
The parties hereto agree and do hereby waive any right and/or claim they may have, both now and
in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance.
As clarification of the foregoing The existing spousal support/APL order in the action docketed to
No. 02-5630 shall terminate as of the date of this Agreement. Any remaining arrears on said Order
shall be paid at the rate determined by Domestic Relations.
4.03. HEALTH INSURANCE
The following shall apply regarding health insurance:
Health Insurance for Spouse: Any party carrying health insurance on the other party
shall continue to provide health insurance coverage on the other party until the date
of the entry of the Divorce Decree. To the extent permitted by law, the party for
whom that health insurance is provided shall be entitled to elect Cobra coverage under
the other party' s employment health insurance policy in accordance with federal Rules
and regulations provided that he or she shall be solely be responsible for the payment
of the costs therefor.
Health Insurance Documentation: Any party having the insurance coverage on the
other party pursuant to the terms of this Section shall be required to provide the other
party with all documentation pertaining to the insurance including, but not limited to,
medical insurance cards, benefit booklets, claim submission forms and all statements
pertaining to the determination of insurance coverage as to each claim made
thereunder.
END OF SECTION IV
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COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF /~'/.~t.,'~',~.(/~.'/ :
On this the ~/-'ZZ'day of ~, 2003, before me the undersigned officer,
personally appeared, ALLAN W. STACKHOUSE, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
NOTARY PUBLIC
L.C~,OMMONWEALTH OF PENNSYLVANIA
Nc~ Se~ I
t~.~ L oo~y, N~Pu~c I
c.m Ha a~ Cum~3a~d C.,m~ I
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF ff_.Q-d"~',./--~fz~_~,j-.,' :
On this the ~ day of ~.~.a~ 2003, before me the undersigned officer,
personally appeared, GRETA M. STACKHOUSE, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
NOTARY PUBLIC
~I~,.~U'~NWEALTH OF PENNSYLVANIA..,
-21 -
EXHIBIT "A"
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF [ DATE OF VALUE OF NET VALUE PROPOSED IPROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY I LIABILITY TO Husband [ TO Wife
REAL ESTATE AND REAL ESTATE MORTGAGES (INVENToRY#l)
ITEM 1 (REAL ESTATE #1)
Lot 4-B
85 Biddle Road,
Carlisle, PA
Estimated Costs of
Sale ~7%
Net Equity
Est. Sales 125,000.00 to
Price 135,000.00
(8,750.00) to
(9,450.00)
116,250.00 to
125,550.00
Distribute
Equally
Distribute
Equally
MOTOR VEHICLES AND VEHICLE LIENS (INVENTORY #2)
N/A N/A
Distribute
Equally
ITEM 2 (VEHICLE #1)
Wife's 1996 Ford [
Windstar
Distribute to
Wife
ITEM 3 (VEHICLE #2
Husband's 1990 Ford [ N/A [
F-150 PickUp Track
ITEM 4 (VEHICLE #3)
N/A
Distribute to
Husband
1968 Firebird N/A [ N/A Distribute to
Convertible [ Wife
ITEM 5 (VEHICLE #4)
1934 Plymouth Coupe N/A [ N/A Distribute to
Street Rod [ Husband
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
STOCKS, SECURITIES, INVESTMENTS & CERTIFICATES OF DEPOSIT (INVENTORY #3 & g4)
ITEM 6 (INVESTMENT gl)
Jr. Financial Network 11.29.02 3,559.95 3,559.95 1,779.98 1,779.98
Investment Corp.
Account #5AD-
092402
Comments:
[] NOTE: If either parD' has removed fnnds from this accnunt after 11.29.02, then the abnve proposed
distribution will be modified to reflect that distribution. If no funds have been removed then value will
be adjusted to reflect current value.
ITEM 7 (INVESTMENT #2)
Waypoint Certificate 1.03 77,934.41 77,934.41 38,967.21 38,967.2 l
of Deposit
#1900012662
Waypoint Certificate 10.31.02 1,038.33 1,038.33 1,038.33
of Deposit
#1900012662 Value
Lost based on Transfer
ITEM 8 (INVESTMENT g3)
Waypoint Certificate 7.31.03 29,341.56 29,341.56 29,341.56
of Deposit
#1900012661
CASH, CHECKING ACCOUNTS AND SAVINGS ACCOUNTS 0NVENTORY #5 & g6)
ITEM 9 (MONETARY ACCOUNT gl)
Jt. Vartan NB Account 11.20.03 411.17 411.17 411.17
#0001092105
ITEM 10 (MONETARY ACCOUNT #2)
Husband's Vartan NB 11.20.02 11,571.78 11,571.78 11,571.78
Account #0001092097
- 23 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF I DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR [ VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
ITEM 11 (MONETARY ACCOUNT #3)
Member's 1~ Account [ 11.30.02
#11776
Jt. (Husband Primary)
ITEM 12 (MONETARY ACCOUNT #4)
Member's l'tAccount I 12.18.02 I
g43906
Jt. (Wife Primary)
ITEM 13 (MONETARY ACCOUNT #5)
324.77
99.00
324.77 J 324.77
99.00
99.00
Wife's Member's 1
Account #167053
11.30.02
4,382.30
ITEM 14 (MONETARY ACCOUNT #6)
4,382.30
4,382.30
Husband's Waypoint I 11.5.02
Focus 50 Account
#31900015511
ITEM 15 (MONETARY ACCOUNT #7)
Jt. Waypoint Focus 50 [ 11.25.02 [
Account # 1900010496
ITEM 16 (MONETARY ACCOUNT #8)
Husband's NFCU r 11.30.02.
Account #010215
ITEM 17 (MONETARY ACCOUNT #9)
Husband's M&T 12.3.02
Account #970379
ITEM 18 (MONETARY ACCOUNT #I0)
Wife's Community
Bank Savings Account
g452093220&
452093209
306'211
211.2oI
353.63
306.21
211.20
353.63
306.21
353.63
430.27 I 430.27 I 430.27
11.28.02 13,038.38
I
211.20
13,038.38
- 24 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
ITEM 19 (MONETARY ACCOUNT #11)
lt. Commerce Bank 11.28.02 0.00 0.00 0.00
Account 0536167190
LIgE ~SU~a~CE poLIcmS (mw~NTOR¥ #9)
ITEM 20 (INSURANCE #1)
Husband's Prudential 8.7.03 3,280.00 3,280.00 3,280.00
Life Policy #
PE~SiON ~ RETIREMENT PLANS ~NTORY#i8 & i9
ITEM 21 (RETIREMENT #1)
Husband's CSRS Distribute Distribute Distribute Distribute
Retirement Monthly Equally Equally Equally
Monthly Monthly Monthly
ITEM 22 (RETIREMENT #2)
Husband's TSP 5 31.03 22,388 25 22,388 25 22 388 25
HOUSEHOLD GOODS, FURNIsHINGS, ToOLs, PERSONAL EFFECTS: ETC
ITEM 23 (PERSONALTY #I)
Husband's Items 4.25.03 832.00
Rowe's Auction #1 ~//.~
Rowe,sHUSband's ItemSAuction #2 5'27'03 6,654.00 ~//~ ~//~
Husband's Items 6.6.03& 4,903.50 ~//~~//~
Rowe's Auction #3 6.7.03
Husband's Items 6.19.03 731.00 ~//~ ~//~
Rowe's Auction ~ 6.20.03
Husband's Items 7.17.03 155.00
Rowe's Auction #5 ~//~ ~//~
Husband's Items 8.23.03 690.00
Rowe's Auction #6
Husband's Items 255.00
Rowe's Auction #7
- 25 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
VALUE OF NET VALUE PROPOSED PROPOSED
DISTRIBUTION DISTRIBUTION
TO Wife
DESCRIPTION OF DATE OF
pROPERTY OR VALUE ASSET OR
LIABILITY
LIABILITY
14,220.50
Total Husband's Items
TEM 24 (PERSONALTY #2)
Wife's Items 4.25.03 0.00
Rowe's Auction #1
:'s Items 5.27.03 5,200.00
Rowe's Auction #2
Wife's Items 6.6.03 & 2 i0.00
Rowe's Auction #3 6.7.03
~ Items ;. 19.03 35.00
Rowe's Auction g4 6.20.03
Wife's Items 7.17.03 0.00
Rowe's Auction #5
Wife's Items 8.23.03 0.00
Rowe's Auction #5
. Items 5,445.00
(PERSONALTY #3)
:r Personalty
Retained by Husband
ITEM 26 (PERSONALTY #4)
r Personalty
5,445.00
TO Husband
14,220.50
N/A N/A Distribute to
Husband
5,445.00
N/A N/A Distribute to
Wife
Retained by Wife
(ESCROW AccoUNT)
~roceeds from sale of
Lot 2, 85 Biddle Road
Carlisle, PA
Rowe's Auction #1 &
#2
Auction #3
9.5.03
4.25.03
& 5.2.03
&
6.7.03
oTm R ASSEXS _ EscROW Accotn'rr
$256,963.17
64,207.00
41,462.00
- 26 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE
PROPERTY OR VALUE ASSET OR
LIABILITY LIABILITY
Rowe's Auction//4
6.19.03
6.20.03
5,239.00
Rowe's Auction #5 7.17.03 1,225.00
Rowe's Auction #6 8.23.03 3,136.00
Hunt's Auction #1 7.2.03 3,653.65
Rowe's Auction #7 507.00
Interest Earned 735.36
Tots!
/////5
'/////
/////5
9~l/l/
377,128.18 377,128.18
PROPOSED
DISTRIBUTION
TO Husband
/////
188,564.09
PROPOSED
DISTRIBUTION
TO Wife
'////i
///////
188,564.09
ITEM 28 (CAR SHOW SPACES)
ShowSp~ingandFallC~ r Est' I SeeNotes Spaces See Notes SeeSotes [ SeeNotes
Comments:
[] NOTE: Husband to pay Wife $2,000.00 fnr her interest ill the car show spaces from his share of the
L6~S; CREDIT CARDS AND OTHER DEBTS ~NT6Ry ~27i
ITEM29 (DEBT #1)
34287-5900Member's 1st Jt' Acct' [ 11'19'02 [0011 7768 (300.31)
ITEM 30 (DEBT #2)
(300.31)
(150.16) 050.16)
Waypoint Bankcard
Acct 34800 1309 7800
1344
12.3.02
Total of Assets and Liabilities
TOTALS
I 564,008'651
PERCENTAGE OF DMSION
(577.97)
311,838.45 I 252,170.20
I
Totals
from Above
] 564,008.65 311,838.45 252,170.20
Percentage of Total 0.55 0.45
-27 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
ADJUSTMENT FOR 50/50 DIVISION
Totals from above I 564,008.65 311,838.45 252,170.20
Amount Due in 50/50 Division 282,004.33 282,004.33
Adjustment Figure for 50/50 (29,834.13) 29,834.13
NOTES AND COMMENTS:
The net marital estate be divided 50% to Husband and 50% to Wife. This results in a payment of
$29,834.13 due Wife. This payment will be made by way of transfer of the amount of$29,834.13 (minus
$475.00 for a gun that was to be husband's property but not delivered to him) to Wife from Husband's half
share of the Escrow account listed as Item 27 above.
The proceeds from the sale of the remaining lot will be divided 50% to Wife and 50% to Husband upon
sale.
Husband owes Wife $2,000.00 for her interest in the car show spaces as listed in Item 28 above to be paid
from Husband's share of the escrow account.
Husband's gross retirement benefits listed as Item 21 above will be divided equally between the parties
as received, subject to the adjustment for the costs of survivor's benefits listed below. Each party will
pay his or her share of the taxes associated with his or her share. Verification of survivorship benefits
will have to be determined. If such benefits exist for Wife, they will be maintained for her benefit. If
there is a costs, Wife's 50% share will be reduced by the costs of those benefits so that Wife's share will
be calculated as follows:
Description Hypothetical Figures
Gross Monthly Retirement Benefits 3,055.00
Multiply by .50 0.50
Subtotal 1,527.50
- Subtract Costs of Survivorship Benefits
Total Wife's Share
(305.50)
1,222.00
-28 -
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
MARITAL AGREEMENT
BETWEEN
ALLAN W. STACKHOUSE
AND
GRETA M. STACKHOUSE
TABLE OF CONTENTS
INTRODUCTION AND PREAMBLE ............................................................ 1
SECTION I
GENERAL PROVISIONS ...............................................................................
1.01 Incorporation of Preamble .................................................... 2
2
1.02 Divorce Decree ....................................................................
1.03 Agreement to Be Incorporated into Divorce Decree ........... 2
1.04 Date of Agreement ................................................................ 2
1.05 Distribution Date ................................................................. 2
1.06 Advice Of Counsel .............................................................. 2
1.07 Financial Disclosure ........................................................... 3
! .08 Disclosure and Wavier of Procedural Rights ...................... 3
1.09 Bankruptcy .......................................................................... 4
1.10 Personal Rights ..................................................................... 4
1.11 Mutual Release .................................................................... 4
1.12 Income Tax Matters ............................................................. 5
1.13 Preservation of Records ....................................................... 6
1.14 Effect of Reconciliation ....................................................... 6
1.15 Mutual Cooperation ............................................................. 7
1.16 Waiver or Modification to Be in Writing ............................ 7
1.17 Agreement Binding upon Heirs ........................................... 7
1.18 No Waiver of Default .......................................................... 7
1.19 Breach ................................................................................... 7
2
1.20
1.21
1.22
1.23
1.24
1.25
Manner of Giving Notice ..................................................... 8
Integration ............................................................................ 8
Severability ........................................................................... 8
Social Security Benefits ....................................................... 8
Law of Pennsylvania Applicable ......................................... 9
Headings Not Part of Agreement ......................................... 9
SECTION II
DISTRIBUTION OF PROPERTY ...................................................................
2.01
2.02
2.03
2.04
2.05
2.06
2.07
2.08
2.09
2.10
2.11
Final Equitable Distribution of Property .............................. 10
After-Acquired Property ...................................................... 10
Waiver of Inheritance .......................................................... 10
As Is Condition .................................................................... 10
Personal Property .................................................................. 10
Vehicles, Boats and the like ................................................ 11
Real Estate ........................................................................... 12
Retirement and Pension Plans ............................................. 12
Bank Accounts, Stock and Life Insurance .......................... 14
Escrow Account ................................................................... 14
Tax Provisions ....................................................... 14
10
SECTION III
DISTRIBUTION OF DEBTS ............................................................................
3.01
3.02
3.03
Wife's Debts ......................................................................... 16
Husband's Debts 16
Marital Debts ....................................................................... 16
16
3.04 Indemnification .................................................................. 18
SECTION IV
COUNSEL FEES, ALIMONY PENDENTE LITE, ALIMONY, SPOUSAL
SUPPORT AND HEALTH INSURACNE ..........................................................
4.01 Waiver of Counsel Fees ....................................................... 19
4.02 Alimony, APL and Spousal Support .................................... 19
4.03 Health Insurance .................................................................. 19
SECTION V
CLOSING PROVISIONS AND EXECUTION ...............................................
EXHIBIT "A"
MARITAL PROPERTY DISTRIBUTION SCHEDULE .............................
19
2O
22
iii
INTRODUCTION
THIS AGREEMENT made this3/'~day o f~am/a~, 2003, by and between GRETA
M. STACKHOUSE, ("Wife") of 2221 Ionoff Road, Harrisburg, PA 17110, and ALLAN W.
STACKHOUSE, ("Husband") of 1178 York Road, Mechanicsburg, PA 17055.
WITNESETH:
WHEREAS, the parties hereto are husband and wife, having been married on November
17, 1963 in Montgomery, New York, and separated in house on November 20, 2003 (filing date)
and on March 31, 2003 (physical separation).
WHEREAS, There were two (2) children bom of this marriage: Lisa Ann McNealy, bom
May 24, 1964; and Allan B. Stackhouse, bom September 15, 1968, both of whom are emancipated.
WHEREAS, diverse and unhappy differences, disputes and difficulties have arisen
between the parties and it is the intention of Husband and Wife to live separate and apart for the rest
of their natural lives, and the parties hereto are desirous of settling fully and finally their respective
financial and property rights and obligations as between each other including, without limitation by
specification: the settling of all matters between them relating to the ownership and equitable
distribution of real and personal property; the settling of all matters between them relating to the
past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband
by Wife; and in general, the settling of any and all claims and possible claims by one against the
other or against their respective estates.
NOW, THEREFORE, in consideration of the premises and mutual promises,
covenants and undertakings hereinafter set forth and for other good and valuable consideration,
receipt of which is hereby acknowledged by each of the parties hereto, Wife and Husband, each
intending to be legally bound hereby, covenant and agree as ffllows:
END OF INTRODUCTION
-1-
SECTION I
GENERAL PROVISIONS
1.01. INCORPORATION OF PREAMBLE
The recitals set forth in the Preamble of this Agreement are incorporated herein and made a part
hereof as if fully set forth in the body of the Agreement.
1.02. DIVORCE DECREE
The parties acknowledge that their marriage is irretrievably broken and that they will secure a
mutual consent no-fault Divorce Decree in the above captioned Cumberland County divorce action
docketed to No. 02-5630 Civil Term and filed on November 20, 2002. Upon the execution of this
Agreement, the parties shall execute and f'de all documents and papers, including affidavits of
consent, necessary to finalize said divorce.
1.03. AGREEMENT TO BE INCORPORATED IN DIVORCE DECREE
The terms of this Agreement shall be incorporated into any Divorce Decree which may be entered
with respect to them. This Agreement shall not merge with the Divorce Decree, but rather, it shall
continue to have independent contractual significance and each party shall maintain their contractual
remedies as well as Court remedies as the result of the aforesaid incorporation or as otherwise
provided by law or statute. Unless otherwise specifically provided herein, this Agreement shall
continue in full force and effect after such time as a final Decree in Divorce may be entered with
respect to the parties.
1.04. DATE OF AGREEMENT
The "date of this Agreement" shall be defined as the date of e, xecution by the party last executing
this Agreement.
1.05. DISTRIBUTION DATE
The transfer of property, funds and/or documents provided for herein shall only take place on the
"distribution date" which shall be defined as the date of execution of this Agreement unless
otherwise specified herein.
1.06. ADVICE OF COUNSEL
The provisions of this Agreement and their legal effect have heen fully explained to the parties by
their respective counsel, Jennifer Frechette, Esquire, for Husband, and Diane G. Radcliff, Esquire,
-2-
for Wife. The parties acknowledge that they have received independent legal advice from counsel
of their selection and that they fully understand the facts and have been fully informed as to their
legal fights and obligations. They acknowledge and accept that this Agreement is, under the
circumstances, fair and equitable and that it is being entered into freely and voluntarily after having
received such advice and with such knowledge, and that execution of this Agreement is not the
result of any duress or undue influence and that it is not the result of any collusion or improper or
illegal agreement or agreements.
1.07. FINANCIAL DISCLOSURE
The parties confirm that each has relied on the substantial accuracy of the financial disclosure of the
other as an inducement to the execution of this Agreement, and each party acknowledges that there
has been a full and fair disclosure of the parties' marital assets and debts and the parties' respective
incomes, which has been provided to each party. The parties further acknowledge that the financial
disclosure has included the disclosure of the marital assets and debts set forth on the "Marital
Distribution Schedule", attached hereto, marked Exhibit "A" and made a part hereof, and that it is
the parties' intent to distribute those assets and debts in accordance with the distribution set forth
therein.
1.08. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS
Each party understands that he or she has the fight: (1) to obtain from the other party a complete
inventory or list of all of the property that either or both parties own at this time or owned as of the
date of separation; (2) to have all such property valued by means of appraisals or otherwise; (3) to
compulsory discovery to assist in the discovery and verification of facts relevant to their respective
rights and obligations, including the right to question the other party under oath; and (4) to have a
Court hold hearings and make decisions on the matters covered by this Agreement, which Court
decision concerning the parties' respective rights and obligations might be different from the
provisions of this Agreement.
Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately
provides for his or her needs and is in his or her best interests, and that the Agreement is not the
result of any fraud, duress, or undue influence exercised by either party upon the other or by any
other person or persons upon either party.
Given said understanding and acknowledgment, both parties hereby waive the following procedural
rights:
Inventory_: The right to obtain an inventory of' all marital and separate property as
defined by the Pennsylvania Divorce Code.
-3-
Income and Expense Statement: The right to obtain an income and expense
statement of the other party as provided by the Pennsylvania Divorce Code, except in
instances where such an income and expense statement is hereafter required to be
filed in any child support action or any other proceedings pursuant to an order of
court.
Discovery: The right to have any discovery as may be permitted by the Rules of Civil
Procedure, except discovery arising out of a breach of this Agreement, out of any
child support action, or out of any other proceedings in which discovery is specifically
ordered by the court.
Determination of Marital and Non-Marital Property: The right to have the Court
determine which property is marital and which is non-marital, and equitably distribute
between the parties that property which the Court determines to be marital.
Other Rights and Remedies: The fight to have the Court decide any other rights,
remedies, privileges, or obligations covered by this Agreement, including, but not
limited to, possible claims for divorce, spousal support, alimony, alimony pendente
lite (temporary alimony), counsel fees, costs and expenses.
1.09. BANKRUPTCY
The parties hereby agree that the provisions of this Agreement shall not be dischargeable in
bankruptcy and expressly agree to reaffirm any and all obligations contained herein.
1.10. PERSONAL RIGHTS
Husband and Wife may and shall, at all times hereafter, live separate and apart. They shall be free
from any con~'ol, restraint, interference or authority, direct or indirect, by the other in all respects
as fully as if they were unmarried. They may reside at such place or places as they may select. Each
may, for his or her separate use or benefit, conduct, carry on and engage in any business, occupation,
profession or employment which to him or her may seem advisable. Husband and Wife shall not
molest, harass, disturb or malign each other or the respective families of each other nor compel or
attempt to compel the other to cohabit or dwell by any means or in any manner whatsoever with him
or her.
1.11. MUTUAL RELEASES
Except as otherwise expressly provided in this Agreement, Husband and Wife each do hereby
mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for
-4-
all time to come, and for all purposes whatsoever, of and from the following:
Claims Against Property or Estate: Any and all fight, title, interest and/or claims
in or against the other party, the property (including income and gain from property
hereafter accruing) of the other or against the estate of such other, of whatever nature
and wheresoever situate, which he or she now has or at any time hereafter may have
against such other party, the estate of such other party or the property of the other
party or any part thereof, whether arising out of any former acts, con~'acts,
engagements or liabilities of such other.
Dower, Curtesy, Widows Riehts: Any and all rights and claims of dower or curtesy,
or claims in the nature of dower or curtesy or widow's or widower's fights, family
exemption or similar allowance, or under the intestate laws, or the fight to take against
the spouse's will;
Life Time Conveyances: The right to treat a lifetime conveyance by the other as
testamentary, or all other fights of a surviving spouse to participate in a deceased
spouse's estate, whether arising under the laws of (i) the Commonwealth of
Pennsylvania, (ii) State, Commonwealth or Territory of the United States, or (iii) any
other country;
Marital Rights: Any rights which either party may have or at any time hereafter have
for past, present or future support or maintenance, alimony, alimony pendente lite,
counsel fees, equitable distribution, costs or expenses, whether arising as a result of
the marital relation or otherwise.
tJ
Breach Exception: The foregoing shall not apply to all fights and agreements and
obligations of whatsoever nature arising or which may arise under this Agreement or
for the breach of any provision thereof. It is the intention of Husband and Wife to
give to each other by the execution of this Agreement a full, complete and general
release with respect to any and all property of any kind or nature, real, personal or
mixed, which the other now owns or may hereafter acquire, except and only except,
all fights and agreements and obligations of whatsoever nature arising or which may
arise under this Agreement or for the breach of any provisions thereof.
1.12. INCOME TAX MATTERS
With respect to income tax matters regarding the parties the following shall apply:
-5-
Prior Tax Returns: The parties have heretofore filed joint federal and state returns.
Both parties agree that in the event any deficiency in federal, state or local income tax,
or any assessment of any such tax is made against either of them, such tax, interest,
penalty or expense shall be paid equally by the parties with each party being liable to
pay fifty pement (50%) such tax, interest, penalty or expense.
Current Tax Returns: Provided that the Divorce Decree is entered on or before
December 31,2003, the parties shall file individual tax returns for the current tax year
and for every tax year hereafter. If the Divorce Decree is not entered until on or after
January 1, 2003, the parties will decide whether ,ar not it is beneficial to them to file
separate or individual tax returns, it being understood that neither party shall be
obligated to file a joint return with the other party. Each party shall be entitled to
secure the advice of an accountant prior to and for purposes of making his or her
determination as to whether or not it would be in his or her best interest to file jointly
or individually.
Antique Business Reporting and Taxes: The parties have jointly operated an
antique business during the calendar year 2003. If the parties file separate and
individual income federal and state tax returns fi>r 2003, then each party shall report
fifty percent (50%) of the gains, or fifty pement (50%) losses, from the operation of
that business on his or her income tax return and shall be liable for the payment of any
taxes, or shall be entitled to the benefit from the reporting of any losses, as the result
thereof. If the parties file a joint federal and state income tax returns for 2003, then
each party shall be liable for the payment of fifty percent (50%) of any taxes resulting
from that joint reporting. If the gain or loss from the operation of the antique business
is required to be made on the parties' individual local income tax retums, then each
party shall report fifty percent (50%) of the gains, or fifty pement (50%) losses, from
the operation of that business on his or her income tax return and shall be liable for
the payment of any taxes, or shall be entitled to the benefit from the reporting of any
losses, as the result thereof.
1.13. PRESERVATION OF RECORDS
Each party will keep and preserve for a period of four (4) years from the date of their divorce all
financial records necessary for income tax purposes and filings only, and each party will allow the
other party access to those records as may be reasonably necessary from time to time.
1.14. EFFECT OF RECONCILIATION
This Agreement shall remain in full force and effect even if the parties reconcile, cohabit as
Husband and Wife or otherwise, or attempt a reconciliation. This Agreement shall continue in full
force and effect and there shall be no modification or waiver of any of the terms hereof unless the
parties, in writing, signed by both parties, execute a statement declaring this Agreement or any term
of this Agreement to be null and void.
1.15. MUTUAL COOPERATION
Each party shall, at any time and from time to time hereafter, and within at least twenty (20) days
after demand therefor, take any and all steps and execute, acknowledge and deliver to thc other
party, any and all further instruments and/or documents that the other party may reasonably require
for the purpose of giving full force and effect to the provisions of this Agreement.
1.16. WAIVER OR MODIFICATION TO BE IN WRITING
No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by
both parties.
1.17. AGREEMENT BINDING ON HEIRS
This Agreement shall be binding and shall inure to the benefit of the parties hereto and their
respective heirs, executors, administrators, successors and assigns.
1.18. NO WAIVER OF DEFAULT
This Agreement shall remain in full force and effect unless and until terminated under and pursuant
to the terms of this Agreement. The failure of either party to insist upon strict performance of any
of the provisions of this Agreement shall in no way affect the fight of such party hereafter to enforce
the same in the future, nor shall it be construed as a waiver of strict performance of any other
obligations herein, nor shall it be construed as a waiver of any subsequent default of the same or
similar nature.
1.19. BREACH
If for any reason either Husband or Wife fails to perform his or her obligations owed to or for the
benefit of the other party and/or otherwise breaches the terms of this Agreement, then the other party
shall have the following rights and remedies, all of which shall be deemed to be cumulative and not
in the aitemative, unless said cumulative effect would have an inconsistent result or would result
in a windfall of the other party:
Specific Performance: The fight to specific: performance of the terms of this
Agreement, in which event the non-breaching party shall be reimbursed for all
reasonable attorney's fees and costs incurred as the result of said breach and in
-7-
bringing the action for specific performance.
Damages: The right to damages arising out of breach of the terms of this Agreement,
which damages shall include reimbursement of all reasonable attorney's fees and costs
incurred as the result of the breach and in bringing the damage action.
Divorce Code Remedies: The right to all remedies set forth in Section 3502(e) of
the Pennsylvania Divorce Code, 23 PA. C.S.A. 3502(e), and any additional fights and
remedies that may hereafter be enacted by virtue of the amendment of said statute or
replacement thereof by any other similar laws.
D. Other Remedies: Any other remedies provided for in law or in equity.
Ee
Considerations for Reasonable Attorneys Fees: Any award of "reasonable
attorneys fees' as used in this paragraph shall be based on considcratinn of (1) thc
hourly rate charged; (2) thc services rcndercd; and (3) thc necessity of thc services
rendered. Determination of reasonableness shall not take into consideration the
amount or nature of the obligation s ought t o b e enforced or any possibility of
settlement for less than the obligation sought to be enforced by the non-breaching
party.
1.20. MANNER OF GIVING NOTICE
Any notice required by this Agreement shall be sent to a party at the address listed on page 1 above,
or such other address as that party may from time to time designate.
1.21. INTEGRATION
This Agreement constitutes the entire understanding of the parties and supersedes any and all prior
agreements and negotiations between them. There are no representations or warranties other than
those expressly set forth herein.
1.22. SEVERABILITY
If any term, condition, clause or provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term, condition clause or provision shall be
stricken from this Agreement and in all other respects this Agreement shall remain valid and
continue in full force, effect and operation. Likewise, the failure of either party to meet his or her
obligations under this Agreement under any one or more of the paragraphs hereunder, with the
exception of the satisfaction of a condition precedent, shall in no way avoid or alter the remaining
obligations of the parties.
-8-
1.23. SOCIAL SECURITY BENEFITS
The parties agree that, subject to the Pules and regulations of the Social Security Administration,
each of the parties shall continue to be eligible for Social Security benefits to which he or she would
ordinarily be qualified as a party to a divorce after a marriage often (10) years or more in duration,
if the parties' marriage is determined to be often (10) or more years in duration.
1.24. LAW OF PENNSYLVANIA APPLICABLE
This Agreement shall be construed in accordance with the laws of the Commonwealth of
Pennsylvania.
1.25. HEADINGS NOT PART OF AGREEMENT
Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted
solely for convenience of reference and shall not constitute a part of this Agreement nor shall they
affect its meaning, construction or effect.
END OF SECTION 1
-9-
SECTION II
DISTRIBUTION OF PROPERTY
2.01. FINAL EQUITABLE DISTRIBUTION OF PROPERTY
The parties agree that the division of all property and debts set forth in this Agreement is equitable
and in the event an action in divorce has been or is hereafter commenced, both parties waive and
relinquish the right to divide and distribute their assets and debts in any manner not consistent with
the terms set forth herein and further waive and relinquish the right to have the Court equitably
divide and distribute their marital assets and debts. It is further the intent, understanding and
agreement of the parties that this Agreement is a full, final, complete and equitable property
division.
2.02. AFTER-ACQUIRED PROPERTY
Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other,
all property, tangible or intangible, real, personal or mixed, acquired by him or her, since the date
of the parties' marital separation, with full power in him or her to dispose of the same as fully and
effectively, in ail respects and for all purposes, as though he or she were unmarried and each party
hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and
to said after acquired property of the other party pursuant to the terms of this Paragraph.
2.03. WAIVER OF INHERITANCE
Each of the parties hereto does specifically waive, release, renounce and forever abandon any right,
title, interest and claim, if any, either party may have in and to any inheritance of any kind or nature
whatsoever previously, or in the future, received by the other party.
2.04. AS IS CONDITION
Except as otherwise specifically herein provided, and with respect to the transfer of any tangible
assets provided for in this Marital Agreement, the parties acknowledge that he or she have had the
oppormrfity to inspect and view the assets that he or she is to receive as his or her sole and separate
propen'y and he or she is fully aware of the condition of such tangible asset and is receiving those
assets in "as is" physical condition, without warranty or repre:sentation by or from the other party.
2.05. PERSONAL PROPERTY
With respect to the tangible personal property of the parties including, but without limitation with
specific reference to, jewelry, clothes, furniture, fumishings, rugs, carpets, household equipment and
appliances, tools, pictures, books, works of art and other personal property ("the Personal
-10-
A. Division: Husband and Wife dq/hereby acknowledge that they have previously
divided the Personal Property. H~eafier Wife agrees that all of the Personal Property
in the possession of Husband shall be the sole and separate property of Husband; and
Husband agrees that all of the Personal Property i:a the possession of Wife shall be the
sole and separate prope~rt~ of ,.Wife. The foregoing notwithstanding, Husband shall
receive his two guns~ f~ther s gun and a box of miscellaneous ~tems that are in
Wife's attomeys possession upon his signing of this Agreement.
Waiver: The parties do hereby specifically waive, release, renounce and forever
abandon whatever claims, if any, he or she may have with respect to the Personal
Property which shall become the sole and separate property of the other.
2.06. VEHICLES, BOATS AND THE LIKE
With respect to the vehicles, boats, snowmobiles, motorcycles and the like owned by one or both
of the parties, or the trade in value thereof, identified on Exhibk "A", and incorporated by reference
hereto, ("the Vehicles") if the Vehicles have been sold or traded in prior to the date of this
Agreement, the parties agree as follows:
Wife's Vehicle(s): The 1996 Ford Windstar and the 1968 Pontiac Firebird shall be
the sole and separate property of Wife.
Husband's Vehicle(s): The 1990 Ford Pick up Truck and the 1934 Plymouth Coupe
Street Rod shall be the sole and separate proper~y of Husband.
Identification: Identification of a Vehicle herein shall include not only the Vehicle,
but also the sale or trade-in value thereof if it had been sold or traded in prior to the
date of this Agreement.
Liens: In the event any Vehicle is subject to a lien or encumbrance the party
receiving the Vehicle as his or her property shall take it subject to said lien and/or
encumbrance and shall be solely responsible therefor and said party further agrees to
indemnify, protect and save the other party ham~less from said lien or encumbrance.
Waiver: Each of the parties hereto does specifically waive, release, renotmce and
forever abandon whatever right, title and interest they may have in the Vehicles that
shall become the sole and separate property of the other party pursuant to the terms
of this Paragraph.
-11-
2.07. REAL ESTATE
The parties are the owners of a certain tract of improved real estate known and numbered as Lot 4-
B, 85 Biddle Road, Carlisle, PA 17013, ("the Real Estate")identified on Exhibit "A", and
incorporated by reference hereto. With respect to the Real Estate the parties agree as follows:
For Sale by Owner: During the period commencing five (5) business days of the
date of this Agreement through May 31, 2004, parties shall market the real estate for
sale and shall attempt to sell the real estate by owner at a price between $125,000.00
and $135,000.00, or such other price as may be appropriate given market conditions.
All mutually agreed upon costs incurred to effectaate that marketing and sale shall be
equally paid by the parties.
Listing: On or before June 1,2004, the parties shall list the Real Estate for sale with
a mutually agreeable real estate broker and shall sell the Real Estate at the best price
obtainable, the parties further agreeing to follow all reasonable advice as to listing and
sales price suggested by their real estate broker.
Distribution of Proceeds: Upon the sale and settlement of the Real Estate, the net
proceeds derived, after payment any all normal and reasonable settlement costs, shall
be divided and distributed equally between and to the parties.
Payments: Pending the sale and settlement, the parties shall equally contribute to all
costs and expenses incurred for or pertaining to the Real Estate including, but not
limited to, real estate taxes, insurance, lawn or field mowing and the like.
Taxes: Each party shall be responsible for the timely and prompt reporting of fifty
percent (50%) of the gain derived from the sale of the Real Estate, if applicable, on
his or her appropriate tax returns and shall be liable for payment of any and all taxes
resulting therefrom, including, but not limited to, capital gains taxes or the
equivalent, and shall indemnify, protect and hold the other party harmless therefrom.
2.08. RETIREMENT AND PENSION PLANS
Except as hereafter provided, each of the parties does specifically waive, release, renounce and
forever abandon all of their right, title, interest or claim, whatever it may be, in any Pension Plan,
Retirement Plan, IRA Account, Profit Sharing Plan, 401-K Plan, Keogh Plan, Stock Plan, Tax
Deferred Savings Plan, any employee benefit plan and/or other retirement type plans of the other
party, whether acquired through said party's employment or otherwise, identified on Exhibit "A",
and incorporated by reference hereto, ("the Retirement Plans"). Except as hereafter provided,
hereafter the Retirement Plans shall become the sole and separate property of the party in whose
name or through whose employment said plan or account is held or carded. If either p
- 12- ~
withdraws any sums from the Retirement Plans distributed to him or her pursuant to the terms of this
Paragraph, that party shall be solely liable for any and all taxes and penalties resulting from that
withdrawal.
The foregoing notwithstanding Husband's civil service retirement shall be divided between the
parties under and subject to the following terms and conditions:
Division: On and after the date of this Agreement, Husband's gross retirement
benefits shall be divided equally between the parties as such benefits are received,
subject nonetheless to the adjustment for surviw)rship benefits hereafter set forth.
Taxes: Each party will pay his or her share of the taxes associated with his or her
share.
Co
Survivorship Benefits: The survivorship benefits shall be maintained for Wife's
benefit.
Reduction for Survivorship Benefits: Wife's 50% share of the retirement benefits
set forth above will be reduced by the costs of the survivorship benefits estimated at
$305.50 per month so that Wife's share will be calculated as follows:
Description Hypothetical Figures
Gross Monthly Retirement Benefits 3,055.00
X Multiply by .50 0.50
Subtotal 1,527.50
- Subtract Costs of Survivorship (305.50)
Benefits
Total Wife's Share 1,222.00
QDRO: The above distribution will be made 'by a tax free roll over of retirement
benefits pursuant to a QDRO to be prepared by Harry Leister, the costs of which shall
be paid equally by the parties. Pending approval of the QDRO after the final Divorce
Decree has been entered, Husband shall pay Wife her 50% share of the benefits as
adjusted by the costs of the survivorship benefits directly to her.
- 13-
2.09. BANK ACCOUNTS/STOCK/LIFE INSURANCE
The parties acknowledge and agree that they have previously divided to their mutual satisfaction all
of their bank accounts, certificates of deposit, bonds, shares ,of stock, investment plans and life
insurance cash value, identified on Exhibit "A", and incoq>orated by reference hereto, ("the
Accounts"). Hereafter Wife agrees that all the Accounts held irt the name of Husband shall become
the sole and separate property of Husband; and Husband agrees that all the Accounts held in the
name of Wife shall become the sole and separate property of Wife. Each of the parties does
specifically waive, release, renounce and forever abandon whatever right, title, interest or claim, he
or she may have in the Accounts that are to become the sole and separate property of the other
pursuant to the terms hereof.
The foregoing notwithstanding, the parties' joint Financial Network Account #5AD-942402 shall
be divided equally between the parties within fourteen (14) business days of the date of this
Agreement.
2.10. ESCROW ACCOUNT
The parties escrow account having a balance of $376,621.18 as of December 8, 2003, and to be
supplemented by $507.00 for a check recently received from Rowes' Auction Service in the amount
of $507.00 and not yet deposited, bringing the total value of the .escrow account to $377,128.18 shall
be divided and distributed to the parties as follows:
Payment to Wife of the amount of fifty percent (50%) of the escrow account balance,
plus $31,359.13 representing the sum of the amount of $2,000.00 for Wife's interest
in the car show spaces previously transferred to Husband, and the amount of
$29,834.13 being the amount necessary to equalize the division of marital assets in
accordance with the Marital Distribution Schednle attached as Exhibit"A' minus the
amount of $475.00 being the value of the Husband's gun that Wife was unable to
deliver to Husband.
Payment to Husband of the amount of fifty percent (50%) of the escrow account
balance, minus the amount of $31,359.13 representing the sum of the amount of
$2,000.00 for Wife's interest in the car show spaces previously transferred to
Husband, and the amount of $29,834.13 being the amount necessary to equalize the
division of marital assets in accordance with the Marital Distribution Schedule
attached as Exhibit "A" plus the amount of $475.00 being the value of the Husband's
gun that Wife was unable to deliver to Husband.
2.11. TAX PROVISIONS
The parties believe and agree that the division of property made to be made pursuant to the terms
of this Agreement is a non-taxable division of property between co-owners rather than a taxable sale
-14- ~~
or exchange of such property. Each party promises not to take any position with respect to the
adjusted basis of the property assigned to him or her or with respect to any other issue which is
inconsistent with the terms of this Paragraph on his or her applicable federal or state income tax
returns.
END OF SECTION II
-15-
SECTION III
DISTRIBUTION OF DEBTS
3.01. WIFE'S DEBTS
Wife represents and warrants to Husband that since the parties' marital separation she has not
contracted or incurred any debt or liability for which Husband or his estate might be responsible.
Wife further represents and warrants to Husband that she will not contract or incur any debt or
liability after the execution of this Agreement for which Husband or his estate might be responsible.
Wife shall indemnify and save Husband harmless from any and all claims or demands made against
him by reason of debts or obligations incurred by her.
3.02. HUSBAND'S DEBTS
Husband represents and warrants to Wife that since the parties' marital separation he has not
contracted or incurred any debt or liability for which Wife or her estate might be responsible.
Husband further represents and warrants to Wife that he will not contract or incur any debt or
liability after the execution of this Agreement for which Wife or her estate might be responsible.
Husband shall indemnify and save Wife harmless from any and all claims or demands made against
her by reason of debts or obligations incurred by him.
3.03. MARITAL DEBTS
During the course of the marriage, Husband and Wife have incurred certain bills and obligations and
have amassed a variety of debts, identified on Exhibit "A", and incorporated by reference hereto
("the Marital Debts"), and it is hereby agreed, without ascertaining for what purpose and to whose
use each of the Marital Debts were incurred, the parties agree as follows:
General Provision: Any debt herein described slhall be deemed to include the current
balance owed on the debt. Unless otherwise herein specifically provided, there shall
be no adjustment for the payment of any portion of the Marital Debts that a party may
have made prior to the execution of this Marital Agreement, whether or not that debt
is specifically referenced in this Paragraph.
B. Wife's Debts: Wife shall be solely responsible for the following bills and debts:
Wife's Vehicle Loan(s): Any vehicle loan for Wife's Vehicle(s) as provided
in this Agreement;
Real Estate Exuenses: Fifty percent (50%) of any and all expenses associated
with the Real Estate as provided in this Agreement;
-16-
Taxes upon Sale of Real Estate: Fifty percent (50%) of any and all taxes
resulting from the sale of the Real Estate as provided in this Agreement;
Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting
from her withdrawal of funds from Wife's share of Husband's Civil Service
Retirement Plan as provided in this Agreement;
Other Debts: Any and all other debts, liabilities, obligations, loans, credit
card accounts, and the like incurred in Wife's sole name, and not otherwise
provided for herein.
Husband's Debts: Husband shall be solely responsible for the following bills and
debts:
Husband's Vehicle Loan(s): Any vehicle loan for Husband's Vehicle(s) as
provided in this Agreement;.
Real Estate Expenses: Fifty percent (50°,/0) of any and all expenses associated
with the Real Estate as provided in this Agreement;
Taxes upon Sale of Real Estate: Fifty percent (50%) of any and all taxes
resulting from the sale of the Real Estate as provided in this Agreement;
Taxes from Withdrawal of Retirement Funds: Any and all taxes resulting
from his withdrawal of funds from Husband's Retirement Plans as provided in
this Agreement;
Other Debts: Any and all other debts, liabilities, obligations, loans, credit
card accounts, and the like incurred in Husband's sole name, and not otherwise
provided for herein.
Indemnification: Each party agrees to hold the other harmless from any and all
liability which may arise from the aforesaid bills which pursuant to the terms herein
are not the responsibility of the other party.
Et
Cancellation of Joint Debts: Any joint debt shall be canceled so that neither party
can make any further charges thereunder, and if :said charges are made in violation of
this Agreement, then the party incurring said chmge shall immediately repay the same.
Non-Disclosed Liability: Any liability not disclosed in this Agreement shall_bede
-17-
sole responsibility of the party who has incurred or may hereafter incur it, and the
party incurring or having incurred said debt shall pay it as it becomes due and payable.
No Further Joint Debt: From the date of this Agreement, each party shall only use
those credit accounts or incur such further obligations for which that party is
individually and solely liable and the parties shall cooperate in closing any remaining
accounts which provide for joint liability.
3.04. INDEMNIFICATION
Any party assuming an obligation pursuant to the terms of this .Agreement shall indemnify, protect
and hold the other party harmless from and against all any and all liability thereunder, including, but
not limited to, any attorney's fees and costs incurred by the other party as the result of defending
against the obligation and/or enforcing the provisions of this indemnification.
END OF SECTION III
-18-
SECTION IV
COUNSEL FEES, ALIMONY, APL, SPOUSAL
SUPPORT, AND HEALTH INSURANCE
4.01. WAIVER OF COUNSEL FEES
The parties hereto agree and do hereby waive any right and/or claim each may have, both now and
in the future, against the other for counsel fees, costs and expenses.
4.02. ALIMONY, APL AND SPOUSAL SUPPORT
The parties hereto agree and do hereby waive any right and/or claim they may have, both now and
in the future, against the other for alimony, alimony pendente lite, spousal support and maintenance.
As clarification of the foregoing The existing spousal support/APL order in the action docketed to
No. 02-5630 shall terminate as of the date of this Agreement. Any remaining arrears on said Order
shall be paid at the rate determined by Domestic Relations.
4.03. HEALTH INSURANCE
The following shall apply regarding health insurance:
Health Insurance for Spouse: Any party carrying health insurance on the other party
shall continue to provide health insurance coverage on the other party until the date
of the entry of the Divorce Decree. To the extent permitted by law, the party for
whom that health insurance is provided shall be entitled to elect Cobra coverage under
the other party' s employment health insurance policy in accordance with federal Rules
and regulations provided that he or she shall be solely be responsible for the payment
of the costs therefor.
Health Insurance Documentation: Any party having the insurance coverage on the
other party pursuant to the terms of this Section shall be required to provide the other
party with all documentation pertaining to the insurance including, but not limited to,
medical insurance cards, benefit booklets, claim submission forms and all statements
pertaining to the determination of insurance coverage as to each claim made
thereunder.
END OF SECTION IV
- 19-
SECTION V
CLOSING PROVISIONS AND EXECUTION
5.01. COUNTERPARTS
This Agreement may be executed in counterparts, each of which shall be deemed to be an original,
but all of which shall constitute one and the same agreement.
5.02. FACSIMILE SIGNATURE
Each party agrees to accept and be bound by facsimile signatures hereto.
5.03. BINDING EFFECT
BY SIGNING THIS AGREEMENT, EACH PARTY ACKNOWLEDGES HAVING READ AND
UNDERSTOOD THE ENTIRE AGREEMENT, AND EACH ['ARTY ACKNOWLEDGES THAT
THE PROVISIONS OF THIS AGREEMENT SHALL BE AS; BINDING UPON THE PARTIES
AS IF THEY WERE ORDERED BY THE COURT AFTER A FULL HEARING.
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound hereby, have
signed sealed and acknowledged this Agreement the day and year below written, which Agreement
has been executed in various counterparts, each of which shall constitute an original.
WITNESS:
ALLAN W. STACKHOUSE
Date: 17.'3x'"O~
~RETA ~i. sTACKHOUSE
Date: /c9 -:?t9 - 0 ,~
(SEAL)
COMMONWEALTH OF PENNSYLVANIA :
: SS.
COUNTY OF ~ff~./~ ...¢/~?~/~/~:4~'/~/ :
On this the ~/~Ztday of ~, 2003, before me the undersigned officer,
personally appeared, ALLAN W. STACKHOUSE, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that he executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and notarial seal.
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~'~'~J-~
ie,NWEALTH OF PENNSYLVANIA,
SS.
On this the ,2~t9z~ day of ~,~, 2003, before me the undersigned officer,
personally appeared, GRETA M. STACKHOUSE, known to me (or satisfactorily proven) to be the
person whose name is subscribed to the within Agreement, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
NOTARY PUBLIC
-21 -
EXHIBIT "A"
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY [ ] TOHusband . TO Wife
Lot 4-B
85 Biddle Road,
iTEM 1 (REAL ESTATE #1)
Est. Sales
Price
Carlisle, PA
Estimated Costs of
Sale ~7%
Net Equity
125,000.00 to
135,000.00
(8,750.00) to
(9,450.00)
116,250.00 to
125,550.00
Distribute
Equally
Distribute
Equally
Distribute
Equally
MOTOR VEHICLES AND VEHICLE LIENS (I~vENTORY #2)
ITEM 2 (VEHICLE #1)
Wife's 1996 Ford N/A N/A I Distribute to
Windstar I Wife
ITEM 3 (VEHICLE #2
N/A
Husband's 1990 Ford
F-150 Pick Up Truck
ITEM 4 (VEHICLE #3)
N/A I I DistributeHusbandto
1968 Firebird [ N/A ]
Convertible
ITEM 5 (VEHICLE #4)
N/A
1934 Plymouth Coupe
Street Rod
N/A
Distribute to
Wife
Distribute to
Husband
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DATE OF VALUE OF PROPOSED
VALUE ASSET OR DISTRIBUTION
LIABILITY TO Wife
DESCRIPTION OF I
PROPERTY OR
LIABILITY
NET VALUE
PROPOSED
DISTRIBUTION
TO Husband
ITEM 6 (INVESTMENT #1)
Jt. Financial Network
Investment Corp.
Account #5AD-
092402
11.29.02
3,559.95
3,559.95
1,779.98
1,779.98
Comments:
[] NOTE: If either party has removed fimds from this account after 11.29.02, then the abuve proposed
distribution will be modified to retlect that distribution. If no funds have been removed then value will
be adjusted to reflect current value.
ITEM 7 (INVESTMENT #2)
Waypoint Certificate
of Deposit
#1900012662
Waypoint Certificate
of Deposit
#1900012662 Value
Lost based on Transfer
1.03
10.31.02
77,934.41
1,038.33
77,934.41
1,038.33
38,967.21
1,038.33
38,967.21
ITEM 8 (INVESTMENT #3)
Waypoint Certificate 7.31.03 29,341.56 I 29,341.56 29,341.56
of Deposit I
#1900012661 I
cAsai C EC G CCOUN SA .a, S .m GS ,CCOUN S
ITEM 9 (MONETARY ACCOUNT gl)
411.17 411.17
Jt. Vartan NB Account 11.20.03
#0001092105
ITEM 10 (MONETARY ACCOUNT #2)
411.17
Husband's Va~anNB 11.20.02
Account#0001092097
11,571.78
11,571.78
11,571.78
- 23 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
ITEM 11 (MONETARY ACCOUNT #3)
Member's 1s~ Account 11.30.02 324.77 2.24.77 324.77
#11776
Jr. (Husband Primary)
ITEM 12 (MONETARY ACCOUNT #4)
Member's 1st Account 12.18.02 99.00 99.00 99.00
g43906
Jr. (Wife Primary)
ITEM 13 (MONETARY ACCOUNT #5)
Wife's Member's 1~ 11.30.02 4,382.30 4,2,82.30 4,382.30
Account # 167053
ITEM 14 (MONETARY ACCOUNT #6)
Husband's Waypoint 11.5.02 306.21 2.06.21 306.21
Focus 50 Account
#31900015511
ITEM 15 (MONETARY ACCOUNT #7)
Jt. Waypoint Focus 50 11.25.02 211.20 211.20 211.20
Account # 1900010496
ITEM 16 (MONETARY ACCOUNT #8)
Husband's NFCU 11.30.02. 353.63 353.63 353.63
Account #010215
ITEM 17 (MONETARY ACCOUNT #9)
Husband's M&T 12.3.02 430.27 z[30.27 430.27
Account #970379
ITEM 18 (MONETARY ACCOUNT #10)
Wife's Community l 1.28.02 13,038.38 13,038.38 13,038.38
Bank Savings Account
#452093220 &
452093209
- 24 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
ITEM 19 (MONETARY ACCOUNT #11)
Jr. Commerce Bank 11.28.02 0.00 0.00 0.00
Account 0536167190
LIFE INsuRANcE POLICIES ~¥ENTORY #9)
ITEM 20 (INSURANCE #1)
Husband's Prudential 8.7.03 3,280.00 3,280.00 3,280.00
Life Policy #
PENSION AND ~TIRE~NT pLUS (INvE~ORY !9)
ITEM 21 (RETIREMENT #1)
Husband's CSRS Distribute Distribute Distribute Distribute
Retirement Monthly Equally Equally Equally
Monthly Monthly Monthly
ITEM 22 (RETIREMENT #2)
}~oUSEaoLD OOODS; Ftae, asHINos, TOOLs, pEaSOSAL EEEECTS ETC: ar, w~NxoaY
ITEM 23 (PERSONALTY #1)
Rowe'sHUSband'SAuctionItems #1 4.25.03 832.00 ~////// ~///~ ~//~
Husband'SRowe,s Auctionltems #2 5.27.03 6,654.00 ~//~/
Husband's Items 6.6.03 & 4,903.50 ~'/~//~.
Rowe's Auction #3 6.7.03
Husband's Items 6.19.03 731.00 ////~
6.:0.0
Husband'sltemSRowe,s Auction #5 7'17'03 155.00~/~
Husb~d's Items 8.23.03 690.00
Rowe's Auction g6
Husb~d's Items 255.00
Rowe's Auction g7
- 25 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
Total Husband's Items 14,220.50 14,2.20.50 14,220.50
ITEM 24 (PERSONALTY #2)
Rowe'sWife's ItemSAuction #14.25.03 0.O0 ~//~,
Rowe'sWife's ItemSAuction #25.27.03 5,200.00 ~//~
Wife's Items 6.6.03 & 210.00 y//~
Rowe's Auction #3 6.7.03
Wife's Items 6.19.03 35.00 ~//~
Rowe's Auction #4 6.20.03
Rowe'sWife's ItemSAuction #57.17.03 0.00 ~//~~//~
Wife's Items 8.23.03 0.00
Rowe's Auction 85
Total Wife's Items 5,445.00 5,445.00 5,445.00
ITEM 25 (PERSONALTY #3)
Other Personalty N/A N/A Distribute to
Retained by Husband Husband
ITEM 26 (PERSONALTY #4)
Other Personalty N/A N/A Distribute to
Retained by Wife Wife
OTHER AssETS , ESCROW ACCouNT
ITEM 27 (ESCROW ACCOUNT)
Proceeds from sale Of Lot 2, 85 Biddle Road 9.5.03 $256,963.17 ~/~ ~/~ ~/~
Carlisle, PA
#2R°we's Auction #1& &4'25'035.2.03 64,207.00 ~//~
Rowe'sAnction#3 6.6.03&6.7.03 41,462.00 ~~
- 26 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VALUE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
Rowe's^uction 5 7.17.03
Total 377,128A8 377,~28.18 188,564.09 188,564.09
ITEM 28 (C~ SHOW SPACES)
Spring ~d Fail C~ Est. See Notes Se~ Notes See Notes See Notes
Show Spaces
Comment%:
~ NOTE: Husband to pay Wife $2,000.00 l~r her interest in the car show spaces from his share of the
ITEM29 (DEBT gl)
Member's 1" Jr. Acct. 11.19.02 ~300.31) (300.31) (150.16) ~150.16)
34287-5900 0011 7768
ITEM 30 (DEBT g2)
Wa~oint B~kcard 12.3.02 {1,155.93) (1,155.93) (577.97) (577.97)
Acct 34800 1309 7800
1344
TOTALS
Total of Assets and Liabilities [ 5~4,008.65 ~ 311,838.45 [ 252,170.20
PERCENTAGE OF DIVISION
Totals from Above I 564,008.65 311,838.45
252,170.20
Percentage of Total 0.55 0.45
- 27 -
STACKHOUSE V. STACKHOUSE
DISTRIBUTION SCHEDULE OF MARITAL ASSETS AND DEBTS
DESCRIPTION OF DATE OF VALUE OF NET VA£UE PROPOSED PROPOSED
PROPERTY OR VALUE ASSET OR DISTRIBUTION DISTRIBUTION
LIABILITY LIABILITY TO Husband TO Wife
ADJUSTMENT FOR 50/50 DIVISION
Totals from above [ 564,008.65 3! 1,838.45 252,170.20
Amount Due in 50/50 Division 282,004.33 282,004.33
Adjustment Figure for 50/50 (29,834.13) 29,834.13
NOTES AND COMMENTS:
The net marital estate be divided 50% to Husband and 50% to Wife. This results in a payment of
$29,834.13 due Wife. This payment will be made by way of transfer of the amount of $29,834.13 (minus
$475.00 for a gun that was to be husband's property but not deliw~red to him) to Wife from Husband's half
share of the Escrow account listed as Item 27 above.
The proceeds from the sale of the remaining lot will be divided 50% to Wife and 50% to Husband upon
sale.
Husband owes Wife $2,000.00 for her interest in the car show spaces as listed in Item 28 above to be paid
from Husband's share of the escrow account.
Husband's gross retirement benefits listed as Item 21 above will be divided equally between the parties
as received, subject to the adjustment for the costs of survivor's benefits listed below. Each party will
pay his or her share of the taxes associated with his or her share. Verification of survivorship benefits
will have to be determined. If such benefits exist for Wife, they will be maintained for her benefit. If
there is a costs, Wife's 50% share will be reduced by the costs of those benefits so that Wife's share will
be calculated as follows:
Description
Gross Monthly Retirement Benefits
Multiply by .50
Hypothetical Figures
3,055.00
0.50
Subtotal 1,527.50
- Subtract Costs of Survivorship Benefits (305.50)
Total Wife's Share 1,222.00
- 28 -
GRETA M.
ALLAN W.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
STACKHOUSE,
Plaintiff
V.
STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
o
A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on November 20, 2002.
The marriage of Plaintiff and Defendant is irretrievably broken
and ninety (90) days have elapsed from the date of filing and
service of the Complaint.
I consent to the entry of a final Decree in 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.
Dated:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M.
ALLAN W.
STACKHOUSE,
Plaintiff
V.
STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
°
A Complaint in Divorce under Section 3301(c) of the Divorce Code
was filed on November 20, 2002.
The marriage of Plaintiff and Defendant is irretrievably broken
and ninety (90) days have elapsed from the date of filing and
service of the Complaint.
I consent to the entry of a final Decree in 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.
Dated: ~--~-- ~ % ~OO3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M.
ALLAN W.
STACKHOUSE, :
Plaintiff :
V. :
STACKHOUSE, :
Defendant :
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree in divorce without
notice.
I understand that I may lose rights concerning alimony, division
of property, lawyer's fees or expenses if I do not claim them
before a divorce is granted.
I understand that I will not be divorced until
is entered by the Court and that a copy .of the
sent to me it is
immediately after
a divorce decree
decree will be
filed with the Prothonotary.
I verify that the statements made in this Waiver 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.
Dated:
~ . ' AUm~OUSE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M.
ALLAN W.
STACKHOUSE, :
Plaintiff :
V. :
STACKHOUSE, :
Defendant :
NO. (12-5630 CIVIL TERM
CIVIL ACTION LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECRRR UNDER
SECTION 3301(c) OF THE DIVORCE CODE
o
I consent to
notice.
I understand
of property,
the entry of a final decree in divorce without
that I may lose rights concerning alimony, division
lawyer's fees or expenses if I do not claim them
before a divorce is granted.
I understand that I will not be divorced until a divorce decree
is entered by the Court and that a copy of the decree will be
sent to me immediately after it is filed with the Prothonotary.
I verify that the statements made in this Waiver are true and
correct. I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification
to authorities.
Dated:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
PRAECIPE TO WITHDRAW ECONOMIC CLAIMS
TO THE PROTHONOTARY OF THE SAID COURT:
Please withdraw the following marked economic claims heretofore raised by the
Defendant in the above captioned matter:
[ ] divorce
[x] equitable distribution
[x] alimony pendente lite
[x] alimony
[x] counsel fees and costs
Respectfully submitted,
3448 Trinclle Road
Camp Hill, PA 17011
Phone: (7][7) 737-0100
Fax: (717)975-0697
Supreme Court ID # 32112
Attorney tbr Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
GRETA M. STACKHOUSE,
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02-5630 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
PRAECIPE OF TRANSMIT RECORD
TO THE PROTEONOTARY:
Transmit the record, together with the following information, to the court for
entry of a divorce decree:
GROUND FOR DIVORCE:
Irretrievable breakdown under Section 3301(c) of the Divorce Code.
DATE OF FILING AND M. Alqlq~R OF SERVICE OF TEE COMPLAIlqT:
a. Date of Filinq of Complaint: November 21, 2002
b. Manner of Service of Complaint: Defendant's Attorney Accept. of Service
c. Date of Service of Complaint: November 23, 2002
3 o
DATE OF EXECUTION OF THE AFFIDAVIT OF CONSElqT REQUIRED BY SECTION 3301 (C) OF
TEE DIVORCE CODE:
a. Plaintiff: December 23, 2003
b. Defendant: December 31, 2003
O_ER
DATE OF EXECUTION OF THE PLAIlqTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF
TEE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON
THE DEFENDJ%NT:
a. Date of Execution: N/A
b. Date of Filinq: N/A
c. Date of Service: N/A
4 o
RELATED CLAIMS PENDING:
NO issues are pending. Ail issues have been resolved pursuant to the parties'
Marital Agreement dated December 31, 2003, which Agreement is to be
incorporated into but not merged with the Divorce Decree.
5o
DATE AND 14A1FNER OF SERVICE OF TEE NOTICE OF INTENTION TO FILE PRAECIPE TO
TP~ANSMIT RECORD, A COPY OF WHICH IS ATTACHED, IF TEE DECREE IS TO BE ENTERED
OF THE DIVORCE CODE:
I/N-DER SECTION 3301(D) (l) (I)
a. Date of Service: N/A
b. Manner of Service: N/A
DATE WAIVER OF NOTICE
PROTHONOTARY:
a. Plaintiff's Waiver: January 12,
b. Defendant's Waiver: January 12,
0_~R
IN SECTION 3301 (C) DIVORCE WAS FILED WITH TEE
2004
2004
~IANE G.~R~DCLIFP, ESQUIRE
l\Road
?~1, P~ 17011
Supreme ,~t ID # 32112
Phone: (717) 737-0100
IN THE COURT Of COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ,~ PEN NA.
GRETA M. STACKHOUSEr
Plaintiff
ALLAN W. STACKHOUSE,
Defendant
NO. 02:-5630 CIVIL TERM
AND NOW,
DECREED THAT
aND
DECREE IN
DIVORCE
GRETA M. STACKHOUSE
ALLAN W. STACKHOUSE
, 200~ , IT IS ORDERED AND
__~ PLAINTIFF,
, DEFEN DANT~
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED Of RECORD IN THIS ACT]ON FOR WHICH a FINAL ORDER HAS NOT
YET BEEN ENTERED;
No issues are outstanding. Ail issues have been resolved and settled by
the Parties' Marital Agreement dated December 31, 2003, filed of record
and incorporated into, but not ~hls Decree
merged ' ' .
BY
ATTEST~,'
PROTHONOTARY
FEB 2 6 2BB
Greta M. Stackhouse
Plaintiff
VS.
All~n W. Stackhouse
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:
: CML ACTION - LAW
:
: NO. 02-5630
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 DRO Acceptable For Processing under final regulations issued by the
Office of Personnel Management ("OPM").
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 a Marital Agreement dated December 31, 2003.
4. This DRO applies to the Civil Service Retirement System ("Plan") and any successor
thereto. Allan W. Stackhouse ("Participant") is a Participant in the Plan. Greta M. Stackhouse
("Alternate Payee"), the former spouse, is the Alternate Payee for the purposes of this DRO.
5. The Participant's name, mailing address, Social Security number and date of birth are:
are:
Allan W. Stackhouse
1178 York Road
Mechanicsburg, PA 17055
Social Security No.: 128-30-7760
Date of Birth: September 10, 1939
6. The Alternate Payee's name, mailing address, Social Security number and date of birth
DRO
Page 2 of 4
Greta M. Stackhouse
2221 Ionoff Road
Harrisburg, PA 17110
Social Security No.: 081-36-4576
Date of Birth: March 8, 1946
It is the responsibility of the Alternate Payee to keep a current mailing address on file
with the Plan at all times.
7. The Participant is currently receiving a monthly pension under the Plan.
8. The Alternate Payee is entitled to a portion of the Participant's Gross Monthly Annuity
under the Plan as set forth below. The OPM is hereby directed to pay Alternate Payee's share
directly to Alternate Payee.
9. This DRO assigns to Alternate Payee an amount equal to 50.0% of the Participant's
Gross Monthly Annuity. The Participant's Gross Monthly Annuity is the Participant's total
annuity without any deduction for the cost of the former spouse annuity coverage and without any
other deductions that are withheld for any reason. In addition to the above, when COLA's are
applied to Participant's retirement benefits, the same COLA shall apply to the Alternate Payee's
share.
10. Payments to Alternate Payee shall commence as soon as administratively feasible
following the date this DRO is approved by OPM. Participant agrees to arrange or to execute all
forms necessary for the OPM to commence payments to the Alternate Payee in accordance with
the terms of the DRO.
11. Payments shall continue to Alternate Payee for the remainder of the Participant's
lifetime. If the Alternate Payee dies before the Participant, the Alternate Payee's share of the
Participant's pension shall revert to the Participant.
12. The Alternate Payee is awarded the maximum possible former spouse survivor annuity.
The costs associated with providing this former spouse survivor annuity coverage shall be
deducted solely from the Alternate Payee's benefits. Participant agrees to take all necessary steps
DRO ' ,
Page 3 of 4
to elect Alternate Payee as designated beneficiary for the purposes of establishing and sustaining
such former spouse coverage for Alternate Payee.
13. In no event shall the Alternate Payee have greater benefits or rights other than those
which are available to the Participant. The Alternate Payee is not entitled to any benefit not
otherwise provided by the Plan. The Alternate Payee is only entitled to the specific benefits
offered by the Plan as provided in this Order. All other rights, privileges and options offered by
the Plan not granted to Alternate Payee are preserved for the Participant.
14. The Plan shall issue individual tax forms to the Participant and Alternate Payee for
amounts paid to each such person.
15. In the event that the Plan inadvertently pays to the Participant any benefits that are
assigned to the Alternate Payee pursuant to the terms of this DRO, the Participant shall
immediately reimburse the Alternate Payee to the extent that he has received such benefit
payments, and shall forthwith pay such amounts so received directly to the Alternate Payee within
ten (10) days of receipt. In the event the Plan inadvertently pays to the Alternate Payee any
benefits that are not assigned to her pursuant to the terms of this DRO, the Alternate Payee shall
immediately reimburse the Participant to the extent she has received such benefit payments and
shall forthwith pay such amounts so received directly to the Participant within ten (10) days of
receipt.
16. If Participant takes any action that prevents, decreases, or limits the collection by
Alternate Payee of the sums to be paid hereunder, he shall make payments to Alternate Payee
directly in an amount sufficient to neutralize, as to Alternate Payee, the effects of the actions
taken by Participant.
DRO
Page 4 of 4
17. The Court of Common Pleas of Cumberland County, Pennsylvania shall retain
jurisdiction to amend this Order, but only for the purpose of establishing it or maintaining it as a
Domestic Relations Order, provided, however, that no such amendment shall require the Plan to
provide any form of benefit or any option not otherwise provided, by the Plan, and further provide
that no such amendment or right of the Court to so amend will invalidate this Order.
Accepted and Ordered this day of
Judge
CONSENT TO ORDER:
PLAINTIFF/ALTERNATE PAYEE
~i'gnatu;e · '
Date
DEFENDANT/PARTICIPANT
Signature
Date
ATTORNEY FOR PLAINTIFF/
ALTERNATE PAYEE
ATTORNEY FOR DEFENDANT/
PARTICIPANT
Sign4~r;
Date