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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 97-621 CIVIL TERM
: IN DIVORCE
ELLEN E, OWEN,
Plaintiff
DONALD B, OWEN.
Defendant
PETITION FOR SPECIAL RELIEF
AND NOW. comes the Plaintiff, Ellen E. Owen, through her counsel. Robert J,
Mulderig. Esquire and files the Petition for Special Relief and states:
1, Petitioner is the Plaintiff in the above-captioned case,
2, Respondent is the Defendant in the above-captioned case.
3. On March 11. 1997, this Honorable Court entered an Order pursuant to
stipulation which in part stated: "it is further ordered pursuant to the Stipulation that
Donald B, Owen, is enjoined from withdrawing any contributions from his Public School
Employee's Retirement System, his IRA, his KEOUGH, or any other retirement or
pension accounts without further order of the Court or written consent of both parties,"
A copy of the said Order is attached hereto and incorporated herein as Exhibit "A".
4. On Tuesday, October 19, 1999, Petitioner and Respondent entered into a
Comprehensive Settlement Agreement for the outstanding economic issues in the
above-captioned divorce. Under the terms of said Agreement, the KEOUGH plan and
the IRA were transferred to the Petitioner. The Public School Employee's Retirement
System plan remains the property of the Respondent. A copy of the Agreement is
attached hereto and incorporated herein as Exhibit "B",
5, To effectuate the terms of this Marital Settlement Agreement, it is
necessary to lift the injunction contained in the Order of March 11, 1997,
the occurrence of anyone of the following three conditions:
a) The mortgage is satisfied because it is
totally paid off;
b) The home is transferred, granted, or
otherwise sold by wife;
c) The death of the wife, and then the home
would go to the estate as she determines to be appropriate.
4, Husband agrees to pay the sum of $3,500.00 to wife
for wife's use as attorney fees. The aforementioned
$3,500.00 check shall be made payable to Robert J. Mulderig,
counsel for Ellen E. Owen,
5. Husband agrees that he will maintain a life
insurance policy on his life that is currently through
Massachusetts Mutual in the amount of $58,000.00 and name as
irrevocable beneficiaries the wife and two sons irrevocable
until such time that any of the conditions regarding the pay
off of the mortgage are met.
6. The note that has been executed by the parties'
son Erik shall be cancelled and otherwise to be determined
to be satisfied and paid in full.
7. Husband shall cause to transfer a KEOUGH plan and
an IRA to wife. Wife agrees to designate the appropriate
account into which each of the two may be rolled.
8. The parties agree that the Marysville Bank stock
shall become the sole and separate property of wife.
9. The BMW that is currently titled in both names
shall be transferred to their son John.
10. The personal property that is currently in the
possession of each party shall remain the sole and separate
property of the person that apparently has possession of
that personal property. Each party agrees to execute
whatever documents and/or titles are necessary in order to
be able to effectuate transfer of the personal property.
Each party waives, relinquishes, and discharges any and all
right, title, and interest that they may have in the
personal property currently in the possession of the other.
11. Wife's claim for counsel fees, alimony, alimony
pendente lite, and spousal support are fully satisfied in
consideration of the aforementioned provisions.
THE MASTEH: You will accept this?
MS. OWEN: Yes.
MH, WAGNEH: Don, were you present when we
dictated this agreement?
MH. OWEN: Yes, sir.
MH, WAGNEH: And at the present time are you
clear and understanding everything that is going on, nothing
influencing you othecwise,
MH. OWEN: I'm clear.
MR. WAGNEH: Having heard what I said, is
this your agreement?
MR. OWEN: Yes.
MR. WAGNER: Do you intend to be bound by
this agreement?
MR. OWEN: Absolutely,
MR. WAGNER: Do you want this entered as your
ag reemen t?
MR. OWEN: Yes, I do.
ThE ~~STEH: And you joth understand, Ms.
Owen and Mr. Owen, that when you leave this room you are
bound by the terms of this agreement even there are no
signatures affixed?
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ELLEN E, OWEN,
Plaintiff
; IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 97-621 CIVIL TERM
: IN DIVORCE
v,
DONALD B, OWEN,
Defendant
QUALlI:IED DOMESTIC RELATIONS ORDER
The parties have reached an agreement as to the division of a certain Profit
Sharing Keogh Plan in which Donald B, Owen is a participant:
It is hereby ordered, adjudged and decreed that a division and disposition of the
retirement benefit plans identified below shall be and is made according to the
provisions of the Domestic Relations Law of the Commonwealth of Pennsylvania and of
~401(a)(13) and ~414(p) of the Internal Revenue Code of 1996 as amended
(hereinafter referred to as the "Code"), relating to Qualified Domestic Relations Orders
as follows:
1, The Court finds and concludes that Donald B, Owen (hereinafter referred
to as the "Participant") is a Participant and has an interest in a Keogh account with
Harris Savings Bank, Retirement Identification Number: 400041300 (hereinafter referred
to as the "Plan").
2, Ellen E, Owen (hereinafter referred to as the "Alternate Payee") is a
former spouse of Participant and is hereby designated as an Alternate Payee of
Participant's interest in an account under the Plan pursuant to 9401(a)(13) and ~414(p)
of the Code, and to the extent provided in this Qualified Domestic Relations Order.
3, It is hereby ordered that the Alternate Payee shall have and receive. and
the plan administrator and/or trustee of the Plan are directed to pay to the Alternate
Payee the Participant's entire account under the Plan promptly at the execution and
entry of this Qualified Domestic Relations Order, If directed by the Alternate Payee, the
plan administrator and/or trustee of the Plan are hereby authorized and directed to pay
the Single Sum Payment to the Alternate Payee's Individual Retirement Account or
I account under an employer's qualified plan as applicable,
II
II
4. In event of the Participant's death prior to the Alternate Payee's receipt of
the Single Sum Payment pursuant to paragraph 3 above, the Alternate Payee shall be
treated, in accordance with 9414(p)(5) of the Code as the surviving spouse of the
Participant for the purposes of and under the Plan with regard only to the unpaid
amount, if any, of the Single Sum Payment.
5, The name and last known mailing address of the Participant is as follows:
Donald B, Owen, P,O, Box 611, New Kingston, PA 17072, The Participant's Social
Security Number is 183-46-8606,
6. The name and last known mailing address of the Alternate Payee is as
follows: Ellen E, Owen, 402 Centerville Road, Newville, PA 17241, The Alternate
Payee's Social Security Number is 194-44-9892,
7, The Plan to which this Qualified Domestic Relations Order relates is the
Keogh account with Harris Savings Bank, Retirement Identification Number:
400041300.
8. Nothing in this Order shall be construed to require the Plan to provide any
type or form of benefit, or any option, not otherwise provided under the Plan or to
provide benefits to the Alternate Payee in an amount that exceeds the amount of
benefits the Plan would be required to pay with respect to the Participant as the Order
did not apply, Except for the interest awarded herein to the Alternate Payee as an
Alternate Payee, this Qualified Domestic Relations Order shall have no affect on the
Participant's remaining interest in an account under the Plan or his/her future interest in
the account under the Plan. The Alternate Payee shall not be entitled to the
Participant's interest in the Plan that is already required to be paid to another Alternate
Payee under another Domestic Relations Order previously determined to be a Qualified
Domestic Relations Order; however. the Participant has presented that no such
previous Qualified Domestic Relations Order exists.
9. The Alternate Payee shall notify in writing the plan administrator and/or
trustee of the Plan of any changes in his/her mailing address,
I
II
10, It is the intention of the Alternate Payee and the Participant that this Order
shall qualify as a Domestic Relations Order within the meaning of ~414(p) of the Code
and ~206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as
amended (hereinafter referred to as "ERISA"), and that whenever the provisions hereof
are inconsistent with the definition of a Qualified Domestic Relations Order as may be
contains from time to time in the Code or ERISA, this Order shall be amended from time
to time, as may be necessary, to comply with the requirements for Qualified Domestic
Relations Orders under the Code and ERISA or regulations promulgated thereunder
ar,d to cause this Order to be accepted as a Qualified Domestic Relations Order by the
plan administrator of the Plan, The court retains jurisdiction to amend this Order to so
comply,
11, It is hereby ordered that a true copy of this Qualified Domestic Relations
Order be served upon the plan administrator and trustee of the Plan of this Qualified
Domestic Relations Order shall be binding on the plan administrator and the trustee
according to the laws of the Commonwealth of Pennsylvania, the Code and ERISA.
The Participant and the Alternate Payee are ordered to comply with the terms and spirit
of the Qualified Domestic Relations Order,
12, The Court further retains jurisdiction to supervise implementation of this
Qualified Domestic Relations Order and those provisions of the parties' decree in
divorce regarding division and disposition of the Participant's interest in an account
under the Plan and to enter such orders hereafter as may be required to implement fully
this Order and any subsequent orders of the Court regarding the Plan,
So ordered this Ill.- day of ~ .1999,
l I
B. Y THE COU.R{T., '
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF
ss.
On this J3r1 day of November. 1999. before me, the undersigned officer,
personally appeared E, ROBERT ELICKER, II, ESQUIRE. known to me or satisfactorily
proven to be the person whose name is subscribed to the foregoing Affidavit. and
acknowledged that he executed the instrument for the purposes contained in it.
IN WITNESS WHEREOF, I hereto set my hand and official seal.
NOTARIAL SEAL
ISTEN ANN CUPPINGER, Notary Pub\'
Carllale BolO, cumbertand County, PA
M Commission Ex 'res Nov, 13,2000
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~1iU.~
ss,
On this02ll day of November, 1999, before me, the undersigned officer,
personally appeared P. RICHARD WAGNER, ESQUIRE, known to me or satisfactorily
proven to be the person whose name is subscribed to the foregoing Affidavit, and
acknowledged that he executed the instrument for the purposes contained in it.
...'
IN WITNESS WHEREOF, I hereto set my hand and official seal.
Notary Public
NOTARIAL SEAL
PATR,ICIA A SHATTO. :~olary Public
Carlisle Boro, Cumberland County
My CommisSion F,pires Oe<;ember 17. 2001
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placed on the record in the presence of the parties. The
.
agreement as stated on the record will be considered the
substantive agreement of the parties, not subject to any
changes or modifications except for correction of
typographical errors which may be made during the
transcription. Consequently, when the parties leave the
After the statement of the agreement and the
hearing room today, they will be bound by the terms of the
agreement 65 stated ~n the re~ord even though there are no
signatures affixed to the agreement affirming the settlement
as stated.
approval of the document by counsel and parties and after
correct~on of typogr~phical errors, the Master will prepare
an order vacating his appointment and counsel will then be
able to file a praecipe transmitting the record to the Court
requesting that the Court enter a final decree in divorce.
Mr. Wagner.
MR. WAGNER: The parties agree as follows:
1. The marital residence at 105 Mountain View Drive,
Enola, Cumberland County, Pennsylvania, shall be transferred
to wife. Husband agrees to relinquish, release, and
discharge any and all right, title, and interest in said
property.
2. The current mortgage on the property at 105
Mountain View Drive, Enola, Cumberland County, Pennsylvania,
shall be the sole and exclusive responsibility of husband,
Husband agrees that he shall make timely mortgage payments
to payoff the mortgage on said property.
3. The obligation to pay the mortgage shall cease at
the occurrence of anyone of the following three conditions:
a) The mortgage is satisfied because it is
totally paid off;
b) The home is transferred, granted, or
otherwise sold by wife;
cl The death of the wife, and then the home
would go to the estate as she determines to be appropriate.
4, Husband agrees to pay the sum of $3,500.00 to wife
for wife's use as attorney fees. The aforementioned
$3,500.00 check shall be made payable to Robert J. Mulderig,
counsel for Ellen E. Owen.
5. Husband agrees that he will maintain a life
insurance policy on his life that is currently through
Massachusetts Mutual in the amount of $58,000.00 and name as
irrevocable beneficiaries the wife and two sons irrevocable
until such time that any of the conditions regarding the pay
off of the mortgage are met.
6. The note that has been executed by the parties'
son Erik shall be cancelled and otherwise to be determined
to be satisfied and paid in full.
7. Husband shall cause to transfer a KEOUGH plan and
an IRA to wife. Wife agrees to designate the appropriate
account into which each of the two may be rolled.
8. The parties agree that the Marysville Bank stock
shall become the sole and separate property of wife.
9. The BMW that is currently titled in both names
shall be transferred to their son John.
10. The personal property that is currently in the
possession of each party shall remain the sole and separate
property of the person that apparently has possession of
that personal property. Each party agrees to execute
whatever documents and/or titles are necessary in order to
be able to effectuate transfer of the personal property.
Each party waives, relinquishes, and discharges any and all
right, title, and interest that they may have in the
personal property currently in the possession of the other.
11. Wife's claim for counsel fees, alimony, alimony
pendente lite, and spousal support are fully satisfied in
consideration of the aforementioned provisions.
THE MASTER:
MS, OWEN:
MR. WAGNER:
You will accept this?
Yes,
Don, were you present when we
dictated this agreement?
MR. OWEN: Yes, sir.
MR. WAGNER: And at the present time are you
clear and understanding everything that is going on, nothing
influencing you cthecwise?
MR, OWEN: I'm clear,
MR. WAGNER: Having heard what I said, is
this your agreement?
MR. OWEN: Yes.
MR. WAGNER: Do you intend to be bound by
this agreement?
MR. OWEN: Absolutely.
MR. WAGNER: Do you want this entered as your
agreement?
MR. OWEN: Yes, I do.
THE I-lASTER: And you :,oth understand, Ms.
Owen and Mr. Owen, that when you leave this room you are
bound by the terms of this agreement even there are no
signatures affixed?
placed on the record in the presence of the parties. The
agreement as stated on the record will be considered the
substantive agreement of the parties, not subject to any
changes or modifications except for correction of
typographical errors which may be made during the
transcription. Consequently, when the parties leave the
hearing room today, they will be bound by the terms of the
agreement as stated on the record even though there are no
signatures affixed to the agreement affirming the settlement
as stated.
After the statement of the agreement and the
approval of the document by counsel and parties and after
correction of typographical errors, the Master will prepare
an order vacating his appointment and counsel will then be
able to file a praecipe transmitting the record to the Court
requesting that the Court enter a final decree in divorce.
Mr. Wagner.
MR. WAGNER: The parties agree as follows:
1. The marital residence at 105 Mountain View Drive,
Enola, Cumberland County, Pennsylvania, shall be transferred
to wife. Husband agrees to relinquish, release, and
discharge any and all right, title, and interest in said
property.
2. The current mortgage on the property at 105
Mountain View Drive, Enola, Cumberland County, Pennsylvania,
shall be the sole and exclusive responsibility of husband.
Husband agrees that he shall make timely mortgage payments
to payoff the mortgage on said property.
3. The obligation to pay the mortgage shall cease at
the occurrence of anyone of the following three conditions:
a) The mortgage is satisfied because it is
totally paid off;
bl The home is transferred, granted, or
otherwise sold by wife;
c) 1~e death of the wife, and then the home
would go to the estate as she determines to be appropriate.
4. Husband agrees to pay the sum of $3,500,00 to wife
for wife's use as attorney fees. The aforementioned
$3,500.00 check shall be made payable to Robert J. Mulderig,
counsel for Ellen E. Owen.
5. Husband agrees that he will maintain a life
insurance policy on his life that is currently through
Massachusetts Mutual in the amount of $58,000.00 and name as
irrevocable beneficiaries the wife and two sons irrevocable
until such time that any of the conditions regarding the pay
off of the mortgage are met.
6. The note that has been executed by the parties'
son Erik shall be cancelled and otherwise to be determined
to be satisfied and paid in full.
7. Husband shall cause to transfer a KEOUGH plan and
an IRA to wife. Wife agrees to designate the appropriate
account into which each of the two may be rolled.
8. The parties agree that the Marysville Bank stock
shall become the sole and separate property of wife.
9. The BMW that is currently titled in both names
shall be transferred to their son John.
10. The personal property that is currently in the
possession of each party shall remain the sole and separate
property of the person that apparently has possession of
that personal property. Each party agrees to execute
whatever documents and/or titles are necessary in order to
be able to effectuate transfer of the personal property.
Each party waives, relinquishes, and discharges any and all
right, title, and interest that they may have in the
personal property currently :n the possession of the other.
11. Wife's claim for counsel fees, alimony, alimony
pendente lite, and spousal support are fully satisfied in
consideration of the aforementioned provisions.
THE MASTER: You will accept this?
MS. OWEN: Yes.
MR. WAGNER: Don, were you present when we
dictated this agreement?
MR. OWEN: Yes, sir.
MR. WAGNER: And at the present time are you
clear and understanding everything that is going on, nothing
influencing you otherwise?
MR. OWEN: I'm clear.
MR. WAGNER: Having heard what I said, is
this your agreement?
MR. OWEN: Yes.
MR. WAGNER: Do you intend to be bound by
this agreement?
MR. OWEN: Absolutely.
MR. WAGNER: Do you want this entered as your
agreement?
MR. OWEN: Yes, I do.
THE MASTER: And you both understand, Ms.
Owen and Mr. Owen, that when you leave this room you are
bound by the terms of this agreement even there are no
signatures affixed?
MR. OWEN: Yes.
t
r.
THE MASTER: Do you understand that, Ms.
Owen?
MS. OWEN: Yes.
I acknowledge that I have read the above
stipulation and agreement, that I understand the terms of
settlement as set forth herein, and that by signing below I
ratify and affirm the agreement previously made and intend
to binj myself to the settlement ~s a contract obligating
myself to the terms of settlement and subjecting myself to
the methods and procedures of enforcement which may be
imposed by law and in particular Section 3105 of the
Domestic Relations Code.
WITNESS:
DATE: l,A2.c.l~
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;Jii95
Ellen E. Owen
P.
Atto
ar Wagner
for Defendant
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ELLEN E. OWEN,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
DONALD B. OWEN,
Defendant
CIVIL ACTION
NO. (j",. u.,~ I
IN DivORCE
('fc"tlt L
NOT ICE
T 0
D E FEN D
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 the divorce
irretrievable breakdown of the marriage, you
counseling. A list of marriage counselors
Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
is indignities or
may request marriage
is available in the
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT
IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF ~HEM.
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.
Court Administrator
Cumberland County Court House
Fourth Floor
1 Courthouse Square
Carlisle, PA 17013-3387
(717) 240-6200
15. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an affidavit
consenting to a divorce. Plaintiff believes that Defendant may
also file such an affidavit.
16. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if both parties file affidavits to a divorce after
ninety (90) days have elapsed from the filing of this Complaint,
Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code.
COUNT III
Request for Divorce Due to Irretrievable Breakdown
Under 3301(d) of the Divorce Code
17. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
18. The marriage of the parties is irretrievably broken.
19. After a period of two (2) years has elapsed from the date of
separation, Plaintiff intends to file her affidavit of having
lived separate and apart.
20. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if two (2) years have elapsed from the date of
separation and Plaintiff has filed her affidavit, Plaintiff
respectfully requests the Court to enter a Decree of Divorce,
pursuant to 3301(d) of the Divorce Code.
COUNT IV
Request for Equitable Distribution of
Marital property Under 3104 and 3502(a) of the Divorce Code
21. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
22. Plaintiff and Defendant have acquired property, both real and
personal during their marriage from the date of said marriage
until the date of their separation.
23. Plaintiff and Defendant have been unable to agree as to an
equitable distribution of said property.
WHEREFORE, Plaintiff respectfully requests the Court to
equitably distribute the marital property of the parties, pursuant
to 3104 and 3502(a) of the Divorce Code.
COUNT V
Request for Alimony Pendente Lite
and Alimony under 3104, 3701, 3702 and 3704 of the Divorce Code
24. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
25. Plaintiff is unable to sustain herself during the course of
litigation.
26. Plaintiff lacks sufficient property to
reasonable needs and is unable to sustain
appropriate employment.
provide for her
herself through
27.
Lite
Defendant has the means and
and Alimony to Defendant.
ability to pay Alimony Pendente
WHEREFORE, Plaintiff requests the Court to enter an award of
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97.621 CIVIL TERM
: IN DIVORCE
ELLEN E. OWEN,
Plaintiff,
DONALD B. OWEN,
Defendant
NOTICE OF SERVICE OF PLAINTIFF'S FIRST SET
OF INTERROGATORIES TO DEFENDANT
TO THE PROTHONOTARY:
Please be advised that on the 2nd day of April, 1998, an original and two
copies of the Interrogatories of Plaintiff, Ellen Owen, were served upon counsel for
Defendant:
P. Richard Wagner, Esquire
Mancke, Wagner, Hershey & Tully
2233 North Front Street
Harrisburg, PA 17110
by first class mail to the above address,
Raspectfully submitted,
TURO LAW OFFICES
1. ~(J( ,'{ 98
Date
M9tf McCI~,^-
Matt McClenahen, Esquire
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
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15. On or about March of 1996, the Defendant/Respondent closed
all jointly owned accounts and has removed
Plaintiff/Petitioner's ability to access any funds for any
purposes.
16. The Plaintiff/Petitioner, Ellen. E. Owen, has been unemployed
and has presently gained part-time employment at Readings and
Greetings, a card shop, earning $5.25 per hour.
17. The Plaintiff/Petitioner is not presently capable of gainful
employment because of the psychological stress caused to her
as a result of husband's wrongful separation from her, and
Plaintiff/Petitioner has suffered a stroke since husband's
wrongful separation.
18. Since separation, Plaintiff/Petitioner has begun to see
triple images as a result of an incident the
Plaintiff/Petitioner's physicians initially thought was a
possible stroke.
19. Plaintiff/Petitioner's physicians have not been able to
determine whether or not the incident suffered by
Plaintiff/Petitioner since separation was a stroke or not,
despite numerous medical tests.
20. The Plaintiff/Petitioner is under psychological and medical
care.
21. Plaintiff/Petitioner
medication.
is currently on blood pressure
22.
Plaintiff/Petitioner's
Plaintiff/Petitioner to
psychologist has directed
begin taking anti-depressants.
23. The plaintiff/petitioner cries almost daily as a result of
the separation of husband from her.
24. The date of separation of the parties was June 22, 1996.
25. Since separation, Defendant/Respondent has paid household
bills and marital obligations, but in order for the
plaintiff/Petitioner to find out if bills are paid and when
she needs to seek money from him to pay additional bills for
the upkeep of the house, her maintenance, and/or groceries,
etc., and Plaintiff/Petitioner finds this demeaning.
26. Only recently the Defendant/Respondent removed his practice
of law from the marital residence.
27. Since separation, the Plaintiff/Petitioner has had to close
and withdraw the sum total from her IRA in the amount of
$7,100.00 in order to pay $2,500.00 to the First National
Bank of Marysville, which was due and owing on August 3,
1996, leaving her $4,382.00 to live on.
28. The Plaintiff/Petitioner has used some of those funds to buy
clothes and pay other expenses for the parties' college age
child, pay other expenses, and to pay some amounts on account
of counsel fees that are anticipated to be incurred.
29. The Plaintiff/Petitioner has less than $2,000.00 to her
credit, which will not be sufficient to maintain her, nor
cover the cost of appraisal and counsel tees.
30. The Defendant/Respondent has told Plaintiff/Petitioner that
if she files for spousal support, he will pay none of the
bills at the marital residence.
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31. On May 8, 1996, the parties refinanced the marital residence. ~
The monthly mortgage payment is $949.62 per month for ten
years.
32. In March or April 1996, when Defendant/Respondent seized the
marital accounts, he took at least $7,600.00 that was in a
joint account at Harris Savings Bank, which was marital
property.
33. The Defendant/Respondent continues to be verbally abusive to
Plaintiff/Petitioner since separation.
34. The Plaintiff/Petitioner requires ongoing psychological care
and counseling which Defendant/Respondent has agreed to pay
for at this time.
35. The Plaintiff/Petitioner has assisted the
Defendant/Respondent in his practice of law as his legal
secretary for at least the past 20 years, leaving gainful
employment with the U. S. Government at Defendant/Respondent' s
request, and has some familiarity with fees charged by
attorneys.
36. The Plaintiff/Petitioner anticipates that based upon her
husband's attitude, his demeanor, and statements made to her
by him, that she will incur attorney's fees well in excess of
$5,000.00.
37. While assisting in Defendant/Respondent's practice of law,
Defendant/Respondent agreed to pay Plaintiff/Petitioner for
legal secretarial work performed in the amount of $200.00 per
week beginning April 17, 1996 until June 22, 1996.
Defendant/Respondent owes Plaintiff/Petitioner $1,800.00 for
the work performed from June 22, 1996 until August 15, 1996
and now refuses to acknowledge that debt and his agreement.
Plaintiff/Petitioner has no separate assets of her own which r
she can convert to cash to pay her necessary expenses.
38. The Plaintiff/Petitioner has not filed for spousal support
because based upon Defendant/Respondent's statements to her,
the support matter will be protracted and it would be many
months until she receives support through the Domestic
Relations Office.
39. Defendant/Respondent also advised his mother on April 22,
1996, to remove Plaintiff/Petitioner's name from certificates
of Deposit and close accounts held in various Long Island
banks.
WHEREFORE, the
requests the Court to:
Plaintiff/Petitioner
respectfully
1. Freeze all of Defendant/Respondent's retirement benefits wi th
the Public School Employees' Retirement System of
Pennsylvania, his IRA at the First National Bank of
Marysville, and his Keogh accounts at Harris savings until
further Order of this Court;
2. Award Plaintiff/Petitioner interim costs and expenses in the
amount of $3,000.00, and direct husband to deposit those
funds with Plaintiff/Petitioner's counsel in an escrow
account for purposes of appraisals;
,
'-
ELLEN E. OWEN,
plaintiff,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 97-621 CIVIL
CIVIL ACTION - LAW
DONALD B. OWEN,
IN DIVORCE
Defendant.
ORDBR
AND NOW, this J 7 (l"day of
~
, 1999,
upon request of counsel for the Defendant, DONALD B. OWEN, the
hearing
for the
scheduled for July 7, 1999, at 9:30 a.m. is rescheduled
.i (; "'day of cgttltr' 1999, at 9:.3 <:)
~m. in Courtroom No. 3 of the Cumberland county
o'clock
Courthouse, Carlisle, Pennsylvania.
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PBTITION FOR SPECIAL RELIEF
AND NOW, comes the Petitioner, DONALD B. OWEN, by and
through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files
the following Petition for Special Relief:
1. Your Petitioner, DONALD B. OWEN, is the Defendant
in the above-captioned matter, and is also the Obligor at DR 25-
752 in the Domestic Relations Court of the Court of Common Pleas
of Cumberland County.
2. The Respondent, ELLEN E. OWEN, is the Plaintiff in
the above-captioned matter, and io the Obligee in the
aforementioned Domestic Relations action.
3. The Petitioner herein pays unto his wife in the
form of spousal support and/or alimony pendente lite the sum of
$866.00 every two weeks.
4. The Petitioner believes and therefore avers that
the Respondent resides in the marital home of the parties situate
at 105 Mountain View Drive, Enola, Cumberland County,
Pennsylvania.
5. The Respondent has undertaken a course of conduct
that is jeopardizing the status of one of the primary marital
assets, i.e., the marital home, in that she has not been paying
the mortgage, has not been paying the taxes and insurance on the
home, and has caused significant balances to be accumulated
jeopardizing the integrity of the equity of the asset.
6. The Petitioner herein believes and therefore avers
that in order to preserve the equity in one of the primary
marital assets, i.e., the marital home, Petitioner be permitted
to reduce the spousal support/APL monthly payment in a dollar for
dollar reduction and pay directly the taxes and mortgage on the
property to preserve the equity in the home.
7. Petitioner believes and therefore avers that the
Respondent, while receiving spousal support and/or APL has not
been and will not make timely payments on the mortgage, the taxes
and insurance, thus, jeopardizing the equity in the marital home
and potentially causing the same to be lost through foreclosure.
8. Petitioner believes and therefore avers that the
relief in the form of a reduction in the amount of payment by
Petitioner to Respondent in an amount equal to the mortgage,
taxes and insurance be permitted and that the obligation for the
mortgage, taxes and insurance be then given to the Petitioner
herein.
04/19/1999 21:31
71795717069400
DOIIALD B IJloOI
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DCltIALO I. OWIN,
PLAINTIFF
IN THI COURT OF OOHMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
97-1356 CIVIL
V.
ClIARGES: IIIJDIRI!:CT CRIMINAL
CONTBKPT
ELLEN E. OWEN,
DEFENDANT
AFFIANT: CPL. CHARLES HALL
~ ~ ORDER OF COURT
AND NOW, this ~ day of June, 1990, upon consideration of
the Com.onweelth's Motion to Modify Sentence,
IT IS HEREBY ORDERED I~D DIRECTED that the Protection fro~
Abuse order b. extended for n period of one year. There ehall be
no contact between the PlaIntiff and the Defendant directly or
indirectly, in person or through third parties, except for the
purpose of any mediation 8esoions set up by Riegler Shienvold
and ASGOciateG in lIarrisburg,
oy the Court,
William 1. Gabig, Esquire
Senior Assistant District Attorney
Matthew H. Mcclenahen, Eoquire
Private Counsel for Defendant
prObation OffIce
Victim Witness
Cpi. Charles lIall
:aeh
ELLEN E. OWEN,
Plaintiff/Respondent
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
V.
97-621 CIVIL
DONALD B. OWEN,
Defendant/Petitioner
!N DIVORCE
IN RE: PETITION FOR SPECIAL RELIEF
ORDER OF COURT
AND NOW, this 23rd day of August, 1999, 1:55 p.m., upon
representation of the respondent that the mortgage is current and
that the taxes are or will be paid by August 31, 1999, the May 24,
1999, petition is hereby dismissed.
P. Richard Wagner, Esquire
For the petitioner
-c.of.........
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Ellen E. Owen, Respondent
105 Mountainview Drive
Enola, Pa. 17025
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or KEOGH account maintained by or on behalf of Respondent, DONALD
B. OWEN, without further written consent of the parties or
further Order of court.
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P. Richard Wagner, Esq.
counsel for Respondent
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Mary E) D j},nger, E;;[. /
counsel for petitioner I
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ELLEN E. OWEN, . IN THE COURT OF COMMON PLEAS
.
. CUMBERLAND COUNTY, PENNSYLVANIA
.
Plaintitt, .
.
.
.
v. NO. 97-621 CIVIL
. CIVIL ACTION - LAW
.
DONALD B. OWEN, .
.
IN DIVORCE
Defendant, .
.
PBTITIO. rOR SPBCIAL RBLIBr
AND NOW, comes the Petitioner, DONALD B. OWEN, by and
through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files
the tollowing Petition for Special Relief:
1. Your Petitioner, DONALD B. OWEN, is the Defendant
in the above-captioned matter.
2. The Respondent, ELLEN E. OWEN, is the Plaintiff in
the above-captioned matter.
3. The Respondent resides in the marital home at 105
Mountain View Drive, Enola, Cumberland County, Pennsylvania.
4. Your Petitioner herein pays spousal support through
the Domestic Relations Office in CUmberland County.
5. The Pennsylvania Rules ot Civil Procedure, as they
relate to support, provide that the guidelines are set forth in
such a way that it is presumed that the party occupying the
marital home shall be solely responsible tor the mortgage, taxes
and insurance on said home.
6. The petitioner herein pays in excess of $1,600.00
per month in spousal support.
7. The current mortgage on the property is
approximately $950.00 per month.
8. Despite receiving spousal support, and despite the
provisions of the Rules of civil Procedure as it relates to
support, the Respondent herein has not paid the mortgage on the
marital home since December of 1997.
9. Petitioner has been advised by the bank and has
received notice of a mortgage foreclosure.
10. The marital residence constitutes a major asset of
the parties.
11. petitioner believes and therefore avers that the
failure of the Respondent to pay the mortgage jeopardizes the
integrity of a major marital asset.
12. Petitioner believes and therefore avers that the
Petitioner can cure the default by making payments directly to
the bank in the amount of the mortgage, however, to do so, he
must reduce that amount from his support obligation.
13. Petitioner therefore requests the court to grant
his emergency relief in the form of reducing the spousal support
order equivalent to the amount of the mortgage and thereby
directing the Petitioner herein to make the mortgage payment to
preserve the marital asset.
vnnICATIOH
I verify that the statements made in the foregoing
document 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.
c- ~c,,1~6.()
DATE: s/a,!qr
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Court issue by DefL'lldanl, Donald (I, OWL'll, on 93% Court Order for paymenlof
outstandiog bills doling bock os far os 1997 .wilh me bill appealed at final level for
$5,2001. $64,llO bill from I 'Ill?, $32t hillli'om 11/98,115 well os prL'SI.Tiplion bills, etc,-
even at the ofrL'tJueslof I'lailltil1's psychologisl in 1998, I'elili"ler dL'c1ined 10 mllke
soch 0 move,
(I, 1'lainliffindicatL'Illo previoos coullsel, when lold I'elitimer would be
handling I'laillliO's case, thall'lainlifffell uncomfortable wilh I'L1ilioncr's demeanor,
personality and felllhal he was nol very clllomonicalive, In foci, I'lainliff found his
demeanor to be a condescending apprOllch and what Sl.'CIOed 10 Plaintiff to be an
unwillingness and what appeared 10 be 0 "cui and dried" approach withoul input,
Plainliffwas still willing to give I'etilioner 0 try bUI still fell very uncomfortable with
Petilioner represenling her,
C. The first time PlaintiffmL1 with Petitioner was on September 4~ and that
was at the Plaintilf's requesl, 'l11e Pre-Trial Master's llearing was scheduled for
October 2d, As slllled, Plaintiff hod requested her psychologist be
in attendance 01 that mL'Cting because she fell uncomfortable with Petitioner and with
the hope the psychologisl could convince Petitioner to put pressure on Defendant
in paying cost of 93% of medical bills, including any prescriptions which would cost
$3000 monlh,
D, Plainliffagain realized aner receiving a copy of the memorandum of
the Pre-Trial Master's Hearing thallhe Pelilioner was unprepared to rebut misstated facts
and Pctitioner actually misstated facts at the hearing, Another sign of disinlerest in
the case and unpreparedness,
E, Previous counsel advised Plaintifflhat indignities was no longer going
to be pursued, because Mr, Elicker. the Mosler's, indicaled that the time for indignities
had past and that this was a formality of equilable distribulion/alimony. Unfortunately.
o hearing was scheduled for marilal misconduct and misuse ofmarilal funds instead
When Plaintiff asked althe SL'Ptember 4 hearing why all of sudden marital misconduct
Date 8/4/99
T.tmeJ:2156 pm
Turo Law Offices
Detail Slip Listing
Page 16
For time: s-spent u-unbillable e-estimated v-variance
Date / Start Time
Reference
DescriDtion SliD"
".....
. . . . . . . . . . . . . . . . . . . . . . . . . 7753
10/2/98
Pre-Hearing Conference
Attorney
Client
Activitv
Rate
Level
Time
Total
"'l",'~_ "-1\0
100.00
1
1. ODs
100.00
MULDERIG
OWEN, ELLEN
HEARING
BILLED: 1117634
. . . . . . . .. . . . . . . . . .. . . . . . .9987 100.00 1.50s 150.00
4/6/99 MULDERIG 1 1. SOu
Hearing OWEN, ELLEN
HEARING
BILLED: 1118203
NO CHARGE
~'-..
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..--...
. . . . . . . . , . . . . . . . . . . . . . . .11715 100.00 0.50s 50.00
7/21/99 GREENE 1
Draft Petition to Withdraw OWEN, ELLEN
DRAFT LEGAL DOC
BILLED: 1118464
GRAND TOTAL
Attorney
Client
Activity
Billable
Unbillable
34.30s
3430.00
0.00
0.00
3280.00
150.00
32.80
1.50
Oate 8/4/99 Turo Law Officeo
Time 12156 pm Detail Slip Listing Page 15
For time: s=spent u=unbillable e=estimated v=variance
Date / Start Time Attorney
Reference Client Rate .
Descriotion Slio# Activitv Level Time Total
. . . . . . . . . . . . . . . . . . . . . . . . .6918 100.00 0.200 20.00
7/17/98 MATT 1
Telephone conference with OWEN, ELLEN
Oet. Woodford TELEPHONE CALL
BILLED: 1117367
. . . . . . . .. . . . . . .. . . . . . . . . .6925 100.00 O,50s 50,00
7/21/98 MATT 1
PFA Indirect Contempt Hearing OWEN, ELLEN
HEARING
BILLED: 1117367
. . . . . . . .. . .... . .. . . . . . , . . .7000 100.00 0.200 20.00
" 7/22/98 .. MATT 1
Telephone conference with OWEN, ELLEN
client TELEPHONE CALL
BILLED: 1117367
~t""-'" . , .
i
,
,~t-o . . . . . . . . ... . . . . . . . . . . . . .7399 100.00 1.00s 100.00
( 9/4/98 , MULDERIG 1
'Office Conference with OWEN, ELLEN
Client MEETING
BILLED: #17547
. . . .. .. . . . . . , . .. . . . , .. . . .7643 100.00 2.000 200.00
9/30/98 MULDERIG 1
Read and Review file OWEN, ELLEN
R&R DOCUMENTS
BILLED: #17547
. , . . . . . , . . . . . . . . . . . . . . . . .7751 100.00 0.50s 50.00
10/1/98 MULOERIG 1
Ottice Conterence with OWEN, ELLEN
Client MEETING
~"",,'l<'
'"".....
,,,,.-,-.'
BILLED: #17~~.
Mtl.-- r-,)_.:~J/NK<<.I!:t~"l"">.
Date 8/4/99
Time 12156 pm
Turo Law Offices
Detail Slip Listing
Page 13
For time: s=spent u=unbillable e=estimated v=variance
Date / Start Time
Reference
DeBcriotion
Attorney
Client
SHoll Activitv
Rate
Level
Time
Total
. . . . . . . . . . . . . . . .. . . . . . , . .6725
6/26/98
Letter to attorney
100.00
1
0.10s
10.00
MATT
OWEN, ELLEN
DRAFT CORRESPON
BILLED: 1117287
. .. " . . . . . . . . . . . . . . . . .. . .6762
7/1/98
Telephone conference with
Domestic Relatione Office
100.00
1
0.10s
10,00
MATT
OWEN, ELLEN
TELEPHONE CALL
BILLED: 1117367
. . . . . . . . . . . . . . . . . . . .. . . . .6766
7/1/98
Domestic Relations Office
100.00
1
0.10s
10.00
MATT
OWEN,
MISC
ELLEN
BILLED: 1117367
. , . . . . . . . . . . . . . . . . . .. . .. .6798
7/7/98
Telephone conference with
Domestic Relations Office
100.00
1
0.10s
10.00
MATT
OWEN, ELLEN
TELEPHONE CALL
BILLED: 1117367
. . . . . . , . . . . . .. .. . . . . . . .. .6806
7/13/99
Telephone conference with
client
100.00
1
0.30s
30.00
MATT
OWEN, ELLEN
TELEPHONE CALL
BILLED: 1117367
.,.,.................. .. .6807
7/13/98
Letter to attorney
100,00
1
0.10s
10.00
MATT
OWEN, ELLEN
DRAFT CORRESPON
BILLED: 1117367
Date 8/4/99 Turo Law Offices
Time 1:l156 pm Detail Slip Listing Page 11
For time: a-apent u-unbillable e=eatimated v-variance
Date / Start Time Attorney
Reference Client Rate .
DeBcriotion slioll Activitv Level Time Total
. . . . . . .. . . . . . .. . .. . . . . .. .6642 100.00 0.50a 50.00
6/22/98 MATT 1
Read and Review document OWEN, ELLEN
R&R DOCUMENTS
BILLED: 1117287
. . .. . . . . . .. . ... ... . . . . .. .6657 100.00 0.40s 40,00
6/23/98 MATT 1
Pre-Trial Statement OWEN, ELLEN
MISC
BILLED: 1117287
. . .. . .. . ... ... . .. . . .. ... .6658 100.00 0.50s 50.00
6/24/98 MATT 1
Telephone conference with OWEN, ELLEN
client TELEPHONE CALL
BILLED: 1117287
. .. . ... . .. . ... . ., . ,. . .. . .6681 100.00 0.60s 60.00
6/24/98 MATT 1
Read and Review document OWEN, ELLEN
R&R DOCUMENTS
BILLED: 1117287
. . . . .. . . .. . ... .. . ... . .. . .6683 100.00 0.40s 40.00
6/25/98 MATT 1
Telephone conference with OWEN, ELLEN
client TELEPHONE CALL
BILLED: 1117287
. , . . . . . . . . . . . . .. . .. . . .. . .6684 100.00 0.10a 10,00
6/25/98 MATT 1
Telephone conference with OWEN, ELLEN
Wagner I a Office TELEPHONE CALL
BILLED: 1117287
Date 8/4/99
Time 1:1156 pm
Turo Law Offices
Detail Slip Listing
Page '/
- -...-........
,
For time: s=spent u=unbillable e=estimated v~variance
Date / Start Time
Reference
Descriotion
Attorney
Client
Slioll Activitv
. . . . . . . . . . . . . , . . . . . . . . . , .6238
5/11/98
Telephone conference with
Amy Ickes
MA'IT
OWEN, ELLEN
TELEPHONE CALL
BILLED: #17196
. . . . . . . . . .. . .'. . . .. . . . . . .6240
5/12/98
Telephone conference with
client
MA'IT
OWEN, ELLEN
TELEPHONE CALL
BILLED: #17196
..............,...,..... .6245
5/12/98
Telephone conference with
Rich Wagner
MA'IT
OWEN, ELLEN
TELEPHONE CALL
BILLED: #17196
.. .. .. . .... . .. . . .. . . . . . . ,6248
5/12/98
Read and Review document
MA'IT
OWEN, ELLEN
R&R DOCUMENTS
BILLED: #17196
. . . . . . . . . . . . . . . . . . ... . .. . .6297
5/14/98
Letter to attorney
MA'IT
OWEN, ELLEN
DRAFT CORRESPON
BILLED: #17196
. . . . . . . . . . . . . . . . . . . . . . . . .6299
5/14/98
Telephone conference with
client
MA'IT
OWEN, ELLEN
TELEPHONE CALL
BILLED: #17196
Rate
Level
Time
Total
100.00
1
0.10s
10,00
100.00
1
O,20s
20.00
100.00
1
0.10s
10.00
100.00
1
0.10s
10.00
100.00
1
0.10s
10.00
100.00
1
0.20s
20,00
Date 8/4/99
Time 12.56 pm
Turo Law Offices
Detail Slip Listing
Page 4
For time: e-epent u-unbillable e-eetimated v-variance
Date / Start Time
Reference
Deecriotion
Attorney
Client
slio# Activitv
Time
. . . . . . , . . . . . . . . . . . . . . . . . .5966
4/13/98
Telephone conference with
Pam Fieher, HEMAP
. . . . . ... . . . . . .. . . . .. . . . . .5967
4/13/98
Telephone conference with
Dr. Bonnie Howard
. . , . . . . . . . . . . . . . . . . . . . . . .6008
4/21/98
Read and Review document
. . . . . . .. . . . . . . . .. . . . . . . . .6010
4/22/98
Telephone conference with
client
. , , . , , . . . . . . . . . .. . . . . . . . .6062
4/27/98
Read and Review document
. . . . . , . . . . . . . , . . . . , . . . . . .6063
4/27/98
Letter to client
Rate
Level
Total
MATI
OWEN, ELLEN
TELEPHONE CALL
100.00
1
0.10e
10.00
BILLED: #17106
MATI
OWEN, ELLEN
TELEPHONE CALL
100.00
1
10.00
0.10e
BILLED: #17106
MATI
OWEN, ELLEN
R&R DOCUMENTS
100.00
1
30,00
0.30e
BILLED: #17106
MATI
OWEN, ELLEN
TELEPHONE CALL
100.00
1
20.00
0.20e
BILLED: #17106
MATI
OWEN, ELLEN
R&R DOCUMENTS
100.00
1
0.30e
30.00
BILLED: #17106
MATI
OWEN, ELLEN
DRAFT CORRESPON
100,00
1
O,lOs
10.00
BILLED: #17106
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LECAL SERV I OES. IIIC.
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LEGAL SE;RVICES, INC.
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8 IrvIne Row
Carlisle. PennfiYlvanin 170\3
(717) 243.9400
fllJl (717) 243.8026
Wesl Shore (717) 766.8475
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1/-07-97
II OF PAGES (Including cover page): S-
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TO:
DISSINGER & DISSINGER
DATE:
-- ----- -.. - - - -- ---.....- - -----.. - - - - - - -- - --... - - - -- - - - - - - -..-.. -- - - -- - - - - - - - -- - - - ---- - - -- - - -- ---- --- - - ------..
.........................**.*.**................................*.~
~
TRANSACTION REPORT
.
FOR: DISSINGER I!c DISSItIGER
7179753924
RECEIVE
PAGES
~
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
OWL tJ I Ell, .u (5
J.0
t2h.. ''lfN-lw d.1c13
77 -I tf1~
File No.9? -I a ~
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THIS SU~.oENA WAS IS,D AT THE REQUEST OF THE FOLLOWING PERSON: -a~ ~ ~
Name Lf4.~ OWl ~gl ~ 11@
Address: Iff(" na-Vlb~)Jn- ~~; ~ ij~
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TO:
SUBPOENA TO PRODUCE DOeUMENTS. OR THINGS
-0 FOR DISCOVERY PURSUANTTO RULE 4009,22. .fJ.
/ o-.--t-~ -fJ~ '-~ h~~ s;.,.-.J7~<.-t
(Name 01 Pelson 01 Enllly)
Within twenty (20) daY~~'~r;:ezlce ollhls subpoena, you are ordered by the courl to produce Ihe following
. docu'])lJnts or things: '7 "f ~ i-y 1\ 11 //J
~ 0 Lt. ~. J-(. (~14.l.l.(/.llj~ 0 ~9-
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You may (leliver or mall legible copies of the documents'or produce things requested by this subpoena,together
with the cerllflcate 01 compliance, 10 Ihe party making Ihls request at the address listed above. You have Ihe right
to seek In advance Ihe. reasonable cost 01 preparing Ihe copies or producing the things sought.
II you lalllo produce Ihe documents or things required by this subpoena within twenty (20) days aller Its service,
the party serving Ihls subpoena may seek a court order compelling you to comply with it.
Telephone:
Supreme CourllD 1/
Allorney For:
~ ~4R--
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BY THE COURT:
Cu.,~ a<, ';j'~
Prothonolary/Clerk, Civil Division
Date:
G.... ~..::t- ~ I q q 1
Seal 01 the Courl
Deputy
n . ~.:LU
u
~d
(Elf. 7/97)
EAST PENNBBORO TOWN( .P
POLICI! DEPAATMI!NT 50
INCIDENT/DENERAL INFO. rI. JRTx'iiJex
UNIFORM INVEBTlDATlON REPORT 0
REC'D IN PERSON xJax
REC'O BY TELEPHONE 0
4:
INCIDENT NUMBER ICAllFe:tl I CAV JE;lJ """ Fe:tl I """ AIR'.ro I """ aM'\.mIl
99-04-0236 04-20-99 TUE 1500 1500 1600
NXlEHT HAllA! VCTY.l~ r.fO _. Sa Ago
ProDerty Dispute Donllld D, Owen
0XlE DOlI SS...,
CAll >QJl OWK M1H CAV ...... t-a.E ~SBISTJH' -
BET'MlN 231 Louis Lane
-------..-- ....----..--.. .. ----- ------ ....---- --- --
IUJ OTY~ATE-l:P a::JJe
""" A' Enola, PA 17025
La:A1Ol E~R 900JL BU8IM.Sl!I ~
In~ Mountain Vi.." Dr.
0XlE PE~ REPORTINQ CRIME llAlllUJ ....
,
OPE CF ~Ml5ES 0XlE IIhtAPCNS .. fCD.9 0XlE ACOOESS """'" ,
fC/; . )OREN~
\91IQ.E ...... MAl<E IlOOY I'IPE <IllOR REG M.lMBER & STATE SERIAL NUMBER tA I:DlTR':ArGI
.
v~l~ .lWElR't fURS a.lJIl<NJ AUlD .....,
TOTAL VAlUE STWN TOTAl.. VAU.E RE~ rurAl o.AMAa:S Vo.aI>ER rElEIYPE AlARM Cll.FU!"".
SUSPECT NA>.E IAlJASI AGE 1"= SElC I AOORESS
WARRANIISSI.OO AlftSrED I DATE OF 8lRTH I JIM... I so:: SEe NUMElER
am 0..., CAll! I Om 0,." ~ I Om 0...,
wo. OA. YR.
~fAl<[N U OOSMIHO U HMlJUD .. tEPI. AND RElEASED U m JIM...lI1JIII U STAIUS CASE <FEN CI.lJE(l) l.NU.OaD
t.ST AN] aNT'fY AOaTDW. \I'I':TM.IED& PEfW'lETRATtRJ at SUJlfCTS. ACTOl TN<EN N:UOE FUJfOIIHJ Cl&:RVAroe CF Hr-BT'GATOR. PH"rSCAl.
rvata RlHJ. ~. BY WI-o.t '~lui AHJ fmNCAl SERVaS PERf~O .1NTl~ rY VCl'MI. 'MTN(SS(!I. PlR9D'lS CXWTACT(().l8T
OOD& STO.1N PR:FDnY . YALl.I! . &VIAL t<<I'9
DESCRIBE TECHNICAL SERVICES PERFORMED:
This officer "ent to the 10~ Mountain Vie" Dr. residence to check if Ellen Owen had
moved out "ith a ~reat deal of the furniture. I stood by "hile Mr. Owen safelv made entry
into the residence by breakin~ 11 small "indo" on 11 door and assisted him to force the door
ODen because the door "as barricaded shut. I searched the residence to insure Mr. Owen's
safety and then left the residence and "aited in mv Datrol car until he "IlS done doing
an inventory of items taken in violation of 11 PFA. I then gave Hr. Owen our CODY of the
nrODertv list and he made circles on the letter in front of each item taken. This officer
,
did not inventorv the contents of the residence and did not take notice of "hilt "as taken
or left behind. Information Dassed onto ?tlm. Coverdale for folIo" UD.
", 1L/CCr -Pllft" ..( i L, ,I I- /11,. i, <-_l- v{f.-tt.,.... L'-
/K~.;t E
"")'H': j',l-n. ...-:J,A..- ( V
. .
'- .
~~~'IE '--.. IlAOGE BER DATE OF ~T
PUm, .......,. ; 16-18 l OF1 011-20-99
Stuart'A; Spencer PACE PAGES
Slgneture PATROl.. St.,RRV CRlMONAL crv CHEF
~.{/
"
Court issue by Defendant, Donald U. Owen, on 93% Court Order for Jlllyment of
outstanding bills dating bBck as far as 1997 .with onc bill appealed at linalIcvel for
$5,200" $64,00 bill from 1997, $32, bill from 1998, as well as prescription bills. etc.-
even at the ofrL'qucst of Plaint in's psychologist in 1998. Petitioner declined to make
such a move.
B. Plaintiff indicated to previous counsel, when told Petitioner would be
hoodling Plaintilrs case, that Plaintiff felt uncomfortable with Petitioner's demeanor,
personality and felt that he was not very communicative. In fact, Plaintiff found his
demeanor to be a condescending approach and what seemed to Plaintiff to be an
unwillingness and what appeared to be a "CUlood dried" approach without input.
Plaintiff was still willing to give Petitioner a try but still felt very uncomfortable with
Petitioner representing her.
C. The lirst time Plaintiff met with Petitioner was on September 4* and that
was at the Plaintilrs request. The Pre-Trial Master's Hearing was scheduled for
October 2d. As stated, Plainliffhad requested her psychologist be
in allcndance at that meeting because she felt uncomfortable with Petitioner ood with
the hope the psychologist could convince Petitioner to put pressure on Defendant
in Jlllying cost of 93% of medical bills. including any prescriptions which would cost
$300 a month.
0, Plaintiff again realized after receiving a copy of the mcmorandlDll of
the Pre- Trial Master's Hearing that the Petitioner was unprepared to rebut misstated facts
ood Petitioner actually misstated facts at the hearing. Another sign of disinterest in
the case and unpreparedness.
E. Previous counsel advised Plaintiff that indignities was no longer going
to be pursued, because Mr. Elicker, the Master's, indicated that the time for indignities
had pastood that this was a fonnality of equitable distribution/alimony. Unfortunately,
a hearing was scheduled for marital misconduct ood misuse ofmaritallUnds instead.
When Plaintiff asked at the September 4 hearing why all of sudden marital miscooduct
WHEREFORE, Petitioner requests your Honorable Court to enter a Rule to Show
Cause upon the PlaIntiff and upon counsel for the Defendant as to why Petitioner
should not be permitted to withdraw as legal counsel for the Plaintiff In the above-
captioned actIon.
Respectfully Submitted
TURO LAW OFFICES
J(;s:/7~
Oat
l!:Iil(t~q"l~
32 South Bedford Street
Carlisle. PA 17013
(717) 245-9688
Attorney for Plaintiff
/.
EAST PENNSBORO TOWN!
POLICE DEPARTMENT
.P
so
INCIDENT IGENERAL INFO. r/.. JRT x*kx
UNIFORM INVESTIGATION REPORT 0
REC'D IN PERSON xfb:
REC'D BY TELEPHONE 0
4:
INCIDENT NUMBER TOA~rECO I CAy "'co I~~CO 1_ AlVWED - CDMPl.ETm
99-011-0236 011-20-99 TUE 1500 1500 1600
IN:Ja:m NATURE VCTlM/CDI.1A.AINANT H<) Roc. So, ...
Property Dispute Donald B. lNen
an; 00Il SS""
CAT( ...... OWl< MTH CAy >!AR t-OVE AOC:n:S5/STfUT ......,
BETV.tEN 231 Louis Lane
-.--.----- ---------- ---._- ____a. ------ -----
MO OTV...sTATE.ZP a:n:
- AT Enola, PA 17025
leX-Ami EMPlOYER SDOJI. BUSlr\ESS~
1O~ I~ountain Viell Dr.
Ian;l ~~J nEmnlLtKl CRIMe CATE AND 'WE I
I
I"rPE <F PnfMlSES llJll; T ......[APONS -f00l.9 Ian; ACcness -
>ON AttACkEO 0Il!Nm1i!
V!f<Q.E 'rtAR ...... BalY rn>E COlOR ~G NUMBER & STAre 6EAIAL MJM8ER 00 1OEMR:AfU.J
VAL. STtUN I 0JRJl:~ .JM<LRY FURS a.onfNJ AUTO M5C
P<O'!RTY
roYAl VAl!..EST(UN TOTAl VAltA: REaM:~O TOTAl DAMAGEs MAllER m.ET'tPE AUIRM 00. FU""
SlJSPEcr NME [ALIASI I~ IRAa SElC I Acxnss
WARRANT ISSl.ED .I"""'STED I OATE CJ= 8lJmt I AMMLE ,Soc. SEC. ~EA
~ "'5 0 "" OAT( 0"'5 Q~ J I 0"'5 Q""
~. CA. m.
ACTDN TAKEN U 00SMIS!m U HM<llED IN [)OPT MO ~D U m AMNII.f (DJAT U STATUS CASE lFEN ClOSED l.OE<lU:ED
lIST NCJ CENtFY AIXrTULt.L VCTW.4S.l%!D8' ~Tm9 00 sts'lCT9. ACT1)N TAJqN JC.La' ~ II., Cl&RVAf1:N9 CF HYtSTGATt'A. PHY$ICAl
EVIOENa: FQHJ.'Nt€RE. BY WHCN '~11U'4 AU) TE~l SERV'C[! PERfORM(O .1NTt~ D' VCTIMS. 'MTN:SSES. PERSONS CONTACTtO.U!JT
~SOW3e STQ..fN PRJlERTY . VAlLE. 00Ut. ~
DESCRIBE TECHNICAL SERVICES PERFORMED:
This officer Ilent to the 105 Mountain Vi ell Dr. residence to check if Ellen lNen had
moved out Ilith a ~reat deal of the furniture. I stood bv while f-lr. lNen safely made entry
into the residence bv breakiniC a small Ilindoll on a door and assisted him to force the door
onen because the door Ilas barricaded shut. I searched the residence to insure I-Ir. lNenos
safety and then left the residence and waited in mv natrol car until he was done doing
an inventory of items taken in violation of a PFA. I then iCave f-lr. lNen our copy of the
nronertv list and he made circles on the letter in front of each item taken. This officer
did not inventory the contents of the residence and did not take notice of Ilhat Ilas taken
or left behind. Information nassed onto Ptlm. Coverdale Cor Colloll Un.
I
rr~ ~IAME " '. BA!XjE NU~'eE" CAre a: ~f
PUm. Stunrt'fI. Spencer 16-111 PACE 1 Cf 1 P"""5 011-20-99
Signature PAf~ SllN:RV CJ1IMI-.lAl [)IV CHEF
~.~.;
.'
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
O . I E.l/t AJ 6
Wt"'f
}?,'
a~n c ~ j}/)/f 'lfcl.1
77-1 V1~
File No.tl7... -I :3 ~
Wilhln twenly (20) daYn~ft;~~lce of Ihls subpoena, you are ordered by the court to produce the following
docu'].lqnts or things: 'T '1" ~ i.zt ^ d /;7 .
~;3 Lf..H;-~7f (~1.u.~~, 6[;9-
~ h.I-~~ a+- IClS h1=.L1a<J h,
~ {~ (Jc....- . {7 ~'8-S
~70Ax. ~ '^t 11.4 ~ -; 1/:> 3 ~/.---7 Lr
N-~ (Addles .
You may aeliver or mail legible copies of the documents 'or produce things requested by this subpoena, together
with Ihe certificate of compliance. 10 the party making this request at the address listed above. You have the right
to seek In advance the reasonable cosl of preparing the copies or producing the things sough!.
TO:
SUBPOENA TO PRODUCE DOCUMENTS OR THINGS
<;" FOR DISCOVERY PURSUANT TO RULE 4009.22 .fd.
/o..-I-~ .jJ~..~ !v-,o~.~~ ~:,,'i
(Name 01 Pelson 01 Enllly)
If you fail to produce the documents or Ihings required by this subpoena wilhin twenly (20) days aller its service,
the party serving this subpoena may seek a courl order compelling you to comply with it.
OENA WAS ISSUfO AT THE REOUEST OF THE FOLLOWING PERSON: ~~ ~ ?
WI ,~ fll,,; ..,
2::11
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Name
Address:
Iff(' htr Vlb,JJIr
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fJr-yUL-
Telephone:
Supreme Court fO #
Attorney For:
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BY THE COURT:
~~.~~
Prothonotary/Clerk. Civil Division
Date:
G...""...1- ~n 1'1'11
o Seal of the Court
~~ n ,12..~..,
Deputy
(Elf. 7/97)
II
I
ELLEN OWEN,
Plaintiff
.
VB,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-621 CIVIL TERM
: IN DIVORCE
DONALD B. OWEN,
Defendent
i
I!
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II
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PRE-TRIAL STATEMENT OF PLAINTIFF PURSUANT TO
RULE 1920.33(8)
Personal Data:
A, Husband's Date of Birth: February 23, 1942
B. Wife's Date of Birth: June 2, 1945
C.
Date of Marriage: November 70 1964
D. Date of Separation: June 220 1996
!I 2. ~ist of Marital Assets:
A. Marital residence at 105 Mountain View Drive, Enolao Cumberland
County, Pennsylvania. Appraised at $1220000.00 on April 230 1996. The
remaining unpaid mortgage is $640929.82 as of June 120 19980 and the
maturity date is May 80 2006.
B.
C.
D.
E.
ii F.
G.
H.
Portable TV with VCR (in husband's possession) - $500.00 - 1996
TV - $890.00 - 1990
CD Player - $500.00 - 1988
45 Record Collection - $3,000.00 to $40000.00 -1970 t01996
Franklin Mint Car Collection - $600.00 -1990 to 1996
Living Room Sofas - $1,500.00 - 1989
3 Lamps - $140.00 -1979
I. Coffee Table - $100.00 -1969
J. VCR Unit with portable camera - $1 0000.00 - 1985
K. Living Room TV - $289.00 -1980
L. Rocking Chair - $125.00 -1974
M. Recliner - $300.00 -1989
N. Bookcase - 1987 - gift from son
O. Dining Room - $1 0800.00 - 1978
P. Son's bedroom furnishings - $400.00 - 1971
Q. Corner Hutch - $189.00 -1969
R. Chairs - $342.50 -1992
S. Copy machine - $2,400.00 -1988
T. Law books, various years - $4,000.00 to $60000.00
U. Bookcase - $179.00 -1992
V. Copier Cabinet - $150.00 - 1993/1994
W. Cadillac - $4,385.00 -1988
X. Jaguar - $13,000.00+ -1994
Y. Lazy Boy Recliner - $550.00 -1991
Z. Recliner - $100.00 - 1969
i AA. Couch - 1980 - gift from friend.
I
BB. Original Living Room Suit - $300.00 -1971
I
I
I
I CC. Table - $582.00 - 1994
Ii
Ii DO. Lamps - various dates - gifts from son
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,1
!i
EE. Main bedroom - $1,000.00 - 1987
FF. Box Spring mattress - $450.00 -1987
GG. Chair - $150.00 - 1976
HH. Kitchen Table - $135.00 x 4 - 1992
II. Computer - $2,400.00 -1990
JJ. Chair desk - $55,00 - 1983
KK. Third Bedroom - $400.00 - 1992
LL. Personal Note from Brian Gross - $70800.00 at 12% interest over 20 years
- 1980
MM. KEOUGH account at Harris Savings - $220847.74 (unsure of value on
separation date
NN. Husband's IRA at Marysville Bank - $420141.07 as of January 20 1998
(unsure of exact value at date of separation)
00. Approximately $7,000.00 in joint savings account at date of separation.
PP. Personal Note to Eric Owen - $100000.00
QQ. Stock in Marysville Bank (unsure of value as of date of separation)
3. Home/Office:
A. Sofa - 1974 - $10000.00
B. Desk - 1973 - $350.00
C. IBM - 1980 - $6,178.00
D. Desk, chairs - wife's gift from neighbor
E. Desk - 1975 - $250.00
FOlrn 1 0 \~O
Label
UIO \110 IRS
111I01,
a'DlItmln' 01111, TIU'llIY - Inl"",1 R'v,nlll S,"'lCI
U.S. Individual Income Tax Return
1997
105 MT
ENOLA,
Fa, 1hl .,..., JAn. I - Ole:. ", 1117, cr Dt"" u. .,.Iat blO'l'nlnll
,1a1l..ndl"lI
1111 IRS U" Onl'\l' -- Co nOI Wilt. or ,Uo'.'n ,,,., loae..
ELLEN E OWEN
VIEW DRIVE
PA 17025
Proaldondal ~
E1ocUon Campalgn
(Seeplgo,O,)
Flllng Status 1
2
3
Chock onlv 4
one bOx,
5
Exempllons S.
,110MB NO,1ll48-0074
Vour lOelallocurlly number
201-34-4529
Spou..ls IIOcl.. HCUr1ty number
For holp In flndlng IIno
InllnlcUonl.l.. pagoa
2 and 31" the bookllL
Voa No Noll: Chocking
X "Y...WIII not
chango VOUrtIX or
roduce your refund.
00 VOU wanl $3 to go to thillund?
It a lolnt return. dOBS your spouse want $:I to go to this lund?
Slngio
MllTIod ftllng /OInt rewrn (ovon d only ono hed Income)
Mamed nllng sepBratB return. En'" spou.... SSH above and fUlln"'" hi'" ..
HSld 01 houlehold (wrth qualilVlng p",""n). (See pego 10.) 1I1he qualifying porson II e child but not your depondonl,
X onterthllchild'lnemehBto. ~ JOHN OWEN 176-68-7803
Qualilv1ng wldow(er)W1lh oependentchild (veBlspouse died ~ 19 ). (See pegol0,)
Yourself. II your parenl (or someone else) can clmmyou as a dependent on his or hertax
r~!Urn, do not chock box 8a
b oua.
c Dopendonts:
1 First name
Last name
(2) Dependenr.
social secunty number
(3) Oependenrs
relationship to
ou
22 Addtheamoun\!lnthelarn htcolumnforllnes7thrOu h21. ThiS IS
2:1 IRA deductJon lsee page 16)
24 Medical savmgs account deducnon. Anlch Fenn 8853
2S Movmg expenses. Anaeh Form 3903 or 3903-F
26 One-heJ1 01 seU-ornployment1ex. Anlch Schodule SE
27 Self-emploved hBeJth Insurance deductJon (SOB pego' 7)
2S Keogn and sell-emploved SEP and SIMPlE pi.ns
29 Penalty on 08l1Y withdrawal 01 savmgs
3D. AlimonV pOld. b ROClplenrS SSN ~
31 Add lines 23 tnrough30a
32. Subtractllne31 lrom line 22. Thts is vour ad usted Income
For Prtvacy Ac1.nd Paperworll ReducUon Ac1 Nodee, "" p.ge 36.
If more than SIX
dopendents,
see page 10.
Income
Attach
Copy B 01 Vour
Form. W-2,
W"2G. and
1099-R here.
II you did not
gele W-O!,
see page 12.
Enclose. but do
not anach any
pevmenl. Also,
please uso
Form 10411-V.
Adjusted
Gross
Income
llUne 32 is under
$29,290 (undor
S9,nOilachlld
did not live With
youl,seeEICon
page21.
KBA
d Total number 01 exemptions elaimed
7 Wages, 5a1arie!. tipS. etc. Anach Form(s) W-2
8. Tauble interest Anach Schedule B II required
~:::~~~Se~;i:a!:miIiIL
Alimony recorved
BUSIness Income or (loss). Anach Scneduio C or C-EZ
Capital gain or (loss). Anech Schedule 0 .
Other gOlns or (losses). An.chRlrm4797. .
Total IRA dismbunons U!!J I b Taxable amt
TotoJ penSions alld annUIties L!!!.J b Taxable arm
Rental real ostalb. royalties. pannershlps. S corporations. trusts. etc. Anaeh Schedule E ,
FarmlOcomeor(lossl.AnachScneduleF.
Unemployment compensation . .
Social socunty benellts , . 120. I
Other Income. Us1typo ano emount - see pege '5
b
9
10
11
12
13
14
15.
16.
17
18
19
20.
21
121
I b T';'eblo~T1C;uni(~pg'5)
ourtQtallncome
23
24
25
26
27
28
29
30a
Form 1040 (1997) FD1D40-1V 1.18
~O'''' Soli....",. COllytlQtlt Ill;1 HlR BlOt'. Tu S.""ell. ene.
}
No. 01 bal"
cn,ck.don
e,unon
No. of your
crllldr,nonlc
wno:
1
(4) No, ot monUls
iived In your
home 10 1 997
.11....0.....'111 you
. did notllv. wtltl
yOllclu.HI 1l...O'c:e
o,uPuluon
lu.pag.111
C.p,nd,nU on lie
"01."",.0.00.1_
AodnumD'"
~~~~::oo..."... 1
10,904.
21.
75.
~
11,000.
~
11,000.
Rlrm 1040 (1997)
Paid
Praparar's
Use Only
KBA
Form 1040 (1997) FOl040-2V 1.18
Form Salt......'. Cooyngnt 198e H&R Bloca Tn S.~'C".I"(,
, (19Q7)
33
34a
Tax
Compu-
tation
II you want
thelRSIO
figure your
1B.Jl,see I
page 18.
Credits
Othar
Taxes
Payments
Anath
Forms W-2.
W-2G. and
1099-R on
page ono.
Refund
HaVSll
dlr8C1ly
depo~tedl
5eeoage27
and fill In 62b.
62c. and 62d.
Amount
You Owe
Sign
Here
Keep acopy
at thIs return
loryour
recordS.
.35
ELLEN E OWEN
AmounlhomUne32(adlulledgroSlIl1COmel.. .,......
Checklt: 0 VOUwerl 6!5 or older. 0 Blind; 0 Spoua.wu~aroldor.
Addthenumbttolboxttchecl<edabov8Indenl",theI0Ialh",e, .
b II you ere memed ftUng aeperllllly end yourapouaellema.. doduCUon. or
you were. dUIHnatus alien. see page 18 and check here
201-34-4529 Pag02
33 11 000.
Oaund.
.. 34a
~34b
38
37
itemized dtductJonalrom Schedulo A. Une 28, OR
Standard deducUon shown below fOf your filing status. But see
paga 1811 you checkod any be. on ""0 34e or 34b orsomeono
can dam you u. dependenL
. S1nglil- $4, 1 150 e Merned IlIIng jOll1dV or aualilyll1g Wldow(or) - $6,900
. Head 01 houll8hold - $8.0i50 . M8ll1od filing .operately - $3.4150
SUbtraClllne3~lromUne33 ...,
IIl1no 3310 $90.900 or I.... multtply S2.~ bV Ihelol8l numbor ole.ompaon. clOlmed on
line 6d.Ullna 33 is over $90.900. see the worksheet on page 19 for the amount to enter
TuablelncomL Subtract line 37lrom line 38. II line 371. morolhen line 38, onlor -0-
Tu.Checl<donvlaxlrom. Fonn(.) 8814 b Fonn4972
Credltforchlld and dopendonl care o.pons... Attach Form 2441
Credltlo, Ihe8ldlll1Vortho disabled. Attach Schedule R .
Adopdon CledIt..Attach Form 8639 .
Foroign'Il<Cledn.AttachFormll16 . . . . . . .
Other.Choclcllfrom . B Form3600. b 0 Form6396
cO Form 8801 d Form (.pocily)
Add lines 40 Ihrough 44 . ...,.
Subtractllne411 fromllne39.lIl1no411l. morolhon IIne39. onter-o-
::~=~i~:ONL~AnochForm4137 .
Tox on qualiflod ,otiroment pion. (including IRAsland MSA.. Ailach Form 532911 reqUlrod
Advancoearned income credll payments Irom Form(s) W-2.
Household employment taxM, Anach SChedule H
~
144.
Enter
tho
IlIlItr
01
your:
7 395.
3 605.
2 650.
955.
144.
38
39
40
41
42
43
44
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56.
Add linM 48 thrGugh 52. This IS your total tax
Federal income lax WIthheld from Forms W-2 and 1099
1997estim~nts un e fro~ifBt ro'
Eamedln~ttac 0 Ie CI Uhoi.li'q1l!i n
child. b Nontaxobte earnod Income: amount ~
andlypo~
Amount paidwtth Fonn4868 (roquestforextension) .
Excoss sOClel.ecumyand RRTA lOX WIthhold (see pogo 27) . . .
OlherpovmenlS Chocklffrom . o Form 2439 b OForm4136
Addlines54throu hS9. These are our total a ments
If line 60 is mare than Une 53, subtraC1lineS3lromline 60. This IS the amount you OVERPAID
Amounlolfin061 you wont REFUNDED TO YOU.
Routing number 03110004 7 ~ c Type:
Accounlnumbor 889201344529
AmounlOlllneel ouwan'APPUEDT01996EST1MATEDTAX~ 63
II IIno53 Is mo,o 'han IIno 60, subtroctllne 60 trom line 53. ThI.lStheAMOUNT YOU OWE.
Fordetail.onhowlOpaV,aeepog027. .
estimated tax penalty. Also mclude on line 64 .
144.
~
1 406.
NO
56.
S7
58
59
57
58
59
eo
61
62&
"b
~ d
63
64
~
1,406.
1 262.
1,262.
o S8vmg~
.~
~
65
65
UnClI' g.nalt.I' at plrJllfv.1 CI,etar.'"at I havI natlllnlCl '"1' r.turn ,no ac:eampatlytng scnlaull' anCl s1a,.m,",s, AnPla tll. b." 01 my knawledg. anCl
alll.f. tnl., ,If I Uu.. carrlet. and campl"I. CIClarAllon at arlparl' (aU,., tnan IUgaYlrl's oasle) on .Il,nla,m.tlan a' wn.cn D'llla,., ,.a. any knaw'logl,
~ Your signature
rInformation onl - Do not fil
~ Spouse's signature. II a IClntrorurn, BOTH must sIgn.
rInformation onl - Do not fil
Preparers ~
slgnarure ,
Firm'. nome (or yours ~H AND R BLOCK
II.oU-emplovodJ and ENOLA
address , P A
Date
Your occupanon
UNEMPLOYED
Spouse's occupation
Date
2 12 98
Check II
seU-employed
Preparer's SOCIal secunty no.
ElN 23-2265030
ZIP code 17025-0000
Form 1040 (1997)
a""'.....O" Concol Numbor (DCN)
ED:Q:J.-~ ITIIIJ-(]J
Form 8453
IRS U..Only 00 nOIWlIl1 or IUDI'ln 'ruI IpIU.
L
A
B
E
L
H
E
R
E
u.s. Individual Income Tax Declaration
for Electronic Filing
ForlhoyoarJanulll'fl-Docomber31,1997
~ S..lna1ructlan.
Lastnerne
Vau. IOclal ..curtty numb..
201-34-4529
Spau..'. locIaJ.....rtty no.
OMB No. 115<48-<1936
a'llArtmMlof the T',....lUY
Ift111f'fta1 R""IIfIU.S'M~
1997
Home adelr... (number Indlceel). II IP.O, box. ....'nstnJC1lon..
105 MT VIEW DRIVE
City, IOwnorpostolflce, state. and ZIP code
ENOLA PA 17025
Part I Tax Return Information (Wholedollnonly)
1 Totll income (Form 1040, line 22: Forml040A,linoI4; Form 1040EZ. IIno 4)
2 Totll llX (Form 1040. IIno 53: FormI04OA.llne28; Form 1 O4OEZ. IIno 10)
3 FoderlllncometlXWllhhold (Form 1040.11.. 54: Form 1000A.llno290; Form 1040EZ, IIno 7)
4 Rolund IForm 1040, IIne62a: Form I04OA,lin031a:Form 104OEZ.linolll) .
5 Amount ou owo (Form 1 040, line 64: Form 1000A,Iinoi 33: Form 1 O4OEZ,lino 12)
PBrUI Direct De oslt of Refund (Opeonll Seeln.ouction..)
AltIch
CopyB
01
Forms
W-2,
W-2G,
and
1099-R
here.
Uaethe
IRSIabaL
Olh8fW1S0.
pleue
pnoter
Iypo,
Vourftnslnerneandinillll
ELLEN E. OWEN
II a lolnl roturn. SflOU.... "rot nerne and lnillll
Lastnerne
ApL no,
TelephOne number (opeonll)
Fo. Paperwork Reduction
Acl NaUc.. 1..lnatnlctlona.
1
2
3
4
5
11 000
144
1,406
1,262
6 Rounng number
o
o
The rouUng number must be nine digits, and the
Ilrstlwomu.tOt through t20.2\ through 32.
o
4
7
3
1 1
o
7 Account number
p
8 Typeot account:
Declaration of Tax
Checking Savmgs
er (Sign only aller Part II. complotod.)
I con..nt that my "Iuncl b. ell'" .., dIPOI.1IO U a',lgnltld_n Put lI,and lueWlttlattnllnllHmlt'Dn ,nD,,"n an IInll 8 Il'IrDugl'lll' CDrrICt. It Ii'll'll fIIlaalolntrlturn.
Ii'll'" an IrrlvDCl.Illllaaalntmll1 'lllnl ather 'aOUIII. In Iglnt10 rlCllvltl'l1 rlfunll.
bOllia not wlnt d,raCtll,pO'll of my raluna or am nol recIIV1ngl "'una.
11 Ih"vlhlldl Illl&nel aUllllD"fjr dUIIN" !j"!:"flffmytU'lllllllly,I wIUrlmalnlllllllro,thltu""btllty"nd,UloIlpIlC.
allllln,."" ana Dlnll1lll. 11 I hit 101 Flal " 11 It d t ra. I r an I t. llturn. I unlll,.tana my Flderal retu,,, wIUbl rlllc1ld.
Unlll,ll.nallll.oroerlury,ldlc Ilhaltl'llnro,ma nt IVlg I"myc. Oln ."mou In ar a oVI"grll..lththl.mDun1sonll'lleal'1ll11o"1l1llgllnuartl'll
Illwon,e pO,tlon at my H187 Flaerallncoml ta.llralllrn. To tl'llblltar my knawlla;1 and bllllr, my return Ilt"'l. corrlct. All II compl111. I conll"11a my ERO llnalng my
rl1Urn. Ii'll' dlclaratlon. a"lIaccomaal'f'ng ,cnldullllnll,t&tlmln1S1a tI'lIIAS. I also canun11a thllRS .Indlng my ERO Ina/or t"n,mltt.,l" "cknowlldglmlntar rlCIIOI
01 trln,ml"Ion Inll an InCIICl.tJon of _nltner or not my rlturn II ICClP1111. AlIa, If rllletla.lnl rll.ontl"a, tnlretletlan. Ir tnlorocl.lln; or my rllur" II ClllaylCl, lau1harlze
Ii'll IRS 10 CllSeloll 10 my ERO and/o, tranlmlt1l, Inlrusonlslror I'll ClI"y. or wnln 11'11 tI'unCl was sent.
Sign
Here
IPartlVI
~ COpy ONl- y ~ COPY OfiL Y
,. VOU'llgnaluII . Oatl" Spouse', Slgnltutl. It alOlnl flturn. BOTH mullllgn
Declaration of Electronic Return Orlglnato. (ERO) and Paid Preparer ISOOlnSOUC1lons,)
0111
I Cllelate thatl I'll'll flVllWld thl Ilia'll t."p"yer'sntu," Ina Ih..t till IntnlS on Form US3 an camplltl and corflct 1011'110111 at my knawllllgl. It 11m onlya colllc10r, 11m not
rnpanSlblllar ravllwlng tnl retu,n anCl Ollly decllll tn..lthlS torm "ccurltlly fllllCU 11'11 dIU. an tnl ,lIu,,,, Tnllup".,.I' will h"vI Ilg"llIthl' rorm bl'o"llullmlt Ii'll ,lIu,,,, I
Will ;tVI thl luplyer" copy of III la,ma and ,r lormalla" to bl fIIld Wltl'l tl'lllRS.and I'll'll 101l0"'ICI"U Otl'llt tlqulnml""I" Pub. t34S, Handbook for EIIC1tOnIC Fill" af
tnCllvlduallncoml Tu Rlturn, IT". VII' tiFT, Illamll10 tl'll Paul P'IO",er, unal' ClnlllllS of carluly I dlclare In"" navl l..ml"ld 'hi &!la'll ta~lyl"s 1I1u'" ""d
leComaanYl"g 'ehldulll ""d SUtI"""". I,.d to Ih, bU' 01 my k"owl'dglana bl"II, '''Iy IfltrUI, earrlC1, ana comal"l, Thl' Plld PrIPl.rer 0lCI&ra110n Ilballd on In
,n'orm"lIon 01 ",hlen I hi'll "ny IInawIU.IJ',
.--
ERO's
Use
Onl
Oa11
o
Vou,socl.lllleuntY"umber
ERO's
2/12/98
ChlCII
,f self-
ImoloYld
o R LOCK
"UMMERDALE PLAZA
23 2265030
17025-0000
ElN
ENOLA PA
ZIP COOl
Unaer aln"lltl. at plrlur.,., l dlel&tel"II' hava 1.lmlnea tnl abowI tl.aa",,"1 r"u'" "nCl I.ccoma.nytn; ,cnldull. Ino Ultlmlnll. ana 10 'hi Dut at my ."OWIIClQI InClOI~II,
Ihey a.. truI, c:o,recl, Ana eO"'a"". Thll ~eel&lahon IS Oallo on 411 InlOlm"1I0n 01 wnlch' hawI any ."awIIOQI.
Paid
Preparer's
Use Onl
KBA
Form 84530 (1997) FD8453D-1V 1.6
- - ~:)Hw"" Coayngnt 19;8 H&R BlOCk ..~. SINlcn. Inc.
0""
Prep"'tt"'oCI"1 nauny "0.
Preaar,,'1 ....
IIQ""tUII ,.
Fi,m',,,"mllo'yourl
,ISIII.lmataylal
""CllaorUI
ElN
ZIP coal
Form 8453 (1997)
. 'EDULE A
(Form 1040)
Schedule A-Itemized Deductions
OMBNo, t~-OO74
1997
AuocltmGnl
Sequ.nc. No. 07
Your SOCial secunry number
201-34-4529
0.,.,1,"'''' of 1". Tf....""y
1"1111111 R...lnloll 5,'Y'CI 1111 .. Attach to Form 1040. ..S..lnltructlonl for Schedule AcForm 1040).
NI/11O(') .nown on Form 1040
ELLEN E OWEN
Medical eauUon: Do nollnclud. .,p.n... rOlmllUro.d or paid byolhoro.
and 1 Mocllcal and o.ntll OlCp.n... (000 pag.A-l) ~
Dantal
Expenses
Taxes You
Psld
(500
pag.A-2.)
Interest
You Paid
(500
page A-2.)
Note:
Personal
Interest IS
not
deductible.
Gifts to
Charity
II you mado a
gln.ndgol.
ben.l1t lor I~
.00 p.g. A-J. 17
18
eaaullly Incl
Theft Losses 19
Job Expan.as 20
and Most
Oth.r
Miscellaneous
DeclucUon.
(See
p.g. A-510r
oxpenses to
deduct here.)
23
24
25
28
Oth.r 27
MlscllIaneoua
DeclucUon.
Total
Itamlzed
Deductions
KBA
2 Enlo<emounllnlmForm 1040. Un. 33 2 11,000.
3 Mul1lply IIn. 2 ebOv. by 7.5% (.075) .
4 SubtrectUn.3IromUn. 1.lllln.31.mor.lhanlin. 1, .ntor-o-
s Slat. ancllocallncoma I....
8 R.a1..t.l.t....(.oop.g.A-2) ~
12 poml.notr.po~
13 Investment Inter85t. Aneeh tann 4952.11 reqUired. (See page A-J).
14 Addllnos10throUl;r.I:J
15 GillS by casMr cheel< ~
16 Otherthan
.ee page A- Y
Carryover Irom pnoryear
Adcllln.. 151hrough 17
Casualty or Ihenlu"I"), An.ch Form 4664. (See page A-..)
UnretmbUrsedemployeeoxponses. AltaCI'l Fa'," 2'01 or zloe.EZII 'IQU"ld.
PARKING FEES FOR WORK 440.
21 Tax preparanon lee.
22 Other expenses ..
Acid lin.. 20 Ihrough 22
Enter amounttrom Form 1040. line 3:J
MUlbPlyline24aboveby2%(.D2) .
Subtract line ~ Irom line 23. II line ~ is more than line 23. enter -0-
OIMr -Irom list on p.ge A-5. UsI type and emount ~
24
11,000.
28 I. Form 1040. line 33, ovor$121,200 (ovor $60,800" mameo llling ..parelely)7
NO. Your deduCllon IS nOllimted. Add lhe amounts In the far nghl column
lor hnes 4 tr.rough 27. AlSO, BnlDr on Form , 040. hne 3~. lhelarger 01
lhls amount or your standard deducuon,
YES. Your deducUQn may be limited. See paqe A-510r the amounlto en18f.
For Paperwork Reduction Act NoUce, see Fonn 1040 InstrUctions.
50h A-I04O (1997) FDA-IV 1.14
Fa,nt Soil.....,. COllyngft1111& H&R Sloe. 161 SII"'tlCn.lnc..
25
176.
825.
479.
2 428.
5 .
10.
4 153.
o.
4,153.
50.
50.
440.
50.
490.
220.
270.
}
~
SchecluieA(Fonn 1(40)1997
6/24/98 Turo Law off~ce5
9:42 am History Listinq paqe 1
Selection Criteria
Client : OWEN, ELLEN
custom Fields :All
.
Client Cumulative Totals Period Inception \
OWEN, ELLEN Billable hours 17 .80 17.80
Between: 2/26/98 - 6/1/98 Unbillable hours 0.00 0.00
Actual fees 1780.00 1780.00
Month Billed Paid Billable fees 1780.00 1780.00
Unbillable fees 0.00 0.00
Actual costs 0.00 0.00
02/98 120.00 0,00 Billable costs 0.00 0.00
04/98 520.00 520.00 Unbillable costs 0.00 0.00
05/98 450.00 570.00 Sales tax 0.00 0.00
06/98 690.00 150.00 Service tax 0.00 0.00
Finance charges 0.00 0.00
TOTAL 1780.00 1240.00 Payments 1240.00 1240.00
Credits 0.00 0.00
Write ups 0.00 0.00
Write downs 0.00 0.00
Markup Fees 0.00 0.00
Markup Costs 0.00 0.00
Flat fees 0.00 0.00
Flat fee profit/loss 0.00 0.00
Effective billing rate 100.00 100.00
Effective FF rate 0.00 0.00
GRAND TOTAL Billable hours 17.80 17 .80
Unbillable hours 0.00 0.00
Actual fees 1780.00 1780.00
Billable fees 1780.00 1780.00
Unbillable fees 0.00 0.00
Actual costs 0.00 0.00
Billable costs 0.00 0.00
Unbillable costs 0.00 0.00
Sales tax 0.00 0.00
Service tax 0.00 0.00
Finance charges 0.00 0.00
Payments 1240.00 1240.00
Credits 0.00 0.00
Write ups 0.00 0.00
Write downs 0.00 0.00
Markup Fees 0.00 0.00
Markup Costs 0.00 0.00
Flat fees 0.00 0,00
Flat fee profit/loss 0.00 0.00
Effective billing rate 100.00 100.00
Effective FF rate 0.00 0.00
Date 6/24/98
Time 9:36 am
Turo Law Off~ces
Monthly Totals
Page 1
Client
Custom Fields
Selection Criteria
:OWEN, ELLEN
:All
. - No activity or data has been cleared
1/98 2/98 3/98 4/98 5/98 6/98 Tot
OWEN, ELLEN
Billed O. 120 O. 520 450 690
Paid O. 0 O. 520 570 150
GRAND TOTAL
Billed
Paid
O.
O.
120
o
0*
0*
520
520
450
570
690
150
.....
6/24/98
9:36 am
Turo Law Offices
Monthly Totals
Page 1
:lient
:ustom Fields
Selection Criteria
: OWEN, ELLEN
: All
. - No activity or data has been cleared
1/98 2/98 3/98 4/98 5/98 6/98 Tot
:)WEN, ELLEN
Billed O. 120 O. 520 450 690
Paid O. 0 O. 520 570 150
3RAND TOTAL
Billed
Paid
O.
O.
120
o
O.
O.
520
520
450
570
690
150
PAGE
t
I
f
.pr 14 199T
Dla.fn~lr & Dlsainger
Clllnt ledglr; MATTER: 1.96.57l
Hlr 01 1991 TO Har 27 1991
......--.---..------------..--------.----.---.------..-------------...---...-------------------------------.--..---------.----------
RECEIVED FROH I PAID TO
EXPLAHATlOH
tHE' I""".'" G E HER A l ..........1 BlO I......... T R U S T ..........,
INV. REtEIPTS DISBS FEES lNV RECEIPTS OISBS BALANCE
.~
---...------------------------..----..---..--------...----..--...--.............--.....-.............................--.......-----.
500 - OWen, Ellen E.
HATTER: 1'96.57Z RE: Dlvorcl, ltc, .- hourly
~Ir 07 91 BilLING 011 INVOICE 5830
FEES l11B.50 OISBS 28.50 RCPTS 1442.50
Hlr 01 91
Recllved fl' from cLient
Hlr 01 91
Received two fax.. trom Hr. Owen
Hlr 10 91
Received fax fram client
Hlr 10 97
Received fax from Hr. OWen
Hlr 10 97
Received two faxes from Mr. OWen
Hlr II 91
Received fax fram client
Har " 91
Received fax from clltnr
Hlr 12 97
Photo Copies letter to client
Har 11 97
Received two faxes frem Hr. Owen; received two faus
from cltent
Har 11 91
Photo Copies lette~ to Uagne~
Har 11 97
Faxed letter- to Uegner-
Har lB 97
Received faxes f~om cl ient
Har 19 91
Recetved fax from cllenr
Har 19 97 Donald OWen
ellent Paying Bill
Har 19 97
OVERPAYMENT OF BILL
Har 19 91
Photo Copies letre,. to client
Har 21 91
RESP. lA~YER: . Mary A. Ot..inger
0.00 5B30
2.00 5931
8 rJO 5931
2.00 5931
1.00 5931
0 I
2:SJ t-J..J 5931
1.00 5931
2.00 5931
0.40 5931
12.00) ~,J () 5931
-.-"
0.60 5931
4.00 5931
P ffY
24.00 5931
1.00 5931
.7
-304.50 5830
'2695.50 7 5931
0.40 5931
8.20,/' 5931 -ftlr
I.BO 5931
Photo Copies revtsions to PFA Petition
Har 21 91
Photo Caples letters to client and ~agner
Har 21 97 Prothonotary 291 I
r,.ust' FlI"lds disbursed to P,.othonoury for ce~tif'ed
coptes of PFA Order
5931
.4.50
Ac I
.4.50
.
Dfllinger , Dlllln~.r
Clllnt Lldgl.; HATTER: 1.96.57,
H.. 07 1997 TO HI' ,7 1997
PAGE
,
..............-----................................--....----..--...---.--...........--..--..---..--.-----..--.....----.............
t
RECEIVED fROM I PAID TO
EXPLANATION
CHE' I.......... G ENE R A L ..........1 BLD I......... T R U S T ..........1
INY' RECEIPTS DISBS fEES INY RECEIPTS 015BS BALANCE
.......-..-..-----..-----..--...--............--...............................--............................--.......---...........
HI' ,1 97 Prothonotary Z91,
Trust" Fl.Ilda dllburald to Prothonotary to fill PfA
Pltltlon
HI' Z4 97
R,,"lvld fIX fren cl tent
HI' Z4 97 Jilt \/oodlngl Z917
TrUlt fmdl dtsbursed to consuble WOoding. for
sorvl CI of 5ubpolna
Hlr Zb 97
Rec.tved f.. from Mr. Ow.n; received fax from client
Hlr Z7 97
Received fax from Mr. OWIn
.1. Z7 97
Received fIX from Mr. OWen
Hlr Z7 97
Photo Copies litter to clfent
Hlr 07 97 LAIIYER: 1 0.90 Hrl X 1Z0.00
Two telephone calli to client: two telephone calls. t vt ~
to \llgnlr: telephone call to Bom~ -" ~~ el--~ i"\. ""'( ,
lZ 97 LAIIYER: 1 0.10 Hra X 0.00 wI ~rl-"--
TIlephonl cIll to Wlgn.. (NA/NC)
13 97 LAIIYER: 1 0.30 Hn X lZO.OO 7 -:J ~ ~
Telephone call to client
MI' 14 97 LAIIYER: 1 0.40 Hrl X lZO.OO 7
Teleph~ call to client: telephone call to ~agner \
Mlr 16 97 LAIIYER: 1 0.30 Hr. X lZO.OO
Telephone call from client at home
16 97 LAIIYER: 1 0.30 Hr. X 0.00
D.lf~..... to ft l. (NC)
1797 LAIIYER: 1 0.10 Hrl X 120.00
Telephone call to client
MI' 17 97 LAIIYER: 1 0.10 Hr. X 0,00
Two telephone cIlll to ~.gner (HA/Ne)
Mlr 17 97 LAIIYER: 1 0.30 Hr. X lZO.OO ...;;.- .'
Telephone call to client
Mlr 17 97 LAIIYER: 1 0.30 Hr. X 1Z0.00
T.lophOM cIll fren clfent
c.
HI' 17 97 LAIIYER: 1 0.40 H.I X lZ0,DO
Draf~ letter to ~agner
MI' 18 97 LAIIYER: 1 0.30 H.I X 1Z0.00
Draft" revl.lons to PFA Petition ----
MI' ZO 97 LAIIYER: 1 0,30 H.. X 1Z0.00
Telephone cIII to client
Z.OO
Z.OO
@
~
~
0.40
./., C.J-i-R
.....p~
---
. I! . J,t.<..f. ~
.J" C..l-( ./-="'~
rfJ-'~
~
7
5931
5931
5931
5~31
N6 5931
10 5931
5931
108.00 5931
0.00 5931
36.00 5931
48.00 5931
36.00 5931
0.00 5931
lZ.OO 5931
0.00 5931
36.00 5931
36.00 5931
48.00 5931
/..--------
_I _36.00)5931
36.00 5931
'45.50
Ac 1
'50.00
.'
'14.98
Ac 1
.64,9B
.
DI..lnger & Dlsllnger
Clten< Ledger, HATTER: 1.96.572
Mar OT 1997 TO Mar l7 1997
PAGE
3
.......---------.-------------------------------..-........--.....----..................---------.--.........--.-----...---.--....--
DATE RECEIVED FROM I PAlO TO CHE' I.......... G ENE R A L ..........1 BLO I......... T R U 5 T ..........1
EllPLANATIClIl IHV' RECEIPTS 01585 fEES INV RECEIPTS 015B5 BAlANCE
..........................................................................~.~t:..............................................
Mar lO 9T LAWYER: 1 l.20 Hra H 120.00 Lv-'-O ;)- 264.00 5931
Study/Revfew Dameltfc Relationl Order; relelrch PFA; ~
dr.ft rlvl.fons to P'A P.titt.A -----
97 LAWYE~1 1.40 Hra H 120.00
Compute luppar~; draft litter ta cLient; teLeph~~" ~D
cIll ta client; prepare for PfA H..rtng ~
.ar ll'97 LAWYER: 1 1.00 Hra H ll0.00 -
, Study/Revlew'I ie and corrnpordence from el f ent;
"-
draft tetter to Wlgner;,. telephone caL 1 !:~-=-ll.~' ,v
conaultatlon with clfen< ..if v...~
.ar l5 97 LAWYER: 1 0.40 Hra H 1l0.00
Telephone caL 1 from client at home
.ar l6 97 LAWYER: 1 0.10 Hra H 120.00
Study/Review fax from client
Mar l6 97 LAWYER: 1 0.20 Hr' H 0.00
Consultation wtth Attorney Held (Ne)
Mar l7 97 LAWYER: 1 0.90 Hr. H Il0.00
TW2-telephone caLLs to cltent: telephone call to
Uagner: telepnone CA\\ trom client
Mar l7 97 LAWYER: 1 0.30 Hr. H 120.00
Study/Review f!x from Mr. OWen: draft letter to
- client
Mar 21 97 LAWYER: 3 0.90 Hr. H 120.00
Fila PFA Patl<lon
Har l4 97 LAWYER: 3 0.80 Hra X 0,00 ----
, -'
Consultatton with MAO:;study/revlew file (NC): three
'--
telephona caLla to cllen< (NAINCI
.ar lS 97 LAWYER: 3 7.001 Hr. X ll0.00
,
Prepare for "PFA Heerlng: telephon~ call to cl lent:
telephone ca~l trom client: travel
Mar lS 97 LAWYER: 3 3.00 Hr. H 175.00
168.00 5931
120.00 5931
48.00 5931
12.00 5931
0.00 5931
7
~,c..-I.~
? ,I):)
:..---
108.00 5931
Ct;-..
'-- 3~:~ 5931
-
108.00 5931
0.00 5931
7
640.00 5931
7
Appeerance Dt PFA Heering
Mar 26 97 LAWYER: 3 2.00 Hr. H 120.00 W~
------ Study/Review fUel from client and Mr". .owen: .~
telephone call to Legal Services: telephone call
from Legal Services: travel to client's house to ass
tst Hr. Owen with his fHes
Mar l6 91 LAWYER: 3 0.30 Hra H 0.00
, Consultation with Attorney Dissinger (NC)
Har 07 97 LAWYER: 4 0.30 Hr. X 50.00
Consultation with Uagner": delivered Stipulation to
Judge Bayley'S off!ce
Mar 12 97 LAWYER: 4 0.20 Hr. H 50.00
-"1 Draft letter to client
....,
,
I "\.~. / 3 c.o . v'" ,
--- 3 { .../i-., (~l5.0.v 5931
,It~~ (~.~ 5931
lA.J ",.....r .h'i e--.,
0.00 5931
15.00 5931
f
t 1/,1.;_l~ 0'-'
.~
LdJ;-e-- )
l
10.00 5931
.
DI..ing.r & Dissinger
Client Ledger; HATTER: 1.96.5n
Hlr 07 1997 TO Har Z7 1997
11,.1997
PAOE
4
....----..---------------------.-.....-.-..--....-------..-................................----........-----............-.......---.
RECEIVED FROM I PAID TO
EXPLANATION
CHE It I.......... 0 ENE R A L ..........1 BLa I......... T R U S T ..........1
INY It RECEIPTS DISBS FEES INY RECEIPTS DISBS BALANCE
.......--...---...---...--.................--........-..............................................--..............................
'"r 18 97 LAIIYER: 4 0.50 Hra X 50.00
Drift PFA Pltltlon
'"r 19 97 LAIIYER: 4 O.ZO Hr. X 50.00
Drift l.tt.~ to client
'.r Z7 97 LAIIYER: 4 0.70 Hr. X 0.00
organlzl fill (NC)
'"r 11 97 LAIIYER: 5 0.10 Hra X 40.00
Telephone calL to ~.gner'l office
'ar ZO 97 LAIIYER. 5 0.70 Hr. X 0.00
organized file (Ne)
97 LAIIYER. 5 0.10 Hr. X 0.00
Telephone elLL to Woodlngs (NA/NC)
97 LAIIYER: 5 O.ZO Hr. X 40,00
Prepare two StatuteS of Limitations
<Ir ZI 97 LAIIYER. 5 0.10 Hr. X 40.00
- TeLephone call ta client
<ar lZ 97 LAIIYER. 6 O.ZO Hra X 40.00
Yord Processing letter to client
17 97 LAIIYER. 6 0.80 Hr. X 40.00
Yord Processing letter to Wagner
1797 LAWTER: 6 0.30 Hrs X 0.00
Yard Processing memo to file (Ne)
18 97 LAWYER: 6 0.50 Hr. X 40.00
Word Processing PfA Petition /"'"
19 97 LAWYER: 6 0.30 Hr. X 40.00
Word Processing revisions to PFA Petition
19 97 LAIIYER: 6 O.ZO Hrs X 40.00
\lord Processing letter to client
97 LAWYER: 6 0.70 Hr. X 40.00
\lord Processing re~ns to PFA Petition ~
~Ir ZI 97 LAWYER: 6 0.90 Hr. X 40.00
\lord Processing letter, to client and Wagner
Zl 97 LAWYER: 6 O.ZO Hr. X 40.00
\lord Processing rev~ to letters to client
Wagner
~.r Z7 97 LAWYER: 6 0,30 Hr. X 40.00
Word Processing letter to client
-: .' I, d,)-,.:f. ..<-
~'~~'.
ZS.OO 5931
10,00 5931
0.00 5931
4.00 5931
0.00 5931
0.00 5931
B.OO 5931
4.00 5931
8.00 5931
3Z.00 5931
0.00 5931
ZO.OO 5931
lZ.00 5931
8.00 5931
Z8.00 5931
7 __ l.....l--f" Lt=:- . 36.00 5931
I(;~'h/J~ 8.00 5931
and
~.........D..........D=....=CD.=..=...=......=.....=........=.:.........:...:............=..........................................
TOTALS FOR REPORT PERIOD:
lOTALS UP TO ENDINO DATE:
OISBURSEHENTS .
0.00
0.00
ALLOCATIONS.
74.80
In.80
FEES
3141.00
6746.50
lZ.00 5931
RECEIPTS'
3000.00
6350.00
OENERAL BAL. .
Z15.80
520.30 -
TRUST TOTAL
'64.98 ?
146.88
flit)
~.=.......=............c..........................==.........................=:...:.................................................
.} ):. ""
4(77 35'~<:"
Jg0 'fo..'
J 1 \-J
. .'
I~
-- \1)
., 1 \J
1-J~ a
.(j
u.
%tov
c .,..;-'
:
Moy 09 19'IT
Dilling.. , Dllllnglr
Cllent Lodglr: MAlTER: 1.96.572-
Apr 01 199T TO Illy 09 199T
PAGE
DATE
...-------------------------------------.---...--..........---........-..........--.-----------..----..------------.-------..-------
REceiVED FRill I PAID TO
EXPlAlIATlIII
CHE' I'''''''''' G ENE R A L ..........\ ILD 1........0 T R U S T ""''''''1
INV. REceiPTS DISIS FEES INV REceiPTS GISU IAlAlIce
.----..-----..---------------....-..--......................--............---...---..-----..---...---.----..-----..---.---...---..--
CI.lEllT: 5GG. OWIn, Ellen E.
MATTER: 1.96.57l RE: Dlvarce, ItC. .. hourly
Apr Gl '" IILllNG lJl INVOice 5931
FEES 3141.00 GISIS 74,110 RCPTS Z695.50
Apr Ol 97
Recllvod fall f.... LI1III slrvlc..
Apr 03 97 Ellen 0WIn
CLient Plytng Itll
Apt" DT '"
Recelvod fall fr.. cllent
Apr 07 97
Photo Copl.. lettlro to Flrot Nltlonal lank of
Mlryavllle, Hlrrfl Slvlngl link , PSERS.
Apt" 07 97 .
Photo Copt.. letter to Vlgnar
Apr 07 9T
Faxed letter to Yagner
Apr 07 97
Photo tapi.. llttlr to client
Apr 09 97
Photo Copi.. letter to VIgnar
Apr 09 97
Faxed lette.. to ".gner
Apr 10 '" Ellen owon
Client Plying 1111
Apr II 97
Recelvod fall fr.. cllent
Apr 25 97
Recetved fall fr.. cll ent
Mey OT '"
Photo Copi.. to organize file (Nt. III
Mey 08 '"
Photo Copl.. letter. to Ollclpllnary IOlrd, client
and Vlgner
MIY 08 97
Photo Copl.. to organize ffle (NC . 1S1
Apr 07 97 LAIIYER: 1 0.30 Hro X lZ0.00
Drift letter to Vlgoer
Apr 08 9T LAIIYER: 1 0.10 Hr. X lZ0.00
Canaultettan with Vegoer
Apr 15 '" LAIIYER: 1 0.30 Hro X lZ0.00
Telephone cIll fr.. clfent
Apr Z2 97 LAIIYER: 1 0.40 Hro X lZ0.00
Telephone cell to client
RESP. LAIIYER:
0.00
c&?
'35.40
'7
I
1.00
I_~ :3 r
~~G~ O:10J
(ioi' (.
--- (
. 0.50")
'~
~1
;:;) '7
~I
'250.00
7.00
1.00
0.00
1.110
0.00
<1
. Miry A. Ollllnglr
5931
6071
5931
6071
6071
6071
6071
6071
6071
6011
5931
6071
6071
6071
6071
6071
36.00 6071
r7 ____ 1l.oo 6071
,
~ ~ i\~'
36.00 6071
48.00 6071
MIY 09 199T
Dllllngl~ , Dllllngl~
Client lod;or; MATTER. 1.96.572
Ap~ 01 199T TO Moy 09 199T
PAGE 2
DATE
w.~__._.________________________.___..___..____....__.------------------------.-----------------------------------------------------
REa!IVED 'RlIIl PAID TD CHE' I...,mm GEM ERA l .....m..\ BLD 1m...... T R U S T ..........1
I!X9I.A1lATlDM INV. RECEIPTS DISBS FEES IMV REa!IPTS DISBS BAlAlIa!
~:;.~;.;;.~~;;;.;..;:;~.~;:.~.;;~:~...........................:;~.~.~...;;;:~~..~;;.......~.......................
Canoultotl"" with cllont; drift lottlr to Wisner
Noy DT 97 LAIIYER. 1 l.lO Mra X 120.00 ~ J--A.r;/
Stldy/Rovl... Infol'1llltl"" f... clllt\fidroft lottlr I.' ~
to Dllclpllnary Board ~
May oa 97 LAIIYER. 1 0.40 Hra X 12D.OD /f
RecOlllplte ",~rt: draft llttlr to client r ~ ~' I
MIY oa 97 LAIIYER. 1 0.10 Hra X 0.00
Tolephone call to client (MA/NC)
ApI' 01 97 LAIIYER. 3 0.2D Hra X 0.00
TMD tolephone calla to clfent (HA/NC) ./
ApI' 01 97 LAIIYER. 3 D.50 Hra X 120.00 ", ". \.v ~
Tllephone ..ll to client __ \. c)' _ (]
Ap~ 03 97 LAIIYE.. 3 0.70 Hra X 120.00 \25r"./ vr
Tolephone ..ll fl'Dll cl lent 'i '/ J ,)
Apr 14 97 LAIIYER. 3 0.40 Hra X 120.00 - - \ vJ~W ,;r.
Tolephone ..ll fr.. clfont \ ~ .
Ap~ 07 97 LAIIYER: 4 0.20 Hra X 50.00 . ,. _/1 V .
Draft lottl~ to clfent ~~ .
Apr 07 97 LAIIYER: 4 D.6O Hr. X 50.00
Droft lottera to Firat Mltianol Bank of Mlryavllle.
Hlrria Sevlnga Bank, and PSERS
Ap~ 09 97 LAIIYER: 4. O.lO Hra X 5D.00
Draft letter to VIgner
Apr 01 97 LAIIYER: 5 0.10 Hra X 0.00
Tolephone call to Judgo Hoffer (HAIHC)
Ap~ 02 97 LAIIYER: 5 0.10 Hra X 40.00
Tolephone call to Judge Hoffer's office
Ap~ 07 97 LAIIYER: 5 0.20 Hrs X 40.00
Tolephone ..Il to Harrll Slvlnga Blnk;
call to PSERS
ApI' 07 97 LAIIYER: 5 0.10 Hr. X 40.00 1
Prepare Statute of LI.itatlons
Ap~ 09 97 LAIIYER: 5 0.10 Hr. X 0.00
Tolephone ..ll to client (HAIHC) _. f 1 ./"'
Ap~ 09 9T LAIIYER&lO Hra X ~ n.. I ~ (jO./".........
Telephone ..ll to client ........ fU' '\ ~
Ap~ 10 9T LAIIYER: 5 0.10 Hra X 40.00 ~ J .
Tolephone ..ll to client
Ap~ 14 97 LAIIYER: 5 0.20 Hra X 40.00
Telephone call to Harri. SaYings: telephone call to
PSERS
May 07 97 LAIIYER: 5 0.40 Hra X 0.00
Orsonhed file (HC)
{ ~H(rI-I-rc::
I ~ \t' .
/Jt\~~
~~ ~ ";'i-"~
telephone ' '\vM 'bcVr" v
J'~~
,W
"1
'46--cF'
144.00 6011
48.00 6071
0.00 6071
0.00 6011
6O.0D 6011
84.00 6071
48.00 6071
10.00 6011
3D.00 6071
10.00 6071
0.00 6071
4,00 6071
8.00 6071
4.0D 6071
0.00 6071
B.OO 6071
4.0D 6071
8.00 6071
0.00 6071
.
Hay 09 199T
DI'llnger , Dillinger
ClIent Ledglr: MATTER: 1'96.57Z
Apr 01 1997 TO Hay 09 1997
PAGE
3
OAT!
_______.______..______________________.................___e..........__.____.___....____.._____._______.___.________________________
RECEIVED fROM / PAID TO
EXPLANATIOM
CHE' I.......... G ENE R A L .........., BLO I......... T R U S T ........--1
INY. RECEIPTS OISBS fEES INY RECEIPTS OISas BAlANCE
...-.-----------------------...-.-..-.-..-.----....-.....--..-.-.---.--.----.------..--..-----....---------------------..-.---------
Hay 08 9T !AlITER: 5' 0.20 Hra X 0.00
Ol'1lanlt.. fll. (NC)
Hay 08 9T !AlITER: 5' 0.20 Hra X 40.00
Prepor. Statuta of LI.ltatlons: tllephona call to
client
Apr 0797 !AlITER: 6 0.20 Hra X 40.00
Vord Proc..alng lattar to client
Apr 07 97 !AlITER: 6 0.60 Hra X 40.00
Yord Proc..alng lanlra to FIrat NatIonal Bank of
Haryavllla, Harrla Slvlngl Bank, and PS~RS
Apr 07 97 !AlITER: 6 0.20 Hra X 40.00
Vord Proc,,"lng lettlr to Vlgner
Apr 09 97 !AlITER: 6 0.20 Hra X 40.00
\lord Procultng letter to "Igner
HlY 08 97 !AlITER: 6 0.50 Hre X 0.00 . ... ..:..1--'
Vord Proc,,"lng -. to '.t.le (NCJ..---:~ ~L
Hey 08 97 !AlITER: 6 1.70 Hra t(Q~ _ 3-1J:N1"'~tlIJ'J~
Vord Proc,,"lng latt.1's-t6' Olsclpl fnary Board,
client and v.B/1Or
Hay 05 9T fEES TO !AIITERC:!J 1.
Intlr..t chlrged on unpaid balance through 05/05/97
HlY 09 97 BILLING OM IHVOICE 6071 0.00
FEES 861.52 OISBS 21.70
---
.
--
---.......~....==-......a........_......_.__
TOTALS fOR REPORT PERIOO:
TOTALS UP TO ENDING DATE:
DISBURSEMENTS +
0.00
0.00
fEES.
861.52
7608.02
ALLOCATIONS +
21.70
145.50
0.00 6071
8.00 6071
8.00 6071
24.00 6071
8.00 6071
8.00 6071
0.00 6071
68.00 6071
3.52 6071
6071
.............-
-
RECEIPTS .
285.40
6635.40
GENERAL BAL.
597.82
1118.12
TRUST TOTAL
0.00
146.lllI
........................................................................................................................------ -----
-- REPORT SELECTIONS --
REPORT: ClIen~ Ledge..
DATE: Frl HIY 09 11:52:36 1997
MATTER: 1.96.57Z
CLIENT:
LAWYER: ell lewyers
SEARCH ICEY:
STARTING DATE: 970401
EHOING DATE: 970509
ACCQJNTlNG ONLY OR TRUST ONLY: no r..trictlons
TOTALS ONLY: No
-'
PAGE
, 19 1997
Dllling.r & Dissinger
Cll.nt Ledger: HATTER: 1.96.57Z
UP TO F.b 19 1997
'E
......-....--..---..-----.--........---...--..........--.---...---....-.............---...---.--...--.-----------...-.............
RECEIVED FROM I PAlO TO
ElIPLANATlON
CHE' 1..-....... G ENE R A L ..........1 BLO I......... T R U S T ..........1
INV. RECEIPTS OISBS FEES INV RECEIPTS OISBS BALANCE
......--.......--....---..--..............--..............................................................--......................
:ENT: 500 - Owon. Ellen E.
'TER: 1'96.5TZ. RE: Divorce, etc. .. hourly
, 03 96 Ell on Owon
Retafne,..
,0596
Photo Copt.. len.r to cl lent
, 06 96
Photo Copies Divorce Complaint
, 06 96 Ellon Owon
Retainer
, 06 96 Ellen Ow.n
Trust Funds received from cl f Int
'750.00
-1Z50.00
, 06 96
Photo Copies Emergency petition for Special Relief
,0696
Fixed ~rgfncy Petition for Special Relief to
client
o 06 96 Reverstng entry 1250.00
Retainer
-0 06 96 Ellen OWen (transferred from retainer)
Trust Funds received from cl lent
'0 09 96
Photo Copies for fll.
'v 18 96
Photo Copi es research
'c 18 96
Received fax trom clfent
In 7.791 Dissinger & Ohslnger 7.850
Trust Funds disbursed to Otssinger & Dissinger
ln 27 97 EIl.n Ow.n .'250.00
Retainer
In 27 97
Photo Copies Emergency Petition for Special Relief
In 27 97
Photo Coplea memo to tile (He.. 1)
,b 03 97
Photo Copies letter to client
,b 04 97
Photo Copies revisions to letter to client
.b 07 97
Photo Copies Emergency Petition fol'" Special Rellet
'.b 07 97 BILLlHG ON INVOICE 5751
FEES 1887.00 OISBS 20.50 RCPTS 1907.50
.b 07 97 BILLING ON INVOICE 5751 -92.50
RECEIPTS CARRIED FOR~ARO
RESP. LA~IER:
. Mary A. OI"Inger
5751
0,90
5751
2.70
5751
5751
5751 500.00
At 1
500.00
2.10
5751
5.00
5751
5751
5751
1250,00
Ac 1
1750.00
1.10
5751
0.80
5751
1.00
5751
5751
. 1250,00
Ac 1
500.00
5751
3.80
5751
0.00
5751
0.20
5751
0.20
5751
Z.70
5751
0.00
5751
..J
Dllling.r & Dissinger
clIont ledger: HATTER: 1.96.5n
UP TO Fob 19 1997
PACE
l
...~..._...--_._--------------_._-_.._.....__.._---_..._--_....._.....__..._...-.......-..._~......_---_........-----------...---.-
RECEIVED FROM I PAID TO
EXPLANA nON
tHE It I.......... C ENE R A l ..........1 BlD I...,..... T R U S T ..........1
INV It RECEIPTS DISBS FEES (NV RECEIPTS DIS8S BALANCE
............--...-...................--....................................................................-..........--.......--..
ob 07 97
Photo Copll' lltt.~ to Sheriff
ob 17 97
Photo Copll' letter to Uagnlr
.b 18 97
faxed letter to ~agn.r
ob 18 97
Photo Copt.. litter to client (NC - 5)
op D3 96 LAWYER: 1 l.ID Hra X ll0.00
Consultation with client; two telephone calls to
clfent: telephone call to Domestic Retatlons
:op 05 96 lAWYER: 1 0.10 Hra X 0.00
retephone call to accountant
;op D5 96 LAIIYER: 1 1.3D Hra X Il0.DD
Telephone call from client: draft revisions to
Emergoncy Petftfon for Specfol Relief
;op D6 96 LAWYER: 1 0.70 Hra X Il0.DO
Draft revisions to Emergency Petition for Special
Relief: two telephone calls to client
lop 07 96 lAWYER: 1 D.30 Hra X Il0.DD
Telephone call from client at home
lop D9 96 LAIIYER: 1 0.3D Hra X D.DD
Draf~ memo to file (NC)
IIp 1D 96 LAWYER: 1 D.30 Hra X 1l0.DD
Telephone call to Brown
lop 19 96 LAIIYER: 1 D.3D Hr. X Il0.0D
Telephone call to client
Jct l8 96 LAIIYER: 1 0.10 Hr. X 0.00
Telephone call to client (NAINCl
Oct 2B 96 LAWYER: 1 D.60 Hr. X 120.DD
Consultation with client: research
~ov 18 96 LAWYER: 1 0.8D Hra X Il0.DO
Telephone call from client
~ov ZD 96 lAYYER: 1 0.30 Hra X 120.DD
Telephone call from ctient
Ooc lD 96 LAWYER: 1 0.30 Hr. X 120.DD
Telephone call from client
Dec 13 96 LAWYER: 1 D.3D Hra X Il0.DD
Telephone call from client
Jon l4 97 LAYYER: 1 1.60 Hra X 120.DO
Study/Review PSERS pamphlet and various notes from
client: study/review case law and support: draft
revisions to Emergency petition for Special Re lief
Jon l7 97 LAWYER: 1 0.3D Hr. X 1l0.DD
Telephone call to client
O.lD
D.40
Il.DO
0,00
25l.00 5751
O,DD 5751
156.00 5751
84.DD 5751
36.0D 5751
0.00 5751
36.DD 5751
36.DO 5751
O.DO 5751
n.OD 5751
96.00 5751
36.0D 5751
36.DO 5751
36.00 5751
In.DD 5751
36.DO 5751
o 19 1997
DII,inger & Dillinger
CII.nt Lodger; HATTER: 1.96.HZ
UP TO Feb 19 1997
PA~E
3
.IE
.............--..........-........................................................................................--......---...--
REceiVED ,ROH I PAID TO
EXPLANATION
CHE' I.......... ~ ENE R A L ..........1 BLD I......... T R US T ..........1
IHV. RECEIPTS DISBS FEES INV RECEIPTS OISBS BALANCE
........-----.--...--....................--...................................--.................................---..............
,n Z7 97 LAINER: I 0.30 Hr. X lZ0,OO
Tel.phone call frlllll client
" 03 97 LAINER: I 0.50 Hr. X lZ0,OO
Drift lItter"' to cl hnt
" 06 97 LAINER: 1 0.80 Hr. X lZ0.00
consultation with client
,b 07 97 LAINER: 1 0.80 Hr. X lZ0.00
Draft revillons to Emergency Petttton far Special
Rell,f: draft lItter to Sheriff; instruction
,b 13 97 LAINER: I 0.10 Hr. X 0.00
Two telephone calla to client (NAINC)
w 18 96 LAINER: 3 Z,OO Hr. X 90.00
Rellareh
.b 07 97 LAINER: 3 1.50 Hr. X lZ0.00
Filed Divorce Complaint and Emergency Petition for
Special Relief
<0 05 96 LAuTER: 4 1,10 Hr. X 50.00
Oratt Divorce Complaint: draft Petition for Special
Relief; draft letter to client
"ep 04 96 LAuTER: 5 0.10 Hr. X 40.00
Pr~are Statute of Limitations
, ;ep 06 96 LAUTER: 5 0.30 Hr. X 40.00
Photocopy and conform Divorce Complaint
. ;ep 06 96 LAINER: 5 0.10 Hr. X 40.00
Prepare Statute of Limitations
, ;ep 06 96 LAUTER: 5 0.30 Hr. X 40.00
Photocopy and conform Emergency petition for Special
Relief
'0. ZO 96 LAUTER: 5 0.10 Hr. X 40.00
Prepare Statute of Limitations
lec 16 96 LAuTER: 5 Z.40 Hr. X 0.00
Organized file (NC)
lee 1796 LAINER: 5 Z.70 Hr. X 0.00
Organized file (NC)
Jan Z7 97 LAINER: 5 O.ZO Hr. X 40.00
Photocopy and conform Emergency Petition for Special
Rolf ef
Feb 07 97 LAINER: 5 0,30 Hr. X 40.00
Photocopy and conform Emergency petition for Special
Relief
Feb 17 97 LAuTER: 5 0.10 Hr. X 40.00
Prepare Statute of Limitations
Feb 18 97 LAuTER: 5 0.10 Hrs X 40.00
Telephon. call to Sheriff's offtce
36.00 5m
60.00 5751
96.00 5751
96.00 5751
0.00
180.00 5751
180.00
55,00 5751
4.00 5751
lZ.00 5751
4.00 5751
lZ.00 5751
4.00 5m
0.00 5751
0.00 5751
8.00 5751
n.oo 5751
4.00
4.00
.'
f.b 19 1991
Dillinger & Oisling.r
Cllen' Ledger; HAIlER: 1-96.571
UP 10 feb 19 1991
PAGE
5
...-..................---..--.......................................................................................................
...........-.....--....---.---.....................--...............................................................................
RECEIVED fROM I PAID 10
EXPLANATION
CHE. I.......... G ENE R . L ..........1 BLD I......... I R U S I ..........,
INV. RECEIPTS DISBS fEES INV RECEIPTS DISBS BALANCE
DATE
... REPORT SELECTIONS ...
REPORT' Cllen' Ledger
DATE' Wed fob 19 08,56,34 1991
HATTER' 1.96.57Z
CLIENT,
LAWYER, all l.wvers
SEARCH KEY'
STARTING DATE: nod.,.
ENDING DATE' 910219
ACCOUNTING ONLY OR TRUST ONLY: no r..'rle,tons
TOTALS ONLY' No
--~
iii ~ 0
stF!E
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lUll
L
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"
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. .,
. '
~
. .
1//(y18f-
ELLEN OWEN IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. NO. 97-621 CIVIL TERM
DONALD B. OWEN IN DIVORCE
Defendant
/) (Z1r:'r< N (l/I~o r
PRB-TRIAL STATBMBNT 01' PP~IIWII'I' PURSUANT TO
RULE 1920.33(8)
1. Personal Data:
A. Husband's Date of Birth: February 23, 1942
B. Wife's Date of Birth: June 2, 1945
C. Date of Marriage: November 7, 1964
D. Date of Separation: June 22, 1996
2. List of Marital Assets:
A. Marital residence at 105 Mountain View Drive, Enola,
Cumberland County, Pennsylvania. Appraised at
$122,000.00 on April 23, 1996; with the unpaid mortgage
being $67,000.28 as of June 12, 1998. - Wife is in
possession and resides in the home.
B. Portable TV with VCR - $500.00 (Husband).
C. TV - $890.00 (Wife).
D. CD Player - $500.00 (Wife).
E. 45 Record Collection - Value unknown (Husband).
F. Franklin Mint Car Collection - $600.00 (Wife).
G. Living Room Sofas - $$1,500.00 (Wife).
H. 3 lamps - $140.00 (Wife).
I. Coffee Table - $100.00 (Wife).
J. VCR Unit with portable camera - $1,000.00 (Wife).
..
K.
Living Room TV - $289.00 (Wife).
.:
.
L. Rocking Chair - $125.00 (wife).
M.
Recliner - $300.00 (wife).
.
N. Bookcase - gift from son (wife).
O. Dining Room - $1,800.00 (wife).
P. Son's bedroom furnishings - $400.00 (wife).
Q. Corner Hutch - $189.00 (wife).
R. Chairs - $342.50 (wife).
S. copy machine - $2,400.00 (Husband)
T. Law books, various years - $4,000.00 to $6,000.00
(Husband)
U. Bookcase - $179.00 (Husband)
v. Copier Cabinet - $150.00 (Husband).
W. 1986 cadillac - demolished in 1987 with all the insurance
proceeds of $3,000.00 plus going to wife.
X. 1987 Jaguar - value now $2,50000 (HUsband).
Y. Lazy Boy Recliner - $550.00 (wife).
Z. Recliner - $100.00 (wife).
AA. Couch - gift from friend (wife).
BB. original Living Room suit - $300.00 (wife).
CC. Table - $582.00 (wife).
.
DO. Lamps Gifts from son (Wife).
EE. Main bedroom - $1,000.00 (wife).
FF. Box Spring mattress - $450.00 (wife).
GG. Chair - $150.00 (wife).
.
2
HH. Kitchen Table - $135.00 x 4 (Wife).
II. computer - $500.00 (Husband).
JJ. Chair desk - $55.00 (gift from son to Husband)
KK. Third Bedroom - $400.00 (Wife).
LL. Personal Note from Brian Gross - this is completely
unknown to Husband since Mr. Gross died in March of 1996.
MM. KEOUGH account at Harris Savings $22,847.74 (unsure of
value on separation date.
Husband's IRA at
January 2, 1998
separation).
00. Joint savings account currently having a balance of
$2,766.00 was used for purposes of paying Wife's medical
bills and two payments for June and July on the jointly
owned BMW.
Marysville Bank - $42,141.07 as of
(unsure of exact value at date of
NN.
PP. Personal note from Eric Owen - $10,000.
QQ. Stock in Marysville Bank - estimated $3,200.00 (Wife).
3. Home/Office:
A. Sofa - $1,000.00 (Wife) .
B. Desk - $350.00 (Wife) .
C. IBM - $6,178.00 (Wife).
D. Desk, chairs - wife's gift from neighbor.
E. Desk - $250.00 (Wife) .
4. List of Non-Marital Assets:
A. Husband's home at 83l wertzville Road, estimated value at
$91,000.00.
B. Wife's care - October 1997 - value unknown to Husband.
3
C. 1991 Husband's Chevy Van - $8,600.00.
D. Husband's couch - $1,000.00
5. EXDerts Testifyina: No experts will be called to testify.
6. All other testimony bY witnesses: N/A.
7. Exhibits: None at this time.
8. Gross income of the Parties: Husband's gross income is
approximately $80,000 to $90,000 for 1997.
9. Counsel Fees: Paid by Husband to Husband's current counsel.
10.
Any DisDuted Items: The amount on Husband's
accounts are subject to audit and can easily
the time of any hearing.
Marital Debts - Mortgage on the marital home.
.
clients escrow
be provided at
11.
12. ProDosed Resolution:
A. Husband proposes that because of the Wife's inability to
obtain a mortgage and her track record of
irresponsibility, the home be sold and the proceeds be
split 60/40 in favor of Wife.
The pension of Husband should be split pursuant to
the formula of King v. King and Braderman v. Braderman.
B.
4
C. Husband does not believe that alimony is appropriate in
light of the misconduct of the Wife.
13. Miscellaneous Provisions:
A.
The Husband has been paying $2,500.00 a year for the
parties son to go to college which includes $431.00 a
month towards a 1989 BMW that the son drives as well as
insurance costs.
.
B. Wife should be accountable for the value of the money she
received when she wrecked the Cadillac in 1986.
.
4
2
THE MASTER: Today is Tuesday, April the 6th,
1999, This is the date set for a hearing in the
above-referenced divorce proceeding to take testimony on
the factor of marital misconduct as that factor may affect
wife's alimony claim and the allegations of dissipation of
marital assets.
Present in the hearing room are the plaintiff,
Ellen E. Owen, and her counsel of record, Robert J.
Mulderig; and the defendant, Donald B. Owen and his
counsel, P. Richard Wagner,
MRS. OWEN: May I make a statement? He is not
my counsel of record. Matt McClenahan is. He never
entered an appearance. I checked yesterday.
THE MASTER: Mrs. Owens indicated that Mr.
Mulderig is not her, quote, counsel of record, end quote,
averring that Mr. McClenahan --
MR. MULDERIG: May I make a clarification for
the record?
THE MASTER: Just a minute -- is her counsel of
record. Mr. McClenahan was an attorney, in an associate's
position, with the Law Office of Ron Turo where Mr.
Mulderig is also an attorney. Consequently, Mr.
McClenahan's entry of appearance would bind the firm as
counsel for Mrs. Owen; therefore, although Mr. Mulderig is
not specifically the attorney who began representation in
3
that firm, he is nevertheless a member of that
organization,
Now, Mr. Mulderig, do you want to make any
statement about that issue?
MR. MULDERIG: Mr. McClenahan was a member of
our firm, who left our firm to take a clerkship with a
judge,
At that time, as is the policy in our firm,
clients are given the opportunity of either remaining with
our firm or going elsewhere. I was not told at that time
that she wanted to go elsewhere; that developed later.
And, no, I did not put a formal appearance in because I
did not think it was necessary. The firm had already put
in an appearance, and I never do when it is other
attorneys in the firm who have entered the appearance for
the firm.
MRS. OWEN: I was told that it was procedure
that you should put your appearance in.
THE MASTER: Mrs. Owen filed a divorce
complaint on February 7, 1997 raising grounds for
irretrievable breakdown of the marriage and indignities.
Mrs. Owen has indicated to the Master that she
will not sign an Affidavit of Consent to conclude the
divorce under Section 3301 (C) of the Domestic Relations
Code agreeing to the entry of a divorce decree.
4
Mrs, Owen, is that a correct statement?
MRS. OWEN: Yes. I'm trying to protect the
interests of my children since my husband is planning to
remarry shortly. And I don't want his new wife coming in
because she's a greedy person, according to her husband.
MR. MULDERIG: Mrs. Owen, the signing of the
consent is the admission of the grounds for divorce, that
there is
MRS. OWEN: I'm not going to consent to it.
He's made me wait this long; he can wait long.
MR. MULDERIG: I will advise you, ma'am, that
if you, as the plaintiff, do not sign a consent, there is
case law saying that the divorce can be dismissed.
If I am not correct, the Master can correct me
on that, but that is my understanding of the law.
MRS. OWEN: And if you're supposedly
representing me, why are you saying that? Mr. Wagner
should be saying that.
THE MASTER: There's a problem, Mrs. Owen, that
you should be aware of that. If you refuse to sign an
Affidavit of Consent you can jeopardize your alimony
pendente lite payment. Do you understand that?
MRS. OWEN: And what I'm doing at the same time
is increasing my -- I don't have no income.
THE MASTER: Are you getting payments from your
5
husband?
MRS, OWEN:
THE MASTER:
Late, yes.
Are you getting payments from your
husband?
MRS. OWEN:
THE MASTER:
they're right or not?
MRS, OWEN: Well, I got hit with $200 a month
Yeah, but they're not right,
What are you getting, whether
fine,
THE MASTER: What are you getting paid --
MRS. OWEN: I should be getting well over
$1,100 to $1,200 every two weeks.
THE MASTER: And you're not getting that?
MRS. OWEN: No, I'm not, because he's been
cheating.
THE MASTER: What does the Court tell you you
should be getting?
MRS. OWEN: The Court believed that the figures
he threw at him -- we have not seen a tax return in two
years.
THE MASTER: So the Court's order is based on
erroneous information. Is that what you're saying?
MRS. OWEN: Yes, it is, We have not seen a tax
return in two years. He keeps getting extensions.
THE MASTER: You understand whatever he's
6
paying you, whether it's based on correct or faulty
information, you could jeopardize by not agreeing to sign
a consent to a divorce. Do you understand that?
MRS. OWEN: I don't see why.
THE MASTER: Because that's what the law is in
Pennsylvania.
MRS. OWEN: He has jeopardized my health for
the last three years, and the Court doesn't seem to care
about that, do they. I can't even get my medication.
Your memo indicated that he should be paying my medical
bills,
THE MASTER: Not my memo. Apparently there's a
court order that says he's to pay --
MRS, OWEN: And you reiterated it in your
memo.
THE MASTER: That's correct.
MRS. OWEN: And he still has not paid me or
reimbursed me. I had to go pay a bill from 1996.
MR. WAGNER: Where are we going with this? I'd
like to make some progress.
MRS. OWEN: Well, you haven't done anything.
Where's the contempt of court order that I requested my
attorney for six months to make?
THE MASTER: Mrs. Owen, we're going to proceed
here,
7
MRS, OWEN: We're an attorney, we don't do
those things,
THE MASTER: You have discussed this case with
Mr. Mulderig?
MRS. OWEN: No.
THE MASTER: You haven't?
MRS, OWEN: Mr. Mulderig has absolutely no
interest in the case.
THE MASTER: He is not interested in it.
And do you feel you want to get yourself
another attorney?
MRS. OWEN: I can't afford another attorney. I
owe him $1,600 more dollars.
THE MASTER: Do you want Mr. Mulderig to
represent you in this proceeding?
MRS. OWEN: I told you, only if he could do it
fairly and take the time and look at it. He considers it
too much paperwork to go through to analyze.
THE MASTER: Did you hear Mr. Mulderig
indicate, in the conversation before we started, he feels
that your relationship with him is jeopardized; that
perhaps the two of you can't work together?
MRS. OWEN: I was not consulted who was going
to be my attorney when Matt left. Matt knew that Mr.
Mulderig and I did not meet eye to eye on my appeal
8
visit.
THE MASTER: Mr, Mulderig, what is your
position with being able to have a viable relationship to
represent her?
MR, MULDERIG: I think the record, what has
been said in here, when I tried to advise her of
something
MRS. OWEN: I am listening to you.
MR. MULDERIG: -- and was commented that it was
wrong for me to do that, that Mr. Wagner should be doing
it, shows that there can be no relationship at this
point.
MRS. OWEN: What does that buy me? Do I still
get support? I have to pay tax on that support. I don't
have money to pay tax on that support, I got taxes due on
my house.
He hasn't advised me what that gets me.
THE MASTER: Do you feel you can continue to
represent Mrs. Owen? And are you prepared today to go
forward with the issues before the Court?
MR. MULDERIG: No.
THE MASTER: Why are you not prepared today?
MR. MULDERIG: I was told by Mrs. Owen a couple
of months ago that she was going to get another attorney.
MRS. OWEN: I did not say that. I said I spent
9
$15,000 plus your fee today, and I am not going to spend
anymore, That's the average cost of divorce.
THE MASTER: Have you tried to contact her to
come in and talk to you about the case?
MR, MULDERIG: Yes.
THE MASTER: Has she cooperated with you in
preparing the case?
MRS. OWEN: He has not contacted me about the
case in any way except to send me a monthly bill.
THE MASTER: Mr, Mulderig, is it your position
that you would like to withdraw as counsel?
MR. MULDERIG: I see no other point at this
time. At the proceedings that we are at, no matter what I
do, no matter how well I do it, it will not be
satisfactory, and it will just muddy up the record.
She has put on the record enough that she does
not trust me.
THE MASTER: Mr. Wagner, what's your position
on Mr. Mulderig being able to withdraw?
MR. WAGNER: We're going to object to his
withdrawal because we believe that representation by legal
counsel is vitally important to insure the orderly
processing of this particular matter; to make sure that
the necessary documents are filed; and to make sure the
evidence is presented in the appropriate fashion. So
10
~
~
t
we're going to object if the attorney attempts to
withdraw.
-
THE MASTER:
Do you, most likely, Mr. Mulderig,
intend to file a petition with the Court to withdraw?
MR, MULDERIG: I will file a petition with the
Court to withdraw.
THE MASTER: Mrs, Owen, I feel it is important
that you have representation.
MRS. OWEN: I can't afford it, and I can't go
to Legal Aide.
THE MASTER: And I don't feel we're in a
position that we can proceed because there are some
matters that apparently you are not prepared to offer
evidence on in these proceedings.
MRS. OWEN: Like what?
THE MASTER: There are witnesses you talk
about. The witnesses aren't here, for instance.
Mr. Wagner, do you feel we can go ahead with
her on a pro se basis today? What is your position on
that?
MR. WAGNER: Well, if she desires to do that
after the relationship with her and current counsel is
ascertained, then that's her choice. But at this
particular juncture, she has counsel of record and we
think in order to ensure the orderly processing of this,
11
that counsel should remain. And that's why we object.
We also do so with the understanding that
todayos hearing was a part of the overall process in that
there was only one or two minor issues going to be heard
today, and we'd ultimately have to come back at a later
date for the entire Master's hearing.
So our comments are made with the understanding
that it will not be delayed beyond the schedule that
otherwise would be heard for purposes of the Master's
Hearing.
THE MASTER: I will then give you a date for
another hearing, which we would have had to do in any
event because the case would not have been completed
today.
MR. WAGNER: And that will be to consider all
issues?
THE MASTER: We'll handle all issues at that
time, unless I find that there's going to be extensive
testimony and a large number of witnesses on the marital
misconduct.
MRS, OWEN: I would prefer not to embarrass my
husband for the record.
THE MASTER:
MRS. OWEN:
Well, that will be up to you.
I think he's hurt the family
enough.
12
THE MASTER: That will be up to you and your
counsel to decide what you're going to do with that issue
of marital misconduct, Mrs. Owen. But presently Mr.
Mulderig isn't able to go forward with your representation
based on the problems that you've had in communicating
with each other.
MRS. OWEN: There was no problems in
communicating with each other.
THE MASTER: Have you been in to see Mr.
Mulderig?
MRS. OWEN: Mr. Mulderig never called for an
appointment. I had to call him. And I had to take my
psychologist with me in order to try and get a contempt of
court order so I could get some medication, that I can't
afford, and his insurance doesn't cover.
THE MASTER: Mr. Mulderig, would you put on the
record what efforts you've made to contact Mrs. Owen in
order to be able to represent her in these proceedings.
MR. MULDERIG: Last meeting we had, we had a
discussion. I told her and she said she was dissatisfied
with me. I said that she should talk to Mr. Turo about
it. She refused to do that.
MRS. OWEN: I did not. I asked to have Mr.
Turo at that meeting, and that's when I called for the
appointment. Mr, Turo was not available. And when I
called you again to set up an appointment, he said he's
here in the office -- I want to clarify this.
THE MASTER: Let Mr. Mulderig --
MRS. OWEN: And I was not going to discuss my
personal issues over the telephone,
THE MASTER: Mr, Mulderig, will you proceed,
What other efforts?
MRS. OWEN: He didn't make them, I did.
MR. MULDERIG: Any time that Mrs. Owen and I
have met in the office, the conversations have not gone
well.
MRS. OWEN: Yes, I do work, And I work 37 and
a half hours a week at 7,25 an hour, and it costs $7 to
park.
THE MASTER: Did you have your secretary
attempt to contact Mrs. Owen?
MR. MULDERIG: The last time was when I
received a letter from Mr. Wagner and told her to forward
that letter to her with a note on it to please call to
discuss, and I heard nothing further.
MRS. OWEN: I didn't get any -- I didn't get
anything.
THE MASTER: Mrs. Owen, what is your address
currently where you're living?
MRS. OWEN: I don't really live there. I
13
t
,
,
14
care-take the premises. 105 Mountain View Drive,
THE MASTER: Enola, And you're care-taking the
premises, You don't live there?
MRS, OWEN: Yeah.
THE MASTER: Where are you living?
MRS, OWEN: Where I live is my matter, as it is
his. I live with no one,
THE MASTER: I didn't ask you whom you lived
with.
MRS. OWEN: As far as you're concerned, it's
105 Mountain View Drive for several hours in the evening,
THE MASTER: And, Mr. Owen, you're living at
821 Wertzville Road, Enola?
MR. OWEN: Yes, sir.
MRS. OWEN: No, He lives at 708 North Front
Street with his whore -- excuse me -- troll. We'll clean
it up,
THE MASTER: Do you have anything else you want
to say before we conclude?
MRS. OWEN: Yes. I'd like to get this divorce
over. I'm tired of the delay tactics. I have tried to be
nice with Mr. Wagner through my attorneys -- through my
previous attorney. And it's all been a game, right down
to the very end, and I'm tired of the game.
I know I am not well. I have lupus, and stress
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 621 CIVIL
ELLEN E. OWEN,
Plaintiff
DONALD B. OWEN,
Defendant
IN DIVORCE
RE:
Pre-Hearing Conference Memorandum
DATE: Friday, October 2, 1998
Present for the Plaintiff, Ellen E. Owen, is
attorney Robert J. MUlderig, and present for the Defendant,
Donald B. Owen, is attorney P. Richard Wagner.
A divorce complaint was filed on February 7, 1997,
raising grounds for divorce of irretrievable breakdown of the
marriage and indignities. Counsel are going to check with their
clients to see if both will sign affidavits of consent and
waivers of notice of intention to request entry of divorce
decree. Mr. Wagner indicated that his client will sign an
affidavit; Mr. Mulderig is not certain if his client will
consent. consequently, if Ms. Owen will not sign an affidavit
of consent Mr. Wagner is going to file an affidavit under
section 3301(d) of the Domestic Relations Code. Mr. Wagner has
pointed out that because of the fact that wife is the Plaintiff
in the divorce action and is the one who has requested and is
receiving alimony pendente lite, that should she choose not to
file an affidavit of consent, she may jeopardize her rights to
receive alimony pendente lite. To that end, husband may file a
petition requesting the court terminate the alimony pendente
lite.
The complaint raised economic claims of equitable
distribution, alimony, alimony pendente lite, and counsel fees
and expenses. With respect to the factor of marital misconduct
as that factor may affect the alimony claim of wife, Mr. Wagner
has indicated that there may be some issues regarding wife's
alleged dissipation of assets and there also may be some
misconduct testimony which either party may wish to offer.
Consequently we will schedule a separate hearing on the
misconduct and dissipation issues.
The parties were married on November 7, 1964, and
separated June 22, 1996. They are the natural parents of two
emancipated children although both of the children are
completing their college education.
Wife is 53 years of age and resides at 105 Mountain
View Drive, Enola, Pennsylvania, where she lives alone. She is
a high school graduate and has approximately a year of college
credits. Currently she is working part-time for the
Commonwealth of Pennsylvania in the Department of Corrections.
A 1997 gross income was reported in the pre-trial information at
$11,459.00. Wife is directed to file a current income and
expense statement. Mr. Mulderig indicates that his client has
Lupus, suffers from chronic depression, and is taking
medication. She is currently receiving $1,030.00 every two
weeks as alimony pendente lite from husband. Wife is also
covered under husband's health insurance plan and the court has
directed husband to reimburse wife for 93% of her unpaid medical
expenses. The Master has raised some concerns about the status
of wife's insurance coverage upon the entry of a divorce decree.
Counsel are requested to provide information to each other and
to the Master as to what will occur and the costs of medical
insurance coverage to wife if she does not have her own
insurance available when the parties are ultimately divorced.
Husband is 56 years of age and resides at 821
Wertzville Road, Enola, Pennsylvania, where he lives alone.
Husband has a JD Degree and is a licensed real estate broker.
He is currently employed as an attorney with the Pennsylvania
School Boards Association and does some part-time practice. He
reported a net income of around $5,000.00 per month when the
ali~ony pendente lite order was entered. Husband has not raised
any health issues. Husband is directed to prepare and file a
current income and expense statement.
The parties own real estate at 105 Mountain View
Drive, Enola, Pennsylvania, which was appraised on April 3,
1996, at $122,000.00. The mortgage payoff is around $64,000.00
and counsel are requested to provide an updated payoff statement
at the time of the hearing. According to Mr. MUlderig, wife has
been making the mortgage payments which mayor may not include
the taxes and insurance. Mr. Wagner suggested that at one time
wife was not keeping the mortgage payments current. However,
counsel should check with the mortgagee to determine the status
of the payment and whether or not the taxes and insurance are
paid in order to protect the property.
The parties owned a 1986 Cadillac which wife
apparently demolished in an accident and for which she received
$3,000.00 in proceeds. Husband has a 1994 Jaguar which is a
marital asset and which he values at around $2,500.00.
There are two notes which have been listed on the
pre-trial statements payable to either or both of the parties.
A note from son Erik for $10,000.00 apparently involves some
transaction arising out of the payment of monies from an estate.
Mr. Owen has indicated that he does not know anything about a
note from Brian Gross for $7,800.00. The Master has requested
that the party who has possession of any notes provide a copy to
opposing counsel and to the Master.
Husband is vested in a pension plan with the
Pennsylvania school Boards Association and counsel can determine
whether they want to go to the expense of having the pension
valued or whether they can agree to handle the distribution of
the pension through a QDRO. Husband also has a KEOUGH with
Harris savings and an IRA with Marysville Bank and current
statements can be provided on those accounts. Husband claims
that wife had an IRA which she cashed in and we need to know
when that was cashed in and the amount of money received by
wife.
There was a joint savings account and husband
claims that the $7,000.00 in the account was spent on son John's
car and other expenses for John.
The parties own Marysville Bank stock and that has
a value of around $3,200.00.
with respect to the household tangible personal
property, counsel are going to determine whether each party may
retain the items in his or her possession without using any
values in an equitable distribution computation. If, however,
that method of settling the household tangible personal property
issue is not acceptable, then most likely the property in each
parties' possession will have to be appraised, specifically the
items on which the parties cannot agree to value.
Except for the mortgage on the marital real estate
the parties have not reported any marital debt.
A hearing on the factor of marital misconduct, if
counsel wish to offer testimony on that factor, and also on any
allegations regarding dissipation of assets is scheduled for
Thursday, December 24, 1998, at 8:30 a.m. Notices will be sent
to counsel and the parties.
A hearing is scheduled on the rema~n~ng issues
involving identification and valuation of assets and the factors
dealing with equitable distribution and alimony and the claim
for counsel fees for Tuesday, April 6, 1999, at 9:00 a.m.
Notices will be sent to counsel and the parties.
E. Robert Elicker, II
Divorce Master
cc: Robert J. Muderig
Attorney for Plaintiff
P. Richard Wagner
Attorney for Defendant
ELLEN E. OWEN.
Plaintiff
IN TilE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 97 - 621
:
vs.
CIVIL ACTION - LAW
DONALD B. OWEN,
Defendant
: IN DIVORCE
ORDER AND NOTICE SETTING nEARING
TO: Ellen E. Owen
Robert J. Mulderig
, Plaintiff
o counsel for plaintiff
Donald B. Owen
P. Richard wagner
, Defendant
, Counscl for Defendant
You are directed to appear for a hearing to take
*
testimony on the outstanding issues in the above captioned
divorce proceedings at the office of the Divorce Master, 9 North
Hanover Street, Carlisle, pennsylvania on the 24th day
of
December
, 1998, at
8:30
a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
president Judge
Date of Order and
Notice: 10/2/98
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTIl BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY BAil ASSOCIATION
2 LI BEIlTY AVENUE
CAIlLISLE. I'A 1/0\.\
TEl.EPHONE ('11'1) .'4'1 \lhb
* Testimony will be limitcd to thc factor of marital misconduct
as that factor may affcct wifc's alimony claim and any allcgations
regarding dissipation of assets.
ELLEN E. OWEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
: NO. 97 - 62 1
vs.
CIVIL ACTION - LAW
DONALD B. OWEN,
Defendant
IN DIVORCE
ORDER AND NOTICE SETTING HEARING
TO: Ellen E. Owen . Plaintiff
Robert J. Mulderig . Counsel for Plaintiff
Donald B. Owen , Defendant
P. Richard Wagner . Counsel for Defendant
You are directed to appear for a hearing to take
testimony on the outstanding issues in the above captioned
divorce proceedings at the Office of the Divorce Master, 9 North
Hanover Street, Carlisle, Pennsylvania on the 6th day
of April . 1999, at 9:00 a.m., at which
place and time you will be given the opportunity to present
witnesses and exhibits in support of your case.
'J0
, rge E. ~loffJr, President Judge
Date of Order and
Notice: ln/7/qR
. .
By:
Divorce Master
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
ClJMBEIlLAND COUNTY BAil ASSOCIATION
2 LIBEIlTY AVENUE
CAIlLISLE, PA nOI.!
TELEPIlONE ('117) 24'),llhh
~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
ELLEN E. OWEN,
plaintiff
VS.
DONALD B. OWEN,
Defendant
CIVIL ACTION - LAW
NO. 97 - 621 CIVIL
19
IN DIVORCE
STATUS SHEET
~:
ACTIVITIES:
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Cb~t1
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lOt
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preheari.ng he1.d.
Hearing on marital misconduct and
10/2/98
an aile ations of dissi a"ion of ass~ts s~t for 12/24/98
at 8:30 a.m.
Hearing on remaining issues set for
-----------
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'*
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 Norlh Hanover Street
Carlisle. PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorce Masler
Tr.cl Jo Colyer
Office ManagerlRepor1er
West Shore
697-0371 Ex!. 6535
Mary A. Etter Dissinger
Attorney at Law
DISSINGER & DISSINGER
28 North 32nd Street
Camp Hill, PA 17011
April 20, 1998
P. Richard Wagner, Esquire
MANCKE, WAGNER, HERSHEY
& TULLY
2233 North Front Street
Harrisburg, PA 17110
RE: Ellen E. Owen vs. Donald B. Owen
No. 97 - 621 civil
In Divorce
Dear Ms. Dissinger and ~lr. Wagner:
By order of Court of President Judge George E. Hoffer
dated April 8, 1998, the full-time Master has been appointed
in the above referenced divorce proceedings. (I note that the
motion was filed in the Prothonotary's Office on April 14,
1998.)
I am addressing this correspondence to counsel of record.
Mr. Turo's name appears on the motion for appointment of Master
as attorney for the Plaintiff; however, attorney Dissinger has
not withdrawn her appearance and Mr. Turo has not entered his
appearance. I will send a courtesy copy of this letter to Mr.
Turo inasmuch as his name does appear in the file.
A divorce complaint was filed on February 7, 1997,
raising grounds for divorce of irretrievable breakdown of the
marriage and indignities. The complaint also raised the
economic issues of equitable distribution, alimony, alimony
pendente lite, and counsel fees and expenses.
I am going to proceed on the assumption that grounds for
divorce are not at issue; however, if there is an issue with
respect to obtaining the consents of both parties or the parties
have not been separated in excess of two years, please advise
immediately and I will schedule a hearing on the grounds of
indignities.
'*
~
OFFICE OF DIVORCE MASTER
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanover Street
Carlisle, PA 17013
(717) 240,6535
,
E. Robert Elicker, II
Divorce Master
Tracl .10 Colyer
Oflice Manager/Reporter
West Shore
697-0371 Ex!. 6535
Matt McClenahen, Esquire
LAW OFFICES OF RON TURO
32 South Bedford Street
Carlisle, PA 17013
April 29, 199B
P. Richard Wagner, Esquire
MANCKE, WAGNER, HERSHEY
& TULLY
2233 North Front Street
Harrisburg, PA 17110
RE: Ellen E. Owen vs. Donald B. Owen
No. 97 - 621 civil
In Divorce
Dear Mr. McClenahen and Mr. Wagner:
I am writing in response to Mr. Wagner's letter of April
28, 1998, wherein he requests additional time to file pre-trial
statements because discovery is not complete, including
outstanding interrogatories. Although Mr. McClenahen objects to
any extension for the filing of pre-trial statements, Mr.
Wagner's request is reasonable and I am withdrawing the
directive to file pre-trial statements on or before Friday, May
15, 1998. I am directing, therefore, that pre-trial statements,
in accordance with P.R.C.P. 1920.33(b), be filed on or before
Monday, June 29, 1998. Upon receipt of the pre-trial
statements, I will immediately schedule a pre-hearing conference
with counsel.
Very truly yours,
E. Robert Elicker, II
Divorce Master
ELLEN E. OWEN,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VS.
97 - 621 CIVIL
.
.
NO.
DONALD B. OWEN,
Defendant
IN DIVORCE
.
.
~OTICE OF PRE-HEARING CONFERENCE
TO: Matt McClenahen
, counsel for plaintiff
P. Richard wagner
I counsel for Defendant
A pre-hearing conference has been scheduled at the
Office of the Divorce Master, 9 North Hanover street, carlisle,
pennsylvania, on the 2nd day of october, 1998, at 9:30 a.m., at
which time we will review the pre-trial statements previously
filed by counsel, define issues, identify witnesses, explore the
possibility of settlement and, if necessary, schedule a hearing.
Very truly yours,
Date of Notice: 7/14/98
E. Robert Elicker, II
Divorce Master
Matt McClenahen, Attorney for plaintiff, filed a pre-trial
statement on June 29, 1998.
P. Richard Wagner, Attorney Defendant, has not filed a pre-trial
statement as of the date of this notice.
(') Ul r'
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ELLEN E. OWEN.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYLVANIA
: NO. 97-621 CIVIL TERM
v,
DONALD B. OWEN.
Defendant
: IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on
I ' 19.LJ
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of the filing of the Complaint.
3. I consent to the entry of the final Decree in Divorce after service of Notice
of Intention to request entry of the decree.
1.
--k..'?:o
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT
ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN
ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
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ELLEN E. OWEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-621 CIVIL TERM
: IN DIVORCE
v.
DONALD B. OWEN,
Defendant
PETITION TO CORRECT QDRO
AND NOW, comes the Plaintiff, Ellen E. Owen, by and through her counsel,
Robert J. Mulder/g, Esquire and petitions this Court to sign the Amended Qualified
Domestic Relations Order attached hereto and states:
1. On December 1,1999, this Honorable Court signed a Qualified Domestic
Relations Order in the above-captioned case.
2. Through typographical error, the addresses and Social Security numbers
in such QDRO were incorrect.
3. The attached Qualified Domestic Relations Order has been amended to
include the correct addresses and Social Security numbers.
4. The Defendant and his counsel are aware of the problem and concur in
this amendment.
WHEREFORE, Plaintiff respectfully requests this Honorable Court to sign the
attached Amended Qualified Domestic Relations Order.
Respectfully Submitted
TURO LAW OFFICES
/;ZhJ/75
Date'
c;3J~f ~fbPA I
Robert J. Mulderig, squire ;]
,
32 South Bedford Street
Carlisle, PA 17013
(717) 245-9688
Attomey for Plaintiff
i
r
c
C.ERTIFICA TE OF SERVICE
I hereby certify that 1 served a true and correct copy of the Petition to Correct
QDRO upon P. Richard Wagner, Esquire, by depositing same in the United States Mail,
first class, postage pre-paid on the 23rd day of December, 1999, from Carlisle,
Pennsylvania, addressed as follows:
P. Richard Wagner, Esquire
Mancke, Wagner, Hershey & Tully
2233 North Front Street
Harrisburg, PA 17110
TURO LAW OFFICES
~//!/I~
Robert J. ~Iderig, Esquire
32 South Ifedford Street
Carlisle, PA 17013
(717) 245-9688
Attorney for Plaintiff
ELLEN E. OWEN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 97-621 CIVIL TERM
v.
DONALD B. OWEN,
Defendant
: IN DIVORCE
AMENDED QUALIFIED DOMESTIC RELATIONS ORDER
The Qualified Domestic Relations Order signed on December 1, 1999 is hereby
amended to read:
The parties have reached an agreement as to the division of a certain Profit
Sharing Keogh Plan in which Donald B. Owen is a participant:
It is hereby ordered, adjudged and decreed that a division and disposition of the
retirement benefit plans identified below shall be and is made according to the
provisions of the Domestic Relations Law of the Commonwealth of Pennsylvania and of
~401(a)(13) and ~414(p) of the Internal Revenue Code of 1996 as amended
(hereinafter referred to as the "Code"), relating to Qualified Domestic Relations Orders
as follows:
1. The Court finds and concludes that Donald B. Owen (hereinafter referred
to as the "Participant") is a Participant and has an interest in a Keogh account with
Harris Savings Bank, Retirement Identification Number: 400041300 (hereinafter referred
to as the "Plan").
2. Ellen E. Owen (hereinafter referred to as the "Alternate Payee") is a
former spouse of Participant and is hereby designated as an Alternate Payee of
Participant's interest in an account under the Plan pursuant to ~401(a)(13) and ~414(p)
of the Code, and to the extent provided in this Qualified Domestic Relations Order.
3. It is hereby ordered that the Alternate Payee shall have and receive, and
the plan administrator and/or trustee of the Plan are directed to pay to the Alternate
Payee the Participant's entire account under the Plan promptly at the execution and
entry of this Qualified Domestic Relations Order. If directed by the Alternate Payee, the
plan administrator and/or trustee of the Plan are hereby authorized and directed to pay
the Single Sum Payment to the Alternate Payee's Individual Retirement Account or
account under an employer's qualified plan as applicable.
4. In event of the Participant's death prior to the Alternate Payee's receipt of
the Single Sum Payment pursuant to paragraph 3 above, the Alternate Payee shall be
treated, in accordance with ~414(p)(5) of the Code as the surviving spouse of the
Participant for the purposes of and under the Plan with regard only to the unpaid
amount. if any, of the Single Sum Payment.
5. The name and last known mailing address of the Participant is as follows:
Donald B. Owen, 708 North Front Street, Wormleysburg, Pennsylvania 17043. The
Participant's Social Security Number is 054-34-7008.
6. The name and last known mailing address of the Alternate Payee is as
follows: Ellen E. Owen, P.O. Box 371, Summerdale, Pennsylvania 17093. The
Alternate Payee's Social Security Number is 201-34-4529.
7. The Plan to which this Qualified Domestic Relations Order relates is the
Keogh account with Harris Savings Bank, Retirement Identification Number:
400041300.
8. Nothing in this Order shall be construed to require the Plan to provide any
type or form of benefit, or any option, not otherwise provided under the Plan or to
provide benefits to the Alternate Payee in an amount that exceeds the amount of
benefits the Plan would be required to pay with respect to the Participant as the Order
did not apply. Except for the interest awarded herein to the Alternate Payee as an
Alternate Payee, this Qualified Domestic Relations Order shall have no affect on the
Participant's remaining interest in an account under the Plan or his/her future interest in
the account under the Plan. The Alternate Payee shall not be entitled to the
Participant's interest in the Plan that is already required to be paid to another Alternate
Payee under another Domestic Relations Order previously determined to be a Qualified
Domestic Relations Order; however, the Participant has presented that no such
previous Qualified Domestic Relations Order exists.
9. The Alternate Payee shall notify in writing the plan administrator and/or
trustee of the Plan of any changes in his/her mailing address.
10. It is the intention of the Alternate Payee and the Participant that this Order
shall qualify as a Domestic Relations Order within the meaning of ~414(p) of the Code
and ~206(d)(3)(B) of the Employee Retirement Income Security Act of 1974, as
amended (hereinafter referred to as "ERISA"), and that whenever the provisions hereof
are inconsistent with the definition of a Qualified Domestic Relations Order as may be
contains from time to time in the Code or ERISA, this Order shall be amended from time
to time, as may be necessary, to comply with the requirements for Qualified Domestic
Relations Orders under the Code and ERISA or regulations promulgated thereunder
and to cause this Order to be accepted as a Qualified Domestic Relations Order by the
plan administrator of the Plan. The court retains jurisdiction to amend this Order to so
comply.
11. It is hereby ordered that a true copy of this Qualified Domestic Relations
Order be served upon the plan administrator and trustee of the Plan of this Qualified
Domestic Relations Order shall be binding on the plan administrator and the trustee
according to the laws of the Commonwealth of Pennsylvania, the Code and ERISA.
The Participant and the Alternate Payee are ordered to comply with the terms and spirit
of the Qualified Domestic Relations Order.
12. The Court further retains jurisdiction to supervise implementation of this
Qualified Domestic Relations Order and those provisions of the parties' decree in
divorce regarding division and disposition of the Participant's interest in an account
under the Plan and to enter such orders hereafter as may be required to implement fully
this Order and any subsequent orders of the Court regarding the Plan.
So ordered this 2-1
day of
I~~
,1999.
BY THE COURT,
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