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Home My WebLink About97-01124 III ~ ~ o ~ If .> ~ IE ~~ ! \. " ... ) /' ;r ,. i I~ I 7":1 . .~1 .. ; I (j I 1 ':)....~..' ~ . - . ...... , t' <3'- <' C r- .-- " :"0: .,.., ; .~ n " ~',/' . , :;::j- cn '- -< r.:.:L .- >:~~. . :;; ?: ~ ~':? . I ~ .'l; v-' '< , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA "' , PHYLLIS E. THOMAS, I plaintiff I I CIVIL ACTION - LAW v. I IN DIVORCE I GUllI&."'} CRAIG A. THOMAS, I NO. 97- /IJY Defendant I NOTICB TO DBFBND AND CLAIM RIGHTS YOU HAVE BBEN 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONB THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Court Administrator One Courthouse Square, Fourth Floor Carlisle, Pennsylvania 17013 (717) 240-6200 ~O~ William C. Vohs, Bsquire Attorney for Plaintiff ~~CC* C") r:, c. f'; ~ '=:" [pr~j .:::- 'f; ,;,..l!}, <:J !'-..., -: ~r" , Cij ',. 1 ','r, 0(:. 1\., "- ',.... ~ .b, : ,.~, ~C\ -. ..;.:,'> -c. - ;:;:(~J - '\J ~.--: - Cjiq =0 .'\) :~-t ,1. "<; .::- -<, -- , v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97-1124 CIVIL TERM CIVIL ACTION.LAW IN DIVORCE PHYLLIS E. THOMAS, Plaintiff CRAIG A. THOMAS, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on March 4, 1997. 2. Defendant acknowledges receipt and accepts service of the Complaint on March 6, 1997. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. II 6. I understand that I will not be divorced until a Divorce Decree is entered " by the Court and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and I understand that I may request that the court require counseling. I do not request that the court require counseling. II I! Ii \i I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. II Ii ).2 Ii Date: / - - 2 c'C' C) II II II II I 0~ // 7k:~~-r-<2 < Craig A. Thomas (") <::l 0 c: 0 " ~ :z: -, l.J fj~ 0 , .,OJ lJJI-- '::.: ,0- Z~-;. I '," -:-"(" ..., "J.E"' N .or -" '-('"; r:::t:; :n- .' -I. " ;' [.~;. :t.c :2; , ~C; - -:'"rn - '-' c:: " -., ~ N L- :-.r: ,J:- -< ! I /") ~ 0 C. l,:l :~ '" '" '1":rjO .rJ ~~!:..; ,.., "t:i 'i~ ~ , f\J I,).. 8$ , ..-::>;:. - ! i , ! ':'. ::::J, .!i~ '."" ' ~ i . ~ r...,- _.(~ - 6 i - " i ''-. :..> Ii ! '-< t-.) 1 , ) ( ( FH.F.f) {."r:CE or: .~"'J)rl'JlY 99 ~tr 2;, IiH 9: 25 CU"" ,.. .. , ._, ".I'Y 'hll~..I". ; <oj r.~~'v,~1 Fb\; ';.)",'L\/'i"!, \ - IJJ ,-. ~ M E;; C"": .. '!5 ... o~ ~9 - - uZ: r~ :c !'1: ,<== :.>i .1~ j:" ~:~ ~c u. N J..-:- o. ii~ cell. ~ 'I W F en ..... Lt. a- :3 0 a- u .- .< 01 CERTIFICATE OF SERVICE I hereby certify that on February q , 2000, I, Jennifer S. Lindsay, secretary to Michael A. Scherer, Esquire, did serve a copy of the Praecipe For Equitable Distribution, by first class U.S. mail, postage prepaid, to the party listed below, as follows: Rebecca Hughes, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 ~ ' . iJ1 J, n ,cb1,~ . . PHYLLIS E. THOMAS, Plaintiff INTHE COURT OF COMMON PLEAS OF ~/)U,661/ CUMBERLAND COUNTY, PENNSYL VANIA '/ f- v. : NO. 97-1124 CIVIL CRAIG A, THOMAS, Defendant : IN DIVORCE PRE-TRIAL STATEMENT AND NOW, comes the defendant, Craig A. Thomas, by and through his attorneys Irwin, McKnight & Hughes and files this Pre-Trial Statement as required by Rule 1920.33 of the PA Rules of Court, setting forth as follows: I, MARITAL ASSETS: See Inventory and Appraisement attached as Exhibit "A." II, EXPERT WITNESSES: A. Experts may be involved for the valuation of the Defendant's pension, residences and other tangible pcrsonal propcrty. III. WITNESSES: A. Craig A. Thomas: will testifY as to the marital assets exiting at the time of separation and the other factors affccting distribution. B. Defcndant reserves the right to call additional witnesses as needed. .. INVENTORV & APPRAISEMENT Item Description Names of Number of ProDertv Value 1111 Owners LIen I. Marital Residence $135,000.00 Joint $60,000. approx 1602 Newville Road Carlisle, P A 17013 2. 1987 Ford Aerostar Wife 3. 1989 Ford Tempo Wife 4. Pop-up camper (Palamino) Joint 5. 1995 Ford Ranger $800.00 TIV Husband 6. CFCU Checking Acct $550.00 Husband 7. CFCU Savings Acct $145.55 Husband 8. CFCU Christmas $423.34 Husband 9. CFCU Savings Acct $6000-$12,000 Wife 10. Retirement Savings $22,964.00 Husband II. Pension $44,548.00 approx. Husband 12. IRA $1,581.66 Wife 13. Furniture/Appliances in marital home Wife " DEBTS I. MBNA $1516.00 Joint Paid by Husband 2. Craig's Parents $5400.00 Joint 3. Angela Student Loan $6,000.00 (approx) Joint 4. Home Equity Loan $3,000.00 (approx) Joint Paid by Husband Exhibit "A" hllp ;,,\~ \W ,~lll (l.spnlll.~tln\l\,,'r\'Il'(/p.lyrnll. \\' ,,'h.\i1\'ll ... Sprint I Print this Page I SignOfl I Help I Print Preview/Save WEB Advice I. V~~~"",H}~~cry I Deposit Delall IGo 08/04/2000 I A639496 1 1632.00 I 998.59 I G ORGANI7.ATION 't:MPI.nn:E I'AY l't:RlllIl 10 10. I:NDlNG 1'12 IH2463331 07/2912000 NAME ORGANIZATION: THOMAS.CRAIG A ADDRESS: GROSS PAY DEDUC110NS CURRENT I H32.0ll H3J.4 1 YEAR TO DATE I 29796.00 CIIECK cm:CKlAIl\'ln: Ilt:Ilt:ILIIJST.\TE I 1l,ln: NIIMIlER (,Ollt~~ 1~1.II1_~TIlI' OH1ll4/2000 AH3941J6 I ~II om IPACARBIll19 UNITED TELEPHONE.I'ENNSYL VANIA 301 NEALY ROAD NEWVILLE I'A 17241.9471 GROSS TVI'E OF ITAXABLE WAGE TVPE OF PAY 1I0URS DEDUCTION CURRENT Y.T.D AMOUNT REGULAR 8IJ.Oll 1832.00 FLX CREDITS .JH4.H3 .5772.45 LIFE INS IN 7.05 MEDICAL 422.75 6341.25 I DENTAL 15.HH 23H.20 I VISION CARE 9.55 143.25 I EMP LIFE 17.H3 267.45 AD&D .88 13.20 FICA IOH.93 1777.59 1756.99 MEDICARE 25.4H 415.73 1756.99 RSP DEDUCTN 54.96 H77.03 FEDERAL TAX 2ll\.94 3334.09 1702.ll3 LOCAL TAX #1 18.32 301.12 1832.llll I STATE TAX .PA 49.00 799.85 1749.94 DEI' LIFE 167 55.05 WAGE AlTACH 283.38 6394.16 #1 WAGE AlTACH 5.67 95.66 FEE I GARNISH 30.92 FEE/26 I LOCAL TAX #2 JO.OIl .. TOTAL .. 1 H32.00 I I I ASOF 07/29/2000 I I VACAVAIL 1156.00 I V AC USED 44.00 I I FLOAT ll.oo ~ AVAIL FLOAT USED 4H.00 .. TOTAL" 833.41 8/4100 9;30 AM PHYLLIS E. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vi. : NO. 97-1124 CIVIL CRAIG A. THOMAS, Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Mark D. Schwartz, Esquire, hereby certify that on this date a true and correct copy of the foregoing document was served upon the attorney for Plaintiffs by first-class United States Mail, postage prepaid in Carlisle, Pennsylvania 17013, addressed as follows: Michael A. Scherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, PA 17013 Date: Augustfi, 2000 Mark D, Schwartz, Esquire Attorney ID # 70216 Attorney for Defendant 60 West Pomfret Street Carlisle, P A 17013 (717) 249-2353 MSCIIWARTZlfAMIL YfTHOMAS-1'LEADlNOSiTltOMAS PRE.TRJAl Sf ATEMf..'i i i I t l ~ I' I . ~I ~tV1L PHYLLIS E. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. CRAIG A. THOMAS, Defendant No. 97-1124 CIVIL TERM IN DIVORCE WIFE'S PRE-TRIAL STATEMENT PURSUANT TO Pa,R.C.P. 1920.33(b) The parties were married on December 2, 1972. Husband is 48 years old. Wife is 47 years old. The parties have three children together: Angela, who is 24 years old; Timothy, who is 21 years old and Jaclyn who is 17 years old. The parties separated on April 11 , 1997. The divorce complaint was filed by Wife on March 4, 1997, and Wife will consent to a divorce. 1. Assets: Asset Value 1. Marital residence 1602 Newville Road Carlisle, PA $120,000 The value of the home comes from a market analysis which Wife had done on the home in connection with her decision regarding whether to sell the home or refinance the mortgage in her name alone. The balance of the mortgage loan on the marital residence in January, 1997 was $61,079.31. The balance of this loan on December 31, 1997 was $60,388.10. The balance of the mortgage loan on the marital residence in January, 1999 was $59,481.05. The balance of this loan on December 31, 1999 was $58,547.52. Copies of the statements from Mercantile Mortgage are attached hereto reflecting these amounts. I . " and spousal is $411.00 per month. 6. Expenses: Wife will complete and Income and Expense Statement in preparation for the Master's hearing in this case. 7. Value of pension: Wife had a retirement benefit from the Big Spring School District, and when she left her position with Big Spring, she rolled the retirement into an IRA with Minnesota Mutual. The Minnesota Mutual account statement for 1997 shows a beginning balance of $1,581.66. The Minnesota Mutual account was eventually rolled into a Prudential Account, and the Prudential Account was then rolled into an account with NAS in the form of a Roth IRA. The NAS statement is attached hereto and shows a 1999 year end balance of $1 ,471.78. Wife became employed at Cumberland County in January, 1997, approximately three months prior to the date of separation. Her Pension Benefit Statement from Cumberland County is attached hereto, and it indicates that the date of participation is January 13,1997. Wife is now participating in the deferred compensation plan with Cumberland County, although she believes she began participating after separation. Wife will confirm her date of participation. -' Husband has been employed at spri~ since July 31, 1972. Husband has amassed considerable pension benefits as a result of his lengthy servica at Sprint. Husband has two retirement accounts with Sprint. Husband has a retirement plan offered by Sprint which has been valued by Pension Appraisers, Inc, and as of February, 1999, the value of that pension was $44,548.34. Husband also has a voluntary retirement savings plan with Sprint. The last statement wife has from this account is for the period ending September 30, 1997. The September 30, 1997 balance on the account was $22,964.81. Wife does not have a statement reflecting the date of separation balance on this account nor does she have a present statement as to the accounts' value. 8. Counsel fee claim: Neither party is making a claim for counsel fees. 9. Tangible property: concerned. Nothing substantial in dispute as far as Wife is 10. Marital debts: None remaining except for mortgage on marital residence. ~ o.p.rtm.nl 01.... Tf.Uury - Ina.rml R.~.r.J' S'N~' For", 1 040 u:s. Individual Income Tax Return For the ear Jan I.Dec 31,1999, or other lax Your fino! H.me MI lnl H.m. lRS tn. on! - 00 nol wnle Of' Ita I, in hi 'pau. OWJ No. 154$.(l(l74 y.., IKllllanrttJ HIIftbtr CARLISLE PA 17013 ~ Do you want $3 to go to thiS fund? ................................................ If a 'oint return, does our S ousftwan! $3 to 0 tu thiS fund? ..,,,.................. 1 Single 2 Married tiling Joint raturn (even If only ona had Income) 3 Marned filing separate return. Enter spouse's SSN above & lull name here ... ~ 4 Heed of household (WIth qualifying person). (See Instructions.) Uthe qualifying person Is a child but not your dependent, enter this child's name here. . . ~ OJell .n widower with de endent child ear ouse died. 19 ee Instructions. You..eU. If your parent (or someone else) can clelm you as a dependent on his or } N.. of"," r--l her tax return, do not check box 68 .....,.....,.......................,.......... 1:'.'.II.'::.,...L-!J SOUl' .......,.........................,...,................................. No.""" (2) (4) ......... Dependent's (3) Dependent's II .....: C!J sociel security reletionshlp ......""'" - 0..... 1 number to you IofChila tal .,.Y....... u.&1 (1M . .. lot lwe Instruction, ... p' dl. to dlvorco.,H,. CJ .,.to. (He I..nef...) .. 1loJo..- .Ik... r-1 :::-..... ..l--J .,.. ....n dTetal number of exem liens claImed ....... .................... ....................... ;:~.::. .... 7 Wages, selarles, tipS, etc. Attacl1 Form(s) W.2 ........................................ 7 18 81 TlXeblolnterest. Attech Schedule B If required.. . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. 81 b TIX-oxomptlnterest. Do nol include on line 8e ............. 8b 9 Ordinary dividends. Attach Schedule B II required. . . . . . . . .. . . . . . .. . . . . . . . . .. . . . . . . . . . . 9 10 Taxeble refunds, credlls, or offsels of state end local Income taxes (see instructions) ..... 10 11 Alimony received .................................................................. 11 12 BUSiness Income or (loss). Attach Schedule C or C.EZ . . . . . . . . .. . . . . . .. .. . .. . . . . . . . .. .. 12 13 Capital gain or Ooss). Attech Scl1edule 0 II required. If not required, check here.... ~ 0 13 14 Other gains or (losses). Attach Form 4797 . . . .. . . . . . . . . . . . . . . .. . . . . . . . . . . . .. . . . .. . .. .. 14 151 Total IRA distributions..... ~I I b Taxable amount (see Inslrs) .. 15b 161 Total pensions & annuities. 00 b Taxeble amount (seelnstrs) .. 16b 17 Rental real estate, royallles, partnerships,S corporations, trusls, etc. Attech Schedule E .. 17 18 Farm Income or (loss). Attach Schedule F . ... .......... .............................. 18 19 Unemployment compensation............. ..... . ......... .... ....................... 19 201 Soclalsecunl, ben.lI\! ..... W I b Taxable amouol (see Instrs) .. 20b 21 Olher IOcome List tll"' & amount (seo instis) 21 22 Add the amounls In thelar rl ht colum~ iO;i,~es 'I thriiu h21.-Thisls -our toT.il;ciimo-~ 22 23 IRA deduction (see Instructions). .......................... 23 24 Student loan Interest deduction (see InstructIOns) . . . . . . . . . .. 24 25 Medical savings eccount deduction. Attach Form 8853 . . . . . .. 25 26 Moving expenses. Attech Form 3903....... ............. ... 26 27 One.hell 01 sel'.employment tax. Attach Schedule SE ... . . .. 27 28 Self.employed health Insurance deduction (see Instructions) . 28 29 Keogh and self.employed SEP and SIMPLE plans.......... 29 SO Penalty on eerly withdrawal 01 savings. . .. . . . . . . . . . . .. . . . .. SO 311 Allmon, paid b Reclplenl~ SSN . . .. ~ 31. 32 Addllnes2llhroughlla ................................................... ............. S2 33 Subtract line 32 from line 22. This Is our Id ustld rosslncom...................... ~ 33 BAA For DlsclosUII, Privlcy Act, end Plperworl< Reduction Act Notice, soolnstructlons. FOI....0I12 11116199 Llbsl ('S.. inllndonl,) Usotho IR511bel. Otherwise, please print or type. PmldonUel Election Campaign ('S.. InItNc:tiom.) Filing Stltus Check only one box, Exemptions If more than six dependents, see instructions. Income Altlch Copy B of ~our Fonns W.2 Ind W.2G hOIl. Also Ittlch F ormes) 1099-R If tlX WI' withheld. If you did not get a W.2, see instructions. Enclose, but do not staple, any payment. Also, please use Form 1040.v. Adjustsd Gross Income . 1999 PHYLLIS It. JOint R.lJm, SPOUU'I Ftnt N,mII E .. THOMAS llltN,m. 200-36-8204 ""H" locIaI 10"",- N....' Home Addt... (,.,mbo, .nd 11r..I). II You Hav.. P.O. Bo., 8u Inltruc:bonl ....p.m.n1No. . Importlntl . You must enter YOLW social seCU'11y number(s) above. V.. No X 1602 NEWVILLE ROAD City, Town Of PM1 Offic.. If You Ha.... . FOfllQn Mdtlll, S.. InltNcbonl. Stitt ZIP Code N"':Cl>o<kino 'Vn' wiI nol Mang. )'CU 1.. Of NClJc. )'OUI"~' 5 60 b c Depondonts: First name JACKLYN THOMAS Last name 193-62-0062 Dau ter 18 861. 1 61. Fonn 1040 (1999) , Form 1040 To and Credit. Standard Deduction lor Most PlOpla Slnglo: $4,300 Hood 01 hau.ohold: $6,350 Morrlod II ling 101nUr. or OJahlytng wldow(er): $7,200 Merrled f,hng .eporetely: $3,600 Other Toes Payments Rsfund Have It dlrecUy deposited! See instructions and fill In 66b, 66c, and 66d. Amount You Owe Sign Here Joint return? See Instruct'ons. ~ Keep a copy for your records. ~ Paid Preparer's Use Only 1999 200-36-8204 34 Pa e 2 18 861. . PHYllIS E THOMAS' 34 Amount 'rom hne 33 (adlustod gross Income) ...................................... !Sa,Check 'f: 0 You were 6510lder, 0 Bhnd; 0 SpOU'" was 6510lder, 0 Bhnd. Add the number of boxes checked above and entor the total hero. . . ~ 35. b 'f you are married filing separately and your spouse itemizes deductions Dr you were B duel.status alum, see instructions and check here. .... .. . ... 3Sb D 36 Enler yourltlmlzed dlductlon. ~om Schedule A, I,ne 28, Or ,tondord deduction shown on tl1e len, But see ,nstructlOns to find your slandard deduclion " YO'J ellecked any box on lIne 350 or 35b or If someone can claim you os a dependent. ....,.... m Subtract hne 36 from line 34 sa If hne 31 II $94,915 or I..., mulllply $2.150 bylhe 10Lal number of "emplionl c131med on hn. Gd. If hn. 31 is over $94,915. see the worksheet in the instructions ror the amount to enler . . . . . . . . . . . . . . . . . . . . . . . S9 T..ablllncoml. Subtract line 381rom hne 37. II hne 38,s more tl1an I,ne 37, enler .0. .... 40 TII (Ieelnslrs). Oieck If any lalli hom a 0 Form(l) 8lI11 b 0 Form 1912 ... .. 41 ClId,I for ch,ld .nd dependent care 'ljIenses. Mach Form 2441 41 42 Cred,tlor tl1e elderly or tl1e disabled. Ahach Schedule R . 42 43 Ch,ld tax credit (sea Instruct'ons)...................... 43 44 Educalion credits, Attach Form 8863... . .. .. . .. .. .. . . . 44 45 Adopllon credit. Attaell Form 8839.... . .. ... . . .. . . . .. . ... .. 45 46 Foreign tax cred,t. Attaell Form 11161f required...... . . .. . .. 46 47 Otl1er. Check II ~om.. a BForm 3000 b OForm 8396 c 0 Form 8801 d Form (specify) 47 48 Add Iin.. 1111vough II. These an your lobi credlll ........... . . . . . . .. . . . . . . . . . . . . . . . . . . . . ... 48 49 Subtract hne 48 from hne 40. II line 48 Is more tl1an line 40 enter .0. . . .. 49 50 S.If.employmenlla1 Attach Schedul. SE...... ..... .. .. . .. .. ....... ... . ............... .. ..... 50 51 Allematlve minimum tax, Attach Form 6251 .. ........ ..... .. .................... . ..... 51 52 Soclallecurllyand Medlcar. tax on lip Incom. nol reported to employer. Altach Form 1131 ................. 52 53 Tax on IRAs, otl1er relirement plans, and MSAs, Attaell Form 5329 If required............ 53 54 Advance earned Income credll payments trom Form(s) W.2 ........................,." 54 55 Household employment taxes. Attach Selledule H . . . . . . . . . . . . , , , . . , .. .. . . . . . . .. , . . , . .. 55 56 Addlin..19.5~ Thllll urlobllll....................................................... 56 S1 F ederallncome tax wltl1held ~om Forms W.2 and 1099 . . . . .. S1 1 01 9 . 58 1999 ..timatld I.. paym.nls and amountappllld from 1998 relurn .. ...... 58 59. Elm.d Incomeeredlt. Altach Schedul. EIC If you have a qua!lf~ng child. bNontaxable earned Income: amount. .. 780. and type ." .P~f.~ r~d_ f~m'p__ _ _ _ _ _ _ _ _ _ _ 59a 60 Add,t,onal elllld tex credit. Anaell Form 8812 ......,........ 60 61 Amount paid wilh request for .xlen.'on 10 f,l. (.eelnstructions) .. . . . . . 61 62 Excess social security and RRT A lax wltl1held (see instrs) ... 62 63 Otl1er payments, Check ,f Irom..... a 0 Form 2439 b o Form 4136 ........................................ 63 64 Add lines 57, 58, 59a, and 60 tl1rough 63. These are your lotal . mint. .................................................................... 64 65 If tin. 64 II more than Iin. 56, lublract hn. 56 from Iin. 64. Thilll \he amount you O"l1Illd ........,....,. 65 661 Amount ot line 65 you want Rlfundld to You. . .. .. ... .. .............................. 66a . b Rout,ng number....... 231387628 . c Type: 0 Checkln9 g] Saving. . d Account number....... 0620396201 fi1 Amount of hn. 65 u want A lI,d to Your 2000 EIUmll.dTII . . . . . . ... fi1 68 II line 56 Is more tl1an line 64, subtract line 64 from hne 56. This Is tl1e Amount You Owe. For details on how to pay, see instructions......,...........,................... 68 69 Estimated tax enal . Also include on line 68 .,............ 69 Unci., panalti.. 01 perjury, I deel.,. "It I have ...miMe! flia r.lum and accompan)'i"9 acn.clIln and ablttmentl, and 10 hi bat of IJ'IY ~ W ~h.f. ".y .r. true, ConKt, Ind complete. o.ctarabon of prep.'" (0....' ltan luplyer) is biNd on .llnlOl"lNltion 01 which p,.,.,.,hi'In1~' Your Sivn."". o.te Your Occuplbon 36 6 350. m 12 511. sa 5 500. S9 7 011. 40 1 OS4. 1 054. 1 OS4. 1 183. 2 202. 1 148. 1 148. SpOUM'. '91\&"'" II . Joinl .\lJm, 15190. DATA ClERK pcuse. CQI9abon .t. 0... Prep.rer'~ .... 51 natura ,.. O\eck If ,t1'.-n FIm'\"Name (Of yours tl ..ll..mplov-d) .nd Add"" E WOO & Associates Inc ~ 21 State Ave Sutte 102 Carlisle EI'I PA ZIP..... 25-1590742 17013 -4432 Form 1'* (1999) FDlA0112 11115199 ,_ W.2 Wa e and Tax Statemant 1 c ~'1'\PII1dlnI& nl'UlOI OWl. '''UD]I 1!!loo1l~1ca n...~...~."."--~Jetwa .'fOoI.............._'"'"' I ~....OI_~"WJ_..........I'QII,...raIIf'IlI.lAaao................."" l'f.,..._ww~ 1236Cl.97 .3 SooIl MCVfY... 1236Cl.97 5 Wedcn.....,.. 1236Cl.97 n__ 2 ftOll.f'ICO'!WlII....... 4 ScloiIMOAfIll~ 766.38 o YIocn III ..,.., 179.26 12 8nfQ~"bl .-.. EI.tern Motor Inn, Inc 101 Ale.ender Springs Rood Cerllsle, PA 17013 e """raOCPlf'*'lil lD~ca.benIItt 13 SMFlInIcrIotU t4_ . ("CIO'r'f''''' ..,...... ~ Cd Phyllis e. ThomAS 1602 Newville Rood Corltale, PA T7013 b~'~"""* 23-24113459 d ~'KlClllManyl'UT'ClF 200-36-8204 SUI- 3.70 OI'T- 10.00 - - - - UI ~ fII'OOW"""IDrut'ClII 17 S.'l9"lCII'IC PA 23-24113459 12360,97 copy C For EMPLOYEE'S RECORDS (he Holtel on NeIl.1 20 1JQ......,etC. 21 LxIl~1&I 12360.97 123.61 D.pl. ollhe Tr'lIury . IRS ~.................l'_ THE UNITED TELE CO OF PA 6860 WEST 115TH STREET OVERLAND PARK, KS 66211-1204 __ ,..._ ,....W-2 Wage and Tax 13 s. nm..:ww far... 13 14 0Iw 148.92 C - L. INS Stalement "996 15.69 SUT-UN j' ~.~....... 231175870 I W.....l~....____ 51 287.60 rMlIO'\l'W'.""'~l1__ 21-6159 :z ,..".-...... """""" 7 063.65 5~..........."" 51 287.60 "~.... ~-.eIIl""'''''_ 182 46 3331 3_....."'~ 51 2117.60 e~.t&A.....-...:l 743.69 1:z......~rt..., ~'.IWr&~....lPCCdI 6656 CRAIG A THOMAS 1602 NEWVILLE ROAD CARLISLE PA 17013 4$ooe(~"YIU_""" 3 179.82 I 0 o.o.-.w. .... ....... 1'_~_ 3u6 WEST PENNSBORO TOWNSHIP 15_ fo:' ==:- 17 Sla_...... '1-;;'" "5""_.... :zOLocal""l"!:-.... 2'lEal_1M 5l.l72.68 1 463.67 ~2 272.68 522.73 This Infarm.lton II bllna 'u,n.,hld 10 thl Int.rnll Rennu. Slfvlce. If vou afa Dept. of the Trelsury '.Qulfad 10 ..1. a 'ax r.Iurn. a n.gltg.nc. p.naltv or oU'.' ,.nctlon mav b. I IRS impond on you ., Ihlt Intom, It llMlbl. and you fall to ,.pOrl II. ntern. Ivenul IrVICe - I-x III....... "'II PA n ... II ~ ~ en i!:l n l!l en DlPLDYEE NAIl!. .. , MAIL. N STOP " ~ ALPH " THOMAS, CRAIG A ; CONPrNlATll* THIS PAY PE'UOD ./ D!SCRIP PloY D!SCRIP . NANOATORY DEIlIJCTIDNS" ,,,, .;, 'Li .;',i. VDUlNT'ARY IlUlUCTIOlilS.,,,,,,,, CUPRENT no AXABLE/IIAOE DESCRIP CURRENT nO/BALANCE EXPO 2.00 40.45 99.85 99.85 1610.50 DLIF .88 .88 HOL 20.00 404.50 23.35 23.35 1610.50 LVI S 9.58 9.58 REG 58.00 1173.07 189.09 189.09 1610.50 R/UN 650.00 650.00 OfT 1. 50 45.49 46.58 46.58 1663.51" FLEX .00 231. 00 .50 .50 1663.51 10.00 10.00 10.00 16.64 16.64 1663.51 OLUNTA- DEDUCT I NS **** 13.25 13.25 248.38 248.38 11. 92 11. 92 2.75 2.75 nD GROSS 'I'OTAL $386.01 1894 . 51 TOTAl. NET AO.lUSTMEN1'S 0 00 . If"ffl' ''''wE'''' CMECl STue . OEueH .....0 II:ETAIH 571. 74 mAA $936.76 NET PAY . .:"-:!<,"" : ..;.:..;,.,~;':.}:<;(",<{j;~"."-''''';'':'-:~'':;-'~':?'~ ,~'H<<T..' '.;.l:fm(;k"IC), 04/12/97 THOMAS, CRAIG A MAIL" N STOP" PACARBOl19 ALPH " THOMAS. CRAIG A 182-46-3331 P137019 182463331 CONPEKSATlOll.THIS PAY PERIOD ... MANDATORY DEIlIJCT1Olllr;>.;i:X'.;;M,S'$ :j,kvCd"'OUlMTAR.t.;DEDUCTIONS;;,;;~'K?; OEseRIP PAY OESCRIP CURRENT YTD AXABLE/IIAGE DESCRIP CURRENT YTD/BALANCE OfT REG FLEX 5.50 80.00 .00 107.37 25.11 207.29 49.98 17.85 OLUNTA 13.25 248.38 11. 92 2.75 .88 ,t;;M,">;;;i\;' YTD GROSS 950.69 222.33 2034.68 441.23 10.00 157.58 DEDUCT I 106.00 1987.04 95.36 22.00 7.04 1731.85 1731.85 1731.85 1784.86 1784.86 NS **** 9.58 800.00 76.64 5350.00 LVIS R/UN IUtHlf ,...,U[Hl' CHEel STUI . OUACH AJIlQ RU....,. PERIUlrEllDT ,. ,...,,;.,;,x 04/26/97 THOMAS. CRAIG A 182-46-3331 P137605 MAIL" N STOP" PACARBOl19 ALPH " THOMAS. CRAIG A 182463331 CONPENSATIOIlTHIS PAY PERIOD MANDATORY DEIlIJCT1DNS.. .. .,i<,.,,'j'W' . m!/OUlN1'ARY:;~'V""; . OESCRIP PAY DESCRIP CURRENT YTO AXABLE/IIAGE OESCRIP CURRENT nO/BALANCE REG FLEX 80.00 .00 1618.00 231.00 97.03 22.69 182.26 45.30 16.18 OLUNTA 13.25 248.38 11.92 2.75 .88 TOTAl. 1047.72 245.02 2216.94 486.53 10.00 173.76 DEDUCT I 119.25 2235.42 107.28 24.75 7.92 1564.99 1564.99 1564.99 1618.00 1618.00 NS **** 86.22 6150.00 LVIS R/UN 9.58 800..00 ,......,....,................................................................................................................................... ~JndSelect:_ NationwIde Adylsory Services, Inc. Nationwide Investment SeI\'ICts Corporation . Natlonwldt in'''lmen! Sva. Corporation (In Michigan) P.o.llOJc 1492. Columbus, ON 43216-1492 Account Statement 1.1111111.111.11.11111111.111I1.1..11111I11.1111.....1.1.1.1.1 NAS AS CUST FOR ROTH IRA PHYLLIS E THOMAS Lb02 NEWVILLE RD CARLISLE PA L70L3-7400 "' Page 1 01 2 NATIONWIDE INVESTMENT SERVICES CORP NATIONWIDE RETIREMENT SOLUTIONS THREE NATIONWIDE PLZ FL 2b COLUMBUS OH 432L5-24LO J WILKINSON NEWS FROM NAS NATIONWIDE ADVISORY SERVICES IS PLEASED TO ANNOUNCE IT WAS SUCCESSFUL IN IMPLEMENTING ALL Y2K SYSTEM ENHANCEMENTS. THE MILLENNIUM CAME ERROR-FREE FQ.R OUR SHAREHOLDERS. WE WISH YOU A PROSPEROUS 2000. ACCOUNT SUMMARY Statement Period 01/01/1999 - 12/31/1999 Fund Name Numbar of . Share Share. Price %of Dollar Value HoldIng. Account Number NW FUND B 934 9340008032 49.273 29.97 1,471.78 100.0% RETIREMENT ACCOUNT CONTRIBUTIONS SUMMARY As Of 12/31/1999 Fund Name Account Numbar Current Ve.r NW FUND B 934 9340008032 0.00 INVESTMENT EARNINGS SUMMARY Year-To-Date Fund Name Long Term DlvldlndsiShortTerm Total Capital Gains CapltalOalns Earnings 88.~ 7.~ 93.80 Account Number NW FUND B 934 9340008032 Accounts Canted Dy Nationwide Advisory ServlceI, Inc:. .. . 107m CUMBERLAND COUNTY. PA DEFERRED COMPENSATION PROGRAM(457) STATEMENT OF ACCOUNT Poge, 1 of 2 1..,111,..111",11I11..11.1.,.1.1..11I11,11,"1",11 THDKAS. PHYLLIS E 1602 NEWVILLE .D CA.LISLE PA 1701S-7~00 EnUb. 651IOS Soolol 'ocurlt~ Huobor. 200.56-'20~ '~~!.i'I~~I~~il;I~!!II~~;;ft~I!III~11~i~'-I~rll~I~1;............ I .~8MI.f~8t2h;18~~n~f8'i~YI~Xfl~,[i;~~]~.~;.1..~i~:ij~:1~;:;.i;ii..;;......'...... i REPORT PERIDOI APRIL 1, 1998 THRU JUNE 30, 1998 489.79 450.00 0.00 0.00 39.79 ::~m~Ujwt~gp::::?:~:::'; ?':'UiW;;nii'ijEnVAliijE$::jij\!fij~uM~j'l:};,,6.ijR%~e~UUNi'AR~~'iiii')tf::j;:%;j@g. ........,....,.......... ...-,......-.._.,.."'.... .........--.. OS/51/U" Dopaoito/ III thdrowolo/ Crodltol 06150/1'" FU'\d N_ V.lu. T,..".f..... Exch~. Tr.".f_,.1 Cha,..... a.lnlLa.. v.toe Kotlonwldo Flxod Acaount 157." U.OO 0.00 0.00 0.00 2.&2 115.11 Natlonwldo Fund - Clooo D 76.'0 67.&0 0.00 0.00 0.00 7.06 151./16 Putnea Invo.taro Fund-Clooo A 77.1' 67.50 0.00 0.00 0.00 .... lSS.lli TOTALS. 2'2.12 110.00 0.00 0.00 0.00 17.67 ~".79 "::""""",:"",,,,':>O""""'~'i.r"'o"'.M'W'U''M"''';4'ji;:'";':'1'''Xj;l'a'':''''~o'''''U.'''R'''''''l\i'.f'''i\i'R'"'R''''h')~V'''{R'.'~:'';O~''l'''Wt'''''l'''i..V'.'''i\i~4'E"""j;(Ht~"';"'".'o''''i':'t'r''6s'''''''''''''.'''",......... :~};:){:d?:~}?:::J:f::~~~..,,~{:. ..~a~\1; . .,,~a;~.~.iM~:. ::;t!.';~,.. X::I;,. .",. .. >:~~f~.... _ .~.~.~:;~~)~.. .~:f~.~.~.. .~-:~~(:. J~;. ",~,~);" .~:{~.~;{fr.. .~~~..~._, J();:~::)::/:;):::: f.I.IlIL Dtllc,.lDf:Jon '.rcent: Unit V.lu. JtL11a FIX NoUonwldo F bod Account o. OOX NF NoUonwldo Fund - cio.. D 5O.00X 25.1541\ 6.0259 PUT Putnea In.odaro Fund-Clo.. A 5O.00X 22.1~" 6.9151 ,>, .. ..............'!!.....;......}(;@:;~;ii;H;!nW1Nt~A'ij$Ae.fui~j'l:~I,.ij'i.$ffi;~E~!tij6.mnr;;;;miiH@'iW;MJtmf.m@@%i%WM;:;....I;:'....... ray P.rlod End D.t. OS/28/1'" EUoaU.o D.t. Tr~..ctlon 0~/07/1"1 DEPOSIT TOTALS. Fw.d N_ Notlonwldo Flxod Aacount Notlonwldo Fund - Cl.oo D Putnaa Inv.~tor. Fund-CI... A ~it 'la1III IhliI 2~.OS" 21. 2612 0.5120 0.5527 Dalla,.. li.OO 7.50 7.sa 50.00 CUSTDHER SERVICE (800)-545-4730 (ESPANOL) (800)-649-9494 If you MV. My queatlonl Dr concern. _out your -=count, pl.... call tIw Cu.t~r Service nu.bar, Dr writ. to the following .ddre..: PUBLIC SECTOR SERVICE CENTER PO lOX 167" COLUHBUS ON ~5216-6766 .- J. ss~~ &' 0 ~3 ~ ; Uh . 0- il.C 8: ..; .... [ :Dill !n! I tre II ~~ a [ fllf ~ g .. ~ f~.f < !1 Ej I 0 :.. 8 f :D i ~ ~C1 -8 :r l!~ 0 " ;;f . a. t 1sB: .. 0 ~~ if b:;: .n it ,,~ IS. 00 om .... ~i co- &'; -- It" ~le ,," "" in if It" . i ~ I - ~ -- l! 001 Is 8; it ... iE :g :g.g: g: Ii ~~~~ . 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'$;~ So . ,,'t; ',~ c;' ~:~Jt\i~ i k~~~S g~ ;.~ \~~';'I'x~, ",-J. , P~~f.:~' 9 t::"'i.\1'!.,;:~~ .... ~:~~~t~...;~~ '""~'ml .....,,'ti: F~~ :);1;;:~~i ,''':''''''.'. -..An,.it !];~!~1 "~,,-c ~i!~~ ~i~i i!o ~ o,,~.. ~ x~ '" ~1j: o/i:l ;li: c !!l S ~ - R= ~ J m i ~ ;1 fl ji : .;} 8; B ~ ,. .. o f o .. o 'en oi Ii ::11 ~ r . i ::I~i .. I. !!I. ~~i g -I'; n ~a.r ~ Si ... Sr o co . I I " > g o C ::I - CJl C 3 3 II -< 0' ... " 2 a. GI ii e!. m .a C ~ ~ .. Q > ~ ... ~ . ~ -~ I ~2! :I> Z"Di "b !l::l~ 1Ii. -III 0 f!~ II R::I ::1'_ " a CD III 0 :D m< 3 'i~ :J J~I molt ::!.c en E~t 8.~ 0 ~ [ - >2 -. -25, Q, !!.g.~ !i' a ~ i' (a. =ii C'D. ~ t !!.:11 - II Q, O"CJ C ... - ::laB- l8ii: 0 6 3;0& mC -2' < s.l:o 011 C'D 0_::1 t..- iEg_ c~ ~ 'I!!.~ ::1::1 -. _:r Gla. C'D 0. ~CJl :e ~~ :'Ol' ID- 0 ~~ IDGI m3 - GI -< ::I - 0 c: .., - :J < C'D en - 3 C'D :J - en ~ - O-"ll~"ll!!: .~ : Dl?o! J)~ - 0 c = SiNr-:i!o- : Czc mR :.. famrn~~ :- m~m~ ~~ :: "ll_:i! j!!: : >r- 0 ;- ~fiiO"11~ = OJ)!!: =- -0> " - Co> rn ~ =...:... : ~ 0 ~o il - c !!j a - - i .. ll. .. > g o I m ~ 01 m ... ID I PBGC Actuarial and Mortality Tables Method February 16, 1999 Craig A. Thomas - # 02-11-99-096-0359B Page 2 MORTALITY TABLES AND INTEREST RATES: Mortality Tables (1983 Group Annuity Mortality Tables), Interest Rates and Factors used by the Pension Benefit Guaranty Corporation to determine the present value of annuities for single-employer plans. INTEREST RATE ASSUMPTIONS: Table II . Annuity Rates Rates: 11 = 5.40 %, '2 = 5.25 % and 13 = 5.25 % ASSUMED MONTHLY BENEFIT: $1,088.00 Monthly pension benefit the pension holder would receive at retirement age with a fully vested pension based upon compensation and plan provisions as of December 1. 1996. REDUCTION FOR NON-VESTING: 1.0000 Represents a reduction for the probability of service to 100 percent vesting as equal to the portion already completed. REDUCTION FOR MARITAL COVERTURE FRACTION: 0.9861 Represents that portion of the value of the benefits attributable to the marriage. The numerator of the fraction represents the total period of time the pension holder participated In the plan during the marriage and the denominator Is the total period the pension holder participated In the benefits program. PRESENT VALUE BEFORE REDUCTIONS: $ 45,176.29 Reduction for Non-vesting: Reduction for Marital Coverture: x 1.??oo x 0.9881 VALUATION FOR EQUITABLE DISTRIBUTION: $ 44,548.34 - No claims have been raised for alimony or counsel fees and expenses. The parties were married on December 2. 1972, and separated April 11. 1997. The parties have three emancipated children. An agreement is going to be placed on the record in the presence of the parties. The agreement as placed on the record will be considered the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. As previously noted the parties and counsel are going to return later this morning to review the draft of the agreement for typographical errors and make any corrections as required. Following the review of the agreement the parties will affix their signatures affirming the terms of settlement as stated on the record at this time. When the parties leave the hearing room they will be bound by the terms of the agreement even though they have not affixed their signatures subsequently affirming the terms of settlement. Following receipt by the Master of the completed agreement. the Master will prepare an order vacating his appointment and counsel will then be able to file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Scherer. MR. SCHERER: 1. The parties own real estate located at 1602 Newville Road, Carlisle, Pennsylvania, which was the marital residence. The parties believe that the approximate fair market value of the real estate is $120,000.00 and a lien exists on the real estate with a payoff of approximately $58,500.00 leaving equity of approximately $61,500.00. Wife shall prepare and present to husband a deed and husband shall convey all of his right, title and interest in the marital real estate to wife within 10 days of the presentation of the deed. Wife shall be solely responsible to pay all liens, encumbrances, and assessments which presently exist against the property and she shall indemnify and hold husband harmless for all future obligations in connection with the ownership of the marital residence. With respect to the marital residence, wife shall refinance the loan which presently creates a lien against the marital residence within six months from the date that the deed is delivered to wife. 2. At the time of separation, the parties owned several motor vehicles. Husband has taken possession and shall have the right to own the 1985 Ford Ranger, the 1987 Ford Areostar van and the pop-up camper. Wife shall make no claim against husband for these vehicles or for the proceeds of the sale of these vehicles. Husband shall retrieve the pop-up camper from the marital residence by December 31, 2000. Wife, or one of the parties' children, have had possession of the 1989 Ford Tempo since the date of separation and wife shall become the sole owner of this vehicle. Husband shall provide wife the title to this vehicle within 10 days of the date hereof. 3. The parties owned various bank accounts as of the date of separation. At the time of separation, the joint accounts totalled approximately $1,200.00 and the separate accounts in wife's name alone totalled approximately $6.000.00. Those accounts have been divided between the parties and neither party shall make a claim for any money that is in the possession of the other party which originated from any of these accounts. 4. The parties received an income tax refund in 1996 and that refund has been divided between the parties and neither party shall make a claim against the other for any part of this refund. 5. Wife has a Roth IRA which is valued at approximately $1,400.00 and this originated from employment wife had during the marriage. Wife shall become the sole owner of this account and husband shall make no claim against wife for this account. 6. Husband has been employed with the Sprint Corporation since approximately 1972 and has accrued certain retirement benefits associated with his employment. Husband presently is entitled to a defined benefit pension plan which has a present value of approximately $44,548.00. Husband shall become the sole owner of this defined benefit retirement plan and wife shall make no claim against husband for this benefit. 7. Husband also owns a retirement savings plan which has a present balance of approximately $42,000.00. Part of this account is marital and part is non-marital. Wife shall be entitled to a rollover of $15,000.00 from this account into an account in her separate name, which $15,000.00 rollover shall become the separate property of wife. With respect to husband's retirement savings plan. the portion which remains after $15,000.00 is rolled into wife's separate account, shall be the sole property of husband and wife shall make no claim against husband for ownership of the remaining balance of the retirement savings plan account. 8. Wife began employment with Cumberland County shortly before the parties separated. Wife presently has retirement benefits through Cumberland County and is enrolled in a deferred compensation through Cumberland County, and the benefits in both of these plans are predominately non-marital. Wife shall become the sole owner of her retirement benefits through Cumberland County and her deferred compensation plan through Cumberland County. 9. The parties owned certain tangible personal property and household personal property at the time of separation and the parties have divided between themselves all such items of tangible personal property. Neither party shall make a claim against the other for any such personal property which is in the possession of the either party. 10. Husband presently pays spousal support which is effectuated through a wage attachment which has been implemented through the Cumberland County Domestic Relations Office. Wife shall be entitled to continue to collect the present spousal support amount through the wage attachment through the Cumberland County Domestic Relations Office until December 31, 2000. Wife shall not be permitted to submit any new claims for unreimbursed medical expenses which accrued to her after today nor will she file any petition to modify for an increase in spousal support. about the agreement that I dictated a few minutes ago? MRS. THOMAS: I have no questions. I would just like to say in regards to the refinance issue that the primary reason for doing that would be to lower that interest rate, you know provided that the interest rates are down to a desirable rate; that somehow that could be taken into consideration with that stipulation, which I understand they are down now but that they stay down. THE MASTER: Which means that you need to act fairly quickly after you get the deed. MRS. THOMAS: I will have to talk to my loan officer. That would be the only criteria that would affect how soon I do it. I will look into it. I will certainly get educated. THE MASTER: Is that all right, Mr. Schwartz? Her concern is that she does not want to have to refinance if the interest rates go up and she would like to do so within a time frame, and hopefully within the next six months they will be fairly stable or will be lower than the 10%. MR. SCHWARTZ: I think we are more than willing to be flexible on the time frame. We have other concerns regarding that. namely the fact that his name is on that mortgage, and should he go to purchase a home or so forth that that would be on his credit and. in fact, make it difficult for him to secure financing to do his own thing. We are just looking for some time frame where we knoW in the near future that it will be taken care of and hopefully allow you enough flexibility with timing and interest rates to do something that makes sense for you to. That's our position on that. MRS. THOMAS: Okay. I understand. MR. SCHERER: Is it your desire to enter into the agreement that I dictated a few minutes ago? MRS. THOMAS: Yes. MR. SCHWARTZ: Craig, could you state your full name? MR. THOMAS: Craig Albert Thomas. MR. SCHWARTZ: Craig, you've been here this morning and heard the agreement that was put on the record by attorney Scherer? MR. THOMAS: Yes. MR. SCHWARTZ: And you heard the terms of that agreement? MR. THOMAS: Yes. MR. SCHWARTZ: And you had the opportunity to discuss those terms yesterday as well as other times with counsel? MR. THOMAS: Yes. MR. SCHWARTZ: And do you have any questions or concerns with the agreement as stated here this morninq? MR. THOM/.S: No. THE MASTER: Do you understand the agreement? MR. THOMAS: Yes. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: ?I/M.rt&~ //..2.00 Michael A. Scherer Atto ney for Plaintiff , , 'Cu,) Thomas CP2~ Il~ Craig . Thomas AffL If - 2 - Zae.~ Ma k D. Schwartz Attorney for Defendant I I: I I C) ,~ r) " -..J -" " ., -, .. I .' , , , C. ;--) ,. ;;'(j .. I ~:) .' ; .'.) ..~... PHYLLIS E. THOMAS, Plaint if f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 97 - 1124 CIVIL CRAIG A. THOMAS, Defendant IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Monday, August 14, 2000 Present for the Plaintiff. Phyllis E. Thomas, is attorney Michael A. Scherer, and present for the Defendant, Craig A. Thomas, is attorney Mark D. Schwartz. This action was commenced by the filing of a divorce complaint on March 4, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. Counsel have indicated that the parties will sign and file affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. On February 29, 2000, the Plaintiff filed a petition ralslng the economic claim of equitable distribution. No claims for alimony or counsel fees have been raised by either party. The parties were married on December 2, 1972, and separated April 11, 1997. The parties have three children. all of whom are emancipated. Wife is 47 years of age and resides at 1602 Newville Road, Carlisle, Pennsylvania. where she lives with a male friend. She is a high school graduate and currently works in the assessment and finance office for Cumberland County, Pennsylvania. Her net biweekly income is $624.46. She is currently receiving spousal support in the amount of $411.00 per month. She has not raised any health issues. Husband is 48 years of age and resides at 301 Nealy Road, Newville, Pennsylvania. Mr. Schwartz has indicated he is not aware if anyone currently residing with husband. Husband is a high school graduate. He is a data technician at Sprint and after looking at his pay stub, which is attached to a pretrial statement filed today, the Master is unable to determine with accuracy the net biweekly income of husband but suggested perhaps it might be around $1,300.00. Mr. Schwartz is going to clarify a number of items on the pay stub for us so we can understand the deductions. He will then provide a written memo to counsel and the Master explaining the pay stub so we can accurately get a net biweekly income amount. The support office had concluded that the net monthly income. based on an order entered May 6. 1997, was $3,500.00. Consequently, the numbers that the Master has suggested do not seem to reflect the numbers that the support office determined the income to be. Husband has not raised any health issues. The parties own real estate at 1602 Newville Road, Carlisle, Pennsylvania. where wife is living. Mr. Scherer had a market analysis completed in 1998 suggesting a value of $120,000.00. Counsel have discussed the possibility of having the property appraised; however. Mr. Schwartz will talk to his client to determine if he is willing to stipulate to the $120,000.00 market analysis number that Mr. Scherer has suggested. The property is subject to a mortgage with a payoff of a little less than $60.000.00. The parties had some Cornerstone Bank accounts and husband received the proceeds from three accounts totalling approximately $1,100.00 and wife received the proceeds of an account in the amount of approximately $6,000.00. The parties distributed a 1996 income tax refund between themselves. We are not certain how that distribution was determined but husband received $1.200.00 and wife $300.00. A review of the vehicles that have been listed on the pretrial statements, including the 1995 Ford Ranger of husband, would indicate that husband has received value in excess of wife of around $1.200.00. Counsel are going to review the vehicle situation to see how they want to approach the values for the equitable distribution computation. Husband has been a participant in the pension plan with Sprint since his employment began in 1972. He is also participating in a savings plan. The Master, in reviewing the analysis that was attached to the pretrial statement. commented that he felt the numbers seemed low and Mr. Scherer is going to review the pension analysis with the analyst. For instance, the analysis should be as of the date of separation and it does not appear to have been done as of that date. That is one example of where there may be some reason for questioning the values suggested. Mr. Scherer is also going to contact Sprint to request an explanation of the / pension and savings plan. We have a dollar amount for the savings plan as of the date of separation but we need to update that marital portion to the present using an interest factor. Counsel can see if they can determine what the plan consistently has been earning over the last three to five years. Counsel have advised that there will be no issue with regard to value for household tangible personal property. Wife is in possession of a Roth IRA with a value of around $1,500.00. In addition to the mortgage. the marital debt based on husband's pretrial statement consists of a home equity loan, a credit card loan, a student loan, and a loan from his parents. We need to have documentation on these loans. With respect to the loan from Mr. Thomas' parents, wife claims that she knew nothing about the money being paid to husband and does not acknowledge that she has any obligation on any alleged debt to the parents. We need to find out if both parents signed the student loan documents to obligate themselves for the daughter's college expenses. Husband has claimed that he paid the home equity loan and the credit card loan and we need documentation to show the amount of money that was owed at separation and evidence of husband's payments. The Master has suggested to counsel that we have a settlement conference to see if we can resolve the outstanding equitable distribution claim. In order to give counsel an opportunity to prepare the case based on the issues that remain, the Master is going to schedule a settlement conference for Wednesday, November 1, 2000 at 9:00 a.m. Notices will be sent to counsel and the parties. E. Robert Elicker, II Divorce Master cc: Michael A. Scherer Attorney for Plaintiff Mark D. Schwartz Attorney for Defendant PHYLLIS E. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA NO. 97 - 1124 vs. CIVIL ACTION - LAW CRAIG A. THOMAS, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Phyllis E. Thomas Plaintiff , Michael A. Scherer , Counsel for Plaintiff Craig A. Thomas , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle. Pennsylvania on the day of at 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: By: Divorce Master IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 TELEPHONE (717) 249-3166 . * 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 Jo Colyer otlice Manager/Reporter West Shore 697.0371 Ex\. 6535 February 24, 2000 Michael A. Scherer, Esquire O'BRIEN, BARIC & SCHERER 17 West South Street Carlisle, PA 17013 RE: Phyllis E. Thomas vs. Craig A. Thomas No. 97 - 1124 Civil In Divorce Dear Mr. Scherer: I received a praecipe for equitable distribution filed with the Prothonotary on February 9, 2000. This apparently was in response to my letter of February 4, 2000, indicating that no economic claims were raised in the pleadings. Please refer to Rule 1920.11, which outlines what pleadings are allowed in a divorce case. After looking at the rules I conclude that economic claims are to be raised in a complaint, counterclaim or petition. I do not see any provision in the rules that a praecipe is a pleading nor do I see any specific reference to a claim being allowed to be raised by a praecipe. Consequently, I request that you file an appropriate pleading raising equitable distribution after which I will issue a directive for the filing of pretrial statements. I understand that you may consider my approach technicalj PHYLLIS E. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 97 - 1124 CIVIL CRAIG A. THOMAS, Defendant IN DIVORCE CONFERENCE WITH COUNSEL AND THE PARTIES TO: Michael A. Scherer Phyllis E. Thomas , Counsel for Plaintiff , Plaintiff Mark D. Schwartz Craig A. Thomas , Counsel for Defendant , Defendant A conference has been scheduled at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania. on the 1st day of November, 2000, at 9:00 a.m.. with counsel and the parties to discuss the outstanding economic issues to determine if there is a basis of settlement of claims. If issues remain after the conference a hearing will be scheduled at another date. Very truly yours. Date of Notice: August 14, 2000 E. Robert Elicker, II Divorce Master -<..-.-'"' 2. Identity of Participant. The Participant is Craig A. Thomas, 301 Nealy Road, Newville, Cumberland County, Pennsylvania 17241. 5.5. # 182-46-3331. The Participant's date of birth is September 9, 1952. 3. Identify of Alternate Payee. The Alternate Payee is Phyllis E. Thomas. 1602 Newville Road, Carlisle. Cumberland County. Pennsylvania 17013, 5.5. # 200-36- 8204. The Alternate Payee's date of birth is July 2. 1953. 4. Amount to be Paid Alternate Payee. There is hereby assigned to the Alternate Payee and, as otherwise provided in the Order, the Plan shall pay to the Alternate Payee $15,000.00, or such lesser amount equal to the Participant's nonforfeitable benefit under the Plan (referred to in this Order as the "Vested Interest"). The Participant's Vested Interest shall include the amount the Participant could receive in a lump sum distribution if the Participant were to terminate employment as defined under the Plan. Such amount shall exclude (1) any company matching contributions. and investment earnings and losses on those contributions that are not yet vested, and (2) the principal balance, and any accrued but unpaid interest, on any loans outstanding from the Plan to the Participant. The determination of the Participant's Vested Interest under this paragraph shall be made as of the date on which the separate account is established as described in the following paragraph. As soon as practicable after this Order is determined by the Plan Administrator to be a qualified domestic relations order ("QDRO") within the meaning of Section 414(p) of the Code and Section 206(d) of ERISA, a separate account shall be established under the Plan for the benefit of the Alternate Payee (referred to in this Order as the 2 "Alternate Payee's Account"). The Alternate Payee's Account shall be credited with, and the Participant's accrued benefit shall be reduced by, an amount determined in the preceding paragraph. The Plan Administrator shall send a letter to the Alternate Payee (the "Acceptance Letter") informing the Alternate Payee that the Order has been determined to be a OORO. 5. Allocation Among Participant's Accounts. When the Alternate Payee's Account is established, such account shall be credited with, and the Participant's benefit under the Plan shall be reduced by. a pro rata share of the Participant's accounts in the Plan determined as of the date the Alternate Payee's Account is established. These accounts shall include all accounts as that term is defined under the Plan, such as pre-tax basic contributions, pre-tax supplemental contributions, after- tax contributions, company matching contributions (if nonforfeitable to the Participant), rollover contributions, and investment earning or losses on such contributions. 6. Investment Assets. When the Alternate Payee's Account is established, such account shall be credited with, and the Participant's account shall be reduced by, a pro rata share of the Participant's investments in the Plan determined as of the date the Alternate Payee's Account is established. On and after the date the Alternate Payee's Account is established, the Alternate Payee shall have the same ability to designate the investment of those amounts as the Participant would otherwise have had with respect to those amounts. All amounts in the Alternate Payee's Account will separately share in the gains and losses of the Plan in accordance with the terms of the Plan beginning on the date the Alternate Payee's Account is established until the date 3 of payment of such amounts to the Alternate Payee. 7. Time and Manner of Payment. As soon as practicable after the Alternate Payee's Account is established, the amount assigned under this Order shall, upon the election of Alternate Payee, be paid in a lump sum to the Alternate Payee (or, if permitted under the Internal Revenue Code, to the custodian of an Individual Retirement Account established for the benefit of the Alternate Payee.) If the Alternate Payee fails to elect a distribution within 120 days of the date of the Acceptance Letter, the amount assigned under this Order shall be paid, as soon as practicable, to the Alternate Payee. Such distribution shall be made in cash with applicable withholding for Federal income taxes. 8. Death of Alternate Payee. To the extent permitted by the Plan and Section 414 (p) of the Code, the Alternate Payee may designate a beneficiary to receive payment of the Alternate Payee's remaining interest in the plan. if any, upon the Alternate Payee's death. Any such beneficiary designation shall be made without regard to any designation by the Participant of a beneficiary with respect to the Participant's interest under the Plan. In the absence of an effective beneficiary designation by the Alternate Payee, or if the named beneficiary predeceases the Alternate Payee. the amount assigned under this order shall be paid to the Alternate Payee's estate. 4 9. Ceath of Participant. The assignment of benefits to the Alternate Payee under this Order shall not be reduced, abated or terminated as a result of the death of the Participant. Upon the Participant's death, the Alternate Payee will not be entitled to any survivor benefits attributable to the Participant's benefits under the Plan unless the Participant designates the Alternate Payee as a beneficiary in accordance with the terms of the Plan. 10. Administration of the Order. A true copy of this Order shall be served on the Plan Administrator. The Plan Administrator shall determine, within a reasonable period of time after the delivery of this Order, whether the Order is a QCRO. The Participant, the Alternate Payee, and the court intend this Order to be QCRO. The parties agree that their mutual intent is to provide the Alternate Payee with a benefit under the Plan that fairly represents the Alternate Payee's marital share of the benefits as described under Paragraph 4. If this Order is determined not to be a QORO, the Plan Administrator shall inform the parties of the reasons for that determination. The Court retains jurisdiction to amend the Order for purposes of establishing its status as a QORO and the parties hereby agree to submit to and request the Court to modify the Order to made it a QORO in such manner that will reflect the parties' intent. 11. Rights of the Parties. The assignment under this Order shall be permanent. From the date of this Order (assuming it is determined to be a QORO) and thereafter, the Participant shall have no further right or interest in the portion of the Participant's account balance under the Plan which is assigned to the Alternate Payee pursuant to Paragraph 4 above, and the Alternate Payee shall have no further right or 5 interest in the portion of the Participant's account balance under the Plan which is not assigned pursuant to Paragraph 4 above, Nothing in this Order shall restrict the Participant's ability to obtain a distribution under the Plan or designate a beneficiary under the Plan, with respect to the Participant's remaining accrued benefit determined after the assignment to the Alternate Payee, 12, Information Furnished to the Alternate Payee, The Plan Administrator shall treat the Alternate Payee as a distributee of the Plan for purposes of all notices and election opportunities provided by the Plan to its participants, The Plan Administrator shall provide the Alternate Payee with annual reports and such other information as is furnished to participants in the Plan. The Alternate Payee should advise the Plan Administrator in writing of any change of name or address or any material fact which may affect the Alternate Payee's entitlement to benefits assigned under this Order. 13, Miscellaneous Provisions. This Order does not require the Plan to provide any type or form of benefit, or any benefit option, not otherwise provided under the Plan. This Order does not require the Plan to provide benefits to the Alternate Payee which are required to be paid to another Alternate Payee under another Order previously determined to be a ODRO. ~/~ Michael A. cherer, Esquire O'Brien, Baric & Scherer 17 West South Street Carlisle, Pennsylvania 17013 Mark Schwartz, Esquire Irwin, McKnight & Hughes 60 West Pomfret Street Carlisle, Pennsylvania 17013 Attorney for Plaintiff, Phyllis E. Thomas Attorney for Defendant, Craig A. Thomas q