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Home My WebLink About97-01355 ( ,} I I I ". \ '" . ... ~ . .... ~ \q ~ C'c) :1 c... . ~ _::~u,.-;'_'-' ~. '~.~ ~~,'," ~ · ,', - ~ -' ::'~~:;;'t{'.'.~:~".'::_':'c.'-,.:._":_-:'::..:><-2~ -~_>-::,_~':_-> ,-._';~'~':.'~.~_'- -',-~~,~". :u~ _"m:,./.~> ':-_: ~~.~ ~m~ ~ ~~~, ~. , ,~:, . ;s1. ,OH ~.C, .,.. "."H~: .' , .,'. ":;,9' -' '5S- .., , . '" - .." :j C:r""',"'_..:~~ ;.i- -, . ,g.~*~".. " . -- ',: .".;, '- ',. -, -'. -,.', -, ".~~ '.-:: . .~"iJi~:)" ., ~~lil ., - ',-",,t,,,,.. ~,,-.:.- .:"'<':~:_~~'::i~>/::'~.""::""'~~-~'C' . \: ,'''} ',:> . ,':- ,:: :-:>>~:: :'}:;~~--','..",>',::Ei>t~:!~'::-' -,- :.. : ~.,; . '. .. - '.,'..,>':"<: '" ~:', -', _ ~... .:. '. . ," ~'._ . - 0: '.' ,'f"..', '''''2'.!i ~ \) .:', ,- ~~', ""'~ ':.. .. ~,:, ...' '., .. ~"'~ - .. .:. " ',~', 'c"..-'" ,~,' , ,::~,/:;';;:x<' ,- - '?, ' ~:~."": '.', ': ' ., '.' .': ~. , ":~'." ;.' ~ '. e,"'" ,,' " " ", - .. , _ ~i,':". 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",;::',' ':~::}::;:':;~/......; :~::,'" c..):, ".,i ",~; o'o' 'i;..:, ,,';.:..;'. \'" ~ ,.,' . :" ",,~ ....,,' :,: :.;;'''':- ",; 'o':);~',: ,,'o" . ;) ';" ;.' .:~:;,o.:,.:. ~:';:,j:' )"., ''2{;l:::;' .," ....;:'_,': ': ';c' ,',' ,'. ' .:>_,:,;i:::,,'l"~?~~::\.~;": ::'7",.0: i:--;'> "',> fY::'!>',:'. ".:." '~:7..-.--:77!f' ". ' ,,:,',.-;',;,: :': .. ' . ' : -'-".',F."; ...';.'~..:;:,:':, ~ ,'.' :' ...., ': ," :;,", , '.. ,:,,'.: ,;::,~- > ,~~: .,--' . ..'.~.. "','~~~~;;,,:.'/ ..,.,:.,:. .":,,,.. .'.;;' , " ~ f : ~. In a: (" ,- '. c: ;, " ... ,. 111~ .. .- ; " C.) ~' .. L~ ~. < t... , ~l (~); ":, C, r--. ,,' u' '" "J '~ ." , I t~ '., c-. . ~ , ~: j r- j' . - ~. - !:.l... " r- :..) ..,. C "'" U ~ v, - c:- - ,,) ~ ; ~~ ~l GREGORY J. J{ATSHIR Attorney at Law 900 Market Street Lemoyne, Pennsylvania 17043 (717) 763.8133 . Fax (717) 763.9425 Commonwealth of Pennsylvania for at least six months prior to the filing of this Complaint. 6. There have been no prior actions for divorce or annulment between the parties. 7. The Plaintiff avers that: a) The marriage is irretrievably broken and is irretrievably broken to the extent that the parties are separated and will remain separated into the future, for such a period as would extend beyond that provided by law for the granting of a divorce decree under the laws of our Commonwealth; and b) '!be Defendant has offered such indignities to the 1="'" I of the Plaintiff, the injured an:! iJ IIOCIeI.l SlX''''''', as to Lt2.:b his cx:n:llti.al intolerable an:! his life burdensome. 8. The Plaintiff acknowledges and avers that he has been advised that marriage counseling is available to him, and to either party, and has further been advised of his right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him a decree in divorce. Respectfully submitted, 7 0~ I(iI-- Gregory J. tshir, Esq. Attorney for Plaintiff 4 i \ i 1 \ >- - E a:; c:: f;; -<". t'-: ~':J "f. :');:5 , , 0::r~ , .. -' "- t.) ;:J ' " .' _..~ C ,~ .-"Cr) N :):::-~ , r-~ n- Lii"4 c, an: :Ja.; .::L: '5; ~.- " 0 :::> ::..) <::> (J >- ..:I" G <:r; c: ,'-' ? '::.: ''"' ::)~ I J I ~ (-,.::.') C', . . I~: '.~) ;;:: ~ ~ '-l- 'J;J ( ';'1" ..:: i;) r_-- CO )" , N '- '"'7 ". nuJ j:.. " '~ 'JQ. -- :~;: II. e ::.> u <:.:> c..> >- ...::- ~ Lr; c: .' >' ,- I:': N ~:~:t: lIJ' , --.~ (): :C -?~~ c... ,~) , . ~! l::: 0;:. >"rr) {=-~ ' N .J:~ "' .,~/~ " 0' :'JI.U 4.' . < ,:)Cl. ,.. :!C ;;: 'L 0 :-J U 0 U >- ..:J' ~- ~ c:: ~ ,"' N :-J c.,. , , " '.:.) =-",: ..- ~-' ~:~ '<. u_ , , );::j ,~-"". co ~-; en " N _:JZ C~ .:-/ : ...~: ..~iO " .~ ~;;'l.. L,. 0 :5 () <::> U >- N :- ~ . lr. ,.. ~p ,- N :'~ - {-., I""':', - .J"':. a: >::,-' ~i' ,'. ( , ,:;2 II. O'l ..0 W~J I J'" ..... , . ;'.::; u:!; c:; ';ill i:" IL 'lu. oct l', ,..... 5 0 en u ~ ~. .' .. .. GREGORY J. J(ATSHIR Marney at Law 900 Market Street Lemayne, Pennsylvania 17043 (717) 763-8133. Fax (717) 763-9425 ~ Cl '- (-- i::: , l._; C'. N ( " UJ.""', ?t' " . l i l--j C;... 'I: ~'t (, ,., Cr.' I ' ' L_U:":" ~'.!l' ' 1-' ! ~ : tl J ~" C )CI_ i~' c:. ::5 L: r- () 0' 0 ~ . ~~ V; '* """ -...&<;:;) f3 ""~ ~l.., ~ ~ ~ ~ . , GREGORY J. KATSHIR Attorney et Law 900 Market Street Lemoyne, Pennsylvania 17043 (717) 763.8133. Fax (717) 763.9425 ROBERT W. RITTER Plaintiff vs. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) ) CIVIL ACTION - LAW ) ) NO. 17 - I ~ r (' DARLENE M. RITTER Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case 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 di vorce 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 Carlisle, Pemsylvania 17103 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 THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP: Court Administrator, Fourth Floor Cumberland County Court House Carlisle, Pennsylvania 17103 (717) 240-6200 Commonwealth of Pennsylvania for at least six months prior to the filing of this Complaint. 6. There have been no prior actions for divorce or annulment between the parties. 7. The Plaintiff avers that: a) The marriage is irretrievably broken and is irretrievably broken to the extent that the parties are separated and will remain separated into the future, for such a period as would extend beyond that provided by law for the granting of a divorce decree under the laws of our Commonwealth; and b) '!be Defendant has offered such indignities to the ~~I of tOO Plaintiff, tOO injured ani i1I'-'-"1,L "f"''''''", as to L"'Job his crn:li.tim intolerable ani his life burdensome. 8. The Plaintiff acknowledges and avers that he has been advised that marriage counseling is available to him, and to either party, and has further been advised of his right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 4 ROBERT W. RITTER, Pla~ntiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 97-1355 CIVIL TERM DARLENE M. RITTER, Defendant CIVIL ACTION - LAW IN DIVORCE RE: Pre-Hearing Conference Memorandum DATE: Friday, September 10, 1999 Present for tile Plaintiff, Robert W. Ritter was Attorney Gregory J. Katshir, and present for the Defendant, Darlene M. Ritter was Attorney Francis A. Zulli. The parties were married on May 24, 1991, and separated on February 21, 1997. This is tile second marriage for husband and tile third marriage for wife. Wife l1as two emancipated children from a prior marriage. A divorce complaint was filed on March 17, 1997, ra1s1ng grounds for divorce of irretrievable breakdown of the marriage and indignities. 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 in order to conclude the divorce under Section 3301(d) of the Domestic Relations Code. If, l1owever, after discussion witl1 her counsel, wife does not want to sign an affidavit, then Mr. Katshir sl10uld file a 3301(d) affidavit averring a two- year separation. On October 3, 1997, an amended complaint was filed raising the economic claim of equitable distribution. A counterclaim was filed by wife on April 5, 1999, raising tile additional issues of alimony, counsel fees, costs and expenses. Counsel have indicated that tl1ey do not intend to offer any testimony on the factor of marital misconduct as that factor may affect wife's alimony claim. Husband is in l1is early fifties and resides at 204 Old York Road, New Cumberland, Pennsylvania, where he lives alone. He is a l1igh school graduate and works as an expediter at Appleton Papers. According to a support conference memo dated July 9, 1998, husband's net monthly income is $2,245.00. Husband is directed to file an updated income statement prior to the hearing to be scl1eduled. Husband is currently paying spousal support to wife in the amount of $350,48 every two weeks. Husband l1as medical insurance coverage tl1rough l1is employment, He l1as not raised 1 any health issues. Wife is 53 years of age and resides at 453 Hockersville Road, Hersl1ey, Pennsylvania, wl1ere sl1e lives witl1 her son and his family. Sl1e is going to move from that address in the next couple of days, and Mr. Zulli will provide her new address. ~Iife is a high school graduate bllt is not employed because of a work-related injury. She received a workel-' s compensation commutation award !leL t i!lg $63, '750.00, and sl1e and l1er husband settled a products liability claim and received a net of $50,992.96. Wife has applied for Social Security Disability but was denied. Sl1e intends, according to l1er attorney, to continue to pursue her claim. Wife will not have any medical insurance benefits available to her upon tile entry of a divorce decree except througl1 the COBRA benefits offered througl1 l1usband's employment. Husband is to provide the cost of tl10se benefits tl1at wife will have to pay montl1ly. Upon settlement of the worker's compensation claim, the parties each bought a 1995 Ford Expl~rer. Husband's vehicle is encumbered; wife's vehicle is free of any liens. Counsel need to see if they can agree to the net value of the vel1icles for purposes of equitable distribution through using tile blue book or any appraisals wl1icl1 they may want to obtain. The parties currently l1ave left an escrow account showing a balance on August 5, 1999, of $32,909.00. Tl1is is the money tl1at is remaining from the settlement on the products liability claim. Husband l1as a retirement savings account which is a 401(k), and at date of separation it was valued at $8,500.00. Tl1at account needs to be updated with an interest factor to tile date of l1earing. Eacl1 of tile parties l1ad a pension with Appleton Papers, and counsel are going to l1ave tl10se pensions valued by Harry Leister, The Master suggests that the money for tl1at valuation be shared equally by the parties and tile money be witl1drawn from tile escrow fund for tl1at cost, Counsel l1ave had some discussion with respect to l1ousehold tangible personal property, and there is apparently some disagreement as to what property mayor may not exist and who l1as possession of certain items of property. If counsel wish to present evidence on value of property and possession of tl1at property, they can have the items 2 ROBERT W. RITTER, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 97 - 1355 DARLENE M. RITTER, Defendant CIVIL ACTION - LAW IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Robert W. Ritter , Plaintiff Gregory J. Katshir , Counsel for Plaintiff Darlene M. Ritter , Defendant Francis A. Zulli , 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 28th day of March , 2000, 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. .~r' eg. ,.t:~t. President Judge Date of Order and Notice: 9/14/99 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 ROBERT W. RI'ITER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 97-1355 DARLENE M. RI'ITER, Defendant CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. i 0\ ~ M .. 3~ UJ~'''; - ( )"",. :c u;': .....(J '.tf"t 0- ')~ C;>L':' ,. or U"l ~~r.Q 01'. I .:J.<. LUU. .~-..,. u.:1_1 0:: ~i{Ul , 0- i' n.. ,-' oCt ~ u, 0\ a () 0\ Lawyer Referral Service, Goort Administrator Cwnberland County GaUlt lIouse- 0CL1) O,-;J.Q.G-C.., Poorth-Floor ~ L ~itLf Q.Jl.J-L Carlisle, Pennsylvania 17013 (717)~o.6:200 ;;1I-1C) - 31lt.,'" COUNT II - EOUlT ABLE DISTRIBUTION 9. The Answers to paragraphs one (1) through eight (8) are hereby incorporated by reference and made a part hereof as if the same were set forth in detail. 10. Admitted in part and Denied in part. It is admitted that the parties are the owners of various personal property which was acquired and accrued during the tenn of the marriage. It is denied that all of the personal property appreciated during the course of the marriage. COUNTERCLAIM 11. The Counterclaim Plaintiff is Darlene M. Ritter, an adult individual, who currently resides at 840 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 12. The Counterclaim Defendant is Robert W. Ritter, an adult individual, who currently resides at 204 Old York Road, Apartment 1, New Cumberland, Pennsylvania 17070. 13. The Counterclaim Plaintiff and Defendant were married on May 24, 1991 in Cumberland County, Pennsylvania. 14. The Counterclaim Plaintiff is unemployed and unable to obtain employment due to her medical disabilities. The Plaintiff suffers from degeneration of her muscles and nerves. 15. The Counterclaim Plaintiff has no income other than the spousal support that she receives from the Counterclaim Defendant. 2 COUNT I . CLAIM FOR ALIMONY 16. The Counterclaim Plaintiff is unable to sustain herself during the course of litigation. 17. The Counterclaim Plaintiff lacks sufficient property to provide for her reasonable needs. 18. The Counterclaim Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. COUNT II . CLAIM FOR COUNSEL FEES. COSTS AND EXPENSES 19. Counterclaim Plaintiff has employed Francis A. Zulli, Esquire, as counsel, to represent her in this matrimonial cause. 20. The Counterclaim Plaintiff is unable to pay the necessary counsel fees, costs and expenses of prosecuting this action. 21. Counterclaim Defendant is financially able to provide contributions to Counterclaim Plaintiff for attorney's fees, expenses and costs of this action. 22. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to the final hearing, Counterclaim Plaintiff requests that, after final hearing, the Court order Counterclaim Defendant to pay Counterclaim Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce: (A) Dissolving the marriage between the Plaintiff and Defendant; (8) Equitably distributing all property owned by the parties hereto; 3 ,~ :., ,>. -,. ",<".,.,.", '';;, .,l~"-' " (~~\~ ~ :t "r .f=' 1'("\ boo' ~ ~ ~ ~ ' , ' ~ ~ ,..... Cl1 ',~ " ~', ~ ;'-. ".'. ' >'~ :!t;1, I: ,." ::ca: ' ' '0(;) .\'J~ ..r::3' "" :f'<,1>: oe: .' .." 'I>I'~'M" '., !g'~=!:l, ,(;)1:>> ,J ',:',(;),~""'" ,M' "":01, ,Il:UI:nn, " "Eo<'oe:'::II, .., ~~;~~r:l;' ''''t' .~M '0 '\o<oI:p.. ll-o l!Il ....... ,,.. irt "...' l:l ',... ','" " , rot ;,...,~, 1>1, M Eo< , ,jol 'M l!'I' 'Eo<H, ::lloe: H~ oe:tJ ~I>: ll-oM J:Eo< 0::11 tJp o QtJ M Qa: ::liE-< MH :C;J: oe: M OtJ Eo< I>: o 1>:> MH ;J:Q CIl '::11::11 oe:H' ...' 1:1' III "Cl 1:1 III ,.. - ..QJ' I>:Q M' Eo< Eo< H I>: ,~ . III ,> J: M, '::II M ~ :1>: oe: Q -.:'.' ,,;W, '~ = 0: '1lIl" . ' , I I :jl ',,: 'J ,:\ -;'l t V ,-; ~ ~ :r~ 'I' ,f.~ III. ',-, ," ", ,>,' '. , .' ROBERT W. RITTER, Plaintitf IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 97-1355 DARLENE M. RITTER, Defendant CIVIL ACTION - IN DIVORCE ANSWER TO AMENDED COMPLAINT IN DWORCE WITH COUNTERCLAIM AND NOW, the Defendant, Darlene M. Ritter, by and through her attorney, Francis A. Zulli, Esquire, and files the following Answer to Amended Complaint in Divorce with Counterclaim: COUNT I - DIVORCE I. Admitted. The Plaintiff now resides at 204 Old York Road, Apartment I, New Cumberland, Pennsylvania 17070. 2. Admitted. The Defendant now resides at 840 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7(a). Admitted. 7(b). Denied. The Defendant denies that she has offered such indignities to the person of the Plaintiff, that would grant him grounds for a fault divorce. 8. Admitted. COUNT II - EOUIT ABLE DISTRIBUTION 9. The Answers to parab'J'llphs one (I) through eight (8) are hereby incorporated by reference and made a part hereof as if the same were se: forth in detail. 10. Admitted in part and Denied in part. It is admitted that the parties are the owners of various personal property which was acquired and accrued during the term of the marriage. It is denied that all of the personal property appreciated during the course of the marriage. COUNTERCLAIM I I. The Counterclaim Plaintiff is Darlene M. Ritter, an adult individual, who currently resides at 840 Erford Road, Camp HilI, Cumberland County, Pennsylvania 17011. 12. The Counterclaim Defendant is Robert W. Ritter, an adult individual, who currently resides at 204 Old York Road, Apartment I, New Cumberland, Pennsylvania 17070. 13. The Counterclaim Plaintiff and Defendant were married on May 24, 1991 in Cumberland County, Pennsylvania, 14. The Counterclaim Plaintiff is unemployed and unable to obtain employment due to her medical disabilities. The Plaintiff suffers from degeneration of her muscles and nelVes. 15. The Counterclaim Plaintiff has no income other than the spousal support that she receives from the Counterclaim Defendant. 2 COUNT I - CLAIM FOR ALIMONY 16. The COWlterclaim Plaintiff is Wlable to sustain herself during the course of litigation. 17. The COWlterclaim Plaintiff lacks sufficient property to provide for her reasonable needs. 18. The COWlterclaim Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. COUNT II - CLAIM FOR COUNSEL FEES. COSTS AND EXPENSES 19. Counterclaim Plaintiff has employed Francis A. Zulli, Esquire, as cOWlsel, to represent her in this matrimonial cause. 20. The Counterclaim Plaintiff is Wlable to pay the necessary counsel fees, costs and expenses of prosecuting this action. 21. Counterclaim Defendant is financially able to provide contributions to Counterclaim Plaintiff for attorney's fees, expenses and costs of this action. 22. Reserving the right to apply to the Court for temporary cOWlsel fees, costs and expenses, prior to the final hearing, COWlterclaim Plaintiff requests that, after final hearing, the Court order COWlterc1aim Defendant to pay Counterclainl Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce: (A) Dissolving the marriage between the Plaintiff and Defendant; (B) Equitably distributing all property owned by the parties hereto; 3 money. Over the past two years, the parties have been involved in rather extensive litigation regarding personal property, debts, and support matters. Shortly subsequent to the date of separation, Defendant confiscated Plaintiff's vehicle, concealed it, and refused to return the vehicle to Plaintiff. On March 17, 1997, Plaintiff filed an Emergency Petition for Special Relief requesting the return of the vehicle and several items of personalty contained therein. After hearing on April 3, 1997, Judge Oler issued an Order of Court that required Defendant to return the vehicle and its contents to Plaintiff by 9:00 a.m., Friday April 4, 1997. Defendant did comply with the Order of Court. On August 29, 1997, Plaintiff filed another Emergency Petition for Special Relief. In his Petition, Plaintiff averred that the parties had incurred substantial marital debt and that he was forced to pay that debt by way of wage attachment. Some of the debt was in the form of loans obtained through a credit union. Significant amounts of money were deducted each month from Plaintiff's paychecks to pay the debts. Plaintiff requested that the Court issue an Order directing that the marital debts be paid from an existing escrow account of the parties. The account was valued at approximately $50,000.00. Said account was comprised of money from a settlement of a personal injury and consortium action filed by the parties as a result of an injury sustained by Defendant. The injury to Defendant occurred during the parties' marriage. Prior to a hearing on the above-described Emergency Petition, Plaintiff filed a Complaint in Divorce raising claims of Divorce and Equitable Distribution. After hearing on October 3, 1997, Judge Oler issued an Order of Court directing that $7,000.00 be removed from the escrow account to pay a portion of the credit union debt. The $7000.00 was paid to the credit union to satisfy marital debt. The debt satisfied was previously secured by Defendant's vehicle. Another marital debt through the credit union remains unpaid and secured by Plaintiff's vehicle. Plaintiff continues to pay the debt through a wage attachment. On August 12, 1998, Plaintiff filed another Emergency Petition for Special Relief. Plaintiff averred that the parties had incurred a debt with Texaco in the amount of $I,845.09 during their marriage. Plaintiff had received an offer from an agent for Texaco providing that if payment of one-half (1/2) of the debt, or $922.55, was made prior to August 14, 1998, Texaco would accept that amount as payment in full. Further, Plaintiff requested and amount of $864.93 be withdrawn from the escrow and applied as an advance upon his award of equitable distribution. Said amount was to pay for Defendant's unreimbursed medical expenses of which Plaintiff was responsible. Defendant, after request from Plaintiff, had not agreed to the disbursements. Judge Oler issued an Order on August 12, 1998, over the objection of Defendant's counsel, which directed that the sum of $922.55 be withdrawn from the escrow to pay Texaco and that the sum of $864.93 be withdrawn from the escrow to pay the unreimbursed medical expenses. The amount of $864.93 is to be charged against Plaintiff against any eventual equitable distribution award. Defendant filed an Emergency Petition for Special Relief on or about December 24, 1998 requesting the release of monies from the escrow account to pay for attorney's fees, reimbursement to a friend for rent, medical expenses, auto repair bills and restitution costs stemming from a guilty plea of insurance fraud and theft by deception. Prior to a hearing, the parties agreed that the sum of $9,816.01 shall be withdrawn from the escrow and applied to Defendant and the sum of $3,000.00 shall be withdrawn and applied to Plaintiff. The respective amounts awarded to each party are to be applied against any eventual award of equitable distribution. On April 5, 1999, Defendant filed an Answer to Plaintiff's Complaint in Divorce along with a Counterclaim. The Counterclaim raises the issues of alimony, counsel fees, costs and expenses. More than two (2) years have elapsed since the date of separation; however, Defendant refuses to consent to the issuance of a decree in divorce. The parties have also been involved in support litigation over the past two(2) years. Defendant filed a Complaint for Support on February 25, 1997. On June 17, 1997, after hearing, Judge Bayley found Plaintiff liable for support and ordered the Domestic Relations Officer to recommend an order consistent with the parties income. On August 12, 1997, a recommended order was issued directing Plaintiff to pay the amount of $786.00 per month as support to Defendant. Plaintiff appealed the recommended order, and on January 20, 1998, Judge Bayley vacated the prior order and replaced it with an order requiring Plaintiff to pay the amount of $676.00 per month as support. On June 5, 1998, Defendant filed a Petition for Modification. On July 8, 1998, the Domestic Relations Officer dismissed the Petition. Defendant appealed, and after hearing, Judge Bayley amended the Order to provide that Plaintiff was to pay the amount of $718 per month for support. On February 12, 1999, Defendant filed another Petition for Modification requesting that the order be amended to include for the payment of unreimbursed medical expenses. An Order was issued on March 17, 1999, directing that unreimbursed medical expenses be split 80% to Plaintiff and 20% to Defendant. Defendant, however, was to utilize a prescription plan provided by Plaintiff's employer. Throughout the support proceedings, Defendant has alleged that she was unable to work due to a medical condition. However, at no time in these proceedings, has Defendant offered competent medical testimony to demonstrate that she is not capable of employment. Finally, over the past two(2) years, Plaintiff has paid, and continues to pay, a significant amount of the marital debt. Defendant has not paid any portion of the marital debt. II. MARITAL ASSETS Attached please find a List of Marital Assets identified as "Exhibi t AU. II 1. WITNESSES The Plaintiff intends to call the following witnesses: I. Robert Ritter, Plaintiff 2. Representative of Appleton Paper IV. EXHIBITS At the trial of this matter, Plaintiff intends to introduce or otherwise utilize the following items of evidence: 1. Members First Credit Union Credit Worksheet 2. Appleton Papers, Inc. Retirement Savings Plan Statements at date of marriage, date of separation and current 3. Labor Agreement between Appleton Papers, Inc. and United Paperworkers International Union 4. Plaintiff's pay stub from Appleton Papers 5. List of debts and copies of bills V. MARITAL DEBTS 1. Loan 1 from Plaintiff's Retirement account - $4030.00 original loan amount. Balance as of date of separation _ $3,346.05. $1587.75 amount outstanding. Full amount paid by Plaintiff. 2. Loan 2 from Plaintiff's Retirement account - $4030.00 original loan amount. Balance as of date of separation _ $4030.00. $2428.52 amount outstanding. Full amount paid by Plaintiff. 3. Members First Credit Union - $25,794.90 original loan _ $6336.63 amount outstanding. $7000.00 paid from escrow. Plaintiff has paid the remaining amount. The loans from the Retirement account and Member's First Credit Union were utilized to pay various credit card debt incurred by both Plaintiff and Defendant during their marriage. 4. Texaco - $1845.09 (debtor accepted $922.54 as payment in full. Payment from escrow) 5. PNB - $2,735.22 ($2050.00 of the amount was a cash withdrawal made by Defendant) 6. AT&T - $623.67 7. Goodyear - $687.22 8. R. Denning Gerhart, Esquire - $1258.58 VI. PROPOSED DISTRIBUTION Plaintiff will assume, and continue to pay the Loan 1 and Loan 2 to the Appleton Paper Retirement account, the Credit Union Loan, and the debt to Goodyear. The debts to PNB, AT&T, and R. Denning Gerhart, Esquire shall be paid from the funds remaining in escrow. The above proposed assumption of debt provides that Plaintiff will pay approximately 85% of the marital debt and Defendant will pay 15% of the marital debt. Defendant shall retain any and all monies remaining in the escrow account, her 1995 Ford XLT Explorer, and the personalty removed from the marital residence. Defendant has previously received an amount of $9,816.01 from the escrow account. Defendant shall retain any and all interest in her pension through her employer. Plaintiff shall retain any and all interest in his pension and retirement plans through his employer, and the 1995 Ford Sport Explorer. Plaintiff has previously received the amount of $864.93 from the escrow account. Plaintiff's Sport Explorer is encumbered with a lien in the amount of $6336.63. Defendant shall relinquish any and all interest in the pension and retirement plans. Plaintiff will relinquish any and all interest in Defendant's pension. The parties shall execute titles to the vehicle to effectuate transfer. Any and all forms of support, including any future alimony payments, made by Plaintiff to Defendant shall cease. Defendant shall provide to Plaintiff any and all information regarding Plaintiff's burial plot. GENERAL RESERVATION Your Plaintiff reserves the right to amend and/or supplement this Pre-Trial Statement at anytime, up to the trial of this matter. Your Plaintiff further reserves the right to call, as witness, any individual identified in any exhibit, pleading, or other matter involved in conjunction with this case. Plaintiff further reserves the right to utilize, for evidentiary purposes, any document, exhibit, pleading, or other matter involved in this case. a slilr, Esquire r Plaintiff PA ID #61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 LIST OF ASSETS ASSET VALUE POSSESSION 1. 1995 Ford Explorer XLT $18,500.00 Darlene 2. 1995 Ford Explorer Sport $16,000.00 (-$6336.63 lien) Robert 3. Antique China & Desk Unit Unknown Darlene 4. Cash $4000.00 Darlene 5. Console Television $2000.00 Darlene 6. Monopoly Set (Franklin Mint) $1500.00 Darlene 7. Chess Set (Franklin Mint) $1000.00 Darlene 8. Power Tools $1000.00 Darlene 9. Stereo Unit with speakers $1000.00 Darlene 10. Washer and Dryer $575.00 Darlene 11. Microwave oven $300.00 Darlene 12. Barbecue Grill $300.00 Darlene 13. Car Jack with case $200.00 Darlene 14. Plaintiffs clothing $200.00 Darlene 15. Escrow account $32,571.85 (4/5/99) escrow agent 16. Retirement Savings Account $8516.32 (3/31/97) Robert 17. Appleton Paper Pension * Robert & Darlene * As of the date of separation Robert had been employed at Appleton Papers for 18 years. Pursuant to the Labor Agreement, if Robert would have retired at the date of separation, he would have been entitled to receive l-o ~. . ~ z ~. d+1: ...J:! . ...f04 'llIllII . lllt'." : IQ "0 l-o IQ~ ~= < ~I\I .'0. l-o ,M~ CI) .......,'. , llIl O' llltPo > '1:1' ~ ., . :E .... " ill: I!: l-o m I llIl IQ IQ ~ n:: . . l'Q.' ~ Po 0 llIl Q ! . ;.~'::: ,'1lI' III JQ . :< ..'11I .... . u. = .1\1 ..,..... 11<' ,_ ~ t ~,,,.l Ijlll . !~, II .~.,...:. .. .-.... "... ... ::s N 'j 1 0"7.1 1...1-1-... . D. Bank Accounts and Stocks (I) Members First Credit Union checking account in joint names, having no value at time of separation, The parties do not own any other stocks, bonds, savings accounts or other bank accounts. E, Retirement Accounts: (I) Appleton Paper Company Retirement Plan owned by Defendant of minimal value. Information to be supplied at a later date prior to Master's Hearing. When Plaintiff attains retirement age, she will received approximately $17.00 per month. (2) Appleton Paper Company 40lK Plan owned by Plaintiff(copies of partial statement of 40lK retirement savings plan provided to Defendant's counsel on April 19, 1999. Additional yearly statements are required to determined value of this plan and to obtain a valuation of the marital portion of the 40lK plan, The valuation to be performed by celtified actuary. ) (3) Appleton Paper Company Retirement Plan, Plaintiff is a participant in his employer's retirement plan (a copy of this plan has not been provided to Defendant. Additional information is required to obtain an actuarial report of the value of the marital portion of the pension.) F. Proceeds of Defendant's Products Liability Lawsuit. Defendant received net proceeds of $50,992.96 from a products liability lawsuit. (See attached distribution of . recovery schedule.) Funds are being held in escrow by law firm of Galfand, Berger, Lurie, Brigham, Jacobs, Swan, Jurewicz and Jensen. Partial payments have been released from the escrow account pursuant to Orders of Court of the Common Pleas of Cum beri and County. (See the following Orders of Court which are contained in file) (I) Order of Court dated October 3, 1997. Payment of $7,000.00 from the escrow fund to Members First Federal Credit Union to be applied to personal loan secured by encumbrance against motor vehicle set forth above. (2) Order of Court dated August 12, ]998 providing for the withdrawal from the escrow fund of $922.55 to be applied to Texaco credit card and $864.93 to be applied to payment of unreimbursed medical expenses due Defendant. (3) Order of Court dated December 31, ]998; amended January 5, 1999 authorizing distribution of $4,826.47 for attorney's fees to Francis A. Zulli; $3,000.00 for attorney's fees to Gregory K. Katshir; $4,038.50 reimbursement for rental and costs to Gigi McDade; and $951.04 court costs to Court of Common Pleas of Cumberland County. (4) It should be noted that Defendant was injured at her place of employment (Appleton Paper Company) on July 25, 1991. Defendant received worker's compensation payments of $406,84 per week commencing July 27, 1991 to June, 1995. Defendant received a worker's compensation commutation award of $75,000.00 (net of $63,750,00) on June 27, 1995. The net proceeds of$63,750.00 were used to purchase the motor vehicles referred to above and to pay outstanding bills of Plaintiff. 11, EXPERT WITNESS A. Harry Leister of Conrad M. Siegel, Inc., 500 Nationwide Drive, Harrisburg, Pennsylvania who will testifY as to his opinion of the value of the parties' retirement plans and 401 K plans with Appleton Paper Company, Defendant will be required to be provided with sufficient time to obtain such an actuary report when she has been provided with all of the appropriate statements of Plaintiff's retirement accounts at Appleton Paper Company. B. Dr, J, Stephen Snoke, D.O. of 1800 Carlisle Road, Camp HilI, Pennsylvania 17011, family physician of Defendant who will testifY by way of deposition as to the present medical condition of Defendant. C. Possible testimony by way of deposition of Dr. Ralph A. W, Lehman, M.D" professor of Neurosurgery, Penn State Geisinger Health System< Hershey, Pennsylvania 17033 who will testifY as to his examination of Defendant and her current medical condition. 111. OTHER WITNESSES A. Gigi McDade, who resides at 840 Erford Road, Camp Hill, Pennsylvania 17011 who is a friend of Defendant and with whom the Defendant resides will testifY concerning Defendant's general health condition and ability to work. IV, EXHIBITS A. Pension Study to be supplied by Harry Leister. B. Income Tax Returns of the parties for the years 1991 through 1998. (Income tax returns are in the possession of the Plaintiff.) C. Appraisal values of motor vehicles to be obtained from motor vehicle dealers and to be supplied at time of Master's Hearing. D, Copies of medical reports of Dr. Lehman and Dr. Snoke. E. Copies of bills for various prescriptions that are currently being prescribed to Defendant. V, INCOME AND EXPENSE STATEMENT A. Income and Expense Statement of Defendant is attached. VI. MARITAL DEBTS Statements of any debts of the parties are in the possession of Plaintiff. VII. COUNSEL FEES Defendant has filed a claim for counsel fees, A copy of Defendant's attorney fees to Defendant are enclosed, Defendant is being billed at the rate of$100.00 per hour and it is anticipated that Defendant will continue to incur counsel fees for preparation of Master's Hearing litigation. An invoice will be provided at the time of the Master's Hearing. VIll. ALIMONY Defendant has filed a claim for alimony. Defendant is seeking alimony at the current rate of her spousal support which is $350.48 every two weeks for a five year period, IX. INCOME OF THE PARTIES The Defendant is unemployed and is unable to obtain employment due to her current medical disability, Defendant receives support from the Plaintiff at the rate of$718.00 per month in accordance with an Order of Court of the Domestic Relations Office of Cumberland County. The Plaintiff is employed at Appleton Paper Company. X. RESOLUTION OF ECONOMIC ISSUES Defendant is requesting that she be awarded the following: A. Retention of products liability escrow funds of $50,992.96; B, Alimony at the current rate of her spousal support for a five year period; C, One-half of the marital portion ofPlaintitT's 40lK plan and retirement plan; D, Retention of the Ford Explorer XL T; E. Plaintiff to pay the cost of Defendant's medical insurance coverage premiums for a period of five years after the divorce; F. Defendant to reimburse Plaintiff for 80% of the non-covered medical prescriptions she incurred between the period August 1998 to January 1999. Copies of bills attached. ._..__ .. ....~_6... .__.___ ~__........_..._ . Income and Expense Stalement PACSES Case Number 552000033 OTHER (Fill ill Appropriale Column) INCOI\-IE WEEK MONTH YEAR [merest S S S Dividends Pension Annuity Social Security RenlS Royahies I Expense Account Gifts I Unemploymem I Compensation Workmen's I Compensalion [RS Refund Othor support I 662,32 Olher TOTAL S S 662,32 S TOTAL INCOl\olE S nn? l' (Fill ill Appropriale COIU01I1) EXPENSES WEEK MONTH YEAR Home ~~~Rem s S 350,00 s Maintenance Utilities Electric 70.00 Gas Oil Telephone 25,00 Page 2 of 6 Form [N.ooS Worker 10 21701 Service Type M . . ...~. .....--.-..-.-......-...--....-..........---.......-...-.........._.........~_.....-...~~~ Income and Expense Slatem~nt PACSES Case Number 552000033 (Fill in Appropriate Column) EXPENSES (continued) WEEK MONTH YEAR Waler S S S Sewer I Employment Public Transportation S S S Luncb Ta.xes Real Estale S S S Personal Property I acome Insurance I Homellwm:rs S S S Automobile Life Accident I Healdl Other I I . AutomoLile Payments S S S Fuel Repairs Medical Doctor S S S DeOlist Orthodomist Page 3 of 6 Form IN-C08 Worker ID 21701 Service Type M Income and E~peuse Statemem PACSES Case Number 552000033 (Fill ill Appropriate Clllunm) EXPENSES (continued) WEEK MONTH YEAR Hospital Medicine 255.00-30n nn Special needs (glasses. braces. orthopedic devices) Education Private School S S S Parochial School College Religious I Personal Clothing S S S Food 150.00 - Barber/Hairdresser Credit PaymeOls: Credit Card Charge AcCOUOl Memberships Loans I Credit Union S S S Miscellaneous Household Help S S $ Child Care Papers/Books/Magazine EntertairuneOl Pay TV Vacation Page 40f6 Form IN-COS Worker ID 21701 Service Type M Income and Expense Sl.1lemem PACSES Case Nomber 552000033 EXPENSES (continued) WEEK (Fill in Appropriate Cnlunm) MONTH YEAR Gifts Legal Fees Charil.1ble Contributions Other Child Suppon Alimony PaymeDls Other s s s TOTAL EXPENSES s s s PROPERTY OWNED Ownership * DESCRIPTION VALUE H W J Checking ACCOUDlS Savings AccountS Credit Union s Stocks/Bonds Real Estate Other TOTAL s INSURANCE COMPANY POLICY I Coverage * H W C Hospital Blue Cross Other Medical Blue Shield Other * H - Husband W-Wife C - Combined J - Joint PageS of 6 Form IN-OOB Service Type M Worker ID 21701 N CQ N ~~ ~i '~~ ~@O:. .~ ~ .~ ~ ~ E !~~ \~ ~ I I i i , i I N CQ N ~~ I Q,) l"'" \~~ i,~ ~ 1 @< ~g .~ :5 .~ ~ ~ .~ '~~ ~ >-' en ~ g , a: a:> alr- a>al ,. al(ll ~"J .-t , a> GI Z U a. 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Pennsylvania 17043 (717) 763,8133. Fax (717) 763.9425 f\IJG . ; " t) .", :;_i-- ' ( _ I)! D' . ROBERT W. RITTER Plaintiff/Respondent ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) NO. 97-1355 ) ) PETITION FOR SPECIAL ) RELIEF VS, DARLENE M. RITTER Defendant/Respondent ORDER OF COURT AND NOW, this 2. c( t~ Hc~i of K , 1997, after day consideration of the within Emergency Petition for Special Relief, it is ORDERED that: A hearing is scheduled for the q1/L day of t1f"IMu-u, 1997 at 0: 30 - f.m. in Courtroom No. ~, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ~. 1 1 J.lJ> ~r:.l A1~1 :J'f1q}.v I " DARLENE M. RITTER Defendant/Respondent ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) NO. 97-1355 ) , ROBERT W. RITTER Plaintiff/Petitioner vs, I i' EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Robert Ritter, by and through his attorney, Gregory J. Katshir, Esquire, with the following Emergency Petition for Special Relief and avers as follows: 1. This matter involves a Divorce and support matter existing between the parties. Petitioner filed a Complaint in Divorce on March 17, 1997. 2. The parties separated on February 21, 1997 when Respondent voluntarily left the marital residence. 3. Throughout the marriage, the parties incurred substantial marital debt. Petitioner avers that the amount of marital debt is currently approximately $34,390.00. (See attached list of marital debt identified as "Exhibit A") 4. The amount of marital debt continues to grow due to interest and penalty charges. 5. Petitioner is paying a substantial portion of the marital debt by way of automatic deduction from his bi-weekly pay. Loan 1, Loan 2, and the Credit Union debt, as listed on Exhibit A, are automatically deducted, by Petitioner's employer, from Petitioner's pay. Loan 1 and Loan 2 are loans from Petitioner's 401K. Petitioner pays approximately $756.00 per month toward the above marital debt. 6, Respondent has filed a complaint for support. A support conference was held on August 13, 1997. A recommended Order was issued from which both Petitioner and Respondent have requested a hearing de novo before this Honorable Court. A hearing date has not been set as of the date of the filing of this Petition. The Order requires Petitioner to pay the amount of $786.00 per month to Respondent for support. If the recommended Order is affirmed, Petitioner would have monthly deductions of $756.00 and $786,00, a total of $1542.00, from his net pay. 7. Petitioner avers that his net monthly income is $2077.00, Petitioner could have fixed monthly obligations of approximately 75% of his net income. Petitioner would receive approximately $525.00 as monthly net income. However, Petitioner also pays for his and Respondent's car insurance directly from his paycheck. Petitioner has received his latest paycheck in the amount of $87.95. Petitioner is unable to pay rent for his apartment this month. 8. During the marriage, Respondent was injured at work. During the marriage, the parties jointly brought a personal injury action against the manufacturer of the equipment upon which Respondent was injured. The parties settled the action and received approximately $50,000.00 from the manufacturer. The $50,000.00 is being held in escrow at the law firm of the parties counsel in the personal injury action pending resolution of the divorce matter. 9. The money held in escrow represents a significant portion of the marital estate and the majority of the liquid marital estate, 10. It would be appropriate for this Honorable Court to issue an Order requiring the release of money from the escrow account in order to pay the marital debt, as listed on Exhibit A, attached hereto. 11. The debts continue to accrue interest and penalty charges which will substantially reduce the amount of the marital estate, if not paid until the time of equitable distribution, 12. Further, if the Loan 1, Loan 2, and Credit Union debts are not paid, and the amounts are automatically deducted from Petitioner's pay each month, Petitioner may only receive 25% of his net monthly pay, which is essentially an unlivable wage. 13. If the debts are paid from the escrow, approximately $15,600 will remain and be subject to equitable distribution, 14, This Honorable Court has authority to grant the above requests pursuant to sections 1920.43 and 1910.25 of the Pennsylvania Rules of civil Procedure. WHEREFORE, Petitioner requests this Honorable Court to issue an Order directing release of money from the escrow account in order to satisfy the marital debt, as listed on Exhibit A, attached hereto. Respectfully submitted, . Katshir, Esquire for Petitioner 900 Market Street Lemoyne PA 17043 (717) 763-8133 II:Yf1 ~"":'Cil' ',,*,""'''''''-' ~~J::f:' :/:=",'1: . It! "'~"'" ','0 I', ,""', ','T. . '.~~ i._."""J/ i'.IQl"I:':"ln '''''JIlI'' "'IA: t):;!l(..C/;~ l:l;J!oi.... .. (:Cffi;;;:;{i'r?;tl; r.1:~~i~;~ 'J ,.:,:,;,,~, r;" 'w;".,o :,~ '. <,:~' {.~ . !,'~.,~ ,."'(' "~'T~),:.~" '. .:;: ~""/::~ :,.,.:":::,:,,",.;,:">1' ;.~:~";:_;~ \t;;~.:- l 'Ai. Se:., =~ u; t.1. .~~ .. ~~ t.1~ ill. .0 ..110 .-~\~).', ".' 'j1i...-'{. ",'.; '. /., o.~, ',; ..a: " j a: ., .-a MI: ~'::' J;G1 ...1:1 M ~,d ':':=:: .'... .,,-,', . .'j"I :"!,,," .,-. C' , ......' ij:;:.~,~ . i-o'~ ...', . -" ,- "J:'" ~' ~ , :II: Ii:! e 'lllI .. ~, .,'i; " ~\;;a"::' '';::.;-:...CD.. .. ".::..0. '.' \, :"\ "',",-, ,,-,'! . , .-; :';: /:t~"il ;\~ ....;':. '1.,..,/'.11'..1.' '; ,"~. "'''' ,::,',:~,"..'~':.;~. ':::11 ;. "'_~."~-\{::~ :~ f.~ i c: J - . f 1 ,,-.1',,- '~'t_ "t.. :.~ '. . ; r -" -, ,;4, n., _ . ^ ,:> " 'J" . /' .- ->:.'.'~;,.~.:~i - _,' - >, "', '\,~ .," ~ n _, " '). :\'< " .. -;'-. .. , ' 4. Admitted. By way of further answer thereto, Respondent avers that she did remove the Petitioner's vehicle from his employer's parking lot. Shc rcmoved the vehicle because the Petitioner failed to pay her support and pay for hcr prcscription drugs. Petitioner failed to permit the Respondent to remove her clothcs and othcr personal items from their jointly rented apartment. Petitioner renegcd on 0 promisc to sign ofT on settlement proceeds that she will be recciving as 0 result of II products liability law suit. 5. Denied, The Respondent is not driving thc Explorcr XLT because she fears that the Petitioner will remove the vehicle from hcr. On a prior occasion, Petitioner had the Respondent's vehicle towed to a storagc fllcility bul Rcspondent was able to recover the vehicle. The Respondent avers that Petitioncr's vchicle is in storagc; that it is not being driven; and that it is in the same condition liS it WIIS lit the timc Respondent picked up Petitioner's vehicles, 6, Admitted in part and denied in part, It is IIdmilled that Rcspondent will not return the Explorer Sport vehicle to Petitioner. It is denicd that Respondent has indicated to Petitioner that she would return the vehicle to Pctitioncr in pieces, On the contrary, any allegations that the vehicle would be rclumcd in picces were statements made by Respondent's daughter. 7. Admitted, By WilY of furthcr IInswcr thercto, Respondent admits that Petitioner is paying two loans to Members First Crcdit Union, which loans are secured by the vehicles. A loan of $17,000,00 WIIS ohtllined by thc parties in April of 1996 and a loan of $8,000.00 was obtained by the parties ill August of 1996. The first loan was obtained to 2 consolidate debts of the parties, The Respondent avers that at the time of their marriage in 1991, she was free of all debts except for a car loan, but Petitioner had a large amount of debt upon entering the marriage. Petitioner convinced the Respondent to obtain a consolidation loan and secure the loans with the motor vehicles. 8. Denied, Respondent believes that Petitioner has access to vehicles in that he has had no problem in obtaining transportation to and from his employment and for other purposes. The Respondent avers that Petitioner does serve as a volunteer fire police for the Wormleysburg Fire Department bat she contends that he does not respond to many emergency situations, She avers that he does not serve as a volunteer fife police on a regular basis, 9, Denied. The Respondent avers that she did not take the vehicle for the purpose of inconveniencing or frustrating the Petitioner. On the contrary, she removed the vehicle from the Petitioner's possession because he refused to pay her support, refused to pay for her medication, refused to permit her to obtain her personal items from the jointly rented apartment and reneged on his promise to disclaim his interest in a products liability settlement that Respondent will be receiving. 10. As set forth above, Respondent avers that she did not state to the Petitioner that she would return the vehicle in pieces. On the contrary, the Respondent avers that the vehicle is in storage and is in the same condition as it was when it was removed by Respondent. 11. Denied. The Respondent avers that she purchased the radio, scanner and 3 some of the other items that are accessories in the Sport vehicle. Respondent has contacted the ftre department concerning the return of the portable radio and she was advised by the ftre company officials to retain the equipment in the vehicle. 12. Denied. The Respondent has advised the fire company that she has the equip- ment in the vehicle and that all of the equipment is in the same operating condition as it was at the time the vehicle was removed by her, 13. Denied. The Respondent had valid reasons for removing the Petitioner's vehicle as it was jointly owned by Petitioner and Respondent and she has a right to possess such vehicle. The Respondent has set forth above valid reasons for removing the vehicle and therefore, counsel fees should not be imposed upon her. 14. Denied. The Respondent is ajoint owner of the vehicle and is entitled to possession of the vehicle. The determination of ownership and entitlement to possession of the vehicle is an issue that must be presented to a Divorce Master for disposition. 15, Admitted, By way of further answer thereto, Respondent vacated the marital residence under duress and was forced to do so by Petitioner. 16, Admitted in part and denied in part. It is admitted that the Respondent obtained access to the apartment for the sole purpose of removing her personal items. It is denied that Respondent removed any items owned by the Petitioner, 17. Denied. The Respondent removed her own personal items from the apart- ment. The apartment was jointly leased by the parties and the Respondent contacted local police before attempting to gain access to the apartment. 4 :"!-. C;) - l!; f' ,'. UJ~ -, , .. , , - ,,- (,'I '_ , EF" -'.. ". 9~ :.'J ,... .. Q' 'I ...., _..1 I' - - l1:: , re: i;:~ ;. .,.: ;,:: -::..~ L' ~ r- ::.s <.) en U .- . Attorney at Law 900 Market Streat Lemoyne, Pennsylvania 17043 (717) 763.8133. Fax (717) 763.9425 DARLENE M. RITTER Defendant/Respondent ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) NO, Ii 7 - , l S- 'l ) ROBERT W. RITTER plaintiff/Petitioner vs, EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Robert Ritter, by and through his attorney, Gregory J. Katshir, Esquire, with the following Emergency Petition for Special Relief and avers as follows: 1, This matter involves a Divorce matter existing between the parties. Petitioner filed a Complaint in Divorce on March 17, 1997. 2. The parties separated on February 21, 1997 when Respondent voluntarily left the marital residence. 3. The parties are joint owners of two (2) 1995 Ford Explorers. The titles to the vehicles are in the names of both parties. The vehicle most often driven by Petitioner is a 1995 Explorer Sport and the vehicle most often driven by Respondent is a 1995 Explorer XLT. 4. On or about the time of separation, Respondent removed the sport from the parking lot of petitioner's employer. Petitioner had taken the vehicle to work. Respondent removed the vehicle without Petitioner's knowledge. 5. It is believed that she is currently driving the XLT and has concealed the Sport in a storage facility. 6. Respondent has denied Petitioner any access to the sport. Petitioner has requested Respondent to return the vehicle, however she has refused. In fact, Respondent has indicated that she would return the vehicle to Petitioner, however the vehicle "would be in pieces", 7. Petitioner continues to pay a loan to Members First Credit Union that is secured by both vehicles via a direct deposit from his pay check. 8. The 50 year old Petitioner is without a vehicle. Petitioner serves as volunteer fire police for the Wormleysburg Fire Department. without transportation, he is unable to respond to any emergency situation. 9. The concealment of the vehicle by Respondent serves no legitimate purpose but is done only to inconvenience and frustrate Petitioner. 10. The statement by Respondent that she would return the vehicle in pieces demonstrates that she may dissipate marital assets. This is particular alarming in that the loan for the vehicles is being paid by Petitioner. 11. Additionally, the Sport is equipped with a light bar, fire police radio, flashlight, flares and other miscellaneous safety equipment due to Petitioner's position as member of the Fire Police. A portable radio owned by the Fire Company is also in the Sport. 12. Respondent has indicated to Petitioner that she is attempting to sell the equipment, includi~g the portable radio owned by the Fire Company. 13. The actions of Respondent amount to obdurate, dilatory and vexatious conduct to which subject her to the payment of ., --.... ROBERT W. RITTER Plaintiff/Petitioner ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNT V , PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) NO. '1 7 . I 3 ~. r ) VB. DARLENE H. RITTER Defendant/Respondent EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Robert Ritter, by and through his attorney, Gregory J. Katshir, Esquire, with the fOllowing Emergency Petition for Special Relief and avers as follows: 1, This matter involves a Divorce matter eXisting between the parties. Petitioner filed a Complaint in Divorce on Ma~ch 17, 1997. " 2. The parties separated on February 21, 1997 when ( _J Respondent voluntarily left the marital residence. 3. The parties are joint owners of two (2) 1995 Ford Explorers. The titles to the vehicles are in the names of both, parties. The vehicle most often driven by Petitioner is a 1995" Explorer Sport and the vehicle most often driven by Respondent is a 1995 Explorer XLT. 4. On or about the time of separation, Respondent removed the Sport from the parking lot of Petitioner's employer. Petitioner had taken the vehicle to work. Respondent removed the vehicle without Petitioner's knowledge. 5. It is believed that she is currently driving the XLT and has concealed the Sport in a storage facility. 6. Respondent has denied Petitioner any access to the Sport. Petitioner has requested Respondent to return the vehicle, , " I " ! "I J , I l ", g II> > eJ~~ - ~ gg '" " 0 w II> ! .... - . .. W~ ~.... ..~u -H~ e~~;W~ ".. !~ ~~~~~~ ii! ;i -e 9, 1I11~~ ;~ ~ ~~~~ S8:n ~ 8:::l!!ililil8::8 II:! .... .. ~!iE~ !~gli~~~Ss! . . i - Ii u III 8~::l!:::l!8 . - ".. . .. '1!!~=1Il ;; .. ".. z :!!::si .'.;":g";~~..; a . w 0 -.. . .. ... lj .. .Il l< - .. .... 0( N- II llll I !!! ! II ~: u .. of ll.... ~ E~i ~ ~ z ll....~~ ~ ... .. .. ~3~~ II> i ~ ~~~~~~~~: ,~ IX 11I_ 'I lU .. d~H ~ Q. :> 0( < u I Q. 0 I 0 z .. 55 0 on f- lU Z :;:t;t; :~ 0 .J .. ; Q. W '0 Q. .. "0 .. N < .. :iiii ~ 0( ~ 1:1ll1!!!8 -.... 0 " .. N g.. . -~ Il 6i8~* l! 8 ..i~ I! ..,.. >- i~uiui~ !i ~ - ~"">-lll '" ... .. ha ffi~ - " : .. .", ~~ 8~8 ~: S .... nON ui ,,; '" .. - .. .. 0( ~ ~~~ .. .0 . W"'!i! gl~ l:".. I ....... c~iit ~ " _ ""-10 '~i -.... 5 W :iC; 0 ~ -i~ w .. ~;; ~ 8~;~ e .N _ .;.' ':":':\.: .....-l...>- - ..t'.. .(' ~,<j~ <t':':; .. ..' 1 · :'\~~?;lt!{\:;;i~t! 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"~ .~ ',.:I po; 41' I::l , , -,,' ' po; o roo IE o H ~ Hroo tl~ l>o,.;! :~ t)llIl ~~ C)H lll\Q I'l~, J:l>o ,I'll/) ~r~~i ~::""'''~ ~"Jf"1~~:r'~- ,;/...;-o*,:~<.:., ~~~:$~:~; -..,J;r;~."c' :x.', Ht?~<:..<{l (I'i:,\;~'i.>1: "A}p}F'~ .ili'2'~~.~",lJiit, , ~:~:sr~ ~';;';;:'~',"'4, ,=,'9'''' ,!d';, ,it!, I~Z,~ ti~."t' f~1 -.,' ,c c .,'-' ,t) ~, , ,-.' ';' ",'- ,',' " -: , -",.,' .,!.'-::'-. . " . , _.- " . ~~:. ,: ~ ;.;-: . :.,' ..t.\~ _ , ," ...-:.:~.,> ~-. ~ '~{ji<'i;~~~~l~ . ," ,_,,, . .-.c' . .-1.' .,~t~C-"~ ........f~~j!1~~)~~~I~~ "~~', __...~,.:\'! ,~;,.,;J,);.:t'.;i:'~)' ':f'1l. (.',....~.~.,,> .~~~~)J.._...f- "1'~' ;:.."< ~. .~~. ";,; {'#f:...t;t~r:;.f;.J. ~. 1":- ". "" ;.:c,_'y).i !l ,""j+_:'!,), .'. .-~--;. ,,: -, ,.,.' " ' ,.." 'i .'''- . . " '\" . l< .~~:>~{ :' ;,( ~;, .-;" :??iZ~.,';~ ~ -- '::'~h~~Ti~:)~/~ "." .".-..: ,c. ','~ :,:-:~.:" '::~.: ..,,~ ,} : , ;.~;: < "':.::,:;;,.':"::~:.~';:iY~~'~' ~ ~ ~~iF . , , .\ ".. . with a current balance of $45,016.94. Attached hereto and marked Exhibit "An is a copy of the bank statement from Jefferson Bank for the period ending December 6, 1998. Additional marital assets consist of motor vehicles and pl:rsonal property owned by the parties and the Respondent's 401K and pension plan benefits with Appleton Paper Company. 4. Petitioner avers that the money held in escrow represents a significant portion of the marital estate. 5. Your Petitioner avers that it is anticipated that a majority of the escrow funds will be awarded to her when a Master makes a determination of the distribution of the marital assets. 6. Your Petitioner currently receives support from the Respondent at the rate of $350.00 bi-weekly. 7. Your Petitioner since June of 1998 has been residing at the home ofa friend, Gigi McDade, located at 840 Erford Road, Camp Hill, Pennsylvania. 8, Your Petitioner is obligated to pay Ms. McDade the sum of$350.00 per month for rent and in addition, is obligated to pay her in excess of $100.00 per month for reim- bursement for groceries and other necessities. 9, Your Petitioner was recently ordered by the Court of Common Pleas of Cumberland County to make a restitution payment to the Court in the amount of $951.04. Said restitution payment is due in full on or before January 25, 1999. 10. Your Petitioner is also indebted to Gigi McDade for reimbursement for medical expenses and medicine that was advanl:ed by Gigi McDade in the sum of 2 approximately $700.00, reimbursement for auto repair bills in the amount of approxi- mately $600.00, and for payment of Petitioner's court costs relative to the matter refcrrcd to above in the amount of$288.50. 11. Your Petitioner avers that throughout the divorce and support proceedings she has been represented by Attorney Francis A. Zulli who has agreed to represent her at a fee of $100.00 per hour. As of this date, your Petitioner avers that her attomey has billed her for 35 hours resulting in a total amount due her attorney of $4,826.47. 12. Your Petitioner avers that since she will undoubtedly be awarded a major portion of the escrow funds, that it is only fair and reasonable for the Court to pennit her to withdraw a portion of the funds at this time in order to reimburse her friend, Gigi McDade, for the expenses that she has advanced on her behalf, to pay the restitution that is due the Commonwealth of Pennsylvania and to pay her attorney's fees. 13, Your Petitioner avers that the payment of thcse funds from the escrow account will not prejudice the Respondent, Robert W, Ritter, 14, On two previous occasions, the Court entered Orders awarding the Respondent $8,787.48 from the escrow funds. 15, Your Petitioner avers that this Honorable Court has the authority to grant the above request pursuant to Section 1920.43 and 1910.25 of the Pennsylvania Rules of Civil Procedure, WHEREFORE, Petitioner requests this Honorable Court to issue an Order 3 , 840 Erford Road Camp Hill, PA. 17011 Decembcr 17, 1998 To Whom It May Conccm: Encloscd you will find a breakdown of financial help I have provided for Darlcnc RiUcr ovcr thc lasl severnl monlhs. For RENT ($350.00 x 7 monlhs) = $ 2,450 For Medicinc = $ 700 For repairs 10 hcr car (necded for inspcclion) = $ 603 For Court cost = $ 288.50 For a Total amounl of Financial help = $ 4,041.50 Duc 10 recenl major surgcry, I'm in a financial situation whcre I nccd 10 have this money returncd. I would rcqucsllhat the money bc rclumcd 10 me as soon as possiblc. Respectfully yours, /)J~ AI!. 1/'1 , 7 Gigi McDade ~~;>' '::~'":~-''' ^ rJ:;~.';.",;\:t , ~~~,t 7,-f~ ~ ~ ~;~j'~t{~,;., ' . -',; ':- - , ~ ; ~: . -'. ' .'~I< . ;:,g. ., ""' .... ".,. 'U ,''II, '...' ..... : ad;: ~'i ... .. " . ',,", ~ ;:.:', lj, ','1:1 ,CS g, II, 01' IlII ...... , 1lII' u' e.l,.'. ,....cs.' 'llII'OI. , ...' If " /. ':1 ~ t.,_ ,lil = "'.,~. "'!;t p' . ',,-- } " ':, -'.-~".' .... 'j. ..-:.. ---; . ~ ,. , """ . I N D E X TO W I T N E S S E S FOR THE PLAINTIFF DIRECT CROSS REDIRECT RECROSS Robert Ritter 5 13 FOR THE DEFENDANT DIRECT CROSS REDIRECT RECROSS Darlene Ritter 21 28 -------------------------- I N D E X TOE X H I BIT S FOR THE PLAINTIFF No. 1 - list of bills No. 2 - loan worksheet No. 3 - photocopy of check stub MARKED 3 10 12 ADMITTED 4 31 31 FOR THE DEFENDANT None ,""'" ... 1 October 3, 1997 2 Courtroom No, 2 3 4:00 p.m, 4 THE COURT: This is the time and place for a 5 hearing on the emergency petition for special relief filed 6 by Plaintiff, Robert W. Ritter, We will let the record 7 indicate that the parties are present in court with their 8 respective counsel, Mr. Katshir. 9 MR. KATSHIR: Your Honor, preliminarily, I'd 10 like to indicate that Mr. Zulli and I have agreed to 11 stipulate as to debts that are outstanding and the amounts 12 that are outstanding. 13 (Whereupon, 14 Plaintiff's Exhibit No.1 15 was marked for identification.) 16 THE COURT: Mr. Zulli. 17 MR. ZULLI: Your Honor, my client will 18 stipulate to some of the debts set forth on the Exhibit 1, 19 but we will not stipulate that they are marital debts 20 because that has not been determined as of this date. Three 21 of the debts on there, involving the lawyer in Clearfield, 22 the landlord, and Mrs. Ritter's daughter's landlord, we're 23 not familiar with all of the facts involved in those ones, 24 so we cannot stipulate to those three. 25 We are aware of the Credit Union debt, the 3 -- 1 Members First Credit union, and the other ones, Loan 1, Loan 2 2, Texaco, PNB, AT&T, and Goodyear. Again, we're not aware 3 if those amounts are accurate, but we assume that they are. 4 THE COURT: Are you stipulating for present 5 purposes that they are accurate? 6 MR. ZULLI: Yes, I think they are the amounts 7 at the present time. Again, we won't stipulate they're 8 marital debts. 9 THE COURT: All right. Let's see. 10 Plaintiff's Exhibit 1 is admitted. 11 (Whereupon, 12 Plaintiff's Exhibit No. 1 13 was admitted into evidence.) 14 MR. KATSHIR: I guess also, preliminary, 15 we'll stipulate there is an amount of $50,000.00 in an 16 escrow account that was received from a personal injury 17 action that was filed by both Mr. and Mrs. Ritter for an 18 injury that occurred to Mrs. Ritter. 19 THE COURT: All right. Mr. Zulli, is that 20 satisfactory? 21 MR. ZULLI: That's true, there is. And that 22 was because of an injury to Mrs. Ritter. 23 THE COURT: All right. 24 Whereupon, 25 ROBERT RITTER 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 '"""'. having been duly sworn, testified as follows: DIRECT EXAMINATION BY MR. KATSHIR: Q For the record, would you please state your name? A Hy name is Robert Ritter. Q And you've caused the petition for special relief to be filed requesting that particular debts be paid? A Yes. Q And you've heard us stipulate to the Court that there is -- there are a certain number of debts that are owed, and that there is a fifty thousand dollar amount in an escrow account? A Correct. Q When were you married to Mrs. Ritter? A Hay 24th, 1991. Q When were you separated? A February 29th, 1997. Q To your knowledge, are there any THE COURT: 1997, did you say? THE WITNESS: Yes. THE COURT: This was a leap year? I don't know. MR. KATSHIR: Which date? THE COURT: February 29th. 5 .- 1 THE WITNESS: I believe it was February 29th. 2 MR, ZULLI: Fobruary 21st, 3 THE WITNESS: Well, 21st. Sorry, February. 4 sorry, 5 BY MR. KATSHIR: 6 Q To your knowledge, other than the $50,000.00, 7 8 9 10 11 12 down the list, and take your time, please, can you tell me 13 with certainty these are debts that were incurred during 14 your marriage and, if not, please let me know. 15 A Yes, all these are debts. 16 Q They were incurred during the marriage? 17 A During the marriage. 18 Q From 1991 through the end of 1996? 19 A Right. 20 Q Could you go down the list item by item and 21 tell the Court when each debt was incurred and what it was 22 for? 23 A Okay. Under Loan 1, the original amount was 24 taken out at $4000.00 with, I think, a $30.00 charge from my 25 401K plan. That was to pay a large Texaco bill and other are there any liquid assets in the marital estate? A To my knowledge, no. Q I will show you a copy of what has been marked as plaintiff's Exhibit No. lo That is the document that we stipulated are the amount of debts. As you look 6 -.., ~ 1 bills and, I believe, also was used for Christmas gifts, 2 Q Now this Texaco bill was a bill that was 3 incurred by 4 A Yes. 5 Q By whom? 6 A By both of us, 7 Q Was Mrs. Ritter's name on the Texaco card? 8 A Yes. 9 Q Loan -- do you know when approximately this 10 loan was taken out? 11 A Yes, December '95. 12 Q continue, please. 13 A Okay. Loan 2 was taken out December '96. It 14 was for the same amount of $4000.00 originally, and that was 15 also used -- was supposed to be used to pay another Texaco 16 bill, eighteen hundred some dollars, and also other bills. 17 Q And this Texaco bill that you're speaking of 18 and the other bills, were they bills that were incurred by 19 both? 20 A Yes, both. 21 Q What was the Texaco bill for? 22 A Well, I used the Texaco bill for gas, but I 23 was told by Darlene at the time that we were having trouble 24 making -- getting bills paid and that, that she used that to 25 purchase food at like a Texaco fast food market or 7 ~. 1 something, 2 Q Convenience market? 3 A Right. 4 Q And this was done after 1991? 5 A Right. 6 Q Continue, please. 7 A Okay, And, of course, there is the Texaco 8 bill. That previous loan should have been -- the money 9 should have been used to pay it. It was not paid. 10 Q The loan to the money that you took from Loan 11 2 was to pay the Texaco loan? 12 A Was to pay that Texaco bill. 13 Q And, to your knowledge, that has not been 14 paid? 15 A That has not been paid. 16 Q What is your belief as to what happened with 17 the money that was taken out of Loan 2? 18 A I believe that Darlene took the money and 19 used it for whatever else. 20 Q All right. Continue, please. 21 A Okay, the PNB, that is -- that's Visa. 22 That's actually the Visa credit card. And that, I called on 23 that and found out that $2050.00 of it was a cash withdrawal 24 made by Darlene. 25 Q And do you know approximately when that was? 8 -\ ,....., A August of '96, I believe. Q This past year? A Yes. Q The AT&T? A The AT&T, that is a bill for a 1-800 number that Darlene requested that we get because her daughter was living in Texas, moved down to Texas, and figured that a 1-800 number would be cheaper, 1 2 3 4 5 6 7 8 9 Q These are telephone? 10 A These are telephone bills, accumulation of 11 telephone calls to this bill. 12 Q The Goodyear? 13 A The Goodyear, the Goodyear was accumulated 14 because, at the request of Darlene's daughter and herself, 15 to allow her daughter to use my Goodyear card to get her car 16 fixed and have new tires put on. 17 Q For speed sake, we'll jump down to the Credit 18 Union? 19 A Okay. 20 Q Can you tell me what are the charges incurred 21 at the Credit Union? 22 A Okay. This Credit Union is actually two 23 separate loans. The one loan was for consolidated bills 24 and -- in April of '96, okay. We consolidated bills and 25 used my car as collateral, And the other portion of that 9 was $8000,00. Q Backing up to the first part of the loan? A Okay. Q Do you know approximately how much that was? A Yeah, that originally was a little over 1 2 3 4 5 6 $17,000.00 taken out. 7 Q And for the consolidation, what type of bills 8 were consolidated? 9 A They are all the bills that were incurred 10 by-- 11 Q For instance, what? 12 A Well, let's see, Sears, Montgomery Ward, 13 Master Card, Visa, Boscov's, Best, and Radio Shack. 14 Q Now were these debts that were incurred 15 during the marriage? 16 A Yes. 17 (Whereupon, 18 Plaintiff's Exhibit No. 2 19 was marked for identification.) 20 BY MR. KATSHIR: 21 Q I'm showing you a copy of an exhibit that has 22 been marked as Plaintiff's Exhibit No.2. Can you please 23 tell me what that is? 24 A These are the -- this is the thing from the 25 bank which states the amounts and what they were to go to 10 '...... ,....., 1 and the account numbers having those bills paid off. 2 Q And this is for which loan? 3 A This is for the consolidated loan. 4 Q This is the first at Members First, the first 5 loan from Members First? 6 A That is the very first one. 7 Q Could you look down the list, Bank One? 8 A Yes. 9 Q And the Sears, are these all debts that were 10 incurred during the marriage? 11 A Definitely. 12 Q Were these credit cards owned jointly by you 13 and Mrs. Ritter? 14 A Yes, they were. 15 Q And, to your knowledge, both you and Mrs. 16 Ritter used the card? 17 A Yes. 18 Q Boscov's? 19 A Yes. 20 Q PNC? 21 A Yes, all of them. 22 Q Corestate, Montgomery Wards, and Radio Shack? 23 A Yes. 24 Q Were these all credit cards that were owned 25 jointly by you and Mrs. Ritter? 11 -, ,,-, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A Yes. Q They were used jointly by you and Mrs. Ritter? A Yes. Q Do you know specifically what may have been bought with some of these cards? THE COURT: I hate to interrupt, but we're about out of time for your part of the case, and I need to give Mr. Zulli a chance to cross-examine. I am interested in knowing what's being deducted from your paycheck. THE WITNESS: What is being deducted from my paycheck? THE COURT: Uh-huh, in terms of these bills. THE WITNESS: Well, there is a sum taken out. I don't have one handy. MR. KATSHIR: Your Honor, if you'd like, I have a copy of his latest paycheck that shows exactly what is being taken out. THE COURT: Does it show what debts it's going to? MR. KATSHIR: Yes. THE COURT: All right. (Whereupon, Plaintiff's Exhibit No. 3 was marked for identification.) 12 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ...... ~ BY MR. KATSHIR: Q Would you please explain to the Court -- A Okay. Your Honor, the -- where it says after-tax deductions, it has Loan 1 and Loan 2. For Loan 1, $39.23 is taken out. And for Loan 2, $38.78 is taken out. For the loans at Members First, it comes under the heading of Credit Union, and $274.00 is taken out of every pay. And then, of course, at the current time, also support for Darlene is taken out of $382.00. THE COURT: And that leaves you how much? THE WITNESS: That leaves me a hundred dollars. THE COURT: Per-- THE WITNESS: Average. THE COURT: Per month? Per week? THE WITNESS: Per every two -- well, I get a check every two weeks, so 200 a month. THE COURT: Okay. I think I better give Mr. Zulli a chance now to cross-examine. CROSS EXAMINATION BY MR. ZULLI: Q Mr. Ritter, first of all, on Loan 1 and Loan 2, they were loans from where, the loan you referred to Loan 1 and Loan 2? A They were from my 401K plan. 13 '-. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Okay. And that 401K plan is with your employer, Appleton? A Yes. Q Appleton Paper. Is that a retirement or savings type plan? A Yes, it is. Q Now are you the only one that can withdraw funds from that account? Your wife can't withdraw funds? No, she can't. And how much is in your 401K plan at the A Q present time? A to 20,000. The value at the present time is pretty close Q The value of it? A Right. Q Now with the credit card loans, the Members First loans, is that account just in your name alone? A No. Q Who signed for those loans? A We both signed for those loans, if I remember correctly, I could be mistaken. Q okay. A But we both agreed to take out the loans. Q Okay. Would you have any documentation showing that your wife signed on those two loans? 14 .-..., ,.--, 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 A No, I do not. Q Okay. So it could be true that you were the only one that signed for those loans? A It could be. Q Okay. Now on -- you said on the first Members First loan, you put up your car as collateral? A Right. Q And what about collateral for the second loan? A The second loan was Q with Members First, I'm sorry? A Was Darlene's car. Q Okay. A Collateral. And if I may say, I think that both names would have to be on it because both cars are in both names. Q But you don't have any documentation? A No. Q Now these loans were not used to purchase those cars, right? A No. Q How were those cars purchased? A Those cars were purchased by Darlene under settlement for workmen's compensation. Q How much did those cars cost you? 15 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 " A Roughly, the total between the two of them, 51,000. Q And they were paid cash, correct? A Yes. Q Isn't it true that your wife got a computation of approximately $63,000.00 at that time? A Yes. Q And was all that -- well, the majority of the money was used to purchase these two what, Ford Explorers, right? A Right. Q What was done with the remainder of the money? A I have no idea. Q Do you know if it was used to pay bills? A I have no idea, because if it was used to pay bills, I always left my wife handle the bills. So if they were paid, yes. If not, I don't know. Q Was she receiving any type of workmen's compensation at the time any payments of these loans were taken out, the Members First Credit Union loans, was she receiving any compensation at that time? A I don't know when her workmen's compensation checks started and stopped. Q Okay. 16 A Q A Q it? A know is that Q -, 17 A Q been filed of correct? A Q 18 .-.. 1 Q Between -- I think the record would show that 2 your wife filed for support in February of 1997, and there 3 was a long period of time where we had the waiting for the 4 court hearing. During that period of time, did you pay your 5 wife any support? 6 A Other -- no, nothing other than $25.00 one 7 time. 8 Q Okay. You had your income -- your net income 9 then was a little bit greater because you did not have your 10 wife's support coming off your paycheck? 11 A That's right. 12 Q with that money, did you pay any of these 13 Texaco bills or PNC bills? 14 A I paid -- yes, I paid some money towards my 15 former landlord because of the rent being in arrears, that I 16 wasn't aware of until after the separation. I paid other 17 bills. Exactly what other bills, I don't know. But, yes, I 18 did pay other bills. That's why I was only able to give her 19 $25.00 at that time. 20 THE COURT: We're down to the last 10 minutes 21 of the hearing. And, Mr. zulli, you're welcome to continue 22 the cross examination or if you want to put your witness on 23 the stand, you can do that. 24 MR. ZULLI: Would it be possible to continue 25 the hearing until another date? 19 ~ '"" 1 THE COURT: Next year. I have time next 2 year, but I have every single minute booked up until next 3 year. It seems to me, Mr. Katshir is looking for some kind 4 of answer today. 5 MR. ZULLI: The only -- Your Honor, the only 6 problem is trying to go through my client in 10 minutes 7 would be, you know, difficult, and -- but you're the judge, 8 Your Honor. 9 THE COURT: I just can't make time. I'm 10 sorry. 11 MR. ZULLI: Well, Your Honor, as I said in 12 chambers, my contention is that this matter is really a 13 matter for equitable distribution, so, I mean, I have I 14 mean, I'm satisfied to wait until next year to have a 15 continued hearing because I think by that time the matter 16 will probably go before a master, and this may be resolved 17 by that time. 18 THE COURT: Mr. Katshir. 19 MR. KATSHIR: As you indicated, I certainly 20 would like some type of answer, if not relief, ~oday. 21 That's why the petition was filed for a petition for special 22 relief. 23 THE COURT: All right. We have eight minutes 24 to go. 25 MR. ZULLI: Okay. Well, Your Honor, I'll put 20 ~ 1 my client on the stand. 2 THE COURT: Okay. 3 Whereupon, 4 DARLENE RITTER 5 having been duly sworn, testified as follows: 6 DIRECT EXAMINATION 7 BY MR. ZULLI: 8 Q Mrs. Ritter, would you just state your name, 9 please? 10 A Darlene Ritter. 11 Q Now, Mrs. Ritter, you're, of course, married 12 to Robert Ritter, is that correct? 13 A Yes. 14 Q Now can you tell me what your education is? 15 A I got a GED, and I worked at Appleton. 16 Q Are you presently employed? 17 A No. 18 Q Why aren't you employed? 19 A I got hurt at work. I got multiple muscle 20 and nerve damage. And it's -- my doctor has it now that I 21 am having crippling arthritis. 22 Q And will you be able to work in the future? 23 A No, I have four doctors saying that I can't 24 work. 25 MR. KATSHIR: Your Honor, I object. This is 21 -', ,-. 1 the matter we were discussing in the support action. It's 2 our contention that Mrs. Ritter can certainly work in the 3 future and is certainly able to work now. And I don't think 4 it's relevant in this matter. 5 MR. ZULLI: Your Honor, I have statements 6 from her various doctors who has indicated that she is not 7 able to work at the present time. These matters have been 8 submitted before in support proceedings, but I'd also like 9 to submit them at this time, too. 10 THE COURT: They're just hearsay. I mean, 11 she can say she can't work. That's not objectionable, and 12 the objection is overruled on that point. 13 THE WITNESS: Your Honor, I have -- 14 BY MR. ZULLI: 15 Q Mrs. Ritter, are you able to work at all? 16 A NO, I have four doctors signed -- sent 17 letters to you telling you that I cannot work. 18 MR. KATSHIR: I'll object to any reference to 19 the doctors. 20 THE COURT: That's sustained. I'm not going 21 to consider hearsay. We're down to five minutes. 22 BY MR. ZULLI: 23 Q Now, Mrs. Ritter, with the exhibit that was 24 submitted of the loans, do you know what the first two 25 loans, were you able to draw on those loans at all? 22 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ ".... A No, I was not. Q And with the Credit Union loans, did you sign those loans? A The only thing I signed was his car because it's in both our names, and I asked them if he could sign the loan, and they told me, no, because he had bad credit. Q So you did not sign for the loans of those Credit Union loans? A No, they wouldn't let me. Q Okay. With the Texaco card, was that in your name? A No, it wasn't. Q With the PNB card, was that in your name? A Yes, after he got a divorce from his wife, first wife, he put it in my name, too. Q With the AT&T loan, is that in your name? A No, it isn't. Q with the Goodyear loan, is that in your name? A No. Q Now your husband testified that Loan 1, he took out to pay a Texaco bill. Do you recall that? A Yes, he did take out a loan to pay the Texaco bill. Q Was that Texaco bill paid at that time? A At that time, yes, it was. 23 --- Q Now your husband also referred to some of the money was used for your daughter. Who was he referring to? A Tammy. Every time Tammy asked him for something, he gave it to her. Q And how did you feel about him giving money 1 2 3 4 5 6 to your daughter? 7 A I told her -- I told him that she was just 8 using him. She used him for the rent. 9 Q How old is your daughter? 10 A My daughter is 26 -- 27. 11 Q And did you approve of him making loans to 12 your daughter? 13 A No, he made a $4000.00 loan to her. 14 Q Did you express -- how did you express it to 15 him about him making loans for your daughter? 16 A I told him that my daughter was using him for 17 everything that she can get, and she knew that. All she had 18 to do was ask him. 19 Q Was any of the -- what was the money used for 20 for the Credit Union loans? 21 A To go down to Texas and pick her up and bring 22 her back, bring all of her stuff and her boyfriend's stuff 23 back. We also used paid for their gas, too. 24 Q Whose idea was it to use your money for that? 25 A Well, my daughter called him, Bob, and she 24 "', ~- 1 cried over the phone, and he said, we'll be down. We won't 2 let you stuck. 3 Q Do you have any other income other than the 4 support you're receiving from your husband? 5 A No. 6 Q You've heard -- when I was cross-examining 7 your husband, I asked him about how you purchased the two 8 Ford Explorers. That was purchased with your worker's 9 computation, is that correct? 10 A Yes. 11 Q And it's true that the second suit, the 12 personal injury suit or products liability suit, there was 13 $50,000.00 in an escrow account, is that correct? 14 A Yes, that's for the -- for me to get my 15 doctors helping me for my pain and stuff that I have to go 16 through and my pills I have to take. 17 Q You're not receiving any further workmen's 18 compensation money? 19 20 21 22 23 24 25 it for me. And I owe them rent and my bills and my pills A No. Q Any disability money? A No. Q How do you pay for your medication? A I pay it out of my pocket. My friends paid it before he started giving me money. All my friends paid 25 .""'\ ,- 1 and everything. 2 Q Do you want any of that $50,000.00 to be used 3 to pay these bills at this time? 4 A I told Bob that I would pay $7000.00 on his 5 bills if and also that you would pay them if he would 6 give them to you, that you woul~ pay them, if they're out of 7 the escrow. But then he would have to give me the rest of 8 the money because I need it for my medical. 9 Q Mrs. Ritter, what you're saying is, you had 10 offered to do something as a settlement type thing? 11 A Yeah. 12 THE COURT: Are you saying that none of the 13 $19,000.00 that's represented by the Members First Credit 14 Union went to you? 15 16 17 18 19 20 21 22 thing where he loaned my daughter $4000.00. And he went 23 on -- I wrote out the bills. The only one I kept at that 24 time was a Texaco bill. That was the second time around. 25 And I kept that to keep because he was leaving. He told me THE WITNESS: No, not directly to me, no. THE COURT: None of it? THE WITNESS: No, sir. THE COURT: And where did it go again? THE WITNESS: Pardon? THE COURT: Where it did it go? THE WITNESS: It went on bills. Here's a 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ~ r to get the heck out. And when I left, I took the money, but I used it to pay some more bills back. I gave it back to him by paying bills. So I really didn't take the money. THE COURT: No, I'm not suggesting you took the money. But did none of it go for your benefit? THE WITNESS: No. THE COURT: Nothing? THE WITNESS: No. THE COURT: Not a penny? THE WITNESS: Not a penny, sir. THE COURT: By your benefit, I mean, to pay off bills that were at least partly incurred for your benefit? THE WITNESS: When I got into this marriage, sir, he had bills from his ex-wife. He had bills in visa and Master Card all the way up to the limit. He had Boscov's. He had Sears. He had Bon Ton. And let's see. Radio Shack he did not have. But he had it in his name. That was just our bills. But the other bills were -- was mostly his wife and his because he took her to Bermuda, and he took her and bought her a diamond ring the Christmas before he moved in with me. THE COURT: All right. Mr. Zulli. BY MR. ZULLI: Q Mrs. Ritter, many of these bills that were 27 ,""" r, 1 used to payoff, you're saying they were bills from before 2 that Mr. Ritter had incurred? 3 A Yes, and also when I got my $63,000.00, I 4 paid 10 over $10,000.00 on bills with that. 5 MR. ZULLI: Your Honor, I guess my time is 6 up. 7 THE COURT: Mr. Katshir, do you have any 8 cross examination? 9 MR. KATSHIR: Yes. 10 CROSS EXAMINATION 11 BY MR. KATSHIR: 12 Q You indicated to the judge that none of these 13 things went for your benefit? 14 A Not really, no. 15 Q But the Bank One and the Sears, the $3170.00 16 for Sears, you didn't purchase anything with that? 17 A At Sears? I don't like Sears, no. 18 Q Bank One, none of that was used for you? 19 A Now wait a minute. I will say that for 20 Christmas and stuff, Bob did not like to go to the store. 21 He told me to go get Christmas gifts for our 13 22 grandchildren. And he made -- he said, get what you want. 23 So I did. He even -- 24 Q Thank you. 25 A May I say something, please? He even, for my 28 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ........ ,,-- daughter, he wanted my daughter to have a heart-shaped necklace. And he told me to go over to Best to get one. And when I did, I called him back. I said, there's only one here, the kind you want that opens up, and it costs $500.00. He said, buy it. I want her to have it. Q Okay. Thank you. Now this loan, we're talking about the Members First, the Credit Union. That was taken out in 1996, is that right? A I'm not sure. Q That was -- if it were taken out in 1996, that was approximately five years after you and he were married, is that right? A Yes. Q At least the second loan from the Members First was collateralized by your vehicle, right? A Yes. Q Now as far as the money goes for your daughter, that was $3000.00 or $4000.00 given to your daughter, is that right? A Yes. Q That was taken out of the second loan, is that right? A Yes. Q Now you -- I assume you had to sign? A No. 29 " ~ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Q Indicating that you A I only signed -- Q To have your car collateralized by this loan? A I resigned that. I did not sign the loan. Q In doing so, you agreed that this loan would be taken out? A No. I did anything in the world for my husband because I loved him. And I even told -- when we were in court before, I -- he -- I waited on him hand and foot. Q That was the second time around? THE COURT: That's not fair to the stenographer. She can't take two voices at once. THE WITNESS: I waited on my husband hand and foot. And whatever he wanted, I got him, if I possibly could. And I even went out in the middle of the night to get him stuff. BY MR. KATSHIR: Q The Radio Shack, you indicated was a card that he had prior to the marriage, right? A What? Q The Radio Shack card? A No, it isn't. I mean, Judge, he even bought my daughter a car and signed his name for it. I have proof right here. 30 ......, r' 1 Q Thank you. As far as the $50,000.00 -- 2 THE COURT: I'm sorry. I just have to cut it 3 off at this point. 4 MR. KATSHIR: Thank you, Your Honor. 5 THE COURT: Let's see. Mr. Katshir, are you 6 moving the admission of Plaintiff's Exhibits 2 and 3? 7 MR. KATSHIR: I guess one, two, and three, 8 yes. I assume that you've already admitted that. 9 THE COURT: I think one was admitted. 10 MR. KATSHIR: Yeah, I move to have two and 11 three. 12 MR. ZULLI: Your Honor, with number two, 13 there's no identification on that exhibit. That indicates 14 it's from Mr. Ritter, and I would object to that. 15 THE COURT: All right. Plaintiff's Exhibits 16 2 and 3 are admitted. 17 (Whereupon, 18 Plaintiff's Exhibits Nos. 2 and 3 19 were admitted into evidence.) 20 THE COURT: You may step down. We'll enter 21 this Order. 22 (Whereupon, the following Order of Court was 23 entered.) 24 ORDER OF COURT 25 AND NOW, this 3rd day of October, 1997, upon 31 r:. "- >; ",: ~....~ h iJ. Ul '->" l~: . - " (): " , , r" ; C ;.. . l' '. : iJ..:~ .:.. \.: .. " (, .' c '" u GREGORY J. KATSHIR Attorney et Lew 900 Markel Street Lemoyne, Pennsylvania 17043 (717) 763.8133. Fax (717) 763.9425 AUG 1 2 1998 J\J \ ~'-' ROBERT W. RITTER Plaintiff/Petitioner ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - LAW ) ) NO. 97-1355 ) vs. DARLENE M. RITTER Defendant/Respondent EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes Petitioner, Robert Ritter, by and through his attorney, Gregory J. Katshir, Esquire, with the following Emergency Petition for Special Relief and avers as follows: 1. This matter involves a Divorce and support matter existing between the parties. Petitioner filed a Complaint in Divorce on March 17, 1997. 2. The parties separated on February 21, 1997 when Respondent voluntarily left the marital residence. 3. Throughout the marriage, the parties incurred substantial marital debt. 4. One debt in particular is a debt owed to Texaco in the amount of $1,845.09. Said debt was incurred wholly during the marriage by both parties. 5. The parties, however, have received an offer from Great Lakes Collection Bureau, Inc. providing that if payment of $922.55 is made on or before August 14, 1998, Texaco will accept that amount as payment in full. A copy of said offer is attached hereto and identified as "Exhibit A". Therefore, time is of the essence. 6. Both Petitioner and Respondent are, however, financially unable to pay such amount at this time. 7. The parties do have an amount of approximately $46,000.00 being held in an escrow account pending equitable distribution. Both parties have expressed a desire to pay the Texaco debt, at some point, from the funds being held in escrow. Neither party disputes the existence or validity of the debt. 8. Respondent has refused, at this point, for an unexplained reason, to agree to release funds from the escrow account to pay the Texaco debt, even though the parties will save approximately $922.00 if the debt is paid immediately. There is no legitimate reason for the refusal to pay the debt but is only done to frustrate Petitioner. 9. Respondent's refusal to pay the debt at this time, at a considerable savings, amount to dissipation of marital assets. 10. The actions of Respondent amount to obdurate, dilatory and vexatious conduct which subject her to the payment of Petitioner's reasonable attorney's fees pursuant to 42 Pa. C.S.A. 2503. As this Honorable Court may recall, Petitioner was previously forced to file Petitions for Special Relief to request that Respondent return his vehicle and pay additional marital debt. This Court granted relief to Petitioner in both instances. 11. Further, the parties are involved in a support action at DR 26284. Pursuant to a support order of court, Petitioner is required to pay 80% of any unreimbursed medical expenses. 12. On or about June 6, 1998, the Domestic Relations office bills to Petitioner directing him to pay, within 90 days, the amount of $514.33 for Respondent's unreimbursed medical expenses. 13. Subsequent to June 6, 1998, Petitioner's counsel received additional bills with Petitioner's share of the cost amounting to $350.60. The total cost of unreimbursed medical expenses are $864.93. 14. The medical expenses are for 17 prescription drugs that Respondent claims are necessary for her medical condition. For purposes of this Petition only, Petitioner will not dispute the necessity of the enormous amounts of medicine taken by Respondent. 15. Petitioner is without sufficient funds to make payment in full of the amount requested for unreimbursed medical expenses. Petitioner is paying a substantial portion of the marital debt by way of automatic deduction from his bi-weekly pay. 16. It would be appropriate for this Honorable Court to issue an Order permitting the release of $864.93 from the escrow account in order to pay the unreimbursed medical expenses and direct that said amount be taken as an advance against Petitioner from any amount he is to receive at the time of equitable distribution. 17. This Honorable Court has authority to grant the above requested relief pursuant to Section 1920.43 and 1910.25 of the Pennsylvania Rules of Civil Procedure. 18. This matter has been discussed with counsel for Respondent, Francis A. Zulli, Esquire. By demand from Respondent, Mr. Zulli does not consent to the grant of relief VERIFICATION BY COUNSEL I am the attorney of record for the Plaintiff. I verify that the statements made in this pleading are true and correct to the best of my knowledge, information and belief based upon my conversations with the Plaintiff and the information provided to me by the Plaintiff. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ~(Ic/(a , I Katshir, Esquire for Plaintiff fol '.', cr IIQ 0' llIl , . Ji,i,' :1Il 1-1 ..0:1 'Ill'. llIl .0:1 >-< 01-1 :z;0 III III ~ll<. ,llIllf) Ill'" ZllIl III 0' ,I&. '~:z;: 0' llIlI-I Ill.,. ::a 1-1 ,If) t: .:z;... <ll< J ';'~'il~,'r::~ 't; ~, .-.. )~I:';~e. ;'~;~ ;i~:lf' ~ -'.~,' - :8~'" ~' ~;z;,;.:tili.~' -0'<" .', .1Il" ..:.'I . . fol,r:l H''''''<'~E'<'ori' '1l411lP.i lI'I~ 1"1,11I" :=e.:z;."'" ""....; 'g~s:::'- ,S:t ":J.{f,n. . ...0.0:1 I 'ill .,.. '...; 'ia;.n;<<i~ '.0-' +<<,,:z;.' . t'':'::.'SC.:':: : j, .. ;~~f';i. .' ~ '" .. ., 171 ;:., r:l :G.I to' .~ ','.' :1::- o 110 !II 41 ,JlII .,.'- =~ fol'., foliC I-Ir:l JlII41 .... . 41 :EI:I ~. :z; .fQ .0:1 ",," ..,.z ,,:1:1, .,.," ....<'~.~ > .,: ~.', .Y:: '-.. -.: ,t., .',< -:... ...f,' -" -j. ',,' ,-,: -:. -'j, , ',- /,-' '-,' ,':,;' ','- ,. - . . ...*'" time she entered the marriage, she was practically free of debt and during the marriage she assisted the Petitioner in paying off debts that he had incurred prior to the marriage. The Respondent worked at Appleton Paper Co. from 1986 to July, 1991 when she incurred ajob related injury. She collected workman's compensation of$406.84 per week until June of 1995 at which time she received a workman's compensation commu- tation award of$75,OOO.00 of which she netted $63,750.00. The Respondent avers that from the net award, she purchased two 1995 Ford Explorer vehicles for the Petitioner and Respondent and that she used approximately $10,000.00 to payoff current debts. The Respondent denies that the debts set forth on Exhibit "An are fntirely marital debts. 4. Denied as stated. The Respondent avers that the Petitioner is continuing to pay the majority of the debts as set forth on Exhibit "An. It may be true that the Petitioner is not paying on some of the minor debts such as the Texaco account, PNC Bank loan and AT&T but those accounts are not incurring substantial interest or penalties. The Respondent further avers that from the date of her filing of the support action in February of 1997 until she was awarded support in August of 1997, the Petitioner has made no support payments to her except for a $25.00 payment, even though his income was substantial during that period of time. The Petitioner had funds available at that time to pay the bills that were not deducted from his paycheck. The Petitioner has payments for the majority of the debts set forth on Exhibit "An deducted from his pay with Appleton Paper Co. By way of further response, Respondent avers that the debts set forth on Exhibit "An are not marital debts but debts of the Respondent. 2 I .. 5. Admitted in part WId Denied in part. It is admitted that the Petitioner had deductions from his payroll for the payment of various debts such as the 10Wl 1,IoWl2 WId the credit union debt. The Respondent denies that the debts set forth on Exhibit "A" constitute marital debt in their entirety. By way of further Wlswer thereto, Respondent avers that this Court through the appointment of a Master has not detennined equitable distribution of the marital assets WId marital debts of the parties. 6. Admitted. By way of further Wlswer thereto, the Respondent avers that the parties attended two support conferences before a Domestic Relations hearing officer WId also attended a hearing before this Court regarding the detennination of the Respondent's entitlement to receive spousal support. The Respondent avers that at the conferences, both Petitioner WId Respondent presented substantial evidence and documentation regarding the incomes WId debts of the parties. The Respondent presented evidence indicating that she was pennWlently disabled WId unable to work WId was solely dependent upon receiving support from the Petitioner. The Domestic Relations hearing officer, after considering all of the evidence WId documentation, issued a recommended Order granting the Respondent spousal support at the rate of$181.00 per week plus $10.00 on the arrearages.. The issue of debts and the payer of the debts was duly considered at the time of the support conferences. 7. Admitted in part WId Denied in part. It is admitted that Petitioner pays for his WId Respondent's car insurance directly from his paycheck. The Respondent is unable to Wlswer the allegations regarding the Petitioner's net monthly income as his income 3 fluctuates due to the hours he works and the availability of overtime work. The Respondent denies the remaining avennents of paragraph seven (7) as after reasonable investigation, the Respondent is without knowledge or infonnation sufficient to fonn a belief as to the truth of the remaining avennents set forth in paragraph seven (7) and proof thereof is demanded at trial. 8. Denied as stated. It is admitted that the Respondent was injured at work and received unemployment compensation. In June of 1995, the Respondent received a workmen compensation commutation settlement in the amount of $75,000.00 which resulted in a net award to the Respondent in the amount of $63,750.00. The Respondent avers that from the proceeds of these funds she purchased two 1995 Ford Explorer auto- mobiles for the Petitioner and Respondent and paid off approximately $ 10,000.00 in debts of the parties. The Respondent further avers that in 1997, as a result of a products liability suit, she received a settlement of $165,000.00 which resulted in a net proceeds award payable to the Respondent in the amount of$50,000.00. These funds are currently being held in escrow by Respondent's litigation attorneys. 9. Denied as stated. As of the date of the filing of the Petitioner's Emergency Petition for Special Relief, no inventories have been filed by the parties in the divorce action nor has either of the parties requested the appointment of a Master for the purpose of detennining equitable distribution between the parties of the marital assets and debts nor has any detennination been made as to what assets constitute marital or non-marital assets. It is admitted that the workmen compensation claim and law suit arose after the 4 parties were married and during the time that the parties resided together but no Master nor Court has detennined any equitable distribution or division of the marital assets. Respondent avers that the equitable distribution of the marital assets and debts must be litigated before a Master and that a Master must detennine if any portion of the funds being held in escrow are marital or non-marital property and how such funds shall be distributed to the parties. Furthennore, the Respondent avers that on numerous occasions the Petitioner advised Respondent that any funds she received from the products liability law suit would be her funds and that he would not assert a claim to those funds, The Respondent avers that due to her inability to work and her continuing disability, she needs the escrow funds to pay for her future medical coverage, medical bills and future subsistence. 10. Denied. The Respondent avers that it would be inappropriate for the Court to order the payment of any debt from the escrow accounls because the equitable distribu- tion of any marital assets or debts has not occurred in the divorce action, The Divorce Code and Rules of Civil Procedure require that a Moster be appointed 10 detennine equitable distribution of marital assets therefore, it is premature for the Court to order any disposition of marital assets until such time os the molter has been litigated before a Master. It is admitted that Sections 1920.43 and 1910.25 of the Pennsylvania Rules of Civil Procedure provide for special relief in domestic relations actions but the Respondent avers that such relief should be limited to the issuance of preliminary or special injunctions, appointment ofreceivers, ordering the seizure of property, issuing orders to 5 prevent the dissipation of marital assets and such similar relief. In this case, no Master has been appointed to distribute the marital assets and debts and the funds in question are secured in that they are presently in escrow pending the litigation of the question of equitable distribution. II. Denied. The Petitioner is continuing to make payments on a substantial portion of the debt that he has set forth on Exhibit "A" by payroll deductions from his paycheck. 12. Denied as stated. As set forth in the answers above, the Domestic Relations Section of this Court has considered all of the debts and income of the parties in detennining spousal support for the Respondent and the hearing officer has set forth a recommended Order based on the evidence and documentation provided to the Domestic Relations Office by the parties herein. The Petitioner has filed an appeal from the recommended Order of the Domestic Relations hearing officer. He will be entitled to present additional evidence to the Court regarding his income and payment of debts therefore, it would be inappropriate for this Court to enter any relief at this time. 13. Denied. The Respondent avers that the issue of equitable distribution of the marital assets and debts of the parties has not been litigated and therefore, it would be inappropriate and premature for the Court to make any distributions of marital assets until a hearing has been conducted before a Master to detennine the distribution of marital assets and marital debts. 14. Denied. The Respondent avers that the Rules of Civil Procedure, Section 6 ) ..,' , ,', ~~;;'" ~' 2<' ~.~X<~:~ ':'~.fi;,}: Fj{':'~""" , " " ,> .~,.~ ',~ )~~{,;.[~.:.~.~, i\ ,.'t. ",). "". ,. ,_,_Ot' ,-~,..~.i~_. ~.. t:io;r;:. 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',' ,,;"';';;, 'I,::: ,,' i', ;,,;,: """,' ,:':\: .,'" c',:', ~'<":,;.,, ,i ",,~,': :';)~~':):~"~~' ,,'::'" 'ie', ~~':~'j ,,~J.t:. "" '2:., "i',>;, 6~ '.' ;"",, ',: ;:.~ ;; ii ,'.: :~,:f.' ~ < ': ~ < ' ," "i~' ';"'!:'::';;~"j" (;~. Z'. " ,":, ' , , ,~: ":;f~\': ~';~:.f,i ;,: , , ,'/,{' .Co " :,~. :<, . -c~~y~ ;:': ,;," '<'i'C;;,;;," " ':' ::,:.\ ";"':"", ,:i<;:, . 0:'?~': ' '.... ,";,; i.." " :;.,.;' "" ....", -"" ii', ':.ie, '>:.';' ','-,.. '," C" ';.' :,::, .. .""".': ;"':.'.' , ....':-',.,- ,';-.:):':',:'. ',:". ; ,'" ~"'.'A . , ' ''-' '" ,,', :"" ;" .;:,; "" .,' 'c.", ',' ',;'. ' .'. '...:<.. ."" ;,.',' ^' .... ' -:..... . .'d,' '_' . " '," " . ::" . d ',__' ,,'. ;,",,-,;. "',' ,'-;,:', ,,' '", "', , ' ' . ",,;, "''-''''(;, ",:,,:,-.;-;,,::":;;:: };'~'-i;X: "'l'~;~:>";'J. ")";;<:'" :;~:i.-, ;';",;,::" ,':' ""..;,;'..; '...'-. .. .- "'''.- .... ,.".. : ;, ..;. .::'::;, ' '-,' ".':. '.-, ".;' ,,:(;:,\:-'.:;'~~~ ,.",. ":", 'c.',' ',..,';':....,.. n.- " ' , >":';::!'-:':'.~' ...',. ......,' ,,' :t:":;)':;~:,:'<;; ;" ' " , ",; ;:;;,ll,;"/'; ,"'. ...', ..,:'1 ',' ,',.- '; ~A;~..%~~r~:,:<c;,:",,, .....:, , ~ GREGORY J. KATSHIR ,;;"~j'~:"'" '-,' " " AtlorMy ftllaw $CO Matilet Strest I.etnoyn$, Poonaylvanla 11043 (7.11') 1~'8t:.l3' Fax (717)763-9425 .' obtaining employment. 3. Paragraph 15 is denied and strict proof thereof is demanded at the time of trial. COUNT 1- ALIMONY 4. The Answers to Paragraphs 11 through 15 of the Counterclaim are incorporated herein as if the same were set forth in detail. 5. Paragraph 16 is denied and strict proof thereof is demanded at the time of trial. By way of further answer, throughout the course of the proceedings, Counterclaim Plaintiff has failed to present any competent testimony that would indicate that she unable to sustain herself. She has failed to present any evidence to indicate that she has attempted to find employment. 6. Paragraph 17 is denied and strict proof is demanded at time of trial to demonstrate that she lacks sufficient property to provide for her reasonable needs. 7. Paragraph 18 is denied. Paragraph 18 attempts to set forth a legal conclusion to which no responsive pleading is required. COUNT II COUNSEL FEES COSTS AND EXPENSES 8. The Answers to Paragraphs 11 through 18 of the 4 , .-,,-,- ,'{' ~> " ~-- " ,<,,' - :.'~:'f ; ",{",-",:< . - , ~>. ' ':- ::... , --,. .;~..-- ,}; " ',' ".'.. . \-"-~. '-" ';'." -,,',',",;':, - ::~-/ ,-;;)." , .'..;;_;~::1~~; )'~_. -;:,n _:-:~~ ~-f "'~ ~., ~;l ~~J~ ~r' ~~~~ ,~.",-" " :'f". ;1>" 5::,: -t~? . ~g., f~~~~~ fr::(l):.:'-~X;:;:1:'~ ..~~ 'kt-' ::~'~~'c;.- S',' ;,~':; ~:-\? ,:~,~:'".'~ ."'r.i.(2;""- .- ':0';< 0 ,.,,:.0:1 ' '>'f" llIl <: In '; MIIl:I-I lI'! ,:;:I~l2l, l"l '~~'ff5X ;.1Il;, >- ~(~~='i. "llitiOll'l!l,'e !!.-H_~g,. C4" . , '; ~:, . :;~. -\\:."i:~t c:" ' QI.. , ." ': :,',1:1 '4/ :' -1M. , "" 4/, 'Iill~ f-< f-<' 1-1' ,Clil i '~. ".." ','-.' 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", ",<:,'t,.,,_, 'J'.-.. JUN 2 4 19~ '".. l::l::l~ . attorney at an account in Jefferson Bank with a current balance of approximately $32,000.00. Additional marital assets consist of motor vehicles and personal property owned by the parties and the Respondent's 401K and pension plan benefits with Appleton Paper Company. 4. The Petitioner avers that the money held in escrow represents a significant portion of the marital estate. S. Your Petitioner avers that it is anticipated that the majority of the escrow funds will be awarded to her when a Master makes a detennination of the distribution of the marital assets. 6. Your Petitioner currently receives support from the Respondent at the rate of $320.00 bi-weekly. 7. Your Petitioner avers that it will be impossible for her to obtain sufficient funds to pay for an apartment and the related utilities and medical prescriptions. 8. Your Petitioner, since June of 1998, has been residing at the home of a friend, Gigi McDade, located at 840 Erford Road, Camp Hill, Pennsylvania. 9. Your Petitioner avers that a Motion for Appointment of Master was filed by the Plaintiff and a pre-hearing conference has been scheduled before the Master for September 10, 1999. It is anticipated that a Master's hearing may not be scheduled until the end of 1999. 10. Your Petitioner has been advised by her friend with whom she resides, that Mrs. McDade and her family desire that your Petitioner vacate the McDade residence by June 30,1999. The McDades have five children and currently four of the boys share one 2 room. They now need the additional space in order to provide a separate bedroom for the two teenage boys. 11. Your Petitioner avers that she has been paying Mrs. McDade rental for the accommodations that she shares with the McDades and that they have an amicable relationship but due to the fact that the McDades need more space for their children, Mrs. McDade has requested that your Petitioner vacate the premises. 12. The Petitioner avers that in addition to the rental payments she was making each month and the expenses for necessities, she is obligated to pay for her prescriptions at the rate of approximately $250.00 per month of which she is entitled to reimbursement of eighty (80%) percent from the Respondent. Unfortunately, the Respondent has not reimbursed Petitioner for these medical prescriptions since August of 1998. 13. Your Petitioner avers that in order for her to obtain an apartment she would be required to expend the sum of approximately $600.00 per month plus utilities but your Petitioner believes that it would be more appropriate for her to purchase a mobile home. 14. Your Petitioner has obtained quotes for three mobile homes which range in price from $14,000.00 to $18,000.00. Attached hereto marked as Exhibits "A", "B" and "cn are copies of quotes she has received from mobile home dealers. 15. Your Petitioner is requesting that the Court enter an Order pennitting her to withdraw the sum of at least $16,000.00 from the escrow account referred to in paragraph three (3) above so that she may purchase the mobile home. 16. Your Petitioner avers that on three previous occasions the Court permitted the parties to withdraw funds from the escrow account. 3 \->\-J>.CE PROfJ€ o 'f.. M,lill!!il~llJlJlll Iy 71. <;! \'>- l.!!lJillnu..SI)J1.tiilli~l~ <-~ J. i [; t II 1404 ARK DDRESS Country ~lanor 201 Birch Lane, 'l'OWNSHIP Carlisle, Pa. 17013 Middlesex SCHOOL Cumb. Valley LO'!' HEW!' $ 305.00 AKE Redman ERIAL II 12217984 MODEL New Moon 13EDROOHS 2 YEAR 1987 BA'l'HS 2 , SIZE 14 x 70 (67) DEN/FH n/" XTERIOR CONS'l'RUC'l'ION: ROOF Pitched ~letal DATE INS'rALLED 2/4/87LOAD 20 PSF SIDING Aluminum SIDEI'IALLS 4" WINDOWS Self-Storinq **************************************************************************** PPLIANCES: Range MChef-Gas Fireplace n/a Fans 1 \~heels Yes Fridge MChef \1asher n/a A/c Central Axles Yes DW n/a Dryer n/a Microwave' 'n/a Hitch Yes U'TSIDE 5)vnace Intertherm (GAS) ~O'l'HER 30 Gal H/W M1EN IES: SHED 8 x 12 DECK n/a AWNING 40' OTHER *************************************************************************** PECIAL COMMENTS: Window treatments Beautifull s Hurricane zone Construction; Dining Room (Tiffany Liqhtl excluded; remain...Well Maintained, One-Owner home with a Large Center Kitchen. rice $ 13,900.00 ax $ -0- rransfer $ 27.50 Insurance $ 218.00 ubtotal $ 14,145.50 ownpayment $ 1,415.50 mt. Finance$ 12,730.00 ***USE DEAD80LT~~=24 HOUR NOTICE*** losing Fee $ 495.00 Term 15 years nt. Rate 12.50% onthly Pmt. $ 156.90 axes $ 87.69 I 307.52 ower Cost PP&L $ 50.00 lOClnthly eat Cost UGI $ 500.00 yearly ark Pet Fee $ -0- ark Rent Includes: w/s/T/Pool/Cable r.. ~., , ''''11.:-~ ".., . I I.' : ,. " .' . ---_..._--.- --. Information provided deemed accurate, but is not guaranteed. THIS HOME IS AVAILABLE FOR OCCUPANCY 7-20-99DAYS AFTER CREDIT & PARK APPROVAL EXHIBIT "BIf ,~\..p.CE PRapE: <0 'f. /-Annulnclurcd Iy r;, IloU!iinn Soecinlisl5 ~ U' List /I 1400 ARK Countrv Manor 'l'OWNSIIIP Middlesex SCHOOL CUmb. vallev DDRESS 193 Birch Lane Carlisle, Pa. 17013 LOT RENT $ 305.00 Redman : MODEL New Moon YEAR 1966 SIZE 14 x 70 (66) /I 12216741 BEDROOMS 2 BATHS 2 DEN/FR n/a CONSTRUCTION: ROOF Metal DATE INSTALLED 1986 LOAD 20 PSF SIDING Metal SIDEWALLS 4" WINDOWS Self-Storing **************************************************************************** PPLIANCES: Range McChef-Gas Fireplace n/a Fans 1 Wheels Yes Fridge McChef Washer Whirlpool A/C n/a Axles Yes DW n/a Dryer Kelvinator Microwave n/a Hitch Yes U'TSIDE Fur~ace IntprthPTm (GAS)~) OTHER AMENITI s: SHED 6 x 10 DECK 8 x 24 AWNING OTHER ***********~*************************************************************** Imnaculate Front and Rear Floor Plan... .Relatively New Carpet, Jacuzzi Tub in Master Bath. Priced to Sell............. PECIAL COMMENTS: riee $ 1c:;., Qnn.QQ 1 ax $ -0- I ransfer $ 27.50 Insurance $ 203.00 ubtotal $ 16,130.50 ownpayment $ 1,630.50 mt. Finance$ 14,500.00.00 **SHOES MU&'T BE REMJVED uroN'OOi:RrNG HOUSE** losing Fee $ 495.00 Term 15 years Rate 12.50 .i onthly Pmt. $ 176.72 , axes $ 'TO FOLLOW.. ower Cost $ 35.00 Monthly &~i~L.& eat Cost $ 35.00 Monthly ark Pet Fee $ -0- ark Rent Includes: W/S/T/Pool/Cable ?J:f 'OJ;}: ' ,F-. APPRovlL I 'Information provided deemed accurate, but is not' guaranteed. THIS HOME IS AVAILABLE FOR OCCUPANCY 14 DAYS AFTER CREDIT & PARK EXHIBIT "e" ?L'ACE PRQP12 0~ M"nU'"C~ It7/, -Q \h llluWillJ..spJlj;iiIli:;.l~ ~~ J.isl: /I 1404 ARK DDRESS Country Manor 'l'OWNSIIIP Middlesex 201 Birch Lane, Carlisle, Pa. 17013 SCIIOOl, CUmb. Vallev La'!' HEN'!, $ 305.00 Redrran /I 12217964 AKE ERIAL MODEL New Moon DEDHOOMS YEAR 1987 DA'l'lI S 2 . SIZE 14 x 70 (67) DEN/Fll n/" 2 Ex'rERIOR CONS'l'RUC'l'ION: ROOF Pitched Metal DA'l'E INS'l'ALLED 2/4/67LOAD 20 PSF IDING Aluminum SIDEWALLS 4" WINDOWS Self-Storinq **************************************************************************** PPLIANCES: Range MChef-Gas Fireplace n/a Fans 1 Wheels Yes Fridge MChef Washer n/a A/C Central Axles Yes DW n/a Dryer n/a Micr.owave' 'n/a lIitch Yes U'TSIDE Fy,rnace Interthenn (GAS) ~O'!'IIER 30 Gal II/W AMEN I rIES: SHED 8 x 12 DECK n/a AWNING 40' OTHER *************************************************************************** PECIAL COMMENTS: Hurricane zone Construction; Dining Room (Tiffany Light) excluded; Window treatments remain.. .Well Maintained, One-Owner hane with a Large Center Kitchen. Beautifull s _ , Price $ ax $ rransfer $ Insurance $ ubtotal $ ownpayment $ mt. Finance$ 13,900.00 -0- 27.50 216.00 14,145.50 1,415.50 12,730.00 ***USF: DEADBOLT"",,24 HUlIH Nal'ICE*** losing Fee $ 495.00 oan Term 15 years nt. Rate 12.50% onthly Pmt. $ 156.90 $ 87.69 I 307.52 Cost PP&L $ 50.00 monthly Cost UGI $ 500.00 yearly ark Pet Fee $ -0- ark Rent Includes: w/s/T/Pool/Cable Information provided deemed accurate, but is Ilot gunranLee~. TillS 1l0ME IS AVAILMlf,E Fall OCCUPilNCY 7-20-99DAYS AF'!'EIl CIlEIl] '!' t. PAllK APPIlUVAl, EXIIIBIT "Il" " J " , I , " ~\..~CE PROP€: o of.. Mitllulilc.tutml I? "II, q ~ l.lmlaIuJi.llccinll515 <-~ List /I 1400 Country Manor 'l'OWNSIIIP Middlesex SCIIOOL CUmb. Vallev I 193 Birch Lane Carlisle, Pa. 17013 LO'!' RENT $ 305.00 I Redman MODEL New Moon YEAR 1986 SIZE 14 x 70 (66) /I 12216741 BEDROOMS 2 BA'!'IIS 2 DEN/FR n/a CONSTRUCTION: ROOF Metal DATE INS'l'ALLED 1986 LOAD 20 PSF IDING Metal SIDEWALLS 4" WINDOWS Self-Storing *************************************************************************** PPLIANCES: i Range McChef-Gas Fireplace n/a Fans 1 Wheels Yes Fridge McChef Washer WhirlpOOl A/C n'a Axles Yes DW n/a Dryer Kelvinator Microwave ' , n'a Hitch Yes U'TSIDE F\}r~aCe Inh::Ilrt-hpnn (GAS)~) 0'1'11 ER AMENI I S: SHED 8 x 10 DECK 8 x 24 AWNING OTHER ***********~*************************************************************** PECIAL COMMENTS: Inmaculate Front and Rear Floor Plan... .Relatively New Carpet, Jacuzzi Tub in Master Bath. Priced to SelL............ **SHOES MUST BE REMJVED UPON ENl'ERING HOUSE** ...., riee $ 1I;,ant).nf) ax $ -0- ransfer $ 27.50 nsurance $ 203.00 l( ubtotal $ 16,130.50 ownpayment $ 1,630.50 mt. Finance$ 14,500.00.00 i I! I; I , , , losing Fee $ 495.00 oan Term 1 5 years nt. Rate 12.50 onthly Pmt. $ 178.72 axes $ 'ID roLIDW.. ower Cost $ 35.00 l-bnthly eat Cost $ 35.00 l-bnthly ark Pet Fee $ -0- ark Rent Includes: W/S/T/Pool/Cable :</ 'Information provided deemed accurate, but is THIS HOME IS AVAILABLE FOR OCCUPANCY 14 not guaranteed. DAYS AFTER CREDIT & PARK APPROvhL EXIIIIlIT "e" SS~: 184.36.6150 PLAN: 091318 STATE\lENT PERIOD: 07,01 96 TO 09/30,96 PAGE: 2 OF 6 ROBERT W RITTER IOIA N STH ST LE1ot0Y~E PA 17043.1612 APPLETON PAPERS INC. RETIREMENT SAVINGS PLAN AS OF 09/30/96 U4,OSO.12 ACTIVITY THIS PERIOD WELLESLEY INVESTMENT INCOME FUND CONTRACT TRUST LOAN FUND TOTAL OPENING BALANCE $8,641. 99 $75.13 $3,683.99 $12,401.11 SHARES I UNITS 437.791 75.130 SHARE I UNIT PRICE $19.74 $1.00 CONTRIBUTIONS EMPLOYEE CONTRIBUTION $732.34 $732.34 COMPANY MATCH $549.25 $549.25 TOTAL CONTRIBUTIONS $1,281.59 $.00 $.00 $1,281.59 LOAN PAYMENTS $274.61 $.00 $274.61- $.00 LOAN INTEREST $.00 $.00 $94.68 $94.68 LOAN ADMINISTRATION FEE $10.00- $.00 $.00 $10.00- DIVIDENDS AND CAP. GAINS $141. 26 $1.12 $.00 $142.38 MARKET GAIN I LOSS $140.36 $.00 $.00 $140.36 CLOSING BALANCE $10.469.81 $76.25 $3,504.06 $14,050.12 SHARES I UNITS 522.706 76.250 SHARE I UNIT PRICE $20.03 $1.00 NET OF LOANCS) $10,546.06 VESTED VALUE $14,050.12 CURRENT CONTRIBUTIONS ALLOCATION EMPLOYEE CONTRIBUTION 100.0% COMPANY MATCH 100.0% WELLESLEY INCOME FUND SUMMARY OF CONTRIBUTIONS SOURCE EMPLOYEE CONTRIBUTION COMPANY MATCH 40l<K) FLEX TOTAL YEAR TO DATE $2,261.47 $1,579.34 $.00 $3,840.81 CURRENT VALUE $8,628.15 $5,175.36 $246.61 $14,050.12 INQUIRIES RELATED TO THIS STATE\lE!':T OR TO YOUR INVESTME!':T ALTERNATIVES SHOULD BE DIRECTED TO CONTINUED ON PAGE 3 VANGUARD PARTlCIPA!':T SERVICES, 1-800.523.1188 005205 111111111111111111111I1111111111111111111I11111111111111111II1I11111111111111111 ~ .... ~ U.I~-,' c.-''*.::" r,:L t:i:i=- Qe. DC.!' ufo, il: ~ ~~ F' L.l. o t!) "" & ;c e- N I c:r-: .::::' x: CT\ CT\ ?:: 7- "' " :'1~Z r::..=t q~ ''?If) '-)2 ',-:z ~~\In roo- ..,. 5 (.) , I , : I ! 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"",'.c :',: ,'" C;:,"" " ;'-c."";';"L' ~)fJ:" <("C,:",,",: :,"., ','" ';,:'is. ;:', "'" ,', ,', ,;,,' " :'~'n ' '::'.;".'", '~~:":;tr~~;.~it~f" /:' ,. .. ... . ~ ., ',' ",?::~'t;{jlEGORX:J ," 'KATSJ-llR ~![f~~i:~ftf{l~}:E<>.<:.;,~<.-.~': ~~.:<" ,::'.< "~<.~ ,.:;,:' "" -", :t.:;''k:;::'::~~~ 7;;, ," ,A!!*:I\<lY l'ctl.,:~ ' ,', ''', .1:,.::;' "..;".',:, ::'; , 900'Mal1\i!\SlrJreI:, , ,>;''.-!};..;:i''..;~i:;;;~~;;;, ~ffiI7;rifl, f>i!fioo~ill 11043 '.: ,~: "~~':;itrvhj~-a1~';~fu({lm 16~H1425 ,; :;\'.' .' '. r"' '- ,- I" " , ," .~~, . ~ .'.~ ,.", "" " " , -:-, ..::-- ~ .- "Wi .....'3'~' , ,;;: .::.. Ir:'5I" i:,;r;~:,<:i, .rBiJ " . ".'. ,0) .-f!} t,~.',i",;,-,!,;,;,.,,~,~~"~,',~,',,::~',:,'~',:/'~::' .:',.- ,. . i;(~'~~::, . . :t [/' $. ib.-- ",.,> '...I":. ,",. .. I.". ..'f ._;./:':';.!::'-, . T. -',:.,',"A';-,.': , ,:<; ;(:'::,.~<-: :) ".,i:~,:frr';;" ':'::....',' 101: ',' l:l' ... " ,', ::-?~> , ll< - lOl;' ,Ill,' f-t f-t 1-1 'llIl i;: f-t' llIl, '--.Dii1., ,~~: ';s~f "'.'0',',,'-. , ~ t :'1' ,~ , . " .. " .,.... "0,;-' '.' j;:; . ;:: 1 .' 4-1 10l r:l, !>llll co, ,~:; ~ r:l = -GI ~ llIl... f-te IIlGl I-l f::Q >,.,. <." 1-1' Q..... llIl 1-1 Mill ~eQ . ~Me . :I: <MO 1tI , ~ III 1Ol:Z;1Il :z; !>leo III f-tl-lllll .0:1 :z;t-'e 1Ol. =0> < 0' III 1-1 ',Q OUlQ '.:.;. " -'..; , ~-'<' ... of alimony, alimony pendente lite, and counsel fees and expenses. The parties were married on May 24, 1991, and separated on February 21, 1997. There are no children of this marriage; however, wife has three emancipated children from a prior marriage and husband has one child from a prior marriage. After extensive negotiations this morning, the parties have reached an agreement as to the outstanding economic issues. 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 change5 or modifications except for correction of typographical errors which may be made during the transcription. The parties and counsel are going to return later today to review the draft of the agreement, make any correction of typographical errors as required, and then affix their signatures by way of affirmation of the terms of the agreement as stated on the record. The parties, as noted, will also sign affidavits and waivers at the time that they review the draft of the agreement. The Master will then prepare an order vacating his appointment so that counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Katshir. MR. KATSHIR: The parties wish to place on the record the agreement they have reached regarding the economic issues in this matter: 1. The parties agree that Robert will receive the following: An amount of $2,710.00 from the escrow account from the personal injury case; The 1995 Ford Explorer Sport; Defined benefit plan and the defined contribution plan at his employer, Appleton Paper with a combined present value of $24,482.00. Darlene agrees to relinquish any and all interest in said plans. 2. Robert agrees to pay the amount of $100.00 per month for alimony for a period of three (3) years for a total of $3,600.00. The $lOO.OO per month will be paid directly to Darlene immediately after Robert's first pay per month. The current order at the Cumberland County Domestic Relations Office will be terminated. The alimony payment will be non-modifiable for the term of 36 months but will terminate within the 36 month period upon the death of either party, the remarriage of wife, or the cohabitation of wife with a person of the opposite sex. 3. The parties agree that Darlene will receive the following: The sum of $30,197.32 from the escrow account from the personal injury case; The 1995 Ford Explorer XLT; Defined benefit plan at Appleton Paper with a present value of $248.00. Robert agrees to relinquish any and all interest he may have in said plan. 4. The parties agree to execute any and all documents necessary to effectuate the withdrawal of the money from the escrow accounts. 5. Both parties shall maintain their own medical insurance. 6. Robert shall be responsible for and assume all marital debt and agrees to indemnify and hold Darlene harmless for those debts. 7. Darlene shall relinquish any and all claims that she may have for any unreimbursed medical expenses. 8. The parties agree that if either shall die within the next 5 years while owning and in possession of the Ford Explorer currently in his or her possession that the surviving party shall receive that vehicle. 9. Each of the parties shall retain as their sole, separate, and exclusive property all household goods, furniture and furnishings, now in the possession of the respective parties, regardless of whether the items of personal property were in joint or individual names. 10. Additionally, each party shall be responsible for and agrees to hold the other party harmless for any debts incurred since the date of separation. 11. Both parties agree that they shall execute an affidavit of consent and any other necessary documents in order to obtain a decree in divorce. 12. The parties agree to execute any and all documents necessary to transfer the vehicles within seven (7) days of the date of this agreement. However, the vehicles shall remain on the insurance through the current policy period, which may be some time in May 2000. 13. Darlene agrees to waive her claim for counsel fees and the parties agree to waive any other claims that were previously raised in this matter. 14. Darlene agrees to provide burial plot documents, cat documents, and Mr. Ritter's birth certificate as soon as possible provided she is able to locate the documents. 15. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. This provision is applicable except for any transfer of the vehicles as provided in the agreement. MR. ZULLI: Mrs. Ritter, you've heard the agreement as dictated into the record regarding the property settlement and equitable distribution settlement between you and your husband; have you heard that? MRS. RITTER: Yes. MR. ZULLI: Do you agree with that agreement? MRS. RITTER: Yes. MR. ZULLI : Do you accept that agreement? MRS. RITTER: Yes. THE MASTER: Do you understand it? MRS. RITTER: Yes. THE MASTER: Do you have any questions? MRS. RITTER: No. MR. KATSHIR: Mr. Ritter, you have heard us discussing and putting on the record the agreement for the distribution of the property and the resolution of the economic issues in this matter? MR. RITTER: Yes. MR. KATSHIR: Do you agree and understand